[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Notices]
[Pages 18073-18076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7780]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7643-7]
Approval of West Virginia Water Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA is announcing the approval, under section 303 of the Clean
Water Act, of West Virginia's decision not to adopt a water quality
criterion for 3-methyl-4-chlorophenol. The Clean Water Act requires
each state to adopt water quality standards to protect public health
and welfare, enhance the quality of water and otherwise serve the
purposes of the CWA. 33 U.S.C. 1313(a)-(c). New or revised water
quality standards adopted by a state must be submitted to EPA for
review and approval. 33 U.S.C. 1313(c)(2)(A).
FOR FURTHER INFORMATION CONTACT: For questions about this approval,
please contact Cheryl Atkinson at (215) 814-3392 or mail your questions
to: Cheryl Atkinson, U.S. EPA Reg. III (3WP11), 1650 Arch St.,
Philadelphia, PA 19103.
SUPPLEMENTARY INFORMATION: In July 1998, West Virginia removed from its
Requirements Governing Water Quality
[[Page 18074]]
Standards, the criteria for phenolic materials, which applied to, among
others, the pollutant 3-methyl-4-chlorophenol. In June 22, 1999, EPA
disapproved the removal of the phenolic material criteria. Recently
West Virginia adopted several phenolic material criteria; however, West
Virginia did not adopt a criterion for 3-methyl-4-chlorophenol. On
April 17, 2003, EPA approved the newly adopted phenolic material
criteria despite the lack of a 3-methyl-4-chlorophenol criterion
because EPA's national recommended criterion for 3-methyl-4-
chlorophenol is based on organoleptic effects (taste and odors) that
have no demonstrated relationship to adverse human health effects.
On January 14, 2004, the Eastern District of Pennsylvania district
court issued a mostly favorable opinion in a litigation challenging the
2003 EPA approval of several West Virginia WQSs. See West Virginia
Rivers Coalition v. Environmental Protection Agency, No. 03-1022 (E.D.
PA. Jan. 14, 2004). However, the court found EPA's approval of the
State's decision not to adopt a criterion for 3-methyl-4-chlorophenol,
arbitrary and capricious. The court remanded to EPA for review the
omission of the 3-methyl-4-chlorophenol criterion. The court also
ordered EPA to document its review in the Federal Register.
In accordance with the court's order, this notice announces EPA's
decision on March 15, 2004, to approve West Virginia's decision not to
adopt a criterion for 3-methyl-4-chlorophenol Appendix A to this notice
discusses the rationale supporting the decision to approve.
Dated: March 30, 2004.
Jon M. Capacasa,
Director of the Water Protection Division, Region III.
Appendix A--Environmental Protection Agency Approval Rationale for 3-
methyl-4-chlorophenol, West Virginia Requirements Governing Water
Quality Standards, March 15, 2004.
Document Summary: The following discussion provides a
description and uses of 3-methyl-4-chlorophenol; analysis of the
effects, exposure, and risks associated with 3-methyl-4-
chlorophenol; information on its likely prevalence in West Virginia;
and a conclusion of whether 3-methyl-4-chlorophenol could be
``reasonably expected'' to interfere with designated uses related to
taste and odor and human heath in West Virginia. Based on this
information and analysis, EPA concludes that 3-methyl-4-chlorophenol
cannot reasonably be expected to interfere with those designated
uses in West Virginia. Therefore, a numeric criteria value for 3-
methyl-4-chlorophenol is not required in West Virginia's WQS.
I. Description and Uses of 3-Methyl-4-Chlorophenol
3-methyl-4-chlorophenol (CAS number: 59-50-7) is a priority
toxic pollutant under section 307(a) of the CWA. As noted in EPA's
Substance Registry Service CAS file for this chemical (available at:
http://www.epa.gov/srs/), there are a number of synonyms for this
chemical, including: parachlorometacresol (or p-chloro-m-cresol), 3-
methyl-4-chlorophenol, or 4-chloro-3-methylphenol.
3-methyl-4-chlorophenol was first registered as a pesticide in
1968 for use as an industrial preservative in the U.S.\1\ As of
1997, it has been registered for three products, including two
manufacturing-use products and one end-use product, all of which are
industrial uses only. Specifically, the chemical is used as a
microbicide to control slime-forming bacteria and fungi that might
develop in industrial products; these products are currently used in
the manufacturing of industrial adhesives, industrial coatings,
emulsions, leather processing liquors, metal cutting fluids, paints
(in can), specialty industrial products, oil drilling muds/packer
fluids, and wet-end adhesives/industrial processing chemicals. The
chemical is also used in paper coatings and adhesives for food
products, and as a preservative in pharmaceutical products and
cutting oils (Ref. 4). The detection limit for 3-methyl-4-
chlorophenol is 3.0 ug/L (ppb) using EPA Method 625 (40 CFR part
136, Table 5).
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\1\ EPA's Office of Pesticide Programs (OPP)'s Reregistration
Eligibility Decisions (REDs) documents contain the results of EPA's
regulatory reviews of pesticides initially registered under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The
REDs database is found at: http://www.epa.gov/pesticides/reregistration/. The REDs fact sheet for this chemical is available
at: http://www.epa.gov/REDs/factsheets/3046fact.pdf (EPA-738-F-96-
008, January 1997) and in the REDs full document for this chemical
(EPA-738-R-96-008, January 1997) found at: http://www.epa.gov/REDs/3046red.pdf.
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II. Human Health Effects, Exposure, and Risks Associated with 3-Methyl-
4-Chlorophenol
EPA conducted a review of available information related to human
health effects associated with exposure to 3-methyl-4-chlorophenol.
This review includes searches of a number of databases providing
information on human health effects associated with exposure to
chemicals, and reviews of drinking water regulations. EPA also
estimated human health risk screening values for evaluating human
exposure to 3-methyl-4-chlorophenol in water and fish, applying
peer-reviewed EPA guidance to derive this estimate.
(A) Taste and odor problems to humans in water and caught fish:
EPA has published a national recommended water quality criteria
value for 3-methyl-4-chlorophenol of 3,000 ug/L for organoleptic
effects to address undesirable taste and odor in water potentially
consumed by humans. EPA reported in the ``Gold Book'' (Quality
Criteria for Water: 1986) that at a concentration of 3,000 ug/l in
water, 3-methyl-4-chlorophenol causes a discernable odor. Where
concentrations of 3-methyl-4 chlorophenol are below 3,000 ug/l,
public water supplies are not affected by an undesirable odor or
taste. EPA's recommended water quality criteria value of 3,000 ug/L
for organoleptic effects in ambient water is also a reasonable
screening value for taste and odor effects in caught fish because 3-
methyl-4-chlorophenol is not highly bioaccumulative and would
therefore not be expected to be present in fish tissues at
concentrations that are much greater than those in water (EPA 2000;
2003).
(B) Human health effects: 3-methyl-4-chlorophenol is toxic when
there is human exposure to skin and eyes at concentrations ranging
between 200-50,000 mg/L. It can cause redness and pain when exposed
to eyes and skin, and it can cause other health symptoms when
ingested or inhaled. However, this chemical rapidly dissipates when
exposed to air, and biodegrades readily in water under aerobic
conditions. Studies on carcinogenicity and mutagenicity effects have
been negative (Ref. 3).
For this evaluation, EPA estimated health risk screening values
for evaluating protection against non-cancer effects associated with
long-term human exposure to 3-methyl-4-chlorophenol in water and
fish. The health risk screening values are: 5,200 ug/l (``water +
organism'') and 27,000 ug/L (``organism only''). The ``water and
organism'' value is to protect human health based on exposure to the
pollutant via consumption of water and fish, while the ``organism
only'' value is to be protective based on exposure via the
consumption of fish.
The health risk screening values were calculated as described in
EPA's Methodology for Deriving Ambient Water Quality Criteria for
the Protection of Human Health (2000) (Ref 11 & 12). To account for
the human exposure to the pollutant through the consumption of fish
and other aquatic food, we calculated trophic level-specific
bioaccumulation factors for trophic levels 2,3, and 4 aquatic
organisms.\2\ The bioaccumulation factors (BAFs) were estimated from
the octanol-water partition coefficient (Kow), based on
procedures and methods provided in EPA guidance (EPA 2000; 2003).
Using the log Kow reported for 3-methyl-4-chlorophenol in
the 1997 EPA RED (where log Kow=3.02), we first
determined the baseline BAF to be 1047 L/kg-tissue (baseline BAF
Kow = antilog of 3.02 = 1047). We did not use food chain
multipliers in calculating BAFs, because for chemicals with a log
Kow < 4.0, the chemical is classified as having low
hydrophobicity and food chain accumulation is not considered to be
an important factor in the calculation of BAFs (EPA 2000; 2003). Due
to the lack of data on the metabolization rate of this chemical in
fish, we used the conservative assumption that the chemical is
metabolized slowly, although generally phenolic compounds do readily
metabolize in fish tissue. In accordance with EPA guidance, trophic
level-specific baseline
[[Page 18075]]
BAFs are adjusted to conditions that are expected to affect the
bioavailability of 3-methyl-4-chlorophenol (i.e., National BAFs
derived). We adjusted the National BAFs to reflect percent lipid of
the aquatic organisms consumed by humans (trophic level-specific)
and the freely dissolved fraction of chemical in ambient waters.
Using national default values for lipid content of consumed aquatic
organisms and for particulate and dissolved organic carbon (to
estimate the freely dissolved fraction of the chemical in water),
the following national BAF values were calculated for 3-methyl-4-
chlorophenol: trophic level 2 = 20.9L/kg-tissue; trophic level 3 =
28.2 L/kg-tissue; trophic level 4 = 32.4 L/kg-tissue. These national
trophic level-specific BAFs are used in conjunction with national
default trophic level fish ingestion rates (TL2 = 0.0038 kg/d, TL3 =
0.0080 kg/d, TL4 = 0.0057 kg/d) to calculate the ingestion of
chemical that is due to consumption of fish (EPA 2000; 2003). In the
case of this evaluation for 3-methyl-4-chlorophenol, the result was
0.4905 L/d.
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\2\ Trophic levels in the aquatic food chain go from algae to
zooplankton and benthic filter feeders to forage fish to predatory
fish.
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For the next step in estimating the risk screening value, we
used the non-cancer effect equation from the human health
methodology. The reference dose (RfD) of 0.9 mg/kg/d was derived
from the lowest observed effects level (LOEL = 28 mg/kg/d) data from
a rat study presented in the EPA RED document and the EPA
recommended uncertainty factors.\3\ We used the default ``floor''
relative source contribution (RSC) of 20% in this evaluation (EPA,
2000), because of lack of information available on potential
exposures to 3-methyl-4-chlorophenol and hence for performing a
quantitative RSC analysis. Using these input parameters, the health
screening values for ``water and organism'' (5,200 ug/L) and
``organism only'' (27,000 ug/L) were estimated for comparison to the
significantly lower organoleptic criteria (3,000 ug/L) and the
effluent discharge monitoring data.
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\3\ In applying the uncertainty factors, the LOEL is divided by
a factor of 3 to account for the lack of NOEL--no observed effects
level-in the chronic rat study and further is divided the result by
10 to account for the limited number of species tested)(EPA RED
1997; EPA 2000).
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III. Prevalence of 3-Methyl-4-Chlorophenol in West Virginia Surface
Waters
EPA searched for information or data relevant to the discharge
or presence of 3-methyl-4-chlorophenol throughout the State of West
Virginia. The results of this search indicate that 3-methyl-4-
chlorophenol (p-chloro-m-cresol) is not likely to be present at
levels above the analytical detection limit in any effluent or
ambient surface water in West Virginia.
Under the technology-based effluent guidelines limitations, 3-
methyl-4-chloro-henol (p-chloro-m-cresol) is regulated only as a
member of a group of organic chemicals (``priority pollutants'') in
40 CFR parts 423 (Steam Electric Power Generating Point Source
Category), 433 (Metal Finishing Point Source Category), 464 (Metal
Molding and Casting Point Source Category), and 467 (Aluminum
Forming Point Source Category). This organic chemical is not
regulated as an individual parameter in EPA's effluent guidelines
because data available at the time the effluent guidelines were
developed indicated that this organic chemical was not detected at
an elevated concentration in treated effluent being discharged by
such facilities.
EPA conducted a review of permit information for dischargers
associated with the numerous Standard Industrial Category (SIC)
codes associated with the above effluent guidelines regulations, and
for permit information on all parameter codes associated with 3-
methyl-4-chlorophenol in EPA's Permit Compliance System (PCS) data
base. The permit review described above indicated that all major
permitted facilities required to analyze for the presence of 3-
methyl-4-chlorophenol reported no detections above the detection
limit for this chemical (or other synonym names associated with this
chemical).
In addition, EPA searched several monitoring data bases and
contacted authorities who conduct either surface water ambient
monitoring or drinking water monitoring and found that these
authorities do not monitor for this chemical (or other synonym names
associated with this chemical). There are no fish advisories
currently in effect for 3-methyl-4-chlorophenol in West Virginia.
Another private database (Ref. 7) online provided the following
data regarding the presence of this chemical in the environment
(although not specifically in West Virginia). Chlorinated municipal
sewage effluents in the United Kingdom have been observed to contain
3-methyl-4-chlorophenol concentrations of approximately 2 ppb (ug/
L).
In the final effluent and soil leachate from a treatment works
in the United Kingdom, 3-methyl-4-chlorophenol concentrations of 73
ng/L (0.073 ug/L) and 154 ng/L (0.154 ug/L), respectively, were
reported. In summary, detections were reported in some effluent
discharges in England at levels at or below 2 ug/l. The data base
notes that environmental release of 3-methyl-4-chlorophenol may
occur through inadvertent formation in waters (potable water,
wastewater, cooling water) which have undergone chlorination
treatment and by evaporation or waste releases from product
formulation or end-products containing 3-methyl-4-chlorophenol.
However, also according to the database, if the chemical is released
to water, photolysis and biodegradation appear to be capable of
degrading this chemical. Various screening tests have demonstrated
that this chemical is readily biodegradable under aerobic
conditions. If released to the atmosphere, 3-methyl-4-chlorophenol
will degrade rapidly (half-life of 1.1 days).
IV. Is 3-Methyl-4-Chlorophenol ``Reasonably Expected'' To Interfere
With Human Health Designated Uses in West Virginia?
As described further below, based on this information and
analysis, EPA concludes that 4-chloro-3-methylphenol cannot
reasonably be expected to interfere with designated uses related to
taste and odor and human heath in West Virginia. Therefore, a
numeric criteria value for 3-methyl-4-chlorophenol is not required
in West Virginia's WQS.
Section 303(c)(2)(B) of the CWA requires adoption of numeric
criteria for priority toxic pollutants where the discharge or
presence of priority toxics may interfere with designated uses.
Where the discharge or presence of priority toxics cannot
``reasonably be expected'' to interfere with designated uses, a
numeric criterion is not required.
EPA's WQS regulation, at 40 CFR 131.11(a)(2), provides
requirements for adoption of priority toxic pollutants in WQS, and
notes that: ``States must review water quality data and information
on discharges to identify specific water bodies where toxic
pollutants may be adversely affecting water quality or the
attainment of the designated water use or where the levels of toxic
pollutants are at a level to warrant concern and must adopt criteria
for [toxic pollutants including 3-methyl-4-chlorophenol] applicable
to the water body sufficient to protect the designated use.''
As discussed in section II above (II. Effects, Exposure, and
Risks Associated with 3-methyl-4-chlorophenol), an appropriate
action level to control undesirable taste and odor problems
associated with human exposure to 3-methyl-4-chlorophenol is 3,000
[mu]g/L. Appropriate screening levels to protect against non-cancer
effects associated with human exposure to 3-methyl-4-chlorophenol in
water and fish are: 5,200 [mu]g/l (``water + organism'' exposure)
and 27,000 [mu]g/L (``organism only'' exposure). Carcinogenicity and
mutagenicity studies were negative for effects.
EPA reviewed, assembled and documented available information or
data relevant to the discharge or presence of 3-methyl-4-
chlorophenol throughout the State. As discussed in section III above
(Prevalence of 3-methyl-4-chlorophenol in West Virginia surface
waters), 3-methyl-4-chlorophenol (p-chloro-m-cresol) is not
indicated to be present at detectible levels in effluent or ambient
surface water monitoring data throughout the State.
Since 4-chloro-3-methylphenol is not indicated to be present in
effluent or ambient surface water monitoring data throughout West
Virginia, the chemical has not been shown to be present in surface
waters at levels above action levels that would be protective of
human health (i.e., 3,000 [mu]/L, to protect from undesirable taste
and odor problems; 5,250 [mu]/L, to protect against non-cancer
effects associated with ``water + organism'' exposure; and 26,600
[mu]/L, to protect against non-cancer effects associated with
``organism only'' exposure).
The lack of detection in effluent and surface waters is
consistent with our knowledge of the uses of this compound. If
releases to surface waters occur from industrial practices, the
concentration of this chemical would be further diluted and degraded
by photolysis and biodegradation.
EPA therefore concludes that, based on this information and
analysis, 3-methyl-4-chlorophenol cannot reasonably be expected to
interfere with designated uses related to taste and odor and human
heath in West Virginia. Therefore, a numeric criteria value for 3-
methyl-4-chlorophenol is not required in West Virginia's WQS. The
narrative criteria in the West Virginia regulations
[[Page 18076]]
concerning toxics, and pollutants affecting taste and odor, in
sewage and effluent still apply.\4\ This decision is consistent with
other Agency's decisions involving organoleptic pollutants. In
December 1992, EPA promulgated numeric criteria for priority toxic
pollutants for fourteen states at 40 CFR part 131 (57 FR 60848). The
CWA requires that states adopt water quality standards for toxic
pollutants. EPA excluded from this rulemaking criteria that are
based on taste and odor effects, not on toxic effects. EPA noted
that the purpose of the rulemaking was to protect public health and
aquatic life from toxicity, and organoleptic pollutants are not
toxic (57 FR 60864). Similarly, in May 2000, EPA promulgated numeric
criteria for priority toxic pollutants for California, also at 40
CFR part 131. This rulemaking also excluded criteria for
organoleptic pollutants because they are not based on toxicity to
humans or aquatic life (65 FR 31698).
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\4\ West Virginia Requirements Governing Water Quality Standards
sections 46-1-3.2.d-3.2.e.
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References
1. EPA's Substance Registry Service CAS file (http://oaspub.epa.gov/srs/srs_proc_qry.navigate?P_SUB_ID=3103).
2. Office of Pollution, Pesticides and Toxics (OPPT)'s
Reregistration Eligibility Decisions (REDs) database (http://www.epa.gov/pesticides/reregistration/).
3. The REDs fact sheet for this chemical (http://www.epa.gov/REDs/factsheets/3046fact.pdf) (EPA-738-F-96-008, January 1997) and
the REDs full document for this chemical (EPA-738-R-96-008, January
1997) is available at: http://www.epa.gov/REDs/3046red.pdf.
4. National Institute for Occupational Safety and Health (NIOSH)
``RTECs'' (http://www.cdc.gov/niosh/rtecs/go6c5660.html#Y) and
NIOSH's Chemical Data Safety Card for this chemical (http://www.cdc.gov/niosh/ipcsneng/neng0131.html).
5. EPA Method 625 (40 CFR part 136, Table 5).
6. EPA's Permit Compliance System (PCS) data base, found at:
http://www.epa.gov/compliance/planning/data/water/pcssys.html, using
searches on the following Web site: http://www.epa.gov/enviro/html/pcs/pcs_query_java.html.
7. Spectrum Laboratories maintains a database at: (http://www.speclab.com/compound/c59507.htm).
8. West Virginia Fish advisory Web site (http://www.wvdhhr.org/fish/current.asp) searched on February 19, 2004.
9. EPA ``Gold Book'' (Quality Criteria for Water: 1986, EPA 440/
5-86-001).
10. EPA's Ambient Water Quality Criteria for Chlorinated Phenols
(EPA, 1980, EPA 405-80-032).
11. Methodology for Deriving Ambient Water Quality Criteria for
the Protection of Human Health (2000), EPA-822-B-00-004, October
2000.
12. Methodology for Deriving Ambient Water Quality Criteria for
the Protection of Human Health (2000)-Technical Support Document
Vol. 2 Development of National Bioaccumulation Factors, EPA-822-R-
03-030, December 2003.
[FR Doc. 04-7780 Filed 4-5-04; 8:45 am]
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