[Federal Register Volume 75, Number 183 (Wednesday, September 22, 2010)]
[Pages 57776-57778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23678]




Clean Water Act Section 303(d): Notice for the Public Review of 
the Draft Total Maximum Daily Load (TMDL) for the Chesapeake Bay

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of the Draft TMDL and request for public 
review and comment on the Draft TMDL.


SUMMARY: This notice announces the availability of EPA's Draft 
Chesapeake Bay (Bay) TMDL for nutrients and sediment for public review 
and comment and announces the information regarding public meetings on 
the Draft TMDL being held within the watershed. EPA is establishing the 
Draft TMDL for nutrients (nitrogen and phosphorus) and sediment for 
each of the 92 segments in the tidal portion of the Chesapeake Bay 
watershed pursuant to Sections 117(g) and 303(d) of the Clean Water Act 
(CWA). As such this Draft TMDL will contain at minimum 92 segment 
specific point (wasteload) and non-point (load) allocations for 
nitrogen, phosphorous and sediment that will assure the attainment and 
maintenance of all applicable water quality standards for each of the 
92 segments. The Bay TMDL is a key part of the clean water commitment 
in the Federal Strategy developed as part of Executive Order 13508 on 
Chesapeake Bay Protection and Restoration. EPA intends to work with 
federal partners, the six watershed states, the District of Columbia, 
local governments and other parties to put in place a comprehensive, 
transparent and accountable set of commitments and actions that 
together ensure that pollution controls needed to restore Bay water 
quality are implemented by no later than 2025 (Executive Order, 13508).
    To provide information to the public regarding the process, 
approach and implications of the Draft Bay TMDL, EPA will hold a series 
of informal public meetings on the dates and locations identified 
below. The goal of these meetings is to assist the public in their 
understanding of the Draft Bay TMDL and provide an overview of the TMDL 
process, especially the stakeholder review and comment process. EPA 
will verbally respond to as many questions as time permits at these 
public meetings. Formal comments that any stakeholder wishes to make 
must be written and submitted as described below and will be entered 
into the public record. By this notice, EPA is soliciting input from 
the public on the Draft Bay TMDL. EPA will review all written comments 
submitted during the public comment period and will consider them, as 
appropriate, in establishing the Final TMDL. Persons wishing to comment 
on the information contained in the TMDL are invited to do so in 
writing from September 24, 2010 to November 8, 2010. All comments must 
be postmarked no later than November 8, 2010. All comments must be 
written, include the name, address and telephone number of the 
commenter, and should be as concise and as specific as possible in 
order for EPA to develop a meaningful response. Electronic submission 
of comments as described below is encouraged. Additional information on 
the Draft Bay TMDL and on the public meetings can be found at http://www.epa.gov/chesapeakebaytmdl.

DATES: Comments on the Draft TMDL must be submitted in writing to EPA 
on or before November 8, 2010.
    Viewing: The Draft TMDL can be viewed at http://www.epa.gov/chesapeakebaytmdl, EPA's Docket Center (instructions below), in person 
at EPA Region III, 1650 Arch Street, Philadelphia, PA 19103 with proper 
arrangements made in advance with the Region 3 library (215-814-5254 or 
library-reg3@epa.gov) or at the EPA Chesapeake Bay Program Office at 
410 Severn Avenue Suite 112, Annapolis, MD 21403 (Contact Debbie 
Embleton 410-267-9856 or Embleton.debbie@epa.gov).

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OW-2010-0736, by one of the following methods:
    (1) http://www.regulations.gov: After entering the docket for this 
action, click on the Draft Bay TMDL to make a comment. Click the 
``Submit a Comment'' button at the top right of the Web page, then 
follow the online instructions.
    (2) Mail: Water Docket, Environmental Protection Agency, Mailcode: 
28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    (3) Hand Delivery: EPA Docket Center Public Reading Room, EPA 
Headquarters West, Room 3334, 1301 Constitution Avenue, NW., 
Washington, DC. Such deliveries are only accepted during the Docket's 
normal hours of operation (8:30 a.m. to 4:30 p.m.), and special 
arrangements should be made for deliveries of boxed information by 
contacting the Docket Center at 202-566-1744.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OW-
2010-0736. This Notice is not open for public

[[Page 57777]]

comment, but, beginning September 24, 2010 the Draft Bay TMDL is 
available for comment on http://www.regulations.gov. Additional 
information about the docket is contained below.

FOR FURTHER INFORMATION CONTACT: For information on the Draft Bay TMDL, 
please contact Jennifer Sincock, USEPA, Region 3, Water Protection 
Division (3WP30), 1650 Arch Street, Philadelphia, PA 19103; telephone 
number: (215) 814-5766; fax number: (215) 814-2318; e-mail: R3_ChesapeakeBay_TMDL@epa.gov.

Public Meeting Dates and Locations

     Wednesday, September 29, 2010: DC Watershed meeting and 
webinar from 1 to 3 p.m. at the Washington National Zoo Visitor Center 
Auditorium, 3001 Connecticut Avenue, NW., Washington, DC.
     Monday, October 4, 2010: VA Watershed meeting from 6 to 8 
p.m. at the Grafton Theatre, James Madison University, 281 Warren 
Service Drive, Harrisonburg, VA.
     Tuesday, October 5, 2010: VA Watershed meeting from 6 to 8 
p.m. at Northern Virginia Community College, Annandale Campus, Ernst 
Community Cultural Center, 8333 Little River Turnpike, Annandale VA.
     Wednesday, October 6, 2010: VA Watershed meeting from 6 to 
8 p.m. at the Robins Pavilion Jepson Alumni Center, University of 
Richmond, 28 Westhampton Way, Richmond, VA.
     Thursday, October 7, 2010: VA Watershed webinar from 1 to 
3 p.m.
     Thursday, October 7, 2010: VA Watershed meeting from 6 to 
8 p.m. at the Crowne Plaza Hampton Marina Hotel, 700 Settlers Landing 
Road, Hampton, VA.
     Monday, October 11, 2010: DE Watershed meeting and webinar 
from 5 to 7 p.m. at the Delaware Tech Owens Campus, Arts and Science 
Center Theatre, Route 18, Georgetown, DE.
     Tuesday, October 12, 2010: MD Watershed meeting from 2 to 
4 p.m. at The Easton Club 28449 Clubhouse Drive, Easton, MD.
     Wednesday, October 13, 2010: MD Watershed meeting from 2 
to 4 p.m. at the Sheraton Annapolis, 173 Jennifer Road, Annapolis, MD.
     Thursday, October 14, 2010: MD Watershed meeting and 
webinar from 2 to 4 p.m. Hagerstown Hotel and Convention Center, 1901 
Dual Highway, Hagerstown, MD.
     Monday, October 18, 2010: PA Watershed meeting from 2 to 4 
p.m. at the Best Western Eden Resort, 222 Eden Road, Lancaster, PA.
     Tuesday. October 19, 2010: PA Watershed meeting from 2 to 
4 p.m. at the Knights of Columbus, 850 Stratford Drive, State College, 
     Wednesday, October 20, 2010: PA Watershed meeting and 
webinar from 2 to 4 p.m. at Lycoming College, The Academic Center 
Wendle Hall, 700 College Place, Williamsport, PA.
     Thursday, October 21, 2010: PA Watershed meeting from 2 to 
4 p.m. at Bentley's, 2300 Route 309, Ashley, PA.
     Tuesday, October 26, 2010: NY Watershed meeting from 6 to 
8 p.m. at the Riverview Holiday Inn, 760 East Water Street, Elmira, NY.
     Wednesday, October 27, 2010: NY Watershed meeting and 
webinar from 2 to 4 p.m. at the Binghamton Regency Hotel, 225 Water 
Street, Binghamton, NY.
     Wednesday, November 3, 2010: WV Watershed meeting from 6 
to 8 p.m. at the Comfort Inn, 1872 Edwin Miller Blvd, Martinsburg, WV.
     Thursday, November 4, 2010: WV Watershed meeting and 
webinar from 6 to 8 p.m. at the South Branch Inn, Route 50 East, 
Romney, WV.
     Please check the Web site http://www.epa.gov/chesapeakebaytmdl to confirm the meeting or webinar date and time. 
Alternately, you may also contact Jennifer Sincock by telephone at 
(215) 814-5766 or by e-mail at R3_ChesapeakeBay_TMDL@epa.gov
     To register for the webinars, please go to the following 
link and follow the webinar registration instructions, http://www.epa.gov/chesapeakebaytmdl. Webinars are open to all interested 
stakeholders not just residents within the jurisdiction that the 
webinar is held. Registration is only required to attend the meetings 
via webinar. Attending the public meetings in person does not require 

SUPPLEMENTARY INFORMATION: Section 303(d) of the CWA requires that each 
state identify those waters within its boundaries for which existing 
technology-based and other pollution controls required by the CWA are 
not stringent enough to attain or maintain state water quality 
standards. A TMDL must be established for each of those ``impaired'' 
waters. TMDLs are pollution budgets designed to identify necessary 
reductions of pollutant loads to the impaired waters so that the 
appropriate water quality standards are met, including designated uses 
like fishing or swimming and water quality criteria for parameters such 
as dissolved oxygen and water clarity.
    Why is a TMDL being developed for the Chesapeake Bay? The 
Chesapeake Bay is a national treasure constituting the largest estuary 
in the United States and one of the largest and most biologically 
productive estuaries in the world. Despite significant efforts by 
federal, state, and local governments and other interested parties, 
water pollution in the Chesapeake Bay prevents the attainment of 
existing state water quality standards. The pollutants that are largely 
responsible for impairment of the Chesapeake Bay are nutrients, in the 
form of nitrogen and phosphorus, and sediment. EPA, in coordination 
with the Bay watershed jurisdictions of Delaware, the District of 
Columbia, Maryland, New York, Pennsylvania, Virginia, and West 
Virginia, is establishing a nutrient and sediment pollution budget for 
the Bay consistent with CWA requirements to guide and assist Chesapeake 
Bay restoration efforts.
    When will the Bay TMDL be completed? The TMDL schedule calls for 
the completion of the Bay TMDL by December 31, 2010. EPA intends to 
collect public comments on the Draft TMDL between September 24 and 
November 8, 2010. EPA will establish the Final TMDL by December 31, 
    Who is developing the Bay TMDL? EPA Region III Water Protection 
Division has assumed primary responsibility for the establishment of 
the Bay TMDL, at the request of the Bay jurisdictions. The Chesapeake 
Bay Program Office in EPA Region III has modeling and water quality 
expertise that is critical to the TMDL development process. EPA Region 
II also is providing guidance and technical support to Region III and 
will cosign the final TMDL as New York State is included in the 
Chesapeake Bay watershed, and sources in New York State (like the other 
jurisdictions) contribute nutrients and sediment to the Bay. EPA used 
the Chesapeake Bay Program committee structure to engage the watershed 
jurisdictions in the development of the TMDL, including the Chesapeake 
Bay Water Quality Goal Implementation Team (formerly the Water Quality 
Steering Committee and Nutrient Subcommittee), which is composed of the 
seven Bay watershed jurisdictions, the Chesapeake Bay Commission, the 
Susquehanna River Basin Commission, the Interstate Commission on the 
Potomac River Basin, and EPA Regions II and III. Major policy input has 
been provided by the Chesapeake Bay Program Principals' Staff Committee 
(Secretaries from each Bay jurisdiction, the Chesapeake Bay Commission 
Executive Director, and the EPA Region III Regional Administrator) and 
Executive Council (Bay watershed State Governors, Mayor of District of

[[Page 57778]]

Columbia, the Chesapeake Bay Commission Chair, and the EPA 
    What is the scope of the Bay TMDL? The Bay TMDL addresses all 
segments of the Chesapeake Bay and its tidal tributaries. The Bay TMDL 
consists of 92 TMDLs, addressing nitrogen, phosphorus and sediment, for 
each of the 92 segments in the Bay and tidal tributaries. EPA intends 
that the Bay TMDL will be established at a level necessary to ensure 
attainment of water quality standards in each of these segments. In 
addition, the Bay TMDL assigns individual and (as appropriate) 
aggregate maximum daily allowable point source and nonpoint source 
loadings, called wasteload allocations (WLAs) and load allocations 
(LAs), respectively, across all jurisdictions within the Bay watershed. 
When completed, the Bay TMDL will be the largest, most complex TMDL in 
the country, covering a 64,000 square mile area in six states and the 
District of Columbia.
    How will the TMDL promote nitrogen, phosphorus and sediment 
reductions? Under the CWA, the TMDL will establish the watershed 
pollution budget for nutrients and sediment necessary to meet water 
quality standards in the Bay. Other provisions of the CWA, as well as 
the jurisdictions' Watershed Implementation Plans (WIPs), are intended 
to implement the TMDL. During TMDL development, EPA worked with its 
partners, the Bay jurisdictions, to assist them in developing 
individual jurisdiction-specific WIPs, which collectively serve as part 
of the overall TMDL implementation framework. Those WIPs are not part 
of the Bay TMDL itself but are part of the TMDL record and help provide 
reasonable assurance that the necessary nutrient and sediment 
reductions identified in the TMDL will be achieved. The WIPs identify 
specific nutrient and sediment reduction targets by geographic location 
and sector to achieve allowable loadings, as well as a description and 
schedule of actions that the jurisdictions will take to achieve these 
    In accordance with EO 13508, EPA and the jurisdictions also will 
provide the next set of two-year milestone commitments specifying what 
source controls will be taken to reduce nitrogen, phosphorus and 
sediment during that period. EPA has invited each jurisdiction to 
present information on its WIP at the meeting(s) and/or webinar(s) 
within its jurisdiction. At these meetings EPA will be available to 
answer questions on the TMDL and how the WIPs will inform the TMDL. Any 
questions or comments regarding the substance of the individual WIPs, 
or the WIPs themselves should be addressed to the individual 
jurisdiction. Links to the WIPs are available at http://www.epa.gov/chesapeakebaytmdl.
    For information on the jurisdictions' Draft WIPs and procedures for 
submitting comments, please contact the jurisdiction representatives 

Jurisdiction WIP Contacts

    Delaware: Jennifer Volk (Jennifer.Volk@state.de.us).
    District of Columbia: Monir Chowdhury (monir.chowdhury@dc.gov).
    Maryland: TMDL Coordinator (tmdlcoordinator@mde.state.md.us).
    New York: Peter Freehafer (pbfreeha@gw.dec.state.ny.us).
    Pennsylvania: Patricia Buckley (ep-chesapeakebayprogram@state.pa.us).
    Virginia: VA Bay TMDL (vabaytmdl@dcr.virginia.gov).
    West Virginia: Jennifer Pauer (Jennifer.pauer@wv.gov).
    Paperwork Reduction Act: The Office of Management and Budget (OMB) 
has previously approved the information collection requirements for 
developing TMDLs pursuant to Section 303(d) of the CWA under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2040-0071. The OMB control numbers for 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    How Can I Access the Docket and/or Submit Comments? Docket: EPA has 
established a public docket for this Notice under Docket ID No. EPA-
R03-OW-2010-0736. The Draft Bay TMDL is available in the docket at 
http://www.regulations.gov. Assistance and tips for accessing the 
docket can be found at http://www.epa.gov/chesapeakebaytmdl.
    Comments via e-mail are not being accepted. Instead, comments will 
be accepted through http://www.regulations.gov and by mail. All 
comments received, including any personal information provided, will be 
included in the public docket without change and will be made available 
online at http://www.regulations.gov, unless the comment includes 
information claimed to be Confidential Business Information (CBI) or 
other information, the disclosure of which is restricted by statute. Do 
not submit information that you consider to be CBI or otherwise 
protected through http://www.regulations.gov. It is recommended that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If your comment cannot 
be read due to technical difficulties and we are unable to contact you 
for clarification, we will not consider your comment. Electronic files 
should avoid the use of special characters, any form of encryption, and 
be free of any defects or viruses. For additional information about the 
public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Publicly available docket materials 
are available electronically either at http://www.regulations.gov as 
well as at the EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. The telephone number for this 
docket is 202-566-2426. The Public Reading Room is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744. Certain 
material, such as copyrighted materials, will be publicly available 
only in hard copy at the Docket Center.

    Dated: September 15, 2010.
Jon M. Capacasa,
Water Protection Division, Region III.
[FR Doc. 2010-23678 Filed 9-21-10; 8:45 am]