responsiveness summary to public comments - US Environmental ...
responsiveness summary to public comments - US Environmental ...
responsiveness summary to public comments - US Environmental ...
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Page 22 of 40<br />
the basis that “states are not required <strong>to</strong> list water quality limited segments still requiring TMDLs<br />
where effluent limitations required by the CWA, more stringent effluent limitations required by<br />
local, state, or federal authority are enough <strong>to</strong> implement any water quality standard applicable <strong>to</strong><br />
such waterbodies”, EPA is not adding East Fork Locust Creek (WBID 608) <strong>to</strong> Missouri’s 303(d)<br />
list.<br />
3. EPA disagrees with the commenter’s conclusion that it is appropriate <strong>to</strong> consider the<br />
moni<strong>to</strong>red DO data and the evaluated data as describing two different waterbodies. According <strong>to</strong><br />
Missouri’s Water Quality Standards regulation, East Fork Locust Creek is divided in<strong>to</strong> two<br />
segments, one that is from the mouth of East Fork Locust Creek <strong>to</strong> Highway 6, and the second is<br />
from Highway 6 <strong>to</strong> Section 12, Township 64N, Range 20 West. Three of the four sites visited by<br />
MDNR were within the same segment. The chemical data and the biological information, with<br />
the exception of one site were collected within the same segment, and therefore, those data can<br />
be used <strong>to</strong>gether <strong>to</strong> make a decision regarding impairment.<br />
East Honey Creek, Mercer County (WBID 555)<br />
Comment:<br />
1. There was disagreement with EPA’s interpretation of Missouri’s general criteria and<br />
EPA’s listing of this water based upon minor algal growth, slightly turbid water, and slightly<br />
elevated conductivity levels. “Slight turbidity” does not constitute a violation of Missouri’s<br />
general criteria, rather the criteria specifies that water be free from “unsightly turbidity”.<br />
.2 Also, the commenter inferred from the presence of darters that this waterbody is not<br />
impaired.<br />
EPA Response:<br />
1. Missouri’s general criteria states that “waters shall be free from substances in<br />
sufficient amounts <strong>to</strong> cause unsightly color or turbidity, offensive odor or prevent full<br />
maintenance of beneficial uses.”<br />
2. While considering the <strong>public</strong> comment, EPA located a visual/benthic field survey<br />
sheet that had been overlooked during EPA’s initial evaluation. EPA calculated the average<br />
<strong>to</strong>lerance value of the taxa reported at the moni<strong>to</strong>ring site for this waterbody. The average<br />
<strong>to</strong>lerance value was determined <strong>to</strong> be 6.3, which is below the CTI 6.5 cu<strong>to</strong>ff value. Therefore,<br />
based on this evaluation of the visual/benthic survey data, EPA is removing East Honey Creek<br />
(WBID 555) from the Missouri 2002 Section 303(d) list.