UNREGULATED CONTAMINANT
MONITORING REGULATION
FOR PUBLIC WATER
SYSTEMS: ESTABLISHMENT OF
REPORTING DATE
DIRECT FINAL RULE
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Office of^Water (4060M)
EPA 816-Z-02-001
www.epa.qov/safewater
March 2002
Printed on Recylcled Paper
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Federal Register/Vol. 67, No. 48/Tuesday, March 12, 2002/Rules and Regulations
11043
[FRDoc. 02-5865 Filed 3-12-02; 8:45 am]
BILLING CODE 6560-50-P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
[FRL-7157-3]
Unregulated Contaminant Monitoring
Regulation for Public Water Systems;
Establishment of Reporting Date
AGENCY: Environmental Protection
Agency.
ACTION: Direct final rule.
SUMMARY: Today's direct final rule
establishes August 9, 2002, as a new,
later date by which large water systems
serving more than 10,000 persons must
report all contaminant monitoring
results they receive before May 13,
2002, for the Unregulated Contaminant
Monitoring Regulation (UCMR)
monitoring program. Monitoring results
received on or after May 13, 2002, must
be reported within thirty days> following
the month in which laboratory results
are received, as specified in the current
regulation for this program.
DATES: This rule is effective May 13,
2002, without further notice, unless
EPA receives adverse comment by April
11, 2002. If we receive such comment,
we will publish a timely withdrawal in
the Federal Register informing the
public that this rule will not take effect.
For judicial review purposes, this final
rule is promulgated as of 1:00 p.m. EST
on May 13, 2002, as provided in 40 CFR
23.7.
ADDRESSES: Please send an original and
three copies of your comments and
enclosures (including references) to
docket number W-00-01-IV, Comment
Clerk, Water Docket (MC4101), USEPA,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Due to
uncertainty of mail delivery in the
Washington, DC area, in order to ensure
that your comments are received, please
also send a separate, copy of your
comments to Greg Carroll, USEPA, 26
West Martin Luther King Drive, MC-
140, Cincinnati, Ohio 45268. Hand
deliveries should be delivered to EPA's
Water Docket at 401 M. St., SW., Room
EB57, Washington, DC. Commenters
who want EPA to acknowledge receipt
of their comments should enclose a self-
addressed, stamped envelope. No
facsimiles (faxes) will be accepted.
Comments may also be submitted
electronically to ow-
docket@epamail.epa.gov. Electronic '
comments must be submitted as a Word
Perfect (WP) WP5.1, WP6.1 or WPS file
or as an ASCII file, avoiding the use of
special characters and forms of
encryption. Electronic comments must
be identified by the docket number W-
00-01-IV. Comments and data will also
be accepted on disks in WP 5.1, 6.1, 8
or ASCII file format. Electronic
comments on this rule may be filed
online at many Federal Depository
Libraries.
The record for this rulemaking has
been established under docket number
W-00-01-IV and includes supporting
documentation as well as printed, paper
versions of electronic comments. The
record is available for inspection from 9
to 4 p.m., Monday through Friday,
excluding legal holidays, at the Water
Docket, EB 57, USEPA Headquarters,
401 M St., SW., Washington, DC. For
access to docket materials, please call
202/260-3027 to schedule an
appointment.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Bryan (202) 564-3942, Drinking
Water Protection Division, Office of
Ground Water and Drinking Water (MC-
4606-M), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue,
NW., Washington DC 20460. General
information about UCMR may be
obtained from the EPA Safe Drinking
Water Hotline at (800) 426-4791. The
Hotline operates Monday through
Friday, excluding Federal holidays,
from 9 a.m. to 5:30 p.m. ET.
SUPPLEMENTARY INFORMATION:
Potentially Regulated Entities
The regulated entities are public
water systems. All large community and
non-transient non-community water
systems serving more than 10,000
persons are required to monitor and
report under the UCMR. A community
water system (CWS) means a public
water system which serves at least 15
service connections used by year-round
residents or regularly serves at least 25
year-round residents. Non-transient
non-community water system
(NTNCWS) means a public water system
that is not a community water system •
and that regularly serves at least 25 of
the same persons over 6 months per
year. This rule does not apply to
systems serving 10,000 or fewer persons
that were randomly selected to
participate in the unregulated
contaminant monitoring program, since
EPA arranges for testing and reporting
for those systems. States, Territories,
and Tribes, with primacy to administer
the regulatory program for public water
systems under the Safe Drinking Water
Act, sometimes conduct analyses to
measure for contaminants in water
samples and are regulated by this
action. Categories and entities
potentially regulated by this action
include the following:
Category
State, Territorial and Tribal
Governments.
Industry
Municipalities
Examples of potentially regulated entities
States, Territories, and Tribes that analyze water samples on behalf of public water systems re-
quired to conduct such analysis; States, Territories, and Tribes that themselves operate commu-
nity and non-transient non-community water systems required to monitor.
Private operators of community and non-transient non-community water systems required to monitor
Municipal operators of community and non-transient non-community water systems required to mon-
itor.
NAICS
924110
221310
924110
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 of that could potentially be
regulated by this action. Other types of
entities not listed in the table could also
be regulated. 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.
I. Statutory Authority
SDWA section 1445 (a)(2), as
amended in 1996, requires EPA to
establish criteria for a program to
monitor unregulated contaminants and
to issue, by August 6, 1999, a list of
contaminants to be monitored. In-
fulfillment of this requirement, EPA
published Revisions to the UCMR for
public water systems on September 17,
1999 (66 FR 46221), March 2, 2000 (65
FR 11372), and January 11, 2001 (66 FR
2273), which included lists of
contaminants for which monitoring was
required or would be required in the
future. On September 4, 2001 (56 FR
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11044
Federal Register/Vol. 67, No. 48/Tuesday, March 12, 2002/Rules and Regulations
46221), EPA published a rule delaying
requirements for reporting of
unregulated contaminant monitoring
results until its electronic reporting
system was ready to accept data. This
rule provides the new reporting
deadline.
II. Background
Today's action establishes August 9,
2002, as a new, later date by which all
unregulated contaminant monitoring
results received before May 13, 2002,
must be reported to EPA. All monitoring
results received on or after May 13,
2002, must be reported within thirty
days following the month in which
laboratory results are received, as
currently specified in 40 CFR 141.35.
Today's rule to establish the reporting
date will not result in a major burden
or impact on any affected party. Prior
dates had been established in previous
rules promulgated on September 17,
1999 (64 FR 50556), and January 11,
2001 (66 FR 2273), but changed because
the EPA database was not ready to
receive the data. The reporting date was
delayed by rule on September 4, 2001
(66 FR 46221), to allow the initial
version of the database to be completed
and tested before operation. The
database has now been in operation
since October 1, 2001, and has been
receiving data from water systems. Data
resulting from unregulated contaminant
monitoring and sample analysis
received before May 13, 2002, must be
reported by August 9, 2002. The
establishment of this reporting date only
affects community and non-transient
non-community water systems serving
more than 10,000 persons which are
required to monitor for unregulated
contaminants and report monitoring
data to EPA.
HI. Costs and Benefits of the Rule
Today's amendment to the UCMR
does not require any additional costs
that were not already considered in
previous rulemakings related to this
action. The only reason that the
reporting date is being established in
this rule at this time is that the
previously established dates could not
be implemented because the EPA
database was not ready to receive the
data. Through the public comment on
the January 11, 2001 rulemaking for this
program, commenters indicated that
EPA should not require reporting of
unregulated contaminant monitoring
results until the database was ready.
That database is now ready and has
been receiving such data as of October
1, 2001.
IV. 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:
(a) 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;
(b) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(c) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(d) 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,
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:
(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 E.O. 13045 because it is
not "economically significant" under
EO 12866; nor does it concern an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children.
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 a'dopted.
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. The rule imposes no
additional 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
revisions to the Unregulated
Contaminant Monitoring Rule (64 FR
50556, September 17,1999; 65 FR
11372, March 2, 2000; and 66 FR 2273,
January 11, 2001). This rule merely
establishes a new, later date by which
unregulated contaminant monitoring
results received by large systems serving
more than 10,000 persons before May
13, 2002, must be reported. Thus,
today's rule is not subject to the
requirements of sections 202 and 205 of
the UMRA.
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Federal Register/Vol. 67, No. 48/Tuesday, March 12, 2002/Rules and Regulations
11045
EPA has determined that this final
rule contains no regulatory
requirements that might significantly or
uniquely affect small governments
because this rule does not apply to
small systems (i.e., systems serving a
population of 10,000 or less), including
those owned and operated by small
governments. Thus today's rule is not
subject to the requirements of section
203ofUMRA.
D. Paperwork Reduction Act
This action does not impose any new
information collection .burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et.seq. This rule
makes a minor revision to the
Unregulated Contaminant Monitoring
Rule to establish a new, later reporting
deadline. Burden means the total time,
effort, or financial resources expended
by persons to generate, maintain, retain,
or disclose or provide information to or
for a Federal agency. This includes the
time needed to review instructions;
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA's regulations 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 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. sees. 601(3)—(5). In addition to
the above, to establish an alternative
small business definition, agencies must
consult with the Small Business
Administration's (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. In accordance with the RFA
requirements, EPA proposed using this
alternative definition for all three
categories of small entities in the
Federal Register, (63 FR 7620, February
13, 1998) requested public comment,
consulted •with SBA regarding the
alternative definition as it relates to
small businesses, and expressed its
intention to use the alternative
definition for all future drinking water
regulations 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.
After considering the economic
impacts of today's 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 a minor revision to the
UCMR and imposes no additional
enforceable duty on any State, local or
Tribal governments or the private sector.
It merely establishes a new, later date by
which unregulated contaminant
monitoring results received by large
systems serving more than 10,000
persons before May 13, 2002, must be
reported.
F. National Technology Transfer and
Advancement Act
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.
EPA's use of voluntary consensus
standards in the UCMR program and
approval of Method 515.4 were
addressed in the September 1999 and
January 2001 rulemakings (64 FR 50608
and 66 FR 2298). This action does not
involve technical standards. Therefore,
EPA did not consider the use of any
voluntary consensus standards.
G. Executive Order 12898—
Environmental Justice Strategy
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
lowrincome populations. Today's rule
makes a minor change to the UCMR,
and does not alter the regulatory impact
of those regulations.
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 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
merely makes a minor change to the
UCMR, establishing a new, later date by
which unregulated contaminant
monitoring results received by large
systems serving more than 10,000
persons before May 13, 2002, must be
reported. The rule imposes no cost on
State and local governments, and does
not preempt State law. Thus, Executive
Order 13132 does not apply to this rule.
I. Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
"Consultation and Coordination with
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11046
Federal Register/Vol. 67, No. 48/Tuesday, March 12, 2002/Rules and Regulations
Indian Tribal Governments" (65 FR
67249, November 6, 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 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 merely makes a minor
change to the UCMR establishing a new,
later date by which unregulated
contaminant monitoring results received
by largo systems serving more than
10,000 persons before May 13, 2002,
must be reported. The rule imposes no
cost on Tribal governments and does not
pre-empt Tribal law. Thus, Executive
Order 13175 does not apply to this rule.
/. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
Executive Order 13211, "Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use" (66 FR 28355 (May
22, 2001)), provides that agencies shall
prepare and submit to the Administrator
of tne Office of Information and
Regulatory Affairs, Office of
Management and Budget, a Statement of
Energy Effects for certain actions
identified as "significant energy
actions." Section 4(b) of Executive
Order 13211 defines "significant energy
actions" as "any action by an agency
(normally published in the Federal
Register) that promulgates or is
expected to lead to the promulgation of
a final rule or regulation, including
notices of inquiry, advance notices of
proposed rulemaking, and notices of
proposed rulemaking: (l)(i) That is a
significant regulatory action under
Executive Order 12866 or any successor
order, and (ii) is likely to have a
significant adverse effect on the supply,
distribution, or use of energy; or (2) that
is designated by the Administrator of
the Office of Information and Regulatory
Affairs as a significant energy action."
This rule is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
K. Administrative Procedure Act
EPA is publishing this rule without
prior proposal because it views this as
a noncontroversial amendment and
anticipates no adverse comment. EPA
does not anticipate adverse comment
because this rule merely establishes a
new, later reporting deadline for UCMR
data collected before May 13, 2002.
However, in the "Proposed Rule"
section of today's Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal for this rule if adverse
comments are filed. This rule will be
effective on May 13, 2002, without
further notice unless EPA receives
adverse comment by April 11, 2002. If
EPA receives adverse comment, it will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
companion proposed rule published
elsewhere in today's Federal Register.
EPA will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time.
L. 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 May 13, 2002.
List of Subjects in 40 CFR Part 141
Environmental protection, Chemicals,
Indian lands, Intergovernmental
relations, Radiation protection,
Reporting and recordkeeping
requirements, Water supply.
Dated: March 7, 2002.
Christine Todd Whitman,
Administrator.
For the reasons set out in the
preamble, title 40, chapter 1 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. 300JF, 300g-l, 300g-2,
300g-3, 300g-4, 300g-5, 300g-6, 300J-4,
300J-9, and 300J-11.
2. Section 141.35 is amended by
revising the last sentence of paragraph
(c) to read as follows:
§ 141.35 Reporting of unregulated
contaminant monitoring results.
*****
(c) * * * Exception: Reporting to EPA
of monitoring results received by public
water systems prior to May 13, 2002,
must occur by August 9, 2002.
*****
[FR Doc. 02-6016 Filed 3-11-02; 8:45 am]
BILLING CODE 6560-50-P
FEDERAL EMERGENCY
MANAGEMENT AGENCY
44 CFR Part 65
Changes in Flood Elevation
Determinations
AGENCY: Federal Emergency
Management Agency, FEMA.
ACTION: Final rule.
SUMMARY: Modified base (1% annual
chance) flood elevations are finalized
for the communities listed below. These
modified elevations will be used to
calculate flood insurance premium rates
for new buildings and their contents.
EFFECTIVE DATES: The effective dates for
these modified base flood elevations are
indicated on the following table and
revise the Flood Insurance Rate Map(s).
(FBRMs) in effect for each listed
community prior to this date.
ADDRESSES: The modified base flood
elevations for each community are
available for inspection at the office of
the Chief Executive Officer of each
community. The respective addresses
are listed in the following table.
FOR FURTHER INFORMATION CONTACT:
Matthew B. Miller, P.E., Chief, Hazards
Study Branch, Federal Insurance and
Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
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