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EPA/OW RIN: 2040-AG08 Publication ID: Fall 2023 
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 the state submits, and EPA approves, recreational criteria for these waters in 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: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 40 CFR 131   
Legal Authority: 33 U.S.C. 1251 et seq. Clean Water Act   
Legal Deadline:  None
Action Date FR Cite
NPRM  05/00/2024 
Final Rule  To Be Determined 
Additional Information: .
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Erica Fleisig
Environmental Protection Agency
Office of Water
4305T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1057

Hannah Lesch
Environmental Protection Agency
Office of Water
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1224