[Federal Register Volume 73, Number 243 (Wednesday, December 17, 2008)]
[Notices]
[Pages 76644-76645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29997]



[[Page 76644]]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-OW-8752-3]


National Recommended Draft Water Quality Criteria for Acrolein

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of draft criteria and request for 
scientific views.

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

SUMMARY: Pursuant to section 304(a) of the Clean Water Act (CWA), the 
Environmental Protection Agency (EPA) is announcing the availability of 
draft national recommended water quality criteria for the protection of 
aquatic life for acrolein. The draft criteria are based on EPA's 
Guidelines for Deriving Numerical National Water Quality Criteria for 
the Protection of Aquatic Organisms and Their Uses (1985), (EPA/R-85-
100). EPA's recommended section 304(a) water quality criteria provide 
guidance to States and authorized Tribes in adopting water quality 
standards for protecting aquatic life and human health and provide 
guidance to EPA for promulgating Federal regulations under CWA section 
303(c), when such action is necessary.

DATES: Scientific views must be received on or before March 17, 2009. 
Comments postmarked after this date may not be considered.

ADDRESSES: Submit your scientific views, identified by Docket ID No. 
EPA-HQ-OW-2008-0795, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Mail: U.S. Environmental Protection Agency; EPA Docket 
Center (EPA/DC) Water Docket, MC 2822T; 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460.
     Hand Delivery: EPA Docket Center, 1301 Constitution Ave, 
NW., EPA West, Room 3334, Washington, DC. 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-
0795. 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 the Office of Water Docket/
EPA/DC, 1301 Constitution Ave, NW., EPA West, Room 3334, Washington, 
DC. This Docket Facility is open from 8:30 am until 4:30 pm, EST, 
Monday through Friday, excluding legal holidays. The telephone number 
for the Public Reading Room is (202) 566-1744, and the telephone number 
for the Office of Water is (202) 566-2426.

FOR FURTHER INFORMATION CONTACT: Dr. Frank Gostomski, Health and 
Ecological Criteria Division (4304T), U.S. EPA, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460; (202) 566-1105; [email protected].

SUPPLEMENTARY INFORMATION:

I. What Are Water Quality Criteria?

    Water quality criteria are scientifically derived numeric values 
that protect aquatic life or human health from the deleterious effects 
of pollutants in ambient water.
    Section 304(a)(1) of the Clean Water Act requires EPA to develop 
and publish and, from time to time, revise, criteria for water quality 
accurately reflecting the latest scientific knowledge. Water quality 
criteria developed under section 304(a) are based solely on data and 
scientific judgments on the relationship between pollutant 
concentrations and environmental and human health effects. Section 
304(a) criteria do not reflect consideration of economic impacts or the 
technological feasibility of meeting the chemical concentrations in 
ambient water.
    Section 304(a) criteria provide guidance to States and authorized 
Tribes in adopting water quality standards that ultimately provide a 
basis for controlling discharges or releases of pollutants. The 
criteria also provide guidance to EPA when promulgating federal 
regulations under section 303(c) when such action is necessary. Under 
the CWA and its implementing regulations, States and authorized Tribes 
are to adopt water quality criteria to protect designated uses (e.g., 
public water supply, recreational use, industrial use). EPA's 
recommended water quality criteria do not substitute for the CWA or 
regulations, nor are they regulations themselves. Thus, EPA's 
recommended criteria do not impose legally binding requirements. States 
and authorized Tribes have the discretion to adopt, where appropriate, 
other scientifically defensible water quality standards that differ 
from these recommendations.

II. What Are the Acrolein Criteria?

    EPA is today publishing draft national recommended water quality 
criteria (NRWQC) for protecting aquatic life for acrolein. These draft 
criteria are based on EPA's Guidelines for Deriving Numerical National 
Water Quality Criteria for the Protection of Aquatic Organisms and 
Their Uses (1985), (EPA/R-85-100). These Guidelines describe the 
Agency's current approach for deriving national recommended water 
quality criteria to protect aquatic life. Toxicity data and other 
information on the effects of acrolein were obtained from reliable 
sources and subjected to both internal and external peer review.
    Freshwater: Freshwater aquatic organisms and their uses should not 
be affected unacceptably if the acute (one-hour average) concentration 
of acrolein does not exceed 3.0 ug/l more than once every three years 
on the average, and if the chronic (four-day average) concentration of 
acrolein does not exceed 3.0 ug/l more than once every three years on 
the average.

[[Page 76645]]

    Saltwater: Saltwater criteria cannot be derived for acrolein at 
this time because of a lack of acute and chronic toxicity data.

III. What Is the Relationship Between the Water Quality Criteria and 
State or Tribal Water Quality Standards?

    As part of the water quality standards triennial review process 
defined in Section 303(c)(1) of the CWA, the States and authorized 
Tribes are responsible for maintaining and revising water quality 
standards. Water quality standards consist of designated uses, water 
quality criteria to protect those uses, a policy for antidegradation, 
and general policies for application and implementation. Section 
303(c)(1) requires States and authorized Tribes to review and modify, 
if appropriate, their water quality standards at least once every three 
years.
    States and authorized Tribes must adopt water quality criteria that 
protect designated uses. Protective criteria are based on a sound 
scientific rationale and contain sufficient parameters or constituents 
to protect the designated uses.
    Consistent with 40 CFR131.21 [see: EPA Review and Approval of State 
and Tribal Water Quality Standards (65 FR 24641, April 27, 2000)], 
water quality criteria adopted by law or regulation by States and 
authorized Tribes prior to May 30, 2000, are in effect for CWA purposes 
unless superseded by federal regulations (see, for example, the 
National Toxics Rule, 40 CFR 131.36; Water Quality Standards for Idaho, 
40 CFR 131.33). New or revised water quality criteria adopted into law 
or regulation by States and authorized Tribes on or after May 30, 2000 
are in effect for CWA purposes only after EPA approval.

IV. Where Can I Find More Information About Water Quality Criteria and 
Water Quality Standards?

    For more information about water quality criteria and Water Quality 
Standards refer to the following: Water Quality Standards Handbook (EPA 
823-B94-005a); Advanced Notice of Proposed Rule Making (ANPRM), (63 FR 
36742); Water Quality Criteria and Standards Plan--Priorities for the 
Future (EPA 822-R-98-003); Guidelines and Methodologies Used in the 
Preparation of Health Effects Assessment Chapters of the Consent Decree 
Water Criteria Documents (45 FR 79347); Methodology for Deriving 
Ambient Water Quality Criteria for the Protection of Human Health 
(2000), EPA-822-B-00-004); Guidelines for Deriving Numerical National 
Water Quality Criteria for the Protection of Aquatic Organisms and 
Their Uses (EPA 822/R-85-100); National Strategy for the Development of 
Regional Nutrient Criteria (EPA 822-R-98-002); and EPA Review and 
Approval of State and Tribal Water Quality Standards (65 FR 24641).
    You can find these publications through EPA's National Service 
Center for Environmental Publications (NSCEP, previously NCEPI) or on 
the Office of Science and Technology's Home-page (http://www.epa.gov/waterscience).

    Dated: December 4, 2008.
Ephraim S. King,
Director, Office of Science and Technology.
[FR Doc. E8-29997 Filed 12-16-08; 8:45 am]
BILLING CODE 6560-50-P