Removal of the
Maximum Contaminant Level Goal for Chloroform From the National Primary
Drinking Water Regulations
[Federal Register: May 30, 2000 (Volume 65, Number 104)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 141
Removal of the Maximum Contaminant Level Goal for Chloroform From
the National Primary Drinking Water Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is removing the zero MCLG for chloroform from its National
Primary Drinking Water Regulations (NPDWRs) in accordance with a recent
order of the U.S. Court of Appeals for the District of Columbia
DATES: The effective date of this rule is May 30, 2000.
ADDRESSES: The public docket for this and earlier rulemakings
concerning the NPDWRs for disinfectants and disinfection byproducts (D/
DBPs), including the proposal, public comments in response to the
proposal, other major supporting documents, and the index to the docket
are available in the Water Docket, U.S. Environmental Protection
Agency, 401 M Street SW, East Tower Basement, Washington, DC 20460. For
information on how to access docket materials, please call the docket
at (202) 2603027 between 9 a.m. and 3:30 p.m. Eastern Standard Time,
Monday through Friday.
FOR FURTHER INFORMATION CONTACT: For technical inquiries, contact
Jennifer McLain at the U.S. Environmental Protection Agency, Office of
Ground Water and Drinking Water (MC 4607), 1200 Pennsylvania Avenue NW,
Washington, DC 20460; telephone (202) 2600431. For general questions,
please contact the Safe Drinking Water Hotline, (800) 4264791, Monday
through Friday from 9 a.m. to 5:30 Eastern Standard Time.
In December, 1998 EPA promulgated National Primary Drinking Water
Regulations (NPDWRs) for disinfectants and disinfection byproducts (D/
that included a Maximum Contaminant Level Goal (MCLG) of zero for
chloroform, a disinfectant byproduct. The MCLG was challenged by the
Chlorine Chemistry Council and Chemical Manufacturers Association, and
the U.S. Court of Appeals for the District of Columbia Circuit found
that EPA had not used the best available, peer-reviewed science to set
the MCLG as required by the Safe Drinking Water Act. In Chlorine
Chemistry Council and Chemical Manufacturers Association v. EPA, (No.
981627) filed on March 31, 2000, the Court issued an order vacating the
zero MCLG. Today EPA is removing the MCLG for chloroform from its
NPDWRs to ensure that the regulations conform to the Court's order. No
other provision of the D/DBP regulations is affected.
B. Good Cause Under the Administrative Procedure Act
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, the 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 today's action is
ministerial, to ensure the Code of Federal Regulations conforms to the
Court's order. Thus, notice and public comment are unnecessary. EPA
finds that this constitutes good cause under 5 U.S.C. 553(b)(B). For
this same reason, EPA has also determined that it has good cause under
5 U.S.C. 553(d) to make the rule effective upon publication.
C. 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. Because the
agency has made a good cause finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedure Act
or any other statute (see section B), it is not subject to the
regulatory flexibility provisions of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995 (UMRA) (Public Law 1044). In addition, this
action does not significantly or uniquely affect small governments or
impose a significant intergovernmental mandate, as described in
sections 203 and 204 of UMRA. This rule also does not significantly or
uniquely affect the communities of tribal governments, as specified by
Executive Order 13084 (63 FR 27655, May 10 1998). This rule 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 (64 FR 43255, August 10, 1999).
This rule also is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant.
This rule does not impose technical standards; thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule
also does not involve special consideration of environmental justice
related issues as required by Executive Order 12898 (59 FR 7629,
February 16, 1994). This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). EPA's compliance with these statutes and
Executive Orders for the underlying rule is discussed in 63 FR 69390
(Dec. 16, 1998).
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 rule effective sooner than otherwise provided by the CRA if the
Agency makes a good cause finding that notice and public procedure is
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
May 30, 2000. 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, Drinking water, Public utilities.
Dated: May 18, 2000.
Carol M. Browner,
For the reasons set out in the preamble, Title 40, Chapter I of the
Code of Federal Regulations is amended as follows:
PART 141NATIONAL PRIMARY DRINKING WATER REGULATIONS
1. The authority citation for Part 141 continues to read as
Authority: 42 U.S.C. 300f, 300g1, 300g2, 300g3, 300g4,
300g5,300g6, 300j4, 300j9, 300j11.
2. Section 141.53 is amended by removing the entry for chloroform.
[FR Doc. 0013202 Filed 52600; 8:45 am]
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