[Federal Register Volume 63, Number 30 (Friday, February 13, 1998)]
[Proposed Rules]
[Pages 7606-7633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3752]



[[Page 7605]]

_______________________________________________________________________

Part VII





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 141 and 142



National Primary Drinking Water Regulations: Consumer Confidence; 
Proposed Rule

  Federal Register / Vol. 63, No. 30 / Friday, February 13, 1998 / 
Proposed Rules  

[[Page 7606]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 141 and 142

RIN 2040-AC 99
[FRL-5967-2]


National Primary Drinking Water Regulations: Consumer Confidence 
Reports

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and notice of alternative definition.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to require community water systems to prepare 
and provide to their customers annual reports on the quality of the 
water delivered by the systems. This action is mandated by the 1996 
amendments to the Safe Drinking Water Act (SDWA). These reports would 
provide valuable information to consumers of tap water from community 
water systems and allow them to make personal health-based decisions 
regarding their drinking water consumption.

DATES: Written comments on this proposed rule must be received by EPA 
on or before March 30, 1998. EPA will hold a public meeting about the 
proposal in Washington, DC on March 3, 1998 beginning at 9 a.m. A 
second public meeting will take place in San Francisco, CA on March 10, 
1998 beginning at 9 a.m.

ADDRESSES: Send written comments on this proposed rule to the Consumer 
Confidence Report Comment Clerk: Water Docket MC-4101 (docket #W-97-
18), Environmental Protection Agency: 401 M Street, S.W., Washington DC 
20460. Please submit an original and three copies of your comments and 
enclosures (including references).
    Commenters who want EPA to acknowledge receipt of their comments 
must enclose a self-addressed, stamped envelope. No facsimiles (faxes) 
will be accepted. Comments may also be submitted electronically to ow-
[email protected]. Electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and forms of 
encryption. Electronic comments must be identified by Docket #W-97-18. 
Comments and data will also be accepted on disks in WordPerfect in 5.1 
format or ASCII file format. Electronic comments on this notice may be 
filed online at many Federal Depository Libraries.
    The record for this rulemaking has been established under docket 
#W-97-18, and includes supporting documentation as well as printed 
paper versions of electronic comments. The record is available for 
review at EPA's Water Docket: 401 M Street, S.W., Washington DC 20460. 
For access to the Docket materials, call 202-260-3027 between 9:00 a.m. 
and 3:30 p.m. for an appointment and reference ``Docket #W-97-18''.
    The public meetings will take place in the following locations: 
Washington, DC--EPA Auditorium, 401 M St, SW, Washington, DC. San 
Francisco--EPA, 1st floor conference rooms, 75 Hawthorne Street, San 
Francisco, CA.

FOR FURTHER INFORMATION CONTACT: the Safe Drinking Water Hotline, toll 
free 800-426-4791 for general information about, and copies of, this 
document. For technical inquiries, contact: Francoise M. Brasier 202-
260-5668 or Rob Allison 202-260-9836.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Statutory Authority
II. Consultation with Public Water Systems, State and Local 
Governments, Environmental Groups, Public Interest Groups, and Risk 
Communication Experts
III. Discussion of Proposed Rule
    A. Purpose and Applicability
    B. Effective Dates and Rationale
    C. Rationale for Content of the Reports
    D. Required Health Information and Rationale
    E. Report Delivery
    F. Special State Primacy Requirements and Rationale
    G. Health Effect Language and Rationale
IV. Request for Public Comments
V. Cost of Rule
VI. Administrative Requirements
    A. Executive Order 12866
    B. Regulatory Flexibility Act
    1. General
    2. Use of Alternative Definition
    C. Paperwork Reduction Act
    D. Enhancing the Intergovernmental Partnership
    E. Unfunded Mandates Reform Act
    F. Environmental Justice
    G. Risk to Children Analysis
    H. National Technology Transfer and Advancement Act

Regulated persons

    Potentially regulated persons are community water systems.

------------------------------------------------------------------------
                                                Example of regulated    
                 Category                             entities          
------------------------------------------------------------------------
Publicly-owned CWSs.......................  Municipalities; County      
                                             Governments; Water         
                                             districts; Water and Sewer 
                                             Authorities.               
Privately-owned CWSs......................  Private water utilities;    
                                             homeowners associations.   
Ancillary CWSs............................  Persons who deliver drinking
                                             water as an adjunct to     
                                             their primary business     
                                             (e.g. trailer parks,       
                                             retirement homes).         
------------------------------------------------------------------------

    The table is not intended to be exhaustive. It provides a guide for 
readers regarding entities likely to be regulated by this action. This 
table lists the types of entities that EPA is now aware could 
potentially be regulated by this action. Other types of entities not 
listed in this table could also be regulated. To determine whether your 
facility is regulated by this action, you should carefully examine the 
applicability criteria in Sec. 141.151 of the rule. If you have 
questions regarding the applicability of this section to a particular 
entity, consult the persons listed in the FOR FURTHER INFORMATION 
CONTACT section.

Consumer Right-To-Know Provisions in the Safe Drinking Water Act

    The 1996 amendments to the Safe Drinking Water Act contain 
extensive provisions for consumer involvement and right-to-know that 
herald a new era of public participation in drinking water protection. 
These provisions are founded on the principle that consumers have a 
right to know what is in their drinking water and where it comes from 
before they turn on the tap. With the information provided in these 
provisions, consumers will be better able to make health decisions for 
themselves and their families.
    The Consumer Confidence Reports are the centerpiece of public 
right-to-know in SDWA. The information contained in these reports can 
raise consumers' awareness of where their water comes from, show them 
the process by which safe drinking water is delivered to their homes, 
educate them about the importance of prevention measures such as source 
water protection to a safe drinking water supply. The reports can be a 
tool that starts a dialogue between consumers and their drinking water 
utilities, and one that gets consumers more involved in decisions which 
may affect their health. The information can be a means for consumers, 
especially those with special health needs, to make informed decisions 
regarding their drinking water. And finally, the reports

[[Page 7607]]

are a key to unlock more drinking water information. They will provide 
access through references or telephone numbers to source water 
assessments, health effects data, and additional information about the 
water system. The Agency is considering demonstrating its support for 
the consumer confidence reports by establishing, in consultation with 
the states, an award program which would recognize innovative reports.
    Other right-to-know provisions in SDWA include changes to the 
public notification requirements, which will give the consumers of 
public water supplies more accurate and timely information on 
violations. Persons served by a public water system must be given 
notice within 24 hours of any violation of a national drinking water 
standard ``that has the potential to have serious adverse effects on 
human health as a result of short-term exposure.'' EPA's regulation 
making these changes is scheduled to be promulgated in August, 1999.
    In addition, the public will have access to the completed source 
water assessments. States are required under the 1996 SDWA amendments 
to assess the condition of every public water supply within the State, 
including the boundaries of the source of that water supply and 
contamination threats within that source. The consumer confidence 
reports will provide information on the availability of the assessment 
for that water supply.
    By August, 1999, EPA will develop a national contaminant occurrence 
data base, that will provide information on the occurrence of both 
regulated and unregulated contaminants in public water systems. This 
information will be made available to the public through the Internet.
    Finally, the public will be provided with early information on 
state variance decisions involving their public water system. Public 
water systems serving fewer than 10,000 persons that cannot meet 
national primary drinking water regulations may apply for a variance to 
use an alternate technology to meet the regulation. Consumers served by 
that water supply have a right to object to the variance.
    All of these public right-to-know provisions are based on the 
belief that accountability to the public and the understanding and 
support of the public will be vital to address and prevent threats to 
drinking water quality in the years ahead. The provisions provide 
unprecedented opportunities for the public to participate in decisions 
related to the protection of their water supplies. If the public uses 
the opportunities, they can ensure that the choices made--particularly 
by EPA and the states, but also by water suppliers--respond to the 
public's needs and concerns.

I. Statutory Authority

    Section 114 of the Safe Drinking Water Act Amendments of 1996 
(Public Law 104-182), enacted August 6, 1996, amends Section 1414(c) of 
the Act (42 U.S.C. 300g-3(c)). A new section 1414(c)(4) provides for 
annual consumer confidence reports by community water systems to their 
customers. Section 1414(c)(4)(A) mandates a number of actions by the 
Administrator of the Environmental Protection Agency, who is required 
to develop and issue regulations within 24 months of the date of 
enactment (i.e. in August 1998). The regulations must be developed in 
consultation with public water systems, environmental groups, public 
interest groups, risk communication experts, the States, and other 
interested parties. The regulations must, at a minimum, require each 
community water system to mail to each customer of the system at least 
once annually a report on the level of contaminants in the drinking 
water purveyed by that system. The regulations are required by section 
1414(c)(4)(A) to provide a ``brief and plainly worded'' definition of 
four terms: ``maximum contaminant level goal,'' ``maximum contaminant 
level,'' ``variances,'' and ``exemptions.'' In addition, section 
1414(c)(4)(A) requires the regulations to contain brief statements in 
plain language regarding the health concerns that resulted in 
regulation of each regulated contaminant, and a brief and plainly 
worded explanation regarding contaminants that may reasonably be 
expected to be present in drinking water, including bottled water. 
Finally, section 1414(c)(4)(A) requires the regulations to provide for 
an EPA toll-free hotline that consumers can call for more information 
and explanation.
    Section 1414 of SDWA, as amended, also provides, in a new section 
(c)(4)(B) of the Act, additional specific requirements for the contents 
of the consumer confidence reports. The reports are required to 
include, but need not be limited to, the following information:
     Information on the source of the water purveyed. (section 
1414(c)(4)(B)(i))
     A brief and plainly worded definition of the terms 
``maximum contaminant level goal,'' ``maximum contaminant level,'' 
``variances,'' and ``exemptions,'' as provided in regulations by the 
Administrator. (section 1414(c)(4)(B)(ii))
     If any regulated contaminant is detected in the water 
purveyed by the community water system, a statement setting forth: (1) 
the maximum contaminant level goal, (2) the maximum contaminant level, 
(3) the level of such contaminant in the water system, and (4) for any 
regulated contaminant for which there has been a violation of the 
maximum contaminant level during the year covered by the report, the 
brief statement in plain language regarding the health concerns that 
resulted in regulation of that contaminant, as provided by the 
Administrator in regulations under section 1414(c)(4)(A). (section 
1414(c)(4)(B)(iii))
     Information on compliance with national primary drinking 
water regulations, as required by the Administrator, and notice if the 
system is operating under a variance or exemption and the basis on 
which the variance or exemption was granted. (section 
1414(c)(4)(B)(iv))
     Information on the levels of unregulated contaminants for 
which monitoring is required under section 1445(a)(2) (including levels 
of Cryptosporidium and radon where States determine they may be found.) 
(section 1414(c)(4)(B)(v))
     A statement that the presence of contaminants in drinking 
water does not necessarily indicate that the drinking water poses a 
health risk and that more information about contaminants and potential 
health effects can be obtained by calling the Safe Drinking Water 
hotline. (section 1414(c)(4)(B)(vi))
    Section 1414(c)(4)(B) also provides that a community water system 
may include any additional information that it deems appropriate for 
public education. In addition, the Administrator may require, through 
regulation, a consumer confidence report to include for not more than 
three regulated contaminants, a brief statement in plain language 
regarding the health concerns that resulted in regulation of the 
contaminant even if there has not been a violation of the maximum 
contaminant level during the year concerned.
    Section 1414(c)(4)(C) authorizes the Governor of a State to 
determine not to apply the mailing requirement to community water 
systems serving fewer than 10,000 persons. Such systems then would be 
required to inform their customers that the system will not be mailing 
the report; make the report available on request to the public; and 
publish the report annually in one or more local newspapers serving the 
areas in which the systems' customers are located.

[[Page 7608]]

    Section 1414(c)(4)(D) allows those community water systems that are 
not required to meet the mailing requirements, and which serve 500 
persons or fewer, to meet their consumer confidence report obligation 
by preparing an annual report and providing notice at least once per 
year to each customer by mail, by door-to-door delivery, by posting, or 
by any other means authorized in the regulations, that the consumer 
confidence report is available upon request.
    Section 1414(c)(4)(E) provides that a State exercising primary 
enforcement responsibility may establish by rule, after public notice 
and comment, alternative requirements with respect to the form and 
content of the consumer confidence reports.
    This rule, when issued in final form, is intended to fulfill the 
rulemaking requirements outlined in amended section 1414(c)(4).

II. Consultation With Public Water Systems, State and Local 
Governments, Environmental Groups, Public Interest Groups, and Risk 
Communication Experts

    As required under section 1414 of SDWA, as amended, the Agency has 
met extensively with a broad range of groups in the development of this 
proposed rule. Early in the regulatory development process, EPA held a 
series of meetings with community water system operators and customers 
located in California, to obtain information about California's annual 
Water Quality Reports requirement, which has been in effect since 1990, 
and to learn from the California program's experiences. In particular, 
EPA held meetings with operators of small rural public water systems at 
the California Rural Water Association Annual Meeting held in February 
1997. Also in February 1997, EPA met with a focus group of water 
customers in California to obtain information about their reactions to 
receiving annual reports about drinking water quality and how such 
reports should be structured and used. Finally, EPA met with members of 
the Association of California Water Agencies, primarily including 
representatives from large public water systems, public utility 
commissions, cities, and metropolitan areas.
    The Agency met four times between February and July 1997 with a 
special working group of the National Drinking Water Advisory Council 
(NDWAC). The Advisory Council has been established under Section 
10(a)(2) of Public Law 92-423, ``The Federal Advisory Committee Act'' 
and SDWA. By law, NDWAC is empowered to provide advice to EPA on 
regulatory issues. The Consumer Confidence Report Working Group, in 
turn, was established by NDWAC to provide advice to it on the 
particular issues raised in the development of EPA's regulation on 
consumer confidence reports.
    The NDWAC Consumer Confidence Report Working Group was composed of 
a designated Federal officer; three NDWAC members who served as liaison 
between the full NDWAC and the Working Group; and eighteen other 
members. The Working Group contained members from public health 
organizations; local, State, and Federal government agencies with 
responsibilities for supervising public drinking water providers; 
operators of large and small drinking water systems; consumer 
representatives; environmental organizations; and business and trade 
associations. The Working Group met in four two-day sessions, between 
February and July 1997, to discuss issues raised by the consumer 
confidence report requirements in the 1996 SDWA amendments and to 
analyze and debate initial proposals for the consumer confidence report 
regulatory requirements. At the end of the Working Group meetings, in 
July 1997, the group submitted a draft of the regulations highlighting 
unresolved issues to the full NDWAC for its review. NDWAC in turn 
presented its recommendations to EPA on the regulation being proposed 
today in a NDWAC report submitted in August 1997. These documents are 
available in the Docket for this rulemaking.
    In June 1997, EPA convened a one-day meeting of a group of private, 
State, and Federal experts in public health and the communication of 
risk-related information to general audiences. The panel critiqued 
preliminary ideas for the consumer confidence report regulatory 
requirements and provided suggestions to EPA on effective methods of 
communicating risk information.
    As it developed today's regulatory proposal, EPA continued to meet 
with water system operators and customers. In May 1997 the Agency 
obtained the views of system operators in Wyoming, a State chosen 
because EPA operates the drinking water program in that State. The 
Agency also held a town meeting in Casper, Wyoming to solicit the views 
of water system customers.
    EPA also received the views of a number of organizations on the 
potential contents of consumer confidence reports. In particular, 
Agency staff attended a one-day workshop in May 1997 sponsored by the 
Environmental Law Institute in which water customers and citizens in 
the Washington, D.C. area discussed communication of drinking water 
information. EPA also was provided the results of a series of focus 
groups held in six locations across the country by the American Water 
Works Association to obtain information and viewpoints about drinking 
water risk communication issues.
    EPA also discussed the proposal with, and received comments from, 
another EPA advisory group, the Local Government Advisory Committee. 
EPA discussed the statute and EPA's plans for developing the proposal 
at a meeting with the Committee in San Francisco in February 1997, and 
provided a draft of the rule to the Committee and discussed the draft 
at its meeting in New Orleans in May 1997.
    The rule being proposed today is based on the NDWAC recommendations 
to EPA and has been developed in close consultation with public water 
systems, environmental groups, public interest groups, risk 
communication experts, the States, and other interested parties, as 
required by the 1996 Amendments.

III. Discussion of Proposed Rule

A. Purpose and Applicability

    The rule being proposed today establishes the minimum requirements 
for the content of consumer confidence reports.
    The rule would apply to existing and new community water systems. 
``Community water systems'' are a subset of ``public water systems.'' A 
``public water system,'' as defined by section 1401 of SDWA, is ``a 
system for the provision 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.'' ``Community water systems'' are public water systems 
which serve year-round residents. Thus, systems that do not have 15 or 
more service connections used by year-round residents or regularly 
supply at least 25 year-round residents are not subject to today's 
rule.
    Out of the approximately 180 thousand water systems in the United 
States, only approximately 60 thousand are considered community water 
systems. They range from large municipal systems that serve millions of 
persons to small systems, which serve fewer than 100 persons. Community 
water systems can be further categorized as publicly-owned systems, 
including systems owned and operated by municipalities, townships, 
counties,

[[Page 7609]]

water districts, and water authorities; privately-owned systems, which 
may be owned and operated by groups ranging from investor owned water 
companies to homeowners associations; and ancillary systems, which are 
small systems that provide water as an ancillary function of their 
principal business or enterprise. Ancillary systems are primarily 
mobile home parks and a variety of institutional water providers. 
Public, private, and ancillary community water systems are all subject 
to today's rule.
    The balance of the water systems in the United States, or 
approximately 130 thousand systems, are either so-called ``transient 
non-community systems'' which do not serve the same people on a day to 
day basis (for example, highway rest stops) or ``non-transient non-
community systems'' which serve at least 25 of the same people at least 
6 months of the year (for example, schools). Because today's rule 
applies only to community water systems, as provided by Congress in the 
1996 Amendments to SDWA, transient and non-transient non-community 
systems are not covered.
    EPA notes that water wholesalers are also considered community 
water systems. However, if such a system did not retail water to any 
customer, i.e. billing unit or drinking water hook-up, the system would 
not have to prepare a consumer confidence report. EPA notes that these 
systems already provide monitoring information to the States. They 
would have to provide that information to the purchaser so that the 
purchaser can prepare the consumer confidence report. In the case of 
consecutive systems, i.e. a chain of utilities which provide water to 
each other, the system delivering water to the customers would be the 
one preparing the consumer confidence report.

B. Effective Dates and Rationale

    Today's rule would become effective 30 days after publication of 
the final rule in the Federal Register and community water systems 
would have to deliver the first report to their customers within 13 
months of the effective date of the regulations. The Agency is anxious 
that these requirements become effective as soon as practicable because 
of the importance of this provision. The Agency also believes that the 
proposed dates are practicable since they would give systems a full 14 
months to prepare their first report. Each consumer confidence report 
is required to describe monitoring results for the past twelve-month 
period. EPA believes that giving community water systems a period 
slightly longer than a year to prepare the first report ensures that 
they will have the time to assemble the necessary information, to 
develop the necessary report format, and to arrange for distribution of 
the consumer confidence reports. In addition, some States are already 
implementing or developing their own reporting requirements. EPA also 
believes that the 14 month period after enactment of the rule would 
ensure that systems that had recently prepared a State mandated report 
would not be required to immediately prepare another report required by 
today's rule.
    New community water systems, that is, community water systems that 
begin delivering water to customers after the effective date of today's 
rule, must deliver their first report within 18 months of the date that 
they begin delivering water to customers. EPA concluded that the longer 
period of time before delivery of the first reports would allow new 
systems to initiate and carry out a broader range of monitoring 
activities (some required monitoring requires at least one year's 
collection of data; other required monitoring may occur over a period 
in excess of 12 months). In addition, the 18 month period will allow 
new systems to develop and implement procedures for preparing and 
distributing the reports.
    Some stakeholders argued that the Agency should propose that all 
reports be due on a certain date. They believed that this would give 
the reports more impact by allowing for an orchestrated outreach 
campaign at the time of issuance. The Agency believes however, that 
there are merits to allowing some flexibility since different utilities 
will have different start-up needs. States can make different decisions 
when they promulgate their regulations and would be free to impose a 
specific date for issuance of the consumer reports under their 
jurisdiction.

C. Rationale for Content of the Reports

    In developing today's rule on the contents of consumer confidence 
reports prepared by community water systems, EPA sought to provide 
community water systems with the maximum amount of flexibility to 
design their reports, consistent with the requirements of the 1996 
Amendments. The Agency therefore generally limited the requirements for 
the content of reports, found in Secs. 141.153 and 141.154 of the 
proposed rule, to a clarification and explanation of the requirements 
in section 114 of the 1996 Amendments. In addition to today's rule, EPA 
is planning to prepare and issue detailed guidance that will provide 
supplementary information and examples of ways in which systems can 
prepare and present the data in consumer confidence reports. The Agency 
also will develop, prior to the effective date of the rule computerized 
``fill-in-the-blank'' templates that water systems will be able to use 
if they are unable or do not choose to develop their own consumer 
confidence report format. The Agency anticipates that very small 
systems, in particular, will be able to use these templates to minimize 
the burden of preparing the reports.
1. Information on the Source of the Water Purveyed
    Consumer confidence reports are intended primarily to convey 
information to persons served by community water systems about the 
quality of the water they are consuming. Thus, the emphasis of the 
reports is on ``finished'' rather than ``source'' water. Congress did, 
however, require the reports to include information about the sources 
of the water delivered by the system. In addition, many of the 
participants in public meetings on the consumer confidence reports held 
by EPA, and the members of the expert panel on risk communication 
convened by EPA, argued that the reports will be substantially more 
interesting and useful to persons if the reports provide context for 
the information about finished water. Therefore, today's rule specifies 
that each report must identify the sources of the water delivered by 
the community water system by providing information on the type of 
water (that is, whether the source is ground water, surface water, a 
combination of the two, or water obtained from another system); and the 
commonly used name or names (if any) and location of the body or bodies 
of water. Several commenters on the report requirements suggested to 
EPA that maps of water sources are a particularly effective means of 
communicating this information. The Agency is encouraging systems to 
use maps in the consumer confidence reports whenever possible, although 
maps have not been included in the mandatory contents of the reports.
    One issue raised during the development of the proposal was whether 
the rule should require information on sources of contamination that 
may have an impact on the quality of the source water used by a 
community water system. Some stakeholders argued that if particular 
sources of contamination are known for the sources of water delivered 
by the community water system, the consumer confidence reports should 
provide a concise description of them. The public frequently has a 
general knowledge of

[[Page 7610]]

the contamination sources that affect particular surface water bodies, 
according to the advocates of this provision, and failing to provide 
information about them can reduce the credibility of the reports 
generally. Other stakeholders noted that the consumer confidence 
reports deal primarily with the quality of the finished water as it is 
delivered to its consumers. They argued that a requirement to provide 
information on contaminants in source water without regard to their 
presence in the finished water may lead to unnecessary concerns. The 
Agency notes the difficulty of definitively linking contaminants to 
specific sources and the liability issues that may arise if the reports 
attempt to do so without adequate documentation.
    The 1996 Amendments to the Safe Drinking Water Act created a new 
program of source water assessments under section 1453 of the Act. The 
Agency has issued guidance on State Source Water Assessment and 
Protection Programs, under which States with primary enforcement 
authority must: (1) delineate the boundaries of the areas providing 
source waters for public water systems and (2) identify, to the extent 
practical, the origins of regulated and certain unregulated 
contaminants in the delineated area to determine the susceptibility of 
public water systems to such contaminants. Assessments are to be 
completed for all public water systems within two years after EPA's 
approval of the State's program with possible 18 month extensions.
    In an effort to balance competing concerns regarding the provisions 
of information on contaminant sources in the report, today's rule 
creates a linkage with this Source Water Assessment program by 
requiring that if a source water assessment has been completed for the 
community water system, that system's consumer confidence report must 
notify customers of the availability of this information and the means 
to obtain it. This will allow interested parties to get accurate and 
detailed information on the sources of contaminants.
    However, as recommended by the NDWAC, today's rule does not include 
a requirement that consumer confidence reports contain specific 
information about sources of contamination which may affect the quality 
of the source water, although it does require that generic information 
be provided about the likely sources of detected regulated 
contaminants. The Agency is inviting comments on this issue.
2. Definitions
    The rule contains definitions in Sec. 141.153 (c)(1) and (2) of 
four terms that must be used in consumer confidence reports: ``Maximum 
contaminant level goal or MCLG,'' ``Maximum Contaminant Level or MCL,'' 
``Variances,'' and ``Exemptions.'' These definitions differ from those 
found in 40 CFR 141.2. The definitions are designed to explain key 
components of the national primary drinking water regulations in brief, 
plainly worded terms. The draft definitions were examined closely by 
the NDWAC Consumer Confidence Reports Working Group, by the expert 
panel, and by EPA's own staff. All of these reviewers recognized that 
the definitions, particularly the definitions for maximum contaminant 
level goal (MCLG) and maximum contaminant level (MCL), represent 
dramatic simplifications of complicated processes. The expert panel, in 
particular, recommended that EPA test these definitions and, if 
necessary, revise them. The Agency therefore is specifically requesting 
comments on these proposed definitions.
    Maximum Contaminant Level Goal or MCLG is defined by the proposed 
rule as ``The level of a contaminant in drinking water below which 
there is no known or expected risk to health.'' This definition 
therefore highlights the requirement in the SDWA that EPA set MCLGs at 
a level at which ``no known or anticipated adverse effects on the 
health of persons occur and which allows an adequate margin of 
safety.'' The definition does not attempt to describe the use of 
Reference Doses to determine the MCLG for non-carcinogenic contaminants 
and Class C carcinogens, nor does it specify that for Class A and B 
carcinogens the MCLG must be set at zero. The expert panel was 
particularly concerned by the lack of context in the proposed 
definition, noting that it contains no information about how drinking 
water is determined to be safe. At the same time, the Panel recognized 
the difficulty of developing a simple and accurate description of the 
process that would be suitable for inclusion in the reports. Some panel 
members suggested that EPA develop a one-page handout on the process of 
setting MCLs and MCLGs, which could either be included in the reports 
or made separately available to drinking water consumers. EPA is 
requesting comment on this issue.
    Maximum Contaminant Level or MCL is defined by the proposed rule as 
``the highest level of a contaminant that is allowed in drinking 
water.'' This definition highlights the function of the MCL as an 
enforceable standard under the primary drinking water regulations. The 
agency is aware that this definition does not provide an explanation of 
how the MCLs are set. As provided by SDWA, EPA sets MCLs as close to 
the corresponding MCLGs as ``feasible with the use of the best 
technology, treatment techniques, and other means, which the 
Administrator finds, after examination for efficacy under field 
conditions and not solely under laboratory conditions are available 
(taking cost into consideration).''
    The expert panel in particular noted that these definitions do not 
provide any content for interpreting the health significance of a 
contaminant concentration above the MCLG but below the MCL and 
recommended that EPA use a longer definition of MCL such as: ``the 
level determined to provide the best protection to health, given cost 
and treatment feasibility''. The working group, however, was not able 
to agree on any characterization of the MCL beyond a minimal 
description of its regulatory function. Some members wanted to stress 
the safety factors built into the MCL setting process while others 
believed strongly that whenever an MCL is set above an MCLG the best 
protection to health is not achieved. One alternative would be to 
paraphrase language from the SDWA to provide additional context for the 
definitions. For example, MCLG might be defined as ``The level of a 
contaminant in drinking water below which there is no known or expected 
risk to health, allowing an adequate margin of safety.'' MCL could then 
be defined as ``The highest level of a contaminant that is allowed in 
drinking water, which is set as close to the MCL as feasible using the 
best available treatment technology.'' The Agency requests comments on 
the proposed definitions of both MCL and MCLG. Commenters should bear 
in mind that brevity and plain language are required by the Statute for 
these definitions.
    The NDWAC Working Group recommended combining the definitions of 
variances and exemptions into a single definition, since in its opinion 
the two terms described a single concept. ``Variances and exemptions'' 
therefore are defined in the rule as ``State permission not to meet an 
MCL or a treatment technique under certain conditions.'' Some members 
of the Working Group suggested adding the phrase ``provided there is no 
unreasonable risk to health'' to the definition, in order to inform 
report recipients that this is one of the statutory conditions for 
receiving a

[[Page 7611]]

variance or exemption. EPA is requesting comment on this suggestion.
    The definitions section of the proposed rule also includes two 
definitions not mandated by the 1996 Amendments but considered 
necessary by EPA to address situations likely to be encountered by many 
systems. When an MCL cannot be established, EPA may set a treatment 
technique or action level. Section 141.153(c)(3) of the proposed rule 
states that when a report contains data on a contaminant for which EPA 
has set a treatment technique or an action level, the report must 
define treatment technique as ``A required process intended to reduce 
the level of a contaminant in drinking water;'' and must define action 
level as ``The concentration of a contaminant which triggers treatment 
or other requirement which a water system must follow.''
    EPA notes that the use of these definitions in the consumer 
confidence reports is not meant in any way to alter the legal and 
enforceable definition of these terms.
3. Level of Detected Contaminants
    Sections 1414(c)(4)(B)(iii) and (v) of SDWA as amended establish 
reporting requirements for ``regulated'' and ``unregulated 
contaminants'' detected in the water purveyed by a community water 
system. The Agency believes that information on contaminants detected 
by the system is the lynchpin of the reports. This is the information 
which will allow water consumers to make educated health-related 
decisions based on their personal circumstances. Therefore it is 
important that the information be as complete and accurate as feasible 
without falling into the trap of information overload.
    As far as accuracy is concerned, the Agency is aware that choosing 
one number to put in the report which gives a true representation of 
the water that customers may have consumed during the year will 
sometimes be difficult. The quality of the water is subject to spatial 
and temporal variability. This variability is magnified in large 
systems where blending of several sources may occur. It is not feasible 
for the Agency to lay down hard and fast rules to deal with all 
instances where the quality of the water may be variable; therefore, 
the Agency is proposing a performance standard in Sec. 141.153(d)(1) 
which requires operators to provide customers with an accurate picture 
of the level of contaminant they may have been exposed to during the 
year. The quantitative information on levels of detected contaminants 
may, however, provide only part of the picture. The Agency expects that 
systems may need to provide qualititative explanations of water quality 
variations as well. These explanations could, for example, describe to 
customers the fact that warm temperatures facilitate microbial growth 
and may necessitate higher levels of disinfectant in the water. EPA 
requests comment on the usefulness of such information.
    EPA recognizes that this rule will require water system operators 
to present information on contaminants detected at very low levels. The 
Agency does not intend that operators report levels beneath the Minimum 
Detection Limits, based upon the analytic requirements listed in 40 CFR 
141 Subpart C, which are levels so low that they are analytically 
invalid.
    EPA believes that, in order for the public to make well-informed 
health decisions, the reports should contain information available to 
the systems on any contaminant which may have an impact on the health 
of persons whether or not monitoring for these contaminants is 
currently required by regulations promulgated under the SDWA. While 
section 1414(c)(4) does not explicitly require that the reports contain 
all of this information, EPA believes that such reporting is authorized 
under both section 1414(c)(4)(B) (which states that the contents of the 
report must include, but not be limited to, certain items) and section 
1445(a)(2) (which authorizes the Administrator to require regulated 
systems to report information to the public on unregulated 
contaminants). On the other hand, the Agency does not want 
inadvertently to stop systems from performing additional voluntary 
monitoring by requiring disclosure of information the significance of 
which they could not explain. Therefore the Agency is proposing to 
include a provision which strongly encourages systems to include in the 
reports any information indicating a possible health concern from 
contaminants for which EPA has proposed an NPDWR or issued a health 
advisory. If, for example, a contaminant is found at a level exceeding 
a proposed MCL or a health advisory level of concern, EPA believes that 
the system should disclose this result to its customers. On the other 
hand, if the system believes that its voluntary monitoring results are 
inconclusive or insignificant from a health standpoint, it need not 
report them.
    EPA proposes that the reports address, in separate sections, (1) 
the results of monitoring mandated by regulation for both regulated and 
unregulated contaminants as mandated by section 1414(c)(4)(B)(iii)and 
(v), and (2) the results of voluntary monitoring performed by the 
system that has shown a detection of radon or Cryptosporidium or the 
presence of any additional contaminant which a system elects to include 
in the reports.
    With respect to the manner in which data are presented, the 
proposed rule contains a number of provisions:
    a. The initial report must identify the twelve-month period that it 
covers. Subsequent reports must identify and cover successive twelve 
month periods, to ensure that gaps do not exist between periods covered 
by the reports.
    b. Data on detected contaminants for which monitoring is mandatory 
would be displayed in a table. These data include contaminants subject 
to an MCL, action level or treatment technique (regulated 
contaminants), contaminants for which monitoring is required by 
Sec. 141.40 (unregulated contaminants), and disinfection byproducts and 
microbiological contaminants (except Cryptosporidium) for which 
monitoring is required by Secs. 141.140 and 141.142 (the information 
collection rule). The Agency is not mandating a particular format for 
the table. EPA is seeking to leave the maximum possible amount of 
flexibility to drinking water systems to design effective methods of 
presenting the required data. However, the rule would contain a number 
of provisions pertaining to the manner in which the data is presented.

    If a system is allowed to monitor for certain contaminants less 
often than once a year, the report must include the date and results 
of the most recent sampling and a brief explanation (e.g. in a 
footnote) for why the sample was not taken within the reporting 
period (e.g., ``monitoring only required once every 3 years'').
    The MCL for detected regulated contaminants should be presented 
in whole units. EPA has recalculated the MCLs in such units, and has 
incorporated them into Appendix A of the regulation. The MCLG for 
each contaminant should be expressed in the same units as the MCL. 
Detections also should be expressed in the same units. The Agency 
notes that it will continue to rely on the numbers reported to the 
State to comply with the regulations to determine compliance and 
undertake enforcement action if necessary. In no case would the way 
in which data is presented in the consumer confidence reports affect 
an enforcement decision on compliance with MCLs or action levels.
    The expert panel encouraged EPA to allow community water systems 
to use illustrative examples to clarify the meaning of the detected 
levels (e.g., ``equivalent to one drop in a railroad tank car''); in 
contrast, the NDWAC working group believed that such illustrations 
could be subject to misinterpretation or misuse. The Agency 
concluded that it would allow systems the

[[Page 7612]]

flexibility to adopt such examples, but would not encourage their 
use.
    For contaminants subject to an NPDWR, EPA concluded that 
community water systems should be required to report ``the highest 
test result used to determine compliance with an NPDWR.'' Thus, 
whenever compliance with an MCL is based on a monthly or quarterly 
average, the highest average for the year should be included in the 
table. If compliance is determined by averaging the results for 
various sampling points, only the average should be reported in the 
table. Several members of the NDWAC working group and members of the 
expert panel urged, instead, that ranges of results or highest 
values should be reported. Thus, when compliance is based on an 
average, in addition to reporting the average, the system would also 
report the highest value detected. The advocates of this approach 
noted that for some contaminants, such as TTHMs, parts of the 
distribution system may be exposed to concentrations above the 
average. The Agency concluded, however, that presentation of ranges 
and highest values could be confusing. Instead the Agency is 
proposing that for these contaminants, the reports clearly indicate 
that the results are based on an average and explain what an average 
means. Further, based on the NDWAC recommendations, the Agency is 
proposing an exception to this single number reporting. For MCLs 
such as TTHMs for which reporting is based on a system-wide average, 
and for which substantial variation of contaminant levels may occur 
within the distribution system, the reports should disclose 
instances where a significant portion (10%) of the population is 
consistently exposed to a level higher than the MCL. In such 
instances the reports would have to identify the portions of the 
service areas where consumers are exposed to these higher levels and 
specify what these levels are. The Agency would like specific 
comments on this issue. The Agency notes that these circumstances 
should not arise if the sampling points for TTHMs have been chosen 
in accordance with the regulations and is requesting commenters to 
submit specific data if they have information to the contrary. The 
Agency also notes that, at this time, this requirement would have no 
impact on systems serving fewer than 10,000 persons since they are 
exempt from the TTHM requirements. The Agency is also requesting 
comment on whether it is necessary for the reports to note 
contaminant levels that are averages and explain what that means for 
chronic contaminants where the MCL is based on cumulative exposure 
over many years.
    EPA notes that while in the case of some regulated contaminants, 
water systems would report averages rather than the single highest 
level, in the case of detected unregulated contaminants, it expects 
water systems to report the highest detected level. Some concern was 
raised that this single highest level might not be representative of 
the water quality, and that consumers might be better served by 
putting in place instead a performance standard for the unregulated 
contaminants similar to that for the regulated contaminants, 
requiring systems to provide customers with an accurate picture of 
the level of contaminants they may have been exposed to during the 
year. The Agency is requesting comment on this issue.
    The proposed rule would require community water systems to 
include in the table the likely source of any detected regulated 
contaminant. In general EPA is expecting systems to describe these 
sources in generic terms such as ``agricultural runoff'', 
``petrochemical plants''. In some cases, however the system may have 
information obtained though a source water assessment which would 
allow the report to be more specific. When the source is not 
definitely known the system should include in the table the generic 
description of major sources derived from Appendix A. The inclusion 
of this requirement was the subject of lengthy discussion among 
stakeholders. While some believe that it is important for the public 
to understand that contaminants in the finished water are often the 
result of activities which are not under the control of the water 
systems, others were concerned that requiring operators, 
particularly of small systems, to seek specific information would be 
too burdensome. The Agency believes that providing generic 
descriptions for use in cases where a specific source is not 
definitely known appropriately balances those concerns. The Agency 
is requesting comments on this requirement and particularly on the 
usefulness of the generic list and on its wording.
    The proposed rule requires a community water source that 
distributes water to its customers from several raw sources which 
are not blended, to include a separate column in its table of 
results for each service area. The report should also identify the 
service area for each entry point into the distribution system.
    Today's rule requires community water systems to include 
specific information in their consumer confidence reports for every 
regulated contaminant detected in violation of an MCL. This 
information, which must include a clear and readily understandable 
explanation of the violation, the potential health effects, and the 
actions taken by the system to address the violation, need not be 
included in the table of results (though it may be). Instead, the 
system may provide the required information in a separate section on 
violations and what they mean, although that section should be 
clearly labeled as addressing violations and situated close to the 
table of results. The description of potential adverse health 
effects included in this section would use the relevant language of 
Appendix B. A discussion of the linkages between this proposed 
requirement and the requirements for public notification is included 
in Section VI of this preamble.

    c. Additionally today's rule would require water systems to provide 
information on detection of Cryptosporidium, radon and other currently 
unregulated contaminants.

    Information on Cryptosporidium would be included whether it is 
detected in compliance with the ICR regulations or through voluntary 
monitoring performed by a system. Specifically, the reports must 
include a summary of the monitoring results, information on how the 
monitoring was performed, and an explanation of the significance of 
the results. When EPA promulgated the ICR, it explained that its 
intent in collecting these data was to gain information that it 
could use in aggregate to determine national occurrence of 
Cryptosporidium and evaluate the treatment cost implications of new 
regulations. The Agency emphasized that these data should not be 
used to make judgements about the compliance of any specific water 
system with drinking water standards. The Agency is not changing 
this policy and remains aware that Cryptosporidium presents 
difficult measurement challenges. EPA was clear in its preamble for 
the ICR (61 FR 24363, May 14, 1996) that laboratory approval 
criteria for the ICR were designed to conduct national regulatory 
impact analysis and that better method performance would be needed 
for individual systems to comply with future rules. Therefore, while 
EPA believes that it is appropriate for the systems to disclose 
these results to their customers it is not dictating how. The 
proposed rule requires water systems that detect Cryptosporidium to 
summarize the results of monitoring but is not requiring that these 
data be included in the table to give systems more flexibility 
regarding how they display the information and how they explain the 
significance of the results to consumers. The rule also would 
require systems to explain how the monitoring was performed. This 
provision is not meant to require systems to give detailed 
explanations about laboratory methods or sampling protocols; rather, 
EPA expects the systems to provide some indication whether raw water 
or finished water was sampled and the extent of sampling. EPA 
requests comments about the inclusion of these data in the consumer 
confidence reports and the appropriate format for doing so.
    When a system detects radon, the Agency is proposing that the 
reports must include the results of the monitoring, information on 
how the monitoring was performed, and an explanation of the 
significance of the results. EPA will provide examples in guidance 
of what such an explanation might be. As with Cryptosporidium, EPA 
does not expect detailed explanations of the sampling or laboratory 
methods.
    When a system detects any other unregulated contaminant, the 
proposed rule would strongly encourage systems to determine if there 
is a health advisory or a proposed NPDWR for that contaminant in 
order to determine whether there may be a health concern which 
warrants inclusion of the data in the consumer confidence reports.
    Note that for Cryptosporidium, radon, and any other contaminants 
for which monitoring is not required, the proposed rule allows 
systems the flexibility to present results either in the table or in 
another section of the report.
4. Compliance With National Primary Drinking Water Regulations
    Under section 1414(c)(4)(B)(iv) of SDWA as amended, consumer 
confidence reports must contain information on compliance with

[[Page 7613]]

national primary drinking water regulations, as required by the 
Administrator. The statute speaks in terms of ``compliance,'' which 
might be interpreted to require only certification of compliance/
noncompliance with the NPDWR. However, the Agency believes it is 
appropriate to require reporting of any violation of the standards in 
the regulations, with the exception of violations of MCLs, which are 
addressed elsewhere in the consumer confidence reports. The Agency 
requests comments on the need to include all NPDWR violations as listed 
in the 144.153(e). An alternative would be to select only these 
violations which could clearly result in a health risk. If this 
alternative is recommended by commenters, they should include a 
discussion of how EPA could differentiate such violations, and specific 
suggestions for types of violations (e.g., record-keeping) that 
wouldn't need to be reported.
    The proposed rule further specifies that the report must contain a 
clear and readily understandable explanation of the violation and its 
health significance. EPA recognizes that for violations other than MCLs 
and treatment techniques, explanations of health significance will need 
to be fairly general (e.g., for violation of a monitoring requirement, 
the explanation might be ``Failure to perform required monitoring may 
cause contaminants with potentially adverse health effects to go 
undetected''). Finally, the report must describe the steps the system 
has taken to correct the violation. A full discussion of the linkage 
between this proposed requirement and the public notification 
requirements is included in Section VI of this preamble.
5. Variances and Exemptions
    Section 1414(c)(4)(B)(iv) also mandates that consumer confidence 
reports must include ``notice if the system is operating under a 
variance or exemption and the basis on which the variance or exemption 
was granted.'' In order to ensure that the public has an opportunity to 
fully understand the basis for the variance or exemption and to 
participate in consideration of it, the proposed rule adds a 
requirement that two additional items of information be included in the 
report. First, the report must provide the dates when the variance or 
exemption was issued and when it is due for renewal. Second, the report 
must provide a status report on the steps the system is taking to 
install treatment, find alternative sources of water, or otherwise 
comply with the terms and schedules for the variance or exemption. 
While the Agency is mindful of the importance of keeping the consumer 
confidence reports brief and relatively simple, it also believes that 
in the case of a variance or exemption, the public is best served by a 
complete explanation of the situation. The Agency requests comment on 
an alternate requirement which would call for a ``brief status report 
on compliance with the terms of the variance or exemption.''
6. Additional Information
    Section 1414(c)(4)(A) requires EPA's consumer confidence report 
regulations to include a ``brief and plainly worded explanation 
regarding contaminants that may reasonably be expected to be present in 
drinking water, including bottled water.'' Although the statute does 
not specify explicitly that reports delivered to customers of community 
water systems include this explanation, the Agency concluded that 
otherwise there would have been no function served when Congress 
required it to be included in the regulation. Further, section 
1414(c)(4)(B) gives the Administrator the authority to require that 
additional information be included in the reports. The Agency is 
proposing therefore that such an explanation must be included in the 
reports.
    Today's proposed rule includes three paragraphs in response to this 
requirement. The first explains that surface water and ground water 
provide the source water for both tap water and bottled water, and that 
both surface and ground water dissolve naturally-occurring minerals and 
radioactive material and can pick up substances resulting from the 
presence of animals or from human activity. The second paragraph 
provides a short description of the types of contaminants that may be 
present in source water. The third paragraph explains that EPA and the 
Food and Drug Administration prescribe regulations that limit the 
amount of certain contaminants in water provided by community water 
systems and in bottled water, respectively. As required by section 
1414(c)(4)(B)(ii), it further explains that the presence of 
contaminants does not necessarily indicate that the water poses a 
health risk, and indicates that the EPA Safe Drinking Water Hotline can 
provide additional information about contaminants and health effects.
    The NDWAC Working Group and the expert panel both debated the 
material at length. Some members were concerned that the language 
shifted the focus of the report from finished water to source water. In 
addition, members noted that the reports should not suggest that water 
can ever be completely free of contaminants, because naturally 
occurring contaminants are always going to be present in some 
concentration. Some commenters on the language suggested that the 
description of potential contaminants could unnecessarily alarm 
customers whose water did not contain all of the described categories 
of contaminants. The NDWAC's recommendation was that this section of 
the report should be entirely optional.
    EPA believes that the statute requires that the report include an 
explanation for the presence of contaminants and has included this 
requirement in Sec. 141.153(g)(1). The Agency agrees with stakeholders 
that the systems should be given flexibility in the wording of the 
explanation. Therefore, EPA's proposal includes optional language in 
proposed Sec. 141.153(g)(1)(i),(ii) and (iii) which systems may use to 
fulfill the requirement. Alternatively, subparagraph (iv) provides 
minimal language that a system may use to fulfill the requirement. 
Systems may also develop their own language. EPA is proposing to 
require that the language of subparagraph(v) be included in all reports 
since this language is mandated by the statute in section 
1414(c)(4)(B)(vi).

D. Required Health Information and Rationale

    All consumer confidence reports are required by today's proposed 
regulation to include a statement that some people may be more 
vulnerable to contaminants in drinking water than the general 
population. The statement goes on to identify several categories of 
persons who may be particularly at risk from infections, and encourages 
them to seek advice from their health providers. It further informs 
people that EPA/CDC Guidelines on appropriate means to lessen the risk 
of infection from Cryptosporidium may be obtained from the EPA Safe 
Drinking Water Hotline and provides the number, as required by the 1996 
Amendments. EPA is requesting comments on the clarity and usefulness of 
this statement, particularly whether it is clear that only certain 
populations are particularly at-risk from infectious contaminants and 
whether the statement is appropriate for inclusion in all reports.
    In addition to the health effects information that must be included 
in the report where there is a violation of an MCL discussed above, the 
rule also specifies language that must be included in the reports if 
the system has identified a violation of a treatment technique. This 
required health information for violation of the surface water 
treatment rule describes the

[[Page 7614]]

organisms that may be present in unfiltered or inadequately treated 
surface water, and presents information about the health effects that 
may result from consumption of such water. This section also addresses 
acrylamide and epichlorohydrin, which are impurities in chemicals used 
in drinking water treatment, and which are limited under treatment 
techniques specified by EPA. Required health effects language also must 
be provided in consumer confidence reports about these contaminants, if 
their specified treatment techniques are violated.

E. Report Delivery

    The rule being proposed today tracks section 1414(c) of SDWA with 
respect to how the reports should be delivered to drinking water system 
customers. It requires one copy of the report to be mailed to each 
customer, unless the Governor of a State has waived the mailing 
requirement and the system serves fewer than 10,000 persons. Systems 
for whom the mailing requirements have been waived are required to 
publish the report in one or more local newspapers serving the area in 
which the system is located; inform their customers, either in the 
newspapers in which the reports are published or by other means 
approved by the state, that the report will not be mailed; and make the 
reports available to the public upon request. A further exception is 
carved out in the Statute for systems serving 500 or fewer persons for 
which the Governor has waived the mailing requirements. These systems 
may forego publication of the report in a local newspaper if they 
provide notice by mail, door-to-door delivery, or posting in an 
appropriate location that the report is available upon request.
    The Agency has clarified the report delivery requirements with 
respect to community water systems that are in Indian Country. Under 
the proposed rule, Tribal Leaders can exercise the same authority as 
State Governors to waive the mailing requirement for systems serving 
fewer than 10,000 persons, if EPA finds that the tribe is eligible to 
be treated in the same manner as a state under section 1451 of SDWA for 
purposes of the authority to waive the mailing requirements for such 
systems contained in section 1414(c). Under section 1451 (codified at 
42 U.S.C. 300j-11) the Administrator of EPA is authorized to treat 
Indian Tribes in the same manner as States. Under today's rule, a tribe 
may seek eligibility to be treated in the same manner as a state for 
purposes of waiving the mailing requirement either by applying as part 
of the Tribe's application for primacy over the Public Water System 
Program or by applying separately for waiver authority. EPA is not 
requiring tribes to have primacy over other aspects of the Public water 
system Program to receive waiver authority.
    Under either option, a tribe must demonstrate, using the procedures 
outlined in 40 CFR section 142.76, that it meets the treatment in the 
same manner as a state eligibility requirements contained in SDWA 
section 1451 and 40 CFR section 142.72: (1) federal recognition; (2) a 
governing body exercising substantial governmental duties and powers; 
(3) jurisdiction; and (4) capability. Consistent with the Agency's 1994 
``Simplification Rule'' which simplified the tribal eligibility 
process, a tribe that has been treated in the same manner as a state 
for purposes of another EPA program will not need to reestablish the 
first two criteria when applying to waiver authority. Rather, such a 
tribe will only need to demonstrate that it meets the jurisdictional 
and capability requirements. For detailed guidance on demonstrating the 
eligibility requirements, see 53 FR 37396, 37398-402 and 59 FR 64339-
341. EPA proposes to amend CFR sections 142.72 and 142.78 to include 
the authority to waive the mailing requirement as a provision for which 
EPA is authorized to treat tribes in the same manner as states. EPA 
anticipates that a number of community water systems in Indian Country 
may be subject to this provision, and it is important for EPA to 
provide a mechanism by which the mailing requirement may be waived.
    In areas of Indian country where EPA has not found a tribe eligible 
to waive the mailing requirement and no state has been explicitly 
approved to implement the PWS program, EPA may waive the mailing 
requirement of 40 CFR Sec. 144.155(a). EPA does not believe it is 
appropriate to require Indian tribes to seek the authority to waive the 
mailing requirement because the SDWA does not require tribes to seek 
such authority and, while EPA has streamlined the process, seeking 
approval to be treated in the same manner as a state may still be a 
significant effort that Tribes may not wish to undertake solely to 
obtain the authority to waive the mailing requirement for consumer 
confidence reports. Yet, as noted above, EPA believes that small 
community water systems in Indian Country are just as likely, if not 
more likely to need the relief from the mailing requirement. EPA is 
authorized under SDWA Sec. 1451, where it is inappropriate or 
administratively infeasible to treat tribes as identical to states for 
a particular provision, to administer such provision in a manner that 
will achieve the purposes of the provision. EPA intends to exercise 
that authority to waive the mailing requirement for small systems in 
Indian Country in consultation with the Tribe to achieve the purposes 
of Section 1414(c) where the relevant tribe has not been approved to be 
treated in the same manner as a state and no state has been explicitly 
approved by EPA to implement the Public Water System program. EPA 
solicits comment on this issue.
    EPA considers ``Indian country'' or ``Indian lands'' to be: (a) all 
land within the limits of any Indian reservation under the jurisdiction 
of the United States government, notwithstanding the issuance of any 
patent, and including rights-of-way running through the reservation, 
(b) all dependent Indian communities within the borders of the United 
States whether within the original or subsequently acquired territory 
thereof, and whether within or without the limits of a State, and (c) 
all Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same. See 40 
CFR Sec. 144.3; see also 18 U.S.C. Sec. 1151. EPA has used the term 
``Indian lands'' in the past under SDWA, but has defined it as ``Indian 
country'' as defined under 18 U.S.C. Sec. 1151. See 40 CFR Sec. 144.3. 
To avoid confusion, EPA will use the term ``Indian country'' in today's 
proposed rule.
    In the course of its public meetings concerning the form and 
contents of the consumer confidence report requirements, EPA was urged 
by some members of the public to require the reports to be distributed 
to all consumers of water supplied by a particular community water 
system, rather than only to customers of the system which is the usage 
in section 1414(c). Advocates of the consumer-related approach argued 
that, for example, residents of apartment houses, condominiums, or 
other similar living accommodations might not be indicated in community 
water system billing records as customers, and thus would not receive 
personal copies of the reports. Rather than relying on their own 
customer lists, community water systems could obtain lists of postal 
patrons, utilize so-called criss-cross directories, use voter lists, or 
in some other way obtain lists of likely consumers of their supplied 
water. While the Agency recognizes that sending consumer confidence 
reports to water system customers may not reach every person who may 
have consumed water from the system, it believes that

[[Page 7615]]

alternative approaches may be more efficient than mandated mailings to 
all consumers. Therefore, today's rule calls for systems to make a 
``good faith'' effort to reach consumers who do not receive water 
bills, using means recommended by the Director of the State Drinking 
Water Program. Such means may include posting the report on the 
Internet, publishing it in subdivision newsletters, or asking landlords 
or apartment managers to post the report in a conspicuous place in 
their building. The Agency specifically requests comments on this 
issue.
    Under Sec. 141.155(b) of the rule, a community water system must 
send one copy of its report to the Director of the State Drinking Water 
Program, in States with primary enforcement authority. This provision 
will help to ensure that reports are prepared and distributed annually, 
since the report submitted to the State Director must be accompanied by 
a written certification that the report has been distributed to the 
system's customers and that the information contained in the report is 
correct and consistent with the compliance monitoring data previously 
submitted to the State. States will have the opportunity to set up 
State clearinghouses of consumer confidence reports, either as a State 
function or through a designated third party, so that interested 
persons could obtain copies of consumer confidence reports from those 
clearinghouses. At a minimum, states that do not set up a clearinghouse 
must maintain a list of the phone numbers of community water systems 
operators to assist interested persons in obtaining reports.
    Section 141.155(c) of the rule requires community water systems to 
mail a copy of their consumer confidence report to any other agency in 
the State with jurisdiction over community water systems. This could 
include public utilities commissions, if they have jurisdiction over 
rate making; public health agencies, which may either have primary 
jurisdiction over water systems or share that jurisdiction with other 
agencies; State environmental agencies; and State agricultural or 
natural resource agencies, if they have jurisdiction over water rights, 
wells, or other aspects of the system's source water. This section also 
authorizes the State Director to designate any other agencies or 
clearinghouses to which he can direct copies of the report to be sent.
    Section 141.155(e) specifies that all systems, regardless of size, 
are required to make their consumer confidence report available to the 
public upon request. The rule does not specify the means that systems 
must use, leaving them free to mail copies of reports, send them by 
telefax, or place copies on an Internet site. However, EPA believes 
that the means chosen must be practical from the standpoint of all 
potential persons requesting copies of the report. Thus, placing a copy 
of the report on the Internet but refusing to mail a copy to a person 
without Internet access would be contrary to the intent of this 
provision of the rule. The Agency is also interested in getting 
comments from States on their ability or interest in placing reports on 
the Internet to simplify access to the reports for the general public.
    Today's rule does not require that the report be delivered in 
languages other than English. However, Sec. 141.153, discussed above, 
does require systems in communities with a large proportion of non-
English speaking residents to include information in the appropriate 
language in their reports regarding the importance of the report or to 
offer additional information in that language.
    EPA has been encouraged to require posting of the consumer 
confidence reports on the Internet. However, the Agency is uncertain 
whether all community water systems possess the necessary means to set 
up and maintain an Internet site or, in some case, even to access the 
Internet; and whether community water system customers would find such 
posting to be useful. Therefore, the Agency is requesting comments on 
this subject, as described below.

F. Special State Implementation and Primacy Requirements, and Rationale

    As discussed in Section III.B., EPA is proposing that existing 
systems must deliver an initial report to customers within 14 months of 
the publication of the final rule in the Federal Register. New systems 
must deliver an initial report within 18 months after beginning water 
delivery service. See proposed section 141.152. Since EPA considers 
implementation of this rule to be a requirement for a State to obtain 
or maintain primary enforcement responsibility under SDWA Section 1413, 
each State with primacy must adopt the requirements of this Subpart (40 
CFR 141 Subpart O) no later than two years after the final rule is 
published in the Federal Register. See proposed section 142.16(f). As a 
result, within several years, all primacy States should have primary 
responsibility for implementation of this rule. During any time period 
that this rule is effective but that a State does not have either 
interim or final primary enforcement responsibility for this rule, EPA 
will implement this rule directly in that State.
    EPA is proposing that primacy States may adopt alternative 
requirements concerning the form and content of these reports through 
notice and comment rulemaking. EPA is proposing that the alternative 
requirements provide the same type and amount of information as 
required by the Federal regulations. Under the SDWA, a State in order 
to maintain primacy must adopt requirements which are no less stringent 
than the Federal regulations. In the case of consumer confidence 
reports, EPA is proposing to interpret stringency as type and amount of 
information. State members of the Working Group were concerned that 
this interpretation would limit the authority given to the states by 
Congress to develop alternative requirements with respect to form and 
content of the reports. EPA notes that this proposal contains few 
requirements not specifically mandated by the Statute. However, the 
Statute provides that the content of the report as prescribed by EPA's 
regulations need not be limited to the statutory elements. EPA has 
exercised this discretion in a few instances. For example, the rule 
would require information on the source of detected contaminant, and a 
warning on infectious agents. The Agency's interpretation of stringency 
would require state regulations to include the provisions for 
information on contaminant sources and the health warning to 
susceptible populations. EPA is requesting comments on whether any 
information beyond that specifically required by the Statute should be 
mandatory for inclusion in state regulations. Under the proposed rule, 
States already would have flexibility in specifying how the required 
information is presented. For example, definitions of terms, choice of 
units for the MCLs, or health effect language could be altered by the 
states. These changes would have to be approved by EPA in the context 
of primacy revisions.
    The proposed rule contains a requirement that each State with 
primary enforcement authority make consumer confidence reports 
submitted to it available to the public upon request or maintain a list 
of telephone numbers for operators of community water systems that 
could be used by the public to request copies of reports directly from 
the water systems. Representatives from States expressed concern over 
the lack of resources in some states to serve as a central distribution 
point for the reports, and asserted that neither requirement was 
necessary, since States already maintain telephone numbers for the 
systems in the State, and State

[[Page 7616]]

Freedom of Information procedures are available if necessary to obtain 
access to documents held by the State. The Agency is requesting 
comments on whether either requirement should be incorporated into the 
regulation.

G. Health Effect Language and Rationale

    The SDWA Amendments require EPA to develop and include in the 
consumer confidence report regulations ``brief statements in plain 
language regarding the health concerns that resulted in regulation of 
each regulated contaminant.'' These statements are provided for use by 
community water systems in their reports as language that EPA believes 
accurately describes those health concerns that customers of the water 
system might appropriately have if they consume water containing 
contaminants at concentrations above the MCL.
    The Agency has placed the brief statements on health concerns in an 
appendix to the regulations, because most community systems are in 
compliance with the regulations and will not need to refer to this 
language. However, the Agency considers the language of the statements 
to be mandatory for use in the consumer confidence reports, unless 
individual states choose to alter the language for their own 
regulations.
    EPA examined a number of sources that could be used as the basis 
for the brief statements on health concerns, and held extensive 
discussions with the NDWAC working group and with its expert panel on 
the topic. The two groups looked primarily at the language developed by 
EPA for public notification purposes, (Sec. 141.32) which emphasizes 
how the MCLs were developed, and EPA's contaminant-specific fact 
sheets, which EPA distributes through the SDWA Hotline. The fact sheets 
convey more information on expected health effects on humans. In 
general, the language in Appendix B being proposed today is a 
distillation of information contained in EPA fact sheets which are 
included in the docket for this rulemaking.
    The expert panel urged EPA to avoid scientific jargon in preparing 
the brief statements. The panel also stressed the importance of 
communicating effectively that MCLs are set using a conservative 
approach. Some members of the expert panel also stated that exceedence 
of an MCL does not necessarily lead to health effects. EPA believes 
that the proposed language conveys appropriate risk information by 
indicating that chronic adverse health effects ``could'' result from 
exposures ``in excess'' or ``well in excess'' of the MCL ``over many 
years.'' In cases where human or animal exposure to high doses have 
indicated that a contaminant is a possible carcinogen, the language 
indicates that people who drink water containing the contaminant at 
levels above the MCL over many years ``may have an increased risk of 
getting cancer.'' EPA believes that the proposed health effects 
language accurately conveys what is known about the risk from these 
contaminants, but is sensitive to the concern that some water system 
customers may interpret the language as indicating a significantly 
higher level of incremental risk than would actually result from 
exposures at the levels that are likely to occur. EPA is thus seeking 
comment on whether there are other ways to communicate to water system 
customers the degree of health risk they may face as a result of MCL 
violations.
    The expert panel further recommended that the statements indicate 
whether human or animal studies formed the basis for identifying 
adverse health effects. However, EPA is not sure whether this 
information is useful to most customers in evaluating the health 
significance of MCL violations, and is mindful of the need to keep the 
language brief and easy to understand. Thus, the proposed language does 
not indicate whether the potential health effects were identified 
through human or animal studies. EPA is requesting comment on this 
issue.
    More generally, EPA is requesting comments on whether the proposed 
language accurately summarizes the health concerns associated with each 
contaminant, whether the proposed language accurately reflects the risk 
assessments and health analyses underlying the regulations of each 
contaminant and whether the language adequately informs consumers of 
relevant health effects. EPA requests commenters to provide alternative 
health effects language and the rationale for such alternative 
language. The Agency itself will continue to explore the adequacy of 
the proposed health effects language for accurately and appropriately 
communicating information about risk. EPA also requests comments on the 
fact sheets and their accuracy in summarizing the health effects of 
regulated contaminants and whether, as an alternative to the language 
of Appendix B, systems should be allowed to simply enclose an approved 
EPA fact sheet to provide health effects information.
    EPA is particularly interested in the language proposed for 
contaminants which present a special risk to pregnant women or 
children. Several stakeholders have advocated requiring all consumer 
confidence reports to include language alerting consumers to the 
dangers posed to pregnant women and children by certain contaminants. 
For example, nitrate, lead, and certain non-specified pesticides have 
been identified as possibilities for general information on risk. The 
Agency believes that inclusion of such a warning in all reports may not 
be warranted but plans to reconsider this issue for the final rule and 
is requesting comments on appropriate courses of action. The Agency 
notes that the MCL for nitrates and the action level for lead have been 
established at levels protective of these at-risk populations. The 
health effects language included in Appendix B reflects the special 
risk that these contaminants may cause. Most importantly, EPA's public 
notification regulations require immediate notification and explanation 
of health effects for violations of these standards, including impacts 
on pregnant women and children. EPA does not believe that the consumer 
confidence reports are adequate for addressing these risks because they 
will not generally be received soon enough. Nevertheless, violations of 
these standards will also be included in the reports. EPA is 
specifically requesting comments on the language in Appendix B. With 
regard to pesticides and other contaminants EPA is interested in 
information and data that commenters may have on the need for a special 
warning for pregnant women and children. EPA requests that commenters 
submit such information and data to the agency. EPA is also requesting 
comments on health effect language to be included in the consumer 
confidence reports for 3 regulated contaminants detected below the MCL 
(see Section IV.1 of this preamble). Commenters are also invited to 
consider this issue within the context of their response to the 
comments requested in Section IV.1.
    Issues regarding the linkage between the language of Appendix B and 
the public notification requirements are discussed in Section VI of 
this preamble.

IV. Additional Requests for Public Comments

    Throughout the preceding exposition, EPA has requested comment on 
various issues. Following are two more issues which did not fit cleanly 
into the discussion above and on which EPA would appreciate specific 
suggestions and comments.

[[Page 7617]]

1. Health Information on Additional Contaminants

    The 1996 Amendments authorize the Administrator to require language 
describing health concerns to be included in reports for ``not more 
than 3 regulated contaminants'' other than those detected at levels 
above the MCL. This provision was discussed at length during the 
working group meetings. Some members of the NDWAC working group 
strongly encouraged the Agency to require health effect information for 
total trihalomethanes (TTHMs), nitrate, and arsenic, even if they were 
not detected at levels above their respective MCLs, because of their 
question concerning the protectiveness of the MCLs. Other commenters 
argued that providing health effects descriptions for chemicals 
detected at concentrations below their MCLs would be confusing to 
report recipients. The NDWAC recommended that the Administrator not 
avail herself of this authority at this time.
    The Agency believes that it is important to use the authority 
provided by the statute in a judicious manner. Therefore it is 
requesting comments on the following alternatives, any of which may be 
included in the final rule.
    One option would be to require health effects language whenever a 
regulated contaminant, for which EPA has proposed to lower the MCL or 
promulgated a revised MCL for which the effective date has not yet 
occurred, is detected at a level above the lower level. The immediate 
impact of this option would be that systems which detect TTHMs above 
the proposed revised MCL of 80 mg/l would have to include the language 
of Appendix B describing the health effects of TTHMs in their reports. 
The Agency would then consider, as it proposes additional revised MCLS, 
whether health effect language for these contaminants should be 
included in the consumer confidence reports. These possible inclusions 
would be discussed in the preamble to these future rulemakings and, 
where appropriate, a direct final rule could be issued to require their 
inclusion in the reports prior to the promulgation of the new standard. 
A likely candidate for future requirements under this scheme would be 
arsenic.
    Another option would be to select 3 carcinogens for which the MCL 
allows a risk level in the range of 10-4 to 10-5. 
Candidates on this list include:

------------------------------------------------------------------------
               Contaminant                           Risk level         
------------------------------------------------------------------------
Carbon tetrachloride.....................  2 x 10-5                     
1,2-Dichloroethane.......................  1 x 10-5                     
Vinyl chloride...........................  1 x 10-4                     
Chlordane................................  7 x 10-5                     
1,2-Dichloropropane......................  1 x 10-5                     
Ethylene dibromide.......................  1.25 x 10-4                  
PCBs.....................................  1 x 10-4                     
Dichloromethane..........................  1 x 10-5                     
Dioxin...................................  1.3 x 10-4                   
Hexachlorobenzene........................  5 x 10-5                     
PAHs.....................................  1 x 10-5                     
------------------------------------------------------------------------

    The Agency is requesting comments on which of these contaminants 
would be the most significant from a health standpoint if detected in 
the finished water. The Agency could rank these contaminants and 
systems would have to report their top three detects or select 3 
contaminants outright. The Agency is also requesting comments on 
whether it should select a threshold for these contaminants such as 
detection of 50% or greater of the MCL below which no health effect 
language would be necessary.

2. Linkage With the Public Notification Requirements

    EPA is currently revising its requirements for public notification. 
A water supplier triggers these requirements when it fails to comply 
with a MCL, treatment technique, or other NPDWR (i.e., monitoring and 
treatment procedures), or is subject to a variance or exemption under 
section 1415. Current regulations [40 CFR 141.32] require public 
notification:

--by electronic media within 72 hours if the violation represents an 
acute health risk;
--by newspaper within two weeks and by mail within 45 days if the water 
system violates a MCL or treatment technique; and
--by mail and newspaper within 90 days if the water system violates a 
monitoring or testing standard.

    Under the 1996 SDWA Amendments, EPA must revise these standards so 
that consumers receive quicker notification in the event of a possible 
acute health risk, and so that water suppliers have more time (up to 
one year) to notify customers of violations with less immediate 
effects. The statutory requirements for these revisions would allow 
water systems to incorporate their reporting on less serious 
violations: (I) in the first bill (if any) prepared after the date of 
the occurrence of the violation, (II) in an annual report issued not 
later than 1 year after the date of the occurrence of the violation, or 
(III) by mail or direct delivery as soon as practicable, but not later 
than 1 year after the occurrence of the violation [section 
1414(c)(2)(D)(i)].
    The option exists for a linkage between the rule proposed today and 
those that EPA will revise for public notification. EPA recognizes that 
the inclusion of some public notice elements in annual consumer 
confidence reports could mean a significant savings of time and 
resources for some water systems, and is mindful of its responsibility 
under the Paperwork Reduction Act to avoid unnecessarily duplicative 
reporting requirements. On the other hand, EPA does not want to 
minimize the seriousness of any violation, and believes that it is 
essential that consumers know if and when their water supplier has 
failed to comply with drinking water regulations.
    In trying to balance the issues noted above, EPA requests public 
comment on the following issues.
    Regarding violations of MCLs, action levels, and treatment 
techniques, the Agency realizes that today's rule would duplicate the 
current public notification requirements by requiring inclusion of 
essentially the same information as is currently required in 
Sec. 141.32(d) with the exception of the health effect language. The 
proposed rule would require a clear and readily understandable 
explanation of the violation, any potential adverse health effects, and 
the steps the system has taken to correct the violation. This could be 
helpful to consumers who might have overlooked or forgotten about the 
regular public notification. One issue on which EPA is specifically 
requesting comment is whether this health effect language would be 
appropriate for public notification requirements, since having a single 
set of health effects explanations would facilitate integration of the 
two rules. The Agency notes that when members of the working group 
discussed the health effect language they did not discuss it in that 
context. Under the current regulations any of these violations would 
have already been reported to the public and the consumer confidence 
reports were envisioned as a reminder of what customers had already 
been told. Further the working group was mindful of the limited amount 
of information which could be included in consumer confidence reports 
on any specific issue. However, EPA has started the process of revising 
the public notification requirements pursuant to the 1996 Amendments to 
the SDWA and this issue has been raised. Therefore, EPA requests 
comments on the following options:
    As this rule is promulgated the Agency would replace the health 
effect language in Sec. 141.32 with the language

[[Page 7618]]

proposed in Appendix B of today's proposal so that the same language 
would be included in consumer confidence reports and public 
notifications.
    The Agency would not modify the public notification language until 
it promulgated revised regulations for public notification but the 
language proposed today would form the core of the public notification 
language and be expanded as seen fit for the purpose of public 
notification.
    Today's proposal is similarly redundant with the current public 
notification requirements for violations of other NPDWRs (such as 
monitoring and reporting). A less redundant alternative would allow 
water systems to simply note a violation of an NPDWR and to attach to 
their consumer confidence report a copy of the notice issued at the 
time of the violation.
    Finally, since SDWA allows public notice for less serious 
violations within one year, there might be some violations which 
systems would need to report exclusively in the consumer confidence 
report. These could even include MCL violations for some contaminants 
with strictly chronic health effects. This would allow community water 
systems to put out fewer mailings. Besides saving resources, a reduced 
number of mailings might encourage consumers to read those notices that 
they do receive. This option however would only be available to 
community water systems. Non-community water systems who are not 
subject to these requirements would have to issue a public notification 
for all violations.
    If water suppliers were to report certain violations only in the 
consumer confidence report, EPA would add language along the following 
lines to the proposed regulation:

--[at Sec. 141.153(d)(4)(ii)] If the report is used to satisfy the 
requirements of section 1414(c)(2)(D) of SDWA, the report must include 
information on [a subset to be determined of] violations which have 
occurred within the last 12 months.
--[at Sec. 141.155(d)] Except when the report is used to satisfy the 
requirement of section 1414(c)(2)(D) of SDWA, the Governor of a State 
or the Tribal Leader can waive the mailing requirement of 
Sec. 144.155(a) for community water systems serving fewer than 10,000 
persons.

    The Agency is requesting comments on this option. Particularly the 
Agency would welcome input on violations which systems could 
appropriately report exclusively in the consumer confidence reports. 
These comments will be used to inform both this rulemaking and the 
public notification revisions rulemaking.

V. Cost of Rule

    EPA has estimated the costs of complying with the requirements of 
the proposed rule in terms of fixed costs and variable costs. Fixed 
costs include those costs that a community water system must incur to 
comply with the requirements regardless of how many copies of the 
report it must deliver. These costs include the costs associated with 
reviewing the regulations, collecting data regarding monitoring results 
and MCL violations, preparing the technical content of the consumer 
confidence report in a format suitable for distribution, identifying 
the recipients of the reports, and providing instructions about report 
production. Variable costs are costs that increase or decrease along 
with the number of consumer confidence reports to be delivered. These 
costs include costs of producing the reports (costs of paper, 
photocopying or printing, and labels), and inserting the reports in 
bills or otherwise delivering them. Based on its analysis, the Agency 
estimates the total fixed and variable annualized cost of delivering a 
report to every customer served by all community water systems 
nationally (except for California, which already requires notices 
similar to the consumer confidence reports required by the proposed 
rule) is $20,286,113. This includes $7,295,575 in fixed costs and 
$12,990,538 in variable costs. Table V.1 gives a breakdown of costs by 
system size and also shows state and federal costs.

BILLING CODE 6560-50-P

[[Page 7619]]

[GRAPHIC] [TIFF OMITTED] TP13FE98.006



BILLING CODE 6560-50-C

[[Page 7620]]

    For more information about the costs of the rule and how EPA 
estimated them, see the Regulatory Flexibility Screening Analysis and 
the Supporting Statement for the EPA Information Collection Request 
(ICR #1832.01) that EPA submitted for OMB approval under the Paperwork 
Reduction Act. EPA is requesting comment on its cost estimates and 
methodology.

VI. Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of the 
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 a ``significant regulatory 
action'' because it may raise novel legal or policy issues. The rule 
represents the first time that water systems will be required to submit 
important information to customers regarding the quality of their 
drinking water on a routine basis. Therefore, EPA submitted this action 
to OMB for review. Substantive changes made in response to OMB 
suggestions or recommendations will be documented in the public record.

B. Regulatory Flexibility Act

1. General
    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA), requires EPA to 
consider explicitly the effect of proposed regulations on small 
entities. The Agency assesses the impact of the proposed rule on small 
entities and considers regulatory alternatives if a rule has a 
significant economic impact on a substantial number of small entities. 
Under the RFA, 5 U.S.C. 601 et seq., an agency must prepare an initial 
regulatory flexibility analysis (IRFA) describing the economic impact 
of a rule on small entities as part of rulemaking. However, under 
section 605(b) of the RFA, if EPA certifies that the rule will not have 
a significant economic impact on a substantial number of small 
entities, EPA is not required to prepare an IRFA.
    EPA has determined that this proposed rule will affect small water 
utilities, since it is applicable to all community water systems, 
including small systems. However, EPA has estimated the impact of the 
proposed rule and concluded that the impact of the rule will not be 
significant. Therefore, the Administrator is today certifying, pursuant 
to section 605(b) of the RFA, that this proposed rule will not have a 
significant economic impact on a substantial number of small entities. 
The basis for this certification is as follows: the annualized 
compliance costs of the rule represent less than 1% of sales for small 
businesses and less than 1% of revenues for small governments. No small 
not-for-profit enterprises were identified as community water systems. 
For this analysis EPA selected systems serving 10,000 or fewer persons 
as the criterion for small water systems and therefore as the 
definition of small entity for the purposes of the RFA. This is the 
cut-off level specified by Congress in this provision for small system 
flexibility in delivery of the reports. Because this does not 
correspond to the definition established under the RFA, EPA has 
consulted with the Small Business Administration (SBA) on the use of 
this alternative definition (see next section). Further information 
supporting this certification is available in the public docket for 
this rule.
    Since the Administrator is certifying this rule, the Agency did not 
prepare an IRFA. Nevertheless, the Agency has conducted outreach to 
address the small-entity impacts that do exist and to gather 
information. The Agency also has structured the rule to avoid 
significant impacts on a substantial number of small entities by 
providing flexibility to community water systems in the design of 
consumer confidence reports; offering them the choice to use a 
simplified format to prepare the reports; incorporating procedures by 
which small systems can make reports available to their customers by 
methods other than mailing; and by limiting the absolute requirement 
for distribution of reports to water system customers rather than 
consumers. Further the Agency notes that in general the regulations 
issued under SDWA place a lesser burden on small systems, for example, 
the TTHM and information collection rules do not apply to small 
systems. For most regulated contaminants, small systems have to collect 
fewer samples. Therefore the small systems operators will have 
significantly less information to report in consumer confidence 
reports.
2. Use of Alternative Definition
    As explained above, for this assessment of impact on small 
entities, EPA has defined a small entity as a public water system (PWS) 
that serves 10,000 or fewer persons. PWSs affected by this proposal 
would include PWSs owned and operated by governmental jurisdictions as 
well as those that are privately owned. As indicated above, there are 
no PWSs owned by not-for-profit organizations.
    EPA proposes to define ``small entity'' for purposes of its 
regulatory flexibility assessments under the RFA for all future 
drinking water regulations in the same way. By using this definition 
for the regulatory flexibility assessments, EPA will better reflect the 
realities of the drinking water industry. Furthermore, this definition 
is consistent with specific direction from Congress in several 
provisions of the 1996 amendments that provide relief from regulatory 
requirements for PWSs serving 10,000 or fewer people.
    As previously described, the RFA requires an agency, whenever it 
publishes a notice of general rulemaking, to prepare a regulatory 
flexibility analysis that describes the impact of a rule on small 
entities unless the agency certifies that the rule will not have a 
significant impact on a substantial number of small entities. 5 U.S.C. 
Secs. 603(a), 604(a) and 605(b). Under the RFA, the term ``small 
entity'' means ``small business,'' ``small governmental jurisdiction'' 
and ``small organization.'' These terms are further defined by the Act.
    In the case of a ``small business,'' the term has the same meaning 
as a ``small business concern'' under section 3 of the Small Business 
Act. ``Small governmental jurisdiction'' means the government of 
cities, counties, towns and villages, among others, with a population 
of less than 50,000. A ``small organization'' is any not-for-profit 
enterprise that is independently owned and operated. 5 U.S.C. Sec. 601 
(3), (4) & (5).
    The RFA authorizes an agency to establish an alternative definition 
for these terms after an opportunity for

[[Page 7621]]

public comment. Additionally, in the case of an alternative definition 
of ``small business,'' an agency must consult with the Office of 
Advocacy of the Small Business Administration (SBA) concerning such 
alternative definition.
    EPA is today asking for public comment on its intention to define 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction'' for purposes of the regulatory flexibility assessments 
for its drinking water regulations as a PWS serving 10,000 or fewer 
people. The Agency has consulted with the SBA Office of Advocacy. The 
Office of Advocacy agreed with the Agency's choice of systems serving 
less than 10,000 persons for an alternative small business definition 
for this rulemaking, and plans to revisit this issue with EPA in future 
rulemakings under SDWA.
    The following provides additional explanation why the Agency 
proposes to use a different definition from that which would generally 
be applicable under the RFA.
    The alternate definition will focus the Agency's regulatory 
flexibility analysis on those PWS most likely to experience an economic 
hardship associated with complying with new drinking water regulations 
to be proposed under the Safe Drinking Water Act (SDWA). There are 
several compelling factual, statutory and programmatic reasons to 
support the proposed definition.
    SBA has by regulation defined small business concerns. SBA 
regulations typically define a small business in terms of either total 
revenues or total employees. Under SBA's definition, a ``small,'' 
privately-owned water utility would be one with revenues of less than 
$5,000,000. Using this definition, ``small'' privately-owned water 
systems would include systems that serve up to approximately 40,000 
people. Ninety-eight percent of PWSs serve populations of 10,000 or 
fewer. The average annual revenue for a system in this class size is 
less than $600,000.
    The Agency has concluded that defining a ``small entity'' for RFA 
purposes as a PWS that serve 10,000 or fewer persons is both more 
reflective of the small water systems in the water supply industry and 
will provide a more meaningful analysis of those entities likely to 
have the most significant economic impacts as a result of drinking 
water regulations. It is the EPA's view that a population of 40,000 or 
fewer (or a private PWS with annual revenue of $5,000,000 or less) is 
not an appropriate criterion under the drinking water program for 
differentiating private small entities from larger ones. Using such a 
yardstick would not distinguish PWSs that have stronger technical 
expertise and revenue sources from those that do not. Using data from 
EPA's Community Water Supply Survey, a private community water system 
with revenues of $5 million would correspond to a system that serves 
more than 40,000 people. By contrast, community water systems that 
serve between 3,300 and 10,000 have a median revenue of $605,000. As a 
result, EPA believes it is reasonable to conclude that in virtually all 
circumstances, systems that serve 10,000 or fewer people have annual 
revenues well below $5 million. Given the economies of scale, the per 
family cost of system compliance with national drinking water 
regulations will be higher for systems serving populations of 10,000 or 
fewer because a smaller group of people will be paying for an inelastic 
set of regulatory requirements. Thus, the proposed definition will 
focus the Agency's resources on the needs and concerns of the systems 
that really need the assistance.
    In addition to the fact that the proposed alternative definition of 
``small business'' better reflects the reality of this industry, the 
definition is consistent both with Congressional direction for relief 
to small systems as well as EPA's historic regulatory practice. As part 
of the 1996 Safe Drinking Water Act Amendments, Congress expressly 
addressed the issue of small system size. Reflecting the same concerns 
that underlie the RFA, Congress recognized that PWSs below a certain 
size may have greater difficulty, for economic and technical reasons, 
in complying with the public health provisions of the SDWA than larger 
systems. Consequently, the 1996 amendments specifically provide that 
for systems serving under 10,000, the Administrator may allow 
alternative treatment technologies, modified monitoring schedules, and 
variances from maximum contaminant levels. Congress also provided that 
the Administrator may consider additional flexibility for systems that 
serve 3,300 people or fewer. Specifically, the Administrator may grant 
extensions of temporary exemptions from compliance with specific 
drinking water standards so long as the exemption does not result in an 
unreasonable risk to health. And, as discussed previously, the SDWA 
provisions on which this proposed rule are based provide still an 
additional level of flexibility in the report distribution requirements 
to systems serving 500 or fewer persons.
    EPA has historically recognized that smaller systems have financial 
and technical difficulty in meeting Federal drinking water standards. 
As a result of this concern, the Agency's regulations have in some 
cases treated systems serving 10,000 or fewer customers differently. 
For example, in 1979, EPA issued regulations for one group of 
disinfection by-products (total trihalomethanes or TTHM) that exempted 
systems serving 10,000 or fewer persons. In 1994, EPA proposed the 
Stage 1 Disinfection/Disinfection By-Products rule, that provided 
systems serving 10,000 or fewer with at least 24 months longer than 
larger system to comply with the regulation depending on the system 
type. EPA routinely evaluates the economic impacts of a proposed 
drinking water regulation on public water systems (both publicly and 
privately owned) serving 10,000 or fewer people. EPA has specifically 
focused on this subgroup in the Disinfection Byproducts Stage 1, the 
Interim Enhanced Surface Water Treatment Rule and the Total Coliform 
Rule.
    The Agency will be proposing a number of regulations over the next 
five years to meet its new SDWA obligations. The use of a single 
definition for purposes of the regulatory impact analysis for small 
business, small governmental jurisdiction, and small organization 
should decrease confusion for the regulated community and facilitate 
communication.
    The Agency is interested in receiving comments on the use of this 
alternative definition of small entity.

C. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. An Information Collection Request (ICR) document 
has been prepared by EPA (ICR No. 1832.01) and a copy may be obtained 
from Sandy Farmer, OPPE Regulatory Information Division, U.S. 
Environmental Protection Agency (2137), 401 M Street SW, Washington, DC 
20460 or by calling (202) 260-2740. The information collection 
requirements are not effective until OMB approves them.
    This information is being collected in order to fulfill the 
statutory requirements of section 114(c)(4) of the Safe Drinking Water 
Act Amendments of 1996 (Public Law 104-182) enacted August 6, 1996. 
Responses are mandatory.
    The burden to the regulated community is based on the cost of the 
rule discussed under section V. The burden to community water systems 
is 459,505 hours at an annual cost of $20,286,113. The estimated number 
of

[[Page 7622]]

respondents is 47,040 community water systems. The frequency of 
responses is annual. The average burden per response is 9.5 hours. For 
additional information on burden to water systems by size category, see 
Table V.1 above. The annual burden to EPA and state primacy agencies 
over three years is based on 3 elements: preparing reports for some 
small community water systems, receiving and reviewing reports, and 
filing reports. EPA estimates the annual burden incurred by 
implementing agencies for activities associated with the proposed 
regulations to be approximately 98,230 hours at an annual cost of 
$2,784,692.
    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 way to comply 
with any previous 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.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICR to the 
Director, OPPE Regulatory Information Division, U.S. Environmental 
Protection Agency (2137), 401 M Street SW, Washington, D.C. 20460; and 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, 725 17th Street NW, Washington, D.C. 20503, 
marked ``Attention: Desk Officer for EPA.'' Include ICR number 1832.01 
in any correspondence.

D. Enhancing the Intergovernmental Partnership

    Executive Order 12875, ``Enhancing Intergovernmental 
Partnerships,'' October 26, 1993, requires EPA to consult with State, 
tribal, and local entities in the development of rules that will affect 
them, and to document for OMB review the issues raised and how the 
issues were addressed. As described in Section II of the Supplementary 
Information above, EPA held extensive meetings with a wide variety of 
State, tribal, and local representatives, who provided meaningful and 
timely input in the development of the proposed rule. Summaries of the 
meetings have been included in the public docket for this rulemaking.

E. 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 any 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, 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.
    Because this rule is not estimated to impose annual costs of $100 
million or more on State, local, and tribal governments, or on the 
private sector, EPA is not required to prepare an unfunded mandate 
statement. This rule will establish requirements that affect small 
community water systems. EPA does not believe at this time that these 
requirements will significantly affect the systems or the governments 
that operate them. However, EPA is requesting comment on the issue. The 
Agency has already consulted with representatives of small governments 
that may be affected by the rule and will continue to do so prior to 
promulgation of the final rule. If EPA determines that the requirements 
may significantly or uniquely affect small governments, including 
tribal governments, the Agency will prepare a small government agency 
plan as required.

F. Environmental Justice

    Pursuant to Executive Order 12898 (59 FR 7629, February 16, 1994), 
The Agency has considered environmental justice related issues with 
regard to the potential impacts of this action on the environmental and 
health conditions in low-income and minority communities. The Agency 
believes that two of today's proposed requirements will be particularly 
beneficial to these communities. One is that community water systems 
must include information in language other than English if a 
significant number of the population does not speak English. The other 
is that systems must make a good faith effort to reach consumers who 
are not bill paying customers.

G. Risk to Children Analysis

    Under the Executive Order entitled ``Protection of Children from 
Environmental Risks and Safety Risks,'' dated April 21, 1997, EPA must 
ensure that its policies, programs, activities, and standards address 
environmental and safety risks to children. Every regulatory action 
submitted to OMB for review under Executive Order 12866 must include 
information that evaluates the environmental health and safety effects 
of the planned regulation on children and explains why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by the Agency.
    The proposed regulation on consumer confidence reports addresses 
risks to children from contaminants in drinking water. The health 
effects language provided in Appendix B of the proposed rule identifies 
risks to infants and children from drinking water containing lead, 
nitrate, or nitrite in excess of specified levels. EPA is specifically 
requesting comments on this language and solicits information that 
could lead to inclusion of similar language for

[[Page 7623]]

violations of other contaminants particularly pesticides.

H. National Technology Transfer and Advancement Act

    Under section 12(d) of the National Technology Transfer and 
Advancement Act, the Agency is required to use voluntary consensus 
standards in its regulatory and procurement 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, business practices, 
etc.) which are developed or adopted by voluntary consensus standard 
bodies. Where available and potentially applicable voluntary consensus 
standards are not used by EPA, the Act requires the Agency to provide 
Congress, through the Office of Management and Budget, an explanation 
of the reasons for not using such standards. Because this proposal does 
not involve or require the use of any technical standards, EPA does not 
believe that this Act is applicable to this rule. Moreover, EPA is 
unaware of any voluntary consensus standards relevant to this 
rulemaking. Therefore, even if the Act were applicable to this kind of 
rulemaking, EPA does not believe that there are any ``available or 
potentially applicable'' voluntary consensus standards.

List of Subjects in 40 CFR Parts 141 and 142

    Environmental protection, Administrative practice and procedure, 
Chemicals, Indian-lands, Intergovernmental relations, Radiation 
protection, Reporting and recordkeeping requirements, Water supply.

    Dated: February 10, 1998.
Carol W. Browner,
Administrator.

    For the reasons set out in the preamble, the Environmental 
Protection Agency proposes to amend 40 CFR parts 141 and 142 as 
follows:

PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS

    1. The authority citation for part 141 is revised to read as 
follows:

    Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.

    2. Subpart O is proposed to be added to read as follows:

Subpart O--Consumer Confidence Reports

Sec.
141.151  Purpose and applicability of this subpart.
141.152  Effective dates.
141.153  Content of the reports.
141.154  Required health information.
141.155  Report delivery.

Appendix A to Subpart O of Part 141--Regulated Contaminants
Appendix B to Subpart O of Part 141--Health Effect Language

Subpart O--Consumer Confidence Reports


Sec. 141.151  Purpose and applicability of this subpart.

    (a) This subpart establishes the minimum requirements for the 
content of annual reports that community water systems must deliver to 
their customers. These reports must contain information on the quality 
of the water delivered by the systems and characterize the risks (if 
any) from exposure to contaminants in the drinking water in an accurate 
and understandable manner.
    (b) Notwithstanding the provisions of Sec. 141.3, this subpart 
applies only to community water systems.
    (c) For the purpose of this subpart, customers are defined as 
billing units or hook-ups to which water is delivered by a community 
water system.
    (d) A State that has primary enforcement responsibility may adopt 
by rule, after notice and comment, alternative requirements for the 
form and content of the reports. The alternative requirements must 
provide the same type and amount of information as required by 
Secs. 141.153 and 141.154.


Sec. 141.152  Effective dates.

    (a) The Regulations in this Subpart shall take effect on [date 30 
days after publication of final rule in the Federal Register].
    (b) Existing community water systems must deliver the first report 
by [date 14 months after publication of final rule in the Federal 
Register] and annually thereafter.
    (c) New community water systems must deliver their first report 
within 18 months of the date they begin delivering water to customers 
and annually thereafter.


Sec. 141.153  Content of the reports.

    (a) Each community water system must provide to its customers an 
annual report that contains the information specified in this section 
and Sec. 141.154.
    (b) Information on the source of the water delivered. (1) Each 
report must identify the source(s) of the water delivered by the 
community water system by providing information on:
    (i) The type of the water: e.g. surface water, groundwater; and
    (ii) The commonly used name (if any) and location of the body (or 
bodies) of water.
    (2) If a source water assessment has been completed, the report 
must notify consumers of the availability of this information and the 
means to obtain it.
    (c) Definitions. (1) Each report must include the following 
definitions:
    (i) Maximum Contaminant Level Goal or MCLG: The level of a 
contaminant in drinking water below which there is no known or expected 
risk to health.
    (ii) Maximum Contaminant Level or MCL: The highest level of a 
contaminant that is allowed in drinking water.
    (2) A report for a community water system which has been granted a 
variance or an exemption must include the following definition:
    Variances and Exemptions: State permission not to meet an MCL or a 
treatment technique under certain conditions.
    (3) A report which contains data on a contaminant for which EPA has 
set a treatment technique or an action level must include the following 
definitions:
    (i) Treatment Technique: A required process intended to reduce the 
level of a contaminant in drinking water.
    (ii) Action Level: The concentration of a contaminant which 
triggers treatment or other requirement which a water system must 
follow.
    (d) Level of detected contaminants. (1) Each report must contain 
relevant information to provide customers with an accurate picture of 
the level of contaminants they may have been exposed to during the year 
taking into account such factors as seasonal variations that produce 
changes in water quality.
    (2) The first report must identify the 12-month period during which 
the data was collected. Each report thereafter must cover and identify 
a successive 12-month period.
    (3) Each report must contain a discrete table depicting the data 
specified below. Any additional monitoring results which a community 
water system chooses to include in its report must be displayed 
separately.
    (i) The data must be derived from data collected to comply with EPA 
and State monitoring and analytical requirements for:
    (A) contaminants subject to an MCL, action level or treatment 
technique (regulated contaminants);
    (B) any other contaminant for which monitoring is required by 
Sec. 141.40 (unregulated contaminants); and
    (C) monitoring for disinfection by-products or microbiological

[[Page 7624]]

contaminants as required by Secs. 141.140 and 141.142, except as 
provided under paragraph (d)(4) of this section.
    (ii) Where a system is allowed to monitor for certain contaminants 
less often than once a year, the report must include the results and 
date of the most recent sampling and a brief explanation for why the 
sample was not taken within the 12-month period covered by the report.
    (iii) For detected regulated contaminants (listed in Appendix A to 
this subpart), the table must contain:
    (A) The MCL for that contaminant expressed in whole numbers (such 
as those in Appendix A to this subpart);
    (B) The MCLG for that contaminant expressed in the same units;
    (C) If there is no MCL for a detected contaminant, the table must 
note whether there is a treatment technique or specify the action level 
applicable to that contaminant, and the report must include the 
definitions for treatment technique and action level specified in 
paragraph (c)(3) of this section;
    (D) The highest contaminant level used to determine compliance with 
an NPDWR. This may be either an individual reading or an average, 
depending on compliance monitoring requirements for the contaminant. 
The table must clearly identify MCLs for which compliance is based on 
an average and explain what that means. When an MCL is based on a 
system-wide average and more than 10 percent of the customers are 
exposed to a level of contaminant which is consistently higher than the 
MCL, the report must contain information regarding the magnitude of 
exposure and the location of the exposed population.
    (E) The likely source(s) for the contaminant. If the operator is 
not certain of the specific source of a contaminant, the reports must 
include the typical sources for that contaminant listed in Appendix A 
to this subpart.
    (F) If a community water system distributes water to its customers 
from several raw sources and the sources are not blended, the table 
should contain a separate column for each service area and the report 
should identify the service area for each entry point.
    (iv) The table must clearly identify regulated contaminants 
detected in violation of a MCL or exceeding an action level, and the 
report must contain a clear and readily understandable explanation of 
the violation including: the length of the violation, the potential 
adverse health effects, and actions taken by the system to address the 
violation. To describe the potential health effects the system must use 
the relevant language of Appendix B to this subpart.
    (v) For detected unregulated contaminants for which monitoring is 
required, (except Cryptosporidium) the table must contain the highest 
level at which the contaminant was detected. The reports may include a 
brief explanation of the reasons for monitoring for unregulated 
contaminants.
    (4) If the system has performed any monitoring for Cryptosporidium, 
including monitoring performed to satisfy the requirements of 
Sec. 141.142, which indicates that Cryptosporidium may be present in 
the source water or the finished water, the report must include:
    (i) A summary of the results of the monitoring;
    (ii) Information on how the monitoring was performed; and
    (iii) An explanation of the significance of the results.
    (5) If the system has performed any monitoring for radon which 
indicates that radon may be present in the finished water, the report 
must include:
    (i) the results of the monitoring;
    (ii) information on how the monitoring was performed; and
    (iii) an explanation of the significance of the results.
    (6) If the system has performed additional monitoring which 
indicates the presence of other contaminants in the finished water, EPA 
strongly encourages systems to report any results which may indicate a 
health concern. To determine if results may indicate a health concern, 
EPA recommends that systems find out if EPA has proposed an NPDWR or 
issued a health advisory for that contaminant by calling the Safe 
Drinking Water Hotline (800-426-4791). EPA considers detects above a 
proposed MCL or health advisory level to indicate possible health 
concerns. For such contaminants, EPA recommends that the report 
include:
    (i) The results of the monitoring; and
    (ii) An explanation of the significance of the results noting the 
existence of a health advisory or a proposed regulation.
    (e) Compliance with NPDWR. In addition to the requirements of 
Sec. 141.153(d)(3)(iv), the report must:
    (1) Note any violation of the following requirements:
    (i) Monitoring and reporting;
    (ii) Treatment techniques;
    (A) Filtration and disinfection;
    (B) Lead and copper control requirements;
    (C) Treatment techniques for Acrylamide and Epichlorohydrin;
    (iii) Record keeping;
    (iv) Special monitoring requirements; and
    (v) Violation of the terms of a variance, an exemption, or an 
administrative or judicial order; and
    (2) Include a clear and readily understandable explanation of the 
violation, any potential adverse health effects, and the steps the 
system has taken to correct the violation. For a violation of a 
treatment technique, the report must include the relevant health effect 
language of Sec. 141.154(c).
    (f) Variances and exemptions. If a system has been granted a 
variance or an exemption, the report must contain:
    (1) An explanation of the reasons for the variance or exemption;
    (2) The date on which the variance or exemption was issued;
    (3) A brief status report on the steps the system is taking to 
install treatment, find alternative sources of water, or otherwise 
comply with the terms and schedules of the variance or exemption; and
    (4) A notice of any opportunity for public input in the review of 
the variance or exemption.
    (g) Additional information. (1) The reports must contain a brief 
explanation regarding contaminants which may reasonably be expected to 
be found in drinking water including bottled water. This explanation 
may include the language of paragraphs (g)(1)(i) through (iii) of this 
section. Paragraph (g)(1)(iv) of this section is provided as a minimal 
alternative to paragraphs (g)(1)(i) through (iii) of this section. 
Systems may also develop their own comparable language. The report also 
must include the language of paragraph (g)(1)(v) of this section.
    (i) The sources of drinking water (both tap water and bottled 
water) include rivers, lakes, streams, ponds, reservoirs, springs, and 
wells. As water travels over the surface of the land or through the 
ground, it dissolves naturally-occurring minerals and radioactive 
material, and can pick up substances resulting from the presence of 
animals or from human activity.
    (ii) Contaminants that may be present in source water include:
    (A) Biological contaminants, such as viruses and bacteria, which 
may come from sewage treatment plants, septic systems, agricultural 
livestock operations, and wildlife.
    (B) Inorganic contaminants, such as salts and metals, which can be 
naturally-occurring or result from urban storm run-off, industrial or 
domestic wastewater discharges, oil and gas production, mining, or 
farming.
    (C) Pesticides and herbicides, which may come from a variety of 
sources such as agriculture, storm water runoff, and residential uses.

[[Page 7625]]

    (D) Organic chemicals, including synthetic and volatile organics, 
which are by-products of industrial processes and petroleum production, 
and can also come from gas stations, urban storm water run-off and 
septic systems.
    (E) Radioactive materials, which can be naturally-occurring or be 
the result of oil and gas production and mining activities. (iii) In 
order to ensure that tap water is safe to drink, EPA prescribes 
regulations which limit the amount of certain contaminants in water 
provided by public water systems. FDA regulations establish limits for 
contaminants in bottled water.
    (iv) All drinking water, including bottled water, may reasonably be 
expected to contain at least small amounts of some contaminants.
    (v) The presence of contaminants does not necessarily indicate that 
water poses a health risk. More information about contaminants and 
potential health effects can be obtained by calling the Environmental 
Protection Agency's Safe Drinking Water Hotline (800-426-4791).
    (2) The report must include the telephone number of the owner, 
operator, or designee of the public water system as a source of 
additional information concerning the report.
    (3) In communities with a large proportion of non-English speaking 
residents, the report must contain information in the appropriate 
language regarding the importance of the report or contain a telephone 
number or address where such residents may contact the system to obtain 
a translated copy of the report or assistance in the appropriate 
language.
    (4) The systems must include in the report information (e.g., time 
and place of regularly scheduled board meetings) about opportunities 
for public participation in decisions that may affect the quality of 
the water.
    (5) The systems may include such additional information as they 
deem necessary for public education consistent with, and not detracting 
from, the purpose of the report.


Sec. 141.154  Required health information.

    (a) All reports must prominently display the following language: 
Some people may be more vulnerable to contaminants in drinking water 
than the general population. Immuno-compromised persons such as persons 
with cancer undergoing chemotherapy, persons who have undergone organ 
transplants, people with HIV/AIDS or other immune system disorders, 
some elderly, and infants can be particularly at risk from infections. 
These people should seek advice about drinking water from their health 
care providers. EPA/CDC guidelines on appropriate means to lessen the 
risk of infection by Cryptosporidium are available from the Safe 
Drinking Water Hotline (800-426-4791).
    (b) Reports which identify a violation of a treatment technique 
must include the relevant language listed in paragraph (c) of this 
section:
    (1) Surface Water Treatment Rule: (i) For unfiltered systems 
required to filter: Unfiltered water may contain organisms such as 
viruses, bacteria, and Giardia. When they are present in sufficient 
number, these organisms can cause symptoms such as diarrhea, cramps, 
headaches, and fatigue. EPA has determined that these organisms can be 
controlled more effectively by requiring water systems to filter that 
water rather than by setting an MCL.
    (ii) For filtered systems in violation of the SWTR: Inadequately 
treated water may contain organisms such as viruses, bacteria, Giardia, 
and Legionella. When they are present in sufficient number, these 
organisms can cause symptoms such as diarrhea, cramps, headaches and 
fatigue. EPA has determined that these organisms can be controlled more 
effectively by requiring water systems to filter and disinfect that 
water than by setting an MCL.
    (2) Acrylamide: Acrylamide is an impurity found in some chemicals 
used in drinking water treatment. EPA has determined that requiring 
proper use of water treatment chemicals is more effective than setting 
an MCL for their impurities. People who drink water containing high 
levels of acrylamide over a long period of time could have problems 
with their nervous system including paralysis and may have an increased 
risk of getting cancer.
    (3) Epichlorohydrin: Epichlorohydrin is an impurity found in some 
chemicals used in drinking water treatment. EPA has determined that 
requiring proper use of water treatment chemicals is more effective 
than setting an MCL for their impurities. People who drink water 
containing high levels of epichlorohydrin over a long period of time 
could experience stomach, eye, or skin irritation, and may have an 
increased risk of getting cancer.


Sec. 141.155  Report delivery.

    (a) Except as provided in paragraph (e) of this section, each 
community water system must mail one copy of the report to each 
customer. In addition, the system must make a good faith effort to 
reach consumers who do not get water bills, using means recommended by 
the State.
    (b) Each community water system must mail a copy of the report to 
the State with a certification that the report has been distributed to 
customers, and that the information is correct and consistent with the 
compliance monitoring data previously submitted to the State.
    (c) Each community water system must mail a copy of the report to:
    (1) Any other Agency in the State with jurisdiction over community 
water systems, such as Public Utility Commissions;
    (2) To State consumer advocate offices (if any); and
    (3) To any other Agency or Clearinghouse identified by the Drinking 
Water Program Director.
    (d) Each community water system must make its reports available to 
the public upon request.
    (e) The Governor of a State, or the Tribal Leader where the Tribe 
has met the eligibility requirements contained in Sec. 142.72 for the 
purposes of waiving the mailing requirement, can waive the mailing 
requirement of paragraph (a) of this section for community water 
systems serving fewer than 10,000 persons. In consultation with the 
tribal government, the regional Administrator may waive the mailing 
requirement of paragraph (a) of this section in areas in Indian country 
where no tribe has been deemed eligible.
    (1) Such systems must:
    (i) Publish the reports in one or more local newspapers serving the 
area in which the system is located;
    (ii) Inform the customers that the reports will not be mailed, 
either in the newspapers in which the reports are published or by other 
means approved by the State; and
    (iii) Make the reports available to the public upon request.
    (2) Systems serving 500 or fewer persons may forego the 
requirements of paragraphs (e)(1) (i) and (ii) of this section if they 
provide notice at least once per year to their customers by mail, door-
to-door delivery or by posting in an appropriate location that the 
report is available upon request.

BILLING CODE 6560-50-P

[[Page 7626]]

Appendix A to Subpart O to Part 141--Regulated Contaminants
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[[Page 7631]]

Appendix B to Subpart O of Part 141-- Health Effect Language

Biological Contaminants

    (1) Total Coliform. Coliforms are bacteria which are naturally 
present in the environment and are used as an indicator that other, 
potentially-harmful bacteria may be present. Coliforms were found in 
more samples than allowed and this was a warning of potential 
problems.
    (2) Fecal coliform/E.Coli. Fecal coliform and E. Coli are 
bacteria whose presence indicates that the water may be contaminated 
with human or animal wastes. Germs in these wastes can cause 
diarrhea, cramps, nausea, headaches, or fatigue.

Radioactive Contaminants

    (3) Beta/photon emitters. Certain minerals are radioactive; 
photons and beta radiation are types of radioactivity. People who 
drink water containing beta and photon emitters in excess of the MCL 
over many years may have an increased risk of getting cancer.
    (4) Alpha emitters. Certain minerals are radioactive and emit a 
form of radiation known as alpha radiation. People who drink water 
containing these alpha emitters in excess of the MCL over many years 
may have an increased risk of getting cancer.
    (5) Combined Radium 226/228. People who drink water containing 
Radium 226 or 228 in excess of the MCL over many years may have an 
increased risk of getting cancer.

Inorganic Contaminants

    (6) Antimony. People who drink water containing antimony well in 
excess of the MCL over many years could experience changes in the 
cholesterol or glucose level in their blood.
    (7) Arsenic. People who drink water containing arsenic well in 
excess of the MCL over many years could experience skin damage or 
problems with their nervous system.
    (8) Asbestos. People who drink water containing asbestos in 
excess of the MCL over many years could get lung disease or may have 
an increased risk of getting cancer.
    (9) Barium. People who drink water containing barium well in 
excess of the MCL over many years could experience high blood 
pressure.
    (10) Beryllium. People who drink water containing beryllium in 
excess of the MCL over many years could experience bone or lung 
problems, or may have an increased risk of cancer.
    (11) Cadmium. People who drink water containing cadmium well in 
excess of the MCL over many years could experience kidney problems.
    (12) Chromium. People who drink water containing chromium well 
in excess of the MCL over many years could experience problems with 
their kidneys or circulation.
    (13) Copper. Copper is an essential nutrient but people who 
drink water containing copper in excess of the action level over a 
relatively short amount of time could experience problems with their 
stomach or intestines. People who drink water containing copper well 
in excess of the action level over many years could suffer liver or 
kidney damage. People with Wilson's Disease should consult their 
personal doctor.
    (14) Cyanide. People who drink water containing cyanide well in 
excess of the MCL over many years could experience weight loss, 
nerve damage, or problems with their thyroid.
    (15) Fluoride. People who drink water containing fluoride well 
in excess of the MCL over many years could get bone disease.
    (16) Lead. Infants and children who drink water containing lead 
in excess of the action level could experience delays in their 
physical or mental development. Children could show slight deficits 
in attention span and learning abilities. Adults who drink this 
water over many years could develop kidney problems, high blood 
pressure, or may be at an increased risk of getting cancer.
    (17) Mercury. People who drink water containing mercury well in 
excess of the MCL over many years could experience kidney damage.
    (18) Nitrate. Infants below the age of six months who drink 
water containing nitrate in excess of the MCL could become seriously 
ill and die. Adults who drink water containing nitrates well in 
excess of the MCL over many years could experience kidney or spleen 
problems.
    (19) Nitrite. Infants below the age of six months who drink 
water containing nitrite in excess of the MCL could become seriously 
ill and die. Adults who drink water containing nitrite well in 
excess of the MCL over many years could experience kidney or spleen 
problems.
    (20) Selenium. Selenium is an essential nutrient. However, 
people who drink water containing selenium well in excess of the MCL 
over many years could experience hair or fingernail losses, or 
problems with their kidneys, liver, nervous system, or circulation.
    (21) Thallium. People who drink water containing thallium well 
in excess of the MCL over many years could experience changes in 
their blood, problems with their kidney, intestine, or liver, or 
hair loss.
    (22) Turbidity. There is no MCL for turbidity, and turbidity has 
no health effects. However, turbidity can provide a medium for 
bacterial growth.

Synthetic Organic Chemicals Including Pesticides and Herbicides

    (23) 2,4-D. People who drink water containing the weed-killer 
2,4-D well in excess of the MCL over many years could experience 
problems with their nervous system, kidneys, or liver.
    (24) 2,4,5-TP (Silvex). People who drink water containing silvex 
well in excess of the MCL over many years could experience minor 
liver or kidney problems.
    (25) Alachlor. People who drink water containing alachlor in 
excess of the MCL over many years could have problems with their 
liver, kidneys, or spleen, or may have an increased risk of getting 
cancer.
    (26) Atrazine. People who drink water containing atrazine in 
excess of the MCL over many years could experience weight loss, 
problems with their heart or retinas, some muscle deterioration, or 
may have an increased risk of getting cancer.
    (27) Benzo(a)pyrene [PAHs]. People who drink water containing 
benzo(a)pyrene in excess of the MCL over many years may have an 
increased risk of getting cancer.
    (28) Carbofuran. People who drink water containing carbofuran 
well in excess of the MCL over many years could experience problems 
with their nervous or reproductive systems.
    (29) Chlordane. People who drink water containing chlordane in 
excess of the MCL over many years could experience problems with 
their liver, kidneys, heart, lungs, spleen or adrenal glands, or may 
have an increased risk of getting cancer.
    (30) Dalapon. People who drink water containing dalapon well in 
excess of the MCL over many years could experience minor kidney 
changes.
    (31) Di (2-ethylhexyl) adipate. People who drink water 
containing di (2-ethylhexyl) adipate well in excess of the MCL over 
many years could experience reduced body weight or bone mass, 
problems with their liver or testicles, or may have an increased 
risk of getting cancer.
    (32) Di (2-ethylhexyl) phathalate. People who drink water 
containing di (2-ethylhexyl) phthalate in excess of the MCL over 
many years may have problems with their liver, testicles, or 
experience adverse reproductive effects, and may have an increased 
risk of getting cancer.
    (33) Dinoseb. People who drink water containing dinoseb well in 
excess of the MCL over many years could experience changes in their 
thyroid or testicles.
    (34) Dioxin (2,3,7,8-TCDD). People who drink water containing 
dioxin in excess of the MCL over many years could experience 
problems with their reproductive system and may have an increased 
risk of getting cancer.
    (35) Diquat. People who drink water containing diquat well in 
excess of the MCL over many years could get cataracts.
    (36) Endothall. People who drink water containing endothall well 
in excess of the MCL over many years could experience an increase in 
the size of their stomach or intestines.
    (37) Endrin. People who drink water containing endrin well in 
excess of the MCL over many years could experience convulsions or 
liver problems.
    (38) Glyphosate. People who drink water containing glyphosate 
well in excess of the MCL over many years could experience problems 
with their kidneys or adverse reproductive effects.
    (39) Heptachlor. People who drink water containing heptachlor in 
excess of the MCL over many years could experience extensive liver 
damage and may have an increased risk of getting cancer.
    (40) Heptachlor epoxide. People who drink water containing 
heptachlor epoxide in excess of the MCL over many years could 
experience extensive liver damage, and may have an increased risk of 
getting cancer.
    (41) Hexachlorobenzene. People who drink water containing 
hexachlorobenzene in excess of the MCL over many years could 
experience problems with their liver or kidneys, adverse 
reproductive effects, benign tumor of endocrine glands, and may have 
an increased risk of getting cancer.
    (42) Hexachlorocyclopentadiene. People who drink water 
containing hexachloro-

[[Page 7632 ]]

cyclopentadiene well in excess of the MCL over many years could 
experience problems with their stomach or kidneys.
    (43) Lindane. People who drink water containing lindane well in 
excess of the MCL over many years could experience problems with 
their kidneys or liver.
    (44) Methoxychlor. People who drink water containing 
methoxychlor well in excess of the MCL over many years could 
experience problems with their liver, heart, or kidneys.
    (45) Oxamyl [Vydate]. People who drink water containing oxamyl 
well in excess of the MCL over many years could experience weight 
loss.
    (46) PCBs [Polychlorinated biphenyls]. People who drink water 
containing PCBs in excess of the MCL over many years could 
experience irritation of the nose, throat, or gastrointestinal 
tract, and may have an increased risk of getting cancer.
    (47) Pentachlorophenol. People who drink water containing 
pentachlorophenol in excess of the MCL over many years could 
experience problems with their liver or kidneys, and may have an 
increased risk of getting cancer.
    (48) Picloram. People who drink water containing picloram well 
in excess of the MCL over many years could experience problems with 
their liver.
    (49) Simazine. People who drink water containing simazine in 
excess of the MCL over many years could experience tremors, have 
problems with their kidneys, liver, or thyroid, and have an 
increased risk of getting cancer.
    (50) Toxaphene. People who drink water containing toxaphene in 
excess of the MCL over many years could suffer from kidney or liver 
degeneration, have problems with their nervous system, and may have 
an increased risk of getting cancer.

Volatile Organic Chemicals

    (51) Benzene. People who drink water containing benzene in 
excess of the MCL over many years may have an increased risk of 
getting cancer.
    (52) Carbon Tetrachloride. People who drink water containing 
carbon tetrachloride in excess of the MCL over many years could 
experience problems with their liver and may have an increased risk 
of getting cancer.
    (53) Chlorobenzene. People who drink water containing 
chlorobenzene well in excess of the MCL over many years could 
experience problems with their kidneys, liver, or nervous system.
    (54) Dibromochloropropane (DBCP). People who drink water 
containing DBCP in excess of the MCL over many years could 
experience some kidney damage and may have an increased risk of 
getting cancer.
    (55) o-Dichlorobenzene. People who drink water containing o-
dichlorobenzene well in excess of the MCL over many years could 
experience problems with their liver, kidneys, nervous systems, or 
damage to their blood cells.
    (56) para-Dichlorobenzene. People who drink water containing p-
dichlorobenzene well in excess of the MCL over many years could 
experience anemia, skin lesions, loss of appetite, damage to their 
liver, or changes in their blood.
    (57) 1,2-Dichloroethane. People who drink water containing 1,2-
dichloroethane in excess of the MCL over many years may have an 
increased risk of getting cancer.
    (58) 1,1-Dichloroethylene. People who drink water containing 
1,1-dichloroethylene in excess of the MCL over many years could 
experience problems with their liver and kidneys and may have an 
increased risk of getting cancer.
    (59) cis-1,2-Dichloroethylene. People who drink water containing 
cis-1,2-dichloroethylene well in excess of the MCL over many years 
could experience problems with their liver, their circulation, or 
their nervous system.
    (60) trans-1,2-Dicholoroethylene. People who drink water 
containing trans-1,2-dichloroethylene well in excess of the MCL over 
many years could experience problems with their liver, their 
circulation, or their nervous system.
    (61) Dichloromethane. People who drink water containing 
dichloromethane in excess of the MCL over many years could have 
liver problems and may have an increased risk of getting cancer.
    (62) 1,2-Dichloropropane. People who drink water containing 1,2-
dichloropropane in excess of the MCL over many years could 
experience problems with their liver, kidneys, bladder, digestive or 
respiratory systems, and may have an increased risk of getting 
cancer.
    (63) Ethylbenzene. People who drink water containing 
ethylbenzene well in excess of the MCL over many years could 
experience problems with their liver, kidneys, central nervous 
system, or eyes.
    (64) Ethylene dibromide. People who drink water containing 
ethylene dibromide in excess of the MCL over many years could 
experience problems with their nervous system, liver, heart, or 
kidneys, and may have an increased risk of getting cancer.
    (65) Styrene. People who drink water containing styrene in 
excess of the MCL over many years could have problems with their 
liver and may have an increased risk of getting cancer.
    (66) Tetrachloroethylene. People who drink water containing 
tetrachloroethylene in excess of the MCL over many years could have 
problems with their liver, kidney or nervous system, and may have an 
increased risk of getting cancer.
    (67) 1,2,4-Trichlorobenzene. People who drink water containing 
1,2,4-trichlorobenzene well in excess of the MCL over many years 
could experience changes in their adrenal glands.
    (68) 1,1,1,-Trichloroethane. People who drink water containing 
1,1,1-trichloroethane well in excess of the MCL over many years 
could experience problems with their liver, nervous system or 
circulation.
    (69) 1,1,2-Trichloroethane. People who drink water containing 
1,1,2-trichloroethane in excess of the MCL over many years could 
have problems with their liver or kidneys, and may have an increased 
risk of getting cancer.
    (70) Trichloroethylene. People who drink water containing 
trichloroethylene in excess of the MCL over many years could 
experience problems with their liver and may have an increased risk 
of getting cancer.
    (71) THMs [Total Trihalomethanes]. People who drink water 
containing trihalomethanes in excess of the MCL over many years may 
have an increased risk of getting cancer.
    (72) Toluene. People who drink water containing toluene well in 
excess of the MCL over many years could have problems with their 
nervous system, kidneys, or liver.
    (73) Vinyl Chloride. People who drink water containing vinyl 
chloride in excess of the MCL over many years could have problems 
with their liver or nervous system, and may have an increased risk 
of getting cancer.
    (74) Xylenes. People who drink water containing xylenes well in 
excess of the MCL over many years could experience damage to their 
nervous system or problems with their liver or kidneys.

PART 142--NATIONAL PRIMARY DRINKING WATER REGULATIONS 
IMPLEMENTATION

    1. The authority citation for part 142 is revised to read as 
follows:

    Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.

    2. Section 142.10 would be amended by adding a new paragraph 
(b)(6)(vii) to read as follows:


Sec. 142.10  Requirements for a determination of primary enforcement 
responsibility.

* * * * *
    (b) * * *
    (6) * * *
    (vii) Authority to require community water systems to provide 
consumer confidence reports as required under 40 CFR part 141, subpart 
O.
* * * * *
    3. Section 142.16 would be amended by adding paragraph (f) to read 
as follows:


Sec. 142.16  Special primacy requirements.

* * * * *
    (f) Consumer confidence report requirements. (1) Each State that 
has primary enforcement responsibility must adopt the requirements of 
40 CFR part 141, subpart O, no later than [date 2 years after date of 
publication of final rule in the Federal Register]. States must submit 
revised programs to EPA for approval using the procedures in 
Sec. 142.12(b) through (d).
    (2) Each State that has primary enforcement responsibility must 
make reports submitted to the States in compliance with 40 CFR 
141.155(b) available to the public upon request or maintain a list of 
telephone numbers for operators of community water systems.
    (3) Each State that has primary enforcement responsibility must 
maintain the certifications obtained pursuant to 40 CFR 141.155(b) for 
a period of 5 years.

[[Page 7633]]

    4. Section 142.72 would be amended by revising the introductory 
text to read as follows:


Sec. 142.72  Requirements for tribal eligibility.

    The Administrator is authorized to treat an Indian tribe as 
eligible to apply for primary enforcement for the Public Water System 
Program and the authority to waive the mailing requirements of 40 CFR 
141.155(a) if it meets the following criteria:
* * * * *
    5. Section 142.78 would be amended by revising paragraph (b) to 
read as follows:


Sec. 142.78  Procedure for processing an Indian tribe's application.

* * * * *
    (b) A tribe that meets the requirements of 40 CFR 141.72 is 
eligible to apply for development grants and primacy enforcement 
responsibility for a Public Water System Program and associated funding 
under section 1443(a) of the Act and for primary enforcement 
responsibility for public water systems under section 1413 of the Act 
and for the authority to waive the mailing requirement of 40 CFR 
141.155(a).

[FR Doc. 98-3752 Filed 2-12-98; 8:45 am]
BILLING CODE 6560-50-P