

[Federal Register: July 9, 2007 (Volume 72, Number 130)]
[Proposed Rules]               
[Page 37161-37162]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy07-19]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[EPA-HQ-OW-2007-0467; FRL-8337-1]
RIN NA2040

 
Withdrawal of Federal Marine Aquatic Life Water Quality Criteria 
for Toxic Pollutants Applicable to Washington State

AGENCY: Environmental Protection Agency (EPA).

ACTION: 

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roposed rule.

SUMMARY: EPA is proposing to amend the Federal regulations to withdraw 
its 1992 federally promulgated marine copper and cyanide chronic 
aquatic life water quality criteria for Washington State, thereby 
enabling Washington to implement its current EPA-approved chronic 
numeric criteria for copper and cyanide that cover all marine waters of 
the State.
    In 1992, EPA promulgated Federal regulations establishing water 
quality criteria for priority toxic pollutants for 12 States, including 
Washington, and two Territories that had not fully complied with the 
Clean Water Act (CWA). These regulations are known as the ``National 
Toxics Rule'' or ``NTR''. On November 18, 1997, Washington adopted 
revised chronic marine aquatic life criteria for copper and cyanide, 
the only two marine aquatic life priority toxic pollutants in the NTR 
applicable to Washington. These revisions included a chronic marine 
aquatic life water quality criterion for copper for all marine waters 
and a chronic site-specific cyanide criterion for the Puget Sound. EPA 
approved these criteria on February 6, 1998. On August 1, 2003, 
Washington adopted revisions to its water quality standards, including 
a chronic marine criterion for cyanide for all marine waters except the 
Puget Sound. EPA approved this criterion on May 23, 2007. Since 
Washington now has marine copper and cyanide chronic aquatic life 
criteria effective under the CWA that EPA has approved as protective of 
Washington's designated uses, EPA is proposing to amend the NTR to 
withdraw the federally promulgated criteria.

DATES: Written comments must be received by August 8, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2007-0467, by one of the following methods:
     http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
     E-mail: ow-docket@epa.gov.
     Mail to either: Water Docket, USEPA, Mailcode: 2822T, 1200 
Pennsylvania Ave., NW., Washington, DC, 20460 or Docket Manager, 
Washington Marine Aquatic Life NTR Removal, U.S. EPA, Region 10, 1200 
Sixth Avenue, Seattle, WA 98101, Attention Docket ID No. EPA-HQ-OW-
2007-0467.

[[Page 37162]]

     Hand Delivery: EPA Docket Center, EPA West Room 3334, 1301 
Constitution Ave., NW., Washington, DC, 20004 or Becky Lindgren, 
Washington Marine Aquatic Life NTR Removal, U.S. EPA, Region 10, OWW-
131, 1200 Sixth Avenue, Seattle, WA 98101, Attention Docket ID No. EPA-
HQ-OW-2007-0467. 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-2007-
0467. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. 

The http://www.regulations.gov website 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 http://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 
http://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 http://www.regulations.gov or in hard copy at two Docket Facilities. The OW 

Docket Center 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, 1301 
Constitution Ave., 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 the U.S. EPA Region 10 address. Docket materials can be 
accessed from 9 a.m. until 3 p.m., Monday through Friday, excluding 
legal holidays. The telephone number is (206) 553-0775.

FOR FURTHER INFORMATION CONTACT: Becky Lindgren, U.S. EPA, Region 10, 
1200 Sixth Avenue, Seattle, WA 98101 (telephone: 206-553-1774 or e-
mail: lindgren.becky@epa.gov) or Claudia Fabiano, U.S. EPA 
Headquarters, Office of Science and Technology, 1200 Pennsylvania 
Avenue, NW., Mail Code 4305T, Washington, DC 20460 (telephone: 202-566-
0446 or e-mail: fabiano.claudia#epa.gov).

SUPPLEMENTARY INFORMATION: This action concern's EPA's withdrawal of 
Federal marine copper and cyanide chronic aquatic life water quality 
criteria applicable to Washington State from 40 CFR 131.36 (the 
National Toxics Rule) (57 FR 60848). For further information, including 
the rationale, 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 
Federal Marine Aquatic Life Water Quality Criteria for Toxic Pollutants 
Applicable to Washington'' located in the ``Rules and Regulations'' 
section of this Federal Register Publication.

List of Subjects in 40 CFR Part 131

    Environmental protection, Indians-lands, Intergovernmental 
relations, Reporting and Recordkeeping requirements, Water pollution 
control.

    Dated: July 2, 2007.
Stephen L. Johnson,
Administrator.
 [FR Doc. E7-13206 Filed 7-6-07; 8:45 am]

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