[Federal Register: March 23, 2001 (Volume 66, Number 57)]
[Rules and Regulations]
[Page 16134-16135]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr01-19]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9, 141 and 142
[WH-FRL-6958-3]
RIN 2040-AB75
National Primary Drinking Water Regulations; Arsenic and
Clarifications to Compliance and New Source Contaminants Monitoring:
Delay of Effective Date
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; delay of effective date.
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SUMMARY: In accordance with the memorandum of January 20, 2001, from
the Assistant to the President and Chief of Staff, entitled
``Regulatory Review Plan,'' published in the Federal Register on
January 24, 2001, this action temporarily delays for 60 days the
effective date of the rule entitled National Primary Drinking Water
Regulations; Arsenic and Clarifications to Compliance and New Source
Contaminants Monitoring, published in the Federal Register on January
22, 2001, 66 FR 6976. That rule establishes a health-based, non-
enforceable Maximum Contaminant Level Goal for arsenic of zero and an
enforceable Maximum Contaminant Level for arsenic of 0.01 mg/L (10 ug/
L) for public water systems. In addition, it clarifies monitoring and
demonstration of compliance for new systems or sources of drinking
water. It also clarifies compliance for State-determined monitoring
after exceedances for inorganic, volatile organic, and synthetic
organic contaminants. Finally, it recognizes the State-specified time
period and sampling frequency for new public water systems and systems
using a new source of water to demonstrate compliance with drinking
water regulations.
DATES: The effective date of the National Primary Drinking Water
Regulations; Arsenic and Clarifications to Compliance and New Source
Contaminants Monitoring, amending 40 CFR Parts 9, 141 and 142,
published in the Federal Register on Monday, January 22, 2001, at 66 FR
6976, is delayed for 60 days, from the originally scheduled effective
date of March 23, 2001, to a new effective date of May 22, 2001, except
for the amendments to Secs. 141.23(i)(1), 141.23(i)(2), 141.24(f)(15),
141.24(h)(11), 141.24(h)(20), 142.16(e), 142.16(j), and 142.16(k) which
are effective January 22, 2004. The amendment to Sec. 141.6 in this
rule is also effective May 22, 2001.
FOR FURTHER INFORMATION CONTACT: For information on today's action,
contact Cynthia Dougherty, Director, Office of Ground Water and
Drinking Water (4601), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460, phone: (202) 260-5543.
SUPPLEMENTARY INFORMATION: To the extent that 5 U.S.C. 553 applies to
this action, it is exempt from notice and comment because it
constitutes a rule of procedure under 5 U.S.C. 553(b)(A).
Alternatively, the Agency's implementation of this action without
opportunity for public comment, effective immediately upon publication
today in the Federal Register, is based on the good cause exceptions in
5 U.S.C. 553(b)(B) and 553(d)(3). Seeking public comment is
impracticable, unnecessary and contrary to the public interest. The
temporary 60-day delay in effective date is necessary to give Agency
officials the opportunity for further review and consideration of new
regulations, consistent with the Assistant to the President's
memorandum of January 20, 2001. Given the imminence of the effective
date, seeking prior public comment on this temporary delay would have
been impractical, as well as contrary to the public interest in the
orderly promulgation and implementation of regulations. The imminence
of the effective date is also good cause for making this rule
immediately effective upon publication.
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 20, 2001.
Christine Todd Whitman,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 141 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.
Subpart A--[Amended]
2. Paragraph (j) of 40 CFR 141.6 as published at 66 FR 7061 on
January 22, 2001, is amended by revising the last sentence to read as
follows:
Sec. 141.6 Effective dates.
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[[Page 16135]]
(j) * * * However, the consumer confidence rule reporting
requirements relating to arsenic listed in Sec. 141.154(b) and (f) are
effective for the purpose of compliance on May 22, 2001.
* * * * *
[FR Doc. 01-7264 Filed 3-22-01; 8:45 am]
BILLING CODE 6560-50-U