EPA’s Additions to Indiana’s 2020 Impaired Waters List
On May 7, 2021, EPA transmitted to the Indiana Department of Environmental Management (IDEM) the Final List of Impaired Waters under Section 303(d) of the Clean Water Act (CWA), with included EPA's additions, for Indiana's 2020 cycle.
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, it must identify the impaired waters that should be listed 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 to the state [see 40 CFR Section 130.7(d)(2)].
Indiana submitted its 2020 Section 303(d) List to EPA on January 19, 2021. 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. Therefore, on February 19, 2021, EPA partially approved and partially disapproved Indiana’s 2020 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) of the WQLSs identified in Table 12 of Enclosure 3, and meet the federal requirements for listing under Section 303(d). Additional information on EPA’s partial disapproval decision for Indiana’s 2020 303(d) list can be found in Subsections ii and iii under Section III. D. of Enclosure 1.
EPA issued a public notice seeking comment on its identification of 115 water quality limited segments (WQLSs) and 117 associated metal pollutants to be included on Indiana’s 2020 303(d) List. No comments were received during the 30-day public comment period (March 15 - April 14, 2021). And on May 7, 2021, EPA transmitted the final list (Appendix 1) to Indiana.
The documents related to EPA’s Decision on Indiana’s 2020 303(d) list of impaired waters can be accessed through the links below.