[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Proposed Rules]
[Pages 53178-53179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21463]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[EPA-HQ-OW-2007-93; FRL-8716-1]


Withdrawal of Federal Antidegradation Policy for All Waters of 
the United States Within the Commonwealth of Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to withdraw the federal antidegradation 
policy for all waters of the United States within the Commonwealth of 
Pennsylvania. We will withdraw the federal antidegradation policy to 
allow Pennsylvania to implement its own antidegradation policy. 
Pennsylvania has adequately demonstrated that its antidegradation 
policy protects all waters of the United States within the Commonwealth 
at a level consistent with the federal requirements. Therefore, the 
federal antidegradation policy is redundant. In the ``Rules and 
Regulations'' section of this Federal Register, we are withdrawing the 
federal antidegradation policy for waters within the Commonwealth of 
Pennsylvania as a direct final rule without a prior proposed rule. If 
we received no adverse comment, we will not take further action on this 
proposed rule.

DATES: Written comments must be received by October 15, 2008.

ADDRESSES: Submit your comments, identified by Docket Id. No. EPA-HQ-
OW-2007-0093, by mail to: Water Docket, USEPA, Mailcode: 2822T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. Comments may also be 
submitted electronically or through hand delivery/courier by following 
the detailed instructions in the ADDRESSES section of the direct final 
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Caroline Whitehead at EPA 
Headquarters, Office of Water, 1200 Pennsylvania Ave, NW, Mail Code 
4305T, Washington, DC 20460 (telephone: 202-566-2907, fax: 202-566-0409 
or e-mail: [email protected]) or Denise Hakowski at EPA Region 
3, 1650 Arch Street, Mail Code 3WP30, Philadelphia, PA 19103 
(telephone: 215-814-5726, fax: 215-814-2318 or e-mail: 
[email protected]).

SUPPLEMENTARY INFORMATION: For further information, please see the 
information provided in the direct final rule that is located in the 
``Rules and Regulations'' section of this Federal Register publication.

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on withdrawing the federal 
antidegradation policy for the Commonwealth of Pennsylvania because 
Pennsylvania has adequately demonstrated that its antidegradation 
policy protects all waters of the United States at a level consistent 
with the federal requirements. We have published a direct final rule 
withdrawing the federal antidegradation policy for the Commonwealth of 
Pennsylvania 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 
withdrawal in the preamble to the direct final rule.

[[Page 53179]]

    If we receive no adverse comment, we will not take further action 
on this proposal rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We will address all 
public comments in a subsequent final rule based on this proposed rule.
    We will not institute a second comment period on this action. Any 
parties interested in commenting must do so at this time. For the 
various statutes and executive orders that require findings for 
rulemaking, EPA incorporates the findings from the direct final 
rulemaking into this companion notice for the purpose of providing 
public notice and opportunity for comment. For further information, 
please see the information provided in the ADDRESSES section of this 
document.

List of Subjects in 40 CFR Part 131

    Environmental protection, Antidegradation, Water quality standards.

    Dated: September 9, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-21463 Filed 9-12-08; 8:45 am]
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