EPA’s Additions to Indiana’s 2022 Impaired Waters List

SUMMARY:

Public Notice of EPA’s Additions to Indiana’s 2022 Impaired Waters List

This notice announces EPA solicitation of public comment on its identification of 105 water quality limited segments (WQLSs) and 109 associated metal pollutants (Table 10 of Enclosure 3) to be included on Indiana’s 2022 List of Impaired Waters under Section 303(d) of the Clean Water Act (CWA).  The 30-day Public Comment Period starts May 26, 2022 and ends June 27, 2022.  EPA will consider any comments received, make appropriate revisions based on the comments and transmit the final list of WQLSs to Indiana.  

BACKGROUND:

Section 303(d)(2) of the CWA requires each state to identify waters for which existing required pollution controls are insufficient to meet state water quality standards.  States are required to develop a list of impaired water bodies requiring TMDL calculations (the 303(d) list) and submit the list to EPA for review and approval or disapproval [see 40 CFR Section 130.7(d)(1)].  If EPA disapproves any portion of the state’s 303(d) list, EPA must identify the impaired waters that should be included on the state’s 303(d) list and issue a public notice seeking comment on EPA’s listing decision no later than 30 days after the date of such disapproval.  After considering public comments and making appropriate revisions, EPA is to transmit the final list of impaired waters to the state for inclusion on the state’s 303(d) list [see 40 CFR Section 130.7(d)(2)].

Indiana submitted its 2022 Section 303(d) list to EPA on April 1, 2022. EPA evaluated the state’s submission and determined that it was not fully consistent with the requirements of Section 303(d) of the CWA and EPA’s implementing regulations.  On April 29, 2022, EPA partially approved and partially disapproved Indiana’s 2022 303(d) list submittal.  Specifically, EPA approved Indiana’s listing of certain WQLSs and associated pollutants (Table 1 of Enclosure 3).  EPA disapproved Indiana’s decision not to list WQLSs for certain metal pollutants, because Indiana’s submission did not demonstrate that it satisfied its obligation to assemble and evaluate all existing and readily available water quality-related data and information.  EPA believes that the existing and readily available data and information indicate metal impairments (of either the numeric water quality criterion in the case of lead or the narrative water quality criterion in the case of iron) on the WQLSs identified in Table 10 of Enclosure 3 and meet the federal requirements for listing under Section 303(d).  For additional information on EPA’s partial disapproval decision for Indiana’s 2022 303(d) list, refer to Subsections ii and iii under Section III. D. of Enclosure 1.

Documents related to EPA’s Decision on Indiana’s 2022 list of impaired waters are available here:

EPA requests that any written comments be sent by email to [email protected] on or before June 27, 2022. 

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Last updated on June 3, 2024