12848 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 

Dated: February 18, 2009. 

Kevin Y. Teichman, 

Acting EPA Science Advisor. 

[FR Doc. E9–6683 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8781–3] 

Clean Water Act Section 303(d): 

Availability of List Decisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Availability and 

Request for Public Comment. 

SUMMARY: This action announces the 

availability of EPA’s proposed decision 

identifying water quality limited 

segments and associated pollutants in 

Idaho 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 technologybased 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 the public the 

opportunity to review its proposed 

decision to add the following 2 waters, 

and their associated pollutants to 

Idaho’s 2008 section 303(d) list: the 

Boise River from Indian Creek to the 

mouth for nutrients 

(AU:ID17050114SW001_06) and Hem 

Creek for temperature 

(AU:ID17060307CL007_02b). EPA will 

consider and respond to public 

comments in reaching its final decision 

on the addition of the 2 referenced 

water bodies and pollutants identified 

for inclusion on Idaho’s 2008 303(d) list. 

DATES: Comments must be submitted to 

EPA within 30 days of the publication 

of this notice. 

ADDRESSES: Comments on the proposed 

decision to add the two waters should 

be sent to Jill Gable, 303(d) Listing 

Assistant, Office of Water and 

Watersheds; USEPA Region 10; 1200 6th 

Ave., Suite 900, OWW–134; Seattle, WA 

98101; telephone (206) 553–2582, 

facsimile (206) 553–0165, e-mail 

gable.jill@epa.gov. Oral comments will 

not be considered. Copies of the 

proposed decision concerning Idaho’s 

303(d) list which explain the rationale 

for EPA’s proposed decision can be 

obtained at EPA Region 10’s Web site at: 

http://yosemite.epa.gov/r10/water.nsf/ 

tmdls/ID303disapproval, or by writing 

or calling Ms. Gable at the above 

address. Underlying documentation for 

the proposed decision to add these 

waters is available for public inspection 

at the above address and also available 

at EPA Region 10—Boise Operations 

Office, 1435 N Orchard St., Boise, ID 

83706. 

FOR FURTHER INFORMATION CONTACT: Jill 

Gable at (206) 553–2582 or 

gable.jill@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

303(d) of the Clean Water Act (CWA) 

requires that each state identify those 

waters for which existing technologybased 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, 

Idaho submitted to EPA its listing 

decisions under Section 303(d)(2) in 

July 2008. On February 4, 2009, EPA 

partially approved and partially 

disapproved Idaho’s 2008 303(d) list of 

impaired waters and associated 

pollutants. EPA partially approved 

Idaho’s listing of 929 waterbodies still 

requiring TMDLS but disapproved 

Idaho’s decision to not list two water 

quality limited segments and associated 

pollutants: The Boise River from Indian 

Creek to the mouth for nutrients 

(AU:ID17050114SW001_06) and Hem 

Creek for temperature 

(AU:ID17060307CL007_02b). EPA 

identified these additional waterbodies 

and pollutants for inclusion on the 

State’s 2008 section 303(d) list. EPA 

solicits public comment on its 

identification of these additional waters 

and associated pollutants for inclusion 

on Idaho’s 2008 Section 303(d) list. 

Dated: March 5, 2009. 

Michael A. Bussell, 

Director, Water Division, EPA Region X. 

[FR Doc. E9–6605 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R01–OW–2008–0919; FRL–8781–9] 

Maine Marine Sanitation Device 

Standard—Notice of Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Determination. 

SUMMARY: The Regional Administrator 

of the Environmental Protection 

Agency—New England Region, has 

determined that adequate facilities for 

the safe and sanitary removal and 

treatment of sewage from all vessels are 

reasonably available for the waters of 

Boothbay Harbor. 

ADDRESSES: Docket: All documents in 

the docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically in 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ann 

Rodney, U.S. Environmental Protection 

Agency—New England Region, One 

Congress Street, Suite 1100, COP, 

Boston, MA 02114–2023. Telephone: 

(617) 918–0538. Fax number: (617) 918– 

1505. E-mail address: 

rodney.ann@epa.gov. 

SUPPLEMENTARY INFORMATION: 

On January 5, 2009, EPA published a 

notice that the state of Maine had 

petitioned the Regional Administrator, 

Environmental Protection Agency, to 

determine that adequate facilities for the 

safe and sanitary removal and treatment 

of sewage from all vessels are 

reasonably available for the waters of 

Boothbay Harbor. One comment was 

received on this petition. The response 

to comments can be obtained utilizing 

the above contact information. 

The petition was filed pursuant to 

Section 312(f)(3) of Public Law 92–500, 

as amended by Public Laws 95–217 and 

100–4, for the purpose of declaring 

these waters a No Discharge Area 

(NDA). 

Section 312 (f) (3) states: After the 

effective date of the initial standards 

and regulations promulgated under this 


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