[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Pages 37214-37215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16816]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9965-72-Region 2]


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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[[Page 37215]]

SUMMARY: This notice announces EPA's proposed decision to identify 
certain water quality limited waters and the associated pollutant to be 
listed, pursuant to Clean Water Act (CWA) Section 303(d)(2), on New 
York's list of impaired waters, and requests public comment. Section 
303(d)(2) of the CWA and EPA's implementing regulations require States 
to submit, and EPA to approve or disapprove, lists of waters for which 
technology-based and other controls are not stringent enough to attain 
or maintain State water quality standards and for which total maximum 
daily loads (TMDLs) must be established. States are required to 
establish a priority ranking for waters on the list and to identify 
waters targeted for TMDL development over the next two years.
    New York submitted its 2016 CWA Section 303(d) list (2016 303(d) 
list) to EPA in correspondence dated December 21, 2016. On July 21, 
2017, EPA partially approved and partially disapproved New York's 2016 
303(d) list. Specifically, EPA approved New York's 2016 303(d) list 
with respect to the 792 waterbody/pollutant combinations requiring 
TMDLs that New York included on its list, the State's priority ranking 
for these waterbody/pollutant combinations and the waterbody/pollutant 
combinations targeted for TMDL/Restoration Strategy development in 
2017. However, EPA disapproved New York's 2016 303(d) list because EPA 
determined that it does not include seventy-one waterbody/pollutant 
combinations that meet CWA Section 303(d) listing requirements.
    For a detailed explanation of EPA's partial approval/partial 
disapproval, please refer to EPA's Support Document (https://www.epa.gov/tmdl/new-york-impaired-waters-list). EPA is providing the 
public the opportunity to review its proposed decision to add these 
seventy-one waterbody/pollutant combinations to New York's 2016 303(d) 
list. EPA will consider public comments before transmitting its final 
listing decision to the State.

DATES: Comments must be submitted to EPA on or before September 8, 
2017.

ADDRESSES: Comments on the proposed decision should be sent to Aimee 
Boucher, U.S. Environmental Protection Agency Region 2, 290 Broadway, 
New York, NY 10007, email [email protected], telephone (212)-637-
3837. Oral comments will not be considered. Copies of EPA's letter and 
support document regarding New York's list can be obtained by calling 
or emailing Ms. Boucher 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. Boucher to schedule 
an inspection.

FOR FURTHER INFORMATION CONTACT: Aimee Boucher at (212) 637-3837 or at 
[email protected].

SUPPLEMENTARY INFORMATION: EPA partially disapproved New York's 2016 
303(d) list because EPA determined that it does not include seventy-one 
waterbody/pollutant combinations that meet CWA Section 303(d) listing 
requirements. These seventy-one waterbody/pollutant combinations 
include:
    (1) Thirty-eight waterbody/pollutant combinations New York 
previously placed in Integrated Report Category 4b (i.e., impaired 
waters where a TMDL is not necessary because other required controls 
will result in attainment of water quality standards within a 
reasonable period of time) without adequate justification;
    (2) one waterbody/pollutant combination New York delisted from its 
2014 303(d) list and moved to Integrated Report Category 4b without 
adequate justification;
    (3) four waterbody/pollutant combinations New York delisted from 
its 2014 303(d) list without data or information indicating New York's 
applicable water quality standard for dissolved oxygen is met;
    (4) twenty-six waterbody/pollutant combinations New York delisted 
from its 2014 303(d) list without data or information indicating New 
York's applicable narrative nutrients standard is met; and
    (5) two waterbody/pollutant combinations New York did not include 
on its 2016 303(d) list where data or information indicate that New 
York's applicable water quality standard for dissolved oxygen is not 
met.

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

    Dated: July 27, 2017.
Catherine McCabe,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region 2.
[FR Doc. 2017-16816 Filed 8-8-17; 8:45 am]
 BILLING CODE 6560-50-P