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Preliminary Administrative Determination Document on the Question of Whether Ferric Ferrocyanide Is One of the ``Cyanides'' Within the Meaning of the List of Toxic Pollutants Under the Clean Water Act

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

 [Federal Register: January 25, 2001 (Volume 66, Number 17)]
[Notices]
[Page 7759-7760]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja01-25]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6937-9]


Preliminary Administrative Determination Document on the Question
of Whether Ferric Ferrocyanide Is One of the ``Cyanides'' Within the
Meaning of the List of Toxic Pollutants Under the Clean Water Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of document availability and public comment period.

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SUMMARY: By order dated October 19, 1995, the United States District
Court for the District of Massachusetts stayed the proceedings in
Commonwealth of Massachusetts v. Blackstone Valley Electric Co. (No.
94-2286) and referred the question of whether ferric ferrocyanide
qualifies as one of the ``cyanides'' within the meaning of the list of
toxic pollutants under the Clean Water Act (CWA) to the U.S.
Environmental Protection Agency (EPA). This District Court order
followed a U.S. Court of Appeals decision in which the First Circuit
determined that it was appropriate to refer this question to EPA for an
``administrative determination.'' Commonwealth of Massachusetts v.
Blackstone Valley Electric Co., 67 F.3d 981 (1st Cir. 1995). Today's
notice announces the availability of EPA's preliminary administrative
determination for public review and comment.

DATES: Comments and relevant information on this preliminary
administrative determination must be submitted to the Agency by March
12, 2001. Comments submitted should be adequately documented.

ADDRESSES: Mail written comments to: FFC Administrative Determination,
USEPA, Engineering and Analysis Division (4303), Office of Science and
Technology, 1200 Pennsylvania Avenue, Ariel Rios Building, NW.,
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For further information and to request
a copy of the administrative determination contact Dr. Maria Gomez-
Taylor, USEPA, Engineering and Analysis Division (4303), Office of
Science and Technology, Ariel Rios Building, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460; or call (202) 260-1639; or fax (202) 260-
7185; or e-mail gomez-taylor.maria@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has prepared a preliminary
administrative determination describing EPA's opinion on how to
interpret the term ``cyanides'' (40 CFR 401.15, 40 CFR 302.4, and Table
302.4) as it applies to ferric ferrocyanide. (40 CFR 401.15 contains
the list of toxic pollutants, 40 CFR 302.4 provides the designation of
hazardous substances, and Table 302.4 at 40 CFR 302.4 contains the list
of hazardous substances and reportable quantities.) This preliminary
administrative determination document has been prepared in order to
respond to a referral from the United States District Court for the
District of Massachusetts. By order dated October 19, 1995, the United
States District Court for the District of Massachusetts stayed the
proceedings in Commonwealth of Massachusetts v. Blackstone Valley
Electric Co. (No. 94-2286) and referred the question of whether ferric
ferrocyanide qualifies as one of the ``cyanides'' within the meaning of
40 CFR 401.15, 40 CFR 302.4, and Table 302.4 to the U.S. Environmental

[[Page 7760]]

Protection Agency (EPA). This District Court order followed a U.S.
Court of Appeals decision in which the First Circuit determined that it
was appropriate to refer this question to EPA for an ``administrative
determination.'' Commonwealth of Massachusetts v. Blackstone Valley
Electric Co., 67 F.3d 981 (1st Cir. 1995).
    As explained in the preliminary administrative determination
document, it is EPA's preliminary administrative determination that
ferric ferrocyanide is one of the ``cyanides'' within the meaning of 40
CFR 401.15, 40 CFR 302.4, and Table 302.4. This preliminary
administrative determination is being issued in order to respond to the
referral from the District Court. It is not a legislative rule and
notice and comment is not required. However, EPA is soliciting public
comment because it had previously notified interested parties of its
intent to do so.

    Dated: January 18, 2001.
J. Charles Fox,
Assistant Administrator for Water.
[FR Doc. 01-2172 Filed 1-24-01; 8:45 am]
BILLING CODE 6560-50-P

 
 

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