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Withdrawal of Federal Antidegradation Policy for All Waters of the United States Within the Commonwealth of Pennsylvania

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[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Proposed Rules]
[Page 53178-53179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se08-28]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 131
[EPA-HQ-OW-2007-93; FRL-8716-1]

Withdrawal of Federal Antidegradation Policy for All Waters of
the United States Within the Commonwealth of Pennsylvania

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

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SUMMARY: EPA is proposing to withdraw the federal antidegradation
policy for all waters of the United States within the Commonwealth of
Pennsylvania. We will withdraw the federal antidegradation policy to
allow Pennsylvania to implement its own antidegradation policy.
Pennsylvania has adequately demonstrated that its antidegradation
policy protects all waters of the United States within the Commonwealth
at a level consistent with the federal requirements. Therefore, the
federal antidegradation policy is redundant. In the ``Rules and
Regulations'' section of this Federal Register, we are withdrawing the
federal antidegradation policy for waters within the Commonwealth of
Pennsylvania as a direct final rule without a prior proposed rule. If
we received no adverse comment, we will not take further action on this
proposed rule.

DATES: Written comments must be received by October 15, 2008.

ADDRESSES: Submit your comments, identified by Docket Id. No. EPA-HQ-
OW-2007-0093, by mail to: Water Docket, USEPA, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the rules section of this Federal Register.

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

SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final rule that is located in the
``Rules and Regulations'' section of this Federal Register publication.

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on withdrawing the federal
antidegradation policy for the Commonwealth of Pennsylvania because
Pennsylvania has adequately demonstrated that its antidegradation
policy protects all waters of the United States at a level consistent
with the federal requirements. We have published a direct final rule
withdrawing the federal antidegradation policy for the Commonwealth of
Pennsylvania in the ``Rules and Regulations'' section of this Federal
Register because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
withdrawal in the preamble to the direct final rule.

[[Page 53179]]

    If we receive no adverse comment, we will not take further action
on this proposal rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We will address all
public comments in a subsequent final rule based on this proposed rule.
    We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time. For the
various statutes and executive orders that require findings for
rulemaking, EPA incorporates the findings from the direct final
rulemaking into this companion notice for the purpose of providing
public notice and opportunity for comment. For further information,
please see the information provided in the ADDRESSES section of this
document.

List of Subjects in 40 CFR Part 131

    Environmental protection, Antidegradation, Water quality standards.

    Dated: September 9, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-21463 Filed 9-12-08; 8:45 am]
BILLING CODE 6560-50-P

 
 

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