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EPA/WATER RIN: 2040-AF33 Publication ID: Spring 2011 
Title: ●Withdrawal of Federal Water Quality Criteria for Certain States Covered Under EPA's 1992 National Toxics Rule (NTR) 
Abstract: The 1992 National Toxics Rule (NTR) promulgated for 14 States, the chemical-specific, numeric criteria for priority toxic pollutants necessary to bring all States into compliance with the requirements of section 303(c)(2)(B) of the Clean Water Act (CWA). States determined by EPA to fully comply with section 303(c)(2)(B) requirements were not affected by this rule. The rule addressed two situations. For a few States, EPA promulgated a limited number of criteria which were previously identified as necessary in disapproval letters to such States, and which the State had failed to address. For other States, Federal criteria were necessary for all priority toxic pollutants for which EPA had issued section 304(a) water quality criteria guidance and that were not the subject of approved State criteria. As States adopt and EPA approves criteria for priority toxic pollutants, states may be removed from the NTR via a Federal Rule Withdrawal. EPA is proposing to withdraw aquatic life cyanide (CN) criteria for San Francisco Bay and numerous numeric toxic criteria for New Jersey and Puerto Rico from the NTR. In 1992, the National Toxics Rule (NTR) promulgated these criteria for these states. In the case of California, the NTR promulgated CN criteria for San Francisco Bay. In 2008, California adopted site-specific CN criteria for San Francisco Bay and EPA Region 9 approved the criteria, subject to completion of the ESA consultation, pursuant to ESA section 7(d). In the cases of New Jersey and Puerto Rico, the NTR promulgated numerous numeric toxic criteria. In 2006, EPA Region 2 approved revisions to NJ WQS which contained the toxic criteria being withdrawn from the NTR today. Similarly, in 2010, EPA Region 2 approved revisions of numerous numeric toxic criteria in PR WQS. The proposed federal regulation withdrawal will enable California, New Jersey and Puerto Rico to implement the EPA-approved criteria in these instances. 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  To Be Determined    
Final Action  To Be Determined    
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:
Danielle Fuligni
Environmental Protection Agency
Water
4305T,
Washington, DC 20460
Phone:202 566-0793
Email: Fuligni.Danielle@epamail.epa.gov