&EPA
United States                 Office of Water               EPA-823-F-01-029
Environmental Protection               4305                   February 2002
Agency
                   Fact Sheet
                  Summary of a Final Rule Withdrawing the Federal Designated Use
                  for Shields Gulch in Idaho
      Summary
         The U.S. Environmental Protection Agency (EPA) has published a final rule withdrawing the
      federal designated use for Shields Gulch in Idaho.

      Background

         On luly 31, 1997, EPA promulgated new use designations for five water bodies in the State
      of Idaho, including the designation of cold water biota for Shields Gulch. On March 19, 1999,
      the Idaho Mining Association challenged EPA's promulgation in the U.S. District Court of
      Idaho. On March 14, 2000, the Court found that EPA was arbitrary and capricious in
      determining the attainability of the cold water biota use for Shields Gulch. Therefore, the Court
      ordered that portion of the EPA rule designating Shields Gulch for cold water biota vacated and
      remanded to the EPA for further consideration.  To conform with the Court's order, EPA is
      withdrawing the federal cold water biota designated use for Shields Gulch.

      About this Rule

         This final rule withdraws the federal cold water biota designated use for Shields Gulch in
      Idaho. This rule imposes no costs and will not result in additional environmental benefits.  This
      action will not result in a change in the level of environmental protection for Shields Gulch
      because the State revised its water quality standards since EPA's luly 1997 promulgation.  The
      State now applies the cold water biota use to Shields Gulch as State law.

      How to Get Additional Information

         The full text of the Federal Register notice is available at
      http://www.epa. gov/waterscience/standards on the Internet.  For additional information, please
      contact Rob Van Brunt, U.S. EPA, 1200 Pennsylvania Ave NW (4305), Washington DC, 20460,
      (202) 260-2630, vanbrunt.robert@,epa. gov.

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