Revision of National Recommended Water Quality Criteria

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: December 27, 2002 (Volume 67, Number 249)]
[Notices]
[Page 79091-79095]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de02-92]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-OW-7431-3]

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; revision of National Recommended Water
Quality Criteria.

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SUMMARY: EPA is publishing a revision of fifteen of its national
recommended water quality criteria for protecting human health,
developed pursuant to section 304(a) of the Clean Water Act (CWA or the
Act). This revision is a partial update based on EPA's new methodology
for deriving human health criteria. The fifteen criteria included in
this notice are: chlorobenzene; cyanide; 1,2-dichlorobenzene; 1,4-
dichlorobenzene; 1,1-dichloroethylene; 1,3-dichloropropene; endrin;
ethylbenzene; hexachlorocyclopentadiene; lindane; thallium; toluene;
1,2-transdichloroethylene; 1,2,4-trichlorobenzene; and vinyl chloride.
EPA is also announcing the availability of an updated national
recommended water quality criteria compilation. The updated compilation
is available on the Office of Science and Technology's website under
Criteria Table (see http://www.epa.gov/waterscience/humanhealth/). In
the updated compilation, EPA partially revised 83 national recommended
water quality criteria for protecting human health. The fifteen
criteria in today's Notice are not part of the updated compilation.
EPA's recommended water quality criteria provide guidance for States
and authorized Tribes to establish water quality standards under the
CWA to protect human health and aquatic life. Under the CWA, States and
authorized Tribes are to establish water quality standards to protect
designated uses. Such standards are used in implementing a number of
environmental programs, including

[[Page 79092]]

setting discharge limits in National Pollutant Discharge Elimination
System (NPSED) permits. Once established an EPA water quality criterion
does not substitute for the CWA or EPA's regulations; nor is it a
regulation itself. Thus, it cannot impose legally binding requirements
on the EPA, States authorized Tribes or the regulated community, and
might not apply to a particular situation based upon the circumstances.
State and Tribal decision-makers retain the discretion to adopt
approaches on a case-by-case basis that differ from EPA's guidance when
appropriate.

DATES: EPA will accept scientific views on the fifteen criteria
published in this notice until February 25, 2003. Scientific views
postmarked after this date may not receive the same consideration.

ADDRESSES: Comments may be submitted electronically, by mail or through
hand delivery/courier. Follow the detailed instructions as provided in
Section I of the SUPPLEMENTARY INFORMATION section. Electronic files
may be e-mailed to: OW-Docket@epa.gov. You should address comments by
mail to the Water Docket (MC-4101T), U.S. EPA, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, Attention Docket ID No. OW-2002-
0054. Instructions for couriers and other hand delivery are provided
below in Section I.B.3. The Agency will not accept facsimiles (faxes).
Send requests for copies of this Federal Register Notice to: U.S.
Environmental Protection Agency, National Service Center for
Environmental Publications, P.O. Box 42419, Cincinnati, Ohio 45242-
2419; telephone: 1-800-490-9198; fax: 513-489-8695. Alternatively, you
can find this Federal Register notice on EPA's web site at
http://www.epa.gov/fedrgstr/ on the Internet.

FOR FURTHER INFORMATION CONTACT: Cindy A. Roberts, Health and
Ecological Criteria Division (4304T), U.S. EPA, Ariel Rios Building,
1200 Pennsylvania Ave., NW., Washington, DC 20460; (202) 566-1124;
roberts.cindy@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies Of This Document and Other Related Information?

1. Docket. EPA has established an official public docket for this
action under Docket ID No. OW-2002-0054. The official public docket
consists of the documents specifically referenced in this action and
any scientific views received. 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 B102,
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.
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, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or read the
scientific views, 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. Once in the system, select
``search,'' then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute is not included in the official public docket.
EPA's policy is that copyrighted material will not be placed in EPA's
electronic public docket but will be available only in printed, paper
form in the official public docket. To the extent feasible, publicly
available docket materials will be made available in EPA's electronic
public docket. When a document is selected from the index list in EPA
Dockets, the system will identify whether the document is available for
viewing in EPA's electronic public docket. 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 I.A.1.
For scientific views, it is important to note that EPA's policy is
that scientific views, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the views
contain copyrighted material or other information whose disclosure is
restricted by statute. When EPA identifies a scientific view containing
copyrighted material, EPA will provide a reference to that material in
the version of the view that is placed in EPA's electronic public
docket. The entire printed scientific view, including the copyrighted
material, will be available in the public docket.
Scientific views submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Scientific views that are mailed or delivered to the Docket
will be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
For additional information about EPA's electronic public docket
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

B. How and To Whom Do I Submit My Scientific Views?

You may submit scientific views electronically, by mail or through
hand delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your views. Please ensure that your views are submitted
within the specified time period. Scientific views received after the
close of the stated time period will be marked ``late.'' EPA is not
required to consider these late submittals. Do not use EPA Dockets or
e-mail to submit CBI or information protected by statute. Commenters
who want EPA to acknowledge receipt of their submittals should include
a self-addressed stamped envelope.
1. Electronically. If you submit electronic input as prescribed
below, EPA recommends that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
scientific views. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the input and allows EPA to contact you in case EPA cannot
read your views due to technical difficulties or needs further
information on the substance of your views. EPA's policy is that EPA
will not edit your scientific views, and any identifying or contact
information provided in the body of a view will be included as part of
the input that is placed in the official public docket, and made
available in

[[Page 79093]]

EPA's electronic public docket. If EPA cannot read your views due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your views.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit scientific views to EPA electronically is EPA's preferred method
for receiving scientific views. Go directly to EPA Dockets at http://www.
epa.gov/edocket/ and follow the online instructions for submitting
input. To access EPA's electronic public docket from the EPA Internet
Home Page, select ``Information Sources,'' ``Dockets,'' and ``EPA
Dockets.'' Once in the system, select ``search,'' and then key in
Docket ID No. OW-2002-0054. The system is an ``anonymous access''
system, which means EPA will not know your identity, e-mail address, or
other contact information unless you provide it in the body of your
input.
ii. E-mail. Scientific views may be sent by electronic mail (e-
mail) to: OW-Docket@epa.gov, Attention Docket ID No. OW-2002-0054. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail scientific view
directly to the Docket without going through EPA's electronic public
docket, EPA's e-mail system automatically captures your e-mail address.
E-mail addresses that are automatically captured by EPA's e-mail system
are included as part of the views that are placed in the official
public docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit scientific views on a disk or
CD ROM that you mail to the mailing address identified in Section
I.A.1. The disk or CD ROM input of scientific views must be submitted
as a WordPerfect 9, or higher, file or as an ASCII file format. Avoid
the use of special characters and any form of encryption.
2. By Mail. Send an original and three copies of all scientific
views and any enclosures, including references, on the fifteen criteria
addressed to the Water Docket (MC-4101T), U.S. EPA, 1200 Pennsylvania
Avenue, NW., Washington, D.C. 20460, Attention Docket ID No. OW-2002-
0054.
3. By Hand Delivery or Courier. Deliver your scientific views to:
EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC, Attention Docket ID No. OW-2002-0054. Such
deliveries are only accepted during the Docket's normal hours of
operation as identified in Section I.A.1.

C. What Should I Consider as I Prepare My Scientific Views for EPA?

You may find the following suggestions helpful for preparing your
scientific views:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your scientific views by the time period
deadline identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your views.

II. What Are Water Quality Criteria?

Water quality criteria are scientifically derived numeric values
that protect aquatic life or human health from the deleterious effects
of pollutants in ambient water.
Section 304(a)(1) of the Clean Water Act requires EPA to develop
and publish and, from time to time, revise, criteria for water quality
accurately reflecting the latest scientific knowledge. Water quality
criteria developed under section 304(a) are based solely on data and
scientific judgments on the relationship between pollutant
concentrations and environmental and human health effects. Section
304(a) criteria do not reflect consideration of economic impacts or the
technological feasibility of meeting the chemical concentrations in
ambient water. Section 304(a) criteria provide guidance to States and
authorized Tribes in adopting water quality standards that ultimately
provide a basis for controlling discharges or releases of pollutants.
The criteria also provide guidance to EPA when promulgating federal
regulations under section 303(c) when such action is necessary.

III. What Are the Criteria Revisions?

EPA is today publishing an update of the following fifteen national
recommended water quality criteria (NRWQC) for protecting human health:
chlorobenzene; cyanide; 1,2-dichlorobenzene; 1,4-dichlorobenzene; 1,1-
dichloroethylene; 1,3-dichloropropene; endrin; ethylbenzene;
hexachlorocyclopentadiene; lindane; thallium; toluene; 1,2-
transdichloroethylene; 1,2,4-trichlorobenzene; and vinyl chloride.
These revisions are based on EPA's new methodology for deriving human
health criteria (See: Methodology for Deriving Ambient Water Quality
Criteria for the Protection of Human Health (2000), EPA-822-B-00-004,
October 2000). The revised 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 both the draft Methodology revisions
and the Federal Register Notice that accompanied the final Methodology
(65 FR 66444). 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--Correction (64 FR 19781;
or EPA 822-Z-99-001) or the Federal Register Notice for the final
Methodology (65 FR 66444)]. EPA specifically stated that when making
minor revisions to existing criteria based on new information
pertaining to individual components of the criteria, it will publish
the recalculated criteria directly as the Agency's national recommended
water quality criteria. Because recalculation of these fifteen criteria
result in significant changes, EPA is publishing them in today's Notice
in order to solicit scientific views as indicated in the previously
published process. However, EPA does not intend to subject these
recalculations to additional peer review because all of the new
components used in the recalculations have been previously reviewed. A
calculation matrix containing the components (e.g., cancer dose-
response assessment, reference dose and relative source contribution)
used to derive the criteria in this compilation was prepared to assist
reviewers and is available from the docket described in the
SUPPLEMENTARY INFORMATION section. No information has been presented
for the first time as part of today's action. The fifteen revised
criteria are included in Table 1.

[[Page 79094]]

Table 1.--Revised Human Health Criteria
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Human health for Consumption of:
Priority pollutant CAS No. ------------------------------------------------------------ Components
Water + organism (ug/L) Organism only (ug/L)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Thallium......................... 7440280 0.24 0.47 RfD = 6.8E-5
BCF = 116 (RFD LISTED IS
FOR THALLIUM (I) SULFATE
7446-18-6)
RSC = 20%
FI = 17.5
Cyanide.......................... 57125 140 16,000 RfD = 2E-2
BCF = 1
RSC = 20%
FI = 17.5
Chlorobenzene.................... 108907 130 1,600 RfD = 2E-2
BCF = 10.3
RSC = 20 %
FI = 17.5
1,1-Dichloroethylene............. 75354 330 7,100 RfD = 5E-2
RSC = 20 %
BCF = 5.6
FI = 17.5
1,3-Dichloropropene.............. 542756 0.34 21 q1* = 0.1
BCF = 1.9
FI = 17.5
Ethylbenzene..................... 100414 530 2,100 RfD = 1E-1
BCF = 37.5
RSC = 20%
FI = 17.5
Toluene.......................... 108883 1,300 15,000 RfD = 2E-1
BCF = 10.7
RSC = 20%
FI = 17.5
1,2-Trans-Dichloro-ethylene...... 156605 140 10,000 RfD = 2E-2
BCF = 1.58
RSC = 20%
FI = 17.5
Vinyl Chloride................... 75014 0.025 2.4 q1* = 1.4 (LMS exposure
from birth)
BCF = 1.17
FI = 17.5
1,2-Dichlorobenzene.............. 95501 420 1,300 RfD = 9E-2
BCF = 55.6
RSC = 20%
FI = 17.5
1,4-Dichlorobenzene.............. 106467 63 190 ADI = 1.34E-2
(ADI for 1,2-DCB used)
BCF = 55.6
RSC = 20%
FI = 17.5
Hexachlorocyclo-pentadiene....... 77474 40 1,100 RfD = 6E-3
BCF = 4.34
RSC = 20%
FI = 17.5
1,2,4-Trichloro-benzene.......... 120821 35 70 RfD = 1E-2
BCF = 114
RSC = 20%
FI = 17.5
gamma-BHC (Lindane).............. 58899 0.98 1.8 RfD= 3E-4
BCF = 130
RSC= 20%
FI = 17.5
Endrin........................... 72208 0.059 0.060 RfD = 3E-4
BCF = 3970
RSC = 20%
FI = 17.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 79095]]

EPA received much support for revising criteria based on partially
updated components of the criteria equations as a way of increasing the
frequency of scientific improvements to the nationally recommended
criteria that currently-available information would allow. For a water
quality criterion revision based on a partial update to be considered
acceptable to EPA, a component of the criterion (e.g., the
toxicological risk assessment) should be comprehensive (e.g., a new or
revised RfD or cancer dose-response assessment, as opposed to simply a
new scaling factor), stand alone and be based on new national or local
data. The recalculation of all fifteen water quality criteria
integrates the updated national default freshwater/estuarine fish
consumption rate of 17.5 grams/day. Thirteen of the criteria integrate
a previously-determined relative source contribution (RSC) value from
the national primary drinking water standards for the same chemicals.
EPA also incorporated into the recalculations a new cancer potency
factor (q1*) for 1,3-dichloropropene and vinyl chloride, and a new
reference dose (RfD) for 1,1-dichloroethylene,
hexachlorocyclopentadiene and lindane. These values have already been
published in the Agency's Integrated Risk Information System (IRIS).
Both an RfD and q1* are available in IRIS for 1,3-dichloropropene and
vinyl chloride. EPA used the q1* to derive the criteria in these cases
rather than the RfD because it resulted in more protective criteria.
Today's revisions of the water quality criteria used the
bioconcentration factor (BCF) or field-measured BAF developed using the
1980 Methodology. The BCFs used in deriving today's criteria are
consistent with the BCFs used in promulgating human health criteria for
priority toxic pollutants in rules such as the 1992 National Toxics
Rule and the 2000 California Toxics Rule.
EPA has partially revised 83 additional human health criteria which
are available on the Office of Science and Technology's website under
Criteria Table (see http://www.epa.gov/waterscience/humanhealth/).
Again, as previously described, EPA has published the compilation
including the 83 recalculated criteria directly as the Agency's
national recommended water quality criteria because the updates result
in minor changes.

IV. What Is the Relationship Between the Water Quality Criteria and
Your State or Tribal Water Quality Standards?

As part of the water quality standards triennial review process
defined in section 303(c)(1) of the CWA, the States and authorized
Tribes are responsible for maintaining and revising water quality
standards. Water quality standards consist of designated uses, water
quality criteria to protect those uses, a policy for antidegradation,
and general policies for application and implementation. Section
303(c)(1) requires States and authorized Tribes to review and modify,
if appropriate, their water quality standards at least once every three
years.
States and authorized Tribes must adopt water quality criteria that
protect designated uses. Protective criteria are based on a sound
scientific rationale and contain sufficient parameters or constituents
to protect the designated uses. Criteria may be expressed in either
narrative or numeric form. States and authorized Tribes have four
options when adopting water quality criteria for which EPA has
published section 304(a) criteria. They can:
(1) Establish numerical values based on recommended section 304(a)
criteria;
(2) Adopt section 304(a) criteria modified to reflect site specific
conditions;
(3) Adopt criteria derived using other scientifically defensible
methods; or
(4) Establish narrative criteria where numeric criteria cannot be
determined (40 CFR 131.11).
Consistent with 40 CFR 131.21 (see: EPA Review and Approval of
State and Tribal Water Quality Standards (65 FR 24641, April 27,
2000)), water quality criteria adopted by law or regulation by States
and authorized Tribes prior to May 30, 2000, are in effect for CWA
purposes unless superseded by federal regulations (see, for example,
the National Toxics Rule, 40 CFR 131.36; Water Quality Standards for
Idaho, 40 CFR 131.33). New or revised water quality criteria adopted
into law or regulation by States and authorized Tribes on or after May
30, 2000 are in effect for CWA purposes only after EPA approval.

V. What Is the Status of Existing Recommended Criteria While They Are
Under Revision?

Water quality criteria published by EPA remain the Agency's
recommended water quality criteria until EPA revises or withdraws the
criteria. For example, while undertaking recent reassessments of dioxin
and other chemicals, EPA has consistently supported the use of the
current section 304(a) criteria for these chemicals and considers them
to be scientifically sound until the Agency reevaluates the 304(a)
criteria, subjects the criteria to appropriate peer review, and
publishes revised 304(a) criteria.

VI. Where Can I Find More Information About Water Quality Criteria and
Water Quality Standards?

For more information about water quality criteria and Water Quality
Standards refer to the following: Water Quality Standards Handbook (EPA
823-B94-005a); Advanced Notice of Proposed Rule Making (ANPRM),
(63FR36742); Water Quality Criteria and Standards Plan--Priorities for
the Future (EPA 822-R-98-003); Guidelines and Methodologies Used in the
Preparation of Health Effects Assessment Chapters of the Consent Decree
Water Criteria Documents (45FR79347); Methodology for Deriving Ambient
Water Quality Criteria for the Protection of Human Health (2000), EPA-
822-B-00-004, October 2000); Guidelines for Deriving Numerical National
Water Quality Criteria for the Protection of Aquatic Organisms and
Their Uses (EPA 822/R-85-100); National Strategy for the Development of
Regional Nutrient Criteria (EPA 822-R-98-002); and EPA Review and
Approval of State and Tribal Water Quality Standards (65 FR 24641).
You can find these publications through EPA's National Service
Center for Environmental Publications (NSCEP, previously NCEPI) or on
the Office of Science and Technology's Home-page (http://www.epa.gov/
waterscience).

Dated: December 19, 2002.
Geoffrey H. Grubbs,
Director, Office of Science and Technology.
[FR Doc. 02-32770 Filed 12-26-02; 8:45 am]
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