Public Comment Period EXTENDED – EPA’s Action to Add Waters to Missouri’s Impaired Waters List
EPA is soliciting public comments on its action to add 40 water bodies as impaired by nutrients to Missouri’s 2020 List of Impaired Waters under Clean Water Act (CWA) Section 303(d).
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. Specifically, the state’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.
On Nov. 30, 2020, EPA issued its decision that Missouri’s submission partially met the requirements of CWA Section 303(d). During its review, EPA identified 40 additional water bodies that were not included in Missouri’s 303(d) List and, therefore, disapproved the state’s decision not to list these water bodies because the existing and readily available data and information for those water bodies indicate impairments of lake numeric nutrient criteria. In Appendix C of its Nov. 30 decision, EPA identified the water bodies for inclusion on Missouri’s 2020 CWA Section 303(d) List for chlorophyll-a (W) and as requiring Total Maximum Daily Loads (TMDLs) under CWA Section 303(d).
EPA is soliciting public comments on the addition of these 40 water bodies (Appendix C) as impaired. After considering public comments and making any revisions EPA deems appropriate, EPA will transmit the listing to the state. EPA requests public comment on these proposed 40 water bodies only.
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)].
Missouri submitted its 2020 CWA Section 303(d) List to EPA on June 26, 2020. Based on its review, EPA has determined that Missouri’s impaired waters list partially meets the requirements of Section 303(d) of the CWA and EPA’s implementing regulations. Therefore, EPA is partially approving and partially disapproving Missouri’s 2020 CWA Section 303(d) List. EPA’s Decision Letter to the Missouri Department of Natural Resources (MDNR) provides a detailed rationale of the proposed decisions on Missouri’s 303(d) List.
EPA is opening a 60-day public comment period on Dec. 7, 2020, to receive comments concerning the decision to add or restore 40 water bodies to the state’s list.
HOW TO PROVIDE COMMENTS:
EPA is soliciting public comments on the addition of these 40 water bodies on Missouri’s 2020 CWA Section 303(d) List for chlorophyll-a (W). After considering public comments and making any revisions EPA deems appropriate, EPA will transmit the listing to the state. Written comments must be sent by email to R7-WaterDivision@epa.gov on or before Feb. 5, 2021 (EXTENDED to March 22, 2021).