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2003 WL 179685
(F.R.)
NOTICES
ENVIRONMENTAL PROTECTION AGENCY
[FRL-7445-3]
Clean Water Act Section 303(d): Notice Final Agency Action Withdrawing of 1
Total Maximum Daily Load (TMDL)
Wednesday, January 29, 2003
*4490
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of
withdrawal of 1 TMDL.
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 *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
68 FR 4490-01, 2003
WL 179685 (F.R.)
END OF DOCUMENT
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