ŠERA
Environ^tal Protection office of water EPA-[822-F-11-002]
Agency rdmsn rMarrhi r?nin
Proposed Withdrawal of Certain Federal Aquatic Life
Water Quality Criteria Applicable to Wisconsin
Summary
EPA is proposing to withdraw federal aquatic
life water quality criteria for chronic and acute
copper and nickel, and chronic endrin and
selenium applicable to waters in Wisconsin
designated for aquatic life use. Wisconsin's
revised and EPA-approved criteria adequately
protect waters of the state designated for aquatic
life use at a level consistent with the federal
requirements. Once finalized, the withdrawal
will enable Wisconsin to implement its EPA-
approved aquatic life criteria.
Background
In 1995, EPA promulgated a final rule known as
the Water Quality Guidance for the Great Lakes
System, or the Great Lakes Initiative. As part of
a comprehensive plan to restore the health of the
Great Lakes System, the Guidance identified
minimal water quality standards to protect
aquatic life. Under the Clean Water Act
(CWA), Great Lakes States are required to adopt
provisions, consistent with the Guidance, into
their water quality standards and National
Pollutant Discharge Elimination System
(NPDES) permit programs. The CWA
authorizes EPA to promulgate water quality
standards for a state when EPA disapproves the
state's new or revised water quality standards.
Further, when EPA approves state-adopted
water quality standards that meet the
requirements of the CWA, EPA may withdraw
any previously applicable federal standards.
In 1997, Wisconsin adopted revised water
quality standards to comply with the Guidance
requirements (40 CFRPart 132). In October
2000, EPA disapproved six of Wisconsin's
revised aquatic life criteria, including chronic
and acute copper and nickel, and chronic endrin
and selenium. As a result of the disapproval,
EPA promulgated federal aquatic life criteria for
chronic and acute copper and nickel and chronic
endrin (40 CFR 132.6(f)) as well as chronic
aquatic life criteria for selenium (40 CFR
132.6(g)) for Wisconsin's five aquatic life
designated uses.
In December 2008, Wisconsin revised its water
quality standards to address EPA's disapproval.
In July 2009, EPA determined that Wisconsin's
revised criteria adequately protect all waters of
the state designated for aquatic life uses at a
level consistent with the CWA requirements,
with the exception of the chronic aquatic life
criterion for selenium in waters designated as
Limited Forage Fish aquatic life use. While EPA
approved Wisconsin's revised chronic aquatic
life criteria for endrin, due to a transcription
error the number published in Wisconsin's
regulations atNR 105.06 (0.05 (ig/L) for Warm
Water Sportfish and Warm Water Forage Fish is
not identical to the revised and EPA-approved
criterion (0.036 (ig/L). Therefore, EPA is not
proposing to withdraw the chronic endrin
aquatic life use criterion for these designated
uses until after Wisconsin concludes rulemaking
to correct the criterion published in the state's
regulations.
About this Action
EPA's approval of Wisconsin's revised aquatic
life criteria makes the federal criteria no longer
necessary for compliance with the CWA.
Therefore EPA proposes to withdraw the federal
criteria for chronic and acute copper and nickel,
chronic endrin (with the exception of the aquatic
life criteria for waters designated as Warm
Water Forage Fish and Warm Water Sportfish),
and chronic selenium (with the exception of the
aquatic life criteria for waters designated as
Limited Forage Fish). Once finalized, the
withdrawal of federal criteria will enable
Wisconsin to implement its EPA-approved
aquatic life criteria.
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For More Information
For more information about this action, contact
Claudia Fabiano (fabiano.claudia@epa.gov) at
202-566-0446 or Francine Norling
(norling.francine@epa.gov) at 312-886-0271.
Read the full text of the Federal Register notice,
which provides information about how to review
the complete administrative record. The docket
is available online atwww.regulations.gov
(EPA-HQ-OW-2010-0492).
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