[Federal Register: August 19, 2008 (Volume 73, Number 161)]
[Rules and Regulations]
[Page 48300-48305]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au08-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 131
[EPA-HQ-OW-2008-0495; FRL-8706-7]
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: Direct final rule.
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SUMMARY: EPA is taking 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, because this provision is
no longer necessary with the withdrawal of the Federal water quality
standards designating these uses.
DATES: This rule is effective on November 17, 2008 without further
notice, unless EPA receives adverse comment by September 18, 2008. If
EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect.
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 online 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
[[Page 48301]]
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 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. 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: 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 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.
I. Why EPA Is Using a Direct Final Rule
EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment 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. However, in the ``Proposed Rules''
section of today's Federal Register, we are publishing a separate
document that will serve as the proposed rule to withdraw the Federal
water quality standards for these uses if adverse comments are received
on 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, 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.
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
[[Page 48302]]
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:
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Examples of potentially affected
Category entities
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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.
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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.
III. What To Consider in Preparing Comments for EPA
A. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
IV. Background
On July 31, 1997, pursuant to section 303(c) of the Clean Water Act
(CWA), EPA promulgated water quality standards for Idaho, which
designated several water body segments for cold water biota use. These
segments included: A segment of the Blackfoot River, then identified as
USB 360--Equalizing Dam to mouth (with the exception of any portion in
Indian country); a segment of Canyon Creek (segment PB 121)--below
mining impact; a segment of South Fork Coeur d'Alene River (segment PB
140S)--Daisy Gulch to mouth; and Soda Creek (segment BB 310)--source to
mouth.
A. Blackfoot River: In March 2000, the Idaho Legislature adopted
revised water quality standards, providing an undesignated use for the
segment of the Blackfoot River that the Federal rule addressed (IDAPA
58.01.02.150.09). 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). Given the flow
limitations on the Blackfoot River segment, IDEQ removed the aquatic
life use designation of ``Protected for Future Use'' from the Blackfoot
River segment and left the use undesignated so that a more appropriate
aquatic use designation may be described and added to Idaho water
quality standards in the future. As described in the undesignated
surface waters provision (IDAPA 58.01.02.101.01a), 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. As EPA stated in its approval letter of August 22, 2006, EPA
considers Idaho's revision to provide a default cold water aquatic life
use designation for the Blackfoot River segment, except for any portion
in Indian country. EPA would consider any change in the level of
protection afforded to the Blackfoot River segment to be a revision to
Idaho's water quality standards, subject to EPA review pursuant to 40
CFR part 131. The water quality standards revision also included a
reformatting and renumbering of the Water Body/Basin Designation Tables
and the segment of the Blackfoot River previously identified as USB 360
(Equalizing Dam to mouth) was renumbered to U.S.-1 (Fort Hall Main
Canal diversion to mouth), which is within the Blackfoot Subbasin of
the Upper Snake Basin. Thus, cold water aquatic life criteria now apply
to the U.S.-1 segment of the Blackfoot River, which was formerly
identified as USB 360. EPA approved Idaho's revision, except for any
portion in Indian country, on August 22, 2006. The 1997 promulgation
establishing the Federal water quality standards designating uses for
Blackfoot River did not apply to waters in Indian country; likewise,
EPA's approval of the state's designated use for Blackfoot River
excludes waters in Indian country.
B. Canyon Creek and South Fork Coeur d'Alene River: On March 15,
2002, the Idaho Legislature adopted revised water quality standards,
including the cold water biota designated use for Canyon Creek, which
was previously identified as PB 121 (below mining impact) and is now
renumbered and renamed segment P-14 (from and including Gorge Gulch to
mouth); and South Fork Coeur d'Alene River, which was previously
identified as segment PB 140S and is now renumbered and includes two
segments: segment P-1 (Canyon Creek to mouth) and segment P-11 (from
and including Daisy Gulch to Canyon Creek) (IDAPA 58.01.02.110.09).
Canyon Creek and the South Fork Coeur d'Alene River are within the
South Fork Coeur d'Alene River Subbasin of the Panhandle Basin. Canyon
Creek in its entirety, including segments P-14 (from and including
Gorge Gulch to mouth) and P-15 (source to Gorge Gulch), is designated
for cold water biota. The South Fork Coeur d'Alene River is also
designated for cold water biota use in its entirety; the South
[[Page 48303]]
Fork Coeur d'Alene River upstream of Daisy Gulch (segment P-13 source
to Daisy Gulch) was already designated as a cold water biota use. When
the State first established its water quality standards, it included
the phrase ``below mining impact'' to identify a number of stream
segments in order to account for the lingering adverse environmental
effects of numerous abandoned mines in the State. EPA recognized the
concerns of the State and used the same terminology in its promulgation
of Federal standards on July 31, 1997. EPA approved Idaho's revisions
on June 24, 2005.
C. Soda Creek: In March 2006, the Idaho Legislature adopted revised
water quality standards, removing the use designation of ``NONE'' and
providing an undesignated use for Soda Creek. 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). Soda Creek had been identified as segment BB 310
(source to mouth) and is now renumbered and includes three segments:
segments B-23 (Soda Creek Reservoir Dam to Alexander Reservoir), B-24
(Soda Creek Reservoir), and B-25 (source to Soda Creek Reservoir) in
the South Fork Clearwater Subbasin of the Clearwater Basin (IDAPA
58.01.02.160.02). IDEQ initially proposed that Soda Creek be designated
for coldwater aquatic life use. However, due to a lack of data,
particularly water temperature records, showing that cold water aquatic
life criteria were met, Soda Creek was left undesignated. As described
in the undesignated surface waters provision (IDAPA 58.01.02.101.01a),
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. EPA approved Idaho's revision on August 15, 2006. As EPA
stated in this approval letter, EPA considers Idaho's revision to
provide a default cold water aquatic life use designation for Soda
Creek. EPA would consider any change in the level of protection
afforded to Soda Creek to be a revision to Idaho's water quality
standards, subject to EPA review pursuant to 40 CFR part 131.
D. EPA-approved Use Designations and Criteria: For Blackfoot River
(US-1) and Soda Creek (B-23, B-24, and B-25), the State now applies an
undesignated use that is practically equivalent to the aquatic life use
established by EPA in its July 31, 1997, rulemaking because cold water
biota criteria apply. Specifically, Idaho's undesignated surface waters
provision states (IDAPA 58.01.02.101):
``Surface waters not designated in Sections 110 through 160
shall be designated according to Section 39-3604, Idaho Code, taking
into consideration the use of the surface water and such physical,
geological, chemical, and biological measures as may affect the
surface water. Prior to designation, undesignated waters shall be
protected for beneficial uses, which includes all recreational use
in and on the water and the protection and propagation of fish,
shellfish, and wildlife, wherever attainable.
a. Because [IDEQ] presumes most waters in the state will support
cold water aquatic life and primary or secondary contact recreation
beneficial uses, [IDEQ] will apply cold water aquatic life and
primary or secondary contact recreation criteria to undesignated
waters unless Sections 101.01.b and 101.01c. are followed.
b. During the review of any new or existing activity on an
undesignated water, [IDEQ] may examine all relevant data or may
require the gathering of relevant data on beneficial uses; pending
determination in Section 101.01.c. existing activities will be
allowed to continue.
c. If, after review and public notice of relevant data, it is
determined that beneficial uses in addition to or other than cold
water aquatic life and primary or secondary contact recreation are
appropriate, then [IDEQ] will:
i. Complete the review and compliance determination of the
activity in context with the new information on beneficial uses, and
ii. Initiate rulemaking necessary to designate the undesignated
water, including providing all necessary data and information to
support the proposed designation.''
For Canyon Creek (P-14) and South Fork Coeur d'Alene River (P-1 and P-
11), the State now applies an aquatic life use designation that is the
same as the one established by EPA in its July 31, 1997 rulemaking
(``cold water biota''). Therefore, withdrawing the Federal water
quality standards designating these uses will not result in a change in
the level of protection afforded to Soda Creek, Canyon Creek, South
Fork Coeur d'Alene River, or Blackfoot River.
EPA's action to remove the federal water quality standards that
designated uses for Soda Creek and portions of Canyon Creek, South Fork
Coeur d'Alene River, and Blackfoot River does not change the water
quality criteria that apply to these water bodies. Idaho's water
quality criteria that provide protection for the cold water aquatic
life use are found in several sections of Idaho's water quality
standards. Specifically, the general surface water criteria applicable
to all surface waters in Idaho are provided in IDAPA 58.01.02.200, and
numeric criteria for toxic substances for waters designated for aquatic
life use apply per IDAPA 58.01.02.210a. IDAPA 58.01.02.250 provides
additional aquatic life criteria applicable to the segments from which
the federal water quality standards are being withdrawn, including
general criteria for pH and dissolved gas that apply to all aquatic
life use designations (IDAPA 58.01.02.250.01), as well as cold water
criteria for dissolved oxygen, temperature, ammonia (acute and
chronic), and turbidity that apply to waters designated for cold water
aquatic life (IDAPA 58.01.02.250.02).
E. Water Quality Standards Variance: In promulgating Federal water
quality standards designating uses for Idaho waters, EPA also included
a water quality standards variance provision (40 CFR 131.33(d))
authorizing the EPA Region 10 Regional Administrator to grant variances
from the Federal water quality standards that designated the cold water
biota uses. Because today's rule removes the Federal water quality
standards designating these uses, provision 40 CFR 131.33(d) is no
longer necessary and is also withdrawn with this action. Idaho has
adopted its own water quality standards variance provision (IDAPA
58.01.02.260), which was approved by EPA on June 25, 1996.
V. Statutory and Executive Order Reviews
Executive Order 12866 (Regulatory Planning and Review)
This action withdraws Federal requirements applicable to Idaho and
imposes no regulatory requirements on any person or entity, 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.
The action imposes no additional cost on the regulated community
because it will not change the level of environmental protection
already achieved. The rule imposes only minimal additional effort on
the State of Idaho as the regulator, because entities seeking variances
from use designations will now apply to the state instead of to EPA.
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 review under
the Executive Order.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.),
because it is administratively withdrawing Federal requirements that no
longer need to apply to Idaho. Burden is defined at 5 CFR 1320.3(b).
[[Page 48304]]
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.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of this action on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
This rule 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.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA), Public Law
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. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
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. 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.
Executive Order 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations 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 government.''
This rule does not have federalism implications. It 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. This rule imposes no regulatory
requirements on any State, Tribal, or local government. The rule
imposes only minimal additional effort on the State of Idaho as the
regulator, because entities seeking variances from use designations
will now apply to the state instead of to EPA. Thus, Executive Order
13132 does not apply to this rule.
Executive Order 13175 (Consultation and Coordination With Indian Tribal
Governments)
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications, as specified in Executive Order 13175. It 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. Thus, Executive Order 13175 does not
apply to this rule.
Executive Order 13045 (Protection of Children From Environmental Health
and Safety Risks)
This rule is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant as defined in Executive Order 12866, and EPA has no reason
to believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children.
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.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
[[Page 48305]]
when the Agency decides not to use available and applicable voluntary
consensus standards.
This action does not involved technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
Executive Order 12898 (Federal Actions To Address Environmental Justice
in Minority Populations and Low-Income Populations)
Executive Order 12898 (59 FR 7629, February 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 direct final rule will 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.
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 November 17, 2008.
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.
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For the reasons set forth in the preamble, 40 CFR part 131 is amended
as follows:
PART 131--WATER QUALITY STANDARDS
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1. The authority citation for part 131 continues to read as follows:
Authority: 33 U.S.C. 1251 et seq.
Sec. 131.33 [Amended]
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2. Section 131.33 is amended by removing and reserving paragraph (b)
and by removing paragraph (d).
[FR Doc. E8-19201 Filed 8-18-08; 8:45 am]
BILLING CODE 6560-50-P