[Federal Register Volume 73, Number 161 (Tuesday, August 19, 2008)]
[Proposed Rules]
[Pages 48351-48352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19199]



[[Page 48351]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[EPA-HQ-OW-2008-0495; FRL-8706-8]


Withdrawal of the Federal Water Quality Standards Use 
Designations for Soda Creek and Portions of Canyon Creek, South Fork 
Coeur d'Alene River, and Blackfoot River in Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to take direct final action to withdraw the 
Federal water quality standards designating cold water biota uses for 
Soda Creek and portions of Canyon Creek, South Fork Coeur d'Alene 
River, and Blackfoot River in Idaho. In July 1997, EPA promulgated a 
Federal rule designating uses for water bodies in the State of Idaho, 
including the designation of cold water biota for Soda Creek, and 
portions of Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot 
River, with the exception of any portion in Indian country. These 
Federal water quality standards designating cold water biota uses are 
no longer necessary since EPA approved Idaho's adopted uses that result 
in protection for cold water biota. EPA is also withdrawing the water 
quality standards variance provision applicable to these uses (40 CFR 
131.33(d)), because this provision is no longer necessary with the 
withdrawal of the Federal water quality standards designating these 
uses.

DATES: Written comments must be received by September 18, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2008-0495, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected]
     Mail to either: Water Docket, U.S. Environmental 
Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460 or Lisa Macchio, U.S. EPA, Region 10, Mailcode: 
OWW-131, 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101, 
Attention: Docket ID No. EPA-HQ-OW-2008-0495.
     Hand Delivery: EPA Docket Center, EPA West Room 3334, 1301 
Constitution Avenue, NW., Washington, DC 20004 or Lisa Macchio, U.S. 
EPA, Region 10, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101, 
Attention Docket ID No. EPA-HQ-OW-2008-0495. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2008-
0495. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at two docket facilities. The OW 
Docket Center is open from 8:30 until 4:30 p.m., Monday through Friday, 
excluding legal holidays. The OW Docket Center telephone number is 
(202) 566-2426, and the Docket address is OW Docket, EPA West, Room 
3334, 1301 Constitution Avenue, NW., Washington, DC 20004. The 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. Publicly available docket materials are 
also available in hard copy at U.S. EPA, Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle, WA 98101. Docket materials can be accessed from 9 
a.m. until 3 p.m., Monday through Friday, excluding legal holidays. The 
telephone number is (206) 553-1834.

FOR FURTHER INFORMATION CONTACT: Wendy Drake, U.S. EPA Headquarters, 
Office of Water, Mailcode: 4305T, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460; telephone number: 202-564-2926; fax number: 202-
566-0409; e-mail address: [email protected] or Lisa Macchio, U.S. 
EPA, Region 10, Mailcode: OWW-131, 1200 Sixth Avenue, Suite 900, 
Seattle, Washington 98101; telephone number: 206-553-1834; fax number: 
206-553-0165; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: This action concerns EPA's withdrawal of the 
Federal water quality standards designating cold water biota uses for 
Soda Creek and portions of Canyon Creek, South Fork Coeur d'Alene 
River, and Blackfoot River in Idaho. In the ``Rules and Regulations'' 
section of this Federal Register, we are withdrawing the Federal water 
quality standards designating cold water biota uses for Soda Creek and 
portions of Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot 
River in Idaho and the water quality standards variance provision 
related to these uses as a direct final rule without a prior proposed 
rule. If we receive no adverse comment, we will not take further action 
on this proposed rule.
    In July 1997, EPA promulgated a Federal rule designating uses for 
water bodies in the State of Idaho, including the designation of cold 
water biota for Soda Creek, and portions of Canyon Creek, South Fork 
Coeur d'Alene River, and Blackfoot River, with the exception of any 
portion in Indian country (62 FR 41183, July 31, 1997). In March 2000, 
Idaho adopted a revised use for a segment of Blackfoot River, which 
changed from ``Protected for Future Use'' to undesignated. In Idaho, 
undesignated waters are protected for all recreational use in and on 
the water and for the propagation of fish, shellfish, and wildlife 
(IDAPA 58.01.02.101.01). In March 2002, Idaho adopted a use designation 
of cold water biota for segments of Canyon Creek and South Fork Coeur 
d'Alene River. In March 2006, Idaho adopted a revised

[[Page 48352]]

use for Soda Creek, which changed from ``NONE'' to undesignated. As 
described in the undesignated surface waters provision of Idaho's Water 
Quality Standards (IDAPA 58.01.02.101.01a), the Idaho Department of 
Environmental Quality (IDEQ) applies cold water aquatic life criteria 
to undesignated waters because it is presumed that most waters in the 
State will support cold water aquatic life. Thus, cold water aquatic 
life criteria now apply to Soda Creek and the segment of the Blackfoot 
River. EPA approved Idaho's revised water quality standards for 
segments of Canyon Creek and South Fork Coeur d'Alene River on June 24, 
2005, and for Soda Creek on August 15, 2006. EPA approved Idaho's 
revised water quality standards for the segment of the Blackfoot River, 
except for any portion in Indian country, on August 22, 2006. Thus, the 
Federal water quality standards designating Soda Creek and portions of 
Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot River for 
cold water biota use (40 CFR 131.33(b)) is no longer necessary, and EPA 
is withdrawing it with this action. EPA is also withdrawing the water 
quality standards variance provision applicable to these uses (40 CFR 
131.33(d)), because this provision is no longer necessary with the 
withdrawal of the Federal water quality standards designating these 
uses.
    For further information, including the regulatory text and various 
statutes and executive orders that require findings for rulemakings, 
please see the information provided in the direct final rule titled, 
``Withdrawal of the Federal Water Quality Standards Use Designations 
for Soda Creek and Portions of Canyon Creek, South Fork Coeur d'Alene 
River, and Blackfoot River in Idaho'' located in the ``Rules and 
Regulations'' section of this Federal Register publication.

I. Why EPA Is Issuing This Proposed Rule

    This document proposes to withdraw the Federal water quality 
standards designating cold water biota uses for Soda Creek and portions 
of Canyon Creek, Blackfoot River, and South Fork Coeur d'Alene River in 
Idaho. We have published a direct final rule withdrawing the Federal 
water quality standards designating the cold water biota uses in the 
``Rules and Regulations'' section of this Federal Register because we 
view this as a noncontroversial action and anticipate no adverse 
comment. We have explained our reasons for this action in the preamble 
to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. What Entities May Be Affected by This Action?

    Citizens concerned with water quality in Idaho may be interested in 
this rulemaking. Entities discharging pollutants to Soda Creek, Canyon 
Creek, South Fork Coeur d'Alene, and Blackfoot River in Idaho could be 
indirectly affected by this rulemaking because water quality standards 
are used in determining National Pollutant Discharge Elimination System 
(NPDES) permit limits. Because this action withdraws the Federal water 
quality standards designating cold water biota uses that are no longer 
necessary since EPA approved Idaho's adopted uses that result in 
protection for cold water biota, the effect of this rulemaking may only 
occur when entities seek variances to water quality standards. Entities 
seeking variances from use designations on these waters will now apply 
to the state, and EPA will act on the state's decision to grant the 
variance.
    Categories and entities that may ultimately be affected include:

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                                               Examples of potentially
                 Category                         affected entities
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Industry..................................  Industries discharging
                                             pollutants to Soda Creek,
                                             Canyon Creek, South Fork
                                             Coeur d'Alene River, and
                                             Blackfoot River in Idaho.
Municipalities............................  Publicly owned treatment
                                             works discharging
                                             pollutants to Soda Creek,
                                             Canyon Creek, South Fork
                                             Coeur d'Alene River, and
                                             Blackfoot River in Idaho.
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding NPDES regulated entities likely to be 
affected by this action. This table lists the types of entities that 
EPA is now aware could potentially be affected by this action.

List of Subjects in 40 CFR Part 131

    Environmental protection, Intergovernmental relations, Reporting 
and recordkeeping requirements, Water pollution control, Water quality 
standards.

    Dated: August 13, 2008.
Stephen L. Johnson,
Administrator.
 [FR Doc. E8-19199 Filed 8-18-08; 8:45 am]
BILLING CODE 6560-50-P