Indiana Department of Environmental Management
Office of Water Quality
Notice of Public Comment Period for the Draft 2012 List of Impaired Waters and Consolidated Assessment and Listing Methodology under Section 303(d) of the Clean Water Act
The Indiana Department of Environmental Management (IDEM) is soliciting public comment for the
development of its draft 2012 303(d) List of Impaired Waters and the Consolidated Assessment and Listing Methodology (CALM) used to develop it. The draft 303(d) list will be submitted to the United States Environmental Protection Agency (U.S. EPA) on April 1, 2012. Any person having water quality data to support or refute the listing of a specific waterbody or to add a waterbody to the list will be able to provide that information to IDEM during the public comment period. Comments and suggestions regarding the CALM will also be accepted during this period. IDEM will review and respond to all comments received and will work with U.S. EPA after the comment period ends to finalize the list for U.S. EPA approval.
The draft 303(d) list and the CALM will also be available on IDEM's website at:
AUTHORITY: IC 13-18-2-3.
Basic Purpose and Background
The IDEM Office of Water Quality (OWQ) is preparing to update its List of Impaired Waters, as required by Section 303(d) of the federal Clean Water Act (CWA) and the Water Quality Planning and Management regulation at 40 CFR Part 130. Under the CWA, each state is required to assemble all existing and readily available water quality related data and information for use in assessing its waters for compliance with the state's water quality standards (WQS). WQS are developed to protect beneficial uses for which the waters are designated (fishing, swimming, and drinking, etc.). The state is then required to prepare and make public a list of those waters not meeting WQS and the methodology used to evaluate the data and determine impairment status. The 303(d) List of Impaired Waters will identify the portion of the waterbody that is impaired; the pollutant or pollutants not meeting WQS thus causing the impairment; and a schedule for development of a total maximum daily load (TMDL). The list must be submitted to U.S. EPA by April 1, 2012.
A TMDL evaluation is a process that quantifies the amount of a specific pollutant that a waterbody can
assimilate and still meet WQS. What constitutes a pollutant is described in Section 502(6) of the CWA, and includes materials such as sewage, chemical wastes, biological materials, and wastes from industrial, municipal, and agricultural operations. The definition also encompasses drinking water contaminants that are regulated under Section 1412 of the Safe Drinking Water Act (SDWA). A TMDL is a written, quantitative assessment that identifies how much of the pollutant is coming from point sources and nonpoint sources, specifies the amount of pollutant reduction necessary from each source in order to meet the WQS set for that pollutant, and lays the groundwork for developing and implementing a plan to reduce the amount of the pollutant coming from each source. As part of IDEM's TMDL process, the public is invited to participate in the plan to develop and implement the TMDL.
At this time, IDEM is still awaiting approval of the 303(d) list submitted to U.S. EPA for the 2010 cycle. This delay is due to issues raised by U.S. EPA regarding changes IDEM made to its 303(d) list in response to public comments received prior to IDEM's submission of the 2010 303(d) list to U.S. EPA. The issues raised by U.S. EPA, which are discussed later in this notice, were formally addressed to IDEM after submission of its 2010 303(d) list for approval and have yet to be resolved.
This situation has illustrated that any issues U.S. EPA may have regarding revisions to a state's assessment methodologies and corresponding changes to its 303(d) list can be complex, and their resolution can impose significant delays in approval. Given the potential for such delays in the future, IDEM has determined that reviewing all public comments and those provided by U.S. EPA together will allow IDEM to more effectively evaluate all the available information and will allow IDEM to work through any issues and receive timely approval from U.S. EPA. IDEM will consider the 2012 303(d) list finalized once U.S. EPA approval is received.
Applicable Federal Law
The 303(d) List of Impaired Waters is developed pursuant to Section 303(d) of the federal CWA. This notice serves as a solicitation for any additional water quality related information that may be used to further develop and refine the 2012 draft 303(d) list and satisfies the federal Water Quality Planning and Management regulation at 40 CFR Part 130, which requires states to provide public notice and opportunity for public comment on the state's 303(d) list and the methodology used to develop it.
IDEM will present the 2012 Draft 303(d) List of Impaired Waters at the Water Pollution Control Board
meeting, which will be open to the public and will provide the public an opportunity to discuss the list. This
meeting will be held on the following date:
Wednesday, April 11, 2012, 1:30 p.m. EDT
Indiana Government Center South
302 West Washington Street, Conference Center Room A
Indianapolis, Indiana 46206
REQUEST FOR PUBLIC COMMENTS
At this time, IDEM solicits the following:
(1) Water quality data or water quality related information to support or refute the listing of a specific
waterbody or to add a waterbody to the 303(d) list.
(2) Comments and suggestions regarding the CALM.
Comments may be submitted in one of the following ways:
(1) By mail or common carrier to the following address:
2012 Draft 303(d) List of Impaired Waters
Betsy Rouse, Administrative Assistant
Rules Development Branch
Office of Legal Counsel
Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, IN 46204-2251
(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of your faxed comments by calling the Rules Development Branch at (317) 233-8903.
(3) By electronic mail to email@example.com. To confirm timely delivery of your comments, please request a document receipt when you send the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the address indicated in this notice.
(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.
COMMENT PERIOD DEADLINE
All comments must be postmarked, faxed, or time stamped no later than May 8, 2012. Hand-delivered
comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date.
Additional information regarding this notice may be obtained from Jody Arthur, Watershed Assessment and Planning Branch, Office of Water Quality, (317) 308-3179 or (800) 451-6027 (in Indiana).
OWQ Notice of Public Comment Period and Public Meetings for the 2012 Draft List of Impaired Waters & Consolidated Assessment and Listing Methodology (Section 303(d) - CWA) (with Attachments) [PDF]
Impaired Waters - Integrated Reports website