[Federal Register Volume 77, Number 92 (Friday, May 11, 2012)]
[Notices]
[Pages 27770-27771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11428]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9670-5]
Clean Water Act Section 303(d): Availability of List Decisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice and Request for Comments.
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SUMMARY: This notice announces EPA's decision identifying certain water
quality limited waterbodies, and the associated pollutant, in Utah to
be listed pursuant to the 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.
On April 11, 2012, EPA disapproved Utah's decision to not include
Kanab Creek and tributaries, from the state line to irrigation
diversion at confluence with Reservoir Canyon (``Kanab Creek and
tributaries''), on the State's 2008 and 2010 Section 303(d) lists. EPA
evaluated existing and readily available data and information and
concluded that the applicable water quality criterion for total
dissolved solids (TDS) for these waters is being exceeded. Based on
this evaluation, EPA has determined that Kanab Creek and tributaries
are not fully attaining the water quality standards established by the
State of Utah and should be included on the State's lists of impaired
waters.
EPA is providing the public the opportunity to review its decision
to add these waters to Utah's 2008 and 2010 Section 303(d) lists, as
required by 40 CFR 130.7(d)(2). EPA will consider public comments
before transmitting its final listing decision to the State.
DATES: Comments must be submitted to EPA on or before June 11, 2012.
ADDRESSES: Comments on the proposed decision should be sent to Kris
Jensen, Water Quality Unit (8EPR-EP), U.S. Environmental Protection
Agency Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129, telephone
(303) 312-6237, facsimile (303) 312-7517, email jensen.kris@epa.gov.
Oral comments will not be considered. Copies of EPA's letter concerning
Utah's list that explains the rationale for EPA's decision can be
obtained at EPA Region 8's Web site at http://www.epa.gov/region08/water/tmdl, or by writing or calling Ms. Jensen at the above address.
Underlying documents from the administrative record for these decisions
are available for public inspection at the above address. Please
contact Ms. Jensen to schedule an inspection.
FOR FURTHER INFORMATION CONTACT: Kris Jensen at (303) 312-6237 or
jensen.kris@epa.gov.
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
[[Page 27771]]
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,
identify the pollutants causing the impairment, and must identify the
waters targeted for TMDL development during the next two years (40 CFR
130.7).
Consistent with EPA's regulations, Utah submitted to EPA its
listing decisions under Section 303(d)(2) in correspondence dated March
31, 2011 and April 21, 2011. On February 10, 2012, EPA partially
approved with further review pending for Kanab Creek and tributaries,
Utah's 2008 and 2010 listings of waters and associated priority
rankings. On April 11, 2012, EPA disapproved Utah's decision to not
include Kanab Creek and tributaries, from state line to irrigation
diversion at confluence with Reservoir Canyon on the 2008 and 2010
lists. EPA solicits public comment on the addition of these waters to
the State's list, as required by 40 CFR 130.7(d)(2).
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Dated: April 26, 2012.
Martin Hestmark,
Acting Assistant Regional Administrator, Office of Ecosystems
Protection and Remediation.
[FR Doc. 2012-11428 Filed 5-10-12; 8:45 am]
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