
[Federal Register: September 10, 2009 (Volume 74, Number 174)]
[Notices]               
[Page 46587-46588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se09-55]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8946-8]

 
National Recommended Final Water Quality Criteria for Acrolein

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of final criteria.

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SUMMARY: Pursuant to section 304(a) of the Clean Water Act (CWA), the 
Environmental Protection Agency (EPA) is announcing the availability of 
final national recommended water quality criteria for the protection of 
aquatic life for acrolein. Draft national recommended water quality 
criteria for acrolein were published for scientific views from the 
public on December 17, 2008 at 73 FR 76644. The final criteria 
published today 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.

ADDRESSES: Scientific views received from the public on the draft 
acrolein criteria are available from the EPA Docket Center and are 
identified by Docket ID No. EPA-HQ-OW-2008-0795. They may be accessed 
online at:
     http://www.regulations.gov: Follow the on-line 
instructions for reviewing comments.
     E-mail: OW-Docket@epa.gov.
     Mail: U.S. Environmental Protection Agency; EPA Docket 
Center (EPA/DC) Water Docket, MC 2822T; 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460.
     On Site: EPA Docket Center, 1301 Constitution Ave, NW., 
EPA West, Room 3334, Washington DC 20460.
    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 the Office of Water 
Docket/EPA/DC, 1301 Constitution Ave, NW., EPA West, Room 3334, 
Washington DC 20460. This Docket Facility is open from 8:30 a.m. until 
4:30 p.m., 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; gostomski.frank@epa.gov.

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

[[Page 46588]]

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?

    Today, EPA is publishing final national recommended water quality 
criteria (NRWQC) for protecting aquatic life for acrolein. These final 
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. Reliable sources provided 
toxicity data and other information on the effects of acrolein, which 
were subjected to both internal and external peer review. Scientific 
views were also received from the public on the draft acrolein 
criteria. The comments received did not warrant modification of the 
draft criteria for acrolein. The comments and EPA responses can be 
found in the docket.
    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 [mu]g/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 [mu]g/l more than once 
every three years on the average.
    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), 
(63FR36742); 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 (45FR79347); 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: August 12, 2009.
Peter S. Silva,
Assistant Administrator for Water.
[FR Doc. E9-21820 Filed 9-9-09; 8:45 am]

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