98-34548. EPA Identification of Additional Waters to be Added to Virginia's 1998 Clean Water Act Section 303(d) List of Impaired Waters

[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Notices]
[Pages 71919-71920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34548]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6213-3]


EPA Identification of Additional Waters to be Added to Virginia's 
1998 Clean Water Act Section 303(d) List of Impaired Waters

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of hearings and availability for public comment.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is providing public 
notice of the availability of its December 16, 1998 identification of 
additional waters to be added to Virginia's 1998 Clean Water Act 
section 303(d) list and is inviting public comment on that 
identification. EPA is also providing notice of two public hearings. 
EPA intends to make a final determination 45 days after the close of 
this public comment period regarding the waters to be added to 
Virginia's 1998 303(d) list. EPA will transmit the listing of 
additional waters to Virginia, which must incorporate them into it's 
current water quality management plan.
    Section 303(d) of the Clean Water Act and the implementing 
regulations at 40 CFR 130.7 require states to identify their waters 
that do not, or will not, meet water quality standards even after 
required technology-based or other controls are in place. This list, 
known as the Section 303(d) list, must be submitted to EPA for 
approval.
    Federal regulations require states to consider all existing and 
readily available water quality-related data and information in 
developing the 303(d) list. EPA determined that the Commonwealth of 
Virginia did not fully meet this requirement. The Agency partially 
approved and partially disapproved Virginia's 303(d) list on November 
16, 1998. On December 16, 1998, EPA identified a number of waters to be 
added to Virginia's 303(d) list based on existing and readily available 
water quality-related data and information.

DATES: Comments must be received on or before March 1, 1999. The two 
public meetings will be held: (1) February 10, 1999, 7:00 p.m. to 9:30 
p.m., Roanoke, VA. (2) February 11, 1999, 7:00 p.m. to 9:30 p.m., 
Richmond, VA. If you would like to testify at the public hearings, 
please register with Ms. Lenka Berlin at the phone number below by 
February 8, 1999.

ADDRESSES: Submit comments to Ms. Lenka Berlin (3WP13), Water 
Protection Division, USEPA Region III, 1650 Arch Street, Philadelphia, 
PA 19103. The February 10, 1999 public hearing will be at the Roanoke 
County Administration Center, 6204 Bernard Drive, Roanoke, VA 24018. 
The February 11, 1999 public hearing will be at the Division of Motor 
Vehicles, 2300 West Broad Street, Richmond, VA 23220.

FOR FURTHER INFORMATION CONTACT: For a copy of the document detailing 
EPA's November 16, 1998 partial disapproval and a list of the waters 
EPA has identified to be added to Virginia's list, contact Ms. Lenka 
Berlin by phone [phone]), fax [phone]), or by e-mail 
([e-mail]). For a copy of Virginia's final Section 
303(d)

[[Page 71920]]

list submittal, contact Mr. Charles Martin, Virginia Department of 
Environmental Quality, at [phone].

SUPPLEMENTARY INFORMATION:

What is required of the Section 303(d) list?

    Federal regulations include two requirements that are most 
pertinent to EPA's partial disapproval of Virginia's 1998 Section 
303(d) list. First, the regulations require that states consider all 
existing and readily available water quality-related data and 
information in identifying waters for the 303(d) list. See 40 CFR 
130.7(b)(5). Second, if EPA disapproves a list, the Agency must 
identify the waters to which the disapproval applies. See 40 CFR 
130.7(d)(2).

What did Virginia's Section 303(d) list include?

    EPA received Virginia's final 1998 Section 303(d) report on October 
16, 1998. The report included five parts plus appendices. Parts I and 
II of the report are the impaired waters that the Commonwealth 
determined require TMDLs. EPA considers Parts I and II to be the 
Commonwealth's Section 303(d) list. Parts III, IV and V are waters of 
concern that the Commonwealth determined do not require TMDLs. EPA 
considers these three parts to be for informational purposes only, 
outside the Section 303(d) list. Among the appendices to the submission 
is Appendix D, which lists the waters which the Commonwealth included 
on its 1996 Section 303(d) list but did not include on its 1998 list. 
Virginia explained that it did not include these waters because point 
sources on these waters had reportedly been issued water quality-based 
effluent limits that would eliminate the impairment within the next 
two-year reporting cycle.

Why did EPA partially disapprove Virginia's 1998 Section 303(d) list?

    In reviewing the list, EPA determined that Virginia had omitted 
certain waters from the list even though existing and readily available 
water quality-related data and information show that these waters do 
not meet water quality standards even after required technology-based 
and other controls are applied. On November 16, 1998 EPA disapproved 
the omission of these waters from the list and on December 16, 1998 
identified the waters to be added to the list.

Which waters did EPA identify to be added to Virginia's 1998 Section 
303(d) list?

    On December 16, 1998 EPA identified the following five groups of 
waters to be added to Virginia's 1998 303(d) list:
    1. Portions of the mainstem Chesapeake Bay and three tidal 
tributaries because existing and readily available water quality-
related data and information show that the water quality standards for 
dissolved oxygen are not being met. EPA identified those portions of 
the mainstem Chesapeake Bay and three tidal tributaries as high 
priority for TMDL development. In addition, EPA identified excessive 
nutrients as the pollutants of concern causing violations of the 
applicable water quality standard for dissolved oxygen.
    2. 77 waters presented in Appendix D of Virginia's report (waters 
that were listed in 1996 as needing TMDLs but were not included on the 
1998 list). The only data the Commonwealth provided to EPA (i.e., that 
submitted with the 1996 Section 303(d) list) indicated that these 
segments are impaired. EPA designated these waters as low priority for 
TMDL development.
    3. 47 waters presented in Part V of Virginia's report (waters 
reportedly impaired by natural conditions and not identified as 
requiring TMDL development) because they fail to meet water quality 
standards. EPA designated these waters as low priority for TMDL 
development.
    4. 10 waters that were identified as impaired (not meeting water 
quality standards or designated uses) in the Commonwealth's 1998 
Section 305(b) report but were not included by Virginia on the Section 
303(d) list.
    5. 6 waters that are already listed for one or more pollutants but, 
based on information from the Commonwealth's 1998 Section 305(b) 
report, should be listed for an additional pollutant.
    In addition to identifying the five groups of waters above, EPA 
recommends that the Commonwealth modify the priority rankings, from 
medium to high, for four waters identified by the U.S. Fish and 
Wildlife Service as adversely impacting endangered species.

    Dated: December 16, 1998.
Thomas J. Maslany,
Director, Water Protection Division, EPA Region III.
[FR Doc. 98-34548 Filed 12-29-98; 8:45 am]
BILLING CODE 6560-50-U