[Federal Register Volume 68, Number 19 (Wednesday, January 29, 2003)]
[Notices]
[Pages 4490-4491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2038]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7445-3]


Clean Water Act Section 303(d): Notice Final Agency Action 
Withdrawing of 1 Total Maximum Daily Load (TMDL)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of withdrawal of 1 TMDL.

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    Subject: This notice announces EPA final action withdrawing of the 
TMDL for atrazine in the water column that EPA established pursuant to 
the Clean Water Act (``CWA'') section 303(d), for Louisiana subsegment 
080903, Big Creek from the confluence with the Boeuf River to the 
headwaters (including Big Colewa Bayou). EPA is withdrawing this TMDL 
because the draft criteria value for atrazine used in screening the 
waterbody to determine whether it meets Louisiana water quality 
standards and for calculation of allowable load allocations was draft 
only and had not been through the complete public notice process and 
had not been finalized. In place of the draft atrazine criteria number 
of 12 [mu]g/l, EPA is establishing a screening value of 36 [mu]g/l as 
calculated by one possible procedure found in Louisiana water quality 
standards (LAC 33:IX,1113.C.6). Based on this new screening value of 36 
[mu]g/l, Big Creek is not, and was not at the time EPA established this 
TMDL, impaired by atrazine and should not be listed on Louisiana's 
current CWA section 303(d) list for atrazine. Thus, EPA is withdrawing 
this TMDL.
    Background: EPA established this atrazine TMDL under CWA section 
303(d) on February 28, 2001, to satisfy a consent decree obligation in 
the lawsuit styled Sierra Club v. Clifford, Civ. No. 96-0527 (E.D. 
La.). The Waterbody subsegment 080903, Big Creek from the confluence 
with the Boeuf River to the headwaters (including Big Colewa Bayou) was 
listed on the Louisiana section 303(d) list of impaired waters as 
impaired due to pesticides, under the ``no toxics in toxic amounts'' 
narrative Louisiana water quality standard (LAC 33:IX,1113.B.5).
    Since the State of Louisiana does not have a numeric water quality 
criterion for the protection of aquatic life for atrazine, EPA derived 
a numeric

[[Page 4491]]

interpretation of the State of Louisiana's narrative water quality 
criterion for toxic substances using EPA's Draft Criteria Document for 
atrazine (Ambient Aquatic Life Water Quality Criteria for Atrazine--
Draft, EPA 822-D-010002, August 2001) and used that interpretation as 
the basis for establishing the Big Creek TMDL for atrazine.
    During the comment period for this TMDL, commenters submitted 
information stating that under Louisiana water quality standard 
provisions (LAC 33:IX,1113.C.6) it was not appropriate to use a draft 
criterion document value and that the Louisiana procedures should be 
used. EPA has evaluated these comments and has concluded that using the 
calculation procedure found in the Louisiana water quality standards 
provisions is more appropriate for establishing a screening value for 
atrazine in this particular case. Based on its modification of the 
screening value used for interpretation of Louisiana's narrative water 
quality criterion of ``no toxics in toxic amounts,'' EPA concluded that 
the applicable water quality standard for the Big Creek is not, and was 
not at the time EPA established this TMDL, exceeded for atrazine in the 
water column.
    Therefore, in the exercise of its discretion, EPA is withdrawing 
the Big Creek TMDL established in February 2001 for atrazine. Because 
Big Creek is not listed for atrazine on the Louisiana 303(d) list, LDEQ 
has no present obligation under the CWA to submit to EPA a TMDL for 
atrazine for Big Creek, nor does the CWA require EPA to maintain this 
TMDL. Three other TMDLs for Big Creek, DDT, carbofuran, and methyl 
parathion are not affected by this determination.

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

    Dated: December 20, 2002.
Jayne Fontenot,
Acting Director, Water Quality Protection Division, Region 6.
[FR Doc. 03-2038 Filed 1-28-03; 8:45 am]
BILLING CODE 6560-50-P