Impaired waters four

Influencing which waters are placed on the 303(d) list

Some states do call for data from the public while drafting the 303(d) list. In most states, however, the public will see only a draft 303(d) list when it comes out for public comment. Once the draft 303(d) list is released, you have at least 30 days to comment, and you may request a hearing (40CFR130.7).

By providing valuable information to the listing process, you can help improve the quality of the 303(d) list. Any information that is collected about the health of a water body may be useful to the state in determining whether designated and existing uses are supported or water quality criteria are met.

If a water body has problems, it will likely receive more attention and resources in the years ahead if it is placed on the 303(d) list than if it is not. Consequently, it is critical that citizens regularly provide information to the state to help identify newly impaired or threatened waters. The 303(d) list may be updated more frequently than is officially required by the EPA.

Removing waters from the “threatened and impaired waters” list

Many states continue to look for ways to shorten their 303(d) list and thus reduce their responsibilities for developing plans to solve the problems (Total Maximum Daily Loads). EPA policy allows states to remove water bodies from the list after they have developed a plan or after other changes have been made, such as revisions to one or more permits (to correct any water quality problems), weakening of standards or removal of designated uses. Unfortunately, this policy can result in attention being drawn away from many water bodies before water quality is improved.

Some experts insist that waters should stay on the list until they meet water quality standards, and others believe that waters on the list should remain on the list indefinitely because they will always be threatened or at risk of impairment.

Parties whose activities contribute to a water body's impairment may attempt to persuade the state to remove the water from the list. Sometimes these parties claim that certain uses are not attainable or that standards have not been violated. As explained in Lesson One, designated uses may not be deemed unattainable and removed unless a formal analysis clearly shows that that they cannot be attained.