[Federal Register Volume 70, Number 130 (Friday, July 8, 2005)]
[Notices]
[Pages 39511-39512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13491]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7935-8]


Clean Water Act Section 303(d): Notice Final Agency Action 
Withdrawing Nine Total Maximum Daily Loads (TMDLs)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Withdrawal of nine TMDLs.

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    Subject: This notice announces EPA final action withdrawing nine 
TMDLs in the water column that EPA established pursuant to the Clean 
Water Act (``CWA'') section 303(d) in Louisiana. EPA is withdrawing 
these nine TMDLs because on September 22, 2003, Louisiana promulgated 
revisions to the Louisiana water quality standards regulations (LAC 
33:IX, 1123.C.1).
    Background: Louisiana revised its water quality standards for 
chloride, sulfate and TDS for subsegments 060204, 060211, and 060301; 
and for sulfate and TDS for subsegments 060801 and 060802 located in 
the Vermillion-

[[Page 39512]]

Teche River Basin that receive water diverted from the Atchafalaya 
River.
    The Louisiana Department of Environmental Quality (LDEQ) General 
Counsel certified these water quality standards revisions and submitted 
them to EPA on September 22, 2003. EPA received the revisions and 
certification on September 23, 2003, pursuant to 40 CFR 131.5, and EPA 
approved these revisions to the water quality standards (WQS) on 
December 22, 2003.
    The numeric criteria for chloride for subsegments 060204, 060211, 
and 060301 was revised from 40 mg/L to 65 mg/L; the numeric criteria 
for sulfate for subsegments 060204, 060211, 060301, 060801 and 060802 
was revised from 30 mg/L to 70 mg/L; and, the numeric criteria for TDS 
for subsegments 060204, 060211, 060301, 060801 and 060802 was revised 
from 220 mg/L to 440 mg/L. Following the revisions to the water quality 
standards LDEQ re-assessed the ambient water quality data from the 
affected water bodies to determine whether the water quality standards 
were met, using data from January 1, 1998 through August 20, 2004. 
Based on the re-assessment, the revised water quality standards for 
sulfate, chloride, and TDS for subsegments 060204, 060211, 060301, 
060801, and 060802 are met. Thus, EPA is withdrawing these nine TMDLs.

EPA Withdraws Previously Approved TMDLs for Nine Waterbody/Pollutant 
Combinations That Are Not Needed Due to Assessment of New Data That 
Show They Are Meeting New WQS:

------------------------------------------------------------------------
         Subsegment              Waterbody name           Pollutant
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060204......................  Bayou Courtableau--   Sulfate and TDS/
                               origin to West        Salinity.
                               Atchafalaya Borrow
                               Pit Canal.
060211......................  West Atchafalaya      Sulfate and TDS/
                               Borrow Pit Canal--    Salinity.
                               from Bayou
                               Courtableau to
                               Henderson, LA,
                               includes Bayou
                               Portage.
060301......................  Bayou Teche--         Sulfate, TDS/
                               headwaters at Bayou   Salinity, and,
                               Courtableau to        Chloride.
                               Keystone Locks and
                               Dam.
060801......................  Vermilion River--     Sulfate.
                               headwaters at Bayou
                               Fusilier-Bourbeaux
                               junction to New
                               Flanders
                               (Ambassador
                               Caffery) Bridge,
                               Hwy. 3073.
060802......................  Vermilion River--     Sulfate.
                               from New Flanders
                               (Ambassador
                               Caffery) Bridge,
                               Hwy. 3073 to
                               Intracoastal
                               Waterway.
------------------------------------------------------------------------

    EPA established these nine TMDLs under CWA section 303(d) to 
satisfy a consent decree obligation in the lawsuit styled Sierra Club 
v. Clifford, Civ. No. 96-0527 (E.D. La.). Because the affected water 
bodies are meeting the revised water quality standards, they are no 
longer impaired under CWA section 303(d). LDEQ has no present 
obligation under the CWA to submit TMDLs to EPA for these pollutants on 
these subsegments, nor does the CWA require EPA to maintain these nine 
TMDLs. Other TMDLs either developed by EPA or LDEQ are not affected by 
this determination.

FOR FURTHER INFORMATION CONTACT: Diane Smith, Environmental Protection 
Specialist, Water Quality Protection Division, U.S. EPA Region 6, 1445 
Ross Avenue, Dallas, TX 75202-2733, (214) 665-2145.

    Dated: June 28, 2005.
William K. Honker,
Acting Director, Water Quality Protection Division, Region 6.
[FR Doc. 05-13491 Filed 7-7-05; 8:45 am]
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