[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Rules and Regulations]
[Pages 60616-60617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30310]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 131
[FRL-5656-7]
Withdrawal From Federal Regulations of Human Health Water Quality
Criteria Applicable to Idaho
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule
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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
amending the federal regulations to withdraw all human health criteria
applicable to Idaho with the exception of the human health criteria for
arsenic. EPA is withdrawing its human health criteria applicable to
Idaho without a notice and comment rulemaking because the State's human
health criteria (except for arsenic) are identical to the federal
criteria. In a separate action elsewhere in this issue of the Federal
Register, EPA is proposing to withdraw the federal human health
criteria for arsenic and is taking public comment on that proposed
action.
EFFECTIVE DATE: This amendment is effective November 29, 1996.
ADDRESSES: The administrative record for consideration of Idaho's human
health criteria is available for public inspection at EPA Region 10,
Office of Water, 1200 Sixth Avenue, Seattle, Washington, 98101, during
normal business hours of 8:00 a.m. to 4:30 p.m.
FOR FURTHER INFORMATION CONTACT: Fred Leutner at EPA Headquarters,
Office of Water, 401 M Street, SW, Washington, D.C., 20460 (tel: 202-
260-1542) or Lisa Macchio in EPA's Region 10 at 206-553-1834.
SUPPLEMENTARY INFORMATION:
Potentially Affected Entities:
Citizens concerned with water quality in Idaho may be interested in
this rulemaking. Entities discharging toxic pollutants to waters of the
United States in Idaho could be affected by this rulemaking since
criteria are used in determining NPDES permit limits. Regulated
categories and entities include:
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Category Examples of regulated entities
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Industry.............................. Industries discharging toxic
pollutants to surface waters in
Idaho.
Municipalities........................ Publicly-owned treatment works
discharging toxic pollutants 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 (``CWA'') (57 FR 60848).
The criteria, codified at 40 CFR 131.36, became the applicable water
quality standards in those 14 jurisdictions for all purposes and
programs under the CWA effective February 5, 1993.
When a State adopts criteria that meet the requirements of the CWA,
EPA will withdraw its criteria. If the State's criteria are no less
stringent than the federal regulations, EPA has determined that
additional comment on the criteria is unnecessary and constitutes good
cause for issuing this final rule without notice and comment. For the
same reason, EPA has determined that good cause exists to waive the
requirement
[[Page 60617]]
for a 30-day period before the amendment becomes effective and
therefore, the amendment will be immediately effective.
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 all toxic
pollutants except arsenic, Idaho adopted by reference EPA's human
health criteria. The Office of Water for EPA Region 10 approved the
State's human health criteria because they are identical to the federal
criteria, and requested that the Agency withdraw the federal criteria
applicable to Idaho for which the State now has identical numeric
criteria. In a separate action in this issue of the Federal Register,
EPA is proposing to withdraw the federal criteria for arsenic
applicable to Idaho.
This withdrawal of human health criteria imposes no additional
regulatory requirements. Therefore, it has been determined that this
rule is not a ``significant regulatory action'' under the terms of
Executive Order 12866 and is not subject to OMB review.
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.
The Agency has determined that the rule being issued today is not
subject to the Regulatory Flexibility Act (RFA), 5 U.S.C. 601, et seq.,
which generally requires an agency to conduct a regulatory flexibility
analysis unless it certifies that the rule will not have a significant
economic impact on a substantial number of small entities. By its
terms, the RFA applies only to rules subject to notice-and-comment
rulemaking requirements under the Administrative Procedures Act (APA)
or any other statute.
Today's rule is not subject to notice and comment requirements
under the APA or any other statute. As explained in more detail above,
EPA is withdrawing its water quality criteria for all toxic pollutants
except arsenic for the State of Idaho because the State has adopted its
own criteria that are identical to EPA's. In these circumstances, any
additional comment on EPA's action in this rulemaking is unnecessary.
Consequently, the notice and public procedures provisions of the APA do
not apply. 5 U.S.C. 553(b)
Even if the Agency were required to perform a regulatory
flexibility analysis, today's rule would not have a significant
economic impact on small entities. Any economic impact on small
entities is unchanged by today's action because the Idaho criteria are
identical to the EPA criteria being withdrawn.
This final rule does not impose any requirement subject to the
Paperwork Reduction Act.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR 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 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)(ii) is amended in ``01.b'' use
classification, under the listing of applicable criteria, by replacing
``all except #14 and 115'' with ``#2'' for Column D1.
3. 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 replacing ``all'' with ``#2'' after ``Column D2''.
4. Section 131.36(d)(13)(ii) is amended in ``03.a'' use
classification, under the listing of applicable criteria, by replacing
``all'' with ``#2'' after ``Column D2''.
5. Section 131.36(d)(13)(ii) is amended in ``03.b'' use
classification, under the listing of applicable criteria, by replacing
``all'' with ``#2'' after ``Column D2''.
[FR Doc. 96-30310 Filed 11-27-96; 8:45 am]
BILLING CODE 6560-50-P