Additional Option for Tribal Implementation of the Proposed
National Primary Drinking Water Regulation for Radon-222
[Federal Register: June 23, 2000 (Volume 65, Number 122)]
[Proposed Rules]
[Page 39113-39114]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn00-27]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 141 and 142
[FRL-6721-6]
RIN 2040-AA94
Additional Option for Tribal Implementation of the Proposed
National Primary Drinking Water Regulation for Radon-222
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; availability of supplemental information.
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SUMMARY: On November 2, 1999, EPA published the National Primary
Drinking Water Regulation; Radon-222; Proposed Rule in the Federal
Register (64 FR 59246). The public comment period on this proposal was
open until February 4, 2000. Under the proposal, States can choose to
develop State-wide multimedia mitigation (MMM) programs to reduce radon
in indoor air in addition to drinking water. EPA also proposed the same
opportunity for Indian Tribes by authorizing Tribes to develop MMM
programs where the Tribe first obtained primacy or qualified for
treatment as a State. Subsequently, however, EPA recognized the
difficulties Tribes would experience in obtaining primacy or qualifying
for treatment as a State in time to develop MMM programs and in
actually implementing the MMM programs. As a result, EPA is proposing
an alternative approach that would allow Tribes to work with EPA to
develop MMM programs without obtaining primacy or qualifying for
treatment as a State. This notice describes an additional option in
which EPA would play a direct role in developing the MMM programs in
Indian Country. The goal of the additional option is to provide Tribes
with an opportunity to implement the most cost-effective method to
maximize radon risk reduction.
DATES: EPA must receive public comment, in writing, on the notice of
data availability by August 7, 2000.
ADDRESSES: Send written comments to the Radon-222, W-99-08 Comment
Clerk, Water Docket (MC-4101); U.S. Environmental Protection Agency;
1200 Pennsylvania Avenue, NW, Washington, DC 20460. Comments may be
hand-delivered to the Water Docket, U.S. Environmental Protection
Agency; 401 M Street, SW., East Tower Basement, Washington, DC 20460.
Comments may be submitted electronically to ow-docket@epamail.epa.gov.
Electronic comments must be submitted as an ASCII or WordPerfect 8 file
avoiding the use of special characters and form of encryption.
Please submit copies of all references cited in your comments.
Facsimiles (faxes) cannot be accepted. Send one original and three
copies of your comments and enclosures (including any references).
Commenters who would like EPA to acknowledge receipt of their comments
should include a self-addressed, stamped envelope.
The proposed rule, supporting documentation and public comments on
the proposal are available for inspection at the docket. For
information on how to access docket materials, please call the Water
Docket at (202) 260-3027 between 9 a.m. and 3:30 p.m. Eastern Standard
Time, Monday through Friday.
FOR FURTHER INFORMATION CONTACT: For technical inquiries regarding this
notice contact Nicole Foley, Office of Ground Water and Drinking Water
(mailcode 4606), EPA, 1200 Pennsylvania Avenue NW, Washington, DC,
20460; Phone: (202) 260-0875; E-mail: foley.nicole@epa.gov. For
technical inquiries regarding the proposed regulation contact Mike
Osinski, Office of Ground Water and Drinking Water (mailcode 4607),
EPA, 1200 Pennsylvania Avenue NW, Washington, DC, 20460; Phone: (202)
260-6252; E-mail: osinski.michael@epa.gov. For general information,
contact the Safe Drinking Water Hotline, phone (800) 426-4791. The Safe
Drinking Water Hotline is open Monday through Friday, excluding Federal
holidays, from 9:00 a.m. to 5:30 p.m. Eastern Standard Time.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory and Regulatory Framework
II. Background
III. Additional Option for Tribal Implementation
I. Statutory and Regulatory Framework
Section 1412(b)(13) of the Safe Drinking Water Act (SDWA) directs
EPA to propose and promulgate a maximum contaminant level (MCL) for
radon in drinking water, and also to make available a higher
alternative MCL accompanied by a multimedia mitigation (MMM) program to
address radon risks from indoor air, in addition to drinking water. EPA
is encouraging States to develop State-wide MMM programs as the most
effective and cost efficient way to reduce the risk of radon. Section
1451 of the SDWA authorizes EPA to treat Tribes in the same manner as
States for purposes of meeting provisions of the SDWA. If EPA
determines that treatment in the same manner as a State is
inappropriate or administratively infeasible, EPA may include in its
regulations other means for administering SDWA provisions in a manner
that will achieve the purpose of the provision. In the proposed
regulation (64 FR 59246), EPA wanted to encourage Indian Tribes to
implement MMM programs comparable to State-wide programs, and proposed
that Tribes obtain primacy or qualify for treatment as States for the
limited purpose of the MMM program. EPA now has reason to believe that
requiring Tribes to obtain primacy or qualify for treatment as a State
and to develop MMM programs in the time required may be
administratively infeasible for many Tribes. If these requirements are
retained, Indian Tribes may not be able to achieve the objective of
widespread use of MMM programs in Indian Country. Therefore, EPA is
proposing an additional option for Tribes that don't have time to
obtain primacy or qualify for treatment as a State and develop an MMM
program. Under this option, EPA would play a more active role and
provide greater assistance to interested Indian Tribes in developing
MMM programs. This additional option is discussed in more detail in
Section III.
II. Background
On November 2, 1999, EPA published in the Federal Register the
National Primary Drinking Water Regulations; Radon-222; Proposed Rule
(64 FR 59246). The proposed National Primary Drinking Water Regulation
(NPDWR) for radon in drinking water contains an optional MMM approach
following the framework provided by the SDWA. The MMM approach allows
States to
[[Page 39114]]
develop and implement a State-wide MMM plan to achieve greater radon
risk reduction by addressing radon in indoor air in addition to
drinking water. In States with an EPA-approved MMM plan, community
water systems (CWSs) using ground water (in whole or in part) would be
required to meet the alternative MCL of 4,000 picocuries per liter
(piC/L) for radon in their ground water supplies, instead of the MCL of
300 piC/L. In the absence of a State-wide MMM plan, a CWS using ground
water (in whole or in part) could develop its own State-approved MMM
plan for its service area. If a CWS does not choose the MMM approach,
it would be required to comply with the MCL of 300 piC/L. With respect
to Tribes, the proposed regulation provided the following
implementation options:
(1) A Tribe with Public Water Supply Supervision (PWSS) program
primacy or Treatment in the same manner as a State (TAS) under section
1451 of the SDWA and EPA regulations at 40 CFR 142.72, could develop
and implement an EPA-approved MMM program in Indian country, and the
Tribal CWSs would comply with the 4,000 pCi/L alternative MCL; or
(2) Individual Tribal CWSs could develop a MMM program for their
service area and comply with the alternative MCL. Each CWS would send
their MMM program to EPA for review as provided by section
1412(b)(13)(G)(vi) of the SDWA; or
(3) Individual Tribal CWSs comply with the 300 pCi/L MCL.
III. Additional Option for Tribal Implementation
EPA strongly supports the MMM/alternative MCL option as the most
cost-effective means to achieve the greatest reduction in risk from
radon exposure. The proposed MMM program is based on radon in indoor
air programs that most States have had in place for many years. It is
EPA's expectation that most States will be able to build on their
current programs to meet the requirements of the MMM programs. Most
States have the resources, expertise, and infrastructure to implement a
successful State-wide radon reduction effort. However, only around ten
Tribes received State Indoor Radon Grant Program monies this fiscal
year to address radon in indoor air. Moreover, resources and expertise
to develop a MMM plan vary greatly among Tribal authorities.
Nationwide there are 556 Federally recognized Tribes and only four
have obtained TAS and none have obtained primacy. Therefore, the
proposed rule may not allow the vast majority of Tribal governments to
immediately choose the MMM/alternative MCL option. EPA is concerned
that the time and resources required to apply for PWSS primacy or TAS
could prohibit many Tribes from establishing a MMM program.
Further, infrastructure needs for Tribes are significant, and on
average are greater for Tribal CWSs than for like-sized, non-tribal
CWSs. EPA's 1996 Drinking Water Infrastructure Needs Survey (Needs
Survey) showed that American Indian and Alaska Native water systems
needed $1.3 billion for the 20-year period beginning in January 1995.
The survey did not include radon needs. The Needs Survey data shows the
average 20-year per-household infrastructure need for safe drinking
water for American Indians and Alaska Natives is $6,200 and $43,500,
respectively, compared to $3,300 for State regulated small systems
(serving 25 to 3,300 people). Limiting Tribes' opportunity to choose
the MMM/alternative MCL option will most likely require them to incur
infrastructure costs in order to comply with the MCL and to install
treatment.
For these reasons, EPA is proposing an option that would increase
the number of Tribes able to take advantage of the MMM/alternative MCL
approach. This option would allow Tribes to implement an MMM program
without obtaining primacy or qualifying for treatment as a State. Under
this option, EPA would provide direct assistance to Tribes interested
in developing and implementing a MMM program. As part of this
additional approach, EPA would develop national guidance suggesting
ideas for a Tribal MMM program, identifying available partnership
activities with other Federal agencies that provide support to Tribes,
and addressing reporting. In collaboration with the Tribes in each EPA
Region (i.e., individual Tribes and/or Tribal coalitions), EPA could
tailor the national guidance and develop Tribal MMM programs for the
Tribe(s). Under this approach, the Tribes agreeing to the MMM program
would be responsible for implementing it, but this would not preclude
EPA from providing technical assistance. EPA believes that the
additional option presented in today's notice recognizes the
differences between a State and a Tribe, and allows the flexibility
needed to respect these differences in designing Tribal MMM programs.
The additional option described today does not provide any additional
funding, but EPA would provide guidance to identify what funding could
be available to assist the Tribes.
If a Tribe or Tribal coalition chooses to implement the Tribal MMM
program, then all Tribal CWSs within their jurisdiction would have to
comply with the alternative MCL of 4,000 piC/L instead of the MCL of
300 piC/L. If a Tribe has no interest in participating in the MMM
program, then the Tribal CWSs within their jurisdiction could choose to
develop an EPA-approved local MMM plan for their service area and
comply with the alternative MCL or to comply with the MCL.
As is the case with State-wide MMM programs, EPA would grant the
statutory 18 month extension on the effective date of the rule for the
Tribes that elect to participate in the MMM within 90-days of
promulgation of the rule.
In summary, EPA is proposing to provide another option to ease the
resource demand on Tribes that desire to choose the MMM/alternative MCL
approach to reduce the overall risk from radon by reducing radon levels
in indoor air, as well as drinking water. The additional implementation
option described in this notice would allow Tribes the opportunity to
consider the MMM/alternative MCL option under the rule without the
added responsibility of obtaining PWSS primacy or qualifying for
treatment as a State. EPA would provide technical assistance during the
preliminary stages of planning and developing a MMM program to ease the
burden for those Tribes interested in developing a MMM program. The
planning efforts and Tribal implementation would be assisted by
national guidance. This option would not increase the costs of
implementing the radon rule and would be expected to result in
increased risk reduction at a lower cost compared to complying with the
MCL of 300 piC/L. EPA requests comment on this proposed additional
approach for Tribes to develop and implement a MMM program.
Dated: June 16, 2000.
Dana D. Minerva,
Acting Assistant Administrator, Office of Water.
[FR Doc. 00-15913 Filed 6-22-00; 8:45 am]
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