Clean Water Act Section 303(d): Final Agency Action on Three Total Maximum Daily Loads (TMDLs) in Louisiana, 18548 [2011-7906]

Download as PDF 18548 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices Dated: March 28, 2011. Kimberly D. Bose, Secretary. [FR Doc. 2011–7778 Filed 4–1–11; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9289–4] Clean Water Act Section 303(d): Final Agency Action on Three Total Maximum Daily Loads (TMDLs) in Louisiana Environmental Protection Agency (EPA). ACTION: Notice of availability. AGENCY: This notice announces final agency action on three TMDLs prepared SUMMARY: by EPA Region 6 for waters listed in Louisiana’s Mississippi River Basin, under Section 303(d) of the Clean Water Act (CWA). Documents from the administrative record file for the three TMDLs, including TMDL calculations and responses to comments, may be viewed at https://www.epa.gov/region6/ water/npdes/tmdl/index.htm. The administrative record file may be examined by calling or writing Ms. Diane Smith at the address below. Please contact Ms. Smith to schedule an inspection. In 1996, two Louisiana environmental groups, the Sierra Club and Louisiana Environmental Action Network (plaintiffs), filed a lawsuit in Federal Court against the 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 established three of these TMDLs pursuant to a consent decree entered in this lawsuit. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: EPA Takes Final Agency Action on Three TMDLs Diane Smith, Environmental Protection Specialist, Water Quality Protection Division, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202–2733, (214) 665–2145. By this notice EPA is taking final agency action on the following three TMDLs on waters located within the Louisiana Mississippi River Basin: Subsegment Waterbody name 070401 .............. 070502 .............. 070503 .............. Mississippi River Passes (estuarine) ....................................................................................................... Thompson Creek ..................................................................................................................................... Capitol Lake ............................................................................................................................................. EPA requested the public provide to EPA any significant water quality related data or information that might impact the three TMDLs in the Federal Register Notice: volume 75, number 37, page 8698 (February 25, 2010). The comments which were received, EPA’s response to comments, as well as the TMDLs may be found at https:// www.epa.gov/region6/water/npdes/ tmdl/index.htm. Dated: March 28, 2011. Miguel I. Flores, Director, Water Quality Protection Division, EPA Region 6. [FR Doc. 2011–7906 Filed 4–1–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9289–5] Emcdonald on DSK2BSOYB1PROD with NOTICES North Carolina Waters Along the Entire Length of Brunswick and Pender Counties and the Lower Portion of the Cape Fear River in Brunswick and New Hanover Counties; No Discharge Zone Determination On June 21, 2010, the Environmental Protection Agency (EPA), Region 4, published a proposal in concurrence with the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ), that adequate and reasonably available pumpout facilities exist for the VerDate Mar<15>2010 18:47 Apr 01, 2011 Jkt 223001 Pollutant designation of Brunswick and Pender Counties Coastal Waters and a portion of the Cape Fear River, as a No Discharge Zone (NDZ). Specifically, these waters include all the tidal salt waters extending 3 nautical miles (nm) into the Atlantic Ocean along the entire length of Brunswick and Pender Counties, and the saline waters of the Cape Fear River in Brunswick and New Hanover Counties. The other saline waters of New Hanover County have already been designated as a NDZ. The originally proposed geographic description including latitudes and longitudes were as follows: Northern Border of Pender County with Onslow County (34° 27′23.9″ N 77° 32.4′.859″ W), southwest along the mainland coast, to include all named and unnamed creeks, the Atlantic Intracoastal Waterway, Cape Fear River (up to Toomers Creek 34° 15′36.61″ N 77° 58′56.03″ W), Brunswick River, and Northeast Cape Fear River (up to Ness Creek 34° 17′7.10″ N 77° 57′17.70″ W), to the intersection of the Western tip of Brunswick County and South Carolina, 3 nm into the Atlantic Ocean (33° 48′32.903″ N 78° 30′33.675″ W) to include all the U.S. Territorial Sea extending 3 nm from South Carolina to a point 3 nm into the Atlantic Ocean (34° 24′30.972″ N 78° 28′18.903″ W) to the Pender/Onslow County Line. Three comment letters opposing this designation were received. These letters were from Cruise Lines International Association, Moran of Wilmington PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 Fecal Coliform. Fecal Coliform. Fecal Coliform. (Division of Moran Towing Corporation), and McAllister Towing and Transportation Company. The reason for the opposition is that there are not adequate and reasonably available pumpout facilities available for these commercial vessels which have deeper drafts than most recreational vessels. These are valid concerns. The State explored the comments and options, and confirmed that pumpout facilities are not available in the upper Cape Fear River specifically for the tugboats that operate in those waters and hereby amend the proposal to remove the Cape Fear River, above the waterway known as Snow’s Cut, from the NDZ area. The lower Cape Fear River is still proposed for NDZ. The inland limit of the NDZ in the Cape Fear River will be the waterway known as Snow’s Cut (A line drawn across the Cape Fear River at Snows Cut on the Cape Fear River at Snows Cut on the Cape Fear River from 34°3′5.8962″ N; 77°55′4.8966″ W to 34°3′4.5216″ N 77°56′37.086″ W). This petition was filed pursuant to the Clean Water Act, Section 312(f)(3), Public Law 92–500 as amended by Public Law 95–217 and Public Law 100–4. A NDZ is defined as a body of water in which the discharge of vessel sewage, both treated and untreated, is prohibited. Section 312(f)(3) states: After the effective date of the initial standards and regulations promulgated under this section, if any State determines that the protection and E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Page 18548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7906]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9289-4]


Clean Water Act Section 303(d): Final Agency Action on Three 
Total Maximum Daily Loads (TMDLs) in Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: This notice announces final agency action on three TMDLs 
prepared by EPA Region 6 for waters listed in Louisiana's Mississippi 
River Basin, under Section 303(d) of the Clean Water Act (CWA). 
Documents from the administrative record file for the three TMDLs, 
including TMDL calculations and responses to comments, may be viewed at 
https://www.epa.gov/region6/water/npdes/tmdl/index.htm. The 
administrative record file may be examined by calling or writing Ms. 
Diane Smith at the address below. Please contact Ms. Smith to schedule 
an inspection.

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.

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 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 established three of these TMDLs pursuant 
to a consent decree entered in this lawsuit.

EPA Takes Final Agency Action on Three TMDLs

    By this notice EPA is taking final agency action on the following 
three TMDLs on waters located within the Louisiana Mississippi River 
Basin:

------------------------------------------------------------------------
      Subsegment           Waterbody name              Pollutant
------------------------------------------------------------------------
070401...............  Mississippi River      Fecal Coliform.
                        Passes (estuarine).
070502...............  Thompson Creek.......  Fecal Coliform.
070503...............  Capitol Lake.........  Fecal Coliform.
------------------------------------------------------------------------

    EPA requested the public provide to EPA any significant water 
quality related data or information that might impact the three TMDLs 
in the Federal Register Notice: volume 75, number 37, page 8698 
(February 25, 2010). The comments which were received, EPA's response 
to comments, as well as the TMDLs may be found at https://www.epa.gov/region6/water/npdes/tmdl/index.htm.

    Dated: March 28, 2011.
Miguel I. Flores,
Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 2011-7906 Filed 4-1-11; 8:45 am]
BILLING CODE 6560-50-P
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