[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46156-46157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15325]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10978-01-R3]


Clean Water Act: Identification of Water Quality-Limited Segments 
To Be Added to West Virginia's Section 303(d) List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Public notice.

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SUMMARY: The Clean Water Act (CWA) requires that states periodically 
submit, and the Environmental Protection Agency (EPA) approve or 
disapprove, lists of waters (called ``Section 303(d) lists'') 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. Waters identified on 
Section 303(d) lists are called ``water quality-limited segments.'' 
This notice announces the EPA's identification of certain additional 
water quality-limited segments for West Virginia's Combined 2018-2020-
2022 Section 303(d) list and requests public comment on those 
additions.

DATES: Comments must be received on or before August 18, 2023.

ADDRESSES: You may send written comments to Mr. Gregory Voigt by the 
following methods:
     Electronic mail: [email protected]. Include `FRL-
10978-01-R3 comment' in the subject line of the message.
     Mail: Mr. Gregory Voigt, Mail Code 3WD42, U.S. 
Environmental Protection Agency Region 3 Water Division, Four Penn 
Center, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103-2029.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Voigt, Water Division 
Standards and TMDL Section, 3WD42, Environmental Protection Agency at 
[email protected] or (215) 814-5737. Additional information 
regarding the basis for this EPA action is available at https://www.epa.gov/tmdl/wv-303d-list-public-notice.

SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act 
requires that each state identify those water quality-limited segments 
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. For 
each water quality-limited segment on the list, the state identifies 
the pollutant causing the impairment, when known. In addition, the 
state assigns a priority ranking for development of TMDLs based on the 
severity of the pollution and the uses to be made of the waters, among 
other factors (40 CFR 130.7(b)(4)).
    The 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 assemble and evaluate 
all existing and readily-available water quality data and to use that 
data to identify water quality-limited segments still requiring TMDLs 
every two years. Where a state does not use certain data, it must 
provide a rationale. The list of waters still needing TMDL development 
must also include priority rankings and must identify the waters 
targeted for TMDL development during the next two years (40 CFR 130.7).
    The EPA received West Virginia's submittal of its listing decisions 
under Section 303(d)(2) on May 5, 2023. On June 1, 2023, the EPA 
partially approved and partially disapproved West Virginia's Combined 
2018-2020-2022 Section 303(d) list of water

[[Page 46157]]

quality-limited segments based upon the Agency's finding that West 
Virginia did not use certain water quality information and therefore 
did not identify certain water quality-limited segments based upon 
existing data and public input. The EPA analyzed the information and 
identified three-hundred forty-six (346) additional water quality-
limited segments for inclusion on West Virginia's Combined 2018-2020-
2022 Section 303(d) list. These water quality-limited segments are 
identified in Enclosure 3 of the June 1, 2023 decision document and 
displayed on an interactive webmap, both of which are available at the 
website link provided.
    The EPA is providing the public an opportunity to review and 
comment on its identification of these water quality-limited segments 
for West Virginia's Combined 2018-2020-2022 Section 303(d) list as 
required by 40 CFR 130.7(d)(2). The EPA will consider public comments 
and make any appropriate revisions before transmitting its final list 
of water quality-limited segments to the State.

Catherine Libertz,
Director, Water Division, Region III.
[FR Doc. 2023-15325 Filed 7-18-23; 8:45 am]
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