Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Proposed Rules 48351 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2008–0495; FRL–8706–8] 

Withdrawal of the Federal Water 

Quality Standards Use Designations 

for Soda Creek and Portions of Canyon 

Creek, South Fork Coeur d’Alene 

River, and Blackfoot River in Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to take 

direct final action to withdraw the 

Federal water quality standards 

designating cold water biota uses for 

Soda Creek and portions of Canyon 

Creek, South Fork Coeur d’Alene River, 

and Blackfoot River in Idaho. In July 

1997, EPA promulgated a Federal rule 

designating uses for water bodies in the 

State of Idaho, including the designation 

of cold water biota for Soda Creek, and 

portions of Canyon Creek, South Fork 

Coeur d’Alene River, and Blackfoot 

River, with the exception of any portion 

in Indian country. These Federal water 

quality standards designating cold water 

biota uses are no longer necessary since 

EPA approved Idaho’s adopted uses that 

result in protection for cold water biota. 

EPA is also withdrawing the water 

quality standards variance provision 

applicable to these uses (40 CFR 

131.33(d)), because this provision is no 

longer necessary with the withdrawal of 

the Federal water quality standards 

designating these uses. 

DATES: Written comments must be 

received by September 18, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OW–2008–0495, by one of the following 

methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: ow-docket@epa.gov 

• Mail to either: Water Docket, U.S. 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460 or 

Lisa Macchio, U.S. EPA, Region 10, 

Mailcode: OWW–131, 1200 Sixth 

Avenue, Suite 900, Seattle, Washington 

98101, Attention: Docket ID No. EPA–

HQ–OW–2008–0495. 

• Hand Delivery: EPA Docket Center, 

EPA West Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20004 or Lisa Macchio, U.S. EPA, 

Region 10, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101, Attention 

Docket ID No. EPA–HQ–OW–2008–

0495. 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–2008–

0495. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or e-mail. The 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 www.regulations.gov your email 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

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

Docket: All documents in the docket 

are listed in the 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 

www.regulations.gov or in hard copy at 

two docket facilities. The OW Docket 

Center is open from 8:30 until 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The OW Docket Center 

telephone number is (202) 566–2426, 

and the Docket address is OW Docket, 

EPA West, Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744. 

Publicly available docket materials are 

also available in hard copy at U.S. EPA, 

Region 10, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101. Docket 

materials can be accessed from 9 a.m. 

until 3 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number is (206) 553–1834. 

FOR FURTHER INFORMATION CONTACT: 

Wendy Drake, U.S. EPA Headquarters, 

Office of Water, Mailcode: 4305T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; telephone 

number: 202–564–2926; fax number: 

202–566–0409; e-mail address: 

drake.wendy@epa.gov or Lisa Macchio, 

U.S. EPA, Region 10, Mailcode: OWW–

131, 1200 Sixth Avenue, Suite 900, 

Seattle, Washington 98101; telephone 

number: 206–553–1834; fax number: 

206–553–0165; e-mail address: 

macchio.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action concerns EPA’s withdrawal of the 

Federal water quality standards 

designating cold water biota uses for 

Soda Creek and portions of Canyon 

Creek, South Fork Coeur d’Alene River, 

and Blackfoot River in Idaho. In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, we are withdrawing 

the Federal water quality standards 

designating cold water biota uses for 

Soda Creek and portions of Canyon 

Creek, South Fork Coeur d’Alene River, 

and Blackfoot River in Idaho and the 

water quality standards variance 

provision related to these uses as a 

direct final rule without a prior 

proposed rule. If we receive no adverse 

comment, we will not take further 

action on this proposed rule. 

In July 1997, EPA promulgated a 

Federal rule designating uses for water 

bodies in the State of Idaho, including 

the designation of cold water biota for 

Soda Creek, and portions of Canyon 

Creek, South Fork Coeur d’Alene River, 

and Blackfoot River, with the exception 

of any portion in Indian country (62 FR 

41183, July 31, 1997). In March 2000, 

Idaho adopted a revised use for a 

segment of Blackfoot River, which 

changed from ‘‘Protected for Future 

Use’’ to undesignated. In Idaho, 

undesignated waters are protected for 

all recreational use in and on the water 

and for the propagation of fish, 

shellfish, and wildlife (IDAPA 

58.01.02.101.01). In March 2002, Idaho 

adopted a use designation of cold water 

biota for segments of Canyon Creek and 

South Fork Coeur d’Alene River. In 

March 2006, Idaho adopted a revised 


ebenthall on PRODPC60 with PROPOSALS
48352 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Proposed Rules 

use for Soda Creek, which changed from 

‘‘NONE’’ to undesignated. As described 

in the undesignated surface waters 

provision of Idaho’s Water Quality 

Standards (IDAPA 58.01.02.101.01a), 

the Idaho Department of Environmental 

Quality (IDEQ) applies cold water 

aquatic life criteria to undesignated 

waters because it is presumed that most 

waters in the State will support cold 

water aquatic life. Thus, cold water 

aquatic life criteria now apply to Soda 

Creek and the segment of the Blackfoot 

River. EPA approved Idaho’s revised 

water quality standards for segments of 

Canyon Creek and South Fork Coeur 

d’Alene River on June 24, 2005, and for 

Soda Creek on August 15, 2006. EPA 

approved Idaho’s revised water quality 

standards for the segment of the 

Blackfoot River, except for any portion 

in Indian country, on August 22, 2006. 

Thus, the Federal water quality 

standards designating Soda Creek and 

portions of Canyon Creek, South Fork 

Coeur d’Alene River, and Blackfoot 

River for cold water biota use (40 CFR 

131.33(b)) is no longer necessary, and 

EPA is withdrawing it with this action. 

EPA is also withdrawing the water 

quality standards variance provision 

applicable to these uses (40 CFR 

131.33(d)), because this provision is no 

longer necessary with the withdrawal of 

the Federal water quality standards 

designating these uses. 

For further information, including the 

regulatory text and various statutes and 

executive orders that require findings 

for rulemakings, please see the 

information provided in the direct final 

rule titled, ‘‘Withdrawal of the Federal 

Water Quality Standards Use 

Designations for Soda Creek and 

Portions of Canyon Creek, South Fork 

Coeur d’Alene River, and Blackfoot 

River in Idaho’’ located in the ‘‘Rules 

and Regulations’’ section of this Federal 

Register publication. 

I. Why EPA Is Issuing This Proposed 

Rule 

This document proposes to withdraw 

the Federal water quality standards 

designating cold water biota uses for 

Soda Creek and portions of Canyon 

Creek, Blackfoot River, and South Fork 

Coeur d’Alene River in Idaho. We have 

published a direct final rule 

withdrawing the Federal water quality 

standards designating the cold water 

biota uses in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register because we view this as a 

noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action in 

the preamble to the direct final rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

would address all public comments in 

any subsequent final rule based on this 

proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

II. What Entities May Be Affected by 

This Action? 

Citizens concerned with water quality 

in Idaho may be interested in this 

rulemaking. Entities discharging 

pollutants to Soda Creek, Canyon Creek, 

South Fork Coeur d’Alene, and 

Blackfoot River in Idaho could be 

indirectly affected by this rulemaking 

because water quality standards are 

used in determining National Pollutant 

Discharge Elimination System (NPDES) 

permit limits. Because this action 

withdraws the Federal water quality 

standards designating cold water biota 

uses that are no longer necessary since 

EPA approved Idaho’s adopted uses that 

result in protection for cold water biota, 

the effect of this rulemaking may only 

occur when entities seek variances to 

water quality standards. Entities seeking 

variances from use designations on 

these waters will now apply to the state, 

and EPA will act on the state’s decision 

to grant the variance. 

Categories and entities that may 

ultimately be affected include: 

Category Examples of potentially affected entities 

Industry ............................... Industries discharging pollutants to Soda Creek, Canyon Creek, South Fork Coeur d’Alene River, and Blackfoot 

River in Idaho. 

Municipalities ...................... Publicly owned treatment works discharging pollutants to Soda Creek, Canyon Creek, South Fork Coeur d’Alene 

River, and Blackfoot River in Idaho. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding NPDES regulated 

entities likely to be affected by this 

action. This table lists the types of 

entities that EPA is now aware could 

potentially be affected by this action. 

List of Subjects in 40 CFR Part 131 

Environmental protection, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Water 

pollution control, Water quality 

standards. 

Dated: August 13, 2008. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E8–19199 Filed 8–18–08; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[CC Docket No. 02–6; FCC 08–173] 

Schools and Libraries Universal 

Service Support Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this document, the 

Commission seeks comment on whether 

certain services should be designated as 

eligible for funding under the schools 

and libraries universal service support 

mechanism, also known as the E-rate 

program. The Commission also seeks 

comment on whether to retain 

interconnected Voice over Internet 

Protocol (interconnected VoIP) as an 

eligible service for future funding years. 

DATES: Comments are due on or before 

September 18, 2008. Reply comments 

are due on or before October 3, 2008. 

ADDRESSES: You may submit comments, 

identified by CC Docket No. 02–6, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• E-mail: ecfs@fcc.gov, and include 

the following words in the body of the 

message, ‘‘get form.’’ A sample form and 

directions will be sent in response. 

Include the docket number in the 

subject line of the message. 


ebenthall on PRODPC60 with PROPOSALS