[Federal Register Volume 65, Number 127 (Friday, June 30, 2000)]
[Rules and Regulations]
[Pages 40520-40522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16363]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 141

[FRL-6726-1]
RIN 2040-AD06


National Primary Drinking Water Regulations: Public Notification 
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: The Environmental Protection Agency published in the Federal 
Register of May 4, 2000, final regulations to revise the public 
notification requirements that public water systems must follow under 
the Safe Drinking Water Act. Inadvertently, the May 4 document had 
several incorrect regulatory citations and other formatting problems. 
Today's action corrects the regulatory citations and the formatting 
problems.

DATES: Effective on June 30, 2000.

FOR FURTHER INFORMATION CONTACT: For technical inquiries, contact Carl 
B. Reeverts at (202) 260-7273 or e-mail: [email protected]. Contact 
the Safe Drinking Water Hotline, toll free (800) 426-4791 for general 
information about the rule and this correction notice.

SUPPLEMENTARY INFORMATION: The EPA published final public notification 
regulations in the Federal Register of May 4, 2000 (65 FR 25981). 
Several incorrect citations and formatting errors in the May 4, 2000 
document are corrected by today's action. Section 553 of the 
Administrative Procedure Act (APA), 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 public 
comment, because today's action only corrects formatting errors and 
minor citation errors in the final rule published in the Federal 
Register on May 4, 2000 (65 FR 25981). Thus, notice and public 
procedure are unnecessary. EPA finds that this constitutes good cause 
under 5 U.S.C. 553(b)(B). For the same reasons, EPA is making the 
provisions of this rule effective upon promulgation, as authorized 
under section 553(d) of the APA.

I. Corrections to the Regulation

Correction to Part 9 Table

    The amendment to part 9 in the May 4 document (65 FR 26021-22) 
revised the table under Sec. 9.1, OMB approvals under the Paperwork 
Reduction Act, to insert the OMB Control Number for the new and revised 
public notification requirements contained in the final public 
notification rule. The May 4 document inadvertently amended a Sec. 9.1 
table that had already been superceded by a separate regulatory action.

Correction to CFR Citations to Conform to New Public Notification 
Subpart

    Amendment 3 of the May 4 document (65 FR 26022) revised references 
to the public notification regulations in other parts of 40 CFR Part 
141 from the existing citation (Sec. 141.32) to the new Subpart Q. The 
May 4 document in several places inadvertently included the incorrect 
CFR citation.

Correction to Incorrect Citation in Amendment 16

    Amendment 16 of the May 4 document (65 FR 26035) revised the 
reporting requirements under the Interim Enhanced Surface Water

[[Page 40521]]

Treatment Rule to conform to the revised public notification 
regulations. The May 4 document included an incorrect citation.

Correct Format in Sec. 141.201-Sec. 141.210 To Italicize Questions

    In accordance with the plain language format of the final public 
notification regulations, the requirements in the new Subpart Q under 
Sec. 141.201 to Sec. 141.210 were presented in question and answer 
format. To make the presentation as clear and easy to read as possible, 
EPA chose to italicize the questions to highlight the presentation of 
the requirements. Inadvertently, the May 4 document (65 FR 26035-26039) 
included some but not all of the questions in italicized form. This 
notice restores the questions to the italicized form as intended.

Correcting Formatting Errors in Appendix B to Subpart Q

    Appendix B to Subpart Q presents the standard health effects 
language for each regulated contaminant. Public water systems are to 
include the standard health effects language in their public notices 
for violations of an MCL or treatment technique requirement. The 
contaminant list in Appendix B is grouped into the major contaminant 
categories for ease of reference. Inadvertently, Appendix B in the May 
4 document (65 FR 26043-26048) contained formatting errors requiring 
correction.

A. PART 9--[CORRECTED]

    1. On page 26021 in the third column, under the ``Authority'' 
paragraph, insert a comma between ``1326'' and ``1330''.

    2. On page 26021 in the third column, in the third line under 
amendment 2, ``142.10-142.15'' is corrected to read ``142.10-142.14'' 
and ``142.15'' is inserted after ``142.10-142.14''.

    3. On page 26022 in the first column, in the table in Sec. 9.1, the 
following corrections are made: a. Under the first column of the table, 
``142.14(a)-(e)'' is corrected to read ``142.14(a)-(d)(7)'' and 
``142.15(b)-(d)'' is corrected to read ``142.15(b)-(c)(3)''.

    b. The entry for 142.16(b)-(e) is removed.
    c. New entries are added in numerical order as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                             OMB control
                      40 CFR citation                           number
------------------------------------------------------------------------
 
                *         *         *         *         *
142.14(e)..................................................    2040-0090
 
                *         *         *         *         *
142.15(c)(5)-(d)...........................................    2040-0090
 
                *         *         *         *         *
142.16(b)-(c)..............................................    2040-0090
 
                *         *         *         *         *
142.16(e)..................................................    2040-0090
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B. INCORRECT CITATIONS ON PAGE 26022 [CORRECTED]

    1. On page 26022 in the first column, in the paragraph of citations 
for amendment 3, the following corrections are made:
    a. Insert ``(b)(1)(iii)'' between ``141.133(b)(1)(i)'' and 
``(b)(2)'' in the fourth line and insert ``and (d)'' after 
``(c)(1)(i)'' in the fifth line.
    b. In the fourth line, delete the word ``and'' between ``(b)(3)'' 
and ``(c)(1)(i)''
    c. In the tenth and eleventh lines, ``141.33(c)(2)(ii)'' is 
corrected to read ``141.133(c)(2)(ii)'' and ``141.133(e)(78)'' is 
corrected to read ``141.32(e)(78) ''.

C. INCORRECT CITATION ON PAGE 26035 [CORRECTED]

    1. On page 26035 in the first column, in the fourth line under 
Sec. 141.175(c)(2), ``142.173(b)'' is corrected to read ``141.173(b)''.

D. INCORRECT FORM OF TEXT ON PAGES 26035-26039 [CORRECTED]

    1. On page 26035, in the third column, the first sentence in 
Sec. 141.201(b) and (c) is put in italicized form.

    2. On page 26036, in the first and second column, the first 
sentence in Sec. 141.202(a) and (c) is put in italicized form.

    3. On page 26036, in the third column, the first sentence in 
Sec. 141.203(a) is put in italicized form.

    4. On page 26037, in the middle column, and on page 26038, in the 
first column, the first sentence in Sec. 141.204(a) and 141.204(d) are 
put in italicized form.

    5. On page 26038, the first sentence in Sec. 141.205(a), (b), (c), 
(d) are put in italicized form.

    6. On page 26039, the first sentence in Secs. 141.206(a) and (b); 
141.207(a) and (b); 141.208(a), (b) and (c); 141.209(a) and (b); and 
141.210(a) and (b) are put in italicized form.

E. APPENDIX B TO PART 141, SUBPART B [CORRECTED]

    1. On pages 26043 through 26047, in the table in Appendix B, the 
following corrections are made to the column 1 headings:
    a. Under the first column of the table on page 26043, insert a new 
heading between contaminant number 7, ``Cryptosporidium (IESWTR)'', and 
contaminant number 8, ``Antimony'', titled ``C. Inorganic Chemicals 
(IOCs):''.
    b. Under the first column of the table on page 26044, replace the 
heading ``C. Lead and Copper Rule:'' with the corrected heading ``D. 
Lead and Copper Rule:''.
    c. Under the first column of the table on page 26044, insert a new 
heading between contaminant number 24, ``Copper'', and contaminant 
number 25, ``2,4-D'', titled ``E. Synthetic Organic Chemicals (SOCs):''
    d. Under the first column of the table on page 26045, insert a new 
heading between contaminant number 54, ``Toxaphene'', and contaminant 
number 55, ``Benzene'', titled ``F. Volatile Organic Chemicals 
(VOCs):''
    e. Under the first column of the table on page 26046, insert a new 
heading between contaminant number 75, ``Xylenes (total)'' and 
contaminant number 76, ``Beta/photon emitters'', titled ``G. 
Radioactive Contaminants:''.
    f. Under the first column of the table on page 26046, replace the 
heading title ``G. Disinfection Byproducts (DBPs), Byproduct 
Precursers, and Disinfectant Residuals:'' with the corrected heading 
``H. Disinfection Byproducts (DBPs), Byproduct Precursers, and 
Disinfectant Residuals:''
    g. Under the first column of the table on page 26047, replace the 
heading title ``H. Other Treatment Techniques:'' with the corrected 
heading ``I. Other Treatment Techniques:''
    2. On pages 26044, 26045, and 26046, in the table in Appendix B, 
the following corrections are made to the column 4 standard health 
effects language text:
    a. Under the fourth column on page 26044 for contaminant 24, 
``Copper'', the last sentence of the health effects language, ``11D. 
Synthetic Organic Chemicals (SOCs):'', is removed.
    b. Under the fourth column on page 26045 for contaminant 54, 
``Toxaphene'', the last sentence of the health effects language, ``11E. 
Volatile Organic Chemicals (VOCs)'', is removed.
    c. Under the fourth column on page 26046 for contaminant 75, 
``Xylenes (total)'', the last sentence of the health effects language, 
``11F. Radioactive Contaminants:'', is removed.

[[Page 40522]]

    3. Under the first column on page 26048, the Appendix B--Endnotes, 
remove footnote 11 and renumber footnotes 12-22 as 11-21.

II. 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 discussion under 
``Supplementary Information''], 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) (Pub. L. 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. For all of these regulatory 
assessment provisions, EPA notes that today's notice only corrects 
unintended errors and omissions in an earlier rulemaking.
    This action does not involve 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). In issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct, as 
required by Section 3 of Executive Order 12988 (61 FR 4729, February 7, 
1996). 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 the May 4, 2000 Federal Register 
notice.
    The Congressional Review Act (CRA) (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 therefore, and established an effective date of 
June 30, 2000. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, 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

40 CFR Part 9

    Reporting and recordkeeping requirements.

40 CFR Part 141

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

    Dated: June 21, 2000.
J. Charles Fox,
Assistant Administrator, Office of Water.
[FR Doc. 00-16363 Filed 6-29-00; 8:45 am]
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