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

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[Federal Register: March 27, 2008 (Volume 73, Number 60)]
[Notices]
[Page 16301-16302]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr08-49]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8547-7]

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

ACTION: Notice of Availability and Opportunity to Comment.

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SUMMARY: This notice announces the availability of, and opportunity to
comment on, an EPA decision reconsidering its decision to approve the
omission of microcystin toxins listings for three segments of the
Klamath River in California and identifying microcystin toxins as an
additional cause of impairment for a segment of the Klamath River
pursuant to Clean Water Act section 303(d)(2). 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.

DATES: Comments must be submitted to EPA on or before April 28, 2008.

FOR FURTHER INFORMATION CONTACT: Comments should be sent in writing to
Peter Kozelka, TMDL Coordinator, Water Division (WTR-2), U.S.
Environmental Protection Agency Region IX, 75 Hawthorne Street, San
Francisco, CA 94105, telephone (415) 972-3448, facsimile (415) 947-
3537, e-mail kozelka.peter@epa.gov. Materials relating to EPA's
reconsideration and determination can be viewed at EPA Region 9's Web
site: http://www.epa.gov/region9/water/tmdl/303d.html or obtained by
writing or calling Mr. Kozelka at the above address. Documentation
relating to EPA's action is available for public inspection at the
above address.

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).
    Consistent with EPA's regulations, California submitted to EPA its
listing decisions under section 303(d)(2) on November 24, 2006. On
November 30, 2006, EPA approved California's list of impaired waters,
except Walnut Creek Toxicity. On March 8, 2007, EPA disapproved
California's decisions not to list 36 water quality limited segments
and associated pollutants, and additional pollutants for 34 water
bodies already listed by the State. On June 28, 2007, EPA issued its
final decision regarding the additional waters and pollutants for
inclusion on the 2006 section 303(d) list. Among other things, the June
28 decision approved the 2006 section 303(d) list without adding any
Klamath River segments as impaired due to microcystin toxins.
    California's 2006 section 303(d) List already identifies each
segment of the Klamath River within California as impaired due to
Nutrients, Organic Enrichment/Low Dissolved Oxygen, and Temperature.
EPA has reconsidered its prior approval of the omission of microcystin
toxins listings for three Klamath River segments, and on March 13,
2008, determined to add a listing for microcystin toxins for one of
these three segments, ``Klamath River HU, Middle HA, Oregon to Iron
Gate''. EPA's reconsideration of its decisions related to microcystin
toxins and the Klamath River, and its determination to add a listing
for microcystin toxins for one of the river's segments, do not affect
EPA's determinations regarding any other portion of California's
section 303(d) List. Neither EPA's approval of the State's listings for
the Klamath River listings, nor EPA's determination to add the listing
for microcystin toxins, extends to any water bodies located within
Indian country, as defined in 18 U.S.C. 1151.
    EPA is providing the public the opportunity to review EPA's
reconsideration of the listings for the Klamath River related to
microcystin toxins, and its determination to add a

[[Page 16302]]

listing for microcystin toxins for one segment of the river. EPA may
revise its decision if warranted in response to comments received. EPA
is soliciting comment only with respect to the reconsideration of
listings related to microcystin toxins for three Klamath River segments
and EPA's determination to add the listing.

    Dated: March 20, 2008.
Alexis Strauss,
Director, Water Division, EPA Region IX.
[FR Doc. E8-6278 Filed 3-26-08; 8:45 am]
BILLING CODE 6560-50-P

 
 

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