United States Office of Water 

Environmental Protection 4305T October 2002 

Agency 

EPA-823-F-01-025 

Fact Sheet 

Direct Final Rule Withdrawing Federal Human Health and Aquatic Life 

Water Quality Criteria for Toxic Pollutants Applicable to Michigan 

Summary 

EPA is asking for comment on its action to withdraw federal human health and aquatic life water 

quality criteria for toxic pollutants applicable to Michigan. EPA is taking this action because 

Michigan has adopted criteria and methodologies that meet the requirements of the CWA. This 

rule will become a final rule if EPA does not receive adverse comment. If EPA receives adverse 

comment, the Agency will withdraw the direct final rule and leave in place a companion 

proposed rule. EPA will then respond to comments and finalize the rule. 

Background 

EPA is taking direct final action to amend the Federal regulations to withdraw water quality 

criteria applicable to Michigan. In 1992, EPA promulgated Federal regulations establishing 

water quality criteria for priority toxic pollutants for 12 states, including Michigan, 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”. Thereafter, EPA published regulations to 

establish consistent enforceable protections for the Great Lakes system (Water Quality Guidance 

for the Great Lakes System). 

Complying with the Water Quality Guidance for the Great Lakes System, Michigan adopted 

water quality standards in July, 1997, which included numeric water quality criteria and 

methodologies for deriving numeric criteria for the same priority toxic pollutants included in the 

NTR. EPA approved these standards in August, 2000. In this direct final rule, EPA is 

withdrawing Michigan from the NTR without proposal because the procedures used to review 

Michigan’s standards provided ample opportunity for the public to comment on the standards 

and the concomitant withdrawal of Michigan from the NTR. 

About this Action 

The federal criteria for the pollutants identified in the NTR are redundant now that Michigan has 

adopted criteria that comply with the Clean Water Act. The final rule will impose no costs. 

Michigan’s criteria are comparable with the level of protection provided by the National Toxics 

Rule and may even provide a higher level of protection in some cases. This action will not affect 

industry and municipalities discharging toxic pollutants to surface waters in Michigan. 

Additional Information 

For general information about this proposal, please contact Manjali Gupta Vlcan, Office of 

Water (4305T), U.S. EPA, 1200 Pennsylvania Ave NW, Washington DC, 20460 (telephone 202-
566-0373, or email vlcan.manjali@epa.gov). For specific information about Michigan’s Water 

Quality Standards, please contact Dave Pfeifer in EPA Region 5 (telephone 312-353-9024 or email at pfeifer.david@epa.gov). 

EPA will accept public comments on its proposed withdrawal until 30 days after it is published 

in the Federal Register. Comments postmarked after this date may not be considered. Please 

send an original and three copies of comments and enclosures (including references) to W-01-15, 

WQCR Comment Clerk; Water Docket, US EPA, EPA West, 1200 Pennsylvania Ave NW, 

Room B135, MC-4101T, Washington, DC 20460. You may also submit comments electronically 

in ASCII or Word Perfect formats, avoiding the use of special characters and any form of 

encryption, to OW-Docket@epa.gov Identify electronic comments by the docket number W-01-

15. Submit hand delivered comments to W-01-15, EPA’s Water Docket, US EPA, EPA West, 

1301 Constitution Ave NW, Room B135, Washington DC 20460. No facsimiles (faxes) will be 

accepted.