National Primary Drinking Water Regulations: Minor Corrections
and Clarification to Drinking Water Regulations; National Primary
Drinking Water Regulations for Lead and Copper
[Federal Register: June 29, 2004 (Volume 69, Number 124)]
[Rules and Regulations]
[Page 38850-38857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn04-19]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 141 and 142
[OW-2003-0066; FRL-7779-4]
RIN 2040-AE58
National Primary Drinking Water Regulations: Minor Corrections
and Clarification to Drinking Water Regulations; National Primary
Drinking Water Regulations for Lead and Copper
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This rule makes minor changes to clarify and correct EPA's
Drinking Water regulations. This rule clarifies typographical errors,
inadvertent omissions, editorial errors, and outdated language in the
final Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), the
Surface Water Treatment Rule, and other rules. In addition to these
clarifications, EPA is adding optional monitoring for disinfection
profiling and an earlier compliance date for some requirements in the
LT1ESWTR, and a detection limit for the Uranium Methods.
Also, EPA is reinstating text that was inadvertently dropped from
the Lead and Copper Rule which listed the facilities that must be sent
public education brochures by a public water system that has exceeded
the action level for lead or copper.
DATES: This final rule is effective on July 29, 2004, except for the
amendment to Sec. 141.85(c)(2)(iii) which is effective June 29, 2004.
For purposes of judicial review, this final rule is promulgated as of 1
p.m., eastern time on July 13, 2004, as provided in 40 CFR 23.7.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. OW-2003-0066. All documents in the docket are listed in the EDOCKET
index at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the Water Docket, EPA/DC, EPA West, Room B102, 1301
Constitution Avenue, NW., Washington DC. The 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. If you would like to schedule an appointment for access to
docket material, please call (202) 566-2426.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
Safe Drinking Water Hotline, telephone (800) 426-4791. The Safe
Drinking Water Hotline is open Monday through Friday, excluding legal
holidays, from 9 a.m. to 5:30 p.m., eastern time. For technical
inquiries, contact Tracy Bone, Office of Ground Water and Drinking
Water, U. S. Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460; telephone: (202) 564-5257; fax: (202) 564-
3767; e-mail address: bone.tracy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
Entities potentially regulated by this action are public water
systems (PWS). The following table provides examples of the regulated
entities under this rule. A public water system, as defined by section
1401 of the Safe Drinking Water Act (SDWA), is ``a system for the
provision to the public of water for human consumption through pipes or
other constructed conveyances, if such system has at least fifteen
service connections or regularly serves at least twenty-five
individuals.'' EPA defines ``regularly served'' as receiving water from
the system 60 or more days per year. Categories and entities
potentially regulated by this action include the following:
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Examples of potentially regulated
Category entities
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State, Tribal and Local Government State, tribal or local government-
owned/operated water supply systems
using ground water, surface water
or mixed ground water and surface
water.
Federal Government................ Federally owned/operated community
water supply systems using ground
water, surface water or mixed
ground water and surface water.
Industry.......................... Privately owned/operated community
water supply systems using ground
water, surface water or mixed
ground water and surface water.
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[[Page 38851]]
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility is regulated by this action, you should carefully examine
the applicability criteria in Sec. Sec. 141.2 and 141.3 of title 40 of
the Code of Federal Regulations. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
II. Changes and Clarifications
EPA is promulgating today, all of the changes and clarifications
proposed on March 2, 2004 (69 FR 9781), with the exception of two
proposed clarifications discussed in section F concerning calibration
of turbiditimeters. Each clarification and change promulgated today is
discussed under the heading of the drinking water rule that it amends
(e.g., LT1ESWTR). EPA is also promulgating today an additional
clarification, which was not in the March 2, 2004, Minor Corrections
and Clarification to Drinking Water Regulations proposal. This
clarification is discussed in section III.
In addition to clarifications of typographical and editorial
errors, EPA is revising the LT1ESWTR to add optional monitoring for
disinfection profiling and an earlier compliance date for some
requirements in that rule. EPA is also promulgating a detection limit
for the uranium methods. These three changes are discussed first.
A. LT1ESWTR Compliance Date Change and Optional Monitoring for
Disinfection Profiling
The final LT1ESWTR was published on January 14, 2002 (67 FR 1812).
In Sec. 141.502 of the LT1ESWTR, EPA directed PWSs to ``comply with
these requirements in this subpart beginning January 14, 2005, except
where otherwise noted.'' Today's rule changes the compliance date from
January 14, 2005, to January 1, 2005, in Sec. 141.502 as well as in
endnote 8 of Subpart Q, Appendix B. EPA's reasons for moving the
compliance date forward by two weeks are set forth in the preamble to
the proposed rule at 69 FR 9782.
EPA is also changing the compliance date in two additional
sections, Sec. Sec. 141.73(a)(4) and 141.170(d), which reference the
January 14, 2005, date. These two citations should have been included
in the March 2, 2004, proposal.
By changing Sec. 141.502, the following 12 requirements will have
a compliance deadline of January 1, 2005, instead of January 14, 2005:
Sec. Sec. 141.520, 141.521, 141.522, 141.550, 141.551, 141.552,
141.553, 141.560, 141.561, 141.562, 141.563, and 141.564. July 1, 2003
(or January 1, 2004, for systems serving fewer than 500 persons),
remains the compliance date for Sec. Sec. 141.530-141.536. March 15,
2002, remains the compliance date for Sec. 141.511.
In addition to changing the compliance date, EPA is adding a
sentence to Sec. 141.531 to clarify that States may approve a more
representative total trihalomethanes (TTHM) and haloacetic acids (five)
(HAA5) data set (optional monitoring) to avoid the disinfection profile
monitoring required in Sec. 141.530. EPA's intent was to allow this
flexibility in the final LT1ESWTR rule (67 FR 1820, January 14, 2002).
EPA had failed to make this flexibility explicit in that regulation.
B. Detection Limit for Compliance Monitoring of Uranium
The December 7, 2000, final Radionuclides Rule (65 FR 76708)
included a detection limit for gross alpha, radium-226 and radium-228,
and reserved a place for a uranium detection limit in Table B at Sec.
141.25(c)(1). In today's action, EPA is amending Table B at Sec.
141.25(c)(1) to add a detection limit of 1 [mu]g/L for uranium.
Establishing a uranium detection limit permits States the flexibility
to substantially reduce the number of compliance samples and the
frequency of repeat monitoring for uranium.
C. Radionuclide Rule Clarifications
In addition to amending the detection limit for uranium, EPA is
making two clarifications to the final Radionuclide Rule (December 7,
2000, 65 FR 76708). In Sec. 141.26(b)(2)(iv), EPA is adding
``screening level'' to the first sentence. (Note also, that the second
``beta'' in this sentence is a typographical error, and under today's
rule is being removed.) Similarly, EPA is clarifying in Sec.
141.26(b)(5), that there are two screening levels by adding the word
``appropriate'' to the first sentence so that it reads ``* * * exceeds
the appropriate screening level * * *.'' In addition, in the text that
proposed to revise Sec. 141.26(b)(5), we inadvertently referenced a
nonexistent Table E, ``or Table E in 141.66(d)''--this reference is
deleted in this final rule.
In Sec. 141.26(b)(6), EPA is revising the citation ``(b)(1)(ii)''
to read ``(b)(1)(i),'' and is revising citation ``(b)(2)(i)'' to read
``(b)(2)(iv).'' These were typographical errors and should have been
(b)(1)(i) and (b)(2)(iv), which refer to meeting the screening level
requirements until the system meets the requirements for reduced
monitoring.
D. LT1ESWTR Clarifications
In addition to changing the date in Sec. 141.502 to reduce
monitoring burden as well as to allow States to approve alternative
data sets for optional monitoring in Sec. 141.531, EPA is clarifying
typographical errors in the final LT1ESWTR. In Subpart Q Appendix B, in
endnotes 4 and 8, the year of publication for the Long Term 1 Enhanced
Surface Water Treatment Rule is incorrectly identified as 2001 when it
should be 2002. Also in endnote 4, the word ``monthly'' is misspelled.
In Sec. 141.530 EPA is removing the grammatically incorrect, plural
``s'' from ``systems'' in the sentence ``If you are a subpart H
community or non-transient non-community water systems which serves
fewer * * *''.
Two typographical errors are being corrected in Sec. 141.534. In
the introductory paragraph for Sec. 141.534, EPA inadvertently omitted
a reference to Sec. 141.74(b)(3)(v), which provides tables for
determining the appropriate CT99.9 value to calculate the inactivation
ratio. EPA is changing the introductory paragraph of Sec. 141.534 to:
``Use the tables in Sec. 141.74(b)(3)(v) to determine the appropriate
CT99.9 value. Calculate the total inactivation ratio as follows, and
multiply the value by 3.0 to determine log inactivation of Giardia
lamblia:''
In the table in Sec. 141.534(a)(2), EPA is changing the ``3'' to
``[Sigma]'' in the CT calculation formula. EPA inadvertently changed
the ``[Sigma]'' to a ``3'' during a text file conversion.
In Sec. 141.551(a)(2), EPA is adding a ``t'' to the ``no'' in ``A
value determined by the State (no to exceed 1 NTU) * * *''. In Sec.
141.551(b)(2), EPA is adding the word ``Filtration'' to the phrase
``All other `Alternative' '' so that it matches related language in
Sec. 141.551(a)(2).
EPA is deleting the last sentence in the second column in the table
in Sec. 141.563(b), because it is redundant. Also in the same table in
Sec. 141.563(c), the first column contains a typographical error. The
acronym ``BTU'' will read ``NTU'' (Nephelometric Turbidity Units).
In the table in Sec. 141.570(b)(2), EPA is adding the phrase:
``and the cause (if known) for the exceedance(s)'' to the description
of information to report under Sec. 141.570(b)(2). As a result, the
entire paragraph will read: ``The filter
[[Page 38852]]
number(s), corresponding date(s), and the turbidity value(s) which
exceeded 1.0 NTU during the month, and the cause (if known) for the
exceedance(s), but only if 2 consecutive measurements exceeded 1.0
NTU.''
This action redesignates the LT1ESWTR special primacy text as Sec.
142.16(p). In addition, EPA is revising a citation in Sec. 142.16
(p)(2)(ii) to ``141.536'' to read ``141.535.'' This was a typographical
error and should have been ``141.535,'' which refers to calculating
inactivation.
E. Stage 1 Disinfectants and Disinfection Byproducts Rule
The Stage 1 Disinfectants and Disinfection Byproducts Rule was
promulgated on December 16, 1998 (63 FR 69390). This rule required
systems to measure and report, among other things, violations of
maximum residual disinfectant levels (MRDLs), see Sec.
141.134(c)(1)(iv) (see 63 FR 69422 and 69472). However, EPA failed to
add compliance with the applicable MRDL to the compliance requirements
in Sec. 141.133(a)(3). EPA is correcting this, and the language in
Sec. 141.133(a)(3) now reads ``If, during the first year of monitoring
under Sec. 141.132, any individual quarter's average will cause the
running annual average of that system to exceed the MCL for total
trihalomethanes, haloacetic acids (five), or bromate; or the MRDL for
chlorine or chloramine, the system is out of compliance at the end of
that quarter.'' The burden for this requirement was already accounted
for in the approved Information Collection Request No. 1895.02.
Also, in the final Stage 1 Disinfectants and Disinfection
Byproducts Rule, EPA incorrectly cited in Sec. 142.14(d)(12)(iv) and
Sec. 142.14(d)(13) a reference to Sec. 142.16(f). The reference for
both sections is now being revised to read Sec. 142.16(h)(2) and Sec.
142.16(h)(5) respectively.
F. Surface Water Treatment Rule
The Surface Water Treatment Rule (SWTR) was promulgated on June 29,
1989 (54 FR 27486). In that final rule, EPA incorrectly cited in Sec.
141.74(b)(4)(ii) a reference to Sec. 142.72(a). This citation is being
corrected to read Sec. 141.72(a).
Today's rule does not include the proposed clarifications (March 2,
2004, 69 FR 9784) concerning the calibration of turbiditimeters in
Sec. 141.174(a) (Interim Enhanced Surface Water Treatment Rule
(IESWTR)) and in Sec. 141.560(b) (LT1ESWTR). EPA is deferring a
decision on this clarification until additional information provided in
a public comment can be evaluated.
EPA is changing all citations to Sec. 141.74(a)(3) or (4) to Sec.
141.74(a)(1), and all citations to Sec. 141.74(a)(5) to Sec.
141.74(a)(2) to reflect revisions to the SWTR as described in the
proposal.
Table 1.--References to the Surface Water Treatment Rule
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SWTR provisions with incorrect cross
references Amendment
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141.71(a)(2).......................... ``(a)(4)'' to (a)(1)
141.71(c)(2)(i)....................... ``(a)(4)'' to (a)(1)
141.72(a)(3).......................... ``(a)(5)'' to (a)(2)
141.72(a)(4)(i)....................... ``(a)(3)'' to (a)(1) and
``(a)(5)'' to (a)(2)
141.72(a)(4)(ii)...................... ``(a)(3)'' to (a)(1)
141.72(b)(2),......................... ``(a)(5)'' to (a)(2)
141.72(b)(3)(i)....................... ``(a)(5)'' to (a)(2) and,
``(a)(3)'' to (a)(1)
141.72(b)(3)(ii)...................... ``(a)(3)'' to (a)(1)
141.73(a)(1).......................... ``(a)(4)'' to (a)(1)
141.73(a)(2).......................... ``(a)(4)'' to (a)(1)
141.73(b)(1).......................... ``(a)(4)'' to (a)(1)
141.73(b)(2).......................... ``(a)(4)'' to (a)(1)
141.73(c)(1).......................... ``(a)(4)'' to (a)(1)
141.73(c)(2).......................... ``(a)(4)'' to (a)(1)
141.74(b)(6)(ii)...................... ``(a)(3)'' to (a)(1)
141.74(c)(3)(i)....................... ``(a)(3)'' to (a)(1)
141.74(c)(3)(ii)...................... ``(a)(3)'' to (a)(1)
141.75(a)(2)(viii)(G)................. ``(a)(3)'' to (a)(1)
141.75(b)(2)(iii)(G).................. ``(a)(3)'' to (a)(1)
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G. Filter Backwash Recycling Rule
The Filter Backwash Recycling Rule (FBRR) was promulgated on June
8, 2001 (66 FR 31086). EPA inadvertently provided incomplete citations
in subpart Q, Appendix A of the Public Notification rule for the FBRR
violations. In entry I.A.(8) of 40 CFR part 141, subpart Q, Appendix A,
EPA is adding a ``(c)'' to the ``MCL/MRDL/TT violations Citation''
column of Sec. 141.76; and, in the ``Monitoring & testing procedure
violations Citation'' column EPA has added ``(b), (d)'' to Sec. 141.76.
The FBRR preamble (66 FR 31086, 31094) explicitly states that
violations of the recordkeeping and reporting portions of this
treatment technique trigger public notification (PN) obligations under
40 CFR part 141, subpart Q. EPA is clarifying the PN rule by striking
the reference to reporting violations in Appendix A, endnote 1, and
explicitly adding Sec. Sec. 141.76(b), (c) and (d) to the list of
categories requiring reporting in Appendix A (previous reference was to
the entire Sec. 141.76).
H. Bottled Water
In a November 1995 final rule (60 FR 57132), the Food and Drug
Administration (FDA) moved their standards of quality for bottled water
from 21 CFR 103.35 to 21 CFR 165.110. EPA is correcting a reference in
our regulations in Sec. 142.62(g)(2) to reflect the updated citation
of these FDA regulations.
I. Information Collection Rule
The Information Collection Rule (ICR) was promulgated on May 14,
1996 (61 FR 24354). The requirements promulgated in the ICR expired on
December 31, 2000. As a result, the ICR requirements (referred to as
subpart M--Information Collection Requirements (ICRs) for Public Water
Systems) were removed from the Code of Federal Regulations in 2001.
However, there were remaining references to the data collected as a
result of the ICR in other sections of part 141 that refer to ``subpart
M.'' EPA is deleting the phrase ``or subpart M of this part'' from
Sec. 141.132(a)(5). EPA is not deleting or revising the other
references to subpart M because the data collected under the ICR are
still being used.
J. Phase V Rule
In the final Phase V Rule (July 17, 1992, 57 FR 31776), EPA
published a list of Best Available Technologies (BATs) for cyanide, see
Sec. 141.62(c). EPA is making the list more specific as to the type of
chlorination (``alkaline chlorination'').
III. Correction in the Lead and Copper Rule Public Education Requirement
In this final version of the rule, EPA is reinstating the list of
the facilities that must be sent public education brochures by a public
water system that has exceeded the action level for lead or copper.
This list was included in the final Lead and Copper Rule, in Sec.
141.85(c)(2)(iii) (June 7, 1991, 56 FR 26460; 26555) and published in
the Code of Federal Regulations (CFR) from 1991 to 1999. However, a
technical drafting error in the way in which EPA drafted its language
of amendment for revisions to the LCR in 2000 caused the Office of
Federal Register to delete this text from the 2001 edition of the CFR
(January 12, 2000, 65 FR 1950, 2007). Thus, the current CFR text
contains only a requirement to deliver public education materials ``to
facilities and organizations, including the following:'' with no text
following the colon. To remedy this, EPA is reinstating the missing
text, specifically subparagraphs (A) through (G). Section
141.85(c)(2)(iii) will once again read as follows:
(iii) Deliver pamphlets and/or brochures that contain the public
education materials in paragraphs (a)(1)(ii) and (a)(1)(iv) of this
section to
[[Page 38853]]
facilities and organizations, including the following:
(A) Public schools, and/or local school boards;
(B) City or county health department;
(C) Women, Infants, and Children and/or Head Start Program(s)
whenever available;
(D) Public and private hospitals and/or clinics;
(E) Pediatricians;
(F) Family planning clinics; and
(G) Local welfare agencies.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the agency may issue a rule without providing
prior notice and an opportunity for public comment. EPA is reinstating
the list of facilities that must be sent public education brochures by
a public water system that has exceeded the action level for lead or
copper. EPA has determined that there is ``good cause'' for making this
rule change final without prior proposal and opportunity for comment
because this list was the product of a prior notice-and-comment
rulemaking, see (June 7, 1991, 56 FR 26502), it had appeared in the CFR
for several years, the deletion was due solely to a technical drafting
error in a subsequent rule, and the list is not controversial. Thus,
additional notice and public comment is not necessary. EPA finds that
this constitutes ``good cause'' under 5 U.S.C. 553(b)(B). For the same
reasons, EPA is making this rule change effective upon publication. 5
U.S.C. 553(d)(3).
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This action modifies and clarifies existing regulations. It does not
add monitoring, recordkeeping or reporting requirements.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small government jurisdictions.
Small entities are defined as: (1) A small business as defined by
the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any ``not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.'' However, the RFA also
authorizes an agency to use alternative definitions for each category
of small entity, ``which are appropriate to the activities of the
agency'' after proposing the alternative definition(s) in the Federal
Register and taking comment. 5 U.S.C. 601(3)-(5). In addition, to
establish an alternative small business definition, agencies must
consult with SBA's Chief Counsel for Advocacy.
For purposes of assessing the impacts of today's rule on small
entities, EPA considered small entities to be public water systems
serving 10,000 or fewer persons. This is the cut-off level specified by
Congress in the 1996 Amendments to the Safe Drinking Water Act for
small system flexibility provisions. As required by the RFA
requirements, EPA proposed using this alternative definition in the
Federal Register, (63 FR 7620, February 13, 1998), requested public
comment, consulted with the Small Business Administration (SBA), and
finalized in the alternative definition in the Consumer Confidence
Reports regulation (63 FR 44511, August 19, 1998). As stated in that
final rule, the alternative definition would be applied to this
regulation as well.
The optional monitoring for disinfection profiling provides
flexibility for PWSs complying with LT1ESWTR. The earlier compliance
date will not increase the cost of complying with LT1ESWTR since the
monitoring and reporting requirements are unchanged. By specifying the
detection limit for uranium, States have the flexibility to waive some
monitoring for PWSs with samples below the detection limit. This action
will not add new requirements.
This final rule imposes no cost on any entities over and above
those imposed by previously published drinking water rules. This action
corrects and clarifies existing regulations.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this final rule are public water systems
serving 10,000 or fewer persons. We have determined that no number of
small entities will experience an impact.
[[Page 38854]]
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. This final rule imposes no
enforceable duty on any State, local or tribal governments or the
private sector. This action corrects and clarifies existing
regulations. The optional monitoring for disinfection profiling
provides flexibility for PWSs to comply with LT1ESWTR. The earlier
compliance date will not increase the cost of complying with LT1ESWTR
since the monitoring and reporting requirements are unchanged. By
specifying the detection limit for uranium, EPA provides States with
the flexibility to waive some monitoring for PWSs with samples below
the detection limit. Thus, today's final rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. This action corrects and clarifies existing regulations.
Thus, today's proposed rule is not subject to the requirements of
section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have Federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. There is no cost to State and
local governments, and the final rule does not preempt State law. This
action corrects and clarifies existing regulations. The optional
monitoring for disinfection profiling provides flexibility for PWSs to
comply with LT1ESWTR. The earlier compliance date will not increase the
cost of complying with LT1ESWTR since the monitoring and reporting
requirements are unchanged. By specifying the detection limit for
uranium, States have the flexibility to waive some monitoring for PWSs
with samples below the detection limit. Thus, Executive Order 13132
does not apply to this final rule. In the spirit of Executive Order
13132, and consistent with EPA policy to promote communications between
EPA and State and local governments, EPA specifically solicited comment
on the proposed rule from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
There is no cost to tribal governments, and the rule does not preempt
tribal law. This action corrects and clarifies existing regulations.
Thus, Executive Order 13175 does not apply to this rule. Moreover, in
the spirit of Executive Order 13175, and consistent with EPA policy to
promote communications between EPA and tribal governments, EPA
specifically solicited comment on the proposed rule from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This final rule is not subject to the Executive Order because it is
not economically significant as defined in Executive Order 12866, and
because the Agency does not have reason to believe the environmental
health or safety risks addressed by this action present a
disproportionate risk to children.
[[Page 38855]]
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
As noted in the proposed rule, section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law
104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective July 29, 2004, except for the
amendment to Sec. 141.85(c)(2)(iii) which is effective June 29, 2004.
List of Subjects
40 CFR Part 141
Environmental protection, Chemicals, Indians-lands,
Intergovernmental relations, Radiation protection, Reporting and
recordkeeping requirements, Water supply.
40 CFR Part 142
Environmental protection, Administrative practice and procedure,
Chemicals, Indians-lands, Radiation protection, Reporting and
recordkeeping requirements, Water supply.
Dated: June 22, 2004.
Michael O. Leavitt,
Administrator.
? For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS
? 1. The authority citation for part 141 continues to read as follows:
Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.
Sec. 141.25 [Amended]
? 2. Section 141.25(c)(1) is amended in the entry for uranium in the
second column of Table B by removing the word ``reserve'' and adding in
it's place ``1 [mu]g/L''.
? 3. Section 141.26 is amended as follows:
? a. Revise paragraphs (b)(2)(iv) and (b)(5); and
? b. In paragraph (b)(6) remove the citation ``(b)(1)(ii)'' and add in
its place ``(b)(1)(i)'' and remove the citation ``(b)(2)(i)'' and add
in its place ``(b)(2)(iv)''.
The revisions read as follows:
Sec. 141.26 Monitoring frequency and compliance requirements for
radionuclides in community water systems.
* * * * *
(b) * * *
(2) * * *
(iv) If the gross beta particle activity minus the naturally
occurring potassium-40 beta particle activity at a sampling point has a
running annual average (computed quarterly) less than or equal to 15
pCi/L (screening level), the State may reduce the frequency of
monitoring at that sampling point to every 3 years. Systems must
collect the same type of samples required in paragraph (b)(2) of this
section during the reduced monitoring period.
* * * * *
(5) If the gross beta particle activity minus the naturally
occurring potassium-40 beta particle activity exceeds the appropriate
screening level, an analysis of the sample must be performed to
identify the major radioactive constituents present in the sample and
the appropriate doses must be calculated and summed to determine
compliance with Sec. 141.66(d)(1), using the formula in Sec.
141.66(d)(2). Doses must also be calculated and combined for measured
levels of tritium and strontium to determine compliance.
* * * * *
Sec. 141.62 [Amended]
? 4. Section 141.62(c) is amended as follows:
? a. In the Table ``BAT FOR INORGANIC COMPOUNDS LISTED IN SECTION
141.62(b)'' amend the entry for ``cyanide'' by replacing the ``10''
with ``13''; and
? b. In the list ``Key to BATS in Table 1'', add to the end of the list,
``13 = Alkaline Chlorination (pH [gteqt]
8.5)''.
Sec. 141.71 [Amended]
? 5. Section 141.71 is amended as follows:
? a. In paragraph (a)(2) introductory text remove the citation ``Sec.
141.74(a)(4)'' and add in its place ``Sec. 141.74(a)(1)'' and
? b. In paragraph (c)(2)(i) remove the citation ``Sec. 141.74(a)(4)''
and add in its place ``Sec. 141.74(a)(1)''.
Sec. 141.72 [Amended]
? 6. Section 141.72 is amended as follows:
? a. In paragraph (a)(3) remove the citation ``Sec. 141.74(a)(5)'' and
add in its place ``Sec. 141.74(a)(2)'';
? b. In paragraph (a)(4)(i) remove the citation ``Sec. 141.74(a)(5)''
and add in its place ``Sec. 141.74(a)(2)'' and remove the citation
``Sec. 141.74(a)(3)'' and add in its place ``Sec. 141.74(a)(1)'';
? c. In paragraph (a)(4)(ii) remove the citation ``Sec. 141.74(a)(3)''
and add in its place ``Sec. 141.74(a)(1)'';
? d. In paragraph (b)(2) remove the citation ``Sec. 141.74(a)(5)'' and
add in its place ``Sec. 141.74(a)(2)'';
? e. In paragraph (b)(3)(i) remove the citation ``Sec. 141.74(a)(5)''
and add in its place ``Sec. 141.74(a)(2)'', remove the citation
``Sec. 141.74(a)(3)'' and add in its place ``Sec. 141.74(a)(1)''; and
? f. In paragraph (b)(3)(ii) remove the citation ``Sec. 141.74(a)(3)''
and add in its place ``Sec. 141.74(a)(1)''.
Sec. 141.73 [Amended]
? 7. Section 141.73 is amended as follows:
? a. In paragraph (a)(1) remove both citations ``Sec. 141.74(a)(4)'' and
add in their place ``Sec. 141.74(a)(1)'';
? b. In paragraph (a)(2) remove the citation ``Sec. 141.74(a)(4)'' and
add in its place ``Sec. 141.74(a)(1)'';
? c. In paragraph (a)(4) remove the date ``January 14, 2005'' and add in
its place ``January 1, 2005'';
[[Page 38856]]
? d. In paragraph (b)(1) remove the citation ``Sec. 141.74(a)(4)'' and
add in its place ``Sec. 141.74(a)(1)'';
? e. In paragraph (b)(2) remove the citation ``Sec. 141.74(a)(4)'' and
add in its place ``Sec. 141.74(a)(1)'';
? f. In paragraph (c)(1) remove the citation ``Sec. 141.74(a)(4)'' and
add in its place ``Sec. 141.74(a)(1)''; and
? g. In paragraph (c)(2) remove the citation ``Sec. 141.74(a)(4)'' and
add in its place ``Sec. 141.74(a)(1)''.
Sec. 141.74 [Amended]
? 8. Section 141.74 is amended as follows:
? a. In paragraph (b)(4)(ii) remove the citation ``Sec. 142.72(a)'' and
add in its place ``Sec. 141.72(a)'';
? b. In paragraph (b)(6)(ii) remove the citation ``(a)(3)'' and add in
its place ``(a)(1)'';
? c. In paragraph (c)(3)(i) remove the citation ``(a)(3)'' and add in its
place ``(a)(1)''; and
? d. In paragraph (c)(3)(ii) remove the citation ``(a)(3)'' and add in
its place ``(a)(1)''.
Sec. 141.75 [Amended]
? 9. Section 141.75 is amended as follows:
? a. In paragraph (a)(2)(viii)(G) remove the citation ``Sec.
141.74(a)(3)'' and add in its place ``Sec. 141.74(a)(1)''; and
? b. In paragraph (b)(2)(iii)(G) remove the citation ``Sec.
141.74(a)(3)'' and add in its place ``Sec. 141.74(a)(1)''.
? 10. Amend Sec. 141.85 by adding paragraphs (c)(2)(iii) (A) through (G)
to read as follows:
Sec. 141.85 Public education and supplemental monitoring
requirements.
* * * * *
(c) * * *
(2) * * *
(iii) * * *
(A) Public schools, and/or local school boards;
(B) City or county health department;
(C) Women, Infants, and Children and/or Head Start Program(s)
whenever available;
(D) Public and private hospitals and/or clinics;
(E) Pediatricians;
(F) Family planning clinics; and
(G) Local welfare agencies.
* * * * *
Sec. 141.132 [Amended]
? 11. Section 141.132 is amended in paragraph (a)(5) by removing the
reference to ``or subpart M of this part''.
? 12. In Sec. 141.133 revise paragraph (a)(3) to read as follows:
Sec. 141.133 Compliance requirements.
(a) * * *
(3) If, during the first year of monitoring under Sec. 141.132,
any individual quarter's average will cause the running annual average
of that system to exceed the MCL for total trihalomethanes, haloacetic
acids (five), or bromate; or the MRDL for chlorine or chloramine, the
system is out of compliance at the end of that quarter.
* * * * *
Sec. 141.170 [Amended]
? 13. In paragraph (d) remove the date ``January 14, 2005'' and add in
its place ``January 1, 2005''.
Appendix A to Subpart Q of Part 141 [Amended]
? 14. In Subpart Q, Appendix A is amended as follows:
? a. In entry I.A.(8) remove the citation in the third column ``141.76''
and add in its place ``141.76(c)'' and remove the citation in the fifth
column ``141.76'' and add in its place ``141.76 (b), (d)''.
? b. Amend endnote 1 by removing the words ``reporting violations and''
from the first parenthetical phrase.
? 15. In Subpart Q, Appendix B revise endnotes 4 and 8 to read as
follows:
Appendix B to Subpart Q of Part 141--Standard Health Effects Language
for Public Notification
* * * * *
\4\ There are various regulations that set turbidity standards
for different types of systems, including 40 CFR 141.13, and the
1989 Surface Water Treatment Rule, the 1998 Interim Enhanced Surface
Water Treatment Rule and the 2002 Long Term 1 Enhanced Surface Water
Treatment Rule. The MCL for the monthly turbidity average is 1 NTU;
the MCL for the 2-day average is 5 NTU for systems that are required
to filter but have not yet installed filtration (40 CFR 141.13).
* * * * *
\8\ There are various regulations that set turbidity standards
for different types of systems, including 40 CFR 141.13, the 1989
Surface Water Treatment Rule (SWTR), the 1998 Interim Enhanced
Surface Water Treatment Rule (IESWTR) and the 2002 Long Term 1
Enhanced Surface Water Treatment Rule (LT1ESWTR). For systems
subject to the IESWTR (systems serving at least 10,000 people, using
surface water or ground water under the direct influence of surface
water), that use conventional filtration or direct filtration, after
January 1, 2002, the turbidity level of a system's combined filter
effluent may not exceed 0.3 NTU in at least 95 percent of monthly
measurements, and the turbidity level of a system's combined filter
effluent must not exceed 1 NTU at any time. Systems subject to the
IESWTR using technologies other than conventional, direct, slow
sand, or diatomaceous earth filtration must meet turbidity limits
set by the primacy agency. For systems subject to the LT1ESWTR
(systems serving fewer than 10,000 people, using surface water or
ground water under the direct influence of surface water) that use
conventional filtration or direct filtration, after January 1, 2005,
the turbidity level of a system's combined filter effluent may not
exceed 0.3 NTU in at least 95 percent of monthly measurements, and
the turbidity level of a system's combined filter effluent must not
exceed 1 NTU at any time. Systems subject to the LT1ESWTR using
technologies other than conventional, direct, slow sand, or
diatomaceous earth filtration must meet turbidity limits set by the
primacy agency.
* * * * *
? 16. Revise Sec. 141.502 to read as follows:
Sec. 141.502 When must my system comply with these requirements?
You must comply with these requirements in this subpart beginning
January 1, 2005, except where otherwise noted.
Sec. 141.530 [Amended]
? 17. In Sec. 141.530 in the second sentence, revise ``water systems''
to read ``water system''.
? 18. Amend Sec. 141.531 by adding the following sentence to the end of
the section, to read as follows:
Sec. 141.531 What criteria must a State use to determine that a
profile is unnecessary?
* * * Your State may approve a more representative TTHM and HAA5
data set to determine these levels.
? 19. Section 141.534 is amended as follows:
? a. By revising the introductory paragraph,
? b. In the table in paragraph (a)(2), remove the ``3'' and add in its
place ``[Sigma]''.
Sec. 141.534 How does my system use this data to calculate an
inactivation ratio?
Use the tables in Sec. 141.74(b)(3)(v) to determine the
appropriate CT99.9 value. Calculate the total inactivation ratio as
follows, and multiply the value by 3.0 to determine log inactivation of
Giardia lamblia:
* * * * *
Sec. 141.551 [Amended]
? 20. Section 141.551 is amended as follows:
? a. In paragraph (a)(2) remove ``no'' and add in its place ``not''; and
? b. In paragraph (b)(2) remove ``Alternative'' and add in its place
``Alternative Filtration''.
Sec. 141.563 [Amended]
? 21. Section 141.563 is amended as follows:
? a. In paragraph (b) remove the last sentence in the second column of
the table, and
[[Page 38857]]
? b. In paragraph (c) remove ``BTU'' and add in its place ``NTU'' in the
first column of the table.
? 22. In Sec. 141.570, revise paragraph (b)(2) in the table to read as
follows:
Sec. 141.570 What does subpart T require that my system report to the
State?
* * * * *
------------------------------------------------------------------------
Description of
Corresponding requirement information to report Frequency
------------------------------------------------------------------------
* * * * * * *
(b) Individual Filter (2) The filter By the 10th of
Turbidity Requirements (Sec. number(s), the following
Sec. 141.560-141.564). corresponding month.
date(s), and the
turbidity value(s)
which exceeded 1.0
NTU during the month,
and the cause (if
known) for the
exceedance(s), but
only if 2 consecutive
measurements exceeded
1.0 NTU.
* * * * * * *
------------------------------------------------------------------------
PART 142--NATIONAL PRIMARY DRINKING WATER REGULATIONS
IMPLEMENTATION
? 23. The authority citation for part 142 continues to read as follows:
Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.
Sec. 142.14 [Amended]
? 24. Section Sec. 142.14 is amended as follows:
? a. In paragraph (d)(12)(iv) remove the citation ``Sec. 142.16(f)(2)''
and add in its place ``Sec. 142.16(h)(2)''; and
? b. In paragraph (d)(13) remove the citation ``Sec. 142.16(f)(5)'' and
add in its place ``Sec. 142.16(h)(5)''.
Sec. 142.16 [Amended]
? 25. Section 142.16 is amended as follows:
? a. In paragraph (l)(2) remove the citation ``Sec. 142.16(e)(5)''and
add in its place ``Sec. 142.16(e)(2)'';
? b. Add and reserve paragraphs (m), (n), and (o);
? c. Redesignate paragraph (j) which was added on January 14, 2002, at 67
FR 1812 as paragraph (p); and
? d. In newly designated paragraph (p)(2)(ii) remove the citation
``141.536'' and add in its place ``141.535''.
Sec. 142.62 [Amended]
? 26. Section 142.62(g)(2) is amended by removing the citation ``103.35''
and add in its place ``165.110''.
[FR Doc. 04-14604 Filed 6-28-04; 8:45 am]
BILLING CODE 6560-50-P
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