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Unregulated Contaminant
Monitoring Regulation
for Public Water Systems; Establishment
of Reporting Date
Related Material
[Federal Register: March 12, 2002 (Volume 67, Number 48)]
[Rules and Regulations]
[Page 11043-11046]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr02-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 141
[FRL-7157-3]
Unregulated Contaminant Monitoring Regulation for Public Water
Systems; Establishment of Reporting Date
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: Today's direct final rule establishes August 9, 2002, as a
new, later date by which large water systems serving more than 10,000
persons must report all contaminant monitoring results they receive
before May 13, 2002, for the Unregulated Contaminant Monitoring
Regulation (UCMR) monitoring program. Monitoring results received on or
after May 13, 2002, must be reported within thirty days following the
month in which laboratory results are received, as specified in the
current regulation for this program.
DATES: This rule is effective May 13, 2002, without further notice,
unless EPA receives adverse comment by April 11, 2002. If we receive
such comment, we will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect. For
judicial review purposes, this final rule is promulgated as of 1:00
p.m. EST on May 13, 2002, as provided in 40 CFR 23.7.
ADDRESSES: Please send an original and three copies of your comments
and enclosures (including references) to docket number W-00-01-IV,
Comment Clerk, Water Docket (MC4101), USEPA, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460. Due to uncertainty of mail delivery in the
Washington, DC area, in order to ensure that your comments are
received, please also send a separate copy of your comments to Greg
Carroll, USEPA, 26 West Martin Luther King Drive, MC-140, Cincinnati,
Ohio 45268. Hand deliveries should be delivered to EPA's Water Docket
at 401 M. St., SW., Room EB57, Washington, DC. Commenters who want EPA
to acknowledge receipt of their comments should enclose a self-
addressed, stamped envelope. No facsimiles (faxes) will be accepted.
Comments may also be submitted electronically to ow-
docket@epamail.epa.gov. Electronic comments must be submitted as a Word
Perfect (WP) WP5.1, WP6.1 or WP8 file or as an ASCII file, avoiding the
use of special characters and forms of encryption. Electronic comments
must be identified by the docket number W-00-01-IV. Comments and data
will also be accepted on disks in WP 5.1, 6.1, 8 or ASCII file format.
Electronic comments on this rule may be filed online at many Federal
Depository Libraries.
The record for this rulemaking has been established under docket
number W-00-01-IV and includes supporting documentation as well as
printed, paper versions of electronic comments. The record is available
for inspection from 9 to 4 p.m., Monday through Friday, excluding legal
holidays, at the Water Docket, EB 57, USEPA Headquarters, 401 M St.,
SW., Washington, DC. For access to docket materials, please call 202/
260-3027 to schedule an appointment.
FOR FURTHER INFORMATION CONTACT: Jeffrey Bryan (202) 564-3942, Drinking
Water Protection Division, Office of Ground Water and Drinking Water
(MC-4606-M), U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington DC 20460. General information about UCMR may be
obtained from the EPA Safe Drinking Water Hotline at (800) 426-4791.
The Hotline operates Monday through Friday, excluding Federal holidays,
from 9 a.m. to 5:30 p.m. ET.
SUPPLEMENTARY INFORMATION:
Potentially Regulated Entities
The regulated entities are public water systems. All large
community and non-transient non-community water systems serving more
than 10,000 persons are required to monitor and report under the UCMR.
A community water system (CWS) means a public water system which serves
at least 15 service connections used by year-round residents or
regularly serves at least 25 year-round residents. Non-transient non-
community water system (NTNCWS) means a public water system that is not
a community water system and that regularly serves at least 25 of the
same persons over 6 months per year. This rule does not apply to
systems serving 10,000 or fewer persons that were randomly selected to
participate in the unregulated contaminant monitoring program, since
EPA arranges for testing and reporting for those systems. States,
Territories, and Tribes, with primacy to administer the regulatory
program for public water systems under the Safe Drinking Water Act,
sometimes conduct analyses to measure for contaminants in water samples
and are regulated by this action. Categories and entities potentially
regulated by this action include the following:
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Category Examples of potentially regulated entities NAICS
----------------------------------------------------------------------------------------------------------------
State, Territorial and Tribal States, Territories, and Tribes that analyze water samples on 924110
Governments. behalf of public water systems required to conduct such
analysis; States, Territories, and Tribes that themselves
operate community and non-transient non-community water
systems required to monitor.
Industry........................... Private operators of community and non-transient non-community 221310
water systems required to monitor.
Municipalities..................... Municipal operators of community and non-transient non- 924110
community water systems required to monitor.
----------------------------------------------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware of
that could potentially be 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.
I. Statutory Authority
SDWA section 1445 (a)(2), as amended in 1996, requires EPA to
establish criteria for a program to monitor unregulated contaminants
and to issue, by August 6, 1999, a list of contaminants to be
monitored. In fulfillment of this requirement, EPA published Revisions
to the UCMR for public water systems on September 17, 1999 (66 FR
46221), March 2, 2000 (65 FR 11372), and January 11, 2001 (66 FR 2273),
which included lists of contaminants for which monitoring was required
or would be required in the future. On September 4, 2001 (56 FR
[[Page 11044]]
46221), EPA published a rule delaying requirements for reporting of
unregulated contaminant monitoring results until its electronic
reporting system was ready to accept data. This rule provides the new
reporting deadline.
II. Background
Today's action establishes August 9, 2002, as a new, later date by
which all unregulated contaminant monitoring results received before
May 13, 2002, must be reported to EPA. All monitoring results received
on or after May 13, 2002, must be reported within thirty days following
the month in which laboratory results are received, as currently
specified in 40 CFR 141.35. Today's rule to establish the reporting
date will not result in a major burden or impact on any affected party.
Prior dates had been established in previous rules promulgated on
September 17, 1999 (64 FR 50556), and January 11, 2001 (66 FR 2273),
but changed because the EPA database was not ready to receive the data.
The reporting date was delayed by rule on September 4, 2001 (66 FR
46221), to allow the initial version of the database to be completed
and tested before operation. The database has now been in operation
since October 1, 2001, and has been receiving data from water systems.
Data resulting from unregulated contaminant monitoring and sample
analysis received before May 13, 2002, must be reported by August 9,
2002. The establishment of this reporting date only affects community
and non-transient non-community water systems serving more than 10,000
persons which are required to monitor for unregulated contaminants and
report monitoring data to EPA.
III. Costs and Benefits of the Rule
Today's amendment to the UCMR does not require any additional costs
that were not already considered in previous rulemakings related to
this action. The only reason that the reporting date is being
established in this rule at this time is that the previously
established dates could not be implemented because the EPA database was
not ready to receive the data. Through the public comment on the
January 11, 2001 rulemaking for this program, commenters indicated that
EPA should not require reporting of unregulated contaminant monitoring
results until the database was ready. That database is now ready and
has been receiving such data as of October 1, 2001.
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 Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(a) 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;
(b) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(c) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(d) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866.
B. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. This rule is
not subject to E.O. 13045 because it is not ``economically
significant'' under EO 12866; nor does it concern an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children.
C. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including Tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or Tribal
governments or the private sector. The rule imposes no additional
enforceable duty on any State, local or Tribal governments or the
private sector. This rule does not change the costs to State, local, or
Tribal governments as estimated in the final revisions to the
Unregulated Contaminant Monitoring Rule (64 FR 50556, September 17,
1999; 65 FR 11372, March 2, 2000; and 66 FR 2273, January 11, 2001).
This rule merely establishes a new, later date by which unregulated
contaminant monitoring results received by large systems serving more
than 10,000 persons before May 13, 2002, must be reported. Thus,
today's rule is not subject to the requirements of sections 202 and 205
of the UMRA.
[[Page 11045]]
EPA has determined that this final rule contains no regulatory
requirements that might significantly or uniquely affect small
governments because this rule does not apply to small systems (i.e.,
systems serving a population of 10,000 or less), including those owned
and operated by small governments. Thus today's rule is not subject to
the requirements of section 203 of UMRA.
D. Paperwork Reduction Act
This action does not impose any new information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501
et.seq. This rule makes a minor revision to the Unregulated Contaminant
Monitoring Rule to establish a new, later reporting deadline. 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 are listed in 40 CFR part 9 and 48 CFR chapter 15.
E. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601
et.seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to the notice-and-comment
rulemaking requirement under the Administrative Procedure Act or any
other statute unless the Agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
government jurisdictions.
The RFA provides default definitions for each type of small entity.
It also authorizes an agency to use alternative definitions for each
category of small entity, ``which are appropriate to the activities for
the agency'' after proposing the alternative definition(s) in the
Federal Register and taking comment. 5 U.S.C. secs. 601(3)--(5). In
addition to the above, to establish an alternative small business
definition, agencies must consult with the Small Business
Administration's (SBA's) Chief Counsel for Advocacy.
For purposes of assessing the impacts of today's rule on small
entities, EPA considered small entities to be public water systems
serving 10,000 or fewer persons. This is the cut-off level specified by
Congress in the 1996 Amendments to the Safe Drinking Water Act for
small system flexibility provisions. In accordance with the RFA
requirements, EPA proposed using this alternative definition for all
three categories of small entities in the Federal Register, (63 FR
7620, February 13, 1998) requested public comment, consulted with SBA
regarding the alternative definition as it relates to small businesses,
and expressed its intention to use the alternative definition for all
future drinking water regulations in the Consumer Confidence Reports
regulation (63 FR 44511, August 19, 1998). As stated in that final
rule, the alternative definition would be applied to this regulation as
well.
After considering the economic impacts of today's rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This rule
makes a minor revision to the UCMR and imposes no additional
enforceable duty on any State, local or Tribal governments or the
private sector. It merely establishes a new, later date by which
unregulated contaminant monitoring results received by large systems
serving more than 10,000 persons before May 13, 2002, must be reported.
F. National Technology Transfer and Advancement Act
Section 12 (d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 Section 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., material specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
EPA's use of voluntary consensus standards in the UCMR program and
approval of Method 515.4 were addressed in the September 1999 and
January 2001 rulemakings (64 FR 50608 and 66 FR 2298). This action does
not involve technical standards. Therefore, EPA did not consider the
use of any voluntary consensus standards.
G. Executive Order 12898--Environmental Justice Strategy
Executive Order 12898 establishes a Federal policy for
incorporating environmental justice into Federal agency missions by
directing agencies to identify and address disproportionately high and
adverse human health or environmental effects of its programs,
policies, and activities on minority and low-income populations.
Today's rule makes a minor change to the UCMR, and does not alter the
regulatory impact of those regulations.
H. Executive Order 13132--Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Today's rule merely makes a minor
change to the UCMR, establishing a new, later date by which unregulated
contaminant monitoring results received by large systems serving more
than 10,000 persons before May 13, 2002, must be reported. The rule
imposes no cost on State and local governments, and does not preempt
State law. Thus, Executive Order 13132 does not apply to this rule.
I. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with
[[Page 11046]]
Indian Tribal Governments'' (65 FR 67249, November 6, 2000), requires
EPA to develop an accountable process to ensure ``meaningful and timely
input by Tribal officials in the development of regulatory policies
that have Tribal implications.'' ``Policies that have Tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This rule does not have Tribal implications. It will not have
substantial direct effects on Tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Today's rule merely makes a minor change to the UCMR establishing a
new, later date by which unregulated contaminant monitoring results
received by large systems serving more than 10,000 persons before May
13, 2002, must be reported. The rule imposes no cost on Tribal
governments and does not pre-empt Tribal law. Thus, Executive Order
13175 does not apply to this rule.
J. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)), provides that agencies shall prepare and submit to the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, a Statement of Energy Effects for
certain actions identified as ``significant energy actions.'' Section
4(b) of Executive Order 13211 defines ``significant energy actions'' as
``any action by an agency (normally published in the Federal Register)
that promulgates or is expected to lead to the promulgation of a final
rule or regulation, including notices of inquiry, advance notices of
proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is
a significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse
effect on the supply, distribution, or use of energy; or (2) that is
designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action.''
This rule is not subject to Executive Order 13211 because it is not
a significant regulatory action under Executive Order 12866.
K. Administrative Procedure Act
EPA is publishing this rule without prior proposal because it views
this as a noncontroversial amendment and anticipates no adverse
comment. EPA does not anticipate adverse comment because this rule
merely establishes a new, later reporting deadline for UCMR data
collected before May 13, 2002. However, in the ``Proposed Rule''
section of today's Federal Register publication, EPA is publishing a
separate document that will serve as the proposal for this rule if
adverse comments are filed. This rule will be effective on May 13,
2002, without further notice unless EPA receives adverse comment by
April 11, 2002. 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 companion proposed rule published
elsewhere in today's Federal Register. EPA will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time.
L. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on May 13, 2002.
List of Subjects in 40 CFR Part 141
Environmental protection, Chemicals, Indian lands,
Intergovernmental relations, Radiation protection, Reporting and
recordkeeping requirements, Water supply.
Dated: March 7, 2002.
Christine Todd Whitman,
Administrator.
For the reasons set out in the preamble, title 40, chapter 1 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, 300j-9, and 300j-11.
2. Section 141.35 is amended by revising the last sentence of
paragraph (c) to read as follows:
Sec. 141.35 Reporting of unregulated contaminant monitoring results.
* * * * *
(c) * * * Exception: Reporting to EPA of monitoring results
received by public water systems prior to May 13, 2002, must occur by
August 9, 2002.
* * * * *
[FR Doc. 02-6016 Filed 3-11-02; 8:45 am]
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