ENV-09-17 TMDL Responses and Recourse: A Look at the Calcasieu Estuary TMDL

Description:

On June 13, 2002 the United States Environmental Protection Agency (USEPA) Region 6 published a final Total Maximum Daily Load (TMDL) for Toxics in the Calcasieu (Louisiana) Estuary. In response to hundreds of public comments, Region 6 noted that due to a consent decree deadline, the Agency did not have time to collect adequate water column data, further study the ambient water quality and hydrology, or extend the comment period in order to allow for additional dialogue. The result has been the mandatory implementation of a faulty TMDL by the state governing agency – the Louisiana Department of Environmental Quality (LADEQ) – one of the main commenter’s against the draft document. The placing of TMDL required effluent limitations and conditions into Clean Water Act (CWA) Section §402 permits has come at the expense of the industries, cities and other dischargers affected by the Calcasieu Toxics TMDL, and ultimately at the expense of citizens and consumers who utilize the goods and services provided by these entities. In today’s economic climate, would the implementation of an imperfect TMDL which requires significant costly improvements to equipment, processesand infrastructure with very little demonstrated water quality benefit affect your bottom line? What rights do impacted entities have to challenge TMDLs and the ensuing effluent requirements issued in a hurried effort to meet a deadline? An exploration of the water quality and economic impacts of the Calcasieu Estuary Toxics TMDL, the challenges faced by the permittees as well as the regulatory agencies and the lawsuit against USEPA Region 6 will be presented.