Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 30953 

includes: Reduced VOC content in 

architectural, industrial, and 

maintenance (AIM) coatings rule; auto 

body refinisher self-certification audit 

program; reduced VOC degreasing/ 

solvent cleaning rule; diesel retrofit 

program; reduced idling program; 

portable fuel container replacement 

rule; and, food preparation flame broiler 

control rule. Also included in the 

Michigan’s submittal were a 2005 base 

year emissions inventory and motor 

vehicle emission budgets (MVEBs) for 

use to determine transportation 

conformity in the area. For the DetroitAnn Arbor area, Michigan has 

established separate MVEBS for the 

Southeast Michigan Council of 

Governments (SEMCOG) region 

(Livingston, Macomb, Monroe, Oakland, 

St. Clair, Washtenaw, and Wayne 

Counties) and for Lenawee County. 

MDEQ has determined the 2020 MVEBs 

for the SEMCOG region to be 106 tons 

per day for VOC and 274 tpd for NOX. 

MDEQ has determined the 2020 MVEBs 

for Lenawee County to be 2.1 tpd for 

VOC and 4.4 tpd for NOX. 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. Section 81.323 is amended by 

revising the entry for Detroit-Ann Arbor, 

MI in the table entitled ‘‘MichiganOzone (8-Hour Standard)’’ to read as 

follows: 

§ 81.323 Michigan. 

* * * * * 

MICHIGAN-OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Detroit-Ann Arbor, MI: 

Lenawee County ................................................................. 6/29/2009 Attainment.

Livingston County. 

Macomb County.

Monroe County.

Oakland County.

St. Clair County.

Washtenaw County.

Wayne County.

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

[FR Doc. E9–14750 Filed 6–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 141 and 143 

[EPA–HQ–OW–2008–0644; FRL–8920–8] 

RIN 2040–AF00 

National Primary Drinking Water 

Regulations: Minor Correction to Stage 

2 Disinfectants and Disinfection 

Byproducts Rule and Changes in 

References to Analytical Methods 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: In this action, EPA is making 

a minor correction to the Stage 2 

Disinfectants and Disinfection 

Byproducts Rule (DBPR) and minor, 

unrelated, editorial changes in 

references to analytical methods in the 

regulations. EPA promulgated the Stage 

2 Disinfectants and Disinfection 

Byproducts Rule on January 4, 2006. A 

requirement for ground water systems 

serving 500–9,999 people was 

unintentionally excluded from the final 

rule. As a result, the rule allowed for 

less routine compliance monitoring than 

intended for this category of public 

water systems (PWSs). These PWSs 

should have been required to monitor 

for both total trihalomethanes (TTHM) 

and haloacetic acids (HAA5) 

concentrations at two locations. Due to 

the error, they were only required to 

monitor for either TTHM or HAA5 at 

two locations. EPA is also making 

minor, unrelated changes in the 

regulations by adding references to the 

list of analytical methods approved 

under the Expedited Approval Process, 

removing references to outdated 

methods, and specifying a new source 

for the publication titled Technical 

Notes on Drinking Water Methods. 

DATES: This final rule is effective on July 

29, 2009. For judicial review purposes, 

this final rule is promulgated as of June 

29, 2009. The incorporation by reference 

of certain publications listed in this rule 

is effective as of June 29, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. OW–2008–0644. All documents in 

the docket are listed on the 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, e.g., 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 through 

www.regulations.gov or in hard copy at 

the OW Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

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 OW docket is (202) 566– 

2426. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the Stage 2 

DBPR minor correction contact Tom 

Grubbs, Standards and Risk 

Management Division, Office of Ground 

Water and Drinking Water, M/C 4607M, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; telephone 

number (202) 564–5262; e-mail address 

grubbs.thomas@epa.gov. For 

information concerning the methods 


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30954 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 

reference update in the CFR contact 

Patricia Fair, Standards and Risk 

Management Division, Technical 

Support Center, Office of Ground Water 

and Drinking Water, M/C 140, 

Environmental Protection Agency, 26 

West Martin Luther King Drive, 

Cincinnati, Ohio 45268; telephone 

number (513) 569–7937; e-mail address 

fair.pat@epa.gov. For general 

information, contact the Safe Drinking 

Water Hotline, telephone number: (800) 

426–4791. The Safe Drinking Water 

Hotline is open Monday through Friday, 

excluding legal holidays, from 10 a.m. 

to 4 p.m. Eastern time. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Entities potentially regulated by this 

regulation are public water systems 

(PWSs). 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. 

This table is not intended to be an 

exhaustive list, 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 

definition of ‘‘public water system’’ in 

§ 141.2, the section entitled ‘‘Coverage’’ 

(§ 141.3), and the sections entitled 

‘‘General requirements’’ (§§ 141.600 and 

141.620) in Title 40 of the Code of 

Federal Regulations and applicable 

criteria in §§ 141.605, and 141.621 of 

today’s rule. 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. 

B. Minor Correction to the Stage 2 

Disinfection and Disinfectant Byproduct 

Rule (DBPR) 

Today’s final rule corrects, as 

proposed (73 FR 67456, November 14, 

2008) (USEPA, 2008b), a revised 

monitoring frequency for ground water 

systems serving 500–9,999 people to 

correct an error introduced when the 

tables were modified prior to 

publication of the (January 4, 2006) final 

rule. EPA has corrected the regulatory 

footnote at 40 CFR 141.605 and 141.621 

to clarify that these systems must take 

dual rather than single monitoring 

samples. The monitoring for these small 

systems is not required to begin until 

the year 2012 or 2013 (page 415, USEPA 

2006). 

In the Stage 2 DBPR Economic 

Analysis (USEPA, 2005a) and in the 

Information Correction Rule Supporting 

Statement (Page 52, USEPA 2005b), EPA 

based the estimate of burden for these 

systems using the intended monitoring 

frequency. Population-based monitoring 

is discussed at length in the final Stage 

2 DBPR (page 429, USEPA, 2006a) and 

the additional costs for monitoring by 

ground water systems serving 500–9,999 

people are included (page 456, USEPA, 

2006a). EPA is not developing a new 

economic analysis for this final rule 

because the existing economic analysis 

accounts for all costs associated with 

this rule. 

C. Changes Related to Analytical 

Methods 

1. Cross-references to Appendix A to 

Subpart C of Part 141. 

When EPA determines that an 

alternative analytical method is 

‘‘equally effective’’ (i.e., as effective as a 

method that has already been 

promulgated in the regulations), the 

Safe Drinking Water Act (SDWA) allows 

EPA to approve the use of the 

alternative method through publication 

in the Federal Register. Section 1401(1) 

of SDWA states that the newly approved 

methods ‘‘shall be treated as an 

alternative for public water systems to 

the quality control and testing 

procedures listed in the regulation.’’ 

EPA approved the first set of alternative 

methods using this authority in a 

Federal Register action published on 

June 3, 2008 (73 FR 31616) (USEPA 

2008a). As part of that action, EPA 

added an appendix (Appendix A) to the 

regulations at 40 CFR Part 141, which 

lists the newly approved methods. 

The current Part 141 drinking water 

regulations do not indicate that 

additional approved methods are 

available and are listed in an appendix. 

Therefore, EPA is amending the 

regulations at each section that lists 

approved analytical methods to add 

cross references to Appendix A to 

subpart C of part 141. This will make 

public water systems, laboratories, and 

States more aware of the alternative 

methods. References to the appendix are 

added at the following places: 

—Section 141.21(f)(3) and (f)(6) 

—Section 141.23(k)(1) 

—Section 141.24(e) 

—Section 141.25(a) 

—Section 141.74(a)(1) and (a)(2) 

—Section 141.131(b)(1), (c)(1), and (d) 

—Section 141.402(c)(2) 

—Section 141.704(a) and (b) 

—Section 143.4(b) 

2. Removal of methods that are no 

longer approved. 

When the arsenic maximum 

contaminant level (MCL) was revised to 

0.010 mg/L, some of the analytical 

methods that were previously approved 

for analyzing samples for arsenic were 

no longer sensitive enough to determine 

compliance. EPA added footnote 15 to 

the table at 40 CFR 141.23(k)(1) to 

indicate that use of these methods 

would not be allowed after January 23, 

2006. EPA is updating the listing of 

approved arsenic methods to remove 

methods that are no longer allowed 

(EPA 200.7, SM 3120 B and SM 3120 B– 

99). EPA is also revising footnotes 13 

and 14 to the table to paragraph (k)(1) 

to remove references to methods that are 

no longer approved to determine 

arsenic. EPA is also removing Footnote 

15 and reserving this footnote number 

for future use. 

Paragraph (e)(2) of 40 CFR 141.24 lists 

methods that were approved for use 

until June 1, 2001. Since these methods 

are no longer approved, EPA is 

removing the paragraph. EPA is also 

removing footnote 1 to the table at 40 


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Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 30955 

CFR 141.24(e)(1) because it refers to 40 

CFR 141.24(e)(2). Footnote 1 is reserved 

for future use. The header to the table 

is revised to remove the reference to 

footnote 1. 

3. Source for obtaining copies of 

Technical Notes on Drinking Water 

Methods, EPA–600/R–94–173, October 

1994. 

This document is now available at no 

cost from the National Service Center 

for Environmental Publications 

(NSCEP), P.O. Box 42419, Cincinnati, 

OH 45242–0419 or http://www.epa.gov/ 

nscep/. EPA is updating the following 

regulations to reflect this new 

information: 

—Section 141.23(k)(1) 

—Section 141.74(a)(1) 

—Section 143.4(b) 

D. Summary of Public Comments 

EPA requested public comment in the 

proposed rule (USEPA 2008b) and 

received one comment. This comment is 

available in the docket for this final 

rule. The comment concerns a section of 

the Stage 2 DBPR for which EPA did not 

propose a change, nor was the section 

discussed in the proposed rule. 

Therefore, the comment is outside the 

scope of this rulemaking. The 

commenter noted that the reduced 

monitoring frequency and the 

distribution system monitoring location 

per monitoring period for ground water 

systems serving fewer than 500 people 

in the table in 40 CFR 141.623(a) did not 

agree. Systems in that category that 

qualify for reduced monitoring are 

required to take one TTHM and one 

HAA5 sample every third year, with a 

provision for the system to take a dual 

sample set (a TTHM and an HAA5 

sample taken at the same location and 

the same time) if specific criteria are 

met. The monitoring period in the 

column titled ‘‘Distribution system 

monitoring location per monitoring 

period’’ indicates that the monitoring 

period for a dual sample set is per year, 

rather than every third year, which is 

what it should have been to agree with 

the monitoring frequency. Since the 

Agency did not propose this correction, 

it will not address it in this final action. 

II. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

B. Paperwork Reduction 

This action does not impose any new 

information collection burden. In this 

action, EPA is making a minor 

correction to the Stage 2 DBPR, adding 

references in the Code of Federal 

Regulations (CFR) to the list of methods 

approved under the Expedited Approval 

Process, removing references to 

outdated methods in the CFR, and 

specifying a new source for the 

publication titled Technical Notes on 

Drinking Water Methods. However, the 

Office of Management and Budget 

(OMB) has previously approved the 

information collection requirements 

contained in the Stage 2 DBPR existing 

regulations at 40 CFR Part 141 under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number (number 

2040–0265). The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. There is no 

burden associated with regard to the 

minor, editorial changes in references to 

analytical methods in the CFR. This 

action does not impose any new 

information collection burden under the 

provisions of the Paperwork Reduction 

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

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 governmental 

jurisdictions. 

The RFA provides default definitions 

for each type of small entity. 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 (PWS) serving 10,000 or 

fewer persons. As required by the RFA, 

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 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. 

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. 

This correction does not impose any 

new costs or burdens on PWSs. The 

ground water system monitoring costs 

were accounted for and detailed in the 

Stage 2 DBPR Economic Analysis and 

summarized in the preamble of the 

Stage 2 DBPR (USEPA, 2006a). A copy 

of Stage 2 DBPR and the final rule’s 

Economic Analysis can be found in the 

Docket for this rule. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. This 

rule makes a minor correction to the 

Stage 2 DBPR and minor, editorial 

changes in references to analytical 

methods in the Code of Federal 

Regulations. Therefore, this rule is not 

subject to the requirements of sections 

202 or 205 of UMRA. 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. As 

previously stated, this rule makes a 

minor correction to the Stage 2 DBPR 

and minor, editorial changes in 

references to analytical methods in the 

Code of Federal Regulations; actions 

that will not significantly or uniquely 

affect small governments. 

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 


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30956 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 

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. This rule makes 

a minor correction to the Stage 2 DBPR 

and minor, editorial changes in 

references to analytical methods in the 

Code of Federal Regulations. The Stage 

2 DBPR (USEPA 2006) states that the 

final rule will not have federalism 

implications and, with regard to the 

minor, editorial changes to references of 

analytical methods in the Code of 

Federal Regulations, those changes do 

not impose 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. Thus, Executive 

Order 13132 does not apply to this 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 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule makes a minor 

correction to the Stage 2 DBPR and 

minor, editorial changes in references to 

analytical methods in the Code of 

Federal Regulations, actions that will 

not have tribal implications. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

an environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 18355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

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 final rule does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This rule makes a minor 

correction to the Stage 2 DBPR and 

minor, editorial changes in references to 

analytical methods in the Code of 

Federal Regulations. These actions will 

not have a disproportionately high and 

adverse human health or environmental 

effects on any population, including any 

minority or low-income population. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Enforcement 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 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, 2009. 

References 

USEPA. 2005a. Economic Analysis for the 

Final Stage 2 Disinfectants and Disinfection 

Byproducts Rule. Washington, DC. EPA 815– 

R–05–010. 

USEPA. 2005b. Information Collection 

Request for National Primary Drinking Water 

Regulations: Final Stage 2 Disinfectants and 

Disinfection Byproducts Rule. Washington, 

DC. EPA 815–Z–05–002. 

USEPA. 2006. National Primary Drinking 

Water Regulations: Stage 2 Disinfectants and 

Disinfection Byproducts Rule. EPA 815–Z– 

06–002. 71 FR 4644. January 4, 2006. 

USEPA. 2008a. Expedited Approval of 

Alternative Test Procedures for the Analysis 

of Contaminants Under the Safe Drinking 

Water Act; Analysis and Sampling 

Procedures. 73 FR 17902. June 3, 2008. 

USEPA. 2008b. National Primary Drinking 

Water Regulations: Minor Correction to Stage 

2 Disinfectants and Disinfection Byproducts 

Rule and Changes in References to Analytical 

Methods. EPA 815–Z–08–003. 73 FR 67456. 

November 14, 2008. 

List of Subjects 

40 CFR Part 141 

Environmental protection, Chemicals, 

Incorporation by reference, Indians— 

lands, Intergovernmental relations, 

Radiation protection, Reporting and 

recordkeeping requirements, Water 

supply. 

40 CFR Part 143 

Chemicals, Indians—lands, Water— 

supply. 


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Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 30957 

Dated: June 16, 2009. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set forth 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. 

■ 2. Section 141.21 is amended by 

revising the introductory text preceding 

the table in paragraph (f)(3), and the 

introductory text of paragraph (f)(6), to 

read as follows: 

§ 141.21 Coliform sampling. 

* * * * * 

(f) * * * 

(3) Public water systems must 

conduct total coliform analyses in 

accordance with one of the analytical 

methods in the following table or one of 

the alternative methods listed in 

Appendix A to subpart C of this part. 

* * * * * 

(6) Public water systems must 

conduct analysis of Escherichia coli in 

accordance with one of the following 

analytical methods or one of the 

alternative methods listed in Appendix 

A to subpart C of this part. 

* * * * * 

■ 3. Section 141.23 is amended as 

follows by: 

■ a. Revising the introductory text 

preceding the table in paragraph (k)(1); 

■ b. Revising entry 3 in the table to 

paragraph (k)(1); 

■ c. Revising footnotes 13 and 14 to the 

table to paragraph (k)(1); and 

■ d. Removing and reserving footnote 15 

to the table to paragraph (k)(1). 

§ 141.23 Inorganic chemical sampling and 

analytical requirements. 

* * * * * 

(k) * * * 

(1) Analysis for the following 

contaminants shall be conducted in 

accordance with the methods in the 

following table, or the alternative 

methods listed in Appendix A to 

subpart C of this part, or their 

equivalent as determined by EPA. 

Criteria for analyzing arsenic, barium, 

beryllium, cadmium, calcium, 

chromium, copper, lead, nickel, 

selenium, sodium, and thallium with 

digestion or directly without digestion, 

and other analytical test procedures are 

contained in Technical Notes on 

Drinking Water Methods, EPA–600/R– 

94–173, October 1994. This document is 

available from the National Service 

Center for Environmental Publications 

(NSCEP), P.O. Box 42419, Cincinnati, 

OH 45242–0419 or http://www.epa.gov/ 

nscep/. 

Contaminant Methodology 13 EPA ASTM 3 SM 4 (18th, 

19th ed.) 

SM 4 (20th 

ed.) SM online 22 Other 

* * * * * * * 

3. Arsenic 14 .................. ICP-Mass Spectrometry 2 200.8 

Atomic Absorption; 

Platform.

2 200.9 

Atomic Absorption; Furnace..................... D2972–97, 03 C 3113 B .................... 3113 B–99 

Hydride Atomic Absorption..................... D1972–97, 03 B 3114 B .................... 3114 B–97 

* * * * * * * 

* * * * * 

2 ‘‘Methods for the Determination of Metals in Environmental Samples—Supplement I,’’ EPA/600/R–94/111, May 1994. Available at NTIS, 

PB95–125472. 3Annual Book of ASTM Standards, 1994, 1996, 1999, or 2003, Vols. 11.01 and 11.02, ASTM International; any year containing the cited 

version of the method may be used. The previous version of D1688–95A, D1688–95C (copper), D3559–95D (lead), D1293–95 (pH), D1125–91A 

(conductivity) and D859–94 (silica) are also approved. These previous versions D1688–90A, C; D3559–90D, D1293–84, D1125–91A and D859– 

88, respectively are located in the Annual Book of ASTM Standards, 1994, Vol. 11.01. Copies may be obtained from ASTM International, 100 

Barr Harbor Drive, West Conshohocken, PA 19428. 4Standard Methods for the Examination of Water and Wastewater, 18th edition (1992), 19th edition (1995), or 20th edition (1998). American 

Public Health Association, 1015 Fifteenth Street, NW., Washington, DC 20005. The cited methods published in any of these three editions may 

be used, except that the versions of 3111 B, 3111 D, 3113 B and 3114 B in the 20th edition may not be used. 

* * * * * 

13Because MDLs reported in EPA Methods 200.7 and 200.9 were determined using a 2x preconcentration step during sample digestion, MDLs 

determined when samples are analyzed by direct analysis (i.e., no sample digestion) will be higher. For direct analysis of cadmium by Method 

200.7, sample preconcentration using pneumatic nebulization may be required to achieve lower detection limits. Preconcentration may also be 

required for direct analysis of antimony, lead, and thallium by Method 200.9; antimony and lead by Method 3113 B; and lead by Method D3559– 

90D, unless multiple in-furnace depositions are made. 14 If ultrasonic nebulization is used in the determination of arsenic by Method 200.8, the arsenic must be in the pentavalent state to provide 

uniform signal response. For direct analysis of arsenic with Method 200.8 using ultrasonic nebulization, samples and standards must contain 1 

mg/L of sodium hypochlorite. 15 [Reserved] 

* * * * * 

22Standard Methods Online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard 

Methods Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be 

used. 

* * * * * 

■ 4. Section 141.24 is amended by: 

■ a. Revising paragraph (e) introductory 

text; 

■ b. Removing and reserving footnote 1 

to the table to paragraph (e)(1); and 

■ c. Removing and reserving paragraph 

(e)(2). 

§ 141.24 Organic chemicals, sampling and 

analytical requirements. 

* * * * * 

(e) Analyses for the contaminants in 

this section shall be conducted using 

the methods listed in the following 

table, or the alternative methods listed 

in Appendix A to subpart C of this part, 


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or their equivalent as determined by 

EPA. 

(1) * * * 

Contaminant EPA 

method 

Standard 

methods ASTM Other 

* * * * * * * 

1 [Reserved] 

* * * * * 

(2) [Reserved] 

* * * * * 

■ 5. Section 141.25 is amended by 

revising the introductory text preceding 

the table in paragraph (a) to read as 

follows: 

§ 141.25 Analytical methods for 

radioactivity. 

(a) Analysis for the following 

contaminants shall be conducted to 

determine compliance with § 141.66 

(radioactivity) in accordance with the 

methods in the following table, or the 

alternative methods listed in Appendix 

A to subpart C this part, or their 

equivalent determined by EPA in 

accordance with § 141.27. 

* * * * * 

■ 6. Section 141.74 is amended by 

revising the introductory text preceding 

the tables in paragraphs (a)(1) and (a)(2) 

to read as follows: 

§ 141.74 Analytical and monitoring 

requirements. 

(a) * * * 

(1) Public water systems must 

conduct analysis of pH and temperature 

in accordance with one of the methods 

listed at § 141.23(k)(1). Public water 

systems must conduct analysis of total 

coliforms, fecal coliforms, heterotrophic 

bacteria, and turbidity in accordance 

with one of the following analytical 

methods or one of the alternative 

methods listed in Appendix A to 

subpart C of this part and by using 

analytical test procedures contained in 

Technical Notes on Drinking Water 

Methods, EPA–600/R–94–173, October 

1994. This document is available from 

the National Service Center for 

Environmental Publications (NSCEP), 

P.O. Box 42419, Cincinnati, OH 45242– 

0419 or http://www.epa.gov/nscep/. 

* * * * * 

(2) Public water systems must 

measure residual disinfectant 

concentrations with one of the 

analytical methods in the following 

table or one of the alternative methods 

listed in Appendix A to subpart C of 

this part. If approved by the State, 

residual disinfectant concentrations for 

free chlorine and combined chlorine 

also may be measured by using DPD 

colorimetric test kits. In addition States 

may approve the use of the ITS free 

chlorine test strip for the determination 

of free chlorine. Use of the test strips is 

described in Method D99–003, ‘‘Free 

Chlorine Species (HOCl¥ and OCl¥) by 

Test Strip,’’ Revision 3.0, November 21, 

2003, available from Industrial Test 

Systems, Inc., 1875 Langston St., Rock 

Hill, SC 29730. Free and total chlorine 

residuals may be measured 

continuously by adapting a specified 

chlorine residual method for use with a 

continuous monitoring instrument 

provided the chemistry, accuracy, and 

precision remain the same. Instruments 

used for continuous monitoring must be 

calibrated with a grab sample 

measurement at least every five days, or 

with a protocol approved by the State. 

* * * * * 

■ 7. Section 141.131 is amended by 

revising paragraphs (b)(1) introductory 

text, (c)(1) introductory text, and (d) 

introductory text to read as follows: 

§ 141.131 Analytical requirements. 

* * * * * 

(b) * * * (1) Systems must measure 

disinfection byproducts by the methods 

(as modified by the footnotes) listed in 

the following table or one of the 

alternative methods listed in Appendix 

A to subpart C of this part: 

* * * * * 

(c) * * * (1) Systems must measure 

residual disinfectant concentration for 

free chlorine, combined chlorine 

(chloramines), and chlorine dioxide by 

the methods listed in the following table 

or one of the alternative methods listed 

in Appendix A to subpart C of this part: 

* * * * * 

(d) Additional analytical methods. 

Systems required to analyze parameters 

not included in paragraphs (b) and (c) 

of this section must use the following 

methods or one of the alternative 

methods listed in Appendix A to 

subpart C of this part. A party approved 

by EPA or the State must measure these 

parameters. 

* * * * * 

■ 8. Section 141.402 is amended by 

revising paragraph (c)(2) introductory 

text preceding the table to read as 

follows: 

§ 141.402 Ground water source microbial 

monitoring and analytical methods. 

* * * * * 

(c) * * * 

(2) A ground water system must 

analyze all ground water source samples 

collected under paragraph (a) of this 

section using one of the analytical 

methods listed in the following table in 

paragraph (c)(2) of this section or one of 

the alternative methods listed in 

Appendix A to subpart C of this part for 

the presence of E. coli, enterococci, or 

coliphage: 

* * * * * 

■ 9. Section 141.605 is amended by 

revising footnote 2 to the table in 

paragraph (b) to read as follows: 

§ 141.605 Subpart V compliance 

monitoring location recommendations. 

* * * * * 

(b) * * * 

2Systems on quarterly monitoring 

must take dual sample sets every 90 

days at each monitoring location, except 

for subpart H systems serving 500– 

3,300. Ground water systems serving 

500–9,999 on annual monitoring must 

take dual sample sets at each monitoring 

location. All other systems on annual 

monitoring and subpart H systems 

serving 500–3,300 are required to take 

individual TTHM and HAA5 samples 

(instead of a dual sample set) at the 

locations with the highest TTHM and 

HAA5 concentrations, respectively. For 

systems serving fewer than 500 people, 

only one location with a dual sample set 

per monitoring period is needed if the 

highest TTHM and HAA5 

concentrations occur at the same 

location and month. 

* * * * * 

■ 10. Section 141.621 is amended by 

revising footnote 2 to the table in 

paragraph (a)(2) to read as follows: 

§ 141.621 Routine monitoring. 

(a) * * * 

(2) * * * 

2Systems on quarterly monitoring 

must take dual sample sets every 90 

days at each monitoring location, except 

for subpart H systems serving 500– 

3,300. Ground water systems serving 

500–9,999 on annual monitoring must 

take dual sample sets at each monitoring 


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Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 30959 

location. All other systems on annual 

monitoring and subpart H systems 

serving 500–3,300 are required to take 

individual TTHM and HAA5 samples 

(instead of a dual sample set) at the 

locations with the highest TTHM and 

HAA5 concentrations, respectively. For 

systems serving fewer than 500 people, 

only one location with a dual sample set 

per monitoring period is needed if the 

highest TTHM and HAA5 

concentrations occur at the same 

location and month. 

* * * * * 

■ 11. Section 141.704 is amended by 

revising paragraphs (a) introductory text 

and (b) introductory text to read as 

follows: 

§ 141.704 Analytical methods. 

(a) Cryptosporidium. Systems must 

analyze for Cryptosporidium using 

Method 1623: Cryptosporidium and 

Giardia in Water by Filtration/IMS/FA, 

2005, United States Environmental 

Protection Agency, EPA–815–R–05–002 

or Method 1622: Cryptosporidium in 

Water by Filtration/IMS/FA, 2005, 

United States Environmental Protection 

Agency, EPA–815–R–05–001, which are 

incorporated by reference, or alternative 

methods listed in Appendix A to 

subpart C of this part. The Director of 

the Federal Register approves this 

incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. You may obtain a copy of 

these methods online from http:// 

www.epa.gov/safewater/disinfection/lt2 

or from the United States Environmental 

Protection Agency, Office of Ground 

Water and Drinking Water, 1201 

Constitution Ave., NW., Washington, 

DC 20460 (Telephone: 800–426–4791). 

You may inspect a copy at the Water 

Docket in the EPA Docket Center, 1301 

Constitution Ave., NW., Washington, 

DC (Telephone: 202–566–2426) or at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html. 

* * * * * 

(b) E. coli. System must use methods 

for enumeration of E. coli in source 

water approved in § 136.3(a) of this 

chapter or alternative methods listed in 

Appendix A to subpart C of this part. 

* * * * * 

PART 143—NATIONAL SECONDARY 

DRINKING WATER REGULATIONS 

■ 12. The authority citation for part 143 

continues to read as follows: 

Authority: U.S.C. 300f, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–4, 

300j–9, and 300j–11. 

■ 13. Section 143.4 is amended by 

revising the introductory text preceding 

the table in paragraph (b) to read as 

follows: 

§ 143.4 Monitoring. 

* * * * * 

(b) Measurement of pH, copper and 

fluoride to determine compliance under 

§ 143.3 may be conducted with one of 

the methods in § 141.23(k)(1). Analyses 

of aluminum, chloride, foaming agents, 

iron, manganese, odor, silver, sulfate, 

total dissolved solids (TDS) and zinc to 

determine compliance under § 143.3 

may be conducted with the methods in 

the following table or alternative 

methods listed in Appendix A to 

subpart C of part 141. Criteria for 

analyzing aluminum, copper, iron, 

manganese, silver and zinc samples 

with digestion or directly without 

digestion, and other analytical test 

procedures are contained in Technical 

Notes on Drinking Water Methods, EPA– 

600/R–94–173, October 1994. This 

document is available from the National 

Service Center for Environmental 

Publications (NSCEP), P.O. Box 42419, 

Cincinnati, OH 45242–0419 or http:// 

www.epa.gov/nscep/. 

* * * * * 

[FR Doc. E9–14598 Filed 6–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3830 

[LLWO3200000–L1999000.PP0000] 

RIN 1004–AE09 

Required Fees for Mining Claims or 

Sites 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is promulgating this 

final rule to make statutorily authorized 

adjustments to its location and 

maintenance fees for unpatented mining 

claims, mill sites, and tunnel sites. 

These adjustments reflect changes in the 

Consumer Price Index (CPI), which is 

published by the Bureau of Labor 

Statistics. 

DATES: The final rule is effective June 

29, 2009. 

ADDRESSES: You may mail inquiries to 

the Bureau of Land Management—Solid 

Minerals Division, Room 501 LS, 1849 

C Street, NW., Washington, DC 20240– 

0001. 

FOR FURTHER INFORMATION CONTACT: Rick 

Deery in the Solid Minerals Division at 

(202) 452–0353. For assistance in 

reaching Mr. Deery, persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service at 1 (800) 877–8339, 24 

hours a day, 7 days a week. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of the Final Rule 

III. Procedural Matters 

I. Background 

The Mining Law of 1872 allows 

individuals and corporations to 

prospect for mineral deposits in public 

lands, and stake (or ‘‘locate’’) a claim on 

the deposits discovered. Historically, 

annual assessment work and related 

filings have been required by statute in 

order to maintain an unpatented mining 

claim or site. 30 U.S.C. 28–28e; 43 

U.S.C. 1744(a) and (c). 

Beginning in fiscal year 1993, mining 

claimants have been required to pay an 

annual ‘‘maintenance’’ fee in lieu of 

performing annual assessment work and 

making annual filings. Mining claimants 

locating new claims or sites must also 

pay a one-time location fee. See 30 

U.S.C. 28f–28k. 

This rule implements 30 U.S.C. 28j(c), 

which authorizes adjustments to the 

location and annual maintenance fees 

‘‘to reflect changes in the Consumer 

Price Index published by the Bureau of 

Labor Statistics of the Department of 

Labor every 5 years after August 10, 

1993, or more frequently if the Secretary 

determines an adjustment to be 

reasonable.’’ Section 28j(c) also requires 

that mining claimants be provided 

‘‘notice of any adjustment made under 

this subsection not later than July 1 of 

any year in which the adjustment is 

made,’’ and that any fee adjustment 

‘‘shall begin to apply the first 

assessment year which begins after 

adjustment is made.’’ 

As enacted in 1993, the one-time 

location fee was $25, and the annual 

maintenance fee was $100 per mining 

claim or site. In 2004, the BLM 

increased the amount of the location 

and maintenance fees to $30 and $125 

respectively, based on the change in the 

CPI from September 1, 1993 to 

December 31, 2003. 69 FR 40294–40296 


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