[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Proposed Rules]
[Pages 60672-60673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30311]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 131
[FRL-5656-6]
Withdrawal From Federal Regulations of Arsenic Criteria
Applicable to Idaho
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule and request for comments.
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SUMMARY: In 1992, EPA promulgated federal regulations establishing
water quality criteria for toxic pollutants for several states,
including Idaho (40 CFR 131.36). Idaho has now adopted, and EPA has
approved, human health water quality criteria. In this action, EPA is
proposing to withdraw the human health criteria for arsenic applicable
to Idaho. EPA is providing an opportunity for public comment on
withdrawal of the federal criteria because the State's arsenic criteria
differ from the federal criteria. In a related action published in the
final rule section of this issue of the Federal Register, EPA is
amending the federal regulations to withdraw the human health criteria
for those pollutants where Idaho has adopted criteria that are
identical to the federal criteria.
DATES: EPA will accept public comments on its proposed withdrawal of
the human health criteria for arsenic applicable to Idaho until
December 30, 1996. Comments postmarked after this date may not be
considered.
ADDRESSES: An original plus 2 copies, and if possible an electronic
version of comments either in WordPerfect or ASCII format, should be
addressed to Lisa Macchio, U.S. EPA Region 10, Office of Water, 1200
Sixth Avenue, Seattle, Washington, 98101.
The administrative record for the consideration of Idaho's human
health criteria for arsenic is available for public inspection at EPA
Region 10, Office of Water, 1200 Sixth Avenue, Seattle, Washington,
98101, between 8:00 a.m. to 4:30 p.m.
FOR FURTHER INFORMATION CONTACT: Fred Leutner at EPA Headquarters,
Office of Water (4305), 401 M Street, SW, Washington, D.C., 20460,
(telephone: 202-260-1542) or Lisa Macchio in EPA's Region 10 at 260-
553-1834.
SUPPLEMENTARY INFORMATION:
Potentially Affected Entities
Citizens concerned with water quality in Idaho, and with pollution
from arsenic in particular, may be interested in this proposed
rulemaking. Since criteria are used in determining NPDES permit limits,
entities discharging arsenic to waters of the United States in Idaho
could be affected by this proposed rulemaking. Regulated categories and
entities include:
------------------------------------------------------------------------
Examples of regulated
Category entities
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Industry.................................. Industries discharging
arsenic to surface waters
in Idaho.
Municipalities............................ Publicly-owned treatment
works discharging arsenic
to surface waters in Idaho.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility is regulated by this action, you should carefully examine
the applicability criteria in Sec. 131.36 of title 40 of the Code of
Federal Regulations. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Background
In 1992, EPA promulgated a final rule (known as the National Toxics
Rule) to establish numeric water quality criteria for 12 States and 2
Territories (hereafter ``States'') that had failed to comply fully with
section 303(c)(2)(B) of the Clean Water Act. (57 FR 60848). The
criteria, codified at 40 CFR l3l.36, became the applicable water
quality standards in those 14 jurisdictions for all purposes and
programs under the Clean Water Act effective February 5, 1993.
When a State adopts criteria that meet the requirements of the
Clean Water Act, EPA withdraws its criteria. If the State's criteria
are no less stringent than the federal regulations, EPA will withdraw
its criteria without notice and comment rulemaking since additional
comment on the criteria is unnecessary. If a State's criteria are less
stringent than the federal regulations, EPA will withdraw its criteria
only after notice and opportunity for public comment on that decision.
(see 57 FR 60860).
On August 24, 1994, Idaho adopted revisions to its surface water
quality standards (Title 1, Chapter 2, section 250 of the Idaho
Administrative Code), regarding human health criteria for toxic
pollutants. For most pollutants, Idaho adopted by reference EPA's human
health criteria. In a separate final action published in this issue of
the Federal Register, EPA is withdrawing without public comment those
human health criteria applicable to Idaho for which the State has
adopted identical criteria.
Idaho adopted human health criteria for arsenic that differ from
the federal
[[Page 60673]]
regulations. The Office of Water for EPA's Region 10 has approved
Idaho's arsenic criteria and has recommended that the Agency withdraw
the federal criteria for arsenic applicable to Idaho. Idaho's criteria
for arsenic differ from the federal criteria because the State used a
bioconcentration factor (BCF) to derive its criteria that is different
from the BCF used by EPA. Idaho selected a BCF that the State believes
more accurately reflects the species present in State's surface waters.
EPA had indicated in the preamble to the National Toxic Rule that
states may select fish species in developing BCF values that would
better reflect species found in State waters. (see 57 FR 60888). Having
reviewed Idaho's submission, Region 10 concluded that the State's
choice of a BCF to calculate the arsenic criteria was appropriate and
the State's arsenic criteria met the requirements of the Clean Water
Act.
EPA is providing an opportunity for the public to comment on the
Agency's proposed withdrawal of the federal human health criteria for
arsenic applicable to Idaho because Idaho's criteria for arsenic are
less stringent than the federal criteria.
This proposed withdrawal of human health criteria would impose no
additional regulatory requirements or costs. Therefore, it has been
determined that this action is not a ``significant regulatory action''
under the terms of Executive Order 12866 and is not subject to OMB
review.
Based on this information, pursuant to section 605(b) of the
Regulatory Flexibility Act, the Administrator certifies that this
action will not have significant impact on a substantial number of
small entities.
Similarly, this action will not result in the annual expenditure of
$100 million or more for State, local, and tribal governments, in the
aggregate, or to the private sector, and is not a Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (UMRA) (P.L. 104-
4), nor does it uniquely affect small governments in any way. As such,
the requirements of sections 202, 203 and 205 of Title II of the UMRA
do not apply to this action.
This proposed rule does not impose any requirement subject to the
Paperwork Reduction Act.
List of Subjects in 40 CFR Part 131
Environmental protection, Water pollution control, Water Quality
Standards.
Dated: November 21, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble title 40, chapter I, part
131 of the Code of Federal Regulations is proposed to be amended as
follows:
PART 131--WATER QUALITY STANDARDS
1. The authority citation for part 131 continues to read as
follows:
Authority: 33 U.S.C. 1251 et seq.
Sec. 131.36 [Amended]
2. Section 131.36(d)(13)(i) is amended by removing the following
use classifications: ``16.01.2100.01.b. Domestic Water Supplies'',
``16.01.2100.03.a. Primary Contact Recreation'', and ``16.01.2100.03.b.
Secondary Contact Recreation''.
3. Section 131.36(d)(13)(ii) is amended by removing the following
use classifications and corresponding applicable criteria: ``01.b'',
``03.a'', ``03.b''.
4. Section 131.36(d)(13)(ii) is amended in ``02.a,'' ``02.b,'' and
``02.cc'' use classification, under the listing of applicable criteria,
by removing ``Column D2''.
5. Section 131.36(d)(13)(iii) is removed in its entirety.
[FR Doc. 96-30311 Filed 11-27-96; 8:45 am]
BILLING CODE 6560-50-P
