[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Notices]
[Pages 20664-20665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8963]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9294-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of EPA's action 
identifying water quality limited segments and associated pollutants in 
Louisiana to be listed pursuant to Clean Water Act Section 303(d), and 
request for public comment. Section 303(d) requires that States submit 
and EPA approve or disapprove lists of waters for which existing 
technology-based pollution controls are not stringent enough to attain 
or maintain State water quality standards and for which total maximum 
daily loads (TMDLs) must be prepared.
    On April 5, 2011, EPA partially approved and proposed to partially 
disapprove Louisiana's 2008 Section 303(d) submittal. Specifically, EPA 
approved Louisiana's listing of 409 waterbody pollutant combinations, 
and associated priority rankings. EPA proposed to disapprove 
Louisiana's decisions not to list three waterbodies. These three 
waterbodies were added by EPA because the applicable numeric water 
quality standards marine criterion for dissolved oxygen was not 
attained in these segments. EPA is providing the public the opportunity 
to review its proposed decisions to add the three waters to Louisiana's 
2008 Section 303(d) List. EPA will consider public comments and if 
necessary amend its proposed action on the additional waterbodies 
identified for inclusion on Louisiana's Final 2008 Section 303(d) List.

DATES: Comments must be submitted in writing to EPA on or before May 
13, 2011.

ADDRESSES: Comments on the decisions should be sent to Diane Smith, 
Environmental Protection Specialist, Water Quality Protection Division, 
U.S. Environmental Protection Agency Region 6, 1445 Ross Ave., Dallas, 
TX 75202-2733, telephone (214) 665-2145, facsimile (214) 665-6490, or 
e-mail: [email protected]. Oral comments will not be considered. 
Copies of the documents which explain the rationale for EPA's decisions 
and a list of the 3 water quality limited segments for which EPA 
proposed disapproval of Louisiana's decisions not to list can be 
obtained at EPA Region 6's Web site at http://www.epa.gov/region6/water/npdes/tmdl/index.htm, or by writing or calling Ms. Smith at the 
above address. Underlying documents from the administrative record for 
these decisions are available for public inspection at the above 
address. Please contact Ms. Smith to schedule an inspection.

FOR FURTHER INFORMATION CONTACT: Diane Smith at (214) 665-2145.

[[Page 20665]]


SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act (CWA) 
requires that each State identify those waters for which existing 
technology-based pollution controls are not stringent enough to attain 
or maintain State water quality standards. For those waters, States are 
required to establish Total Maximum Daily Loads (TMDLs) according to a 
priority ranking. EPA's Water Quality Planning and Management 
regulations include requirements related to the implementation of 
Section 303(d) of the CWA (40 CFR 130.7). The regulations require 
States to identify water quality limited waters still requiring TMDLs 
every two years. The list of waters still needing TMDLs must also 
include priority rankings and must identify the waters targeted for 
TMDL development during the next two years (40 CFR 130.7). On March 31, 
2000, EPA promulgated a revision to this regulation that waived the 
requirement for States to submit Section 303(d) lists in 2000 except in 
cases where a court order, consent decree, or settlement agreement 
required EPA to take action on a list in 2000 (65 FR 17170).
    Consistent with EPA's regulations, Louisiana submitted to EPA its 
listing decisions under Section 303(d) on August 25, 2009. On April 5, 
2011, EPA approved Louisiana's listing of 409 water body-pollutant 
combinations and associated priority rankings. EPA proposed to 
disapprove Louisiana's decisions not to list three waterbodies. These 
three waterbodies were proposed for addition by EPA because the 
applicable numeric water quality standards marine criterion for 
dissolved oxygen was not attained in these segments. EPA solicits 
public comment on its identification of three additional waters for 
inclusion on Louisiana's 2008 Section 303(d) List.

    Dated: April 6, 2011.
Miguel I. Flores,
Director, Water Quality Protection Division.
[FR Doc. 2011-8963 Filed 4-12-11; 8:45 am]
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