
[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Notices]
[Page 15368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6022]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9646-9]


Clean Water Act; Availability of List Decisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability and Request for Public Comment.

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SUMMARY: This action announces the availability of the Environmental 
Protection Agency's (EPA) proposed decision identifying water quality 
limited segments and associated pollutants in Oregon to be listed 
pursuant to section 303(d)(2) of the Clean Water Act (CWA). EPA is 
proposing to add 1004 water quality limited segments to Oregon's 2010 
Section 303(d) list. EPA solicits public comment on these proposed 
listings. The proposed listings, together with additional information 
concerning the proposed listings, are available for review on EPA's Web 
site.

DATES: Comments must be received on or before April 16, 2012.

ADDRESSES: Comments: Comments on the proposed listing action must be 
sent electronically or by mail to Jill Gable, 303(d) Listing Program, 
Office of Water and Watersheds; USEPA Region 10; 1200 6th Ave. Suite 
900, OWW-134; Seattle, WA 98101; telephone (206) 553-2582, facsimile 
(206) 553-0165, email gable.jill@epa.gov. Oral comments will not be 
considered.
    Availability for Review: Copies of the proposed decision concerning 
Oregon's 303(d) list which explain the rationale for EPA's proposed 
decision can be obtained at EPA Region 10's Web site at: www.epa.gov/region10/notices/oregon303d.html, or by writing or calling Ms. Gable at 
the above address.

FOR FURTHER INFORMATION CONTACT: Jill Gable at (206) 553-2582 or 
gable.jill@epa.gov.

SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act (CWA) 
(hereinafter referred to as ``Section 303(d)'') requires states to 
identify those waters within their jurisdiction for which effluent 
limitations are not stringent enough to implement applicable water 
quality standards, to establish a priority ranking for such waters, and 
to submit a listing of such waters to EPA (hereinafter referred to as a 
``303(d) list'').
    EPA's Water Quality Planning and Management regulations include 
requirements for implementation of section 303(d), at 40 CFR 130.7. 40 
CFR 130.7(d) requires states to identify water quality limited waters 
still requiring Total Maximum Daily Loads (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. See 40 CFR 130.7(d).
    Section 303(d)(2) also requires that EPA approve or disapprove 
lists submitted by States. If EPA disapproves a list, EPA must identify 
waters in the state that do not meet water quality standards. After EPA 
has identified waters not attaining water quality standards, EPA must 
issue a public notice seeking comments on the list. See 40 CFR 
130.7(d)(2).
    On May 24, 2011, the Oregon Department of Environmental Quality 
(``ODEQ'') submitted Oregon's 2010 Section 303(d) list of water quality 
limited segments (``WQLSs'') (``Oregon's 2010 303(d) list''), to EPA, 
as part of the Integrated Report submitted by the state to meet the 
requirements of sections 303(d), 305(b), and 314 of the CWA. On March 
15, 2012, EPA sent a letter to ODEQ, in which EPA approved ODEQ's 
inclusion of 970 water quality limited segments to Oregon's 303(d) list 
and ODEQ's removal of 927 water quality limited segments from Oregon's 
303(d) list.
    In the March 15, 2012 letter to ODEQ, EPA also disapproved Oregon's 
decisions not to list 1004 water quality limited segments as impaired, 
including 321 water quality limited segments that Oregon identified as 
impaired but failed to list on the Section 303(d) list. EPA has 
identified these additional water quality limited segment for inclusion 
on the State's 2010 Section 303(d) list. These water quality limited 
segments and associated pollutants as proposed by EPA are identified in 
Enclosure 3 of the decision document available at the following Web 
site link: www.epa.gov/region10/notices/oregon303d.html.
    EPA is providing the public the opportunity to review its proposed 
decision to list 1004 water quality limited segments to Oregon's 2010 
Section 303(d) list. EPA will consider and respond to public comments 
in reaching its final decision on the addition of the referenced water 
bodies and pollutants identified for inclusion on Oregon's 2010 303(d) 
list.

    Dated: March 2, 2012.
Michael A. Bussell,
Director, Water Division, EPA Region X.
[FR Doc. 2012-6022 Filed 3-14-12; 8:45 am]
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