Notice of Intent To Develop a Policy on the Determination of a Harmful Algal Bloom (HAB) and Hypoxia as an Event of National Significance in Freshwater Systems, 48610-48612 [2019-19985]
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The workshop will be transcribed and
webcast. Transcripts will be available
for a fee from Ace Reporting (202–347–
3700). A link to the webcast of this
event will be available in the
Commission Calendar of Events at
www.ferc.gov. The Capitol Connection
provides technical support for the
webcasts and offers the option of
listening to the workshop via phonebridge for a fee. For additional
information, visit
www.CapitolConnection.org or call (703)
993–3100.
Commission conferences are
accessible under section 508 of the
Rehabilitation Act of 1973. For
accessibility accommodations, please
send an email to accessibility@ferc.gov
or call toll free 1–866–208–3372 (voice)
or 202–208–8659 (TTY), or send a fax to
202–208–2106 with the required
accommodations.
For more information about this
workshop, please contact Samin Peirovi
at Samin.Peirovi@ferc.gov or (202) 502–
8080. For information related to
logistics, please contact Sarah McKinley
at Sarah.Mckinley@ferc.gov or (202)
502–8368.
Dated: September 9, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019–19954 Filed 9–13–19; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2019–0463; FRL 9999–83–
OW]
Notice of Intent To Develop a Policy on
the Determination of a Harmful Algal
Bloom (HAB) and Hypoxia as an Event
of National Significance in Freshwater
Systems
Environmental Protection
Agency (EPA).
ACTION: Notice of availability; request
for comments.
AGENCY:
The Environmental Protection
Agency (EPA) is requesting public
comment to inform the development of
an Agency policy for determining if a
harmful algal bloom (HAB) or hypoxia
event in freshwater is an ‘‘event of
national significance.’’ Recent
amendments to the Harmful Algal
Bloom and Hypoxia Research and
Control Act (HABHRCA), provide the
EPA with the statutory authority to
make such a determination in the case
of a freshwater HAB or hypoxia event.
Public comments are intended to inform
the development of a policy for the EPA
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SUMMARY:
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to make such determinations,
specifically for events in freshwater. A
federal determination that such an
occurrence is an event of national
significance enables mobilization of
federal resources to assess and mitigate
its detrimental effects, subject to the
availability of appropriations. The EPA
requests input on what the Agency
should specifically consider for
determining a ‘‘HAB or Hypoxia event
of national significance’’ in freshwater,
and related factors in order to inform
development of a draft EPA policy. On
July 25, 2019, the National Oceanic and
Atmospheric Administration (NOAA)
issued a separate notice to solicit
comments on HAB or hypoxia events of
national significance in marine and
coastal waters.
Comments must be received on
or before October 31, 2019.
DATES:
Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–0463 to the Federal eRulemaking
Portal: https://www.regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or
withdrawn. The EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commentingepa-dockets.
ADDRESSES:
Dr.
Lesley V. D’Anglada, Health and
Ecological Criteria Division, Office of
Water (Mail Code 4304T),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington,
DC 20460; telephone number: (202)
566–1125; email address:
danglada.lesley@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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I. General Information
How can I get copies of this document
and other related information?
1. Docket. The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–0463. Publicly
available docket materials are available
either electronically through
www.regulations.gov or in hard copy at
the Water Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room
3334, 1301 Constitution Ave. NW,
Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Water
Docket is (202) 566–2426.
2. Electronic Access. You may access
this Federal Register document
electronically from the Government
Printing Office under the ‘‘Federal
Register’’ listings FDsys (https://
www.gpo.gov/fdsys/browse/
collection.action?collectionCode=FR).
II. What are harmful algal blooms
(HABs) and hypoxia and why is the
EPA concerned about them?
Harmful algal blooms (HABs) are
caused by certain types of
photosynthetic organisms that under
certain conditions form large
accumulations of algae that can
adversely affect human health and the
environment and can cause local
economic losses. In freshwater,
cyanobacteria are the major HABsforming taxon. Cyanobacteria are
microorganisms that can produce
harmful cyanotoxins that, if ingested in
sufficient amounts, can kill fish,
shellfish, livestock, wildlife, and
adversely impact human health. Algal
blooms, both those that produce
cyanotoxins and those that do not, can
also harm aquatic environments by
depleting oxygen needed to sustain
freshwater aquatic life. HABs can
negatively impact drinking water
systems, recreation, commercial and
recreational fishing, property values and
public health. Recent notable drinking
water cyanotoxin-related events include
the 2018 HAB event in Detroit Lake,
Oregon, that resulted in do not drink
advisories in the City of Salem, and the
2014 HAB event on Lake Erie that
resulted in do not drink advisories in
the City of Toledo. In 2016, a
cyanobacteria bloom in Lake
Okeechobee traveled into St. Lucie
Estuary, resulting in the largest
cyanobacterial bloom reported in the
state of Florida in ten years. The bloom
E:\FR\FM\16SEN1.SGM
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Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices
jspears on DSK3GMQ082PROD with NOTICES
in the St. Lucie River resulted in beach
closures and economic losses.
Hypoxia is a condition where the
concentration of dissolved oxygen (DO)
in a portion of the water column
decreases to a level that can no longer
support aquatic life, typically less than
2–3 milligrams DO per liter. A variety
of factors cause low or zero oxygen
conditions in waterbodies, including
nitrogen and phosphorus pollution, and
waterbody stratification, or layering,
due to temperature gradients. Low
dissolved oxygen conditions are a
serious environmental concern that can
impact valuable fisheries and disrupt
sensitive ecosystems. In freshwater
lakes, hypoxia in deeper waters coupled
with warm shallow waters can severely
limit the habitat available for fish
species, such as trout. Exposure to
hypoxia can cause adverse effects to
aquatic life, such as reduced growth and
reproduction. For more details on
HABs, please refer to this site: https://
www.epa.gov/cyanohabs, and for more
information on Hypoxia, please refer to
this site: https://www.epa.gov/ms-htf/
hypoxia-101.
III. Information on the Harmful Algal
Bloom and Hypoxia Research and
Control Act
In 1998, Congress recognized the
severity of these threats and passed the
Harmful Algal Bloom and Hypoxia
Research and Control Act (HABHRCA
1998, Pub. L. 105–383). The Harmful
Algal Bloom and Hypoxia Research and
Control Amendments Act of 2004
(HABHRCA 2004, Pub. L. 108–456) and
2014 (HABHRCA 2014, Pub. L. 113–
124) reaffirmed and expanded the
mandate for NOAA to advance the
scientific understanding and ability to
detect, monitor, assess, and predict HAB
and hypoxia events. Congress most
recently reauthorized and amended
HABHRCA through the National
Integrated Drought Information System
Reauthorization Act of 2018 (Pub. L.
115–423, § 9). This most recent
reauthorization and amendment of
HABHRCA is referred to as the Harmful
Algal Bloom and Hypoxia Research and
Control Amendments Act of 2017
(HABHRCA 2017). HABHRCA 2017
provides NOAA and EPA with authority
to make a determination of a ‘‘HAB or
hypoxia event of national significance,’’
for marine or coastal events or
freshwater events, respectively, either in
the discretion of the Agency head or at
the request of a Governor of an affected
state (33 U.S.C. 4010). Following such a
determination, federal officials may
‘‘make sums available to the affected
State or local government for the
purposes of assessing and mitigating the
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18:14 Sep 13, 2019
Jkt 247001
detrimental environmental, economic,
subsistence use, and public health
effects of the event of national
significance.’’ Funds would be subject
to the availability of appropriations,
though either of the respective agencies
may accept donations of funds, services,
facilities, materials, or equipment
determined necessary for the purpose of
assessing and mitigating the detrimental
effects, and donated funds may be
expended without further appropriation
and without fiscal year limitation. As
directed under HABHRCA 2017, EPA,
in coordination with NOAA, intends to
develop a policy for determining a HAB
or Hypoxia occurrence as an ‘‘event of
national significance’’ in freshwater
systems in the United States. NOAA
issued a separate notice to solicit
comments on marine and coastal
hypoxia or HAB events in 84 FR 35854
on July 25, 2019. After consideration of
comments on this notice, the EPA
anticipates developing a draft policy for
which the Agency would solicit further
comment.
HABHRCA 2017 identified the
following six factors to be considered in
making the determination of a ‘‘HAB or
hypoxia event of national significance:’’
the toxicity of the harmful algal bloom;
the severity of the hypoxia; its potential
to spread; the economic impact; the
relative size in relation to the past five
occurrences of harmful algal blooms or
hypoxia events that occur on a recurrent
or annual basis; and the geographic
scope, including the potential to affect
several municipalities, to affect more
than one state, or to cross an
international boundary.
IV. Solicitation of Public Comments
The EPA is soliciting public
comments regarding the factors
provided by the amendments for the
EPA to determine a HAB or Hypoxia
Event of National Significance in
freshwater systems. The EPA requests
separate comment on the application of
those factors for HAB and hypoxia
events as it is likely that the factors
would be considered differently for the
different types of events. Specifically,
the EPA is soliciting public comments
on how to define, quantify, and weigh
the following statutory parameters:
A. Toxicity of the harmful algal
bloom—What metrics should the EPA
use to assess toxicity in determining
national significance? For example,
should the EPA consider reports of
human or animal illnesses or deaths, or
adverse effects on aquatic life? Are there
other relevant metrics the EPA should
consider? Should the toxicity of the
event be considered differently based on
its frequency and duration?
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B. Severity of hypoxia—What metrics
should the EPA use to determine
whether the severity of a hypoxic event
makes it nationally significant? For
example, should the severity of the
event include consideration of human
health, economic, and environmental
impacts? Are there other relevant
metrics the EPA should consider?
C. Potential to spread—What metrics
should the EPA use in determining
whether the potential for the spread of
a HAB or hypoxia event makes it
nationally significant? For example,
should historical information be used to
inform a decision on the potential for a
HAB or hypoxia event to spread? Are
there other relevant metrics the EPA
should consider?
D. Economic impact—What metrics
should the EPA use for economic
impact in determining national
significance? For example, should
economic status (i.e., make-up of the
state, local, and tribal government
economy and its reliance on the affected
waterway for tourism or drinking water)
be considered when determining the
national significance of an event? If so,
how should economic status be
considered? Are there other relevant
metrics the EPA should consider?
E. Relative size of an event in relation
to the past 5 occurrences of HABs or
hypoxia events that occur on a recurrent
or annual basis—What metrics should
the EPA use for recurrence in
determining national significance, and
specifically whether the size and scope
of an event or occurrence is significant
relative to past events? For example,
should the EPA assign a specific
number of years, seasons, or months
between events in considering national
significance? Are there other relevant
metrics the EPA should consider?
F. Geographic scope, including the
potential to affect several
municipalities, to affect more than one
state, or to cross an international
boundary—What metrics should the
EPA use in determining whether the
geographic scope of a HAB or hypoxia
event is nationally significant? For
example, for an event that has or might
impact more than one state should the
EPA make a single determination for
that event applicable to all states
impacted including those states that
may be impacted by expansion,
movement, or intensification of the
event? Should the EPA limit its
consideration of national significance to
the area requested by a state based on
the then-current location and
geographic extent of the event?
The EPA is also requesting comments
on whether the Agency should consider
developing additional criteria and
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Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices
whether to establish specific procedures
for making such determinations. For
example:
A. Should the EPA consider the
state’s access to critical resources
(human, financial, and infrastructure) in
determining national significance? For
example, does the state have access to
technical expertise, necessary supplies/
equipment, and alternate sources of
water? If the EPA considers such access,
what metrics should the EPA use to
measure the capacity of state and local
or tribal governments to address the
bloom event?
B. Should the EPA consider certain
factors when an event impacts or
threatens drinking water sources or
finished drinking water? How should
duration, magnitude, frequency, extent,
and toxicity of HAB impacts on
drinking water supplies be considered
in determining events of national
significance?
C. Should the EPA consider certain
factors when an event has impacts on or
threatens recreational waters? How
should these impacts be weighed in
determining national significance?
D. Should a determination of national
significance be made only if funding has
been appropriated to the agencies? If
two or more states request
determinations, and the determinations
of national significance would
otherwise qualify each state for funding
consistent with the factors considered in
making the determination, but only
limited funds are available, how should
amounts be distributed? Should the
funding be equally proportioned or
distributed according to some sort of a
relative rank or score derived from a
weighting of factors considered in the
determination of national significance?
E. What information should an
impacted state provide to the EPA when
requesting a determination of a
freshwater event of national significance
or a request to make sums available to
the impacted state or local government
to assess and mitigate an event of
national significance?
F. Should the EPA consider whether
a state or local government that requests
a determination that a HAB or hypoxia
is an event of national significance
concurrently requests other Federal
relief for the same event or occurrence?
If so, how should the EPA prioritize
funding, for example, based on
consideration of a particular factor or
multiple factors?
G. Should the EPA require that an
affected state or local government
request a determination of a freshwater
event of national significance within
certain timeframes with respect to the
start or end of the event or occurrence?
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H. Other than funds, what tools and
methods should the EPA make available
after a determination of a freshwater
event of national significance is made?
contact Ann-Marie Gantner at least 10
days prior to the meeting to give EPA as
much time as possible to process your
request.
Dated: September 6, 2019.
David P. Ross,
Assistant Administrator, Office of Water.
Dated: August 15, 2019.
Ann-Marie Gantner,
Program Analyst.
[FR Doc. 2019–19985 Filed 9–13–19; 8:45 am]
[FR Doc. 2019–19983 Filed 9–13–19; 8:45 am]
BILLING CODE 6560–50–P
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9998–92–OMS]
[EPA–HQ–OW–2019–0174; FRL 9999–82–
OW]
Good Neighbor Environmental Board
Environmental Protection
Agency (EPA).
ACTION: Notice of Public Federal
Advisory Committee Teleconference.
AGENCY:
Pursuant to the Federal
Advisory Committee Act, Public Law
92–463, notice is hereby given that the
Good Neighbor Environmental Board
(Board) will hold a public
teleconference on September 19, 2019
from 12:00 p.m.–4:00 p.m. Eastern
Daylight Time. Due to unforeseen
administrative circumstances, EPA is
announcing this teleconference with
less than 15 calendar days’ notice. For
further information regarding the
teleconference and background
materials, please contact Ann-Marie
Gantner at the number and email
provided below.
Background: The Good Neighbor
Environmental Board is a federal
advisory committee chartered under the
Federal Advisory Committee Act, Public
Law 92–463. By statute, the Board is
required to submit an annual report to
the President on environmental and
infrastructure issues along the U.S.
border with Mexico.
Purpose of Meeting: The purpose of
this teleconference is to discuss and
approve the Board’s Nineteenth Report
to the President, which focuses on
energy infrastructure along the U.S.Mexico border.
General Information: The agenda and
teleconference materials, as well as
general information about the Board,
can be found at https://www2.epa.gov/
faca/gneb. If you wish to make oral
comments or submit written comments
to the Board, please contact Ann-Marie
Gantner at least five days prior to the
teleconference.
Meeting Access: For information on
access or services for individuals with
disabilities, please contact Ann-Marie
Gantner at (202) 564–4330 or email at
gantner.ann-marie@epa.gov. To request
accommodation of a disability, please
SUMMARY:
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Draft National Water Reuse Action Plan
Environmental Protection
Agency (EPA).
ACTION: Notice of availability; request
for comments.
AGENCY:
The Environmental Protection
Agency (EPA) is requesting public
comment on a draft National Water
Reuse Action Plan. This draft Action
Plan seeks to foster greater
consideration of water reuse across the
water sector, such as agriculture,
industry, potable water and more. Safe
and reliable water supplies for human
consumption, agriculture, business,
industry, recreation, and healthy
ecosystems are critical to our Nation’s
communities and economy. The draft
Action Plan describes how agriculture,
industry, and communities have
demonstrated the value of reusing
water, largely in response to various
forms of water crises such as drought or
source water contamination. Water
reuse can improve the security,
sustainability, and resilience of our
Nation’s water resources, especially
when considered at the watershed or
basin scale, through integrated and
collaborative water resource planning.
To accelerate the consideration of
water reuse approaches and build on
existing science, research, policy,
technology, and both national and
international experiences, the EPA has
facilitated development of this draft
National Water Reuse Action Plan
across the water sector and with federal,
state, and tribal partners. The draft
Action Plan is intended to seek
commitments and drive action across
the various stakeholder groups and the
Nation. The plan consists of 46
proposed actions that support
consideration and implementation of
water reuse applications across ten
strategic objectives.
This action is part of a larger effort by
the Administration to better coordinate
and focus taxpayer resources on some of
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Notices]
[Pages 48610-48612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19985]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2019-0463; FRL 9999-83-OW]
Notice of Intent To Develop a Policy on the Determination of a
Harmful Algal Bloom (HAB) and Hypoxia as an Event of National
Significance in Freshwater Systems
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is requesting public
comment to inform the development of an Agency policy for determining
if a harmful algal bloom (HAB) or hypoxia event in freshwater is an
``event of national significance.'' Recent amendments to the Harmful
Algal Bloom and Hypoxia Research and Control Act (HABHRCA), provide the
EPA with the statutory authority to make such a determination in the
case of a freshwater HAB or hypoxia event. Public comments are intended
to inform the development of a policy for the EPA to make such
determinations, specifically for events in freshwater. A federal
determination that such an occurrence is an event of national
significance enables mobilization of federal resources to assess and
mitigate its detrimental effects, subject to the availability of
appropriations. The EPA requests input on what the Agency should
specifically consider for determining a ``HAB or Hypoxia event of
national significance'' in freshwater, and related factors in order to
inform development of a draft EPA policy. On July 25, 2019, the
National Oceanic and Atmospheric Administration (NOAA) issued a
separate notice to solicit comments on HAB or hypoxia events of
national significance in marine and coastal waters.
DATES: Comments must be received on or before October 31, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
0463 to the Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or withdrawn. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT: Dr. Lesley V. D'Anglada, Health and
Ecological Criteria Division, Office of Water (Mail Code 4304T),
Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460; telephone number: (202) 566-1125; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
How can I get copies of this document and other related information?
1. Docket. The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-0463. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Water Docket in the EPA Docket Center, (EPA/DC) EPA West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Water Docket is (202) 566-2426.
2. Electronic Access. You may access this Federal Register document
electronically from the Government Printing Office under the ``Federal
Register'' listings FDsys (https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR).
II. What are harmful algal blooms (HABs) and hypoxia and why is the EPA
concerned about them?
Harmful algal blooms (HABs) are caused by certain types of
photosynthetic organisms that under certain conditions form large
accumulations of algae that can adversely affect human health and the
environment and can cause local economic losses. In freshwater,
cyanobacteria are the major HABs-forming taxon. Cyanobacteria are
microorganisms that can produce harmful cyanotoxins that, if ingested
in sufficient amounts, can kill fish, shellfish, livestock, wildlife,
and adversely impact human health. Algal blooms, both those that
produce cyanotoxins and those that do not, can also harm aquatic
environments by depleting oxygen needed to sustain freshwater aquatic
life. HABs can negatively impact drinking water systems, recreation,
commercial and recreational fishing, property values and public health.
Recent notable drinking water cyanotoxin-related events include the
2018 HAB event in Detroit Lake, Oregon, that resulted in do not drink
advisories in the City of Salem, and the 2014 HAB event on Lake Erie
that resulted in do not drink advisories in the City of Toledo. In
2016, a cyanobacteria bloom in Lake Okeechobee traveled into St. Lucie
Estuary, resulting in the largest cyanobacterial bloom reported in the
state of Florida in ten years. The bloom
[[Page 48611]]
in the St. Lucie River resulted in beach closures and economic losses.
Hypoxia is a condition where the concentration of dissolved oxygen
(DO) in a portion of the water column decreases to a level that can no
longer support aquatic life, typically less than 2-3 milligrams DO per
liter. A variety of factors cause low or zero oxygen conditions in
waterbodies, including nitrogen and phosphorus pollution, and waterbody
stratification, or layering, due to temperature gradients. Low
dissolved oxygen conditions are a serious environmental concern that
can impact valuable fisheries and disrupt sensitive ecosystems. In
freshwater lakes, hypoxia in deeper waters coupled with warm shallow
waters can severely limit the habitat available for fish species, such
as trout. Exposure to hypoxia can cause adverse effects to aquatic
life, such as reduced growth and reproduction. For more details on
HABs, please refer to this site: https://www.epa.gov/cyanohabs, and for
more information on Hypoxia, please refer to this site: https://www.epa.gov/ms-htf/hypoxia-101.
III. Information on the Harmful Algal Bloom and Hypoxia Research and
Control Act
In 1998, Congress recognized the severity of these threats and
passed the Harmful Algal Bloom and Hypoxia Research and Control Act
(HABHRCA 1998, Pub. L. 105-383). The Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2004 (HABHRCA 2004, Pub. L. 108-
456) and 2014 (HABHRCA 2014, Pub. L. 113-124) reaffirmed and expanded
the mandate for NOAA to advance the scientific understanding and
ability to detect, monitor, assess, and predict HAB and hypoxia events.
Congress most recently reauthorized and amended HABHRCA through the
National Integrated Drought Information System Reauthorization Act of
2018 (Pub. L. 115-423, Sec. 9). This most recent reauthorization and
amendment of HABHRCA is referred to as the Harmful Algal Bloom and
Hypoxia Research and Control Amendments Act of 2017 (HABHRCA 2017).
HABHRCA 2017 provides NOAA and EPA with authority to make a
determination of a ``HAB or hypoxia event of national significance,''
for marine or coastal events or freshwater events, respectively, either
in the discretion of the Agency head or at the request of a Governor of
an affected state (33 U.S.C. 4010). Following such a determination,
federal officials may ``make sums available to the affected State or
local government for the purposes of assessing and mitigating the
detrimental environmental, economic, subsistence use, and public health
effects of the event of national significance.'' Funds would be subject
to the availability of appropriations, though either of the respective
agencies may accept donations of funds, services, facilities,
materials, or equipment determined necessary for the purpose of
assessing and mitigating the detrimental effects, and donated funds may
be expended without further appropriation and without fiscal year
limitation. As directed under HABHRCA 2017, EPA, in coordination with
NOAA, intends to develop a policy for determining a HAB or Hypoxia
occurrence as an ``event of national significance'' in freshwater
systems in the United States. NOAA issued a separate notice to solicit
comments on marine and coastal hypoxia or HAB events in 84 FR 35854 on
July 25, 2019. After consideration of comments on this notice, the EPA
anticipates developing a draft policy for which the Agency would
solicit further comment.
HABHRCA 2017 identified the following six factors to be considered
in making the determination of a ``HAB or hypoxia event of national
significance:'' the toxicity of the harmful algal bloom; the severity
of the hypoxia; its potential to spread; the economic impact; the
relative size in relation to the past five occurrences of harmful algal
blooms or hypoxia events that occur on a recurrent or annual basis; and
the geographic scope, including the potential to affect several
municipalities, to affect more than one state, or to cross an
international boundary.
IV. Solicitation of Public Comments
The EPA is soliciting public comments regarding the factors
provided by the amendments for the EPA to determine a HAB or Hypoxia
Event of National Significance in freshwater systems. The EPA requests
separate comment on the application of those factors for HAB and
hypoxia events as it is likely that the factors would be considered
differently for the different types of events. Specifically, the EPA is
soliciting public comments on how to define, quantify, and weigh the
following statutory parameters:
A. Toxicity of the harmful algal bloom--What metrics should the EPA
use to assess toxicity in determining national significance? For
example, should the EPA consider reports of human or animal illnesses
or deaths, or adverse effects on aquatic life? Are there other relevant
metrics the EPA should consider? Should the toxicity of the event be
considered differently based on its frequency and duration?
B. Severity of hypoxia--What metrics should the EPA use to
determine whether the severity of a hypoxic event makes it nationally
significant? For example, should the severity of the event include
consideration of human health, economic, and environmental impacts? Are
there other relevant metrics the EPA should consider?
C. Potential to spread--What metrics should the EPA use in
determining whether the potential for the spread of a HAB or hypoxia
event makes it nationally significant? For example, should historical
information be used to inform a decision on the potential for a HAB or
hypoxia event to spread? Are there other relevant metrics the EPA
should consider?
D. Economic impact--What metrics should the EPA use for economic
impact in determining national significance? For example, should
economic status (i.e., make-up of the state, local, and tribal
government economy and its reliance on the affected waterway for
tourism or drinking water) be considered when determining the national
significance of an event? If so, how should economic status be
considered? Are there other relevant metrics the EPA should consider?
E. Relative size of an event in relation to the past 5 occurrences
of HABs or hypoxia events that occur on a recurrent or annual basis--
What metrics should the EPA use for recurrence in determining national
significance, and specifically whether the size and scope of an event
or occurrence is significant relative to past events? For example,
should the EPA assign a specific number of years, seasons, or months
between events in considering national significance? Are there other
relevant metrics the EPA should consider?
F. Geographic scope, including the potential to affect several
municipalities, to affect more than one state, or to cross an
international boundary--What metrics should the EPA use in determining
whether the geographic scope of a HAB or hypoxia event is nationally
significant? For example, for an event that has or might impact more
than one state should the EPA make a single determination for that
event applicable to all states impacted including those states that may
be impacted by expansion, movement, or intensification of the event?
Should the EPA limit its consideration of national significance to the
area requested by a state based on the then-current location and
geographic extent of the event?
The EPA is also requesting comments on whether the Agency should
consider developing additional criteria and
[[Page 48612]]
whether to establish specific procedures for making such
determinations. For example:
A. Should the EPA consider the state's access to critical resources
(human, financial, and infrastructure) in determining national
significance? For example, does the state have access to technical
expertise, necessary supplies/equipment, and alternate sources of
water? If the EPA considers such access, what metrics should the EPA
use to measure the capacity of state and local or tribal governments to
address the bloom event?
B. Should the EPA consider certain factors when an event impacts or
threatens drinking water sources or finished drinking water? How should
duration, magnitude, frequency, extent, and toxicity of HAB impacts on
drinking water supplies be considered in determining events of national
significance?
C. Should the EPA consider certain factors when an event has
impacts on or threatens recreational waters? How should these impacts
be weighed in determining national significance?
D. Should a determination of national significance be made only if
funding has been appropriated to the agencies? If two or more states
request determinations, and the determinations of national significance
would otherwise qualify each state for funding consistent with the
factors considered in making the determination, but only limited funds
are available, how should amounts be distributed? Should the funding be
equally proportioned or distributed according to some sort of a
relative rank or score derived from a weighting of factors considered
in the determination of national significance?
E. What information should an impacted state provide to the EPA
when requesting a determination of a freshwater event of national
significance or a request to make sums available to the impacted state
or local government to assess and mitigate an event of national
significance?
F. Should the EPA consider whether a state or local government that
requests a determination that a HAB or hypoxia is an event of national
significance concurrently requests other Federal relief for the same
event or occurrence? If so, how should the EPA prioritize funding, for
example, based on consideration of a particular factor or multiple
factors?
G. Should the EPA require that an affected state or local
government request a determination of a freshwater event of national
significance within certain timeframes with respect to the start or end
of the event or occurrence?
H. Other than funds, what tools and methods should the EPA make
available after a determination of a freshwater event of national
significance is made?
Dated: September 6, 2019.
David P. Ross,
Assistant Administrator, Office of Water.
[FR Doc. 2019-19985 Filed 9-13-19; 8:45 am]
BILLING CODE 6560-50-P
