[Federal Register Volume 64, Number 236 (Thursday, December 9, 1999)]
[Notices]
[Pages 69019-69020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31770]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6504-7]


Notice of Availability of Letter from EPA to the State of 
Illinois 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 5 of 
the Environmental Protection Agency (EPA) to the State of Illinois 
finding that certain provisions adopted as part of the State's 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 a letter dated November 12, 1999. 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 January 24, 2000.

ADDRESSES: Written comments on EPA's findings as described in the 
November 12, 1999 letters may be submitted to Mery Jackson-Willis, 
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: [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) January 24, 2000.

FOR FURTHER INFORMATION CONTACT: Mery Jackson-Willis, 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 (312) 886-3717.
    Copies of the November 12, 1999 letter described above are 
available upon request by contacting Ms. Jackson-Willis. Those letters 
and materials submitted by the State in support of their submission 
that EPA relied upon in preparing this letter (i.e., the docket) are 
available for review by appointment at: EPA, Region 5, 77 W Jackson 
Boulevard, Chicago, Illinois (telephone 312-886-3717); the Illinois 
Environmental Protection Agency, 1021 North Grand Avenue East, 
Springfield, Illinois (telephone 217-782-1654). To access the docket 
material in Chicago, call Ms. Mery Jackson-Willis at (312) 886-3717 
between 8 a.m. and 4:30 p.m. (central time) (Monday-Friday); in 
Illinois, call Mr. Toby Frevert at (217) 782-1654 between 8:30 a.m. and 
4:30 p.m. (central 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 
notice in the Federal Register identifying the approved and disapproved 
elements of the submission

[[Page 69020]]

and a final rule identifying the provisions of Part 132 that shall 
apply for discharges within the State.
    EPA reviewed the submittal from Illinois for consistency with the 
Guidance in accordance with 40 CFR 131 and 132.5. EPA determined that 
certain parts of Illinois' 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 November 12, 1999, in a letter from 
EPA Region 5 to the Illinois 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: the equation for calculation of wildlife criteria, the 
procedures for implementing antidegradation, site-specific 
modifications to protect threatened and endangered species, variances, 
total maximum daily loads, chemical specific and whole-effluent 
toxicity reasonable potential, mixing zone demonstrations, intake 
pollutants, determination of reasonable potential using fish tissue 
data, water quality based limitations below quantification levels, and 
compliance schedules. Based on our review to date, EPA believes that 
with the above exceptions, the submission by the State of Illinois is 
consistent with the Guidance. Today, EPA is soliciting public comment 
regarding all aspects of this letter. In particular, EPA solicits 
comments on the provisions identified in the November 12, 1999 letter 
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 State's submissions are 
consistent with the Guidance.
    During the next 90 days, EPA intends to continue working with 
Illinois to address the inconsistencies identified in the November 12, 
1999 letter. If Illinois 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 Illinois.

    Dated: November 24, 1999.
Francis X. Lyons,
Regional Administrator, Region 5.
[FR Doc. 99-31770 Filed 12-8-99; 8:45 am]
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