E8-19863. Clean Water Act Section 303(d): Availability of 30 Modified Total Maximum Daily Loads (TMDLs) in Louisiana

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of availability.

SUMMARY:

This notice announces the availability for comment of the administrative record files for 30 modified TMDLs and the calculations for these TMDLs prepared by EPA Region 6 for waters listed in the Lower, Middle, and Upper Terrebonne Basins, under section 303(d) of the Clean Water Act (CWA). These TMDLs were completed in response to the court order styled Sierra Club, et al. v. Clifford, et al., No. 96-0527, (E.D. La.).

DATES:

Comments must be submitted in writing to EPA on or before September 26, 2008.

ADDRESSES:

Comments on the 30 modified TMDLs 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 or e-mail: [e-mail]. For further information, contact Diane Smith at [phone] or fax [phone]. The administrative record files for these TMDLs are available for public inspection at this address as well. Documents from the administrative record file may be viewed at http://www.epa.gov/​region6/​water/​npdes/​tmdl/​index.htm,, or obtained by calling or writing Ms. Smith at the above address. Please contact Ms. Smith to schedule an inspection.

FOR FURTHER INFORMATION CONTACT:

Diane Smith at [phone].

SUPPLEMENTARY INFORMATION:

In 1996, two Louisiana environmental groups, the Sierra Club and Louisiana Environmental Action Network (plaintiffs), filed a lawsuit in Federal Court against the United States Environmental Protection Agency (EPA), styled Sierra Club, et al. v. Clifford et al., No. 96-0527, (E.D. La.). Among other claims, plaintiffs alleged that EPA failed to establish Louisiana TMDLs in a timely manner. EPA originally established these TMDLs pursuant to a consent decree entered in this lawsuit. EPA has modified these TMDLs.

EPA Seeks Comments on 30 Modified TMDLs

By this notice EPA is seeking comment on the following 30 modified TMDLs for waters located within the Terrebonne basin:

Subsegment	Waterbody name	Pollutant
120102	Bayou Poydras	Dissolved Oxygen and Nutrients.
120103	Bayou Choctaw	Dissolved Oxygen, Nitrogen, Phosphorus, and Nutrients.
120105	Chamberlin Canal	Dissolved Oxygen, Nitrogen, Phosphorus, and Nutrients.
120106	Bayou Plaquemine	Dissolved Oxygen and Nutrients.
120107	Upper Grand River and Lower Flat River—Headwaters to Intracoastal Waterway	Dissolved Oxygen.
120109	Intracoastal Waterway—in Morgan City to Port Allen Route—Port Allen Locks to Bayou Sorrel Locks	Dissolved Oxygen and Nutrients.
120110	Bayou Cholpe—Headwaters to Bayou Choctaw	Dissolved Oxygen.
120202	Bayou Black—Intracoastal Waterway to Houma	Dissolved Oxygen and Nutrients.
120204	Lake Verret and Grassy Lake	Dissolved Oxygen and Nutrients.
120304	Intracoastal Waterway—Houma to Larose	Dissolved Oxygen and Nutrients.
120403	Intracoastal Waterway—Bayou Boeuf	Dissolved Oxygen.
120604	Bayou Blue—Intracoastal Waterway to boundary between segments 1206 and 1207	Dissolved Oxygen.
120401	Bayou Penchant—Bayou Chene to Lake Penchant	Dissolved Oxygen.
120404	Lake Penchant	Dissolved Oxygen.
120405	Lake Hatch and Lake Theriot	Dissolved Oxygen and Nutrients.
120406	Lake de Cade	Dissolved Oxygen and Nutrients.

EPA previously requested the public to provide EPA with any significant data or information that might impact the original 30 TMDLs in Federal Register Notices: Volume 72, Number 206, pages 60666 and 60667 (October 25, 2007); Volume 72, Number 209, pages 61355 and 61356 (October 30, 2007); Volume 73, Number 22, pages 6178 and 6179 (February 1, 2008).

EPA now requests that the public provide any water quality related data and information that may be relevant to the calculations for these 30 modified TMDLs. EPA will review all data and information submitted during the public comment period and revise the modifications to the TMDLs where appropriate. EPA will then forward the modified TMDLs to the Louisiana Department of Environmental Quality (LDEQ). The LDEQ will incorporate the modified TMDLs into its current water quality management plan.

Dated: August 20, 2008.

James R. Brown,

P.G., Acting Director, Water Quality Protection Division, Region 6.