[Federal Register Volume 64, Number 9 (Thursday, January 14, 1999)]
[Notices]
[Pages 2490-2491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-889]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6218-9]
Notice of Availability of Letter from EPA to the State of
Pennsylvania Pursuant to Section 118 of the Clean Water Act and 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 3 of
the Environmental Protection Agency (EPA) to the State of Pennsylvania
finding that certain provisions adopted as part of its water quality
standards and National Pollutant Discharge Elimination System (NPDES)
permits program are inconsistent with section 118(c) of the Clean Water
Act (CWA) and 40 CFR part 132. EPA's findings are described in the
December 18, 1998, letter from EPA Region 3 to the Pennsylvania
Department of Environmental Protection. EPA invites public comment on
the findings in the letter and whether it should disapprove these
provisions pursuant to 40 CFR 123.62 and 132.5.
DATES: Comments must be received in writing by March 1, 1999.
ADDRESSES: Written comments on EPA's findings as described in the
December 18, 1998, letter may be submitted to Evelyn S. MacKnight,
Chief, PA/DE Branch (3WP11), Water Protection Division, U.S.
Environmental Protection Agency, 1650 Arch Street, Philadelphia,
[[Page 2491]]
Pennsylvania 19103-2029. In the alternative, EPA will accept comments
electronically. Comments should be sent to the following Internet E-
mail address: macknight.evelyn@epamail.epa.gov. 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) March 1, 1999.
FOR FURTHER INFORMATION CONTACT: Evelyn S. MacKnight, PA/DE Branch
(3WP11), Office of Watersheds, Water Protection Division, U.S.
Environmental Protection Agency, Region 3, 1650 Arch Street,
Philadelphia, Pennsylvania 19103, or telephone her at (215) 814-5717.
Copies of the December 18, 1998, letter describing EPA's findings
that provisions adopted by the Commonwealth are inconsistent with the
CWA and 40 CFR part 132 are available upon request by contacting Ms.
MacKnight. This letter and other related materials submitted by the
Commonwealth in support of their submission, are available for review
by appointment at: EPA, Region 3, 1650 Arch Street, Philadelphia,
Pennsylvania (telephone 215-814-5751); and Pennsylvania Department of
Environmental Protection, Northwest Regional Office, 230 Chestnut
Street, Meadville, Pennsylvania. To access the docket material in
Philadelphia, call Ms. Renee Gruber at (215) 566-5751 between 8 a.m.
and 4:30 p.m. (Eastern time) (Monday-Friday); in Meadville, call Mr.
Kelly Burch at (814) 332-6816.
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.
EPA has received the submission from Pennsylvania and has reviewed
it for consistency with the Guidance in accordance with 40 CFR part 131
and 132.5. EPA has determined that certain parts of Pennsylvania's
submittal are inconsistent with the requirements of the CWA or 40 CFR
part 132 and will be subject to EPA disapproval if not corrected. On
December 18, 1998, in a letter from EPA Region 3 to the Pennsylvania
Department of Environmental Protection, 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) Water quality
criteria for Chromium III to protect aquatic life; (2) water quality
criteria to protect human health from cyanide, 2,4-dinitrophenol, and
mercury; (3) administrative and scientific requirements for site-
specific modification to criteria based on ambient conditions; (4)
Appendix A of the Guidance for developing Tier I aquatic life criteria;
(5) Appendix B of the Guidance for development of bioaccumulation
factors for non-bioaccumulative chemicals of concern; (6) Appendix C of
the Guidance for development of Tier I human health criteria; (7)
Procedure 3 of Appendix F of the Guidance for developing total maximum
daily loads; (8) Procedure 5 for determining reasonable potential to
exceed water quality standards; and (9) Procedure 6 for whole effluent
toxicity. Today, EPA is soliciting public comment regarding provisions
identified in the December 18, 1998, letter as being inconsistent with
the CWA and the Guidance, and whether EPA should disapprove those
provisions based on its findings pursuant to 40 CFR 123.62 and 132.5.
During the next 90 days, EPA intends to continue working with
Pennsylvania to address the inconsistencies identified in the December
18, 1998 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 Pennsylvania. With the exception of the specific
inconsistencies identified in the December 18, 1998 letter, EPA
believes that the State's submission under part 132 is consistent with
federal requirements, and intends to approve those aspects of the
submittal when EPA takes final action on the submittal.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 99-889 Filed 1-13-99; 8:45 am]
BILLING CODE 6560-50-P
