[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Proposed Rules]
[Pages 65614-65616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30985]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 131
[FRL-5399-8]
Proposed Removal of Federal Water Quality Standards for Surface
Waters of the Sacramento River, San Joaquin River, and San Francisco
Bay and Delta of the State of California
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: In December 1994, under the authority of the Clean Water Act
(CWA), the Environmental Protection Agency (EPA) promulgated a rule
establishing four sets of water quality criteria to protect the
designated uses for the surface waters of the Sacramento River, San
Joaquin River, and San Francisco Bay and Delta of the State of
California (Bay/Delta). Subsequent to this promulgation, the State of
California adopted water quality standards for the Bay/Delta and
submitted them to EPA for approval. On September 26, 1995, the Regional
Administrator for EPA Region IX approved the state water quality
standards as protective of the designated uses for the relevant
waterbodies. Currently, the State of California is in the process of
implementing these state-adopted and EPA-approved water quality
standards through a state water rights hearing
[[Page 65615]]
process. Accordingly, EPA's promulgated water quality standards are no
longer needed to meet the requirements of the Clean Water Act.
Therefore, EPA proposes to remove the rule.
DATES: Comments on this proposal will be accepted until March 19, 1996.
ADDRESSES: Comments should be addressed to Palma Risler, Water
Management Division, Environmental Protection Agency, 75 Hawthorne
Street, San Francisco, California 94105.
FOR FURTHER INFORMATION CONTACT: Palma Risler, Water Management
Division, Environmental Protection Agency, 75 Hawthorne Street, San
Francisco, California 94105, 415-744-2017. The public record for this
rulemaking is available through this contact at this same address.
SUPPLEMENTARY INFORMATION:
Background
In December 1994, under the authority of section 303 of the CWA,
EPA promulgated a rule establishing four sets of water quality criteria
to protect the designated uses for the surface waters of the Sacramento
River, San Joaquin River, and San Francisco Bay and Delta of the State
of California (Bay/Delta)(60 FR 4664, January 24, 1995). These criteria
consisted of estuarine habitat criteria (consisting of a salinity
requirement measured at three different locations in Suisun Bay for a
specified number of days during the critical spring months), fish
migration criteria (consisting of an indexed value representing
successful fish migration on the Sacramento River and the San Joaquin
River), fish spawning criteria on the lower San Joaquin River
(consisting of a salinity requirement measured at various points in
April and May), and narrative criteria protecting the brackish tidal
marshes in Suisun Marsh. A description of these criteria are provided
in the preamble to the final rule and in the rulemaking record.
Prior to federal promulgation of the water quality standards for
the Bay/Delta, EPA, the Bureau of Reclamation and Fish and Wildlife
Service of the U.S. Department of Interior, and the National Marine
Fisheries Service of the U.S. Department of Commerce worked with the
State of California to attempt to resolve the water quality issues in
the Bay/Delta underlying EPA's rulemaking. This effort led to an
agreement, informally called the ``Bay Delta Accords'' signed by the
federal agencies, California state agencies, and interested
stakeholders. These Bay Delta Accords, signed by all the parties in
December 1994, articulate both substantive measures and processes to
protect the Bay/Delta estuary, and laid out the framework for the
adoption, review, and approval of the new State standards.
On May 22, 1995, the California State Water Resources Control Board
adopted water quality standards for the Bay/Delta in its water quality
control plan (1995 WQCP). After these revised standards were approved
by the California Office of Administrative Law in accordance with
California law, the revised standards were submitted to EPA for its
review under section 303(c) of the CWA on July 27, 1995. On September
26, 1995, the EPA Regional Administrator for Region IX approved these
standards as protective of the designated uses for the Bay/Delta. The
reasons for this approval are set forth in the approval letter and are
supplemented by additional information in the rulemaking record. Both
the approval letter and this supporting information are included in the
public record for this rulemaking.
The CWA gives the states primary responsibility for adopting water
quality standards. Throughout the rulemaking process to promulgate
federal water quality standards for the Bay/Delta, EPA has maintained
that it would withdraw the federal standards if the State adopts and
submits standards to the Agency that meet the requirements of the Act.
EPA also indicated this intent in the Bay Delta Accords.
EPA recognizes that with the exception of the Suisun Bay narrative
criteria,1 the State's 1995 WQCP provisions are not precisely
identical to the federal promulgation. Nevertheless, for the reasons
set forth in EPA's approval, the Technical Support Memorandum dated
September 21, 1995, underlying the approval, and this rulemaking
record, EPA found that the provisions in the 1995 WQCP protect the
designated uses of the estuary and otherwise meet the requirements of
the CWA. The state is currently implementing these standards.
Accordingly, the EPA rule is no longer needed to meet the requirements
of the CWA, and EPA proposes to remove the rule at 40 CFR 131.37.
\1\ The State's 1995 WQCP includes a description of ``beneficial
uses'' of the Bay/Delta waters and a set of ``objectives'' that
protect those beneficial uses. In its review of the 1995 WQCP, and
in keeping with past practice, EPA is treating the State's
beneficial uses and objectives as the ``designated uses'' and
``criteria'' required under the federal Clean Water Act. To avoid
confusion, this document will generally use the federal terms
``designated uses'' and ``criteria.''
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EPA understands that the 1995 WQCP is the subject of state court
litigation raising both procedural and substantive challenges to the
plan. Although EPA believes that the State Board should ultimately
prevail in this litigation, there is always a possibility in such
litigation for adverse court actions affecting the 1995 WQCP. Should
EPA proceed to final withdrawal of the federal water quality standards
as proposed in this notice, and the 1995 WQCP is subsequently rejected
or remanded, there would be no water quality standards in effect in
California carrying out the Bay Delta Accords. EPA intends to work with
the State so that if this situation were to arise, the requirements of
the Clean Water Act and the purposes of the Bay Delta Accords are
achieved.
Regulatory Assessment Requirements
A. Executive Order 12866
Under Executive Order 12866 (56 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to all the requirements of the order (i.e,
Regulatory Impact Analysis and review by the Office of Management and
Budget). Under section 3(f), the order defines ``significant'' as those
actions likely to lead to a rule: (1) Having an annual effect on the
economy of $100 million or more, or adversely and materially affecting
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities (also known as ``economically
significant''); (2) creating serious inconsistency or otherwise
interfering with an action taken or planned by another agency; (3)
materially altering the budgetary impacts of entitlements, grants, user
fees, or loan programs; or (4) raising novel legal or policy issues
arising out of legal mandates, the President's priorities, or the
principles set forth in this order. Pursuant to the terms of this
order, EPA has determined that the withdrawal of this rule would not be
``significant.''
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA is
certifying that a withdrawal of this rule would not have significant
impact on a substantial number of small businesses.
C. Paperwork Reduction Act
There are no information collection requirements associated with
the withdrawal of this rule that are covered under the provisions of
the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.
[[Page 65616]]
D. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year.
Today's proposal contains no Federal mandates under the regulatory
provisions of Title II of the UMRA for State, local, or tribal
governments or the private sector. In fact, removing the federal water
quality standards for the Bay/Delta will facilitate the State of
California's implementation of the state adopted and EPA-approved water
quality standards for the Bay/Delta.
List of Subjects in 40 CFR Part 131
Environmental protection, Indians--lands, Intergovernmental
relations, Reporting and recordkeeping requirements, Water pollution
control, Water quality standards, Water quality criteria.
Dated: December 14, 1995.
Carol M. Browner,
Administrator.
Part 131 of title 40 of the Code of Federal Regulations is proposed
to be amended as follows:
PART 131--[AMENDED]
1. The authority citation for part 131 continues to read as
follows:
Authority: 33 U.S.C. 1251 et seq.
Sec. 131.37 [Removed and reserved]
2. Section 131.37 is removed and reserved.
[FR Doc. 95-30985 Filed 12-19-95; 8:45 am]
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