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EPA/OW RIN: 2040-AG08 Publication ID: Spring 2021 
Title: Federal Recreational Water Quality Criteria Applicable to Certain Waters in New York 

On March 7, 2018, the Environmental Protection Agency (EPA) disapproved New York's revised water quality criteria for fecal coliform and total coliform (i.e., recreational criteria) as not being protective of the primary contact recreation designated use in certain waters around New York City and not being based on sound science. Since the state did not remedy this disapproval, the EPA is now fulfilling its statutory obligation to promulgate scientifically defensible and protective water quality criteria for these primary contact waters. In the event that EPA approves recreational criteria for New York prior to promulgation of a final federal rule, EPA would no longer be obligated to finalize criteria for such waters.

Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 131.11   
Legal Authority: 33 U.S.C. 1251 et seq. Clean Water Act   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/00/2021 
Additional Information: Docket #:EPA-HQ-OW-2019-0453
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Brent Gaylord
Environmental Protection Agency
Regional Office New York
USEPA Region 2, 24th Floor, 290 Broadway,
New York, NY 10007
Phone:212 637-3868

Erica Fleisig
Environmental Protection Agency
Office of Water
4305T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1057