[Federal Register Volume 66, Number 194 (Friday, October 5, 2001)]
[Proposed Rules]
[Pages 50961-50963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25047]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 141 and 142
[WH-FRL-7076-2]
RIN 2040-AB75
National Primary Drinking Water Regulations; Arsenic and
Clarifications to Compliance and New Source Contaminants Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability.
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SUMMARY: Today's action announces the availability of three reports and
recommendations on the science, cost of compliance, and benefits
analyses in support of a rule on arsenic in drinking water. These
reports were prepared by panels convened by the National Academy of
Sciences, the National Drinking Water Advisory Council, and the EPA
Science Advisory Board. The establishment and operation of each of
these independent, expert panels was described in a July 19, 2001,
Federal Register proposed rule. The July 19 proposal also requested
comment on whether data and analyses support setting the enforceable
arsenic drinking water standard, or Maximum Contaminant Level (MCL), at
3 micrograms per liter (ug/L) (the feasible level), 5 ug/L (the level
proposed in June 2000), 10 ug/L (the level published in the January
2001 rule), 20 ug/L, or some other level. The availability of these
three reports allows commenters to consider this information in
preparing their comments on the July 19, 2001, proposal, and to comment
on the data, analyses, and conclusions that EPA should consider.
DATES: Comments must be in writing and either postmarked or received by
EPA's Water Docket by October 31, 2001.
ADDRESSES: EPA accepts comments by three delivery methods:
(1) Mailed to the W-99-16-VI Arsenic Comments Clerk, Water Docket
(MC-4101); U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC
20460.
(2) Hand delivered (e.g., courier or overnight delivery service) to
EPA's Water Docket, located at 401 M Street, SW; East Tower Basement
Room 57, in Washington, DC; between 9 a.m. and 3:30 p.m. Eastern
Daylight Time, Monday through Friday, except holidays.
(3) Electronically sent to [email protected]. See
SUPPLEMENTARY INFORMATION for file formats and other information about
electronic filing and docket review.
FOR FURTHER INFORMATION CONTACT: The Safe Drinking Water Hotline,
phone: (800) 426-4791 or (703) 412-3330, e-mail: [email protected]
for general information, meeting information, and copies of arsenic
regulations and support documents. For other inquiries, contact Richard
Reding, (202) 260-4441, e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Additional Information for Commenters
No facsimiles (faxes), compressed or zipped files will be accepted,
and comments must be submitted in writing. Please submit an original
and three copies of your comments and enclosures (including references)
and identify your submission by the docket number W-99-16-VI. To ensure
that EPA can read, understand, and therefore properly respond to
comments, the Agency would prefer that comments cite, where possible,
the question(s) or sections and page numbers in the document or
supporting documents to which each comment refers. Commenters should
use a separate paragraph for each issue discussed. Commenters who want
EPA to acknowledge receipt of their comments should include a self-
addressed, stamped envelope.
EPA uses WordPerfect as its standard software, so electronic
attachments (including 3.5 inch floppy disks) must be identified as
docket submissions for W-99-16-VI and submitted in WordPerfect 8 (or
older version) or ASCII file format (unless four hard copies are also
submitted). Comments attached in other electronic formats (e.g., Word,
pdf, Excel, and compressed or zipped files) must also be submitted as
hard copies. If you submit your comment both electronically and as a
hard copy, please note this on both submissions so the Docket can link
your submissions as one comment rather than two separate comments.
Electronic comments on this document may be filed online at many
Federal Depository Libraries.
There is no need to submit a comment to repeat views stated in
previous comments, or if you do not have
[[Page 50962]]
additional data relevant to these three reports. The Agency does not
send out individual replies to respond to those who submit comments.
Availability of Docket
For an appointment to review the docket for this rulemaking, call
(202) 260-3027 between 9 a.m. and 3:30 p.m. Eastern Daylight Time,
Monday through Friday and refer to Docket W-99-16-VI. Every user is
entitled to 100 free pages, and after that the Docket charges 15 cents
a page. Users are invoiced after they copy $25, which is 267
photocopied pages. The Safe Drinking Water Hotline can provide some
hard copies of some of the supporting documentation and some
electronically (phone: (800) 426-4791 or (703) 412-3330, e-mail:
[email protected]). EPA's arsenic-in-drinking-water web page
contains links to the arsenic Federal Register documents and other
supporting material at www.epa.gov/safewater/arsenic.html.
I. Background
In the Monday, January 22, 2001, Federal Register (US EPA 2001a),
EPA issued regulations revising the arsenic drinking water standard and
clarifying compliance and new-source contaminants monitoring provisions
(66 FR 6976). The Agency established a health-based, non-enforceable
Maximum Contaminant Level Goal (MCLG) for arsenic of zero milligrams
per liter (mg/L) in Sec. 141.15(b) and an enforceable Maximum
Contaminant Level (MCL) for arsenic of 0.01 mg/L (i.e., 10 micrograms
per liter (g/L)) for both community water systems (CWSs) and
non-transient non-community water systems (NTNCWSs) in
Sec. 141.62(b)(16). (Although EPA lists drinking water standards in
Title 40 of the Code of Federal Regulations (40 CFR) in units of mg/L,
the Agency will refer to arsenic concentrations in g/L in this
notice.)
The Agency issued a final rule (US EPA 2001b) on May 22, 2001 (66
FR 28342), to delay the effective date of the January 2001 arsenic rule
until February 22, 2002. The purpose of the delayed effective date was
to allow the Agency to conduct additional reviews of the arsenic rule,
including the three reviews that are the subject of today's notice, and
to provide opportunities for additional public comment prior to a final
decision about the MCL.
II. Where May I Obtain Copies of the Three Expert Panel Reports?
A. The National Academy of Sciences' (NAS) National Research Council's
(NRC) Report
NAS has published the NRC the health science review report,
``Arsenic in Drinking Water: 2001 Update'' (NRC 2001) which is
available for review or purchase on the National Academy Press web
site: www.nap.edu/catalog/10194.html. The 2001 NRC report reviewed and
analyzed relevant toxicological and health-effects studies published
since the 1999 NRC report on arsenic as well as the analysis performed
by EPA in support of the January 2001 rule.
B. National Drinking Water Advisory Council (NDWAC) Report
The NDWAC has submitted the cost review report, dated August 14,
2001, ``Report of the Arsenic Cost Working Group to the National
Drinking Water Advisory Council'' (US EPA 2001e), at www.epa.gov/safewater/ars/ndwac-arsenic-report.pdf, with a cover letter to
Administrator Christine Todd Whitman (US EPA 2001d, www.epa.gov/safewater/ars/ndwac-aug2001letter.html). The NDWAC reviewed the cost of
compliance estimates by EPA and other organizations for various public
water systems sizes, as well as the national aggregate cost estimates
associated with the January 2001 arsenic rule. The cover letter
identifies the text of the Working Group Report revised by the full
Council and includes an additional recommendation.
C. The Science Advisory Board (SAB) Report
The SAB and its Arsenic Rule Benefits Review Panel has submitted to
Administrator Whitman the benefits review report, ``Arsenic Rule
Benefits Analysis: An SAB Review'' (EPA 2001f). This report is
available at www.epa.gov/sab/ec01008.pdf. The SAB reviewed the Agency's
analysis of quantified and unquantified benefits associated with the
January 2001 arsenic rule.
The EPA arsenic webpage, www.epa.gov/safewater/arsenic.html,
provides a link to each of these web addresses. Copies of the three
reports may be viewed in the docket for this notice at the address and
during the times noted in the Supplementary Information section of
today's document.
III. How Will EPA Make Use of the Recommendations of the Three Expert
Panels?
In the July 19 preamble (US EPA 2001d, 66 FR 37617 at 37628), EPA
discussed making the findings of the expert review panels publicly
available prior to the fall notice. Today's action allows the public to
review the recommendations of each expert panel at the same time that
the Agency is assessing the reports. Because these are final reports
from independent expert panels, today's notice does not request
editorial or technical changes to the reports. If you have technical
comments on the analyses and conclusions of these reports that you
believe EPA should consider, please submit data and your analyses to
the Agency during the comment period for this document.
IV. References
NRC. 2001. Arsenic in Drinking Water: 2001 Update. National
Academy Press, 2101 Constitution Avenue, NW, Lockbox 285,
Washington, DC 20055, and at www.nap.edu/books/0309076293/html.
US EPA. 2001a. National Primary Drinking Water Regulations;
Arsenic and Clarifications to Compliance and New Source Contaminants
Monitoring; Final Rule. Federal Register. Vol. 66, No. 14, p. 6976.
EPA 815--Z-01-001. January 22, 2001. Available at www.epa.gov/safewater/arsenic.html.
US EPA. 2001b. National Primary Drinking Water Regulations;
Arsenic and Clarifications to Compliance and New Source Contaminants
Monitoring; Final rule; delay of effective date. Federal Register.
Vol. 66, No. 99, p. 28342. May 22, 2001. Available at www.epa.gov/safewater/arsenic.html.
US EPA. 2001c. National Primary Drinking Water Regulations;
Arsenic and Clarifications to Compliance and New Source Contaminants
Monitoring. Federal Register. Vol. 66, No. 139, p. 37617. July 19,
2001. Available at www.epa.gov/safewater/arsenic.html.
US EPA. 2001d. Letter from Janet Pawlukiewicz to the
Administrator. Transmits the National Drinking Water Advisory
Council Arsenic Report. August 23, 2001. Available at www.epa.gov/safewater/arsenic.html.
US EPA. 2001e. Final Report of the Arsenic Cost Working Group of
the National Drinking Water Advisory Council. August 14, 2001. Water
Resource Center (RC-4100), US EPA, 1200 Pennsylvania Avenue NW.,
Washington DC 20460, and at www.epa.gov/safewater/arsenic.html.
US EPA. 2001f. Arsenic Rule Benefits Analysis: An SAB Review.
EPA-SAB-EC-01-008. August 30, 2001. US EPA Science Advisory Board
(1400A), 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0001,
and at www.epa.gov/safewater/arsenic.html.
Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
6, 300j-4, 300j-9, and 300j-11.
[[Page 50963]]
Dated: October 2, 2001.
Diane C. Regas,
Acting Assistant Administrator for Water.
[FR Doc. 01-25047 Filed 10-4-01; 8:45 am]
BILLING CODE 6560-50-P