Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 27535 

Pursuant to 40 CFR 172.11(a), the 

Agency has determined that the 

following EUP application may be of 

regional and national significance, and 

therefore is seeking public comment on 

the EUP application: 

Submitter: Dow AgroSciences, 

(62719–EUP–AE). 

Pesticide Chemical: Sulfuryl fluoride. 

Summary of Request: Dow 

AgroSciences is requesting an EUP for 

sulfuryl fluoride, a pesticide fumigant. 

The product is intended to be applied 

as a pre-plant soil fumigant to areas 

where tomato, pepper, squash, and 

cucurbits are typically grown. The 

proposed EUP program would be 

initiated on August 1, 2009 and 

finalized on August 1, 2012. The 

amount of pesticide product proposed 

for use is 32,500 lbs of the product, 

which equals 32,435 lbs of the active 

ingredient. The total proposed acreage is 

65 acres. The states in which the 

proposed program will be conducted 

include California, Florida, Georgia, and 

Texas. 

A copy of the application and any 

information submitted is available for 

public review in the docket established 

for this EUP application as described 

under ADDRESSES. 

Following the review of the 

application and any comments and data 

received in response to this solicitation, 

EPA will decide whether to issue or 

deny the EUP request, and if issued, the 

conditions under which it is to be 

conducted. Any issuance of an EUP will 

be announced in the Federal Register. 

List of Subjects 

Environmental protection, 

Experimental use permits. 

Dated: May 29, 2009. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. E9–13475 Filed 6–9–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2008–0553; FRL–8913–6] 

Notice of Availability of National 

Recommended Water Quality Criteria 

for Acrolein and Phenol 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability of updated 

water quality criteria for acrolein and 

phenol. 

SUMMARY: Pursuant to section 304(a) of 

the Clean Water Act (CWA), the 

Environmental Protection Agency (EPA) 

is announcing the availability of 

updated national recommended water 

quality criteria for the protection of 

human health for acrolein and phenol. 

These criteria are based on EPA’s 

Methodology for Deriving Ambient 

Water Quality Criteria for the Protection 

of Human Health (2000), EPA–822–B– 

00–004 (2000 Human Health 

Methodology) and supercede criteria for 

these chemicals previously published 

by EPA. EPA’s recommended section 

304(a) water quality criteria are 

guidance to States and authorized 

Tribes in adopting water quality 

standards for protecting human health 

and provide guidance to EPA for 

promulgating Federal regulations under 

CWA section 303(c), when such action 

is necessary. 

ADDRESSES: Copies of documents 

specifically referenced in this notice are 

in Docket ID No. EPA–HQ–OW–2008– 

0553. Materials in the public docket are 

available for public viewing at the Water 

Docket in the EPA Docket Center, (EPA/ 

DC) EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA Docket Center 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, and the telephone 

number for the Office of Water Docket 

is (202) 566–2426. A reasonable fee will 

be charged for copies. An electronic 

version of the public docket is available 

through EPA’s electronic public docket 

and comment system at http:// 

www.regulations.gov. Once in the 

system, select ‘‘search,’’ then key in the 

appropriate docket identification 

number. 

FOR FURTHER INFORMATION CONTACT: 

Heidi L. Bethel, Health and Ecological 

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

Ariel Rios Building, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; (202) 

566–2054; bethel.heidi@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Interested Entities 

Entities potentially interested in 

today’s notice are those that produce, 

use, or regulate acrolein or phenol. 

Categories and entities interested in 

today’s notice include: 

Category Examples of interested entities 

States, Authorized Tribes and Jurisdictional Governments. ..................... NPDES Authorized States, Tribes and Jurisdictions. 

Industry ..................................................................................................... Industries discharging pollutants to surface waters or to publicallyowned treatment works discharging pollutants to surface waters. 

Municipalities ............................................................................................. Publically-owned treatment works discharging pollutants to surface waters. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

interested in this notice. This table lists 

the types of entities that EPA is now 

aware could potentially be interested in 

this notice. Other types of entities not 

listed in the table could also be 

interested. 

B. How Can I Get Copies of the National 

Recommended Water Quality Criteria 

for the Protection of Human Health and 

Other Related Information? 

1. Docket. EPA established an official 

public docket for this notice under 

Docket ID No. EPA–HQ–OW–2008– 

0553. The official public docket consists 

of the documents specifically referenced 

in this notice, any public scientific 

views received, and other information 

related to this announcement. Although 

a part of the official docket, the public 

docket does not include Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

Water Docket in the EPA Docket Center, 

(EPA/DC) EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA Docket Center 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, and the telephone 

number for the Office of Water Docket 


erowe on PROD1PC63 with NOTICES
27536 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 

is (202) 566–2426. A reasonable fee will 

be charged for copies. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. An 

electronic version of the public docket 

is available through EPA’s electronic 

public docket and comment system. 

You may access EPA Dockets at 

https://www.regulations.gov to access 

the index listing of the contents of the 

official public docket, and to access 

those documents in the public docket 

that are available electronically. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in section B.1. Once 

in the system, select ‘‘search,’’ then key 

in the appropriate docket identification 

number. 

II. Background Information 

A. What Are Human Health Water 

Quality Criteria? 

Human health water quality criteria 

are numeric values that describe 

ambient water concentrations that 

protect human health from the harmful 

effects of pollutants in ambient water. 

These criteria are developed under 

CWA section 304(a) and are based solely 

on data and scientific judgments about 

the relationship between pollutant 

concentrations and environmental and 

human health effects. Human health 

water quality criteria do not reflect 

consideration of economic impacts or 

the technological feasibility of meeting 

the chemical concentrations in ambient 

water. CWA section 304(a)(1) requires 

EPA to develop and publish and, from 

time to time, revise criteria for water 

quality that accurately reflect the latest 

scientific knowledge. EPA’s 

recommended section 304(a) water 

quality criteria provide guidance to 

States and authorized Tribes in adopting 

water quality standards for protection of 

human health. The criteria also provide 

guidance to EPA when promulgating 

Federal regulations under CWA section 

303(c), when such action is necessary. 

They 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 

may differ from these recommendations 

and reflect State-specific circumstances. 

B. What Are the Criteria Revisions? 

Today, EPA is publishing an update 

of national recommended water quality 

criteria (NRWQC) for protecting human 

health for acrolein and phenol. 

Information regarding these criteria 

updates was published in a Federal 

Register (FR) Notice (73 FR 53246; 

September 15, 2008) announcing the 

availability of the draft criteria for 

acrolein and phenol. In that notice, 

information on how to submit scientific 

views on the criteria updates was also 

provided. The FR Notice contained 

information regarding the criteria 

revision process; the relationship 

between the water quality criteria and 

State or Tribal water quality standards; 

the status of existing recommended 

criteria while criteria are under revision; 

and the location of additional 

information about water quality criteria 

and water quality standards. 

These criteria are based on EPA’s 

Methodology for Deriving Ambient 

Water Quality Criteria for the Protection 

of Human Health (2000), EPA–822–B– 

00–004 (2000 Human Health 

Methodology). This methodology 

describes the Agency’s current approach 

for deriving national recommended 

water quality criteria to protect human 

health. 

The revision of these criteria 

represents a partial update of the 304(a) 

criteria as described in the FR Notice 

that accompanied the 2000 Human 

Health Methodology (65 FR 66443; 

November 3, 2000). EPA believes that 

updating a limited number of 

components for which there are 

available data or improved science (i.e., 

a partial update) is a reasonable and 

efficient means of publishing revised 

304(a) criteria more frequently. EPA has 

also previously described its process for 

publishing revised criteria [see National 

Recommended Water Quality Criteria; 

Notice; Republication (63 FR 68354; 

December 10, 1998 or EPA 822–Z–99– 

001) and National Recommended Water 

Quality Criteria; Notice; Republication; 

Correction (64 FR 19781; April 22, 1999) 

or the Federal Register Notice for the 

2000 Methodology]. EPA indicated that 

when making minor revisions to 

existing criteria based on new 

information pertaining to individual 

components of the criteria, it would 

typically publish the recalculated 

criteria directly as the Agency’s national 

recommended water quality criteria. 

The criteria for acrolein and phenol 

are being updated with reference dose 

(RfD) values from EPA’s Integrated Risk 

Information System (IRIS) (http:// 

www.epa.gov/iris). No other 

components of the criteria calculation 

have changed. Because recalculation of 

these two criteria resulted in significant 

changes, EPA published them in draft 

form in the Federal Register (73 FR 

53246; September 15, 2008) and 

accepted scientific views for 45 days. 

However, EPA did not intend to subject 

this recalculation to additional peer 

review because the IRIS reference doses 

being updated in this partial criteria 

update have been previously peer 

reviewed. EPA did not receive any 

scientific views on these revisions. 

Therefore, these criteria are being 

published as final and will supersede 

any criteria previously published for 

acrolein and phenol by EPA. The 

criteria being published are listed in the 

tables below along with the updated 

IRIS values which are being changed. In 

the Federal Register Notice (73 FR 

53246; September 15, 2008) announcing 

the draft criteria revisions for acrolein 

and phenol, EPA inadvertently failed to 

follow the Agency’s 2000 Human Health 

Methodology when rounding two of the 

criteria values for phenol. The guidance 

specifies that the number of significant 

figures at the end of the criterion 

calculation should be rounded to the 

number of significant figures in the least 

precise input parameter for the 

calculation. The correct values have 

been included in the tables below: 

TABLE 1—FINAL NATIONAL

RECOMMENDED WATER QUALITY

CRITERIA FOR ACROLEIN

Acrolein Updated criteria 

IRIS RfD ............... 0.0005 mg/(kg-d) (published 6/03) 

(http://www.epa.gov/ 

ncea/iris/subst/ 

0364.htm) 

Water + Organisms.6 μg/l 

Organisms Only ... 9 μg/l 

TABLE 2—FINAL NATIONAL

RECOMMENDED WATER QUALITY

CRITERIA FOR PHENOL

Phenol Updated criteria 

IRIS RfD .................... 0.30 mg/(kg-d) (published 9/02) 

(http://www.epa.gov/ 

ncea/iris/subst/ 

0088.htm) 

Water + Organisms ... 10,000 μg/l 

Organisms Only ......... 860,000 μg/l 

Dated: May 27, 2009. 

Ephraim S. King, 

Director, Office of Science and Technology. 

[FR Doc. E9–13600 Filed 6–9–09; 8:45 am] 

BILLING CODE 6560–50–P 


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