[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Rules and Regulations]
[Pages 70850-70858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30117]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 141 and 142
[FRL-7413-9]
RIN 2040-AD06
National Primary Drinking Water Regulations: Minor Revisions to
Public Notification Rule, Consumer Confidence Report Rule and Primacy
Rule
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
changes to the health effects language for di(2-ethylhexyl) adipate
(DEHA) and di(2-ethylhexyl) phthalate (DEHP) in the Public Notification
(PN) Rule and the Consumer Confidence Report (CCR) Rule under the Safe
Drinking Water Act (SDWA). Today's rule also makes minor corrections to
Appendix A of the CCR Rule. These changes include: correcting drinking
water source information listed for copper, changing the placement of
regulatory and health effects information for disinfection by-products
(i.e., bromate, chloramines, chlorite, chlorine, and chlorine dioxide),
and correcting the reference ``chloride dioxide'' to ``chlorine
dioxide.'' The Agency is also amending the listing for three
contaminants (i.e., bromate, chlorite, and total trihalomethanes) to
correct source information given in Appendix A. The appendix listed
``by-product of chlorination,'' a specific method of disinfection, as
the major source for these contaminants in drinking water. The source
information in Appendix A is being amended to include the more general
term ``by-product of drinking water disinfection'' for these
contaminants. In addition, the Agency is revising the Primacy Rule to
remove regulations pertaining to the Administrator's authority to waive
national primary drinking water
[[Page 70851]]
regulations (NPDWRs) for Federally owned or operated public water
systems. This authority was removed by Congress in the 1996 amendments
to the Safe Drinking Water Act.
DATES: This regulation is effective December 27, 2002. For judicial
review purposes, this final rule is promulgated as of 1:00 p.m. Eastern
Time on November 27, 2002.
ADDRESSES: Applicable Federal Register notices, public comments
received, the response to comments document, and other major supporting
documents for this rulemaking are available for review at EPA's Water
Docket, in the EPA Docket Center (EPA/DC), EPA West, Rm B102, 1301
Constitution Avenue, NW, Washington, DC. An electronic version of the
public docket is available through EPA's electronic public docket and
comment system, EPA Dockets, at http://www.epa.gov/edocket/.
FOR FURTHER INFORMATION CONTACT: Khanna Johnston at 1200 Pennsylvania
Avenue, NW, (MC-4606M), Washington, DC 20460; by phone, 202-564-3842;
or by e-mail: [email protected]. For general information, you may
contact the Safe Drinking Water Hotline at 1-800-425-4791. The Safe
Drinking Water Hotline is open from 9:00 a.m. to 5:30 p.m. Eastern
Time, Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
Table of Regulated Entities
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
State/Local/Tribal Publicly-owned Public Water Systems
governments. (PWSs), such as municipalities; county
governments, water districts, water and
sewer authorities, state governments,
and other publicly-owned entities that
deliver drinking water as an adjunct to
their primary business (e.g., schools,
State parks, roadside rest stops).
Industry..................... Privately-owned PWSs, such as private
utilities, homeowner associations, and
other privately-owned entities that
deliver drinking water as an adjunct to
their primary business (e.g., trailer
parks, factories, retirement homes, day-
care centers).
Federal government........... Federally-owned PWSs, such as water
systems on military bases.
------------------------------------------------------------------------
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 this 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. 141.151 and 141.201 of Title
40 of the Code of Federal Regulations (CFR). If you have questions
regarding the applicability of this action to your particular facility,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
How Can I Get Copies of This Document and Other Related Information?
EPA has established an official public docket for this action under
Docket ID No. W-01-07. The official public docket consists of the
documents specifically referenced in this action, any public comments
received, and other information related to this action. Although a part
of the official docket, the public docket does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing at EPA's Water Docket,
in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m. Eastern Time, Monday
through Friday, excluding legal holidays. The telephone number for the
Reading Room is 202-566-1744, and the telephone number for the Water
Docket is 202-566-2426.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments,
access the index listing of the contents of the official public docket,
and to access those documents in the public docket that are available
electronically. Once in the system, select ``search,'' then key in the
appropriate docket identification number. Although not all docket
materials may be available electronically, you may still access any of
the publicly available docket materials through the docket facility
identified in the previous paragraph or under the ADDRESSES section.
Acronyms Used in This Rule
CCR Consumer Confidence Report
CFR Code of Federal Regulations
CWS Community Water System
DBP Disinfection Byproduct
DEHA Di(2-ethylhexyl)adipate
DEHP Di(2-ethylhexyl)phthalate
EPA Environmental Protection Agency
FR Federal Register
MCL Maximum Contaminant Level
MCLG Maximum Contaminant Level Goal
NPDWR National Primary Drinking Water Regulation
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PN Public Notification
PPM Parts Per Million
PWS Public Water System
RFA Regulatory Flexibility Act
SBREFA Small Business Regulatory Enforcement Fairness Act
SDWA Safe Drinking Water Act
TTHM Total Trihalomethanes
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
Table of Contents
I. Statutory Authority
II. Background
III. Administrative Requirements
A. Executive Order 12866--Regulatory Planning and Review
B. Executive Order 13045--Protection of Children From
Environmental Health Risks and Safety Risks
C. Unfunded Mandates Reform Act
D. Paperwork Reduction Act
E. Regulatory Flexibility Act, as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601
et. seq.
F. National Technology Transfer and Advancement Act
G. Executive Order 12898--Environmental Justice
H. Executive Order 13132--Federalism
I. Executive Order 13175--Consultation and Coordination with
Indian Tribal Governments
J. Executive Order 13211--Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
K. Congressional Review Act
L. Plain Language Directive
M. Administrative Procedure Act
I. Statutory Authority
The purpose of this rulemaking is to finalize the EPA's proposed
modifications to Minor Revisions of the
[[Page 70852]]
Public Notification Rule and Consumer Confidence Report Rule and to
revise the Primacy Rule to remove an outdated authority. The Safe
Drinking Water Act (SDWA) (section 1414(c)), as amended in 1996,
mandated that EPA revise its existing regulations governing public
notification. When a violation occurs, public water systems must
provide information to their consumers on the potential health effects
from exposure to the contaminant in question.
This public notification is an integral part of public health
protection and consumer right-to-know provisions of the SDWA (section
1414), as amended in 1996. EPA issued revised public notification
regulations in May 2000, that set requirements for public water systems
to follow with respect to the form, manner, frequency, and content of a
public notice. The revised Public Notification (PN) Rule (40 CFR part
141, subpart Q) provides specific health effects statements for each
regulated contaminant that a public water system must provide its
consumers in the event of a public notice.
SDWA (section 1414) requires community water systems to issue an
annual water quality report to their customers. The report provides a
snapshot of local drinking water quality, a list of contaminants found
in the water, potential health effects of any contaminants found above
Federal health standards, and measures being undertaken by the water
system to protect the drinking water supply. As part of the Consumer
Confidence Report (CCR) Rule (40 CFR part 141, subpart O), CWSs must
provide a statement concerning the health effects of contaminants found
at levels that violate the Federal health standard. SDWA also requires
States to meet set regulations for implementation and enforcement
authority of national primary drinking water regulations as specified
in section 1413 and the Primacy Rule (40 CFR part 142).
II. Background
On May 14, 1999, EPA published proposed revisions to the PN Rule
for public comment. In this rulemaking EPA proposed to use the same
brief health effects language for the PN Rule as EPA had recently
adopted in the Consumer Confidence Report (CCR) Rule (63 FR 44511,
August 19, 1998). This language is now codified at 40 CFR part 141,
subpart O, appendix A. As a result, the PN proposal contained the CCR
health effects language for di(2-ethylhexyl)adipate (DEHA) and di(2-
ethylhexyl)phthalate (DEHP). During the public comment period on the
proposed PN Rule, the Chemical Manufacturers Association (now known as
the American Chemistry Council) submitted comments questioning several
aspects of the health effects language for DEHA and DEHP. This included
references to ``general toxic effects'' for DEHA and the basis for
characterizing DEHP as a human carcinogen.
EPA published the final PN Rule (65 FR 25981, May 4, 2000) in May
2000. The American Chemistry Council (ACC) filed a petition in the DC
Court of Appeals for review of the PN Rule, based on the DEHA and DEHP
health effects language. In reexamining the ACC comments on the PN
rule, EPA determined that changes to the health effects language for
these contaminants in both the PN and CCR Rules would be appropriate.
In a settlement agreement with ACC, EPA agreed to propose, and
subsequently did propose, changes to the health effects language for
these two contaminants. EPA accepted comment on the health effects
language specific only to DEHA and DEHP. EPA also used the proposed
modifications as an opportunity to make and seek comment on other minor
corrections to appendix A of the CCR Rule (66 FR 46930, September 7,
2001). The comments received were generally favorable, supporting the
proposed changes. A copy of these comments and the response to comments
document are available for review in the public docket. In view of the
comments received and for the reasons set forth in the preamble to the
September 7, 2001 proposal, today's rule amends 40 CFR part 141 to
reflect the health effects language changes for DEHA and DEHP proposed
on September 7, 2001.
EPA is also making several corrections to language in appendix A of
the CCR Rule. These are as follows: ``Leaching from wood
preservatives'' was incorrectly listed as a major source of copper in
drinking water. This rule deletes ``leaching from wood preservatives''
from drinking water source information for copper. Regulatory and
health effects information for the disinfection byproducts bromate,
chloramines, chlorite, chlorine, and chlorine dioxide was incorrectly
placed in the volatile organic contaminants section of appendix A.
Today's action moves entries for these disinfection byproducts from
their existing locations and places them in the inorganic contaminants
section of appendix A. In addition, the entry for chlorine dioxide was
inadvertently listed as ``chloride dioxide.'' This rule corrects this
reference to read ``chlorine dioxide.''
This rule also amends information listed for three contaminants
(i.e., bromate, chlorite, and total trihalomethanes) to reference the
more general term, ``by-product of drinking water disinfection,''
rather than ``chlorination,'' which is one specific method of
disinfection. Finally, this rule deletes a provision in EPA's primacy
regulations at 40 CFR 142.3(b)(3). This section pertains to the
Administrator's former authority to waive national primary drinking
water regulations (NPDWRs) for Federally owned or operated public water
systems. This authority was removed by Congress in the 1996 amendments
to the Safe Drinking Water Act (SDWA), and is no longer applicable. EPA
determined for the latter two corrections in today's final rule that
there is ``good cause'' for making these minor changes final without
prior proposal and opportunity for comment, because these changes have
no substantive impact and merely correct CFR text.
III. Administrative Requirements
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 Office of Management and Budget (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. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that:
[[Page 70853]]
(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 Rule is not subject to
Executive Order 13045 because it is not economically significant as
defined in Executive Order 12866. This rule makes minor changes to the
Public Notification Rule, Consumer Confidence Report Rule, and Primacy
Rule that do not change the regulatory burden.
C. 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. This 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. The rule imposes no enforceable duty
on any State, local or Tribal governments or the private sector. This
rule does not change the costs to State, local, or Tribal governments
as estimated in the final Public Notification Rule (65 FR 25981, May 4,
2000) and the final Consumer Confidence Report Rule (63 FR 44511,
August 19, 1998), and does not change either the frequency of reports
or the regulatory burden of public notification. Thus, today's rule is
not subject to the requirements of sections 202 and 205 of the UMRA.
For the same reason, EPA has determined that this rule contains no
regulatory requirements that might significantly or uniquely affect
small governments. Thus today's rule is not subject to the requirements
of section 203 of UMRA.
D. 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 rule makes minor changes to the Public Notification Rule, the
Consumer Confidence Report Rule, and the Primacy Rule and does not
change the frequency of reporting or the regulatory burden.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, 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 Office of Management and Budget (OMB) control number.
The OMB control numbers for EPA's regulations are listed in 40 CFR part
9 and 48 CFR chapter 15.
E. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C 601 et.
seq.
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to the
notice-and-comment rulemaking requirement 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.
The RFA provides default definitions for each type of small entity.
It also authorizes an agency to use alternative definitions for each
category of small entity, ``which are appropriate to the activities for
the agency'' after proposing the alternative definition(s) in the
Federal Register and taking comment (5 U.S.C. secs. 601(3)--(5)). In
addition to the above, to establish an alternative small business
definition, agencies must consult with the Small Business
Administration'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 Safe Drinking Water Act Amendments of 1996 for small
system flexibility provisions. In accordance with 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, finalized this definition for
the final CCR regulation, and expressed its intention to use the
alternative definition for all future drinking water regulations (63 FR
44511, August 19, 1998). As stated in that final rule, the alternative
definition is applied to this regulation as well.
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. This rule
makes minor changes to the Public Notification Rule, the Consumer
Confidence Report Rule, and the Primacy Rule and imposes no additional
enforceable duty on any State, local or Tribal governments or the
private sector. It does not change either the frequency
[[Page 70854]]
of reports or the regulatory burden of public notification.
F. 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, section 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., material
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 rule does not involve technical standards. Therefore, EPA did
not consider the use of any voluntary consensus standards.
G. Executive Order 12898--Environmental Justice
Executive Order 12898 establishes a Federal policy for
incorporating Environmental Justice into Federal agency missions by
directing agencies to identify and address disproportionately high and
adverse human health or environmental effects of its programs,
policies, and activities on minority and low-income populations.
Today's rule makes minor changes to the Consumer Confidence Report
Regulation, the Public Notification Regulation, and the Primacy Rule
and does not alter the basic regulatory standards in those regulations.
The Agency considered Environmental Justice related issues concerning
the potential impacts of Public Notification (PN) during development of
the Public Notification Rule and Consumer Confidence Report (CCR) Rule.
In the May 4, 2000, PN Rule (65 FR 25981), EPA concluded that the PN
requirements would be beneficial to low-income and minority
communities. In the CCR Rule (63 FR 44511, August 19, 1998), EPA
determined that provisions in that regulation would be beneficial to
low-income and minority communities, particularly the provision
requiring a good faith effort to reach non-bill-paying customers.
H. 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. Today's rule makes minor changes
to the Consumer Confidence Report Rule, the Public Notification Rule,
and the Primacy Rule. Thus, Executive Order 13132 does not apply to
this rule.
Nevertheless, 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. We did not receive any
comments on Executive Order 13132.
I. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, 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.
Today's rule makes minor changes to the Consumer Confidence Report
Rule, the Public Notification Rule, and the Primacy Rule. Thus,
Executive Order 13175 does not apply to this rule.
Nevertheless, 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. We did not receive any comments on
Executive Order 13175.
J. Executive Order 13211--Actions Concerning Regulations 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.
K. 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 on December 27, 2002.
L. Plain Language Directive
Executive Order 12866 encourages agencies to write their rules in
plain language. Readable regulations help the public find requirements
quickly and understand them easily. They increase compliance,
strengthen enforcement, and decrease mistakes, frustration, phone
calls, appeals, and distrust of government. EPA made every effort to
write this preamble and both the PN and CCR Rules in a clear and
concise manner.
M. Administrative Procedure Act
Section 553 of the Administrative Procedures 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
[[Page 70855]]
without providing prior notice and an opportunity for public comment.
EPA is publishing a number of minor corrections to appendix A of the
CCR Rule, 40 CFR part 141, subpart O, two of which were not originally
included in the September 7, 2001 proposal. Appendix A lists ``major
sources in drinking water'' of regulated contaminants. EPA incorrectly
listed ``by-product of drinking water chlorination,'' a specific method
of disinfection (63 FR 69410, December 16, 1998), for two of these
contaminants, rather than using the more general term ``by-product of
drinking water disinfection.'' As a result, today's rule amends the
table (Appendix A) to correct the ``major sources'' information for
bromate, chlorite, and total trihalomethanes (TTHMs). This will make
the listed ``major sources'' of these contaminants the same as
haloacetic acids (HAA) in the table. Today's rule also deletes Sec.
142.3(b)(3). This section pertains to the Administrator's former
authority to waive national primary drinking water regulations (NPDWRs)
for Federally owned or operated public water systems. This authority
was removed in the 1996 amendments to the Safe Drinking Water Act
(SDWA), and is no longer applicable. EPA has determined that for these
corrections there is ``good cause'' for making these rule changes final
without prior proposal and opportunity for comment because these rule
changes have no substantive impact and merely correct informational CFR
text or remove outdated text. Thus, notice and public procedures are
unnecessary. EPA finds that this constitutes ``good cause'' under 5
U.S.C. 553(b)(B).
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
Administrative practice and procedure, Chemicals, Indians-lands,
Radiation protection, Reporting and recordkeeping requirements, Water
supply.
Dated: November 20, 2002.
Christine Todd Whitman,
Administrator.
For the reasons set out in the preamble, 40 CFR parts 141 and 142
are amended as follows:
PART 141--[AMENDED]
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.
Subpart O--[Amended]
2. Appendix A to Subpart O is amended
a. Under the heading ``Inorganic contaminants'' by adding in
alphabetical order entries for: ``Bromate (ppb)'', ``Chloramines
(ppm)'', ``Chlorine (ppm)'', ``Chlorine dioxide (ppb)'', and ``Chlorite
(ppm)''.
b. Under the heading ``Inorganic contaminants'' by revising the
entry for ``Copper (ppm)''.
c. Under the heading ``Synthetic organic contaminants including
pesticides and herbicides'' by revising entries for ``Di(2-ethylhexyl)
adipate (ppb)' and ``Di(2-ethylhexyl) phthalate (ppb)''.
d. Under the heading ``Volatile organic contaminants'' by removing
entries for: ``Bromate (ppb)'', ``Chloramines (ppm)'', ``Chlorine
(ppm)'', ``Chlorite (ppm)'', and ``Chloride dioxide (ppb)''.
e. Under the heading ``Volatile organic contaminants'' by revising
the entry for ``TTHMs [Total trihalomethanes] (ppb)''.
The revisions and additions read as follows:
Appendix A to Subpart O of Part 141--Regulated Contaminants
--------------------------------------------------------------------------------------------------------------------------------------------------------
Traditional MCL in To convert for Major sources in Health effects
Contaminant (units) mg/L CCR, multiply by MCL in CCR units MCLG drinking water language
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Inorganic contaminants:
* * * * * * *
Bromate (ppb)............... .010.............. 1000.............. 10................ 0................. By-product of Some people who
drinkig water drink water of
disinfection. containing
bromate in excess
of the MCL over
many years may
have an increased
risk of getting
cancer.
* * * * * * *
Chloramines (ppm)........... MRDL=4............ .................. MRDL=4............ MRDLG=4........... Water additive Some people who
used to control use water
microbes. containing
chloramines well
in excess of the
MRDL could
experience
irritating
effects to their
eyes and nose.
Some people who
drink water
containing
chloramines well
in excess of the
MRDL could
experience
stomach
discomfort or
anemia.
[[Page 70856]]
Chlorine (ppm).............. MRDL=4............ .................. MRDL=4............ MRDLG=4........... Water additive Some people who
used to control use water
microbes. containing
chlorine well in
excess of the
MRDL could
experience
irritating
effects to their
eyes and nose.
Some people who
drink water
containing
chlorine well in
excess of the
MRDL could
experience
stomach
discomfort.
Chlorine dioxide (ppb)...... MRDL=.8........... 1000.............. MRDL=800.......... MRDLG=800......... Water additive Some infants and
used to control young children
micorbes. who drink water
chlorine dioxide
in excess of the
MRDL could
experience
nervous system
effects. Similar
effects may occur
in fetuses of
pregnant women
who drink water
containing
chlorine dioxide
in excess of the
MRDL. Some people
may experience
anemia.
Chlorite (ppm).............. 1................. .................. 1................. 0.8............... By-product of Some infants and
drinking water young children
disinfection. who drink water
containing
chlorite in
excess of the MCL
could experience
nervous system
effects. Similar
effects may occur
in fetuses of
pregnant women
who drink water
containing
chlorite in
excess of the
MCL. Some people
may experience
anemia.
* * * * * * *
Copper (ppm)................ AL=1.3............ .................. AL=1.3............ 1.3............... Corrosion of Copper is an
household essential
plumbing systems; nutrient, but
Erosion of some people who
natural deposits. drink water
containing copper
in excess of the
action level over
a relatively
short amount of
time could
experience
gastrointestinal
distress. Some
people who drink
water containing
copper in excess
of the action
level over many
years could
suffer liver or
kidney damage.
People with
Wilson's disease
should consult
their personal
doctor.
[[Page 70857]]
* * * * * * *
Synthetic organic
contaminants including
pesticides and herbicides:
* * * * * * *
Di(2-ethylhexyl) andipate .4................ 1000.............. 400............... 400............... Discharge from Some people who
(ppb). chemical drink water
factories. containing di(2-
ethylhexyl)
adipate well in
excess of the MCL
over many years
could experience
toxic effects
such as weight
loss, liver
enlargement or
possible
reproductive
difficulties.
Di(2-ethylhexyl) phthalate .006.............. 1000.............. 6................. 0................. Discharge from Some people who
(ppb). rubber and drink water
chemical containing di(2-
factories. ethylhexyl)
phthalate well in
excess of the MCL
over many years
may have problems
with their liver,
or experience
reproductive
difficulties, and
may have an
increased risk of
getting cancer.
* * * * * * *
Volatile organic
contaminants:
* * * * * * *
TTHMs [Total 0.10/.080......... 1000.............. 100/80............ N/A............... By-product of Some people who
trihalomethanes] (ppb). drinking water drink water
disinfection. containing
trihalomethanes
in excess of the
MCL over many
years may
experience
problems with
their liver,
kidneys, or
central nervous
systems, and may
have an increased
risk of getting
cancer.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subpart Q--[Amended]
3. Appendix B to Subpart Q of Part 141 is amended under E. by
revising entries 33 for ``Di(2-ethylhexyl) adipate'' and 34 for ``Di(2-
ethylhexyl) phthalate'' to read as follows:
Appendix B to Subpart Q of Part 141--Standard Health Effects Language
for Public Notification
--------------------------------------------------------------------------------------------------------------------------------------------------------
Standard health effects language for public
Contaminant (units) MCLG \1\ (mg/l) MCL \2\ (mg/l) notification
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
---------------------------------------
E. Synthetic Organic Chemicals (SOCs)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 70858]]
* * * * * * *
33. Di(2-ethylhexyl) adipate.......... 0.4 0.4 Some people who drink water containing di(2-
ethylhexyl) adipate well in excess of the MCL
over many years could experience toxic effects
such as weight loss, liver enlargement or
possible reproductive difficulties.
34. Di(2-ethylhexyl) phthalate........ Zero 0.006 Some people who drink water containing di(2-
ethylhexyl) phthalate well in excess of the MCL
over many years may have problems with their
liver, or experience reproductive difficulties,
and may have an increased risk of getting
cancer.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Appendix B--Endnotes
1. MCLG--Maximum contaminant level goal.
2. MCL--Maximum contaminant level.
* * * * *
PART 142--[AMENDED]
4. 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[chyph]9, and 300j-11.
Sec. 142.3 [Amended]
5. Section 142.3 is amended by removing paragraph (b)(3).
[FR Doc. 02-30117 Filed 11-26-02; 8:45 am]
BILLING CODE 6560-50-P