CWA 303(d): EPA's Intent To Approve and Availability of State List Submissions

ENVIRONMENTAL PROTECTION AGENCY

[FRL-4824-2]

CWA 303(d): EPA's Intent To Approve and Availability of State

List Submissions

AGENCY: Environmental Protection Agency, Region II.

ACTION: Notice.

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SUMMARY: This notice announces the U.S. Environmental Protection

Agency's (EPA) intent to approve the lists submitted to the U.S. EPA

pursuant to Clean Water Act (CWA) section 303(d) by the State of New

York, the State of New Jersey, and the Commonwealth of Puerto Rico on

September 4, 1992, May 20, 1993, and November 18, 1993, respectively.

Please be advised that the U.S. Virgin Islands is not required to

submit a 303(d) list because there are no water quality-limited

segments in the U.S. Virgin Islands requiring Total Maximum Daily Loads

(TMDL). EPA issued its intent to approve the New York State September

4, 1992 list submittal on May 18, 1993. With regard to the New Jersey

May 20, 1993 and the Puerto Rico November 18, 1993 list submittals,

although EPA has not yet sent out approval letters, EPA does intend to

approve both of these list submittals as well.

In the case of the Puerto Rico section 303(d) list, it should be

noted that several modifications, which will affect the Commonwealth's

section 303(d) list, have been agreed upon by the Puerto Rico

Environmental Quality Board (PREQB) and EPA subsequent to the November

18, 1993 submittal. These proposed modifications reflect recent

negotiations between PREQB and EPA regarding 1994 permitting priorities

in Puerto Rico. The current Puerto Rico section 303(d) list does not

reflect these specific modifications. Since the section 303(d) process

is ongoing, another comprehensive review/revision of all State section

303(d) lists is scheduled to take place in April, 1994. At that time

the Puerto Rico section 303(d) list will be updated to include all

agreed upon modifications.

EPA is soliciting public comment on its intent to approve these

303(d) lists, which, together with EPA's tentative approval documents,

are available to the public.

DATES: Comments on EPA's intent to approve these lists and the list

submittals, must be submitted to EPA on or before February 10, 1994.

ADDRESSES: Copies of the lists submitted pursuant to 303(d) and EPA's

tentative approval documents can be obtained by writing to Mr. Wayne

Jackson, Surface Water Quality Branch, U.S. Environ-mental Protection

Agency Region II, Jacob K. Javits Federal Building, 26 Federal Plaza,

New York, New York 10278 or calling (212) 264-5685. Comments on these

items should be sent to Mr. Wayne Jackson at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne Jackson, telephone (212)

264-5685.

SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act (CWA),

as amended by the Water Quality Act of 1987, requires every State to:

Identify those waters within its boundaries for which the effluent

limitations required by section 301(b)(1)(A) and section 301(b)(1)(B)

of the CWA are not stringent enough to meet any water quality standard

applicable to such waters. Each State is required to identify the

pollutants causing the impairment of the listed waters. Section 303(d)

further requires the State to establish a priority ranking for such

waters, taking into account the severity of the pollution and the

designated uses of these waters. Finally, the State is required to

identify waters targeted for TMDL development over the next two (2)

years. TMDLs establish the allowable pollutant loadings necessary for a

waterbody to meet applicable State water quality standards. State

303(d) lists and TMDLs are submitted to EPA for approval or

disapproval. The deadline for submitting the above lists to the United

States Environmental Protection Agency (EPA) was October 22, 1992 (See

57 FR 33047 (July 24, 1992)).

Consistent with 40 CFR 130.7, New York, New Jersey and Puerto Rico

submitted to EPA, for approval, their listing decisions under section

303(d) on September 4, 1992, May 20, 1993, and November 18, 1993,

respectively. EPA today notices its intent to approve these lists and

solicits public comment on both the intent to approve and on the lists.

EPA is soliciting comments on the New York, New Jersey, and Puerto Rico

1992 CWA section 303(d) lists and approvals. All future biennial

submissions of the 303(d) lists will provide for public comment at the

State level.

The lists and approvals are available by mail or for public

inspection at the EPA Region 2 office by appointment. To request a copy

of a list and/or approval, to make arrangements to examine the lists,

or to submit comments, contact the Agency representative identified

above. Comments must be submitted within thirty (30) days of the

publication of this notice.

Following the close of the comment period, EPA will make a final

determination on the State lists and will issue a response to comments

received. A copy of EPA's decision and response to comments document

will be sent to all parties submitting comments in response to this

notice.

Dated: December 27, 1993.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 94-620 Filed 1-10-94; 8:45 am]

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