[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Page 12848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6605]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8781-3]


Clean Water Act Section 303(d): Availability of List Decisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability and Request for Public Comment.

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SUMMARY: This action announces the availability of EPA's proposed 
decision identifying water quality limited segments and associated 
pollutants in Idaho to be listed pursuant to Clean Water Act section 
303(d)(2), and requests public comment. Section 303(d)(2) requires that 
states submit and EPA approve or disapprove lists of waters for which 
existing technology-based pollution controls are not stringent enough 
to attain or maintain state water quality standards and for which total 
maximum daily loads (TMDLs) must be prepared.
    EPA is providing the public the opportunity to review its proposed 
decision to add the following 2 waters, and their associated pollutants 
to Idaho's 2008 section 303(d) list: the Boise River from Indian Creek 
to the mouth for nutrients (AU:ID17050114SW001--06) and Hem Creek for 
temperature (AU:ID17060307CL007--02b). EPA will consider and respond to 
public comments in reaching its final decision on the addition of the 2 
referenced water bodies and pollutants identified for inclusion on 
Idaho's 2008 303(d) list.

DATES: Comments must be submitted to EPA within 30 days of the 
publication of this notice.

ADDRESSES: Comments on the proposed decision to add the two waters 
should be sent to Jill Gable, 303(d) Listing Assistant, Office of Water 
and Watersheds; USEPA Region 10; 1200 6th Ave., Suite 900, OWW-134; 
Seattle, WA 98101; telephone (206) 553-2582, facsimile (206) 553-0165, 
e-mail [email protected]. Oral comments will not be considered. Copies 
of the proposed decision concerning Idaho's 303(d) list which explain 
the rationale for EPA's proposed decision can be obtained at EPA Region 
10's Web site at: http://yosemite.epa.gov/r10/water.nsf/tmdls/ID303disapproval, or by writing or calling Ms. Gable at the above 
address. Underlying documentation for the proposed decision to add 
these waters is available for public inspection at the above address 
and also available at EPA Region 10--Boise Operations Office, 1435 N 
Orchard St., Boise, ID 83706.

FOR FURTHER INFORMATION CONTACT: Jill Gable at (206) 553-2582 or 
[email protected].

SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act (CWA) 
requires that each state identify those waters for which existing 
technology-based pollution controls are not stringent enough to attain 
or maintain state water quality standards. For those waters, states are 
required to establish TMDLs according to a priority ranking.
    EPA's Water Quality Planning and Management regulations include 
requirements related to the implementation of Section 303(d) of the CWA 
(40 CFR 130.7). The regulations require states to identify water 
quality limited waters still requiring TMDLs every two years. The lists 
of waters still needing TMDLs must also include priority rankings and 
must identify the waters targeted for TMDL development during the next 
two years (40 CFR 130.7). On March 31, 2000, EPA promulgated a revision 
to this regulation that waived the requirement for states to submit 
Section 303(d) lists in 2000 except in cases where a court order, 
consent decree, or settlement agreement required EPA to take action on 
a list in 2000 (65 FR 17170).
    Consistent with EPA's regulations, Idaho submitted to EPA its 
listing decisions under Section 303(d)(2) in July 2008. On February 4, 
2009, EPA partially approved and partially disapproved Idaho's 2008 
303(d) list of impaired waters and associated pollutants. EPA partially 
approved Idaho's listing of 929 waterbodies still requiring TMDLS but 
disapproved Idaho's decision to not list two water quality limited 
segments and associated pollutants: The Boise River from Indian Creek 
to the mouth for nutrients (AU:ID17050114SW001--06) and Hem Creek for 
temperature (AU:ID17060307CL007--02b). EPA identified these additional 
waterbodies and pollutants for inclusion on the State's 2008 section 
303(d) list. EPA solicits public comment on its identification of these 
additional waters and associated pollutants for inclusion on Idaho's 
2008 Section 303(d) list.

    Dated: March 5, 2009.
Michael A. Bussell,
Director, Water Division, EPA Region X.
 [FR Doc. E9-6605 Filed 3-24-09; 8:45 am]
BILLING CODE 6560-50-P