Thursday
June 2Q, 1995
Part X
Environmental
Protection Agency
40 CFR Part 141
National Primary and Secondary Drinking
Water Regulations; Analytical Methods for
Regulated Drinking Water Contaminants;
Final Rule
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34084 Federal Register / Vol. 60, No. 125 / Thursday, June 29, 1995 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
[WH-FRL-6349-6]
National Primary and Secondary
Drinking Water Regulations: Analytical
Methods for Regulated Drinking Water
Contaminants
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; technical corrections.
SUMMARY! EPA is amending the National
Primary Drinking Water Regulations to
correct typographical errors and minor
technical mistakes or omissions.
EFFECTIVE DATE: These corrections are
effective June 29,1995.
FOR FURTHER INFORMATION CONTACT: Dr.
Jitendra Saxena, Drinking Water
Standards Division, Office of Ground
Water and Drinking Water (4603), U.S.
Environmental Protection Agency, 401
M Street, SW., Washington, DC 20460,
(202) 260-9579.
SUPPLEMENTARY INFORMATION: In 1994,
EPA promulgated the use of several new
methods and updated versions of
previously approved methods, and
withdrew outdated methods for analysis
of contaminants in drinking water (59
FR 62456, December 5,1994). In 1992,
EPA promulgated Maximum
Contaminant Level Goals and National
Primary Drinking Water Regulations for
23 contaminants (Phase V) (57 FR
31776, July 17,1992). These regulations
contained typographical and minor
technical errors which are corrected by
this rule.
The Administrative Procedures Act, 5
U.S.C. 553, provides that when an
Agency finds good cause, it may issue
a rule without first providing notice and
comment and make the rule
immediately effective. This rule corrects
errors and omissions in 40 CFR 141.
These revisions are very minor and the
Agency believes that neither comment
nor a delayed effective date is necessary
or in the public interest. Accordingly,
EPA finds that there is good cause not
to solicit comment on this rule and to
have the revisions immediately
effective.
Corrections to the Regulation
This rule corrects errors in the
regulatory language. These corrections
are described below:
This rule corrects an omission from
footnote 1 to the table in § I41.2l(f)(3)
by adding a line about storage
temperature for samples. The preamble
to the final rule (59 FR 62456, December
5,1994) states that a footnote specifying
coliform sample transit time and
temperature would be added at
§ 141.21(fJ(3). However, footnote 1 in
the final rule covers transit time but
omits transit temperature. The revised
footnote encourages but does not require
systems to hold samples at 10°C. This
rule also corrects footnote 2 to the table
in § 141.21(f)(3) by adding "and false-
negative rate" after "false-positive rate".
In deciding if lactose broth as
commercially available may be used in
lieu of lauryl tryptose broth, both false-
positive rate and false-negative rates
should be less than 10 percent. The
false-negative rate was inadvertently
omitted.
This rule makes a correction to the
table in § 141.23(k)(l) by changing the
analytical method for temperature from
2550B to 2550. The method citation
2550B refers to the second paragraph of
Method 2550. Because the first
paragraph (paragraph A) contains
relevant introductory description, the
complete method will be cited as 2550.
Reference to Standard Method 2550
throughout the regulatory language
should be helpful to avoid confusion.
This rule makes correction to the table
in § 141.23(k)(4) by deleting footnote 1.
The first sentence in the footnote
explained an option to ice samples. The
second sentence explained a
requirement already contained in the
method. Because both sentences can be
understood from the method itself, the
footnote is redundant and is removed.
As a result the remaining footnotes and
superscripts in the table referring to
footnotes are renumbered. This rule also
corrects a typographical error in the
table by changing NAOH to NaOH in the
preservative column for the
contaminant cyanide.
This rule corrects the table in
§ 141.24(h)(18) by changing
Dibromochloropropane (DBCP) to 1,2-
Dibromo-3-chloropropane (DBCP). The
name of the compound as given in the
table covers more than one isomer while
the method for DBCP actually measures
this specific isomer. The correction in
no way affects the ease or difficulty in
achieving detection limit for DBCP.
This rule corrects an inadvertent
deletion that occurred in the December
5,1995 document. Today's rule restores
the trihalomethane (THM) sampling
instructions and maximum total
trihalomethane (TTHM) potential
instructions previously contained in
§ 141.30. Part III of Appendix C of
§ 141.30 has been modified to remove
reference to EPA methods 501.1 and
501.2 which were withdrawn. The
modified text is no longer called Part III
of Appendix C; it is now included as
§ 141.30(g). Section 141.30(c)(l) has also
been amended to include reference to
the procedure for maximum TTHM
potential.
The rule corrects an omission in
footnote 2 to the table in § 141.74(a)(l)
by adding a line about storage
temperature for samples. The revised
footnote encourages but does not require
systems to hold samples at 10°C. An
omission in footnote 2 to the table in
§ 141.74(a)(l) has been corrected by
adding the term "and false-negative
rate" after "false-positive rate." The
rationales for these corrections are
provided earlier in the section
discussing similar corrections to
§141.21(fJ(3).
The introductory part of § 141.74(a)(l)
has been revised to refer to
§ 141.23(k)(l) for temperature
measurement methodology. This is
being done for clarity. As a result of this
revision, EPA is deleting the reference
to temperature in the table in
§ 141.74(a)(l). This rule also corrects
several typographical errors in the table
in § 141.74(a)(l). The corrections
include: Addition of superscript 2 on
total coliform and on fecal coliform for
reference to footnote 2, moving the
numbers 3,4,5 next to total coliform
fermentation technique from their
current position to superscript position,
deleting "MPN" from the methodology
entitled "Fecal Coliform MPN
Procedure" consistent with editorial
changes in the 18th edition of Standard
Methods for the Examination of Water
and Wastewater, 1992, changing "Fecal
Coliforms" to "Fecal Coliform", and
changing Heterot-rophic to Hetero-
trophic.
Regulation Assessment Requirements
A. Executive Order 12866
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
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Federal Register / Vol. 60, No. 125 / Thursday, June 29, 1995 / Rules and Regulations 34085
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.
This rule makes only technical and
typographical corrections in a previous
rule. Therefore, this rule is not a
"significant regulatory action" under
the terms of Executive Order 12866 and
is therefore not subject to OMB review.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act
requires EPA to explicitly consider the
effect of these regulations on small
entities. By policy, EPA has decided to
consider regulatory alternatives if there
is any economic impact on any small
entities. This rule does not impose
additional requirements, it only makes
minor technical and typographical
corrections in previous rules.
C. Paperwork Reduction Act
The rule contains no requests for
information and consequently is not
subject to the Paperwork Reduction Act,
44 U.S.C. 3501 et seq.
D. Unfunded Mandate Reform Act
Title II of the Unfunded Mandate
Reform Act of 1995 (UMRA), Pub. L.
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, or
tribal governments, in the aggregate, or
to the private sector, of $100 million or
more in any one year. When such a
statement is needed for an EPA rule,
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
more cost-effective 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, giving them
meaningful and timely input in the
development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising them
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, and tribal governments or
the private sector because the rule
merely corrects typographical errors and
minor technical mistakes or omissions.
Thus today's rule is not subject to the
requirements of sections 202 and 205 of
the UMRA. For the same reason, EPA
has determined that this rule contains
no regulatory requirements that might
significantly or uniquely affect small
governments.
List of Subjects in 40 CFR Part 141
Environmental protection, Chemicals,
Analytical methods, Water supply.
Dated: June 23,1995.
Dana D. Minerva,
Deputy Assistant Administrator, Office of
Water.
For the reasons set forth in the
preamble, part 141 of chapter I, title 40
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-l, 300g-2,
300g-3, 300g-4, 300g-5, 300g-6, 300J-4,
300J-9.
2. Section 141.21 is amended by
revising footnotes 1 and 2 to the table
in paragraph (f)(3) to read as follows:
§141.21 Coliform sampling.
* * * * • *
(f) * * *
{3} * * *
1 The time from sample collection to
initiation of analysis may not exceed 30
hours. Systems are encouraged but not
required to hold samples below 10°C during
transit.
2 Lactose hroth, as commercially available,
may be used in lieu of laurel tryptose broth,
if the system conducts at least 25 parallel
tests between this medium and lauryl
tryptose broth using the water normally
tested, and this comparison demonstrates
that the false-positive rate and false-negative
rate for total coliforms, using lactose broth,
is less than 10 percent.
*****
3. In the table in § 141.23(k)(l) the
entry "temperature" in the contaminant
column is amended by revising the
entry "2550B" to read "2550" in the SM
column.
4. The table in § 141.23(k)(2) is
amended by removing footnote 1 and
redesignating footnotes 2 through 4 as
footnotes 1 through 3 respectively and
by revising the entry for "cyanide" to
read as follows:
§ 141.23 Inorganic chemical sampling for
analytical requirements.
(k)
(2)
* *
* *
Contaminant
Preservative
Container»
Time*
Cyanide Cool, 4°C, NaOH to pH>123
PorG
14 days
1 P=plastic, hard or soft; G=glass, hard or soft.
2 In all cases, samples should be analyzed as soon after collection as possible.
3 See method(s) for the information for preservation.
§141.24 [Amended]
5. The table in § 141.24(h)(18) is
amended by revising the contaminant
"Dibromochloropropane (DBCP)" to
read "l,2-Dibromo-3-chloropropane
(DBCP)".
6. Section 141.30 is amended by
revising the second sentence in
paragraph (c)(l) and revising paragraph
(e), and adding a new paragraph (g) to
read as follows:
§ 141.30 Total trihalomethane sampling,
analytical and other requirements.
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34086 Federal Register / Vol. 60, No. 125 / Thursday, June 29, 1995 / Rules and Regulations
(c) * * *
(1) * * * The system shall submit
the results of at least one sample for
maximum TTHM potential using the
procedure specified in paragraph (g) of
this section. A sample must he analyzed
from each treatment plant used hy the
system and be taken at a point in the
distribution system reflecting the
maximum residence time of the water in
the system. * * *
*****
(e) Sampling and analyses made
pursuant to this section shall be
conducted by one of the total
Uihalomethane methods as directed in
§ 141.24(e), and the Technical Notes on
Drinking Water Methods, EPA-600/R-
94-173, October 1994, which is
available from NTIS, PB-104766.
Samples for TTHM shall be
dochlorinated upon collection to
prevent further production of
trihalomethanes, according to the
procedures described in the methods,
except acidification is not required if
only THMs or TTHMs are to be
determined. Samples for maximum
TTHM potential should not be
dechlorinated or acidified, and should
be held for seven days at 25°C (or above)
prior to analysis.
* * * * . *
(g) The water sample for
determination of maximum total
trihalomethane potential is taken from a
point in the distribution system that
reflects maximum residence time.
Procedures for sample collection and
handling are given in the methods. No
reducing agent is added to "quench" the
chemical reaction producing THMs at
the time of sample collection. The intent
is to permit the level of THM precursors
to be depleted and the concentration of
THMs to be maximized for the supply
being tested. Four experimental
parameters affecting maximum THM
production are pH, temperature,
reaction time and the presence of a
disinfectant residu-U. These parameters
are dealt with as follows: Measure the
disinfectant residual at the selected
sampling point. Proceed only if a
measurable disinfectant residual is
present. Collect triplicate 40 ml water
samples at the pH prevailing at the time
of sampling, and prepare a method
blank according to the methods. Seal
and store these samples together for
seven days at 25°C or above. After this
time period, open one of the sample
containers and check for disinfectant
residual. Absence of a disinfectant
residual invalidates the sample for
further analysis. Once a disinfectant
residual has been demonstrated, open
another of the sealed samples and
determine total THM concentration
using an approved analytical method.
7. Section 141.74 is amended by
revising paragraph (a)(l) 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)(l). Public water
systems must conduct analysis of total
coliforms, fecal coliforms, heterotrophic
bacteria, and turbidity in accordance
with one of the following analytical
methods and by using analytical test
procedures contained in Technical
Notes on Drinking Water Methods, EPA—
600/R-94-173, October 1994, which is
available at NTIS PB95-104766.
Organism
Total Coliforms2.
Fecal Coll forms2 .... . .
Hotorotrophic bacteria2
Turbidity
Methodology
Total Coliform fermentation Technique3-4*5
Total coliform membrane filter technique
ONPG-mug test membrane6
Fecal Coliform filter procedure
Pour Plate method
Nephelometric method
Nephelometric method
Great Lakes instruments
Citation1
9221 A B C
9222A, B, C
9223
9221 E
9222D
921 5B •
21 SOB
180.1s
Method 2 9
' Except where noted, all methods refer to the 18th edition of Standard Methods for the Examination of Water and Wastewater, 1992, Amer-
ican Pubic Health Association, 1015 Fifteenth Street NW, Washington, D.C. 20005.
2The ttma from sample collection to initiation of analysis may not exceed 8 hours. Systems are encouraged but not required to hold samples
below 10*C during transit.
9 Lactose broth, as commercially available, may be used in lieu of lauryl tryptose broth, if the system conducts at least 25 parallel tests be-
tween this medium and lauryl tryptose broth using the water normally tested, and this comparison demonstrates that the false positive rate and
falsa negative rate for total coliforms, using lactose broth, is less than 10 percent.
4 Media should cover Inverted tubes at least one-half to two-thirds after the sample is added.
6 No requirement exists to run the completed phase on 10 percent of all total coliform-positive confirmed tubes.
°The ONPG-MUG Test is also known as the Autoanalysis Colilert System.
7A-1 Broth may be held up to three months in a tightly closed screwcap tube at 4°C.
•"Methods tor the Determination of Inorganic Substances in Environmental Samples", EPA-600/R-93-100, August 1993. Available at NTIS,
P894-121811.
«GLI Method 2. 'Turbidity", November 2, 1992, Great Lakes Instruments, Inc., 8855 North 55th Street, Milwaukee, Wisconsin 53223.
IFR Doc. 95-16004 Filed 6-28-95; 8:45 am]
BttJJNQ CODE M40-50-P
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