Clean Water Act Section 303(d): Availability of Proposed Determinations That Total Maximum Daily Loads (TMDLs) Are Not Needed

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Federal RegisterDec 18, 2000
65 Fed. Reg. 79100 (Dec. 18, 2000)

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of availability.

SUMMARY:

This notice announces the availability for comment EPA proposed determinations that TMDLs are not needed for 54 waterbody/pollutant combinations in the Mermenatu and Vermilion/Teche river basins. EPA prepared the proposed determinations in response to a Court Order dated October 1, 1999, in the lawsuit Sierra Club, et al. v. Clifford et al., No. 96-0527, (E.D. La.). Under this court order, EPA is required to prepare TMDLs when needed for waters on the Louisiana 1998 section 303(d) list by December 31, 2007. EPA is also required to add or delete waters to the schedule as new data confirms that waters are or are not meeting water quality standards.

DATES:

Comments on the 54 proposed determinations that TMDLs are not needed must be submitted in writing to EPA on or before January 17, 2001.

ADDRESSES:

Comments on the proposed determinations should be sent to Ellen Caldwell, Environmental Protection Specialist, Water Quality Protection Division, U.S. Environmental Protection Agency Region 6, 1445 Ross Ave., Dallas, TX 75202-2733. For further information, contact Ellen Caldwell at (214) 665-7513. The administrative record file for the proposed determinations is available for public inspection at this address as well. The administrative record file may be viewed at www.epa.gov/region6/water/tmdl.htm,, or obtained by calling or writing Ms. Caldwell at the above address. Please contact Ms. Caldwell to schedule an inspection.

FOR FURTHER INFORMATION CONTACT:

Ellen Caldwell at (214) 665-7513.

SUPPLEMENTARY INFORMATION:

In 1996, two Louisiana environmental groups, the Sierra Club and Louisiana Environmental Action Network (plaintiffs), filed a lawsuit in Federal Court against the United States Environmental Protection Agency (EPA), styled Sierra Club, et al. v. Clifford et al., No. 96-0527, (E.D. La.). Among other claims, plaintiffs alleged that EPA failed to establish Louisiana TMDLs in a timely manner. Discussion of the court's order may be found at 65 FR 54032 (September 6, 2000).

EPA Seeks Comments on 54 Proposed Determinations That TMDLs Are Not Necessary

Waterbody Waterbody description Suspected pollutant Reason for delisting
050101 Bayou Des Cannes—Headwaters to Mermentau Turbidity Assessment of new data and information shows it is meeting Water Quality Standards (WQS).
050102 Bayou Joe Marcel Turbidity Assessment of new data and information show it is meeting WQS.
050103 Bayou Mallet Turbidity Assessment of new data and information show it is meeting WQS.
050201 Bayou Plaquemine Brule—Headwaters to Bayou Des Cannes Chlorides Sulfates Assessment of new data and information show it is meeting WQS.
050301 Bayou Nezpique—Headwaters to Mermentau River Turbidity Assessment of new data and information show it is meeting WQS.
050401 Mermentau River—Origin To Lake Arthur Turbidity Assessment of new data and information show it is meeting WQS.
050402 Lake Arthur and Lower Mermentau Turbidity Assessment of new data and information shows it is meeting WQS.
050501 Bayou Que de Tortue—Headwaters to Mermentau River Chlorides Sulfates Phosphorus Assessment of new data and information shows it is it meeting WQS.
050602 Intracoastal Waterway Turbidity Assessment of new data and information shows it is meeting WQS.
050701 Grand Lake Turbidity Assessment of new data and information shows it is meeting WQS.
050702 Intracoastal Waterway Turbidity Assessment of new data and information shows it is meeting WQS.
050703 White Lake Sulfates Assessment of new data and information shows it is meeting WQS.
050901 Bays and Gulf Waters to State 3-mile Limit Turbidity Assessment of new data and information shows it is meeting WQS.
060202 Bayou Cocodrie Turbidity Assessment of new data and information shows it is meeting WQS.
060203 Chicot Lake Turbidity Assessment of new data and information shows it is meeting WQS.
060204 Bayou Courtableau—Origin to West Atchafalaya Borrow Pit Canal Chlorides Turbidity Assessment of new data and information shows it is meeting WQS.
060205 Bayou Teche—Headwaters at Bayou Courtableau to I-10 Turbidity Assessment of new data and information shows it is meeting WQS.
060207 Bayou des Glaises Diversion Channel Turbidity Assessment of new data and information shows it is meeting WQS.
060208 Bayou Boeuf—Headwaters to Bayou Courtableau Chlorides Sulfates Turbidity Assessment of new data and information shows it is meeting WQS.
060209 Irish Ditch/Big Bayou—Unnamed Ditch to Irish Ditch Salinity/TDS Chlorides Sulfates Assessment of new data and information shows it is meeting WQS.
060210 Bayou Carron Turbidity Assessment of new data and information shows it is meeting WQS.
060211 West Atchafalaya Borrow Pit Canal Chlorides Turbidity Assessment of new data and information shows it is meeting WQS.
060212 Chatlin Lake Canal and Bayou DuLac Turbidity Assessment of new data and information shows it is meeting WQS.
060401 Bayou Teche—Keystone Locks and Dam to Charenton Canal Turbidity Assessment of new data and information shows it is meeting WQS.
060501 Bayou Teche—Charenton Canal to Wax Lake Outlet Turbidity Assessment of new data and information shows it is meeting WQS.
060601 Charenton Canal Turbidity Assessment of new data and information shows it is meeting WQS.
060701 Tete Bayou Turbidity Assessment of new data and information shows it is meeting WQS.
060702 Lake Fausse Point and Dauterive Lake Turbidity Assessment of new data and information shows it is meeting WQS.
060703 Bayou du Portage Turbidity Assessment of new data and information shows it is meeting WQS.
060801 Vermilion River—Head-waters at Bayou Fusilier—Bourbeaux Junction to New Flanders (Ambassador Caffery Bridge at Hwy 3073) Chlorides Salinity/TDS Turbidity Assessment of new data and information shows it is meeting WQS.
060802 Vermilion River—From New Flanders (Ambassador Caffery Bridge at Hwy 3073) To Intracoastal Waterway Salinity/TDS Chlorides Temp. Turbidity Assessment of new data and information shows it is meeting WQS.
060803 Vermilion River Cutoff Turbidity Assessment of new data and information shows it is meeting WQS.
060804 Intracoastal Waterway Turbidity Assessment of new data and information shows it is meeting WQS.
060901 Bayou Petite Anse Turbidity Assessment of new data and information shows it is meeting WQS.
060902 Bayou Carlin (Delcambre Canal)—Lake Peigneur to Bayou Petite Anse (Estuarine) Turbidity Assessment of new data and information shows it is meeting WQS.
060903 Bayou Tigre Turbidity Assessment of new data and information shows it is meeting WQS.
060904 Vermilion River B890 Basin New Iberia Southern Drainage Canal Turbidity Assessment of new data and information shows it is meeting WQS.
060906 Intracoastal Waterway Turbidity Assessment of new data and information shows it is meeting WQS.
060909 Lake Peigneur Turbidity Assessment of new data and information shows it is meeting WQS.
061102 Intracoastal Waterway Turbidity Assessment of new data and information shows it is meeting WQS.

EPA requests that the public provide to EPA any water quality related data and information that may be relevant to the 54 proposed determinations that TMDLs are not necessary. EPA will review all data and information submitted during the public comment period and revise the determinations where appropriate.

Dated: November 27, 2000.

Sam Becker,

Acting Director, Water Quality Protection Division, Region 6.

[FR Doc. 00-32148 Filed 12-15-00; 8:45 am]

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