[Federal Register Volume 65, Number 121 (Thursday, June 22, 2000)]
[Notices]
[Pages 38830-38831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15838]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6721-1]


Notice of Availability of Letter From EPA to the State of 
Wisconsin 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 June 13, 2000 letter written from 
Region 5 of the Environmental Protection Agency (EPA) to the State of 
Wisconsin finding that certain provisions adopted as part of the 
State's 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 June 13, 2000 letter to Wisconsin. The 
letter also expresses EPA's belief that, with the exceptions of those 
inconsistencies, Wisconsin has otherwise adopted requirements that are 
consistent with the remainder of 40 CFR part 132. EPA invites public 
comment on all aspects of that 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 August 7, 2000.

ADDRESSES: Written comments on EPA's findings as described in the June 
13, 2000 letter 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) August 7, 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 June 13, 2000 letter described above is available 
upon request by contacting Ms. Jackson-Willis. That letter and 
materials submitted by the State in support of its submission that EPA 
relied upon in preparing that 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); and the Wisconsin 
Department of Natural Resources, 101 South Webster Street, Madison, 
Wisconsin (telephone: 608-267-2621). 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 Wisconsin, call Mr. 
Robert Masnado at (608) 267-7662 between 8 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 & 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 reviewed the submittals from Wisconsin for consistency with the 
Guidance in accordance with 40 CFR 131 and 132.5. EPA determined that 
certain parts of Wisconsin'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 June 13, 2000, in a letter from EPA 
Region 5 to the Wisconsin Department of Natural Resources, EPA 
described in detail those provisions determined to be inconsistent with 
the Guidance and subject to disapproval if

[[Page 38831]]

not remedied by the State. The inconsistencies relate to the following 
components of the State's submittal in conformance with section 118(c) 
of the CWA and 40 CFR Part 132: aquatic life and human health criteria, 
antidegradation, variances, total maximum daily loads, the procedures 
for evaluating the need for permit limits on specific chemicals, the 
procedures for evaluating the need for limits on whole effluent 
toxicity, water quality based effluent limits below the level of 
quantification, and compliance schedules. Based on our review to date, 
EPA believes that, with the above exceptions, the submittal by 
Wisconsin is consistent with the Guidance. Today, EPA is soliciting 
public comment regarding all aspects of its June 13, 2000 letter. In 
particular, EPA solicits comments on the provisions identified in the 
June 13, 2000 letter as being inconsistent with the CWA and the 
Guidance, on EPA's proposed course of action if Wisconsin fails to 
remedy those inconsistencies, and on EPA's belief that the remainder of 
Wisconsin's submittal is consistent with the Guidance. EPA's letter to 
Wisconsin also describes the provisions of the Guidance that EPA would 
identify in a final rule as applying to discharges in the Great Lakes 
Basin in Wisconsin if the identified inconsistencies are not addressed 
by the State. EPA may decide to identify in such a rule the provisions 
described in EPA's letter to the State, or other relevant provisions of 
the Guidance that EPA determines upon completion of this process to be 
appropriate. EPA broadly solicits comment regarding what provisions of 
the Guidance would be appropriate for EPA to identify in such a rule.
    During the next 90 days, EPA intends to continue working with 
Wisconsin to address the inconsistencies identified in the June 13, 
2000 letter. If Wisconsin 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 Wisconsin.

    Dated: June 13, 2000.
Francis X. Lyons,
Regional Administrator, Region 5.
[FR Doc. 00-15838 Filed 6-21-00; 8:45 am]
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