[Federal Register Volume 64, Number 177 (Tuesday, September 14, 1999)]
[Rules and Regulations]
[Pages 49671-49673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23918]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 141
[FRL-6437-6]
National Primary Drinking Water Regulation: Consumer Confidence
Reports; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: EPA published in the Federal Register of August 19, 1998, a
final rule setting out the requirements for annual drinking water
quality reports that water suppliers must provide to their customers.
An appendix to that rule mistakenly referred to ``leaching from PVC
pipes'' as a major source of tetrachloroethylene in drinking water.
This rule deletes that incorrect reference. The correction has no
impact on water systems that have already produced their reports.
DATES: Effective on September 14, 1999.
FOR FURTHER INFORMATION CONTACT: Rob Allison: 202-260-9836 or
allison.rob@epa.gov.
SUPPLEMENTARY INFORMATION: In the August 19, 1998 Federal Register (63
FR 44511), EPA published the Consumer Confidence Report Rule. Appendix
B to subpart O of that rule (63 FR 44533) lists
[[Page 49672]]
``leaching from PVC pipes'' as a major source of tetrachloroethylene in
drinking water. EPA mistakenly included that listing although in fact
leaching from PVC pipes is not a source of tetrachloroethylene in
drinking water. This rule deletes that part of the entry, so that the
amended Appendix lists only ``Discharge from factories and dry
cleaners'' as a major source of tetrachloroethylene in drinking water
supplies.
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, an agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because EPA merely is correcting a
minor error in the promulgated rule. Thus, notice and public comment
procedure are unnecessary. The Agency finds that this constitutes good
cause under 5 U.S.C. 553(b)(B). Moreover, since today's action does not
create any new regulatory requirements and affected parties have known
of the underlying rule since August 19, 1998, EPA finds that good cause
exists to provide for an immediate effective date pursuant to 5 U.S.C.
553(d)(3) and 808(2).
Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty, contain any unfunded
mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). This rule also does not require prior consultation
with State, local, and tribal government officials as specified by
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive
Order 13084 (63 FR 27655, May 10, 1998), or involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994).
Because this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute, it is not subject to the regulatory flexibility provisions of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule also
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997)
because it is not economically significant as defined under E.O. 12866.
Further, EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This rule is not subject to E.O. 13045
because it does not establish an environmental standard intended to
mitigate health or safety risks. This rule is not subject to the
National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-
113) because it does not involve any technical standards. EPA's
compliance with these statutes and Executive Orders for the underlying
rule is discussed in the August 19, 1998 Federal Register notice.
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. Section 808 allows the issuing agency to make a good
cause finding that notice and public procedure are impracticable,
unnecessary, or contrary to the public interest. This determination
must be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefor, and established an effective date of September 14,
1999. 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. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 141
Environmental protection, Chemicals, Water supply.
Dated: September 7, 1999.
J. Charles Fox,
Assistant Administrator, Office of Water.
For the reasons set out in the preamble, 40 CFR part 141 is 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.
2. Appendix B to Subpart O is amended by revising entry 68 to read
as follows:
Appendix B to Subpart O-Regulated Contaminants
* * * * *
------------------------------------------------------------------------
Major sources in
Contaminant (units) MCLG MCL drinking water
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* * * *
* * *
68. Tetrachloroethylene (ppb).... 0 5 Discharge from
factories and dry
cleaners.
* * * *
* * *
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[[Page 49673]]
[FR Doc. 99-23918 Filed 9-13-99; 8:45 am]
BILLING CODE 6560-50-P
