95-7356. Clean Water Act Section 303(d): Availability of List Submission and Proposed Decision

[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Notices]
[Pages 15565-15566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7356]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5178-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of lists submitted to 
EPA by California pursuant to Clean Water Act section 303(d)(2) as well 
as EPA's proposed approval decision, 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 is providing this opportunity for the public to 
review California's lists because California did not provide adequate 
opportunities for public participation in the development of the lists, 
as required by Public Participation regulations (40 CFR part 25). EPA 
will consider public comments in reaching its final decision on 
California's lists.
DATES: Comments must be submitted to EPA on or before May 23, 1995.

ADDRESSES: Comments on the proposed decision should be sent to David 
Smith, Watershed Protection Branch (W-3-2), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105, [phone]. Copies of the California lists and report 
explaining the rationale for EPA's proposed decision 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.

[[Page 15566]] FOR FURTHER INFORMATION CONTACT: David Smith at (415) 
744-2012.

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 FR 130.7). The regulations did not specify dates for state 
compliance with the section 303(d) requirements, but reiterated the 
statutory provision calling for submissions from time to time. On July 
24, 1992 EPA published a final rule (57 FR 143) 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.
    Consistent with EPA's revised regulations, California submitted to 
EPA for approval its listing decisions under section 303(d)(2). EPA 
today proposes to fully approve California's list of waters needing 
TMDLs, priority rankings, and list of waters targeted for TMDL 
development during the next two years. EPA solicits public comment on 
California's lists and EPA's proposed approval decision.
    EPA notes that it does not normally solicit public comment on its 
decisions to approve 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 because California provided 
inadequate opportunity for public comment during development of its 
lists. In the future, EPA expects that states will provide adequate 
opportunities for public comment during development of the state lists.

    Dated: March 16, 1995.
Karen Schwinn,
Acting Director, Water Management Division.
[FR Doc. 95-7356 Filed 3-23-95; 8:45 am]
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