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Thank you for your work to improve air quality and protect public health. We look forward to continued work with you and your staff to implement the 2010 health-based SO₂ standard. For additional information regarding these designations, please visit our website at https://www.epa.gov/sulfur-dioxide-designations/.
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If you have further questions or concerns, please contact me or your staff may call Mark Rupp, Deputy Associate Administrator for Intergovernmental Relations, at [email protected] or at (202) 564-7178.
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Sincerely,
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G na McC
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Gina McCarthy
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Enclosure
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Butylbenzyl Phthalate
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Benzo(b)fluoranthene
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Benzo(k)fluoranthene
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Bis(2-Chloroethyl) Ether
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Hexachlorocyclohexane (HCH)- Technical
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1,3-Dichloropropene
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2,4-Dinitrotoluene
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Nitrosamines
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Nitrosodibutylamine, N
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Nitrosodiethylamine, N
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13) Table 3: The proposed revisions include the removal of criteria for several chemical families. These chemical families are listed as “headings” in D.C.’s current regulations with individual chemicals and criteria for those chemicals listed below the headings. DOEE proposes to remove the chemical family names and associated criteria, and not remove the individual chemicals and associated criteria. In the revised standards, a “Chemical Family Group” column is added to Table 3 to denote which family each individual chemical belongs to. None of the chemical family names are included as part of EPA’s recommended criteria under Clean Water Act § 304(a). Please provide justification as to how the removal of the chemical family names and associated criteria will protect the designated uses. Those chemical families and their associated criteria include:
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Constituentᵃ, Organics (µg/L) CAS Number Criteria for Classes
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C D²
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CCC 4-Day Avg CMC 1-Hour Avg 30-Day Avg
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Chlorinated benzenes (except Di) 25.0
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Chlorinated ethanes 50
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Chloroalkyl ethers 1000
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Dichloroethylenes 1000
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Dichloropropenes 400
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Endosulfan 0.056 0.22 89
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Halomethanes 1000
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Naphthalene 91203 600
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Nitrophenols 20
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Phthalate esters 100
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Footnote ᵃ: For constituents with blank numeric criteria, EPA has not calculated standards at this time. However, permit authorities will address constituents in NPDES permit actions using narrative criteria for toxics.
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EPA notes that the removal of several chemical family names that previously did not have a criterion associated with them and solely functioned as a heading is appropriate and does not require approval under Clean Water Act § 303(c). EPA notes that DOEE should continue to cover these chemical families and other unnamed chemicals without
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numeric criteria through their narrative criteria for toxics, as indicated by footnote a in Table 3. Those chemical families include:
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Constituentᵃ, Organics (μg/L) CAS Number Criteria for Classes
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C D²
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CCC 4-Day Avg CMC 1-Hour Avg 30-Day Avg
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Chlorinated naphthalene
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Chlorinated phenols
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Carbamates
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Organochlorides
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Organophosphates
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Polynuclear aromatic hydrocarbons
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Acenaphthylene
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Footnote ᵃ: For constituents with blank numeric criteria, EPA has not calculated standards at this time. However, permit authorities will address constituents in NPDES permit actions using narrative criteria for toxics.
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Section 7 of the Endangered Species Act (ESA) requires that all Federal agencies ensure that any covered action, (including any approval or disapproval action under CWA Section 303(c)) is not likely to jeopardize the continued existence of any threatened or endangered species, or to result in the destruction or adverse modification of the habitat that has been designated as critical for species. DOEE can assist EPA in meeting the commitment by facilitating early exchange of information with the Services and helping in early identification of potential problems. This effort can contribute to a speedier review by EPA and decrease the likelihood of a nonoccurrence by the Services on an action to approve any new or revised adopted criteria.
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Thank you for the opportunity to provide written comments on DOEE’s notice of proposed rulemaking and public comment period concerning the 2016 Triennial Review of D.C. Water Quality Standards. Please note that the comments addressed above are preliminary in nature and do not constitute a determination by EPA under Clean Water Act § 303(c). Approval/disapproval decisions will be made by the Region following adoption of new and/or revised standards by DOEE and submittal to EPA. The Administrator may only make a determination pursuant to Clean Water Act § 304(c)(4)(B). Should you have any questions concerning these comments, please contact me at (215) 814-5717 or Jillian Adair at (215) 814-5713 or via e-mail at [email protected].
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Sincerely,
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