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Removing the Federal Antidegradation Policy Applicable to Waters of the United States Within the Commonwealth of Pennsylvania

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[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Proposed Rules]
[Page 67455-67456]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no08-43]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 131
[EPA-HQ-OW-2007-93; FRL-8740-3]

Removing the Federal Antidegradation Policy Applicable to Waters
of the United States Within the Commonwealth of Pennsylvania

AGENCY: Environmental Protection Agency (EPA).
ACTION: Re-opening of the public comment period for the proposed rule.

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[[Page 67456]]

SUMMARY: EPA is re-opening the comment period of a proposed rule that
the Agency published on September 15, 2008. The proposed rule solicited
public comment on the Agency's proposal to remove 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 is re-opening the comment period for 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.
The original comment period for the proposed rule closed on October 15,
2008. In a separate action published in today's final rule section of
the Federal Register, EPA is withdrawing a direct final rule that EPA
also published on September 15, 2008, removing the federal regulation
that made provisions of EPA's antidegradation policy directly
applicable to waters in Pennsylvania.

DATES: The comment period for the proposed rule published at 73 FR
53178, on September 15, 2008 is now re-opened and will close on
December 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
http://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. Publicly
available docket materials are available either electronically through
http://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:

------------------------------------------------------------------------
                                             Examples of potentially
                Category                        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 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 re-opening the comment period of the proposed rule
(73 FR 53178; September 15, 2008) to ensure all parties have adequate
opportunity to express their views to the Agency prior to EPA taking
final action regarding removal of the federal regulation at 40 CFR
131.32. In a separate action today, EPA is withdrawing the direct final
rule (73 FR 53140; September 15, 2008).

List of Subjects in 40 CFR Part 131

    Environmental protection, Antidegradation, Water quality standards.

    Dated: November 6, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-27209 Filed 11-13-08; 8:45 am]
BILLING CODE 6560-50-P

 
 

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