[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          
------------------------------------------------------------------------
Industry..................................  Industries discharging      
                                             arsenic to surface waters  
                                             in Idaho.                  
Municipalities............................  Publicly-owned treatment    
                                             works discharging arsenic  
                                             to surface waters in Idaho.
------------------------------------------------------------------------

    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