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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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: June 22, 2000 (Volume 65, Number 121)]
[Notices]
[Page 38830-38831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn00-72]

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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: jackson-willis.mery@epamail.epa.gov. 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]
BILLING CODE 6560-50-U

 
 

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