Clean Water Act (CWA) 304(l): Availability of List Submissions and Proposed Approval Decisions

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5105-8]

Clean Water Act (CWA) 304(l): Availability of List Submissions

and Proposed Approval Decisions

AGENCY: U.S. Environmental Protection Agency (USEPA).

ACTION: Notice of Availability.

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SUMMARY: This notice announces the availability of a list submitted to

USEPA pursuant to Section 304(l)(1)(C) of the (CWA), 33 U.S.C.

1314(l)(1)(C) as well as USEPA's proposed approval decision, and

request for public comment.

DATES: Comments must be submitted to USEPA on or before December 15,

1994.

ADDRESSES: Copies of these items can be obtained by writing or calling:

Mr. Howard Pham, USEPA-Region 5, 304(l) Coordinator, U.S. Environmental

Protection Agency-Region 5, Water Division (Mail Code WQP-16J), 77 West

Jackson Blvd., Chicago, Illinois 60604-3507, Telephone: (312) 353-2310.

Comments on these items should be sent to Howard Pham, USEPA-Region

5 at the address given above.

FOR FURTHER INFORMATION CONTACT: Howard Pham at the address and

telephone number given above.

SUPPLEMENTARY INFORMATION: Section 304(l) of the CWA, 33 U.S.C.

1314(l), required each state, within 2 years after February 4, 1987, to

submit to the USEPA, three lists of waters, including a list of those

waters that the State does not expect to achieve applicable water

quality standards, after application of technology-based controls, due

to discharges of toxic pollutants from point sources (the ``B List'' or

``Short List''). 33 U.S.C. 1314(l)(1)(B). The second, or ``Mini'' list

consists of waters that are not meeting the new water quality standards

developed under Section 303(c)(2)(B) for toxic pollutants because of

pollution from point and nonpoint sources. 33 U.S.C. 1314(l)(1)(A)(i).

The third, or ``Long'' list includes all waters on the other two lists,

plus any waters which, after the implementation of technology-based

controls, are not expected to meet the water quality goals of the Act.

33 U.S.C. 1314(l)(1)(A)(ii).

For each water segment identified in these lists, the State was

required, by February 4, 1989, to submit a ``C List'' specifying point

sources discharging toxic pollutants believed to be preventing or

impairing such water quality. 33 U.S.C. 1314(l)(1)(C).

For each point source identified on the State's C list as

discharging toxic pollutants into a water segment on the State's B

list, the State was further required to submit to USEPA an individual

control strategy (ICS) that the State determined would serve to reduce

point source discharges of toxic pollutants to the receiving water to a

degree sufficient to attain water quality standards in that water

within 3 years after the date of the establishment of the ICS. 33

U.S.C. 1314(l)(1)(D).

USEPA initially interpreted the statute to require States to

identify on the C list only those facilities that discharge toxic

pollutants believed to be impairing waters listed on the B list. In

Natural Resources Defense Council (NRDC) v. U.S. EPA, 915 F.2d 1314

(9th Cir. 1990), the Ninth Circuit Court of Appeals remanded that

portion of the regulation and directed USEPA to amend the regulations

to require the States to identify all point sources discharging any

toxic pollutant that is believed to be preventing or impairing water

quality of any stream segment listed on any of the three lists of

waters, and to indicate the amount of the toxic pollutant discharges by

each source. See NRDC v. U.S. EPA, 915 F.2d 1314, 1323-24 (9th Cir.

1990). USEPA amended 40 CFR 130.10(d)(3) accordingly. See 57 FR 33040

(July 24, 1992).

Consistent with USEPA's amended regulation, the State of Illinois

submitted to U.S. PA for approval on January 21, 1993, a revised

facility list as required under Section 304(l)(1)(C). USEPA's review of

Illinois' 304(l) facility list and its procedures used to develop the

list, found the procedures to be inconsistent with the requirements of

the amended regulations. Based on the above findings, the State of

Illinois revised their procedures which were reviewed and accepted by

USEPA, Region 5. Using the new procedures the State of Illinois, on

August 3, 1994, submitted a new revised facility list to USEPA for

approval. Illinois' revised list contains one facility, Crest Hill,

located on the Des Plaines River. The pollutant of concern at the Crest

Hill facility is silver.

USEPA notes that Crest Hill's existing National Pollutant Discharge

Elimination System permit is an acceptable ICS. The existing permit

fully considers the water quality-based effluent limits.

USEPA today proposes to approve the revised 304(l) facility list

for Illinois. USEPA solicits public comment on the approval decision.

Dated: October 19, 1994.

David A. Ullrich,

Acting Regional Administrator.

U.S. EPA Region 5 Section 304(l) Additional Listings

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State Waterbody name NPDES No. Discharger name Pollutants of concern

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IL...... Des Plaines River........... IL0064998.... Crest Hill.................. Silver

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[FR Doc. 94-28147 Filed 11-14-94; 8:45 am]

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