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SUMMARY: EPA is re-opening the
comment period of a proposed rule that
the Agency published on September 15,
2008. The proposed rule solicited public
comment on the Agency's proposal to
remove from the Code of Federal
Regulations a rule that EPA
promulgated in 1996 making provisions
of the federal antidegradation policy
directly applicable for all waters of the
United States within the
Commonwealth of Pennsylvania. EPA is
re-opening the comment period for the
proposed rule to ensure all parties have
adequate opportunity to express their
views to the Agency prior to taking final
action on the proposed rule. The
original comment period for the
proposed rule closed on October 15,
2008. In a separate action published in
today's final rule section of the Federal
Register, EPA is withdrawing a direct
final rule that EPA also published on
September 15, 2008, removing the
federal regulation that made provisions
of EPA's antidegradation policy directly
applicable to waters in Pennsylvania.
DATES: The comment period for the
proposed rule published at 73 FR 53178,
on September 15, 2008 is now re-
opened and will close on December 15,
2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA-HQ-OW-2007-0093. All
documents in the docket are listed on
the http://www.regulations.gov Web
site. Although listed on the Web site,
some information is not publicly
available, e.g., 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 through
http://www.regulations.gov or in hard
copy at the OW docket Center. This
docket Facility is open from 8:30 a.m.
until 4:30 p.m., Monday through Friday,
excluding legal holidays. The Docket
telephone number is (202) 566-2426,
and the Docket address is OW Docket,
EPA West, Room 3334, and 1301
Constitution Avenue, NW., Washington,
DC 20004. 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.
FOR FURTHER INFORMATION CONTACT:
Caroline Whitehead at U.S. EPA
Headquarters, Office of Water (4305T),
1200 Pennsylvania Ave, NW.,
Washington, DC 20460 (telephone: 202-
566-2907, fax: 202-566-0409 or e-mail:
whitehead.caroline@epa.gov) or Denise
Hakowski at U.S. EPA Region 3,
(3WP30) 1650 Arch Street, Philadelphia,
Pennsylvania 19103 (telephone: 215-
814-5726, fax: 215-814-2318 or e-mail:
hakowski.denise@epa .gov).
SUPPLEMENTARY INFORMATION:
I. Potentially Affected Entities
Citizens concerned with water quality
in Pennsylvania may be interested in
this rulemaking. Entities discharging
pollutants to the surface waters of
Pennsylvania could be indirectly
affected by this rulemaking since water
quality standards are used in
determining National Pollutant
Discharge Elimination System (NPDES)
permit limits.
Categories and entities which may
ultimately be affected include:
Category
Industry
Municipalities
Examples of potentially
affected entities
Industries discharging pollut-
ants to surface waters in
Pennsylvania.
Publicly-owned treatment
works discharging pollut-
ants to surface waters in
Pennsylvania.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding NPDES-regulated
entities likely to be affected by this
action. This table lists the types of
entities that EPA is now aware could
potentially be affected by this action.
II. Today's Action
As EPA explained in its September
15, 2008 notices (73 FR 53140 and 73
FR 53178), EPA proposed to remove the
federal regulation that made provisions
of the federal antidegradation policy
directly applicable in Pennsylvania.
EPA proposed to remove the federal rule
because Pennsylvania now has an EPA-
approved antidegradation policy
meeting the federal requirements at 40
CFR 131.12. Therefore, the federal
antidegradation regulation promulgated
by EPA for Pennsylvania is no longer
needed. On September 15, EPA
published a direct final rule to remove
the federal regulation at 40 CFR 131.32.
EPA has determined that additional
opportunity for public comment would
be beneficial. Therefore, EPA is re-
opening the comment period of the
proposed rule (73 FR 53178; September
15, 2008) to ensure all parties have
adequate opportunity to express their
views to the Agency prior to EPA taking
final action regarding removal of the
federal regulation at 40 CFR 131.32. In
a separate action today, EPA is
withdrawing the direct final rule (73 FR
53140; September 15, 2008).
List of Subjects in 40 CFR Part 131
Environmental protection,
Antidegradation, Water quality
standards.
Dated: November 6, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-27209 Filed 11-13-08; 8:45 am]
BILLING CODE 6560-50-P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 141 and 143
[EPA-HQ-OW-2008-0644; FRL-8740-5]
RIN 2040-AFOO
National Primary Drinking Water
Regulations: Minor Correction to Stage
2 Disinfectants and Disinfection
Byproducts Rule and Changes in
References to Analytical Methods
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: In this action, EPA is
proposing to make a minor correction to
the Stage 2 Disinfectants and
Disinfection Byproducts Rule (DBPR)
and make minor, unrelated, changes in
references to expedited, alternative
methods and other analytical methods
in the regulations. EPA promulgated the
Stage 2 Disinfectants and Disinfectant
Byproducts Rule on January 4, 2006. A
requirement for ground water systems
serving 500-9,999 people was
unintentionally excluded from the final
rule. As a result, the rule allowed for
less routine compliance monitoring than
intended for this category of Public
Water Systems (PWSs). These PWSs
should have been required to monitor
for both total trihalomethanes (TTHM)
and haloacetic acids (HAAS)
concentrations at two locations. Due to
the error, they were only required to
monitor for either TTHM or HAAS at
two locations. EPA is also proposing to
make minor, unrelated changes in the
CFR by adding references to the list of
methods approved under the Expedited
Approval Process, removing references
to outdated methods, and specifying a
new source for the publication titled
Technical Notes on Drinking Water
Methods.
DATES: Comments must be received on
or before January 13, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA-HQ-
OW-2008-0644, by one of the following
methods:
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67457
• wwTv.regu7ations.gOF; Follow the
on-line instructions for submitting
comments.
• Mail: Water Docket, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA
Headquarters, West Building, Room
3334, 1301 Constitution Avenue, NW.,
Washington, DC. Such deliveries are
only accepted during the Docket's
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA-HQ-OW-2008-
0644. EPA's policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov V\!eb
site is an "anonymous access" system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov your e-
mail address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD—ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA's public docket visit the EPA
Docket Center homepage at http://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to Unit I.B of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the wwrv.regu7atioris.gOF
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Water Docket, EPA/DC, EPA West,
Room 3334, 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.
FOR FURTHER INFORMATION CONTACT: For
information concerning the Stage 2
DBPR minor correction contact Thomas
Grubbs, Standards and Risk
Management Division, Office of Ground
Water and Drinking Water, M/C 460 7M,
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone
number (202) 564-5262; e-mail address
grubbs.thomas@epa.gov. For
information concerning the methods
reference update in the CFR contact
Patricia Fair, Standards and Risk
Management Division, Technical
Support Center, Office of Ground Water
and Drinking Water, M/C 140, 26 West
Martin Luther King Drive, Cincinnati,
Ohio 45268; telephone number (513)
569-7937; e-mail address
fair.pat@epa.gov. For general
information, contact the Safe Drinking
Water Hotline, telephone number: (800)
426-4791. The Safe Drinking Water
Hotline is open Monday through Friday,
excluding legal holidays, from 10 a.m.
to 4 p.m. Eastern time.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
Entities potentially regulated by this
regulation are public water systems
(PWSs). A public water system, as
defined by section 1401 of the Safe
Drinking Water Act (SDWA), is "a
system for the provision to the public of
water for human consumption through
pipes or other constructed conveyances,
if such system has at least fifteen service
connections or regularly serves at least
twenty-five individuals." EPA defines
"regularly served" as receiving water
from the system 60 or more days per
year. Categories and entities potentially
regulated by this action include the
following:
Category
State, Tribal
Federal Gov
Industry
and Local Government
ernment
Examples of potentially regulated entities
State, Tribal or local government-owned/operated water supply systems using ground water,
surface water or mixed ground water and surface water.
Federally owned/operated community water supply systems using ground water, surface water
or mixed ground water and surface water.
Privately owned/operated community water supply systems using ground water, surface water
or mixed ground water and surface water.
This table is not intended to be an
exhaustive list, 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
definition of "public water system" in
§ 141.2, the section entitled "Coverage"
(§ 141.3), and the sections entitled
"General requirements" (§§ 141.600 and
141.620) in Title 40 of the Code of
Federal Regulations and applicable
criteria in §§ 141.605, and 141.621 of
today's proposal. 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.
B. What Comments Will Be Considered?
The public is invited to submit
comments on the proposed changes to
the regulations discussed in this notice,
namely, the minor correction to the
Stage 2 DBPR, the addition of cross
references (to expedited methods) to
Appendix A to subpart C of part 141 in
the CFR, and the specific deletion of
references to outdated methods in the
CFR. EPA does not solicit and will not
respond in this rulemaking to any
comments on any other issues. In
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particular, comments will not be
responded to regarding the Stage 2
DBPR itself, the expedited method
approval process, specific methods
approved in the expedited process, or
the outdated methods or any specific
regulations regarding the outdated
methods.
C. Proposed Minor Correction to the
Stage 2 Disinfection and Disinfectant
Byproduct Rule (DBPR)
Today's proposal corrects the
monitoring frequency for one category
of public water systems (community
water systems (CWSs) and nontransient
noncommunity (NTNCWSs) serving
500-9,999 people) to correct an error
introduced when the tables were
modified prior to publication of the
final rule. EPA had modified the tables
(in 40 CFR 141.605 and 141.621) in
order to move all footnotes into the
column headers and out of the
individual cells. In combining and
rewriting the footnote, EPA
inadvertently modified the monitoring
requirements for ground water systems
serving 500-9,999 people. As discussed
in the preamble to the final rule (page
429, USEPA 2006), "EPA also believes
that more samples are necessary to
characterize larger systems (as defined
by population) than for smaller
systems." EPA intended for those
systems to monitor at a frequency that
was twice the frequency required for
ground water systems serving fewer
than 500 people, taking two dual sample
sets (each consisting of TTHM and
HAAS samples) rather than single
TTHM and HAAS samples. However,
the footnotes to the monitoring tables in
the preamble as well as the regulatory
language are incorrect as they do not
reflect EPA's intended monitoring
requirement for these ground water
systems (page 427, USEPA 2006). EPA
is proposing to correct the regulatory
footnotes. The monitoring for these
small systems is not required to begin
until the year 2012 or 2013 (page 415,
USEPA 2006).
In the Stage 2 DBPR Economic
Analysis (USEPA, 2005a) and in the
Information Correction Rule Supporting
Statement (Page 52, USEPA 2005b), EPA
based the estimate of burden for these
systems using the intended monitoring
frequency. Population-based monitoring
is discussed at length in the final Stage
2 DBPR (page 429, USEPA, 2006a) and
the additional costs for monitoring by
ground water systems serving 500-9,999
people are included (page 456, USEPA,
2006a). EPA is not developing a new
economic analysis for this proposal
because the existing economic analysis
accounts for all costs associated with
this proposal.
D. Changes Related to Analytical
Methods
1. Cross-References to Appendix A to
SubpartC of Part 141
When EPA determines that an
alternative analytical method is
"equally effective" (i.e., as effective as a
method that has already been
promulgated in the regulations), the
Safe Drinking Water Act (SDWA) allows
EPA to approve the use of the
alternative method through publication
in the Federal Register. Section 1401(1)
of SDWA states that the newly approved
methods "shall be treated as an
alternative for public water systems to
the quality control and testing
procedures listed in the regulation."
EPA approved the first set of alternative
methods using this authority in a
Federal Register action published on
June 3, 2008 (73 FR 31616) (USEPA
2008). As part of that action, EPA added
an appendix (Appendix A) to the
regulations at 40 CFR Part 141, which
lists the newly approved methods.
The current Part 141 drinking water
regulations do not indicate that
additional approved methods are
available and are listed in an appendix.
Therefore, EPA is proposing to amend
the regulations at each section that lists
approved analytical methods to add
cross references to Appendix A to
subpart C of part 141. This will make
public water systems, laboratories, and
States more aware of the alternative
methods. References to the appendix are
proposed to be added at the following
places:
—Section 141.21(f)(3) and (f)(6)
—Section 141.23(k)(l)
—Section 141.24(e)
—Section 141.25(a)
—Section 141.74(a)(l) and (a)(2)
—Section 141.131(b)(l), (c)(l), and (d)
—Section 141.402(c)(2)
—Section 141.704(a) and (b)
—Section 143.4(b)
2. Removal of Methods That Are No
Longer Approved
When the arsenic maximum
contaminant level (MCL) was revised to
0.010 mg/L, some of the analytical
methods that were previously approved
for analyzing samples for arsenic were
no longer sensitive enough to determine
compliance. EPA added footnote 15 to
the table at 40 CFR 141.23(k)(l) to
indicate that use of these methods
would not be allowed after January 23,
2006. EPA is now proposing to update
the listing of approved arsenic methods
to remove methods that are no longer
allowed (EPA 200.7, SM 3120 B and SM
3120 B-99). EPA is also proposing to
revise footnotes 13 and 14 to the table
to paragraph (k)(l) to remove references
to methods that are no longer approved
to determine arsenic. EPA also proposes
that Footnote 15 be removed and the
number reserved for future use.
Paragraph (e)(2) of 40 CFR 141.24 lists
methods that were approved for use
until June 1, 2001. Since these methods
are no longer approved, EPA proposes
to remove the paragraph. EPA is also
proposing to remove footnote 1 to the
table at 40 CFR 141.24(e)(l) because it
refers to 40 CFR 141.24(e)(2). Footnote
1 would be reserved for future use. The
header to the table would be revised to
remove the reference to footnote 1.
3. Source for Obtaining Copies of
Technical Notes on Drinking Water
Methods, EPA-600/R-94-173, October
1994
This document is now available at no
cost from the National Service Center
for Environmental Publications
(NSCEP), P.O. Box 42419, Cincinnati,
OH 45242-0419 or http://www.epa.gov/
nscep/. EPA is proposing to update the
following regulations to reflect this new
information:
—Section 141.23(k)(l)
—Section 141.74(a)(l)
—Section 143.4(b)
II. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a "significant
regulatory action" under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review? under the EO.
B. Paperwork Reduction
This action does not impose any new
information collection burden. In this
action, EPA is proposing to make a
minor correction to the Stage 2 DBPR,
add references in the Code of Federal
Regulations (CFR) to the list of methods
approved under the Expedited Approval
Process, remove references to outdated
methods in the CFR and specify a new
source for the publication titled
Technical Notes on Drinking Water
Methods. However, the Office of
Management and Budget (OMB) has
previously approved the information
collection requirements contained in the
Stage 2 DBPR existing regulations at 40
CFR 141 under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB
control number (number 2040-0265).
The OMB control numbers for EPA's
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67459
regulations in 40 CFR are listed in 40
CFR part 9. There is no burden
associated with regard to the minor,
editorial changes in references to
analytical methods in the CFR. This
action does not impose any new
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 etseq.
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 governmental
jurisdictions.
The RFA provides default definitions
for each type of small entity. Small
entities are defined as: (1) A small
business as defined by the Small
Business Administration's (SBA)
regulations at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any "not-for-
profit enterprise which is independently
owned and operated and is not
dominant in its field." However, the
RFA also authorizes an agency to use
alternative definitions for each category
of small entity, "which are appropriate
to the activities of the agency" after
proposing the alternative definition(s) in
the Federal Register and taking
comment. 5 U.S.C. 601(3)-(5). In
addition, to establish an alternative
small business definition, agencies must
consult with SBA's Chief Counsel for
Advocacy.
For purposes of assessing the impacts
of today's rule on small entities, EPA
considered small entities to be public
water systems (PWS) serving 10,000 or
fewer persons. As required by the RFA,
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 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.
After considering the economic
impacts of today's proposed rule on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. This proposed correction does
not impose any new costs or burdens on
PWSs. The ground water system
monitoring costs were accounted for
and detailed in the Stage 2 DBPR
Economic Analysis and summarized in
the preamble of the Stage 2 DBPR
(USEPA, 2006a). A copy of Stage 2
DBPR and the final rule's Economic
Analysis can be found in the Docket for
this proposed rule.
We continue to be interested in the
potential impacts of the proposed rule
on small entities and welcome
comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
This action contains no Federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531-
1538 for State, local, or tribal
governments or the private sector. This
rule proposes a minor correction to the
Stage 2 DBPR and minor, editorial
changes in references to analytical
methods in the Code of Federal
Regulations. Therefore, this proposed
rule is not subject to the requirements
of sections 202 or 205 of UMRA.
This rule is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. As
previously stated, this rule proposes a
minor correction to the Stage 2
Disinfectants and Disinfection
Byproducts Rule (DBPR) and minor,
editorial changes in references to
analytical methods in the Code of
Federal Regulations; actions that will
not significantly or uniquely affect small
governments.
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 proposed 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. This rule
proposes a minor correction to the Stage
2 DBPR and minor, editorial changes in
references to analytical methods in the
Code of Federal Regulations. The Stage
2 DBPR (USEPA 2006) states that the
final rule will not have federalism
implications and, with regard to the
minor, editorial changes to references of
analytical methods in the Code of
Federal Regulations, those changes
when finalized will not impose
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. Thus, Executive
Order 13132 does not apply to this 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 solicits comment on this
proposed rule from State and local
officials.
F. Executive Order 13175
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). This rule proposes a minor
correction to the Stage 2 DBPR and
minor, editorial changes in references to
analytical methods in the Code of
Federal Regulations, actions that will
not have tribal implications. Thus,
Executive Order 13175 does not apply
to this action.
EPA specifically solicits additional
comment on this proposed action from
tribal officials.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets EO 13045 (62 FR
19885, April 23, 1997) as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5-501 of
the EO has the potential to influence the
regulation. This action is not subject to
EO 13045 because it does not establish
an environmental standard intended to
mitigate health or safety risks.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 18355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
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I. National Technology Transfer and
Advancement Act
Section I2(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 proposed rulemaking does not
propose technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards.
/. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. This rule proposes a
minor correction to the Stage 2 DBPR
and minor, editorial changes in
references to analytical methods in the
Code of Federal Regulations. These
proposed actions will not have a
disproportionately high and adverse
human health or environmental effects
on any population, including any
minority or low-income population.
References
USEPA. 2005a. Economic Analysis for the
Final Stage 2 Disinfectants and
Disinfection Byproducts Rule.
Washington, DC. EPA 815-R-05-010.
USEPA. 2005b. Information Collection
Request for National Primary Drinking
Water Regulations: Final Stage 2
Disinfectants and Disinfection
Byproducts Rule. Washington, DC. EPA
815-Z-05-002.
USEPA. 2006. National Primary Drinking
Water Regulations: Stage 2 Disinfectants
and Disinfection Byproducts Rule. EPA
815-Z-06-002. 71 FR 4644. lanuary 4,
2006.
USEPA. 2008. Expedited Approval of
Alternative Test Procedures for the
Analysis of Contaminants Under the Safe
Drinking Water Act; Analysis and
Sampling Procedures. 73 FR 17902. lune
3, 2008.
List of Subjects
40 CFRPart 141
Environmental protection, Chemicals,
Indians—lands, Intergovernmental
relations, Radiation protection,
Reporting and recordkeeping
requirements, Water supply.
40 CFR Part 143
Chemicals, Indians—lands, Water-
supply.
Dated: November 6, 2008.
Stephen L. Johnson,
Administrator.
For the reasons set forth in the
preamble, Title 40 chapter I of the Code
of Federal Regulations is proposed to be
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, 300J-4,
300J-9, and 300J-11.
2. Section 141.21 is amended by
revising the introductory text preceding
the table in paragraph (f)(3) and
paragraph (f)(6) to read as follows:
§141.21 Coliform sampling.
(f) * * *
(3) Public water systems must
conduct total coliform analyses in
accordance with one of the analytical
methods in the following table or one of
the alternative methods listed in
Appendix A to subpart C of this part.
A A A A A
(6) Public water systems must
conduct analysis of Escherichia coli in
accordance with one of the following
analytical methods or one of the
alternative methods listed in Appendix
A to subpart C of this part.
A A A A A
3. Section 141.23 is amended as
follows by:
a. Revising the text preceding the
table in paragraph (k)(l);
b. Revising entry 3 in the table to
paragraph (k)(l);
c. Revising footnotes 13 and 14 to the
table to paragraph (k)(l); and
d. Removing and reserving footnote
15 to the table to paragraph (k)(l).
§ 141.23 Inorganic chemical sampling and
analytical requirements.
(k) * * *
(1) Analysis for the following
contaminants shall be conducted in
accordance with the methods in the
following table, or the alternative
methods listed in Appendix A to
subpart C of part 141, or their equivalent
as determined by EPA. Criteria for
analyzing arsenic, barium, beryllium,
cadmium, calcium, chromium, copper,
lead, nickel, selenium, sodium, and
thallium with digestion or directly
without digestion, and other analytical
test procedures are contained in
Technical Notes on Drinking Water
Methods, EPA-600/R-94-173, October
1994. This document is available from
the National Service Center for
Environmental Publications (NSCEP),
P.O. Box 42419, Cincinnati, OH 45242-
0419 or http://www.epa.gov/nscep/.
Contaminant
Methodology1
EPA
ASTM3
SM4
(18th, 19th
ed.)
SM4
(20th ed.)
SM Online22
Other
3. Arsenic14 ICP-Mass Spectrometry 2200.8
Atomic Absorption; Platform .... 2200.9
Atomic Absorption; Furnace 02972-97,03
C.
Hydride Atomic Absorption 01972-97,03
B.
3113 B 3113 B-99.
3114 B 3114 B-97.
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Federal Register/Vol. 73, No. 221/Friday, November 14, 2008/Proposed Rules
67461
Contaminant
Methodology1
EPA
ASTM3
SM4
(18th, 19th
ed.)
SM4
(20th ed.)
SM Online22
Other
2 "Methods for the Determination of Metals in Environmental Samples—Supplement I," EPA/600/R-94/111, May 1994. Available at NTIS,
PB95-125472.
3 Annual Book of ASTM Standards, 1994, 1996, 1999, or 2003, Vols. 11.01 and 11.02, ASTM International; any year containing the cited
version of the method may be used. The previous version of D1688-95A, D1688-95C (copper), D3559-95D (lead), D1293-95 (pH), D1125-91A
(conductivity) and D859-94 (silica) are also approved. These previous versions D1688-90A, C; D3559-90D, D1293-84, D1125-91A and D859-
88, respectively are located in the Annual Book of ASTM Standards, 1994, Vol. 11.01. Copies may be obtained from ASTM International, 100
Barr Harbor Drive, West Conshohocken, PA 19428.
4 Standard Methods for the Examination of Water and Wastewater, 18th edition (1992), 19th edition (1995), or 20th edition (1998). American
Public Health Association, 1015 Fifteenth Street, NW., Washington, DC 20005. The cited methods published in any of these three editions may
be used, except that the versions of 3111 B, 3111 D, 3113 B and 3114 B in the 20th edition may not be used.
13 Because MDLs reported in EPA Methods 200.7 and 200.9 were determined using a 2xpreconcentration step during sample digestion, MDLs
determined when samples are analyzed by direct analysis (i.e., no sample digestion) will be higher. For direct analysis of cadmium by Method
200.7, sample preconcentration using pneumatic nebulization may be required to achieve lower detection limits. Preconcentration may also be
required for direct analysis of antimony, lead, and thallium by Method 200.9; antimony and lead by Method 3113 B; and lead by Method D3559-
90D, unless multiple in-furnace depositions are made.
14 If ultrasonic nebulization is used in the determination of arsenic by Method 200.8, the arsenic must be in the pentavalent state to provide
uniform signal response. For direct analysis of arsenic with Method 200.8 using ultrasonic nebulization, samples and standards must contain 1
mg/L of sodium hypochlorite.
15 [Reserved].
*******
22 Standard Methods Online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard
Methods Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be
used.
4. Section 141.24 is amended by:
a. Revising paragraph (e) introductory
text;
b. Removing and reserving footnote 1
to the table to paragraph (e)(l); and
c. Removing and reserving paragraph
§ 1 41 .24 Organic chemicals, sampling and
analytical requirements.
A A A A A
(e) Analyses for the contaminants in
this section shall be conducted using
the methods listed in the following
table, or the alternative methods listed
in Appendix A to subpart C of this part,
or their equivalent as determined by
EPA.
(1) * * *
Contaminant
EPA method
Standard
methods
ASTM
Other
1 [Reserved].
5. Section 141.25 is amended by
revising the introductory text preceding
the table to read as follows:
§ 141.25 Analytical methods for
radioactivity.
(a) Analysis for the following
contaminants shall be conducted to
determine compliance with § 141.66
(radioactivity) in accordance with the
methods in the following table, or the
alternative methods listed in Appendix
A to subpart C this part, or their
equivalent determined by EPA in
accordance with § 141.27.
§141.74 [Amended]
6. Section 141.74 is amended by
revising the introductory text preceding
the tables in paragraphs (a)(l) and (a)(2)
to read as follows:
§ 141.74 Analytical and monitoring
requirements.
(a) * * *
(1) Public water systems must
conduct analysis of pH and temperature
in accordance with one of the methods
listed at § 141.23(k)(l). Public water
systems must conduct analysis of total
coliforms, fecal coliforms, heterotrophic
bacteria, and turbidity in accordance
with one of the following analytical
methods or one of the alternative
methods listed in Appendix A to
subpart C of this part and by using
analytical test procedures contained in
Technical Notes on Drinking Water
Methods, EPA-600/R-94-173, October
1994. This document is available from
the National Service Center for
Environmental Publications (NSCEP),
P.O. Box 42419, Cincinnati, OH 45242-
0419 or http://www.epa.gov/nscep/.
A A A A A
(2) Public water systems must
measure residual disinfectant
concentrations with one of the
analytical methods in the following
table or one of the alternative methods
listed in Appendix A to subpart C of
this part. If approved by the State,
residual disinfectant concentrations for
free chlorine and combined chlorine
also may be measured by using DPD
colorimetric test kits. In addition States
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Federal Register/Vol. 73, No. 221/Friday, November 14, 2008/Proposed Rules
may approve the use of the ITS free
chlorine test strip for the determination
of free chlorine. Use of the test strips is
described in Method D99-003, "Free
Chlorine Species (HOC1- and OC1-) by
Test Strip," Revision 3.0, November 21,
2003, available from Industrial Test
Systems, Inc., 1875 Langston St., Rock
Hill, SC 29730. Free and total chlorine
residuals may be measured
continuously by adapting a specified
chlorine residual method for use with a
continuous monitoring instrument
provided the chemistry, accuracy, and
precision remain the same. Instruments
used for continuous monitoring must be
calibrated with a grab sample
measurement at least every five days, or
with a protocol approved by the State.
A A A A A
7. Section 141.131 is amended by
revising the introductory text preceding
the tables in paragraphs (b)(l), (c)(l),
and paragraph (d) introductory text to
read as follows:
§141.131 Analytical requirements.
(a) * * *
(b) Disinfection byproducts. (1)
Systems must measure disinfection
byproducts by the methods (as modified
by the footnotes) listed in the following
table or one of the alternative methods
listed in Appendix A to subpart C of
this part:
A A A A A
(c) Disinfectant residuals. (1) Systems
must measure residual disinfectant
concentration for free chlorine,
combined chlorine (chloramines), and
chlorine dioxide by the methods listed
in the following table or one of the
alternative methods listed in Appendix
A to subpart C of this part:
A A A A A
(d) Additional analytical methods.
Systems required to analyze parameters
not included in paragraphs (b) and (c)
of this section must use the following
methods or one of the alternative
methods listed in Appendix A to
subpart C of this part. A party approved
by EPA or the State must measure these
parameters.
A A A A A
8. Section 141.402 is amended by
revising paragraph (c)(2) introductory
text preceding the table to read as
follows:
§ 141.402 Ground water source microbial
monitoring and analytical methods.
A A A A A
(c) * * *
(2) A ground water system must
analyze all ground water source samples
collected under paragraph (a) of this
section using one of the analytical
methods listed in the following table in
paragraph (c)(2) of this section or one of
the alternative methods listed in
Appendix A to subpart C of this part for
the presence of E. coli, enterococci, or
coliphage:
A A A A A
9. Section 141.605 is amended by
revising footnote 2 to the table in
paragraph (b) to read as follows:
§141.605 Subpart V compliance
monitoring location recommendations.
A A A A A
(b) * * *
2 Systems on quarterly monitoring
must take dual sample sets every 90
days at each monitoring location, except
for subpart H systems serving 500-
3,300. Ground water systems serving
500-9,999 on annual monitoring must
take dual sample sets at each monitoring
location. All other systems on annual
monitoring and subpart H systems
serving 500-3,300 are required to take
individual TTHM and HAA5 samples
(instead of a dual sample set) at the
locations with the highest TTHM and
HAAS concentrations, respectively. For
systems serving fewer than 500 people,
only one location with a dual sample set
per monitoring period is needed if the
highest TTHM and HAAS
concentrations occur at the same
location, and month.
A A A A A
10. Section 141.621 is amended by
revising footnote 2. to the table in
paragraph (a)(2) to read as follows:
§141.621 Routine monitoring.
(a) * * *
(2) * * *
2 Systems on quarterly monitoring
must take dual sample sets every 90
days at each monitoring location, except
for subpart H systems serving 500-
3,300. Ground water systems serving
500-9,999 on annual monitoring must
take dual sample sets at each monitoring
location. All other systems on annual
monitoring and subpart H systems
serving 500-3,300 are required to take
individual TTHM and HAA5 samples
(instead of a dual sample set) at the
locations with the highest TTHM and
HAAS concentrations, respectively. For
systems serving fewer than 500 people,
only one location with a dual sample set
per monitoring period is needed if the
highest TTHM and HAAS
concentrations occur at the same
location, and month.
A A A A A
11. Section 141.704 is amended by
revising paragraphs (a) introductory text
and (b) introductory text to read as
follows:
§ 141.704 Analytic methods.
(a) Cryptosporidium. Systems must
analyze for Cryptosporidium using
Method 1623: Cryptosporidium and
Giardia in Water by Filtration/IMS/FA,
2005, United States Environmental
Protection Agency, EPA-815-R-05-002
or Method 1622: Cryptosporidium in
Water by Filtration/IMS/FA, 2005,
United States Environmental Protection
Agency, EPA-815-R-05-001, which are
incorporated by reference, or alternative
methods listed in Appendix A to
Subpart C of this part. The Director of
the Federal Register approves this
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. You may obtain a copy of
these methods online from http://
www.epa.gov/safewater/disinfection/lt2
or from the United States Environmental
Protection Agency, Office of Ground
Water and Drinking Water, 1201
Constitution Ave., NW., Washington,
DC 20460 (Telephone: 800-426-4791).
You may inspect a copy at the Water
Docket in the EPA Docket Center, 1301
Constitution Ave., NW., Washington,
DC, (Telephone: 202-566-2426) or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202-741-6030,
or go to: http://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
A A A A A
(b) E. coli. System must use methods
for enumeration of E. coli in source
water approved in § 136.3(a) of this
chapter or alternative methods listed in
Appendix A to subpart C of this part.
PART 143—NATIONAL SECONDARY
DRINKING WATER REGULATIONS
12. The authority citation for part 143
continues to read as follows:
Authority: U.S.C. 300f, 300g-l, 300g-2,
300g-3, 300g-J, 300g-5, 300g-6, 300J-J,
300J-9, and 300J-11.
13. Section 143.4 is amended by
revising the text preceding the table in
paragraph (b) to read as follows:
§143.4 Monitoring.
A A A A A
(b) Measurement of pH, copper and
fluoride to determine compliance under
§ 143.3 may be conducted with one of
the methods in § 141.23(k)(l). Analyses
of aluminum, chloride, foaming agents,
iron, manganese, odor, silver, sulfate,
total dissolved solids (TDS) and zinc to
determine compliance under § 143.3
may be conducted with the methods in
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Federal Register/Vol. 73, No. 221/Friday, November 14, 2008/Proposed Rules
67463
the following table or alternative
methods listed in Appendix A to
subpart C of this part. Criteria for
analyzing aluminum, copper, iron,
manganese, silver and zinc samples
with digestion or directly without
digestion, and other analytical test
procedures are contained in Technical
Notes on Drinking Water Methods, EPA—
600/R-94-173, October 1994. This
document is available from the National
Service Center for Environmental
Publications (NSCEP), P.O. Box 42419,
Cincinnati, OH 45242-0419 oihttp://
www.epa .gov/nscep/.
A A A A A
[FR Doc. E8-26959 Filed 11-13-08; 8:45 am]
BILLING CODE 6560-50-P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. FEMA-B-1018]
Proposed Flood Elevation
Determinations
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
SUMMARY: Comments are requested on
the proposed Base (1 percent annual-
chance) Flood Elevations (BFEs) and
proposed BFE modifications for the
communities listed in the table below.
The purpose of this notice is to seek
general information and comment
regarding the proposed regulatory flood
elevations for the reach described by the
downstream and upstream locations in
the table below. The BFEs and modified
BFEs are a part of the floodplain
management measures that the
community is required either to adopt
or show evidence of having in effect in
order to qualify or remain qualified for
participation in the National Flood
Insurance Program (NFIP). In addition,
these elevations, once finalized, will be
used by insurance agents, and others to
calculate appropriate flood insurance
premium rates for new buildings and
the contents in those buildings.
DATES: Comments are to be submitted
on or before February 12, 2009.
ADDRESSES: The corresponding
preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each
community are available for inspection
at the community's map repository. The
respective addresses are listed in the
table below.
You may submit comments, identified
by Docket No. FEMA-B-1018, to
William R. Blanton, Jr., Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646-3151, or (e-mail)
bill.blanton@dhs.gov.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646-3151 or (e-mail)
bill.blanton@dhs.gov.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) proposes to make
determinations of BFEs and modified
BFEs for each community listed below,
in accordance with section 110 of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4104, and 44 CFR 67.4(a).
These proposed BFEs and modified
BFEs, together with the floodplain
management criteria required by 44 CFR
60.3, are the minimum that are required.
They should not be construed to mean
that the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own, or
pursuant to policies established by other
Federal, State, or regional entities.
These proposed elevations are used to
meet the floodplain management
requirements of the NFIP and are also
used to calculate the appropriate flood
insurance premium rates for new
buildings built after these elevations are
made final, and for the contents in these
buildings.
Comments on any aspect of the Flood
Insurance Study and FIRM, other than
the proposed BFEs, will be considered.
A letter acknowledging receipt of any
comments will not be sent.
Administrative Procedure Act
Statement. This matter is not a
rulemaking governed by the
Administrative Procedure Act (APA), 5
U.S.C. 553. FEMA publishes flood
elevation determinations for notice and
comment; however, they are governed
by the Flood Disaster Protection Act of
1973, 42 U.S.C. 4105, and the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and do not fall under the
APA.
National Environmental Policy Act.
This proposed rule is categorically
excluded from the requirements of 44
CFR part 10, Environmental
Consideration. An environmental
impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601-612, a regulatory
flexibility analysis is not required.
Executive Order 12866, Regulatory
Planning and Review. This proposed
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866, as amended.
Executive Order 13132, Federalism.
This proposed rule involves no policies
that have federalism implications under
Executive Order 13132.
Executive Order 12988, Civil Justice
Reform. This proposed rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
Accordingly, 44 CFR part 67 is
proposed to be amended as follows:
PART 67—[AMENDED]
1. The authority citation for part 67
continues to read as follows:
Authority: 42 U.S.C. 4001 etseq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
§67.4 [Amended]
2. The tables published under the
authority of § 67.4 are proposed to be
amended as follows:
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