38850 Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 

recordkeeping requirements, Volatile 

organic compounds.

Dated: May 27, 2004. 

James W. Newsom, 

Acting Regional Administrator, Region III.

■ 40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart V—Maryland

■ 2. Section 52.1070 is amended by 

adding paragraph (c)(184) to read as 

follows:

§ 52.1070 Identification of plan.

* * * * *

(c) * * *

(184) Revisions to the Code of 

Maryland Administrative Regulations 

(COMAR) for the Control of VOC 

Emissions from Portable Fuel 

Containers submitted on March 8, 2002 

by the Maryland Department of the 

Environment: 

(i) Incorporation by reference. 

(A) Letter of March 8, 2002 from the 

Maryland Department of the 

Environment transmitting an addition to 

Maryland’s State Implementation Plan 

pertaining to the control of volatile 

organic compounds (VOC) emissions 

from portable fuel containers. 

(B) Addition of new regulation .07 

under COMAR 26.11.13—Control of 

VOC Emissions from Portable Fuel 

Containers, adopted by the Secretary of 

the Environment on December 21, 2001, 

and effective on January 21, 2002. 

(ii) Additional Material.—Remainder 

of the State submittal pertaining to the 

revisions listed in paragraph (c)(184)(i) 

of this section.

[FR Doc. 04–14602 Filed 6–28–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 141 and 142

[OW–2003–0066; FRL–7779–4] 

RIN 2040–AE58

National Primary Drinking Water 

Regulations: Minor Corrections and 

Clarification to Drinking Water 

Regulations; National Primary Drinking 

Water Regulations for Lead and 

Copper

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule makes minor 

changes to clarify and correct EPA’s 

Drinking Water regulations. This rule 

clarifies typographical errors, 

inadvertent omissions, editorial errors, 

and outdated language in the final Long 

Term 1 Enhanced Surface Water 

Treatment Rule (LT1ESWTR), the 

Surface Water Treatment Rule, and 

other rules. In addition to these 

clarifications, EPA is adding optional 

monitoring for disinfection profiling 

and an earlier compliance date for some 

requirements in the LT1ESWTR, and a 

detection limit for the Uranium 

Methods. 

Also, EPA is reinstating text that was 

inadvertently dropped from the Lead 

and Copper Rule which listed the 

facilities that must be sent public 

education brochures by a public water 

system that has exceeded the action 

level for lead or copper.

DATES: This final rule is effective on July 

29, 2004, except for the amendment to 

§ 141.85(c)(2)(iii) which is effective June 

29, 2004. For purposes of judicial 

review, this final rule is promulgated as 

of 1 p.m., eastern time on July 13, 2004, 

as provided in 40 CFR 23.7.

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. OW–2003–0066. All documents in 

the docket are listed in the EDOCKET 

index at http://www.epa.gov/edocket.

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

EDOCKET or in hard copy at the Water 

Docket, EPA/DC, EPA West, Room 

B102, 1301 Constitution Avenue, NW., 

Washington DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Water Docket is (202) 566–2426. If 

you would like to schedule an 

appointment for access to docket 

material, please call (202) 566–2426.

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the Safe 

Drinking Water Hotline, telephone (800) 

426–4791. The Safe Drinking Water 

Hotline is open Monday through Friday, 

excluding legal holidays, from 9 a.m. to 

5:30 p.m., eastern time. For technical 

inquiries, contact Tracy Bone, Office of 

Ground Water and Drinking Water, U. S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone: (202) 564–5257; 

fax: (202) 564–3767; e-mail address: 

bone.tracy@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information 

Entities potentially regulated by this 

action are public water systems (PWS). 

The following table provides examples 

of the regulated entities under this rule. 

A public water system, as defined by 

section 1401 of the Safe Drinking Water 

Act (SDWA), is ‘‘a system for the 

provision to the public of water for 

human consumption through pipes or 

other constructed conveyances, if such 

system has at least fifteen service 

connections or regularly serves at least 

twenty-five individuals.’’ EPA defines 

‘‘regularly served’’ as receiving water 

from the system 60 or more days per 

year. Categories and entities potentially 

regulated by this action include the 

following:

Category Examples of potentially regulated entities 

State, Tribal and Local Government ................... State, tribal or local government-owned/operated water supply systems using ground water, 

surface water or mixed ground water and surface water. 

Federal Government ........................................... Federally owned/operated community water supply systems using ground water, surface water 

or mixed ground water and surface water. 

Industry ................................................................ Privately owned/operated community water supply systems using ground water, surface water 

or mixed ground water and surface water. 

Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 38851

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. To determine whether your 

facility is regulated by this action, you 

should carefully examine the 

applicability criteria in §§ 141.2 and 

141.3 of title 40 of the Code of Federal 

Regulations. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

II. Changes and Clarifications 

EPA is promulgating today, all of the 

changes and clarifications proposed on 

March 2, 2004 (69 FR 9781), with the 

exception of two proposed clarifications 

discussed in section F concerning 

calibration of turbiditimeters. Each 

clarification and change promulgated 

today is discussed under the heading of 

the drinking water rule that it amends 

(e.g., LT1ESWTR). EPA is also 

promulgating today an additional 

clarification, which was not in the 

March 2, 2004, Minor Corrections and 

Clarification to Drinking Water 

Regulations proposal. This clarification 

is discussed in section III. 

In addition to clarifications of 

typographical and editorial errors, EPA 

is revising the LT1ESWTR to add 

optional monitoring for disinfection 

profiling and an earlier compliance date 

for some requirements in that rule. EPA 

is also promulgating a detection limit 

for the uranium methods. These three 

changes are discussed first. 

A. LT1ESWTR Compliance Date Change 

and Optional Monitoring for 

Disinfection Profiling 

The final LT1ESWTR was published 

on January 14, 2002 (67 FR 1812). In 

§ 141.502 of the LT1ESWTR, EPA 

directed PWSs to ‘‘comply with these 

requirements in this subpart beginning 

January 14, 2005, except where 

otherwise noted.’’ Today’s rule changes 

the compliance date from January 14, 

2005, to January 1, 2005, in § 141.502 as 

well as in endnote 8 of Subpart Q, 

Appendix B. EPA’s reasons for moving 

the compliance date forward by two 

weeks are set forth in the preamble to 

the proposed rule at 69 FR 9782. 

EPA is also changing the compliance 

date in two additional sections, 

§§ 141.73(a)(4) and 141.170(d), which 

reference the January 14, 2005, date. 

These two citations should have been 

included in the March 2, 2004, 

proposal. 

By changing § 141.502, the following 

12 requirements will have a compliance 

deadline of January 1, 2005, instead of 

January 14, 2005: §§ 141.520, 141.521, 

141.522, 141.550, 141.551, 141.552, 

141.553, 141.560, 141.561, 141.562, 

141.563, and 141.564. July 1, 2003 (or 

January 1, 2004, for systems serving 

fewer than 500 persons), remains the 

compliance date for §§ 141.530–

141.536. March 15, 2002, remains the 

compliance date for § 141.511.

In addition to changing the 

compliance date, EPA is adding a 

sentence to § 141.531 to clarify that 

States may approve a more 

representative total trihalomethanes 

(TTHM) and haloacetic acids (five) 

(HAA5) data set (optional monitoring) to 

avoid the disinfection profile 

monitoring required in § 141.530. EPA’s 

intent was to allow this flexibility in the 

final LT1ESWTR rule (67 FR 1820, 

January 14, 2002). EPA had failed to 

make this flexibility explicit in that 

regulation. 

B. Detection Limit for Compliance 

Monitoring of Uranium 

The December 7, 2000, final 

Radionuclides Rule (65 FR 76708) 

included a detection limit for gross 

alpha, radium-226 and radium-228, and 

reserved a place for a uranium detection 

limit in Table B at § 141.25(c)(1). In 

today’s action, EPA is amending Table 

B at § 141.25(c)(1) to add a detection 

limit of 1 μg/L for uranium. Establishing 

a uranium detection limit permits States 

the flexibility to substantially reduce the 

number of compliance samples and the 

frequency of repeat monitoring for 

uranium. 

C. Radionuclide Rule Clarifications 

In addition to amending the detection 

limit for uranium, EPA is making two 

clarifications to the final Radionuclide 

Rule (December 7, 2000, 65 FR 76708). 

In § 141.26(b)(2)(iv), EPA is adding 

‘‘screening level’’ to the first sentence. 

(Note also, that the second ‘‘beta’’ in this 

sentence is a typographical error, and 

under today’s rule is being removed.) 

Similarly, EPA is clarifying in 

§ 141.26(b)(5), that there are two 

screening levels by adding the word 

‘‘appropriate’’ to the first sentence so 

that it reads ‘‘* * * exceeds the 

appropriate screening level * * *.’’ In 

addition, in the text that proposed to 

revise § 141.26(b)(5), we inadvertently 

referenced a nonexistent Table E, ‘‘or 

Table E in 141.66(d)’’—this reference is 

deleted in this final rule. 

In § 141.26(b)(6), EPA is revising the 

citation ‘‘(b)(1)(ii)’’ to read ‘‘(b)(1)(i),’’

and is revising citation ‘‘(b)(2)(i)’’ to 

read ‘‘(b)(2)(iv).’’ These were 

typographical errors and should have 

been (b)(1)(i) and (b)(2)(iv), which refer 

to meeting the screening level 

requirements until the system meets the 

requirements for reduced monitoring. 

D. LT1ESWTR Clarifications 

In addition to changing the date in 

§ 141.502 to reduce monitoring burden 

as well as to allow States to approve 

alternative data sets for optional 

monitoring in § 141.531, EPA is 

clarifying typographical errors in the 

final LT1ESWTR. In Subpart Q 

Appendix B, in endnotes 4 and 8, the 

year of publication for the Long Term 1 

Enhanced Surface Water Treatment Rule 

is incorrectly identified as 2001 when it 

should be 2002. Also in endnote 4, the 

word ‘‘monthly’’ is misspelled. In 

§ 141.530 EPA is removing the 

grammatically incorrect, plural ‘‘s’’ from 

‘‘systems’’ in the sentence ‘‘If you are a 

subpart H community or non-transient 

non-community water systems which 

serves fewer * * *’’. 

Two typographical errors are being 

corrected in § 141.534. In the 

introductory paragraph for § 141.534, 

EPA inadvertently omitted a reference 

to § 141.74(b)(3)(v), which provides 

tables for determining the appropriate 

CT99.9 value to calculate the 

inactivation ratio. EPA is changing the 

introductory paragraph of § 141.534 to: 

‘‘Use the tables in § 141.74(b)(3)(v) to 

determine the appropriate CT99.9 value. 

Calculate the total inactivation ratio as 

follows, and multiply the value by 3.0 

to determine log inactivation of Giardia 

lamblia:’’

In the table in § 141.534(a)(2), EPA is 

changing the ‘‘3’’ to ‘‘S’’ in the CT 

calculation formula. EPA inadvertently 

changed the ‘‘S’’ to a ‘‘3’’ during a text 

file conversion. 

In § 141.551(a)(2), EPA is adding a ‘‘t’’

to the ‘‘no’’ in ‘‘A value determined by 

the State (no to exceed 1 NTU) * * *’’. 

In § 141.551(b)(2), EPA is adding the 

word ‘‘Filtration’’ to the phrase ‘‘All 

other ‘Alternative’ ’’ so that it matches 

related language in § 141.551(a)(2). 

EPA is deleting the last sentence in 

the second column in the table in 

§ 141.563(b), because it is redundant. 

Also in the same table in § 141.563(c), 

the first column contains a 

typographical error. The acronym 

‘‘BTU’’ will read ‘‘NTU’’ (Nephelometric 

Turbidity Units). 

In the table in § 141.570(b)(2), EPA is 

adding the phrase: ‘‘and the cause (if 

known) for the exceedance(s)’’ to the 

description of information to report 

under § 141.570(b)(2). As a result, the 

entire paragraph will read: ‘‘The filter 

38852 Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 

number(s), corresponding date(s), and 

the turbidity value(s) which exceeded 

1.0 NTU during the month, and the 

cause (if known) for the exceedance(s), 

but only if 2 consecutive measurements 

exceeded 1.0 NTU.’’

This action redesignates the 

LT1ESWTR special primacy text as 

§ 142.16(p). In addition, EPA is revising 

a citation in § 142.16 (p)(2)(ii) to 

‘‘141.536’’ to read ‘‘141.535.’’ This was 

a typographical error and should have 

been ‘‘141.535,’’ which refers to 

calculating inactivation. 

E. Stage 1 Disinfectants and Disinfection 

Byproducts Rule 

The Stage 1 Disinfectants and 

Disinfection Byproducts Rule was 

promulgated on December 16, 1998 (63 

FR 69390). This rule required systems to 

measure and report, among other things, 

violations of maximum residual 

disinfectant levels (MRDLs), see

§ 141.134(c)(1)(iv) (see 63 FR 69422 and 

69472). However, EPA failed to add 

compliance with the applicable MRDL 

to the compliance requirements in 

§ 141.133(a)(3). EPA is correcting this, 

and the language in § 141.133(a)(3) now 

reads ‘‘If, during the first year of 

monitoring under § 141.132, any 

individual quarter’s average will cause 

the running annual average of that 

system to exceed the MCL for total 

trihalomethanes, haloacetic acids (five), 

or bromate; or the MRDL for chlorine or 

chloramine, the system is out of 

compliance at the end of that quarter.’’

The burden for this requirement was 

already accounted for in the approved 

Information Collection Request No. 

1895.02. 

Also, in the final Stage 1 Disinfectants 

and Disinfection Byproducts Rule, EPA 

incorrectly cited in § 142.14(d)(12)(iv) 

and § 142.14(d)(13) a reference to 

§ 142.16(f). The reference for both 

sections is now being revised to read 

§ 142.16(h)(2) and § 142.16(h)(5) 

respectively. 

F. Surface Water Treatment Rule 

The Surface Water Treatment Rule 

(SWTR) was promulgated on June 29, 

1989 (54 FR 27486). In that final rule, 

EPA incorrectly cited in 

§ 141.74(b)(4)(ii) a reference to 

§ 142.72(a). This citation is being 

corrected to read § 141.72(a).

Today’s rule does not include the 

proposed clarifications (March 2, 2004, 

69 FR 9784) concerning the calibration 

of turbiditimeters in § 141.174(a) 

(Interim Enhanced Surface Water 

Treatment Rule (IESWTR)) and in 

§ 141.560(b) (LT1ESWTR). EPA is 

deferring a decision on this clarification 

until additional information provided in 

a public comment can be evaluated. 

EPA is changing all citations to 

§ 141.74(a)(3) or (4) to § 141.74(a)(1), 

and all citations to § 141.74(a)(5) to 

§ 141.74(a)(2) to reflect revisions to the 

SWTR as described in the proposal.

TABLE 1.—REFERENCES TO THE

SURFACE WATER TREATMENT RULE

SWTR provisions with 

incorrect cross

references 

Amendment 

141.71(a)(2) .................. ‘‘(a)(4)’’ to (a)(1) 

141.71(c)(2)(i) ............... ‘‘(a)(4)’’ to (a)(1) 

141.72(a)(3) .................. ‘‘(a)(5)’’ to (a)(2) 

141.72(a)(4)(i) ............... ‘‘(a)(3)’’ to (a)(1) 

and ‘‘(a)(5)’’ to 

(a)(2) 

141.72(a)(4)(ii) .............. ‘‘(a)(3)’’ to (a)(1) 

141.72(b)(2), ................. ‘‘(a)(5)’’ to (a)(2) 

141.72(b)(3)(i) ............... ‘‘(a)(5)’’ to (a)(2) 

and, ‘‘(a)(3)’’ to 

(a)(1) 

141.72(b)(3)(ii) .............. ‘‘(a)(3)’’ to (a)(1) 

141.73(a)(1) .................. ‘‘(a)(4)’’ to (a)(1) 

141.73(a)(2) .................. ‘‘(a)(4)’’ to (a)(1) 

141.73(b)(1) .................. ‘‘(a)(4)’’ to (a)(1) 

141.73(b)(2) .................. ‘‘(a)(4)’’ to (a)(1) 

141.73(c)(1) ................... ‘‘(a)(4)’’ to (a)(1) 

141.73(c)(2) ................... ‘‘(a)(4)’’ to (a)(1) 

141.74(b)(6)(ii) .............. ‘‘(a)(3)’’ to (a)(1) 

141.74(c)(3)(i) ............... ‘‘(a)(3)’’ to (a)(1) 

141.74(c)(3)(ii) ............... ‘‘(a)(3)’’ to (a)(1) 

141.75(a)(2)(viii)(G) ....... ‘‘(a)(3)’’ to (a)(1) 

141.75(b)(2)(iii)(G) ........ ‘‘(a)(3)’’ to (a)(1) 

G. Filter Backwash Recycling Rule 

The Filter Backwash Recycling Rule 

(FBRR) was promulgated on June 8, 

2001 (66 FR 31086). EPA inadvertently 

provided incomplete citations in 

subpart Q, Appendix A of the Public 

Notification rule for the FBRR 

violations. In entry I.A.(8) of 40 CFR 

part 141, subpart Q, Appendix A, EPA 

is adding a ‘‘(c)’’ to the ‘‘MCL/MRDL/TT 

violations Citation’’ column of § 141.76; 

and, in the ‘‘Monitoring & testing 

procedure violations Citation’’ column 

EPA has added ‘‘(b), (d)’’ to § 141.76. 

The FBRR preamble (66 FR 31086, 

31094) explicitly states that violations of 

the recordkeeping and reporting 

portions of this treatment technique 

trigger public notification (PN) 

obligations under 40 CFR part 141, 

subpart Q. EPA is clarifying the PN rule 

by striking the reference to reporting 

violations in Appendix A, endnote 1, 

and explicitly adding §§ 141.76(b), (c) 

and (d) to the list of categories requiring 

reporting in Appendix A (previous 

reference was to the entire § 141.76).

H. Bottled Water 

In a November 1995 final rule (60 FR 

57132), the Food and Drug 

Administration (FDA) moved their 

standards of quality for bottled water 

from 21 CFR 103.35 to 21 CFR 165.110. 

EPA is correcting a reference in our 

regulations in § 142.62(g)(2) to reflect 

the updated citation of these FDA 

regulations. 

I. Information Collection Rule 

The Information Collection Rule (ICR) 

was promulgated on May 14, 1996 (61 

FR 24354). The requirements 

promulgated in the ICR expired on 

December 31, 2000. As a result, the ICR 

requirements (referred to as subpart M—

Information Collection Requirements 

(ICRs) for Public Water Systems) were 

removed from the Code of Federal 

Regulations in 2001. However, there 

were remaining references to the data 

collected as a result of the ICR in other 

sections of part 141 that refer to 

‘‘subpart M.’’ EPA is deleting the phrase 

‘‘or subpart M of this part’’ from 

§ 141.132(a)(5). EPA is not deleting or 

revising the other references to subpart 

M because the data collected under the 

ICR are still being used. 

J. Phase V Rule 

In the final Phase V Rule (July 17, 

1992, 57 FR 31776), EPA published a 

list of Best Available Technologies 

(BATs) for cyanide, see § 141.62(c). EPA 

is making the list more specific as to the 

type of chlorination (‘‘alkaline 

chlorination’’). 

III. Correction in the Lead and Copper 

Rule Public Education Requirement 

In this final version of the rule, EPA 

is reinstating the list of the facilities that 

must be sent public education brochures 

by a public water system that has 

exceeded the action level for lead or 

copper. This list was included in the 

final Lead and Copper Rule, in 

§ 141.85(c)(2)(iii) (June 7, 1991, 56 FR 

26460; 26555) and published in the 

Code of Federal Regulations (CFR) from 

1991 to 1999. However, a technical 

drafting error in the way in which EPA 

drafted its language of amendment for 

revisions to the LCR in 2000 caused the 

Office of Federal Register to delete this 

text from the 2001 edition of the CFR 

(January 12, 2000, 65 FR 1950, 2007). 

Thus, the current CFR text contains only 

a requirement to deliver public 

education materials ‘‘to facilities and 

organizations, including the following:’’

with no text following the colon. To 

remedy this, EPA is reinstating the 

missing text, specifically subparagraphs 

(A) through (G). Section 141.85(c)(2)(iii) 

will once again read as follows: 

(iii) Deliver pamphlets and/or 

brochures that contain the public 

education materials in paragraphs 

(a)(1)(ii) and (a)(1)(iv) of this section to 

Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 38853

facilities and organizations, including 

the following: 

(A) Public schools, and/or local 

school boards; 

(B) City or county health department; 

(C) Women, Infants, and Children 

and/or Head Start Program(s) whenever 

available; 

(D) Public and private hospitals and/

or clinics;

(E) Pediatricians; 

(F) Family planning clinics; and 

(G) Local welfare agencies. 

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 prior notice and an 

opportunity for public comment. EPA is 

reinstating the list of facilities that must 

be sent public education brochures by a 

public water system that has exceeded 

the action level for lead or copper. EPA 

has determined that there is ‘‘good 

cause’’ for making this rule change final 

without prior proposal and opportunity 

for comment because this list was the 

product of a prior notice-and-comment 

rulemaking, see (June 7, 1991, 56 FR 

26502), it had appeared in the CFR for 

several years, the deletion was due 

solely to a technical drafting error in a 

subsequent rule, and the list is not 

controversial. Thus, additional notice 

and public comment is not necessary. 

EPA finds that this constitutes ‘‘good 

cause’’ under 5 U.S.C. 553(b)(B). For the 

same reasons, EPA is making this rule 

change effective upon publication. 5 

U.S.C. 553(d)(3). 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866, (58 FR 

51735 (October 4, 1993)) the Agency 

must determine whether the regulatory 

action is ‘‘significant’’ and therefore 

subject to OMB review and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

It has been determined that this rule 

is not a ‘‘significant regulatory action’’

under the terms of Executive Order 

12866 and is therefore not subject to 

OMB review. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. This action 

modifies and clarifies existing 

regulations. It does not add monitoring, 

recordkeeping or reporting 

requirements. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small government 

jurisdictions. 

Small entities are defined as: (1) A 

small business as defined by the Small 

Business Administration’s (SBA) 

regulations at 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any ‘‘not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field.’’ However, the 

RFA also authorizes an agency to use 

alternative definitions for each category 

of small entity, ‘‘which are appropriate 

to the activities of the agency’’ after 

proposing the alternative definition(s) in 

the Federal Register and taking 

comment. 5 U.S.C. 601(3)–(5). In 

addition, to establish an alternative 

small business definition, agencies must 

consult with SBA’s Chief Counsel for 

Advocacy.

For purposes of assessing the impacts 

of today’s rule on small entities, EPA 

considered small entities to be public 

water systems serving 10,000 or fewer 

persons. This is the cut-off level 

specified by Congress in the 1996 

Amendments to the Safe Drinking Water 

Act for small system flexibility 

provisions. As required by the RFA 

requirements, EPA proposed using this 

alternative definition in the Federal 

Register, (63 FR 7620, February 13, 

1998), requested public comment, 

consulted with the Small Business 

Administration (SBA), and finalized in 

the alternative definition in the 

Consumer Confidence Reports 

regulation (63 FR 44511, August 19, 

1998). As stated in that final rule, the 

alternative definition would be applied 

to this regulation as well. 

The optional monitoring for 

disinfection profiling provides 

flexibility for PWSs complying with 

LT1ESWTR. The earlier compliance 

date will not increase the cost of 

complying with LT1ESWTR since the 

monitoring and reporting requirements 

are unchanged. By specifying the 

detection limit for uranium, States have 

the flexibility to waive some monitoring 

for PWSs with samples below the 

detection limit. This action will not add 

new requirements. 

This final rule imposes no cost on any 

entities over and above those imposed 

by previously published drinking water 

rules. This action corrects and clarifies 

existing regulations. 

After considering the economic 

impacts of today’s final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The small entities directly regulated by 

this final rule are public water systems 

serving 10,000 or fewer persons. We 

have determined that no number of 

small entities will experience an impact. 

38854 Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

Today’s rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector. This final rule imposes 

no enforceable duty on any State, local 

or tribal governments or the private 

sector. This action corrects and clarifies 

existing regulations. The optional 

monitoring for disinfection profiling 

provides flexibility for PWSs to comply 

with LT1ESWTR. The earlier 

compliance date will not increase the 

cost of complying with LT1ESWTR 

since the monitoring and reporting 

requirements are unchanged. By 

specifying the detection limit for 

uranium, EPA provides States with the 

flexibility to waive some monitoring for 

PWSs with samples below the detection 

limit. Thus, today’s final rule is not 

subject to the requirements of sections 

202 and 205 of the UMRA. 

EPA has determined that this rule 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. This action corrects 

and clarifies existing regulations. Thus, 

today’s proposed rule is not subject to 

the requirements of section 203 of the 

UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’

This final rule does not have 

Federalism implications. It 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. There is no cost 

to State and local governments, and the 

final rule does not preempt State law. 

This action corrects and clarifies 

existing regulations. The optional 

monitoring for disinfection profiling 

provides flexibility for PWSs to comply 

with LT1ESWTR. The earlier 

compliance date will not increase the 

cost of complying with LT1ESWTR 

since the monitoring and reporting 

requirements are unchanged. By 

specifying the detection limit for 

uranium, States have the flexibility to 

waive some monitoring for PWSs with 

samples below the detection limit. 

Thus, Executive Order 13132 does not 

apply to this final rule. In the spirit of 

Executive Order 13132, and consistent 

with EPA policy to promote 

communications between EPA and State 

and local governments, EPA specifically 

solicited comment on the proposed rule 

from State and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’

This final rule does not have tribal 

implications. It will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes, as 

specified in Executive Order 13175. 

There is no cost to tribal governments, 

and the rule does not preempt tribal 

law. This action corrects and clarifies 

existing regulations. Thus, Executive 

Order 13175 does not apply to this rule. 

Moreover, in the spirit of Executive 

Order 13175, and consistent with EPA 

policy to promote communications 

between EPA and tribal governments, 

EPA specifically solicited comment on 

the proposed rule from tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

Executive Order 13045: ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

This final rule is not subject to the 

Executive Order because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

Agency does not have reason to believe 

the environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 38855

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355 (May 22, 2001)) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

As noted in the proposed rule, section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(‘‘NTTAA’’), Public Law 104–113, 12(d) 

(15 U.S.C. 272 note) directs EPA to use 

voluntary consensus standards in its 

regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Congressional Review Act 

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. 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective July 29, 2004, except 

for the amendment to § 141.85(c)(2)(iii) 

which is effective June 29, 2004.

List of Subjects 

40 CFR Part 141

Environmental protection, Chemicals, 

Indians-lands, Intergovernmental 

relations, Radiation protection, 

Reporting and recordkeeping 

requirements, Water supply. 

40 CFR Part 142

Environmental protection, 

Administrative practice and procedure, 

Chemicals, Indians-lands, Radiation 

protection, Reporting and recordkeeping 

requirements, Water supply.

Dated: June 22, 2004. 

Michael O. Leavitt, 

Administrator.

■ For the reasons set out in the preamble, 

title 40, chapter I of the Code of Federal 

Regulations is amended 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.

§ 141.25 [Amended]

■ 2. Section 141.25(c)(1) is amended in 

the entry for uranium in the second 

column of Table B by removing the word 

‘‘reserve’’ and adding in it’s place ‘‘1 μg/

L’’.

■ 3. Section 141.26 is amended as 

follows:

■ a. Revise paragraphs (b)(2)(iv) and 

(b)(5); and

■ b. In paragraph (b)(6) remove the 

citation ‘‘(b)(1)(ii)’’ and add in its place 

‘‘(b)(1)(i)’’ and remove the citation 

‘‘(b)(2)(i)’’ and add in its place 

‘‘(b)(2)(iv)’’. 

The revisions read as follows:

§ 141.26 Monitoring frequency and 

compliance requirements for radionuclides 

in community water systems.

* * * * *

(b) * * *

(2) * * *

(iv) If the gross beta particle activity 

minus the naturally occurring 

potassium-40 beta particle activity at a 

sampling point has a running annual 

average (computed quarterly) less than 

or equal to 15 pCi/L (screening level), 

the State may reduce the frequency of 

monitoring at that sampling point to 

every 3 years. Systems must collect the 

same type of samples required in 

paragraph (b)(2) of this section during 

the reduced monitoring period.

* * * * *

(5) If the gross beta particle activity 

minus the naturally occurring 

potassium-40 beta particle activity 

exceeds the appropriate screening level, 

an analysis of the sample must be 

performed to identify the major 

radioactive constituents present in the 

sample and the appropriate doses must 

be calculated and summed to determine 

compliance with § 141.66(d)(1), using 

the formula in § 141.66(d)(2). Doses 

must also be calculated and combined 

for measured levels of tritium and 

strontium to determine compliance.

* * * * *

§ 141.62 [Amended]

■ 4. Section 141.62(c) is amended as 

follows:

■ a. In the Table ‘‘BAT FOR INORGANIC 

COMPOUNDS LISTED IN SECTION 

141.62(b)’’ amend the entry for 

‘‘cyanide’’ by replacing the ‘‘10’’ with 

‘‘13’’; and

■ b. In the list ‘‘Key to BATS in Table 1’’, 

add to the end of the list, ‘‘13 = Alkaline 

Chlorination (pH ≥ 8.5)’’.

§ 141.71 [Amended]

■ 5. Section 141.71 is amended as 

follows:

■ a. In paragraph (a)(2) introductory text 

remove the citation ‘‘§ 141.74(a)(4)’’ and 

add in its place ‘‘§ 141.74(a)(1)’’ and

■ b. In paragraph (c)(2)(i) remove the 

citation ‘‘§ 141.74(a)(4)’’ and add in its 

place ‘‘§ 141.74(a)(1)’’.

§ 141.72 [Amended]

■ 6. Section 141.72 is amended as 

follows:

■ a. In paragraph (a)(3) remove the 

citation ‘‘§ 141.74(a)(5)’’ and add in its 

place ‘‘§ 141.74(a)(2)’’;

■ b. In paragraph (a)(4)(i) remove the 

citation ‘‘§ 141.74(a)(5)’’ and add in its 

place ‘‘§ 141.74(a)(2)’’ and remove the 

citation ‘‘§ 141.74(a)(3)’’ and add in its 

place ‘‘§ 141.74(a)(1)’’;

■ c. In paragraph (a)(4)(ii) remove the 

citation ‘‘§ 141.74(a)(3)’’ and add in its 

place ‘‘§ 141.74(a)(1)’’;

■ d. In paragraph (b)(2) remove the 

citation ‘‘§ 141.74(a)(5)’’ and add in its 

place ‘‘§ 141.74(a)(2)’’;

■ e. In paragraph (b)(3)(i) remove the 

citation ‘‘§ 141.74(a)(5)’’ and add in its 

place ‘‘§ 141.74(a)(2)’’, remove the 

citation ‘‘§ 141.74(a)(3)’’ and add in its 

place ‘‘§ 141.74(a)(1)’’; and

■ f. In paragraph (b)(3)(ii) remove the 

citation ‘‘§ 141.74(a)(3)’’ and add in its 

place ‘‘§ 141.74(a)(1)’’.

§ 141.73 [Amended]

■ 7. Section 141.73 is amended as 

follows:

■ a. In paragraph (a)(1) remove both 

citations ‘‘§ 141.74(a)(4)’’ and add in 

their place ‘‘§ 141.74(a)(1)’’;

■ b. In paragraph (a)(2) remove the 

citation ‘‘§ 141.74(a)(4)’’ and add in its 

place ‘‘§ 141.74(a)(1)’’;

■ c. In paragraph (a)(4) remove the date 

‘‘January 14, 2005’’ and add in its place 

‘‘January 1, 2005’’;

38856 Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 

■ d. In paragraph (b)(1) remove the 

citation ‘‘§ 141.74(a)(4)’’ and add in its 

place ‘‘§ 141.74(a)(1)’’;

■ e. In paragraph (b)(2) remove the 

citation ‘‘§ 141.74(a)(4)’’ and add in its 

place ‘‘§ 141.74(a)(1)’’;

■ f. In paragraph (c)(1) remove the 

citation ‘‘§ 141.74(a)(4)’’ and add in its 

place ‘‘§ 141.74(a)(1)’’; and

■ g. In paragraph (c)(2) remove the 

citation ‘‘§ 141.74(a)(4)’’ and add in its 

place ‘‘§ 141.74(a)(1)’’.

§ 141.74 [Amended]

■ 8. Section 141.74 is amended as 

follows:

■ a. In paragraph (b)(4)(ii) remove the 

citation ‘‘§ 142.72(a)’’ and add in its 

place ‘‘§ 141.72(a)’’;

■ b. In paragraph (b)(6)(ii) remove the 

citation ‘‘(a)(3)’’ and add in its place 

‘‘(a)(1)’’;

■ c. In paragraph (c)(3)(i) remove the 

citation ‘‘(a)(3)’’ and add in its place 

‘‘(a)(1)’’; and

■ d. In paragraph (c)(3)(ii) remove the 

citation ‘‘(a)(3)’’ and add in its place 

‘‘(a)(1)’’.

§ 141.75 [Amended]

■ 9. Section 141.75 is amended as 

follows:

■ a. In paragraph (a)(2)(viii)(G) remove 

the citation ‘‘§ 141.74(a)(3)’’ and add in 

its place ‘‘§ 141.74(a)(1)’’; and

■ b. In paragraph (b)(2)(iii)(G) remove 

the citation ‘‘§ 141.74(a)(3)’’ and add in 

its place ‘‘§ 141.74(a)(1)’’.

■ 10. Amend § 141.85 by adding 

paragraphs (c)(2)(iii) (A) through (G) to 

read as follows:

§ 141.85 Public education and 

supplemental monitoring requirements.

* * * * *

(c) * * *

(2) * * *

(iii) * * *

(A) Public schools, and/or local 

school boards; 

(B) City or county health department; 

(C) Women, Infants, and Children 

and/or Head Start Program(s) whenever 

available; 

(D) Public and private hospitals and/

or clinics; 

(E) Pediatricians; 

(F) Family planning clinics; and 

(G) Local welfare agencies.

* * * * *

§ 141.132 [Amended]

■ 11. Section 141.132 is amended in 

paragraph (a)(5) by removing the 

reference to ‘‘or subpart M of this part’’.

■ 12. In § 141.133 revise paragraph (a)(3) 

to read as follows:

§ 141.133 Compliance requirements. 

(a) * * *

(3) If, during the first year of 

monitoring under § 141.132, any 

individual quarter’s average will cause 

the running annual average of that 

system to exceed the MCL for total 

trihalomethanes, haloacetic acids (five), 

or bromate; or the MRDL for chlorine or 

chloramine, the system is out of 

compliance at the end of that quarter.

* * * * *

§ 141.170 [Amended]

■ 13. In paragraph (d) remove the date 

‘‘January 14, 2005’’ and add in its place 

‘‘January 1, 2005’’.

Appendix A to Subpart Q of Part 141 

[Amended]

■ 14. In Subpart Q, Appendix A is 

amended as follows:

■ a. In entry I.A.(8) remove the citation 

in the third column ‘‘141.76’’ and add in 

its place ‘‘141.76(c)’’ and remove the 

citation in the fifth column ‘‘141.76’’ and 

add in its place ‘‘141.76 (b), (d)’’.

■ b. Amend endnote 1 by removing the 

words ‘‘reporting violations and’’ from 

the first parenthetical phrase.

■ 15. In Subpart Q, Appendix B revise 

endnotes 4 and 8 to read as follows: 

Appendix B to Subpart Q of Part 141—

Standard Health Effects Language for 

Public Notification

* * * * *

4There are various regulations that set 

turbidity standards for different types of 

systems, including 40 CFR 141.13, and the 

1989 Surface Water Treatment Rule, the 1998 

Interim Enhanced Surface Water Treatment 

Rule and the 2002 Long Term 1 Enhanced 

Surface Water Treatment Rule. The MCL for 

the monthly turbidity average is 1 NTU; the 

MCL for the 2-day average is 5 NTU for 

systems that are required to filter but have 

not yet installed filtration (40 CFR 141.13).

* * * * * 8There are various regulations that set 

turbidity standards for different types of 

systems, including 40 CFR 141.13, the 1989 

Surface Water Treatment Rule (SWTR), the 

1998 Interim Enhanced Surface Water 

Treatment Rule (IESWTR) and the 2002 Long 

Term 1 Enhanced Surface Water Treatment 

Rule (LT1ESWTR). For systems subject to the 

IESWTR (systems serving at least 10,000 

people, using surface water or ground water 

under the direct influence of surface water), 

that use conventional filtration or direct 

filtration, after January 1, 2002, the turbidity 

level of a system’s combined filter effluent 

may not exceed 0.3 NTU in at least 95 

percent of monthly measurements, and the 

turbidity level of a system’s combined filter 

effluent must not exceed 1 NTU at any time. 

Systems subject to the IESWTR using 

technologies other than conventional, direct, 

slow sand, or diatomaceous earth filtration 

must meet turbidity limits set by the primacy 

agency. For systems subject to the 

LT1ESWTR (systems serving fewer than 

10,000 people, using surface water or ground 

water under the direct influence of surface 

water) that use conventional filtration or 

direct filtration, after January 1, 2005, the 

turbidity level of a system’s combined filter 

effluent may not exceed 0.3 NTU in at least 

95 percent of monthly measurements, and 

the turbidity level of a system’s combined 

filter effluent must not exceed 1 NTU at any 

time. Systems subject to the LT1ESWTR 

using technologies other than conventional, 

direct, slow sand, or diatomaceous earth 

filtration must meet turbidity limits set by 

the primacy agency.

* * * * *

■ 16. Revise § 141.502 to read as follows:

§ 141.502 When must my system comply 

with these requirements? 

You must comply with these 

requirements in this subpart beginning 

January 1, 2005, except where otherwise 

noted.

§ 141.530 [Amended]

■ 17. In § 141.530 in the second 

sentence, revise ‘‘water systems’’ to read 

‘‘water system’’.

■ 18. Amend § 141.531 by adding the 

following sentence to the end of the 

section, to read as follows:

§ 141.531 What criteria must a State use to 

determine that a profile is unnecessary? 

* * * Your State may approve a more 

representative TTHM and HAA5 data 

set to determine these levels.

■ 19. Section 141.534 is amended as 

follows:

■ a. By revising the introductory 

paragraph,

■ b. In the table in paragraph (a)(2), 

remove the ‘‘3’’ and add in its place ‘‘S’’.

§ 141.534 How does my system use this 

data to calculate an inactivation ratio? 

Use the tables in § 141.74(b)(3)(v) to 

determine the appropriate CT99.9 value. 

Calculate the total inactivation ratio as 

follows, and multiply the value by 3.0 

to determine log inactivation of Giardia 

lamblia:

* * * * *

§ 141.551 [Amended]

■ 20. Section 141.551 is amended as 

follows:

■ a. In paragraph (a)(2) remove ‘‘no’’ and 

add in its place ‘‘not’’; and

■ b. In paragraph (b)(2) remove 

‘‘Alternative’’ and add in its place 

‘‘Alternative Filtration’’.

§ 141.563 [Amended]

■ 21. Section 141.563 is amended as 

follows:

■ a. In paragraph (b) remove the last 

sentence in the second column of the 

table, and

Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 38857

■ b. In paragraph (c) remove ‘‘BTU’’ and 

add in its place ‘‘NTU’’ in the first 

column of the table.

■ 22. In § 141.570, revise paragraph 

(b)(2) in the table to read as follows:

§ 141.570 What does subpart T require that 

my system report to the State?

* * * * *

Corresponding requirement Description of information to report Frequency 

* * * * * * * 

(b) Individual Filter Turbidity Requirements (§§ 141.560–141.564).(2) The filter number(s), corresponding date(s), and the turbidity 

value(s) which exceeded 1.0 NTU during the month, and the 

cause (if known) for the exceedance(s), but only if 2 consecutive 

measurements exceeded 1.0 NTU.

By the 10th of the following 

month. 

* * * * * * * 

PART 142—NATIONAL PRIMARY 

DRINKING WATER REGULATIONS 

IMPLEMENTATION

■ 23. The authority citation for part 142 

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.

§ 142.14 [Amended]

■ 24. Section § 142.14 is amended as 

follows:

■ a. In paragraph (d)(12)(iv) remove the 

citation ‘‘§ 142.16(f)(2)’’ and add in its 

place ‘‘§ 142.16(h)(2)’’; and

■ b. In paragraph (d)(13) remove the 

citation ‘‘§ 142.16(f)(5)’’ and add in its 

place ‘‘§ 142.16(h)(5)’’.

§ 142.16 [Amended]

■ 25. Section 142.16 is amended as 

follows:

■ a. In paragraph (l)(2) remove the 

citation ‘‘§ 142.16(e)(5)’’and add in its 

place ‘‘§ 142.16(e)(2)’’;

■ b. Add and reserve paragraphs (m), (n), 

and (o);

■ c. Redesignate paragraph (j) which was 

added on January 14, 2002, at 67 FR 1812 

as paragraph (p); and

■ d. In newly designated paragraph 

(p)(2)(ii) remove the citation ‘‘141.536’’

and add in its place ‘‘141.535’’.

§ 142.62 [Amended]

■ 26. Section 142.62(g)(2) is amended by 

removing the citation ‘‘103.35’’ and add 

in its place ‘‘165.110’’.

[FR Doc. 04–14604 Filed 6–28–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 031216314–3314–01; I.D. 

062304A]

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Annual 

Specifications and Management 

Measures; Inseason Adjustments

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Inseason adjustments to 

management measures; request for 

comments.

SUMMARY: NMFS announces changes to 

the commercial limited entry fixed gear 

primary season sablefish tier limits for 

the Pacific Coast groundfish fishery. 

These actions, which are authorized by 

the Pacific Coast Groundfish Fishery 

Management Plan (FMP), will allow 

fisheries to access more abundant 

groundfish stocks while protecting 

overfished and depleted stocks.

DATES: Effective 0001 hours (local time) 

June 29, 2004, until the 2005–06 annual 

specifications and management 

measures are effective; unless modified, 

superseded, or rescinded through a 

publication in the Federal Register. 

Comments on this rule will be accepted 

through July 28, 2004.

ADDRESSES: You may submit comments, 

identified by (I.D. 062304A), by any of 

the following methods:

∑ E-mail: 

GroundfishInseason#4.nwr@noaa.gov: 

Include the I.D. number in the subject 

line of the message.

∑ Federal eRulemaking Portal: http:/

/www.regulations.gov. Follow the 

instructions for submitting comments.

∑ Mail: D. Robert Lohn, 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070; or Rod 

McInnis, Acting Administrator, 

Southwest Region, NMFS, 501 West 

Ocean Blvd, Suite 4200, Long Beach, CA 

90802–4213.

∑ Fax: 206–526–6736

FOR FURTHER INFORMATION CONTACT:

Jamie Goen (Northwest Region, NMFS), 

phone: 206–526–6150; fax: 206–526–

6736; and e-mail: jamie.goen@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

This Federal Register document is 

available on the Government Printing 

Office’s website at: www.gpoaccess.gov/

fr/index.html.

Background information and 

documents are available at the NMFS 

Northwest Region website at: 

www.nwr.noaa.gov/1sustfsh/

gdfsh01.htm and at the Pacific Fishery 

Management Council’s website at: 

www.pcouncil.org.

Background

The Pacific Coast Groundfish FMP 

and its implementing regulations at 50 

CFR part 660, subpart G, regulate fishing 

for over 80 species of groundfish off the 

coasts of Washington, Oregon, and 

California. Groundfish specifications 

and management measures are 

developed by the Pacific Fishery 

Management Council (Pacific Council), 

and are implemented by NMFS. The 

specifications and management 

measures for the 2004 fishing year 

(January 1 - December 31, 2004) were 

initially published in the Federal 

Register as an emergency rule for 

January 1 - February 29, 2004 (69 FR 

1322, January 8, 2004), and as a 

proposed rule for March 1 - December 

31, 2004 (69 FR 1380, January 8, 2004). 

The emergency rule was amended at 69 

FR 4084, January 28, 2004, and the final 

rule for March 1 - December 31, 2004, 

was published in the Federal Register

on March 9, 2004 (69 FR 11064), and 

subsequently amended at 69 FR 23440 

(April 29, 2004), 69 FR 23667 (April 30,