Snake River - Hells Canyon Total Maximum Daily Load (TMDL) Technical Appendices July 2003 Prepared by: Idaho Department of Environmental Quality Oregon Department of Environmental Quality Boise Regional Office Pendleton Office 1445 North Orchard 700 SE Emigrant, Suite 330 Boise, Idaho 83706 Pendleton, Oregon 97801 Snake River - Hells Canyon TMDL – Technical Appendices July 2003 APPENDICES APPENDIX A. NEW VS OLD TMDL RULES INFORMATION APPENDIX B. SNAKE RIVER – HELLS CANYON PUBLIC ADVISORY TEAM SEATHOLDERS LIST APPENDIX C. SNAKE RIVER – HELLS CANYON WATER QUALITY CRITERIA AND SUITABILITY ANALYSIS APPENDIX D. FISH CONSUMPTION ADVISORY INFORMATION APPENDIX E. DATA SOURCES AND TABLES APPENDIX F. 1995 BROWNLEE RESERVOIR MODEL SIMULATIONS USING DRAFT SUBBASIN ASSESSMENT TARGET OF 70 UG/L APPENDIX G. POLLUTANT LOADING ANALYSIS FOR THE SNAKE RIVER: MURPHY TO HELLS CANYON APPENDIX H. COMPLAINTS REGARDING WATER QUALITY IN THE SNAKE RIVER – HELLS CANYON REACH APPENDIX I. STAKEHOLDERS PROPOSAL FOR TOTAL PHOSPHORUS LOAD ALLOCATION MECHANISM APPENDIX J. DRAIN AND INFLOW LOCATIONS FOR THE SNAKE RIVER – HELLS CANYON TMDL REACH Snake River - Hells Canyon TMDL – Technical Appendices July 2003 THIS PAGE INTENTIONALLY LEFT BLANK Snake River - Hells Canyon TMDL – Appendix A July 2003 Appendix A. New vs Old TMDL Rules Information Appendix A contains an extract of text from the Federal Register dated July 13, 2000, titled: Part VI, Environmental Protection Agency, 40 CFR Part 9 et al., Revisions to the Water Quality Planning and Management Regulation and Revisions to the National Pollutant Discharge Elimination System Program in Support of Revisions to the Water Quality Planning and Management Regulation; Final Rules. The extract included in this document contains only the text that is specific to the discussion that the new TMDL rules allow states to choose between the application of the former TMDL rules and the new TMDL rules for some TMDLs; namely Section 130.37, subsection II-W on pages 43635-43636. 1 Snake River - Hells Canyon TMDL – Appendix A July 2003 THIS PAGE INTENTIONALLY LEFT BLANK 2 Thursday, July 13, 2000 Part VI Environmental Protection Agency 40 CFR Part 9 et al. Revisions to the Water Quality Planning and Management Regulation and Revisions to the National Pollutant Discharge Elimination System Program in Support of Revisions to the Water Quality Planning and Management Regulation; Final Rules VerDate 11<MAY>2000 19:08 Jul 12, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\13JYR5.SGM pfrm03 PsN: 13JYR5 Federal Register / Vol. 65, No. 135 / Thursday, July 13, 2000 / Rules and Regulations 43635 rule now requires a response to ``all number of times it may need to 130.32 and 130.33. EPA proposed this significant comments'' instead of ``all disapprove a list or TMDL based on transitional period to give States, comments,'' as proposed. The final rule endangered species concerns if the Territories, authorized Tribes and EPA no longer includes specific States, Territories, and authorized the security of knowing they could requirements as to what is to be Tribes communicate with the Services develop TMDLs prior to promulgation included in the response to comments early in the process of developing lists of the new rules without them later document. EPA believes this change and TMDLs. For this reason, EPA is being determined inadequate as a result will allow States, Territories, and including in the final rule a of the adoption of the new rule. In this authorized Tribes the flexibility they recommendation that States, Territories way, States, Territories, authorized need when addressing public and authorized Tribes establish Tribes and EPA would not delay work comments. EPA's public participation processes with the Services that will towards establishing TMDLs until after rules for rulemaking and permitting at provide for the early identification and the final rule was published. Also, EPA Part 25 require EPA to respond to resolution of their concerns as they requested comment on whether the new significant comments and to include at relate to lists and TMDLs. States, TMDL requirements would affect the a minimum, a summary of public views, Territories and authorized Tribes are not ability of States, Territories, or significant comments, criticisms and required to establish such a process, but authorized Tribes to establish TMDLs suggestions, and set forth the Agency's may find it advantageous to do so. on a schedule consistent with consent specific responses in terms of Section 130.36(c)(3) requires States, decree or settlement agreement modification of the proposed action or Territories, and authorized Tribes to schedules, and if so, how to address the an explanation for rejection of proposals consider comments from the Services issue. made by the public (§ 25.8). EPA is and EPA in the same way that What comments did EPA receive? persuaded by the comments that States, § 130.36(b) requires States, Territories, EPA received a number of comments Territories and authorized Tribes should and authorized Tribes to provide a specific to the transitional period and not be held to a higher standard than response to significant comments and actions EPA should take to facilitate EPA. Pursuant to the final rule, States, an explanation of how those comments establishing TMDLs in accordance with Territories and authorized Tribes need were addressed in the final action or schedules in consent decrees and only consider significant comments and why they were not addressed. Section settlement agreements. Most comments indicate how they were addressed in the 130.36(c)(3) does not require States, supported the transitional period and final action or why they were not Territories, and authorized Tribes to many supported a period longer than 12 addressed. agree with or adopt comments or months. Some comments requested that The rule recognizes that the Fish and recommendations from EPA and the some TMDLs be developed under the Wildlife Service and the National Services; however, it does require an current requirements for ``good cause.'' Marine Fisheries Service have an explanation of how these comments Two comments suggested no interest in a State's, Territory's or were considered in the final decision. transitional period, with one suggesting authorized Tribe's list and TMDLs. By This is the standard set by § 130.36(b) that States, Territories, and authorized including the provisions of § 130.36(c), for all comments received by a State, Tribes be allowed to submit EPA is not giving the Services greater Territory, or authorized Tribe. implementation plans no more than six opportunity to receive information or to The provisions of § 130.36(d) months after submitting the other parts comment than is afforded anyone else. recognize that EPA will consider the of the TMDL. EPA also received Nor is EPA attempting to transfer its comments of the Services when EPA comments suggesting that EPA must obligations under the Endangered reviews lists and TMDLs. EPA does not establish TMDLs using either the Species Act to States, Territories or believe that this provision provides the current or new rules during the authorized Tribes. The provisions of Services with any greater access to the transitional period, and that EPA should § 130.36(c)(1) require States, Territories, decision maker than other commenters. work to establish TMDLs quickly using and authorized Tribes to provide the Rather, this provision alerts States, the new rules. Finally, EPA received Services with copies of lists, including Territories, and authorized Tribes that some comments suggesting that all prioritized schedules and TMDLs. EPA will consider the comments of the schedules should be revised because of However, under the public participation Services and how those comments were these new regulations. requirements of § 130.36(a), any addressed. What is EPA promulgating today? After carefully considering the interested party may also request similar W. What is the Effect of This Rule on comments received on the transitional access to this information by making a TMDLs Established When the Rule is written request to the State for direct period, EPA is today promulgating a First Implemented? (§ 130.37) notification. EPA is promulgating transition period for the new elements § 130.36(c)(1) because the Services have What did EPA propose? EPA of TMDLs lasting 18 months from the expressed to EPA an interest in proposed a transitional period for date of publication of this rule in the reviewing section 303(d) lists and implementing the TMDL requirements Federal Register or nine months from TMDLs. In recognition of the potential of the new rule. Specifically, EPA the effective date of this rule, whichever burdens on the States which such proposed that it would approve any is later. EPA recognizes the concerns information sharing might impose, EPA TMDL submitted to it for review within voiced in many comments about the agreed it would undertake this 12 months of the final rule's effective challenge of now drafting an information sharing responsibility with date if it met either the pre- implementation plan for a TMDL the Services if requested by a State, promulgation requirements in § 130.7 or already nearing completion, and the Territory, or authorized Tribe. the post-promulgation requirements in benefit of including stakeholders in The provisions of § 130.36(c)(2) §§ 130.31, 130.32 and 130.33. EPA also implementation decisions at the encourage, but do not require, States, proposed that when EPA establishes beginning of the TMDL development Territories, and authorized Tribes to TMDLs within 12 months of the rule's process in order to better integrate the engage the Services in a dialogue related effective date, EPA would use either the implementation strategies with the to Endangered Species Act concerns. § 130.7 requirements or the new allocation of loads. Most States, EPA believes that it can reduce the requirements in proposed §§ 130.31, Territories and authorized Tribes, as VerDate 11<MAY>2000 19:08 Jul 12, 2000 Jkt 190000 PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 E:\FR\FM\13JYR5.SGM pfrm03 PsN: 13JYR5 43636 Federal Register / Vol.