Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Notices 44713 

that replace the recommended numeric 

nutrient criteria of 2000 and 2001. 

These models and associated criteria are 

provided in accordance with the 

provisions of CWA Section 304(a) for 

EPA to revise national recommended 

ambient water quality criteria from time 

to time to reflect the latest scientific 

knowledge. The ecological responses on 

which these models and criteria are 

based were selected by applying a risk 

assessment approach to explicitly link 

nutrient concentrations to the protection 

of designated uses. 

The recommended ambient water 

quality criteria for lakes and reservoirs 

are based on the available data from 

EPA’s National Lakes Assessment (NLA) 

survey. The NLA surveys are carried out 

under EPA’s National Aquatic Resource 

Survey program, which conducts water 

quality and biological surveys of the 

nation’s surface waters in partnerships 

with state and authorized tribal water 

quality monitoring programs (https://

www.epa.gov/national-aquatic-resourcesurveys). The NLA surveys were 

designed using random sampling of 

lakes and reservoirs across the United 

States, and as a result, the collected data 

represent the characteristics of the full 

population of United States lakes and 

reservoirs. The NLA surveys were 

implemented using standardized field 

sampling and analytical methods, with 

internal oversight and independent 

quality control surveillance yielding 

data of high quality and statistical rigor. 

The stressor-response models used in 

generating the recommended ambient 

water quality criteria are based on 

previously published EPA technical 

guidance (U.S. EPA 2010, Using 

stressor-response relationships to derive 

numeric nutrient criteria, Office of 

Water, U.S. Environmental Protection 

Agency, Washington, DC, EPA–820–S– 

10–001), as well as scientific peerreviewed statistical and modeling 

techniques. Models provided in the 

recommended criteria document are 

based on national data, but states and 

authorized tribes may have additional 

data collected during routine 

monitoring. Incorporating these local 

data into the national models can refine 

and improve the precision of the 

stressor-response relationships on a sitespecific basis. EPA stands ready to assist 

states and authorized tribes to add their 

data into the models through the 

Nutrient Scientific Technical Exchange 

Partnership & Support (N–STEPS) 

program. In the appendices of the 

criteria document, EPA describes case 

studies in which state monitoring data 

have been combined with national data, 

yielding models that can be used to 

derive numeric nutrient criteria that 

account for both unique local conditions 

and national, large-scale trends. 

III. What are CWA Section 304(a) 

recommended water quality criteria? 

CWA Section 304(a) water quality 

criteria are non-binding 

recommendations developed by EPA 

under authority of CWA Section 304(a) 

based on the latest scientific knowledge 

on the effects that pollutant 

concentrations have on aquatic species, 

recreation, and/or human health. 

CWA Section 304(a)(1) directs EPA to 

develop, publish, and, from time to 

time, revise criteria for water quality 

accurately reflecting the latest scientific 

knowledge. Water quality criteria 

developed under CWA Section 304(a) 

are based on data and scientific 

judgments on the relationship between 

pollutant concentrations and 

environmental and human health 

effects. CWA Section 304(a) 

recommended criteria do not reflect 

consideration of economic impacts or 

the technological feasibility of meeting 

pollutant concentrations in ambient 

water. 

CWA Section 304(a) recommended 

criteria provide non-binding guidance to 

states and authorized tribes in adopting 

water quality standards that ultimately 

provide a basis for controlling 

discharges 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., aquatic life, 

recreational use). EPA’s recommended 

water quality criteria are not regulations 

and do not constitute legally binding 

requirements. States and authorized 

tribes may adopt other scientifically 

defensible water quality criteria that 

differ from these recommendations. The 

CWA and its implementing regulations 

require that any new or revised water 

quality standards adopted by the states 

and authorized tribes be scientifically 

defensible and protective of the 

designated uses of the bodies of water. 

States and authorized tribes have the 

flexibility to do this by adopting criteria 

based on (1) EPA’s recommended 

criteria, (2) EPA’s criteria modified to 

reflect site-specific conditions, or (3) 

other scientifically defensible methods. 

IV. Use of the Recommended Ambient 

Water Quality Criteria for Lakes and 

Reservoirs by States and Authorized 

Tribes 

EPA is publishing the recommended 

ambient water quality criteria for lakes 

and reservoirs for consideration by 

states and authorized tribes as they 

adopt numeric nutrient criteria to 

protect aquatic life, recreation, and 

drinking water sources from nutrient 

pollution. States and authorized tribes 

could consider using the 

recommendations as an alternative to or 

as a supplement of other scientifically 

defensible approaches. States and 

authorized tribes may also modify the 

criteria to reflect site-specific conditions 

or establish criteria based on other 

scientifically defensible methods (40 

CFR 131.11(b)). These updated CWA 

Section 304(a) recommended nutrient 

criteria for lakes do not, as a general 

matter, compel a state or authorized 

tribe to revise current EPA approved 

and adopted criteria, Total Maximum 

Daily Load nutrient load targets, or 

nitrogen or phosphorus numeric values 

established by other scientifically 

defensible methods. As part of its 

triennial review, if a state or authorized 

tribe uses its discretion to not adopt 

new or revised nutrient criteria based on 

these CWA Section 304(a) 

recommended criteria, then the state or 

authorized tribe shall provide an 

explanation when it submits the results 

of its triennial review (40 CFR 

131.20(a)). 

V. What changed between the draft and 

final criteria? 

Changes in the final recommended 

criteria document, compared to the May 

2020 draft posted for public comment, 

include technical revisions to the 

models limited to the parameter 

estimates for the zooplankton model, 

which were updated to reflect a slight 

change in how the model calculates 

seasonal mean biomasses of 

phytoplankton and zooplankton. Other 

changes include the addition of an 

appendix that provides an example 

workflow for identifying appropriately 

protective numeric nutrient criteria 

using the interactive tools, as well as 

minor editorial revisions that clarify or 

expand on existing text. 

Radhika Fox, 

Assistant Administrator. 

[FR Doc. 2021–17357 Filed 8–12–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2021–0532; FRL–8836–01– 

OW] 

Notification of Safe Drinking Water Act 

(SDWA) Section 1441 Application 

Submissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability; request 

for comments. 


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44714 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Notices 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is announcing 

receipt of Certifications of Need 

applications pursuant to the Safe 

Drinking Water Act (SDWA) Section 

1441. Seven public water systems and 

three publicly owned treatment works 

submitted these applications. Each 

applicant cited receipt of notices of 

force majeure or unavailability of 

treatment chemical via normal 

procurement channels. The notices 

explained that a significant curtailment 

of deliveries of chlorine and derivative 

treatment chemicals from producers and 

from producers to repackagers would 

necessitate either a reduction in 

allocations of chlorine, sodium 

hypochlorite, or ferric chloride relative 

to the contractual agreements or an 

outright cancellation of the contracts. 

The applications further stated that after 

receiving the notices, each of these 

utilities tried to identify alternate 

treatment chemical suppliers with no 

success. EPA is providing an 

opportunity for written comments from 

the public on the SDWA Section 1441 

applications, from chemical producers 

and repackagers that could supply the 

required chlorine, sodium hypochlorite, 

or ferric chloride to the applicants, and 

from any other interested parties. 

DATES: Comments must be received on 

or before August 27, 2021. 

ADDRESSES: You may send comments, 

identified by Docket ID Number EPA– 

HQ–OW–2021–0532, by any of the 

following methods: 

Federal eRulemaking Portal: https://

www.regulations.gov (our preferred 

method). Follow the online instructions 

for submitting comments. 

Mail: U.S. Environmental Protection 

Agency, EPA Docket Center, Water 

Docket, Environmental Protection 

Agency, Mail code: 28221T, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460. 

Hand Delivery/Courier (by scheduled 

appointment only): EPA Docket Center, 

WJC West Building, Room 3334, 1301 

Constitution Ave. NW, Washington, DC 

20004. The Docket Center’s hours of 

operations are 8:30 a.m. to 4:30 p.m., 

Monday through Friday (except federal 

holidays). 

Instructions: All submissions received 

must include the Docket ID No. EPA– 

HQ–OW–2018–0532 for this action. 

Comments received may be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments, see the ‘‘Public 

Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. Out of an abundance of 

caution for members of the public and 

our staff, the EPA Docket Center and 

Reading Room are closed to the public, 

with limited exceptions, to reduce the 

risk of transmitting COVID–19. Our 

Docket Center staff will continue to 

provide remote customer service via 

email, phone, and webform. We 

encourage the public to submit 

comments via https://

www.regulations.gov, as there may be 

delay in processing mail. Hand 

deliveries and couriers may be received 

by scheduled appointment only. For 

further information of EPA Docket 

Center Services and the current status, 

please visit us online at https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

information on SDWA Section 1441 

applications contact Gabrielle Minton, 

Office of Ground Water and Drinking 

Water, Water Security Division, at (202) 

564–8284 or email minton.gabrielle@

epa.gov. For information on water 

utility disinfection products contact 

Steve Allgeier, Office of Ground Water 

and Drinking Water, Water Security 

Division, at (569) 513–7131 or email 

allgeier.steve@epa.gov. For more 

information, visit EPA’s website at: 

https://www.epa.gov/ 

waterutilityresponse/

watersectorsupplychain

chemicalshortages. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

A. Does this action impose any 

requirements on Public Water Systems 

(PWSs) or Publicly Owned Treatment 

Works (POTWs)? 

B. Public Participation 

C. What should I consider as I prepare my 

comments for EPA? 

II. Purpose, Background, and Statutory 

Requirements of This Action 

A. What is the purpose of this action? 

B. Background and Statutory Requirements 

I. General Information 

A. Does this action impose any 

requirements on Public Water Systems 

(PWSs) or Publicly Owned Treatment 

Works (POTWs)? 

This action, when published, will not 

impose any requirements on utilities. 

B. Public Participation 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OW–2021– 

0532, at https://www.regulations.gov 

(our preferred method), or the other 

methods identified in the ADDRESSES

section of this document. Once 

submitted, comments cannot be edited 

or removed from the docket. EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

EPA is temporarily suspending its 

Docket Center and Reading Room for 

public visitors, with limited exceptions, 

to reduce the risk of transmitting 

COVID–19. Our Docket Center Staff will 

continue to provide remote customer 

service via email, phone, and webform. 

We encourage the public to submit 

comments via https://

www.regulations.gov/ as there may be a 

delay in processing mail. Hand 

deliveries or couriers will be received 

by scheduled appointment only. For 

further information and updates on EPA 

Docket Center services, please visit us 

online at https://www.epa.gov/dockets. 

EPA continues to carefully monitor 

information from the Centers for Disease 

Control and Prevention (CDC), local area 

health departments, and our federal 

partners so that we can respond rapidly 

as conditions change regarding COVID– 

19. 

C. What should I consider as I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

Explain your views as clearly as possible. 

Describe any assumptions that you used. 

Provide any technical information and/or 

data you used that support your views. 

Provide full references for any peer 

reviewed publication you used that support 

your views. 

Provide specific examples to illustrate your 

concerns. 

Offer alternatives. 

Make sure to submit your comments 

by the comment period deadline. To 

ensure proper receipt by EPA, identify 

the appropriate docket identification 

number in the subject line on the first 

page of your response. It would also be 

helpful if you provided the name, date, 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Notices 44715 

and Federal Register citation related to 

your comments. 

II. Purpose, Background, and Statutory 

Requirements of This Action 

This section briefly summarizes the 

purpose of this action and the statutory 

requirements. 

A. What is the purpose of this action? 

The purpose of this action is to 

provide notification of the applications 

received under SDWA Section 1441. 

EPA has received applications for 

Certifications of Need under SDWA 

Section 1441 authority, from the 

following public water systems and 

publicly owned treatment works: City of 

Oceanside—Mission Basin Groundwater 

Purification Facility (PWSID 

CA3710014, 12.5% sodium 

hypochlorite, 5,000 gallons delivered 

every 65 days); City of Oceanside— 

Weese Filtration Plant (PWSID 

CA3710014, 12.5% sodium 

hypochlorite, 5,000 gallons delivered 

every 5 days); City of Oceanside—San 

Luis Rey Water Reclamation Facility 

(POTW ID R9–2019–0166, 12.5% 

sodium hypochlorite, 5,000 gallons 

delivered every 10 days); Western 

Municipal Water District—Western 

Water Recycling Facility (POTW ID R9– 

2003–0113, 12.5% sodium hypochlorite, 

5,000 gallons delivered every 10 days); 

Western Municipal Water District— 

Western Riverside County Regional 

Wastewater Authority (POTW 

CA8000216, 12.5% sodium 

hypochlorite, 5,000 gallons delivered 

every 3 days); City of Poway (PWSID 

CA3710015, 100% gaseous chlorine, 5 

tons delivered every 21 days); Jordan 

Valley River Water Conservancy District 

(PWSID UT18027, 100% gaseous 

chlorine, 12 tons delivered every 7 

days); Helix Water District (PWSID 

CA3710010, 100% gaseous chlorine, 12 

tons delivered every 14 days); Niagara 

Falls Water Board Wastewater 

Treatment Plant (PWSID NY0026336, 

12.5% sodium hypochlorite, 30,000 

gallons delivered every day); and the 

City of Farmington Water and 

Wastewater Utility (PWSID NM–35– 

10224, 38%–42% ferric chloride, 5,000 

gallons delivered every 55 days). 

Submitted applications were 

reviewed by EPA for accuracy, 

completeness, and basis for need. After 

the comment period, EPA will issue or 

deny Certifications of Need. If issued, 

EPA will transmit the Certifications of 

Need to the U.S. Department of 

Commerce Undersecretary for Business 

and Industrial Security to implement 

the certification by issuing an order to 

contracted suppliers. The orders will 

require repackagers and/or suppliers to 

provide the fully contracted chlorine 

and other derivative treatment chemical 

allocations to the utilities listed in this 

Federal Register document. EPA 

requests comment on the application 

submittals as well as feedback from 

repackagers or suppliers who may be 

able to assist. 

On June 30, 2021, EPA Administrator 

Regan issued a letter to the chemical 

sector encouraging chemical 

manufacturers and suppliers to 

prioritize drinking water and 

wastewater systems. EPA has been in 

frequent communication with 

representatives from the chemical 

sector, including specific chlorine 

producers and chlorine repackagers. 

While drinking water and wastewater 

disinfection accounts for less than 5% 

of chlorine consumed in the U.S., the 

water sector’s use of this chemical is 

essential for protecting public health. 

The applicants indicated that if their 

public water systems cannot obtain a 

sufficient and reliable supply of the 

required treatment chemical in the form 

used at that treatment facility, they 

would be compelled to issue boil water 

notices and Tier 1 public notifications 

or shut down the treatment system until 

the supply of the required treatment 

chemical is restored. If public water 

systems are forced to shut down, the 

communities served by the system 

would lack a safe drinking water 

supply, with significant consequences 

to public health and the local economy. 

Similarly, if publicly owned treatment 

works lack adequate chlorine or 

derivative chemical supplies, they 

would be unable to disinfect treated 

wastewater prior to discharge to surface 

waters, potentially leading to an 

increase in the concentration of 

pathogens in the surface water, which 

may be used by downstream drinking 

water utilities as a source of drinking 

water or by recreational users. 

B. Background and Statutory 

Requirements 

Pursuant to SDWA Section 1441, a 

PWS or POTW may submit an 

application to the EPA Administrator 

for a Certification of Need when the 

amount of a ‘‘chemical or substance 

necessary to effectively treat water is not 

reasonably available’’ or ‘‘will not be so 

available when required.’’ 42 U.S.C. 

300j(a). Upon receipt of the application, 

EPA must publish a notice in the 

Federal Register, notify in writing all 

individuals who could be subject to an 

order based on the Certification of Need, 

and provide time for written comment. 

EPA may waive such requirements 

when the agency finds for good cause 

that a waiver is necessary to protect 

public health. Id. at (b)(2). Within 30 

days after publishing the notice in the 

Federal Register or after receipt of the 

application if publication is waived, 

EPA will either issue or deny the 

Certification of Need. Id. at (b)(3). The 

EPA Administrator has delegated the 

authority to receive applications for 

Certifications of Need, issue such 

certifications, and take other actions 

under SDWA Section 1441 to the EPA 

Assistant Administrator for Water. 

If EPA issues the Certification of 

Need, the agency will forward it to the 

U.S. Department of Commerce 

(Department) for implementation. 42 

U.S.C. 300j(c)(1). Within seven days of 

EPA issuing the certification, the 

Department will issue an order 

requiring the manufacturers, producers, 

processors, distributors, or repackagers 

of the chemical or substance, identified 

in the amount and form in the 

Certification of Need, that the 

Department determines the supplies to 

be necessary and appropriate. Id. 

Persons or companies subject to the 

order will be given a reasonable 

opportunity to consult with the 

Department with respect to 

implementation of the order. Id. 

Radhika Fox, 

Assistant Administrator. 

[FR Doc. 2021–17358 Filed 8–12–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8844–01–R5] 

Great Lakes Advisory Board Notice for 

Virtual Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public meeting for 

Great Lakes Advisory Board. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act (FACA), the 

Environmental Protection Agency (EPA) 

provides notice of a public meeting for 

the Great Lakes Advisory Board (GLAB). 

Pre-registration is required. 

DATES: This virtual public meeting will 

be held on August 30th, 2021 from 1:00 

p.m. to 4:00 p.m. Central Daylight Time 

and August 31st from 9:00 a.m. to 12:00 

p.m. Central Daylight Time. Members of 

the public seeking to view the meeting 

must register by 3:00 p.m. Central 

Daylight Time on August 23rd, 2021. 

Members of the public seeking to make 

comments relevant to issues discussed 

at the virtual meeting must register and 

indicate a request to make oral and/or 

written public comments in advance of 


jbell on DSKJLSW7X2PROD with NOTICES