[Federal Register: July 8, 2005 (Volume 70, Number 130)]
[Notices]               
[Page 39509]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy05-46]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7926-5]

 
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 action announces the availability of EPA decisions 
identifying water quality limited segments and associated pollutants in 
New Hampshire 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 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 has partially approved and partially disapproved New 
Hampshire's 2004 submittal. Specifically, EPA approved New Hampshire's 
listing of 637 waterbody segments (5189 including mercury impairments), 
associated pollutants and priority rankings. EPA disapproved New 
Hampshire's decision not to list five water quality limited segments 
and associated pollutants. EPA identified these additional waterbody 
segments, pollutants, and priority rankings for inclusion on the 2004 
section 303(d) list.
    EPA is providing the public the opportunity to review its decision 
to add waters and pollutants to New Hampshire's 2004 Section 303(d) 
list, as required by EPA's Public Participation regulations. EPA will 
consider public comments in reaching its final decision on the 
additional water bodies and pollutants identified for inclusion on New 
Hampshire's final list.

DATES: Comments must be submitted to EPA on or before August 8, 2005.

ADDRESSES: Comments on the proposed decisions should be sent to Al 
Basile, U.S. Environmental Protection Agency, EPA New England Regional 
Office, One Congress Street, Suite 1100 (CWQ), Boston, MA 02114-2023, 
telephone (617) 918-1599, e-mail basile.alfred@epa.gov. Oral comments 
will not be considered. Copies of the proposed decisions concerning New 
Hampshire which explain the rationale for EPA's decision can be 
obtained from the EPA Web site at http://www.epa.gov/region1/eco/tmdl/index.html
 or by writing or calling Mr. Basile at the above address. 

Underlying documentation comprising the record for these decisions are 
available for public inspection at the above address.

FOR FURTHER INFORMATION CONTACT: Al Basile at (617) 918-1599 or 
basile.alfred@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 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, New Hampshire submitted to EPA 
its listing decisions under section 303(d)(2) on April 1, 2004. EPA 
approved New Hampshire's listing of 637 waterbody segments (5189 
including mercury impairments) and associated priority rankings. EPA 
disapproved New Hampshire's decision not to list five water quality 
limited segments and associated pollutants. EPA identified these 
additional waters and pollutants along with priority rankings for 
inclusion on the 2004 section 303(d) list. EPA solicits public comment 
on its identification of five additional waters and associated 
pollutants for inclusion on New Hampshire's 2004 Section 303(d) list.

    Dated: June 14, 2005.
Linda M. Murphy,
Director, Office of Ecosystem Protection, New England Regional Office.
[FR Doc. 05-13496 Filed 7-7-05; 8:45 am]

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