[Federal Register Volume 65, Number 122 (Friday, June 23, 2000)]
[Proposed Rules]
[Pages 39113-39114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15913]


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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 <a href="/cdn-cgi/l/email-protection#721d055f161d11191706321702131f131b1e5c1702135c151d04"><span class="__cf_email__" data-cfemail="046b7329606b676f61704461746569656d682a6174652a636b72">[email protected]</span></a>. 
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: <a href="/cdn-cgi/l/email-protection#55333a39302c7b3b3c363a3930153025347b323a23"><span class="__cf_email__" data-cfemail="5c3a333039257232353f3330391c392c3d723b332a">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#a1ced2c8cfd2cac88fccc8c2c9c0c4cde1c4d1c08fc6ced7"><span class="__cf_email__" data-cfemail="80eff3e9eef3ebe9aeede9e3e8e1e5ecc0e5f0e1aee7eff6">[email protected]</span></a>. 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]
BILLING CODE 6560-50-P


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