[Federal Register Volume 69, Number 124 (Tuesday, June 29, 2004)]
[Rules and Regulations]
[Pages 38850-38857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14604]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 141 and 142

[OW-2003-0066; FRL-7779-4]
RIN 2040-AE58


National Primary Drinking Water Regulations: Minor Corrections 
and Clarification to Drinking Water Regulations; National Primary 
Drinking Water Regulations for Lead and Copper

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule makes minor changes to clarify and correct EPA's 
Drinking Water regulations. This rule clarifies typographical errors, 
inadvertent omissions, editorial errors, and outdated language in the 
final Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), the 
Surface Water Treatment Rule, and other rules. In addition to these 
clarifications, EPA is adding optional monitoring for disinfection 
profiling and an earlier compliance date for some requirements in the 
LT1ESWTR, and a detection limit for the Uranium Methods.
    Also, EPA is reinstating text that was inadvertently dropped from 
the Lead and Copper Rule which listed the facilities that must be sent 
public education brochures by a public water system that has exceeded 
the action level for lead or copper.

DATES: This final rule is effective on July 29, 2004, except for the 
amendment to Sec.  141.85(c)(2)(iii) which is effective June 29, 2004. 
For purposes of judicial review, this final rule is promulgated as of 1 
p.m., eastern time on July 13, 2004, as provided in 40 CFR 23.7.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OW-2003-0066. All documents in the docket are listed in the EDOCKET 
index at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the Water Docket, EPA/DC, EPA West, Room B102, 1301 
Constitution Avenue, NW., Washington DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Water Docket is (202) 
566-2426. If you would like to schedule an appointment for access to 
docket material, please call (202) 566-2426.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
Safe Drinking Water Hotline, telephone (800) 426-4791. The Safe 
Drinking Water Hotline is open Monday through Friday, excluding legal 
holidays, from 9 a.m. to 5:30 p.m., eastern time. For technical 
inquiries, contact Tracy Bone, Office of Ground Water and Drinking 
Water, U. S. Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460; telephone: (202) 564-5257; fax: (202) 564-
3767; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    Entities potentially regulated by this action are public water 
systems (PWS). The following table provides examples of the regulated 
entities under this rule. A public water system, as defined by section 
1401 of the Safe Drinking Water Act (SDWA), is ``a system for the 
provision to the public of water for human consumption through pipes or 
other constructed conveyances, if such system has at least fifteen 
service connections or regularly serves at least twenty-five 
individuals.'' EPA defines ``regularly served'' as receiving water from 
the system 60 or more days per year. Categories and entities 
potentially regulated by this action include the following:

------------------------------------------------------------------------
                                      Examples of potentially regulated
             Category                             entities
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State, Tribal and Local Government  State, tribal or local government-
                                     owned/operated water supply systems
                                     using ground water, surface water
                                     or mixed ground water and surface
                                     water.
Federal Government................  Federally owned/operated community
                                     water supply systems using ground
                                     water, surface water or mixed
                                     ground water and surface water.
Industry..........................  Privately owned/operated community
                                     water supply systems using ground
                                     water, surface water or mixed
                                     ground water and surface water.
------------------------------------------------------------------------


[[Page 38851]]

    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 the 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.  141.2 and 141.3 of title 40 of 
the Code of Federal Regulations. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

II. Changes and Clarifications

    EPA is promulgating today, all of the changes and clarifications 
proposed on March 2, 2004 (69 FR 9781), with the exception of two 
proposed clarifications discussed in section F concerning calibration 
of turbiditimeters. Each clarification and change promulgated today is 
discussed under the heading of the drinking water rule that it amends 
(e.g., LT1ESWTR). EPA is also promulgating today an additional 
clarification, which was not in the March 2, 2004, Minor Corrections 
and Clarification to Drinking Water Regulations proposal. This 
clarification is discussed in section III.
    In addition to clarifications of typographical and editorial 
errors, EPA is revising the LT1ESWTR to add optional monitoring for 
disinfection profiling and an earlier compliance date for some 
requirements in that rule. EPA is also promulgating a detection limit 
for the uranium methods. These three changes are discussed first.

A. LT1ESWTR Compliance Date Change and Optional Monitoring for 
Disinfection Profiling

    The final LT1ESWTR was published on January 14, 2002 (67 FR 1812). 
In Sec.  141.502 of the LT1ESWTR, EPA directed PWSs to ``comply with 
these requirements in this subpart beginning January 14, 2005, except 
where otherwise noted.'' Today's rule changes the compliance date from 
January 14, 2005, to January 1, 2005, in Sec.  141.502 as well as in 
endnote 8 of Subpart Q, Appendix B. EPA's reasons for moving the 
compliance date forward by two weeks are set forth in the preamble to 
the proposed rule at 69 FR 9782.
    EPA is also changing the compliance date in two additional 
sections, Sec. Sec.  141.73(a)(4) and 141.170(d), which reference the 
January 14, 2005, date. These two citations should have been included 
in the March 2, 2004, proposal.
    By changing Sec.  141.502, the following 12 requirements will have 
a compliance deadline of January 1, 2005, instead of January 14, 2005: 
Sec. Sec.  141.520, 141.521, 141.522, 141.550, 141.551, 141.552, 
141.553, 141.560, 141.561, 141.562, 141.563, and 141.564. July 1, 2003 
(or January 1, 2004, for systems serving fewer than 500 persons), 
remains the compliance date for Sec. Sec.  141.530-141.536. March 15, 
2002, remains the compliance date for Sec.  141.511.
    In addition to changing the compliance date, EPA is adding a 
sentence to Sec.  141.531 to clarify that States may approve a more 
representative total trihalomethanes (TTHM) and haloacetic acids (five) 
(HAA5) data set (optional monitoring) to avoid the disinfection profile 
monitoring required in Sec.  141.530. EPA's intent was to allow this 
flexibility in the final LT1ESWTR rule (67 FR 1820, January 14, 2002). 
EPA had failed to make this flexibility explicit in that regulation.

B. Detection Limit for Compliance Monitoring of Uranium

    The December 7, 2000, final Radionuclides Rule (65 FR 76708) 
included a detection limit for gross alpha, radium-226 and radium-228, 
and reserved a place for a uranium detection limit in Table B at Sec.  
141.25(c)(1). In today's action, EPA is amending Table B at Sec.  
141.25(c)(1) to add a detection limit of 1 [mu]g/L for uranium. 
Establishing a uranium detection limit permits States the flexibility 
to substantially reduce the number of compliance samples and the 
frequency of repeat monitoring for uranium.

C. Radionuclide Rule Clarifications

    In addition to amending the detection limit for uranium, EPA is 
making two clarifications to the final Radionuclide Rule (December 7, 
2000, 65 FR 76708). In Sec.  141.26(b)(2)(iv), EPA is adding 
``screening level'' to the first sentence. (Note also, that the second 
``beta'' in this sentence is a typographical error, and under today's 
rule is being removed.) Similarly, EPA is clarifying in Sec.  
141.26(b)(5), that there are two screening levels by adding the word 
``appropriate'' to the first sentence so that it reads ``* * * exceeds 
the appropriate screening level * * *.'' In addition, in the text that 
proposed to revise Sec.  141.26(b)(5), we inadvertently referenced a 
nonexistent Table E, ``or Table E in 141.66(d)''--this reference is 
deleted in this final rule.
    In Sec.  141.26(b)(6), EPA is revising the citation ``(b)(1)(ii)'' 
to read ``(b)(1)(i),'' and is revising citation ``(b)(2)(i)'' to read 
``(b)(2)(iv).'' These were typographical errors and should have been 
(b)(1)(i) and (b)(2)(iv), which refer to meeting the screening level 
requirements until the system meets the requirements for reduced 
monitoring.

D. LT1ESWTR Clarifications

    In addition to changing the date in Sec.  141.502 to reduce 
monitoring burden as well as to allow States to approve alternative 
data sets for optional monitoring in Sec.  141.531, EPA is clarifying 
typographical errors in the final LT1ESWTR. In Subpart Q Appendix B, in 
endnotes 4 and 8, the year of publication for the Long Term 1 Enhanced 
Surface Water Treatment Rule is incorrectly identified as 2001 when it 
should be 2002. Also in endnote 4, the word ``monthly'' is misspelled. 
In Sec.  141.530 EPA is removing the grammatically incorrect, plural 
``s'' from ``systems'' in the sentence ``If you are a subpart H 
community or non-transient non-community water systems which serves 
fewer * * *''.
    Two typographical errors are being corrected in Sec.  141.534. In 
the introductory paragraph for Sec.  141.534, EPA inadvertently omitted 
a reference to Sec.  141.74(b)(3)(v), which provides tables for 
determining the appropriate CT99.9 value to calculate the inactivation 
ratio. EPA is changing the introductory paragraph of Sec.  141.534 to: 
``Use the tables in Sec.  141.74(b)(3)(v) to determine the appropriate 
CT99.9 value. Calculate the total inactivation ratio as follows, and 
multiply the value by 3.0 to determine log inactivation of Giardia 
lamblia:''
    In the table in Sec.  141.534(a)(2), EPA is changing the ``3'' to 
``[Sigma]'' in the CT calculation formula. EPA inadvertently changed 
the ``[Sigma]'' to a ``3'' during a text file conversion.
    In Sec.  141.551(a)(2), EPA is adding a ``t'' to the ``no'' in ``A 
value determined by the State (no to exceed 1 NTU) * * *''. In Sec.  
141.551(b)(2), EPA is adding the word ``Filtration'' to the phrase 
``All other `Alternative' '' so that it matches related language in 
Sec.  141.551(a)(2).
    EPA is deleting the last sentence in the second column in the table 
in Sec.  141.563(b), because it is redundant. Also in the same table in 
Sec.  141.563(c), the first column contains a typographical error. The 
acronym ``BTU'' will read ``NTU'' (Nephelometric Turbidity Units).
    In the table in Sec.  141.570(b)(2), EPA is adding the phrase: 
``and the cause (if known) for the exceedance(s)'' to the description 
of information to report under Sec.  141.570(b)(2). As a result, the 
entire paragraph will read: ``The filter

[[Page 38852]]

number(s), corresponding date(s), and the turbidity value(s) which 
exceeded 1.0 NTU during the month, and the cause (if known) for the 
exceedance(s), but only if 2 consecutive measurements exceeded 1.0 
NTU.''
    This action redesignates the LT1ESWTR special primacy text as Sec.  
142.16(p). In addition, EPA is revising a citation in Sec.  142.16 
(p)(2)(ii) to ``141.536'' to read ``141.535.'' This was a typographical 
error and should have been ``141.535,'' which refers to calculating 
inactivation.

E. Stage 1 Disinfectants and Disinfection Byproducts Rule

    The Stage 1 Disinfectants and Disinfection Byproducts Rule was 
promulgated on December 16, 1998 (63 FR 69390). This rule required 
systems to measure and report, among other things, violations of 
maximum residual disinfectant levels (MRDLs), see Sec.  
141.134(c)(1)(iv) (see 63 FR 69422 and 69472). However, EPA failed to 
add compliance with the applicable MRDL to the compliance requirements 
in Sec.  141.133(a)(3). EPA is correcting this, and the language in 
Sec.  141.133(a)(3) now reads ``If, during the first year of monitoring 
under Sec.  141.132, any individual quarter's average will cause the 
running annual average of that system to exceed the MCL for total 
trihalomethanes, haloacetic acids (five), or bromate; or the MRDL for 
chlorine or chloramine, the system is out of compliance at the end of 
that quarter.'' The burden for this requirement was already accounted 
for in the approved Information Collection Request No. 1895.02.
    Also, in the final Stage 1 Disinfectants and Disinfection 
Byproducts Rule, EPA incorrectly cited in Sec.  142.14(d)(12)(iv) and 
Sec.  142.14(d)(13) a reference to Sec.  142.16(f). The reference for 
both sections is now being revised to read Sec.  142.16(h)(2) and Sec.  
142.16(h)(5) respectively.

F. Surface Water Treatment Rule

    The Surface Water Treatment Rule (SWTR) was promulgated on June 29, 
1989 (54 FR 27486). In that final rule, EPA incorrectly cited in Sec.  
141.74(b)(4)(ii) a reference to Sec.  142.72(a). This citation is being 
corrected to read Sec.  141.72(a).
    Today's rule does not include the proposed clarifications (March 2, 
2004, 69 FR 9784) concerning the calibration of turbiditimeters in 
Sec.  141.174(a) (Interim Enhanced Surface Water Treatment Rule 
(IESWTR)) and in Sec.  141.560(b) (LT1ESWTR). EPA is deferring a 
decision on this clarification until additional information provided in 
a public comment can be evaluated.
    EPA is changing all citations to Sec.  141.74(a)(3) or (4) to Sec.  
141.74(a)(1), and all citations to Sec.  141.74(a)(5) to Sec.  
141.74(a)(2) to reflect revisions to the SWTR as described in the 
proposal.

        Table 1.--References to the Surface Water Treatment Rule
------------------------------------------------------------------------
 SWTR provisions with incorrect cross
              references                            Amendment
------------------------------------------------------------------------
141.71(a)(2)..........................  ``(a)(4)'' to (a)(1)
141.71(c)(2)(i).......................  ``(a)(4)'' to (a)(1)
141.72(a)(3)..........................  ``(a)(5)'' to (a)(2)
141.72(a)(4)(i).......................  ``(a)(3)'' to (a)(1) and
                                         ``(a)(5)'' to (a)(2)
141.72(a)(4)(ii)......................  ``(a)(3)'' to (a)(1)
141.72(b)(2),.........................  ``(a)(5)'' to (a)(2)
141.72(b)(3)(i).......................  ``(a)(5)'' to (a)(2) and,
                                         ``(a)(3)'' to (a)(1)
141.72(b)(3)(ii)......................  ``(a)(3)'' to (a)(1)
141.73(a)(1)..........................  ``(a)(4)'' to (a)(1)
141.73(a)(2)..........................  ``(a)(4)'' to (a)(1)
141.73(b)(1)..........................  ``(a)(4)'' to (a)(1)
141.73(b)(2)..........................  ``(a)(4)'' to (a)(1)
141.73(c)(1)..........................  ``(a)(4)'' to (a)(1)
141.73(c)(2)..........................  ``(a)(4)'' to (a)(1)
141.74(b)(6)(ii)......................  ``(a)(3)'' to (a)(1)
141.74(c)(3)(i).......................  ``(a)(3)'' to (a)(1)
141.74(c)(3)(ii)......................  ``(a)(3)'' to (a)(1)
141.75(a)(2)(viii)(G).................  ``(a)(3)'' to (a)(1)
141.75(b)(2)(iii)(G)..................  ``(a)(3)'' to (a)(1)
------------------------------------------------------------------------

G. Filter Backwash Recycling Rule

    The Filter Backwash Recycling Rule (FBRR) was promulgated on June 
8, 2001 (66 FR 31086). EPA inadvertently provided incomplete citations 
in subpart Q, Appendix A of the Public Notification rule for the FBRR 
violations. In entry I.A.(8) of 40 CFR part 141, subpart Q, Appendix A, 
EPA is adding a ``(c)'' to the ``MCL/MRDL/TT violations Citation'' 
column of Sec.  141.76; and, in the ``Monitoring & testing procedure 
violations Citation'' column EPA has added ``(b), (d)'' to Sec.  
141.76.
    The FBRR preamble (66 FR 31086, 31094) explicitly states that 
violations of the recordkeeping and reporting portions of this 
treatment technique trigger public notification (PN) obligations under 
40 CFR part 141, subpart Q. EPA is clarifying the PN rule by striking 
the reference to reporting violations in Appendix A, endnote 1, and 
explicitly adding Sec. Sec.  141.76(b), (c) and (d) to the list of 
categories requiring reporting in Appendix A (previous reference was to 
the entire Sec.  141.76).

H. Bottled Water

    In a November 1995 final rule (60 FR 57132), the Food and Drug 
Administration (FDA) moved their standards of quality for bottled water 
from 21 CFR 103.35 to 21 CFR 165.110. EPA is correcting a reference in 
our regulations in Sec.  142.62(g)(2) to reflect the updated citation 
of these FDA regulations.

I. Information Collection Rule

    The Information Collection Rule (ICR) was promulgated on May 14, 
1996 (61 FR 24354). The requirements promulgated in the ICR expired on 
December 31, 2000. As a result, the ICR requirements (referred to as 
subpart M--Information Collection Requirements (ICRs) for Public Water 
Systems) were removed from the Code of Federal Regulations in 2001. 
However, there were remaining references to the data collected as a 
result of the ICR in other sections of part 141 that refer to ``subpart 
M.'' EPA is deleting the phrase ``or subpart M of this part'' from 
Sec.  141.132(a)(5). EPA is not deleting or revising the other 
references to subpart M because the data collected under the ICR are 
still being used.

J. Phase V Rule

    In the final Phase V Rule (July 17, 1992, 57 FR 31776), EPA 
published a list of Best Available Technologies (BATs) for cyanide, see 
Sec.  141.62(c). EPA is making the list more specific as to the type of 
chlorination (``alkaline chlorination'').

III. Correction in the Lead and Copper Rule Public Education 
Requirement

    In this final version of the rule, EPA is reinstating the list of 
the facilities that must be sent public education brochures by a public 
water system that has exceeded the action level for lead or copper. 
This list was included in the final Lead and Copper Rule, in Sec.  
141.85(c)(2)(iii) (June 7, 1991, 56 FR 26460; 26555) and published in 
the Code of Federal Regulations (CFR) from 1991 to 1999. However, a 
technical drafting error in the way in which EPA drafted its language 
of amendment for revisions to the LCR in 2000 caused the Office of 
Federal Register to delete this text from the 2001 edition of the CFR 
(January 12, 2000, 65 FR 1950, 2007). Thus, the current CFR text 
contains only a requirement to deliver public education materials ``to 
facilities and organizations, including the following:'' with no text 
following the colon. To remedy this, EPA is reinstating the missing 
text, specifically subparagraphs (A) through (G). Section 
141.85(c)(2)(iii) will once again read as follows:
    (iii) Deliver pamphlets and/or brochures that contain the public 
education materials in paragraphs (a)(1)(ii) and (a)(1)(iv) of this 
section to

[[Page 38853]]

facilities and organizations, including the following:
    (A) Public schools, and/or local school boards;
    (B) City or county health department;
    (C) Women, Infants, and Children and/or Head Start Program(s) 
whenever available;
    (D) Public and private hospitals and/or clinics;
    (E) Pediatricians;
    (F) Family planning clinics; and
    (G) Local welfare agencies.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
prior notice and an opportunity for public comment. EPA is reinstating 
the list of facilities that must be sent public education brochures by 
a public water system that has exceeded the action level for lead or 
copper. EPA has determined that there is ``good cause'' for making this 
rule change final without prior proposal and opportunity for comment 
because this list was the product of a prior notice-and-comment 
rulemaking, see (June 7, 1991, 56 FR 26502), it had appeared in the CFR 
for several years, the deletion was due solely to a technical drafting 
error in a subsequent rule, and the list is not controversial. Thus, 
additional notice and public comment is not necessary. EPA finds that 
this constitutes ``good cause'' under 5 U.S.C. 553(b)(B). For the same 
reasons, EPA is making this rule change effective upon publication. 5 
U.S.C. 553(d)(3).

IV. Statutory and Executive Order Reviews

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 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. 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 action modifies and clarifies existing regulations. It does not 
add monitoring, recordkeeping or reporting requirements.
    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 respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements 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.
    Small entities are defined as: (1) A small business as defined by 
the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any ``not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.'' However, the RFA also 
authorizes an agency to use alternative definitions for each category 
of small entity, ``which are appropriate to the activities of the 
agency'' after proposing the alternative definition(s) in the Federal 
Register and taking comment. 5 U.S.C. 601(3)-(5). In addition, to 
establish an alternative small business definition, agencies must 
consult with 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. As required by 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 (SBA), and 
finalized in the alternative definition 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.
    The optional monitoring for disinfection profiling provides 
flexibility for PWSs complying with LT1ESWTR. The earlier compliance 
date will not increase the cost of complying with LT1ESWTR since the 
monitoring and reporting requirements are unchanged. By specifying the 
detection limit for uranium, States have the flexibility to waive some 
monitoring for PWSs with samples below the detection limit. This action 
will not add new requirements.
    This final rule imposes no cost on any entities over and above 
those imposed by previously published drinking water rules. This action 
corrects and clarifies existing regulations.
    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. The small 
entities directly regulated by this final rule are public water systems 
serving 10,000 or fewer persons. We have determined that no number of 
small entities will experience an impact.

[[Page 38854]]

D. 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. This final rule imposes no 
enforceable duty on any State, local or tribal governments or the 
private sector. This action corrects and clarifies existing 
regulations. The optional monitoring for disinfection profiling 
provides flexibility for PWSs to comply with LT1ESWTR. The earlier 
compliance date will not increase the cost of complying with LT1ESWTR 
since the monitoring and reporting requirements are unchanged. By 
specifying the detection limit for uranium, EPA provides States with 
the flexibility to waive some monitoring for PWSs with samples below 
the detection limit. Thus, today's final rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.
    EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. This action corrects and clarifies existing regulations. 
Thus, today's proposed rule is not subject to the requirements of 
section 203 of the UMRA.

E. 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. There is no cost to State and 
local governments, and the final rule does not preempt State law. This 
action corrects and clarifies existing regulations. The optional 
monitoring for disinfection profiling provides flexibility for PWSs to 
comply with LT1ESWTR. The earlier compliance date will not increase the 
cost of complying with LT1ESWTR since the monitoring and reporting 
requirements are unchanged. By specifying the detection limit for 
uranium, States have the flexibility to waive some monitoring for PWSs 
with samples below the detection limit. Thus, Executive Order 13132 
does not apply to this final rule. 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.

F. 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. 
There is no cost to tribal governments, and the rule does not preempt 
tribal law. This action corrects and clarifies existing regulations. 
Thus, Executive Order 13175 does not apply to this rule. Moreover, 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.

G. Executive Order 13045: Protection of Children From Environmental 
Health & Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (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 final rule is not subject to the Executive Order because it is 
not economically significant as defined in Executive Order 12866, and 
because the Agency does not have reason to believe the environmental 
health or safety risks addressed by this action present a 
disproportionate risk to children.

[[Page 38855]]

H. Executive Order 13211: Actions 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.

I. 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, 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., materials 
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 action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

J. 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 July 29, 2004, except for the 
amendment to Sec.  141.85(c)(2)(iii) which is effective June 29, 2004.

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

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

    Dated: June 22, 2004.
Michael O. Leavitt,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS

0
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.


Sec.  141.25  [Amended]

0
2. Section 141.25(c)(1) is amended in the entry for uranium in the 
second column of Table B by removing the word ``reserve'' and adding in 
it's place ``1 [mu]g/L''.

0
3. Section 141.26 is amended as follows:
0
a. Revise paragraphs (b)(2)(iv) and (b)(5); and
0
b. In paragraph (b)(6) remove the citation ``(b)(1)(ii)'' and add in 
its place ``(b)(1)(i)'' and remove the citation ``(b)(2)(i)'' and add 
in its place ``(b)(2)(iv)''.
    The revisions read as follows:


Sec.  141.26  Monitoring frequency and compliance requirements for 
radionuclides in community water systems.

* * * * *
    (b) * * *
    (2) * * *
    (iv) If the gross beta particle activity minus the naturally 
occurring potassium-40 beta particle activity at a sampling point has a 
running annual average (computed quarterly) less than or equal to 15 
pCi/L (screening level), the State may reduce the frequency of 
monitoring at that sampling point to every 3 years. Systems must 
collect the same type of samples required in paragraph (b)(2) of this 
section during the reduced monitoring period.
* * * * *
    (5) If the gross beta particle activity minus the naturally 
occurring potassium-40 beta particle activity exceeds the appropriate 
screening level, an analysis of the sample must be performed to 
identify the major radioactive constituents present in the sample and 
the appropriate doses must be calculated and summed to determine 
compliance with Sec.  141.66(d)(1), using the formula in Sec.  
141.66(d)(2). Doses must also be calculated and combined for measured 
levels of tritium and strontium to determine compliance.
* * * * *


Sec.  141.62  [Amended]

0
4. Section 141.62(c) is amended as follows:
0
a. In the Table ``BAT FOR INORGANIC COMPOUNDS LISTED IN SECTION 
141.62(b)'' amend the entry for ``cyanide'' by replacing the ``10'' 
with ``13''; and
0
b. In the list ``Key to BATS in Table 1'', add to the end of the list, 
``13 = Alkaline Chlorination (pH [gteqt] 8.5)''.


Sec.  141.71  [Amended]

0
5. Section 141.71 is amended as follows:
0
a. In paragraph (a)(2) introductory text remove the citation ``Sec.  
141.74(a)(4)'' and add in its place ``Sec.  141.74(a)(1)'' and
0
b. In paragraph (c)(2)(i) remove the citation ``Sec.  141.74(a)(4)'' 
and add in its place ``Sec.  141.74(a)(1)''.


Sec.  141.72  [Amended]

0
6. Section 141.72 is amended as follows:
0
a. In paragraph (a)(3) remove the citation ``Sec.  141.74(a)(5)'' and 
add in its place ``Sec.  141.74(a)(2)'';
0
b. In paragraph (a)(4)(i) remove the citation ``Sec.  141.74(a)(5)'' 
and add in its place ``Sec.  141.74(a)(2)'' and remove the citation 
``Sec.  141.74(a)(3)'' and add in its place ``Sec.  141.74(a)(1)'';
0
c. In paragraph (a)(4)(ii) remove the citation ``Sec.  141.74(a)(3)'' 
and add in its place ``Sec.  141.74(a)(1)'';
0
d. In paragraph (b)(2) remove the citation ``Sec.  141.74(a)(5)'' and 
add in its place ``Sec.  141.74(a)(2)'';
0
e. In paragraph (b)(3)(i) remove the citation ``Sec.  141.74(a)(5)'' 
and add in its place ``Sec.  141.74(a)(2)'', remove the citation 
``Sec.  141.74(a)(3)'' and add in its place ``Sec.  141.74(a)(1)''; and
0
f. In paragraph (b)(3)(ii) remove the citation ``Sec.  141.74(a)(3)'' 
and add in its place ``Sec.  141.74(a)(1)''.


Sec.  141.73  [Amended]

0
7. Section 141.73 is amended as follows:
0
a. In paragraph (a)(1) remove both citations ``Sec.  141.74(a)(4)'' and 
add in their place ``Sec.  141.74(a)(1)'';
0
b. In paragraph (a)(2) remove the citation ``Sec.  141.74(a)(4)'' and 
add in its place ``Sec.  141.74(a)(1)'';
0
c. In paragraph (a)(4) remove the date ``January 14, 2005'' and add in 
its place ``January 1, 2005'';

[[Page 38856]]

0
d. In paragraph (b)(1) remove the citation ``Sec.  141.74(a)(4)'' and 
add in its place ``Sec.  141.74(a)(1)'';
0
e. In paragraph (b)(2) remove the citation ``Sec.  141.74(a)(4)'' and 
add in its place ``Sec.  141.74(a)(1)'';
0
f. In paragraph (c)(1) remove the citation ``Sec.  141.74(a)(4)'' and 
add in its place ``Sec.  141.74(a)(1)''; and
0
g. In paragraph (c)(2) remove the citation ``Sec.  141.74(a)(4)'' and 
add in its place ``Sec.  141.74(a)(1)''.


Sec.  141.74  [Amended]

0
8. Section 141.74 is amended as follows:
0
a. In paragraph (b)(4)(ii) remove the citation ``Sec.  142.72(a)'' and 
add in its place ``Sec.  141.72(a)'';
0
b. In paragraph (b)(6)(ii) remove the citation ``(a)(3)'' and add in 
its place ``(a)(1)'';
0
c. In paragraph (c)(3)(i) remove the citation ``(a)(3)'' and add in its 
place ``(a)(1)''; and
0
d. In paragraph (c)(3)(ii) remove the citation ``(a)(3)'' and add in 
its place ``(a)(1)''.


Sec.  141.75  [Amended]

0
9. Section 141.75 is amended as follows:
0
a. In paragraph (a)(2)(viii)(G) remove the citation ``Sec.  
141.74(a)(3)'' and add in its place ``Sec.  141.74(a)(1)''; and
0
b. In paragraph (b)(2)(iii)(G) remove the citation ``Sec.  
141.74(a)(3)'' and add in its place ``Sec.  141.74(a)(1)''.
0
10. Amend Sec.  141.85 by adding paragraphs (c)(2)(iii) (A) through (G) 
to read as follows:


Sec.  141.85  Public education and supplemental monitoring 
requirements.

* * * * *
    (c) * * *
    (2) * * *
    (iii) * * *
    (A) Public schools, and/or local school boards;
    (B) City or county health department;
    (C) Women, Infants, and Children and/or Head Start Program(s) 
whenever available;
    (D) Public and private hospitals and/or clinics;
    (E) Pediatricians;
    (F) Family planning clinics; and
    (G) Local welfare agencies.
* * * * *


Sec.  141.132  [Amended]

0
11. Section 141.132 is amended in paragraph (a)(5) by removing the 
reference to ``or subpart M of this part''.

0
12. In Sec.  141.133 revise paragraph (a)(3) to read as follows:


Sec.  141.133  Compliance requirements.

    (a) * * *
    (3) If, during the first year of monitoring under Sec.  141.132, 
any individual quarter's average will cause the running annual average 
of that system to exceed the MCL for total trihalomethanes, haloacetic 
acids (five), or bromate; or the MRDL for chlorine or chloramine, the 
system is out of compliance at the end of that quarter.
* * * * *


Sec.  141.170  [Amended]

0
13. In paragraph (d) remove the date ``January 14, 2005'' and add in 
its place ``January 1, 2005''.

Appendix A to Subpart Q of Part 141 [Amended]

0
14. In Subpart Q, Appendix A is amended as follows:
0
a. In entry I.A.(8) remove the citation in the third column ``141.76'' 
and add in its place ``141.76(c)'' and remove the citation in the fifth 
column ``141.76'' and add in its place ``141.76 (b), (d)''.
0
b. Amend endnote 1 by removing the words ``reporting violations and'' 
from the first parenthetical phrase.

0
15. In Subpart Q, Appendix B revise endnotes 4 and 8 to read as 
follows:

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

* * * * *

    \4\ There are various regulations that set turbidity standards 
for different types of systems, including 40 CFR 141.13, and the 
1989 Surface Water Treatment Rule, the 1998 Interim Enhanced Surface 
Water Treatment Rule and the 2002 Long Term 1 Enhanced Surface Water 
Treatment Rule. The MCL for the monthly turbidity average is 1 NTU; 
the MCL for the 2-day average is 5 NTU for systems that are required 
to filter but have not yet installed filtration (40 CFR 141.13).
* * * * *
    \8\ There are various regulations that set turbidity standards 
for different types of systems, including 40 CFR 141.13, the 1989 
Surface Water Treatment Rule (SWTR), the 1998 Interim Enhanced 
Surface Water Treatment Rule (IESWTR) and the 2002 Long Term 1 
Enhanced Surface Water Treatment Rule (LT1ESWTR). For systems 
subject to the IESWTR (systems serving at least 10,000 people, using 
surface water or ground water under the direct influence of surface 
water), that use conventional filtration or direct filtration, after 
January 1, 2002, the turbidity level of a system's combined filter 
effluent may not exceed 0.3 NTU in at least 95 percent of monthly 
measurements, and the turbidity level of a system's combined filter 
effluent must not exceed 1 NTU at any time. Systems subject to the 
IESWTR using technologies other than conventional, direct, slow 
sand, or diatomaceous earth filtration must meet turbidity limits 
set by the primacy agency. For systems subject to the LT1ESWTR 
(systems serving fewer than 10,000 people, using surface water or 
ground water under the direct influence of surface water) that use 
conventional filtration or direct filtration, after January 1, 2005, 
the turbidity level of a system's combined filter effluent may not 
exceed 0.3 NTU in at least 95 percent of monthly measurements, and 
the turbidity level of a system's combined filter effluent must not 
exceed 1 NTU at any time. Systems subject to the LT1ESWTR using 
technologies other than conventional, direct, slow sand, or 
diatomaceous earth filtration must meet turbidity limits set by the 
primacy agency.
* * * * *

0
16. Revise Sec.  141.502 to read as follows:


Sec.  141.502  When must my system comply with these requirements?

    You must comply with these requirements in this subpart beginning 
January 1, 2005, except where otherwise noted.


Sec.  141.530  [Amended]

0
17. In Sec.  141.530 in the second sentence, revise ``water systems'' 
to read ``water system''.

0
18. Amend Sec.  141.531 by adding the following sentence to the end of 
the section, to read as follows:


Sec.  141.531  What criteria must a State use to determine that a 
profile is unnecessary?

    * * * Your State may approve a more representative TTHM and HAA5 
data set to determine these levels.

0
19. Section 141.534 is amended as follows:
0
a. By revising the introductory paragraph,
0
b. In the table in paragraph (a)(2), remove the ``3'' and add in its 
place ``[Sigma]''.


Sec.  141.534  How does my system use this data to calculate an 
inactivation ratio?

    Use the tables in Sec.  141.74(b)(3)(v) to determine the 
appropriate CT99.9 value. Calculate the total inactivation ratio as 
follows, and multiply the value by 3.0 to determine log inactivation of 
Giardia lamblia:
* * * * *


Sec.  141.551  [Amended]

0
20. Section 141.551 is amended as follows:
0
a. In paragraph (a)(2) remove ``no'' and add in its place ``not''; and
0
b. In paragraph (b)(2) remove ``Alternative'' and add in its place 
``Alternative Filtration''.


Sec.  141.563  [Amended]

0
21. Section 141.563 is amended as follows:
0
a. In paragraph (b) remove the last sentence in the second column of 
the table, and

[[Page 38857]]

0
b. In paragraph (c) remove ``BTU'' and add in its place ``NTU'' in the 
first column of the table.

0
22. In Sec.  141.570, revise paragraph (b)(2) in the table to read as 
follows:


Sec.  141.570  What does subpart T require that my system report to the 
State?

* * * * *

------------------------------------------------------------------------
                                    Description of
   Corresponding requirement     information to report      Frequency
------------------------------------------------------------------------
 
                              * * * * * * *
(b) Individual Filter           (2) The filter          By the 10th of
 Turbidity Requirements (Sec.    number(s),              the following
 Sec.   141.560-141.564).        corresponding           month.
                                 date(s), and the
                                 turbidity value(s)
                                 which exceeded 1.0
                                 NTU during the month,
                                 and the cause (if
                                 known) for the
                                 exceedance(s), but
                                 only if 2 consecutive
                                 measurements exceeded
                                 1.0 NTU.
 
                              * * * * * * *
------------------------------------------------------------------------

PART 142--NATIONAL PRIMARY DRINKING WATER REGULATIONS 
IMPLEMENTATION

0
23. 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-9, and 300j-11.


Sec.  142.14  [Amended]

0
24. Section Sec.  142.14 is amended as follows:
0
a. In paragraph (d)(12)(iv) remove the citation ``Sec.  142.16(f)(2)'' 
and add in its place ``Sec.  142.16(h)(2)''; and
0
b. In paragraph (d)(13) remove the citation ``Sec.  142.16(f)(5)'' and 
add in its place ``Sec.  142.16(h)(5)''.


Sec.  142.16  [Amended]

0
25. Section 142.16 is amended as follows:
0
a. In paragraph (l)(2) remove the citation ``Sec.  142.16(e)(5)''and 
add in its place ``Sec.  142.16(e)(2)'';
0
b. Add and reserve paragraphs (m), (n), and (o);
0
c. Redesignate paragraph (j) which was added on January 14, 2002, at 67 
FR 1812 as paragraph (p); and
0
d. In newly designated paragraph (p)(2)(ii) remove the citation 
``141.536'' and add in its place ``141.535''.


Sec.  142.62  [Amended]

0
26. Section 142.62(g)(2) is amended by removing the citation ``103.35'' 
and add in its place ``165.110''.

[FR Doc. 04-14604 Filed 6-28-04; 8:45 am]
BILLING CODE 6560-50-P