[Federal Register Volume 66, Number 17 (Thursday, January 25, 2001)]
[Notices]
[Pages 7759-7760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2172]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6937-9]


Preliminary Administrative Determination Document on the Question 
of Whether Ferric Ferrocyanide Is One of the ``Cyanides'' Within the 
Meaning of the List of Toxic Pollutants Under the Clean Water Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of document availability and public comment period.

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SUMMARY: By order dated October 19, 1995, the United States District 
Court for the District of Massachusetts stayed the proceedings in 
Commonwealth of Massachusetts v. Blackstone Valley Electric Co. (No. 
94-2286) and referred the question of whether ferric ferrocyanide 
qualifies as one of the ``cyanides'' within the meaning of the list of 
toxic pollutants under the Clean Water Act (CWA) to the U.S. 
Environmental Protection Agency (EPA). This District Court order 
followed a U.S. Court of Appeals decision in which the First Circuit 
determined that it was appropriate to refer this question to EPA for an 
``administrative determination.'' Commonwealth of Massachusetts v. 
Blackstone Valley Electric Co., 67 F.3d 981 (1st Cir. 1995). Today's 
notice announces the availability of EPA's preliminary administrative 
determination for public review and comment.

DATES: Comments and relevant information on this preliminary 
administrative determination must be submitted to the Agency by March 
12, 2001. Comments submitted should be adequately documented.

ADDRESSES: Mail written comments to: FFC Administrative Determination, 
USEPA, Engineering and Analysis Division (4303), Office of Science and 
Technology, 1200 Pennsylvania Avenue, Ariel Rios Building, NW., 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For further information and to request 
a copy of the administrative determination contact Dr. Maria Gomez-
Taylor, USEPA, Engineering and Analysis Division (4303), Office of 
Science and Technology, Ariel Rios Building, 1200 Pennsylvania Avenue, 
NW., Washington, DC 20460; or call (202) 260-1639; or fax (202) 260-
7185; or e-mail [email protected].

SUPPLEMENTARY INFORMATION: EPA has prepared a preliminary 
administrative determination describing EPA's opinion on how to 
interpret the term ``cyanides'' (40 CFR 401.15, 40 CFR 302.4, and Table 
302.4) as it applies to ferric ferrocyanide. (40 CFR 401.15 contains 
the list of toxic pollutants, 40 CFR 302.4 provides the designation of 
hazardous substances, and Table 302.4 at 40 CFR 302.4 contains the list 
of hazardous substances and reportable quantities.) This preliminary 
administrative determination document has been prepared in order to 
respond to a referral from the United States District Court for the 
District of Massachusetts. By order dated October 19, 1995, the United 
States District Court for the District of Massachusetts stayed the 
proceedings in Commonwealth of Massachusetts v. Blackstone Valley 
Electric Co. (No. 94-2286) and referred the question of whether ferric 
ferrocyanide qualifies as one of the ``cyanides'' within the meaning of 
40 CFR 401.15, 40 CFR 302.4, and Table 302.4 to the U.S. Environmental

[[Page 7760]]

Protection Agency (EPA). This District Court order followed a U.S. 
Court of Appeals decision in which the First Circuit determined that it 
was appropriate to refer this question to EPA for an ``administrative 
determination.'' Commonwealth of Massachusetts v. Blackstone Valley 
Electric Co., 67 F.3d 981 (1st Cir. 1995).
    As explained in the preliminary administrative determination 
document, it is EPA's preliminary administrative determination that 
ferric ferrocyanide is one of the ``cyanides'' within the meaning of 40 
CFR 401.15, 40 CFR 302.4, and Table 302.4. This preliminary 
administrative determination is being issued in order to respond to the 
referral from the District Court. It is not a legislative rule and 
notice and comment is not required. However, EPA is soliciting public 
comment because it had previously notified interested parties of its 
intent to do so.

    Dated: January 18, 2001.
J. Charles Fox,
Assistant Administrator for Water.
[FR Doc. 01-2172 Filed 1-24-01; 8:45 am]
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