[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Pages 27729-27730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12894]



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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5210-9]


Determining Compliance With Water Quality Based Effluent Limits 
Below Quantitation in the Absence of Promulgated Minimum Levels (MLs)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for Technical Data and Notice of Presentation-Style 
meeting.

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SUMMARY: On March 22, 1994, the Environmental Protection Agency's (EPA) 
Office of Wastewater Management (OWM) released for comment the draft 
``National Guidance for the Permitting, Monitoring, and Enforcement of 
Water Quality-based Effluent Limitations Set Below Analytical Detection 
or Quantitation Levels.'' The draft guidance was distributed to EPA 
Headquarters, EPA Regions, National Pollutant Discharge Elimination 
System (NPDES) state representatives, trade associations and 
environmental groups for comment. In general, there was support by all 
parties for the need for the guidance. However, there were several 
issues raised by the commenters which must be resolved before the 
guidance becomes final. Of particular concern to commenters was the 
methodology used to determine quantitation levels in the absence of 
promulgated MLs. Today's notice is to invite interested stakeholders to 
submit technical data to EPA on this issue, and to announce a meeting 
to discuss this topic and the data submitted.

DATES: Technical information should be submitted on or before June 22, 
1995. A presentation-style meeting is scheduled for Wednesday, August 2 
and Thursday, August 3, 1995 in McLean, Virginia. Meeting attendees 
should reply by June 22, 1995, confirming your attendance.

ADDRESSES: Technical data should be sent to Jackie Romney; U.S. 
Environmental Protection Agency; Office of Wastewater Management; MC-
4203; 401 M Street, S.W.; Washington, DC 20460; 202/260-9528. A 
Government contractor will compile and maintain the confidentiality of 
the data. Meeting reservations should be made by calling Lynn Kurth of 
SAIC at 703/917-8496.

FOR FURTHER INFORMATION CONTACT: Jackie Romney; U.S. Environmental 
Protection Agency; Office of Wastewater Management; MC--4203; 401 M 
Street, S.W.; Washington, DC 20460; 202/260-9528.

SUPPLEMENTARY INFORMATION: On March 22, 1994, EPA's Office of 
Wastewater Management released the draft ``National Guidance for the 
Permitting, Monitoring, and Enforcement of Water Quality-based Effluent 
Limitations Set Below Analytical Detection or Quantitation Levels.'' 
The primary intent of the guidance is to promote national consistency 
in the implementation of water quality-based effluent limits (WQBELs) 
established below detection or quantitation levels. The secondary 
intent of the guidance is to ensure that National Pollutant Discharge 
Elimination System (NPDES) permittees strive to measure as closely as 
possible to WQBELs even in the absence of more sensitive promulgated 
methods. The draft guidance contains four main recommendations 
including: (1) Permit limits should be expressed as the calculated 
WQBEL; (2) the minimum level (ML) should be used as the quantitation 
level and included in the permit as a footnote to the WQBEL; (3) where 
a promulgated ML is not available, an ``interim ML'' should be 
calculated using a factor of 3.18 times the method detection limit 
(MDL); and (4) analytical results below the ML should be reported as 
zero.
    The draft guidance was distributed to EPA Headquarters, EPA 
Regions, NPDES state representatives, and trade associations and 
environmental groups for comment. In general, there was support by all 
parties for the need for the guidance. However, there were several 
technical issues that were raised. Of particular concern to commenters 
was the methodology used to determine quantitation levels in the 
absence of promulgated MLs. Based on subsequent meetings with the 
regulated community, EPA has delayed finalizing the guidance until this 
issue is resolved.
    A presentation-style meeting will be held on August 2-3, 1995 in 
McLean, [[Page 27730]] Virginia, to gather additional technical 
information to assist EPA in resolving these technical issues in order 
to finalize the guidance. This meeting will involve representatives 
from EPA Regions, States, the regulated community, trade associations, 
the scientific community, and environmental groups. Representatives 
from the parties submitting comments are invited to attend the meeting 
to present supporting data. This meeting will focus particularly on the 
procedure for developing quantitation levels (when there is no 
promulgated ML) to measure compliance with WQBELs. The meeting will 
provide an opportunity for commenters to present information supporting 
their specific concerns.
    EPA is interested in the following types of technical data:
    (1) Data to support the proposed use of the minimum level at 3.18 
time the MDL (analogous to the International Union of Pure and Applied 
Chemistry (IUPAC) and the American Chemical Society (ACS) limit of 
quantitation) in the absence of a promulgated ML.
    (2) Data to support an alternative quantitation level for 
compliance monitoring with WQBELs in the absence of a promulgated ML.
    (3) Data which show the impacts of matrix interference which are 
not accounted for through the proposed site-specific MDLs or MLs, as 
well as any industry matrix interference data to support matrix 
interference cases.
    In addition to the technical data above, EPA would like to review 
any actual examples submitted by commenters of enforcement actions 
taken for violating WQBELs set below detection or quantitation levels.
    It is EPA's objective that this meeting be comprised of 
representatives who: contribute technical expertise relevant to this 
topic; represent a wide spectrum of interests (e.g, business, academia, 
environmental groups, and government); and are willing to participate 
in the entire two day meeting.
    Participants must submit any supporting data they wish to provide 
by June 22, 1995. The data will be compiled by EPA prior to the meeting 
to ensure an organized presentation of information. Please note that 
technical comments on alternative approaches to develop quantitation 
levels received without supporting technical data cannot be considered 
at the meeting. If a copy of the March 22, 1994, draft ``National 
Guidance for the Permitting, Monitoring, and Enforcement of Water 
Quality-based Effluent Limitations Set Below Analytical Detection or 
Quantitation Levels'' is needed, please contact Mildred Thomas at 202/
260-6054 to receive a copy.
    Once EPA has reviewed the data, data summaries will be sent to all 
registered participants prior to the August meeting. Specific 
information on the meeting location, time of meeting and meeting agenda 
will be sent to each registered participant prior to the August 2 & 3, 
1995 meeting.

    Dated: May 17, 1995.
Michael B. Cook,
Director, Office of Wastewater Management.
[FR Doc. 95-12894 Filed 5-24-95; 8:45 am]
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