[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Rules and Regulations]
[Pages 70850-70858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30117]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 141 and 142

[FRL-7413-9]
RIN 2040-AD06


National Primary Drinking Water Regulations: Minor Revisions to 
Public Notification Rule, Consumer Confidence Report Rule and Primacy 
Rule

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
changes to the health effects language for di(2-ethylhexyl) adipate 
(DEHA) and di(2-ethylhexyl) phthalate (DEHP) in the Public Notification 
(PN) Rule and the Consumer Confidence Report (CCR) Rule under the Safe 
Drinking Water Act (SDWA). Today's rule also makes minor corrections to 
Appendix A of the CCR Rule. These changes include: correcting drinking 
water source information listed for copper, changing the placement of 
regulatory and health effects information for disinfection by-products 
(i.e., bromate, chloramines, chlorite, chlorine, and chlorine dioxide), 
and correcting the reference ``chloride dioxide'' to ``chlorine 
dioxide.'' The Agency is also amending the listing for three 
contaminants (i.e., bromate, chlorite, and total trihalomethanes) to 
correct source information given in Appendix A. The appendix listed 
``by-product of chlorination,'' a specific method of disinfection, as 
the major source for these contaminants in drinking water. The source 
information in Appendix A is being amended to include the more general 
term ``by-product of drinking water disinfection'' for these 
contaminants. In addition, the Agency is revising the Primacy Rule to 
remove regulations pertaining to the Administrator's authority to waive 
national primary drinking water

[[Page 70851]]

regulations (NPDWRs) for Federally owned or operated public water 
systems. This authority was removed by Congress in the 1996 amendments 
to the Safe Drinking Water Act.

DATES: This regulation is effective December 27, 2002. For judicial 
review purposes, this final rule is promulgated as of 1:00 p.m. Eastern 
Time on November 27, 2002.

ADDRESSES: Applicable Federal Register notices, public comments 
received, the response to comments document, and other major supporting 
documents for this rulemaking are available for review at EPA's Water 
Docket, in the EPA Docket Center (EPA/DC), EPA West, Rm B102, 1301 
Constitution Avenue, NW, Washington, DC. An electronic version of the 
public docket is available through EPA's electronic public docket and 
comment system, EPA Dockets, at http://www.epa.gov/edocket/.

FOR FURTHER INFORMATION CONTACT: Khanna Johnston at 1200 Pennsylvania 
Avenue, NW, (MC-4606M), Washington, DC 20460; by phone, 202-564-3842; 
or by e-mail: [email protected]. For general information, you may 
contact the Safe Drinking Water Hotline at 1-800-425-4791. The Safe 
Drinking Water Hotline is open from 9:00 a.m. to 5:30 p.m. Eastern 
Time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

                       Table of Regulated Entities
------------------------------------------------------------------------
           Category                  Examples of regulated entities
------------------------------------------------------------------------
State/Local/Tribal             Publicly-owned Public Water Systems
 governments.                   (PWSs), such as municipalities; county
                                governments, water districts, water and
                                sewer authorities, state governments,
                                and other publicly-owned entities that
                                deliver drinking water as an adjunct to
                                their primary business (e.g., schools,
                                State parks, roadside rest stops).
Industry.....................  Privately-owned PWSs, such as private
                                utilities, homeowner associations, and
                                other privately-owned entities that
                                deliver drinking water as an adjunct to
                                their primary business (e.g., trailer
                                parks, factories, retirement homes, day-
                                care centers).
Federal government...........  Federally-owned PWSs, such as water
                                systems on military bases.
------------------------------------------------------------------------


    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 
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. Sec.  141.151 and 141.201 of Title 
40 of the Code of Federal Regulations (CFR). If you have questions 
regarding the applicability of this action to your particular facility, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

How Can I Get Copies of This Document and Other Related Information?

    EPA has established an official public docket for this action under 
Docket ID No. W-01-07. The official public docket consists of the 
documents specifically referenced in this action, any public comments 
received, and other information related to this action. Although a part 
of the official docket, the public docket does not include Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. The official public docket is the collection of 
materials that is available for public viewing at EPA's Water Docket, 
in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 
Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m. Eastern Time, Monday 
through Friday, excluding legal holidays. The telephone number for the 
Reading Room is 202-566-1744, and the telephone number for the Water 
Docket is 202-566-2426.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. Once in the system, select ``search,'' then key in the 
appropriate docket identification number. Although not all docket 
materials may be available electronically, you may still access any of 
the publicly available docket materials through the docket facility 
identified in the previous paragraph or under the ADDRESSES section.

Acronyms Used in This Rule

CCR Consumer Confidence Report
CFR Code of Federal Regulations
CWS Community Water System
DBP Disinfection Byproduct
DEHA Di(2-ethylhexyl)adipate
DEHP Di(2-ethylhexyl)phthalate
EPA Environmental Protection Agency
FR Federal Register
MCL Maximum Contaminant Level
MCLG Maximum Contaminant Level Goal
NPDWR National Primary Drinking Water Regulation
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PN Public Notification
PPM Parts Per Million
PWS Public Water System
RFA Regulatory Flexibility Act
SBREFA Small Business Regulatory Enforcement Fairness Act
SDWA Safe Drinking Water Act
TTHM Total Trihalomethanes
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code

Table of Contents

I. Statutory Authority
II. Background
III. Administrative Requirements
    A. Executive Order 12866--Regulatory Planning and Review
    B. Executive Order 13045--Protection of Children From 
Environmental Health Risks and Safety Risks
    C. Unfunded Mandates Reform Act
    D. Paperwork Reduction Act
    E. Regulatory Flexibility Act, as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 
et. seq.
    F. National Technology Transfer and Advancement Act
    G. Executive Order 12898--Environmental Justice
    H. Executive Order 13132--Federalism
    I. Executive Order 13175--Consultation and Coordination with 
Indian Tribal Governments
    J. Executive Order 13211--Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use
    K. Congressional Review Act
    L. Plain Language Directive
    M. Administrative Procedure Act

I. Statutory Authority

    The purpose of this rulemaking is to finalize the EPA's proposed 
modifications to Minor Revisions of the

[[Page 70852]]

Public Notification Rule and Consumer Confidence Report Rule and to 
revise the Primacy Rule to remove an outdated authority. The Safe 
Drinking Water Act (SDWA) (section 1414(c)), as amended in 1996, 
mandated that EPA revise its existing regulations governing public 
notification. When a violation occurs, public water systems must 
provide information to their consumers on the potential health effects 
from exposure to the contaminant in question.
    This public notification is an integral part of public health 
protection and consumer right-to-know provisions of the SDWA (section 
1414), as amended in 1996. EPA issued revised public notification 
regulations in May 2000, that set requirements for public water systems 
to follow with respect to the form, manner, frequency, and content of a 
public notice. The revised Public Notification (PN) Rule (40 CFR part 
141, subpart Q) provides specific health effects statements for each 
regulated contaminant that a public water system must provide its 
consumers in the event of a public notice.
    SDWA (section 1414) requires community water systems to issue an 
annual water quality report to their customers. The report provides a 
snapshot of local drinking water quality, a list of contaminants found 
in the water, potential health effects of any contaminants found above 
Federal health standards, and measures being undertaken by the water 
system to protect the drinking water supply. As part of the Consumer 
Confidence Report (CCR) Rule (40 CFR part 141, subpart O), CWSs must 
provide a statement concerning the health effects of contaminants found 
at levels that violate the Federal health standard. SDWA also requires 
States to meet set regulations for implementation and enforcement 
authority of national primary drinking water regulations as specified 
in section 1413 and the Primacy Rule (40 CFR part 142).

II. Background

    On May 14, 1999, EPA published proposed revisions to the PN Rule 
for public comment. In this rulemaking EPA proposed to use the same 
brief health effects language for the PN Rule as EPA had recently 
adopted in the Consumer Confidence Report (CCR) Rule (63 FR 44511, 
August 19, 1998). This language is now codified at 40 CFR part 141, 
subpart O, appendix A. As a result, the PN proposal contained the CCR 
health effects language for di(2-ethylhexyl)adipate (DEHA) and di(2-
ethylhexyl)phthalate (DEHP). During the public comment period on the 
proposed PN Rule, the Chemical Manufacturers Association (now known as 
the American Chemistry Council) submitted comments questioning several 
aspects of the health effects language for DEHA and DEHP. This included 
references to ``general toxic effects'' for DEHA and the basis for 
characterizing DEHP as a human carcinogen.
    EPA published the final PN Rule (65 FR 25981, May 4, 2000) in May 
2000. The American Chemistry Council (ACC) filed a petition in the DC 
Court of Appeals for review of the PN Rule, based on the DEHA and DEHP 
health effects language. In reexamining the ACC comments on the PN 
rule, EPA determined that changes to the health effects language for 
these contaminants in both the PN and CCR Rules would be appropriate. 
In a settlement agreement with ACC, EPA agreed to propose, and 
subsequently did propose, changes to the health effects language for 
these two contaminants. EPA accepted comment on the health effects 
language specific only to DEHA and DEHP. EPA also used the proposed 
modifications as an opportunity to make and seek comment on other minor 
corrections to appendix A of the CCR Rule (66 FR 46930, September 7, 
2001). The comments received were generally favorable, supporting the 
proposed changes. A copy of these comments and the response to comments 
document are available for review in the public docket. In view of the 
comments received and for the reasons set forth in the preamble to the 
September 7, 2001 proposal, today's rule amends 40 CFR part 141 to 
reflect the health effects language changes for DEHA and DEHP proposed 
on September 7, 2001.
    EPA is also making several corrections to language in appendix A of 
the CCR Rule. These are as follows: ``Leaching from wood 
preservatives'' was incorrectly listed as a major source of copper in 
drinking water. This rule deletes ``leaching from wood preservatives'' 
from drinking water source information for copper. Regulatory and 
health effects information for the disinfection byproducts bromate, 
chloramines, chlorite, chlorine, and chlorine dioxide was incorrectly 
placed in the volatile organic contaminants section of appendix A. 
Today's action moves entries for these disinfection byproducts from 
their existing locations and places them in the inorganic contaminants 
section of appendix A. In addition, the entry for chlorine dioxide was 
inadvertently listed as ``chloride dioxide.'' This rule corrects this 
reference to read ``chlorine dioxide.''
    This rule also amends information listed for three contaminants 
(i.e., bromate, chlorite, and total trihalomethanes) to reference the 
more general term, ``by-product of drinking water disinfection,'' 
rather than ``chlorination,'' which is one specific method of 
disinfection. Finally, this rule deletes a provision in EPA's primacy 
regulations at 40 CFR 142.3(b)(3). This section pertains to the 
Administrator's former authority to waive national primary drinking 
water regulations (NPDWRs) for Federally owned or operated public water 
systems. This authority was removed by Congress in the 1996 amendments 
to the Safe Drinking Water Act (SDWA), and is no longer applicable. EPA 
determined for the latter two corrections in today's final rule that 
there is ``good cause'' for making these minor changes final without 
prior proposal and opportunity for comment, because these changes have 
no substantive impact and merely correct CFR text.

III. 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 and is 
therefore not subject to OMB review.

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:

[[Page 70853]]

(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 as 
defined in Executive Order 12866. This rule makes minor changes to the 
Public Notification Rule, Consumer Confidence Report Rule, and Primacy 
Rule that do not change the regulatory burden.

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. This 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 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 Public Notification Rule (65 FR 25981, May 4, 
2000) and the final Consumer Confidence Report Rule (63 FR 44511, 
August 19, 1998), and does not change either the frequency of reports 
or the regulatory burden of public notification. 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 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 an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This rule makes minor changes to the Public Notification Rule, the 
Consumer Confidence Report Rule, and the Primacy Rule and does not 
change the frequency of reporting or the regulatory burden.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, 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 respond to a collection of information, unless it displays a 
currently valid Office of Management and Budget (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 Regulatory Flexibility Act (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 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 Safe Drinking Water Act Amendments of 1996 for small 
system flexibility provisions. In accordance with the RFA requirements, 
EPA proposed using this alternative definition in the Federal Register 
(63 FR 7620, February 13, 1998), requested public comment, consulted 
with the Small Business Administration, finalized this definition for 
the final CCR regulation, and expressed its intention to use the 
alternative definition for all future drinking water regulations (63 FR 
44511, August 19, 1998). As stated in that final rule, the alternative 
definition is applied to this regulation as well.
    After considering the economic impacts of today's final 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 minor changes to the Public Notification Rule, the Consumer 
Confidence Report Rule, and the Primacy Rule and imposes no additional 
enforceable duty on any State, local or Tribal governments or the 
private sector. It does not change either the frequency

[[Page 70854]]

of reports or the regulatory burden of public notification.

F. National Technology Transfer and Advancement Act

    As noted in the proposed rule, 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 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.
    This rule does not involve technical standards. Therefore, EPA did 
not consider the use of any voluntary consensus standards.

G. Executive Order 12898--Environmental Justice

    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 minor changes to the Consumer Confidence Report 
Regulation, the Public Notification Regulation, and the Primacy Rule 
and does not alter the basic regulatory standards in those regulations. 
The Agency considered Environmental Justice related issues concerning 
the potential impacts of Public Notification (PN) during development of 
the Public Notification Rule and Consumer Confidence Report (CCR) Rule. 
In the May 4, 2000, PN Rule (65 FR 25981), EPA concluded that the PN 
requirements would be beneficial to low-income and minority 
communities. In the CCR Rule (63 FR 44511, August 19, 1998), EPA 
determined that provisions in that regulation would be beneficial to 
low-income and minority communities, particularly the provision 
requiring a good faith effort to reach non-bill-paying customers.

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 final 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 minor changes 
to the Consumer Confidence Report Rule, the Public Notification Rule, 
and the Primacy Rule. Thus, Executive Order 13132 does not apply to 
this rule.
    Nevertheless, in the spirit of Executive Order 13132, and 
consistent with EPA policy to promote communications between EPA and 
State and local governments, EPA specifically solicited comment on the 
proposed rule from State and local officials. We did not receive any 
comments on Executive Order 13132.

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 9, 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 final 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 Consumer Confidence Report 
Rule, the Public Notification Rule, and the Primacy Rule. Thus, 
Executive Order 13175 does not apply to this rule.
    Nevertheless, in the spirit of Executive Order 13175, and 
consistent with EPA policy to promote communications between EPA and 
tribal governments, EPA specifically solicited comment on the proposed 
rule from tribal officials. We did not receive any comments on 
Executive Order 13175.

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

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a 
significant regulatory action under Executive Order 12866.

K. 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. 
804(2). This rule will be effective on December 27, 2002.

L. Plain Language Directive

    Executive Order 12866 encourages agencies to write their rules in 
plain language. Readable regulations help the public find requirements 
quickly and understand them easily. They increase compliance, 
strengthen enforcement, and decrease mistakes, frustration, phone 
calls, appeals, and distrust of government. EPA made every effort to 
write this preamble and both the PN and CCR Rules in a clear and 
concise manner.

M. Administrative Procedure Act

    Section 553 of the Administrative Procedures 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

[[Page 70855]]

without providing prior notice and an opportunity for public comment. 
EPA is publishing a number of minor corrections to appendix A of the 
CCR Rule, 40 CFR part 141, subpart O, two of which were not originally 
included in the September 7, 2001 proposal. Appendix A lists ``major 
sources in drinking water'' of regulated contaminants. EPA incorrectly 
listed ``by-product of drinking water chlorination,'' a specific method 
of disinfection (63 FR 69410, December 16, 1998), for two of these 
contaminants, rather than using the more general term ``by-product of 
drinking water disinfection.'' As a result, today's rule amends the 
table (Appendix A) to correct the ``major sources'' information for 
bromate, chlorite, and total trihalomethanes (TTHMs). This will make 
the listed ``major sources'' of these contaminants the same as 
haloacetic acids (HAA) in the table. Today's rule also deletes Sec.  
142.3(b)(3). This section pertains to the Administrator's former 
authority to waive national primary drinking water regulations (NPDWRs) 
for Federally owned or operated public water systems. This authority 
was removed in the 1996 amendments to the Safe Drinking Water Act 
(SDWA), and is no longer applicable. EPA has determined that for these 
corrections there is ``good cause'' for making these rule changes final 
without prior proposal and opportunity for comment because these rule 
changes have no substantive impact and merely correct informational CFR 
text or remove outdated text. Thus, notice and public procedures are 
unnecessary. EPA finds that this constitutes ``good cause'' under 5 
U.S.C. 553(b)(B).

List of Subjects

40 CFR Part 141

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

40 CFR Part 142

    Administrative practice and procedure, Chemicals, Indians-lands, 
Radiation protection, Reporting and recordkeeping requirements, Water 
supply.

    Dated: November 20, 2002.
Christine Todd Whitman,
Administrator.


    For the reasons set out in the preamble, 40 CFR parts 141 and 142 
are amended as follows:

PART 141--[AMENDED]

    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, and 300j-11.

Subpart O--[Amended]

    2. Appendix A to Subpart O is amended
    a. Under the heading ``Inorganic contaminants'' by adding in 
alphabetical order entries for: ``Bromate (ppb)'', ``Chloramines 
(ppm)'', ``Chlorine (ppm)'', ``Chlorine dioxide (ppb)'', and ``Chlorite 
(ppm)''.
    b. Under the heading ``Inorganic contaminants'' by revising the 
entry for ``Copper (ppm)''.
    c. Under the heading ``Synthetic organic contaminants including 
pesticides and herbicides'' by revising entries for ``Di(2-ethylhexyl) 
adipate (ppb)' and ``Di(2-ethylhexyl) phthalate (ppb)''.
    d. Under the heading ``Volatile organic contaminants'' by removing 
entries for: ``Bromate (ppb)'', ``Chloramines (ppm)'', ``Chlorine 
(ppm)'', ``Chlorite (ppm)'', and ``Chloride dioxide (ppb)''.
    e. Under the heading ``Volatile organic contaminants'' by revising 
the entry for ``TTHMs [Total trihalomethanes] (ppb)''.
    The revisions and additions read as follows:

Appendix A to Subpart O of Part 141--Regulated Contaminants

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Traditional MCL in    To convert for                                             Major sources in     Health effects
      Contaminant  (units)               mg/L          CCR, multiply by    MCL in CCR units          MCLG           drinking water         language
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Inorganic contaminants:
 
                                                                      * * * * * * *
    Bromate (ppb)...............  .010..............  1000..............  10................  0.................  By-product of       Some people who
                                                                                                                   drinkig water       drink water of
                                                                                                                   disinfection.       containing
                                                                                                                                       bromate in excess
                                                                                                                                       of the MCL over
                                                                                                                                       many years may
                                                                                                                                       have an increased
                                                                                                                                       risk of getting
                                                                                                                                       cancer.
 
                                                                      * * * * * * *
    Chloramines (ppm)...........  MRDL=4............  ..................  MRDL=4............  MRDLG=4...........  Water additive      Some people who
                                                                                                                   used to control     use water
                                                                                                                   microbes.           containing
                                                                                                                                       chloramines well
                                                                                                                                       in excess of the
                                                                                                                                       MRDL could
                                                                                                                                       experience
                                                                                                                                       irritating
                                                                                                                                       effects to their
                                                                                                                                       eyes and nose.
                                                                                                                                       Some people who
                                                                                                                                       drink water
                                                                                                                                       containing
                                                                                                                                       chloramines well
                                                                                                                                       in excess of the
                                                                                                                                       MRDL could
                                                                                                                                       experience
                                                                                                                                       stomach
                                                                                                                                       discomfort or
                                                                                                                                       anemia.

[[Page 70856]]

 
    Chlorine (ppm)..............  MRDL=4............  ..................  MRDL=4............  MRDLG=4...........  Water additive      Some people who
                                                                                                                   used to control     use water
                                                                                                                   microbes.           containing
                                                                                                                                       chlorine well in
                                                                                                                                       excess of the
                                                                                                                                       MRDL could
                                                                                                                                       experience
                                                                                                                                       irritating
                                                                                                                                       effects to their
                                                                                                                                       eyes and nose.
                                                                                                                                       Some people who
                                                                                                                                       drink water
                                                                                                                                       containing
                                                                                                                                       chlorine well in
                                                                                                                                       excess of the
                                                                                                                                       MRDL could
                                                                                                                                       experience
                                                                                                                                       stomach
                                                                                                                                       discomfort.
    Chlorine dioxide (ppb)......  MRDL=.8...........  1000..............  MRDL=800..........  MRDLG=800.........  Water additive      Some infants and
                                                                                                                   used to control     young children
                                                                                                                   micorbes.           who drink water
                                                                                                                                       chlorine dioxide
                                                                                                                                       in excess of the
                                                                                                                                       MRDL could
                                                                                                                                       experience
                                                                                                                                       nervous system
                                                                                                                                       effects. Similar
                                                                                                                                       effects may occur
                                                                                                                                       in fetuses of
                                                                                                                                       pregnant women
                                                                                                                                       who drink water
                                                                                                                                       containing
                                                                                                                                       chlorine dioxide
                                                                                                                                       in excess of the
                                                                                                                                       MRDL. Some people
                                                                                                                                       may experience
                                                                                                                                       anemia.
    Chlorite (ppm)..............  1.................  ..................  1.................  0.8...............  By-product of       Some infants and
                                                                                                                   drinking water      young children
                                                                                                                   disinfection.       who drink water
                                                                                                                                       containing
                                                                                                                                       chlorite in
                                                                                                                                       excess of the MCL
                                                                                                                                       could experience
                                                                                                                                       nervous system
                                                                                                                                       effects. Similar
                                                                                                                                       effects may occur
                                                                                                                                       in fetuses of
                                                                                                                                       pregnant women
                                                                                                                                       who drink water
                                                                                                                                       containing
                                                                                                                                       chlorite in
                                                                                                                                       excess of the
                                                                                                                                       MCL. Some people
                                                                                                                                       may experience
                                                                                                                                       anemia.
 
                                                                      * * * * * * *
    Copper (ppm)................  AL=1.3............  ..................  AL=1.3............  1.3...............  Corrosion of        Copper is an
                                                                                                                   household           essential
                                                                                                                   plumbing systems;   nutrient, but
                                                                                                                   Erosion of          some people who
                                                                                                                   natural deposits.   drink water
                                                                                                                                       containing copper
                                                                                                                                       in excess of the
                                                                                                                                       action level over
                                                                                                                                       a relatively
                                                                                                                                       short amount of
                                                                                                                                       time could
                                                                                                                                       experience
                                                                                                                                       gastrointestinal
                                                                                                                                       distress. Some
                                                                                                                                       people who drink
                                                                                                                                       water containing
                                                                                                                                       copper 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.
 

[[Page 70857]]

 
                                                                      * * * * * * *
Synthetic organic
contaminants including
 pesticides and herbicides:
 
                                                                      * * * * * * *
    Di(2-ethylhexyl) andipate     .4................  1000..............  400...............  400...............  Discharge from      Some people who
     (ppb).                                                                                                        chemical            drink water
                                                                                                                   factories.          containing di(2-
                                                                                                                                       ethylhexyl)
                                                                                                                                       adipate well in
                                                                                                                                       excess of the MCL
                                                                                                                                       over many years
                                                                                                                                       could experience
                                                                                                                                       toxic effects
                                                                                                                                       such as weight
                                                                                                                                       loss, liver
                                                                                                                                       enlargement or
                                                                                                                                       possible
                                                                                                                                       reproductive
                                                                                                                                       difficulties.
    Di(2-ethylhexyl) phthalate    .006..............  1000..............  6.................  0.................  Discharge from      Some people who
     (ppb).                                                                                                        rubber and          drink water
                                                                                                                   chemical            containing di(2-
                                                                                                                   factories.          ethylhexyl)
                                                                                                                                       phthalate well in
                                                                                                                                       excess of the MCL
                                                                                                                                       over many years
                                                                                                                                       may have problems
                                                                                                                                       with their liver,
                                                                                                                                       or experience
                                                                                                                                       reproductive
                                                                                                                                       difficulties, and
                                                                                                                                       may have an
                                                                                                                                       increased risk of
                                                                                                                                       getting cancer.
 
                                                                      * * * * * * *
Volatile organic
contaminants:
 
                                                                      * * * * * * *
    TTHMs [Total                  0.10/.080.........  1000..............  100/80............  N/A...............  By-product of       Some people who
     trihalomethanes] (ppb).                                                                                       drinking water      drink water
                                                                                                                   disinfection.       containing
                                                                                                                                       trihalomethanes
                                                                                                                                       in excess of the
                                                                                                                                       MCL over many
                                                                                                                                       years may
                                                                                                                                       experience
                                                                                                                                       problems with
                                                                                                                                       their liver,
                                                                                                                                       kidneys, or
                                                                                                                                       central nervous
                                                                                                                                       systems, and may
                                                                                                                                       have an increased
                                                                                                                                       risk of getting
                                                                                                                                       cancer.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Subpart Q--[Amended]

    3. Appendix B to Subpart Q of Part 141 is amended under E. by 
revising entries 33 for ``Di(2-ethylhexyl) adipate'' and 34 for ``Di(2-
ethylhexyl) phthalate'' to read as follows:

Appendix B to Subpart Q of Part 141--Standard Health Effects Language 
for Public Notification

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Standard health effects language for public
          Contaminant (units)                  MCLG \1\  (mg/l)                MCL \2\  (mg/l)                            notification
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
---------------------------------------
                                                          E. Synthetic Organic Chemicals (SOCs)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 

[[Page 70858]]

 
                                                                      * * * * * * *
33. Di(2-ethylhexyl) adipate..........  0.4                             0.4                            Some people who drink water containing di(2-
                                                                                                        ethylhexyl) adipate well in excess of the MCL
                                                                                                        over many years could experience toxic effects
                                                                                                        such as weight loss, liver enlargement or
                                                                                                        possible reproductive difficulties.
34. Di(2-ethylhexyl) phthalate........  Zero                            0.006                          Some people who drink water containing di(2-
                                                                                                        ethylhexyl) phthalate well in excess of the MCL
                                                                                                        over many years may have problems with their
                                                                                                        liver, or experience reproductive difficulties,
                                                                                                        and may have an increased risk of getting
                                                                                                        cancer.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Appendix B--Endnotes

    1. MCLG--Maximum contaminant level goal.
    2. MCL--Maximum contaminant level.
* * * * *

PART 142--[AMENDED]

    4. The authority citation for part 142 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[chyph]9, and 300j-11.


Sec.  142.3  [Amended]

    5. Section 142.3 is amended by removing paragraph (b)(3).

[FR Doc. 02-30117 Filed 11-26-02; 8:45 am]
BILLING CODE 6560-50-P