[Federal Register: November 3, 2005 (Volume 70, Number 212)]
[Notices]
[Page 66834]
[DOCID:fr03no05-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD05-13-000]

Joint Boards on Security, Constrained Economic Dispatch; Third
Notice on the Initial Joint Board Meetings

October 27, 2005.
    A notice \1\ announcing the location of the initial joint board
meetings \2\ was issued on October 14, 2005. At that time, the
Commission noted that it would provide further details on the meetings
as they became available. The locations and times for the PJM/MISO and
the Northeast joint board meetings are provided below.
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    \1\ The initial notice was issued in accordance with the
Commission's order on Joint Boards on Security Constrained Economic
Dispatch, 112 FERC ] 61,353 (2005) (September 30 Order). A
subsequent notice was issued on October 21, 2005, listing the
members of each joint board.
    \2\ These joint board meetings are being held pursuant to
section 1298 of the Energy Policy Act of 2005, Pub. L. 109-58,
section 1298, 119 Stat. 594, 986 (2005), which added section 223 to
the Federal Power Act, 16 U.S.C. 824 et seq. (2000). FPA section 223
requires the Commission to convene joint boards on a regional basis
pursuant to FPA section 209 ``to study the issue of security
constrained economic dispatch for the various market regions,'' ``to
consider issues relevant to what constitutes `security constrained
economic dispatch' and how such a mode of operating * * * affects or
enhances the reliability and affordability of service,'' and ``to
make recommendations to the Commission.''

----------------------------------------------------------------------------------------------------------------
               Region                         Date                    Time                     Location
----------------------------------------------------------------------------------------------------------------
PJM/MISO...........................  November 21, 2005.....  10 a.m. to 4 p.m......  Doubletree Hotel O'Hare--
                                                                                Rosemont, 5460 N. River
                                                                                Road, Rosemont, IL 60018.
Northeast..........................  November 29, 2005.....  10 a.m. to 4 p.m......  The Colonnade, 120
                                                                                Huntington Avenue, Boston,
                                                                                Massachusetts 02116.
----------------------------------------------------------------------------------------------------------------

    The September 30 Order invited the Canadian provinces, Canada and
Mexico to participate as observers on the appropriate joint boards. The
Province of Manitoba, Canada, wishes to participate on the PJM/MISO
joint board. We note that Mr. Garry Hastings of the Department of
Energy, Science and Technology will represent Manitoba on the PJM/MISO
joint board.
    For more information about the conference, please contact Sarah
McKinley at<PHONE_NUMBER> or<EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
[FR Doc. E5-6082 Filed 11-2-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 8 (Tuesday, January 13, 2015)]
[Notices]
[Pages 1688-1690]
[FR Doc No: 2015-00298]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 74012; File No. SR-Phlx-2015-03]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Pilot Program in Rule 1059, Accommodation Transactions

January 7, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 2, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the pilot program in Rule 1059,
Accommodation Transactions, to allow cabinet trading to take place
below $1 per option contract under specified circumstances (the ``pilot
program'').
    The text of the proposed rule change is set forth below. Proposed
new language is in italics; proposed deletions are in brackets.
* * * * *
NASDAQ OMX PHLX Rules
* * * * *
Options Rules
* * * * *
Rule 1059. Accommodation Transactions
    (a)-(b) No change.
       Commentary:
    .01 No change.
    .02 Limit Orders Priced Below $1: Limit orders with a price of at
least $0 but less than $1 per option contract may trade under the terms
and conditions in Rule 1059 above in each series of option contracts
open for trading on the Exchange, except that:
    (a)-(c) No change.
    (d) Unless otherwise extended, the effectiveness of the Commentary
.02 terminates January 5, [2015] 2016 or, upon permanent approval of
these procedures by the Securities and Exchange Commission, whichever
occurs first.
* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to extend the pilot program in Commentary .02
of Exchange Rule 1059, Accommodation Transactions, which sets forth
specific procedures for engaging in cabinet trades, to allow the
Commission adequate time to consider permanently allowing transactions
to take place on the Exchange in open outcry at a price of at least $0
but less than $1 per option contract.\3\ Prior to the pilot program,
Rule 1059 required that all orders placed in the cabinet were assigned
priority based upon the sequence in which such orders were received by
the specialist. All closing bids and offers would be submitted to the
specialist in writing, and the specialist effected all closing cabinet
transactions by matching such orders placed with him. Bids or offers on
orders to open for the accounts of customer, firm, specialists and
Registered Options Traders (``ROTs'') could be made at $1 per option
contract, but such orders could not be placed in and must yield to all
orders in the cabinet. Specialists effected all cabinet transactions by
matching closing purchase or sale orders which were placed in the
cabinet or, provided there was no matching closing purchase or sale
order in the cabinet, by matching a closing purchase or sale order in
the cabinet with an opening purchase or sale order.\4\ All cabinet
transactions were reported to the Exchange following the close of each
business day.\5\ Any (i) member, (ii) member organization, or (iii)
other person who was a non-member broker or dealer and who directly or
indirectly controlled, was controlled by, or was under common control
with, a member or member organization (any such other person being
referred to as an affiliated person) could effect any transaction as
principal in the over-the-counter market in any class of option
contracts listed on the Exchange for a premium not in excess of $1.00
per contract.
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    \3\ Cabinet or accommodation trading of option contracts is
intended to accommodate persons wishing to effect closing
transactions in those series of options dealt in on the Exchange for
which there is no auction market.
    \4\ Specialists and ROTs are not subject to the requirements of
Rule 1014 in respect of orders placed pursuant to this Rule. Also,
the provisions of Rule 1033(b) and (c), Rule 1034 and Rule 1038 do
not apply to orders placed in the cabinet. Cabinet transactions are
not reported on the ticker.
    \5\ See Exchange Rule 1059.
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    On December 30, 2010, the Exchange filed an immediately effective
proposal that established the pilot program being extended by this
filing. The pilot program allowed transactions to take place in open
outcry at a price of at least $0 but less than $1 per option contract
until June 1, 2011.\6\ These lower priced transactions are traded
pursuant to the same procedures applicable to $1 cabinet trades, except
that pursuant to the pilot program (i) bids and offers for opening
transactions are only permitted to accommodate closing transactions in
order to limit use of the procedure to liquidations of existing
positions, and (ii) the procedures are also made available for trading
in options participating in the Penny Pilot Program.\7\ On May 31,
2011, the Exchange filed an immediately effective proposal that
extended the pilot program until December 1, 2011 to consider whether
to seek permanent approval of the temporary procedure.\8\ On November
30, 2011, the Exchange filed an immediately effective proposal that
extended the pilot program until

June 1, 2012.\9\ On May 29, 2012, the Exchange filed an immediately
effective proposal that extended the pilot program until December 1,
2012.\10\ On November 1, 2012, the Exchange filed an immediately
effective proposal that extended the pilot program until June 1,
2013.\11\ On May 8, 2013, the Exchange filed an immediately effective
proposal that extended the pilot program until January 5, 2014.\12\ On
December 4, 2013, the Exchange filed an immediately effective proposal
that extended the pilot program until January 5, 2015.\13\ The Exchange
now proposes an extension of the pilot program to allow additional time
to consider its effects while the pilot program continues
uninterrupted.
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    \6\ Phlx Rule 1059, Commentary .02; See Securities Exchange Act
Release No. 63626 (December 30, 2010), 76 FR 812 (January 6, 2011)
(SR-Phlx-2010-185).
    \7\ Prior to the pilot, the $1 cabinet trading procedures were
limited to options classes traded in $0.05 or $0.10 standard
increments. The $1 cabinet trading procedures were not available in
Penny Pilot Program classes because in those classes, an option
series could trade in a standard increment as low as $0.01 per share
(or $1.00 per option contract with a 100 share multiplier). The
pilot allows trading below $0.01 per share (or $1.00 per option
contract with a 100 share multiplier) in all classes, including
those classes participating in the Penny Pilot Program.
    \8\ See Securities Exchange Act Release No. 64571 (May 31,
2011), 76 FR 32385 (June 6, 2011) (SR-Phlx-2011-72).
    \9\ See Securities Exchange Act Release No. 65852 (November 30,
2011), 76 FR 76212 (December 6, 2011) (SR-Phlx-2011-156).
    \10\ See Securities Exchange Act Release No. 67106 (June 4,
2012), 77 FR 34108 (June 8, 2012) (SR-Phlx-2012-74).
    \11\ See Securities Exchange Act Release No. 68201 (November 9,
2012), 77 FR 68871 (November 16, 2012) (SR-Phlx-2012-131).
    \12\ See Securities Exchange Act Release No. 69583 (May 15,
2013), 78 FR 30380 (May 22, 2013) (SR-Phlx-2013-53).
    \13\ See Securities Exchange Act Release No. 71096 (December 17,
2013), 78 FR 77538 (December 23, 2013) (SR-Phlx-2013-120).
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    The Exchange believes that allowing a price of at least $0 but less
than $1 will continue to better accommodate the closing of options
positions in series that are worthless or not actively traded,
particularly due to recent market conditions which have resulted in a
significant number of series being out-of-the-money. For example, a
market participant might have a long position in a call series with a
strike price of $100 and the underlying stock might now be trading at
$30. In such an instance, there might not otherwise be a market for
that person to close-out its position even at the $1 cabinet price
(e.g., the series might be quoted no bid).
    The Exchange hereby seeks to extend the pilot period for such $1
cabinet trading until January 5, 2016. The Exchange seeks this
extension to allow the procedures to continue without interruption.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\14\ in general, and with
Section 6(b)(5) of the Act,\15\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Specifically,
the Exchange believes that allowing for liquidations at a price less
than $1 per option contract pursuant to the pilot program will better
facilitate the closing of options positions that are worthless or not
actively trading, especially in Penny Pilot issues where cabinet trades
are not otherwise permitted. The Exchange believes the extension is of
sufficient length to allow the Commission to assess the impact of the
Exchange's authority to allow transactions to take place in open outcry
at a price of at least $0 but less than $1 per option in accordance
with its attendant obligations and conditions.
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    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
proposal does not raise any issues of intra-market competition because
it applies to all options participants in the same manner.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing rule does not (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission,\16\ the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-4(f)(6)
thereunder.\18\
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    \16\ The Exchange has satisfied this requirement.
    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6).
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    Under Rule 19b-4(f)(6) of the Act,\19\ the proposal does not become
operative for 30 days after the date of its filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. The Exchange has requested that
the Commission waive the 30-day operative delay period after which a
proposed rule change under Rule 19b-4(f)(6) becomes operative so that
the pilot may continue without interruption. The Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest because it will allow
the pilot to continue uninterrupted, thereby avoiding any potential
investor confusion that could result from a temporary interruption in
the pilot and allowing members to continue to benefit from the program.
Based on the foregoing, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\20\
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    \19\ Id.
    \20\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2015-03 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2015-03. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-Phlx-2015-03 and
should be submitted on or before February 3, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-00298 Filed 1-12-15; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM

From:		Margaret Sheppard, EPA/Stratospheric Protection Division

To:		Docket EPA-HQ-OAR-2002-0064

Subject:	Publically available materials referenced in EPA’s documents
for rulemaking on n-propyl bromide under the Significant New
Alternatives Policy (SNAP) Program

Date:		March 22, 2007

The listed below are referenced in various documents associated with
EPA’s rulemaking.  They are all relevant to EPA(s review of n-propyl
bromide as a substitute for ozone depleting substances and are part of
the public record of this rulemaking.  Many of these items are
copyrighted materials that EPA will not post in the electronic docket,
but will make available to the public as paper documents through the EPA
Docket Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave., NW,
Washington, D.C. (Tel.<PHONE_NUMBER>).  Other items have previously been
place in paper format in the legacy docket A-2001-07, but are now
available online.

Skin Notation Documentation for Methyl Chloride.  1991.  American
Conference of Governmental Industrial Hygienists, Cincinnati, Ohio
Available online at   HYPERLINK "http://www.acgih.org"  www.acgih.org

Industrial Ventilation: A Manual of Recommended Practice 23rd Edition.
2002.  American Conference of Governmental Industrial Hygienists,
Cincinnati, Ohio  Available online at   HYPERLINK "http://www.acgih.org"
 www.acgih.org

Effects of exposure of rat dams to 1-bromopropane during pregnancy and
lactation on growth and sexual maturation of their offspring  by Koichi
Furushashi et al.  Toxicology 224 (2006) 219-228  Available online at
www.sciencedirect.com

ACGIH Threshold Limit Value Documentation for 1-Bromopropane (Final).
2005.  Available online at   HYPERLINK "http://www.acgih.org"
www.acgih.org

Bureau of Labor Standards:  Job openings and labor turnover in 2005.
Retrieved on March 9, 2006 from
http://www.bls.gov/opub/ted/2006/feb/wk1/art03.htm

Overview, Results, and Conclusions for the EPRI Plume Model Validation
and Development Project: Plains Site, EPRI EA-3074.  Electric Power
Research Institute (EPRI).  1983.  Available online at
ams.confex.com/ams/pdfpapers/39297.pdf  .

Institute for Zoo and Wildlife Research. “Comprehensive Science:
Non-invasive Monitoring of Hormones.  Accessed on the World Wide Web on
May 31, 2005 at   HYPERLINK
"http://www.izw-berlin.de/en/research/fg4/index.html?reproduktionsmonito
ring.html~rechts" \o
"http://www.izw-berlin.de/en/research/fg4/index.html?reproduktionsmonito
ring.html~rechts"
http://www.izw-berlin.de/en/research/fg4/index.html?reproduktionsmonitor
ing.html~rechts .  (referenced in risk screen)

 “Reducing Solvent Emissions from Vapor Degreasers.”  Minnesota
Technical Assistance Program Fact Sheet.  University of Minnesota.
MnTAP.  2005.  Available online at   HYPERLINK
"http://www.mntap.umn.edu/mach/70-VaporDegreasers.htm"
http://www.mntap.umn.edu/mach/70-VaporDegreasers.htm .

NIOSH Health Hazard Evaluation Report: HETA #2000-0233-2845; Trilithic,
Inc.; Indianapolis, IN.  National Institute for Occupational Safety and
Health.  January 2001.  Available online at   HYPERLINK
"http://www.cdc.gov/niosh/hhe/reports/pdfs/2000-0233-2845.pdf"
http://www.cdc.gov/niosh/hhe/reports/pdfs/2000-0233-2845.pdf .

Results of 13-week Inhalation Testing by the National Toxicology
Program.  2003.  Available online at   HYPERLINK
"http://ntp-apps.niehs.nih.gov/ntp_tox/"
http://ntp-apps.niehs.nih.gov/ntp_tox/
index.cfm?fuseaction=ntpsearch.searchresults&searchterm=106-94-5

The Occupational Safety and Health Administration (OSHA).  Spray
finishing using flammables and combustible materials.  (29 CFR
1910.107).  March 7, 1996.  Retrieved from   HYPERLINK
"http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS
&p_id=9753"
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&
p_id=9753

Alternative Adhesives Technologies: Foam Furniture and Bedding
Industries, Final Draft.  Volume 2: Risk Screening and Comparison.
Chapter 4: Exposure Assessment.  Produced by the University of Tennessee
Center for Clean Products and Clean Technologies under a grant from
EPA’s Design for the Environment Branch, Office of Pollution and
Prevention and Toxics.  Swanson, M.B., J.R. Geibig, and K.E. Kelly.
June 2002.  Available online at   HYPERLINK
"http://eerc.ra.utk.edu/ccpct/aap1.html"
http://eerc.ra.utk.edu/ccpct/aap1.html .

Ambient Water Quality Criteria for Dichloroethylenes. EPA 440/5-80-041
October, 1980.  Available online at   HYPERLINK
"http://www.epa.gov/waterscience/pc/ambientwqc/dichloroethylenes80.pdf"
http://www.epa.gov/waterscience/pc/ambientwqc/dichloroethylenes80.pdf

Building Air Quality, Revised, EPA-402/F-91-102, EPA Office of Indoor
Air.  December 1991.  Available online at   HYPERLINK
"http://www.epa.gov/iaq/largebldgs/baqtoc.html"
http://www.epa.gov/iaq/largebldgs/baqtoc.html

Hazard Assessment Guidelines for Listing Chemicals on the Toxic Release
Inventory, Revised Draft.  1992.  Washington, DC:  Office of Pollution,
Prevention and Toxics. TRI Docket 400104, document C-h027  date 06/29/92

Model Evaluation Results for AERMOD 1998.  EPA.  Available online at
http://www.epa.gov/scram001.

Screening Procedures for Estimating the Air Quality Impact of Stationary
Sources, Revised, EPA-454/R-92-019, EPA/OAQPS, Research Triangle Park,
NC.  October, 1992. available online at   HYPERLINK
"http://www.epa.gov/scram001/guidance/guide/scrng.wpd"
http://www.epa.gov/scram001/guidance/guide/scrng.wpd

A Survey of Statistical Measures of Model Performance and Accuracy for
Several Air Quality Models, 1982.  EPA.  EPA-450/4-83-001, Research
Triangle Park, NC.

EPA. 2001.  Help Manual for Benchmark Dose Software.  Office of Research
and Development, Environmental Protection Agency.  Washington, DC.  EPA
600/R-00/014F.  Available online at   HYPERLINK
"http://cfpub.epa.gov/ncea/cfm/Recordisplay.cfm?deid=20167"
http://cfpub.epa.gov/ncea/cfm/Recordisplay.cfm?deid=20167

EPA.  2000a.  Benchmark Dose Software.  National Center for
Environmental Assessment with technical support from the National Health
& Environmental Effects Research Laboratory.  Available online at
HYPERLINK "http://www.epa.gov.ncea/bmds.htm"  www.epa.gov.ncea/bmds.htm

USIP. 2003.  Laboratory Fume Hoods.  University of the Sciences in
Philadelphia.  Available online at   HYPERLINK
"http://www.usip.edu/safety/lmanual/LSfumehood.htm"
http://www.usip.edu/safety/lmanual/LSfumehood.htm

 PAGE

 PAGE   1


[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19903-19904]
[FR Doc No: 2014-08041]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13570-002]

Notice of Scoping Meetings and Environmental Site Review and
Soliciting Scoping Comments: Warmsprings Irrigation District

    Take notice that the following hydroelectric application has been
filed with Commission and is available for public inspection:
    a. Type of Application: New Minor License.
    b. Project No.: 13570-002.
    c. Date filed: April 15, 2013.
    d. Applicant: Warmsprings Irrigation District (WSID).
    e. Name of Project: Warm Springs Dam Hydroelectric Project.
    f. Location: The Warm Springs Dam Hydroelectric Project would be
located on the Malheur River in Malheur County, Oregon, near the Town
of Juntura. It would occupy 13.5 acres of federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Randy Kinney, Warmsprings Irrigation
District, 334 Main Street North, Vale, OR 97918;<PHONE_NUMBER>.
    i. FERC Contact: Ken Wilcox<EMAIL_ADDRESS>(202) 502-6835.
    j. Deadline for filing scoping comments: May 31, 2014.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-13570-002.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. This application is not ready for environmental analysis at this
time.
    l. The Warm Springs Dam Hydroelectric Project would utilize the
existing Warm Springs Dam and reservoir and would consist of the
following new facilities: (1) A steel liner fitted into one of two
existing outlets in the right abutment of the dam; (2) a 150-foot-long,
8-foot-diameter steel penstock and increaser section conveying water
from the outlet works to a powerhouse located at the stilling basin
immediately downstream of the dam; (3) a 34-foot-wide by 36-foot-long
powerhouse containing one 2.7-megawatt (MW) Francis or Kaplan turbine;
(4) 2.2-mile-long, 25-kilovolt (kV) transmission line; and (5)
appurtenant facilities. The project would occupy 13.5 acres of federal
land.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Scoping Process: The Commission intends to prepare an
Environmental assessment (EA) on the project in accordance with the
National Environmental Policy Act. The EA will consider both site-
specific and cumulative environmental impacts and reasonable
alternatives to the proposed action.

 Scoping Meetings

    FERC staff will conduct one agency scoping meeting and one public
meeting. The agency scoping meeting will focus on resource agency and
non-governmental organization concerns, while the public scoping
meeting is primarily for public input. All interested individuals,
organizations, and agencies are invited to attend one or both of the
meetings, and to assist the staff in identifying the scope of the
environmental issues that should be analyzed in the EA.
    The times and locations of these meetings are as follows:

Public Scoping Meeting

DATE: Wednesday, April 30, 2014
TIME: 7:00 p.m. (MDT)
PLACE: Juntura Elementary School
ADDRESS: 5855 6th Street, Juntura, Oregon

Agency Scoping Meeting

DATE: Thursday, May 1, 2014
TIME: 9:00 a.m. (PDT)
PLACE: Harney County Community Center
ADDRESS: 484 N. Broadway, Burns, Oregon

    Copies of the Scoping Document (SD1) outlining the subject areas to
be addressed in the EA were distributed to the parties on the
Commission's mailing list. Copies of the SD1 will be available at the
scoping meeting or may be viewed on the Web at http://www.ferc.gov
using the ``eLibrary'' link (see item m above).

 Environmental Site Review

    The Applicant and FERC staff will conduct a project Environmental
Site Review beginning at 2:00 p.m. (MDT) on Wednesday, April 30, 2014.
All interested individuals, organizations, and agencies are invited to
attend. All participants should meet near the bridge on Warm Springs
Road one-half mile south of Warm Springs Dam. Alternatively, attendees
may meet at the Oasis Cafe in Juntura (5838 Highway 20) at 1:15 p.m. to
follow staff to the site near the bridge. All participants are
responsible for their own transportation to the site. Anyone with
questions about the Environmental Site Review should contact Mr. Randy
Kinney of Warmsprings Irrigation District at<PHONE_NUMBER>. PLEASE
NOTE: Juntura and Warm Springs Dam are located within the Mountain Time
Zone; Burns is in the Pacific Time Zone.

Objectives

    At the scoping meetings, the staff will: (1) Summarize the
environmental issues tentatively identified for analysis in the EA; (2)
solicit from the meeting participants all available information,
especially quantifiable data, on the resources at issue; (3) encourage

statements from experts and the public on issues that should be
analyzed in the EA, including viewpoints in opposition to, or in
support of, the staff's preliminary views; (4) determine the resource
issues to be addressed in the EA; and (5) identify those issues that
require a detailed analysis, as well as those issues that do not
require a detailed analysis.

Procedures

    The meetings are recorded by a stenographer and become part of the
formal record of the Commission proceeding on the project.
    Individuals, organizations, and agencies with environmental
expertise and concerns are encouraged to attend the meeting and to
assist the staff in defining and clarifying the issues to be addressed
in the EA.

    Dated: April 2, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-08041 Filed 4-9-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Rules and Regulations]
[Pages 52163-52169]
[FR Doc No: 2018-22170]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[EPA-HQ-OW-2017-0303; FRL-9985-34-OW]
RIN 2040-AF71

Water Quality Standards; Withdrawal of Certain Federal Water
Quality Criteria Applicable to California: Lead, Chlorodibromomethane,
and Dichlorobromomethane

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to amend the Federal regulations to withdraw certain freshwater
acute and chronic aquatic life water quality criteria and certain human
health (water and organisms) water quality criteria, applicable to
certain waters of California because California adopted, and the Agency
approved, criteria for these parameters that are protective of the uses
for the waterbodies. In this action, the EPA is amending the Federal
regulations to withdraw those certain criteria applicable to California
as described in the December 11, 2017 proposed rule. The withdrawal
will enable California to implement their EPA-approved water quality
criteria.

DATES: This final rule is effective on November 15, 2018.

ADDRESSES: The EPA has established a docket for this action identified
by Docket ID No. EPA-HQ-OW-2017-0303, at https://www.regulations.gov.
    For additional information about the EPA's public docket, visit the
EPA Docket Center homepage at https://www.epa.gov/dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at two Docket Facilities. The
Office of Water (``OW'') Docket Center is open from 8:30 a.m. until
4:30 p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER> and the Docket address is OW Docket,
EPA West, Room 3334, 1301 Constitution Ave. 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<PHONE_NUMBER>. Publicly available docket
materials are also available in hard copy at the U.S. EPA Region 9
address. Docket materials can be accessed from 9:00 a.m. until 3:00
p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: For information with respect to
California, contact Diane E. Fleck, P.E. Esq., U.S. EPA Region 9, WTR-
2, 75 Hawthorne St., San Francisco, CA 94105

(telephone:<PHONE_NUMBER> or email: [email protected]). For general
and administrative concerns, contact Bryan ``Ibrahim'' Goodwin, U.S.
EPA Headquarters, Office of Science and Technology, 1200 Pennsylvania,
Avenue NW, Mail Code 4305T, Washington, DC 20460 (telephone: (202) 566-
0762 or email: [email protected]).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. Does this action apply to me?
II. Background
    A. What are the applicable Federal statutory and regulatory
requirements?
    B. What are the applicable Federal water quality criteria that
the EPA is withdrawing?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    No one is affected by the final action contained in this document.
This final action would merely serve to withdraw certain Federal water
quality criteria that have been applicable to California and are no
longer needed in light of the EPA-approved state water quality
criteria. If you have any questions regarding the applicability of this
action to a particular entity, consult the person identified in the
preceding section entitled FOR FURTHER INFORMATION CONTACT.

II. Background

A. What are the applicable Federal statutory and regulatory
requirements?

    On May 18, 2000, the EPA promulgated a final rule known as the
``California Toxics Rule'' (``CTR'') at 40 CFR 131.38. The CTR final
rule established numeric water quality criteria for priority toxic
pollutants for the State of California, because the State had not
complied fully with Section 303(c)(2)(B) of the Clean Water Act (CWA)
(65 FR 31682).
    Consistent with the basic tenet of the CWA, the EPA developed its
water quality standards program emphasizing State primacy. Although in
the CTR the EPA promulgated toxic criteria for California, the Agency
prefers that states maintain primacy, revise their own standards, and
achieve full compliance (see 57 FR 60860, December 22, 1992). As
described in the preamble to the final CTR (see 65 FR 31682 (May 18,
2000)), when California adopts, and the EPA approves, water quality
criteria that meet the requirements of the CWA, the Agency will issue a
rule amending the CTR to withdraw the Federal criteria applicable to
California.
    On December 11, 2017, the EPA proposed the withdrawal of certain
freshwater aquatic life (acute and chronic) water quality criteria and
certain federally promulgated human health (water and organisms) water
quality criteria, applicable in California (see 82 FR 58156, December
11, 2017). The EPA received comments on the proposed rule and a listing
of the comments, and the Agency's responses, are contained in the
document ``Response to Comments for Water Quality Standards; Withdrawal
of Certain Federal Water Quality Criteria Applicable to California:
Lead, Chlorodibromomethane and Dichlorobromomethane,'' which can be
accessed at OW docket number EPA-HQ-OW-2017-0303. Today, the EPA is
taking final action on its proposal. The withdrawal of the federally
promulgated criteria will enable California to implement its EPA-
approved water quality criteria for these parameters.

B. What are the applicable Federal water quality criteria that the EPA
is withdrawing?

    As discussed in the proposal (see 82 FR 58156, December 11, 2017),
this final rule amends the Federal regulations in the CTR to withdraw
the following criteria: freshwater acute and chronic aquatic life
criteria for lead for the Los Angeles River and its tributaries; and
human health (water & organisms) criteria for chlorodibromomethane and
dichlorobromomethane for a segment of New Alamo Creek and a segment of
Ulatis Creek. The EPA approved the State's criteria for lead and for
chlorodibromomethane and dichlorobromomethane for these waters because
the Agency determined that the State's criteria were scientifically
sound and protective of the designated uses for these certain waters
and met the requirements of the CWA and the Agency's implementing
regulations at 40 CFR part 131. The State calls these criteria site-
specific water quality objectives or site-specific objectives. More
information on the EPA's actions which approved the California's site-
specific objectives can be accessed at OW docket number EPA-HQ-OW-2017-
0303.
    This final rule will result in the withdrawal of the federally
promulgated criteria for these certain waters under the CTR. However,
the criteria for lead, chlorodibromomethane, and dichlorobromomethane
for other waters in California that are currently part of the CTR
remain in the Federal promulgation.
    No changes to this final rule were made in response to the comments
received on the proposed rule. The EPA received nine comments on the
proposed rule through the public docket which are described in more
detail in this section. Two anonymous comments and one environmental
group opposed the proposed rule to withdraw certain Federal criteria
because California's criteria are higher numerically than the Federal
criteria. Regarding the State's aquatic life criteria for lead, the EPA
indicated that the State has provided analyses that show the criteria
are protective of aquatic life, and that the U.S. Fish and Wildlife
Service agreed that the criteria would not likely adversely affect any
listed threatened or endangered species or their critical habitat.
Regarding the State's human health criteria for chlorodibromomethane
and dichlorobromomethane, the EPA indicated in its response that, as
described in Agency's Record of Decision supporting the approval of the
state's criteria, states and authorized tribes have the flexibility to
adopt water quality criteria that result in a risk level higher than
10-6, up to the 10-5 level. That flexibility is
constrained, however, by the need for careful consideration of the
associated exposure parameter assumptions, and whether the resulting
criteria would expose sensitive subpopulations consuming fish at higher
rates to no more than a 10-4 cancer risk. The EPA determined
that these certain state criteria assure that cancer risk to the most
highly exposed population would not exceed a 10-4 cancer
risk level. In addition, the consumption of the water and fish/
shellfish from the affected waterbody segments does not currently
occur, nor

is it expected to occur in the future. The Sanitation Districts of Los
Angeles County supported the proposed rule. Four comments were outside
the scope of the proposed rule; and, one comment's position was not
clear. Two emails were sent directly to the EPA after the comment
period closed for the proposed rule, inquiring about how water quality
criteria under the CWA are determined compared to the Maximum
Contaminant Levels (MCLs) under the Safe Drinking Water Act (SDWA); the
Agency's response, also included in the docket, stated that the CWA
does not allow for consideration of costs and technological feasibility
in the calculation of CWA water quality criteria, unlike SDWA MCLs. The
EPA's ``Response to Comments for Water Quality Standards; Withdrawal of
Certain Federal Water Quality Criteria Applicable to California: Lead,
Chlorodibromomethane and Dichlorobromomethane'' can be accessed at OW
docket number EPA-HQ-OW-2017-0303.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is a deregulatory action under Executive Order 13771.
This rule is expected to provide meaningful burden reduction by
withdrawal of certain federally promulgated criteria in certain waters
of California.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA because it is administratively withdrawing Federal
requirements that are no longer needed in California. It does not
include any information collection, reporting, or recordkeeping
requirements. The OMB has previously approved the information
collection requirements contained in the existing regulations at 40 CFR
part 131 and has assigned OMB control number 2040-0286.

D. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. As this action withdraws certain federally
promulgated criteria, the action imposes no enforceable duty on any
state, local, or tribal governments, or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. This rule
imposes no regulatory requirements or costs on any state or local
governments. Thus, Executive Order 13132 does not apply to this action.
    In the spirit of Executive Order 13132, and consistent with the EPA
policy to promote communications between the Agency and state and local
governments, the Agency specifically solicited comment on this action
from state and local officials.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175. This rule imposes no regulatory requirements or
costs on any tribal government. It does not have substantial direct
effects on tribal governments, the relationship between the Federal
Government and tribes, or on the distribution of power and
responsibilities between the Federal Government and tribes. Thus,
Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866, and because the Agency does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.

I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer Advancement Act

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
EPA has previously determined, based on the most current science and
the Agency's CWA Section 304(a) recommended criteria, that California's
adopted and the Agency-approved criteria are protective of human
health.

L. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective November 15, 2018.

List of Subjects in 40 CFR Part 131

    Environmental protection, Administrative practice and procedure,
Reporting and recordkeeping requirements, Water pollution control.

    Dated: October 4, 2018.
Andrew R. Wheeler,
Acting Administrator.
    For the reasons set out in the preamble title 40, chapter I, part
131 of the Code of Federal Regulation is amended as follows:

PART 131--WATER QUALITY STANDARDS

0
1. The authority citation for part 131 continues to read as follows:

    Authority:  33 U.S.C. 1251 et seq.

0
2. Amend Sec.  131.38 by revising the table in paragraph (b)(1) to read
as follows:

Sec.  131.38  Establishment of numeric criteria for priority toxic
pollutants for the State of California.

* * * * *
    (b)(1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                            A                                      B Freshwater                 C Saltwater             D Human health (10-6 risk for
--------------------------------------------------------------------------------------------------------------------   carcinogens) for consumption of:
                                                               Criterion     Criterion     Criterion     Criterion  ------------------------------------
                                                                maximum     continuous      maximum     continuous        Water and
                Number compound                   CAS No.       conc.d        conc.d        conc.d        conc.d      organisms ([mu]g/   Organisms only
                                                             ([mu]g/L) B1  ([mu]g/L) B2  ([mu]g/L) C1  ([mu]g/L) C2         L) D1          ([mu]g/L) D2
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Antimony...................................      7440360  ............  ............  ............  ............              a s 14         a t 4300
2. Arsenic b..................................      7440382     i m w 340     i m w 150        i m 69        i m 36  ..................  ...............
3. Beryllium..................................      7440417  ............  ............  ............  ............                 (n)              (n)
4. Cadmium b..................................      7440439     e i m w x   e i m w 2.2        i m 42       i m 9.3                 (n)              (n)
                                                                      4.3
5a. Chromium (III)............................     16065831   e i m o 550   e i m o 180  ............  ............                 (n)              (n)
5b. Chromium (VI) b...........................     18540299      i m w 16      i m w 11      i m 1100        i m 50                 (n)              (n)
6. Copper b...................................      7440508  e i m w x 13   e i m w 9.0       i m 4.8       i m 3.1                1300  ...............
7. Lead b.....................................      7439921    e i m z 65   e i m z 2.5       i m 210       i m 8.1                 (n)              (n)
8. Mercury b..................................      7439976    [Reserved]    [Reserved]    [Reserved]    [Reserved]             a 0.050          a 0.051
9. Nickel b...................................      7440020   e i m w 470    e i m w 52        i m 74       i m 8.2               a 610           a 4600
10. Selenium b................................      7782492  p [Reserved]         q 5.0       i m 290        i m 71                 (n)              (n)
11. Silver b..................................      7440224     e i m 3.4  ............       i m 1.9  ............  ..................  ...............
12. Thallium..................................      7440280  ............  ............  ............  ............             a s 1.7          a t 6.3
13. Zinc b....................................      7440666     e i m w x   e i m w 120        i m 90        i m 81  ..................  ...............
                                                                      120
14. Cyanide b.................................        57125          o 22         o 5.2           r 1           r 1               a 700      a j 220,000
15. Asbestos..................................      1332214  ............  ............  ............  ............       k s 7,000,000  ...............
                                                                                fibers/l
16. 2,3,7,8-TCDD (Dioxin).....................      1746016  ............  ............  ............  ............       c 0.000000013    c 0.000000014
17. Acrolein..................................       107028  ............  ............  ............  ............               s 320            t 780
18. Acrylonitrile.............................       107131  ............  ............  ............  ............         a c s 0.059       a c t 0.66
19. Benzene...................................        71432  ............  ............  ............  ............             a c 1.2           a c 71
20. Bromoform.................................        75252  ............  ............  ............  ............             a c 4.3          a c 360
21. Carbon Tetrachloride......................        56235  ............  ............  ............  ............          a c s 0.25        a c t 4.4
22. Chlorobenzene.............................       108907  ............  ............  ............  ............             a s 680     a j t 21,000
23. Chlorodibromomethane......................       124481  ............  ............  ............  ............          a c y 0.41           a c 34
24. Chloroethane..............................        75003  ............  ............  ............  ............  ..................  ...............
25. 2-Chloroethylvinyl Ether..................       110758  ............  ............  ............  ............  ..................  ...............
26. Chloroform................................        67663  ............  ............  ............  ............          [Reserved]       [Reserved]
27. Dichlorobromomethane......................        75274  ............  ............  ............  ............          a c y 0.56           a c 46
28. 1,1-Dichloroethane........................        75343  ............  ............  ............  ............  ..................  ...............
29. 1,2-Dichloroethane........................       107062  ............  ............  ............  ............          a c s 0.38         a c t 99
30. 1,1-Dichloroethylene......................        75354  ............  ............  ............  ............         a c s 0.057        a c t 3.2
31. 1,2-Dichloropropane.......................        78875  ............  ............  ............  ............              a 0.52             a 39
32. 1,3-Dichloropropylene.....................       542756  ............  ............  ............  ............              a s 10        a t 1,700
33. Ethylbenzene..............................       100414  ............  ............  ............  ............           a s 3,100       a t 29,000
34. Methyl Bromide............................        74839  ............  ............  ............  ............                a 48          a 4,000
35. Methyl Chloride...........................        74873  ............  ............  ............  ............                 (n)              (n)
36. Methylene Chloride........................        75092  ............  ............  ............  ............             a c 4.7        a c 1,600
37. 1,1,2,2-Tetrachloroethane.................        79345  ............  ............  ............  ............          a c s 0.17         a c t 11
38. Tetrachloroethylene.......................       127184  ............  ............  ............  ............             c s 0.8         c t 8.85
39. Toluene...................................       108883  ............  ............  ............  ............             a 6,800        a 200,000
40. 1,2-Trans-Dichloroethylene................       156605  ............  ............  ............  ............               a 700        a 140,000
41. 1,1,1-Trichloroethane.....................        71556  ............  ............  ............  ............                 (n)              (n)
42. 1,1,2-Trichloroethane.....................        79005  ............  ............  ............  ............          a c s 0.60         a c t 42
43. Trichloroethylene.........................        79016  ............  ............  ............  ............             c s 2.7           c t 81
44. Vinyl Chloride............................        75014  ............  ............  ............  ............               c s 2          c t 525
45. 2-Chlorophenol............................        95578  ............  ............  ............  ............               a 120            a 400
46. 2,4-Dichlorophenol........................       120832  ............  ............  ............  ............              a s 93          a t 790
47. 2,4-Dimethylphenol........................       105679  ............  ............  ............  ............               a 540          a 2,300
48. 2-Methyl-4,6-Dinitrophenol................       534521  ............  ............  ............  ............              s 13.4            t 765
49. 2,4-Dinitrophenol.........................        51285  ............  ............  ............  ............              a s 70       a t 14,000
50. 2-Nitrophenol.............................        88755  ............  ............  ............  ............  ..................  ...............
51. 4-Nitrophenol.............................       100027  ............  ............  ............  ............  ..................  ...............

52. 3-Methyl-4-Chlorophenol...................        59507  ............  ............  ............  ............  ..................  ...............
53. Pentachlorophenol.........................        87865        f w 19        f w 15            13           7.9            a c 0.28        a c j 8.2
54. Phenol....................................       108952  ............  ............  ............  ............            a 21,000  a j t 4,600,000
55. 2,4,6-Trichlorophenol.....................        88062  ............  ............  ............  ............             a c 2.1          a c 6.5
56. Acenaphthene..............................        83329  ............  ............  ............  ............             a 1,200          a 2,700
57. Acenaphthylene............................       208968  ............  ............  ............  ............  ..................  ...............
58. Anthracene................................       120127  ............  ............  ............  ............             a 9,600        a 110,000
59. Benzidine.................................        92875  ............  ............  ............  ............       a c s 0.00012    a c t 0.00054
60. Benzo(a)Anthracene........................        56553  ............  ............  ............  ............          a c 0.0044        a c 0.049
61. Benzo(a)Pyrene............................        50328  ............  ............  ............  ............          a c 0.0044        a c 0.049
62. Benzo(b)Fluoranthene......................       205992  ............  ............  ............  ............          a c 0.0044        a c 0.049
63. Benzo(ghi)Perylene........................       191242  ............  ............  ............  ............  ..................  ...............
64. Benzo(k)Fluoranthene......................       207089  ............  ............  ............  ............          a c 0.0044        a c 0.049
65. Bis(2-Chloroethoxy)Methane................       111911  ............  ............  ............  ............  ..................  ...............
66. Bis(2-Chloroethyl)Ether...................       111444  ............  ............  ............  ............         a c s 0.031        a c t 1.4
67. Bis(2-Chloroisopropyl)Ether...............       108601  ............  ............  ............  ............             a 1,400      a t 170,000
68. Bis(2-Ethylhexyl)Phthalate................       117817  ............  ............  ............  ............           a c s 1.8        a c t 5.9
69. 4-Bromophenyl Phenyl Ether................       101553  ............  ............  ............  ............  ..................  ...............
70. Butylbenzyl Phthalate.....................        85687  ............  ............  ............  ............             a 3,000          a 5,200
71. 2-Chloronaphthalene.......................        91587  ............  ............  ............  ............             a 1,700          a 4,300
72. 4-Chlorophenyl Phenyl Ether...............      7005723  ............  ............  ............  ............  ..................  ...............
73. Chrysene..................................       218019  ............  ............  ............  ............          a c 0.0044        a c 0.049
74. Dibenzo(a,h)Anthracene....................        53703  ............  ............  ............  ............          a c 0.0044        a c 0.049
75. 1,2 Dichlorobenzene.......................        95501  ............  ............  ............  ............             a 2,700         a 17,000
76. 1,3 Dichlorobenzene.......................       541731  ............  ............  ............  ............                 400            2,600
77. 1,4 Dichlorobenzene.......................       106467  ............  ............  ............  ............                 400            2,600
78. 3,3'-Dichlorobenzidine....................        91941  ............  ............  ............  ............          a c s 0.04      a c t 0.077
79. Diethyl Phthalate.........................        84662  ............  ............  ............  ............          a s 23,000      a t 120,000
80. Dimethyl Phthalate........................       131113  ............  ............  ............  ............           s 313,000      t 2,900,000
81. Di-n-Butyl Phthalate......................        84742  ............  ............  ............  ............           a s 2,700       a t 12,000
82. 2,4-Dinitrotoluene........................       121142  ............  ............  ............  ............            c s 0.11          c t 9.1
83. 2,6-Dinitrotoluene........................       606202  ............  ............  ............  ............  ..................  ...............
84. Di-n-Octyl Phthalate......................       117840  ............  ............  ............  ............  ..................  ...............
85. 1,2-Diphenylhydrazine.....................       122667  ............  ............  ............  ............         a c s 0.040       a c t 0.54
86. Fluoranthene..............................       206440  ............  ............  ............  ............               a 300            a 370
87. Fluorene..................................        86737  ............  ............  ............  ............             a 1,300         a 14,000
88. Hexachlorobenzene.........................       118741  ............  ............  ............  ............         a c 0.00075      a c 0.00077
89. Hexachlorobutadiene.......................        87683  ............  ............  ............  ............          a c s 0.44         a c t 50
90. Hexachlorocyclopentadiene.................        77474  ............  ............  ............  ............             a s 240     a j t 17,000
91. Hexachloroethane..........................        67721  ............  ............  ............  ............           a c s 1.9        a c t 8.9
92. Indeno(1,2,3-cd) Pyrene...................       193395  ............  ............  ............  ............          a c 0.0044        a c 0.049
93. Isophorone................................        78591  ............  ............  ............  ............             c s 8.4          c t 600
94. Naphthalene...............................        91203  ............  ............  ............  ............  ..................  ...............
95. Nitrobenzene..............................        98953  ............  ............  ............  ............              a s 17      a j t 1,900
96. N-Nitrosodimethylamine....................        62759  ............  ............  ............  ............       a c s 0.00069        a c t 8.1
97. N-Nitrosodi-n-Propylamine.................       621647  ............  ............  ............  ............             a 0.005            a 1.4
98. N-Nitrosodiphenylamine....................        86306  ............  ............  ............  ............           a c s 5.0         a c t 16
99. Phenanthrene..............................        85018  ............  ............  ............  ............  ..................  ...............
100. Pyrene...................................       129000  ............  ............  ............  ............               a 960         a 11,000
101. 1,2,4-Trichlorobenzene...................       120821  ............  ............  ............  ............  ..................  ...............
102. Aldrin...................................       309002           g 3  ............         g 1.3  ............         a c 0.00013      a c 0.00014
103. alpha-BHC................................       319846  ............  ............  ............  ............          a c 0.0039        a c 0.013
104. beta-BHC.................................       319857  ............  ............  ............  ............           a c 0.014        a c 0.046
105. gamma-BHC................................        58899        w 0.95  ............        g 0.16  ............             c 0.019          c 0.063
106. delta-BHC................................       319868  ............  ............  ............  ............  ..................  ...............
107. Chlordane................................        57749         g 2.4      g 0.0043        g 0.09       g 0.004         a c 0.00057      a c 0.00059
108. 4,4'-DDT.................................        50293         g 1.1       g 0.001        g 0.13       g 0.001         a c 0.00059      a c 0.00059
109. 4,4'-DDE.................................        72559  ............  ............  ............  ............         a c 0.00059      a c 0.00059
110. 4,4'-DDD.................................        72548  ............  ............  ............  ............         a c 0.00083      a c 0.00084
111. Dieldrin.................................        60571        w 0.24       w 0.056        g 0.71      g 0.0019         a c 0.00014      a c 0.00014
112. alpha-Endosulfan.........................       959988        g 0.22       g 0.056       g 0.034      g 0.0087               a 110            a 240
113. beta-Endosulfan..........................     33213659        g 0.22       g 0.056       g 0.034      g 0.0087               a 110            a 240
114. Endosulfan Sulfate.......................      1031078  ............  ............  ............  ............               a 110            a 240
115. Endrin...................................        72208       w 0.086       w 0.036       g 0.037      g 0.0023              a 0.76         a j 0.81
116. Endrin Aldehyde..........................      7421934  ............  ............  ............  ............              a 0.76         a j 0.81
117. Heptachlor...............................        76448        g 0.52      g 0.0038       g 0.053      g 0.0036         a c 0.00021      a c 0.00021
118. Heptachlor Epoxide.......................      1024573        g 0.52      g 0.0038       g 0.053      g 0.0036         a c 0.00010      a c 0.00011
119-125. Polychlorinated biphenyls (PCBs).....  ...........  ............       u 0.014  ............        u 0.03         c v 0.00017      c v 0.00017
126. Toxaphene................................      8001352          0.73        0.0002          0.21        0.0002         a c 0.00073      a c 0.00075
                                               ---------------------------------------------------------------------------------------------------------
    Total Number of Criteria h................  ...........            22            21            22            20                  92               90
--------------------------------------------------------------------------------------------------------------------------------------------------------
Footnotes to Table in Paragraph (b)(1):
\a\ Criteria revised to reflect the Agency q1* or RfD, as contained in the Integrated Risk Information System (IRIS) as of October 1, 1996. The fish
  tissue bioconcentration factor (BCF) from the 1980 documents was retained in each case.

\b\ Criteria apply to California waters except for those waters subject to objectives in Tables III-2A and III-2B of the San Francisco Regional Water
  Quality Control Board's (SFRWQCB) 1986 Basin Plan that were adopted by the SFRWQCB and the State Water Resources Control Board, approved by the EPA,
  and which continue to apply. For copper and nickel, criteria apply to California waters except for waters south of Dumbarton Bridge in San Francisco
  Bay that are subject to the objectives in the SFRWQCB's Basin Plan as amended by SFRWQCB Resolution R2-2002-0061, dated May 22, 2002, and approved by
  the State Water Resources Control Board. The EPA approved the aquatic life site-specific objectives on January 21, 2003. The copper and nickel aquatic
  life site-specific objectives contained in the amended Basin Plan apply instead.
\c\ Criteria are based on carcinogenicity of 10 (-6) risk.
\d\ Criteria Maximum Concentration (CMC) equals the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time
  without deleterious effects. Criteria Continuous Concentration (CCC) equals the highest concentration of a pollutant to which aquatic life can be
  exposed for an extended period of time (4 days) without deleterious effects. [mu]g/L equals micrograms per liter.
\e\ Freshwater aquatic life criteria for metals are expressed as a function of total hardness (mg/L) in the water body. The equations are provided in
  matrix at paragraph (b)(2) of this section. Values displayed above in the matrix correspond to a total hardness of 100 mg/l.
\f\ Freshwater aquatic life criteria for pentachlorophenol are expressed as a function of pH, and are calculated as follows: Values displayed above in
  the matrix correspond to a pH of 7.8. CMC = exp(1.005(pH)-4.869). CCC = exp(1.005(pH)-5.134).
\g\ This criterion is based on Clean Water Act (CWA) 304(a) aquatic life criterion issued in 1980, and was issued in one of the following documents:
  Aldrin/Dieldrin (EPA 440/5-80-019), Chlordane (EPA 440/5-80-027), DDT (EPA 440/5-80-038), Endosulfan (EPA 440/5-80-046), Endrin (EPA 440/5-80-047),
  Heptachlor (440/5-80-052), Hexachlorocyclohexane (EPA 440/5-80-054), Silver (EPA 440/5-80-071). The Minimum Data Requirements and derivation
  procedures were different in the 1980 Guidelines than in the 1985 Guidelines. For example, a ``CMC'' derived using the 1980 Guidelines was derived to
  be used as an instantaneous maximum. If assessment is to be done using an averaging period, the values given should be divided by 2 to obtain a value
  that is more comparable to a CMC derived using the 1985 Guidelines.
\h\ These totals simply sum the criteria in each column. For aquatic life, there are 23 priority toxic pollutants with some type of freshwater or
  saltwater, acute or chronic criteria. For human health, there are 92 priority toxic pollutants with either ``water + organism'' or ``organism only''
  criteria. Note that these totals count chromium as one pollutant even though the EPA has developed criteria based on two valence states. In the
  matrix, the EPA has assigned numbers 5a and 5b to the criteria for chromium to reflect the fact that the list of 126 priority pollutants includes only
  a single listing for chromium.
\i\ Criteria for these metals are expressed as a function of the water-effect ratio, WER, as defined in paragraph (c) of this section. CMC = column B1
  or C1 value x WER; CCC = column B2 or C2 value x WER.
\j\ No criterion for protection of human health from consumption of aquatic organisms (excluding water) was presented in the 1980 criteria document or
  in the 1986 Quality Criteria for Water. Nevertheless, sufficient information was presented in the 1980 document to allow a calculation of a criterion,
  even though the results of such a calculation were not shown in the document.
\k\ The CWA 304(a) criterion for asbestos is the MCL.
\l\ [Reserved].
\m\ These freshwater and saltwater criteria for metals are expressed in terms of the dissolved fraction of the metal in the water column. Criterion
  values were calculated by using the EPA's Clean Water Act 304(a) guidance values (described in the total recoverable fraction) and then applying the
  conversion factors in Sec.   131.36(b)(1) and (2).
\n\ The EPA is not promulgating human health criteria for these contaminants. However, permit authorities should address these contaminants in NPDES
  permit actions using the State's existing narrative criteria for toxics.
\o\ These criteria were promulgated for specific waters in California in the National Toxics Rule (``NTR''), at Sec.   131.36. The specific waters to
  which the NTR criteria apply include: Waters of the State defined as bays or estuaries and waters of the State defined as inland, i.e., all surface
  waters of the State not ocean waters. These waters specifically include the San Francisco Bay upstream to and including Suisun Bay and the Sacramento-
  San Joaquin Delta. This section does not apply instead of the NTR for this criterion.
\p\ A criterion of 20 [mu]g/l was promulgated for specific waters in California in the NTR and was promulgated in the total recoverable form. The
  specific waters to which the NTR criterion applies include: Waters of the San Francisco Bay upstream to and including Suisun Bay and the Sacramento-
  San Joaquin Delta; and waters of Salt Slough, Mud Slough (north) and the San Joaquin River, Sack Dam to the mouth of the Merced River. This section
  does not apply instead of the NTR for this criterion. The State of California adopted and the EPA approved a site specific criterion for the San
  Joaquin River, mouth of Merced to Vernalis; therefore, this section does not apply to these waters.
\q\ This criterion is expressed in the total recoverable form. This criterion was promulgated for specific waters in California in the NTR and was
  promulgated in the total recoverable form. The specific waters to which the NTR criterion applies include: Waters of the San Francisco Bay upstream to
  and including Suisun Bay and the Sacramento-San Joaquin Delta; and waters of Salt Slough, Mud Slough (north) and the San Joaquin River, Sack Dam to
  Vernalis. This criterion does not apply instead of the NTR for these waters. This criterion applies to additional waters of the United States in the
  State of California pursuant to paragraph (c) of this section. The State of California adopted and the EPA approved a site-specific criterion for the
  Grassland Water District, San Luis National Wildlife Refuge, and the Los Banos State Wildlife Refuge; therefore, this criterion does not apply to
  these waters.
\r\ These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR criteria apply include: Waters of
  the State defined as bays or estuaries including the Sacramento-San Joaquin Delta within California Regional Water Board 5, but excluding the San
  Francisco Bay. This section does not apply instead of the NTR for these criteria.
\s\ These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR criteria apply include: Waters of
  the Sacramento-San Joaquin Delta and waters of the State defined as inland (i.e., all surface waters of the State not bays or estuaries or ocean) that
  include a MUN use designation. This section does not apply instead of the NTR for these criteria.
\t\ These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR criteria apply include: Waters of
  the State defined as bays and estuaries including San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta; and
  waters of the State defined as inland (i.e., all surface waters of the State not bays or estuaries or ocean) without a MUN use designation. This
  section does not apply instead of the NTR for these criteria.
\u\ PCBs are a class of chemicals which include aroclors 1242, 1254, 1221, 1232, 1248, 1260, and 1016, CAS numbers 53469219, 11097691, 11104282,
  11141165, 12672296, 11096825, and 12674112, respectively. The aquatic life criteria apply to the sum of this set of seven aroclors.
\v\ This criterion applies to total PCBs, e.g., the sum of all congener or isomer or homolog or aroclor analyses.
\w\ This criterion has been recalculated pursuant to the 1995 Updates: Water Quality Criteria Documents for the Protection of Aquatic Life in Ambient
  Water, Office of Water, EPA-820-B-96-001, September 1996. See also Great Lakes Water Quality Initiative Criteria Documents for the Protection of
  Aquatic Life in Ambient Water, Office of Water, EPA-80-B-95-004, March 1995.
\x\ The State of California has adopted and the EPA has approved site specific criteria for the Sacramento River (and tributaries) above Hamilton City;
  therefore, these criteria do not apply to these waters.
\y\ The State of California adopted and the EPA approved a site-specific criterion for New Alamo Creek from Old Alamo Creek to Ulatis Creek and for
  Ulatis Creek from Alamo Creek to Cache Slough; therefore, this criterion does not apply to these waters.
\z\ The State of California adopted and the EPA approved a site-specific criterion for the Los Angeles River and its tributaries; therefore, this
  criterion does not apply to these waters.
General Notes To Table In Paragraph (b)(1)
1. The table in this paragraph (b)(1) lists all of the EPA's priority toxic pollutants whether or not criteria guidance are available. Blank spaces
  indicate the absence of national section 304(a) criteria guidance. Because of variations in chemical nomenclature systems, this listing of toxic
  pollutants does not duplicate the listing in appendix A to 40 CFR part 423--126 Priority Pollutants. The EPA has added the Chemical Abstracts Service
  (CAS) registry numbers, which provide a unique identification for each chemical.
2. The following chemicals have organoleptic-based criteria recommendations that are not included on this chart: zinc, 3-methyl-4-chlorophenol.
3. Freshwater and saltwater aquatic life criteria apply as specified in paragraph (c)(3) of this section.

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[FR Doc. 2018-22170 Filed 10-15-18; 8:45 am]
 BILLING CODE 6560-50-P