81 FR 45285 - Recommended Aquatic Life Ambient Water Quality Criterion for Selenium in Freshwater
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 134 (July 13, 2016)
Federal Register Volume 81, Issue 134 (July 13, 2016)
| Page Range | 45285-45287 | |
| FR Document | 2016-16585 |
[Federal Register Volume 81, Number 134 (Wednesday, July 13, 2016)] [Notices] [Pages 45285-45287] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16585] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2004-0019; FRL 9949-02-OW] Recommended Aquatic Life Ambient Water Quality Criterion for Selenium in Freshwater AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is announcing the release of a final updated Clean Water Act (CWA) section 304(a) recommended national chronic aquatic life criterion for the pollutant selenium in fresh water. The final criterion supersedes EPA's 1999 CWA section 304(a) recommended national acute and chronic aquatic life criteria for selenium. The 2016 recommended criterion reflects the latest scientific information, which indicates that selenium toxicity to aquatic life is primarily based on organisms consuming selenium- contaminated food rather than direct exposure to selenium dissolved in water. Draft versions of the criterion underwent public review in 2014 and 2015 and external peer review in 2015. EPA considered all public comments and peer reviewer comments in the development of the 2016 final selenium criterion document. EPA's water quality criterion for selenium provides recommendations to states and tribes authorized to establish water quality standards under the CWA. FOR FURTHER INFORMATION CONTACT: Joe Beaman, Health and Ecological Criteria Division, Office of Water (Mail Code 4304T), Environmental Protection Agency, 1200 Pennsylvania Avenue [[Page 45286]] NW., Washington, DC 20460; telephone number: (202) 566-0420; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. General Information A. How can I get copies of this document and other related information? 1. Docket. EPA has established a docket for this action under Docket ID No. EPA-HQ-OW-2004-0019. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Water Docket in the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center 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 Water Docket is (202) 566-2426. 2. Electronic Access. You may access this Federal Register document electronically from the Government Printing Office under the ``Federal Register'' listings FDSys (http://www.thefederalregister.org/fdsys/browse/collection.action?collectionCode=FR). II. What are EPA's 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 CWA directs 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 on data and the latest scientific knowledge 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 section 304(a) recommended 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. III. What is selenium and why is EPA concerned about it? Selenium is a naturally occurring element that can be released into water resources by natural sources via weathering and by anthropogenic sources, such as surface mining, coal-fired power plants, and irrigated agriculture. Selenium is nutritionally essential for animals in small amounts, but toxic at higher concentrations. Selenium bioaccumulates in the aquatic food chain, and toxicity in fish occurs primarily through maternal transfer to the eggs. Chronic maternal exposure in fish and aquatic invertebrates can cause reproductive impairments (e.g., larval deformity or mortality); other aquatic effects include impacts on juvenile growth and mortality. IV. Information on the Aquatic Life Ambient Water Quality Criterion EPA has updated the aquatic life criterion document for selenium based on the latest scientific knowledge 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 subjected to both internal and external peer review. In 2004, EPA published the first draft of the updated recommended selenium criterion using fish-tissue concentrations. In 2009, EPA helped organize an international expert workshop on selenium and initiated collaboration with the U.S. Geological Survey to develop a selenium bioaccumulation model. EPA then revised the 2004 draft criterion to include fish tissue and water column concentrations. In 2014, EPA released the draft recommended criterion for public comment and external peer review. EPA revised the draft recommended criterion accordingly and in 2015 released the draft for a second round of public comment. EPA has considered all public comments and peer reviewer comments in the development of the 2016 final selenium criterion document. The 2016 selenium criterion document recommends that states and authorized tribes adopt a multi-media criterion into their water quality standards. The criterion has four elements, and EPA recommends that states include all four elements in their standards. Because adverse reproductive effects are most closely linked to selenium concentrations in fish tissue, the 2016 chronic criterion is based primarily on concentrations in fish egg-ovary tissues and is translated into whole body, muscle, and water column concentrations for lakes/ reservoirs and rivers/streams to create the four elements of the chronic criterion (two fish tissue and two water column). EPA recommends that when implementing the criterion, the fish tissue elements take precedence over the water column elements, except in certain circumstances. For example, water column values are the applicable criterion element in the absence of fish tissue measurements, such as waters where fish have been extirpated or where physical habitat and/or flow regime cannot sustain fish populations, or in waters with new discharges of selenium where steady state has not been achieved between water and fish tissue at the site. The previous 1999 acute and chronic recommended criteria were water column concentrations only. The table below compares the 2016 criterion with the 1999 criteria. Comparison of Final 2016 Selenium Criterion to 1999 Criteria -------------------------------------------------------------------------------------------------------------------------------------------------------- Chronic Short-term -------------------------------------------------------------------------------------------------------------------------------------------------------- Egg-Ovary \1\ Whole Body \1\ Muscle \1\ Water,\1\ Lentic Water,\1\ Lotic Criterion version (mg/kg dw) (mg/kg dw) (mg/kg dw) ([micro]g/L) ([micro]g/L) Water ([micro]g/L) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2016 Final Update................ 15.1 8.5 11.3 1.5 (30 d).......... 3.1 (30 d).......... Intermittent exposure equation. [[Page 45287]] 1999 Selenium Criteria........... N/A N/A N/A 5 (4 d)............. 5 (4 d)............. Acute Equation based on water column concentration. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ A note on hierarchy of table: when fish egg/ovary concentrations are measured, the values supersede any whole-body, muscle, or water column elements except in certain situations. Whole body or muscle measurements supersede any water column element when both fish tissue and water concentrations are measured, except in certain situations (see examples in text above). Water column values are derived from fish tissue concentrations. The criterion document does not include an acute criterion (based on water-only exposure) because selenium is bioaccumulative and toxicity primarily occurs through dietary exposure. EPA derived an intermittent exposure criterion element from the 30-day average water column criterion element for situations where elevated inputs of selenium could result in bioaccumulation in the ecosystem and potential chronic effects in fish (e.g., new discharges). V. What is the relationship between the 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 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. Consistent with EPA's regulations at 40 CFR 131.11(a), protective criteria must be 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 may: (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)). EPA's regulation at 40 CFR 131.20(a) provides that if a state does not adopt new or revised criteria parameters for which EPA has published new or updated recommendations, then the state shall provide an explanation when it submits the results of its triennial review to the Regional Administrator consistent with CWA section 303(c)(1). The updated section 304(a) selenium criteria supersede EPA's previous 304(a) recommended 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 applicable water quality standards for CWA purposes only after EPA approval. VI. Additional Information EPA is developing a set of technical support documents to assist states. These materials will include fish tissue monitoring guidance as well as FAQs and fact sheets addressing flexibilities for states and authorized tribes in implementing the criteria, assessing and listing water body impairments, and wastewater permitting. Dated: June 30, 2016. Joel Beauvais, Deputy Assistant Administrator, Office of Water. [FR Doc. 2016-16585 Filed 7-12-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices 45285
without the following options: Zero/ Model T640 PM mass monitor with reported to: Director, Exposure Methods
span ports for external calibration; an 640X option,’’ continuous ambient and Measurement Division (MD–E205–
optional inlet filter; or an optional particulate monitor operated at a 01), National Exposure Research
second gas measurement module co- volumetric flow rate of 16.67 Lpm, Laboratory, U.S. Environmental
located inside of the enclosure. equipped with the louvered PM10 inlet Protection Agency, Research Triangle
This application for a reference specified in 40 CFR 50 Appendix L, Park, North Carolina 27711.
method determination for this SO2 Figs. L–2 thru L–19, TAPI aerosol Designation of these reference and
method was received by the Office of sample conditioner (P/N: 081040000), equivalent methods is intended to assist
Research and Development on April 25, configured for operation with firmware the States in establishing and operating
2016. This analyzer is commercially version 1.0.2.126 or later, in accordance their air quality surveillance systems
available from the applicant, Sutron Air with the Teledyne Model T640 under 40 CFR part 58. Questions
Quality Division, 2548 Shell Road, Operations Manual. This designation concerning the commercial availability
Georgetown, TX 78628. applies to PM10–2.5 measurements only. or technical aspects of the method
The four new PM equivalent methods The four applications for equivalent should be directed to the applicant.
are automated monitoring methods method determination for the PM
Dated: July 1, 2016.
utilizing a measurement principle based candidate methods were received by the
on active sampling of ambient aerosols Office of Research and Development on Jennifer Orme-Zavaleta,
and contemporaneous analysis by May 2, 2016, June 1, 2016, June 9, 2016 Director, National Exposure Research
means of a light-scattering technique for and June 14, 2016 respectively. The Laboratory.
determination of particle size and mass monitors are commercially available [FR Doc. 2016–16578 Filed 7–12–16; 8:45 am]
concentration. These newly designated from the applicant, Teledyne Advanced BILLING CODE 6560–50–P
equivalent methods for PM2.5, PM10 and Pollution Instrumentation, Inc., 9480
PM10–2.5, are identified as follows: Carroll Park Drive, San Diego, CA
EQPM–0516–236, ‘‘Teledyne 92121–2251. ENVIRONMENTAL PROTECTION
Advanced Pollution Instrumentation Representative test analyzers have AGENCY
Model T640 PM mass monitor,’’ been tested in accordance with the [EPA–HQ–OW–2004–0019; FRL 9949–02–
continuous ambient particulate monitor applicable test procedures specified in OW]
operated at a volumetric flow rate of 5.0 40 CFR part 53, as amended on October
Lpm, equipped with a TAPI 5-Lpm 26, 2015. After reviewing the results of Recommended Aquatic Life Ambient
sample inlet (P/N: 081050000), TAPI those tests and other information Water Quality Criterion for Selenium in
aerosol sample conditioner (P/N: submitted by the applicant, EPA has Freshwater
081040000), configured for operation determined, in accordance with part 53,
with firmware version 1.0.2.126 or later, that these methods should be designated AGENCY: Environmental Protection
and operated in accordance with the as a reference or equivalent method. Agency (EPA).
Teledyne Model T640 Operations As a designated reference or ACTION: Notice of availability.
Manual. This designation applies to equivalent method, these methods are
PM2.5 measurements only. acceptable for use by states and other air SUMMARY: The Environmental Protection
EQPM–0516–238, ‘‘Teledyne monitoring agencies under the Agency (EPA) is announcing the release
Advanced Pollution Instrumentation requirements of 40 CFR part 58, of a final updated Clean Water Act
Model T640 PM mass monitor with Ambient Air Quality Surveillance. For (CWA) section 304(a) recommended
640X option,’’ continuous ambient such purposes, each method must be national chronic aquatic life criterion
particulate monitor operated at a used in strict accordance with the for the pollutant selenium in fresh
volumetric flow rate of 16.67 Lpm, operation or instruction manual water. The final criterion supersedes
equipped with the louvered PM10 inlet associated with the method and subject EPA’s 1999 CWA section 304(a)
specified in 40 CFR 50 Appendix L, to any specifications and limitations recommended national acute and
Figs. L–2 thru L–19, TAPI aerosol (e.g., configuration or operational chronic aquatic life criteria for
sample conditioner (P/N: 081040000), settings) specified in the designated selenium. The 2016 recommended
configured for operation with firmware method description (see the criterion reflects the latest scientific
version 1.0.2.126 or later, in accordance identification of the method above). information, which indicates that
with the Teledyne Model T640 Use of the method also should be in selenium toxicity to aquatic life is
Operations Manual. This designation general accordance with the guidance primarily based on organisms
applies to PM2.5 measurements only. and recommendations of applicable consuming selenium-contaminated food
EQPM–0516–239, ‘‘Teledyne sections of the ‘‘Quality Assurance rather than direct exposure to selenium
Advanced Pollution Instrumentation Handbook for Air Pollution dissolved in water. Draft versions of the
Model T640 PM mass monitor with Measurement Systems, Volume I,’’ EPA/ criterion underwent public review in
640X option,’’ continuous ambient 600/R–94/038a and ‘‘Quality Assurance 2014 and 2015 and external peer review
particulate monitor operated at a Handbook for Air Pollution in 2015. EPA considered all public
volumetric flow rate of 16.67 Lpm, Measurement Systems, Volume II, comments and peer reviewer comments
equipped with the louvered PM10 inlet Ambient Air Quality Monitoring in the development of the 2016 final
specified in 40 CFR 50 Appendix L, Program,’’ EPA–454/B–13–003, (both selenium criterion document. EPA’s
Figs. L–2 thru L–19, TAPI aerosol available at http://www.epa.gov/ttn/ water quality criterion for selenium
provides recommendations to states and
jstallworth on DSK7TPTVN1PROD with NOTICES
sample conditioner (P/N: 081040000), amtic/qalist.html). Provisions
configured for operation with firmware concerning modification of such tribes authorized to establish water
version 1.0.2.126 or later, in accordance methods by users are specified under quality standards under the CWA.
with the Teledyne Model T640 Section 2.8 (Modifications of Methods FOR FURTHER INFORMATION CONTACT: Joe
Operations Manual. This designation by Users) of Appendix C to 40 CFR part Beaman, Health and Ecological Criteria
applies to PM10 measurements only. 58. Division, Office of Water (Mail Code
EQPM–0516–240, ‘‘Teledyne Consistent or repeated noncompliance 4304T), Environmental Protection
Advanced Pollution Instrumentation with any of these conditions should be Agency, 1200 Pennsylvania Avenue
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![Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices 45287
COMPARISON OF FINAL 2016 SELENIUM CRITERION TO 1999 CRITERIA—Continued
Chronic Short-term
Egg-Ovary 1 Whole Body 1 Muscle 1 Water,1 Lentic Water,1 Lotic Water
Criterion version (mg/kg dw) (mg/kg dw) (mg/kg dw) (μg/L) (μg/L) (μg/L)
1999 Selenium Criteria N/A N/A N/A 5 (4 d) ............. 5 (4 d) ............. Acute Equation based on
water column concentration.
1 A note on hierarchy of table: when fish egg/ovary concentrations are measured, the values supersede any whole-body, muscle, or water col-
umn elements except in certain situations. Whole body or muscle measurements supersede any water column element when both fish tissue and
water concentrations are measured, except in certain situations (see examples in text above). Water column values are derived from fish tissue
concentrations.
The criterion document does not EPA’s regulation at 40 CFR 131.20(a) DATES: Tuesday, September 20th, 2016
include an acute criterion (based on provides that if a state does not adopt in the Commission Meeting Room, from
water-only exposure) because selenium new or revised criteria parameters for 12:30 p.m. to 4 p.m.
is bioaccumulative and toxicity which EPA has published new or ADDRESSES: Federal Communications
primarily occurs through dietary updated recommendations, then the Commission, 445 12th Street SW.,
exposure. EPA derived an intermittent state shall provide an explanation when Washington, DC 20554.
exposure criterion element from the 30- it submits the results of its triennial FOR FURTHER INFORMATION CONTACT:
day average water column criterion review to the Regional Administrator Walter Johnston, Chief, Electromagnetic
element for situations where elevated consistent with CWA section 303(c)(1). Compatibility Division, 202–418–0807;
inputs of selenium could result in The updated section 304(a) selenium Walter.Johnston@FCC.gov.
bioaccumulation in the ecosystem and criteria supersede EPA’s previous 304(a) SUPPLEMENTARY INFORMATION: At the
potential chronic effects in fish (e.g., recommended criteria for selenium. September 20th meeting, the FCC
new discharges). Consistent with 40 CFR 131.21, new or Technological Advisory Council will
revised water quality criteria adopted discuss progress on and issues involving
V. What is the relationship between the
into law or regulation by states and its work program agreed to at its initial
water quality criterion and your state
authorized tribes on or after May 30, meeting on March 9th, 2016. The FCC
or tribal water quality standards?
2000 are applicable water quality will attempt to accommodate as many
As part of the WQS triennial review standards for CWA purposes only after people as possible. However,
process defined in section 303(c)(1) of EPA approval. admittance will be limited to seating
the CWA, the states and authorized availability. Meetings are also broadcast
tribes are responsible for maintaining VI. Additional Information
live with open captioning over the
and revising WQS. Standards consist of EPA is developing a set of technical Internet from the FCC Live Web page at
designated uses, water quality criteria to support documents to assist states. http://www.fcc.gov/live/. The public
protect those uses, a policy for These materials will include fish tissue may submit written comments before
antidegradation, and may include monitoring guidance as well as FAQs the meeting to: Walter Johnston, the
general policies for application and and fact sheets addressing flexibilities FCC’s Designated Federal Officer for
implementation. Section 303(c)(1) for states and authorized tribes in Technological Advisory Council by
requires states and authorized tribes to implementing the criteria, assessing and email: Walter.Johnston@fcc.gov or U.S.
review and modify, if appropriate, their listing water body impairments, and Postal Service Mail (Walter Johnston,
WQS at least once every three years. wastewater permitting. Federal Communications Commission,
States and authorized tribes must Dated: June 30, 2016. Room 2–A665, 445 12th Street SW.,
adopt water quality criteria that protect Washington, DC 20554). Open
Joel Beauvais,
designated uses. Consistent with EPA’s captioning will be provided for this
regulations at 40 CFR 131.11(a), Deputy Assistant Administrator, Office of
Water. event. Other reasonable
protective criteria must be based on a accommodations for people with
[FR Doc. 2016–16585 Filed 7–12–16; 8:45 am]
sound scientific rationale and contain disabilities are available upon request.
sufficient parameters or constituents to BILLING CODE 6560–50–P
Requests for such accommodations
protect the designated uses. Criteria may should be submitted via email to
be expressed in either narrative or fcc504@fcc.gov or by calling the Office
numeric form. States and authorized of Engineering and Technology at 202–
FEDERAL COMMUNICATIONS
tribes have four options when adopting 418–2470 (voice), (202) 418–1944 (fax).
COMMISSION
water quality criteria for which EPA has Such requests should include a detailed
published section 304(a) criteria. They Federal Advisory Committee Act; description of the accommodation
may: Technological Advisory Council needed. In addition, please include your
(1) Establish numerical values based contact information. Please allow at
on recommended section 304(a) criteria; AGENCY: Federal Communications least five days advance notice; last
(2) Adopt section 304(a) criteria Commission. minute requests will be accepted, but
jstallworth on DSK7TPTVN1PROD with NOTICES
modified to reflect site-specific ACTION: Notice of public meeting. may not be possible to fill.
conditions;
(3) Adopt criteria derived using other SUMMARY: In accordance with the Federal Communications Commission.
scientifically defensible methods; or Federal Advisory Committee Act, this Ronald T. Repasi,
(4) Establish narrative criteria where notice advises interested persons that Deputy Chief, Office of Engineering and
numeric criteria cannot be established the Federal Communications Technology.
or to supplement numerical criteria (40 Commission’s (FCC) Technological [FR Doc. 2016–16515 Filed 7–12–16; 8:45 am]
CFR 131.11(b)). Advisory Council will hold a meeting. BILLING CODE 6712–01–P
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Document Created: 2016-07-13 01:43:55
Document Modified: 2016-07-13 01:43:55
| 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. | |
| Contact | Joe Beaman, Health and Ecological Criteria Division, Office of Water (Mail Code 4304T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) 566-0420; email | |
| FR Citation | 81 FR 45285 |
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