
[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Rules and Regulations]               
[Page 67396-67397]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no08-17]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[EPA-HQ-OW-2007-93; FRL-8740-4]

 
Withdrawal of Direct Final Rule Removing the Federal 
Antidegradation Policy Applicable to Waters of the United States Within 
the Commonwealth of Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: EPA is withdrawing a direct final rule that the Agency 
published on September 15, 2008. The direct final rule would have 
removed 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 published the direct final rule 
with a parallel proposal to remove the federal antidegradation rule as 
it applies to waters in Pennsylvania. In a separate action today, EPA 
is also re-opening the comment period of 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.

DATES: Effective on November 14, 2008, EPA withdraws the direct final 
rule published at 73 FR 53140, on September 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 
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.

[[Page 67397]]

Publicly available docket materials are available either electronically 
through 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: whitehead.caroline@epa.gov) 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: 
hakowski.denise@epa.gov).

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:

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


    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 also 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 withdrawing the direct final 
rule (73 FR 53140).

List of Subjects in 40 CFR Part 131

    Environmental protection, Antidegradation, Water quality standards.

    Dated: November 6, 2008.
Stephen L. Johnson,
Administrator.

0
Accordingly, the amendments to the rule published on September 15, 2008 
(73 FR 53140) are withdrawn as of November 14, 2008.

[FR Doc. E8-26952 Filed 11-13-08; 8:45 am]

BILLING CODE 6560-50-P
