99-321. Suspension of Unregulated Contaminant Monitoring Requirements for Small Public Water Systems  

  • [Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
    [Rules and Regulations]
    [Pages 1494-1498]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-321]
    
    
    
    [[Page 1493]]
    
    _______________________________________________________________________
    
    Part VIII
    
    
    
    
    
    Environmental Protection Agency
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    40 CFR Part 141
    
    
    
    Suspension of Unregulated Containment Monitoring Requirements for Small 
    Public Water Systems; Final Rule and Proposed Rule
    
    Federal Register / Vol. 64, No. 5 / Friday, January 8, 1999 / Rules 
    and Regulations
    
    [[Page 1494]]
    
    
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 141
    
    [FRL-6216-9]
    
    
    Suspension of Unregulated Contaminant Monitoring Requirements for 
    Small Public Water Systems
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: EPA is taking direct final action on the Unregulated 
    Contaminant Monitoring Regulation (UCMR) for public water systems. The 
    UCMR requires all public water systems to monitor for unregulated 
    contaminants during one year every five years. This direct final rule 
    concerns the suspension of monitoring by small and medium systems for 
    monitoring scheduled to begin after December 31, 1998. EPA is 
    suspending this monitoring since the revised UCMR program, required by 
    the 1996 Safe Drinking Water Act Amendments, is projected to begin 
    during this third round of monitoring. This will allow systems serving 
    10,000 or fewer persons to save the cost of monitoring under the 
    existing regulation, which if performed as scheduled would overlap with 
    monitoring under the revised UCMR program.
    
    DATES: The regulation is effective on March 9, 1999 without further 
    notice unless EPA receives adverse comment by February 8, 1999. If EPA 
    receives such comment, it will publish a timely withdrawal in the 
    Federal Register informing the public that this rule will not take 
    effect. For judicial review purposes, this final rule is promulgated as 
    of 1:00 p.m. EST on January 22, 1999 as provided in 40 CFR 23.7.
    
    ADDRESSES: Send written comments to the Comment Clerk, docket number W-
    98-29, Water Docket (MC 4101), U.S. Environmental Protection Agency, 
    401 M Street, SW, Washington, DC 20460. Please submit an original and 
    three copies of your comments and enclosures (including references). 
    The full record for this document has been established under docket 
    number W-98-29 and includes supporting documentation as well as 
    printed, paper versions of electronic comments. The full record is 
    available for inspection from 9 a.m. to 4 p.m. Monday through Friday, 
    excluding legal holidays at the Water Docket, East Tower Basement, 
    USEPA, 401 M Street, SW, Washington DC. For access to docket materials, 
    please call 202-260-3027 to schedule an appointment.
    
    FOR FURTHER INFORMATION CONTACT: Charles Job, Standards and Risk 
    Management Division, Office of Ground Water and Drinking Water (MC-
    4607), U.S. Environmental Protection Agency, 401 M Street, SW, 
    Washington DC 20460, (202) 260-7084 or Rachel Sakata, Standards and 
    Risk Management Division, Office of Ground Water and Drinking Water 
    (MC-4607), U.S. Environmental Protection Agency, 401 M Street, SW, 
    Washington DC 20460, (202) 260-2527. Information may also be obtained 
    from the EPA Safe Drinking Water Hotline. Callers within the United 
    States may reach the Hotline at (800) 426-4791. The Hotline is open 
    Monday through Friday, excluding Federal holidays, from 9:00 a.m. to 
    5:30 p.m. EST.
    
    SUPPLEMENTARY INFORMATION:
    
    Preamble Outline
    I. Background
    II. Today's Action
    III. Cost Savings to Public Water Systems Affected by this Action
    IV. 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
        F. National Technology Transfer and Advancement Act
        G. Executive Order 12898--Federal Actions to Address 
    Environmental Justice in Minority Populations and Low-Income 
    Populations
        H. Executive Order 12875--Enhancing the Intergovernmental 
    Partnership
        I. Executive Order 13084--Consultation and Coordination with 
    Indian Tribal Governments
        J. Administrative Procedure Act
        K. Congressional Review Act
    V. Public Involvement in Regulation Development
    
        Potentially Regulated Entities: The regulated entities are public 
    water systems. All large community and nontransient non-community water 
    systems serving more than 10,000 persons would be required to monitor. 
    A community water system means a public water system which serves at 
    least 15 public service connections used by year-round residents or 
    regularly serves at least 25 year-round residents. Nontransient non-
    community water system means a public water system that is not a 
    community water system and that regularly serves at least 25 of the 
    same persons over 6 months per year. Only a national representative 
    sample of community and non-transient non-community systems serving 
    10,000 or fewer persons would be required to monitor. Transient non-
    community systems (i.e., systems that do not regularly serve at least 
    25 of the same persons over six months per year) would not be required 
    to monitor. States, Territories, and Tribes with primacy to administer 
    the regulatory program for public water systems under the Safe Drinking 
    Water Act, sometimes conduct analyses to measure for contaminants in 
    water samples and would be regulated by this action. Categories and 
    entities that may ultimately be regulated include the following:
    
    ----------------------------------------------------------------------------------------------------------------
                       Category                           Examples of potentially regulated entities           SIC
    ----------------------------------------------------------------------------------------------------------------
    State, Tribal and Territorial Governments....  States, Territories, and Tribes that analyze water           9511
                                                    samples on behalf of public water systems required to
                                                    conduct such analysis; States, Territories, and Tribes
                                                    that themselves operate community and nontransient non-
                                                    community water systems required to monitor.
    Industry.....................................  Private operators of community and nontransient non-         4941
                                                    community water systems required to monitor.
    Municipalities...............................  Municipal operators of community and nontransient non-       9511
                                                    community water systems required to monitor.
    ----------------------------------------------------------------------------------------------------------------
    
        This table is not intended to be exhaustive, but rather provides a 
    guide for readers regarding entities likely to be regulated by this 
    action. This table lists the types of entities that EPA is now aware 
    could potentially be regulated by this action. Other types of entities 
    not listed in the table could also be regulated. If you have questions 
    regarding the applicability of this action to a particular entity, 
    consult the person listed in the preceding FOR FURTHER INFORMATION 
    CONTACT section.
    
    Proposed Rule Canceling Monitoring for Systems Serving 10,000 or 
    Fewer Persons under Existing Regulation, 40 CFR 141.40
    
    I. Background
    
        The requirement to monitor unregulated contaminants was first
    
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    established by the 1986 Amendments to the Safe Drinking Water Act. The 
    current Unregulated Contaminant Monitoring (UCM) Program implemented 
    under 40 CFR 141.40 was established under three separate rulemakings 
    (See Federal Register documents at 52 FR 25720 (July 8, 1987), 56 FR 
    3526 (January 30, 1991), and 57 FR 31776 (July 17, 1992)). This program 
    includes 34 contaminants listed below in Table 1 which are to be 
    monitored by all community and non-transient non-community water 
    systems and 14 contaminants that are only required to be monitored at 
    the discretion of the State. Systems serving fewer than 150 service 
    connections were waived from monitoring provided that they sent a 
    letter to the State by January 1, 1991, or January 1, 1994, depending 
    upon the contaminant(s), making their facilities available to the 
    states for monitoring. Under 40 CFR 142.15, primacy states must report 
    the results of this monitoring to EPA. Repeat monitoring is required 
    every 5 years.
    
    Table 1.--List of the Current Unregulated Contaminants
    
    Contaminants Required for Monitoring
    
    Aldicarb
    Aldicarb sulfone
    Aldicarb sulfoxide
    Aldrin
    Bromobenzene
    Bromodichloromethane
    Bromoform
    Bromomethane (methyl bromide)
    Butachlor
    Carbaryl
    Chlorodibromomethane
    Chloroethane
    Chloroform
    Chloromethane
    o-Chlorotoluene
    p-Chlorotoluene
    Dibromomethane
    Dicamba
    m-Dichlorobenzene
    1,1-Dichloroethane
    2,2-Dichloropropane
    1,3-Dichloropropane
    1,1-Dichloropropene
    1,3-Dichloropropene
    Dieldrin
    3-Hydroxycarbofuran
    Methomyl
    Metolachlor
    Metribuzin
    Propachlor
    Sulfate
    1,1,1,2-Tetrachloroethane
    1,1,2,2-Tetrachloroethane
    1,2,3-Trichloropropane
    
    Contaminants for Which Monitoring Was Required at the Discretion of the 
    State
    
    Bromochloromethane
    sec-Butylbenzene
    n-Butylbenzene
    tert-Butylbenzene
    Dichlorodifluoromethane
    Fluorotrichloromethane
    Hexachlorobutadine
    Isopropylbenzene
    p-Isopropyltoluene
    Naphthalene
    n-Propylbenzene
    1,2,3-Trichlorobenzene
    1,2,4-Trimethylbenzene
    1,3,5-Trimethylbenzene
    
        Under the requirement to monitor every five years, systems serving 
    more than 10,000 persons were to begin their third round of monitoring 
    for these unregulated contaminants no later than January 1, 1998. 
    Systems serving 3,300 to 10,000 persons were to begin their third 
    monitoring round no later than January 1, 1999, affecting 3,410 systems 
    nationwide. Systems serving less than 3,300 are required to begin their 
    third monitoring round no later than January 1, 2001, affecting 
    approximately 22,000 systems nationwide.
    
    II. Today's Action
    
        EPA is suspending the continuing requirement for small systems to 
    monitor every 5 years under the existing regulation. Under today's 
    action, systems serving 3,300 to 10,000 persons will not be required to 
    monitor after the rule is effective and systems serving less than 3,300 
    persons will not be required to monitor after January 1, 2001. 
    Effective January 1, 1999, EPA is suspending monitoring that would be 
    required to begin on or after that date. Any additional monitoring for 
    these systems will be a part of EPA's revision of the UCM regulations, 
    due by August 1999. This suspension does not eliminate the requirement 
    to monitor during monitoring rounds one and two, which were required to 
    begin in 1989 and 1994 respectively.
        The reasons for this suspension of existing monitoring for systems 
    serving 10,000 or fewer persons are:
        (a) The 1996 amendments to the SDWA require EPA to overhaul the UCM 
    program, with changes to the list of contaminants as well as the number 
    of systems that will need to monitor. The statutory deadline for the 
    revised UCM program is August 6, 1999.
        (b) Beginning January 1, 1999, most systems serving 3,300 to 10,000 
    persons will need to initiate another round of monitoring for the 
    contaminants on the existing monitoring. Under the revised program, 
    this list of contaminants will change and many of these systems will 
    not need to monitor for the new list of contaminants.
        (c) EPA already has received results from 28,000 systems from two 
    previous rounds of monitoring.
        (d) EPA will have monitoring results from large systems (serving 
    more than 10,000 persons) for a third monitoring round which was to 
    begin no later than January 1, 1998. This will provide sufficient 
    confirming information on the occurrence of contaminants and any 
    additional action that EPA might need to take with regard to these 
    contaminants.
        Therefore, because additional monitoring under the soon-to-be-
    superceded program is unnecessary and burdensome for small systems, EPA 
    believes that the monitoring requirements for these systems should be 
    suspended.
        This direct final rule grew out of the regulation development 
    process for the Unregulated Contaminant Monitoring Regulation. The UCMR 
    workgroup unanimously agrees that the cancellation of unregulated 
    contaminant monitoring requirements demonstrates good government. This 
    is because the proposed timing of the revised monitoring program occurs 
    close to the time of monitoring required by small systems under the 
    existing UCMR rule. The workgroup felt it was appropriate to suspend 
    monitoring because adequate data existed to assist EPA in future 
    regulatory decisions.
    
    III. Cost Savings to Public Water Systems Affected by This Action
    
        Since this action is deregulatory in nature, a cost savings will 
    accrue to these systems. EPA estimates that the cost for the affected 
    systems to monitor is $1,778,000 each year. Since these small systems 
    will not incur these costs, this rule results in cost savings to them.
    
    IV. 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 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;
    
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        (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: (1) is determined to be ``economically significant'' as 
    defined under E.O. 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 E.O. 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. EPA believes that the Agency will have sufficient data 
    from the previous unregulated contaminant monitoring (three monitoring 
    rounds by systems serving more than 10,000 persons, and two monitoring 
    rounds by systems serving 10,000 or fewer persons) to enable it to 
    conduct the exposure assessments necessary for this sensitive 
    subpopulation.
    
    C. Unfunded Mandates Reform Act
    
        Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
    Law 104-4, establishes requirements for Federal agencies to assess the 
    effects of their regulatory actions on State, local, and tribal 
    governments and the private sector. Under section 202 of the UMRA, EPA 
    generally must prepare a written statement, including a cost-benefit 
    analysis, for proposed and final rules with ``Federal mandates'' that 
    may result in expenditures to State, local, and tribal governments, in 
    the aggregate, or to the private sector, of $100 million or more in any 
    one year. Before promulgating an EPA rule for which a written statement 
    is needed, section 205 of the UMRA generally requires EPA to identify 
    and consider a reasonable number of regulatory alternatives and adopt 
    the least costly, most cost-effective or least burdensome alternative 
    that achieves the objectives of the rule. The provisions of section 205 
    do not apply when they are inconsistent with applicable law. Moreover, 
    section 205 allows EPA to adopt an alternative other than the least 
    costly, most cost-effective or least burdensome alternative if the 
    Administrator publishes with the final rule an explanation why that 
    alternative was not adopted. Before EPA establishes any regulatory 
    requirements that may significantly or uniquely affect small 
    governments, including tribal governments, it must have developed under 
    section 203 of the UMRA a small government agency plan. The plan must 
    provide for notifying potentially affected small governments, enabling 
    officials of affected small governments to have meaningful and timely 
    input in the development of EPA regulatory proposals with significant 
    Federal intergovernmental mandates, and informing, educating, and 
    advising small governments on compliance with the regulatory 
    requirements.
        Today's rule contains no Federal mandates (under the regulatory 
    provisions of Title II of the UMRA) for State, local, or tribal 
    governments or the private sector. The rule does not impose any 
    enforceable duties on these entities. Further, this rule withdraws 
    existing requirements, resulting in an estimated cost savings to these 
    governments and the private sector of $553,500 each year, since they 
    would no longer incur these costs. 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
    
        Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
    information collection requirements must be submitted to the Office of 
    Management and Budget (OMB) for approval. An Information Collection 
    Request (ICR) document for existing requirements was previously 
    prepared by EPA (ICR No. 270.39) and approved by OMB (OMB No. 2040-
    0090) and a copy may be obtained from Sandy Farmer by mail at OPPE 
    Regulatory Information Division; U.S. Environmental Protection Agency 
    (2137); 401 M St., S.W.; Washington, DC 20460, by email at: 
    farmer.sandy@epamail.epa.gov, or by calling: (202) 260-2740. However, 
    this rule suspends the reporting requirements previously approved as 
    they relate to small systems. The Agency believes that by eliminating 
    this required monitoring in the years 1999 and 2000 and beyond, 
    reporting requirements will be commensurately reduced for state and 
    local entities affected. EPA estimates the reduction in burden hours to 
    be 3,774 hours, accruing in a total savings of $106,000.
    
    E. Regulatory Flexibility Act
    
        Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
    as amended by SBREFA, EPA generally is required to conduct a regulatory 
    flexibility analysis describing the impact of the regulatory action on 
    small entities as part of rulemaking. However, under section 605(b) of 
    the RFA, if EPA certifies that the rule will not have a significant 
    economic impact on a substantial number of small entities, EPA is not 
    required to prepare a regulatory flexibility analysis. Because this 
    rule removes existing requirements and does not add any new 
    requirements, pursuant to section 605(b) of the Regulatory Flexibility 
    Act, 5 U.S.C. 605(b), the Administrator certifies that this rule will 
    not have a significant economic impact on a substantial number of small 
    entities and will in fact have a positive impact on them by reducing 
    monitoring requirements in years 1999 and 2000 and beyond.
    
    F. National Technology Transfer and Advancement Act
    
        Under section 12(d) of the National Technology Transfer and 
    Advancement Act, the Agency is required to use voluntary consensus 
    standards in its regulatory activities unless doing so would be 
    inconsistent with applicable law or otherwise impractical. Voluntary 
    consensus standards are technical standards (e.g., material 
    specifications, test methods, sampling procedures, business practices, 
    etc.) that are developed or adopted by voluntary consensus standards 
    bodies. Where available and potentially applicable voluntary consensus 
    standards are not used by EPA, the Act requires the Agency to provide 
    Congress, through the Office of Management and Budget (OMB), an 
    explanation for the reasons for not using such standards.
        Since this action establishes no technical standards, the 
    requirements of this Act do not apply to today's action.
    
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    G. Executive Order 12898--Federal Actions To Address Environmental 
    Justice in Minority Populations and Low-Income Populations
    
        Executive Order 12898--``Federal Actions to Address Environmental 
    Justice in Minority Populations and Low-Income Populations'' (February 
    11, 1994) focuses federal attention on the environmental and human 
    health conditions of minority populations and low-income populations 
    with the goal of achieving environmental protection for all 
    communities.
        EPA believes that the Agency will have sufficient data from the 
    previous unregulated contaminant monitoring (three monitoring rounds by 
    systems serving more than 10,000 persons, and two monitoring rounds by 
    systems serving 10,000 or fewer persons) to enable it to conduct any 
    assessments necessary for these populations.
    
    H. Executive Order 12875--Enhancing the Intergovernmental Partnership
    
        Under Executive Order 12875, EPA may not issue a regulation that is 
    not required by statute and that creates a mandate upon a State, local 
    or tribal government, unless the Federal government provides the funds 
    necessary to pay the direct compliance costs incurred by those 
    governments, or EPA consults with those governments. If EPA complies by 
    consulting, Executive Order 12875 requires EPA to provide to the Office 
    of Management and Budget a description of the extent of EPA's prior 
    consultation with representatives of affected State, local and tribal 
    governments, the nature of their concerns, any written communications 
    from the governments, and a statement supporting the need to issue the 
    regulation. In addition, Executive Order 12875 requires EPA to develop 
    an effective process permitting elected officials and other 
    representatives of State, local and tribal governments ``to provide 
    meaningful and timely input in the development of regulatory proposals 
    containing significant unfunded mandates.''
        Today's rule does not create a mandate on State, local or tribal 
    governments. The rule does not impose any enforceable duties on these 
    entities. Accordingly, the requirements of section 1(a) of Executive 
    Order 12875 do not apply to this rule.
    
    I. Executive Order 13084--Consultation and Coordination With Indian 
    Tribal Governments
    
        Under Executive Order 13084, EPA may not issue a regulation that is 
    not required by statute, that significantly or uniquely affects the 
    communities of Indian tribal governments, and that imposes substantial 
    direct compliance costs on those communities, unless the Federal 
    government provides the funds necessary to pay the direct compliance 
    costs incurred by the tribal governments, or EPA consults with those 
    governments. If EPA complies by consulting, Executive Order 13084 
    requires EPA to provide to the Office of Management and Budget, in a 
    separately identified section of the preamble to the rule, a 
    description of the extent of EPA's prior consultation with 
    representatives of affected tribal governments, a summary of the nature 
    of their concerns, and a statement supporting the need to issue the 
    regulation. In addition, Executive Order 13084 requires EPA to develop 
    an effective process permitting elected officials and other 
    representatives of Indian tribal governments ``to provide meaningful 
    and timely input in the development of regulatory policies on matters 
    that significantly or uniquely affect their communities.''
        This rule does not impose any enforceable duties or any compliance 
    costs on Indian tribal governments. Thus, today's rule does not 
    significantly or uniquely affect the communities of Indian tribal 
    governments. Accordingly, the requirements of section 3(b) of Executive 
    order 13084 do not apply to this rule.
    
    J. Administrative Procedure Act
    
        EPA is publishing this rule without prior proposal because it views 
    this as a noncontroversial amendment and anticipate no adverse comment. 
    However, in the ``Proposed Rules'' section of today's Federal Register 
    publication, EPA is publishing a separate document that will serve as 
    the proposal for the suspension of monitoring for unregulated 
    contaminants by systems serving 10,000 or fewer persons if adverse 
    comments are filed. This rule will be effective on March 9, 1999 
    without further notice unless EPA receives adverse comment by February 
    8, 1999. If EPA receives adverse comment, it will publish a timely 
    withdrawal in the Federal Register informing the public that the rule 
    will not take effect. EPA will address all public comments in a 
    subsequent final rule based on the proposed rule. EPA will not 
    institute a second comment period on this action. Any parties 
    interested in commenting must do so at this time.
    
    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 March 9, 1999 unless EPA 
    receives adverse comment and withdraws this rule before that date.
    
    V. Public Involvement in Regulation Development
    
        EPA's Office of Ground Water and Drinking Water has developed a 
    process for stakeholder involvement in its regulatory activities to 
    provide early input to regulation development. Activities related to 
    the Unregulated Contaminant Monitoring Program include specific 
    meetings focused on revising the unregulated contaminant monitoring 
    regulations to address the 1996 SDWA Amendments and the possibility of 
    eliminating future monitoring under the existing unregulated 
    contaminant monitoring regulation for systems serving 10,000 or fewer 
    persons.
        OGWDW held its first stakeholder meeting to discuss options for the 
    development of the Unregulated Contaminant Monitoring Regulation on 
    December 2-3, 1997, in Washington, DC. A range of stakeholders attended 
    that meeting, including representatives of public water systems, 
    states, industry, health and laboratory organizations, and the public. 
    OGWDW staff prepared a background document for that meeting, Options 
    for Developing the Unregulated Contaminant Monitoring Regulation 
    (Working Draft), EPA 815-D-97-003, November 1997. A summary of that 
    meeting is also available. Prior to preparation of the UCMR regulation, 
    EPA also held a second stakeholders meeting on June 3-4, 1998, to 
    obtain input from interested on significant issues evolving from 
    drafting the regulation that needed further public input. OGWDW staff 
    prepared a public review document for that meeting, Background 
    Information and Draft Annotated Outline for a Proposed Unregulated 
    Contaminant Monitoring Regulation, Background Document,
    
    [[Page 1498]]
    
    (Working Draft), May 1998. A meeting summary is available.
        Both meetings addressed the option of suspending unregulated 
    contaminant monitoring requirements for small public water systems. 
    Subsequent discussions with environmental organizations identified 
    their interest in having sufficient data to make regulatory decisions 
    for the current list of unregulated contaminants. Based on the data EPA 
    has from the first two monitoring rounds, EPA has made decisions 
    whether or not to regulate these contaminants. The contaminants from 
    this list selected for regulatory decisions are identified in the 
    Contaminant Candidate List, published March 2, 1998 in the Federal 
    Register (63 FR 10273). Additionally, the associations representing the 
    water supply industry expressed their support for this regulation. They 
    indicated that because the contaminants on the existing list are tested 
    using the same methods for regulated organic chemical testing, the 
    costs to test for additional contaminant should be minimal.
        In general, the result of this public input is support for 
    eliminating existing unregulated contaminant monitoring requirements 
    for systems serving 10,000 or fewer persons so they will not have to 
    monitor for the existing list of unregulated contaminants in years 1999 
    and 2000 or beyond.
    
    List of Subjects in 40 CFR Part 141
    
        Environmental protection, Indians--lands, Intergovernmental 
    relations, Radiation protection, Reporting and recordkeeping 
    requirements, Water supply.
    
        Dated: December 31, 1998.
    Carol M. Browner,
    Administrator.
    
        For the reasons set out in the preamble, title 40 of the Code of 
    Federal Regulations is amended as follows:
    
    PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS
    
        1. The authority citation for part 141 continues to read as 
    follows:
    
        Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
    5, 300g-6, 300j-4, and 300j-9.
    
        2. Section 141.40 is amended by adding a sentence to the end of 
    paragraph (l) to read as follows:
    
    
    Sec. 141.40  Special monitoring for inorganic and organic contaminants.
    
    * * * * *
        (1) * * * Systems serving 10,000 or fewer persons are not required 
    to monitor for the contaminants in this section after December 31, 
    1998.
    * * * * *
    [FR Doc. 99-321 Filed 1-7-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
3/9/1999
Published:
01/08/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
99-321
Dates:
The regulation is effective on March 9, 1999 without further notice unless EPA receives adverse comment by February 8, 1999. If EPA receives such comment, it will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. For judicial review purposes, this final rule is promulgated as of 1:00 p.m. EST on January 22, 1999 as provided in 40 CFR 23.7.
Pages:
1494-1498 (5 pages)
Docket Numbers:
FRL-6216-9
PDF File:
99-321.pdf
CFR: (1)
40 CFR 141.40