80 FR 44350 - Request for Scientific Views: Draft Recommended Aquatic Life Ambient Water Quality Chronic Criterion for Selenium-Freshwater 2015

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 143 (July 27, 2015)

Page Range		44350-44354
FR Document		2015-18348
The Environmental Protection Agency (EPA) is opening the comment period for the Agency's draft recommended aquatic life water quality chronic criterion for selenium in freshwater. EPA released a previous draft entitled ``External Peer Review Draft Aquatic Life Ambient Water Quality Criterion for Selenium--Freshwater, 2014'' for public comment on May 14, 2014. EPA received scientific views from the public and stakeholders, and convened a contractor-led expert external peer review. EPA considered the results from the expert peer review and scientific views and comments from the public and stakeholders to develop the current draft document, which is now available for comment. Following closure of this public comment period, EPA will consider scientific views from the public on this draft document as well as any new data or information received. EPA will then publish Federal Register notice(s) announcing the availability of the final selenium criterion.
Federal Register, Volume 80 Issue 143 (Monday, July 27, 2015)
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44350-44354]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18348]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2004-0019; FRL-9931-21-OW]


Request for Scientific Views: Draft Recommended Aquatic Life 
Ambient Water Quality Chronic Criterion for Selenium--Freshwater 2015

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: The Environmental Protection Agency (EPA) is opening the 
comment period for the Agency's draft recommended aquatic life water 
quality chronic criterion for selenium in freshwater. EPA released a 
previous draft entitled ``External Peer Review Draft Aquatic Life 
Ambient Water Quality Criterion for Selenium--Freshwater, 2014'' for 
public comment on May 14, 2014. EPA received scientific views from the 
public and stakeholders, and convened a contractor-led expert external 
peer review. EPA considered the results from the expert peer review and 
scientific views and comments from the public and stakeholders to 
develop the current draft document, which is now available for comment. 
Following closure of this public comment period, EPA will consider 
scientific views from the public on this draft document as well as any 
new data or information received. EPA will then publish Federal 
Register notice(s) announcing the availability of the final selenium 
criterion.

DATES: Comments must be received on or before September 25, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2004-0019, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected]. Attention Docket No. EPA-HQ-OW-
2004-0019.
     Fax: 202-566-1140.
     Mail: EPA Water Docket, Environmental Protection Agency, 
Mailcode 2822-IT 1200 Pennsylvania Ave. NW., Washington, DC 20640, 
Attention Docket No. EPA-HQ-OW-2004-0019. Please include a total of two 
copies (including references).
     Hand Delivery: EPA Water Docket, EPA Docket Center, 
William Jefferson Clinton West Building, Room 3334, 1301 Constitution 
Avenue NW., Washington, DC 20004, Docket No. EPA-HQ-OW-2004-0019. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. [EPA-HQ-2004-
0019]. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or [email protected]. The www.regulations.gov Web site is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly

[[Page 44351]]

to EPA without going through www.regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Kathryn Gallagher, Ph.D., Office of 
Water, Health and Ecological Criteria Division (4304T), Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; 
telephone: (202) 564-1398; fax: 202-566-1140, or email: 
[email protected].

SUPPLEMENTARY INFORMATION:
    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 the EPA-HQ-OW-2004-0019 
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. 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, and the telephone 
number for the EPA-HQ-OW-2004-0019 is (202) 566-2426. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.

GENERAL INFORMATION: 

I. What are recommended water quality criteria?

    EPA's recommended water quality criteria are scientifically derived 
numeric values that protect aquatic life or human health from the 
deleterious effects of pollutants in ambient water. Section 304(a)(1) 
of the Clean Water Act (CWA) requires EPA to develop and publish and, 
from time to time, revise, criteria for protection of aquatic life and 
human health that accurately reflect the latest scientific knowledge. 
Water quality criteria developed under section 304(a) are based solely 
on data and scientific judgments on the relationship between pollutant 
concentrations and environmental and human health effects. Section 
304(a) criteria do not reflect consideration of economic impacts or the 
technological feasibility of meeting pollutant concentrations in 
ambient water.
    EPA's recommended section 304(a) criteria provide technical 
information to states and authorized tribes in adopting water quality 
standards (WQS) that ultimately provide a basis for assessing water 
body health and controlling discharges or releases of pollutants. Under 
the CWA and its implementing regulations, states and authorized tribes 
are to adopt water quality criteria to protect designated uses (e.g., 
public water supply, aquatic life, recreational use, or industrial 
use). EPA's recommended water quality criteria do not substitute for 
the CWA or regulations, nor are they regulations themselves. EPA's 
recommended criteria do not impose legally binding requirements. States 
and authorized tribes have the discretion to adopt, where appropriate, 
other scientifically defensible water quality criteria that differ from 
these recommendations.

II. What is Selenium and why is EPA concerned about it?

    Selenium is a naturally occurring chemical element that is 
nutritionally essential in small amounts, but toxic at higher 
concentrations. Selenium can be released to the environment by a number 
of anthropogenic sources, such as coal mining, coal-fired power plants 
(fly ash), irrigated agriculture, and phosphate mining. Selenium is a 
bioaccumulative pollutant. Fish and other aquatic organisms are exposed 
to and accumulate selenium primarily through their diet, and not 
directly through water. Selenium toxicity in fish occurs primarily 
through maternal transfer to the eggs and subsequent reproductive 
effects. Consequently, EPA is updating its national recommended chronic 
aquatic life criterion for selenium in freshwater to reflect the latest 
scientific information, which indicates that selenium toxicity to 
aquatic life is primarily driven by organisms consuming selenium-
contaminated food rather than by being directly exposed to selenium 
dissolved in water.

III. Information on the Draft Aquatic Life Ambient Water Quality 
Criterion for Selenium--Freshwater 2015

    EPA prepared a draft aquatic life criterion document for selenium 
based on the latest scientific information and current EPA policies and 
methods, including EPA's Guidelines for Deriving Numerical National 
Water Quality Criteria for the Protection of Aquatic Organisms and 
Their Uses (1985) (EPA/R-85-100) and Guidelines for Ecological Risk 
Assessment (1998) (EPA/630/R-95/002F). Toxicity data and other 
information on the effects of selenium were obtained from reliable 
sources and subjected to both internal and, in some cases, external 
peer review. EPA considered public comments previously collected in 
response to EPA's 2004 notice of availability (published on December 
17, 2004 at 69 FR 75541) and new toxicity data for selenium developed 
in response to those comments (EPA-822-F-08-005) in the development of 
the external peer review draft criterion document. EPA also considered 
information submitted in 2014 during the external peer review and 
public comment on the ``External Peer Review Draft,'' including 
additional toxicity data, in developing the current draft criterion.
    The draft criterion has four elements (Table 1), consisting of two 
fish tissue-based and two water column-based elements. The draft 
criterion document contains a recommendation that states and authorized 
tribes adopt into their WQS a selenium criterion that includes all four 
elements. Because fish tissue-based concentration is a more direct 
measure of selenium toxicity to aquatic life than water column 
concentrations, EPA recommends that fish tissue elements be given 
precedence over the water column elements when both types of data are 
available, except in certain situations.
    The available data indicate that freshwater aquatic life would be 
protected from the toxic effects of selenium by applying the following 
four-element criterion:
    1. The concentration of selenium in the eggs or ovaries of fish 
does not exceed 15.8 mg/kg, dry weight;
    2. The concentration of selenium (a) in whole-body of fish does not 
exceed 8.0 mg/kg dry weight, or (b) in muscle tissue of fish (skinless, 
boneless fillet) does not exceed 11.3 mg/kg dry weight;
    3. The 30-day average concentration of selenium in water does not 
exceed 3.1 [micro]g/L in lotic (flowing) waters and 1.2 [micro]g/L in 
lentic (standing) waters more than once in three years on average;

[[Page 44352]]

    4. The intermittent concentration of selenium in water does not 
exceed
[GRAPHIC] [TIFF OMITTED] TN27JY15.034

[GRAPHIC] [TIFF OMITTED] TN27JY15.035

    The draft criterion document does not include a draft acute 
criterion (based on water-only exposure) because selenium is 
bioaccumulative and toxicity primarily occurs through dietary exposure. 
EPA will consider the public comments, revise the document as 
necessary, and issue a final updated selenium criterion document. This 
draft criterion document does not represent and should not be construed 
to represent any final EPA policy, viewpoint, or determination.

IV. What is the relationship between the Draft Chronic Water Quality 
Criterion and Your State or Tribal Water Quality Standards?

    As part of the WQS triennial review process defined in section 
303(c)(1) of the CWA, the states and authorized tribes are responsible 
for maintaining and revising WQS. Standards consist of

[[Page 44353]]

designated uses, water quality criteria to protect those uses, a policy 
for antidegradation, and may include general policies for application 
and implementation. Section 303(c)(1) requires states and authorized 
tribes to review and modify, if appropriate, their WQS at least once 
every three years.
    States and authorized tribes must adopt water quality criteria that 
protect designated uses. Protective criteria are based on a sound 
scientific rationale and contain sufficient parameters or constituents 
to protect the designated uses. Criteria may be expressed in either 
narrative or numeric form. States and authorized tribes have four 
options when adopting water quality criteria for which EPA has 
published section 304(a) criteria. They can:
    (1) Establish numerical values based on recommended section 304(a) 
criteria;
    (2) Adopt section 304(a) criteria modified to reflect site-specific 
conditions;
    (3) Adopt criteria derived using other scientifically defensible 
methods; or
    (4) Establish narrative criteria where numeric criteria cannot be 
established or to supplement numerical criteria (40 CFR 131.11(b)).
    It is important for states and authorized tribes to consider any 
new or updated section 304(a) criteria as part of their triennial 
review to ensure that state or tribal WQS reflect current science and 
protect applicable designated uses. The recommendations in the draft 
selenium criterion document may change based on scientific views shared 
in response to this notice. Upon finalization, the updated selenium 
criterion would supersede EPA's previous 304(a) freshwater criteria for 
selenium.
    Consistent with 40 CFR 131.21, new or revised water quality 
criteria adopted into law or regulation by states and authorized tribes 
on or after May 30, 2000 are in effect for CWA purposes only after EPA 
approval.
    To support EPA's upcoming CWA section 304(a) ambient water quality 
criteria recommendations for selenium, EPA is developing informational 
materials to aid state and tribal adoption. These informational 
materials will be released when the final selenium criterion is 
published.

V. Solicitation of Scientific Views

    EPA is soliciting additional scientific views, data, and 
information regarding the science and technical approach used by the 
Agency in the derivation of this draft freshwater chronic criterion for 
selenium. The Agency has identified two particular issues (detailed 
below), for which additional data and information are solicited.

1. Request for Additional Data and Information Related to the 
Sensitivity of Cyprinids (Minnow Species) to Selenium

    During the 2014 public comment process, EPA received comments that 
included data on zebrafish (Danio rerio) toxicity testing with 
selenium. (Public comment EPA-HQ-OW-2004-0019-0354; http://www.regulations.gov/). The commenters suggested that the data be used 
by the EPA in its revision of the egg-ovary criterion element, since 
the zebrafish study was a maternal transfer study similar to those used 
in the external peer review draft. In response to the comments, EPA 
solicited the study and all underlying data from the authors of the 
study referenced by the commenters (Thomas and Janz, 2014). EPA 
undertook a comprehensive data review of the study and data.
    During its review, EPA identified concerns regarding the 
concentration response curve of the zebrafish toxicity test compared to 
the other fish species toxicity tests that EPA used in derivation of 
the 2014 draft criterion. The zebrafish data showed an anomalously 
shallow concentration response curve compared to data from all other 
tested fish species. Further, high control mortality (47%) at the end 
of the study raised concerns about the study design as well as the 
health of the fish at the time of testing. In addition, since the 
zebrafish is a non-native cyprinid species, EPA assessed the 
information available on zebrafish sensitivity to selenium compared to 
the sensitivity of native cyprinid (minnow) species across the United 
States (Appendix D in the criteria document), including several studies 
where native cyprinids were investigated in selenium-impacted waters. 
Data from these studies suggest that native cyprinids are likely less 
sensitive to selenium than the currently available non-native zebrafish 
data suggest. The results of the study, particularly a comparison of 
the concentration response relationships of zebrafish vs. all of the 
other fish species for which we have similar data, raises a concern.
    Given these concerns, EPA has not used the zebrafish data 
quantitatively in the derivation of the revised criterion. EPA seeks 
additional information on cyprinid taxa sensitivity to selenium, and 
particularly additional data on zebrafish. These studies should be 
submitted to the docket in similar fashion as scientific views on the 
criterion document. EPA will then consider this information in 
finalizing the selenium criterion document.

2. Request for Additional Data and Information on the Dynamics of 
Selenium Equilibrium in Lentic and Lotic Waters Related to New or 
Increased Selenium Inputs

    EPA's draft selenium water quality criterion recommends that 
elements based on fish tissue (egg-ovary, whole body, and/or muscle) 
data should override the criterion elements based on selenium water 
column data. The criterion is structured this way because fish tissue 
concentrations generally provide the most robust and direct information 
on potential selenium effects in fish. However, because selenium 
concentrations in fish tissue are a result of selenium bioaccumulation 
via dietary exposure, there are specific circumstances where the fish 
tissue concentrations are not expected to fully represent potential 
effects on fish and the aquatic ecosystem: Waters with new or increased 
selenium inputs, prior to equilibrium within the food web; and 
``fishless waters'' (waters where fish have been extirpated or where 
physical habitat and/or flow regime cannot sustain fish).
    For the purposes of EPA's draft recommendations, EPA considers new 
inputs to be new activities resulting in selenium being released into a 
lentic or lotic waterbody. Increased inputs are increases from a 
current activity in which selenium is being released into a lentic or 
lotic waterbody. New or increased inputs of selenium into the water and 
hence into the food web, likely will result in increased 
bioaccumulation of selenium in fish over a period of time until the 
selenium from the new or increased selenium release achieves a quasi-
``steady state'' balance within the food web. EPA estimates that 
concentrations of selenium in fish tissue will not represent a ``steady 
state'' for up to several months in lotic systems, and longer time 
periods (e.g., 2 to 3 years) in lentic systems, dependent upon the size 
and bathymetry of a given system; the location of the selenium input 
related to the shape and internal circulation of the waterbody, 
particularly in reservoirs with multiple riverine inputs; and the 
particular food web. EPA recommends that in implementing a selenium 
water quality criterion to protect aquatic life, fish tissue 
concentrations of selenium not override water column concentrations 
until sufficient time has passed to allow equilibrium to be attained in 
the food web of lotic and lentic systems.

[[Page 44354]]

Estimates of steady state under new or increased selenium input 
situations are expected to be site dependent. Local information should 
be used to better refine an estimate of time to steady state for a 
particular waterbody. EPA seeks data and information that EPA can 
include in its final recommendations on time intervals during which 
fish tissue concentrations should not override water column 
concentrations.

SUPPLEMENTARY INFORMATION: EPA will make the external peer review and 
public comments, as well as Agency responses to these comments on the 
previously published External Peer Review Draft Aquatic Life Ambient 
Water Quality Criterion for Selenium--Freshwater 2014 (EPA 822-P-14-
001) (External Peer Review Draft), available in the docket with the 
revised draft selenium criteria document at www.regulations.gov.

    Dated: July 17, 2015.
Kenneth J. Kopocis,
Deputy Assistant Administrator, Office of Water.
[FR Doc. 2015-18348 Filed 7-24-15; 8:45 am]
BILLING CODE 6560-50-P
44350 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices

Western-UGP supports the from the generation resource is greater scientific views from the public and
installation of renewable sources of than the scheduled amount. As an stakeholders, and convened a
energy but recognizes that certain exception, an intermittent resource will contractor-led expert external peer
operational constraints exist in be exempt from this deviation band and review. EPA considered the results from
managing the significant fluctuations will pay the deviation band charges for the expert peer review and scientific
that are a normal part of their operation. all deviations greater than the larger of views and comments from the public
Western-UGP has marketed the 1.5 percent or 2 MW. and stakeholders to develop the current
maximum practical amount of power Deviations from scheduled draft document, which is now available
from each of its projects, leaving little or transactions responding to directives by for comment. Following closure of this
no flexibility for provision of additional the Transmission Provider, a Balancing public comment period, EPA will
power services. Consequently, Western- Authority, or a reliability coordinator consider scientific views from the
UGP will not regulate for the difference shall not be subject to the deviation public on this draft document as well as
between the output of an intermittent bands identified above and, instead, any new data or information received.
resource located within the WAUW and shall be settled financially, at the end of EPA will then publish Federal Register
a delivery schedule from that generator the month, at 100 percent of notice(s) announcing the availability of
serving load located outside of the incremental cost. Such directives may the final selenium criterion.
WAUW. Intermittent resources serving include instructions to correct DATES: Comments must be received on
load outside Western-UGP’s WAUW frequency decay, respond to a reserve or before September 25, 2015.
will be required to be pseudo-tied or sharing event, or change output to ADDRESSES: Submit your comments,
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Balancing Authority Area. Western-UGP’s incremental cost will
An intermittent resource, for the OW–2004–0019, by one of the following
be based upon a representative hourly methods:
limited purpose of this Rate Schedule, energy index or combination of indexes.
is an electric generator that is not • www.regulations.gov: Follow the
The index to be used will be posted on on-line instructions for submitting
dispatchable and cannot store its fuel the applicable SPP Web site and/or
source and, therefore, cannot respond to comments.
SPP’s Open Access Same-Time • Email: ow-docket@epa.gov.
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days before use for determining the 2004–0019.
Formula Rate Western-UGP incremental cost and will • Fax: 202–566–1140.
not be changed more often than once • Mail: EPA Water Docket,
For deviations within ± 1.5 percent
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the end of the month, at 100 percent of formula will be posted on the applicable EPA Docket Center, William Jefferson
the average incremental cost. SPP Web site and/or SPP OASIS. Clinton West Building, Room 3334,
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up to 10 MW) of the scheduled EPA–HQ–OW–2004–0019. Such
transaction to be applied hourly to any deliveries are only accepted during the
generator imbalance that occurs as a ENVIRONMENTAL PROTECTION Docket’s normal hours of operation, and
result of the SPP Transmission AGENCY special arrangements should be made
Customer’s scheduled transaction(s) for deliveries of boxed information.
will be settled financially, at the end of [EPA–HQ–OW–2004–0019; FRL–9931–21– Instructions: Direct your comments to
OW] Docket ID No. [EPA–HQ–2004–0019].
each month. When energy delivered in
a schedule hour from the generation EPA’s policy is that all comments
Request for Scientific Views: Draft
resource is less than the energy received will be included in the public
Recommended Aquatic Life Ambient
scheduled, the charge is 110 percent of docket without change and may be
Water Quality Chronic Criterion for
incremental cost. When energy made available online at
Selenium—Freshwater 2015
delivered from the generation resource www.regulations.gov, including any
is greater than the scheduled amount, AGENCY: Environmental Protection personal information provided, unless
the credit is 90 percent of the Agency (EPA). the comment includes information
incremental cost. ACTION: Notice of availability. claimed to be Confidential Business
Deviations greater than ± 7.5 percent Information (CBI) or other information
(or 10 MW) of the scheduled transaction SUMMARY: The Environmental Protection whose disclosure is restricted by statute.
to be applied hourly to any generator Agency (EPA) is opening the comment Do not submit information that you
imbalance that occurs as a result of the period for the Agency’s draft consider to be CBI or otherwise
SPP Transmission Customer’s recommended aquatic life water quality protected through www.regulations.gov
tkelley on DSK3SPTVN1PROD with NOTICES

scheduled transaction(s) will be settled chronic criterion for selenium in or ow-docket@epa.gov. The
at 125 percent of Western-UGP’s highest freshwater. EPA released a previous www.regulations.gov Web site is an
incremental cost for the day when draft entitled ‘‘External Peer Review ‘‘anonymous access’’ system, which
energy delivered in a schedule hour is Draft Aquatic Life Ambient Water means EPA will not know your identity
less than the energy scheduled or 75 Quality Criterion for Selenium— or contact information unless you
percent of Western-UGP’s lowest daily Freshwater, 2014’’ for public comment provide it in the body of your comment.
incremental cost when energy delivered on May 14, 2014. EPA received If you send an email comment directly

VerDate Sep<11>2014 18:58 Jul 24, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1
Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices 44351

to EPA without going through human health that accurately reflect the III. Information on the Draft Aquatic
www.regulations.gov, your email latest scientific knowledge. Water Life Ambient Water Quality Criterion
address will be automatically captured quality criteria developed under section for Selenium—Freshwater 2015
and included as part of the comment 304(a) are based solely on data and
that is placed in the public docket and EPA prepared a draft aquatic life
scientific judgments on the relationship criterion document for selenium based
made available on the Internet. If you between pollutant concentrations and
submit an electronic comment, EPA on the latest scientific information and
environmental and human health current EPA policies and methods,
recommends that you include your effects. Section 304(a) criteria do not
name and other contact information in including EPA’s Guidelines for Deriving
reflect consideration of economic Numerical National Water Quality
the body of your comment and with any impacts or the technological feasibility
disk or CD–ROM you submit. If EPA Criteria for the Protection of Aquatic
of meeting pollutant concentrations in Organisms and Their Uses (1985) (EPA/
cannot read your comment due to ambient water.
technical difficulties and cannot contact R–85–100) and Guidelines for Ecological
you for clarification, EPA may not be EPA’s recommended section 304(a) Risk Assessment (1998) (EPA/630/R–95/
able to consider your comment. criteria provide technical information to 002F). Toxicity data and other
Electronic files should avoid the use of states and authorized tribes in adopting information on the effects of selenium
special characters, any form of water quality standards (WQS) that were obtained from reliable sources and
encryption, and be free of any defects or ultimately provide a basis for assessing subjected to both internal and, in some
viruses. water body health and controlling cases, external peer review. EPA
discharges or releases of pollutants. considered public comments previously
FOR FURTHER INFORMATION CONTACT:
collected in response to EPA’s 2004
Kathryn Gallagher, Ph.D., Office of Under the CWA and its implementing
notice of availability (published on
Water, Health and Ecological Criteria regulations, states and authorized tribes
December 17, 2004 at 69 FR 75541) and
Division (4304T), Environmental are to adopt water quality criteria to new toxicity data for selenium
Protection Agency, 1200 Pennsylvania protect designated uses (e.g., public developed in response to those
Avenue NW., Washington, DC 20460; water supply, aquatic life, recreational comments (EPA–822–F–08–005) in the
telephone: (202) 564–1398; fax: 202– use, or industrial use). EPA’s development of the external peer review
566–1140, or email: gallagher.kathryn@ recommended water quality criteria do draft criterion document. EPA also
epa.gov. not substitute for the CWA or considered information submitted in
SUPPLEMENTARY INFORMATION: regulations, nor are they regulations 2014 during the external peer review
Docket: All documents in the docket themselves. EPA’s recommended and public comment on the ‘‘External
are listed in the www.regulations.gov criteria do not impose legally binding Peer Review Draft,’’ including
index. Although listed in the index, requirements. States and authorized additional toxicity data, in developing
some information is not publicly tribes have the discretion to adopt, the current draft criterion.
available, e.g., CBI or other information where appropriate, other scientifically The draft criterion has four elements
whose disclosure is restricted by statute. defensible water quality criteria that (Table 1), consisting of two fish tissue-
Certain other material, such as differ from these recommendations. based and two water column-based
copyrighted material, will be publicly
elements. The draft criterion document
available only in hard copy. Publicly II. What is Selenium and why is EPA
contains a recommendation that states
available docket materials are available concerned about it? and authorized tribes adopt into their
either electronically in
Selenium is a naturally occurring WQS a selenium criterion that includes
www.regulations.gov or in hard copy at
chemical element that is nutritionally all four elements. Because fish tissue-
the EPA–HQ–OW–2004–0019 Docket,
essential in small amounts, but toxic at based concentration is a more direct
EPA/DC, EPA West, Room 3334, 1301
higher concentrations. Selenium can be measure of selenium toxicity to aquatic
Constitution Ave. NW., Washington,
life than water column concentrations,
DC. The Public Reading Room is open released to the environment by a
EPA recommends that fish tissue
from 8:30 a.m. to 4:30 p.m., Monday number of anthropogenic sources, such
elements be given precedence over the
through Friday, excluding legal as coal mining, coal-fired power plants
water column elements when both types
holidays. The telephone number for the (fly ash), irrigated agriculture, and of data are available, except in certain
Public Reading Room is (202) 566–1744, phosphate mining. Selenium is a situations.
and the telephone number for the EPA– bioaccumulative pollutant. Fish and
HQ–OW–2004–0019 is (202) 566–2426. The available data indicate that
other aquatic organisms are exposed to freshwater aquatic life would be
For additional information about EPA’s and accumulate selenium primarily
public docket, visit the EPA Docket protected from the toxic effects of
through their diet, and not directly selenium by applying the following
Center homepage at http:// through water. Selenium toxicity in fish
www.epa.gov/epahome/dockets.htm. four-element criterion:
occurs primarily through maternal 1. The concentration of selenium in
GENERAL INFORMATION: transfer to the eggs and subsequent the eggs or ovaries of fish does not
I. What are recommended water quality reproductive effects. Consequently, EPA exceed 15.8 mg/kg, dry weight;
criteria? is updating its national recommended 2. The concentration of selenium (a)
chronic aquatic life criterion for in whole-body of fish does not exceed
EPA’s recommended water quality
criteria are scientifically derived selenium in freshwater to reflect the 8.0 mg/kg dry weight, or (b) in muscle
latest scientific information, which
tkelley on DSK3SPTVN1PROD with NOTICES

numeric values that protect aquatic life tissue of fish (skinless, boneless fillet)
or human health from the deleterious indicates that selenium toxicity to does not exceed 11.3 mg/kg dry weight;
effects of pollutants in ambient water. aquatic life is primarily driven by 3. The 30-day average concentration
Section 304(a)(1) of the Clean Water Act organisms consuming selenium- of selenium in water does not exceed
(CWA) requires EPA to develop and contaminated food rather than by being 3.1 mg/L in lotic (flowing) waters and 1.2
publish and, from time to time, revise, directly exposed to selenium dissolved mg/L in lentic (standing) waters more
criteria for protection of aquatic life and in water. than once in three years on average;

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Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices 44353

designated uses, water quality criteria to for which additional data and consider this information in finalizing
protect those uses, a policy for information are solicited. the selenium criterion document.
antidegradation, and may include
1. Request for Additional Data and 2. Request for Additional Data and
general policies for application and Information on the Dynamics of
Information Related to the Sensitivity of
implementation. Section 303(c)(1) Selenium Equilibrium in Lentic and
Cyprinids (Minnow Species) to
requires states and authorized tribes to Lotic Waters Related to New or
Selenium
review and modify, if appropriate, their Increased Selenium Inputs
WQS at least once every three years. During the 2014 public comment
States and authorized tribes must process, EPA received comments that EPA’s draft selenium water quality
adopt water quality criteria that protect included data on zebrafish (Danio rerio) criterion recommends that elements
designated uses. Protective criteria are toxicity testing with selenium. (Public based on fish tissue (egg-ovary, whole
based on a sound scientific rationale comment EPA–HQ–OW–2004–0019– body, and/or muscle) data should
and contain sufficient parameters or 0354; http://www.regulations.gov/). The override the criterion elements based on
constituents to protect the designated commenters suggested that the data be selenium water column data. The
uses. Criteria may be expressed in either used by the EPA in its revision of the criterion is structured this way because
narrative or numeric form. States and egg-ovary criterion element, since the fish tissue concentrations generally
authorized tribes have four options zebrafish study was a maternal transfer provide the most robust and direct
when adopting water quality criteria for study similar to those used in the information on potential selenium
which EPA has published section 304(a) external peer review draft. In response effects in fish. However, because
criteria. They can: to the comments, EPA solicited the selenium concentrations in fish tissue
study and all underlying data from the are a result of selenium
(1) Establish numerical values based
authors of the study referenced by the bioaccumulation via dietary exposure,
on recommended section 304(a) criteria;
commenters (Thomas and Janz, 2014). there are specific circumstances where
(2) Adopt section 304(a) criteria
EPA undertook a comprehensive data the fish tissue concentrations are not
modified to reflect site-specific
review of the study and data. expected to fully represent potential
conditions; effects on fish and the aquatic
(3) Adopt criteria derived using other During its review, EPA identified
ecosystem: Waters with new or
scientifically defensible methods; or concerns regarding the concentration
increased selenium inputs, prior to
(4) Establish narrative criteria where response curve of the zebrafish toxicity equilibrium within the food web; and
numeric criteria cannot be established test compared to the other fish species ‘‘fishless waters’’ (waters where fish
or to supplement numerical criteria (40 toxicity tests that EPA used in have been extirpated or where physical
CFR 131.11(b)). derivation of the 2014 draft criterion. habitat and/or flow regime cannot
It is important for states and The zebrafish data showed an sustain fish).
authorized tribes to consider any new or anomalously shallow concentration For the purposes of EPA’s draft
updated section 304(a) criteria as part of response curve compared to data from recommendations, EPA considers new
their triennial review to ensure that all other tested fish species. Further, inputs to be new activities resulting in
state or tribal WQS reflect current high control mortality (47%) at the end selenium being released into a lentic or
science and protect applicable of the study raised concerns about the lotic waterbody. Increased inputs are
designated uses. The recommendations study design as well as the health of the increases from a current activity in
in the draft selenium criterion fish at the time of testing. In addition, which selenium is being released into a
document may change based on since the zebrafish is a non-native lentic or lotic waterbody. New or
scientific views shared in response to cyprinid species, EPA assessed the increased inputs of selenium into the
this notice. Upon finalization, the information available on zebrafish water and hence into the food web,
updated selenium criterion would sensitivity to selenium compared to the likely will result in increased
supersede EPA’s previous 304(a) sensitivity of native cyprinid (minnow) bioaccumulation of selenium in fish
freshwater criteria for selenium. species across the United States over a period of time until the selenium
Consistent with 40 CFR 131.21, new (Appendix D in the criteria document), from the new or increased selenium
or revised water quality criteria adopted including several studies where native release achieves a quasi-‘‘steady state’’
into law or regulation by states and cyprinids were investigated in balance within the food web. EPA
authorized tribes on or after May 30, selenium-impacted waters. Data from estimates that concentrations of
2000 are in effect for CWA purposes these studies suggest that native selenium in fish tissue will not
only after EPA approval. cyprinids are likely less sensitive to represent a ‘‘steady state’’ for up to
To support EPA’s upcoming CWA selenium than the currently available several months in lotic systems, and
section 304(a) ambient water quality non-native zebrafish data suggest. The longer time periods (e.g., 2 to 3 years)
criteria recommendations for selenium, results of the study, particularly a in lentic systems, dependent upon the
EPA is developing informational comparison of the concentration size and bathymetry of a given system;
materials to aid state and tribal response relationships of zebrafish vs. the location of the selenium input
adoption. These informational materials all of the other fish species for which we related to the shape and internal
will be released when the final selenium have similar data, raises a concern. circulation of the waterbody,
criterion is published. Given these concerns, EPA has not particularly in reservoirs with multiple
used the zebrafish data quantitatively in riverine inputs; and the particular food
V. Solicitation of Scientific Views the derivation of the revised criterion. web. EPA recommends that in
tkelley on DSK3SPTVN1PROD with NOTICES

EPA is soliciting additional scientific EPA seeks additional information on implementing a selenium water quality
views, data, and information regarding cyprinid taxa sensitivity to selenium, criterion to protect aquatic life, fish
the science and technical approach used and particularly additional data on tissue concentrations of selenium not
by the Agency in the derivation of this zebrafish. These studies should be override water column concentrations
draft freshwater chronic criterion for submitted to the docket in similar until sufficient time has passed to allow
selenium. The Agency has identified fashion as scientific views on the equilibrium to be attained in the food
two particular issues (detailed below), criterion document. EPA will then web of lotic and lentic systems.

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44354 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices

Estimates of steady state under new or conduct or sponsor and a person is not inoperative. Reports, at a minimum, are
increased selenium input situations are required to respond to a collection of required semiannually.
expected to be site dependent. Local information unless it displays a Form Numbers: None.
information should be used to better currently valid OMB control number. Respondents/affected entities:
refine an estimate of time to steady state Polyvinyl chloride and copolymer
DATES: Additional comments may be
for a particular waterbody. EPA seeks production facilities that are major
submitted on or before August 26, 2015.
data and information that EPA can sources of HAP.
ADDRESSES: Submit your comments, Respondent’s obligation to respond:
include in its final recommendations on
referencing Docket ID Number EPA– Mandatory (40 CFR part 63, Subpart
time intervals during which fish tissue
HQ–OECA–2014–0101, to: (1) EPA HHHHHHH).
concentrations should not override
online using www.regulations.gov (our Estimated number of respondents: 17
water column concentrations.
preferred method), or by email to (total).
SUPPLEMENTARY INFORMATION: EPA will docket.oeca@epa.gov, or by mail to: EPA Frequency of response: Initially,
make the external peer review and Docket Center, Environmental occasionally, and semiannually.
public comments, as well as Agency Protection Agency, Mail Code 28221T, Total estimated burden: 378,000
responses to these comments on the 1200 Pennsylvania Ave. NW., hours (per year). Burden is defined at 5
previously published External Peer Washington, DC 20460, and (2) OMB via CFR 1320.3(b).
Review Draft Aquatic Life Ambient email to oira_submission@omb.eop.gov. Total estimated cost: $43,150,000 (per
Water Quality Criterion for Selenium— Address comments to OMB Desk Officer year), includes $5,150,000 in annualized
Freshwater 2014 (EPA 822–P–14–001) for EPA. capital/startup and/or operation &
(External Peer Review Draft), available EPA’s policy is that all comments maintenance costs.
in the docket with the revised draft received will be included in the public Changes in the Estimates: There is an
selenium criteria document at docket without change including any adjustment increase in the estimated
www.regulations.gov. personal information provided, unless burden as currently identified in the
Dated: July 17, 2015. the comment includes profanity, threats, OMB Inventory of Approved Burdens.
Kenneth J. Kopocis, information claimed to be Confidential In consulting with the Vinyl Institute
Deputy Assistant Administrator, Office of Business Information (CBI) or other during the renewal of this ICR, EPA
Water. information whose disclosure is received comprehensive comments on
[FR Doc. 2015–18348 Filed 7–24–15; 8:45 am] restricted by statute. the burden associated with specific
reporting and recordkeeping
BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT:
requirements, including, but not limited
Patrick Yellin, Monitoring, Assistance, to, performance test, monitor
and Media Programs Division, Office of installation, resin and wastewater
ENVIRONMENTAL PROTECTION Compliance, Mail Code 2227A,
AGENCY sampling, equipment leak and process
Environmental Protection Agency, 1200 vent monitoring. We have updated the
[EPA–HQ–OECA–2014–0101; FRL–9930– Pennsylvania Ave. NW., Washington, burden items to more accurately reflect
21–OEI] DC 20460; telephone number: (202) the costs incurred by the industry. The
564–2970; fax number: (202) 564–0050; update results in a substantial increase
Information Collection Request email address: yellin.patrick@epa.gov. in the respondent labor hours, labor
Submitted to OMB for Review and SUPPLEMENTARY INFORMATION: costs, and capital/O&M costs. There is
Approval; Comment Request; NESHAP Supporting documents which explain in also an increase in the number of
for Polyvinyl Chloride and Copolymers detail the information that the EPA will responses as we have updated the
Production (Renewal) be collecting are available in the public number of subject major sources from 15
AGENCY: Environmental Protection docket for this ICR. The docket can be to 17 based on data provided by the
Agency (EPA). viewed online at www.regulations.gov Vinyl Institute.
ACTION: Notice. or in person at the EPA Docket Center,
WJC West, Room 3334, 1301 Courtney Kerwin,
SUMMARY: The Environmental Protection Constitution Ave. NW., Washington, Acting Director, Collection Strategies
Division.
Agency has submitted an information DC. The telephone number for the
Docket Center is: 202–566–1744. For [FR Doc. 2015–18243 Filed 7–24–15; 8:45 am]
collection request (ICR), ‘‘NESHAP for
Polyvinyl Chloride and Copolymers additional information about EPA’s BILLING CODE 6560–50–P

Production (40 CFR part 63, subpart public docket, visit: http://
HHHHHHH) (Renewal)’’ (EPA ICR No. www.epa.gov/dockets.
2432.03, OMB Control No. 2060–0666), Abstract: The affected entities are FEDERAL RESERVE SYSTEM
to the Office of Management and Budget subject to the General Provisions of the
(OMB) for review and approval in NESHAP (40 CFR part 63, subpart A), Change in Bank Control Notices;
accordance with the Paperwork and any changes, or additions to the Acquisitions of Shares of a Bank or
Reduction Act (44 U.S.C. 3501 et seq.). General Provisions, which are specified Bank Holding Company
This is a proposed extension of the ICR, at 40 CFR part 63, subpart HHHHHHH. The notificants listed below have
which is currently approved through Owners or operators of the affected applied under the Change in Bank
July 31, 2015. Public comments were facilities must submit an initial Control Act (12 U.S.C. 1817(j)) and
previously requested via the Federal notification report, performance tests, § 225.41 of the Board’s Regulation Y (12
tkelley on DSK3SPTVN1PROD with NOTICES

Register (79 FR 30117) on May 27, 2014, and periodic reports and results. CFR 225.41) to acquire shares of a bank
during a 60-day comment period. This Owners or operators are also required to or bank holding company. The factors
notice allows for an additional 30 days maintain records of the occurrence and that are considered in acting on the
for public comments. A fuller duration of any startup, shutdown, or notices are set forth in paragraph 7 of
description of the ICR is given below, malfunction in the operation of an the Act (12 U.S.C. 1817(j)(7)).
including its estimated burden and cost affected facility, or any period during The notices are available for
to the public. An Agency may not which the monitoring system is immediate inspection at the Federal

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Document Created: 2018-02-23 09:27:15
Document Modified: 2018-02-23 09:27:15
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability.
Dates		Comments must be received on or before September 25, 2015.
Contact		Kathryn Gallagher, Ph.D., Office of Water, Health and Ecological Criteria Division (4304T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone: (202) 564-1398; fax: 202-566-1140, or email: [email protected]
FR Citation		80 FR 44350