99-23916. Notice of Availability of Letters From EPA to the States of Indiana, Michigan and Ohio Pursuant to Section 118 of the Clean Water Act and the Water Quality Guidance for the Great Lakes System

[Federal Register Volume 64, Number 177 (Tuesday, September 14, 1999)]
[Notices]
[Pages 49803-49804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23916]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6437-7]


Notice of Availability of Letters From EPA to the States of 
Indiana, Michigan and Ohio 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.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given of letters written from Region 5 of the 
Environmental Protection Agency (EPA) to the States of Indiana, 
Michigan and Ohio finding that certain provisions adopted as part of 
the States' water quality standards and National Pollutant Discharge 
Elimination System (NPDES) permits programs are inconsistent with 
section 118(c) of the Clean Water Act (CWA) and 40 CFR part 132. EPA's 
findings are described in letters dated June 30, 1999 and August 16, 
1999 to Michigan and Ohio and in a letter dated August 16, 1999 to 
Indiana. EPA invites public comment on all aspects of those letters, 
particularly on the findings in the letters and on the course of action 
that EPA proposes to take if the States fail to adequately address 
EPA's findings.

DATES: Comments must be received in writing by October 29, 1999.

ADDRESSES: Written comments on EPA's findings as described in the June 
30, 1999 and August 16, 1999 letters may be submitted to Joan M. 
Karnauskas, Chief, Standards and Applied Sciences Branch (WT-15J), 
Water Division, U.S. Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois, 60604. In the alternative, EPA 
will accept comments electronically. Comments should be sent to the 
following Internet E-mail address: [e-mail]. 
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) October 29, 1999.

FOR FURTHER INFORMATION CONTACT: Joan M. Karnauskas, Standards and 
Applied Sciences Branch (WT-15J), Water Division, U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, or telephone her at [phone].
    Copies of the June 30, 1999 and August 16, 1999 letters described 
above are available upon request by contacting Ms. Karnauskas. Those 
letters and materials submitted by the States in support of their 
submission that EPA relied upon in preparing those letters (i.e., the 
docket) are available for review by appointment at: EPA, Region 5, 77 W 
Jackson Boulevard, Chicago, Illinois (telephone [phone]); the 
Indiana Department of Environmental Management, Indiana Government 
Center North, 100 N. Senate, Indianapolis, Indiana (telephone 317-233-
8903); the Michigan Department of Environmental Quality, 300 S. 
Washington Square, Lansing, Michigan (telephone [phone]); and, the 
Ohio Environmental Protection Agency, Lazarus Government Center, 122 S.

[[Page 49804]]

Front Street, Columbus, Ohio (telephone [phone]). To access the 
docket material in Chicago, call Ms. Mery Willis at [phone] 
between 8 a.m. and 4:30 p.m. (central time) (Monday-Friday); in 
Indiana, call Ms. Kari Simonelic at [phone] between 8 a.m. and 
4:30 p.m. (central time); in Michigan, call Ms. Brenda Sayles at (517) 
335-4198 between 8 a.m. and 4:30 p.m. (eastern time); and, in Ohio, 
call Mr. Robert Heitzman at [phone] between 8 a.m. and 4:30 p.m. 
(eastern time).

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 
document 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 reviewed the submittals from Indiana, Michigan and Ohio for 
consistency with the Guidance in accordance with 40 CFR 131 and 132.5. 
EPA determined that certain parts of each 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 June 30, 1999 and August 16, 
1999, in letters from EPA Region 5 to the Indiana Department of 
Environmental Management, the Michigan Department of Environmental 
Quality and the Ohio Environmental Protection Agency, 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 
submittals in conformance with section 118(c) of the CWA and 40 CFR 
part 132: in Indiana, variances, the procedures for evaluating the need 
for permit limits on specific chemicals, and the procedures for 
evaluating the need for limits on whole effluent toxicity; in Michigan, 
the procedures for evaluating the need for limits on whole effluent 
toxicity; and, in Ohio, the biocriteria narrative provisions and the 
procedures for evaluating the need for limits on whole effluent 
toxicity. Based on our review to date, EPA believes that, with the 
above exceptions, the submissions by these States are consistent with 
the Guidance. Today, EPA is soliciting public comment regarding all 
aspects of those letters. In particular, EPA solicits comments on the 
provisions identified in the June 30, 1999 and August 16, 1999 letters 
as being inconsistent with the CWA and the Guidance, on EPA's proposed 
course of action if a State fails to remedy those inconsistencies, and 
on EPA's belief that the remainder of the States' submissions are 
consistent with the Guidance.
    During the next 90 days, EPA intends to continue working with 
Indiana, Michigan and Ohio to address the inconsistencies identified in 
the June 30, 1999 and August 16, 1999 letters. If a 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 each of the States.

    Dated: September 3, 1999.
Francis X. Lyons,
Regional Administrator, Region 5.
[FR Doc. 99-23916 Filed 9-13-99; 8:45 am]
BILLING CODE 6560-50-M