[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Pages 36059-36060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17321]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5532-9]


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 lists submitted to 
EPA by California and Hawaii pursuant to Clean Water Act Section 
303(d)(2) as well as EPA's proposed decisions regarding these 
submissions, 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.
    On June 14, 1996, EPA partially approved California's submittal.

[[Page 36060]]

Specifically, EPA approved California's listing of waters except for 
waters listed in the Santa Ana Region of California. Today, EPA is 
proposing to:
    (1) approve California's 303(d) submission of waters in the Santa 
Ana Region,
    (2) disapprove California's decisions not to list Ten Mile River 
for sediment and Navarro River, which is already listed for sediment, 
for temperature,
    (3) add the Ten Mile River for sediment and the Navarro River for 
temperature to California's 1996 303(d) list, and
    (4) approve Hawaii's 303(d) submission.
    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 California and Hawaii's final lists.

DATES: Comments must be submitted to EPA on or before August 8, 1996.

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 (415) 744-2012, facsimile (415) 744-1078. Copies of the 
proposed decisions concerning California and Hawaii 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 (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 CFR 130.7]. The regulations 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 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 [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). EPA 
today proposes to:
    (1) decline to make a final decision to approve the listings and 
priority rankings for the Santa Ana RWQCB (Region 8) because that 
Regional Board provided insufficient opportunity for public 
participation, and instead propose to approve the listings and priority 
rankings, with EPA's final decision to approve or disapprove to be 
issued after consideration of public comment, (2) propose disapproval 
of the State's decision not to list Ten Mile River for sediment and 
Navarro River for temperature, and (3) propose a final decision to add 
Ten Mile River for sediment and Navarro River for temperature to the 
State's 1996 list and establish appropriate priority rankings.
    EPA solicits public comment on California's list of waters in the 
Santa Ana Region and EPA's proposed decision to approve these listings, 
EPA's proposed decision to disapprove California's decisions concerning 
Ten Mile River and Navarro River, and EPA's proposed decision to add 
the Ten Mile River for sediment and the Navarro River for temperature 
to California's final 1996 Section 303(d) list.
    Hawaii also submitted to EPA for its approval its listing decisions 
under Section 303(d)(2). EPA today proposes to fully approve Hawaii'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 Hawaii'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 25, EPA is providing this 
opportunity for public review and comment on its proposed approval 
decisions because California provided inadequate opportunity for public 
comment during development of its lists for the Santa Ana Region, and 
Hawaii provided no opportunity for public comment during the 
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: June 14, 1996.
John Ong,
Acting Director, Water Management Division.
[FR Doc. 96-17321 Filed 7-8-96; 8:45 am]
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