|
<br />51408
<br />
<br />Federal Regi~ler I Vol. 48. No. 217 I Tuesday. November 8. 1983 I Rules and Regulations
<br />I
<br />
<br />r-
<br />OO
<br />W
<br />,.p;.
<br />
<br />standards accordingly. Prd,cedures
<br />States establish for identiftingand
<br />reviewing water hodi,cs fo~ review
<br />should be incorporated into their
<br />Continuing Planning Proce$8.
<br />(b) Public Portioipotion: The State
<br />shall hold a public hearing !for the
<br />purpose of reviewing water quality
<br />standards, in accordance with
<br />provisiona of State law. EPNs water
<br />quality management regula,tion (40 CFR
<br />130,3(b)(0)] and public partlcipation
<br />regulation (40 CFR Part 25). The
<br />proposed water quality standards
<br />revision and supporting analyses shall
<br />be made available to the public prior to
<br />the hearing.
<br />(c) Submittal to BPA: The State shall
<br />submit the results of the review, 'any
<br />supporting analysis for the bae
<br />attainability analysis. the m;ethodologies
<br />used for site-specific criteria
<br />development. any general p~licies
<br />applicable to water quality ~tandard.
<br />and any revisions of the staildards to
<br />the Regional Administrator for review
<br />and approval. within 30 days of the final
<br />State action to adopt and certify the
<br />revised standardl or if no, revisions are
<br />made as a result of thesevielv, within 30
<br />deys of the completion of the review.
<br />f 131.21 EPA review end epprovel of water
<br />, quality atendards.
<br />(a) After the State submits!ils
<br />officially adopted revlaions, the
<br />Regional Administrator shall eithar:
<br />(1) notify the State within 60 days that
<br />the revisions afe approved, or
<br />'(2) notify the Stata within l!O days that
<br />the revisions afe disapproved. Such
<br />notification of disapproval s~all apecify
<br />the changes needed to assur~
<br />compliance with the requirerdents of the
<br />Act and this regulation. and.ihall
<br />explain why the State standard is not In
<br />compliance with such requiremenJs. Any
<br />new or revised State slal1dard must be
<br />accompanied by 80m~ type of
<br />supporting analysis.
<br />(b) The Regional Administrator's
<br />approval or disapproval-of 8 State ~ater
<br />quality atandard shall be basad on the
<br />requirements of the Act 88 described in
<br />u 131.5. and 131.0.
<br />(c) A State water quality stsndard
<br />remains in effect, even though_
<br />disapproved by EPA. until the, State
<br />revises it or EPA proniu,lgates 'a rule that
<br />supersedes the State water qu~1ity
<br />standard,
<br />(d) EPA sball. at least annuslly.
<br />publish in the Federal Registe. a nolice
<br />of approvals under this section.
<br />~ 131.22 EPA promulgation of wetar
<br />quality alend.rda. ' ,
<br />(a) If the State does not adopt the
<br />,changes specified by the Regional
<br />
<br />j;" i
<br />
<br />Administrator within 90 days after
<br />notification of the Regional
<br />Administrator's disapproval. the
<br />Administrator shall promptly propose
<br />and promulgate such standard.
<br />(b) The Administrator may also
<br />propose and promuJgate a regulation.
<br />applicable. to one or more States. setting
<br />forth a new or revised standard upon
<br />determining such a standard is .
<br />necessary to meet the requirements of
<br />the Act.
<br />(c) In promulgating water qUHlity
<br />standards. the Administrator is subject
<br />to the same policies, pronedures,-
<br />analyses, and public participation'
<br />requirements established for States in
<br />these regulations.
<br />
<br />~~ 120.12 and 120.34 [Redaalgnated ae
<br />~~ 131.31 and 131.331
<br />
<br />4B, Sections 120,12 and 120,34 are
<br />redesignated aa n 131,31 and 131,33
<br />respectively and constitute Subpart D, of
<br />new Part 131. The heading of new,
<br />U31.31 is revised to read "U31,31
<br />Arizona". The t,able ,of contents for new
<br />Subpart D is set forth below:
<br />
<br />Subpar!' D-Fadarally Promulgated Watar
<br />Quality Slandarda
<br />131.31 Arizona
<br />131.33 Mississippi.
<br />Authority: Cloan Water Act. Pub. L. 92-500,
<br />8S amended: 33 U.S.C. 1251. et s~q.
<br />
<br />5. The heading for Part120 Is removed
<br />and relJ.erved.
<br />[Note.-Appendix A will not appear in the
<br />CPR.l . ,
<br />
<br />Appendix A-Response to Public
<br />Comments
<br />
<br />The public comments and statements
<br />submitted to EPA on the proposed
<br />Water Quality Standards Regulation
<br />before the close of the comment period
<br />are summarized in a separate
<br />publication. "Summary of Public
<br />Comments on the Proposed Water
<br />Quality Standards Regulation." March
<br />11. 1983. Limited numbers of the
<br />Summary are available from Devid K.
<br />Sabock at the address listed under
<br />FOR FURTHER INFORMATION CONTACT.
<br />
<br />This appendix describes EPA's
<br />response .to the recomnleridations for
<br />changes in the proposed Regulation.
<br />Similar recommendations have been
<br />grouped together, Major additions and
<br />- ,deletions made in the Rule in response
<br />to public comments are described In
<br />'greater detail in the Preamble, Subjects
<br />discussed in the Preamble. along with
<br />EPA's.rationale for'accepting or
<br />rejecting the publies sUggestions
<br />include: commitment to the goals oUhe
<br />Clean Water Aot. changes in uses '
<br />(including comments on benefit-cost
<br />assessments),: crite~ia, the
<br />
<br />antidegradation policy. genera'l policies_,
<br />and State review.
<br />
<br />Definjtion~
<br />
<br />Several commehters asked what
<br />waters were Included in the Slandards
<br />program. We changed the, tel'm
<br />"navigable waters" to "waters of the
<br />UnHed States" in the Regulation to
<br />avoid confusion. The CW A defines
<br />"navigable waters" as "waters ofthe
<br />United 'States," a broader. class of
<br />waters than considered "navigable"
<br />under some other statutes.
<br />A number of recommendations were
<br />made to improve the sedes of
<br />. definitions relating to tises. The te.fIl1s
<br />"uses" and "attaiit" were removedJroril
<br />the list of definitions as being .
<br />unnecessary to derme. A definition of
<br />"Use Attainsbility Analysis" waa added,
<br />as a means of providing 8 common,basis
<br />for understan-9.ing this analysis. This
<br />,definition is derived from the language
<br />of the existing Regulation. The
<br />recommendation that the definition of
<br />"water quality liinited segment" be'
<br />moved from the 'Preamble of the
<br />proposed Rule to the definition section
<br />of the final Rule was accepted,The
<br />definition is important to unde1'8tanding
<br />certain proviaions of the Rule and Ia.
<br />therefore. logically part of the Rule.
<br />Several suggestions were offered
<br />regarding the definition of, ",criteria"
<br />which resulted in tha addition of "or '
<br />narrative statement" after .
<br />"concentration or level" and the
<br />deletion of the final sentence to remove
<br />the erroneous iniplicalionJhatonly
<br />numerical values maybe established,
<br />However; we rejected the suggestion
<br />that we Include in the definition of
<br />criteria a-statement ,that.criteria are"
<br />purely scientific determinations and'do
<br />not consider the availability of
<br />treatment technology or the costs or
<br />eCOll1omic impact of,such treatment
<br />requirements, because to do so would be
<br />misleading. Section 304(a) criteria
<br />developed by EPA are purely scientific
<br />,determinations. published as guidance
<br />for the State's use. They are' not
<br />enforceable. Criteria adopted as part of
<br />State water quality standards are set
<br />taking into consideration ~he protectihn '
<br />of a particular designated use. and thus
<br />may indirectly. reflect 8 judgment 88 to
<br />the availability of treatment
<br />technologies needed to attain that use
<br />and the associated economic impacts.
<br />Such criteria, adopted as part of a State
<br />standard. are enforceable. .
<br />
<br />State Review of Water'Quality
<br />Standards
<br />
<br />There was coiu;iderable public
<br />comment on the subject of State .Revil1w
<br />
<br />
<br />,
<br />,
<br />
<br />l!J-i,,'
<br />
|