responsiveness summary to public comments - US Environmental ...

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2. EPA did not identify E. coli as a cause of impairment for the Blue River. Therefore,
the recommendation that EPA should review pathogen contamination of the Blue River and add
it to the 303(d) list as not meeting water quality standards is beyond the scope of EPA’s public
notice.
River Des Peres
Comment:
1. The state’s omission of WBC use designation for the River Des Peres is a violation of
Section 101 of the federal Clean Water Act, which requires that all waterbodies must meet
standards designed to be supportive of aquatic life and whole body contact recreation, unless a
Use Attainability Analysis (UAA) has been conducted. No UAA has been done. The commenter
found it curious that EPA would not apply the fecal coliform criterion to this waterbody, since it
legally, and in fact, is a whole body contact recreation stream (used by children and adults for
this purpose). The commenter further expressed a continuing concern that “existing uses” - in
particular WBC or “primary contact” recreation have not been considered by EPA Region 7 nor
the Missouri Clean Water Commission.
2. EPA should consider the overall level of pathogens in this waterbody. The presence
of human excreta would indicate there is a high level of pathogens. EPA should review pathogen
contamination of this stream, added River Des Peres to the 303(d) list as not meeting water
quality standards due to the presence of pathogens which preclude whole body contact recreation
and for not meeting the general criteria standards.
EPA Response:
1. The comment that “existing uses”, particularly whole body contact recreation, have
not been considered by EPA and the Missouri Clean Water Commission is a water quality
standards issue that falls outside the scope of the EPA’s Public Notice requesting written
comments on EPA’s proposed action to add or add back certain waterbodies and pollutants to the
State’s list. Any modification made to the designated use of the River Des Peres will need to be
addressed through the Water Quality Standards program under Section 303(c) of the Clean Water
Act and the implementing federal regulations at 40 CFR Sections 131.20, 131.21, and 131.22.
2. EPA proposed adding River Des Peres for low DO; therefore the comment
recommending the addition of “pathogens” is beyond the scope of EPA’s public notice.