[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]
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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.
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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
