Proposed Listing of Additional Waters To Be Included on Indiana's 2010 List of Impaired Waters Under Section 303(d) of the Clean Water Act, 35929 [2013-14192]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Page 35929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14192]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9823-3]


Proposed Listing of Additional Waters To Be Included on Indiana's 
2010 List of Impaired Waters Under Section 303(d) of the Clean Water 
Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and request for comments.

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SUMMARY: This notice announces the availability of EPA's proposed 
decision identifying water quality limited segments and associated 
pollutants in Indiana to be listed pursuant to the Clean Water Act 
Section 303(d)(2), and requests public comment. Section 303(d)(2) 
requires that states submit and EPA approve or disapprove lists of 
waters for which existing technology-based pollution controls are not 
stringent enough to attain or maintain state water quality standards 
and for which total maximum daily loads (TMDLs) must be prepared.
    On May 8, 2013, EPA partially approved and partially disapproved 
Indiana's 2010 303(d) list submittal. Specifically, EPA approved 
Indiana's listing of certain water quality limited segments and 
associated pollutants (Table 1 in Appendix A1 of EPA's decision 
document for Indiana's 2010 303(d) list). EPA disapproved Indiana's 
decision not to list water quality limited segments for certain metal 
pollutants.
    After conducting a complete review, EPA identified the waterbodies 
and associated metal pollutants (e.g. aluminum, iron, copper, lead, and 
zinc) to be added to Indiana's 2010 303(d) list (Table 12 in Appendix 
A1 of EPA's decision document). EPA is providing the public the 
opportunity to review its proposed decision to add waters and 
pollutants to Indiana's 2010 Clean Water Act Section 303(d) list. EPA 
will consider public comments in reaching its final decision on the 
additional waterbodies and pollutants identified for inclusion on 
Indiana's final 2010 303(d) list.

DATES: Comments on this document must be received in writing by July 
15, 2013.

ADDRESSES: Written comments on today's notice may be submitted to Tinka 
Hyde, Director, Water Division, Attn: Indiana's 303(d) list, U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. As an alternative, EPA will accept comments 
electronically. Comments should be sent to the following email address: 
rivera-carrero.vilma@epa.gov.

FOR FURTHER INFORMATION CONTACT: Vilma Rivera-Carrero, Watersheds and 
Wetlands Branch, at the EPA address noted above or by telephone at 
(312) 886-7795.

SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act (CWA) 
requires that each state identify those waters for which existing 
technology-based pollution controls are not stringent enough to attain 
or maintain state water quality standards. For those waters, states are 
required to establish TMDLs according to a priority ranking.
    EPA's Water Quality Planning and Management regulations include 
requirements related to the implementation of Section 303(d) of the CWA 
(40 CFR 130.7). The regulations require states to identify water 
quality limited segments still requiring TMDLs every two years. The 
lists of waters still needing TMDLs must also include priority rankings 
and must identify the waters targeted for TMDL development during the 
next two years (40 CFR 130.7).
    Consistent with EPA's regulations, Indiana submitted to EPA its 
Section 303(d) list of impaired waters on November 30, 2010. On May 8, 
2013, EPA approved Indiana's listing of certain water quality limited 
segments and associated pollutants. EPA also disapproved Indiana's 
decision to not include 125 water quality limited segments and 
associated metal pollutants on its Section 303(d) list, based on a 
change in the State's listing methodology. Indiana's new listing 
methodology included a revised approach for determining aquatic life 
use support with regards to metal toxicants. This revised assessment 
approach excludes the use of total recoverable metals data and the use 
of derived criteria (Tier I criteria and Tier II values). As a result 
of EPA's disapproval decision, EPA is proposing to place certain water 
bodies with associated impairments on Indiana's 2010 Section 303(d) 
list. EPA believes that these waters and associated pollutants, based 
on its assessment determinations, meet the federal requirements for 
listing under Section 303(d). For additional information, refer to 
Items 3 and 4 in Subsection B, and Subsection K under Section II of 
EPA's decision document for Indiana's 2010 303(d) list. EPA's decision 
document is available at https://www.epa.gov/region5/water/impairedwatersin/.
    EPA is soliciting public comment on its identification of 125 
waters and 139 associated metal impairments set out for inclusion on 
Indiana's 2010 Section 303(d) list (Table 12 of Appendix A1 to EPA's 
decision document). These proposed additions include 66 new impairments 
to 59 waterbody assessment units (AUs) previously listed for other 
impairments, and 66 waterbody AUs with 73 impairments newly listed. 
After considering public comments and making any appropriate revisions, 
EPA will transmit a final determination and any final listings to the 
State. Any new listings will then be part of Indiana's 2010 Section 
303(d) list and will be carried forward onto future lists, including 
Indiana's proposed 2012 Section 303(d) list.

    Dated: May 23, 2013.
Tinka G. Hyde,
Director, Water Division, EPA Region 5.
[FR Doc. 2013-14192 Filed 6-13-13; 8:45 am]
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