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Draft Revisions to the Total Maximum Daily Loads of Bacteria for Watersheds in the District - Notice of Public Comment Period and Public Hearing

Notice of  Public Comment Period and Public Hearing
(DC Register)

The Acting Director of the District Department of the Environment (DDOE) is submitting for public reviewand comment draft revisions to the Total Maximum Daily Loads (TMDLs) for fecal coliform bacteria in the following waterbodies in the District of Columbia (District):

  • 2003 Final Total Maximum Daily Load for Fecal Coliform Bacteria in Upper Anacostia River, Lower Anacostia River, Watts Branch, Fort Dupont Creek, Fort Chaplin Tributary, Fort Davis Tributary, Fort Stanton Tributary, Hickey Run, Nash Run, Pope Branch, and Texas Avenue Tributary See Documents>>
  • 2003 Final Total Maximum Daily Load for Fecal Coliform Bacteria in Kingman Lake See Documents>>
  • 2004 Final Total Maximum Daily Load for Fecal Coliform Bacteria in Upper Potomac River, Middle Potomac River, Lower Potomac River, Battery Kemble Creek, Foundry Branch, and Dalecarlia Tributary See Documents>>
  • 2004 Final Total Maximum Daily Load for Fecal Coliform Bacteria in Rock Creek See Documents>>
  • 2004 Final Total Maximum Daily Load for Organics, Metals and Bacteria in Oxon Run See Documents>>
  • 2004 Final Total Maximum Daily Load for Bacteria in Chesapeake and Ohio Canal Read Documents>>
  • 2004 Final Total Maximum Daily Loads for Bacteria in Tidal Basin and Washington Ship Channel See Documents>>

The revisions incorporate the new water quality standard for Escherichia coli (E. coli) that the District promulgated in October 2005 after the approval of the original TMDLs for each of the above waterbodies. The load allocations specified in the original TMDLs are still in effect; however, these revisions provide a translation of those loads to E. coli, which is the basis for the current bacteria water quality standard. The translation was performed using a translator equation developed from analysis of paired fecal coliform and E. coli sampling data collected from waters in the District. In addition to the translations to E. Coli, the daily loading expressions for the new E. coli allocations are also provided.

These revisions satisfy the requirements of the settlement agreement reached between the United States Environmental Protection Agency (EPA) and Anacostia Riverkeepers, Friends of the Earth, and Potomac Riverkeepers (Case No.: 1:09-cv-00098-JDB of January 15, 2009) that certain District TMDLs did not have a daily load expression established as required by Friends of the Earth vs. the Environmental Protection Agency, 446 F.3d 140, 144 (D.C. Cir. 2006). The settlement agreement requires the establishment of daily loads in District TMDLs by December 2014. The revisions are presented as an appendix to each existing TMDL and provide information and calculations regarding the translation from fecal coliform to E. Coli, as well as methodologies for calculating the daily load expressions.

OPPORTUNITY FOR PUBLIC REVIEW AND COMMENT

A 30-day public comment period for the draft appendices associated with each TMDL revision will take place from February 8, 2013 to March 10, 2013. Copies of the draft appendices are on file at the Martin Luther King, Jr. Library, 901 G. Street., NW, Washington, DC 20001, and may be inspected during normal business hours. You may also contact Mr. George Onyullo by mail at DDOE, 1200 First Street, NE, 5th Floor, Washington, DC 20002, or by telephone at 202-727-6529.

Written comments concerning only the draft appendices associated with each TMDL revision may be submitted to DDOE on or before March 10, 2013, and should be sent to Mr. George Onyullo at the above address or emailed to george.onyullo@dc.gov. All comments received on these draft TMDL revisions during the comment period will be considered and made part of the public record and the draft documents may be revised accordingly prior to submittal to EPA for approval.

A public hearing on the draft TMDL revisions for the waterbodies listed in this public notice will be held for all interested parties on Monday, March 4th, 2013 from 11:00 a.m. to 1:00 p.m. in the 1st floor Training Center of the Metropolitan Washington Council of Governments located at 777 North Capitol Street NE, Washington DC. Directions are available. for more information call (202) 962-3200.