[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Rules and Regulations]
[Page 52928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21233]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 130
[EPA-R07-OW-2008-0613; FRL-8713-5]
Public Notice on the Internet of Region 7 Disapprovals of Clean
Water Act Impaired Waters Lists
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of change in procedures.
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SUMMARY: EPA Region 7 is announcing a change to its procedures for
issuing a public notice seeking comment on the Region's disapproval of
a submittal by a state of an impaired waters list under Clean Water Act
Section 303(d). We intend to provide this public notice on the Internet
at http://www.epa.gov/region7 rather than by publication in newspapers
of general circulation throughout the state.
DATES: This change in procedures will be effective on September 12,
2008.
FOR FURTHER INFORMATION CONTACT: Jeannette Schafer at (913) 551-7297 or
by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: This notice announces a change to the manner
in which EPA Region 7 issues a public notice seeking comment under 40
CFR 130.7(d)(2) on the Region's disapproval of a submittal by a state
of a Clean Water Act (``CWA'') Section 303(d) List.
Under Section 303(d)(1)(A) of the CWA, each state is required to
identify and prioritize those waters within its boundaries for which
technology-based effluent limitations and other required controls are
not stringent enough to achieve the applicable water quality standards.
See CWA 303(d)(1); 40 CFR 130.7(b)(1). After a state develops its CWA
Section 303(d) List, the state must then submit the list to EPA for
review and approval. See 40 CFR 130.7(d)(1). Within 30 days of a
state's submission, EPA must approve or disapprove the state's list. If
EPA disapproves the state's CWA Section 303(d) List, it must identify
the impaired waters that should be listed within 30 days from the date
of disapproval. EPA regulations provide that the Regional Administrator
must promptly issue a public notice seeking comment on EPA's listing
decision. After considering public comment and making appropriate
revisions, the Region transmits the list to the state. See 40 CFR
130.7(d)(2).
The CWA and applicable regulations do not specify the type of
public notice to be issued for EPA listing actions. In the past, EPA
Region 7 has issued public notices through publication in newspapers of
general circulation.
In light of the continuing improvements in public access to the
Internet and EPA' s ability to disseminate materials on the Internet,
EPA Region 7 intends to notify the public of listing actions under 40
CFR 130.7(d)(2) by placing notices on the Internet rather than using
publication in newspapers of general circulation. The Internet provides
a more effective and efficient means to provide notice. Using the
Internet makes the notice available to the public during the entirety
of the comment period, rather than only on the day the notice is
published in the local newspaper. The Region believes the Internet
notice is likely to reach a larger audience, since the Internet is
generally available through schools, work, and libraries. Internet
notice also enables the Region to reach beyond the finite distribution
areas of local newspapers to make interested persons aware of the
Region's listing decision. We plan to place the notices on the EPA
Region 7 Web site at http://www.epa.gov/region7. The Region also plans
to issue news releases notifying media outlets about our listing
decisions, as well as notifications to elected officials and interested
parties. The letter transmitting the final list to the state will be
accessible from http://www.epa.gov/region7.
To the extent that this announcement may be considered a rule, EPA
considers it to be a procedural rule which is exempt from notice and
comment rulemaking requirements under 5 U.S.C. 553(b)(3)(A).
Authority: 33 U.S.C. 1313(d); 40 CFR 130.7.
Dated: August 28, 2008.
William A. Spratlin,
Director, Water, Wetlands and Pesticides Division, Region 7.
[FR Doc. E8-21233 Filed 9-11-08; 8:45 am]
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