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WAT021
05/2004
2004 Section 303(d) List of Impaired Waterbodies for Nebraska
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Executive Summary
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Executive Summary
1.0 Introduction

Section 303(d) of the federal Clean Water Act (CWA), which Congress enacted in 1972 requires states,territories and authorized tribes to identify and establish a priority ranking for all waterbodies in which technology-based effluent limitations required by section 301 are not stringent enough to attain and maintain applicable water quality standards, establish total maximum daily loads (TMDLs) for the pollutants causing impairment in those waterbodies, and submit, from time to time, the (revised) list of impaired waterbodies and TMDLs to the U.S. Environmental Protection Agency (EPA). The requirements to identify and establish TMDLs apply to all waterbodies regardless of whether a waterbody is impaired by point sources, nonpoint sources, or a combination of both. Pronsolino v. Marcus, 2000 WL 356305 (N.D. Cal. March 30, 2000.)

EPA issued regulations governing identification of impaired waterbodies and establishment of TMDLs at § 130.7 in 1985 and revised them in 1992 and again in 2000. However, on March 19, 2003, a final rule to formally and completely withdraw the 2000 regulations was published in the Federal Register. Therefore, the listing of impaired waters will be conducted under the 1985 TMDL regulations, as amended in 1992.

Section 305(b) of the CWA directs states to prepare a report every two (2) years that describes the status and trends of existing water quality, the extent to which designated uses are supported, pollution problems and sources and the effectiveness of the water pollution control programs.

On July 21, 2003 EPA issued guidance for the 2004 waterbody assessments and reporting requirements for Section 303(d) and Section 305(b) of the Clean Water Act. The final product is referred to as an “Integrated Report” and EPA’s goal for this report is to provide the general public with a comprehensive summary of state and national water quality. The NDEQ has opted to prepare such a report not only for the general public but also for water quality management planning purposes (e.g. future monitoring, TMDL development, best management practice implementation).

To facilitate the waterbody assessment process and accommodate the above recognized needs the Department prepared and utilized the Methodologies for Waterbody Assessment and Developing the 2004 Integrated Report for Nebraska. These procedures lay out the step-by-step process that was undertaken to characterize the waterbodies.

2.0 Waterbody Categories

Similar to the 2002 Section 303(d) List, the 2004 Integrated Report 2002 includes multiple categories of waterbodies to present information in a descriptive and comprehensive manner. The 5 waterbody categories are as follows:

Category 1 – Waterbodies where all designated uses are met.

Category 2 – Waterbodies where some of the designated uses are met but there is insufficient information to determine if all uses are being met.

Category 3 – Waterbodies where there is insufficient data to determine if any beneficial uses are being met.

Category 4 – Waterbody is impaired, but a TMDL is not needed. Sub-categories 4A-C outline the rationale for the waters not needing a TMDL:
Category 5 – Waterbodies where one or more beneficial uses are determined to impaired by one or more pollutants and all of the TMDLs have not been developed. Category 5 waters constitute the Section 303(d) list subject to EPA approval/disapproval.

3.0 Data Sources

The data assessed for the Integrated Report was obtained from several sources, including federal, state and local agencies and entities. A formal request for the data was made in September 2003. A copy of the data request letter will be submitted to EPA Region 7 as an attachment to the Integrated Report.

4.0 Assessment Outcomes and Interpretation

Based on the procedures cited above, a waterbody beneficial use assessment can have 1 of 3 outcomes:

The format of the Integrated Report is set to allow the user to navigate through a river basin, similar to the tables found in Title 117 – Nebraska Surface Water Quality Standards. The tables list the waterbody identification number, name and applicable beneficial uses. Shaded cells indicate the beneficial use has not been assigned to the waterbody.

5.0 Waterbody Beneficial Uses

Beneficial uses are assigned to all surface waters within or bordering the State and descriptions of each can be found in Title 117 – Nebraska Surface Water Quality Standards (Title 117), Chapter 4. All uses are not assigned to all waters and use attainability analyses are utilized on a waterbody by waterbody basis to determine whether or not the use(s) are applicable. The beneficial uses defined by Title 117 are:
Title 117 includes 1556 designated stream segments and 515 lakes/impounded waters. The waterbody assessments also included 5 lakes/reservoirs that have not been assigned a waterbody identification number. Table 5.0a presents the beneficial use totals by river basin for streams and 5.0b presents the beneficial use totals by river basin for the lakes/impounded waters.

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Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186