Environmental Protection Agency April 25, 2006 – Federal Register Recent Federal Regulation Documents

Region VIII of the EPA is hereby providing notice, and requesting public comment on EPA's decision to add Bear Creek (Segment COSPBE01a) to Colorado's list of water quality-limited segments in need of total maximum daily loads (TMDLs) pursuant to Clean Water Act Section 303(d)(2). Section 303(d)(2) of the Clean Water Act 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 TMDLs must be prepared. On April 12, 2006, EPA partially approved and partially disapproved Colorado's Section 303(d) list submittal for the 2006 listing cycle. Specifically, EPA approved Colorado's listing of 119 waters, associated pollutants, and associated priority rankings. EPA disapproved Colorado's decision not to list one segment of Bear Creek. EPA evaluated all the existing and readily available data and information on the Bear Creek segment and concluded that the aquatic life use in the Bear Creek, which includes the fishery, is not being fully met. Based on this evaluation EPA has determined that the Bear Creek segment is not fully attaining the water quality standards established by the State of Colorado and should be included on the State's list of impaired waters. Therefore, through its partial disapproval of the State's list, EPA added Bear Creek segment COSPBE01a to the State's list. This addition to the State's list includes only a portion of segment COSPBE01a (i.e., Bear Creek from below Evergreen Reservoir to Harriman Ditch). EPA is providing the public the opportunity to review its decision to add a portion of Bear Creek to Colorado's 2006 Section 303(d) list, as required by EPA's Public Participation regulations. EPA will consider public comments in reaching its final decision to add a portion of Bear Creek segment COSPBE01a to the State's list.

Georgia has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Georgia. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble of the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment.