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EPA/OW | RIN: 2040-AF79 | Publication ID: Spring 2023 |
Title: Federal Selenium Criteria for Aquatic Life and Aquatic-Dependent Wildlife Applicable to California | |
Abstract:
On November 29, 2018, the EPA Administrator signed a proposed rule to establish water quality criteria applicable to waters under the state of California's jurisdiction to protect aquatic life and aquatic-dependent wildlife from exposure to toxic levels of selenium. EPA's proposed rule does not include waters in the San Francisco Bay and Delta system that were previously covered in EPA's July 2016 proposed rule (Water Quality Standards; Establishment of Revised Numeric Criteria for Selenium for the San Francisco Bay and Delta, State of California). Under a consent decree with Our Children's Earth Foundation and Ecological Rights Foundation, EPA is required to finalize its proposed selenium criteria for California within six months of the later of the following dates pertaining to Endangered Species Act section 7(a)(2) consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, the Services): making a "no effect" determination, receiving written concurrence from the Services, or concluding formal consultation with the Services. If EPA approves selenium criteria for the protection of aquatic life and aquatic-dependent wildlife submitted by California for all or any portion of fresh waters in the rest of California (i.e., all fresh waters not part of the San Francisco Bay and Delta) prior to promulgation of a final federal rule, EPA would no longer be obligated to finalize criteria for such waters. |
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Agency: Environmental Protection Agency(EPA) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 40 CFR 131 | |
Legal Authority: 33 U.S.C. sec. 1314(h) 33 U.S.C. sec. 1251 et seq |
Legal Deadline:
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Timetable:
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Additional Information: EPA-HQ-OW-2018-0056. | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: State |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Information URL: https://www.epa.gov/wqs-tech/water-quality-standards-establishment-numeric-criterion-selenium-fresh-waters-california | Public Comment URL: https://www.regulations.gov/docket?D=EPA-HQ-OW-2018-0056 |
RIN Data Printed in the FR: No | |
Agency Contact: Maria Letourneau Environmental Protection Agency Office of Water 1200 Pennsylvania Avenue NW, Mail Code 4305T, Washington, DC 20460 Phone:202 566-2700 Email: letourneau.maria@epa.gov Danielle Anderson Environmental Protection Agency Office of Water Mail Code 4305T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 564-1631 Email: anderson.danielle@epa.gov |