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Draft Addendum to 2007 Anacostia River Sediment/TSS TMDL

Notice of a Public Comment Period for a Draft Addendumto the Total Maximum Daily Loads of Sediment/Total Suspended Solids for the Anacostia River Watershed in The District of Columbia, and Montgomery and Prince George’s Counties, Maryland

The District Department of the Environment (DDOE) is submitting for public review and comment the draft “Appendix E: Evaluation of Turbidity Criteria Applicable to the Recreational and Aesthetic Designated Uses vs. Secchi Depth in the TMDL Scenario, an addendum to the 2007Total Maximum Daily Loads (TMDL)for Sediment/Total Suspended Solids (TSS) for the Anacostia River. 

In Anacostia Riverkeeper v. Jackson, 798 F. Supp. 2d 210 (D.D.C. 2011), the U.S. District Court for the District of Columbia upheld the U.S. Environmental Protection Agency (EPA)’s approval of the 2007 TMDL for Sediment/TSS for the Anacostia River in all respects, except that the court remanded the approval to EPA because the court held that there was insufficient information in the record to support EPA’s approval of the TMDL as sufficient to achieve all applicable designated uses.  While the court agreed that the TMDL was sufficient to achieve the protection of aquatic life designated use, the court held that the record was insufficient to support EPA’s assertion that the TMDL also is sufficient to achieve the water contact recreation and aesthetic enjoyment designated uses.  The draft Appendix provides data and analysis demonstrating that implementation of the TMDL will also achieve applicable turbidity criteria in Maryland(MD) and the District of Columbia (DC) that protect the recreational and aesthetic designated uses.

OPPORTUNITY FOR PUBLIC REVIEW AND COMMENT

A 30-day public comment period for the draft Appendix E document will take place from April 6, 2012 to May 7, 2012.Copies of the draft Appendix E document are on file at the Martin Luther King, Jr. Library, 901 G. St., NW. Washington, D.C 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. Links to the portfolio of the EPA-approved final 2007 Sediment/TSS TMDL for the Anacostia River, developed jointly by MD and DC, are given below:

Written comments concerning only the draft Appendix E document may be submitted to DDOE on orbefore May 7, 2012, and should be sent to Mr. George Onyulloat the above address or emailed to George.onyullo@dc.gov. All comments on the draft Appendix received during the comment period will be considered and the draft document may be revised accordingly prior to its submittal to EPA for approval.

A public meeting about the draft Appendix addendum to the Anacostia River Sediment/TSSTMDL for all interested parties from both Maryland and DC will be held on Monday, April 23, 2012 from 11:00a.m. to 1:00 p.m.in the 1st floor TrainingCenterof the Metropolitan Washington Council of Governments at 777 N. Capitol Street NE, WashingtonDC.  Directions are available, or call (202) 962-3200.