Clean Water Act Section 303(d): Availability of List Decisions, 9456-9457 [2015-03578]

Download as PDF 9456 Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices project-level conformity analyses, and decreased EPA adequacy findings. Dated: February 12, 2015. Karl Simon, Director, Transportation and Climate Division, Office of Transportation and Air Quality. [FR Doc. 2015–03577 Filed 2–20–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9923–16–Region 6] Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permits for Luminant Generating Company, LLC Steam Electric Generating Stations Martin Lake, Monticello, and Big Brown in Texas Environmental Protection Agency (EPA). ACTION: Notice of final action. AGENCY: Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated January 23, 2015, denying in part three petitions asking the EPA to object to operating permits issued by the Texas Commission on Environmental Quality (TCEQ) to Luminant Generating Company, LLC (Luminant) relating to three coal fired steam electric generating stations (SES) located in East and Northeast Texas. Title V operating permit number O53 was issued by the TCEQ to Luminant for the Martin Lake SES located in Rusk County, Texas. Title V operating permit number O64 was issued to Luminant for the Monticello SES located in Titus County, Texas, while title V operating permit number O65 was issued to Luminant for the Big Brown SES located in Freestone County, Texas. The EPA’s January 23, 2015 Order responds to the three petitions submitted by the Environmental Integrity Project (EIP) representing themselves and on behalf of Sierra Club (collectively, the Petitioners): the petition addressing the Martin Lake permit was received on February 26, 2014, while the petitions addressing the Monticello permit and Big Brown permit were both received on March 4, 2014. Sections 307(b) and 505(b)(2) of the Act provide that a petitioner may ask for judicial review of those portions of the Orders that deny objections raised in the petitions by the United States Court of Appeals for the appropriate circuit. Any petition for review shall be filed within 60 days from the date this notice appears in the Rmajette on DSK2VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 14:19 Feb 20, 2015 Jkt 235001 Federal Register, pursuant to section 307(b) of the Act. ADDRESSES: You may review copies of the final Orders, the petitions, and other supporting information at EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202– 2733. For Information: Please contact Brad Toups at (214) 665–7258, email address: toups.brad@epa.gov or the above EPA, Region 6 address, to view copies of the final Orders, petitions, and other supporting information. You may view the hard copies Monday through Friday, from 9:00 a.m. to 3:00 p.m., excluding Federal holidays. If you wish to examine these documents, you should make an appointment at least 24 hours before the visiting day. Additionally, the final January 23, 2015 Order is available electronically at: https://www.epa.gov/ region07/air/title5/petitiondb/petitions/ luminant_response2014.pdf. SUPPLEMENTARY INFORMATION: The CAA affords the EPA a 45-day period to review, and object, as appropriate, to a title V operating permit proposed by a state permitting authority. Section 505(b)(2) of the CAA authorizes any person to petition the EPA Administrator, within 60 days after the expiration of this review period, to object to a title V operating permit if the EPA has not done so. Petitions must be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided by the state, unless the petitioner demonstrates that it was impracticable to raise these issues during the comment period or unless the grounds for the issue arose after this period. The EPA received three petitions from the Petitioners, one dated February 26, 2014 for the Martin Lake permit, and one each dated March 3, 2014 for the Monticello and Big Brown permits, to object to operating permits issued to Luminant Generating Company, LLC relating respectively to facilities located in Rusk, Titus, and Freestone counties, Texas. The Order issued on January 23, 2015 responds to claim V.A of the Martin Lake Petition (pp. 5–9), the Monticello Petition (pp. 5–11) and the Big Brown Petition (pp. 7–14) raised by EIP, the Sierra Club having withdrawn all of their objections prior to the issuance of the order. The EIP requested that the Administrator object to the proposed operating permits issued by the TCEQ to Luminant on several bases. The three petitions did not raise identical claims; however, three common claims are addressed in the issued order. The remaining issues are to be withdrawn by PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 the petitioner in accordance with a settlement agreement reached on January 22, 2015 between the Petitioner and the EPA. The claims are described in detail in Section IV of the Order. In summary, the issues raised are that: (1) the Compliance Assurance Monitoring (CAM) provisions in the Martin Lake, Monticello and Big Brown permits do not assure compliance with the applicable particulate matter (PM) emission limit during periods of startup, shutdown, maintenance and malfunction; (2) the record supporting the CAM opacity indicator ranges for PM for Monticello Units 1, 2 and 3 is deficient and not based on reliable data; and (3) the Big Brown permit must be revised to ensure that any credible evidence may be used to demonstrate noncompliance with applicable requirements. Due to significant overlap in the issues raised in the Petitions and the similarity of the relevant permit conditions in each of the three permits, the EPA is responding to the identified portion of all three Petitions in this Order on January 23, 2015. The EPA’s rationale for denying the addressed claims is described in the Order. Dated: February 9, 2015. Ron Curry, Regional Administrator, Region 6. [FR Doc. 2015–03583 Filed 2–20–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9923–31–Region 2] Clean Water Act Section 303(d): Availability of List Decisions Environmental Protection Agency (EPA). ACTION: Notice and request for comments. AGENCY: This notice announces EPA’s decision to identify certain water quality limited waters and the associated pollutant to be listed pursuant to the Clean Water Act Section 303(d)(2) on New York’s list of impaired waters, and requests public comment. Section 303(d)(2) requires that States submit, and EPA approve or disapprove, lists of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain State water quality standards and for which total maximum daily loads (TMDLs) must be prepared. On January 13, 2015, EPA disapproved New York’s decision to SUMMARY: E:\FR\FM\23FEN1.SGM 23FEN1 Rmajette on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices exclude Jones Inlet/Jones Bay from its 2014 303(d) list. EPA evaluated existing and readily available data and information and concluded that the applicable narrative water quality standard for nutrients is being exceeded in Jones Inlet/Jones Bay. Based on this evaluation, EPA has determined that Jones Inlet/Jones Bay is not fully attaining the water quality standards established by New York State and should be included on the State’s 303(d) list of impaired waters. EPA is providing the public the opportunity to review its decision to add this water to New York’s 303(d) list, as required by 40 CFR 130.7(d)(2). EPA will consider public comments before transmitting its final listing decision to the State. DATES: Comments must be submitted to EPA on or before March 25, 2015. ADDRESSES: Comments on the proposed decision should be sent to Dana Flint, U.S. Environmental Protection Agency Region 2, 290 Broadway, New York, NY 10007, email greenlee.dana@epa.gov, telephone (212)–637–3635. Oral comments will not be considered. Copies of EPA’s letter explaining the rationale for EPA’s decision concerning New York’s list can be obtained by calling or emailing Mrs. Flint at the address above. Underlying documents from the administrative record for these decisions are available for public inspection at the above address. Please contact Mrs. Flint to schedule an inspection. FOR FURTHER INFORMATION CONTACT: Dana Flint at (212) 637–3635 or at greenlee.dana@epa.gov. SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act (CWA) requires that each state identify those waters for which existing technologybased pollution controls are not stringent enough to attain or maintain state water quality standards. For those waters, states are required to establish TMDLs according to a priority ranking. EPA’s Water Quality Planning and Management regulations include requirements related to the implementation of section 303(d) of the CWA (40 CFR 130.7). The regulations require states to identify water quality limited waters still requiring TMDLs every two years. The lists of waters still needing TMDLs must also include priority rankings, identify the pollutants causing the impairment, and identify the waters targeted for TMDL development during the next two years (40 CFR 130.7). Consistent with EPA’s regulations, New York submitted its listing decisions under Section 303(d)(2) to EPA in VerDate Sep<11>2014 14:19 Feb 20, 2015 Jkt 235001 correspondence dated November 3, 2014, January 5, 2015 and January 7, 2015. On January 13, 2015, EPA partially approved New York’s submittal of the 303(d) list, and disapproved New York’s decision to exclude Jones Inlet/Jones Bay from the 2014 list. EPA is soliciting public comment on the addition of this water to the State’s list, as required by 40 CFR 130.7(d)(2). Authority: Clean Water Act, 33 U.S.C. 1251 et seq. Dated: January 26, 2015. Judith A. Enck, Regional Administrator, U.S. Environmental Protection Agency, Region 2. [FR Doc. 2015–03578 Filed 2–20–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9923–33–OA] Meetings of the Small Community Advisory Subcommittee and the Local Government Advisory Committee Environmental Protection Agency (EPA). ACTION: Notice; announcement of meetings. AGENCY: The Small Community Advisory Subcommittee (SCAS) will meet via teleconference on Tuesday, March 10, 2015, 1:00 p.m.–2:00 p.m. (EST). The Subcommittee will discuss an EPA Rural Strategy and other small community issues. This is an open meeting. Individuals or organizations wishing to address the Subcommittee meeting will be allowed a maximum of five minutes to present their point of view on issues pertaining to small communities. The Local Government Advisory Committee (LGAC) will meet via teleconference on Tuesday, March 10, 2015, 2:00 p.m.–3:00 p.m. (EST). The Committee meeting will focus on the Small Community Advisory Subcommittee’s action on an EPA Rural Strategy and other LGAC Workgroup actions such as a Water Infrastructure and Resiliency Finance Center, and other LGAC actions. These are open meetings, and all interested persons are invited to participate. The Subcommittee will hear comments from the public on Tuesday, March 10, 2015, 1:15 p.m.–1:30 p.m. (EST) and the Committee will hear comments from the public 2:15 p.m.– 2:30 p.m. (EST) on Tuesday, March 10, 2015. Individuals or organizations wishing to address the Subcommittee or SUMMARY: PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 9457 the Committee will be allowed a maximum of five minutes to present their point of view. Also, written comments should be submitted electronically to eargle.frances@epa.gov. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule a time on the agenda. Time will be allotted on a first-come first-serve basis, and the total period for comments may be extended if the number of requests for appearances requires it. ADDRESSES: The Small Communities Advisory Subcommittee and Local Government Advisory Committee meetings will meet via teleconference. Meeting summaries will be available after the meeting online at www.epa.gov/ocir/scas_lgac/lgac_ index.htm and can be obtained by written request to the DFO. FOR FURTHER INFORMATION CONTACT: Local Government Advisory Committee (LGAC) and Small Communities Advisory Subcommittee (SCAS), contact Frances Eargle, Designated Federal Officer, at (202) 564–3115 or email at eargle.frances@epa.gov. Information on Services for Those with Disabilities: For information on access or services for individuals with disabilities, please contact Frances Eargle at (202) 564–3115 or email at eargle.frances@epa.gov. To request accommodation of a disability, please request it 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: February 10, 2015. Frances Eargle, Designated Federal Officer. Local Government Advisory Committee. [FR Doc. 2015–03563 Filed 2–20–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2007–1196; FRL–9923–36– OAR] Recent Postings of Broadly Applicable Alternative Test Methods Environmental Protection Agency (EPA). ACTION: Notice of availability. AGENCY: This notice announces the broadly applicable alternative test method approval decisions the Environmental Protection Agency (EPA) has made under and in support of New Source Performance Standards (NSPS), the National Emission Standards for Hazardous Air Pollutants (NESHAP), SUMMARY: E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Notices]
[Pages 9456-9457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03578]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9923-31-Region 2]


Clean Water Act Section 303(d): Availability of List Decisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and request for comments.

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

SUMMARY: This notice announces EPA's decision to identify certain water 
quality limited waters and the associated pollutant to be listed 
pursuant to the Clean Water Act Section 303(d)(2) on New York's list of 
impaired waters, and requests public comment. Section 303(d)(2) 
requires that States submit, and EPA approve or disapprove, lists of 
waters for which existing technology-based pollution controls are not 
stringent enough to attain or maintain State water quality standards 
and for which total maximum daily loads (TMDLs) must be prepared.
    On January 13, 2015, EPA disapproved New York's decision to

[[Page 9457]]

exclude Jones Inlet/Jones Bay from its 2014 303(d) list. EPA evaluated 
existing and readily available data and information and concluded that 
the applicable narrative water quality standard for nutrients is being 
exceeded in Jones Inlet/Jones Bay. Based on this evaluation, EPA has 
determined that Jones Inlet/Jones Bay is not fully attaining the water 
quality standards established by New York State and should be included 
on the State's 303(d) list of impaired waters.
    EPA is providing the public the opportunity to review its decision 
to add this water to New York's 303(d) list, as required by 40 CFR 
130.7(d)(2). EPA will consider public comments before transmitting its 
final listing decision to the State.

DATES: Comments must be submitted to EPA on or before March 25, 2015.

ADDRESSES: Comments on the proposed decision should be sent to Dana 
Flint, U.S. Environmental Protection Agency Region 2, 290 Broadway, New 
York, NY 10007, email greenlee.dana@epa.gov, telephone (212)-637-3635. 
Oral comments will not be considered. Copies of EPA's letter explaining 
the rationale for EPA's decision concerning New York's list can be 
obtained by calling or emailing Mrs. Flint at the address above. 
Underlying documents from the administrative record for these decisions 
are available for public inspection at the above address. Please 
contact Mrs. Flint to schedule an inspection.

FOR FURTHER INFORMATION CONTACT: Dana Flint at (212) 637-3635 or at 
greenlee.dana@epa.gov.

SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act (CWA) 
requires that each state identify those waters for which existing 
technology-based pollution controls are not stringent enough to attain 
or maintain state water quality standards. For those waters, states are 
required to establish TMDLs according to a priority ranking.
    EPA's Water Quality Planning and Management regulations include 
requirements related to the implementation of section 303(d) of the CWA 
(40 CFR 130.7). The regulations require states to identify water 
quality limited waters still requiring TMDLs every two years. The lists 
of waters still needing TMDLs must also include priority rankings, 
identify the pollutants causing the impairment, and identify the waters 
targeted for TMDL development during the next two years (40 CFR 130.7).
    Consistent with EPA's regulations, New York submitted its listing 
decisions under Section 303(d)(2) to EPA in correspondence dated 
November 3, 2014, January 5, 2015 and January 7, 2015. On January 13, 
2015, EPA partially approved New York's submittal of the 303(d) list, 
and disapproved New York's decision to exclude Jones Inlet/Jones Bay 
from the 2014 list. EPA is soliciting public comment on the addition of 
this water to the State's list, as required by 40 CFR 130.7(d)(2).

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: January 26, 2015.
Judith A. Enck,
Regional Administrator, U.S. Environmental Protection Agency, Region 2.
[FR Doc. 2015-03578 Filed 2-20-15; 8:45 am]
BILLING CODE 6560-50-P
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