[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Notices]
[Pages 4285-4287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2044]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5681-2]
Request for Information and Public Hearing to Evaluate Uses of
Stream Segments in Alabama
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of request for information and holding of public
hearing.
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SUMMARY: EPA is soliciting any information from interested parties and
holding a public hearing to assist the Agency in evaluating existing
and potential beneficial uses of certain waters in the State of
Alabama. This information will be used by EPA in assessing the
attainability of such uses and assist the Agency in determining what
federal use designations, if any, would be appropriate for these
waters. EPA is holding a public hearing for the purposes of receiving
information from interested parties. In addition, The Alabama
Department of Environmental Management (ADEM) will be holding a public
hearing in March or April 1997 for the purposes of evaluating upgraded
use designations on some of these same waters.
DATES: All written information and data received on or before March 12,
1997 will be considered by EPA. A public hearing will be held on
February 26, 1997, at 1:30 p.m.
ADDRESSES: Written comments should be directed to Morris Flexner, Life
Scientist, EPA Region 4, Atlanta Federal Center, Water Management
Division, 100 Alabama Street, S.W., Atlanta, GA 30303-3104, (404) 562-
9272. A public hearing will be held at the Alabama Center for Commerce,
401 Adams Avenue, Montgomery, AL 38130.
FOR FURTHER INFORMATION CONTACT: Morris Flexner or Fritz Wagener, Water
Quality Standards Coordinator, EPA Region 4, Atlanta Federal Center,
Water Management Division, 100 Alabama Street, S.W., Atlanta, GA 30303-
3104, (404) 562-9272 or (404) 562-9267.
SUPPLEMENTARY INFORMATION:
A. Background
1. Statutory/Regulatory History
Section 303(c) of the Clean Water Act (CWA) directs States, with
oversight by EPA, to adopt water quality standards to protect public
health and welfare, enhance the quality of water and serve the purposes
of the CWA. Under Section 303, States have the primary responsibility
to establish water quality standards, defined under the Act as
designated uses of a water segment and the water quality criteria
necessary to support those uses. Additionally, Indian Tribes authorized
to administer the water quality standards program under 40 CFR
Sec. 131.8 also establish water quality standards for waters within
their jurisdictions. This statutory framework allows States and Tribes
to work with local communities to establish appropriate designated
uses, and adopt criteria to protect those designated uses. The Act
specifies the minimum beneficial uses to be considered by States and
Tribes in establishing water quality standards as public water
supplies, propagation of fish and wildlife, recreation, agricultural
uses, industrial uses and navigation.
Section 303 includes a requirement that States and Tribes review
their standards at least once each three year period using a process
that includes public participation, and a process for EPA review of
State and Tribal standards. Under Section 303(c), EPA is required to
either approve new or revised State/Tribal standards that meet the
requirements of the Act, or disapprove standards that fail to meet
those requirements. Where EPA disapproves a new or revised State/Tribal
standard, section 303(c)(4)(A) of the Act states that the Agency is to
promptly propose substitute federal standards and promulgate federal
standards within 90 days thereafter. In addition, the Agency is
authorized to promulgate a federal standard whenever the Agency
determines that a new or revised standard is necessary to meet the
requirements of CWA Section 303(c)(4)(B).
The implementing regulations for water quality standards
regulations are found at 40 CFR Part 131. Under 40 CFR Sec. 131.10(j),
States and Tribes are required to conduct a use attainability analysis
whenever the State/Tribe designates or has designated uses that do not
include the uses specified in Section 101(a)(2) of the CWA, or when the
State/Tribe wishes to remove a designated use that is specified in
Section 101(a)(2) of the Act, or adopt subcategories of uses that
require less stringent criteria. Uses are considered by EPA to be
attainable, at a minimum, if the uses can be achieved (1) when effluent
limitations under Section 301(b)(1) (A) and (B) and Section 306 are
imposed on point source dischargers, and (2) when cost effective and
reasonable best management practices are imposed on nonpoint source
dischargers.
A use attainability analysis (UAA) is defined in 40 CFR
Sec. 131.3(g) as a ``structured scientific assessment of the factors
affecting the attainment of a use which may include physical, chemical,
[[Page 4286]]
biological, and economic factors as described in Sec. 131.10(g).'' In a
UAA, the physical, chemical and biological factors affecting the
attainment of a use are evaluated through a water body survey and
assessment.
Guidance on water body survey and assessment techniques is
contained in the Technical Support Manual, Volumes I-III: Waterbody
Surveys and Assessments for Conducting Use Attainability Analyses
(Volume I provides information on waterbodies in general, Volume II
contains information on estuarine systems and Volume III contains
information on lake systems; Volumes I-II, November 1983; Volume III,
November 1984), and in the Water Quality Standards Handbook: Second
Edition (EPA-823-B-94-005, August 1994). Guidance on economic factors
affecting the attainment of a use is contained in the Interim Economic
Guidance for Water Quality Standards Workbook (EPA-823-B-95-002, March
1995). Requests for copies of these guidance documents should be
directed to the EPA Water Resource Center, (202) 260-7786.
Water body surveys and assessments should be sufficiently detailed
to answer the following questions: (1) What are the aquatic uses
currently being achieved in the water body? (2) What are the causes of
any impairment of the aquatic uses? (3) What are the aquatic uses that
can be attained based on the physical, chemical and biological
characteristics of the water body?
2. History of ADEM/EPA Actions
On October 14, 1986, the EPA Regional Administrator for Region 4
disapproved use designations adopted by ADEM for 49 stream segments
because the State failed to justify lower use classifications in
accordance with 40 CFR Sec. 131.10(j). Although the State had
previously submitted use attainability analyses for these stream
segments, the analyses did not adequately describe the basis for the
lower use classifications nor did they provide adequate information to
determine if such classifications were appropriate. From 1986 to 1991,
19 of the beneficial use designations were either upgraded to Fish and
Wildlife (F&W) by ADEM or approved as Agricultural and Industrial Water
Supply (A&I) by EPA. On July 18, 1991, the EPA Regional Administrator
for Region 4 disapproved 30 beneficial use designations adopted by
ADEM, 29 of which were previously disapproved in 1986. Five of these 30
segments have been upgraded to F&W by ADEM since 1991, leaving the 25
segments that are the subject of this notice.
Based on information provided to EPA by the State, of the 25 stream
segments identified in today's notice, ADEM is currently considering a
proposal for the complete or partial upgrade of uses on 14 of these
segments. The State also currently plans to submit UAAs to EPA for 12
of the stream segments, including 3 of the streams for which partial
upgrades are being considered by the State. The State is also
evaluating the appropriate steps to take on the remaining segments.
B. Request for Information
The Agency is currently in the process of evaluating the existing
data and information with regard to the uses of 25 stream segments that
were the subject of EPA's disapproval decisions. Based on such
information, EPA can determine whether the uses designated by Alabama
are consistent with the requirements of the Clean Water Act, or whether
upgrading those uses is necessary. To assist the Agency in ensuring
that its decisions are based upon the best available information, the
Agency is soliciting information regarding the stream segments listed
below. The waters identified in the water quality standards revisions
adopted by ADEM on February 20, 1991 for which EPA is soliciting
information are as follows:
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Basin Stream From To Classification
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Cahaba.......................... Buck Creek........ Cahaba Valley..... Its source........ A&I.
Coosa........................... Shirtee Creek..... Tallasseehatchee Its source........ A&I.
Ck.
Mobile.......................... Mobile River...... Its mouth......... Spanish River..... A&I.
Mobile.......................... Three Mile Ck..... Mobile River...... Mobile Street..... A&I.
Mobile.......................... Chickasaw Ck...... Mobile River...... Limit of tidal A&I.
effects (Hwy 43).
Mobile.......................... Hog Bayou......... Chickasaw Ck...... Its source........ A&I.
Perdido-Escambia................ Pigeon Creek...... Piney Woods Ck.... Its source........ A&I.
Perdido-Escambia................ Unnamed Trib. to Pigeon Creek...... Its source........ A&I.
Pigeon Ck.
Perdido-Escambia................ Rocky Creek....... Persimmon Ck...... County road A&I
crossing N. of
Chapman.
Perdido-Escambia................ Hollinger Ck...... Road 5 mi. E. of Its source........ A&I.
Bay Minette.
Tallapoosa...................... Sougahatchee Creek County road 11 Pepperell Branch.. A&I.
crossing.
Tallapoosa...................... Pepperell Br...... Sougahatchee Ck... Its source........ A&I.
Tallapoosa...................... Sugar Creek....... Elkahatchee Ck.... Its source........ A&I.
Tennessee....................... Flint Creek....... Alabama Hwy. 36... Shoal Creek....... A&I.
Upper Tombigbee................. Little Bear Creek. Bear Creek........ Highway 82........ A&I.
Warrior......................... Valley Creek...... Head of backwater Co. road crossing A&I.
above Bankhead 1\1/2\ mi. NE of
Lock Dam. Johns.
Warrior......................... Valley Creek...... Co. road crossing Opossum Creek..... IO.
1\1/2\ mi. NE of
Johns.
Warrior......................... Valley Creek...... Opossum Creek..... Its source........ A&I.
Warrior......................... Opossum Creek..... Valley Creek...... Its source........ IO.
Warrior......................... Village Creek..... Locust Fork....... Its source........ A&I.
Warrior......................... Five Mile Crk..... Locust Fork....... Ketona............ A&I.
Warrior......................... Lost Creek........ AL Hwy 124........ Its source........ A&I.
Warrior......................... Cane Ck/Oakman.... Lost Creek........ Its source........ A&I.
Warrior......................... Cane Ck/Jasper.... Mulberry Fork..... Its source........ A&I.
Warrior......................... Town Creek........ Cane Creek........ Its source........ A&I.
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Note: The existing use classifications for the 25 stream segments adopted by ADEM are either A&I or Industrial
Operations (IO) as indicated in the above table.
[[Page 4287]]
Specifically EPA is seeking information that would assist in
determining whether F&W uses are currently being attained, or have been
attained since or before 1975, or whether natural conditions or
features or human caused conditions prevent the attainment of F&W uses
and cannot be remedied or would cause more environmental damage to
correct than to leave in place. Below is a general discussion of the
types of data/information requested by the Agency:
Ambient Monitoring Information: (1) Any instream data for any of
the above stream segments reflecting either natural conditions (e.g.,
instream flow data or other data relating to stream hydrology) or
irretrievable human-caused conditions which prevent the F&W uses or
supporting water quality criteria from being attained, (2) Any
available instream biological data, (3) Any chemical and biological
monitoring data that verify improvements to water quality as a result
of treatment plant/facility upgrades and/or expansions and (4) Any
instream data reflecting nonpoint sources of pollution or best
management practices that have been implemented for nonpoint source
control.
Current and Historical Effluent Data: (1) Any data and information
relating to mass loadings from point source discharges of pollutants
such as BOD, NH 3-N, Chlorine, metals (e.g., As, Cd, Cr, Cu, Pb,
Hg, Ni, Ag, Zn), toxics (e.g., volatile organic chemicals such as
benzene or toluene, acid extractables such as pentachlorphenol, base
neutrals such as anthracene, fluorene or pyrene, and pesticides such as
aldrin, lindane, DDT, dieldrin, endrin and toxaphene), (2) Data and
information related to facility or treatment plant effluent quality and
(3) Any information related to releases of pollutants from other
sources such as landfills, transportation facilities, construction
sites, agriculture/silviculture, incinerators, and contaminated
sediments.
Models: (1) Any data or information on analytical models which can
be used to evaluate or predict stream quality, flow and/or morphology,
(2) Any physical, biological or chemical characteristics relating to
beneficial uses and (3) The results of any such models which can be
used to evaluate beneficial uses. Economic Data: Any information
relating to costs and benefits associated with facility or treatment
plant expansions or upgrades. This information includes: (1)
Qualitative descriptions or quantitative estimates of any costs and
benefits associated with facilities or treatment plants meeting F&W
limits, (2) Any information on costs to households in the community
with facility or treatment plant expansions or upgrades, whether
through an increase in user fees, an increase in taxes, or a
combination of both, (3) Descriptions of the geographical area
affected, (4) Any changes in median household income, employment, and
overall net debt as a percent of full market value of taxable property
and (5) Any effects of changes in tax revenues if the private-sector
entity were to go out of business, changes in income to the community
if workers lose their jobs, and effects on other businesses both direct
and indirect.
Dated: January 21, 1997.
Robert F. McGhee,
Director, Water Management Division.
[FR Doc. 97-2044 Filed 1-28-97; 8:45 am]
BILLING CODE 6560-50-P
