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recordkeeping requirements, Volatile
organic compounds.
Dated: May 27, 2004.
James W. Newsom,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VMaryland
2. Section 52.1070 is amended by
adding paragraph (c)(184) to read as
follows:
§52.1070 Identification of plan.
*****
(c) * * *
(184) Revisions to the Code of
Maryland Administrative Regulations
(COMAR) for the Control of VOC
Emissions from Portable Fuel
Containers submitted on March 8, 2002
by the Maryland Department of the
Environment:
(ij Incorporation by reference.
(A) Letter of March 8, 2002 from the
Maryland Department of the
Environment transmitting an addition to
Maryland's State Implementation Plan
pertaining to the control of volatile
organic compounds (VOC) emissions
from portable fuel containers.
(B) Addition of new regulation .07
under COMAR 26.11.13Control of
VOC Emissions from Portable Fuel
Containers, adopted by the Secretary of
the Environment on December 21, 2001,
and effective on January 21, 2002.
(ii) Additional Material.Remainder
of the State submittal pertaining to the
revisions listed in paragraph (c)(184)(i)
of this section.
[FRDoc. 04-14602 Filed 6-28-04; 8:45 am]
BILLING CODE 6560-50-P
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.
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and outdated language in the final Long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 (LTlESWTR), 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 LTlESWTR, 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
§ 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:
ban e. 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 mqre days per
year. Categories and entities potentially
regulated by this action include the
following:
Category
Examples of potentially regulated entities
surface water or mixed ground water and surface water.
or mixed ground water and surface water.
or mixed ground water and surface water.
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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 §§ 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.
n. 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., LTlESWTR). 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 flX
In addition to clarifications of
typographical and editorial errors, EPA
is revising the LTlESWTR 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. LTlESWTR Compliance Date Change
and Optional Monitoring for
Disinfection Profiling
The final LTlESWTR was published
on January 14, 2002 (67 FR 1812). In
§141.502 of the LTlESWTR, 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 § 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,
§§ 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 § 141.502, the following
12 requirements will have a compliance
deadline of January 1, 2005, instead of
January 14, 2005: §§ 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 §§ 141.530-
141.536. March 15, 2002, remains the
compliance date for § 141.511.
In addition to changing the
compliance date, EPA is adding a
sentence to § 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 § 141.530. EPA's
intent was to allow this flexibility in the
final LTlESWTR 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 § 141.25(c)(l). In
today's action, EPA is amending Table
B at § 141.25(c)(l) to add a detection
limit of 1 (ig/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 § 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
§ 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 * * VIn
addition, in the text that proposed to
revise § 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 § 141.26(b)(6), EPA is revising the
citation "(b)(l)(ii)" to read "(b)(l)(i),"
and is revising citation "(b)(2)(i)" to
read "(b)(2)(iv)." These were
typographical errors and should have
been (b)(l)(i) and (b)(2)[iv), which refer
to meeting the screening level
requirements until the system meets the
requirements for reduced monitoring.
D. LTlESWTR Clarifications
In addition to changing the date in
§ 141.502 to reduce monitoring burden
as well as to allow States to approve
alternative data sets for optional
monitoring in § 141.531, EPA is
clarifying typographical errors in the
final LTlESWTR. 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
§ 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 § 141.534. hi the
introductory paragraph for § 141.534,
EPA inadvertently omitted a reference
to § 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 § 141.534 to:
"Use the tables in § 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 § 141.534(a)(2), EPA is
changing the "3" to "X" in the CT
calculation formula. EPA inadvertently
changed the "£" to a "3" during a text
file conversion.
In § 141.551(a)(2), EPA is adding a "t"
to the "no" in "A value determined by
the State (no to exceed 1 MTU) * * *".
In § 141.551(b)(2), EPA is adding the
word "Filtration" to the phrase "All
other 'Alternative'" so that it matches
related language in §141.551(a)(2).
EPA is deleting the last sentence in
the second column in the table in
§ 141.563(b), because it is redundant.
Also in the same table in § 141.563(c),
the first column contains a
typographical error. The acronym
"BTU" will read "NTU" [Nephelometric
Turbidity Units).
In the table in § 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 § 141.570(b)(2). As a result, the
entire paragraph will read: "The filter
$00 VOX 31
s-xx
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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
§ 142.16{p). In addition, EPA is revising
a citation in § 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
§ 141,134(c)(l)(iv) (see 63 FR 69422 and
69472). However, EPA failed to add
compliance with the applicable MRDL
to the compliance requirements in
§ 141.133(a)(3). EPA is correcting this,
and the language in §141.133(a)(3) now
reads "If, during the first year of
monitoring under § 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 § 142.14(d)(12)(iv)
and § 142.14(d)(13) a reference to
§ 142.16(f). The reference for both
sections is now being revised to read
§ 142.16(h)(2) and § 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
§ 141.74fb)(4)(ii) a reference to
§ 142.72(a). This citation is being
corrected to read § 141.72(a).
Today's rule does not include the
proposed clarifications (March 2, 2004,
69 FR 9784) concerning the calibration
of turbiditimeters in § 141.174(a)
(Interim Enhanced Surface Water
Treatment Rule (IESWTR)) and in
§ 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
§ 141.74(a)(3) or (4) to § 141.74(a)(l),
and all citations to § 141.74(a)(5) to
§ 141.74(a)(2) to reflect revisions to the
SWTR as described in the proposal.
TABLE 1 .REFERENCES TO THE
SURFACE WATER TREATMENT RULE
SWTR provisions with
incorrect cross
references
141.72{a)(3) ...
141.72(a)(4)(i)
141.72(b)(2),
141.73(a)(1)
141.73(a)(2)
141.73(b)(1)
141.73(b)(2)
141.73(c)(1)
141.73(C)(2)
141.74(c)(3)(i)
Amendment
'(a)<4)" to
'(a)(4)"to(a)(1)
)" to (a)(2)
)" to (a)(1)
and "(a)(5)" to
)" to
)"to
)" to
and, "(a)(3)" to
to
to
to
to (a)d)
to (a)(1)
to (a)d)
to(a)d)
to (a)(l)
to (a)(1)
to (a)(l)
"(a)(3)"
"(a><4)"
"(a><4)"
"
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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; tram 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 SB A'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
LTlESWTR. The earlier compliance
date will not increase the cost of
complying with LTlESWTR 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.
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D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 1044, 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 LTlESWTR. The earlier
compliance date will not increase the
cost of complying with LTlESWTR
since the monitoring and reporting
requirements are unchanged. By
specifying die 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 LTlESWTR. The earlier
compliance date will not increase the
cost of complying with LTlESWTR
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" (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.
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.
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Federal Register/Vol. 69, No. 124/Tuesday, June 29, 2004/RuIes and Regulations
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.
/. 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 § I41.85(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-l, 300g-2,
300g-3, 300g-4, 300g-5, 300g-6, 300 j-4,
300J-9, and300j-ll-
§141.25 [Amended]
2. Section 141.25(c)[l) 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 u,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)(l)(ii)" and add in its place
"(b)(l)(i)" and remove the citation
"(b)(2)(i)" and add in its place
The revisions read as follows:
§ 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 § 141.66(d)(l), using
the formula in § 141.66(d)(2). Doses
must also be calculated and combined
for measured levels of tritium and
strontium to determine compliance.
§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 > 8.5)".
§141.71 [Amended]
5. Section 141.71 is amended as
follows:
a. In paragraph (a)(2) introductory text
remove the citation "§ 141.74(a)(4)" and
add in its place "§ 141.74(a)(l)" and
b. In paragraph (c)(2)(i) remove the
citation "§ 141.74(a)(4)" and add in its
place "§141.74(a)(l)".
§141.72 [Amended]
6. Section 141.72 is amended as
follows:
a. In paragraph (a)(3) remove the
citation "§ 141.74(a)(5)" and add in its
place "§ 141.74(a)(2)";
b. In paragraph (a)(4)(i) remove the
citation "§ 141.74(a)(5)" and add in its
place "§ 141.74(a)(2)" and remove the
citation "§ 141.74(a)(3)" and add in its
place "§ 141.74(a)(l)";
c. In paragraph (a)(4)(ii) remove the
citation "§ 141.74(a)(3)" and add hi its
place "§ 141.74(a)(l)";
d. In paragraph (b)(2) remove the
citation "§ 141.74(a)(5J" and add in its
place "§ 141.74(a)(2)";
e. In paragraph (b)(3)(i) remove the
citation "§141.74(a)(5)" and add in its
place "§ 141.74(a)(2)", remove the
citation "§ 141.74(a)(3)" and add in its
place "§ 141.74(a)(l)"; and
f. In paragraph (h)(3)(ii) remove the
citation "§ 141.74(a)(3) and add in its
place "§141.74(a)(l)".
§141.73 [Amended]
7. Section 141.73 is amended as
follows:
a. In paragraph (a)(l) remove both
citations "§141.74(a)(4j" and add in
their place "§ I4l.74(a)(l)";
b. In paragraph (a)(2) remove the
citation "§ 241.74(a)(4)" and add in its
place "§ 141.74(a)(l)";
c. In paragraph (a)(4) remove the date
"January 14, 2005" and add in its place
"January 1,2005";
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Federal Register/VoI. 69, No. 124/Tuesday, June 29, 2004/Rules and Regulations
d. In paragraph (b)(l) remove the
citation "§ I41.74(a)(4)" and add in its
place "§141.74(a)(l)";
e. In paragraph (b)[2) remove the
citation "§ 141.74(a)(4)" and add in its
place "§ 141. 74(a)(l)";
f. In paragraph [c)(l) remove the
citation "§ 141.74(a)(4)" and add in its
place "§ 141.74(a)(l)"; and
g. In paragraph (c)(2) remove the
citation "§ 141.74(a)(4)" and add in its
place "§141.74[a)[l)".
§141.74 [Amended]
8. Section 141.74 is amended as
follows:
a. In paragraph (b)(4)(ii) remove the
citation "§ 142.72(a)" and add in its
place "§ 141. 72(a)";
b. In paragraph (b)(6)(ii) remove the
citation "(a)(3)" and add in its place
c. In paragraph (c)(3)(i) remove the
citation "(a)(3)" and add in its place
d. hi paragraph (c)(3)(ii) remove the
citation "(a)(3)" and add in its place
»(!)".
§141.75 [Amended]
9. Section 141.75 is amended as
follows:
a. In paragraph (a)(2)(viii)(G) remove
the citation "§ 141.74(a)(3)" and add in
its place "§ 141.74(a)(l)"; and
b. In paragraph (b)(2)(iii)(G) remove
the citation "§ 141.74(a)(3)" and add in
its place "§ 141. 74(a)[l)".
10. Amend § 141.85 by adding
paragraphs (c)(2)(iii) (A) through (G) to
read as follows:
§ 1 41 .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.
§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 § 141.133 revise paragraph (a)(3)
to read as follows:
§141.133 Compliance requirements.
fol * * *
(3) If, during the first year of
monitoring under § 141.132, any
individual quarter's average will cause
the running annual average of that
system to exceed the MCL for total
trihaloniethanes, haloacetic acids (five),
or bromate; or the MRDL for chlorine or
chloramine, the system is out of
compliance at the end of that quarter.
§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 LA.(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).
*****
s 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 (LTlESWTR). 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
LTlESWTR (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 LTlESWTR
using technologies other than conventional,
direct, slow sand, or diatomaceous earth
filtration must meet turbidity limits set by
the primacy agency.
*****
16. Revise § 141.502 to read as follows:
§ 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.
§141.530 [Amended]
17. In § 141.530 in the second
sentence, revise "water systems" to read
"water system".
18. Amend § 141.531 by adding the
following sentence to the end of the
section, to read as follows:
§ 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 me table in paragraph (a)(2),
remove the "3" and add in its place "Z".
§ 141.534 How does my system use this
data to calculate an inactivation ratio?
Use the tables in § 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:
§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".
§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
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38857
b. In paragraph (c) remove "BTU" and 22. In § 141.570, revise paragraph
add in its place "NTU" in the first (b)(2) in the table to read as follows:
column of the table.
§141.570 What does subpart T require that
my system report to the State?
Corresponding requirement
Description of information to report
Frequency
(b) Individual Filter Turbidity Require-
ments (§§141.560-141.564).
(2) The filter 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.
By the 10th
month.
of the following
PART 142NATIONAL PRIMARY
DRINKING WATER REGULATIONS
IMPLEMENTATION
23. The authority citation for part 142
continues to read as follows:
Authority: 42 U.S.C. 300f, 300g-l, 30ug-2,
300g-3, 300g-4, 300g-5, 300g-6, 300J-4,
300J-9, and 300J-11.
§142.14 [Amended]
24. Section § 142.14 is amended as
follows:
a. In paragraph (d)(12)(iv) remove the
citation "§ 142.1610(2)" and add in its
place "§ 142.16(h)(2j"; and
b. In paragraph (d)(l 3) remove the
citation "§ 142.16(f)(5}" and add in its
place "§142.16(h)[5)".
§142.16 [Amended]
25. Section 142.16 is amended as
follows:
a. In paragraph (1)(2) remove the
citation "§ 142.16(e)(5)"and add in its
place "§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".
§142.62 [Amended]
26. Section 142.62(g)(2) is amended by
removing the citation "103.35" and add
in its place "165.110".
1FR Doc. 04-14604 Filed 6-28-04; 8:45 am]
SILLING CODE 6560-50-P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 031216314-3314-01; I.D.
0623O4A]
Rsheries Off West Coast States and in
the Western Pacific; Pacific Coast
Groundfish Fishery; Annual
Specifications and Management
Measures; Inseason Adjustments
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason adjustments to
management measures; request for
comments.
SUMMARY: NMFS announces changes to
the commercial limited entry fixed gear
primary season sablefish tier limits for
the Pacific Coast groundfish fishery.
These actions, which are authorized by
the Pacific Coast Groundfish Fishery
Management Plan [FMP), will allow
fisheries to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: Effective 0001 hours (local time)
June 29, 2004, until the 2005-06 annual
specifications and management
measures are effective; unless modified,
superseded, or rescinded through a
publication in the Federal Register.
Comments on this rule will be accepted
through July 28, 2004.
ADDRESSES: You may submit comments,
identified by (I.D. 062304A), by any of
the following methods:
E-mail:
Groundfishlnseason#4.nwi@noaa.gov.
Include the I.D. number in the subject
line of the message.
Federal eRulemaking Portal: http.7
/www.regulations.gov. Follow the
instructions for submitting comments.
Mail: D. Robert Lohn,
Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE,
Seattle, WA 98115-0070; or Rod
Mclnnis, Acting Administrator,
Southwest Region, NMFS, 501 West
Ocean Blvd. Suite 4200, Long Beach, CA
90802-4213.
Fax: 206-526-6736
FOR FURTHER INFORMATION CONTACT:
Jamie Goen (Northwest Region, NMFS),
phone: 206-526-6150; fax: 206-526-
6736; and e-mail: jamie.goen@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is
available on the Government Printing
Office's website at: www.gpoaccess.gov/
fr/index.html.
Background information and
documents are available at the NMFS
Northwest Region website at:
www.nwr.noaa.gov/1 sustfsh/
gdfsh01.htm and at the Pacific Fishery
Management Council's website at:
www.pcouncil. org.
Background
The Pacific Coast Groundfish FMP
and its implementing regulations at 50
CFR part 660, subpart G, regulate fishing
for over 80 species of groundfish off the
coasts of Washington, Oregon, and
California. Groundfish specifications
and management measures are
developed by the Pacific Fishery
Management Council (Pacific Council),
and are implemented by NMFS. The
specifications and management
measures for the 2004 fishing year
(January 1 - December 31, 2004) were
initially published in the Federal
Register as an emergency rule for
January 1 - February 29, 2004 (69 FR
1322, January 8, 2004), and as a
proposed rule for March 1 - December
31, 2004 (69 FR 1380, January 8, 2004).
The emergency rule was amended at 69
FR 4084, January 28, 2004, and the final
rule for March 1 - December 31, 2004,
was published in the Federal Register
on March 9, 2004 (69 FR 11064), and
subsequently amended at 69 FR 23440
(April 29, 2004), 69 FR 23667 (April 30,
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