[Federal Register: July 17, 2008 (Volume 73, Number 138)]
[Notices]               
[Page 41069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy08-67]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8694-4]

 
Clean Water Act Section 303(d): Availability of List Decisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability.

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SUMMARY: This notice announces the availability of EPA's final action 
identifying water quality limited segments and associated pollutants in 
Texas to be listed pursuant to Clean Water Act (CWA) Section 303(d), 
and request for public comment. Section 303(d) 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 July 9, 2008, EPA partially approved, and partially disapproved, 
Texas' 2008 303(d) submission. Specifically, EPA approved Texas' 
listing of 836 water body-pollutant combinations, and associated 
priority rankings. EPA disapproved Texas' decision not to list one (1) 
water body-pollutant combination. EPA identified this additional water 
body pollutant-combination along with priority ranking for inclusion on 
the 2008 Section 303(d) List.
    EPA is providing the public the opportunity to review its final 
decision to add one water body pollutant-combination to Texas' 2008 
Section 303(d) List, as required by EPA's Public Participation 
regulations (40 CFR Part 25). EPA will consider public comments and if 
necessary amend its final action on the additional water body 
pollutant-combination identified for inclusion on Texas' Final 2008 
Section 303(d) List.

DATES: Comments must be submitted in writing to EPA on or before August 
18, 2008.

ADDRESSES: Comments on the decisions should be sent to Diane Smith, 
Environmental Protection Specialist, Water Quality Protection Division, 
U.S. Environmental Protection Agency Region 6, 1445 Ross Ave., Dallas, 
TX 75202-2733, telephone (214) 665-2145, facsimile (214) 665-7373, or 
e-mail: smith.diane@epa.gov. Oral comments will not be considered. 
Copies of the documents which explain the rationale for EPA's decision 
and a list of the water quality limited segment for which EPA 
disapproved Texas' decision not to list can be obtained at EPA Region 
6's Web site at http://www.epa.gov/region6/water/npdes/tmdl/index.htm, 
or by writing or calling Ms. Smith 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. Smith to schedule an inspection.

FOR FURTHER INFORMATION CONTACT: Diane Smith at (214) 665-2145.

SUPPLEMENTARY INFORMATION: Section 303(d) of the 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.
    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 list 
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).
    Consistent with EPA's regulations, Texas submitted to EPA its 
listing decisions under Section 303(d) on April 1, 2008. On July 9, 
2008, EPA approved Texas' listing of 836 water body-pollutant 
combinations and associated priority rankings. EPA disapproved Texas' 
decision not to list one (1) water body-pollutant combination. EPA 
identified this additional water body pollutant-combination along with 
priority ranking for inclusion on the 2008 Section 303(d) List. EPA 
solicits public comment on its identification of one (1) additional 
water body-pollutant combination for inclusion on Texas' 2008 Section 
303(d) List.

    Dated: July 10, 2008.
Miguel I. Flores,
Director, Water Quality Protection Division, Region 6.
[FR Doc. E8-16387 Filed 7-16-08; 8:45 am]

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