[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Notices]
[Pages 4285-4287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2044]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5681-2]


Request for Information and Public Hearing to Evaluate Uses of 
Stream Segments in Alabama

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of request for information and holding of public 
hearing.

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SUMMARY: EPA is soliciting any information from interested parties and 
holding a public hearing to assist the Agency in evaluating existing 
and potential beneficial uses of certain waters in the State of 
Alabama. This information will be used by EPA in assessing the 
attainability of such uses and assist the Agency in determining what 
federal use designations, if any, would be appropriate for these 
waters. EPA is holding a public hearing for the purposes of receiving 
information from interested parties. In addition, The Alabama 
Department of Environmental Management (ADEM) will be holding a public 
hearing in March or April 1997 for the purposes of evaluating upgraded 
use designations on some of these same waters.

DATES: All written information and data received on or before March 12, 
1997 will be considered by EPA. A public hearing will be held on 
February 26, 1997, at 1:30 p.m.

ADDRESSES: Written comments should be directed to Morris Flexner, Life 
Scientist, EPA Region 4, Atlanta Federal Center, Water Management 
Division, 100 Alabama Street, S.W., Atlanta, GA 30303-3104, (404) 562-
9272. A public hearing will be held at the Alabama Center for Commerce, 
401 Adams Avenue, Montgomery, AL 38130.

FOR FURTHER INFORMATION CONTACT: Morris Flexner or Fritz Wagener, Water 
Quality Standards Coordinator, EPA Region 4, Atlanta Federal Center, 
Water Management Division, 100 Alabama Street, S.W., Atlanta, GA 30303-
3104, (404) 562-9272 or (404) 562-9267.

SUPPLEMENTARY INFORMATION:

A. Background

1. Statutory/Regulatory History

    Section 303(c) of the Clean Water Act (CWA) directs States, with 
oversight by EPA, to adopt water quality standards to protect public 
health and welfare, enhance the quality of water and serve the purposes 
of the CWA. Under Section 303, States have the primary responsibility 
to establish water quality standards, defined under the Act as 
designated uses of a water segment and the water quality criteria 
necessary to support those uses. Additionally, Indian Tribes authorized 
to administer the water quality standards program under 40 CFR 
Sec. 131.8 also establish water quality standards for waters within 
their jurisdictions. This statutory framework allows States and Tribes 
to work with local communities to establish appropriate designated 
uses, and adopt criteria to protect those designated uses. The Act 
specifies the minimum beneficial uses to be considered by States and 
Tribes in establishing water quality standards as public water 
supplies, propagation of fish and wildlife, recreation, agricultural 
uses, industrial uses and navigation.
    Section 303 includes a requirement that States and Tribes review 
their standards at least once each three year period using a process 
that includes public participation, and a process for EPA review of 
State and Tribal standards. Under Section 303(c), EPA is required to 
either approve new or revised State/Tribal standards that meet the 
requirements of the Act, or disapprove standards that fail to meet 
those requirements. Where EPA disapproves a new or revised State/Tribal 
standard, section 303(c)(4)(A) of the Act states that the Agency is to 
promptly propose substitute federal standards and promulgate federal 
standards within 90 days thereafter. In addition, the Agency is 
authorized to promulgate a federal standard whenever the Agency 
determines that a new or revised standard is necessary to meet the 
requirements of CWA Section 303(c)(4)(B).
    The implementing regulations for water quality standards 
regulations are found at 40 CFR Part 131. Under 40 CFR Sec. 131.10(j), 
States and Tribes are required to conduct a use attainability analysis 
whenever the State/Tribe designates or has designated uses that do not 
include the uses specified in Section 101(a)(2) of the CWA, or when the 
State/Tribe wishes to remove a designated use that is specified in 
Section 101(a)(2) of the Act, or adopt subcategories of uses that 
require less stringent criteria. Uses are considered by EPA to be 
attainable, at a minimum, if the uses can be achieved (1) when effluent 
limitations under Section 301(b)(1) (A) and (B) and Section 306 are 
imposed on point source dischargers, and (2) when cost effective and 
reasonable best management practices are imposed on nonpoint source 
dischargers.
    A use attainability analysis (UAA) is defined in 40 CFR 
Sec. 131.3(g) as a ``structured scientific assessment of the factors 
affecting the attainment of a use which may include physical, chemical,

[[Page 4286]]

biological, and economic factors as described in Sec. 131.10(g).'' In a 
UAA, the physical, chemical and biological factors affecting the 
attainment of a use are evaluated through a water body survey and 
assessment.
    Guidance on water body survey and assessment techniques is 
contained in the Technical Support Manual, Volumes I-III: Waterbody 
Surveys and Assessments for Conducting Use Attainability Analyses 
(Volume I provides information on waterbodies in general, Volume II 
contains information on estuarine systems and Volume III contains 
information on lake systems; Volumes I-II, November 1983; Volume III, 
November 1984), and in the Water Quality Standards Handbook: Second 
Edition (EPA-823-B-94-005, August 1994). Guidance on economic factors 
affecting the attainment of a use is contained in the Interim Economic 
Guidance for Water Quality Standards Workbook (EPA-823-B-95-002, March 
1995). Requests for copies of these guidance documents should be 
directed to the EPA Water Resource Center, (202) 260-7786.
    Water body surveys and assessments should be sufficiently detailed 
to answer the following questions: (1) What are the aquatic uses 
currently being achieved in the water body? (2) What are the causes of 
any impairment of the aquatic uses? (3) What are the aquatic uses that 
can be attained based on the physical, chemical and biological 
characteristics of the water body?

2. History of ADEM/EPA Actions

    On October 14, 1986, the EPA Regional Administrator for Region 4 
disapproved use designations adopted by ADEM for 49 stream segments 
because the State failed to justify lower use classifications in 
accordance with 40 CFR Sec. 131.10(j). Although the State had 
previously submitted use attainability analyses for these stream 
segments, the analyses did not adequately describe the basis for the 
lower use classifications nor did they provide adequate information to 
determine if such classifications were appropriate. From 1986 to 1991, 
19 of the beneficial use designations were either upgraded to Fish and 
Wildlife (F&W) by ADEM or approved as Agricultural and Industrial Water 
Supply (A&I) by EPA. On July 18, 1991, the EPA Regional Administrator 
for Region 4 disapproved 30 beneficial use designations adopted by 
ADEM, 29 of which were previously disapproved in 1986. Five of these 30 
segments have been upgraded to F&W by ADEM since 1991, leaving the 25 
segments that are the subject of this notice.
    Based on information provided to EPA by the State, of the 25 stream 
segments identified in today's notice, ADEM is currently considering a 
proposal for the complete or partial upgrade of uses on 14 of these 
segments. The State also currently plans to submit UAAs to EPA for 12 
of the stream segments, including 3 of the streams for which partial 
upgrades are being considered by the State. The State is also 
evaluating the appropriate steps to take on the remaining segments.

B. Request for Information

    The Agency is currently in the process of evaluating the existing 
data and information with regard to the uses of 25 stream segments that 
were the subject of EPA's disapproval decisions. Based on such 
information, EPA can determine whether the uses designated by Alabama 
are consistent with the requirements of the Clean Water Act, or whether 
upgrading those uses is necessary. To assist the Agency in ensuring 
that its decisions are based upon the best available information, the 
Agency is soliciting information regarding the stream segments listed 
below. The waters identified in the water quality standards revisions 
adopted by ADEM on February 20, 1991 for which EPA is soliciting 
information are as follows:

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              Basin                     Stream               From                 To            Classification  
----------------------------------------------------------------------------------------------------------------
Cahaba..........................  Buck Creek........  Cahaba Valley.....  Its source........  A&I.              
Coosa...........................  Shirtee Creek.....  Tallasseehatchee    Its source........  A&I.              
                                                       Ck.                                                      
Mobile..........................  Mobile River......  Its mouth.........  Spanish River.....  A&I.              
Mobile..........................  Three Mile Ck.....  Mobile River......  Mobile Street.....  A&I.              
Mobile..........................  Chickasaw Ck......  Mobile River......  Limit of tidal      A&I.              
                                                                           effects (Hwy 43).                    
Mobile..........................  Hog Bayou.........  Chickasaw Ck......  Its source........  A&I.              
Perdido-Escambia................  Pigeon Creek......  Piney Woods Ck....  Its source........  A&I.              
Perdido-Escambia................  Unnamed Trib. to    Pigeon Creek......  Its source........  A&I.              
                                   Pigeon Ck.                                                                   
Perdido-Escambia................  Rocky Creek.......  Persimmon Ck......  County road         A&I               
                                                                           crossing N. of                       
                                                                           Chapman.                             
Perdido-Escambia................  Hollinger Ck......  Road 5 mi. E. of    Its source........  A&I.              
                                                       Bay Minette.                                             
Tallapoosa......................  Sougahatchee Creek  County road 11      Pepperell Branch..  A&I.              
                                                       crossing.                                                
Tallapoosa......................  Pepperell Br......  Sougahatchee Ck...  Its source........  A&I.              
Tallapoosa......................  Sugar Creek.......  Elkahatchee Ck....  Its source........  A&I.              
Tennessee.......................  Flint Creek.......  Alabama Hwy. 36...  Shoal Creek.......  A&I.              
Upper Tombigbee.................  Little Bear Creek.  Bear Creek........  Highway 82........  A&I.              
Warrior.........................  Valley Creek......  Head of backwater   Co. road crossing   A&I.              
                                                       above Bankhead      1\1/2\ mi. NE of                     
                                                       Lock Dam.           Johns.                               
Warrior.........................  Valley Creek......  Co. road crossing   Opossum Creek.....  IO.               
                                                       1\1/2\ mi. NE of                                         
                                                       Johns.                                                   
Warrior.........................  Valley Creek......  Opossum Creek.....  Its source........  A&I.              
Warrior.........................  Opossum Creek.....  Valley Creek......  Its source........  IO.               
Warrior.........................  Village Creek.....  Locust Fork.......  Its source........  A&I.              
Warrior.........................  Five Mile Crk.....  Locust Fork.......  Ketona............  A&I.              
Warrior.........................  Lost Creek........  AL Hwy 124........  Its source........  A&I.              
Warrior.........................  Cane Ck/Oakman....  Lost Creek........  Its source........  A&I.              
Warrior.........................  Cane Ck/Jasper....  Mulberry Fork.....  Its source........  A&I.              
Warrior.........................  Town Creek........  Cane Creek........  Its source........  A&I.              
----------------------------------------------------------------------------------------------------------------
 Note: The existing use classifications for the 25 stream segments adopted by ADEM are either A&I or Industrial 
  Operations (IO) as indicated in the above table.                                                              


[[Page 4287]]

    Specifically EPA is seeking information that would assist in 
determining whether F&W uses are currently being attained, or have been 
attained since or before 1975, or whether natural conditions or 
features or human caused conditions prevent the attainment of F&W uses 
and cannot be remedied or would cause more environmental damage to 
correct than to leave in place. Below is a general discussion of the 
types of data/information requested by the Agency:
    Ambient Monitoring Information: (1) Any instream data for any of 
the above stream segments reflecting either natural conditions (e.g., 
instream flow data or other data relating to stream hydrology) or 
irretrievable human-caused conditions which prevent the F&W uses or 
supporting water quality criteria from being attained, (2) Any 
available instream biological data, (3) Any chemical and biological 
monitoring data that verify improvements to water quality as a result 
of treatment plant/facility upgrades and/or expansions and (4) Any 
instream data reflecting nonpoint sources of pollution or best 
management practices that have been implemented for nonpoint source 
control.
    Current and Historical Effluent Data: (1) Any data and information 
relating to mass loadings from point source discharges of pollutants 
such as BOD, NH <INF>3-N, Chlorine, metals (e.g., As, Cd, Cr, Cu, Pb, 
Hg, Ni, Ag, Zn), toxics (e.g., volatile organic chemicals such as 
benzene or toluene, acid extractables such as pentachlorphenol, base 
neutrals such as anthracene, fluorene or pyrene, and pesticides such as 
aldrin, lindane, DDT, dieldrin, endrin and toxaphene), (2) Data and 
information related to facility or treatment plant effluent quality and 
(3) Any information related to releases of pollutants from other 
sources such as landfills, transportation facilities, construction 
sites, agriculture/silviculture, incinerators, and contaminated 
sediments.
    Models: (1) Any data or information on analytical models which can 
be used to evaluate or predict stream quality, flow and/or morphology, 
(2) Any physical, biological or chemical characteristics relating to 
beneficial uses and (3) The results of any such models which can be 
used to evaluate beneficial uses. Economic Data: Any information 
relating to costs and benefits associated with facility or treatment 
plant expansions or upgrades. This information includes: (1) 
Qualitative descriptions or quantitative estimates of any costs and 
benefits associated with facilities or treatment plants meeting F&W 
limits, (2) Any information on costs to households in the community 
with facility or treatment plant expansions or upgrades, whether 
through an increase in user fees, an increase in taxes, or a 
combination of both, (3) Descriptions of the geographical area 
affected, (4) Any changes in median household income, employment, and 
overall net debt as a percent of full market value of taxable property 
and (5) Any effects of changes in tax revenues if the private-sector 
entity were to go out of business, changes in income to the community 
if workers lose their jobs, and effects on other businesses both direct 
and indirect.

    Dated: January 21, 1997.
Robert F. McGhee,
Director, Water Management Division.
[FR Doc. 97-2044 Filed 1-28-97; 8:45 am]
BILLING CODE 6560-50-P