[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Notices]
[Pages 79482-79483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30815]



[[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: [email protected].

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