[Federal Register: December 29, 2008 (Volume 73, Number 249)]
[Notices]
[Page 79482-79483]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de08-63]
[[Page 79482]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8757-4]
Preliminary Listing of Additional Waters To Be Included on
Illinois' 2008 List of Impaired Waters Under Section 303(d) of the
Clean Water Act and Proposed Delisting of Boron Impairment for Segment
E-26 of the Sangamon River
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of EPA's decision
identifying water quality limited segments and associated pollutants in
Illinois 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 October 22, 2008, EPA partially approved and partially
disapproved Illinois' submittal. Specifically, EPA approved Illinois'
listing of waters, associated pollutants and associated priority
rankings, but disapproved Illinois' decision not to list certain water
quality limited segments and associated pollutants. EPA identified
these additional water bodies and pollutants for inclusion on the 2008
Section 303(d) list. EPA is providing the public the opportunity to
review its decision to add waters and pollutants to Illinois' 2008
Clean Water Act Section 303(d) list and its decision to delist the
Boron impairment for the Sangamon waterbody. EPA will consider public
comments in reaching its final decision on the additional water bodies
and pollutants identified for inclusion on Illinois' final 303(d) list
and the deletion of the Boron impairment.
DATES: Comments on this document must be received in writing by
February 12, 2009.
ADDRESSES: Written comments on today's notice may be submitted to
Timothy Henry, Acting Director, Water Division, Attn: Illinois 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 Internet e-
mail address: keclik.donna@epa.gov.
FOR FURTHER INFORMATION CONTACT: Donna Keclik, Watersheds and Wetlands
Branch, at the EPA address noted above or by telephone at (312) 886-
6766.
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. EPA's 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 waters 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, Illinois submitted to EPA its
listing decision under Section 303(d)(2) on June 30, 2008. On October
22, 2008, EPA approved Illinois' listing of waters and associated
priority rankings, and disapproved Illinois' decision not to list 343
water quality limited segments and associated pollutants for inclusion
on the 2008 Section 303(d) list. More specifically, EPA disapproved
Illinois' decision to delist total nitrogen as a cause of impairment
for 191 water bodies and sedimentation as an impairment for 23 water
bodies based on EPA's determination that the state did not provide good
cause for delisting these waterbody/impairment combinations. EPA
disapproved Illinois' decision to delist sulfates (nine), dissolved
oxygen (DO) (15) and total dissolved solids (TDS) (105) impairments
based on Illinois' new water quality standards for sulfates and DO
because these new water quality standards have not yet been approved by
EPA and therefore under 40 CFR 131.21 cannot be used for listing or
delisting purposes. As a result of EPA's disapproval decision, EPA is
placing all these water bodies with associated impairments back on
Illinois section 303(d) list. The list of waterbody/pollutants that EPA
is adding to the Illinois' 303(d) list and EPA's decision document are
available at http://www.epa.gov/region5/water/wshednps/notices.htm.
EPA solicits public comment on its identification of the 343 waters
and associated pollutants set out in Attachment 1 to EPA's decision
document, Tables 1-5, for inclusion on Illinois' 2008 Section 303(d)
list. The waterbody impairment combinations when added to the final
list will be given the priority ranking previously identified in the
2006 303(d) list approved on June 27, 2006 which can be found at http:/
/www.epa.state.il.us/water/tmdl/303d-list.html.
Illinois recently submitted additional information to EPA on the
proposed DO standard which should enable EPA to make a decision on the
proposed standard soon. EPA is still waiting for information concerning
Illinois' proposed standard change for the sulfate standard which
affects the listing of sulfate and TDS impairments. If a final approval
action is taken by EPA on either of the newly proposed standards by the
end of this public comment period these impairments will not be added
to the final approved list because the specific waters at issue will be
meeting the new standards for the pollutant or impairment. The specific
waterbody impairment combinations for DO, sulfate, and TDS can be found
in Attachment 1 Tables 1-3 to the Illinois' (303) list decision
document found at Region 5's watershed Web site http://www.epa.gov/
region5/water/wshednps/notices.htm above.
Since EPA's October 22, 2008 decision to partially approve and
partially disapprove Illinois 2008 303(d) list, Illinois has submitted
information concerning an error in listing a specific water for
impairment due to boron. The specific water is segment number E-26 of
the Sangamon River. In 1995, Illinois submitted to EPA an adjusted
standard for this segment of the Sangamon River. Consistent with
Federal regulations at 40 CFR 131.21, this adjusted standard is the
effective boron water quality standard for this segment. However, in
preparing its 2008 303(d) list, Illinois based its attainment
determination on the statewide general use boron standard at Illinois
Administrative Code Section 304.105. Illinois realized this error after
EPA partially approved its 2008 303(d) list. Illinois has reviewed the
data for Segment E-26 of the Sangamon River and determined that the
segment attains the boron standard applicable to the segment. Illinois
has provided a summary of the data to EPA. EPA reviewed the data and
agrees that segment E-26 of the Sangamon River should not have been
included on the Section 303(d) list as impaired due to boron, and
proposes to delist segment E-26 of the Sangamon River as impaired due
to boron. EPA requests comments on this delisting.
[[Page 79483]]
Dated: December 16, 2008.
Anthony Corollo,
Acting Director, Water Division, EPA Region 5.
[FR Doc. E8-30815 Filed 12-24-08; 8:45 am]
BILLING CODE 6560-50-P