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EPA/WATER RIN: 2040-AF19 Publication ID: Fall 2010 
Title: National Primary Drinking Water Regulations: Radionuclides(Completion of a Section 610 Review) 
Abstract: On December 7, 2000 (65 FR 76708), EPA promulgated final revised and/or new national primary drinking water regulations (NPDWRs) for nonradon radionuclides as authorized by the Safe Drinking Water Act (SDWA). In this action, referred to as the Radionuclides Rule, EPA promulgated maximum contaminant level goals (MCLGs), maximum contaminant levels (MCLs), monitoring, reporting, and public notification requirements for gross alpha particle activity, combined radium-226 and 228, beta particle and photon activity and uranium. The Radionuclides Rule became effective on December 8, 2003. Pursuant to section 610 of the Regulatory Flexibility Act, EPA has reviewed this rule to determine if it should be continued without change, or should be rescinded or amended to minimize adverse economic impacts on small entities. This review was announced in the Regulatory Agenda on April 26, 2010 (75 FR 21883). As part of this review, EPA considered, and solicited comments on, the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. EPA received five comment letters. The results of EPA’s review have been summarized in a report and placed in the rulemaking docket (docket number EPA-HQ-OW-2010- 0166 at www.regulations.gov). These results are briefly summarized here. There was consensus among the commenters about the continued need for the Radionuclides Rule, because it serves as an important tool to protect the health of people who get their drinking water from public systems using sources of water with high levels of radionuclides. While none of the commenters expressed a need to rescind the rule, most of the comments were aimed at suggesting that the Agency make clarifications in certain areas of the rule to aid small entities in its rule compliance. After reviewing all the comments regarding this Section 610 review the Agency has concluded that revisions or amendments to the Radionuclides rule are not warranted at this time. However, EPA is evaluating the need to provide additional guidance and clarification on those issues raised by the commenters to assist in the rule implementation. The Agency bases its decision to not revise or amend the rule at this time on the analysis conducted during the promulgation of the rule which were aimed at reducing economic burden on small entities. Among the measures that the Agency took to minimize impacts on small entities are: (1) The selection of a less stringent MCL for uranium, (2) a reduction in the overall monitoring frequencies for systems with radionuclides levels less than the MCL, (3) allowance of grandfathered data and State monitoring discretion for determining the initial monitoring baseline, and (4) the exclusion of nontransient, non-community water systems from the radionuclides regulations. EPA will continue to evaluate the effectiveness of the Radionuclides rule and the potential to decrease the rule’s implementation burden within the framework provided by the SDWA and other agency initiatives. EPA continues to view the NPDWRs for radionuclides as important to ensure and protect the health of consumers served by public drinking water systems and intends to continue to require compliance with these NPDWRs. 
Agency: Environmental Protection Agency(EPA)  Priority: Info./Admin./Other 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
RFA Section 610 Review: Completion of a Section 610 Review 
CFR Citation: 40 CFR 9, 141, 142     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 USC 610   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  12/07/2000  65 FR 76708   
Begin Review  04/26/2010  75 FR 21883   
End Comment Period  07/26/2010    
End Review  09/10/2010    
Additional Information: Related to RIN 2040-AC98; EPA Docket information: EPA-HQ-OW-2010-0166
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Stephanie Flaharty
Environmental Protection Agency
Water
Environmental Protection Agency, Water, Mail Code 4601M,
Washington, DC 20460
Phone:202 564-5072
Email: flaharty.stephanie@epa.gov

Tracy Bone
Environmental Protection Agency
Water
4601M,
Washington, DC 20460
Phone:202 564-5257
Fax:202 564-3753
Email: Bone.Tracy@epamail.epa.gov