53140 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

permits, Reporting and recordkeeping 

requirements. 

Dated: September 4, 2008. 

John B. Askew, 

Regional Administrator, Region 7. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Missouri 

■ 2. In § 52.1320 the table in paragraph 

(c) is amended by revising the entry for 

10–6.110 to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA approval date Explanation 

Missouri Department of Natural Resources 

* * * * * * * 

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

* * * * * * * 

10–6.110 ........... Submission of Emission Data, 

Emission Fees, and Process Information.

12/30/07 09/15/08 [insert FR page number 

where the document begins].

Section (3)(D), Emissions Fees, 

has not been approved as part 

of the SIP. 

* * * * * * * 

* * * * * 

PART 70—[AMENDED] 

■ 3. The authority citation for part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Appendix A—[Amended] 

■ 4. Appendix A to part 70 is amended 

by adding paragraph (v) under Missouri 

to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(v) The Missouri Department of Natural 

Resources submitted revisions to Missouri 

rule 10 CSR 10–6.110, ‘‘Submission of 

Emission Data, Emission Fees, and Process 

Information’’ on December 21, 2007; 

approval of section (3)(D) effective November 

14, 2008. 

* * * * * 

[FR Doc. E8–21181 Filed 9–12–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2007–93; FRL–8716–2] 

Withdrawal of Federal Antidegradation 

Policy for All Waters of the United 

States Within the Commonwealth of 

Pennsylvania 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to withdraw the federal 

antidegradation policy for all waters of 

the United States within the 

Commonwealth of Pennsylvania. We are 

withdrawing the federal antidegradation 

policy to allow Pennsylvania to 

implement its own antidegradation 

policy. Pennsylvania has adequately 

demonstrated that its antidegradation 

policy protects all waters of the United 

States at a level consistent with the 

federal requirements under the Clean 

Water Act. Therefore, the federal 

antidegradation policy is redundant. 

DATES: This rule is effective December 

15, 2008 without further notice unless 

EPA receives adverse comment by 

October 15, 2008. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket Id. No. EPA–HQ– 

OW–2007–0093, by one of the following 

methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: ow-docket@epa.gov. 

• Mail: Water Docket, USEPA, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

EPA West Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20004. 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–2007–93. 

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 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53141 

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 

the OW Docket Center. This Docket 

Facility is open from 8:30 a.m. until 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (202) 566–2426 

and the Docket address is OW Docket, 

EPA West, Room 3334, 1301 

Constitution Ave., 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. 

FOR FURTHER INFORMATION CONTACT: 

Caroline Whitehead at EPA 

Headquarters, Office of Water (4305T), 

1200 Pennsylvania Ave, NW., 

Washington, DC 20460 (telephone: 202– 

566–2907, fax: 202–566–0409 or e-mail: 

whitehead.caroline@epa.gov) or Denise 

Hakowski at EPA Region 3 (3WP30), 

1650 Arch Street, Philadelphia, 

Pennsylvania 19103 (telephone: 215– 

814–5726, fax: 215–814–2318 or e-mail: 

hakowski.denise@epa.gov). 

SUPPLEMENTARY INFORMATION: This 

section is organized as follows: 

Table of Contents 

I. Potentially Affected Entities 

II. Background 

III. Why Is EPA Using a Direct Final Rule? 

IV. Statutory and Executive Order Review 

A. Executive Order 12866 (Regulatory 

Planning and Review) 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132 (Federalism) 

F. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

G. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risks and Safety Risks) 

H. Executive Order 13211 (Actions That 

Significantly Affect Energy Supply, 

Distribution or Use) 

I. National Technology Transfer and 

Advancement Act of 1995 

J. Executive Order 12898 (Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations) 

K. Congressional Review Act 

I. Potentially Affected Entities 

Citizens concerned with water quality 

in Pennsylvania may be interested in 

this rulemaking. Entities discharging 

pollutants to the surface waters of 

Pennsylvania could be indirectly 

affected by this rulemaking since water 

quality standards are used in 

determining National Pollutant 

Discharge Elimination System (NPDES) 

permit limits. Because this action 

withdraws a redundant federal 

antidegradation policy, the effect of this 

rulemaking should be insignificant. 

Categories and entities which may 

ultimately be affected include: 

Category Examples of potentially affected entities 

Industry ............................... Industries discharging pollutants to surface waters in Pennsylvania. 

Municipalities ...................... Publicly-owned treatment works discharging pollutants to surface waters in Pennsylvania. 

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. 

II. Background 

Section 303 (33 U.S.C. 1313) of the 

Clean Water Act (CWA or Act) directs 

States, with oversight by EPA, to adopt 

water quality standards to protect the 

public health and welfare, enhance the 

quality of water and serve the purposes 

of the CWA. Under section 303, States 

are required to develop water quality 

standards for navigable waters of the 

United States within the State. Section 

303(c) and EPA’s implementing 

regulations at 40 CFR part 131 require 

State and Tribal water quality standards 

to include the designated use or uses to 

be made of the water, the water quality 

criteria necessary to protect those uses, 

and an antidegradation policy. States 

are required to review their water 

quality standards at least once every 

three years and, if appropriate, revise or 

adopt new standards. The results of this 

triennial review must be submitted to 

EPA, and EPA must approve or 

disapprove any new or revised 

standards. Section 303(c) of the CWA 

authorizes the EPA Administrator to 

promulgate water quality standards to 

supersede State standards that EPA has 

disapproved or in any case where the 

Administrator determines that a new or 

revised standard is needed to meet the 

CWA’s requirements. 

In June 1994, EPA disapproved 

Pennsylvania’s antidegradation 

regulation after determining the 

regulation was not consistent with the 

federal antidegradation regulation found 

at 40 CFR 131.12. When the 

Pennsylvania Department of 

Environmental Protection (PADEP) did 

not act within the statutory timeframe to 

address EPA’s findings, EPA 

promulgated a federal antidegradation 

policy for all waters of the United States 

within the Commonwealth of 

Pennsylvania at 40 CFR 131.32 on 

December 9, 1996. In August 1999, 

PADEP submitted revisions to its 

antidegradation policy found in 25 Pa. 

Code Chapter 93 to EPA. On March 17, 

2000, EPA approved most of the 

revisions to Pennsylvania’s regulations 

as meeting the requirements of federal 

regulations at 40 CFR 131.12(a)(1) and 

131.12(a)(2), but withheld action on 

Section 93.4b, PADEP’s Exceptional 

Value (EV) Waters designation, or Tier 

3, until PADEP ensured that EV 

designated waters would be protected at 

the level consistent with federal 

regulations at 40 CFR 131.12(a)(3). In 

2003, PADEP published ‘‘Water Quality 

Antidegradation Implementation 

Guidance’’ (Document Number 391– 

0300–002). In it, PADEP provides 


jlentini on PROD1PC65 with RULES
53142 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

guidance to its staff and information to 

help the regulated community and the 

public understand the implementation 

of the antidegradation policy in 

Pennsylvania. Based on a review of the 

document in combination with the 

PADEP’s antidegradation regulation, 

EPA approved PADEP’s antidegradation 

policy for Tier 3 waters on March 7, 

2007. Because Pennsylvania now has an 

EPA-approved antidegradation policy 

meeting the federal requirements at 40 

CFR 131.12, the federal antidegradation 

regulation promulgated by EPA for 

Pennsylvania is no longer needed and 

EPA is withdrawing it with this action. 

III. Why Is EPA Using a Direct Final 

Rule? 

EPA is publishing this final rule 

without a prior proposed rule because 

we view this rulemaking as a 

noncontroversial action and anticipate 

no adverse comment. This action 

withdraws the federally promulgated 

antidegradation rule because 

Pennsylvania has developed regulations 

that protect the waters of the United 

States within the Commonwealth at a 

level consistent with the federal 

requirements. However, in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, we are publishing a 

separate document that will serve as a 

proposed rule to withdraw the federal 

antidegradation regulation for 

Pennsylvania if any adverse comment is 

received regarding this direct final rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If EPA receives adverse comment on 

this direct final rule, we will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

direct final rule will not take effect. We 

would address all public comments in 

any subsequent final rule based on the 

proposed rule. 

IV. Statutory and Executive Order 

Review 

A. Executive Order 12866 (Regulatory 

Planning and Review) 

This action withdraws federal 

requirements applicable to 

Pennsylvania and imposes no regulatory 

requirements or costs on any person or 

entity. It does not interfere with the 

action or planned action of another 

agency, and does not have any 

budgetary impacts or raise novel legal or 

policy issues. Thus, it has been 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

the terms of Executive Order 12866 (58 

FR 51735, October 4, 1993) and is 

therefore not subject to Office of 

Management and Budget (OMB) review. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden because it 

is administratively withdrawing federal 

requirements that no longer need to 

apply to Pennsylvania. However, the 

Office of Management and Budget 

(OMB) has previously approved the 

information collection requirements 

contained in the existing regulations 40 

CFR part 131 under the provisions of 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2040–0049. The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally requires 

an agency to prepare a regulatory 

flexibility analysis of a rule that is 

subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have significant 

economic impact on a substantial 

number of small entities. This action 

imposes no regulatory requirements or 

costs on any small entity. Therefore, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

D. Unfunded Mandates Reform Act 

Title III of the Unfunded Mandates 

Reform Act (UMRA) (Pub. L. 104–4) 

establishes requirements for federal 

agencies to assess the effects of their 

regulatory actions on State, Tribal, and 

local governments and the private 

sector. Today’s rule contains no federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, Tribal, or local governments or 

the private sector because it imposes no 

enforceable duty on any of these 

entities. Thus, today’s rule is not subject 

to the requirements of UMRA sections 

202 and 205 for a written statement and 

small government agency plan. 

Similarly, EPA has determined that this 

rule contains no regulatory 

requirements that might significantly or 

uniquely affect small governments and 

is therefore not subject to UMRA section 

203. 

E. Executive Order 13132 (Federalism) 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure State and 

local government officials have an 

opportunity to provide input in the 

development of regulatory policies that 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of governments. This rule 

imposes no regulatory requirements or 

costs on any State or local governments; 

therefore, it does not have federalism 

implications under Executive Order 

13132. 

F. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

This rule imposes no regulatory 

requirements or costs on any Tribal 

government. It does not have substantial 

direct effects on Tribal governments, on 

the relationship between the federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the federal 

government and Indian tribes, as 

specified in Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000). 

G. Executive Order 13045 (Protection of 

Children From Environmental Health 

and Safety Risks) 

This rule is not subject to E.O. 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997) 

because it is not economically 

significant and EPA has no reason to 

believe the environmental health or 

safety risks addressed by this action 

present a disproportionate risk to 

children. 

H. Executive Order 13211 (Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use) 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act of 1995 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply because this rule 

does not involve technical standards. 


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Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53143 

J. Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations) 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule does not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. EPA approved 

Pennsylvania’s antidegradation policy, 

which is consistent with 40 CFR 

131.12(a) and provides the same level of 

protection as the federally promulgated 

antidegradation policy. This rule 

withdraws a redundant antidegradation 

policy. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2) and will be 

effective on December 15, 2008. 

List of Subjects in 40 CFR Part 131 

Environmental protection, 

Antidegradation, Water quality 

standards. 

Dated: September 9, 2008. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 131—WATER QUALITY 

STANDARDS 

■ 1. The authority citation for part 131 

continues to read as follows: 

Authority: 33 U.S.C. 1251 et seq. 

§ 131.32 [Removed and Reserved] 

■ 2. Section 131.32 is removed and 

reserved. 

[FR Doc. E8–21464 Filed 9–12–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0011; FRL–8715–1] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final Notice of Deletion of 

the Berks Landfill Superfund Site from 

the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region III is publishing a 

direct final Notice of Deletion of the 

Berks Landfill Superfund Site (Site), 

located in Spring Township, Berks 

County, Pennsylvania, from the 

National Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

Appendix B of 40 CFR part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). This direct final deletion is being 

published by EPA with the concurrence 

of the Commonwealth of Pennsylvania 

(Commonwealth), through the 

Pennsylvania Department of 

Environmental Protection (PADEP), 

because EPA has determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under CERCLA. 

DATES: This direct final deletion is 

effective November 14, 2008, unless 

EPA receives adverse comments by 

October 15, 2008. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1989–0011, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: matzko.kristine@epa.gov. 

• Fax: 215–814–3002, Attn: Kristine 

Matzko (3HS21) 

• Mail: EPA Region III, Attn: Kristine 

Matzko (3HS21), 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

• Hand delivery: EPA Region III, Attn: 

Kristine Matzko (3HS21), 1650 Arch 

Street, Philadelphia, Pennsylvania 

19103. Such deliveries are only 

accepted during business hours, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–1989– 

0011. 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 the 

hard copy. Publicly available docket 


jlentini on PROD1PC65 with RULES