[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Notices]
[Pages 18073-18076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7780]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7643-7]


Approval of West Virginia Water Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is announcing the approval, under section 303 of the Clean 
Water Act, of West Virginia's decision not to adopt a water quality 
criterion for 3-methyl-4-chlorophenol. The Clean Water Act requires 
each state to adopt water quality standards to protect public health 
and welfare, enhance the quality of water and otherwise serve the 
purposes of the CWA. 33 U.S.C. 1313(a)-(c). New or revised water 
quality standards adopted by a state must be submitted to EPA for 
review and approval. 33 U.S.C. 1313(c)(2)(A).

FOR FURTHER INFORMATION CONTACT: For questions about this approval, 
please contact Cheryl Atkinson at (215) 814-3392 or mail your questions 
to: Cheryl Atkinson, U.S. EPA Reg. III (3WP11), 1650 Arch St., 
Philadelphia, PA 19103.

SUPPLEMENTARY INFORMATION: In July 1998, West Virginia removed from its 
Requirements Governing Water Quality

[[Page 18074]]

Standards, the criteria for phenolic materials, which applied to, among 
others, the pollutant 3-methyl-4-chlorophenol. In June 22, 1999, EPA 
disapproved the removal of the phenolic material criteria. Recently 
West Virginia adopted several phenolic material criteria; however, West 
Virginia did not adopt a criterion for 3-methyl-4-chlorophenol. On 
April 17, 2003, EPA approved the newly adopted phenolic material 
criteria despite the lack of a 3-methyl-4-chlorophenol criterion 
because EPA's national recommended criterion for 3-methyl-4-
chlorophenol is based on organoleptic effects (taste and odors) that 
have no demonstrated relationship to adverse human health effects.
    On January 14, 2004, the Eastern District of Pennsylvania district 
court issued a mostly favorable opinion in a litigation challenging the 
2003 EPA approval of several West Virginia WQSs. See West Virginia 
Rivers Coalition v. Environmental Protection Agency, No. 03-1022 (E.D. 
PA. Jan. 14, 2004). However, the court found EPA's approval of the 
State's decision not to adopt a criterion for 3-methyl-4-chlorophenol, 
arbitrary and capricious. The court remanded to EPA for review the 
omission of the 3-methyl-4-chlorophenol criterion. The court also 
ordered EPA to document its review in the Federal Register.
    In accordance with the court's order, this notice announces EPA's 
decision on March 15, 2004, to approve West Virginia's decision not to 
adopt a criterion for 3-methyl-4-chlorophenol Appendix A to this notice 
discusses the rationale supporting the decision to approve.

    Dated: March 30, 2004.
Jon M. Capacasa,
Director of the Water Protection Division, Region III.

Appendix A--Environmental Protection Agency Approval Rationale for 3-
methyl-4-chlorophenol, West Virginia Requirements Governing Water 
Quality Standards, March 15, 2004.

    Document Summary: The following discussion provides a 
description and uses of 3-methyl-4-chlorophenol; analysis of the 
effects, exposure, and risks associated with 3-methyl-4-
chlorophenol; information on its likely prevalence in West Virginia; 
and a conclusion of whether 3-methyl-4-chlorophenol could be 
``reasonably expected'' to interfere with designated uses related to 
taste and odor and human heath in West Virginia. Based on this 
information and analysis, EPA concludes that 3-methyl-4-chlorophenol 
cannot reasonably be expected to interfere with those designated 
uses in West Virginia. Therefore, a numeric criteria value for 3-
methyl-4-chlorophenol is not required in West Virginia's WQS.

I. Description and Uses of 3-Methyl-4-Chlorophenol

    3-methyl-4-chlorophenol (CAS number: 59-50-7) is a priority 
toxic pollutant under section 307(a) of the CWA. As noted in EPA's 
Substance Registry Service CAS file for this chemical (available at: 
http://www.epa.gov/srs/), there are a number of synonyms for this 
chemical, including: parachlorometacresol (or p-chloro-m-cresol), 3-
methyl-4-chlorophenol, or 4-chloro-3-methylphenol.
    3-methyl-4-chlorophenol was first registered as a pesticide in 
1968 for use as an industrial preservative in the U.S.\1\ As of 
1997, it has been registered for three products, including two 
manufacturing-use products and one end-use product, all of which are 
industrial uses only. Specifically, the chemical is used as a 
microbicide to control slime-forming bacteria and fungi that might 
develop in industrial products; these products are currently used in 
the manufacturing of industrial adhesives, industrial coatings, 
emulsions, leather processing liquors, metal cutting fluids, paints 
(in can), specialty industrial products, oil drilling muds/packer 
fluids, and wet-end adhesives/industrial processing chemicals. The 
chemical is also used in paper coatings and adhesives for food 
products, and as a preservative in pharmaceutical products and 
cutting oils (Ref. 4). The detection limit for 3-methyl-4-
chlorophenol is 3.0 ug/L (ppb) using EPA Method 625 (40 CFR part 
136, Table 5).
---------------------------------------------------------------------------

    \1\ EPA's Office of Pesticide Programs (OPP)'s Reregistration 
Eligibility Decisions (REDs) documents contain the results of EPA's 
regulatory reviews of pesticides initially registered under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The 
REDs database is found at: http://www.epa.gov/pesticides/reregistration/. The REDs fact sheet for this chemical is available 
at: http://www.epa.gov/REDs/factsheets/3046fact.pdf (EPA-738-F-96-
008, January 1997) and in the REDs full document for this chemical 
(EPA-738-R-96-008, January 1997) found at: http://www.epa.gov/REDs/3046red.pdf.
---------------------------------------------------------------------------

II. Human Health Effects, Exposure, and Risks Associated with 3-Methyl-
4-Chlorophenol

    EPA conducted a review of available information related to human 
health effects associated with exposure to 3-methyl-4-chlorophenol. 
This review includes searches of a number of databases providing 
information on human health effects associated with exposure to 
chemicals, and reviews of drinking water regulations. EPA also 
estimated human health risk screening values for evaluating human 
exposure to 3-methyl-4-chlorophenol in water and fish, applying 
peer-reviewed EPA guidance to derive this estimate.
    (A) Taste and odor problems to humans in water and caught fish: 
EPA has published a national recommended water quality criteria 
value for 3-methyl-4-chlorophenol of 3,000 ug/L for organoleptic 
effects to address undesirable taste and odor in water potentially 
consumed by humans. EPA reported in the ``Gold Book'' (Quality 
Criteria for Water: 1986) that at a concentration of 3,000 ug/l in 
water, 3-methyl-4-chlorophenol causes a discernable odor. Where 
concentrations of 3-methyl-4 chlorophenol are below 3,000 ug/l, 
public water supplies are not affected by an undesirable odor or 
taste. EPA's recommended water quality criteria value of 3,000 ug/L 
for organoleptic effects in ambient water is also a reasonable 
screening value for taste and odor effects in caught fish because 3-
methyl-4-chlorophenol is not highly bioaccumulative and would 
therefore not be expected to be present in fish tissues at 
concentrations that are much greater than those in water (EPA 2000; 
2003).
    (B) Human health effects: 3-methyl-4-chlorophenol is toxic when 
there is human exposure to skin and eyes at concentrations ranging 
between 200-50,000 mg/L. It can cause redness and pain when exposed 
to eyes and skin, and it can cause other health symptoms when 
ingested or inhaled. However, this chemical rapidly dissipates when 
exposed to air, and biodegrades readily in water under aerobic 
conditions. Studies on carcinogenicity and mutagenicity effects have 
been negative (Ref. 3).
    For this evaluation, EPA estimated health risk screening values 
for evaluating protection against non-cancer effects associated with 
long-term human exposure to 3-methyl-4-chlorophenol in water and 
fish. The health risk screening values are: 5,200 ug/l (``water + 
organism'') and 27,000 ug/L (``organism only''). The ``water and 
organism'' value is to protect human health based on exposure to the 
pollutant via consumption of water and fish, while the ``organism 
only'' value is to be protective based on exposure via the 
consumption of fish.
    The health risk screening values were calculated as described in 
EPA's Methodology for Deriving Ambient Water Quality Criteria for 
the Protection of Human Health (2000) (Ref 11 & 12). To account for 
the human exposure to the pollutant through the consumption of fish 
and other aquatic food, we calculated trophic level-specific 
bioaccumulation factors for trophic levels 2,3, and 4 aquatic 
organisms.\2\ The bioaccumulation factors (BAFs) were estimated from 
the octanol-water partition coefficient (Kow), based on 
procedures and methods provided in EPA guidance (EPA 2000; 2003). 
Using the log Kow reported for 3-methyl-4-chlorophenol in 
the 1997 EPA RED (where log Kow=3.02), we first 
determined the baseline BAF to be 1047 L/kg-tissue (baseline BAF  
Kow = antilog of 3.02 = 1047). We did not use food chain 
multipliers in calculating BAFs, because for chemicals with a log 
Kow < 4.0, the chemical is classified as having low 
hydrophobicity and food chain accumulation is not considered to be 
an important factor in the calculation of BAFs (EPA 2000; 2003). Due 
to the lack of data on the metabolization rate of this chemical in 
fish, we used the conservative assumption that the chemical is 
metabolized slowly, although generally phenolic compounds do readily 
metabolize in fish tissue. In accordance with EPA guidance, trophic 
level-specific baseline

[[Page 18075]]

BAFs are adjusted to conditions that are expected to affect the 
bioavailability of 3-methyl-4-chlorophenol (i.e., National BAFs 
derived). We adjusted the National BAFs to reflect percent lipid of 
the aquatic organisms consumed by humans (trophic level-specific) 
and the freely dissolved fraction of chemical in ambient waters. 
Using national default values for lipid content of consumed aquatic 
organisms and for particulate and dissolved organic carbon (to 
estimate the freely dissolved fraction of the chemical in water), 
the following national BAF values were calculated for 3-methyl-4-
chlorophenol: trophic level 2 = 20.9L/kg-tissue; trophic level 3 = 
28.2 L/kg-tissue; trophic level 4 = 32.4 L/kg-tissue. These national 
trophic level-specific BAFs are used in conjunction with national 
default trophic level fish ingestion rates (TL2 = 0.0038 kg/d, TL3 = 
0.0080 kg/d, TL4 = 0.0057 kg/d) to calculate the ingestion of 
chemical that is due to consumption of fish (EPA 2000; 2003). In the 
case of this evaluation for 3-methyl-4-chlorophenol, the result was 
0.4905 L/d.
---------------------------------------------------------------------------

    \2\ Trophic levels in the aquatic food chain go from algae to 
zooplankton and benthic filter feeders to forage fish to predatory 
fish.
---------------------------------------------------------------------------

    For the next step in estimating the risk screening value, we 
used the non-cancer effect equation from the human health 
methodology. The reference dose (RfD) of 0.9 mg/kg/d was derived 
from the lowest observed effects level (LOEL = 28 mg/kg/d) data from 
a rat study presented in the EPA RED document and the EPA 
recommended uncertainty factors.\3\ We used the default ``floor'' 
relative source contribution (RSC) of 20% in this evaluation (EPA, 
2000), because of lack of information available on potential 
exposures to 3-methyl-4-chlorophenol and hence for performing a 
quantitative RSC analysis. Using these input parameters, the health 
screening values for ``water and organism'' (5,200 ug/L) and 
``organism only'' (27,000 ug/L) were estimated for comparison to the 
significantly lower organoleptic criteria (3,000 ug/L) and the 
effluent discharge monitoring data.
---------------------------------------------------------------------------

    \3\ In applying the uncertainty factors, the LOEL is divided by 
a factor of 3 to account for the lack of NOEL--no observed effects 
level-in the chronic rat study and further is divided the result by 
10 to account for the limited number of species tested)(EPA RED 
1997; EPA 2000).
---------------------------------------------------------------------------

III. Prevalence of 3-Methyl-4-Chlorophenol in West Virginia Surface 
Waters

    EPA searched for information or data relevant to the discharge 
or presence of 3-methyl-4-chlorophenol throughout the State of West 
Virginia. The results of this search indicate that 3-methyl-4-
chlorophenol (p-chloro-m-cresol) is not likely to be present at 
levels above the analytical detection limit in any effluent or 
ambient surface water in West Virginia.
    Under the technology-based effluent guidelines limitations, 3-
methyl-4-chloro-henol (p-chloro-m-cresol) is regulated only as a 
member of a group of organic chemicals (``priority pollutants'') in 
40 CFR parts 423 (Steam Electric Power Generating Point Source 
Category), 433 (Metal Finishing Point Source Category), 464 (Metal 
Molding and Casting Point Source Category), and 467 (Aluminum 
Forming Point Source Category). This organic chemical is not 
regulated as an individual parameter in EPA's effluent guidelines 
because data available at the time the effluent guidelines were 
developed indicated that this organic chemical was not detected at 
an elevated concentration in treated effluent being discharged by 
such facilities.
    EPA conducted a review of permit information for dischargers 
associated with the numerous Standard Industrial Category (SIC) 
codes associated with the above effluent guidelines regulations, and 
for permit information on all parameter codes associated with 3-
methyl-4-chlorophenol in EPA's Permit Compliance System (PCS) data 
base. The permit review described above indicated that all major 
permitted facilities required to analyze for the presence of 3-
methyl-4-chlorophenol reported no detections above the detection 
limit for this chemical (or other synonym names associated with this 
chemical).
    In addition, EPA searched several monitoring data bases and 
contacted authorities who conduct either surface water ambient 
monitoring or drinking water monitoring and found that these 
authorities do not monitor for this chemical (or other synonym names 
associated with this chemical). There are no fish advisories 
currently in effect for 3-methyl-4-chlorophenol in West Virginia.
    Another private database (Ref. 7) online provided the following 
data regarding the presence of this chemical in the environment 
(although not specifically in West Virginia). Chlorinated municipal 
sewage effluents in the United Kingdom have been observed to contain 
3-methyl-4-chlorophenol concentrations of approximately 2 ppb (ug/
L).
    In the final effluent and soil leachate from a treatment works 
in the United Kingdom, 3-methyl-4-chlorophenol concentrations of 73 
ng/L (0.073 ug/L) and 154 ng/L (0.154 ug/L), respectively, were 
reported. In summary, detections were reported in some effluent 
discharges in England at levels at or below 2 ug/l. The data base 
notes that environmental release of 3-methyl-4-chlorophenol may 
occur through inadvertent formation in waters (potable water, 
wastewater, cooling water) which have undergone chlorination 
treatment and by evaporation or waste releases from product 
formulation or end-products containing 3-methyl-4-chlorophenol. 
However, also according to the database, if the chemical is released 
to water, photolysis and biodegradation appear to be capable of 
degrading this chemical. Various screening tests have demonstrated 
that this chemical is readily biodegradable under aerobic 
conditions. If released to the atmosphere, 3-methyl-4-chlorophenol 
will degrade rapidly (half-life of 1.1 days).

IV. Is 3-Methyl-4-Chlorophenol ``Reasonably Expected'' To Interfere 
With Human Health Designated Uses in West Virginia?

    As described further below, based on this information and 
analysis, EPA concludes that 4-chloro-3-methylphenol cannot 
reasonably be expected to interfere with designated uses related to 
taste and odor and human heath in West Virginia. Therefore, a 
numeric criteria value for 3-methyl-4-chlorophenol is not required 
in West Virginia's WQS.
    Section 303(c)(2)(B) of the CWA requires adoption of numeric 
criteria for priority toxic pollutants where the discharge or 
presence of priority toxics may interfere with designated uses. 
Where the discharge or presence of priority toxics cannot 
``reasonably be expected'' to interfere with designated uses, a 
numeric criterion is not required.
    EPA's WQS regulation, at 40 CFR 131.11(a)(2), provides 
requirements for adoption of priority toxic pollutants in WQS, and 
notes that: ``States must review water quality data and information 
on discharges to identify specific water bodies where toxic 
pollutants may be adversely affecting water quality or the 
attainment of the designated water use or where the levels of toxic 
pollutants are at a level to warrant concern and must adopt criteria 
for [toxic pollutants including 3-methyl-4-chlorophenol] applicable 
to the water body sufficient to protect the designated use.''
    As discussed in section II above (II. Effects, Exposure, and 
Risks Associated with 3-methyl-4-chlorophenol), an appropriate 
action level to control undesirable taste and odor problems 
associated with human exposure to 3-methyl-4-chlorophenol is 3,000 
[mu]g/L. Appropriate screening levels to protect against non-cancer 
effects associated with human exposure to 3-methyl-4-chlorophenol in 
water and fish are: 5,200 [mu]g/l (``water + organism'' exposure) 
and 27,000 [mu]g/L (``organism only'' exposure). Carcinogenicity and 
mutagenicity studies were negative for effects.
    EPA reviewed, assembled and documented available information or 
data relevant to the discharge or presence of 3-methyl-4-
chlorophenol throughout the State. As discussed in section III above 
(Prevalence of 3-methyl-4-chlorophenol in West Virginia surface 
waters), 3-methyl-4-chlorophenol (p-chloro-m-cresol) is not 
indicated to be present at detectible levels in effluent or ambient 
surface water monitoring data throughout the State.
    Since 4-chloro-3-methylphenol is not indicated to be present in 
effluent or ambient surface water monitoring data throughout West 
Virginia, the chemical has not been shown to be present in surface 
waters at levels above action levels that would be protective of 
human health (i.e., 3,000 [mu]/L, to protect from undesirable taste 
and odor problems; 5,250 [mu]/L, to protect against non-cancer 
effects associated with ``water + organism'' exposure; and 26,600 
[mu]/L, to protect against non-cancer effects associated with 
``organism only'' exposure).
    The lack of detection in effluent and surface waters is 
consistent with our knowledge of the uses of this compound. If 
releases to surface waters occur from industrial practices, the 
concentration of this chemical would be further diluted and degraded 
by photolysis and biodegradation.
    EPA therefore concludes that, based on this information and 
analysis, 3-methyl-4-chlorophenol cannot reasonably be expected to 
interfere with designated uses related to taste and odor and human 
heath in West Virginia. Therefore, a numeric criteria value for 3-
methyl-4-chlorophenol is not required in West Virginia's WQS. The 
narrative criteria in the West Virginia regulations

[[Page 18076]]

concerning toxics, and pollutants affecting taste and odor, in 
sewage and effluent still apply.\4\ This decision is consistent with 
other Agency's decisions involving organoleptic pollutants. In 
December 1992, EPA promulgated numeric criteria for priority toxic 
pollutants for fourteen states at 40 CFR part 131 (57 FR 60848). The 
CWA requires that states adopt water quality standards for toxic 
pollutants. EPA excluded from this rulemaking criteria that are 
based on taste and odor effects, not on toxic effects. EPA noted 
that the purpose of the rulemaking was to protect public health and 
aquatic life from toxicity, and organoleptic pollutants are not 
toxic (57 FR 60864). Similarly, in May 2000, EPA promulgated numeric 
criteria for priority toxic pollutants for California, also at 40 
CFR part 131. This rulemaking also excluded criteria for 
organoleptic pollutants because they are not based on toxicity to 
humans or aquatic life (65 FR 31698).
---------------------------------------------------------------------------

    \4\ West Virginia Requirements Governing Water Quality Standards 
sections 46-1-3.2.d-3.2.e.
---------------------------------------------------------------------------

References

    1. EPA's Substance Registry Service CAS file (http://oaspub.epa.gov/srs/srs_proc_qry.navigate?P_SUB_ID=3103).
    2. Office of Pollution, Pesticides and Toxics (OPPT)'s 
Reregistration Eligibility Decisions (REDs) database (http://www.epa.gov/pesticides/reregistration/).
    3. The REDs fact sheet for this chemical (http://www.epa.gov/REDs/factsheets/3046fact.pdf) (EPA-738-F-96-008, January 1997) and 
the REDs full document for this chemical (EPA-738-R-96-008, January 
1997) is available at: http://www.epa.gov/REDs/3046red.pdf.
    4. National Institute for Occupational Safety and Health (NIOSH) 
``RTECs'' (http://www.cdc.gov/niosh/rtecs/go6c5660.html#Y) and 
NIOSH's Chemical Data Safety Card for this chemical (http://www.cdc.gov/niosh/ipcsneng/neng0131.html).
    5. EPA Method 625 (40 CFR part 136, Table 5).
    6. EPA's Permit Compliance System (PCS) data base, found at: 
http://www.epa.gov/compliance/planning/data/water/pcssys.html, using 
searches on the following Web site: http://www.epa.gov/enviro/html/pcs/pcs_query_java.html.
    7. Spectrum Laboratories maintains a database at: (http://www.speclab.com/compound/c59507.htm).
    8. West Virginia Fish advisory Web site (http://www.wvdhhr.org/fish/current.asp) searched on February 19, 2004.
    9. EPA ``Gold Book'' (Quality Criteria for Water: 1986, EPA 440/
5-86-001).
    10. EPA's Ambient Water Quality Criteria for Chlorinated Phenols 
(EPA, 1980, EPA 405-80-032).
    11. Methodology for Deriving Ambient Water Quality Criteria for 
the Protection of Human Health (2000), EPA-822-B-00-004, October 
2000.
    12. Methodology for Deriving Ambient Water Quality Criteria for 
the Protection of Human Health (2000)-Technical Support Document 
Vol. 2 Development of National Bioaccumulation Factors, EPA-822-R-
03-030, December 2003.

[FR Doc. 04-7780 Filed 4-5-04; 8:45 am]
BILLING CODE 6560-50-P