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

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Environmental Protection Agency (EPA).


Notice of availability


This notice announces the availability for comment of the administrative record file for forty-five TMDLs and the calculations for these TMDLs prepared by EPA Region 6 for waters listed in the Mermentau and Vermilion/Teche river basins, under section 303(d) of the Clean Water Act (CWA). These TMDLs were completed 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. The court order also requires EPA to add or delete waters to the schedule as new data confirms that waters are or are not meeting water quality standards.

This notice also announces the availability for comment of EPA determinations that TMDLs are not needed for six waterbody/pollutant combinations in the Mermentau and Vermilion/Teche river basins because new data and information show that water quality standards are being met. This proposed action would result in the removal of six waterbody/pollutant combinations from the Louisiana 303(d) list.


Comments must be submitted in writing to EPA on or before November 14, 2001.


Comments on the forty-five TMDLs and the determinations that TMDLs are not needed for six waterbody/pollutant combinations 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 these TMDLs and the determinations that TMDLs are not needed are available for public inspection at this address as well. Documents from the administrative record file may be viewed at​region6/​water/​tmdl.htm, or obtained by calling or writing Ms. Caldwell at the above address. Please contact Ms. Caldwell to schedule an inspection.

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Ellen Caldwell at (214) 665-7513.

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In 1996, two Louisiana environmental groups, the Sierra Club and Louisiana Environmental Action Network (plaintiffs), filed a lawsuit in Federal Court against the 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 Forty-five TMDLs

By this notice EPA is seeking comments on the following forty-five TMDLs for waters located within the Mermentau and Vermilion/Teche basins: Start Printed Page 52404

SubsegmentWaterbody namePollutant
050103Bayou MalletAmmonia, Nutrients, and Organic enrichment/low DO.
050402Lake Arthur and Lower MermentauAmmonia, Nutrients, and Organic enrichment/low DO.
050602Intracoastal WaterwayOrganic enrichment/low DO.
050603Bayou Chene-includes Bayou Grand MaraisOrganic enrichment/low DO.
050701Grand LakeNutrients, and Organic enrichment/low DO.
050702Intracoastal WaterwayNutrients, and Organic enrichment/low DO.
050802Big Constance Lake and Associated Waterbodies (Estuarine)Organic enrichment/low DO.
050901Mermentau River Basin Coastal Bays and Gulf Waters to State 3-mile limitNutrients, and Organic enrichment/low DO.
060207Bayou des Glaises Diversion ChannelNutrients, and Organic enrichment/low DO.
060209Irish Ditch/Big Bayou-unnamed Ditch to Irish Ditch (Ditch)Organic enrichment/low DO.
060210Bayou CarronNutrients, and Organic enrichment/low DO.
060211West Atchafalaya Borrow Pit CanalOrganic enrichment/low DO.
060212Chatlin Lake Canal and Bayou DuLacOrganic enrichment/low DO.
060601Charenton CanalNutrients, and Organic enrichment/low DO.
060701Tete BayouNutrients, and Organic enrichment/low DO.
060703Bayou du PortageOrganic enrichment/low DO.
060803Vermilion River CutoffNutrients, and Organic enrichment/low DO.
060901Bayou Petite AnseNutrients, and Organic enrichment/low DO.
060903Bayou TigreNutrients, and Organic enrichment/low DO.
060904Vermilion River B890 Basin New Iberia Southern Drainage CanalNutrients, and Organic enrichment/low DO.
060907Franklin CanalNutrients, and Organic enrichment/low DO.
060908Spanish LakeOrganic enrichment/low DO.
060909Lake PeigneurNutrients, and Organic enrichment/low DO.
060911Vermilion-Teche River Basin-(Dugas Canal)Nutrients, and Organic enrichment/low DO.
061001West Cote Blanche BayOrganic enrichment/low DO.
061103Freshwater Bayou CanalNutrients, and Organic enrichment/low DO.

EPA Seeks Comments on Proposed Determinations That Six TMDLs for Waterbody/Pollutant Combinations Are Not Needed Due to Assesssment of New Data and Information That Shows They Are Meeting WQS

SubsegmentWaterbody namePollutant
050102Bayou Joe MarcelAmmonia, Nutrients, and Organic enrichment/low DO.
060906Intracoastal WaterwayNutrients.
061101Bayou Petite AnseNutrients.
060204Bayou Courtableau—origin to West Atchafalaya Borrow Pit CanalOil and Grease.

EPA requests that the public provide any water quality related data and information that may be relevant to the calculations for these forty-five TMDLs, or any other comments relevant to the six proposed determinations that TMDLs are not needed. EPA will review all data and information submitted during the public comment period and revise the TMDLs and determinations where appropriate. EPA will then forward the TMDLs to the Court and the Louisiana Department of Environmental Quality (LDEQ). LDEQ will incorporate the TMDLs into its current water quality management plan. EPA also will revise the Louisiana 303(d) list as appropriate.

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Dated: October 4, 2001.

Jayne Fontenot,

Acting Director, Water Quality Protection Division, Region 6.

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[FR Doc. 01-25738 Filed 10-12-01; 8:45 am]