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EPA/WATER

RIN: 2040-AF23

Publication ID: Fall 2011

Title: Withdrawal of Certain Federal Aquatic Life Water Quality Criteria Applicable to Wisconsin
Abstract: In 1997, Wisconsin developed revised water quality criteria to comply with the 1995 Great Lakes Initiative, a multi-state comprehensive plan to restore the health of the Great Lakes Basin. In 2000, EPA disapproved a subset of Wisconsin's criteria, including its chronic and acute aquatic life criteria for copper and nickel, and chronic aquatic life criteria endrin and selenium. As a result of the disapproval, EPA subsequently published a final rule effective February 5, 2001, making the following aquatic life criteria in 40 CFR part 132.6 effective for waters of the Great Lakes System in the State of Wisconsin: 1) Chronic and acute copper and nickel in tables 1 and 2 of 40 CFR part 132.6(f); 2) chronic endrin in table 2 of 40 CFR part 132.6(f); and 3) Chronic selenium in table 2 of 40 CFR part 132.6(g). Wisconsin began rulemaking in January 2008 to address the six aquatic life criteria for these four pollutants and in December 2008 the State finalized its criteria. EPA approved Wisconsin's revised aquatic life water quality criteria on July 1, 2009, with the exception of the chronic aquatic life criterion for selenium for waters designated by Wisconsin as Limited Forage Fish aquatic life use. EPA determined that these revised criteria adequately protect waters of the State at a level consistent with the federal requirements of the Clean Water Act and its implementing regulations at 40 CFR part 131. EPA proposed to withdraw its aquatic life criteria for chronic and acute copper and nickel (40 CFR part 132.6(f)) in all surface waters of Wisconsin designated for aquatic life uses. EPA also proposed to amend the chronic aquatic life criterion for endrin (40 CFR sec. 132.6(f)) to apply exclusively to waters designated by Wisconsin a Warm Water Sportfish and Warm Water Forage Fish aquatic life use, and selenium (40 CFR sec. 132.6(g)) to apply exclusively to areas designated as Limited Forage Fish aquatic life use. While EPA approved Wisconsin's revised chronic aquatic life criterion for endrin, the number published in Wisconsin's regulation at NR 105 for Warm Water Sportfish and War Water Forage Fish use is not identical to the number received and approved by EPA. Therefore EPA will not withdraw the chronic endrin criterion for these uses at this time. The proposed withdrawal will enable Wisconsin to implement its EPA-approved aquatic life criteria in all waters of the State designated for aquatic life uses.
Agency: Environmental Protection Agency(EPA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 132.6(f) 40 CFR 132.6(g)
Legal Authority: 33 USC 1751 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	03/16/2011	76 FR 14351
Final Action	09/16/2011	76 FR 57646

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Lisa Larimer Environmental Protection Agency Water 4305T, Washington, DC 20460 Phone:202-566-1017 Fax:202-566-9981 Email: Larimer.Lisa@epamail.epa.gov Francine Norling Environmental Protection Agency Water WQ-16J, Chicago, IL 60604 Phone:312 886-0271 Email: Norling.Francine@epamail.epa.gov