[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Notices]
[Pages 24957-24958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10657]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6586-9]
Notice of Availability of Letter From EPA to the State of New
York 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 of availability.
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SUMMARY: Notice is hereby given of a letter written from Region 2 of
the Environmental Protection Agency (EPA) to the State of New York
finding that for the most part the State has adopted water quality
standards and National Pollutant Discharge Elimination System (NPDES)
permits program revisions which are consistent with section 118(c) of
the Clean Water Act and 40 CFR part 132. However, there are certain
provisions adopted as part of the State's water quality standards and
NPDES permits programs that are inconsistent with section 118(c) of the
Clean Water Act and 40 CFR part 132. EPA's findings are described in a
letter dated April 11, 2000 to New York State. EPA invites public
comment on all aspects of this letter, particularly on the findings in
the letter and on the course of action that EPA proposes to take if the
State fails to adequately address EPA's findings.
DATES: Comments must be received in writing by June 12, 2000.
ADDRESSES: Written comments may be submitted to Wayne F. Jackson,
Community and Ecosystems Protection Branch, Division of Environmental
Planning and Protection, U.S. Environmental Protection Agency, Region
2, 290 Broadway, New York, New York, 10007. In the alternative, EPA
will accept comments electronically. Comments should be sent to the
following Internet E-mail address: [email protected]. Electronic
comments must be submitted in an ASCII file avoiding the use of special
characters and any form of encryption. EPA will print electronic
comments in hard-copy paper form for the official administrative
record. EPA will attempt to clarify electronic comments if there is an
apparent error in transmission. Comments provided electronically will
be considered timely if they are submitted electronically by 11:59 p.m.
(Eastern time) June 12, 2000.
FOR FURTHER INFORMATION CONTACT: Wayne F. Jackson, Community and
Ecosystems Protection Branch, Division of Environmental Planning and
Protection, U.S. Environmental Protection Agency, Region 2, 290
Broadway, New York, New York, 10007, or telephone him at (212) 637-
3807.
Copies of the April 11, 2000 letter described above are available
upon request by contacting Mr. Jackson. The April 11, 2000 letter and
materials submitted by New York in support of its submission that EPA
relied upon in preparing the letter (i.e., the docket) are available
for review by appointment at: EPA, Region 2, 290 Broadway, New York,
New York (telephone 212-637-3807); and the New York State Department of
Environmental Conservation, 50 Wolf Road, Room 310 C, Albany, New York.
To access the docket material in New York, call Mr. Jackson at (212)
637-3807 between 8 a.m. and 4:30 p.m. (Eastern time) (Monday-Friday);
in Albany, New York, call Teresa Deihsner at 518-457-7937 between 8
a.m. and 4:30 p.m. (Eastern time) (Monday-Friday).
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 & 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.
[[Page 24958]]
EPA reviewed the submission from New York State for consistency
with the Guidance in accordance with 40 CFR 131 and 132.5. EPA
determined that for the most part the State of New York has adopted
water quality standards and NPDES permits program revisions which are
consistent with section 118(c) of the Clean Water Act and 40 CFR part
132. However, there are certain parts of the State's submission that
are inconsistent with the requirements of the Clean Water Act or 40 CFR
part 132 and will be subject to EPA disapproval if not corrected. On
April 11, 2000, in a letter from EPA Region 2 to the New York State
Department of Environmental Conservation, EPA described in detail those
provisions determined to be inconsistent with the Guidance and subject
to disapproval if not remedied by the State. The inconsistencies relate
to the following components of the State's submission in conformance
with section 118(c) of the CWA and 40 CFR part 132: (1) Application of
the State's chronic aquatic life water quality criteria in certain
waters of the Great Lakes Basin; (2) water quality criteria for mercury
for the protection of wildlife; (3) Procedure 3 of Appendix F of the
Guidance for developing total maximum daily loads and so-called
``phased'' total maximum daily loads; (4) Procedure 5 for determining
reasonable potential to exceed water quality standards for both
industrial and municipal dischargers, including the use of fish tissue
data, and the consideration of intake credits; (5) Procedure 6 for
determining reasonable potential for whole effluent toxicity, and
including limits in the permit when a determination of reasonable
potential for whole effluent toxicity has been made; (6) Procedure 7
for expressing water quality-based effluent limits (WQBELs) in terms of
both mass and concentration; (7) Procedure 8 for including calculated
WQBELs in the permit when the WQBEL is below the quantification level,
the need to require a pollution minimization plan in all such cases;
and, (8) Procedure 9 for limiting the availability of compliance
schedules to existing discharges to the Great Lakes Basin. Based on our
review to date, EPA believes that, with the above exceptions, the
submission by New York is consistent with the Guidance. Today, EPA is
soliciting public comment regarding all aspects of the April 11, 2000
letter. In particular, EPA solicits comments on the provisions
identified in the April 11, 2000 letter as being inconsistent with the
CWA and the Guidance, on EPA's proposed course of action if New York
State fails to remedy those inconsistencies, and on EPA's belief that
the remainder of the State's submission is consistent with the
Guidance. EPA's letter also describes the provisions of the Guidance
that EPA would identify in a final rule as applying to discharges in
the New York portion of the Basin if the identified inconsistencies are
not addressed by the State. EPA may decide to identify in such a rule
the provisions described in our letter, or other relevant provisions of
the Guidance that the Agency determines upon completion of this process
to be appropriate, and the Agency broadly solicits comment regarding
what provisions would be appropriate to identify in such a rule.
During the next 90 days, EPA intends to continue working with New
York State to address the inconsistencies identified in the April 11,
2000 letter. If the State fails to remedy any of the inconsistencies
identified in the letter, EPA will publish a notice in the Federal
Register identifying the disapproved elements and the corresponding
portions of Part 132 that will apply to waters within the Great Lakes
Basin in New York State.
William J. Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 00-10657 Filed 4-27-00; 8:45 am]
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