[Federal Register Volume 66, Number 171 (Tuesday, September 4, 2001)]
[Rules and Regulations]
[Pages 46221-46225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22114]



[[Page 46221]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 141

[FRL-7048-8]


Unregulated Contaminant Monitoring Regulation for Public Water 
Systems; Amendment to the List 2 Rule and Partial Delay of Reporting of 
Monitoring Results

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Safe Drinking Water Act (SDWA), as amended in 1996, 
requires the U.S. Environmental Protection Agency to establish criteria 
for a program to monitor unregulated contaminants and to publish a list 
of contaminants to be monitored. In fulfillment of this requirement, 
EPA published Revisions to the Unregulated Contaminant Monitoring 
Regulation (UCMR) for public water systems on September 17, 1999 (64 FR 
50556), March 2, 2000 (65 FR 11372) and January 11, 2001 (66 FR 2273), 
which included lists of contaminants for which monitoring was required 
or would be required in the future. EPA is taking direct final action 
to correct an omission in the January 11, 2001, List 2 UCMR concerning 
laboratory certification. This correction will automatically approve 
laboratories of public water systems, that are certified to conduct 
compliance monitoring using Method 515.3, to also use Method 515.4 for 
UCMR analyses. Additionally, EPA is delaying requirements for the 
electronic reporting of unregulated contaminant monitoring results 
until its electronic reporting system is ready to accept data. The 
January 11, 2001, List 2 UCMR requires certain public water systems to 
start reporting the results of their unregulated contaminant monitoring 
to EPA electronically by July 1, 2001. This rule notifies such public 
water systems that the electronic reporting system that EPA is 
developing to accept monitoring data is not ready and that EPA is 
removing the reporting requirement until it is available. This action 
does not delay or suspend the implementation of any of the requirements 
of the Unregulated Contaminant Monitoring Regulations for sample 
collection and analysis on the previously established schedule.

DATES: This rule is effective on November 5, 2001, without further 
notice, unless EPA receives adverse comment by October 4, 2001. If we 
receive such comment, we will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect. For judicial review purposes, this final rule is promulgated as 
of 1 p.m. ET on September 18, 2001 as provided in 40 CFR 23.7.

ADDRESSES: Please send an original and three copies of your comments 
and enclosures (including references) to docket number W-00-01-III, 
Comment Clerk, Water Docket (MC4101), USEPA, 1200 Pennsylvania Ave., NW 
Washington, DC 20460. Hand deliveries should be delivered to EPA's 
Water Docket at 401 M. St., Room EB57, Washington, DC. Commenters who 
want EPA to acknowledge receipt of their comments should enclose a 
self-addressed, stamped envelope. No facsimiles (faxes) will be 
accepted. Comments may also be submitted electronically to [email protected]. Electronic comments must be submitted as a Word 
Perfect (WP) WP5.1, WP6.1 or WP8 file or as an ASCII file, avoiding the 
use of special characters and forms of encryption. Electronic comments 
must be identified by the docket number W-00-01-III. Comments and data 
will also be accepted on disks in WP 5.1, 6.1, 8 or ASCII file format. 
Electronic comments on this rule may be filed online at many Federal 
Depository Libraries.
    The record for this rulemaking has been established under docket 
number W-00-01-III and includes supporting documentation as well as 
printed, paper versions of electronic comments. The record is available 
for inspection from 9 to 4 p.m., Monday through Friday, excluding legal 
holidays at the Water Docket, EB 57, USEPA Headquarters, 401 M, 
Washington, DC. For access to docket materials, please call 202/260-
3027 to schedule an appointment.

FOR FURTHER INFORMATION CONTACT: Charles Job (202-260-7084) or Jeffrey 
Bryan (202-260-4934), Drinking Water Protection Division, Office of 
Ground Water and Drinking Water (MC-4607), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. 
General information about UCMR may be obtained from the EPA Safe 
Drinking Water Hotline at (800) 426-4791. The Hotline operates Monday 
through Friday, excluding Federal holidays, from 9 a.m. to 5:30 p.m. 
ET.

SUPPLEMENTARY INFORMATION:

Potentially Regulated Entities

    The regulated entities are public water systems. All large 
community and non-transient non-community water systems serving more 
than 10,000 persons are required to monitor under the UCMR. A community 
water system (CWS) means a public water system which serves at least 15 
service connections used by year-round residents or regularly serves at 
least 25 year-round residents. Non-transient non-community water system 
(NTNCWS) means a public water system that is not a community water 
system and that regularly serves at least 25 of the same persons over 6 
months per year. Only a national representative sample of community and 
non-transient non-community systems serving 10,000 or fewer persons are 
required to monitor under the UCMR. Transient non-community systems 
(i.e., systems that do not regularly serve at least 25 of the same 
persons over six months per year) are not required to monitor. States, 
Territories, and Tribes, with primacy to administer the regulatory 
program for public water systems under the Safe Drinking Water Act, 
sometimes conduct analyses to measure for contaminants in water samples 
and are regulated by this action. Categories and entities potentially 
regulated by this action include the following:

------------------------------------------------------------------------
                                               Examples of
                Category                  potentially regulated   NAICS
                                                 entities
------------------------------------------------------------------------
State, Territorial and Tribal             States, Territories,    924110
 Governments.                              and Tribes that
                                           analyze water
                                           samples on behalf of
                                           public water systems
                                           required to conduct
                                           such analysis;
                                           States, Territories,
                                           and Tribes that
                                           themselves operate
                                           community and non-
                                           transient non-
                                           community water
                                           systems required to
                                           monitor.
Industry................................  Private operators of    221310
                                           community and non-
                                           transient non-
                                           community water
                                           systems required to
                                           monitor.
Municipalities..........................  Municipal operators     924110
                                           of community and non-
                                           transient non-
                                           community water
                                           systems required to
                                           monitor.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware of 
that could potentially be

[[Page 46222]]

regulated by this action. Other types of entities not listed in the 
table could also be regulated. If you have questions regarding the 
applicability of this action to a particular entity, consult one of the 
persons listed in the preceding FOR FURTHER INFORMATION CONTACT 
section.

I. Purpose of this Action

    The purpose of this action is to correct an omission in the revised 
Unregulated Contaminant Monitoring Regulation (UCMR) and to delay the 
requirement to electronically report to EPA until EPA's electronic 
reporting system is ready to receive data. The revised UCMR was 
published in the Federal Register on September 17, 1999 (64 FR 50556), 
and supplemented on March 2, 2000 (65 FR 11372) and January 11, 2001 
(66 FR 2273).
    At Sec. 141.40 (a)(5)(ii)(G)(1), EPA intended to provide automatic 
certification to laboratories of public water systems that are already 
certified to use EPA Method 515.3 to also use EPA Method 515.4 for 
unregulated contaminant monitoring analysis. Four analytical methods 
have been previously approved for the analysis of 
dimethyltetrachloroterephthalate acid (DCPA) degradates in UCMR 
monitoring. Three of these methods, EPA Methods 515.1, 515.2, and 515.3 
are currently approved for drinking water compliance monitoring. A 
regulation has not yet been promulgated to approve EPA Method 515.4 for 
drinking water compliance monitoring. Since all other UCMR methods are 
currently approved for compliance monitoring, EPA stated in the January 
11, 2001 UCMR preamble that laboratories certified to conduct 
compliance monitoring using these methods are automatically approved to 
conduct UCMR analysis using Method 515.4. The January 11, 2001 UCMR 
promulgated Method 515.4 for UCMR monitoring but failed to specify how 
laboratories would be certified to conduct analysis using Method 515.4.
    As discussed in the January 11, 2001 UCMR, EPA developed a revised 
version of EPA Method 515.3, titled EPA Method 515.4, which includes a 
wash step following hydrolysis. Method 515.4 was developed to eliminate 
the need for laboratories using Method 515.3 to reanalyze positive 
samples. Since Method 515.4 is procedurally the same as Method 515.3 
except for the addition of a wash step, EPA is adding a sentence 
approving laboratories use of Method 515.4 if they are currently 
certified to perform compliance monitoring using Method 515.3.
    In addition, EPA is also amending the January 11, 2001, UCMR to 
delay reporting of unregulated contaminant monitoring data to EPA until 
EPA's electronic reporting system is ready to receive the data. Section 
141.35(c) of the January 11, 2001, UCMR requires the following 
reporting from public water systems subject to UCMR monitoring:

    (c) When must I report monitoring results? You must report the 
results of unregulated contaminant monitoring within thirty (30) 
days following the month in which you received the results from the 
laboratory. EPA will conduct its quality control review of the data 
for sixty (60) days after you report the data, which will also allow 
for quality control review by systems and States. After the quality 
control review, EPA will place the data in the national drinking 
water contaminant occurrence database at the time of the next 
database update. Exception: Reporting of monitoring results to EPA 
received by public water systems prior to June 30, 2001, must occur 
between July 1 and September 30, 2001. (Italics added.)

    Public water systems must report these monitoring results to EPA 
electronically, as required in Sec. 141.35(e).
    EPA was not able to have its electronic reporting system ready for 
reporting by July 1, 2001, as originally planned. Establishing a new 
information system for these results was more complex than EPA 
anticipated. The complexities of establishing a new information system 
for monitoring data that provides Internet based reporting include: use 
of a modern computer language not previously used by EPA information 
systems in a complex reporting structure; new reporting arrangements 
from laboratories directly to EPA, with electronic approval capability 
for public water systems and viewing rights for States and EPA; a new 
data exchange portal (EPA's Central Data Exchange--CDX); new security 
checks through CDX with subsequent testing; and, development of 
appropriate user guidance.
    Therefore, the affected regulated public water systems will not be 
able to comply with the requirements for reporting of unregulated 
contaminant monitoring results to EPA because the electronic reporting 
system is not operational. EPA, in this action, is delaying the current 
UCMR requirement to electronically report to the EPA. EPA anticipates 
that the electronic reporting system will be ready in two to three 
months. As soon as EPA knows for sure when the electronic reporting 
system will be available, EPA will undertake a rulemaking to specify 
the new electronic data submission date for data collected since 
January 1, 2001.
    EPA reiterates that this rule does not suspend the implementation 
of any of the Unregulated Contaminant Monitoring Regulations for sample 
collection and analysis on the previously established schedules.

II. Administrative Requirements

A. Executive Order 12866--Regulatory Planning and Review

    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 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 not a ``significant 
regulatory action'' under the terms of Executive Order 12866.

B. Executive Order 13045--Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency. This rule is 
not subject to Executive Order 13045 because it is not ``economically 
significant'' under Executive Order 12866, nor does it concern an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children.

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C. 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 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 and 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.
    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or Tribal 
governments or the private sector. The rule imposes no additional 
enforceable duty on any State, local or Tribal governments or the 
private sector. This rule does not change the costs to State, local, or 
Tribal governments as estimated in the final revisions to the 
Unregulated Contaminant Monitoring Rule (64 FR 50556, September 17, 
1999; 65 FR 11372, March 2, 2000; and 66 FR 2273, January 11, 2001) 
because the rule approves laboratories for monitoring with EPA Method 
515.4, and delays reporting of results to EPA until EPA's electronic 
reporting system is ready to accept data. The lab approval will not 
incur any additional costs to laboratories, and instead allows for an 
additional method to be used when analyzing for DCPA acid degradates. 
Thus, today's rule is not subject to the requirements of sections 202 
and 205 of the UMRA.
    For the same reason, EPA has determined that this final rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments. Thus today's rule is not subject to 
the requirements of section 203 of UMRA.

D. Paperwork Reduction Act

    This action does not impose any new information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. This rule makes minor revisions to the Unregulated Contaminant 
Monitoring Rule. 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 ways to comply with any previously 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 response 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.

E. Regulatory Flexibility Act (RFA), as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to the notice-and-comment 
rulemaking requirement under the Administrative Procedure Act or any 
other statute unless the Agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
government jurisdictions.
    The RFA provides default definitions for each type of small entity. 
It also authorizes an agency to use alternative definitions for each 
category of small entity, ``which are appropriate to the activities for 
the agency'' after proposing the alternative definition(s) in the 
Federal Register and taking comment. 5 U.S.C. secs. 601(3)-(5). In 
addition to the above, to establish an alternative small business 
definition, agencies must consult with the Small Business 
Administration's (SBA's) Chief Counsel for Advocacy.
    For purposes of assessing the impacts of today's rule on small 
entities, EPA considered small entities to be public water systems 
serving 10,000 or fewer persons. This is the cut-off level specified by 
Congress in the 1996 Amendments to the Safe Drinking Water Act for 
small system flexibility provisions. In accordance with the RFA 
requirements, EPA proposed using this alternative definition for all 
three categories of small entities in the Federal Register, (63 FR 
7620, February 13, 1998) requested public comment, consulted with SBA 
regarding the alternative definition as it relates to small businesses, 
and expressed its intention to use the alternative definition for all 
future drinking water regulations in the Consumer Confidence Reports 
regulation (63 FR 44511, August 19, 1998). As stated in that final 
rule, the alternative definition would be applied to this regulation as 
well.
    After considering the economic impacts of today's rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This rule 
makes two minor revisions to the January 11, 2001 UCMR and imposes no 
additional enforceable duty on any State, local or Tribal governments 
or the private sector. It merely approves laboratories to conduct UCMR 
monitoring using EPA Method 515.4, and delays reporting of results to 
EPA until the EPA electronic reporting system is ready to accept data. 
The lab approval revision will not increase laboratory costs. It allows 
for an additional method to be used when analyzing for DCPA acid 
degradates.

F. National Technology Transfer and Advancement Act

    Section 12 (d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113 Section 12(d) (15 U.S.C. 272 
note), directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus

[[Page 46224]]

standards are technical standards (e.g., material specifications, test 
methods, sampling procedures, and business practices) that are 
developed or adopted by voluntary consensus standards bodies. The NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable voluntary consensus 
standards.
    EPA's use of voluntary consensus standards in the UCMR program and 
approval of Method 515.4 was addressed in the September 1999 and 
January 2001 rulemakings (64 FR 50608 and 66 FR 2298). This action does 
not involve technical standards. Therefore, EPA did not consider the 
use of any voluntary consensus standards.

G. Executive Order 12898--Environmental Justice Strategy

    Executive Order 12898 establishes a Federal policy for 
incorporating environmental justice into Federal agency missions by 
directing agencies to identify and address disproportionately high and 
adverse human health or environmental effects of its programs, 
policies, and activities on minority and low-income populations. 
Today's rule makes two minor changes to the January 11, 2001 UCMR, and 
does not alter the regulatory impact of those regulations.

H. Executive Order 13132--Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This rule does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. Today's rule makes two minor 
changes to the January 11, 2001 UCMR, approving laboratories currently 
certified to conduct analyses using EPA Method 515.3 to use EPA Method 
515.4 for UCMR analysis, and delaying reporting of results to EPA until 
the EPA electronic reporting system is ready to accept data. There is 
no cost to State and local governments, and the rule does not preempt 
State law. Thus, Executive Order 13132 does not apply to this rule.

I. Executive Order 13175--Consultation and Coordination with Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by Tribal officials in the development of regulatory 
policies that have Tribal implications.'' ``Policies that have Tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This rule does not have Tribal implications. It will not have 
substantial direct effects on Tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Today's rule makes minor changes to the January 11, 2001 UCMR. Thus, 
Executive Order 13175 does not apply to this rule.

J. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)), provides that agencies shall prepare and submit to the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, a Statement of Energy Effects for 
certain actions identified as ``significant energy actions.'' Section 
4(b) of Executive Order 13211 defines ``significant energy actions'' as 
``any action by an agency (normally published in the Federal Register) 
that promulgates or is expected to lead to the promulgation of a final 
rule or regulation, including notices of inquiry, advance notices of 
proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is 
a significant regulatory action under Executive Order 12866 or any 
successor order, and (ii) is likely to have a significant adverse 
effect on the supply, distribution, or use of energy; or (2) that is 
designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action.''
    This rule is not subject to Executive Order 13211 because it is not 
a significant regulatory action under Executive Order 12866.

K. Administrative Procedure Act

    EPA is publishing this rule without prior proposal because it views 
this as a noncontroversial amendment and anticipates no adverse 
comment. EPA does not anticipate adverse comment because this rule 
provides labs with another Method to perform analyses at no cost to 
them, as well as delays the need for applicable public water systems to 
report monitoring data, again, at no cost to the public water systems. 
However, in the ``Proposed Rule'' section of today's Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal for the correction to the Unregulated Contaminant 
Monitoring Regulation for Public Water Systems if adverse comments are 
filed. This rule will be effective on November 5, 2001 without further 
notice unless EPA receives adverse comment by October 4, 2001. If EPA 
receives adverse comment, it will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

L. Congressional Review Act

    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. 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
Sec. 804(2). This rule will be effective on November 5, 2001.

List of Subjects in 40 CFR Part 141

    Environmental protection, Chemicals, Indian

[[Page 46225]]

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

    Dated: August 28, 2001.
Christine Todd Whitman,
Administrator.

    For the reasons set out in the preamble, title 40 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-l, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.

    2. Section 141.35 is amended by revising the last sentence in 
paragraph (c) to read as follows:


Sec. 141.35  Reporting of unregulated contaminant monitoring results.

* * * * *
    (c) * * * Exception: Reporting of monitoring results to EPA is not 
required until EPA's electronic reporting system is operational; EPA 
will provide notice of applicable reporting deadlines in a future 
rulemaking.
* * * * *

    3. Section 141.40 is amended by adding a sentence to the end of 
paragraph (a)(5)(ii)(G)(1) to read as follows:


Sec. 141.40  Monitoring requirements for unregulated contaminants.

    (a) * * *
    (5) * * *
    (ii) * * *
    (G) * * *
    (1) * * * Laboratories certified under Sec. 141.28 for compliance 
analysis using EPA Method 515.3 are automatically approved to conduct 
UCMR analysis using EPA Method 515.4.
* * * * *
[FR Doc. 01-22114 Filed 8-29-01; 2:33 pm]
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