ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9, 141 and 142
[WH-FRL-6958-3]
RIN 2040-AB75
National Primary Drinking Water Regulations; Arsenic and Clarificationsto Compliance and New Source Contaminants Monitoring: Delay of EffectiveDate
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, fromthe Assistant to the President and Chief of Staff, entitled ``RegulatoryReview Plan,'' published in the Federal Register on January 24, 2001, thisaction temporarily delays for 60 days the effective date of the rule entitledNational Primary Drinking Water Regulations; Arsenic and Clarificationsto Compliance and New Source Contaminants Monitoring, published in the FederalRegister on January 22, 2001, 66 FR 6976. That rule establishes a health-based,non-enforceable Maximum Contaminant Level Goal for arsenic of zero and anenforceable Maximum Contaminant Level for arsenic of 0.01 mg/L (10 µg/L)for public water systems. In addition, it clarifies monitoring and demonstrationof compliance for new systems or sources of drinking water. It also clarifiescompliance 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 watersystems and systems using a new source of water to demonstrate compliancewith 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 Registeron 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 effectivedate 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 thisrule is also effective May 22, 2001.
FOR FURTHER INFORMATION CONTACT: For information on today's action, contactCynthia 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 constitutesa rule of procedure under 5 U.S.C. 553(b)(A). Alternatively, the Agency'simplementation of this action without opportunity for public comment, effectiveimmediately upon publication today in the Federal Register, is based onthe good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Seeking publiccomment is impracticable, unnecessary and contrary to the public interest.The temporary 60-day delay in effective date is necessary to give Agencyofficials 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 commenton this temporary delay would have been impractical, as well as contraryto the public interest in the orderly promulgation and implementation ofregulations. The imminence of the effective date is also good cause formaking this rule immediately effective upon publication.
List of Subjects in 40 CFR Part 141
Environmental protection, Chemicals, Indian lands, Intergovernmentalrelations, 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 ProtectionAgency 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 January22, 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 requirementsrelating to arsenic listed in Sec. 141.154(b) and (f) are effective forthe purpose of compliance on May 22, 2001.
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[FR Doc. 01-7264 Filed 3-22-01; 8:45 am]