[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Notices]
[Pages 57690-57691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25272]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7568-5]


Final 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.

ACTION: Notice of document availability.

-----------------------------------------------------------------------

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 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.'' Today's notice announces the availability of EPA's 
final administrative determination that ferric ferrocyanide (FFC) is 
one of the ``cyanides'' within the meaning of the Toxic Pollutant List 
Under the Clean Water Act.

DATES: This final administrative determination is available on October 
6, 2003.

ADDRESSES: The administrative record is available for inspection and 
copying at the Water Docket, located at the EPA Docket Center (EPA/DC) 
in the basement of the EPA West Building, Room B-102, 1301 Constitution 
Ave., NW., Washington, DC. The Final Administrative Determination and 
key supporting materials are also electronically available via EPA 
Dockets (Edocket) at http://www.epa.gov/edocket/.

FOR FURTHER INFORMATION CONTACT: For further information, contact 
Marion Kelly, USEPA, Office of Water, Engineering and Analysis Division 
(4303T), 1301 Constitution Avenue, NW., Washington, DC; or call (202) 
566-1045; or e-mail [email protected].

SUPPLEMENTARY INFORMATION:

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

    A. Docket. EPA has established an official public docket for this 
action under Docket ID No. OW-2002-0036. 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 B-102, 
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

[[Page 57691]]

number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Water Docket is (202) 566-2426.
    B. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listing 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 view public 
comments, 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.

II. EPA's Determination Regarding Ferric Ferrocyanide

    EPA has prepared a final administrative determination describing 
the Agency's interpretation of the term ``cyanides'' (found in 40 CFR 
401.15, 40 CFR 302.4, and Table 302.4 at 40 CFR 302.4) as that 
interpretation 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 final 
administrative determination responds 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 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).
    This determination is not a legislative rule; notice and comment is 
not required. However, in reaching this determination, EPA provided an 
opportunity for public comment through a Federal Register notice 
announcing the availability of the Agency's preliminary determination 
(January 25, 2001, 66 FR 7759). EPA originally requested public 
comments on the preliminary determination by March 12, 2001 and then 
extended the comment period twice at the request of the litigants in 
the Blackstone case. After the close of the comment period for the 
preliminary determination, EPA found additional (and potentially 
relevant) historical documents and scientific articles, and reopened 
the comment period for comment on these new materials on November 4, 
2002 (November 4, 2002, 67 FR 67183; corrected November 12, 2002, 67 FR 
68725). The comment period for the additional materials ended January 
3, 2003. In April 2003, EPA conducted a peer review of the preliminary 
determination in accordance with EPA's Peer Review policies, which are 
described in EPA's Science Policy Council Handbook--Peer Review, 2nd 
Edition (EPA 100-B-00-001, December 2001; the ``Peer-review 
Handbook'').
    EPA considered all comments and materials received, including those 
submitted by the peer reviewers, the litigants in the Blackstone case, 
Massachusetts, and other stakeholders. EPA has placed all comments, 
responses to comments, and all information used by the Agency in 
support of this administrative determination in the public docket. EPA 
also prepared, and included in the public docket, a final 
administrative determination document (EPA-821-R-03-014) that 
summarizes the Agency's analysis and rationale. EPA has determined that 
ferric ferrocyanide is one of the ``cyanides'' within the meaning of 40 
CFR 401.15, 40 CFR 302.4, and Table 302.4.

    Dated: September 24, 2003.
G. Tracy Mehan III,
Assistant Administrator for Water.
[FR Doc. 03-25272 Filed 10-3-03; 8:45 am]
BILLING CODE 6560-50-P