98-29649. Clean Water Act Section 303(d): Availability of List Submissions and Proposed Decisions

[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
[Notices]
[Pages 59556-59557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29649]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6184-6]


Clean Water Act Section 303(d): Availability of List Submissions 
and Proposed Decisions

AGENCY: Environmental Protection Agency.

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.
    EPA partially approved and partially disapproved California's 
submittal. Specifically, EPA approved California's listing of 472 
waters and associated priority rankings. EPA disapproved California's 
decisions not to list 37 water quality limited segments and associated 
pollutants, and an additional 12 pollutants for waterbodies already 
listed by the State. EPA identified these additional waterbodies and 
pollutants for inclusion on the 1998 Section 303(d) list. EPA also 
announced its intention to approve the State's listing of Coyote Creek 
for toxicity pending solicitation of public comments concerning this 
listing decision.
    EPA is providing the public the opportunity to review these 
proposed decisions as required by Public Participation regulations (40 
CFR part 25). EPA will consider public comments in reaching its final 
decisions on the additional waterbodies and pollutants identified for 
inclusion on California's final lists.

DATES: Comments must be submitted to EPA on or before December 4, 1998.

ADDRESSES: Comments on the proposed decisions should be sent to David 
Smith, TMDL Coordinator, Water Division, U.S. Environmental Protection 
Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105, 
telephone [phone], facsimile [phone]. Copies of the 
proposed decisions concerning California which explain the rationale 
for EPA's proposed decisions can be obtained by writing or calling Mr. 
Smith at the above address. Underlying documentation comprising the 
record for this decision is available for public inspection at the 
above address.

FOR FURTHER INFORMATION CONTACT: David Smith at [phone].

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.
    On January 11, 1985, EPA published the Water Quality Planning and 
Management regulations (50 FR 1775). These regulations included 
requirements related to the implementation of Section 303(d) of the CWA 
(40 CFR 130.7). The regulations

[[Page 59557]]

did not specify dates for state compliance with the Section 303(d) 
requirements, but reiterated the statutory provisions calling for 
submissions from time to time. On July 24, 1992, EPA published a final 
rule (57 FR 33040) that amended 40 CFR 130.7 to establish that, for the 
purposes of identifying water quality limited waters still requiring 
TMDLs, ``from time to time'' means once every two years. The list of 
waters still needing TMDLs must also include a priority ranking and 
must identify the waters targeted for TMDL development during the next 
two years (40 CFR 130.7).
    Consistent with EPA's revised regulations, California submitted to 
EPA for its approval its listing decisions under Section 303(d)(2) on 
June 25, 1998. EPA approved California's listing of 472 waters and 
associated priority rankings. EPA disapproved California's decisions 
not to list 37 water quality limited segments and associated 
pollutants, and an additional 12 pollutants for waterbodies already 
listed by the State. EPA identified these additional waters and 
pollutants for inclusion on the 1998 Section 303(d) list. EPA also 
announced its intention to approve the State's listing of Coyote Creek 
for toxicity pending solicitation of public comments concerning the 
State's listing decision.
    EPA solicits public comment on its identification of 37 additional 
waters and associated pollutants, and 12 additional pollutants for 
waters already listed by the State, for inclusion on California's 1998 
Section 303(d) list. EPA also solicits public comment on California's 
listing of Coyote Creek in the Los Angeles Region due to toxicity.
    EPA notes that it does not normally solicit public comment on its 
decisions to approve individual waters included on state Section 303(d) 
lists. Pursuant to the public participation requirements of 40 CFR part 
25, EPA is providing this opportunity for public review and comment on 
its proposed approval decisions because California provided inadequate 
opportunity for public comment on the decision to list Coyote Creek for 
toxicity. In the future, EPA expects that states will provide adequate 
opportunities for public comment on all listed waters during 
development of the state lists.
Alexis Strauss,
Acting Director, Water Division.
[FR Doc. 98-29649 Filed 11-3-98; 8:45 am]
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