[Federal Register Volume 65, Number 233 (Monday, December 4, 2000)]
[Notices]
[Pages 75699-75701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30908]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6911-5]


Notice of Request for Comments on State, Regulated Community, and 
Small Business Cost Resulting From the TMDL Program

AGENCY: Environmental Protection Agency.

ACTION: Notice for solicitation of comments.

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SUMMARY: The Environmental Protection Agency (EPA) is soliciting 
comments on State resources required for development and implementation 
of Total Maximum Daily Loads (TMDLs), estimated annual costs to the 
regulated community, and estimated costs to small businesses resulting 
from

[[Page 75700]]

regulatory changes to the TMDL program. Under the Clean Water Act 
(CWA), States establish water quality standards for water bodies. The 
CWA provides a range of mechanisms to support the attainment and 
maintenance of these standards (e.g. discharge permits, financial 
assistance, etc.). A TMDL is a mechanism for determining a cost-
effective combination of steps that will result in a polluted water 
body being restored and attaining water quality standards. 
Congressional Committee Reports accompanying EPA's appropriation for 
fiscal year 2001 direct EPA to conduct a comprehensive assessment of 
State and regulated community costs related to TMDLs, to solicit 
comments from the States and general public on these costs, and to 
present the results of the study to Congress within 120 days of the 
signing of the appropriation bill. The information submitted in 
response to this notice will be used by EPA in the development of the 
report that EPA must send to the Congress.

DATES: EPA will consider all comments received on or before 11:59 
p.m.(Eastern time) January 3, 2001. Comments received after this time 
may be reviewed at EPA's discretion.

ADDRESSES: Please send electronic mail to [email protected]. Please 
send mailed comments to: W-00-31 Comment Clerk, Water Docket (MC 4101); 
U.S. Environmental Protection Agency; 1200 Pennsylvania Avenue, NW; 
Washington, DC 20460. Overnight delivery or hand delivery should be 
delivered to EPA's Water Docket at 401 M Street, SW; Room EB57; 
Washington, DC, 20460. Please see SUPPLEMENTARY INFORMATION for other 
information about comments.

FOR FURTHER INFORMATION CONTACT: Michael Haire by phone at (202) 260-
2734 or e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

What Does the Appropriation Bill Require?

    On October 27, 2000, the President signed EPA's appropriation bill 
for fiscal year 2001. The Committee Reports for that bill require EPA 
to conduct three assessments related to TMDLs, one of which pertains to 
costs to States and the regulated community. The Conference Committee 
Report, House Report 106-988 (H.R. 4635), states:

    . . . Further, EPA is directed to conduct a comprehensive 
assessment of the potential State resources which will be required 
for the development and implementation of TMDLs and present the 
results of the study to Congress within 120 days of enactment of 
this Act. In conducting this cost assessment, EPA must, in addition 
to direction included in Senate Report 106-410, provide an estimate 
of the annual costs to the regulated community in both the private 
and public sectors; address concerns regarding the economic analysis 
performed by the Administrator on regulatory changes to the TMDL 
program that were identified by the Comptroller General in a June 
21, 2000, report; and estimate the costs to small businesses that 
would result from regulatory changes to the TMDL program. In 
conducting these analyses, the Administrator shall solicit comment 
from the Comptroller General, each State, and the public regarding 
the Agency's assessment.

    The Senate Committee Report, Senate Report 106-410, states:

    TMDLs Cost Assessment.--To obtain better cost information, the 
Committee directs EPA to conduct a comprehensive assessment of the 
potential State resources which will be required for the development 
and implementation of TMDLs and present the results of this study to 
Congress within 120 days of enactment of this Act. At a minimum, the 
report should (1) identify any expected increase in State personnel 
needed to develop and implement 40,000 TMDLs; (2) specify additional 
data collection activities to make listing decisions; (3) identify 
the cost of conducting the needed studies to collect high quality 
data on the current loads from sources (point and nonpoint sources) 
of a pollutant on 303(d) listed waters slated for TMDL development; 
and (4) provide an estimate of the annual costs to the private 
sector due to TMDL implementation and related costs.

What Is the Purpose of This Notice?

    As required by the Congress, EPA is in the process of developing 
the assessment of State costs in developing and implementing TMDLs, 
regulated community costs resulting from TMDLs, and costs to small 
businesses that will result from the July 2000 regulatory changes to 
the TMDL program. (See 65 FR 43585-43670, July 13, 2000, which is 
available at http://www.epa.gov/owow/tmdl/july2000.html.) EPA will also 
address the concerns expressed by the Comptroller General on EPA's 
costs assessment for the July 2000 rule. The Comptroller General's 
comments can be found on the Internet at http://www.gao.gov/cgi-bin/getrpt?GAO/RCED-00-206R.
    EPA solicits information on the topics (above) that EPA is 
addressing. In particular, EPA is looking for comments and information 
on:

     the costs to States and Territories for developing and 
implementing TMDLs; including any savings that may be associated 
with use of a TMDL to achieve the water quality goals of the CWA, as 
opposed to other provisions of the Act, and the potential need for 
additional information to assess current loads. You may want to view 
EPA's assessment model for State costs under the current TMDL 
program at http://www.asiwpca.org/policy/index.htm#WQ;
     the costs to the regulated community in both the 
private and public sectors for complying with TMDLs, including any 
savings that may result from more cost-effective pollution control 
approaches developed through the TMDL process (e.g. use of more 
cost-effective control mechanisms, coordination of program 
requirements and time lines for a water body, and integration of 
pollution control planning for multiple water bodies with common 
pollution problems);
     the costs to small businesses that would result from 
the July 2000 regulatory changes to the TMDL program. You may want 
to review EPA's assessment of the potential affect of this rule on 
small businesses. (See 65 FR 43654-43656, July 13, 2000, which is 
available at http://www.epa.gov/owow/tmdl/july2000.html);
     the concerns expressed by the Comptroller General on 
EPA's costs assessment for the July 2000 rule. You may want to 
review EPA's assessment of these costs in EPA's docket W-98-31 
located at the Water Docket, Room EB57, 401 M Street, SW, 
Washington, DC; and
     any additional data collection efforts you believe are 
required by the July 2000 regulation to make listing decisions.

    Due to the need to conduct and submit the assessments within 120 
days, and the requirement to solicit comments, EPA has decided to 
request comments early in the process of developing the assessments. 
EPA believes, given the short time allowed to submit the report and the 
significant information now available, that this process provides an 
opportunity for the public to submit information that EPA will consider 
in the drafting of the report, and thus will lead to a better report.

How Can You Submit Comments?

    You may submit comments by mail, e-mail, or delivered by hand to 
the addresses shown in the ADDRESS section of this notice. EPA will not 
accept facsimiles (faxes). If you mail or hand deliver comments, please 
send an original and three copies of your comments and enclosures 
(including references). If you want receipt of your comments 
acknowledged, you must include a self-addressed, stamped envelope.
    You may also submit your comments by sending an e-mail to [email protected] or by disk. If you do, you must submit electronic 
comments as an ASCII file, or a WordPerfect 5.1, WordPerfect 6.1, or 
WordPerfect 8 file avoiding the use of special characters and any form 
on encryption, and identify these comments by the docket number ``W-00-
31'' on the subject line. You may file electronic comments on

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this notice at many Federal Depository Libraries. You should not send 
confidential business information by e-mail.
    The information received in response to this notice will be filed 
under docket number W-00-31, and includes referenced documents as well 
as printed, paper versions of electronic comments. The record is 
available for inspection from 9 to 4 p.m., Monday through Friday, 
excluding legal holidays at the Water Docket, EB57, U.S. Environmental 
Protection Agency Headquarters, 401 M., Washington, DC. For access to 
docket materials, please call (202) 260-3027 to schedule an 
appointment.

    Dated: November 28, 2000.
Robert H. Wayland III,
Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. 00-30908 Filed 12-1-00; 8:45 am]
BILLING CODE 6560-50-P