81 FR 91929 - Request for Scientific Views: Draft Human Health Recreational Ambient Water Quality Criteria and/or Swimming Advisories for Microcystins and Cylindrospermopsin
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 243 (December 19, 2016)
Federal Register Volume 81, Issue 243 (December 19, 2016)
| Page Range | 91929-91931 | |
| FR Document | 2016-30464 |
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)] [Notices] [Pages 91929-91931] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30464] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2016-0715; FRL_9957-01-OW] Request for Scientific Views: Draft Human Health Recreational Ambient Water Quality Criteria and/or Swimming Advisories for Microcystins and Cylindrospermopsin AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) announces the release of the draft of Human Health Recreational Ambient Water Quality Criteria and/or Swimming Advisories for Microcystins and Cylindrospermopsin--2016 for a 60-day public comment. These are the draft recommended concentrations of the toxins microcystins and cylindrospermopsin in recreational water protective of human health while swimming or participating in other activities on the water. Recreational exposure to the microcystins and cylindrospermopsin produced by cyanobacteria has the potential to result in liver and kidney toxicity, respectively. The recommended values found in this draft document do not replace or supersede the 2012 Recreational Water Quality Criteria (RWQC) recommendations for E. coli and Enterococcus. Rather, once final, they will supplement the 2012 RWQC to provide further public health protection for additional, potentially hazardous conditions found in ambient recreational waters. Following closure of this 60-day public comment period, EPA will consider the comments, revise the draft document, as appropriate, and then publish a final document that will provide recommendations for States and authorized Tribes to establish water quality standards under the Clean Water Act (CWA). Alternatively, States and authorized Tribes may use these same values as the basis of swimming advisories for public notification purposes. DATES: Comments must be received on or before February 17, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ- [[Page 91930]] OW-2016-0715, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: John Ravenscroft, Health and Ecological Criteria Division, Office of Water (Mail Code 4304T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) 566-1101; 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-2016-0715. Publicly available docket materials are available either electronically through 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 cyanotoxins microcystins and mylindrospermopsin and why is EPA concerned about them? Cyanobacteria, also commonly referred to as blue-green algae, are photosynthetic bacteria that grow in many diverse habitats. Sometimes cyanobacteria can grow to high cell densities and form blooms, known as harmful algal blooms (HABs). These situations can cause green and blue scums to form in surface water. Microcystins and Cylindrospermopsin are toxins that can be produced by a variety of cyanobacteria species and can be released from cyanobacterial cells at any time. During a HAB event, excessive growth of cyanobacteria in surface waters leads to situations in which elevated levels of cyanotoxins are more likely, however, exposure can occur even when there are no visible signs of a bloom. Elevated levels of cyanotoxins affect not only the health of humans, but domestic animals and wildlife in contact with contaminated waters. At certain concentrations microcystins, and their associated cyanobacteria, can cause headaches, sore throats, vomiting and nausea, stomach pain, dry cough, diarrhea, blistering around the mouth, and pneumonia through recreational exposure. Cylindrospermopsin recreational exposure may cause fever, headache, vomiting, bloody diarrhea, hepatomegaly, and kidney damage with loss of water, electrolytes and protein. III. Information on the Recreational Ambient Water Quality Criteria (AWQC) for the Cyanotoxins Microcystins and Cylindrospermopsin EPA's draft recommended AWQC identify the concentration identify the following concentrations of microcystins and cylindrospermopsin that would be protective of human health given a primary contact recreational exposure scenario: 4 [micro]g/L for microcystins and 8 [micro]g/L for cylindrospermopsin. The recommended draft values supplement EPA's 2012 recreational AWQC to provide further public health protection for additional, potentially hazardous conditions found in ambient recreational waters. The draft recommended AWQC are based on the same peer-reviewed science used to develop EPA's 10-Day Drinking Water Health Advisories for these same cyanotoxins published in 2015. The draft criteria document has gone through an internal work group review and includes information on the state of the science describing the human health effects from exposure to cyanobacteria and their toxins, discussion of other domestic and international governmental and agency guidelines for recreational waters, and information on incidents involving exposure of domestic pets and other animals to cyanotoxins. IV. What are section 304(a) water quality criteria? Section 304(a) water quality criteria are recommendations developed by EPA under authority of section 304(a) of the Clean Water Act based on the latest scientific information on the relationship that the effect that a constituent concentration has on particular aquatic species and/or human health. Section 304(a)(1) of the Clean Water Act directs the EPA to develop and publish and, from time to time, revise criteria for water quality accurately reflecting 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. Section 304(a) criteria provide guidance to States and authorized Tribes in adopting water quality standards that ultimately provide a basis for controlling discharges of pollutants. The criteria also provide guidance that EPA considers when promulgating federal regulations under section 303(c) when such action is necessary. Under the CWA and its implementing regulations, States and authorized Tribes are to adopt water quality criteria to protect designated uses (e.g., aquatic life, recreational use). EPA's water quality criteria recommendations are not regulations. Thus, EPA's recommended criteria do not constitute legally binding requirements. States and authorized Tribes may adopt other scientifically defensible water quality criteria that differ from these recommendations. When adopting new or revised water quality standards, the States and authorized Tribes must adopt criteria that are scientifically defensible and protective of the designated uses of the bodies of water. States have the flexibility to do this by adopting criteria based on (1) EPA's recommended criteria, (2) EPA's criteria modified to reflect site-specific conditions, or (3) other scientifically defensible methods. [[Page 91931]] V. Use of the Values as Swimming Advisories EPA is also publishing these values for consideration by States and authorized Tribes for use as swimming advisories for notification purposes in recreational waters to protect the public. States and authorized Tribes could consider using the values as swimming advisories in making decisions whether to close, open, warn about concerns in recreational waters in a manner consistent or similar to their current recreational water advisory programs. The values in this 304(a) recommended criteria, even if used as swimming advisories, are not regulations, and thus, do not constitute legally binding requirements. VI. Solicitation of Scientific Views EPA is soliciting additional scientific views, data, and information regarding the science and technical approach used in the derivation of the draft Human Health Recreational Ambient Water Quality Criteria and/or Swimming Advisories for Microcystins and Cylindrospermopsin document. EPA is proposing that these recommended criteria, if adopted by States or authorized Tribes as CWA section 303(c) WQS, be used for CWA section 303(d) assessment and listing purposes where the magnitude is not exceeded for more than 10 percent of days during a recreational season up to one calendar year as an indicator of long-term impairment from multiple short-term blooms. EPA is soliciting public comment on this 10 percent exceedance frequency as well as alternative exceedance frequencies. For swimming advisories, EPA is proposing that these recommended values could be used to trigger public notification whenever values are exceeded for one day. EPA is soliciting public comment on this recommended single day exceedance as well as alternative exceedance frequencies. Dated: December 9, 2016. Joel Beauvais, Deputy Assistant Administrator, Office of Water. [FR Doc. 2016-30464 Filed 12-16-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices 91929
substances, EPA took into account in consumer products. Present in Dated: December 13, 2016.
scientific information documented in drinking water, indoor environments, James J. Jones,
the 2014 Work Plan, and ambient air, groundwater, and soil. Assistant Administrator, Office of Chemical
recommendations from stakeholders Hazard Information from 2014 Work Safety and Pollution Prevention.
and the public. EPA has established a Plan: Probable human carcinogen. [FR Doc. 2016–30468 Filed 12–16–16; 8:45 am]
separate docket for each of these Docket ID No.: EPA–HQ–OPPT–2016– BILLING CODE 6560–50–P
chemical substances to document the 0742.
risk evaluation process and to facilitate N-Methylpyrrolidone (NMP).
receipt of information which may be Exposure Information from 2014 Work ENVIRONMENTAL PROTECTION
useful to the Agency’s risk evaluations. Plan: Used in consumer products. AGENCY
The following list of the first 10 Present in drinking water and indoor
environments. High reported releases [EPA–HQ–OW–2016–0715; FRL_9957–01–
chemical substances includes their
OW]
exposure and hazard information from into the environment. Hazard
the 2014 Work Plan and their docket ID Information from 2014 Work Plan: Request for Scientific Views: Draft
number: Reproductive toxicity. Docket ID No.: Human Health Recreational Ambient
1,4-Dioxane. Exposure Information EPA–HQ–OPPT–2016–0743. Water Quality Criteria and/or
from 2014 Work Plan: Used in consumer Pigment Violet 29 (Anthra[2,1,9-
Swimming Advisories for Microcystins
products. Present in groundwater, def:6,5,10-de’f’]diisoquinoline-
and Cylindrospermopsin
ambient air and indoor environments. 1,3,8,10(2H,9H)-tetrone). Exposure
High reported releases to the Information from 2014 Work Plan: Used AGENCY: Environmental Protection
environment. Hazard Information from in consumer products. Estimated to Agency (EPA).
2014 Work Plan: Possible human have moderate releases to the ACTION: Notice of availability.
carcinogen. Docket ID No.: EPA–HQ– environment. Hazard Information from
OPPT–2016–0723. 2014 Work Plan: Aquatic toxicity. SUMMARY: The Environmental Protection
1-Bromopropane. Exposure Docket ID No.: EPA–HQ–OPPT–2016– Agency (EPA) announces the release of
Information from 2014 Work Plan: Used 0725. the draft of Human Health Recreational
in consumer products. Present in Trichloroethylene (TCE). Exposure Ambient Water Quality Criteria and/or
drinking water, indoor environments, Information from 2014 Work Plan: Used Swimming Advisories for Microcystins
surface water, ambient air, groundwater, in consumer products. Present in and Cylindrospermopsin—2016 for a 60-
soil. Estimated to have high releases to drinking water, indoor environments, day public comment. These are the draft
the environment. Hazard Information surface water, ambient air, groundwater, recommended concentrations of the
from 2014 Work Plan: Possible human and soil. Hazard Information from 2014 toxins microcystins and
carcinogen. Docket ID No.: EPA–HQ– Work Plan: Probable human carcinogen. cylindrospermopsin in recreational
OPPT–2016–0741. Docket ID No.: EPA–HQ–OPPT–2016– water protective of human health while
Asbestos. Exposure Information from 0737. swimming or participating in other
2014 Work Plan: Used in chlor-alkali Tetrachloroethylene (also known as activities on the water. Recreational
production, consumer products, perchloroethylene). Exposure exposure to the microcystins and
coatings and compounds, plastics, Information from 2014 Work Plan: Used cylindrospermopsin produced by
roofing products, and other in consumer products and dry cleaning. cyanobacteria has the potential to result
applications. Also found in certain Present in biomonitoring, drinking in liver and kidney toxicity,
imported products such as brakes, water, indoor environments, ambient respectively. The recommended values
friction products, gaskets, packing air, groundwater, soil. High reported found in this draft document do not
materials and building materials. releases to the environment. Hazard replace or supersede the 2012
Hazard Information from 2014 Work Information from 2014 Work Plan: Recreational Water Quality Criteria
Plan: Known human carcinogen; Acute Probable human carcinogen. Docket ID (RWQC) recommendations for E. coli
and chronic toxicity from inhalation No.: EPA–HQ–OPPT–2016–0732. and Enterococcus. Rather, once final,
exposures. Docket ID No.: EPA–HQ– III. References they will supplement the 2012 RWQC to
OPPT–2016–0736. provide further public health protection
Carbon Tetrachloride. Exposure The following is a listing of the
documents that are specifically for additional, potentially hazardous
Information from 2014 Work Plan: Used conditions found in ambient
in commercial/industrial products. referenced in this document. The docket
includes these documents and other recreational waters.
Present in biomonitoring, drinking Following closure of this 60-day
water, indoor environments, surface information considered by EPA,
including documents that are referenced public comment period, EPA will
water, ambient air, groundwater, soil. consider the comments, revise the draft
High reported releases to the within the documents that are included
in the docket, even if the referenced document, as appropriate, and then
environment. Hazard Information from publish a final document that will
2014 Work Plan: Probable human document is not physically located in
the docket. For assistance in locating provide recommendations for States and
carcinogen. Docket ID No.: EPA–HQ– authorized Tribes to establish water
OPPT–2016–0733. these other documents, please consult
the person listed under FOR FURTHER quality standards under the Clean Water
Cyclic Aliphatic Bromide Cluster Act (CWA). Alternatively, States and
(HBCD). Exposure Information from INFORMATION CONTACT.
1. EPA. TSCA Work Plan for Chemical authorized Tribes may use these same
sradovich on DSK3GMQ082PROD with NOTICES
2014 Work Plan: Flame retardant in values as the basis of swimming
extruded polystyrene foam, textiles, and Assessments: 2014 Update. Office of
Pollution Prevention and Toxics. advisories for public notification
electrical and electronic appliances. purposes.
Hazard Information from 2014 Work https://www.epa.gov/assessing-and-
Plan: Acute aquatic toxicity. Docket ID managing-chemicals-under-tsca/tsca- DATES: Comments must be received on
No.: EPA–HQ–OPPT–2016–0735. work-plan-chemical-assessments-2014- or before February 17, 2017.
Methylene Chloride. Exposure update. October 2014. ADDRESSES: Submit your comments,
Information from 2014 Work Plan: Used Authority: 15 U.S.C. 2601 et seq. identified by Docket ID No. EPA–HQ–
VerDate Sep<11>2014 20:55 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\19DEN1.SGM 19DEN1](https://thefederalregister.org/doc/81_FR_92172/page/1.svg)
![Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices 91931
V. Use of the Values as Swimming ENVIRONMENTAL PROTECTION making effective comments, please visit
Advisories AGENCY http://www2.epa.gov/dockets/
commenting-epa-dockets.
EPA is also publishing these values [EPA–HQ–OGC–2016–0642; FRL 9956–69–
OGC] FOR FURTHER INFORMATION CONTACT:
for consideration by States and Emily Seidman, Air and Radiation Law
authorized Tribes for use as swimming Proposed Settlement Agreement, Office (2344A), Office of General
advisories for notification purposes in Clean Air Act Citizen Suit Counsel, U.S. Environmental Protection
recreational waters to protect the public. Agency, 1200 Pennsylvania Ave. NW.,
States and authorized Tribes could AGENCY: Environmental Protection Washington, DC 20460; telephone: (202)
consider using the values as swimming Agency (EPA). 564–0906; fax number (202) 564–5603;
advisories in making decisions whether ACTION: Notice of proposed settlement email address: seidman.emily@epa.gov.
to close, open, warn about concerns in agreement; request for public comment. SUPPLEMENTARY INFORMATION:
recreational waters in a manner
consistent or similar to their current SUMMARY: In accordance with section I. Additional Information About the
recreational water advisory programs. 113(g) of the Clean Air Act, as amended Proposed Settlement Agreement
The values in this 304(a) recommended (‘‘CAA’’), notice is hereby given of a On May 18, 2015, Petitioner and
proposed settlement agreement to settle Eastman filed petitions for review of an
criteria, even if used as swimming
a lawsuit filed by American Chemistry EPA rule titled ‘‘National Emission
advisories, are not regulations, and thus,
Council (‘‘Petitioner’’), in the United Standards for Hazardous Air Pollutants
do not constitute legally binding States Court of Appeals for the D.C.
requirements. for Major Sources: Off-Site Waste
Circuit: American Chemistry Council v. Recovery Operations,’’ published at 80
VI. Solicitation of Scientific Views EPA (Case Number 15–1146). On May FR 14,248 (March 18, 2015) (the ‘‘Final
18, 2015, Petitioner and Eastman Rule’’). In addition, Petitioner and
EPA is soliciting additional scientific Chemical Company (‘‘Eastman’’) filed Eastman submitted to the EPA a Petition
views, data, and information regarding petitions for review of an EPA rule titled for Reconsideration of the Final Rule of
the science and technical approach used ‘‘National Emission Standards for two issues: (1) equipment leak detection
in the derivation of the draft Human Hazardous Air Pollutants for Major provisions for connectors; and (2)
Health Recreational Ambient Water Sources: Off-Site Waste Recovery monitoring requirements for pressure
Quality Criteria and/or Swimming Operations,’’ published in the Federal relief devices (‘‘PRD’’) on portable
Advisories for Microcystins and Register on March 18, 2015 (the ‘‘Final containers. The EPA granted the request
Cylindrospermopsin document. EPA is Rule’’). The proposed settlement for reconsideration of the Final Rule on
proposing that these recommended agreement would establish deadlines for the issue of PRD monitoring
criteria, if adopted by States or EPA to take specified actions. requirements for portable containers but
authorized Tribes as CWA section DATES: Written comments on the denied the request for reconsideration of
303(c) WQS, be used for CWA section proposed settlement agreement must be the equipment leak detection provisions
303(d) assessment and listing purposes received by January 18, 2017. for connectors. The EPA provided
where the magnitude is not exceeded for ADDRESSES: Submit your comments, public notice of this denial through a
more than 10 percent of days during a identified by Docket ID number EPA– Federal Register notice published on
recreational season up to one calendar HQ–OGC–2016–0642, online at May 16, 2016 at 81 FR 30,182. On
year as an indicator of long-term www.regulations.gov. For comments September 26, 2016, Eastman filed an
impairment from multiple short-term submitted at www.regulations.gov, unopposed motion for voluntary
blooms. EPA is soliciting public follow the online instructions for dismissal which the court granted.
comment on this 10 percent exceedance submitting comments. Once submitted, The proposed settlement agreement
frequency as well as alternative comments cannot be edited or removed would settle Petitioner’s lawsuit. Under
exceedance frequencies. For swimming from www.regulations.gov. The EPA the terms of the proposed settlement
advisories, EPA is proposing that these may publish any comment received to agreement, the EPA will reconsider the
recommended values could be used to its public docket. Do not submit Final Rule’s provisions relating to PRDs
electronically any information you and take an initial action no later than
trigger public notification whenever
consider to be Confidential Business July 20, 2017 and a final action no later
values are exceeded for one day. EPA is
Information (‘‘CBI’’) or other than January 18, 2018, as long as
soliciting public comment on this information whose disclosure is Petitioner provides the EPA with the
recommended single day exceedance as restricted by statute. Multimedia requested data on PRDs identified in
well as alternative exceedance submissions (audio, video, etc.) must be Appendix A of the settlement agreement
frequencies. accompanied by a written comment. by no later than October 28, 2016, or a
Dated: December 9, 2016. The written comment is considered the later date, as provided for in the
Joel Beauvais, official comment and should include settlement agreement. Please review the
Deputy Assistant Administrator, Office of
discussion of all points you wish to settlement agreement for additional
Water. make. The EPA will generally not details, available in the public docket at
[FR Doc. 2016–30464 Filed 12–16–16; 8:45 am]
consider comments or comment EPA–HQ–OGC–2016–0642.
contents located outside of the primary For a period of 30 days following the
BILLING CODE 6560–50–P
submission (i.e. on the web, cloud, or date of publication of this notice, the
sradovich on DSK3GMQ082PROD with NOTICES
other file sharing system). For Agency will receive written comments
additional submission methods, please relating to the proposed settlement
contact the person identified in the FOR agreement from persons who were not
FURTHER INFORMATION CONTACT section. named as parties or intervenors to the
For the full EPA public comment policy, litigation in question. EPA or the
information about CBI or multimedia Department of Justice may withdraw or
submissions, and general guidance on withhold consent to the proposed
VerDate Sep<11>2014 20:55 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\19DEN1.SGM 19DEN1](https://thefederalregister.org/doc/81_FR_92172/page/3.svg)
Document Created: 2016-12-17 03:15:34
Document Modified: 2016-12-17 03:15:34
| 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 February 17, 2017. | |
| Contact | John Ravenscroft, Health and Ecological Criteria Division, Office of Water (Mail Code 4304T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., | |
| FR Citation | 81 FR 91929 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR