[Federal Register Volume 64, Number 228 (Monday, November 29, 1999)]
[Notices]
[Pages 66635-66636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30900]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6481-4]


Clean Water Act Section 303(d): Availability of List Submission

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: This document announces the availability of a Court Ordered 
Clean Water Act section 303(d) list and administrative record for the 
State of Louisiana, and requests public comment. On October 1, 1999, 
the Court issued a judgment in the following action (Sierra Club, et 
al. v. Clifford et al., No. 96-0527, (E.D. La. Oct. 1, 1999)). The 
judgment incorporates the Court's Orders (Dec. 3, 1998, and Oct. 1, 
1999) finding the Agency's approval of Louisiana's 1998 section 303(d) 
list arbitrary and capricious under the APA. The Court ordered EPA to 
disapprove the State list, establish a new section 303(d) list within 
30 days, and establish TMDLs for these listed waters.
    On October 28, 1999, EPA disapproved Louisiana's 1998 section 
303(d) list, and on November 1, 1999, submitted to the Court a Court 
Ordered section 303(d) list and administrative record. The Court 
Ordered list includes 349 waters and 1,711 pollutants of concern.

DATES: Comments must be submitted to EPA on or before December 29, 
1999.

ADDRESSES: Comments on the Court Ordered list 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. Copies of the Court Ordered list and the 
Decision Document concerning the Court Ordered section 303(d) list for 
Louisiana which explain the rationale for the list can be viewed at 
www.epa.gov/region6/water/tmdl.htm, or obtained by writing or calling 
Ms. Caldwell at the above address. Underlying documentation comprising 
the administrative record for this decision is available for public 
inspection at the above address.

FOR FURTHER INFORMATION CONTACT: Ellen Caldwell at (214) 665-7513.

SUPPLEMENTARY INFORMATION: In 1996, two Louisiana environmental groups, 
the Sierra Club and the Louisiana Environmental Action Network 
(Plaintiffs), filed suit in Federal court against the U.S. 
Environmental Protection Agency (EPA) for violations of the 
Administrative Procedure Act (APA) and section 303(d) of the Clean 
Water Act (CWA). The Plaintiffs alleged that EPA improperly approved 
Louisiana's section 303(d) lists, and failed to identify and list all 
Louisiana waters that did not satisfy water quality standards.
    On October 1, 1999, the Court issued a judgment in this action 
(Sierra Club, et al. v. Clifford et al., No. 96-0527, (E.D. La. Oct. 1, 
1999)). The judgment incorporates the Court's Orders (Dec. 3, 1998, and 
Oct. 1, 1999) finding the Agency's approval of Louisiana's 1998 section 
303(d) list arbitrary and capricious under the APA. The Court ordered 
EPA to:
    (a) To disapprove the 1998 list submitted by Louisiana; and
    (b) To file with the Court, within 30 days, a new list consistent 
with this order.
    (i) If defendants decide to delete any waters that were included in 
Louisiana's 1996 list, the new list decision must offer a reasoned 
explanation for the deletion. In addition, the decision must explain 
whether the agency is relying on Louisiana's section 305(b) report, the 
state's 1998 unified watershed assessment, and the state's metals data. 
If the defendants choose not to rely on any of these documents, the new 
list decision must include a reasoned explanation for that choice. If 
the defendants rely on any of these documents, the agency shall include 
them in the administrative record.
    (ii) In preparing the new list, the defendants shall, at a minimum, 
evaluate ``all existing and readily available'' data and information on 
the following waters:
    (A) Those identified as not meeting water quality standards in 
Louisiana's

[[Page 66636]]

1996 identification under section 303(d).
    (B) Those included on Louisiana's section 319 list of waters that 
do not meet water quality standards because of nonpoint source 
pollution.
    (C) Those contained in Louisiana's section 304(l) list of waters 
that do not meet water quality standards because of toxic pollution.
    (D) Those interstate waters in Louisiana that other states have 
previously identified as failing to meet water quality standards.
    (iii) In preparing the new list, the defendants shall include all 
waterbodies on Louisiana's section 319 and section 304(l) lists, unless 
it is demonstrated on the record that (1) a waterbody on the section 
319 or 304(l) list is meeting all applicable water quality standards, 
including numeric and narrative criteria and designated uses; or (2) 
if, upon re-examination, the original basis for listing is determined 
to be inaccurate.
    As mentioned earlier, this document announces the availability of a 
Court Ordered Clean Water Act section 303(d) list and administrative 
record for the State of Louisiana, and requests public comment. EPA's 
regulations provide for public participation where the Agency 
disapproves a State section 303(d) list and establishes a list itself. 
Pursuant to 40 CFR 130.7(d)(2) EPA is seeking comment on this Court 
Ordered section 303(d) list. Pursuant to the Court's Order, EPA added 
numerous waters because the Agency lacked data supporting a decision 
not to list. In addition, a few waterbody/pollutant combinations were 
not included on the Court Ordered list. This list was compiled on a 
very short time frame. EPA requests that the public bring to the 
Agency's attention any data or information warranting revision of this 
list. If such data or information is submitted during the public 
comment period, EPA may revise the Court Ordered section 303(d) list 
accordingly. After considering public comment and making any 
appropriate revisions, EPA will transmit the section 303(d) list to the 
Court, and to the Louisiana Department of Environmental Quality (LDEQ).

    Dated: November 19, 1999.
William B. Hathaway,
Director, Water Quality Protection Division, Region 6.
[FR Doc. 99-30900 Filed 11-26-99; 8:45 am]
BILLING CODE 6560-50-U