[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Notices]
[Pages 54909-54910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22020]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9724-6]


Clean Water Act: 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 to identify certain water 
quality limited waters and the associated pollutant to be listed 
pursuant to the Clean Water Act Section 303(d)(2) on New York's list of 
impaired waters, 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 August 16, 2012, EPA disapproved New York's decision to exclude 
the Lower Esopus Creek from its 2012 303(d) list. EPA evaluated 
existing and readily available data and information and concluded that 
the applicable narrative water quality standard for turbidity is being 
exceeded in the Lower Esopus Creek. Based on this evaluation, EPA has 
determined that the Lower Esopus Creek is not fully attaining the water 
quality standards established by New York State and should be included 
on the State's 303(d) list of impaired waters.
    EPA is providing the public the opportunity to review its decision 
to add this water to New York's 303(d) list, 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 October 9, 2012.

ADDRESSES: Comments on the proposed decision should be sent to Sheri 
Jewhurst, U.S. Environmental Protection Agency Region 2, 290 Broadway, 
New York, NY 10007, email [email protected], telephone (212) 637-
3035, facsimile (212) 637-3889. Oral comments will not be considered. 
Copies of EPA's letter explaining the rationale for EPA's decision 
concerning New York's list can be obtained by calling or emailing Ms. 
Jewhurst at the address above. Underlying documents from the 
administrative record for these decisions are available for public 
inspection at the above address. Please contact Ms. Jewhurst to 
schedule an inspection.

FOR FURTHER INFORMATION CONTACT: Sheri Jewhurst at (212) 631-3035 or at 
[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

[[Page 54910]]

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 identify the waters 
targeted for TMDL development during the next two years (40 CFR 130.7).
    Consistent with EPA's regulations, New York submitted its listing 
decisions under Section 303(d)(2) to EPA in correspondence dated March 
30, 2012 and July 25, 2012. On August 16, 2012, EPA partially approved 
New York's submittal of the 303(d) list, and disapproved New York's 
decision to exclude Lower Esopus Creek from the 2012 list. EPA is 
soliciting public comment on the addition of this water 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: August 28, 2012.
George Pavlou,
Acting Regional Administrator, Region 2.
[FR Doc. 2012-22020 Filed 9-5-12; 8:45 am]
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