81_FR_22336 81 FR 22263 - Change in Public Notice Procedures for EPA Region 5's Proposed Establishment of TMDLs and Proposed Impaired Waters Listings Under Section 303(d) of the Clean Water Act

81 FR 22263 - Change in Public Notice Procedures for EPA Region 5's Proposed Establishment of TMDLs and Proposed Impaired Waters Listings Under Section 303(d) of the Clean Water Act

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 73 (April 15, 2016)

Page Range22263-22264
FR Document2016-08828

The Environmental Protection Agency (EPA) Region 5 is announcing a change to its procedures for issuing public notices seeking comment when the Region proposes to list impaired waters after disapproving or partially disapproving a state's list of impaired waters (303(d) list) under Clean Water Act (CWA) Section 303(d), or the Region proposes to establish a total maximum daily load (TMDL) under CWA Section 303(d). For any future proposed action to include waters on a state's 303(d) list or establish a TMDL, EPA Region 5 will provide public notice on the 303(d)/TMDL Program Web page (http://www.epa.gov/ tmdl/impaired-waters-and-tmdls-region-5) rather than by publication in the Federal Register.

Federal Register, Volume 81 Issue 73 (Friday, April 15, 2016)
[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Notices]
[Pages 22263-22264]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08828]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-OW-2016; FRL-9945-18-Region 5]


Change in Public Notice Procedures for EPA Region 5's Proposed 
Establishment of TMDLs and Proposed Impaired Waters Listings Under 
Section 303(d) of the Clean Water Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of change in public notice procedures.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 5 is 
announcing a change to its procedures for issuing public notices 
seeking comment when the Region proposes to list impaired waters after 
disapproving or partially disapproving a state's list of impaired 
waters (303(d) list) under Clean Water Act (CWA) Section 303(d), or the 
Region proposes to establish a total maximum daily load (TMDL) under 
CWA Section 303(d). For any future proposed action to include waters on 
a state's 303(d) list or establish a TMDL, EPA Region 5 will provide 
public notice on the 303(d)/TMDL Program Web page (http://www.epa.gov/tmdl/impaired-waters-and-tmdls-region-5) rather than by publication in 
the Federal Register.

DATES: This change in procedures will be effective on April 15, 2016.

FOR FURTHER INFORMATION CONTACT: Vilma Rivera-Carrero at (312) 886-7795 
or by email at [email protected]; or Donna Keclik at (312) 
886-6766 or by email at [email protected].

SUPPLEMENTARY INFORMATION: This notice announces a change in procedures 
by which EPA Region 5 issues public notices seeking comment under 40 
CFR 130.7(d)(2) for its proposed listing of impaired waters where the 
Region disapproves a state's 303(d) list, or proposes to establish 
TMDLs.
    Under Section 303(d)(1)(A) of the CWA, each state is required to 
identify and prioritize the 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 also 40 CFR 130.7(b)(1). Each state must submit biennially a 303(d) 
list to the EPA Regional Administrator 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 
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 is required to 
transmit the list to the state. See 40 CFR 130.7(d)(2).
    Under Section 303(d)(1)(C) of the CWA, each state is required to 
establish TMDLs for 303(d) listed waters. See also 40 CFR 130.7(c)(1). 
After a state develops a TMDL, the state must submit the TMDL 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 TMDL. If 
EPA disapproves the state's TMDL, it must establish the TMDL within 30 
days from the date of disapproval. EPA may also establish TMDLs in 
certain circumstances where the State has not previously submitted a 
TMDL for review. EPA regulations provide that the Regional 
Administrator must promptly issue a public notice seeking comment on 
EPA's TMDL. After considering public comment and making appropriate 
revisions, the Region is required to transmit the TMDL to the state. 
See 40 CFR 130.7(d)(2).
    In the past, EPA Region 5 has issued public notices through 
publication in the Federal Register. In light of EPA's quest for 
improvements in efficiency, EPA Region 5 intends to notify the public 
of listing and TMDL actions under 40 CFR 130.7(d)(2) by placing notices 
directly on the Regional Internet Page rather than by publication in 
the Federal Register. The Region believes that placing the notices on 
the 303(d)/TMDL Program Web page (http://www.epa.gov/tmdl/impaired-
waters-

[[Page 22264]]

and-tmdls-region-5) provides a more effective, and efficient of 
providing notice. The Region also plans to issue notifications to the 
affected states so that these states can include links to the notices 
on their state Web sites. The letters and accompanying documents 
transmitting final lists and/or federal TMDLs to the state will also be 
accessible from the 303(d)/TMDL Program Web page.
    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: March 25, 2016.
Tinka G. Hyde,
Director, Water Division, EPA Region 5.
[FR Doc. 2016-08828 Filed 4-14-16; 8:45 am]
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                                                                                     Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices                                          22263

                                                    programs and projects that complement                   EIS No. 20160077, Draft, BLM, UT,                     procedures by which EPA Region 5
                                                    existing environmental program grants,                    Enefit Utility Corridor Project,                    issues public notices seeking comment
                                                    including interagency agreements. The                     Comment Period Ends: 06/07/2016,                    under 40 CFR 130.7(d)(2) for its
                                                    conference report’s language clarifies                    Contact: Stephanie Howard 435–781–                  proposed listing of impaired waters
                                                    that these funds will allow states and                    4469.                                               where the Region disapproves a state’s
                                                    tribes to have the necessary flexibility to             EIS No. 20160078, Draft, USFWS, MN,                   303(d) list, or proposes to establish
                                                    direct resources for the implementation                   Midwest Wind Energy Multi-Species                   TMDLs.
                                                    of high priority activities, including the                Habitat Conservation Plan, Comment                     Under Section 303(d)(1)(A) of the
                                                    processing of permits, which                              Period Ends: 07/14/2016, Contact:                   CWA, each state is required to identify
                                                    complement programs under                                 Rick Amidon 612–713–5164.                           and prioritize the waters within its
                                                    established environmental statutes.                     EIS No. 20160079, Final, BLM, OR,                     boundaries for which technology-based
                                                       The multi-purpose categorical grant                    Western Oregon Resource                             effluent limitations and other required
                                                    program is funded under EPA’s STAG                        Management Plan, Review Period                      controls are not stringent enough to
                                                    appropriations account and, therefore, is                 Ends: 05/16/2016, Contact: Mark                     achieve the applicable water quality
                                                    eligible for inclusion in PPGs. This                      Brown 503–808–6233.                                 standards. See also 40 CFR 130.7(b)(1).
                                                    notice is made pursuant to 40 CFR                         Dated: April 12, 2016.                              Each state must submit biennially a
                                                    35.133(b), to inform entities eligible to                                                                     303(d) list to the EPA Regional
                                                                                                            Dawn Roberts,
                                                    receive PPGs that the program listed                                                                          Administrator for review and approval.
                                                                                                            Management Analyst, NEPA Compliance
                                                    above may be included in a PPG subject                                                                        See 40 CFR 130.7(d)(1). Within 30 days
                                                                                                            Division, Office of Federal Activities.
                                                    to any limitations herein defined.                                                                            of a state’s submission, EPA must
                                                                                                            [FR Doc. 2016–08786 Filed 4–14–16; 8:45 am]
                                                    Hereafter, multi-purpose grants are                                                                           approve or disapprove the state’s list. If
                                                                                                            BILLING CODE 6560–50–P
                                                    eligible for inclusion in PPGs and may                                                                        EPA disapproves the state’s 303(d) list,
                                                    be included in a PPG at the request of                                                                        it must identify the impaired waters that
                                                    the appropriate official of an eligible                                                                       should be listed within 30 days from the
                                                                                                            ENVIRONMENTAL PROTECTION
                                                    entity, subject to EPA’s regulations at 2                                                                     date of disapproval. EPA regulations
                                                                                                            AGENCY
                                                    CFR part 200 and 2 CFR part 1500 and                                                                          provide that the Regional Administrator
                                                    40 CFR 35.001–35.138 and 35.500–                        [EPA–R05–OW–2016; FRL–9945–18–Region                  must promptly issue a public notice
                                                    35.538. The authority to issue this                     5]                                                    seeking comment on EPA’s listing
                                                    Federal Register notice has been                                                                              decision. After considering public
                                                                                                            Change in Public Notice Procedures                    comment and making appropriate
                                                    delegated to the Deputy Associate                       for EPA Region 5’s Proposed
                                                    Administrator for Intergovernmental                                                                           revisions, the Region is required to
                                                                                                            Establishment of TMDLs and Proposed                   transmit the list to the state. See 40 CFR
                                                    Relations.                                              Impaired Waters Listings Under                        130.7(d)(2).
                                                      Dated: April 11, 2016.                                Section 303(d) of the Clean Water Act                    Under Section 303(d)(1)(C) of the
                                                    Mark W. Rupp,                                                                                                 CWA, each state is required to establish
                                                                                                            AGENCY:  Environmental Protection
                                                    Deputy Associate Administrator for
                                                                                                            Agency (EPA).                                         TMDLs for 303(d) listed waters. See also
                                                    Intergovernmental Relations.                                                                                  40 CFR 130.7(c)(1). After a state
                                                                                                            ACTION: Notice of change in public
                                                    [FR Doc. 2016–08798 Filed 4–14–16; 8:45 am]                                                                   develops a TMDL, the state must submit
                                                                                                            notice procedures.
                                                    BILLING CODE 6560–50–P                                                                                        the TMDL to EPA for review and
                                                                                                            SUMMARY:   The Environmental Protection               approval. See 40 CFR 130.7(d)(1).
                                                                                                            Agency (EPA) Region 5 is announcing a                 Within 30 days of a state’s submission,
                                                    ENVIRONMENTAL PROTECTION                                change to its procedures for issuing                  EPA must approve or disapprove the
                                                    AGENCY                                                  public notices seeking comment when                   state’s TMDL. If EPA disapproves the
                                                    [ER–FRL–9026–5]                                         the Region proposes to list impaired                  state’s TMDL, it must establish the
                                                                                                            waters after disapproving or partially                TMDL within 30 days from the date of
                                                    Environmental Impact Statements;                        disapproving a state’s list of impaired               disapproval. EPA may also establish
                                                    Notice of Availability                                  waters (303(d) list) under Clean Water                TMDLs in certain circumstances where
                                                                                                            Act (CWA) Section 303(d), or the Region               the State has not previously submitted
                                                      Responsible Agency: Office of Federal                                                                       a TMDL for review. EPA regulations
                                                                                                            proposes to establish a total maximum
                                                    Activities, General Information (202)                                                                         provide that the Regional Administrator
                                                                                                            daily load (TMDL) under CWA Section
                                                    564–7146 or http://www2.epa.gov/nepa.                                                                         must promptly issue a public notice
                                                                                                            303(d). For any future proposed action
                                                    Weekly receipt of Environmental Impact                  to include waters on a state’s 303(d) list            seeking comment on EPA’s TMDL. After
                                                      Statements (EISs)                                     or establish a TMDL, EPA Region 5 will                considering public comment and
                                                    Filed 04/04/2016 Through 04/08/2016                     provide public notice on the 303(d)/                  making appropriate revisions, the
                                                    Pursuant to 40 CFR 1506.9.                              TMDL Program Web page (http://                        Region is required to transmit the TMDL
                                                    Notice                                                  www.epa.gov/tmdl/impaired-waters-                     to the state. See 40 CFR 130.7(d)(2).
                                                                                                            and-tmdls-region-5) rather than by                       In the past, EPA Region 5 has issued
                                                      Section 309(a) of the Clean Air Act                                                                         public notices through publication in
                                                    requires that EPA make public its                       publication in the Federal Register.
                                                                                                                                                                  the Federal Register. In light of EPA’s
                                                    comments on EISs issued by other                        DATES: This change in procedures will
                                                                                                                                                                  quest for improvements in efficiency,
                                                    Federal agencies. EPA’s comment letters                 be effective on April 15, 2016.                       EPA Region 5 intends to notify the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    on EISs are available at: https://                      FOR FURTHER INFORMATION CONTACT:                      public of listing and TMDL actions
                                                    cdxnodengn.epa.gov/cdx-enepa-public/                    Vilma Rivera-Carrero at (312) 886–7795                under 40 CFR 130.7(d)(2) by placing
                                                    action/eis/search.                                      or by email at rivera-carrero.vilma@                  notices directly on the Regional Internet
                                                    EIS No. 20160076, Final, BLM, WY,                       epa.gov; or Donna Keclik at (312) 886–                Page rather than by publication in the
                                                      Continental Divide Creston Natural                    6766 or by email at keclik.donna@                     Federal Register. The Region believes
                                                      Gas Development Project, Review                       epa.gov.                                              that placing the notices on the 303(d)/
                                                      Period Ends: 05/16/2016, Contact:                     SUPPLEMENTARY INFORMATION: This                       TMDL Program Web page (http://
                                                      Jennifer Fleuret 307–775–6329.                        notice announces a change in                          www.epa.gov/tmdl/impaired-waters-


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                                                    22264                            Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices

                                                    and-tmdls-region-5) provides a more                     FOR FURTHER INFORMATION CONTACT:       For            low-income, multi-cultural, senior
                                                    effective, and efficient of providing                   information regarding this Request for                citizens and other adults.
                                                    notice. The Region also plans to issue                  Nominations, please contact Mr. Javier                   The NEEAC is best served by a
                                                    notifications to the affected states so                 Araujo, Designated Federal Officer,                   structurally and geographically diverse
                                                    that these states can include links to the              araujo.javier@epa.gov, 202–564–2642,                  group of individuals. Each individual
                                                    notices on their state Web sites. The                   U.S. EPA, Office of Environmental                     will demonstrate the ability to make a
                                                    letters and accompanying documents                      Education, William Jefferson Clinton                  time commitment. In addition, the
                                                    transmitting final lists and/or federal                 North Room 1426, 1200 Pennsylvania                    individual will demonstrate both strong
                                                    TMDLs to the state will also be                         Avenue NW., Washington, DC 20460.                     leadership and analytical skills. Also,
                                                    accessible from the 303(d)/TMDL                            General Information concerning                     strong writing skills, communication
                                                    Program Web page.                                       NEEAC can be found on the EPA Web                     skills and the ability to evaluate
                                                       To the extent that this announcement                 site at: http://www2.epa.gov/education/               programs in an unbiased manner are
                                                    may be considered a rule, EPA                           national-environmental-education-                     essential. Team players, which can meet
                                                    considers it to be a procedural rule,                   advisory-council.                                     deadlines and review items on short
                                                    which is exempt from notice and                         SUPPLEMENTARY INFORMATION: The
                                                                                                                                                                  notice are ideal candidates.
                                                    comment rulemaking requirements                                                                                  How to apply: Any interested and
                                                                                                            National Environmental Education Act
                                                    under 5 U.S.C. 553(b)(3)(A).                                                                                  qualified individuals may be considered
                                                                                                            requires that the council be comprised
                                                                                                                                                                  for appointment on the National
                                                      Authority: 33 U.S.C. 1313(d); 40 CFR                  of (11) members appointed by the
                                                                                                                                                                  Environmental Education Advisory
                                                    130.7.                                                  Administrator of the EPA. Members
                                                                                                                                                                  Council. In order to apply, the following
                                                      Dated: March 25, 2016.                                represent a balance of perspectives,
                                                                                                                                                                  four items should be submitted in
                                                    Tinka G. Hyde,
                                                                                                            professional qualifications, and                      electronic format to the Designated
                                                                                                            experience. The Act specifies that                    Federal Officer, Javier Araujo,
                                                    Director, Water Division, EPA Region 5.
                                                                                                            members must represent the following                  araujo.javier@epa.gov and contain the
                                                    [FR Doc. 2016–08828 Filed 4–14–16; 8:45 am]
                                                                                                            sectors: Primary and secondary                        following: (1) Contact information
                                                    BILLING CODE 6560–50–P                                  education (one of whom shall be a                     including name, address, phone and fax
                                                                                                            classroom teacher), two members;                      numbers and an email address; (2) a
                                                                                                            colleges and universities, two members;               curriculum vitae or resume; (3) the
                                                    ENVIRONMENTAL PROTECTION
                                                                                                            business and industry, two members;                   specific area of expertise in
                                                    AGENCY
                                                                                                            non-profit organizations, two members;                environmental education and the sector
                                                    [FRL–9945–16–OA]                                        state departments of education and                    or slot the applicant is applying for; (4)
                                                                                                            natural resources, two members, and                   recent service on other national
                                                    National Environmental Education                        one member to represent senior                        advisory committees or national
                                                    Advisory Council                                        Americans. Members are chosen to                      professional organizations; a one page
                                                                                                            represent various geographic regions of               commentary on the applicant’s
                                                    AGENCY: Environmental Protection                        the country, and the Council strives for
                                                    Agency (EPA).                                                                                                 philosophy regarding the need for,
                                                                                                            a diverse representation. The                         development, implementation and or
                                                    ACTION: Notice.                                         professional backgrounds of Council                   management of environmental
                                                                                                            members should include education,                     education nationally.
                                                    SUMMARY:    The U.S. Environmental                      science, policy, or other appropriate
                                                    Protection Agency (EPA or Agency)                                                                                Persons having questions about the
                                                                                                            disciplines. Each member of the Council               application procedure or who are
                                                    office of Public Engagement and                         shall hold office for a one (1) to three
                                                    Environmental Education is soliciting                                                                         unable to submit applications by
                                                                                                            (3) year period. Members are expected                 electronic means, should contact Javier
                                                    applications for environmental                          to participate in up to two (2) meetings
                                                    education professionals for                                                                                   Araujo (DFO), at the contact information
                                                                                                            per year and monthly or more                          provided above in this notice. Non-
                                                    consideration to serve on the National                  conference calls per year. Members of                 electronic submissions must contain the
                                                    Environmental Education Advisory                        the council shall receive compensation                same information as the electronic. The
                                                    Council (NEEAC). There are up to                        and allowances, including travel                      NEEAC staff Office will acknowledge
                                                    eleven vacancies on the Advisory                        expenses at a rate fixed by the                       receipt of the application. The NEEAC
                                                    Council that must be filled. Additional                 Administrator.                                        staff office will develop a short list of
                                                    avenues and resources may be utilized                      Expertise Sought: The NEEAC staff                  candidates for more detailed
                                                    in the solicitation of applications. In an              office seeks candidates with                          consideration. The short list candidates
                                                    effort to obtain nominations of diverse                 demonstrated experience and or                        will be required to fill out the
                                                    candidates, EPA encourages                              knowledge in any of the following                     Confidential Disclosure Form for
                                                    nominations of women and men of all                     environmental education issue areas: (a)              Special Government Employees serving
                                                    racial and ethnic groups.                               Integrating environmental education                   Federal Advisory Committees at the
                                                    DATES: Applications date is extended                    into state and local education reform                 U.S. Environmental Protection Agency.
                                                    thru April 29, 2016.                                    and improvement; (b) state, local and                 (EPA form 3110–48). This confidential
                                                    ADDRESSES: Submit non-electronic                        tribal level capacity building for                    form allows government officials to
                                                    application materials to Javier Araujo,                 environmental education; (c) cross-                   determine whether there is a statutory
                                                    Designated Federal Officer, National                    sector partnerships to foster                         conflict between that person’s public
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Environmental Education Advisory                        environmental education; (d) leveraging               responsibilities (which include
                                                    Council, U.S. Environmental Protection                  resources for environmental education;                membership on a Federal Advisory
                                                    Agency, Office of Public Engagement                     (e) design and implementation of                      Committee) and private interests and
                                                    and Environmental Education (MC                         environmental education research; (f)                 activities and the appearance of a lack
                                                    1704A), 1200 Pennsylvania Ave. NW.,                     evaluation methodology; professional                  of impartiality as defined by Federal
                                                    Room 1426 (WJCN), Washington, DC                        development for teachers and other                    regulation. The form may be viewed and
                                                    20460, Phone: (202) 564–2642, Fax (202)                 education professionals; and targeting                downloaded from the following URL
                                                    564–2753, email: araujo.javier@epa.gov.                 under-represented audiences, including                address. Please note this form is not an


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Document Created: 2016-04-15 00:55:31
Document Modified: 2016-04-15 00:55:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of change in public notice procedures.
DatesThis change in procedures will be effective on April 15, 2016.
ContactVilma Rivera-Carrero at (312) 886-7795 or by email at [email protected]; or Donna Keclik at (312) 886-6766 or by email at [email protected]
FR Citation81 FR 22263 

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