[Federal Register Volume 66, Number 30 (Tuesday, February 13, 2001)]
[Rules and Regulations]
[Pages 9960-9962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3617]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[FRL -6941-1]
RIN 2040-AC44


Water Quality Standards; Establishment of Numeric Criteria for 
Priority Toxic Pollutants for the State of California; Correction

AGENCY: Environmental Protection Agency.

ACTION: Final Rule; correction.

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SUMMARY: This document contains corrections to a final rule, Water 
Quality Standards; Establishment of Numeric Criteria for Priority Toxic 
Pollutants for the State of California, also know as the California 
Toxics Rule, which was published in the Federal Register on Thursday, 
May 18, 2000 (65 FR 31682). The California Toxics Rule promulgated 
numeric aquatic life and human health criteria for priority toxic 
pollutants and a compliance schedule provision which authorizes the 
State to issue schedules of compliance for new or revised National 
Pollutant Discharge Elimination System permit limits based on the 
federal criteria when certain conditions are met.

EFFECTIVE DATE: This action is effective February 13, 2001.

ADDRESSES: The administrative record for the final rule is available 
for public inspection at the U.S. Environmental Protection Agency, 
Region 9, Water Division, 75 Hawthorne Street, San Francisco, 
California 94105, between the hours of 8 a.m. and 4:30 p.m. For access 
to the administrative record, call Diane E. Fleck, P.E., Esq. at (415) 
744-1997 for an appointment. A reasonable fee will be charged for 
photocopies.

FOR FURTHER INFORMATION CONTACT: Diane E. Fleck, P.E., Esq. or Philip 
Woods, U.S. Environmental Protection Agency, Region 9, Water Division, 
75 Hawthorne Street, San Francisco, California 94105, (415) 744-1984 or 
(415) 744-1997, respectively.

SUPPLEMENTARY INFORMATION: On May 18, 2000, EPA published a final rule 
in the Federal Register titled Water Quality Standards; Establishment 
of Numeric Criteria for Priority Toxic Pollutants for the State of 
California (see 65 FR 31682) that contained typographical errors. These 
typographical errors consisted of omission of units in the column 
headings to a table, inadvertent placement of a zero in one of the 
numeric criteria values, an oversight in the correct CAS number for a 
pollutant, and the incorrect placement of a parameter in a formula. 
This action corrects those typographical errors. These corrections are 
all minor in nature and do not substantively alter the final rule.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because this action merely 
corrects typographical errors in a rule that already went through 
public notice and comment. Furthermore, the corrections in today's rule 
are all minor in nature and do not substantively alter the final rule. 
Thus, notice and public procedure are unnecessary. EPA finds that this 
constitutes good cause under 5 U.S.C. 553(b)(B).
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedure Act or any other statute, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does not significantly or uniquely affect 
the communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not 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 government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant. This technical correction 
action does not involve technical standards; thus, 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. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's compliance with 
these statutes and Executive Orders for the underlying rule is 
discussed in the May 18, 2000, Federal Register notice (65 FR 31682).
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefor, and established an effective date of February 13, 
2001. 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. This action is not

[[Page 9961]]

a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 131

    Environmental protection, Intergovernmental relations, Reporting 
and recordkeeping requirements, water pollution control.

    Dated: January 19, 2001.
J. Charles Fox,
Assistant Administrator, Office of Water.

    For the reasons set out in the preamble, part 131 of chapter 1 of 
title 40 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.

Subpart D--[Amended]

    2. Section 131.38 is amended:
    a. In the table to paragraph (b)(1) under the column heading for 
``B Freshwater'' by revising the column headings for ``Criterion 
Maximum Concentration'' and ``Criterion Continuous Concentration''.
    b. In the table to paragraph (b)(1) under the column heading for 
``C Saltwater'' by revising the column headings for ``Criterion Maximum 
Concentration'' and ``Criterion Continuous Concentration''.
    c. Revising entry ``23.'' to the table in paragraph (b)(1).
    d. Revising entry ``67.'' to the table in paragraph (b)(1).
    e. Revising paragraph (b)(2)(ii).
    The revisions read as follows:


Sec. 131.38  Establishment of Numeric Criteria for priority toxic 
pollutants for the State of California.

* * * * *
    (b)(1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  A                                          B  Freshwater               C  Saltwater           D  Human health (10<SUP>-6</SUP>)
----------------------------------------------------------------------------------------------------------------------------- risk for carcinogens)  For
                                                                                                                                    consumption of:
                                                                        Criterion     Criterion     Criterion     Criterion  ---------------------------
                                                                         maximum      continous      maximum     continious      Water &      Organisms
                       # Compound                        CAS  number      conc.         conc.         conc.         conc.       organisms       only
                                                                      (<greek-m>g/  (<greek-m>g/  (<greek-m>g/  (<greek-m>g/  (<greek-m>g/  (<greek-m>g/
                                                                         L)<SUP>d</SUP>  B1       L)<SUP>d</SUP>  B2       L)<SUP>d</SUP>  C1       L)<SUP>d</SUP>  C2       L)  D1        L)  D2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                  *                  *                  *                  *                  *                  *                  *
23. Chlorodibromomethane...............................       124481  ............  ............  ............  ............      <SUP>a,c</SUP> 0.41       <SUP>a,c</SUP> 34
                  *                  *                  *                  *                  *                  *                  *
67. Bis(2-Chloroisopropyl)Ether........................       108601  ............  ............  ............  ............       <SUP>a</SUP> 1,400  <SUP>a,t</SUP> 170,000
                  *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Footnotes to table in Paragraph (b)(1):
*                  *                  *                  *                  *                  *                  *
<SUP>a</SUP> Criteria revised to reflect the Agency q1* or RfD, as contained in the Integrated Risk Information System (IRIS) as of October 1, 1996. The fish
  tissue bioconcentration factor (BCF) from the 1980 documents was retained in each case.
<SUP>c</SUP> Criteria are based on carcinogenicity of 10<SUP>-6</SUP> risk.
<SUP>d</SUP> Criteria Maximum Concentration (CMC) equals the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time
  without deleterious effects. Criteria Continuous Concentration (CCC) equals the highest concentration of a pollutant to which aquatic life can be
  exposed for an extended period of time (4 days) without deleterious effects. <greek-m>g/L equals micrograms per liter.
*                  *                  *                  *                  *                  *                  *
<SUP>t</SUP> These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR criteria apply include: Waters of
  the State defined as bays and estuaries including San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta; and
  waters of the State defined as inland (i.e., all surface waters of the State not bays or estuaries or ocean) without a MUN use designation. This
  section does not apply instead of the NTR for these criteria.

* * * * *

[[Page 9962]]

    (2) * * *
    (ii) CCC = WER x (Chronic Conversion Factor) x 
(exp{m<INF>c</INF>[ln(hardness)]+b<INF>c</INF>})
* * * * *
[FR Doc. 01-3617 Filed 2-12-01; 8:45 am]
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