[Federal Register Volume 66, Number 57 (Friday, March 23, 2001)]
[Rules and Regulations]
[Pages 16134-16135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7264]



40 CFR Parts 9, 141 and 142

RIN 2040-AB75

National Primary Drinking Water Regulations; Arsenic and 
Clarifications to Compliance and New Source Contaminants Monitoring: 
Delay of Effective Date

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; delay of effective date.


SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001, this action temporarily delays for 60 days the 
effective date of the rule entitled National Primary Drinking Water 
Regulations; Arsenic and Clarifications to Compliance and New Source 
Contaminants Monitoring, published in the Federal Register on January 
22, 2001, 66 FR 6976. That rule establishes a health-based, non-
enforceable Maximum Contaminant Level Goal for arsenic of zero and an 
enforceable Maximum Contaminant Level for arsenic of 0.01 mg/L (10 ug/
L) for public water systems. In addition, it clarifies monitoring and 
demonstration of compliance for new systems or sources of drinking 
water. It also clarifies compliance for State-determined monitoring 
after exceedances for inorganic, volatile organic, and synthetic 
organic contaminants. Finally, it recognizes the State-specified time 
period and sampling frequency for new public water systems and systems 
using a new source of water to demonstrate compliance with drinking 
water regulations.

DATES: The effective date of the National Primary Drinking Water 
Regulations; Arsenic and Clarifications to Compliance and New Source 
Contaminants Monitoring, amending 40 CFR Parts 9, 141 and 142, 
published in the Federal Register on Monday, January 22, 2001, at 66 FR 
6976, is delayed for 60 days, from the originally scheduled effective 
date of March 23, 2001, to a new effective date of May 22, 2001, except 
for the amendments to Secs. 141.23(i)(1), 141.23(i)(2), 141.24(f)(15), 
141.24(h)(11), 141.24(h)(20), 142.16(e), 142.16(j), and 142.16(k) which 
are effective January 22, 2004. The amendment to Sec. 141.6 in this 
rule is also effective May 22, 2001.

FOR FURTHER INFORMATION CONTACT: For information on today's action, 
contact Cynthia Dougherty, Director, Office of Ground Water and 
Drinking Water (4601), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460, phone: (202) 260-5543.

SUPPLEMENTARY INFORMATION: To the extent that 5 U.S.C. 553 applies to 
this action, it is exempt from notice and comment because it 
constitutes a rule of procedure under 5 U.S.C. 553(b)(A). 
Alternatively, the Agency's implementation of this action without 
opportunity for public comment, effective immediately upon publication 
today in the Federal Register, is based on the good cause exceptions in 
5 U.S.C. 553(b)(B) and 553(d)(3). Seeking public comment is 
impracticable, unnecessary and contrary to the public interest. The 
temporary 60-day delay in effective date is necessary to give Agency 
officials the opportunity for further review and consideration of new 
regulations, consistent with the Assistant to the President's 
memorandum of January 20, 2001. Given the imminence of the effective 
date, seeking prior public comment on this temporary delay would have 
been impractical, as well as contrary to the public interest in the 
orderly promulgation and implementation of regulations. The imminence 
of the effective date is also good cause for making this rule 
immediately effective upon publication.

List of Subjects in 40 CFR Part 141

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

    Dated: March 20, 2001.
Christine Todd Whitman,
    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 141 as follows:


    1. The authority citation for part 141 continues to read as 

    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.

Subpart A--[Amended]

    2. Paragraph (j) of 40 CFR 141.6 as published at 66 FR 7061 on 
January 22, 2001, is amended by revising the last sentence to read as 

Sec. 141.6  Effective dates.

* * * * *

[[Page 16135]]

    (j) * * * However, the consumer confidence rule reporting 
requirements relating to arsenic listed in Sec. 141.154(b) and (f) are 
effective for the purpose of compliance on May 22, 2001.
* * * * *
[FR Doc. 01-7264 Filed 3-22-01; 8:45 am]