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PA Bulletin, Doc. No. 99-418

NOTICES

Availability of Proposed Interim Guidances to Implement Great Lakes Initiative

[29 Pa.B. 1441]

   In response to a notice issued by the United States Environmental Protection Agency's (EPA) January 14, 1999 Federal Register Notice (64 Fed Reg 24901) providing for the Notice of Availability of a Letter from the EPA to the Commonwealth of Pennsylvania finding that certain provisions of the Pennsylvania Great Lakes Water Quality Guidance (or Great Lakes Initiative (GLI)) are inconsistent with Section 118 of the Clean Water Act and Water Quality Guidance for the Great Lakes System, the Department of Environmental Protection (Department) is making available for public comment a proposed interim guidance to address the EPA's concerns. The proposed interim guidance has been developed for implementation of the GLI in the Great Lakes System until final appropriate changes can be made to Department regulations, policies and technical guidances. The proposed interim guidance addresses issues related to aquatic life criteria for trivalent chromium; human health criteria for cyanide, 2,4-dinitrophenol and mercury; methodologies for the development of aquatic life criteria, bioaccumulation factors and human health criteria; antidegradation; site- specific modifications to criteria and values; total maximum daily loads, waste load allocations and load allocations; mixing demonstrations; reasonable potential to exceed water quality standards; intake pollutants; whole effluent toxicity testing; and compliance schedules. The proposed interim guidance will be used only in the Great Lakes System, but some parts of the guidance are intended to have Statewide application at a later date.

   The Department had two overriding objectives in developing Pennsylvania's GLI: Statewide consistency and special protection of the unique resource known as the Great Lakes. The Pennsylvania GLI was finalized by amendments to 25 Pa. Code Chapter 93, relating to Water Quality Standards and Chapter 16 relating to Water Quality Toxics Management Strategy, Statement of Policy, which appeared in the Pennsylvania Bulletin on December 27, 1997 (27 Pa.B. 6817 and 6799) and were submitted to the EPA for approval along with supporting documentation, including implementation guidances. On December 18, 1998, the EPA issued a letter asserting that there are inconsistencies between the State and Federal GLI. The letter gives the State 90 days to respond. The EPA has stated it will promulgate portions of the Federal GLI for Pennsylvania if its concerns are not adequately addressed. The proposed interim guidance is a component of Pennsylvania's response to the EPA's comments.

   The Department seeks public comment on the guidance before submission to the EPA and implementation in the Great Lakes System. The parts of the interim guidance that are intended to be extended for use Statewide at a later date include adoption of water quality aquatic life criteria for trivalent chromium (Cr+3), adoption of the GLI methodologies for water quality human health criteria, procedures for total maximum daily loads (TMDLs) and procedures to determine reasonable potential to exceed water quality standards. The other parts of the guidance offer specific protection to the Great Lakes. There will be additional opportunities for public comment when the final regulations, policies and technical guidances are amended to include these issues Statewide.

   The proposed interim guidance is available on DEP's website at www.dep.state.pa.us (choose public participation) and from the contact listed. Comments must be received by April 12, 1999 (30 days after publication). Comments may be submitted in written or electronic form, but may not be submitted by facsimile.

   The contact person is Mary A. Miller, Division of Wastewater Management, Bureau of Water Quality Pro-tection, Rachel Carson State Office Building, 11th Floor, P. O. Box 8774, Harrisburg, PA 17105-8774, (717) 787-8184.

   Persons with a disability with questions regarding the guidance may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).

   Following the comment period, the Department will consider all comments and prepare a final guidance. The final guidance will be announced through public notice in the Pennsylvania Bulletin.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 99-418. Filed for public inspection March 12, 1999, 9:00 a.m.]


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