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EPA/WATER RIN: 2040-AD38 Publication ID: Fall 2003 
Title: National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule 
Abstract: This regulation, along with a Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) that will be promulgated simultaneously, is intended to expand existing public health protections and address concerns about risk trade-offs between pathogens and disinfection byproducts. This rule could affect all public water systems that add a disinfectant to the drinking water during any part of the treatment process although the impacts may be limited to community water systems (CWSs) and nontransient noncommunity water systems (NTNCWSs). Promulgating the LT2ESWTR and the Stage 2 DBPR as a paired rulemaking is necessary to ensure that adequate protection from microbial risk is maintained while EPA manages risk from disinfection byproducts. In developing the Stage 2 DBPR, EPA analyzed a significant body of new survey data on source water quality parameters, treatment data and disinfection byproduct occurrence. This survey data, which was collected under the Information Collection Rule (ICR), Supplemental Surveys to the ICR, and additional research projects, provide a substantially more comprehensive and complete picture of the occurrence of DBPs and microbiological pathogens than was available previously. EPA also used new information on the health effects of exposure to DBPs to determine effective regulatory requirements for controlling risk. On March 30, 1999, EPA reconvened a committee of stakeholders under the Federal Advisory Committee Act (FACA) to assist in the development of these rules; an Agreement in Principle was signed in September 2000 outlining the proposed rule options. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: State, local, or tribal governments; Private Sector 
CFR Citation: 40 CFR 141 to 142    40 CFR 9   
Legal Authority: 42 USC 300f    42 USC 300g-2    42 USC 300g-3    42 USC 300g-4    42 USC 300g-5    42 USC 300g-6    42 USC 300j-4    42 USC 300j-9    42 USC 300j-11   
Legal Deadline:
Action Source Description Date
Final  Statutory    07/14/2003 

Statement of Need: The purpose of the Stage 2 Disinfectants/Disinfection Byproducts Rule (DBPR) is to reduce potential health risks posed by disinfection byproducts (DBPs). Certain DBPs have been shown in laboratory tests to be carcinogens or to cause adverse reproductive and developmental health effects. In addition, epidemiology studies have indicated that exposure to chlorinated water may increase the risk of bladder cancer, miscarriage, and certain developmental defects. The Stage 2 DBPR is designed to reduce peak events in DBP exposure in order to mitigate these potential health risks.

Summary of the Legal Basis: Section 1412(b)(2)(C) of SDWA, as amended in 1996, requires EPA to promulgate a Stage 2 Disinfectants/Disinfection Byproducts Rule no later than July 14, 2003. Although the 1996 Amendments do not require EPA to finalize a Long Term 2 Enhanced Surface Water Treatment Rule along with the Stage 2 Disinfectants and Disinfection Byproducts Rule, Congress did emphasize the importance of ensuring proper balance between microbial and DBP risks and, therefore, EPA believes it is important to finalize these rules together.

Alternatives: EPA is considering various rule scenarios to achieve reductions in disinfection byproduct exposure. These alternatives include: decreasing the standard set in the Stage 1 DBPR (0.080 mg/L total trihalomethanes (TTHM) and 0.060 mg/L the sum of 5 haloacetic acids (HAA5)) by half and maintaining a running annual average compliance calculation; maintaining 80/60 TTHM/HAA5 standards but revising the compliance calculation to a stricter locational running annual average; setting the 80/60 TTHM/HAA5 standard as a never to be exceeded maximum; and revising the standard for bromate which is currently 0.010 mg/L. EPA has also considered options to reduce the impact on small systems.

Anticipated Costs and Benefits: EPA estimates that the Stage 2 DBPR will have an annual economic impact of $59-65 million. Over 200 million people are served by public water systems that apply a disinfectant (e.g., chlorine) to water in order to provide protection against microbial contaminants and potentially exposed to DBPs. Thus, a large number of people will benefit from the Stage 2 DBPR.

Risks: Over 200 million people are served by public water systems that apply a disinfectant (e.g., chlorine) to water in order to provide protection against microbial contaminants. Due to the large number of people exposed to DBPs, there is a substantial concern for any risks associated with DBPs that may impact public health. EPA estimates that the Stage 2 DBPR will decrease exposure to DBPs on average but more importantly, the rule will significantly reduce exposure to peak occurrences of DBPs.

Timetable:
Action Date FR Cite
NPRM  08/18/2003  68 FR 49548   
Final Action  07/00/2004    
Additional Information: SAN 4342.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses  Federalism: Yes 
Included in the Regulatory Plan: Yes 
Sectors Affected: 22131 Water Supply and Irrigation Systems 
Agency Contact:
Tom Grubbs
Environmental Protection Agency
Water
4607,
Washington, DC 20460
Phone:202 564-5262
Fax:202 564-3767
Email: grubbs.thomas@epa.gov

Stig Regli
Environmental Protection Agency
Water
4607M, 4607,
Washington, DC 20460
Phone:202 564-5270
Fax:202 564-3767
Email: regli.stig@epa.gov