17484 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices 

reduction act (PRA). The current 

Information Collection Request (ICR) 

required under the PRA and approved 

by OMB is available at 

www.regulations.gov, EPA docket 

number, EPA–HQ–OAR–2003–0052. 

Dated: March 30, 2009. 

Deborah Y. Dietrich, 

Director, Office of Emergency Management. 

[FR Doc. E9–8653 Filed 4–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2009–0224; FRL–8892–5] 

Ocean Acidification and Marine pH 

Water Quality Criteria 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability 

(NODA). 

SUMMARY: This NODA provides 

interested parties with information 

submitted to EPA on ocean acidification 

and solicits additional pertinent data or 

information that may be useful in 

addressing this issue. In addition, EPA 

is notifying the public of its intent to 

review the current aquatic life criterion 

for marine pH to determine if a revision 

is warranted to protect the marine 

designated uses of States and Territories 

pursuant to Section 304(a)(1) of the 

Clean Water Act. The NODA also 

solicits additional scientific information 

and data, as well as ideas for effective 

strategies for Federal, State, and local 

officials to address the impacts of ocean 

acidification. This information can then 

be used as the basis for a broader 

discussion of ocean acidification and 

marine impacts. EPA also requests 

information pertaining to monitoring 

marine pH and implementation of pH 

water quality standards. 

DATES: Comments must be received on 

or before June 15, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2009–0224, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

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. 

• Hand Delivery: EPA Docket Center, 

1301 Constitution Ave, NW., EPA West, 

Room 3334, Washington DC. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2009– 

0224. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

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 Water Docket/EPA/DC, 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 Water 

Docket is (202) 566–2426. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Huff, Health and Ecological Criteria 

Division (4304T), U.S. EPA, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; (202) 566–0787; 

huff.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

1. This information may be useful to 

scientists involved in studying 

mechanisms of carbon dioxide 

absorption, conversion, and retention in 

marine waters as well as those studying 

the effects of the formation of carbonic 

acids and lowered pH on altered carbon 

cycles and carbonate structures 

necessary to aquatic life. 

2. This information may be useful to 

Federal, State, Tribal, and Territorial 

managers of water quality programs. 

3. This information may be useful to 

ocean and coastal managers. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

Information submitted in response to 

this NODA should address the nature 

and characteristics of altered carbon 

chemistry in marine waters, including 

changes in pH and biological 

calcification processes. It should also 

address the significance of potential 

modification to the national marine pH 

criterion for State and Federal Water 

Programs authorized by the Clean Water 

Act. EPA is soliciting additional 

scientific information, data and ideas for 

effective strategies for Federal, State, 

and local officials to use to address the 

potential impacts of ocean acidification. 

Specifically: 

1. EPA is soliciting technical 

information on measurement of ocean 

acidification in marine coastal waters, 

including: 

a. Technological advances in rapid, 

continuous, or remote measurement of 

pH; 

b. Long-term empirical pH data and 

carbon chemistry measurements, 

especially those that may demonstrate 

ocean acidification; 

c. Empirical data to demonstrate 

spatial and temporal variability of pH in 

near-coastal waters; 

d. Methods to statistically evaluate 

variability of pH in near-coastal waters; 

e. Other approaches (e.g., carbon 

chemistry), methods and indicators that 

could reflect ocean acidification. 

2. EPA is soliciting technical 

information on effects of ocean 

acidification on marine biota, including: 

a. Survival, growth, reproduction, and 

recruitment of reef-building corals and 

crustose coralline algae; 


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b. Anticipated persistence of coral 

reef communities under future pH 

scenarios; 

c. Survival, growth, reproduction, and 

recruitment of other (non-coral) marine 

calcifying organisms; 

d. Potential changes in community 

structure and marine trophic links; 

e. Variability of effects in tropical, 

temperate and polar regions; 

f. Estimates of response rates (e.g., 

rapid, gradual, non-linear) of 

populations and communities to ocean 

acidification; 

g. Adaptability to ocean acidification 

and broad implications for ecosystem 

resilience; 

h. Methods or estimates of the 

combined and relative importance of 

ocean acidification in concert with other 

natural and anthropogenic stressors 

(e.g., storm damage, pollution, 

overfishing). 

3. EPA is soliciting scientific views on 

the information presented in the 

bibliography of this notice. 

4. EPA is soliciting information 

related to EPA’s current CWA 304(a) 

recommended pH criterion for marine 

waters, including how the criterion 

could be best expressed, particularly 

with respect to natural variability. 

5. EPA is soliciting information 

regarding State and Territorial 

implementation of the pH criterion 

related to new information on ocean 

acidification. 

6. EPA is soliciting potential strategies 

for State and Federal water programs to 

coordinate and enhance Federal data 

collection efforts, including: 

a. Approaches to designated uses for 

water quality standards that account for 

different pH regimes (e.g., specific 

designated uses for areas with 

organisms that may be more sensitive to 

significant pH fluctuations such as 

coral, shellfish, other calcifying 

organisms) (CFR 131.10, for additional 

information on designated uses http:// 

www.epa.gov/waterscience/standards/ 

about/uses.htm); 

b. Scientifically defensible 

approaches to set and monitor pH 

criteria. 

7. EPA is soliciting information that 

may be used to develop guidance and 

information on ocean acidification 

pursuant to Clean Water Act Section 

304(a)(2) for States and the public. This 

information may include information on 

the mechanisms of ocean acidification, 

methodology development for analysis, 

and statistical analysis. 

II. Background on Ocean Acidification 

Ocean acidification refers to the 

decrease in the pH of the Earth’s oceans 

caused by the uptake of carbon dioxide 

(CO2) from the atmosphere. Oceans have 

been absorbing about one-third of the 

anthropogenic CO2 emitted into the 

atmosphere since pre-industrial times. 

As more CO2 dissolves in the ocean, it 

reduces ocean pH, which changes the 

chemistry of the water. These changes 

present potential risks across a broad 

spectrum of marine ecosystems. 

Biological effects are projected based 

on models that predict lower pH 

regimes in marine waters over the next 

50–100 years. Using these predictions, 

reduced pH conditions and/or increased 

CO2 saturation have been simulated in 

the lab and have shown the potential to 

impact marine life. The majority of the 

effects observed in lab studies have 

occurred at pH levels beyond the 

allowed variability of 0.2 units in the 

CWA 304(a) recommended criteria for 

marine pH. For instance, ocean 

acidification related reductions in pH is 

forecast to reduce calcification rates in 

corals and may affect economically 

important shellfish species including 

oysters, scallops, mussels, clams, sea 

urchins, crabs, and lobsters. A recent 

field study on marine plankton 

described reduced shell weight over 

time ‘‘consistent with reduced 

calcification today induced by ocean 

acidification’’ (Moy et al. 2009). One 

study demonstrated effects at pH 

changes of less than 0.2, describing 

effects on squid metabolism (0.2 is the 

allowed pH variation from normal 

conditions under current EPA criteria 

recommendation) (Portner 2008). 

Impacts to shellfish and other calcifying 

organisms that represent the base of the 

food web may have implications for 

larger organisms that depend on 

shellfish and other calcifying organisms 

for prey. 

Current research indicates the impact 

of ocean acidification on marine 

organisms will largely be negative, and 

the impacts may differ from one life 

stage to another. There may be 

interactions between CO2 saturation, 

temperature, and other stressors which 

are not fully understood. Preliminary 

projections indicate that oceans will 

become more acidic over time and 

overall, the net effect is likely to disrupt 

the normal functioning of many marine 

and coastal ecosystems. 

The first comprehensive national 

study of how CO2 emissions are 

absorbed into the oceans has been 

commissioned by the National Oceanic 

and Atmospheric Administration 

(NOAA). The National Academies’ 

Committee on the Development of an 

Integrated Science Strategy for Ocean 

Acidification Monitoring, Research, and 

Impacts Assessment is charged with 

recommending priorities for a national 

research, monitoring, and assessment 

plan to advance understanding of the 

biogeochemistry of carbon dioxide 

uptake in the ocean and the relationship 

to atmospheric levels of carbon dioxide, 

and to reduce uncertainties in 

projections of increasing ocean 

acidification and the potential effects on 

living marine resources and ocean 

ecosystems. The 18-month project 

started on September 16, 2008 (http:// 

dels.nas.edu/osb/acidification.shtml). 

A. Examples of EPA Activities and 

Publications Related to Ocean 

Acidification 

EPA is currently involved in a 

number of initiatives both solely and in 

partnership with other Federal agencies. 

Below is a list of current and future 

projects related to the issue of ocean 

acidification, the development of 

biocriteria to help classify and protect 

marine resources, and tools for the 

assessment of potential impacts to 

marine resources that comprise marine 

designated uses. 

• EPA released the ‘‘Stony Coral 

Rapid Bioassessment Protocol’’ (RBP); 

EPA/600/R–06/167, July 2007, which 

provides a methodology for assessing 

the health and condition of stony corals, 

calcifying organisms that are sensitive to 

ocean acidification. Use of the RBP by 

interested States and Territories 

provides the ability to establish a 

baseline for coral reef structural health, 

provides the capacity to derive 

biocriteria for corals and reef structures, 

and provides a scientifically defensible 

method for assessing use attainment in 

marine waters, as well as evaluating the 

impact of stressors, such as ocean 

acidification on corals and coral reef 

structures. http://www.epa.gov/ 

bioiweb1/coral/coral biocriteria.html. 

• EPA is also developing a technical 

guidance framework to aid States and 

Territories in their development, 

adoption, and implementation of coral 

reef biocriteria in their respective water 

quality standards. EPA plans to publish 

this coral biocriteria framework 

document by December 2009 to assist in 

this effort. This document will 

complement the ‘‘Stony Coral Rapid 

Bioassessment Protocol’’ (RBP) 

described above. 

• EPA has supported the 

development of the Coral Mortality and 

Bleaching Output (COMBO) model to 

project the effects of climate change on 

coral reefs by calculating impacts from 

changing sea surface temperature and 

CO2 concentration, and from episodic 

high temperature bleaching events. 

Having been applied to Hawaii and the 

Eastern Caribbean, the model is 

intended to serve as a tool for climate 


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17486 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices 

change policy analysis, and for use by 

resource managers and biologists in 

projecting coral reef impacts at local-toregional scales. 

• The Coastal Research and 

Monitoring Strategy presents a basic 

assessment of the Nation’s coastal 

research and monitoring needs, and 

recommends an integrated framework to 

address the needs of the Nation and the 

coastal States and Tribes in order to 

protect vital coastal resources. http:// 

www.epa.gov/owow/oceans/nccr/ 

H2Ofin.pdf. 

• The National Coastal Condition 

Report III (NCCR III), December 2008, is 

the third in a series of reports describing 

the ecological health of U.S. coastal 

waters at a regional and national scale. 

First issued in 2001 and updated 

periodically thereafter, the NCCR is one 

of only a few statistically-significant 

measures of U.S. water quality on a 

nationwide basis. NCCR III assesses the 

condition of the Nation’s coastal waters, 

including Alaska and Hawaii, based 

primarily on coastal monitoring data 

collected in 2001 and 2002. It presents 

an analysis of temporal changes in 

estuarine condition from 1990 to 2002 

for the Nation’s coastal waters and by 

region. http://www.epa.gov/owow/ 

oceans/nccr3/downloads.html. 

• EPA, working with other Federal 

agencies, as well as State, regional, and 

local partners, undertakes site-specific 

monitoring of coastal and ocean waters. 

For example, EPA and the State of 

Florida, in consultation with NOAA, 

implement the Water Quality Protection 

Program (WQPP) for the Florida Keys 

National Marine Sanctuary. The WQPP 

includes a water quality monitoring 

program which has funded three longterm monitoring projects: overall water 

quality; coral reef and hardbottom 

community health; and seagrass 

community health. http://www.epa.gov/ 

region4/water/coastal/index.html. 

III. What Are Water Quality Criteria? 

Water quality criteria are scientifically 

derived 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)(2) 

requires EPA to develop and publish 

and, from time to time, revise, 

information, including information on 

factors necessary to restore and 

maintain the integrity of navigable 

waters, ground waters, waters of the 

contiguous zone, and the oceans; 

protection and propagation of shellfish, 

fish, and wildlife; and measurement and 

classification of water quality. 

Section 304(a) recommended 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 

water supply, recreational use, 

industrial use). EPA’s section 304(a) 

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. 

A. Why Is EPA Reviewing the Aquatic 

Life Criteria for pH for Marine Waters? 

EPA’s current CWA 304(a) 

recommended criterion for marine pH 

states: ‘‘pH range of 6.5 to 8.5 for marine 

aquatic life (but not varying more than 

0.2 units outside of the normally 

occurring range)’’. This criterion applies 

to open-ocean waters within 3 miles of 

a State or Territory’s shoreline where 

the depth is substantially greater than 

the euphotic zone. 

On December 17, 2007, EPA received 

a petition from the Center for Biological 

Diversity asking EPA to revise its 

recommended national marine pH water 

quality criterion for the protection of 

aquatic life and also asked EPA to 

publish information and provide 

guidance on ocean acidification. 

Following careful consideration of the 

petitioner’s request and supporting 

information, EPA is issuing this notice 

to solicit additional scientific 

information and data to fill data gaps to 

inform EPA’s next steps and determine 

whether changes in existing criteria are 

warranted. 

In this NODA, EPA is only requesting 

information and data relevant to 

addressing ocean acidification under the 

CWA. After the comment period closes 

on this NODA, EPA plans to evaluate 

the information received in considering 

whether the revision of the 

recommended marine pH criterion is 

warranted at this time. EPA intends to 

make final its decision regarding the 

evaluation of the information received 

within one year. If necessary, additional 

public review and comment will be 

requested during revision of the pH 

criterion. 

IV. References Related to Ocean 

Acidification 

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Final Report of the Pew Oceans 

Commission, pg. 90 (2003). 

Andersson, A.J., et al., Coastal Ocean CO2— 

Carbonic Acid—Carbonate Sediment 

System of the Anthropocene. Global 

Biogeochemical Cycles, 20:GB1S92 (2006). 

Andersson, A.J.; Mackenzie, F.T.; Bates, N.R. 

Life on the Margin: Implications of Ocean 

Acidification on Mg-calcite, High Latitude 

and Cold-Water Marine Calcifiers. Marine 

Ecology (ISSN: 0171–8630); Volume 373, 

No., pp. 265–273; 2008. 

Atkinson, M.J.; Cuet, P. Possible Effects of 

Ocean Acidification on Coral Reef 

Biogeochemistry: Topics for Research. 

Marine Ecology (ISSN: 0171–8630); 

Volume 373, No., pp. 249–256; 2008. 

Balch, W.M.; Fabry, V.J. Ocean Acidification: 

Documenting its Impact on Calcifying 

Phytoplankton at Basin Scales. Marine 

Ecology (ISSN: 0171–8630); Volume 373, 

No., pp. 239–247; 2008. 

Bindoff, N.L., et al., Chapter 5: Observations: 

Oceanic Climate Change and Sea Level, 

Climate Change 2007: The Physical 

Science Basis. Contribution of Working 

Group I to the Fourth Assessment Report 

of the IPCC (2007). 

Bradley, P., W. Davis, W. Fisher, H. Bell, V. 

Chan, C. LoBue, W. Wiltse. Biological 

criteria for protection of U.S. coral reefs. 

Proceedings of the 11th International Coral 

Reef Symposium, July 7–11, 2008. 

Buddemeier, R.W., P.L. Jokiel, K.M. 

Zimmerman, D.R. Lane, J. M. Carey, G.C. 

Bohling, J.A. Martinich. (2008) A modeling 

tool to evaluate regional coral reef 

responses to changes in climate and ocean 

chemistry. Limnology and Oceanography 

Methods 6:395–411. 

Caldeira, K. & Wickett M.E., Anthropogenic 

Carbon and Ocean pH. Nature 425:365 

(2003). 

Caldeira, K. and 25 others, Comment on 

‘‘Modern-age Buildup of CO2 and Its 

Effects on Seawater Acidity and Salinity’’ 

by Hugo A. Loa ́iciga. Geophysical Research 

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Chavez, F.P., et al., Chapter 15: Coastal 

Oceans, North American Carbon Budget 

and Implications for the Global Carbon 

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Dore, J., et al., Climate-driven changes to the 

atmospheric CO2 sink in the subtropical 

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Turley, C., et al. Chapter 8: Reviewing the 

Impact of Increased Atmospheric CO2 on 

Oceanic pH and the Marine Ecosystem, 

Avoiding Dangerous Climate Change 

(2006). 

Turley, C. et al., Corals in deep water: will 

the unseen hand of ocean acidification 

destroy cold-water ecosystems? Coral Reefs 

26:445–448 (2007). 

Vezina, A.F.; HoeghGuldberg, O. Marine 

Ecology (ISSN: 0171–8630); Volume 373, 

No., pp. 199–201; 2008. 

Dated: April 9, 2009. 

Michael H. Shapiro, 

Acting Assistant Administrator for Water. 

[FR Doc. E9–8638 Filed 4–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0045; FRL–8409–7] 

Notice of Receipt of Several Pesticide 

Petitions Filed for Residues of 

Pesticide Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s receipt of several initial filings 

of pesticide petitions proposing the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before May 15, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 

number (PP) of interest as shown in the 

body of this document, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 


rwilkins on PROD1PC63 with PROPOSALS