National Primary Drinking Water Regulation: Consumer Confidence Reports; Correction

[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

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``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
------------------------------------------------------------------------
 
*                  *                  *                  *
         *                  *                  *
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