[Federal Register Volume 77, Number 92 (Friday, May 11, 2012)]
[Notices]
[Pages 27770-27771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11428]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9670-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and Request for Comments.

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SUMMARY: This notice announces EPA's decision identifying certain water 
quality limited waterbodies, and the associated pollutant, in Utah to 
be listed pursuant to the 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.
    On April 11, 2012, EPA disapproved Utah's decision to not include 
Kanab Creek and tributaries, from the state line to irrigation 
diversion at confluence with Reservoir Canyon (``Kanab Creek and 
tributaries''), on the State's 2008 and 2010 Section 303(d) lists. EPA 
evaluated existing and readily available data and information and 
concluded that the applicable water quality criterion for total 
dissolved solids (TDS) for these waters is being exceeded. Based on 
this evaluation, EPA has determined that Kanab Creek and tributaries 
are not fully attaining the water quality standards established by the 
State of Utah and should be included on the State's lists of impaired 
waters.
    EPA is providing the public the opportunity to review its decision 
to add these waters to Utah's 2008 and 2010 Section 303(d) lists, as 
required by 40 CFR 130.7(d)(2). EPA will consider public comments 
before transmitting its final listing decision to the State.

DATES: Comments must be submitted to EPA on or before June 11, 2012.

ADDRESSES: Comments on the proposed decision should be sent to Kris 
Jensen, Water Quality Unit (8EPR-EP), U.S. Environmental Protection 
Agency Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129, telephone 
(303) 312-6237, facsimile (303) 312-7517, email [email protected]. 
Oral comments will not be considered. Copies of EPA's letter concerning 
Utah's list that explains the rationale for EPA's decision can be 
obtained at EPA Region 8's Web site at http://www.epa.gov/region08/water/tmdl, or by writing or calling Ms. Jensen at the above address. 
Underlying documents from the administrative record for these decisions 
are available for public inspection at the above address. Please 
contact Ms. Jensen to schedule an inspection.

FOR FURTHER INFORMATION CONTACT: Kris Jensen at (303) 312-6237 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

[[Page 27771]]

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, 
identify the pollutants causing the impairment, and must identify the 
waters targeted for TMDL development during the next two years (40 CFR 
130.7).
    Consistent with EPA's regulations, Utah submitted to EPA its 
listing decisions under Section 303(d)(2) in correspondence dated March 
31, 2011 and April 21, 2011. On February 10, 2012, EPA partially 
approved with further review pending for Kanab Creek and tributaries, 
Utah's 2008 and 2010 listings of waters and associated priority 
rankings. On April 11, 2012, EPA disapproved Utah's decision to not 
include Kanab Creek and tributaries, from state line to irrigation 
diversion at confluence with Reservoir Canyon on the 2008 and 2010 
lists. EPA solicits public comment on the addition of these waters to 
the State's list, as required by 40 CFR 130.7(d)(2).

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: April 26, 2012.
Martin Hestmark,
Acting Assistant Regional Administrator, Office of Ecosystems 
Protection and Remediation.
[FR Doc. 2012-11428 Filed 5-10-12; 8:45 am]
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