30280 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Notices 

changes can be logically divided into 

two categories: (1) Annualized startup/ 

capital and operational costs associated 

with CAIR affected units that are not 

also affected by the ARP program and 

(2) incremental operational costs for 

ARP affected units that are also subject 

to the CAIR program. The previous 

2009–2011 ICR period contained a 

number of one-time costs and burdens 

associated with facilities/units either 

transitioning into the CAIR program 

from the NOX SIP Call program or 

facilities/units previously affected by 

ARP that were required to make changes 

as part of CAIR. These one-time costs 

and burdens were fully realized in the 

2009–2011 period. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 22 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

Respondents/Affected Entities: 

Sources subject to the CAIR program. 

Estimated Number of Respondents: 

1,077. 

Frequency of response: Quarterly. 

Estimated Total Annual Hour Burden: 

265,292 hours. 

Estimated Total Annual Costs: 

$40,819,163, which included 

$22,539,614 in capital and O&M costs. 

Changes in the Estimates: There is a 

decrease of 141,747 hours in the total 

estimated burden currently identified in 

the OMB Inventory of Approved ICR 

Burdens. This change from the previous 

ICR is due to three major differences. (1) 

The previous ICR included a number of 

one-time transition burdens associated 

with the incorporation of NOX SIP Call 

sources and incremental changes for 

ARP sources. Those one time burdens 

were fully accounted for in the previous 

ICR and are not included in the 2012– 

2014 period. (2) The previous ICR also 

included a State and local reporting 

burden associated with annual and 

triennial emissions inventory reporting. 

This reporting requirement was 

removed with changes to 40 CFR 51.125 

published in 76 FR 48353 on August 8, 

2011. (3) The overall number of 

facilities slightly declined despite the 

previous administrative change to 

include Delaware and New Jersey. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2012–12322 Filed 5–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL9675–2] 

Clean Water Act Section 303(d): 

Withdrawal of Nine Total Maximum 

Daily Loads (TMDLs) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Withdrawal of Nine 

TMDLs. 

SUMMARY: The EPA hereby withdraws 

nine final Total Maximum Daily Loads 

(TMDLs) for Chloride, Sulfate, and Total 

Dissolved Solids (TDS) for the Bayou de 

L’Outre Watershed in Arkansas. The 

EPA withdraws the Bayou de L’Outre 

TMDLs due to the discovery of 

inconsistencies in the values used to 

derive the flow and load duration 

curves, resulting in the calculation of 

TMDLs which do not accurately reflect 

the loading capacity of the segments. 

This action does not affect seven other 

final TMDLs published under the same 

Federal Register notice (see 76 FR 

52947) which pertain to segments 

08040203–010, 08040204–006, and 

08040206–015, –016, –716, –816, –916. 

The Agency hereby withdraws the final 

TMDLs pertaining to segments 

08040202–006, –007, and –008 with 

respect to Chlorides, Sulfates and TDS. 

Public Participation: EPA received 

five comment letters from 

representatives of Clean Harbors 

Environmental Services, Clean Harbors 

Environmental Services—El Dorado, El 

Dorado Water Utility, Great Lakes 

Chemical Corporation—Chemtura, and 

Lion Oil Company in support of the 

withdrawal of nine TMDLs pertaining to 

Bayou de L’Outre. The Agency did not 

receive any adverse comments relating 

to the withdrawal action. 

SUPPLEMENTARY INFORMATION: The 

TMDLs were developed under EPA 

Contract Number 68–C–02–108. The 

Federal Register notice of availability, 

seeking public comments on the draft 

TMDLs, was published on December 17, 

2007 (see 72 FR 71409). Public 

comments were received by January 16, 

2008, and a response to each comment 

was provided. The Federal Register 

notice of availability for the final 

TMDLs was published on August 24, 

2011 (see 76 FR 52947). The nine 

pollutant pairs for Bayou de L’Outre 

subject to withdrawal are as follows. 

Segment (Reach) Waterbody name Pollutant 

08040202–006 ................................................... Bayou de L’Outre ............................................. Chloride, Sulfate, TDS. 

08040202–007 ................................................... Bayou de L’Outre ............................................. Chloride, Sulfate, TDS. 

08040202–008 ................................................... Bayou de L’Outre ............................................. Chloride, Sulfate, TDS. 

The 2008 Arkansas Clean Water Act 

(CWA) Section 303(d) list of impaired 

waters is the current EPA approved list, 

and includes the three Bayou de L’Outre 

segments addressed by this action. This 

action does not affect the listing of the 

aforementioned segments. 

FOR FURTHER INFORMATION CONTACT: 

Diane Smith, Environmental Protection 

Specialist, Water Quality Protection 

Division, U.S. EPA Region 6, 1445 Ross 

Avenue, Dallas, TX 75202–2733, (214) 

665–2145. 

Dated: May 9, 2012. 

William K. Honker, 

Acting Director, Water Quality Protection 

Division, EPA Region 6 

[FR Doc. 2012–12360 Filed 5–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2011–0787; FRL–9674–8] 

Final National Recommended Ambient 

Water Quality Criteria for Carbaryl— 

2012 

AGENCY: Environmental Protection 

Agency (EPA). 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Notices 30281 

ACTION: Notice of availability of final 

criteria. 

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 

from effects of carbaryl (EPA–820–R– 

12–007). The final criteria document 

incorporates the latest scientific 

knowledge on the toxicity of carbaryl to 

aquatic life. On November 1, 2011, EPA 

published draft national recommended 

water quality criteria for carbaryl and 

provided the public an opportunity to 

provide scientific views. EPA developed 

the aquatic life criteria 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 provides guidance 

to States and authorized Tribes in 

adopting water quality standards for 

protecting aquatic life and human 

health. These criteria are intended to 

protect aquatic life and do not evaluate 

human health toxicity data. EPA’s 

recommended water quality criteria 

provide technical information for states 

and authorized tribes in adopting water 

quality standards, but by themselves 

have no binding legal effect. EPA’s 

national recommended final acute and 

chronic ambient water quality criteria 

(AWQC) for protecting freshwater 

organisms from potential effects of 

carbaryl is 2.1 mg/L. For the protection 

of estuarine/marine organisms from 

potential effects of carbaryl, EPA is 

recommending a final acute AWQC of 

1.6 mg/L. At the present time, there are 

insufficient data to calculate a chronic 

AWQC for estuarine/marine organisms. 

ADDRESSES: Scientific views received 

from the public on the draft carbaryl 

criteria and the draft and final carbaryl 

criteria documents are available from 

the EPA Docket Center and are 

identified by Docket ID No. EPA–HQ– 

OW–2011–0787. They may be accessed 

online at: 

• www.regulations.gov: Follow the 

on-line instructions. 

• Email: OW-Docket@epa.gov. 

• Mail: US 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. 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 additional information about 

EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

FOR FURTHER INFORMATION CONTACT: 

Diana Eignor, Health and Ecological 

Criteria Division (4304T), U.S. EPA, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460; (202) 566–1143; 

eignor.diana@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What are water quality criteria? 

Water quality criteria are either 

narrative descriptions of water quality 

or 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 the protection of water 

quality and human health that 

accurately reflect 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 assessing water body health and 

controlling discharges or releases of 

pollutants. 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, aquatic 

life, recreational use, or 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 criteria that 

differ from these recommendations. 

II. What is carbaryl and why are we 

concerned about it? 

Carbaryl is a member of the N-methyl 

carbamate class of pesticides, which 

share a common mechanism of toxicity 

by affecting the nervous system via 

cholinesterase inhibition. Carbaryl has 

many trade names, but is most 

commonly known as Sevin®. It is an 

insecticide, a molluscide, and is used to 

thin fruit in orchards. It is registered in 

the United States for controlling insect 

pests on over 115 agricultural and noncrop use applications, including home 

and garden uses (U.S. EPA 2007; U.S. 

EPA 2010). In a 2006 report, the US 

Geological Survey National Water 

Quality Assessment Program reported 

carbaryl as the second most frequently 

found insecticide in water, with 

detections in approximately 50% of 

urban streams (U.S.G.S. 2006). EPA has 

previously developed 304(a) criteria for 

the other three currently registered 

insecticides found most frequently in 

U.S. waters. 

III. What are the final carbaryl criteria? 

EPA is today publishing final national 

recommended water quality criteria for 

protecting aquatic life for carbaryl. EPA 

developed these final criteria using 

EPA’s Guidelines for Deriving 

Numerical National Water Quality 

Criteria for the Protection of Aquatic 

Organisms and Their Uses (1985), (EPA/ 

R–85–100). The document has a new 

format that follows the approach in the 

EPA’s Guidelines for Ecological Risk 

Assessment (EPA/630/R–95/002F). EPA 

obtained toxicity data for developing the 

water quality criteria from peerreviewed open literature studies and 

from studies submitted to the Office of 

Pesticide Programs for the registration 

and reregistration of pesticides. To 

ensure the quality of the information, 

EPA subjected the toxicity data and 

other information on the effects of 

carbaryl to both internal and external 

peer review. EPA also provided an 

opportunity for the public to provide 

scientific views on the draft 

recommended carbaryl criteria 

document. EPA received three 

comments in response to its solicitation. 

EPA reviewed the comments received 

and concluded that they did not warrant 

modification of the draft criteria for 

carbaryl. The comments and EPA 

responses can be found in the docket. 

The final criteria statement is as 

follows: The available data for carbaryl, 

evaluated in accordance with EPA’s 

guidelines for deriving aquatic life 

criteria (Stephan et al. 1985) [referenced 

in the criteria document], indicate that 

freshwater aquatic animals would have 

an appropriate level of protection if the 

following are attained: 

1. The one-hour average concentration 

of carbaryl does not exceed 2.1 mg/L 

more than once every three years on 


srobinson on DSK4SPTVN1PROD with NOTICES
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