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Water Quality Standards for Kansas

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AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

EPA is promulgating a primary contact recreation use designation for 1,056 waters, an expected aquatic life use designation for one of these waters, and a secondary contact recreation use designation for 230 waters in the State of Kansas to replace the use designations for those waters that EPA disapproved in 1998. EPA is promulgating these final water quality standards for the State of Kansas at this time pursuant to a court order requiring the Administrator to sign a final rule by June 30, 2003. Once the State of Kansas submits the necessary analyses and any corresponding changes to its water quality standards for specific waters and EPA approves that submission, EPA will initiate a rulemaking to withdraw this regulation for those waters.

DATES:

This regulation is effective August 6, 2003.

ADDRESSES:

The public record for this rulemaking has been established, is located at EPA Region 7, Information Resource Center, 901 North 5th Street, Kansas City, Kansas 66101, and can be reviewed between 8 a.m. and 4:30 p.m. Central Time, Monday through Friday, excluding legal holidays. For further information regarding access to the docket materials, call (913) 551-7241. You may have to pay a reasonable fee for copying.

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FOR FURTHER INFORMATION CONTACT:

For information concerning today's final rule, contact Mr. Martin Kessler, Public Affairs Specialist at r7actionline@epa.gov or at U.S. EPA Region 7, Office of External Programs, 901 North 5th Street, Kansas City, Kansas, 66101 (Telephone: 913-551-7003).

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SUPPLEMENTARY INFORMATION:

Table of Contents

I. Potentially Affected Entities

II. Background

A. What Are the Statutory and Regulatory Requirements Relevant to This Action?

B. What Actions Have Kansas and EPA Taken Leading to Today's Action?

III. What Federal Water Quality Standards Did EPA Propose in July 2000?

IV. What Federal Water Quality Standards Is EPA Promulgating Today?

A. Background

B. EPA's Analysis of Information Received for Specific Stream Segments and Lakes

1. Kansas' December 10, 2002, Submission of Water Quality Standards

2. Use Attainability Analysis Information Provided by the State of Kansas to EPA on April 11, 2003

3. Information Submitted by Commenters in Response to EPA's July 2000 Proposal and Information Collected by EPA

C. EPA's Final Use Designation Decisions for Specific Stream Segments and Lakes

D. Effect of Today's Rulemaking on the State's Water Quality Programs

V. Economic Analysis

A. Identifying Affected Facilities

B. Evaluating Sample Facilities

C. Method for Estimating Potential Compliance Costs

D. Results

E. Total Statewide Costs

F. Significant Comments on the Economic Analysis for the Proposed Rule

VI. Alternative Regulatory Approaches and Implementation Mechanisms

A. Designating Uses

B. Site-Specific Criteria

C. Variances

D. Total Maximum Daily Loads (TMDLs)

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments

G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks

H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act

J. Congressional Review Act

I. Potentially Affected Entities

Citizens concerned with water quality in Kansas may be interested in this rulemaking. Entities discharging pollutants to waters of the United States in Kansas could be indirectly affected by this rulemaking because water quality standards are used in determining water quality-based effluent limitations included in National Pollutant Discharge Elimination System (NPDES) permits. Categories and entities that may indirectly be affected include:

CategoryExamples of potentially affected entities
IndustryIndustries discharging pollutants to surface waters in Kansas.
MunicipalitiesPublicly-owned treatment works discharging pollutants to surface waters in Kansas.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding NPDES entities likely to be affected by this action. This table lists the types of entities that EPA is now aware could potentially be affected by this action. Other types of entities not listed in this table could also be affected. To determine whether your facility may be affected by this action, you should carefully examine today's rule. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

EPA notes that nothing in this rulemaking—which establishes “primary contact recreation” as a Clean Water Act (CWA) use designation for 1,056 waters, or “expected aquatic life use” for one of these waters, and “secondary contact recreation” for 230 waters—affects the private property rights of landowners to deny public access to their own property. Use designations, such as those codified today, help establish water quality goals for particular water bodies; they do not create or abridge property rights regarding access to such waters. To illustrate this point, EPA notes that most of these waters had been subject to the State's default “secondary contact recreation” use designation until November 2001 (when the State removed this provision and EPA approved that action). That use designation, which commonly refers to recreational wading and other uses not likely to result in full-body immersion, had applied to these waters since at least 1994, and in many cases for years before that. However, EPA is not aware that any individual has interpreted that State use designation (made solely for CWA purposes) as official government sanction to enter private property for the purpose of wading in the streams so designated. Consequently, EPA has no reason to believe that this situation will change as a result of EPA's use designations today. The only difference between the State action and EPA's action today is the type of use designated, not whether the waters are subject to a use designation in the first instance. Start Printed Page 40429

II. Background

A. What Are the Statutory and Regulatory Requirements Relevant to This Action?

Section 303(c) of the Clean Water Act (CWA), 33 U.S.C. 1313(c), requires States and authorized Tribes to adopt water quality standards for waters of the United States within their applicable jurisdictions. Section 303(c) and EPA's implementing regulations at 40 CFR part 131 require State water quality standards to include the designated use or uses to be made of the water, the criteria necessary to protect those uses, and an antidegradation policy. States are also required to review their water quality standards at least once every three years and, if appropriate, revise or adopt new standards. 33 U.S.C. 1313(c)(1). States are required to submit the results of these reviews to EPA for approval. 33 U.S.C. 1313(c)(2)(A). Section 303(c)(4) of the CWA requires EPA to promulgate water quality standards when necessary to replace disapproved State water quality standards.

Section 101(a)(2) of the CWA establishes as a national goal “water quality which provides for the protection and propogation of fish, shellfish, and wildlife and * * * recreation in and on the water,” wherever attainable. This national goal is commonly referred to as the “fishable/swimmable” goals of the CWA. (Hereafter, the fishable/swimmable goals are referred to as CWA section 101(a) goal uses.) Section 303(c)(2)(A) requires State water quality standards to “protect the public health or welfare, enhance the quality of water and serve the purposes of this [Act].” Further, States are required to take into consideration the waters' use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial, and other purposes, and also to take into consideration their use and value for navigation. 33 U.S.C. 1313(c)(2)(A). States are free to designate more specific uses (e.g., cold water aquatic life), or to designate uses not mentioned in the CWA, with the exception of waste transport or waste assimilation, which is not an acceptable use. 40 CFR 131.10(a). EPA's regulations at 40 CFR 131.10 describe the process States must follow and the analyses States must conduct prior to designating any uses that do not include the 101(a) goal uses.

B. What Actions Have Kansas and EPA Taken Leading to Today's Action?

On October 31, 1994, Kansas submitted a complete set of water quality standards to EPA for review and approval. As part of this submission, it also submitted the Kansas Surface Water Register, which contains the listing of all streams, lakes, and wetlands classified under the State's water quality standards, individual water body locational data and all designated uses for each stream segment, wetland, and lake. The 1994 Kansas Surface Water Register, adopted by reference at K.A.R. 28-16-28d(c)(2) [subsequently renumbered as K.A.R. 28-16-28d(d)(2)], divided each stream segment in the State's 1985 water quality standards into multiple parts and contained use designations for each newly identified segment. This greatly expanded the number of stream segments with water body-specific use designations.

In a February 19, 1998, letter from EPA Region 7 to the Secretary of the Kansas Department of Health and Environment (KDHE), EPA reviewed and approved in part and disapproved in part all of the State's new or revised standards. As part of that action, EPA disapproved the absence of a primary contact recreation use designation for more than 1,400 water bodies and the lack of an aquatic life use designation for one of those water bodies. The vast majority of those waters were designated for secondary contact recreation, i.e., wading, by operation of the State's provision that provided a default secondary contact recreation use for waters that had no other recreation use designation. The State had provided no documentation indicating that a primary contact recreation use was not attainable, even though such documentation is required under 40 CFR 131.10(g) and (j). EPA therefore disapproved those use designations as being inconsistent with EPA's regulations.

As a part of this action, EPA also disapproved the following provisions of Kansas' 1994 water quality standards:

  • The State's antidegradation policy regarding protection of Outstanding National Resource Waters (also commonly referred to as Tier 3 waters);
  • Provisions governing discharges from waste stabilization ponds;
  • Disinfection requirements;
  • Provisions addressing the adoption of water quality criteria for the protection of the State's domestic water supply use;
  • Several water quality criteria;
  • The State's water quality standards implementation procedures;
  • The State's antidegradation implementation procedures;
  • The State's water quality standards provisions for assumed stream design flows in applying water quality criteria; and
  • Provisions relating to waters with effluent-created habitat.

In June 1999, Kansas completed a triennial review of its water quality standards. The State adopted new and revised water quality standards on June 29, 1999, which became effective under State law on June 30, 1999. Kansas submitted these standards for EPA review and approval on August 10, 1999, as required under CWA section 303(c)(2)(A). In its submission, KDHE corrected several provisions disapproved by EPA in its February 1998 disapproval letter to make them consistent with the CWA. In addition, Kansas revised use designations for several water bodies and corrected errors in its 1994 submission. On January 19, 2000, EPA approved these corrections and revised use designations. EPA also identified, in its January 2000 letter, one stream segment in Kansas that is located wholly within Indian country, over which Kansas had not demonstrated jurisdiction for CWA purposes.

On July 3, 2000, EPA proposed to promulgate Federal water quality standards for the disapproved items not resolved by the State's 1999 revisions (see section III, below). EPA ultimately proposed to promulgate primary contact recreation use designations for 1,456 stream segments and lakes. EPA also proposed to promulgate the State's expected aquatic life use designation for one of those stream segments.

III. What Federal Water Quality Standards Did EPA Propose in July 2000?

On July 3, 2000, EPA proposed water quality standards for the State of Kansas. 65 FR 41216 (July 3, 2000). Specifically, EPA proposed: (1) An aquatic life use for one stream segment and a primary contact recreation use for 1,292 stream segments and 164 lakes; (2) a provision stating that all discharges to stream segments for which continuous flow is sustained primarily through the discharge of treated effluent shall protect the State's designated uses; (3) use of specific design flows (7Q10, 4B3), or other scientifically defensible design flows recommended by EPA to implement the State's chronic aquatic life criteria, and use of specific design flows (1Q10, 1B3), or other scientifically defensible design flows recommended by EPA to implement the State's acute aquatic life criteria; and (4) implementation procedures for the State's antidegradation policy to determine whether to allow a lowering of surface water quality by point sources Start Printed Page 40430of pollution where nonpoint sources also contribute the pollutant of concern to that body of water.

Under its discretionary authority at CWA section 303(c)(4)(B) to address State water quality standards that the Administrator determines are inconsistent with the Clean Water Act, EPA also proposed two other water quality standards: numeric human health criteria for alpha- and beta-endosulfan, and a provision stating that water quality standards in Kansas apply to all privately owned surface waters in Kansas that are waters of the United States.

On October 13, 2000, KDHE submitted revised water quality standards to EPA for its review and approval. This submission contained, among other things, new or revised water quality standards addressing alpha-endosulfan and beta-endosulfan water quality criteria covered by EPA's July 2000 proposal. EPA approved these provisions by letter dated February 2, 2001, thereby removing the need for Federal water quality standards for this issue.

On September 9, 2001, the KDHE submitted revised water quality standards to EPA for its review and approval. This submission contained new or revised water quality standards addressing the following matters covered by EPA's July 2000 proposal: effluent-created habitat, stream design flow, procedures for implementing the State's antidegradation policy, and the applicability of water quality standards to publicly held and privately held classified ponds. Consequently, these new and revised State water quality standards addressed all but one of the remaining issues identified in EPA's 1998 disapproval decision.

In addition, as part of this submission the State removed its provision applying a default use designation of secondary contact recreation and adopted a provision that made use designations subject to the results of use attainability analyses. As a result of this action, all but two of the waters contained in EPA's proposal—which previously had been subject to the State's default secondary contact recreation use—were temporarily no longer subject to any recreation use designation. Under the new provision, which EPA approved, all use designations are to be based on a use attainability analysis conducted by or approved by the State.

By letter dated November 9, 2001, EPA approved the State's September 9, 2001, submission. EPA's approval of new or revised standards in 2000 and 2001 eliminated the need for a Federal promulgation regarding the previously disapproved provisions with the exception of EPA's disapproval of use designations for 1,456 water bodies.

On December 10, 2002, Kansas submitted to EPA the results of its triennial review and supporting analyses. Part of these revisions included use changes and use attainability analyses for waters subject to EPA's July 2000 proposal. As discussed in section IV.C., this submission and several additional actions have reduced the number of water bodies that are subject to EPA's final action today.

IV. What Federal Water Quality Standards Is EPA Promulgating Today?

In today's action, EPA is promulgating a primary contact recreation use designation for 1,056 waters, an expected aquatic life use for one of these waters, and a secondary contact recreation use designation for 230 waters, thereby addressing the last remaining matter subject to EPA's 1998 disapproval decision. Today's action is taking place pursuant to a 90-day schedule ordered by the U.S. District Court for the District of Kansas in Kansas Natural Resource Council, et al. v. Whitman, No. 00-2555-GTV (March 31, 2003). The court's decision and the basis for EPA's decisions are described below.

A. Background

As described in the previous section, CWA section 101(a)(2) establishes as a national goal “water quality which provides for the protection and propagation of fish, shellfish, and wildlife and * * * recreation in and on the water,” wherever attainable (i.e., the “fishable/swimmable” goal). Section 303(c)(2)(A) requires State water quality standards to “protect the public health or welfare, enhance the quality of water and serve the purposes of this [Act].” EPA's regulations at 40 CFR part 131 interpret and implement these CWA provisions by requiring that water quality standards provide for CWA section 101(a) goal uses unless those uses have been shown to be unattainable, effectively creating a rebuttable presumption of attainability, i.e., that a default designation of CWA section 101(a) goal uses should apply. The mechanism in EPA's regulations used to rebut this presumption is a use attainability analysis.

Under 40 CFR 131.10(j), States are required to conduct a use attainability analysis (UAA) whenever the State designates or has designated uses that do not include the CWA section 101(a) goal uses, when the State wishes to remove CWA section 101(a) goal uses, or when it adopts subcategories of uses that require less stringent criteria. Uses are considered by EPA to be attainable, at a minimum, if the uses can be achieved (1) when effluent limitations under section 301(b)(1)(A) and (B) and section 306 are imposed on point source dischargers, and (2) when cost-effective and reasonable best management practices are imposed on nonpoint source dischargers. See 40 CFR 131.10(d). EPA's regulations at 40 CFR 131.10 list grounds upon which to base a finding that attaining the designated use is not feasible, as long as the designated use is not an existing use. Existing uses are defined by EPA's regulations as “those uses actually attained in the water body on or after November 28, 1975, whether or not they are included in the water quality standards.” 40 CFR 131.3(e). A UAA is defined in 40 CFR 131.3(g) as a “structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors.” In a UAA, the physical, chemical and biological factors affecting the attainment of a use are evaluated through a water body survey and assessment. Guidance on water body surveys and assessment techniques is contained in the Technical Support Manual, Volumes I-III: Water Body Surveys and Assessments for Conducting Use Attainability Analyses. Additional guidance is provided in the Water Quality Standards Handbook: Second Edition (EPA-823-B-94-005, August 1994). Guidance on economic factors affecting the attainment of a use is contained in the Interim Economic Guidance for Water Quality Standards: Workbook (EPA-823-B-95-002, March 1995).

EPA regulations effectively establish a “rebuttable presumption” that CWA section 101(a) goal uses are attainable and therefore should apply to a water body unless it is affirmatively demonstrated that such uses are not attainable. EPA adopted this approach in order to help achieve the national goal articulated by Congress that, “wherever attainable,” water quality should provide for the “protection and propagation of fish, shellfish and wildlife” and for “recreation in and on the water.” 33 U.S.C. 1251(a)(2). While facilitating achievement of Congress' goals, the “rebuttable presumption” approach preserves States' paramount role in establishing water quality standards by weighing any available evidence regarding the attainable uses of a particular water body. The rebuttable presumption approach does not restrict Start Printed Page 40431the States' discretion to determine that CWA section 101(a) goal uses are not, in fact, attainable in a particular case. Rather, if the water quality goals articulated by Congress are not to be met in a particular water body, the regulations simply require that such a determination be based upon a “structured scientific assessment” of use attainability. See 40 CFR 131.3(g) (defining use attainability analysis).

EPA believes that the rebuttable presumption policy reflected in these regulations is an essential foundation for effective implementation of the CWA as a whole. The “use” of a water body is the most fundamental articulation of its role in the aquatic and human environments, and the water quality protections established by the CWA follow from the water's designated use. If a use lower than a CWA section 101(a) goal use is designated based on inadequate information or superficial analysis, water quality-based protections that might have made it possible for the water to achieve the goals articulated by Congress in CWA section 101(a) may not be put in place.

EPA seeks, through its oversight under section 303(c) of the Act, to ensure that any State's decision to forgo protection of a water body's potential to support CWA section 101(a) goal uses results from an appropriately “structured” scientific analysis of use attainment. Where EPA concludes that the State failed to adequately justify a use designation lower than a CWA section 101(a) goal use designation, EPA disapproves the use designation. In some cases, the State may decide to revise its use classifications to create additional designated uses that are also protective of the CWA section 101(a) goal uses. In other cases, the State may decide to conduct a more thorough analysis of use attainability sufficient to rebut the fishable/swimmable presumption reflected in the regulations. Where a State does neither, however, federally promulgated CWA section 101(a) goal uses will ensure the water quality goals of the Act are recognized.

In the July 2000 proposal, EPA requested data and information that could further support or refute the attainability of EPA's proposed designated uses. EPA evaluated all data and information submitted by commenters. For EPA's specific responses to comments received, see the Response to Comments document contained in the administrative record to this rulemaking. A general discussion of EPA's evaluation of this data and information is described in section IV.B.3.

In response to EPA's request for comments on EPA's proposed designated uses, EPA received several comments questioning EPA's use of the rebuttable presumption for assigning designated uses. Specifically, several commenters asserted that sufficient information exists in the administrative record to confirm that, as a class, the undesignated waters would not be expected to sustain either primary contact recreation or aquatic life uses and, as such, that this information refutes EPA's presumption that primary contact recreation and aquatic life uses are appropriate. EPA disagrees that information of such a general nature constitutes the type of structured scientific assessment required by EPA's regulations to rebut the presumption. EPA believes that use attainability analyses should be based on data applicable to individual waters. Indeed, numerous commenters asserted that use designation decisions should be made on a case-by-case basis, taking into account local considerations. A UAA is a mechanism to accomplish this. Where water body-specific data and information have been submitted by the State, provided by commenters, or collected by EPA, EPA has considered that data and information to determine whether those waters should be excluded from today's rulemaking. See section IV.B. for a further discussion of EPA's analysis of this data and information.

Other commenters asserted that the use of the “rebuttable presumption” approach EPA employed to propose use designations is contrary to law. EPA disagrees. As described above, EPA believes that using the “rebuttable presumption” approach is supported by sections 101(a) and 303(c) of the Clean Water Act. Further, EPA's longstanding interpretation, as reflected in its 1983 regulations, is that the purposes of the Act are better served by requiring a justification for designating uses less than fishable/swimmable rather than demanding an affirmative showing of attainability before requiring a fishable/swimmable use designation. See 40 CFR 131.10. Moreover, the court order resulting in today's action, Kansas Natural Resource Council, et al. v. Whitman, No. 00-2555-GTV (D. Kansas, March 31, 2003), specifically considered EPA's rebuttable presumption approach and held that EPA must employ the concept in its promulgation of water quality standards for the State of Kansas. The court recognized that, for many of these waters, the order's 90-day schedule could result in water bodies being given a primary contact recreation designation when a subsequently performed use attainability analysis might rebut such a designation. However, the court stated, “Unless and until unattainability is demonstrated as specified by the regulations, the purpose of the Clean Water Act is best served by protecting the waters as if they are fishable/swimmable.”

Lastly, several commenters suggested that under EPA's rebuttable presumption approach, secondary contact recreation is an appropriate presumption since it is one of the goal uses of the Clean Water Act. While EPA agrees that secondary contact recreation is indeed one of the Clean Water Act's goals, EPA disagrees that it supplants primary contact recreation for purposes of the rebuttable presumption. Section 101(a)(2) specifically calls for the protection of recreation in and on the water. In other words, the statute contemplates that both recreation uses will be protected wherever attainable. Within the Kansas Surface Water Quality Standards, the primary contact recreation use is the only designated use that will assure protection of both of these Clean Water Act goals.

B. EPA's Analysis of Information Received for Specific Stream Segments and Lakes

When promulgating replacement Federal water quality standards, EPA follows the same rebuttable presumption approach that applies under the regulation to State decision-making. 40 CFR 131.22(c). EPA does not believe it is appropriate to alter the current approach for establishing use designations under 40 CFR part 131 merely because the forum for decision-making has changed from the State to the Federal level. Attaining the goals articulated by Congress is no less important when EPA, as opposed to a State, is making use designation determinations. Moreover, EPA believes that failure to apply the rebuttable presumption in the Federal context could undermine how that presumption currently applies to State decision-making under the Federal regulations. If the presumption did not apply equally in the State and Federal decision-making process, a State could effectively shift the burden of demonstrating attainability simply by failing to adequately justify its use designation and thereby triggering a Federal rulemaking proceeding. This result would be contrary to the statute's expectation that States retain primary responsibility for making water quality standards decisions.

At the time of the July 2000 proposal, EPA solicited public comment and Start Printed Page 40432information on the attainability of the proposed Federal uses for the water bodies subject to that proposal. EPA also encouraged the State to continue evaluating the appropriate use designations for these waters and to revise its water quality standards, as appropriate. On March 26, 2001, EPA and the State of Kansas entered into a Memorandum of Understanding (MOU) establishing a schedule to resolve the outstanding disapproved portions of the 1994 Kansas Surface Water Quality Standards. The MOU included a schedule by which the State would conduct use attainability analyses for each of the 1,456 waters contained in EPA's July 2000 proposal. Consistent with the MOU, the State has submitted UAAs for many of the waters identified in EPA's proposed rule.

EPA has evaluated the data and information it received from commenters and the State since the July 2000 proposal. Three categories describe the data and information EPA used to determine the scope of today's final rule:

(1) Kansas' December 10, 2002, submission of new or revised use designations, including UAAs for 225 waters;

(2) 298 use attainability analyses provided by KDHE to EPA on April 11, 2003; and

(3) Information regarding specific waters provided in comments on EPA's July 2000 proposal and additional information collected by EPA for these waters.

In evaluating the information provided to EPA prior to the date of this final regulation, EPA considered whether the data and information sufficiently demonstrated that primary contact recreation is not attainable consistent with the Federal regulations at 40 CFR 131.10(g). For information it received from the State and the public, EPA used the State's protocol for conducting recreation UAAs. EPA had previously reviewed the State's recreation UAA protocol, which is contained in the State's UAA Guidance, and believes that UAAs conducted using the protocol will likely be consistent with Federal regulations.

As a result of this evaluation, 167 waters included in EPA's July 2000 proposal are not included in today's final rule. These waters fall into one of three categories:

(1) Waters where the State has adopted and EPA has approved new or revised recreation use designations in its water quality standards (these include waters designated by the State for primary contact recreation or for secondary contact recreation uses supported by a UAA);

(2) Waters where the State has provided information supporting the State's previously disapproved 1994 recreation use designations; and

(3) Waters where the State has provided information demonstrating that the water body does not exist.

In addition, EPA identified three stream segments originally included in its July 2000 proposal that had been combined with other stream segments and therefore do not need to be listed separately. The State submitted these administrative changes to EPA on August 10, 1999, which EPA approved on January 19, 2000. EPA inadvertently included these three stream segments as separate listings in its July 2000 proposed rule. Today's rule, however, reflects these changes and is consistent with the State's 2002 Surface Water Register. A list of these waters may be found in the document entitled A Summary of EPA's Use Designation Decisions contained in the administrative record accompanying this final rule.

The remaining 1,286 waters are included in today's final rule; EPA is promulgating either primary or secondary contact recreation use designations for each of these waters. Four categories describe these waters. Secondary contact recreation uses are designated in today's rule for waters contained in the first category. Primary contact recreation uses are designated for the waters contained in the remaining three categories.

(1) Waters where the State has not yet designated secondary contact recreation in the Surface Water Register, but either the State or EPA has performed UAAs consistent with 40 CFR 131.10(g) demonstrating that secondary contact recreation is the appropriate use;

(2) Waters where the State has not yet designated primary contact recreation in the Surface Water Register, but either the State or EPA has collected data and information indicating that the primary contact recreation use is attainable;

(3) Waters where the State's analysis does not support the recreation use adopted in the State's Surface Water Register; and

(4) Waters where EPA has not received any information or where the information received is insufficient to conclude that primary contact recreation is not attainable.

EPA's detailed analysis of the information submitted by the State of Kansas, by commenters on the proposed rule, and information collected by EPA is presented below.

1. Kansas' December 10, 2002, Submission of Water Quality Standards

On December 10, 2002, KDHE provided EPA with 225 UAAs along with revised water quality standards. For the majority of these waters, the State revised its Surface Water Register to reflect the water bodies' new primary contact recreation use designations, secondary contact recreation use designations, or the removal of recreation use designations. EPA reviewed the State's UAAs for consistency with the Federal regulations and collected additional data for 16 waters where the State's UAAs were inconsistent with EPA's regulations and the State's UAA protocol. As a result of this review, on June 24, 2003, EPA withdrew its 1998 disapproval with respect to 161 of these waters and approved the State's use designation decisions for these waters. This approval decision removed the need for Federal promulgation of use designations for these waters. Therefore, EPA is not including these 161 waters in today's rule. A list of these waters may be found in A Summary of EPA's Use Designation Decisions contained in the administrative record accompanying this final rule.

In addition to the 161 waters for which EPA approved the State's use designation decisions, there are 43 other waters for which the State's UAAs (and information collected by EPA for two of these waters) successfully demonstrate that the primary contact recreation use is not an attainable use and that the appropriate use for these waters is secondary contact recreation. However, Kansas has not yet changed its Surface Water Register to designate any recreational uses for these waters. Therefore, EPA is promulgating secondary contact recreation for these 43 water bodies.

For another 16 waters, analyses conducted by the State indicate that primary contact recreation is attainable based on an evaluation of a variety of factors, including activities occurring there, water quality, flow, and depth. The State's UAAs recommended the waters for primary contact recreation, but Kansas has not yet adopted these recreation uses into the Register. Pursuant to EPA's regulations, the information in the UAA indicates that primary contact recreation is the appropriate use. For these 16 waters, EPA is promulgating primary contact recreation use designations. A list of these waters may be found in A Summary of EPA's Use Designation Decisions contained in the Start Printed Page 40433administrative record accompanying this final rule.

EPA reviewed the analyses provided by the State to assure consistency with the Clean Water Act and the implementing Federal regulations. For five of these waters, EPA found that the State's analyses were insufficient either to support the recreation uses contained in the State's 2002 Surface Water Register or to demonstrate that primary contact recreation is unattainable. Therefore, EPA is promulgating primary contact recreation for these five water bodies. A list of these waters may be found in A Summary of EPA's Use Designation Decisions contained in the administrative record accompanying this final rule.

In summary, today's rule contains use designations for 64 waters for which the State prepared UAAs in connection with its December 2002 submission but has not yet made use designation changes in its Surface Water Register. Once the State adopts and EPA approves use designations for specific waters, EPA will initiate withdrawal of its corresponding Federal use designations for those water bodies.

2. Use Attainability Analysis Information Provided by the State of Kansas to EPA on April 11, 2003

On April 11, 2003, the State provided to EPA an additional 298 UAAs that the State conducted during 2002 as part of its scheduled review of all classified waters under State law and the State's Memorandum of Understanding with EPA. EPA reviewed the information contained in the State's UAAs and collected additional data for eight of these waters. As a result of this review, EPA found that, for four waters, the State's UAAs support the State's original 1994 recreation use designations. Consequently, on June 24, 2003, EPA withdrew its 1998 disapproval with respect to these four waters and approved the State's designated uses for these waters. This action removes the need for Federal promulgation of designated uses for these waters. Therefore, EPA is not including these waters in today's final rule. A list of these waters may be found in A Summary of EPA's Use Designation Decisions contained in the administrative record accompanying this final rule.

For two other waters, Mulberry City Lake and Frazier Lake, the State's analyses demonstrate that these water bodies do not exist; therefore, EPA is removing these two waters from the scope of this rulemaking. Information provided by the State indicates that Mulberry City Lake is not a known water body in Kansas. It had erroneously been included in the State's 1994 Surface Water Register and as part of EPA's 1998 disapproval and July 2000 proposal. The State included Frazier Lake in its 1994 Surface Water Register, even though at the time it did not have the characteristics of a lake, because it understood that a lake bearing that name would be created by impounding a stream. In 2003, the State provided information indicating that the project was abandoned. Therefore, Frazier Lake was never created. Based on this new information, EPA is not including these water bodies in today's final rule.

For the remaining 292 waters, based on the information contained in the remaining UAAs conducted by Kansas and the additional information collected by EPA, EPA determined, consistent with 40 CFR 131.10, that a primary contact recreation use designation is appropriate for 143 waters and a secondary contact recreation use designation is appropriate for 149 waters. The State has not yet revised its Surface Water Register to codify these primary and secondary contact recreation use designations for any of these waters. Therefore, EPA is today promulgating either primary contact recreation use or secondary contact recreation use designations for these waters consistent with the State's and EPA's analyses. A list of these waters may be found in A Summary of EPA's Use Designation Decisions contained in the administrative record accompanying this final rule.

In its July 2000 proposal, EPA proposed to designate Mined Land Lakes for primary contact recreation. Information in the UAAs provided by the State in April 2003 indicates that 43 individual lakes comprise Mined Land Lakes. (EPA identified these lakes as two separate entries in its July 2000 proposal because EPA had no basis—other than two different hydrologic unit codes—to distinguish among them.) The State conducted UAAs for all 43 lakes that indicate primary contact recreation is the appropriate designated use for all of these water bodies. For simplicity and due to the fact that the information EPA received from the State indicates that all the lakes comprising Mind Land Lakes are capable of supporting primary contact recreation, today's final rule continues to list Mined Land Lakes as two entries in its regulation.

Once the State adopts and EPA approves use designations for these 292 waters, EPA will initiate withdrawal of its corresponding Federal use designations for these waters.

3. Information Submitted by Commenters in Response to EPA's July 2000 Proposal and Information Collected by EPA

At the time of its July 2000 proposal, EPA solicited public comment and information on the attainability of the proposed Federal uses for the water bodies subject to that proposal. Prior to today's final action, EPA considered the information provided to EPA during the public comment period for the July 2000 proposed rule and information since collected by EPA. Some of the information submitted to EPA indicated that primary contact recreation uses may not be attainable for particular water bodies and that, therefore, the “presumption” of primary contact recreation was potentially rebutted. In reviewing public comments to determine whether the presumption had been rebutted for a particular water body, EPA considered a number of factors, including (1) whether the comment identified a specific water body or provided reasonably specific locational information for EPA to use to identify the water body discussed in the comment; (2) whether the comment stated or clearly implied that because of the depth or flow level of the water, the water body was not capable of supporting primary contact recreation during any part of the recreation season (April through October under Kansas law); and (3) whether the comment claimed that the water should not be designated for primary contact recreation.

For 93 water bodies, EPA determined that the information provided by commenters potentially rebutted the presumption of primary contact recreation. For these waters, EPA collected additional information consistent with the requirements of 40 CFR 131.10(g) to determine the appropriate recreational use of the water body. If Kansas had not yet completed an acceptable use attainability analysis for a particular water body, EPA—using Kansas' expedited recreational use attainability analysis protocol in coordination with the State—performed a use attainability analysis. As a result, EPA collected additional information for 93 waters. Based on this information, EPA determined, consistent with 40 CFR 131.10, that a primary contact recreation use designation is appropriate for 53 waters and a secondary contact recreation use designation is appropriate for 38 waters. The State has not yet adopted these use designations for any of these waters. Therefore, EPA is today promulgating primary contact recreation use Start Printed Page 40434designations for 53 waters and secondary contact recreation use designations for 38 waters. A list of these waters may be found in A Summary of EPA's Use Designation Decisions contained in the administrative record accompanying this final rule.

For the remaining two waters identified in public comments as potentially rebutting the presumption of primary contact recreation, EPA staff attempted to collect additional information. However, these waters are located entirely on property that had no access points available to the EPA staff that performed the use attainability analyses. Because these waters could not be assessed in a manner consistent with the requirements of 40 CFR 131.10(g), EPA is using the rebuttable presumption to promulgate a use designation of primary contact recreation for these two waters. A list of these waters may be found in A Summary of EPA's Use Designation Decisions contained in the administrative record accompanying this final rule. For these 93 waters, as for all waters subject to today's rule, once the State submits and EPA approves use designations for these waters, EPA will initiate withdrawal of the Federal use designations.

Some of the information provided to EPA in the form of comments was insufficient to rebut the presumption that the waters should be designated for primary contact recreation. Comments in this category were ones that provided no information regarding the name or location of a water body or, contrary to the commenters assertion, included information that indicated that the water was capable of supporting primary contact recreation during at least a portion of the recreation period. In addition, a number of commenters specifically requested that the water body they identified be protected by promulgation of a primary contact recreation use designation. For EPA's specific responses to comments received, see the Response to Comments document contained in the administrative record to this rulemaking.

C. EPA's Final Use Designation Decisions for Specific Stream Segments and Lakes

EPA is today promulgating a primary contact recreation use for 1,056 waters and a secondary contact recreation use for 230 waters. The 1,056 waters for which EPA is promulgating a primary contact recreation use designation consist of (1) 844 waters for which EPA has not received information sufficient to rebut the presumption of primary contact recreation; and (2) 212 waters for which EPA has received information supporting the waters' designation for primary contact recreation but for which Kansas has not yet adopted that designated use. Once Kansas adopts, and EPA approves, use designations for these waters, EPA will initiate withdrawal of the Federal use designations promulgated for such waters.

EPA is promulgating secondary contact recreation for 230 waters for which either Kansas or EPA performed use attainability analyses consistent with the requirements of 40 CFR 131.10(g) that demonstrated that secondary contact recreation was the appropriate use, but for which Kansas has not adopted a secondary contact recreation use designation. Once the State adopts and EPA approves an appropriate designation for any of these waters, EPA will initiate a withdrawal of the use designations promulgated for such waters. A summary of this information is provided in Table 1.

Table 1.—Summary of EPA's Use Designation Decisions

No. of waters in July 2000 proposalWaters not in final ruleWaters included in final rule
UAA supports 2002 use designationsUAA supports 1994 use designationInformation indicates the waters do not existTotalAnalysis supports SCR, but State has not yet adopted SCRAnalysis supports PCR, but State has not yet adopted PCRAnalysis is insufficient to support State's use designationWater is presumed PCR due to insufficient or no existing informationTotal
Kansas 2002 WQS submittal22512140016143165N/A64
Kansas 2003 UAAs298N/A426149143N/AN/A292
Information received on waters addressed solely by comments and additional information collected by EPA93N/A0003853N/A293
Insufficient or no information837N/AN/AN/A0N/AN/AN/A837837
Totals1,4531214421662302128441,287
Note: As described in Section IV.B., three water body segments contained in the July 2000 proposal have been combined with other segments, resulting in a total of 1,453 waters.
SCR—secondary contact recreation.
PCR—primary contact recreation.

For the waters where EPA is promulgating either primary contact recreation or secondary contact recreation use designations in today's final rule, the State's currently effective water quality criteria for those designated uses apply. The currently effective fecal coliform water quality criterion for CWA purposes adopted by Kansas for the protection of primary contact recreation is a geometric mean of 200 organisms per 100 milliliters from April 1 through October 31, and 2,000 organisms per 100 milliliters from November 1 though March 31. The currently effective water quality criterion for the protection of secondary contact recreation is 2,000 organisms per 100 milliliters all year.

If, in the future, the State adopts and EPA approves revisions to its water quality criteria for the protection of primary and secondary contact recreation uses, those water quality criteria will be effective for CWA purposes and will apply, as appropriate, to the waters for which EPA is promulgating use designations today.

In addition to the recreation use designations being promulgated today, EPA is also promulgating the State's expected aquatic life use designation for one stream segment, Whiskey Creek, that the State designated for a restricted aquatic life use in 1994 without an adequate supporting UAA. Because the State assigns the expected aquatic life use category to a majority of its surface waters, and EPA received no additional Start Printed Page 40435information to indicate that Whiskey Creek contains aquatic life conditions other than common habitat types and indigenous biota, EPA believes that an expected aquatic life use designation is appropriate for aquatic life in Whiskey Creek. Therefore, EPA has designated Whiskey Creek for expected aquatic life. This water is identified in 131.34(a) in today's rule. Once the State adopts and EPA approves an appropriate designation for this water body, EPA will initiate a withdrawal of the use designation promulgated for this water body.

D. Effect of Today's Rulemaking on the State's Water Quality Programs

EPA's approach in this rulemaking does not undermine the State's primary role in designating uses for waters in Kansas. EPA prefers that States establish their own regulations. Consequently, on March 26, 2001, EPA embarked on a process with the State of Kansas to resolve the remaining issues identified in EPA's 1998 disapproval decision and obviate the need for EPA rulemaking. EPA Region 7 and the State of Kansas entered into a Memorandum of Understanding (MOU) establishing a schedule to resolve the outstanding disapproved portions of the 1994 Kansas Surface Water Quality Standards. The MOU included a schedule by which the State would conduct use attainability analyses for a total of 1,456 waters not designated for primary contact recreation uses in its 1994 revisions. The Kansas legislature later passed a law requiring KDHE to develop recreation UAAs for all State waters on a regular schedule by October 2005. KSA-82a-2004. The schedule established by the Kansas legislature superseded the one established by the MOU. However, today's rulemaking by EPA does not supersede or moot any of the requirements for KDHE to conduct UAAs contained in the statute. Indeed, EPA fully expects the State to continue to develop UAAs on the schedules set forth in State law and to adopt new or revised uses designations when appropriate.

If the State's forthcoming UAAs indicate that primary contact recreation uses are not attainable for waters designated for that use in today's rule and EPA approves the new use designations adopted by the State, EPA will initiate withdrawal of the use designations promulgated today for such waters. For over 350 waters in today's rule, the uses being promulgated today are consistent with analyses provided to EPA by the State. For these waters, the State need not conduct any further analyses and can simply adopt the use designations for the specific waters identified in today's rule. Once the designated uses are adopted by the State for specific waters and are submitted to and approved by EPA, EPA will initiate withdrawal of its rulemaking for those waters. Consequently, due to the schedule by which the State is expected to complete UAAs for the remaining waters in today's rule and the discretion the State is afforded by the Clean Water Act and its implementing regulations, EPA does not anticipate that today's regulation will have a significant effect on the State's water quality program and potentially affected entities.

Further, water quality standards do not directly affect any entity. It is only through the implementation of these water quality standards through such mechanisms as NPDES permits that these water quality standards will have any direct effect. The State has flexibility in how it implements these water quality standards. EPA has included a variance provision in today's final rule, 40 CFR 131.34(c), authorizing the Regional Administrator to grant variances based upon a permittee's demonstration, consistent with the Federal regulations, that the use is not attainable. Variances are particularly suitable for instances where the cause of nonattainment is discharger-specific and it appears that the designated use in question will eventually be attainable or be demonstrated to be unattainable. See section VI.C. Additionally, the State will use these water quality standards in identifying impaired waters and establishing Total Maximum Daily Loads (TMDLs). Where the State identifies waters subject to this rulemaking as impaired, the State has discretion in scheduling the water for TMDL development. Further discussion is contained in Section VI.D.

The designation of uses in this rule is not intended to apply to waters within Indian country. The 1999 Kansas Surface Water Register included some stream segments that may be located wholly or partly in Indian Country. EPA approval of designated uses for waters in Kansas has never been intended to apply to any waters located within Indian Country because EPA has not analyzed or approved the State's authority to adopt water quality standards for waters in Indian Country. EPA has recommended that the State clarify this matter by amending the Kansas Surface Water Register to specify that the State's water quality standards do not apply to any portions of waters located in Indian Country. EPA is working with Tribes in Region 7 to identify those Tribes that may consider seeking authorization to administer the water quality standards program under the CWA. This effort is part of a national effort to ensure there are water quality standards for Indian Country waters.

V. Economic Analysis

This final rule will have no direct impact on any entity because the rule simply establishes water quality standards (e.g., use designations) which by themselves do not impose any costs. These standards, however, may serve as a basis for development of NPDES permit limits. In Kansas, the State is the NPDES permitting authority and retains considerable discretion in implementing standards. Thus, until the State implements these water quality standards, there will be no effect on any entity. Nonetheless, EPA prepared a preliminary analysis to evaluate potential costs to NPDES dischargers in Kansas associated with future State implementation of EPA's Federal standards.

Any NPDES-permitted facility that discharges to water bodies affected by this rule could potentially incur costs to comply with the rule's provisions. The types of affected facilities may include industrial facilities and publicly owned treatment works (POTWs). EPA did not consider the potential costs for nonpoint sources, such as agricultural and forestry-related nonpoint sources, although EPA recognizes that the State may decide to impose controls on these sources to achieve water quality standards. As a technical matter, nonpoint source discharges are difficult to model and evaluate for potential costs because they are intermittent, highly variable, and occur under different hydrologic or climatic conditions than continuous discharges from industrial and municipal facilities, which are evaluated under critical low flow or drought conditions. Thus, the evaluation of nonpoint sources and their effects on the environment is highly site-specific and data sensitive. In addition, EPA did not address the potential monetary benefits of this rule for Kansas.

A. Identifying Affected Facilities

To identify facilities potentially affected by the primary or secondary contact recreation uses promulgated in today's rule, EPA used an inventory of affected facilities submitted by the KDHE in its comments on the proposed rule. This list identifies 416 facilities—14 majors and 402 minors. Of the stream segments and lakes included in the rule, one stream segment is also lacking an aquatic life support use (Whiskey Start Printed Page 40436Creek). EPA identified one facility that discharges to Whiskey Creek. However, just prior to EPA publishing this final rule, KDHE provided EPA with an updated inventory identifying a total of 183 potentially affected facilities. The smaller number of facilities reflects the narrowed scope of this final rule relative to EPA's July 2000 proposal. Thus, EPA's economic analysis described in this section likely overstates the potential economic impact of this action in two respects: First, because EPA estimated the cost of controls based on the universe of 416 facilities identified as part of the proposed rule; and second, because EPA assumed that all of these facilities discharge to waters protected for primary contact recreation, when in fact many waters included in this final rule are being designated for secondary contract recreation.

B. Evaluating Sample Facilities

In its comments on the proposed rule, KDHE included an analysis of costs for all 416 facilities it identified. For one subgroup of these facilities (283 conventional lagoons), KDHE provided effluent data for 20. Thus, EPA used the data for the 20 facilities to review and evaluate KDHE's analysis of costs for this subgroup. For another subgroup (133 mechanical treatment plants), effluent data is available for five facilities in EPA's Permit Compliance System. Thus, EPA used the data for these five facilities to review and evaluate KDHE's analysis of costs for this subgroup. The number of facilities identified and the number of facilities for which EPA evaluated data are presented in Table 2.

Table 2.—Number of Facilities Potentially Affected and Evaluated

ProvisionPotentially affected facilities 1Evaluated facilities
MajorsMinorsTotalMajorsMinorsTotal
Primary or Secondary Contact Recreation 21440241632225
Aquatic Life 3101101
1Source: KDHE comments on proposed rule (Kansas Department of Health & Environment, Comments on EPA Proposed Water Quality Standards Promulgation, October 16, 2000). However, just prior to EPA publishing this final rule, KDHE provided EPA with an updated inventory of 183 potentially affected facilities reflecting the narrowed scope of this final rule. Thus, EPA analysis likely overstates the potential economic impact of this action.
2 Facilities discharging to water bodies for which EPA is promulgating primary or secondary contact recreation use designations.
3 Includes facility discharging to water body for which EPA is promulgating an existing aquatic life use designation.

C. Method for Estimating Potential Compliance Costs

For facilities discharging to waters with a new primary contact recreation use designation, EPA assumed that a sample facility would have a reasonable potential to exceed water quality criteria for fecal coliforms (and require a permit limit) if the maximum effluent concentration exceeds the most stringent water quality criterion (the monthly average of 200 colonies per 100 ml). EPA also assumed a facility would have a reasonable potential if it currently has a limit for fecal coliforms, or if it discharges treated domestic sewage that has not been disinfected. For facilities with a reasonable potential, EPA assumed that projected effluent limits would be the same as the State's existing water quality criteria for fecal coliforms (a monthly geometric mean of 200 colonies per 100 ml and a weekly geometric mean of 400 colonies per 100 ml) because EPA guidance recommends this approach (Memo from Jeffrey G. Miller, Deputy Assistant Administrator, Water Enforcement to Regional Enforcement Directors, Regional Permit Branch Chiefs, and NPDES State Directors, February 1977).

For facilities with a reasonable potential to exceed water quality criteria for fecal coliforms, EPA assumed that a sample facility would incur costs if its maximum effluent concentration (or existing permit limit, whichever is smaller) exceeds the most stringent criterion. EPA also assumed that facilities discharging domestic sewage without a disinfection system currently in place would incur costs. EPA assumed that ultraviolet (UV) light disinfection would be installed at facilities with effluents containing domestic sewage that do not have a disinfection system in place. Where EPA determined that facilities with existing disinfection systems would not be likely to meet the projected effluent limits, EPA assumed that treatment process optimization will be necessary.

One facility discharges to a stream for which EPA is promulgating an existing aquatic life use designation. However, because effluent data are not available for this facility, EPA estimated at the time of proposal that it does not have reasonable potential to cause exceedences of chronic aquatic criteria. Consequently, EPA anticipates no cost for this provision. Commenters on the proposed rule did not disagree with EPA's identification of this facility or its conclusions regarding its reasonable potential to cause exceedances of chronic aquatic life criteria.

D. Results

EPA estimated the potential costs associated with its decision to designate water bodies for (1) primary and secondary contact recreation uses, and (2) an aquatic life use. For waters designated for either a primary or a secondary contact recreation use, there are 416 potentially affected facilities. EPA estimated costs based on data for 25 of these facilities, and extrapolated the results to all potentially affected facilities.

EPA estimated that the potential total statewide annual cost associated with designating all of the affected water bodies for primary contact recreation would be approximately $1.8 million. Nearly all of the affected facilities would be minor dischargers, and the majority of those are conventional lagoons that would probably need UV disinfection to reduce fecal coliforms. As previously noted, EPA's economic analysis likely overstates the potential economic impact of this action because EPA based its projected effluent limitations and the subsequent cost of controls for potentially affected entities on meeting the fecal coliform criterion associated with the primary contact recreation use. The potential cost to facilities discharging to waters designated for secondary contact recreation will likely be less.

EPA estimated that the potential cost associated with promulgating an existing aquatic life use on the affected water body is zero. This estimate is based on the one affected facility that EPA identified.

E. Total Statewide Costs

Table 3 summarizes the total estimated potential statewide costs of today's rule. As described earlier, much Start Printed Page 40437of the costs for this rule may result from the need for minor dischargers to install disinfection systems.

Table 3.—Total Estimated Potential Statewide Costs

[2002 $/yr]

ProvisionEstimated annual cost
Facilities Discharging to Waters Lacking Primary Contact Recreation Designated Use1,800,000
Facilites Discharging to Waters Lacking Aquatic Life Designated Use0
Total1,800,000

F. Significant Comments on the Economic Analysis for the Proposed Rule

In comments submitted on the proposed rule, KDHE provided detailed inventories of facilities affected by each provision of the proposed rule. In comparison, EPA's estimates of affected facilities used to analyze costs for the proposed rule were incomplete, because of missing data. Therefore, because the State of Kansas should have the best information on the location of its facilities, EPA based its analysis of the final rule on KDHE's inventories.

To estimate potential compliance costs, EPA generally followed the approach used by KDHE in a cost impact analysis submitted as part of its comments on the proposed rule. EPA considered the same general categories of facilities; however, EPA's methodology differed in a number of key details.

For each of the 133 mechanical treatment plants and aerated lagoons, KDHE performed a facility-by-facility assessment of the treatment technologies that the facilities might need to install because of this rule based on data regarding existing treatment processes and effluent concentrations. KDHE concluded that 65 facilities would probably need to install treatment for fecal coliforms. However, the KDHE cost impact analysis did not include the facility-specific data on which these assessments were based. Therefore, EPA used existing data available from PCS to examine KDHE's conclusions. PCS data for fecal coliform, available for five facilities in the potentially affected universe, indicated that four of these facilities would probably need to install additional treatment. Because PCS data were consistent with KDHE's conclusions for each facility, EPA accepted KDHE's conclusions regarding which facilities would need additional treatment, except the one for which PCS data showed otherwise. KDHE concluded that about half of the affected facilities would only need to expand their existing disinfection process and would not need UV disinfection. However, since EPA did not know the specific disinfection processes currently in operation at the facilities, EPA conservatively assumed that all facilities would need to install UV disinfection.

For conventional lagoons, KDHE provided two years of effluent sampling data for 20 sample facilities. EPA examined the sampling data for the 20 sample facilities and determined that only 8 of the facilities (40% of sample) would need to install additional treatment for fecal coliforms. EPA assumed that each facility would pursue the lowest cost option available (i.e., addition of UV disinfection). EPA then extrapolated costs, based on the percentage of sample facilities (40%) needing additional treatment, to the universe of potentially affected lagoons, and concluded that a total of 113 facilities would probably need to install additional treatment for fecal coliforms. To provide a conservative estimate of costs, EPA assumed that the lagoons needing treatment would be the largest facilities that EPA identified among the facilities potentially affected by provisions of the proposed rule.

However, just prior to EPA's promulgation of this final rule, KDHE provided EPA with an updated inventory reducing the number of potentially affected facilities from 416 to 183 facilities reflecting the narrowed scope of this final rule relative to EPA's July 2000 proposal. Thus, EPA's economic analysis likely overstates the economic impact of this rule.

For a response to the other comments EPA received on its economic analysis of the proposed rule, see the Response to Comments document contained in the administrative record to this rulemaking .

VI. Alternative Regulatory Approaches and Implementation Mechanisms

Data and information may become available after the date of this rulemaking that will be material to water quality standards for Kansas. There are several mechanisms available to ensure that the water quality standards and their implementing mechanisms appropriately take into account such new information. These mechanisms are described in VI. A., B., C., and D.

It is important to remember that two of these mechanisms, designated use changes and site-specific criteria, are modifications to the State's water quality standards. Federal regulations at 40 CFR 122.44(d)(1) require that NPDES permits include limitations necessary to achieve water quality standards adopted under section 303 of the CWA. Therefore, a designated use revised by the State or a site-specific criterion cannot be the basis for NPDES permit limitations until the State has adopted it as part of its water quality standards, has submitted it to EPA, and EPA has approved it. See 40 CFR 131.21(c) & (d). EPA would also need to withdraw any corresponding Federal use designation. As with any other State revision to its water quality standards, EPA will then review these revisions to determine whether they are scientifically defensible in accordance with 40 CFR 131.11(b)(1)(iii), or meet the requirements of 40 CFR 131.10(g), as applicable. EPA will also consider whether the appropriate procedural requirements have been met, such as public participation and certification by the appropriate legal authority within the State. Therefore, Kansas will not be able to employ its designated use changes and site-specific criteria as a basis for NPDES permit limits until Kansas submits and EPA approves them. As noted in EPA's regulations, State water quality standards do not become effective for Clean Water Act purposes until they are approved by EPA. See 40 CFR 131.21. In addition, EPA would also need to withdraw any corresponding Federal use designations.

While 40 CFR 131.13 allows States to adopt variances for State-adopted water quality standards, such variances may not be used for Federally promulgated water quality standards. Consequently, EPA has included in today's rule a Federal variance provision allowing the Region 7 Regional Administrator to grant water quality standards variances where a permittee submits data indicating that an EPA-designated use is not attainable for any of the reasons in 40 CFR 131.10(g). This process is discussed in greater detail in section VI.C. below.

A. Designating Uses

As described throughout this preamble, States have considerable discretion in designating uses. EPA expects that as the State conducts its planned UAAs, it may find that changes in use designations are warranted for some of these water bodies. If Kansas adopts and submits to EPA new use designations for waters bodies subject to today's rule and if EPA approves the State's use designations, EPA will initiate withdrawal of the corresponding use designations promulgated today. Start Printed Page 40438

In adopting recreation uses, the State may wish to consider additional categories of recreation uses. For example, Kansas could establish more than one category of primary contact recreation to differentiate between waters where recreation is known to occur and waters where recreation is not known to occur but may be attained based on water quality, flow, and depth characteristics.

EPA cautions the State that it must conduct a use attainability analyses as described in 40 CFR 131.10(g) when adopting water quality standards that result in uses that are not specified in section 101(a)(2) of the CWA, or that result in subcategories of uses specified in section 101(a)(2) that require less stringent criteria. See 40 CFR 131.10(j).

B. Site-Specific Criteria

The State may also develop data that indicate that a site-specific water quality criterion for a particular pollutant is appropriate, and then take action to adopt such a criterion into its water quality standards. Site specific criteria are allowed by regulation and are subject to EPA review and approval. 40 CFR 131.11 requires States to adopt criteria that protect designated uses, that are based on sound scientific rationale, and that contain sufficient parameters or constituents to protect the designated use. In adopting water quality criteria, States should establish numerical values based on EPA's recommended 304(a) criteria guidance, 304(a) criteria guidance modified to reflect site specific conditions, or other scientifically defensible methods, or should establish narrative criteria where numerical criteria cannot be determined or where necessary to supplement narrative criteria.

EPA does not currently have specific guidance for States and authorized Tribes on developing site-specific criteria for the protection of recreation uses. This does not preclude the State from developing its own scientifically defensible methods. With regard to site-specific criteria for the protection of aquatic life, EPA guidance recommends three procedures States and authorized Tribes can consider using: The Recalculation Procedure, the Water-Effect Ratio Procedure and the Resident Species Procedure. These procedures can be found in the Water Quality Standards Handbook (EPA-823-B940005a, 1994). EPA also recognizes there may be naturally occurring concentrations of pollutants that may exceed the national criteria recommendations published under section 304(a) of the CWA, and has issued policy guidance on establishing site-specific aquatic life criteria equal to natural background. (Memo from Tudor T. Davies, Director, Office of Science and Technology to the Regional Water Management Division Directors, and State and Tribal Water Quality Management Program Directors, dated November 5, 1997.)

C. Variances

A water quality standards variance is a mechanism that can temporarily modify water quality standards. Today's rule contains a Federal variance procedure for the designated uses being promulgated today. However, the procedures described later in this section can also be used by the State to develop variances for State-adopted water quality standards.

EPA believes variances are particularly suitable when the cause of nonattainment is discharger-specific and it appears that the designated use in question will eventually be attained or demonstrated to be unattainable. EPA has approved the granting of water quality standards variances by States in circumstances that would otherwise justify changing a use designation on the grounds of unattainability (i.e., one or more of the six circumstances contained in 40 CFR 131.10(g) is met). In contrast to a change in standards that removes a use designation for a water body, a water quality standards variance applies only to the discharger to whom it is granted and only to the pollutant parameter(s) upon which the finding of unattainability is based, and only for a limited period of time. The underlying standard remains in effect for all other CWA purposes.

For example, if the State or a permittee demonstrates that the primary contact recreation use can not be attained pursuant to 40 CFR 131.10(g) because of high levels of fecal coliforms from a wastewater treatment facility, but where the treatment technology, when upgraded, may allow the designated use to be attained, a temporary variance may be appropriate. The variance would allow the discharger's permit to include limits based on relaxed criteria for fecal coliform until the new technology is put in place and it is determined whether the underlying designated use is attainable. The practical effect of such a variance is to allow a permit to be written using less stringent criteria, while encouraging ultimate attainment of the underlying standard. A water quality standards variance provides a mechanism for ensuring compliance with sections 301(b)(1)(C) and 402(a)(1) of the CWA, while granting temporary relief to point source dischargers.

While 40 CFR 131.13 allows States to adopt variance procedures for State-adopted water quality standards, such State procedures may not be used to grant variances for Federally adopted standards. EPA believes that it is appropriate to provide comparable Federal procedures where, as here, EPA adopts use designations which rely, at least in part, on a rebuttable presumption that fishable/swimmable uses are attainable or adopts more stringent criteria for the State's use designations. Through today's rule, the Region 7 Regional Administrator may grant water quality standards variances where a permittee submits data indicating that an EPA-designated use is unattainable for any of the reasons in 40 CFR 131.10(g). Therefore, today's rule includes procedures that will apply to the designated uses being promulgated today at § 131.34(a) and (b).

Today's rule spells out the process for applying for and granting such variances. Authorizing the Regional Administrator to grant variances should expedite the processing of variance requests. Today's regulation specifies that EPA will use informal adjudication processes in reviewing and granting variance requests. That process is contained in § 131.34(c) of today's rule. Because water quality standards variances are considered revisions to water quality standards, the rule provides that the Regional Administrator will provide public notice of the proposed variance and provide an opportunity for public comment. EPA understands that variance-related issues can often arise in the context of permit issuance. EPA Region 7 will seek to work closely with the State permitting authorities to ensure that variance requests will be considered in tandem with the State NPDES permitting process.

The variance procedure promulgated today requires an applicant for a water quality standards variance to submit a request to the Regional Administrator (or his/her delegatee) with supporting information. Under this rule, as in the national program, the burden is on the applicant to demonstrate to EPA's satisfaction that the designated use is unattainable for one of the reasons specified in 40 CFR 131.10(g). (These reasons are restated in § 131.34(c)(3) of today's rule.) A variance may not be granted if the use can be attained, at a minimum, by all dischargers implementing effluent limitations required under sections 301(b) and 306 of the CWA and the applicant implementing reasonable best management practices for nonpoint source control. Start Printed Page 40439

Under today's rule, a variance may not exceed three years or the term of the NPDES permit, whichever is less. A variance may be renewed if the permittee again demonstrates that the use in question is still not attainable. Renewal of the variance may be denied if EPA finds that the conditions of 40 CFR 131.34(c)(3) are not met.

EPA solicited comment on the need for a variance process for EPA-promulgated use designations, the appropriateness of the particular procedures proposed, and whether the proposed procedures are sufficiently detailed. EPA received one comment asserting that this process is likely to be cumbersome, expensive, and time consuming. EPA disagrees and believes, as described earlier, that authorizing the Regional Administrator to grant variance requests should expedite the processing of variance requests. EPA will seek to work closely with the State permitting authorities to ensure that variance requests are considered in tandem with the State NPDES permitting process to prevent any unreasonable delay.

D. Total Maximum Daily Loads (TMDLs)

A Total Maximum Daily Load is a tool created by the Clean Water Act that expresses the total amount of a given pollutant that a particular water body may receive and still achieve applicable water quality standards. Section 303(d) of the CWA and its implementing regulations at 40 CFR part 130 establish the requirements for TMDLs. The TMDL process can broaden the opportunity for public participation, expedite water quality-based NPDES permitting, and lead to technically sound and legally defensible decisions for attaining and maintaining water quality standards. In addition, the TMDL process provides a mechanism for integrating the management of both point and nonpoint pollution sources that together may contribute to a water body's impairment. (See Guidance for Water Quality-based Decisions:, The TMDL Process, EPA 440-4-91-001, April 1991.)

EPA recognizes that the waters designated today for primary or secondary contact recreation will be subject to water quality criteria for fecal coliforms that had not previously been in place for these waters. The currently effective water quality criterion for fecal coliform adopted by Kansas for the protection of primary contact recreation is a geometric mean of 200 organisms per 100 milliliters from April 1 through October 31, and 2,000 organisms per 100 milliliters from November 1 though March 31. The currently effective water quality criterion for the protection of secondary contact recreation is 2,000 organisms per 100 milliliters all year. EPA further recognizes that because fecal coliform criteria will apply to these waters where previously there was no applicable fecal coliform water quality criteria, it is possible that the State might identify some of the waters as impaired in its CWA section 303(d) list(s) and, therefore, schedule them for TMDL development. This is particularly an issue for streams, because the State's UAAs to date indicate that most of the lakes at issue are appropriately designated for primary contact recreation, but that many of the streams it examined should not be so designated.

As discussed elsewhere in today's notice, EPA strongly encourages the State of Kansas to determine the appropriate uses for all of the waters subject to today's promulgation. Kansas is required by State law to perform use attainability analyses for all water bodies in its Surface Water Register by October 31, 2005. EPA expects that Kansas will be able to show that secondary contact recreation is indeed the appropriate use designation for many of the streams subject to today's rule. If, for example, EPA approves the State's adoption of a secondary contact recreation use designation for a water body, and withdraws that water body from the Federal regulation, the State's use designation will be the applicable use for that water body for all CWA purposes, including section 303(d) attainment and listing decisions. In that event, Kansas would be required to list waters included in today's rule under CWA section 303(d) only if data and information show that it exceeds the water quality criterion for fecal coliform for the protection of secondary contact recreation uses.

Similarly, even for waters that are designated for primary contact recreation at the time Kansas assembles its CWA section 303(d) list(s), EPA notes that Kansas need not include a water on its list(s) if it lacks data and information to determine whether the primary contact recreation use is being protected, or if the data and information it has is insufficient to make that determination. See 40 CFR 130.7(b)(5); 2002 Integrated Water Quality Monitoring and Assessment Report Guidance, at 5 (November 19, 2001). While EPA expects Kansas to follow the requirements, if any, of its assessment and listing methodology, EPA also recognizes that it is possible that at the time Kansas compiles its 2004 CWA section 303(d) list, it will not have data or information indicating impairment for many of the waters designated today for primary contact recreation. Therefore, it is possible that many of these waters will not appear on Kansas' next CWA section 303(d) list.

Even if Kansas does list waters subject to today's rule on its CWA section 303(d) list(s) because data or information indicate that water quality standards are not been achieved, EPA also recognizes that this listing decision does not mean that a TMDL will immediately be developed. Rather, CWA section 303(d)(1) specifically provides States with the discretion to establish a priority ranking for TMDL development for listed waters, and then to establish TMDLs in accordance with that ranking. In view of the fact that by October 31, 2005, Kansas is required by State law to perform use attainability analyses for each water subject to today's rule, EPA believes it would be reasonable for the State to assign a low priority ranking to those waters. If Kansas submits and EPA approves new or revised use designations for a water, and if that use is being protected, then the water would not need to appear on subsequent State CWA section 303(d) lists and no TMDL would be required under section 303(d).

Consequently, because of the State's schedule to conduct additional UAAs and the discretion afforded the State in prioritizing TMDL development, EPA does not believe that TMDLs are likely to be developed for many of these waters in the near future. Finally, EPA notes that even if Kansas establishes a TMDL for a water designated today for primary or secondary contact recreation, the question of implementing the TMDL with respect to nonpoint sources is entirely a matter of State law.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the Agency must determine whether the regulatory action is “significant” and therefore subject to Office of Management and Budget (OMB) review and the requirements of the Executive Order. The Executive Order defines “significant regulatory action” as one that is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; Start Printed Page 40440

(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

It has been determined that this rule is not a “significant regulatory action” under the terms of Executive Order 12866 and is therefore not subject to Office of Management and Budget review.

B. Paperwork Reduction Act

This final action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The final rule does not include any information collection, reporting, or recordkeeping requirements.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) (5 U.S.C. 601 et seq.), generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations and small governmental jurisdictions.

For purposes of assessing the impacts of today's final rule on small entities, a small entity is defined as: (1) A small business according to RFA default definitions for small business (based on SBA size standards); (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.

After considering the economic impacts of today's final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This final rule will not impose any requirements on small entities.

The RFA requires analysis of the impacts of a rule on the small entities subject to the rule's requirements. See United States Distribution Companies v. FERC, 88 F.3d 1105, 1170 (DC Cir. 1996). Today's final rule establishes no requirements applicable to small entities, and so is not susceptible to regulatory flexibility analysis as prescribed by the RFA. (“[N]o [regulatory flexibility] analysis is necessary when an agency determines that the rule will not have a significant economic impact on a substantial number of small entities that are subject to the requirements of the rule,” United Distribution at 1170, quoting Mid-Tex Elec. Co-op v. FERC, 773 F.2d 327, 342 (DC Cir. 1985) (emphasis added by United Distribution court).)

Under the CWA water quality standards program, States must adopt water quality standards for their waters and must submit those water quality standards to EPA for approval; if the Agency disapproves a State standard and the State does not adopt appropriate revisions to address EPA's disapproval, EPA must promulgate standards consistent with the statutory requirements. EPA also has the authority to promulgate water quality standards in any case where the Administrator determines that a new or revised standard is necessary to meet the requirements of the Act. These State standards (or EPA-promulgated standards) are implemented through various water quality control programs including the NPDES program, which limits discharges to navigable waters except in compliance with an NPDES permit. The CWA requires that all NPDES permits include any limits on discharges that are necessary to meet applicable water quality standards.

Thus, under the CWA, EPA's promulgation of water quality standards establishes standards that the State implements through the NPDES permit process. The State has discretion in developing discharge limits as needed to meet the standards. While the State's implementation of Federally promulgated water quality standards may result in new or revised discharge limits being placed on small entities, the standards themselves do not apply to any discharger, including small entities.

Today's final rule, as explained earlier, does not itself establish any requirements that are applicable to small entities. As a result of this action, the State of Kansas will need to ensure that permits it issues include any limitations on discharges necessary to comply with the standards established in this rule. In doing so, the State will have a number of choices associated with permit writing. While Kansas's implementation of the rule may ultimately result in some new or revised permit conditions for some dischargers, including small entities, EPA's action today does not impose any of these as yet unknown requirements on small entities.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and Tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation of why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including Tribal Start Printed Page 40441governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements.

Today's final rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local or Tribal governments or the private sector. The final rule imposes no enforceable duty on the State or any local or Tribal government or the private sector; rather, this rule promulgates designated uses for certain waterbodies in Kansas which, when combined with State-adopted water quality criteria, constitute water quality standards for those water bodies. The State may use these resulting water quality standards in implementing its water quality control programs. Today's final rule does not regulate or affect any entity and, therefore, is not subject to the requirements of sections 202 and 205 of the UMRA.

EPA has determined that this final rule contains no regulatory requirements that might significantly or uniquely affect small governments. The final rule imposes no enforceable requirements on any party, including small governments. Thus, this final rule is not subject to the requirements of section 203 of UMRA.

E. Executive Order 13132: Federalism

Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999) requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.”

This final rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. The final rule will not affect the nature of the relationship between EPA and States generally, for the rule only applies to waterbodies in Kansas. Further, the final rule will not substantially affect the relationship of EPA and the State of Kansas, or the distribution of power or responsibilities between EPA and the various levels of government. The final rule will not alter the State's authority to issue NPDES permits or the State's considerable discretion in implementing these water quality standards. Further, this final rule will not preclude Kansas from adopting water quality standards that meet the requirements of the CWA. Thus, Executive Order 13132 does not apply to this final rule.

Although section 6 of Executive Order 13132 does not apply to this rule, EPA did consult with State and local government representatives in developing this rule. EPA had regular communications with KDHE, including KDHE's submission to EPA of over 500 UAAs that EPA considered in developing this rule. In addition, EPA held several meetings and phone calls with representatives from KDHE, other State agencies, and State legislators to discuss any concerns they had regarding the rule's content and EPA's approach to developing the rule. EPA also considered comments submitted by municipalities in its development of today's rule.

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments

Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 6, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” “Policies that have tribal implications” is defined in the Executive Order to include regulations that have “substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.”

This final rule does not have tribal implications. It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. In this final action, EPA expressly excludes waters in Indian country. Thus, Executive Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

Executive Order 13045: Protection of Children from Environmental Health and Safety Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be “economically significant” as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.

This final rule is not subject to the Executive Order because it is not economically significant as defined in Executive Order 12866, and it does not concern an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. This rule establishes water quality standards to meet the requirements of the CWA and the implementing Federal regulations. As part of its proposed rule, EPA specifically invited the public to submit or identify peer-reviewed studies and data indicating these water quality standards are not adequate to protect children's health. No such comments were received.

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

This rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

As noted in the proposed rule, section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA) Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or Start Printed Page 40442adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through the Office of Management and Budget, explanations when the Agency decides not to use available and applicable voluntary consensus standards.

This rulemaking does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards.

J. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States.

EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2). This rule will be effective August 6, 2003.

Start List of Subjects

List of Subjects in 40 CFR Part 131

End List of Subjects Start Signature

Dated: June 27, 2003.

Christine Todd Whitman,

Administrator.

End Signature Start Amendment Part

For the reasons set forth in the preamble, EPA amends

End Amendment Part Start Part

PART 131—WATER QUALITY STANDARDS

End Part Start Amendment Part

1. The authority citation for part 131 continues to read as follows:

End Amendment Part Start Authority

Authority: 33 U.S.C. 1251 et seq.

End Authority Start Amendment Part

2. Section 131.34 is added to read as follows:

End Amendment Part
Kansas.

(a) In addition to the State-adopted use designations, the following water body segment in Kansas is designated for an expected aquatic life use:

Stream segment nameHUC8Segment #Designated use
Basin: Missouri
Subbasin: Independence-Sugar
Whiskey Creek10240011235Expected Aquatic Life.

(b) In addition to the State-adopted use designations, the following water body segments and lakes in Kansas are designated for recreation uses as specified in the following table:

Stream segment nameHUC8Segment #Designated use
Basin: Cimarron
Subbasin: Upper Cimarron-Bluff
Big Sandy Creek110400086Primary Contact Recreation
Gyp Creek1104000825Secondary Contact Recreation
Indian Creek1104000814Secondary Contact Recreation
Kiger Creek110400088Secondary Contact Recreation
Stink Creek1104000817Secondary Contact Recreation
Two Mile Creek1104000815Secondary Contact Recreation
Subbasin: Lower Cimarron-Eagle Chief
Anderson Creek1105000139Primary Contact Recreation
Basin: Kansas/Lower Republican
Subbasin: Middle Republican
Antelope Creek1025001666Secondary Contact Recreation
Ash Creek1025001665Secondary Contact Recreation
Bean Creek1025001676Secondary Contact Recreation
Cora Creek1025001651Secondary Contact Recreation
Crow Creek (Crystal Creek)1025001652Secondary Contact Recreation
Korb Creek1025001672Primary Contact Recreation
Long Branch1025001668Secondary Contact Recreation
Lost Creek1025001653Primary Contact Recreation
Louisa Creek1025001661Secondary Contact Recreation
Norway Creek1025001673Secondary Contact Recreation
Oak Creek1025001675Secondary Contact Recreation
Rebecca Creek1025001639Secondary Contact Recreation
Spring Creek1025001671Secondary Contact Recreation
Spring Creek1025001678Secondary Contact Recreation
Taylor Creek1025001674Secondary Contact Recreation
Walnut Creek1025001640Primary Contact Recreation
Walnut Creek1025001646Secondary Contact Recreation
White Rock Creek, North Branch1025001660Secondary Contact Recreation
Start Printed Page 40443
Wolf Creek1025001667Secondary Contact Recreation
Subbasin: Lower Republican
Cool Creek1025001750Secondary Contact Recreation
Elm Creek, West Branch1025001759Secondary Contact Recreation
Gar Creek1025001712Primary Contact Recreation
Mud Creek1025001763Secondary Contact Recreation
Turkey Creek1025001751Secondary Contact Recreation
Subbasin: Upper Kansas
Dry Creek1027010119Primary Contact Recreation
Humbolt Creek1027010110Primary Contact Recreation
Kitten Creek1027010114Primary Contact Recreation
Little Arkansas Creek1027010113Primary Contact Recreation
Little Kitten Creek1027010116Primary Contact Recreation
Mulberry Creek1027010120Secondary Contact Recreation
Subbasin: Middle Kansas
Adams Creek1027010253Secondary Contact Recreation
Bartlett Creek1027010255Secondary Contact Recreation
Big Elm Creek1027010290Secondary Contact Recreation
Blackjack Creek1027010264Secondary Contact Recreation
Blacksmith Creek10270102102Secondary Contact Recreation
Bourbonais Creek1027010263Primary Contact Recreation
Brush Creek1027010257Primary Contact Recreation
Coal Creek1027010246Secondary Contact Recreation
Coryell Creek1027010294Secondary Contact Recreation
Cow Creek1027010245Secondary Contact Recreation
Crow Creek1027010286Primary Contact Recreation
Darnells Creek1027010251Secondary Contact Recreation
Dog Creek1027010278Secondary Contact Recreation
Doyle Creek1027010269Primary Contact Recreation
Dry Creek1027010279Primary Contact Recreation
Dutch Creek1027010292Secondary Contact Recreation
Elm Creek1027010298Primary Contact Recreation
Elm Creek10270102103Secondary Contact Recreation
Elm Slough1027010258Secondary Contact Recreation
Emmons Creek1027010266Secondary Contact Recreation
French Creek1027010219Primary Contact Recreation
Gilson Creek1027010247Secondary Contact Recreation
Hendricks Creek1027010273Primary Contact Recreation
Hise Creek1027010243Secondary Contact Recreation
Indian Creek1027010220Secondary Contact Recreation
James Creek1027010287Secondary Contact Recreation
Jim Creek1027010252Secondary Contact Recreation
Johnson Creek1027010284Secondary Contact Recreation
Kuenzli Creek1027010282Secondary Contact Recreation
Little Cross Creek1027010261Secondary Contact Recreation
Little Muddy Creek1027010299Primary Contact Recreation
Loire Creek1027010280Primary Contact Recreation
Lost Creek1027010260Secondary Contact Recreation
Messhoss Creek1027010296Primary Contact Recreation
Mud Creek1027010244Secondary Contact Recreation
Mud Creek1027010256Secondary Contact Recreation
Muddy Creek, West Fork1027010293Secondary Contact Recreation
Mulberry Creek1027010242Secondary Contact Recreation
Mulberry Creek1027010277Secondary Contact Recreation
Nehring Creek1027010281Primary Contact Recreation
Paw Paw Creek1027010275Secondary Contact Recreation
Pleasant Hill Run Creek1027010223Primary Contact Recreation
Pomeroy Creek1027010259Secondary Contact Recreation
Post Creek10270102101Secondary Contact Recreation
Pretty Creek1027010274Secondary Contact Recreation
Rock Creek1027010221Primary Contact Recreation
Rock Creek, East Fork1027010222Secondary Contact Recreation
Ross Creek1027010235Secondary Contact Recreation
Salt Creek1027010288Secondary Contact Recreation
Sand Creek1027010265Secondary Contact Recreation
Shunganunga Creek, South Branch10270102106Primary Contact Recreation
Snake Creek1027010295Secondary Contact Recreation
Snokomo Creek1027010285Secondary Contact Recreation
Start Printed Page 40444
Spring Creek1027010248Secondary Contact Recreation
Spring Creek1027010254Primary Contact Recreation
Spring Creek1027010276Secondary Contact Recreation
Spring Creek10270102105Secondary Contact Recreation
Sullivan Creek1027010289Primary Contact Recreation
Tecumseh Creek10270102107Secondary Contact Recreation
Turkey Creek1027010271Primary Contact Recreation
Unnamed Stream102701028Secondary Contact Recreation
Vassar Creek10270102100Secondary Contact Recreation
Vermillion Creek1027010215Primary Contact Recreation
Walnut Creek1027010291Secondary Contact Recreation
Wells Creek1027010268Secondary Contact Recreation
Whetstone Creek10270102104Secondary Contact Recreation
Wilson Creek1027010250Primary Contact Recreation
Wolf Creek1027010249Primary Contact Recreation
Subbasin: Delaware
Banner Creek1027010345Secondary Contact Recreation
Barnes Creek1027010339Secondary Contact Recreation
Bills Creek1027010347Secondary Contact Recreation
Brush Creek1027010344Secondary Contact Recreation
Brush Creek1027010354Primary Contact Recreation
Burr Oak Branch102701038Primary Contact Recreation
Catamount Creek1027010349Primary Contact Recreation
Cedar Creek, North1027010346Primary Contact Recreation
Claywell Creek1027010356Primary Contact Recreation
Clear Creek1027010319Primary Contact Recreation
Coal Creek1027010350Primary Contact Recreation
Grasshopper Creek1027010318Primary Contact Recreation
Grasshopper Creek1027010320Primary Contact Recreation
Gregg Creek1027010324Primary Contact Recreation
Honey Creek1027010355Secondary Contact Recreation
Little Grasshopper Creek1027010316Secondary Contact Recreation
Little Wild Horse Creek1027010357Primary Contact Recreation
Mission Creek1027010340Primary Contact Recreation
Nebo Creek1027010348Secondary Contact Recreation
Negro Creek1027010343Secondary Contact Recreation
Otter Creek1027010341Secondary Contact Recreation
Plum Creek1027010336Secondary Contact Recreation
Rock Creek1027010334Primary Contact Recreation
Rock Creek1027010353Primary Contact Recreation
Spring Creek1027010342Primary Contact Recreation
Squaw Creek1027010338Secondary Contact Recreation
Straight Creek1027010328Secondary Contact Recreation
Tick Creek1027010352Primary Contact Recreation
Unnamed Stream1027010331Secondary Contact Recreation
Walnut Creek1027010351Primary Contact Recreation
Wolfley Creek1027010327Secondary Contact Recreation
Subbasin: Lower Kansas
Baldwin Creek1027010469Secondary Contact Recreation
Brush Creek1027010449Secondary Contact Recreation
Brush Creek, West1027010446Secondary Contact Recreation
Buttermilk Creek1027010444Secondary Contact Recreation
Camp Creek1027010441Secondary Contact Recreation
Camp Creek1027010474Secondary Contact Recreation
Captain Creek1027010472Primary Contact Recreation
Chicken Creek1027010479Secondary Contact Recreation
Clear Creek10270104383Primary Contact Recreation
Cow Creek1027010458Secondary Contact Recreation
Crooked Creek1027010410Primary Contact Recreation
Crooked Creek1027010412Primary Contact Recreation
Dawson Creek1027010445Secondary Contact Recreation
Elk Creek1027010468Primary Contact Recreation
Full Creek1027010452Primary Contact Recreation
Hanson Creek10270104437Secondary Contact Recreation
Hog Creek1027010454Secondary Contact Recreation
Howard Creek1027010443Secondary Contact Recreation
Hulls Branch1027010442Secondary Contact Recreation
Indian Creek1027010448Secondary Contact Recreation
Jarbalo Creek1027010451Secondary Contact Recreation
Kent Creek1027010473Secondary Contact Recreation
Start Printed Page 40445
Kill Creek1027010437Primary Contact Recreation
Little Cedar Creek1027010476Primary Contact Recreation
Little Mill Creek1027010478Primary Contact Recreation
Little Turkey Creek1027010462Primary Contact Recreation
Little Wakarusa Creek1027010471Primary Contact Recreation
Mission Creek, East1027010461Secondary Contact Recreation
Ninemile Creek1027010415Secondary Contact Recreation
Ninemile Creek1027010417Primary Contact Recreation
Oakley Creek1027010456Secondary Contact Recreation
Plum Creek1027010450Secondary Contact Recreation
Prairie Creek1027010447Secondary Contact Recreation
Rock Creek1027010435Primary Contact Recreation
Scatter Creek1027010413Secondary Contact Recreation
Spoon Creek1027010475Secondary Contact Recreation
Stone Horse Creek1027010457Secondary Contact Recreation
Stranger Creek102701047Primary Contact Recreation
Stranger Creek102701048Primary Contact Recreation
Stranger Creek102701049Primary Contact Recreation
Tonganoxie Creek1027010414Primary Contact Recreation
Tooley Creek10270104379Secondary Contact Recreation
Turkey Creek1027010477Primary Contact Recreation
Unnamed Stream1027010411Primary Contact Recreation
Unnamed Stream1027010416Secondary Contact Recreation
Wakarusa River, Middle Branch1027010464Secondary Contact Recreation
Wakarusa River, South Branch1027010463Primary Contact Recreation
Washington Creek1027010436Primary Contact Recreation
Yankee Tank Creek1027010470Primary Contact Recreation
Subbasin: Lower Big Blue
Ackerman Creek1027020549Secondary Contact Recreation
Black Vermillion River, Clear Fork102702059Primary Contact Recreation
Black Vermillion River, North Fork1027020515Secondary Contact Recreation
Black Vermillion River, South Fork1027020512Secondary Contact Recreation
Bluff Creek10270205573Primary Contact Recreation
Bommer Creek1027020540Secondary Contact Recreation
Busksnort Creek10270205566Secondary Contact Recreation
Carter Creek1027020559Secondary Contact Recreation
Cedar Creek1027020556Secondary Contact Recreation
Corndodger Creek1027020552Primary Contact Recreation
De Shazer Creek1027020555Secondary Contact Recreation
Deadman Creek1027020560Secondary Contact Recreation
Deer Creek1027020536Secondary Contact Recreation
Dog Walk Creek1027020553Secondary Contact Recreation
Dutch Creek1027020544Primary Contact Recreation
Elm Creek1027020546Secondary Contact Recreation
Elm Creek, North1027020541Secondary Contact Recreation
Fancy Creek, North Fork1027020561Secondary Contact Recreation
Fancy Creek, West1027020529Primary Contact Recreation
Game Fork1027020554Secondary Contact Recreation
Hop Creek1027020543Secondary Contact Recreation
Indian Creek1027020537Secondary Contact Recreation
Jim Creek1027020557Secondary Contact Recreation
Johnson Fork1027020551Secondary Contact Recreation
Kearney Branch1027020558Secondary Contact Recreation
Lily Creek1027020539Secondary Contact Recreation
Little Indian Creek1027020535Secondary Contact Recreation
Little Timber Creek1027020548Primary Contact Recreation
Meadow Creek1027020534Secondary Contact Recreation
Mission Creek1027020522Primary Contact Recreation
Murdock Creek1027020542Secondary Contact Recreation
Otter Creek1027020567Secondary Contact Recreation
Otter Creek, North1027020562Primary Contact Recreation
Perkins Creek1027020547Secondary Contact Recreation
Phiel Creek1027020568Primary Contact Recreation
Raemer Creek1027020533Primary Contact Recreation
Robidoux Creek1027020516Primary Contact Recreation
Schell Creek1027020545Primary Contact Recreation
School Branch1027020563Secondary Contact Recreation
Scotch Creek1027020538Secondary Contact Recreation
Spring Creek1027020519Primary Contact Recreation
Spring Creek1027020565Primary Contact Recreation
Timber Creek1027020564Primary Contact Recreation
Weyer Creek1027020550Secondary Contact Recreation
Start Printed Page 40446
Subbasin: Upper Little Blue
Dry Creek1027020641Secondary Contact Recreation
Subbasin: Lower Little Blue
Ash Creek1027020736Secondary Contact Recreation
Beaver Creek1027020738Secondary Contact Recreation
Bolling Creek1027020742Secondary Contact Recreation
Bowman Creek1027020721Secondary Contact Recreation
Buffalo Creek1027020732Secondary Contact Recreation
Camp Creek1027020735Secondary Contact Recreation
Camp Creek1027020744Primary Contact Recreation
Cedar Creek1027020740Secondary Contact Recreation
Cherry Creek1027020725Secondary Contact Recreation
Coon Creek1027020723Primary Contact Recreation
Fawn Creek1027020745Secondary Contact Recreation
Gray Branch1027020727Secondary Contact Recreation
Humphrey Branch1027020724Secondary Contact Recreation
Iowa Creek1027020734Secondary Contact Recreation
Jones Creek1027020729Secondary Contact Recreation
Joy Creek1027020713Secondary Contact Recreation
Lane Branch1027020739Secondary Contact Recreation
Malone Creek1027020737Secondary Contact Recreation
Melvin Creek1027020733Secondary Contact Recreation
Mercer Creek1027020743Primary Contact Recreation
Mill Creek, South Fork1027020731Secondary Contact Recreation
Myer Creek1027020726Secondary Contact Recreation
Riddle Creek1027020717Secondary Contact Recreation
Rose Creek1027020712Secondary Contact Recreation
Salt Creek1027020719Primary Contact Recreation
School Creek1027020749Primary Contact Recreation
Silver Creek1027020728Primary Contact Recreation
Spring Creek1027020715Secondary Contact Recreation
Spring Creek1027020730Secondary Contact Recreation
Walnut Creek1027020741Primary Contact Recreation
Basin: Lower Arkansas
Subbasin: Rattlesnake
Spring Creek110300097Secondary Contact Recreation
Subbasin: Gar-Peace
Gar Creek110300108Primary Contact Recreation
Subbasin: Cow
Blood Creek1103001115Secondary Contact Recreation
Deception Creek1103001113Secondary Contact Recreation
Dry Creek1103001122Primary Contact Recreation
Jarvis Creek1103001119Primary Contact Recreation
Little Cheyenne Creek110300117Primary Contact Recreation
Little Cow Creek110300112Primary Contact Recreation
Lost Creek1103001117Secondary Contact Recreation
Owl Creek1103001118Primary Contact Recreation
Plum Creek110300114Secondary Contact Recreation
Salt Creek1103001121Primary Contact Recreation
Spring Creek1103001120Secondary Contact Recreation
Subbasin: Little Arkansas
Beaver Creek1103001226Primary Contact Recreation
Bull Creek1103001224Primary Contact Recreation
Dry Creek1103001222Secondary Contact Recreation
Dry Turkey Creek1103001213Primary Contact Recreation
Emma Creek110300126Primary Contact Recreation
Emma Creek110300127Primary Contact Recreation
Emma Creek, West110300128Primary Contact Recreation
Gooseberry Creek1103001217Primary Contact Recreation
Horse Creek1103001219Primary Contact Recreation
Jester Creek110300122Primary Contact Recreation
Jester Creek, East Fork1103001218Primary Contact Recreation
Kisiwa Creek1103001215Secondary Contact Recreation
Start Printed Page 40447
Lone Tree Creek1103001220Secondary Contact Recreation
Mud Creek1103001216Primary Contact Recreation
Running Turkey Creek1103001225Secondary Contact Recreation
Salt Creek1103001221Primary Contact Recreation
Sun Creek1103001211Primary Contact Recreation
Turkey Creek1103001212Secondary Contact Recreation
Subbasin: Middle Arkansas—Slate
Antelope Creek1103001325Primary Contact Recreation
Badger Creek1103001331Primary Contact Recreation
Beaver Creek1103001329Primary Contact Recreation
Beaver Creek1103001333Primary Contact Recreation
Big Slough1103001311Primary Contact Recreation
Big Slough, South Fork1103001335Primary Contact Recreation
Bitter Creek1103001328Primary Contact Recreation
Dry Creek1103001315Primary Contact Recreation
Dry Creek1103001316Primary Contact Recreation
Gypsum Creek110300135Primary Contact Recreation
Hargis Creek1103001324Primary Contact Recreation
Lost Creek1103001323Primary Contact Recreation
Negro Creek1103001320Primary Contact Recreation
Oak Creek1103001326Secondary Contact Recreation
Salt Creek1103001322Primary Contact Recreation
Spring Creek1103001319Primary Contact Recreation
Spring Creek1103001321Primary Contact Recreation
Spring Creek1103001327Primary Contact Recreation
Spring Creek1103001334Primary Contact Recreation
Spring Creek1103001337Primary Contact Recreation
Winser Creek1103001332Primary Contact Recreation
Subbasin: North Fork Ninnescah
Crow Creek1103001411Primary Contact Recreation
Dooleyville Creek110300148Primary Contact Recreation
Goose Creek1103001410Primary Contact Recreation
Ninnescah River, North Fork110300141Primary Contact Recreation
Ninnescah River, North Fork110300145Primary Contact Recreation
Ninnescah River, North Fork110300146Primary Contact Recreation
Red Rock Creek1103001412Primary Contact Recreation
Rock Creek1103001413Primary Contact Recreation
Silver Creek110300147Primary Contact Recreation
Spring Creek1103001414Primary Contact Recreation
Wolf Creek110300149Primary Contact Recreation
Subbasin: South Fork Ninnescah
Coon Creek110300159Primary Contact Recreation
Coon Creek1103001517Primary Contact Recreation
Hunter Creek1103001514Primary Contact Recreation
Mead Creek1103001510Primary Contact Recreation
Mod Creek1103001519Primary Contact Recreation
Natrona Creek11030015K38Primary Contact Recreation
Negro Creek1103001513Primary Contact Recreation
Nester Creek1103001515Primary Contact Recreation
Ninnescah River, West Branch South Fork110300155Primary Contact Recreation
Painter Creek110300157Primary Contact Recreation
Pat Creek1103001511Primary Contact Recreation
Petyt Creek1103001512Primary Contact Recreation
Sand Creek1103001518Primary Contact Recreation
Spring Creek110300158Primary Contact Recreation
Wild Run Creek1103001516Primary Contact Recreation
Subbasin: Ninnescah
Afton Creek110300165Primary Contact Recreation
Clearwater Creek110300164Primary Contact Recreation
Clearwater Creek110300167Primary Contact Recreation
Dry Creek1103001616Primary Contact Recreation
Elm Creek1103001610Primary Contact Recreation
Garvey Creek1103001611Primary Contact Recreation
Sand Creek1103001614Primary Contact Recreation
Silver Creek1103001612Primary Contact Recreation
Spring Creek110300162Primary Contact Recreation
Spring Creek1103001615Primary Contact Recreation
Start Printed Page 40448
Turtle Creek1103001613Primary Contact Recreation
Subbasin: Kaw Lake
Blue Branch1106000130Primary Contact Recreation
Bullington Creek1106000128Primary Contact Recreation
Cedar Creek1106000132Primary Contact Recreation
Chilocco Creek1106000119Primary Contact Recreation
Crabb Creek1106000129Primary Contact Recreation
Ferguson Creek1106000138Primary Contact Recreation
Franklin Creek1106000135Primary Contact Recreation
Gardners Branch1106000139Primary Contact Recreation
Goose Creek1106000134Primary Contact Recreation
Myers Creek1106000124Primary Contact Recreation
Otter Creek1106000120Primary Contact Recreation
Pebble Creek1106000126Primary Contact Recreation
Plum Creek1106000133Primary Contact Recreation
Riley Creek1106000137Primary Contact Recreation
School Creek1106000131Primary Contact Recreation
Shellrock Creek1106000122Primary Contact Recreation
Silver Creek1106000117Primary Contact Recreation
Snake Creek1106000125Primary Contact Recreation
Spring Creek1106000121Primary Contact Recreation
Turkey Creek1106000127Primary Contact Recreation
Wagoner Creek1106000136Primary Contact Recreation
Subbasin: Upper Salt Fork Arkansas
Ash Creek1106000220Primary Contact Recreation
Big Sandy Creek110600025Primary Contact Recreation
Cave Creek1106000228Primary Contact Recreation
Deadman Creek1106000222Primary Contact Recreation
Dog Creek1106000229Primary Contact Recreation
Hackberry Creek1106000223Primary Contact Recreation
Indian Creek110600029Primary Contact Recreation
Inman Creek1106000221Primary Contact Recreation
Mustang Creek1106000231Primary Contact Recreation
Nescatunga Creek, East Branch1106000227Primary Contact Recreation
Red Creek1106000216Primary Contact Recreation
Spring Creek1106000224Primary Contact Recreation
Wildcat Creek1106000212Primary Contact Recreation
Yellowstone Creek1106000217Primary Contact Recreation
Subbasin: Medicine Lodge
Amber Creek1106000312Primary Contact Recreation
Antelope Creek1106000322Primary Contact Recreation
Bear Creek1106000313Secondary Contact Recreation
Bitter Creek1106000318Secondary Contact Recreation
Cedar Creek1106000320Primary Contact Recreation
Cottonwood Creek1106000316Primary Contact Recreation
Crooked Creek1106000311Primary Contact Recreation
Litle Mule Creek110600039Primary Contact Recreation
Dry Creek1106000321Secondary Contact Recreation
Elm Creek, East Branch South1106000310Primary Contact Recreation
Elm Creek, North Branch110600034Primary Contact Recreation
Elm Creek, South Branch110600035Primary Contact Recreation
Little Bear Creek1106000319Primary Contact Recreation
Medicine Lodge River, North Branch1106000324Secondary Contact Recreation
Mulberry Creek1106000314Primary Contact Recreation
Otter Creek1106000325Secondary Contact Recreation
Puckett Creek1106000315Primary Contact Recreation
Sand Creek1106000317Primary Contact Recreation
Soldier Creek1106000327Secondary Contact Recreation
Stink Creek1106000328Primary Contact Recreation
Turkey Creek110600037Primary Contact Recreation
Wilson Slough1106000323Primary Contact Recreation
Subbasin: Lower Salt Fork Arkansas
Camp Creek1106000468Primary Contact Recreation
Cooper Creek1106000471Primary Contact Recreation
Crooked Creek1106000424Primary Contact Recreation
Little Sandy Creek1106000439Primary Contact Recreation
Start Printed Page 40449
Little Sandy Creek, East Branch1106000465Primary Contact Recreation
Osage Creek1106000417Primary Contact Recreation
Plum Creek1106000470Primary Contact Recreation
Pond Creek1106000418Primary Contact Recreation
Rush Creek1106000469Primary Contact Recreation
Salty Creek1106000440Primary Contact Recreation
Sandy Creek1106000437Primary Contact Recreation
Sandy Creek, West1106000456Primary Contact Recreation
Spring Creek1106000466Primary Contact Recreation
Unnamed Stream1106000425Primary Contact Recreation
Subbasin: Chikaskia
Allen Creek1106000540Primary Contact Recreation
Baehr Creek1106000522Primary Contact Recreation
Beaver Creek1106000528Primary Contact Recreation
Beaver Creek1106000546Primary Contact Recreation
Big Spring Creek1106000534Primary Contact Recreation
Bitter Creek110600054Primary Contact Recreation
Bitter Creek, East1106000516Primary Contact Recreation
Blue Stem Creek1106000548Primary Contact Recreation
Chicken Creek1106000536Primary Contact Recreation
Copper Creek1106000542Primary Contact Recreation
Dry Creek1106000517Primary Contact Recreation
Duck Creek1106000532Primary Contact Recreation
Fall Creek1106000514Primary Contact Recreation
Fall Creek, East Branch1106000527Primary Contact Recreation
Goose Creek1106000538Primary Contact Recreation
Kemp Creek1106000549Primary Contact Recreation
Long Creek11060005529Primary Contact Recreation
Meridian Creek1106000520Primary Contact Recreation
Prairie Creek11060005512Primary Contact Recreation
Prairie Creek, East11060005516Primary Contact Recreation
Prairie Creek, West11060005527Primary Contact Recreation
Red Creek1106000543Primary Contact Recreation
Rock Creek1106000523Primary Contact Recreation
Rodgers Branch1106000526Primary Contact Recreation
Rose Bud Creek1106000544Primary Contact Recreation
Rush Creek1106000545Primary Contact Recreation
Sand Creek1106000511Primary Contact Recreation
Sand Creek, East1106000512Primary Contact Recreation
Sandy Creek1106000530Primary Contact Recreation
Shoo Fly Creek, East1106000519Secondary Contact Recreation
Shore Creek1106000535Primary Contact Recreation
Silver Creek1106000529Primary Contact Recreation
Skunk Creek1106000539Primary Contact Recreation
Spring Branch1106000521Primary Contact Recreation
Wild Horse Creek1106000541Primary Contact Recreation
Wildcat Creek1106000524Primary Contact Recreation
Basin: Marais Des Cygnes
Subbasin: Upper Marais Des Cygnes
Appanoose Creek1029010116Primary Contact Recreation
Appanoose Creek, East1029010189Primary Contact Recreation
Batch Creek1029010186Primary Contact Recreation
Blue Creek1029010181Primary Contact Recreation
Bradshaw Creek1029010175Primary Contact Recreation
Cedar Creek1029010166Primary Contact Recreation
Cherry Creek1029010174Primary Contact Recreation
Chicken Creek1029010170Primary Contact Recreation
Chicken Creek1029010193Primary Contact Recreation
Coal Creek1029010148Primary Contact Recreation
Dry Creek1029010157Primary Contact Recreation
Dry Creek1029010195Primary Contact Recreation
Duck Creek1029010141Primary Contact Recreation
Eightmile Creek1029010113Primary Contact Recreation
Frog Creek1029010142Primary Contact Recreation
Hard Fish Creek1029010147Primary Contact Recreation
Hickory Creek102901018Primary Contact Recreation
Hill Creek1029010171Primary Contact Recreation
Iantha Creek1029010162Primary Contact Recreation
Jersey Creek1029010176Primary Contact Recreation
Kenoma Creek1029010164Primary Contact Recreation
Start Printed Page 40450
Little Rock Creek1029010173Primary Contact Recreation
Long Creek10290101K36Primary Contact Recreation
Locust Creek1029010169Primary Contact Recreation
Middle Creek1029010150Primary Contact Recreation
Mosquito Creek1029010152Primary Contact Recreation
Mud Creek1029010149Primary Contact Recreation
Mud Creek1029010178Primary Contact Recreation
Mud Creek1029010191Primary Contact Recreation
Mute Creek1029010192Primary Contact Recreation
Ottawa Creek10290101K25Primary Contact Recreation
Plum Creek102901012Primary Contact Recreation
Plum Creek1029010179Primary Contact Recreation
Popcorn Creek1029010187Primary Contact Recreation
Pottawatomie Creek, North Fork1029010165Primary Contact Recreation
Pottawatomie Creek, South Fork1029010167Primary Contact Recreation
Rock Creek1029010143Primary Contact Recreation
Rock Creek1029010197Primary Contact Recreation
Sac Branch, South Fork1029010154Secondary Contact Recreation
Sac Creek1029010160Primary Contact Recreation
Salt Creek1029010129Primary Contact Recreation
Sand Creek1029010182Primary Contact Recreation
Smith Creek1029010177Primary Contact Recreation
Spring Creek1029010184Primary Contact Recreation
Switzler Creek1029010180Primary Contact Recreation
Tauy Creek1029010111Primary Contact Recreation
Tauy Creek, West Fork10290101K26Primary Contact Recreation
Tequa Creek1029010144Primary Contact Recreation
Tequa Creek, East Branch1029010146Primary Contact Recreation
Tequa Creek, South Branch1029010145Primary Contact Recreation
Thomas Creek1029010172Secondary Contact Recreation
Turkey Creek102901014Primary Contact Recreation
Turkey Creek102901016Primary Contact Recreation
Unnamed Stream102901015Primary Contact Recreation
Walnut Creek1029010190Primary Contact Recreation
West Fork Eight Mile Creek1029010188Primary Contact Recreation
Willow Creek1029010194Primary Contact Recreation
Wilson Creek1029010183Primary Contact Recreation
Wolf Creek1029010196Primary Contact Recreation
Subbasin: Lower Marais Des Cygnes
Buck Creek1029010244Primary Contact Recreation
Bull Creek1029010226Secondary Contact Recreation
Davis Creek1029010238Primary Contact Recreation
Dorsey Creek1029010222Primary Contact Recreation
Elm Branch1029010248Primary Contact Recreation
Elm Branch1029010253Primary Contact Recreation
Elm Creek1029010240Primary Contact Recreation
Hushpuckney Creek1029010237Primary Contact Recreation
Jake Branch1029010254Secondary Contact Recreation
Jordan Branch1029010236Primary Contact Recreation
Little Bull Creek1029010251Primary Contact Recreation
Little Sugar Creek1029010233Primary Contact Recreation
Little Sugar Creek, North Fork1029010243Primary Contact Recreation
Martin Creek1029010226Primary Contact Recreation
Middle Creek1029010213Primary Contact Recreation
Middle Creek1029010230Primary Contact Recreation
Mound Creek1029010235Primary Contact Recreation
Richland Creek1029010241Primary Contact Recreation
Rock Creek1029010227Primary Contact Recreation
Smith Branch1029010247Primary Contact Recreation
Spring Creek1029010250Primary Contact Recreation
Sugar Creek1029010242Primary Contact Recreation
Turkey Creek1029010245Primary Contact Recreation
Walnut Creek1029010214Primary Contact Recreation
Walnut Creek1029010234Primary Contact Recreation
Walnut Creek1029010252Primary Contact Recreation
Wea Creek, North1029010221Primary Contact Recreation
Wea Creek, South1029010218Primary Contact Recreation
Wea Creek, South1029010219Primary Contact Recreation
Wea Creek, South1029010220Primary Contact Recreation
Subbasin: Little Osage
Clever Creek102901037Primary Contact Recreation
Start Printed Page 40451
Elk Creek1029010311Primary Contact Recreation
Fish Creek102901038Primary Contact Recreation
Indian Creek1029010312Primary Contact Recreation
Irish Creek102901039Primary Contact Recreation
Laberdie Creek, East1029010313Primary Contact Recreation
Limestone Creek102901035Primary Contact Recreation
Lost Creek1029010310Primary Contact Recreation
Reagan Branch102901036Primary Contact Recreation
Subbasin: Marmaton
Buck Run1029010446Primary Contact Recreation
Bunion Creek1029010439Primary Contact Recreation
Cedar Creek1029010441Primary Contact Recreation
Drywood Creek, Moores Branch1029010417Primary Contact Recreation
Drywood Creek, West Fork1029010419Primary Contact Recreation
Elm Creek1029010415Secondary Contact Recreation
Hinton Creek1029010438Primary Contact Recreation
Lath Branch1029010442Primary Contact Recreation
Little Mill Creek1029010434Primary Contact Recreation
Mill Creek102901046Primary Contact Recreation
Owl Creek1029010445Primary Contact Recreation
Paint Creek1029010413Primary Contact Recreation
Paint Creek1029010414Primary Contact Recreation
Prong Creek1029010444Secondary Contact Recreation
Robinson Branch1029010440Primary Contact Recreation
Shiloh Creek1029010436Primary Contact Recreation
Sweet Branch1029010430Primary Contact Recreation
Tennyson Creek1029010431Primary Contact Recreation
Turkey Creek1029010433Primary Contact Recreation
Walnut Creek1029010432Primary Contact Recreation
Walnut Creek1029010447Primary Contact Recreation
Wolfpen Creek1029010437Primary Contact Recreation
Wolverine Creek1029010435Primary Contact Recreation
Subbasin: South Grand
Harless Creek1029010867Primary Contact Recreation
Poney Creek1029010848Primary Contact Recreation
Basin: Missouri
Subbasin: Tarkio-Wolf
Cold Ryan Branch1024000570Primary Contact Recreation
Coon Creek1024000571Primary Contact Recreation
Halling Creek1024000568Primary Contact Recreation
Mill Creek1024000552Primary Contact Recreation
Rittenhouse Branch1024000569Primary Contact Recreation
Spring Creek1024000565Primary Contact Recreation
Striker Branch1024000572Primary Contact Recreation
Wolf River, Middle Fork1024000567Primary Contact Recreation
Wolf River, North Fork1024000566Primary Contact Recreation
Wolf River, South Fork1024000557Primary Contact Recreation
Unnamed Stream1024000555Primary Contact Recreation
Subbasin: South Fork Big Nemaha
Burger Creek1024000724Secondary Contact Recreation
Deer Creek1024000718Primary Contact Recreation
Fisher Creek1024000728Primary Contact Recreation
Illinois Creek1024000730Primary Contact Recreation
Rattlesnake Creek1024000727Primary Contact Recreation
Rock Creek1024000720Primary Contact Recreation
Tennessee Creek1024000729Primary Contact Recreation
Turkey Creek102400074Primary Contact Recreation
Turkey Creek102400075Primary Contact Recreation
Wildcat Creek1024000723Primary Contact Recreation
Wildcat Creek1024000722Primary Contact Recreation
Wolf Pen Creek1024000725Primary Contact Recreation
Subbasin: Big Nemaha
Noharts Creek1024000842Primary Contact Recreation
Pedee Creek1024000841Primary Contact Recreation
Start Printed Page 40452
Pony Creek1024000838Primary Contact Recreation
Roys Creek1024000840Primary Contact Recreation
Subbasin: Independence—Sugar
Brush Creek1024001126Primary Contact Recreation
Deer Creek1024001132Primary Contact Recreation
Fivemile Creek1024001135Primary Contact Recreation
Independence Creek, North Branch1024001129Primary Contact Recreation
Jordan Creek1024001130Primary Contact Recreation
Owl Creek1024001133Primary Contact Recreation
Rock Creek1024001121Primary Contact Recreation
Salt Creek1024001134Primary Contact Recreation
Smith Creek1024001128Primary Contact Recreation
Three Mile Creek1024001136Primary Contact Recreation
Walnut Creek1024001123Primary Contact Recreation
Walnut Creek1024001125Primary Contact Recreation
White Clay Creek1024001131Primary Contact Recreation
White Clay Creek102400119031Primary Contact Recreation
Whiskey Creek10240011235Primary Contact Recreation
Whiskey Creek102400119235Primary Contact Recreation
Subbasin: Lower Missouri—Crooked
Brush Creek1030010154Primary Contact Recreation
Camp Branch1030010156Primary Contact Recreation
Coffee Creek1030010157Primary Contact Recreation
Dyke Branch1030010155Primary Contact Recreation
Indian Creek1030010132Primary Contact Recreation
Negro Creek1030010158Primary Contact Recreation
Tomahawk Creek1030010153Primary Contact Recreation
Basin: Neosho
Subbasin: Neosho Headwaters
Allen Creek110702015Primary Contact Recreation
Badger Creek1107020145Primary Contact Recreation
Big John Creek1107020137Primary Contact Recreation
Bluff Creek110702018Primary Contact Recreation
Crooked Creek1107020135Primary Contact Recreation
Dows Creek110702013Primary Contact Recreation
Dows Creek110702014Primary Contact Recreation
Eagle Creek1107020125Primary Contact Recreation
Eagle Creek, South1107020147Primary Contact Recreation
East Creek1107020139Primary Contact Recreation
Elm Creek1107020136Primary Contact Recreation
Fourmile Creek1107020124Primary Contact Recreation
Fourmile Creek1107020148Primary Contact Recreation
Haun Creek1107020129Primary Contact Recreation
Horse Creek1107020133Primary Contact Recreation
Kahola Creek1107020143Primary Contact Recreation
Lairds Creek1107020130Primary Contact Recreation
Lanos Creek1107020121Primary Contact Recreation
Lebo Creek1107020151Primary Contact Recreation
Munkers Creek, East Branch1107020131Primary Contact Recreation
Munkers Creek, Middle Branch1107020132Primary Contact Recreation
Neosho River, East Fork1107020118Primary Contact Recreation
Neosho River, West Fork1107020128Primary Contact Recreation
Parkers Creek1107020127Primary Contact Recreation
Plum Creek1107020150Primary Contact Recreation
Plumb Creek1107020149Primary Contact Recreation
Rock Creek110702017Primary Contact Recreation
Rock Creek110702019Primary Contact Recreation
Rock Creek, East Branch1107020134Primary Contact Recreation
Spring Creek1107020140Primary Contact Recreation
Stillman Creek1107020144Primary Contact Recreation
Taylor Creek1107020146Primary Contact Recreation
Walker Branch1107020142Primary Contact Recreation
Wolf Creek1107020141Primary Contact Recreation
Wrights Creek1107020138Primary Contact Recreation
Subbasin: Upper Cottonwood
Antelope Creek1107020219Primary Contact Recreation
Start Printed Page 40453
Bills Creek1107020230Primary Contact Recreation
Bruno Creek1107020227Primary Contact Recreation
Catlin Creek1107020220Primary Contact Recreation
Clear Creek110702025Primary Contact Recreation
Clear Creek, East Branch1107020224Primary Contact Recreation
Coon Creek1107020232Primary Contact Recreation
Cottonwood River, South1107020217Primary Contact Recreation
Cottonwood River, South1107020218Primary Contact Recreation
Doyle Creek1107020221Primary Contact Recreation
French Creek1107020216Primary Contact Recreation
Mud Creek110702026Primary Contact Recreation
Perry Creek1107020223Primary Contact Recreation
Spring Branch1107020226Primary Contact Recreation
Spring Creek1107020228Primary Contact Recreation
Spring Creek1107020229Primary Contact Recreation
Stony Brook1107020225Primary Contact Recreation
Turkey Creek1107020231Primary Contact Recreation
Subbasin: Lower Cottonwood
Beaver Creek1107020329Primary Contact Recreation
Bloody Creek1107020340Primary Contact Recreation
Buck Creek1107020339Primary Contact Recreation
Buckeye Creek1107020344Primary Contact Recreation
Bull Creek1107020326Primary Contact Recreation
Camp Creek1107020314Primary Contact Recreation
Coal Creek1107020343Primary Contact Recreation
Collett Creek1107020321Primary Contact Recreation
Corn Creek1107020347Primary Contact Recreation
Coyne Branch1107020333Primary Contact Recreation
Crocker Creek1107020346Primary Contact Recreation
Dodds Creek1107020315Primary Contact Recreation
Fox Creek1107020319Primary Contact Recreation
French Creek1107020332Primary Contact Recreation
Gannon Creek1107020324Primary Contact Recreation
Gould Creek1107020336Primary Contact Recreation
Holmes Creek1107020335Primary Contact Recreation
Jacob Creek1107020328Primary Contact Recreation
Kirk Creek1107020348Primary Contact Recreation
Little Cedar Creek1107020311Primary Contact Recreation
Little Cedar Creek1107020345Primary Contact Recreation
Middle Creek110702035Primary Contact Recreation
Mile-and-a-half Creek1107020313Secondary Contact Recreation
Moon Creek1107020331Primary Contact Recreation
Mulvane Creek1107020322Primary Contact Recreation
Peyton Creek1107020325Primary Contact Recreation
Phenis Creek1107020330Primary Contact Recreation
Pickett Creek1107020318Primary Contact Recreation
Prather Creek1107020323Primary Contact Recreation
Rock Creek1107020337Primary Contact Recreation
Schaffer Creek1107020317Primary Contact Recreation
School Creek1107020316Primary Contact Recreation
Sharpes Creek1107020338Primary Contact Recreation
Silver Creek1107020334Primary Contact Recreation
Spring Creek1107020341Primary Contact Recreation
Stout Run1107020327Primary Contact Recreation
Stribby Creek1107020320Primary Contact Recreation
Subbasin: Upper Neosho
Badger Creek1107020442Primary Contact Recreation
Big Creek, North1107020416Primary Contact Recreation
Big Creek, South1107020417Primary Contact Recreation
Bloody Run1107020425Primary Contact Recreation
Carlyle Creek1107020447Primary Contact Recreation
Charles Branch1107020427Primary Contact Recreation
Cherry Creek1107020420Primary Contact Recreation
Coal Creek110702044Primary Contact Recreation
Cottonwood Creek1107020448Primary Contact Recreation
Crooked Creek1107020444Primary Contact Recreation
Draw Creek1107020434Primary Contact Recreation
Goose Creek1107020429Primary Contact Recreation
Long Creek1107020412Primary Contact Recreation
Martin Creek1107020449Primary Contact Recreation
Start Printed Page 40454
Mud Creek1107020426Primary Contact Recreation
Mud Creek1107020431Primary Contact Recreation
Onion Creek1107020424Primary Contact Recreation
Owl Creek1107020419Primary Contact Recreation
Owl Creek1107020421Primary Contact Recreation
Plum Creek1107020422Primary Contact Recreation
Rock Creek110702047Primary Contact Recreation
Rock Creek1107020423Primary Contact Recreation
Rock Creek1107020415Primary Contact Recreation
School Creek1107020438Primary Contact Recreation
Scott Creek1107020440Primary Contact Recreation
Slack Creek1107020430Primary Contact Recreation
Spring Creek1107020446Primary Contact Recreation
Sutton Creek1107020435Primary Contact Recreation
Turkey Branch1107020428Primary Contact Recreation
Turkey Creek1107020418Primary Contact Recreation
Turkey Creek1107020432Primary Contact Recreation
Twiss Creek1107020445Primary Contact Recreation
Varvel Creek1107020443Primary Contact Recreation
Village Creek1107020433Primary Contact Recreation
Wolf Creek1107020437Primary Contact Recreation
Subbasin: Middle Neosho
Bachelor Creek1107020540Primary Contact Recreation
Canville Creek1107020516Primary Contact Recreation
Center Creek1107020525Primary Contact Recreation
Cherry Creek110702054Primary Contact Recreation
Deer Creek1107020527Primary Contact Recreation
Denny Branch1107020531Primary Contact Recreation
Elk Creek1107020519Primary Contact Recreation
Elm Creek1107020543Primary Contact Recreation
Flat Rock Creek1107020512Primary Contact Recreation
Flat Rock Creek1107020514Primary Contact Recreation
Fourmile Creek1107020549Primary Contact Recreation
Grindstone Creek1107020542Primary Contact Recreation
Hickory Creek1107020510Primary Contact Recreation
Lake Creek1107020524Primary Contact Recreation
Lightning Creek110702056Primary Contact Recreation
Lightning Creek110702058Primary Contact Recreation
Limestone Creek110702057Primary Contact Recreation
Little Cherry Creek1107020532Primary Contact Recreation
Little Elk Creek1107020547Primary Contact Recreation
Little Fly Creek1107020526Secondary Contact Recreation
Little Labette Creek1107020523Primary Contact Recreation
Little Walnut Creek1107020546Primary Contact Recreation
Litup Creek1107020536Primary Contact Recreation
Mulberry Creek1107020535Primary Contact Recreation
Murphy Creek1107020541Primary Contact Recreation
Ogeese Creek1107020538Primary Contact Recreation
Pecan Creek1107020545Primary Contact Recreation
Plum Creek1107020534Primary Contact Recreation
Rock Creek1107020548Primary Contact Recreation
Spring Creek1107020530Primary Contact Recreation
Stink Branch1107020537Primary Contact Recreation
Thunderbolt Creek1107020544Primary Contact Recreation
Tolen Creek1107020539Primary Contact Recreation
Town Creek1107020528Primary Contact Recreation
Turkey Creek1107020529Primary Contact Recreation
Walnut Creek1107020513Primary Contact Recreation
Wolf Creek1107020533Primary Contact Recreation
Subbasin: Lake O' the Cherokees
Fourmile Creek1107020618Primary Contact Recreation
Tar Creek1107020619Primary Contact Recreation
Subbasin: Spring
Little Shawnee Creek1107020722Primary Contact Recreation
Long Branch1107020721Primary Contact Recreation
Shawnee Creek1107020717Primary Contact Recreation
Taylor Branch1107020725Primary Contact Recreation
Willow Creek1107020720Primary Contact Recreation
Start Printed Page 40455
Basin: Smoky Hill/Saline
Subbasin: Middle Smoky Hill
Ash Creek1026000637Primary Contact Recreation
Big Timber Creek1026000624Primary Contact Recreation
Big Timber Creek1026000625Primary Contact Recreation
Big Timber Creek1026000627Primary Contact Recreation
Blood Creek1026000635Secondary Contact Recreation
Buck Creek1026000629Primary Contact Recreation
Buffalo Creek102600066Primary Contact Recreation
Clear Creek1026000642Primary Contact Recreation
Coal Creek1026000634Primary Contact Recreation
Cow Creek1026000638Primary Contact Recreation
Eagle Creek1026000630Primary Contact Recreation
Fossil Creek1026000613Primary Contact Recreation
Goose Creek1026000639Primary Contact Recreation
Landon Creek1026000631Primary Contact Recreation
Loss Creek1026000644Primary Contact Recreation
Mud Creek1026000647Primary Contact Recreation
Oxide Creek1026000645Primary Contact Recreation
Sellens Creek1026000632Primary Contact Recreation
Shelter Creek1026000643Primary Contact Recreation
Skunk Creek1026000648Primary Contact Recreation
Spring Creek1026000641Primary Contact Recreation
Timber Creek1026000626Primary Contact Recreation
Turkey Creek1026000646Primary Contact Recreation
Unnamed Stream1026000620Primary Contact Recreation
Unnamed Stream1026000623Primary Contact Recreation
Unnamed Stream1026000628Primary Contact Recreation
Wilson Creek1026000640Primary Contact Recreation
Wolf Creek1026000636Primary Contact Recreation
Subbasin: Lower Smoky Hill
Basket Creek1026000840Primary Contact Recreation
Battle Creek1026000823Primary Contact Recreation
Carry Creek1026000832Primary Contact Recreation
Carry Creek1026000835Primary Contact Recreation
Chapman Creek, West102600085Primary Contact Recreation
Dry Creek1026000836Primary Contact Recreation
Dry Creek, East1026000843Primary Contact Recreation
Hobbs Creek1026000848Primary Contact Recreation
Holland Creek1026000825Primary Contact Recreation
Holland Creek, East1026000827Primary Contact Recreation
Holland Creek, West1026000826Primary Contact Recreation
Kentucky Creek1026000817Secondary Contact Recreation
Kentucky Creek, West1026000854Primary Contact Recreation
Lone Tree Creek1026000841Primary Contact Recreation
Lyon Creek, West Branch1026000834Primary Contact Recreation
Mcallister Creek1026000849Primary Contact Recreation
Middle Branch1026000858Primary Contact Recreation
Mud Creek102600088Primary Contact Recreation
Otter Creek1026000842Primary Contact Recreation
Paint Creek1026000852Secondary Contact Recreation
Pewee Creek1026000856Primary Contact Recreation
Sand Creek1026000846Primary Contact Recreation
Sharps Creek1026000816Secondary Contact Recreation
Spring Creek1026000845Primary Contact Recreation
Stag Creek1026000819Primary Contact Recreation
Turkey Creek1026000828Primary Contact Recreation
Turkey Creek1026000830Primary Contact Recreation
Turkey Creek, East1026000850Primary Contact Recreation
Turkey Creek, West Branch1026000829Primary Contact Recreation
Unnamed Stream10260008K3Primary Contact Recreation
Unnamed Stream10260008K4Primary Contact Recreation
Unnamed Stream10260008K24Primary Contact Recreation
Wiley Creek1026000847Primary Contact Recreation
Subbasin: Upper Saline
Cedar Creek1026000930Secondary Contact Recreation
Chalk Creek1026000926Primary Contact Recreation
Coyote Creek1026000923Primary Contact Recreation
Eagle Creek102600096Primary Contact Recreation
Start Printed Page 40456
Happy Creek1026000925Primary Contact Recreation
Paradise Creek102600095Primary Contact Recreation
Salt Creek1026000920Primary Contact Recreation
Spring Creek, East1026000910Primary Contact Recreation
Sweetwater Creek1026000929Primary Contact Recreation
Trego Creek1026000919Primary Contact Recreation
Unnamed Stream1026000913Primary Contact Recreation
Wild Horse Creek1026000927Primary Contact Recreation
Subbasin: Lower Saline
Bacon Creek102600107Primary Contact Recreation
Blue Stem Creek1026001033Primary Contact Recreation
Coon Creek1026001031Primary Contact Recreation
Dry Creek1026001029Secondary Contact Recreation
Eff Creek1026001023Primary Contact Recreation
Elkhorn Creek1026001017Primary Contact Recreation
Elkhorn Creek, West1026001038Primary Contact Recreation
Fourmile Creek1026001030Primary Contact Recreation
Lost Creek1026001034Secondary Contact Recreation
Owl Creek1026001018Primary Contact Recreation
Owl Creek1026001039Primary Contact Recreation
Ralston Creek1026001028Primary Contact Recreation
Shaw Creek1026001041Primary Contact Recreation
Spillman Creek102600106Primary Contact Recreation
Spillman Creek, North Branch102600108Primary Contact Recreation
Spring Creek1026001016Primary Contact Recreation
Spring Creek1026001019Primary Contact Recreation
Spring Creek1026001020Primary Contact Recreation
Spring Creek1026001024Primary Contact Recreation
Spring Creek1026001026Primary Contact Recreation
Spring Creek1026001027Primary Contact Recreation
Table Rock Creek1026001040Primary Contact Recreation
Trail Creek1026001032Secondary Contact Recreation
Twelvemile Creek1026001036Primary Contact Recreation
Twin Creek, West1026001037Secondary Contact Recreation
West Spring Creek1026001025Primary Contact Recreation
Wolf Creek1026001010Primary Contact Recreation
Wolf Creek, East Fork1026001011Primary Contact Recreation
Wolf Creek, West Fork1026001012Primary Contact Recreation
Yauger Creek1026001035Primary Contact Recreation
Basin: Solomon
Subbasin: Upper North Fork Solomon
Ash Creek1026001124Primary Contact Recreation
Beaver Creek1026001123Primary Contact Recreation
Big Timber Creek102600118Primary Contact Recreation
Bow Creek1026001115Primary Contact Recreation
Cactus Creek1026001128Primary Contact Recreation
Crooked Creek102600116Primary Contact Recreation
Elk Creek1026001112Primary Contact Recreation
Elk Creek, East1026001125Primary Contact Recreation
Game Creek1026001110Primary Contact Recreation
Game Creek1026001127Primary Contact Recreation
Lost Creek1026001120Primary Contact Recreation
Sand Creek1026001126Primary Contact Recreation
Scull Creek1026001121Primary Contact Recreation
Spring Creek1026001119Primary Contact Recreation
Wolf Creek1026001122Primary Contact Recreation
Subbasin: Lower North Fork Solomon
Beaver Creek1026001210Primary Contact Recreation
Beaver Creek, East Branch1026001211Primary Contact Recreation
Beaver Creek, Middle1026001212Primary Contact Recreation
Beaver Creek, Middle1026001213Primary Contact Recreation
Beaver Creek, West1026001214Secondary Contact Recreation
Big Creek1026001226Primary Contact Recreation
Boughton Creek1026001234Primary Contact Recreation
Buck Creek1026001243Secondary Contact Recreation
Cedar Creek1026001216Primary Contact Recreation
Cedar Creek1026001218Primary Contact Recreation
Cedar Creek, East1026001217Primary Contact Recreation
Start Printed Page 40457
Cedar Creek, East Middle1026001237Primary Contact Recreation
Cedar Creek, Middle1026001219Secondary Contact Recreation
Deer Creek1026001223Primary Contact Recreation
Deer Creek1026001225Primary Contact Recreation
Deer Creek1026001227Primary Contact Recreation
Deer Creek1026001229Primary Contact Recreation
Deer Creek1026001231Primary Contact Recreation
Dry Creek1026001242Primary Contact Recreation
Glen Rock Creek1026001241Primary Contact Recreation
Lawrence Creek1026001244Primary Contact Recreation
Lindley Creek1026001245Primary Contact Recreation
Little Oak Creek102600123Primary Contact Recreation
Medicine Creek1026001233Primary Contact Recreation
Oak Creek102600122Primary Contact Recreation
Oak Creek102600124Primary Contact Recreation
Oak Creek, East1026001240Primary Contact Recreation
Oak Creek, West1026001239Secondary Contact Recreation
Plotner Creek1026001230Primary Contact Recreation
Plum Creek1026001220Primary Contact Recreation
Spring Creek102600128Secondary Contact Recreation
Spring Creek1026001228Secondary Contact Recreation
Starvation Creek1026001238Primary Contact Recreation
Turner Creek1026001224Primary Contact Recreation
Subbasin: Upper South Fork Solomon
Spring Creek102600135Primary Contact Recreation
Subbasin: Lower South Fork Solomon
Ash Creek1026001422Primary Contact Recreation
Boxelder Creek1026001414Primary Contact Recreation
Carr Creek1026001421Primary Contact Recreation
Covert Creek1026001419Primary Contact Recreation
Crooked Creek1026001427Primary Contact Recreation
Dibble Creek1026001423Primary Contact Recreation
Elm Creek1026001415Primary Contact Recreation
Jim Creek1026001425Primary Contact Recreation
Kill Creek1026001418Primary Contact Recreation
Kill Creek, East1026001428Primary Contact Recreation
Lost Creek1026001413Primary Contact Recreation
Lucky Creek1026001426Primary Contact Recreation
Medicine Creek1026001416Primary Contact Recreation
Medicine Creek1026001417Primary Contact Recreation
Robbers Roost Creek1026001424Primary Contact Recreation
Twin Creek1026001420Primary Contact Recreation
Twin Creek, East1026001429Primary Contact Recreation
Subbasin: Solomon River
Cow Creek1026001528Primary Contact Recreation
Fifth Creek1026001545Secondary Contact Recreation
Granite Creek1026001524Secondary Contact Recreation
Leban Creek1026001541Secondary Contact Recreation
Mill Creek1026001538Secondary Contact Recreation
Mulberry Creek1026001536Secondary Contact Recreation
Pipe Creek102600159Primary Contact Recreation
Walnut Creek1026001526Secondary Contact Recreation
Basin: Upper Arkansas
Subbasin: Buckner
Buckner Creek, South Fork110300066Primary Contact Recreation
Duck Creek110300068Secondary Contact Recreation
Elm Creek110300065Primary Contact Recreation
Saw Log Creek110300063Primary Contact Recreation
Saw Log Creek110300064Secondary Contact Recreation
Subbasin: Lower Walnut Creek
Alexander Dry Creek110300087Secondary Contact Recreation
Bazine Creek110300089Secondary Contact Recreation
Boot Creek1103000815Secondary Contact Recreation
Dry Creek1103000814Secondary Contact Recreation
Start Printed Page 40458
Dry Walnut Creek1103000813Secondary Contact Recreation
Otter Creek1103000812Primary Contact Recreation
Sand Creek110300083Secondary Contact Recreation
Sandy Creek1103000811Secondary Contact Recreation
Walnut Creek110300081Primary Contact Recreation
Walnut Creek110300082Primary Contact Recreation
Walnut Creek110300084Primary Contact Recreation
Basin: Upper Republican
Subbasin: South Fork Republican
Big Timber Creek1025000361Secondary Contact Recreation
Subbasin: Beaver
Beaver Creek102500142Secondary Contact Recreation
Basin: Verdigris
Subbasin: Upper Verdigris
Bachelor Creek1107010121Primary Contact Recreation
Bernard Creek1107010124Secondary Contact Recreation
Big Cedar Creek1107010139Primary Contact Recreation
Brazil Creek1107010131Primary Contact Recreation
Buffalo Creek110701012Primary Contact Recreation
Buffalo Creek, West1107010134Primary Contact Recreation
Cedar Creek1107010132Primary Contact Recreation
Chetopa Creek1107010122Primary Contact Recreation
Crooked Creek1107010138Primary Contact Recreation
Dry Creek1107010127Primary Contact Recreation
Elder Branch1107010137Primary Contact Recreation
Fancy Creek1107010128Primary Contact Recreation
Greenhall Creek1107010126Primary Contact Recreation
Holderman Creek1107010147Primary Contact Recreation
Homer Creek1107010120Primary Contact Recreation
Kelly Branch1107010142Primary Contact Recreation
Kuntz Branch1107010129Primary Contact Recreation
Little Sandy Creek1107010133Primary Contact Recreation
Long Creek1107010145Primary Contact Recreation
Miller Creek1107010130Primary Contact Recreation
Moon Branch1107010143Primary Contact Recreation
Onion Creek1107010123Primary Contact Recreation
Rock Creek1107010114Primary Contact Recreation
Ross Branch1107010135Primary Contact Recreation
Sandy Creek110701014Primary Contact Recreation
Shaw Creek1107010140Primary Contact Recreation
Slate Creek1107010125Primary Contact Recreation
Snake Creek1107010136Primary Contact Recreation
Tate Branch Creek1107010144Primary Contact Recreation
Van Horn Creek1107010146Primary Contact Recreation
Verdigris River, Bernard Branch1107010116Primary Contact Recreation
Verdigris River, North Branch1107010113Primary Contact Recreation
Verdigris River, North Branch1107010115Primary Contact Recreation
Walnut Creek1107010119Primary Contact Recreation
West Creek1107010117Primary Contact Recreation
Wolf Creek1107010141Primary Contact Recreation
Subbasin: Fall
Battle Creek1107010218Primary Contact Recreation
Burnt Creek1107010224Primary Contact Recreation
Clear Creek1107010237Primary Contact Recreation
Coon Creek1107010225Primary Contact Recreation
Coon Creek1107010236Primary Contact Recreation
Crain Creek1107010232Primary Contact Recreation
Honey Creek1107010226Primary Contact Recreation
Indian Creek1107010215Primary Contact Recreation
Ivanpah Creek1107010219Primary Contact Recreation
Kitty Creek1107010227Primary Contact Recreation
Little Indian Creek1107010234Primary Contact Recreation
Little Salt Creek1107010235Primary Contact Recreation
Oleson Creek1107010221Primary Contact Recreation
Otis Creek1107010220Primary Contact Recreation
Plum Creek1107010230Primary Contact Recreation
Start Printed Page 40459
Rainbow Creek, East1107010217Primary Contact Recreation
Salt Creek1107010214Primary Contact Recreation
Salt Creek1107010238Primary Contact Recreation
Silver Creek1107010233Primary Contact Recreation
Snake Creek1107010231Primary Contact Recreation
Spring Creek1107010212Primary Contact Recreation
Swing Creek11070102989Primary Contact Recreation
Tadpole Creek1107010229Primary Contact Recreation
Watson Branch1107010223Primary Contact Recreation
Subbasin: Middle Verdigris
Big Creek1107010321Primary Contact Recreation
Biscuit Creek1107010353Primary Contact Recreation
Bluff Run1107010354Primary Contact Recreation
Choteau Creek1107010363Primary Contact Recreation
Claymore Creek1107010350Primary Contact Recreation
Deadman Creek1107010357Primary Contact Recreation
Deer Creek1107010351Primary Contact Recreation
Drum Creek1107010334Primary Contact Recreation
Dry Creek1107010337Primary Contact Recreation
Fawn Creek1107010356Primary Contact Recreation
Mud Creek1107010359Primary Contact Recreation
Onion Creek1107010339Primary Contact Recreation
Potato Creek1107010331Primary Contact Recreation
Prior Creek1107010362Primary Contact Recreation
Pumpkin Creek1107010328Primary Contact Recreation
Richland Creek1107010349Primary Contact Recreation
Rock Creek1107010358Primary Contact Recreation
Rock Creek1107010361Primary Contact Recreation
Snow Creek1107010325Primary Contact Recreation
Spring Creek1107010355Primary Contact Recreation
Sycamore Creek1107010352Primary Contact Recreation
Wildcat Creek1107010360Primary Contact Recreation
Subbasin: Elk
Bachelor Creek1107010425Primary Contact Recreation
Bloody Run1107010426Primary Contact Recreation
Bull Creek1107010433Primary Contact Recreation
Card Creek1107010419Primary Contact Recreation
Chetopa Creek1107010418Primary Contact Recreation
Clear Creek1107010430Primary Contact Recreation
Clear Creek1107010432Primary Contact Recreation
Coffey Branch1107010420Primary Contact Recreation
Duck Creek110701043Primary Contact Recreation
Elk River, Mound Branch1107010415Primary Contact Recreation
Elk River, South Branch1107010438Primary Contact Recreation
Elk River, Rowe Branch1107010439Primary Contact Recreation
Elm Branch1107010423Primary Contact Recreation
Hickory Creek1107010428Primary Contact Recreation
Hitchen Creek110701047Primary Contact Recreation
Hitchen Creek, East1107010435Primary Contact Recreation
Little Duck Creek1107010424Primary Contact Recreation
Little Hitchen Creek1107010437Primary Contact Recreation
Painterhood Creek110701045Primary Contact Recreation
Painterhood Creek, East1107010436Primary Contact Recreation
Pan Creek1107010427Primary Contact Recreation
Pawpaw Creek1107010411Primary Contact Recreation
Racket Creek1107010421Primary Contact Recreation
Rock Creek1107010413Primary Contact Recreation
Salt Creek1107010417Primary Contact Recreation
Salt Creek, South1107010429Primary Contact Recreation
Skull Creek1107010431Primary Contact Recreation
Snake Creek1107010434Primary Contact Recreation
Sycamore Creek1107010422Primary Contact Recreation
Wildcat Creek1107010416Primary Contact Recreation
Subbasin: Caney
Bachelor Creek1107010647Primary Contact Recreation
Bee Creek110701069Primary Contact Recreation
California Creek1107010648Primary Contact Recreation
Caney Creek1107010612Primary Contact Recreation
Start Printed Page 40460
Caney River, East Fork1107010652Primary Contact Recreation
Caney Creek, North1107010611Primary Contact Recreation
Cedar Creek1107010630Primary Contact Recreation
Cedar Creek1107010632Primary Contact Recreation
Cheyenne Creek1107010640Primary Contact Recreation
Coon Creek1107010636Primary Contact Recreation
Corum Creek1107010651Primary Contact Recreation
Cotton Creek1107010638Primary Contact Recreation
Cotton Creek, North Fork1107010637Primary Contact Recreation
Dry Creek1107010629Primary Contact Recreation
Fly Creek1107010646Primary Contact Recreation
Illinois Creek1107010639Primary Contact Recreation
Jim Creek1107010649Primary Contact Recreation
Lake Creek1107010634Primary Contact Recreation
Otter Creek1107010633Primary Contact Recreation
Pool Creek1107010643Primary Contact Recreation
Possum Trot Creek1107010674Primary Contact Recreation
Rock Creek1107010628Primary Contact Recreation
Spring Creek1107010644Primary Contact Recreation
Spring Creek1107010653Primary Contact Recreation
Squaw Creek1107010642Primary Contact Recreation
Sycamore Creek1107010631Primary Contact Recreation
Turkey Creek1107010645Primary Contact Recreation
Union Creek1107010641Primary Contact Recreation
Wolf Creek1107010635Primary Contact Recreation
Wolf Creek1107010650Primary Contact Recreation
Basin: Walnut
Subbasin: Upper Walnut River
Badger Creek1103001736Primary Contact Recreation
Bemis Creek110300178Primary Contact Recreation
Cole Creek1103001715Primary Contact Recreation
Constant Creek1103001741Primary Contact Recreation
Dry Creek1103001727Primary Contact Recreation
Dry Creek1103001732Primary Contact Recreation
Durechen Creek1103001712Primary Contact Recreation
Elm Creek1103001743Primary Contact Recreation
Fourmile Creek1103001720Primary Contact Recreation
Gilmore Branch1103001739Primary Contact Recreation
Gypsum Creek1103001730Primary Contact Recreation
Henry Creek1103001733Primary Contact Recreation
Lower Branch1103001742Primary Contact Recreation
Prairie Creek1103001735Primary Contact Recreation
Rock Creek1103001737Primary Contact Recreation
Sand Creek1103001729Primary Contact Recreation
Satchel Creek1103001710Primary Contact Recreation
School Branch1103001745Primary Contact Recreation
Sutton Creek1103001740Primary Contact Recreation
Walnut Creek1103001744Primary Contact Recreation
Whitewater Creek1103001734Primary Contact Recreation
Whitewater Creek, East Branch1103001731Primary Contact Recreation
Whitewater River, East Branch1103001722Primary Contact Recreation
Whitewater River, West Branch1103001724Primary Contact Recreation
Whitewater River, West Branch1103001725Primary Contact Recreation
Wildcat Creek1103001726Primary Contact Recreation
Wildcat Creek, West1103001728Primary Contact Recreation
Subbasin: Lower Walnut River
Black Crook Creek1103001818Primary Contact Recreation
Cedar Creek1103001819Secondary Contact Recreation
Chigger Creek1103001821Primary Contact Recreation
Crooked Creek1103001831Primary Contact Recreation
Durham Creek1103001823Primary Contact Recreation
Dutch Creek110300182Primary Contact Recreation
Dutch Creek110300184Primary Contact Recreation
Eightmile Creek1103001830Primary Contact Recreation
Foos Creek1103001826Primary Contact Recreation
Hickory Creek1103001812Primary Contact Recreation
Honey Creek1103001833Primary Contact Recreation
Little Dutch Creek1103001827Primary Contact Recreation
Lower Dutch Creek1103001820Primary Contact Recreation
Plum Creek1103001836Primary Contact Recreation
Start Printed Page 40461
Polecat Creek1103001817Primary Contact Recreation
Posey Creek1103001837Primary Contact Recreation
Richland Creek1103001825Primary Contact Recreation
Rock Creek, North Branch1103001835Primary Contact Recreation
Sanford Creek1103001829Primary Contact Recreation
Spring Branch1103001832Primary Contact Recreation
Stalter Branch1103001824Primary Contact Recreation
Stewart Creek1103001828Primary Contact Recreation
Swisher Branch1103001822Primary Contact Recreation
Total = 1186
Lake nameCountyDesignated use
Basin: Cimarron
Subbasin: Upper Cimarron (HUC 11040002)
Moss Lake EastMORTONPrimary Contact Recreation
Moss Lake WestMORTONPrimary Contact Recreation
Subbasin: North Fork Cimarron (HUC 11040006)
Russell LakeSTEVENSPrimary Contact Recreation
Subbasin: Upper Cimarron-Bluff (HUC 11040008)
Clark State Fishing LakeCLARKPrimary Contact Recreation
Saint Jacob's WellCLARKPrimary Contact Recreation
Basin: Kansas/Lower Republican
Subbasin: Middle Republican (HUC 10250016)
Lake JewellJEWELLPrimary Contact Recreation
Subbasin: Lower Republican (HUC 10250017)
Belleville City LakeREPUBLICPrimary Contact Recreation
Wakefield LakeCLAYPrimary Contact Recreation
Subbasin: Middle Kansas (HUC 10270102)
Alma City ReservoirWABAUNSEEPrimary Contact Recreation
Cedar Crest PondSHAWNEEPrimary Contact Recreation
Central Park LakeSHAWNEEPrimary Contact Recreation
Gage Park LakeSHAWNEEPrimary Contact Recreation
Jeffrey Energy Center LakesPOTTAWATOMIEPrimary Contact Recreation
Subbasin: Delaware (HUC 10270103)
Atchison County Park LakeATCHISONPrimary Contact Recreation
Little LakeBROWNPrimary Contact Recreation
Subbasin: Lower Kansas (HUC 10270104)
Douglas County State LakeDOUGLASPrimary Contact Recreation
Lenexa LakeJOHNSONPrimary Contact Recreation
Mahaffie Farmstead PondJOHNSONPrimary Contact Recreation
Pierson Park LakeWYANDOTTEPrimary Contact Recreation
Waterworks LakesJOHNSONPrimary Contact Recreation
Subbasin: Lower Big Blue (HUC 10270205)
Lake IdlewildMARSHALLPrimary Contact Recreation
Subbasin: Lower Little Blue (HUC 10270207)
Washington County State Fishing LakeWASHINGTONPrimary Contact Recreation
Basin: Lower Arkansas
Subbasin: Rattlesnake (HUC 11030009)
Kiowa County State Fishing LakeKIOWAPrimary Contact Recreation
Start Printed Page 40462
Subbasin: Cow (HUC 11030011)
Barton LakeBARTONPrimary Contact Recreation
Sterling City LakeRICEPrimary Contact Recreation
Subbasin: Little Arkansas (HUC 11030012)
Dillon Park Lakes #1RENOPrimary Contact Recreation
Dillon Park Lake #2RENOPrimary Contact Recreation
Newton City Park LakeHARVEYPrimary Contact Recreation
Subbasin: Middle Arkansas-Slate (HUC 11030013)
Belaire LakeSEDGWICKPrimary Contact Recreation
Buffalo Park LakeSEDGWICKPrimary Contact Recreation
Emery ParkSEDGWICKPrimary Contact Recreation
Harrison Park LakeSEDGWICKPrimary Contact Recreation
Riggs Park LakeSEDGWICKPrimary Contact Recreation
Subbasin: South Fork Ninnescah (HUC 11030015)
Lemon Park LakePRATTPrimary Contact Recreation
Subbasin: Medicine Lodge (HUC 11060003)
Barber County State Fishing LakeBARBERPrimary Contact Recreation
Subbasin: Lower Salt Fork Arkansas (HUC 11060004)
Hargis LakeBARBERPrimary Contact Recreation
Basin: Marais Des Cygnes
Subbasin: Upper Marais Des Cygnes (HUC 10290101)
Allen City LakeLYONPrimary Contact Recreation
Cedar Creek LakeANDERSONPrimary Contact Recreation
Crystal LakeANDERSONPrimary Contact Recreation
Lyon County State Fishing LakeLYONPrimary Contact Recreation
Osage City ReservoirOSAGEPrimary Contact Recreation
Waterworks ImpoundmentANDERSONPrimary Contact Recreation
Subbasin: Lower Marais Des Cygnes (HUC 10290102)
Edgerton City LakeJOHNSONPrimary Contact Recreation
Edgerton South LakeJOHNSONPrimary Contact Recreation
Lake LaCygneLINNPrimary Contact Recreation
Louisburg State Fishing LakeMIAMIPrimary Contact Recreation
Miami County State Fishing LakeMIAMIPrimary Contact Recreation
Paola City LakeMIAMIPrimary Contact Recreation
Pleasanton Lake #1LINNPrimary Contact Recreation
Pleasanton Lake #2LINNPrimary Contact Recreation
Spring Hill City LakeJOHNSONPrimary Contact Recreation
Subbasin: Marmaton (HUC 10290104)
Gunn Park Lake, EastBOURBONPrimary Contact Recreation
Gunn Park Lake, WestBOURBONPrimary Contact Recreation
Rock Creek LakeBOURBONPrimary Contact Recreation
Basin: Missouri
Subbasin: South Fork Big Nemaha (HUC 10240007)
Pony Creek LakeNEMAHAPrimary Contact Recreation
Sabetha City LakeNEMAHAPrimary Contact Recreation
Subbasin: Independence-Sugar (HUC 10240011)
Atchison City LakesATCHISONPrimary Contact Recreation
Big Eleven LakeWYANDOTTEPrimary Contact Recreation
Doniphan Fair Association LakeDONIPHANPrimary Contact Recreation
Jerrys LakeLEAVENWORTHPrimary Contact Recreation
Lansing City LakeLEAVENWORTHPrimary Contact Recreation
South Park LakeLEAVENWORTHPrimary Contact Recreation
Start Printed Page 40463
Subbasin: Lower Missouri-Crooked (HUC 10300101)
Prairie View ParkJOHNSONPrimary Contact Recreation
South Park LakeJOHNSONPrimary Contact Recreation
Stanley Rural Water District Lake #2JOHNSONPrimary Contact Recreation
Stohl Park LakeJOHNSONPrimary Contact Recreation
Basin: Neosho
Subbasin: Lower Cottonwood (HUC 11070203)
Peter Pan PondLYONPrimary Contact Recreation
Subbasin: Upper Neosho (HUC 11070204)
Chanute City (Santa Fe) LakeNEOSHOPrimary Contact Recreation
Leonard's LakeWOODSONPrimary Contact Recreation
Subbasin: Middle Neosho (HUC 11070205)
Altamont City Lake #1LABETTEPrimary Contact Recreation
Bartlett City LakeLABETTEPrimary Contact Recreation
Harmon Wildlife Area LakesLABETTEPrimary Contact Recreation
Mined Land Wildlife Area LakesCHEROKEEPrimary Contact Recreation
Timber LakeNEOSHOPrimary Contact Recreation
Subbasin: Spring (HUC 11070207)
Empire LakeCHEROKEEPrimary Contact Recreation
Frontenac City ParkCRAWFORDPrimary Contact Recreation
Mined Land Wildlife Area LakesCRAWFORDPrimary Contact Recreation
Pittsburg College LakeCRAWFORDPrimary Contact Recreation
Playters LakeCRAWFORDPrimary Contact Recreation
Basin: Smoky Hill/Saline
Subbasin: Lower Smoky Hill (HUC 10260008)
Herington City Park LakeDICKINSONPrimary Contact Recreation
Herington ReservoirDICKINSONPrimary Contact Recreation
Basin: Solomon
Subbasin: Lower North Fork Solomon (HUC 10260012)
Francis Wachs Wildlife Area LakesSMITHPrimary Contact Recreation
Subbasin: Solomon River (HUC 10260015)
Jewell County State Fishing LakeJEWELLPrimary Contact Recreation
Ottawa County State Fishing LakeOTTAWAPrimary Contact Recreation
Basin: Upper Arkansas
Subbasin: Middle Arkansas-Lake McKinney (HUC 11030001)
Lake McKinneyKEARNYPrimary Contact Recreation
Subbasin: Arkansas-Dodge City (HUC 11030003)
Lake CharlesFORDPrimary Contact Recreation
Subbasin: Pawnee (HUC 11030005)
Concannon State Fishing LakeFINNEYPrimary Contact Recreation
Finney County Game Refuge LakesFINNEYPrimary Contact Recreation
Subbasin: Buckner (HUC 11030006)
Ford County LakeFORDPrimary Contact Recreation
Hain State Fishing LakeFORDPrimary Contact Recreation
Subbasin: Upper Walnut Creek (HUC 11030007)
Goodman State Fishing LakeNESSPrimary Contact Recreation
Subbasin: Lower Walnut Creek (HUC 11030008)
Memorial Park LakeBARTONPrimary Contact Recreation
Start Printed Page 40464
Stone LakeBARTONPrimary Contact Recreation
Basin: Verdigris
Subbasin: Upper Verdigris (HUC 11070101)
Quarry LakeWILSONPrimary Contact Recreation
Thayer New City LakeNEOSHOPrimary Contact Recreation
Subbasin: Middle Verdigris (HUC 11070103)
La Claire LakeMONTGOMERYPrimary Contact Recreation
Pfister Park LakesMONTGOMERYPrimary Contact Recreation
Subbasin: Caney (HUC 11070106)
Caney City LakeCHAUTAUQUAPrimary Contact Recreation
Basin: Walnut
Subbasin: Lower Walnut River (HUC 11030018)
Butler County State Fishing LakeBUTLERPrimary Contact Recreation
Winfield Park LagoonCOWLEYPrimary Contact Recreation
Total = 100

(c) Water quality standard variances. (1) The Regional Administrator, EPA Region 7, is authorized to grant variances from the water quality standards in paragraphs (a) and (b) of this section where the requirements of this paragraph (c) are met. A water quality standard variance applies only to the permittee requesting the variance and only to the pollutant or pollutants specified in the variance; the underlying water quality standard otherwise remains in effect.

(2) A water quality standard variance shall not be granted if:

(i) Standards will be attained by implementing effluent limitations required under sections 301(b) and 306 of the CWA and by the permittee implementing reasonable best management practices for nonpoint source control; or

(ii) The variance would likely jeopardize the continued existence of any threatened or endangered species listed under section 4 of the Endangered Species Act or result in the destruction or adverse modification of such species' critical habitat.

(3) Subject to paragraph (c)(2) of this section, a water quality standards variance may be granted if the applicant demonstrates to EPA that attaining the water quality standard is not feasible because:

(i) Naturally occurring pollutant concentrations prevent the attainment of the use; or

(ii) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or

(iii) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; or

(iv) Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way which would result in the attainment of the use; or

(v) Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like unrelated to water quality, preclude attainment of aquatic life protection uses; or

(vi) Controls more stringent than those required by sections 301(b) and 306 of the CWA would result in substantial and widespread economic and social impact.

(4) Procedures. An applicant for a water quality standards variance shall submit a request to the Regional Administrator of EPA Region 7. The application shall include all relevant information showing that the requirements for a variance have been satisfied. The burden is on the applicant to demonstrate to EPA's satisfaction that the designated use is unattainable for one of the reasons specified in paragraph (c)(3) of this section. If the Regional Administrator preliminarily determines that grounds exist for granting a variance, he shall provide public notice of the proposed variance and provide an opportunity for public comment. Any activities required as a condition of the Regional Administrator's granting of a variance shall be included as conditions of the NPDES permit for the applicant. These terms and conditions shall be incorporated into the applicant's NPDES permit through the permit reissuance process or through a modification of the permit pursuant to the applicable permit modification provisions of Kansas' NPDES program

(5) A variance may not exceed 3 years or the term of the NPDES permit, whichever is less. A variance may be renewed if the applicant reapplies and demonstrates that the use in question is still not attainable. Renewal of the variance may be denied if the applicant did not comply with the conditions of the original variance, or otherwise does not meet the requirements of this section.

End Supplemental Information

[FR Doc. 03-16924 Filed 7-3-03; 8:45 am]

BILLING CODE 6560-50-U