EPA’s Additions to Indiana’s 2024 Impaired Waters List

SUMMARY:

Public Notice of EPA’s Additions to Indiana’s 2024 Impaired Waters List

This notice announces EPA solicitation of public comment on its identification of 108 water quality limited segments (WQLSs) impaired by lead and iron (Table 9 of Enclosure 3) to be included on Indiana’s 2024 List of Impaired Waters under Section 303(d) of the Clean Water Act (CWA). The 30-day Public Comment Period starts June 16, 2024 and ends July 16, 2024. 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 WQLS 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 WQLS to the state for inclusion on the state’s 303(d) list [see 40 CFR Section 130.7(d)(2)].

Indiana submitted its 2024 Section 303(d) list to EPA on March 30, 2024. 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 May 17, 2024, EPA partially approved and partially disapproved Indiana’s 2024 303(d) list submission. 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 lead and iron 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 9 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 2024 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 2024 list of impaired waters are available here:

EPA requests that any written comments be sent by email to [email protected] on or before July 16, 2024. 

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Last updated on June 11, 2024