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)

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, 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.

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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]
 BILLING CODE 6560-50-P