[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: [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) 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]
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