[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Proposed Rules]
[Pages 67455-67456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27209]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[EPA-HQ-OW-2007-93; FRL-8740-3]


Removing the Federal Antidegradation Policy Applicable to Waters 
of the United States Within the Commonwealth of Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Re-opening of the public comment period for the proposed rule.

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[[Page 67456]]

SUMMARY: EPA is re-opening the comment period of a proposed rule that 
the Agency published on September 15, 2008. The proposed rule solicited 
public comment on the Agency's proposal to remove from the Code of 
Federal Regulations a rule that EPA promulgated in 1996 making 
provisions of the federal antidegradation policy directly applicable 
for all waters of the United States within the Commonwealth of 
Pennsylvania. EPA is re-opening the comment period for the proposed 
rule to ensure all parties have adequate opportunity to express their 
views to the Agency prior to taking final action on the proposed rule. 
The original comment period for the proposed rule closed on October 15, 
2008. In a separate action published in today's final rule section of 
the Federal Register, EPA is withdrawing a direct final rule that EPA 
also published on September 15, 2008, removing the federal regulation 
that made provisions of EPA's antidegradation policy directly 
applicable to waters in Pennsylvania.

DATES: The comment period for the proposed rule published at 73 FR 
53178, on September 15, 2008 is now re-opened and will close on 
December 15, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OW-2007-0093. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed on the Web site, 
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, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at the OW docket Center. 
This docket Facility is open from 8:30 a.m. until 4:30 p.m., Monday 
through Friday, excluding legal holidays. The Docket telephone number 
is (202) 566-2426, and the Docket address is OW Docket, EPA West, Room 
3334, and 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.

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

SUPPLEMENTARY INFORMATION:

I. Potentially Affected Entities

    Citizens concerned with water quality in Pennsylvania may be 
interested in this rulemaking. Entities discharging pollutants to the 
surface waters of Pennsylvania could be indirectly affected by this 
rulemaking since water quality standards are used in determining 
National Pollutant Discharge Elimination System (NPDES) permit limits.
    Categories and entities which may ultimately be affected include:

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                                             Examples of potentially
                Category                        affected entities
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 Industry..............................   Industries discharging
                                          pollutants to surface waters
                                          in Pennsylvania.
 Municipalities........................   Publicly-owned treatment works
                                          discharging pollutants to
                                          surface waters in
                                          Pennsylvania.
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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.

II. Today's Action

    As EPA explained in its September 15, 2008 notices (73 FR 53140 and 
73 FR 53178), EPA proposed to remove the federal regulation that made 
provisions of the federal antidegradation policy directly applicable in 
Pennsylvania. EPA proposed to remove the federal rule because 
Pennsylvania now has an EPA-approved antidegradation policy meeting the 
federal requirements at 40 CFR 131.12. Therefore, the federal 
antidegradation regulation promulgated by EPA for Pennsylvania is no 
longer needed. On September 15, EPA published a direct final rule to 
remove the federal regulation at 40 CFR 131.32. EPA has determined that 
additional opportunity for public comment would be beneficial. 
Therefore, EPA is re-opening the comment period of the proposed rule 
(73 FR 53178; September 15, 2008) to ensure all parties have adequate 
opportunity to express their views to the Agency prior to EPA taking 
final action regarding removal of the federal regulation at 40 CFR 
131.32. In a separate action today, EPA is withdrawing the direct final 
rule (73 FR 53140; September 15, 2008).

List of Subjects in 40 CFR Part 131

    Environmental protection, Antidegradation, Water quality standards.

    Dated: November 6, 2008.
Stephen L. Johnson,
Administrator.
 [FR Doc. E8-27209 Filed 11-13-08; 8:45 am]
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