[Federal Register Volume 67, Number 249 (Friday, December 27, 2002)]
[Notices]
[Pages 79091-79095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32770]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-OW-7431-3]


Revision of National Recommended Water Quality Criteria

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; revision of National Recommended Water 
Quality Criteria.

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SUMMARY: EPA is publishing a revision of fifteen of its national 
recommended water quality criteria for protecting human health, 
developed pursuant to section 304(a) of the Clean Water Act (CWA or the 
Act). This revision is a partial update based on EPA's new methodology 
for deriving human health criteria. The fifteen criteria included in 
this notice are: chlorobenzene; cyanide; 1,2-dichlorobenzene; 1,4-
dichlorobenzene; 1,1-dichloroethylene; 1,3-dichloropropene; endrin; 
ethylbenzene; hexachlorocyclopentadiene; lindane; thallium; toluene; 
1,2-transdichloroethylene; 1,2,4-trichlorobenzene; and vinyl chloride. 
EPA is also announcing the availability of an updated national 
recommended water quality criteria compilation. The updated compilation 
is available on the Office of Science and Technology's website under 
Criteria Table (see http://www.epa.gov/waterscience/humanhealth/). In 
the updated compilation, EPA partially revised 83 national recommended 
water quality criteria for protecting human health. The fifteen 
criteria in today's Notice are not part of the updated compilation. 
EPA's recommended water quality criteria provide guidance for States 
and authorized Tribes to establish water quality standards under the 
CWA to protect human health and aquatic life. Under the CWA, States and 
authorized Tribes are to establish water quality standards to protect 
designated uses. Such standards are used in implementing a number of 
environmental programs, including

[[Page 79092]]

setting discharge limits in National Pollutant Discharge Elimination 
System (NPSED) permits. Once established an EPA water quality criterion 
does not substitute for the CWA or EPA's regulations; nor is it a 
regulation itself. Thus, it cannot impose legally binding requirements 
on the EPA, States authorized Tribes or the regulated community, and 
might not apply to a particular situation based upon the circumstances. 
State and Tribal decision-makers retain the discretion to adopt 
approaches on a case-by-case basis that differ from EPA's guidance when 
appropriate.

DATES: EPA will accept scientific views on the fifteen criteria 
published in this notice until February 25, 2003. Scientific views 
postmarked after this date may not receive the same consideration.

ADDRESSES: Comments may be submitted electronically, by mail or through 
hand delivery/courier. Follow the detailed instructions as provided in 
Section I of the SUPPLEMENTARY INFORMATION section. Electronic files 
may be e-mailed to: [email protected]. You should address comments by 
mail to the Water Docket (MC-4101T), U.S. EPA, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, Attention Docket ID No. OW-2002-
0054. Instructions for couriers and other hand delivery are provided 
below in Section I.B.3. The Agency will not accept facsimiles (faxes). 
Send requests for copies of this Federal Register Notice to: U.S. 
Environmental Protection Agency, National Service Center for 
Environmental Publications, P.O. Box 42419, Cincinnati, Ohio 45242-
2419; telephone: 1-800-490-9198; fax: 513-489-8695. Alternatively, you 
can find this Federal Register notice on EPA's web site at http://www.epa.gov/fedrgstr/ on the Internet.

FOR FURTHER INFORMATION CONTACT: Cindy A. Roberts, Health and 
Ecological Criteria Division (4304T), U.S. EPA, Ariel Rios Building, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; (202) 566-1124; 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies Of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. OW-2002-0054. The official public docket 
consists of the documents specifically referenced in this action and 
any scientific views received. The public docket does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public docket is the 
collection of materials that is available for public viewing at the 
Water Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center 
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, and the telephone number for the Office 
of Water Docket is (202) 566-2426. A reasonable fee will be charged for 
copies.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or read the 
scientific views, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once in the system, select 
``search,'' then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute is not included in the official public docket. 
EPA's policy is that copyrighted material will not be placed in EPA's 
electronic public docket but will be available only in printed, paper 
form in the official public docket. To the extent feasible, publicly 
available docket materials will be made available in EPA's electronic 
public docket. When a document is selected from the index list in EPA 
Dockets, the system will identify whether the document is available for 
viewing in EPA's electronic public docket. Although not all docket 
materials may be available electronically, you may still access any of 
the publicly available docket materials through the docket facility 
identified in Section I.A.1.
    For scientific views, it is important to note that EPA's policy is 
that scientific views, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the views 
contain copyrighted material or other information whose disclosure is 
restricted by statute. When EPA identifies a scientific view containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the view that is placed in EPA's electronic public 
docket. The entire printed scientific view, including the copyrighted 
material, will be available in the public docket.
    Scientific views submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Scientific views that are mailed or delivered to the Docket 
will be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

B. How and To Whom Do I Submit My Scientific Views?

    You may submit scientific views electronically, by mail or through 
hand delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your views. Please ensure that your views are submitted 
within the specified time period. Scientific views received after the 
close of the stated time period will be marked ``late.'' EPA is not 
required to consider these late submittals. Do not use EPA Dockets or 
e-mail to submit CBI or information protected by statute. Commenters 
who want EPA to acknowledge receipt of their submittals should include 
a self-addressed stamped envelope.
    1. Electronically. If you submit electronic input as prescribed 
below, EPA recommends that you include your name, mailing address, and 
an e-mail address or other contact information in the body of your 
scientific views. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the input and allows EPA to contact you in case EPA cannot 
read your views due to technical difficulties or needs further 
information on the substance of your views. EPA's policy is that EPA 
will not edit your scientific views, and any identifying or contact 
information provided in the body of a view will be included as part of 
the input that is placed in the official public docket, and made 
available in

[[Page 79093]]

EPA's electronic public docket. If EPA cannot read your views due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your views.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit scientific views to EPA electronically is EPA's preferred method 
for receiving scientific views. Go directly to EPA Dockets at http://www.epa.gov/edocket/ and follow the online instructions for submitting 
input. To access EPA's electronic public docket from the EPA Internet 
Home Page, select ``Information Sources,'' ``Dockets,'' and ``EPA 
Dockets.'' Once in the system, select ``search,'' and then key in 
Docket ID No. OW-2002-0054. The system is an ``anonymous access'' 
system, which means EPA will not know your identity, e-mail address, or 
other contact information unless you provide it in the body of your 
input.
    ii. E-mail. Scientific views may be sent by electronic mail (e-
mail) to: [email protected], Attention Docket ID No. OW-2002-0054. In 
contrast to EPA's electronic public docket, EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail scientific view 
directly to the Docket without going through EPA's electronic public 
docket, EPA's e-mail system automatically captures your e-mail address. 
E-mail addresses that are automatically captured by EPA's e-mail system 
are included as part of the views that are placed in the official 
public docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit scientific views on a disk or 
CD ROM that you mail to the mailing address identified in Section 
I.A.1. The disk or CD ROM input of scientific views must be submitted 
as a WordPerfect 9, or higher, file or as an ASCII file format. Avoid 
the use of special characters and any form of encryption.
    2. By Mail. Send an original and three copies of all scientific 
views and any enclosures, including references, on the fifteen criteria 
addressed to the Water Docket (MC-4101T), U.S. EPA, 1200 Pennsylvania 
Avenue, NW., Washington, D.C. 20460, Attention Docket ID No. OW-2002-
0054.
    3. By Hand Delivery or Courier. Deliver your scientific views to: 
EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC, Attention Docket ID No. OW-2002-0054. Such 
deliveries are only accepted during the Docket's normal hours of 
operation as identified in Section I.A.1.

C. What Should I Consider as I Prepare My Scientific Views for EPA?

    You may find the following suggestions helpful for preparing your 
scientific views:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your scientific views by the time period 
deadline identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your views.

II. What Are Water Quality Criteria?

    Water quality criteria are scientifically derived numeric values 
that protect aquatic life or human health from the deleterious effects 
of pollutants in ambient water.
    Section 304(a)(1) of the Clean Water Act requires EPA to develop 
and publish and, from time to time, revise, criteria for water quality 
accurately reflecting the latest scientific knowledge. Water quality 
criteria developed under section 304(a) are based solely on data and 
scientific judgments on the relationship between pollutant 
concentrations and environmental and human health effects. Section 
304(a) criteria do not reflect consideration of economic impacts or the 
technological feasibility of meeting the chemical concentrations in 
ambient water. Section 304(a) criteria provide guidance to States and 
authorized Tribes in adopting water quality standards that ultimately 
provide a basis for controlling discharges or releases of pollutants. 
The criteria also provide guidance to EPA when promulgating federal 
regulations under section 303(c) when such action is necessary.

III. What Are the Criteria Revisions?

    EPA is today publishing an update of the following fifteen national 
recommended water quality criteria (NRWQC) for protecting human health: 
chlorobenzene; cyanide; 1,2-dichlorobenzene; 1,4-dichlorobenzene; 1,1-
dichloroethylene; 1,3-dichloropropene; endrin; ethylbenzene; 
hexachlorocyclopentadiene; lindane; thallium; toluene; 1,2-
transdichloroethylene; 1,2,4-trichlorobenzene; and vinyl chloride. 
These revisions are based on EPA's new methodology for deriving human 
health criteria (See: Methodology for Deriving Ambient Water Quality 
Criteria for the Protection of Human Health (2000), EPA-822-B-00-004, 
October 2000). The revised methodology describes the Agency's current 
approach for deriving national recommended water quality criteria to 
protect human health.
    The revision of these criteria represents a partial update of the 
304(a) criteria as described in both the draft Methodology revisions 
and the Federal Register Notice that accompanied the final Methodology 
(65 FR 66444). EPA believes that updating a limited number of 
components for which there are available data or improved science 
(i.e., a partial update) is a reasonable and efficient means of 
publishing revised 304(a) criteria more frequently. EPA has also 
previously described its process for publishing revised criteria [see 
National Recommended Water Quality Criteria--Correction (64 FR 19781; 
or EPA 822-Z-99-001) or the Federal Register Notice for the final 
Methodology (65 FR 66444)]. EPA specifically stated that when making 
minor revisions to existing criteria based on new information 
pertaining to individual components of the criteria, it will publish 
the recalculated criteria directly as the Agency's national recommended 
water quality criteria. Because recalculation of these fifteen criteria 
result in significant changes, EPA is publishing them in today's Notice 
in order to solicit scientific views as indicated in the previously 
published process. However, EPA does not intend to subject these 
recalculations to additional peer review because all of the new 
components used in the recalculations have been previously reviewed. A 
calculation matrix containing the components (e.g., cancer dose-
response assessment, reference dose and relative source contribution) 
used to derive the criteria in this compilation was prepared to assist 
reviewers and is available from the docket described in the 
SUPPLEMENTARY INFORMATION section. No information has been presented 
for the first time as part of today's action. The fifteen revised 
criteria are included in Table 1.

[[Page 79094]]



                                                         Table 1.--Revised Human Health Criteria
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                                                                              Human health for Consumption of:
        Priority pollutant                    CAS No.           ------------------------------------------------------------          Components
                                                                    Water + organism (ug/L)        Organism only  (ug/L)
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Thallium.........................  7440280                       0.24                          0.47                          RfD = 6.8E-5
                                                                                                                             BCF = 116 (RFD LISTED IS
                                                                                                                              FOR THALLIUM (I) SULFATE
                                                                                                                              7446-18-6)
                                                                                                                             RSC = 20%
                                                                                                                             FI = 17.5
Cyanide..........................  57125                         140                           16,000                        RfD = 2E-2
                                                                                                                             BCF = 1
                                                                                                                             RSC = 20%
                                                                                                                             FI = 17.5
Chlorobenzene....................  108907                        130                           1,600                         RfD = 2E-2
                                                                                                                             BCF = 10.3
                                                                                                                             RSC = 20 %
                                                                                                                             FI = 17.5
1,1-Dichloroethylene.............  75354                         330                           7,100                         RfD = 5E-2
                                                                                                                             RSC = 20 %
                                                                                                                             BCF = 5.6
                                                                                                                             FI = 17.5
1,3-Dichloropropene..............  542756                        0.34                          21                            q1* = 0.1
                                                                                                                             BCF = 1.9
                                                                                                                             FI = 17.5
Ethylbenzene.....................  100414                        530                           2,100                         RfD = 1E-1
                                                                                                                             BCF = 37.5
                                                                                                                             RSC = 20%
                                                                                                                             FI = 17.5
Toluene..........................  108883                        1,300                         15,000                        RfD = 2E-1
                                                                                                                             BCF = 10.7
                                                                                                                             RSC = 20%
                                                                                                                             FI = 17.5
1,2-Trans-Dichloro-ethylene......  156605                        140                           10,000                        RfD = 2E-2
                                                                                                                             BCF = 1.58
                                                                                                                             RSC = 20%
                                                                                                                             FI = 17.5
Vinyl Chloride...................  75014                         0.025                         2.4                           q1* = 1.4 (LMS exposure
                                                                                                                              from birth)
                                                                                                                             BCF = 1.17
                                                                                                                             FI = 17.5
1,2-Dichlorobenzene..............  95501                         420                           1,300                         RfD = 9E-2
                                                                                                                             BCF = 55.6
                                                                                                                             RSC = 20%
                                                                                                                             FI = 17.5
1,4-Dichlorobenzene..............  106467                        63                            190                           ADI = 1.34E-2
                                                                                                                             (ADI for 1,2-DCB used)
                                                                                                                             BCF = 55.6
                                                                                                                             RSC = 20%
                                                                                                                             FI = 17.5
Hexachlorocyclo-pentadiene.......  77474                         40                            1,100                         RfD = 6E-3
                                                                                                                             BCF = 4.34
                                                                                                                             RSC = 20%
                                                                                                                             FI = 17.5
1,2,4-Trichloro-benzene..........  120821                        35                            70                            RfD = 1E-2
                                                                                                                             BCF = 114
                                                                                                                             RSC = 20%
                                                                                                                             FI = 17.5
gamma-BHC (Lindane)..............  58899                         0.98                          1.8                           RfD= 3E-4
                                                                                                                             BCF = 130
                                                                                                                             RSC= 20%
                                                                                                                             FI = 17.5
Endrin...........................  72208                         0.059                         0.060                         RfD = 3E-4
                                                                                                                             BCF = 3970
                                                                                                                             RSC = 20%
                                                                                                                             FI = 17.5
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[[Page 79095]]

    EPA received much support for revising criteria based on partially 
updated components of the criteria equations as a way of increasing the 
frequency of scientific improvements to the nationally recommended 
criteria that currently-available information would allow. For a water 
quality criterion revision based on a partial update to be considered 
acceptable to EPA, a component of the criterion (e.g., the 
toxicological risk assessment) should be comprehensive (e.g., a new or 
revised RfD or cancer dose-response assessment, as opposed to simply a 
new scaling factor), stand alone and be based on new national or local 
data. The recalculation of all fifteen water quality criteria 
integrates the updated national default freshwater/estuarine fish 
consumption rate of 17.5 grams/day. Thirteen of the criteria integrate 
a previously-determined relative source contribution (RSC) value from 
the national primary drinking water standards for the same chemicals. 
EPA also incorporated into the recalculations a new cancer potency 
factor (q1*) for 1,3-dichloropropene and vinyl chloride, and a new 
reference dose (RfD) for 1,1-dichloroethylene, 
hexachlorocyclopentadiene and lindane. These values have already been 
published in the Agency's Integrated Risk Information System (IRIS). 
Both an RfD and q1* are available in IRIS for 1,3-dichloropropene and 
vinyl chloride. EPA used the q1* to derive the criteria in these cases 
rather than the RfD because it resulted in more protective criteria.
    Today's revisions of the water quality criteria used the 
bioconcentration factor (BCF) or field-measured BAF developed using the 
1980 Methodology. The BCFs used in deriving today's criteria are 
consistent with the BCFs used in promulgating human health criteria for 
priority toxic pollutants in rules such as the 1992 National Toxics 
Rule and the 2000 California Toxics Rule.
    EPA has partially revised 83 additional human health criteria which 
are available on the Office of Science and Technology's website under 
Criteria Table (see http://www.epa.gov/waterscience/humanhealth/). 
Again, as previously described, EPA has published the compilation 
including the 83 recalculated criteria directly as the Agency's 
national recommended water quality criteria because the updates result 
in minor changes.

IV. What Is the Relationship Between the Water Quality Criteria and 
Your State or Tribal Water Quality Standards?

    As part of the water quality standards triennial review process 
defined in section 303(c)(1) of the CWA, the States and authorized 
Tribes are responsible for maintaining and revising water quality 
standards. Water quality standards consist of designated uses, water 
quality criteria to protect those uses, a policy for antidegradation, 
and general policies for application and implementation. Section 
303(c)(1) requires States and authorized Tribes to review and modify, 
if appropriate, their water quality standards at least once every three 
years.
    States and authorized Tribes must adopt water quality criteria that 
protect designated uses. Protective criteria are based on a sound 
scientific rationale and contain sufficient parameters or constituents 
to protect the designated uses. Criteria may be expressed in either 
narrative or numeric form. States and authorized Tribes have four 
options when adopting water quality criteria for which EPA has 
published section 304(a) criteria. They can:
    (1) Establish numerical values based on recommended section 304(a) 
criteria;
    (2) Adopt section 304(a) criteria modified to reflect site specific 
conditions;
    (3) Adopt criteria derived using other scientifically defensible 
methods; or
    (4) Establish narrative criteria where numeric criteria cannot be 
determined (40 CFR 131.11).
    Consistent with 40 CFR 131.21 (see: EPA Review and Approval of 
State and Tribal Water Quality Standards (65 FR 24641, April 27, 
2000)), water quality criteria adopted by law or regulation by States 
and authorized Tribes prior to May 30, 2000, are in effect for CWA 
purposes unless superseded by federal regulations (see, for example, 
the National Toxics Rule, 40 CFR 131.36; Water Quality Standards for 
Idaho, 40 CFR 131.33). New or revised water quality criteria adopted 
into law or regulation by States and authorized Tribes on or after May 
30, 2000 are in effect for CWA purposes only after EPA approval.

V. What Is the Status of Existing Recommended Criteria While They Are 
Under Revision?

    Water quality criteria published by EPA remain the Agency's 
recommended water quality criteria until EPA revises or withdraws the 
criteria. For example, while undertaking recent reassessments of dioxin 
and other chemicals, EPA has consistently supported the use of the 
current section 304(a) criteria for these chemicals and considers them 
to be scientifically sound until the Agency reevaluates the 304(a) 
criteria, subjects the criteria to appropriate peer review, and 
publishes revised 304(a) criteria.

VI. Where Can I Find More Information About Water Quality Criteria and 
Water Quality Standards?

    For more information about water quality criteria and Water Quality 
Standards refer to the following: Water Quality Standards Handbook (EPA 
823-B94-005a); Advanced Notice of Proposed Rule Making (ANPRM), 
(63FR36742); Water Quality Criteria and Standards Plan--Priorities for 
the Future (EPA 822-R-98-003); Guidelines and Methodologies Used in the 
Preparation of Health Effects Assessment Chapters of the Consent Decree 
Water Criteria Documents (45FR79347); Methodology for Deriving Ambient 
Water Quality Criteria for the Protection of Human Health (2000), EPA-
822-B-00-004, October 2000); Guidelines for Deriving Numerical National 
Water Quality Criteria for the Protection of Aquatic Organisms and 
Their Uses (EPA 822/R-85-100); National Strategy for the Development of 
Regional Nutrient Criteria (EPA 822-R-98-002); and EPA Review and 
Approval of State and Tribal Water Quality Standards (65 FR 24641).
    You can find these publications through EPA's National Service 
Center for Environmental Publications (NSCEP, previously NCEPI) or on 
the Office of Science and Technology's Home-page (http://www.epa.gov/waterscience).

    Dated: December 19, 2002.
Geoffrey H. Grubbs,
Director, Office of Science and Technology.
[FR Doc. 02-32770 Filed 12-26-02; 8:45 am]
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