[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR132.5]



[Page 489-491]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 132_WATER QUALITY GUIDANCE FOR THE GREAT LAKES SYSTEM--Table of 

Contents

 

Sec.  132.5  Procedures for adoption and EPA review.



    (a) Except as provided in paragraph (c) of this section, the Great 

Lakes States and Tribes shall adopt and submit for EPA review and 

approval the criteria, methodologies, policies, and procedures developed 

pursuant to this part no later than September 23, 1996. With respect to 

procedure 3.C of appendix F of this part, each Great Lakes State and 

Tribe shall make its submission to EPA no later than May 13, 2002.

    (b) The following elements must be included in each submission to 

EPA for review:

    (1) The criteria, methodologies, policies, and procedures developed 

pursuant to this part;

    (2) Certification by the Attorney General or other appropriate legal 

authority pursuant to 40 CFR 123.62 and 40 CFR 131.6(e) as appropriate;

    (3) All other information required for submission of National 

Pollutant Discharge Elimination System (NPDES) program modifications 

under 40 CFR 123.62; and

    (4) General information which will aid EPA in determining whether 

the criteria, methodologies, policies and procedures are consistent with 

the requirements of the Clean Water Act and this part, as well as 

information on general policies which may affect their application and 

implementation.

    (c) The Regional Administrator may extend the deadline for the 

submission required in paragraph (a) of this section if the Regional 

Administrator believes that the submission will be consistent with the 

requirements of this part and can be reviewed and approved pursuant to 

this section no later than March 23, 1997, or, for procedure 3.C of 

appendix F of this part, no later than November 13, 2002.

    (d) If a Great Lakes State or Tribe makes no submission pursuant to 

this part to EPA for review, the requirements of this part shall apply 

to discharges to waters of the Great Lakes System located within the 

State or Federal Indian reservation upon EPA's publication of a final 

rule indicating



[[Page 490]]



the effective date of the part 132 requirements in the identified 

jurisdictions.

    (e) If a Great Lakes State or Tribe submits criteria, methodologies, 

policies, and procedures pursuant to this part to EPA for review that 

contain substantial modifications of the State or Tribal NPDES program, 

EPA shall issue public notice and provide a minimum of 30 days for 

public comment on such modifications. The public notice shall conform 

with the requirements of 40 CFR 123.62.

    (f) After review of State or Tribal submissions under this section, 

and following the public comment period in subparagraph (e) of this 

section, if any, EPA shall either:

    (1) Publish notice of approval of the submission in the Federal 

Register within 90 days of such submission; or

    (2) Notify the State or Tribe within 90 days of such submission that 

EPA has determined that all or part of the submission is inconsistent 

with the requirements of the Clean Water Act or this part and identify 

any necessary changes to obtain EPA approval. If the State or Tribe 

fails to adopt such changes within 90 days after the notification, EPA 

shall publish a notice in the Federal Register identifying the approved 

and disapproved elements of the submission and a final rule in the 

Federal Register identifying the provisions of part 132 that shall apply 

to discharges within the State or Federal Indian reservation.

    (g) EPA's approval or disapproval of a State or Tribal submission 

shall be based on the requirements of this part and of the Clean Water 

Act. EPA's determination whether the criteria, methodologies, policies, 

and procedures in a State or Tribal submission are consistent with the 

requirements of this part will be based on whether:

    (1) For pollutants listed in Tables 1, 2, 3, and 4 of this part. The 

Great Lakes State or Tribe has adopted numeric water quality criteria as 

protective as each of the numeric criteria in Tables 1, 2, 3, and 4 of 

this part, taking into account any site-specific criteria modifications 

in accordance with procedure 1 of appendix F of this part;

    (2) For pollutants other than those listed in Tables 1, 2, 3, 4, and 

5 of this part. The Great Lakes State or Tribe demonstrates that either:

    (i) It has adopted numeric criteria in its water quality standards 

that were derived, or are as protective as or more protective than could 

be derived, using the methodologies in appendixes A, B, C, and D of this 

part, and the site-specific criteria modification procedures in 

accordance with procedure 1 of appendix F of this part; or

    (ii) It has adopted a procedure by which water quality-based 

effluent limits and total maximum daily loads are developed using the 

more protective of:

    (A) Numeric criteria adopted by the State into State water quality 

standards and approved by EPA prior to March 23, 1997; or

    (B) Water quality criteria and values derived pursuant to Sec.  

132.4(c); and

    (3) For methodologies, policies, and procedures. The Great Lakes 

State or Tribe has adopted methodologies, policies, and procedures as 

protective as the corresponding methodology, policy, or procedure in 

Sec.  132.4. The Great Lakes State or Tribe may adopt provisions that 

are more protective than those contained in this part. Adoption of a 

more protective element in one provision may be used to offset a less 

protective element in the same provision as long as the adopted 

provision is as protective as the corresponding provision in this part; 

adoption of a more protective element in one provision, however, is not 

justification for adoption of a less protective element in another 

provision of this part.

    (h) A submission by a Great Lakes State or Tribe will need to 

include any provisions that EPA determines, based on EPA's authorities 

under the Clean Water Act and the results of consultation under section 

7 of the Endangered Species Act, are necessary to ensure that water 

quality is not likely to jeopardize the continued existence of any 

endangered or threatened species listed under section 4 of the 

Endangered Species Act or result in the destruction or adverse 

modification of such species' critical habitat.

    (i) EPA's approval of the elements of a State's or Tribe's 

submission will constitute approval under section 118 of the Clean Water 

Act, approval of the



[[Page 491]]



submitted water quality standards pursuant to section 303 of the Clean 

Water Act, and approval of the submitted modifications to the State's or 

Tribe's NPDES program pursuant to section 402 of the Clean Water Act.



[60 FR 15387, Mar. 23, 1995, as amended at 65 FR 67650, Nov. 13, 2000]