[Federal Register Volume 65, Number 104 (Tuesday, May 30, 2000)]
[Rules and Regulations]
[Pages 34404-34405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13202]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 141

[FRL-6705-4]


Removal of the Maximum Contaminant Level Goal for Chloroform From 
the National Primary Drinking Water Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is removing the zero MCLG for chloroform from its National 
Primary Drinking Water Regulations (NPDWRs) in accordance with a recent 
order of the U.S. Court of Appeals for the District of Columbia 
Circuit.

DATES: The effective date of this rule is May 30, 2000.

ADDRESSES: The public docket for this and earlier rulemakings 
concerning the NPDWRs for disinfectants and disinfection byproducts (D/
DBPs), including the proposal, public comments in response to the 
proposal, other major supporting documents, and the index to the docket 
are available in the Water Docket, U.S. Environmental Protection 
Agency, 401 M Street SW, East Tower Basement, Washington, DC 20460. For 
information on how to access docket materials, please call the docket 
at (202) 260-3027 between 9 a.m. and 3:30 p.m. Eastern Standard Time, 
Monday through Friday.

FOR FURTHER INFORMATION CONTACT: For technical inquiries, contact 
Jennifer McLain at the U.S. Environmental Protection Agency, Office of 
Ground Water and Drinking Water (MC 4607), 1200 Pennsylvania Avenue NW, 
Washington, DC 20460; telephone (202) 260-0431. For general questions, 
please contact the Safe Drinking Water Hotline, (800) 426-4791, Monday 
through Friday from 9 a.m. to 5:30 Eastern Standard Time.

SUPPLEMENTARY INFORMATION:

A. Background

    In December, 1998 EPA promulgated National Primary Drinking Water 
Regulations (NPDWRs) for disinfectants and disinfection byproducts (D/
DBPs)

[[Page 34405]]

that included a Maximum Contaminant Level Goal (MCLG) of zero for 
chloroform, a disinfectant byproduct. The MCLG was challenged by the 
Chlorine Chemistry Council and Chemical Manufacturers Association, and 
the U.S. Court of Appeals for the District of Columbia Circuit found 
that EPA had not used the best available, peer-reviewed science to set 
the MCLG as required by the Safe Drinking Water Act. In Chlorine 
Chemistry Council and Chemical Manufacturers Association v. EPA, (No. 
98-1627) filed on March 31, 2000, the Court issued an order vacating 
the zero MCLG. Today EPA is removing the MCLG for chloroform from its 
NPDWRs to ensure that the regulations conform to the Court's order. No 
other provision of the D/DBP regulations is affected.

B. ``Good Cause'' Under the Administrative Procedure Act

    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because today's action is 
ministerial, to ensure the Code of Federal Regulations conforms to the 
Court's order. Thus, notice and public comment are unnecessary. EPA 
finds that this constitutes good cause under 5 U.S.C. 553(b)(B). For 
this same reason, EPA has also determined that it has ``good cause'' 
under 5 U.S.C. 553(d) to make the rule effective upon publication.

C. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedure Act or any other statute (see section B), it is not subject 
to the regulatory flexibility provisions of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded 
Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). In addition, 
this action does not significantly or uniquely affect small governments 
or impose a significant intergovernmental mandate, as described in 
sections 203 and 204 of UMRA. This rule also does not significantly or 
uniquely affect the communities of tribal governments, as specified by 
Executive Order 13084 (63 FR 27655, May 10 1998). This rule will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This rule also is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant.
    This rule does not impose technical standards; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule 
also does not involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994). This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). EPA's compliance with these statutes and 
Executive Orders for the underlying rule is discussed in 63 FR 69390 
(Dec. 16, 1998).
    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
Agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2).
    As stated previously, EPA has made such a good cause finding, 
including the reasons therefor, and established an effective date of 
May 30, 2000. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 141

    Environmental protection, Drinking water, Public utilities.

    Dated: May 18, 2000.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, Title 40, Chapter I of the 
Code of Federal Regulations is amended as follows:

PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS

    1. The authority citation for Part 141 continues to read as 
follows:

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


Sec. 141.53  [Amended]

    2. Section 141.53 is amended by removing the entry for chloroform.

[FR Doc. 00-13202 Filed 5-26-00; 8:45 am]
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