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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 
[Federal Register: June 5, 2003 (Volume 68, Number 108)]
[Notices]
[Page 33693]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jn03-64]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7508-3]
 
Clean Water Act Section 303(d): Availability of List Decision

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of an EPA decision 
identifying water quality limited segments and associated pollutants in 
California 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.
    On June 5, 2003, EPA partially approved and partially disapproved 
California's list submittal for the 2002 listing cycle. Specifically, 
EPA approved California's listing of 679 waters, associated pollutants, 
and associated priority rankings. EPA disapproved California's 
decisions not to list 5 water quality limited segments and associated 
pollutants, and additional pollutants for 15 water bodies already 
listed by the State. EPA identified these additional water bodies and 
pollutants along with priority rankings for inclusion on the 2002 
section 303(d) list.
    EPA is providing the public the opportunity to review its decisions 
to add waters and pollutants to California's 2002 section 303(d) list, 
as required by EPA's Public Participation regulations (40 CFR part 25). 
EPA will consider public comments in reaching its final decisions on 
the additional water bodies and pollutants identified for inclusion on 
California's list.

DATES: Comments must be submitted to EPA on or before July 8, 2003.

ADDRESSES: Comments on the proposed decisions should be sent to David 
Smith, TMDL Team Leader, Water Division, U.S. Environmental Protection 
Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105, 
telephone (415) 972-3416, facsimile (415) 947-3537, e-mail 
smith.davidw@epa.gov. Oral comments will not be considered. Copies of 
EPA's decision concerning California's list that explain the rationale 
for EPA's decisions can be obtained at EPA Region 9's Web site at 
http://www.epa.gov/region09/water/TMDL by writing or calling Mr. Smith 
at the above address. Underlying documentation comprising the record 
for these decisions is available for public inspection at the above 
address.

FOR FURTHER INFORMATION CONTACT: David Smith at (415) 972-3416 or 
smith.davidw@epa.gov.

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, California submitted to EPA its 
listing decisions under section 303(d)(2) on March 3, 2003 along with 
several followup submittals. On June 5, 2003, EPA approved California's 
listing of 679 waters and associated priority rankings. EPA disapproved 
California's decisions not to list 5 water quality limited segments and 
associated pollutants, and additional pollutants for 15 water bodies 
already listed by the State. EPA identified these additional waters and 
pollutants along with priority rankings for inclusion on the 2002 
section 303(d) list. EPA solicits public comment on its identification 
of 5 additional waters and associated pollutants, and additional 
pollutants for 15 waters already listed by the State, for inclusion on 
California's 2002 section 303(d) list.

    Dated: May 30, 2003.
Karen Schwinn,
Acting Director, Water Division, Region IX.
[FR Doc. 03-14194 Filed 6-4-03; 8:45 am]
BILLING CODE 6560-50-P

 
 

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