[Federal Register Volume 65, Number 153 (Tuesday, August 8, 2000)]
[Notices]
[Page 48517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20023]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6847-8]
Notice of Approval of the State of Minnesota's Submission
Pursuant to Section 118 of the Clean Water Act and the Water Quality
Guidance for the Great Lakes System
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: Notice is hereby given of approval of the State of Minnesota's
submission of criteria, methodologies, policies and procedures for the
Great Lakes System pursuant to Section 118(c) of the Clean Water Act.
DATES: EPA's approval is effective on August 8, 2000.
FOR FURTHER INFORMATION CONTACT: Mery Jackson-Willis, U.S. EPA, Region
5, 77 West Jackson Blvd., Chicago, IL 60604, or telephone her at (312)
353-3717.
Copies of a letter from EPA to the State of Minnesota describing
EPA's decision are available upon request by contacting Ms. Jackson-
Willis. This letter and other related materials submitted by the State
in support of its submission and considered by EPA in its decision, as
well as documents generated by EPA explaining the basis for its
decision, are available for review by appointment at U.S. EPA Region 5,
77 West Jackson Blvd, Chicago, IL 60604. Appointments may be made by
calling Ms. Jackson-Willis.
SUPPLEMENTARY INFORMATION: On March 23, 1995, EPA published the Final
Water Quality Guidance for the Great Lakes System (Guidance) pursuant
to section 118(c)(2) of the Clean Water Act, 33 U.S.C. 1268(c)(2).
(March 23, 1995, 60 FR 15366). The Guidance, which was codified at 40
CFR Part 132, requires the Great Lakes States to adopt and submit to
EPA for approval water quality criteria, methodologies, policies and
procedures that are consistent with the Guidance. 40 CFR 132.4 and
132.5. EPA is required to approve of the State's submission within 90
days or notify the State that EPA has determined that all or part of
the submission is inconsistent with the Clean Water Act or the Guidance
and identify any necessary changes to obtain EPA approval. If the State
fails to make the necessary changes within 90 days, EPA must publish a
notice in the Federal Register identifying the approved and disapproved
elements of the submission and a final rule identifying the provisions
of Part 132 that shall apply for discharges within the State.
On April 28, 1998, EPA published in the Federal Register notice of
its receipt of Minnesota's Great Lakes Guidance submission and a
solicitation of public comment on the National Pollutant Discharge
Elimination System (NPDES) portion of that submission. 63 FR 23285. On
September 28, 1999, EPA issued a letter notifying the Minnesota
Pollution Control Agency (MPCA) that, based upon commitments by MPCA,
including a commitment to enter into an Addendum to its Memorandum of
Agreement with EPA regarding the State's approved NPDES program, EPA
believed that the State of Minnesota had generally adopted requirements
consistent with the Guidance. On October 20, 1999, EPA published in the
Federal Register a notice of and solicitation of public comment on its
September 28, 1999, letter. 64 FR 56505. On May 1, 2000, Minnesota
fulfilled the commitments described in the letter, including entering
into an Addendum to its Memorandum of Agreement with EPA regarding the
State's approved NPDES program in which MPCA commits to always exercise
its discretion under those provisions in a manner consistent with the
Guidance.
EPA has determined that the entirety of Minnesota's submission is
consistent with 40 CFR Part 132. The elements of Minnesota's submission
that EPA is approving consist of standards, methodologies, policies and
procedures adopted in accordance with the following provisions of the
Guidance: the definitions in 40 CFR 132.2; the water quality criteria
for the protection of aquatic life, human health and wildlife in tables
1-4 of Part 132; the methodologies for development of aquatic life
criteria and values, bioaccumulation factors, human health criteria and
values and wildlife criteria in Appendices B-D of Part 132; the
antidegradation policy in Appendix E of Part 132; and the
implementation procedures in Appendix F of Part 132. EPA approves these
elements in Minnesota's submission pursuant to 40 CFR 132.5. Today's
final action only addresses the Minnesota provisions adopted to comply
with section 118(c)(2) of the Clean Water Act and 40 CFR Part 132. EPA
is taking no action at this time with respect to other revisions
Minnesota may have made to its NPDES program or water quality standards
in areas not addressed by the Guidance or applicable outside of the
Great Lakes System.
Francis X. Lyons,
Regional Administrator, Region 5.
[FR Doc. 00-20023 Filed 8-7-00; 8:45 am]
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