[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: <a href="/cdn-cgi/l/email-protection#b2d8d3d1d9c1dddc9cc5d3cbdcd7f2d7c2d39cd5ddc4"><span class="__cf_email__" data-cfemail="b9d3d8dad2cad6d797ced8c0d7dcf9dcc9d897ded6cf">[email protected]</span></a>. 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]
BILLING CODE 6560-50-P


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