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EPA/WATER RIN: 2040-AF24 Publication ID: Fall 2011 
Title: National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring (Section 610 Review)(Completion of a Section 610 Review) 
Abstract: On January 22, 2001, EPA revised the Maximum Contaminant Level (MCL) for arsenic to 0.010 mg/L (10.0 µg/L). This regulation applies to non-transient non-community water systems and to community water systems (66 FR 6976). While EPA took steps to evaluate and mitigate impacts on small entities as part of the promulgation of the Arsenic Rule, EPA reviewed the National Primary Drinking Water Rule (NPDWR) for arsenic pursuant to section 610 of the Regulatory Flexibility Act (5 USC 610). 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 the technology, economic conditions or other factors have changed in the area affected by the rule. EPA has reviewed comments received in response to this review, which identified concerns related to the cost associated with treatment, disposal of waste streams, compliance determinations for the maximum contaminant level (MCL), risk communication and difficulty using alternative treatment technologies. EPA identified available resources to address these concerns and has made a determination not to revise the regulation at this time. See EPA's report summarizing the results of this review in the docket EPA-OW-2010-0728. This docket can be accessed at www.regulations.gov. 
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: Not Yet Determined     (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 Rule  01/22/2001  66 FR 6976   
Initiate 610 Review  12/20/2010  75 FR 79856   
End Comment Period  02/18/2011    
Completion of 610 Review  08/16/2011    
Additional Information: EPA Docket information: EPA-OW-2010-0728
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: http://www.epa.gov/sbrefa/section-610.html  
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