30282 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Notices 

average, the criterion maximum 

concentration or CMC (acute criterion). 

2. The four-day average concentration 

of carbaryl does not exceed 2.1 mg/L 

more than once every three years on 

average, the criterion continuous 

concentration or CCC (chronic 

criterion). 

The available data for carbaryl indicates 

that, estuarine/marine aquatic animals 

would have an appropriate level of 

protection if the following is attained: 

1. The one-hour average concentration 

of carbaryl does not exceed 1.6 mg/L 

more than once every three years on 

average (except where a locally 

important species may be more 

sensitive). 

At the present time, there are 

insufficient data to calculate a chronic 

AWQC for estuarine/marine organisms. 

IV. What is the relationship between 

the water quality criteria and State or 

Tribal water quality standards? 

Water quality standards consist of 

three principal elements: designated 

uses, water quality criteria to protect 

those uses, and antidegradation 

requirements, providing for protection 

of existing water uses and high quality 

waters. 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 developing, maintaining 

and revising water quality standards. 

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 into their 

water quality standards that protect 

designated uses. States may develop 

their criteria based on EPA’s 

recommended section 304(a) water 

quality criteria or other scientifically 

defensible methods. A State’s criteria 

must contain sufficient parameters or 

constituents to protect the designated 

uses. Consistent with 40 CFR 131.21, 

new or revised water quality criteria 

adopted into law by States and 

authorized Tribes on or after May 30, 

2000 are the applicable water quality 

standards for CWA purposes only after 

EPA approval. 

States and authorized Tribes may 

develop site-specific criteria for 

particular waterbodies as appropriate. 

EPA has published procedures for 

developing site-specific criteria, 

described in the Guidelines for Deriving 

Numerical Aquatic Site-Specific Water 

Quality Criteria by Modifying National 

Criteria (USEPA, 1984f). A site-specific 

criterion is intended to come closer than 

the national criterion to providing the 

intended level of protection to the 

aquatic life at the site, usually by taking 

into account the biological and/or 

chemical conditions (i.e., the species 

composition and/or water quality 

characteristics) at the site. If data in the 

national criterion document and/or from 

other sources indicated that the selected 

resident species range of sensitivity is 

different from that for the species in the 

national criterion document, States and 

authorized Tribes can use the Resident 

Species Procedure (Section 3.7.6 of the 

WQS Handbook). This procedure was 

first published in the 1983 Water 

Quality Standards Handbook (USEPA, 

1983a) and expanded upon in the 

Guidelines for Deriving Numerical 

Aquatic Site-Specific Water Quality 

Criteria by Modifying National Criteria 

(USEPA, 1984f) and later detailed in the 

‘‘Interim Guidance on Determination 

and Use of Water Effect Ratio for 

Metals’’ (EPA 1994). 

V. 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; August 1994); Advanced 

Notice of Proposed Rule Making 

(ANPRM), (63 FR 36742; July 7, 1998); 

Water Quality Criteria and Standards 

Plan—Priorities for the Future (EPA 

822–R–98–003; April 1998); Guidelines 

and Methodologies Used in the 

Preparation of Health Effects 

Assessment Chapters of the Consent 

Decree Water Criteria Documents 

(45FR79347; November 1980); 

Methodology for Deriving Ambient 

Water Quality Criteria for the Protection 

of Human Health (EPA–822–B–00–004; 

October 2000); Guidelines for Deriving 

Numerical National Water Quality 

Criteria for the Protection of Aquatic 

Organisms and Their Uses (EPA 822/R– 

85–100; 1985); National Strategy for the 

Development of Regional Nutrient 

Criteria (EPA 822–R–98–002; June 

1998); and EPA Review and Approval of 

State and Tribal Water Quality 

Standards (65 FR 24641; April 27, 

2000). 

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). 

References 

U.S. EPA. 2007. Risks of carbaryl use to the 

federally-listed California red legged 

frog. Office of Pesticide Programs, 

Washington, DC, http://www.epa.gov/ 

espp/litstatus/effects/redleg-frog/ 

carbaryl/determination.pdf. 

U.S. EPA. 2010. Registration Review— 

Preliminary Problem Formulation for 

Ecological Risk and Environmental Fate, 

Endangered Species, and Drinking Water 

Assessments for Carbaryl. September 3, 

2010. EPA–HQ–OPP–2010–0230–0004. 

U.S.G.S. 2006. The Quality of our Nation’s 

Waters: Pesticides in the Nation’s 

Streams and Ground Water, 1992–2001. 

Circular 1291. U.S. Geological Survey. 

Reston, VA. 

Dated: May 14, 2012. 

Nancy K. Stoner, 

Acting Assistant Administrator, Office of 

Water. 

[FR Doc. 2012–12369 Filed 5–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9674–9] 

Notice of Proposed Administrative 

Settlement Pursuant to the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended (‘‘CERCLA’’), 42 U.S.C. 

9622(i), notice is hereby given of a 

proposed administrative settlement 

concerning the Malone Service 

Company Superfund Site, Texas City, 

Galveston County, Texas. 

The settlement requires the six (6) 

settling parties to pay a total of $32,722 

as payment of response costs to the 

Hazardous Substances Superfund. The 

settlement includes a covenant not to 

sue pursuant to Section 107 of CERCLA, 

42 U.S.C. § 9607. 

For thirty (30) days following the date 

of publication of this notice, the Agency 

will receive written comments relating 

to this notice and will receive written 

comments relating to the settlement. 

The Agency will consider all comments 

received and may modify or withdraw 

its consent to the settlement if 

comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. The Agency’s response to 

any comments received will be available 

for public inspection at 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Notices 30283 

DATES: Comments must be submitted on 

or before June 21, 2012. 

ADDRESSES: The proposed settlement 

and additional background information 

relating to the settlement are available 

for public inspection at 1445 Ross 

Avenue, Dallas, Texas 75202–2733. A 

copy of the proposed settlement may be 

obtained from Kevin Shade at 1445 Ross 

Avenue, Dallas, Texas 75202–2733 or by 

calling (214) 665–2708. Comments 

should reference the Malone Service 

Company Superfund Site, Texas City, 

Galveston County, Texas and EPA 

Docket Number 06–09–11, and should 

be addressed to Kevin Shade at the 

address listed above. 

FOR FURTHER INFORMATION CONTACT: 

I-Jung Chiang, Assistant Regional 

Counsel, 1445 Ross Avenue, Dallas, 

Texas 75202–2733 or call (214) 665– 

2160. 

Dated: May 9, 2012. 

Samuel Coleman, 

Acting Regional Administrator 

[FR Doc. 2012–12361 Filed 5–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9674–6] 

Standards of Performance for New 

Stationary Sources, National Emission 

Standards for Hazardous Air 

Pollutants, and the Stratospheric 

Ozone Protection Program: Recent 

Posting to the Applicability 

Determination Index (ADI) Database 

System of Agency Applicability 

Determinations, Alternative Monitoring 

Decisions, and Regulatory 

Interpretations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Availability. 

SUMMARY: This notice announces 

applicability determinations, alternative 

monitoring decisions, and regulatory 

interpretations that EPA has made 

under the New Source Performance 

Standards (NSPS); the National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP); and the 

Stratospheric Ozone Protection 

Program. 

FOR FURTHER INFORMATION CONTACT: An 

electronic copy of each EPA response 

letter posted on the Applicability 

Determination Index (ADI) database 

system is available on the Internet 

through the Office of Enforcement and 

Compliance Assurance (OECA) Web site 

at: http://www.epa.gov/compliance/ 

monitoring/programs/caa/adi.html. The 

document may be located by control 

number, date, author, subpart, or subject 

search. For questions about the ADI or 

this notice, contact Maria Malave at EPA 

by phone at: (202) 564–7027, or by 

email at: malave.maria@epa.gov. For 

technical questions about the individual 

applicability determinations or 

monitoring decisions, refer to the 

contact person identified in the 

individual EPA response letters and 

memoranda, or in the absence of a 

contact person, refer to the author of the 

document. 

SUPPLEMENTARY INFORMATION: 

Background 

The General Provisions to the NSPS 

in 40 Code of Federal Regulations (CFR) 

part 60 and the General Provisions to 

the NESHAP in 40 CFR part 61 provide 

that a source owner or operator may 

request a determination of whether 

certain intended actions constitute the 

commencement of construction, 

reconstruction, or modification. EPA’s 

written responses to these inquiries are 

commonly referred to as applicability 

determinations. See 40 CFR 60.5 and 

61.06. Although the part 63 NESHAP 

[which includes Maximum Achievable 

Control Technology (MACT) standards] 

and section 111(d) of the Clean Air Act 

(CAA) regulations contain no specific 

regulatory provision providing that 

sources may request applicability 

determinations, EPA also responds to 

written inquiries regarding applicability 

for the part 63 and section 111(d) 

programs. The NSPS and NESHAP also 

allow sources to seek permission to use 

monitoring or recordkeeping that are 

different from the promulgated 

requirements. See 40 CFR sections 

60.13(i), 61.14(g), 63.8(b)(1), 63.8(f), and 

63.10(f). EPA’s written responses to 

these inquiries are commonly referred to 

as alternative monitoring decisions. 

Furthermore, EPA responds to written 

inquiries about the broad range of NSPS 

and NESHAP regulatory requirements as 

they pertain to a whole source category. 

These inquiries may pertain, for 

example, to the type of sources to which 

the regulation applies, or to the testing, 

monitoring, recordkeeping, or reporting 

requirements contained in the 

regulation. EPA’s written responses to 

these inquiries are commonly referred to 

as regulatory interpretations. 

EPA currently compiles Agencyissued NSPS and NESHAP applicability 

determinations, alternative monitoring 

decisions, and regulatory 

interpretations, and posts them on the 

web-based Applicability Determination 

Index (ADI) at www.epa.gov/ 

compliance/monitoring/programs/caa/ 

adi.html. The ADI is an electronic index 

containing over three thousand EPA 

letters and memoranda pertaining to the 

applicability, monitoring, 

recordkeeping, and reporting 

requirements of the NSPS, NESHAP, 

and stratospheric ozone regulations (at 

40 CFR part 82). The letters and 

memoranda may be searched by date, 

office of issuance, subpart, citation, 

control number, or by keywords. 

Today’s notice comprises a summary 

of forty-four such documents added to 

the ADI on April 25, 2012. The subject 

and header of each letter and 

memorandum are listed in this notice, 

as well as a brief abstract of the letter 

or memorandum. Complete copies of 

these documents may be obtained from 

the ADI through the OECA Web site at: 

www.epa.gov/compliance/monitoring/ 

programs/caa/adi.html. 

Summary of Headers and Abstracts 

The following table identifies the 

database control number for each 

document posted on the ADI database 

system on April 25, 2012; the applicable 

category; the subpart(s) of 40 CFR part 

60, 61, or 63 (as applicable) covered by 

the document; and the title of the 

document, which provides a brief 

description of the subject matter. We 

have also included an abstract of each 

document identified with its control 

number after the table. These abstracts 

are provided solely to alert the public to 

possible items of interest and are not 

intended as substitutes for the full text 

of the documents. This notice does not 

change the status of any document with 

respect to whether it is ‘‘of nationwide 

scope or effect’’ for purposes of section 

307(b)(1) of the Clean Air Act. For 

example, this notice does not make an 

applicability determination for a 

particular source into a nationwide rule. 

Neither does it purport to make any 

document that was previously nonbinding into a binding document. 

ADI DETERMINATIONS UPLOADED ON APRIL 25, 2012 

Control No. Categories Subparts Title 

A110002 .................................. Asbestos NESHAP .................. M .................. Demolition of Residential Structures. 


srobinson on DSK4SPTVN1PROD with NOTICES