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Withdrawal of Direct Final Rule Removing the Federal Antidegradation Policy Applicable to Waters of the United States Within the Commonwealth of Pennsylvania

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

PDF Version (2 pp, 54K, About PDF)

[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Rules and Regulations]
[Page 67396-67397]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no08-17]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 131
[EPA-HQ-OW-2007-93; FRL-8740-4]

Withdrawal of Direct Final Rule Removing the Federal
Antidegradation Policy Applicable to Waters of the United States Within
the Commonwealth of Pennsylvania

AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.

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SUMMARY: EPA is withdrawing a direct final rule that the Agency
published on September 15, 2008. The direct final rule would have
removed from the Code of Federal Regulations a rule that EPA
promulgated in 1996 making provisions of the federal antidegradation
policy directly applicable for all waters of the United States within
the Commonwealth of Pennsylvania. EPA published the direct final rule
with a parallel proposal to remove the federal antidegradation rule as
it applies to waters in Pennsylvania. In a separate action today, EPA
is also re-opening the comment period of the proposed rule to ensure
all parties have adequate opportunity to express their views to the
Agency prior to taking final action on the proposed rule.

DATES: Effective on November 14, 2008, EPA withdraws the direct final
rule published at 73 FR 53140, on September 15, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OW-2007-0093. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed on the web site, 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, is not placed on the Internet and will be
publicly available only in hard copy form.

[[Page 67397]]

Publicly available docket materials are available either electronically
through www.regulations.gov or in hard copy at the OW Docket Center.
This Docket Facility is open from 8:30 a.m. until 4:30 p.m., Monday
through Friday, excluding legal holidays. The Docket telephone number
is (202) 566-2426, and the Docket address is OW Docket, EPA West, Room
3334, and 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.

FOR FURTHER INFORMATION CONTACT: Caroline Whitehead at U.S. EPA
Headquarters, Office of Water (4305T), 1200 Pennsylvania Ave, NW.,
Washington, DC 20460 (telephone: 202-566-2907, fax: 202-566-0409 or e-
mail: whitehead.caroline@epa.gov) or Denise Hakowski at U.S. EPA Region
3, (3WP30) 1650 Arch Street, Philadelphia, Pennsylvania 19103
(telephone: 215-814-5726, fax: 215-814-2318 or e-mail:
hakowski.denise@epa.gov).

SUPPLEMENTARY INFORMATION:

I. Potentially Affected Entities

    Citizens concerned with water quality in Pennsylvania may be
interested in this rulemaking. Entities discharging pollutants to the
surface waters of Pennsylvania could be indirectly affected by this
rulemaking since water quality standards are used in determining
National Pollutant Discharge Elimination System (NPDES) permit limits.
    Categories and entities which may ultimately be affected include:

Category.................................  Examples of potentially
                                            affected entities.
Industry.................................  Industries discharging
                                            pollutants to surface waters
                                            in Pennsylvania.
Municipalities...........................  Publicly-owned treatment
                                            works discharging pollutants
                                            to surface waters in
                                            Pennsylvania.

    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.

II. Today's Action

    As EPA explained in its September 15, 2008 notices (73 FR 53140 and
73 FR 53178), EPA proposed to remove the federal regulation that made
provisions of the federal antidegradation policy directly applicable in
Pennsylvania. EPA proposed to remove the federal rule because
Pennsylvania now has an EPA-approved antidegradation policy meeting the
federal requirements at 40 CFR 131.12. Therefore, the federal
antidegradation regulation promulgated by EPA for Pennsylvania is no
longer needed. On September 15, EPA also published a direct final rule
to remove the federal regulation at 40 CFR 131.32.
    EPA has determined that additional opportunity for public comment
would be beneficial. Therefore, EPA is withdrawing the direct final
rule (73 FR 53140).

List of Subjects in 40 CFR Part 131

    Environmental protection, Antidegradation, Water quality standards.

    Dated: November 6, 2008.
Stephen L. Johnson,
Administrator.

Accordingly, the amendments to the rule published on September 15, 2008
(73 FR 53140) are withdrawn as of November 14, 2008.

[FR Doc. E8-26952 Filed 11-13-08; 8:45 am]
BILLING CODE 6560-50-P

 
 

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