[Federal Register Volume 73, Number 161 (Tuesday, August 19, 2008)]
[Proposed Rules]
[Pages 48351-48352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19199]
[[Page 48351]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 131
[EPA-HQ-OW-2008-0495; FRL-8706-8]
Withdrawal of the Federal Water Quality Standards Use
Designations for Soda Creek and Portions of Canyon Creek, South Fork
Coeur d'Alene River, and Blackfoot River in Idaho
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to take direct final action to withdraw the
Federal water quality standards designating cold water biota uses for
Soda Creek and portions of Canyon Creek, South Fork Coeur d'Alene
River, and Blackfoot River in Idaho. In July 1997, EPA promulgated a
Federal rule designating uses for water bodies in the State of Idaho,
including the designation of cold water biota for Soda Creek, and
portions of Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot
River, with the exception of any portion in Indian country. These
Federal water quality standards designating cold water biota uses are
no longer necessary since EPA approved Idaho's adopted uses that result
in protection for cold water biota. EPA is also withdrawing the water
quality standards variance provision applicable to these uses (40 CFR
131.33(d)), because this provision is no longer necessary with the
withdrawal of the Federal water quality standards designating these
uses.
DATES: Written comments must be received by September 18, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2008-0495, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: [email protected]
Mail to either: Water Docket, U.S. Environmental
Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460 or Lisa Macchio, U.S. EPA, Region 10, Mailcode:
OWW-131, 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101,
Attention: Docket ID No. EPA-HQ-OW-2008-0495.
Hand Delivery: EPA Docket Center, EPA West Room 3334, 1301
Constitution Avenue, NW., Washington, DC 20004 or Lisa Macchio, U.S.
EPA, Region 10, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101,
Attention Docket ID No. EPA-HQ-OW-2008-0495. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2008-
0495. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
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 EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to 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 EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at two docket facilities. The OW
Docket Center is open from 8:30 until 4:30 p.m., Monday through Friday,
excluding legal holidays. The OW Docket Center telephone number is
(202) 566-2426, and the Docket address is OW Docket, EPA West, Room
3334, 1301 Constitution Avenue, NW., Washington, DC 20004. 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. Publicly available docket materials are
also available in hard copy at U.S. EPA, Region 10, 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101. Docket materials can be accessed from 9
a.m. until 3 p.m., Monday through Friday, excluding legal holidays. The
telephone number is (206) 553-1834.
FOR FURTHER INFORMATION CONTACT: Wendy Drake, U.S. EPA Headquarters,
Office of Water, Mailcode: 4305T, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number: 202-564-2926; fax number: 202-
566-0409; e-mail address: [email protected] or Lisa Macchio, U.S.
EPA, Region 10, Mailcode: OWW-131, 1200 Sixth Avenue, Suite 900,
Seattle, Washington 98101; telephone number: 206-553-1834; fax number:
206-553-0165; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: This action concerns EPA's withdrawal of the
Federal water quality standards designating cold water biota uses for
Soda Creek and portions of Canyon Creek, South Fork Coeur d'Alene
River, and Blackfoot River in Idaho. In the ``Rules and Regulations''
section of this Federal Register, we are withdrawing the Federal water
quality standards designating cold water biota uses for Soda Creek and
portions of Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot
River in Idaho and the water quality standards variance provision
related to these uses as a direct final rule without a prior proposed
rule. If we receive no adverse comment, we will not take further action
on this proposed rule.
In July 1997, EPA promulgated a Federal rule designating uses for
water bodies in the State of Idaho, including the designation of cold
water biota for Soda Creek, and portions of Canyon Creek, South Fork
Coeur d'Alene River, and Blackfoot River, with the exception of any
portion in Indian country (62 FR 41183, July 31, 1997). In March 2000,
Idaho adopted a revised use for a segment of Blackfoot River, which
changed from ``Protected for Future Use'' to undesignated. In Idaho,
undesignated waters are protected for all recreational use in and on
the water and for the propagation of fish, shellfish, and wildlife
(IDAPA 58.01.02.101.01). In March 2002, Idaho adopted a use designation
of cold water biota for segments of Canyon Creek and South Fork Coeur
d'Alene River. In March 2006, Idaho adopted a revised
[[Page 48352]]
use for Soda Creek, which changed from ``NONE'' to undesignated. As
described in the undesignated surface waters provision of Idaho's Water
Quality Standards (IDAPA 58.01.02.101.01a), the Idaho Department of
Environmental Quality (IDEQ) applies cold water aquatic life criteria
to undesignated waters because it is presumed that most waters in the
State will support cold water aquatic life. Thus, cold water aquatic
life criteria now apply to Soda Creek and the segment of the Blackfoot
River. EPA approved Idaho's revised water quality standards for
segments of Canyon Creek and South Fork Coeur d'Alene River on June 24,
2005, and for Soda Creek on August 15, 2006. EPA approved Idaho's
revised water quality standards for the segment of the Blackfoot River,
except for any portion in Indian country, on August 22, 2006. Thus, the
Federal water quality standards designating Soda Creek and portions of
Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot River for
cold water biota use (40 CFR 131.33(b)) is no longer necessary, and EPA
is withdrawing it with this action. EPA is also withdrawing the water
quality standards variance provision applicable to these uses (40 CFR
131.33(d)), because this provision is no longer necessary with the
withdrawal of the Federal water quality standards designating these
uses.
For further information, including the regulatory text and various
statutes and executive orders that require findings for rulemakings,
please see the information provided in the direct final rule titled,
``Withdrawal of the Federal Water Quality Standards Use Designations
for Soda Creek and Portions of Canyon Creek, South Fork Coeur d'Alene
River, and Blackfoot River in Idaho'' located in the ``Rules and
Regulations'' section of this Federal Register publication.
I. Why EPA Is Issuing This Proposed Rule
This document proposes to withdraw the Federal water quality
standards designating cold water biota uses for Soda Creek and portions
of Canyon Creek, Blackfoot River, and South Fork Coeur d'Alene River in
Idaho. We have published a direct final rule withdrawing the Federal
water quality standards designating the cold water biota uses in the
``Rules and Regulations'' section of this Federal Register because we
view this as a noncontroversial action and anticipate no adverse
comment. We have explained our reasons for this action in the preamble
to the direct final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on this proposed
rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
II. What Entities May Be Affected by This Action?
Citizens concerned with water quality in Idaho may be interested in
this rulemaking. Entities discharging pollutants to Soda Creek, Canyon
Creek, South Fork Coeur d'Alene, and Blackfoot River in Idaho could be
indirectly affected by this rulemaking because water quality standards
are used in determining National Pollutant Discharge Elimination System
(NPDES) permit limits. Because this action withdraws the Federal water
quality standards designating cold water biota uses that are no longer
necessary since EPA approved Idaho's adopted uses that result in
protection for cold water biota, the effect of this rulemaking may only
occur when entities seek variances to water quality standards. Entities
seeking variances from use designations on these waters will now apply
to the state, and EPA will act on the state's decision to grant the
variance.
Categories and entities that may ultimately be affected include:
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Examples of potentially
Category affected entities
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Industry.................................. Industries discharging
pollutants to Soda Creek,
Canyon Creek, South Fork
Coeur d'Alene River, and
Blackfoot River in Idaho.
Municipalities............................ Publicly owned treatment
works discharging
pollutants to Soda Creek,
Canyon Creek, South Fork
Coeur d'Alene River, and
Blackfoot River in Idaho.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding NPDES regulated entities likely to be
affected by this action. This table lists the types of entities that
EPA is now aware could potentially be affected by this action.
List of Subjects in 40 CFR Part 131
Environmental protection, Intergovernmental relations, Reporting
and recordkeeping requirements, Water pollution control, Water quality
standards.
Dated: August 13, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-19199 Filed 8-18-08; 8:45 am]
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