Clean Water Act Section 303(d): Proposed Withdrawal of One Total Maximum Daily Load
The Environmental Protection Agency (EPA) hereby issues notice of the proposed withdrawal of one Total Maximum Daily Load (TMDL) for lead, as found in the document titled ``TMDLs for Lead and Siltation/ Turbidity for Big Creek near Sheridan, Arkansas.'' The TMDL was established by EPA in March of 2008. This proposed withdrawal action will not affect the TMDLs for Siltation/Turbidity established in the same TMDL document. The aforementioned withdrawal action is being proposed based upon EPA's determination that the lead TMDL for Big Creek near Sheridan (reach 08040203-904) should not have been established due to data quality concerns which have been recently identified. Such concerns relate primarily to the location of the ambient monitoring station for Big Creek near Sheridan, and its questionable representativeness of the reach when it was first listed in 2004. In May of 2008, the monitoring station was relocated to a new site which is more representative of the reach. Should new data indicate impairment for lead, the reach would be placed back on the 303(d) list, and a TMDL would be required at that time.
Ocean Dumping: Proposed Cancellation and Modification of Final Site Designations
The Environmental Protection Agency (EPA) proposes to cancel the final designation of two Ocean Dredged Material Disposal Sites (ODMDSs) located in the Gulf of Mexico near the Houma Navigational Canal (HNC) and near the Mississippi River Gulf Outlet (MRGO) Canal, Louisiana. Both sites are EPA-approved ocean dumping sites for the disposal of suitable dredged material. This proposed action is being taken because there is no clear future need for the sites. Additionally, EPA proposes to modify the period of use, use restriction, and name of the Homeport Project ODMDS located in the Gulf of Mexico offshore of Port Aransas, Texas.
Amendments to Delegation of Authority Provisions in the Prevention of Significant Deterioration Program
The Environmental Protection Agency (EPA) is promulgating amendments to the New Source Review (NSR) Prevention of Significant Deterioration (PSD) program that amend certain outdated language that limited the EPA's ability to delegate the federal PSD program to interested Indian tribes. This final action provides consistency with the current federal PSD regulatory requirements by allowing the EPA to delegate the PSD program to interested tribes for their attainment areas. The EPA regulations already provide for the administrative delegation of the PSD program to state and local governments for their attainment areas and administrative delegation of the nonattainment NSR program to states, tribes and local governments. This final rule deletes a restriction on tribes' ability to take delegation of the PSD program and includes tribes, along with state and local governments, to make it clear that tribes, as well as states and local governments, may voluntarily request and assume direct delegation of the NSR program in areas that are currently attaining the national ambient air quality standards (NAAQS). This final rule does not create any new requirements.
Approval and Promulgation of Implementation Plans; Commonwealth of the Northern Mariana Islands; Prevention of Significant Deterioration; Special Exemptions From Requirements of the Clean Air Act
Under the Clean Air Act, the Environmental Protection Agency (EPA) is taking final action to disapprove the state implementation plan (SIP) for the Commonwealth of the Northern Mariana Islands (CNMI) with respect to prevention of significant deterioration (PSD), and to incorporate by reference the Federal PSD regulations into the applicable CNMI plan. EPA is also taking final action to grant a petition by CNMI for an exemption of the applicable PSD major source baseline date, and to establish an alternate date, January 13, 1997, as the major source baseline date and trigger date in CNMI. EPA is also making certain corrections to errors that were made in previous rulemakings related to the CNMI SIP. This action establishes the Federal PSD regulations as a basic element of the applicable CNMI plan and, through the exemption, establishes January 13, 1997 as the major source baseline date (and trigger date) under the PSD program in CNMI for sulfur dioxide, PM10 and nitrogen dioxide.
Definition of “Waters of the United States” Under the Clean Water Act
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are publishing for public comment a proposed rule defining the scope of waters protected under the Clean Water Act (CWA), in light of the U.S. Supreme Court cases in U.S. v. Riverside Bayview, Rapanos v. United States, and Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States (Rapanos). This proposal would enhance protection for the nation's public health and aquatic resources, and increase CWA program predictability and consistency by increasing clarity as to the scope of ``waters of the United States'' protected under the Act.
Notice of Availability Regarding the Exemption From Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are announcing the availability of an interpretive rule to address the exemption from permitting provided under section 404(f)(1)(A) of the Clean Water Act (CWA) for discharges of dredged or fill material associated with certain agricultural conservation practices based on the Natural Resources Conservation Service (NRCS) conservation practice standards that are designed and implemented to protect and enhance water quality. While the interpretive rule is already in effect, the agencies recognize the importance and value of receiving public input on the implementation of this interpretive rule and welcome comments in response to this notice within the next 45 days.