EPA 815-Z-03-005
Monday,

August 18, 2003
Part II



Environmental

Protection Agency

40 CFR Parts 141, 142, and 143

National Primary Drinking Water
Regulations: Stage 2 Disinfectants and
Disinfection Byproducts Rule; National
Primary and Secondary Drinking Water
Regulations: Approval of Analytical
Methods for Chemical Contaminants;
Proposed Rule

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Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Parts 141,142 and 143
[FRL-7530-3]
RIN 2040-AD38

National Primary Drinking Water
Regulations: Stage 2 Disinfectants and
Disinfection Byproducts Rule; National
Primary and Secondary Drinking Water
Regulations: Approval of Analytical
Methods for Chemical Contaminants

AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule.

SUMMARY: In this document, the
Environmental Protection Agency (EPA)
is proposing maximum contaminant
level goals (MCLGs) for chloroform,
monochloroacetic acid (MCAA) and
trichloroacetic acid (TCAA); National
Primary Drinking Water Regulations
(NPDWRs) which consist of maximum
contaminant levels (MCLs) and
monitoring, reporting, and public
notification requirements for total
trihalomethanes (TTHM—a sum of
chloroform, bromodichIoromethane,
dibromochloromethane, and
bromoform) and haloacetic acids
(HAA5—a sum of mono-, di-, and
trichloroacetic acids and mono- and
dibromoacetic acids); and revisions to
the reduced monitoring requirements
forbromate. This document also
                      specifies the beet available technologies
                      (BATs) for the proposed MCLs. EPA is
                      also proposing additional analytical
                      methods for the determination of
                      disinfectants and disinfection
                      byproducts (DBFs) in drinking water
                      and proposing to extend approval of
                      DBF methods for the determination of
                      additional chemical contaminants. This
                      set of regulations proposed today is
                      known as the Stage 2 Disinfectants and
                      Disinfection Byproducts Rule (Stage 2
                      DBPR). EPA's objective for the Stage 2
                      DBPR is to reduce the potential risks of
                      reproductive and developmental health
                      effects and cancer associated with
                      disinfection byproducts (DBFs) by
                      reducing peak and average levels of
                      DBFs in drinking water supplies.
                        The Stage 2 DBPR  applies to public
                      water  systems (PWS) that are
                      community water systems (CWSs) or
                      nontransient noncommunity water
                      systems (NTNCWs) that add a primary
                      or residual disinfectant other than
                      ultraviolet light or deliver water that has
                      been treated with a primary or residual
                      disinfectant other than ultraviolet light.
                      DATES: The Agency requests comments
                      on today's proposal.  Comments must  be
                      received or post-marked by midnight
                      November 17, 2003.
                      ADDRESSES: Comments may be
                      submitted by mail to: Water Docket,
                      Environmental Protection Agency, Mail
                      Code 4101T, 1200 Pennsylvania Ave.,
                      NW., Washington, DC 20460, Attention
                      Docket ID No. OW-2002-0043.
Comments may also be submitted
electronically or through hand delivery/
courier by following the detailed
instructions as provided in section I.C.
of the SUPPLEMENTARY INFORMATION
section.

FOR FURTHER INFORMATION CONTACT: For
technical inquiries, contact Tom
Grubbs, Office of Ground Water and
Drinking Water (MC 4607M), U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone (202) 564-5262.
For regulatory inquiries, contact Jennifer
McLain at the same address; telephone
(202) 564-5248. For general information
contact the Safe Drinking Water Hotline,
Telephone (800) 426-4791. The Safe
Drinking Water Hotline is open Monday
through Friday, excluding legal
holidays, from 9 a.m. to 5:30 p.m.
Eastern Time.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Who Is Regulated by This Action?

  Entities potentially regulated by the
Stage 2 DBPR are community and
nontransient noncommunity water
systems that add a primary or residual
disinfectant other than ultraviolet light
or deliver water that has been treated
with a primary or residual disinfectant
other than ultraviolet light. Regulated
categories and entities are identified in
the following chart.
Category

State, Local, Tribal, or Federal Governments ....
Examples of regulated entities
Community and nontransient noncommunity water systems that add
infectant other than ultraviolet light or deliver water that has been
residual disinfectant other than ultraviolet light.
Community and nontransient noncommunity water systems that add
infectant other than ultraviolet light or deliver water that has been
residual disinfectant other than ultraviolet light.

a primary or residual dis-
treated with a primary or
a primary or residual dis-
treated with a primary or
  This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities of which EPA is
now aware that could potentially be
regulated by this action. Other types of
entities not listed in this 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 and the section entitled
"coverage" (§141.3) in Title 40 of the
Code of Federal Regulations and
applicability criteria in § 141.600 and
141.620 of today's proposal. If you have
questions regarding the applicability of
the Stage 2 DBPR to a particular entity,
contact one of the persons listed in the
                      preceding section entitled FOR FURTHER
                      INFORMATION CONTACT.

                      B. How Can I Get Copies of This
                      Document and Other Related
                      Information?
                        1. Docket. EPA has established an
                      official public docket for this action
                      under Docket ID No. OW-2002-0043.
                      The official public docket consists of the
                      documents specifically referenced in
                      this action, any public comments
                      received, and other information related
                      to this action. Although a part of the
                      official docket, the public docket does
                      not include Confidential Business
                      Information  (CBI) or other information
                      whose disclosure is restricted by statute.
                      The official public docket is the
                      collection of materials that is available
for public viewing at the Water Docket
in the EPA Docket Center, (EPA/DC)
EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC. The EPA Docket Center 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 Water Docket is (202)
566-2426. For access to docket material,
please call (202) 566-2426 to schedule
an appointment.
   2. Electronic Access.  You may access
this Federal Register document
electronically through the EPA Internet
under the "Federal Register" listings at
http://nrww.epa.gov/fedrgstr/.

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                 Federal Register/Vol. 66. No, 159/Monday, August 18, 2003/Proposed Rules
                                                                    49549
  An electronic version of the public
 docket is available through EPA's
 electronic public docket and comment
 system, EPA Dockets. You may use EPA
 Dockets at http://www.epa.gov/edocket/
 to submit or view public comments,
 access the index listing of the contents
 of the official public docket, and to
 access those documents in the public
 docket that are available electronically.
 Once in the system, select "search,"
 then key in the appropriate docket
 identification number.
  Certain types of information will not
 be placed in the EPA Dockets.
 Information claimed as CBI and other
 information whose disclosure is
 restricted by statute, which is not
 included in the official public docket,
 will not be available for public viewing
 in EPA's electronic public docket. EPA's
 policy is that copyrighted material will
 not be placed in EPA's electronic public
 docket but will be available only in
 printed, paper form in the official public
 docket.  Although not all docket
 materials may be available
 electronically, you may still access any
 of the publicly available docket
 materials through the docket facility
 identified in section I.B.I.
  For public commenters, it is
 important to note that EPA's policy is
 that public comments, whether
 submitted electronically or in paper,
 will be made available for public
 viewing in EPA's electronic public
 docket as EPA receives them and
 without change, unless the comment
 contains copyrighted material, CBI, or
 other information whose disclosure is
restricted by statute. When EPA
 identifies a comment containing
copyrighted material, EPA will provide
a reference to that material in the
version of the comment that is placed in
EPA's electronic public docket.  The
entire printed comment, including the
copyrighted material, will be available
in the public docket.
  Public comments submitted on
computer disks that are mailed or
delivered to the docket will be
transferred to EPA's electronic public
docket. Public comments that are
mailed or delivered to the  Docket will
be scanned and placed  in EPA's
electronic public  docket. Where
practical, physical objects will be
photographed, and the photograph will
be placed in EPA's electronic public
docket along with a brief description
written by the docket staff.
C. How and to Whom Do J Submit
Comments?
 You may submit comments
slectronically, by mail,  or through hand
delivery/courier. To ensure proper
 receipt by EPA, identify the appropriate
 docket identification number in the
 subject line on the first page of your
 comment. Please ensure that your
 comments are submitted within the
 specified comment period. Comments
 received after the close of the comment
 period will be marked "late." EPA is not
 required to consider these late
 comments.
   1. Electronically. If you submit an
 electronic comment as prescribed
 below, EPA recommends that you
 include your name, mailing address,
 and an e-mail address or other contact
 information in the body of your
 comment. Also include this contact
 information on the outside of any disk
 or CD ROM you submit, and in any
 cover letter accompanying the disk or
 CD ROM. This ensures that you can be
 identified as the submitter of the
 comment and allows EPA to contact you
 in case EPA cannot read your comment
 due to technical  difficulties or needs
 further information on the substance of
 your comment. EPA's policy is that EPA
 will not edit your comment, and any
 identifying or contact information
 provided in the body of a comment will
 be included as part of the comment that
 is placed in the official  public docket,
 and made available in EPA's electronic
 public docket. If EPA cannot read your
 comment due to  technical difficulties
 and cannot contact you for clarification,
 EPA may not be able to consider your
 comment.
   a. EPA Dockets. Your use of EPA's
 electronic public docket to submit
 comments to EPA electronically  is
 EPA's preferred method for receiving
 comments. Go directly to EPA Dockets
 at http://www.epa.gov/edocket, and
 follow the online instructions for
 submitting comments. Once in the
 system, select "search," and then key in
 Docket ID No. OW-2002-0043. The
 system is an "anonymous access"
 system, which means EPA will not
 know your identity, e-mail address, or
 other contact information unless you
 provide it in the body of your comment.
  b. E-mail. Comments may be sent by
 electronic mail (e-mail)  to OW-
 Docket@epa.gov, Attention Docket ID
 No. OW-2002-0043. In  contrast to
 EPA's electronic  public docket, EPA's e-
 mail system is not an "anonymous
 access" system. If you send an e-mail
comment directly to the Docket without
going through EPA's electronic public
 docket, EPA's e-mail system
automatically captures your e-mail
address. E-mail addresses that are
automatically captured by EPA's e-mail
system are included as part of the
comment that is placed in the official
 public docket, and made available in
 EPA's electronic public docket.
  c. Disk or CD ROM. You may submit
 comments on a disk or CD ROM that
 you mail to the mailing address
 identified in section I.C.2. These
 electronic submissions will be accepted
 in WordPerfect or ASCII file format.
 Avoid the use of special characters and
 any form of encryption.
  2. By Mail. Send three copies of your
 comments and any enclosures to: Water
 Docket, Environmental Protection
 Agency,  Mail Code 4101T, 1200
 Pennsylvania Ave., NW., Washington,
 DC 20460, Attention Docket ID No. OW-
 2002-0043.
  3. By Hand Delivery or Courier.
 Deliver your comments to: Water
 Docket, EPA Docket Center,
 Environmental Protection Agency,
 Room B102,1301 Constitution Ave.,
 NW., Washington, DC, Attention Docket
 ID No. OW-2002-0043. Such deliveries
 are only  accepted during the Docket's
 normal hours of operation as identified
 in section I.B.I.

 D. What  Should I Consider as I Prepare
 My Comments for EPA?
  You may find the following
 suggestions helpful for preparing your
 comments:
  1. Explain your views as clearly as
 possible.
  2. Describe any assumptions that you
 used.
  3. Provide any technical information
 and/or data you used that support your
 views.
  4. If you estimate potential burden or
 costs, explain how you arrived at your
 estimate.
  5. Provide specific examples to
 illustrate your concerns.
  6. Offer alternatives.
  7. Make sure to submit your
 comments by the comment period
 identified.
  8. To ensure proper receipt by EPA,
 identify the appropriate docket
 identification number in the subject line
 on the first page of your response. It
 would also be helpful if you provided
 the name, date, and Federal Register
 citation related to your comments.

Abbreviations Used in This Document
AIPC All Indian Pueblo Council
ALT  Alanine aminotransferase
AST  Aspartate aminotransferase
ASTM American Society for Testing
    and Materials
AWWA  American Water Works
    Association
AwwaRF American Water Works
    Association Research  Foundation
BAT  Best available technology
BCAA Bromochloroacetic acid

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Federal  Register/Vol.  68,  No. 159/Monday, August 18, 2003/Proposed Rules
BDCM  Bromodichloromethnne
CWS  Community water system
DBAA  Dibromoacetic acid
DBCM  Dibromochloromethane
DBF  Disinfection byproduct
DBPR  Disinfectants and Disinfection
    Byproducts Rule
DCAA  Dichloroacetic acid
DOC  Dissolved organic carbon
EA  Economic analysis
EC  Enhanced coagulation
EDA   Ethylenediamine
EDio   Maximum likelihood estimate of
    a dose producing effects in 10
    percent of animals
EPA  United States Environmental
    Protection Agency
FACA  Federal Advisory Committee
    Act
FBRR  Filter Backwash Recycling Rule
GAG   Granular activated carbon
GC/ECD   Gas chromatography using
    electron capture detection
GWUDI  Ground water under the direct
    influence of surface water
HAAS  Haloacetic acids (five) (sum of
    monochloroacetic acid,
    dichloroacetic acid, trichloroucotic
    acid, monobromoacetic acid, and
    dibromoacetic acid)
1C  Ion chromatography
ICR  Information Collection Request
IC/ICP-MS  Ion chromatograph—
    coupled to an inductively coupled
    plasma mass spectrometer
IDSE  Initial distribution system
    evaluation
ILSI  International Life Sciences
    Institute
IESWTR  Interim Enhanced Surface
    Water Treatment Rule
IPCS   International Programme on
    Chemical Safety
IRIS  Integrated Risk Information
    System (EPA)
kWh/yr  Kilowatt hours per year
LEDio  Lower 95 percent confidence
    bound of the maximum likelihood
    estimate of the dose producing
    effects in 10 percent of animals
LH  Luteinizing hormone
LOAEL  Lowest observed adverse effect
    level
LRAA   Locational running annual
    average
LT1ESWTR   Long Term 1 Enhanced
    Surface Water Treatment Rule
LT2ESWTR   Long Term 2 Enhanced
    Surface Water Treatment Rule
MBAA  Monobromoacetic acid
MCAA  Monochloroacetic acid
MCL   Maximum contaminant level
MCLG  Maximum contaminant level
    goal
M-DBP Microbial and disinfection
    byproducts
mg/L  Milligram per liter
MRL   Minimum reporting level
MRDL  Maximum residual disinfectant
    level
                      MRDLG  Maximum residual
                          disinfectant level goal
                      MTBE  Methyl tertiary butyl ether
                      mWh  Megawatt-hours
                      NATICH  National Air Toxics
                          Information Clearinghouse
                      NDIR  Nondispersive infrared detection
                      MDMA  N-nitrosodimethylamine
                      NDWAC  National Drinking Water
                          Advisory Council
                      NF  Nanofiltration
                      NOAEL  No Observed Adverse Effect
                          Level
                      NODA  Notice of data availability
                      NPDWR  National primary drinking
                          water regulation
                      NRWA  National Rural Water
                          Association
                      NTNCWS  Nontransient
                          noncommunity water system
                      NTP  National Toxicology Program
                      NTTAA  National Technology Transfer
                          and Advancement Act
                      ODA   o-dianisidine dihydrochloride
                      OMB   Office of Management and
                          Budget
                      OSTP  Office of Science and
                          Technology Policy
                      PAR  Population attributable risk
                      PE Performance evaluation
                      PWS   Public water system
                      QC  Quality control
                      RAA   Running annual average
                      RFA  Regulatory Flexibility Act
                      RfD  Reference dose
                      RSC  Relative source contribution
                      RSD  Relative standard deviation
                      SAB  Science Advisory Board
                      SAC  Selective anion concentration
                      SBAR  Small Business Advisory
                          Review
                      SBREFA   Small Business Regulatory
                          Enforcement Fairness Act
                      SDWA  Safe Drinking Water Act, or the
                          "Act," as amended in 1996
                      SER  Small Entity Representative
                      SGA  Small for gestational age
                      SUVA  Specific ultraviolet absorbance
                      SWAT  Surface Water Analytical Tool
                      SWTR  Surface Water Treatment Rule
                      TAME  Tertiary amyl methyl ether
                      TCAA  Trichloroacetic acid
                      TCR  Total Coliform Rule
                      THM   Trihalomethane
                      TOG  Total organic carbon
                      TTHM  Total trihalomethanes (sum of
                          four THMs: chloroform,
                          bromodichloromethane,
                          dibromochloromethane, and
                          bromoform)
                      TWG   Technical work group
                      UMRA  Unfunded Mandates Reform
                          Act
                      USDOE EIA  U.S. Department of
                          Energy, Energy Information
                          Administration
                      UV 254  Ultraviolet absorption at 254
                          nm
                      WTP  Willingness To Pay
Table of Contents
I. Summary
  A. Why is EPA Proposing the Stage 2
    DBPR?
  B. What Does the Stage 2 DBPR Require?
  C, What are the Economic Impacts of the
    Stage 2 DBPR?
II. Background
  A. What is the Statutory Authority for the
    Stage 2 DBPR?
  B. What is the Regulatory History of the
    Stage 2 DBPR?
  C. How were Stakeholders Involved in
    Developing the Stage 2 DBPR?
  1. Federal Advisory Committee process
  2. Other outreach processes
III. Public Health Risk
  A. Reproductive and Developmental
    Epidemiology
  l.Reifef al. 2000
  a. Fetal growth
  b. Fetal viability
  c. Fetal malformations and other
    developmental anomalies
  2. Bove et al. 2002
  a. Fetal growth
  b. Fetal viability
  c. Fetal malformations
  3. Nieuwenhuijsen et al. 2000
  4. Additional epidemiology studies
  B. Reproductive and Developmental
    Toxicology
  1. EPA analysis and research
  2. Tyl, 2000
  a. Developmental defects
  b. Whole litter resorption
  c. Fetal toxicity
  d. Male reproductive effects
  3. World  Health Organization review of the
    reproductive and developmental
    toxicology literature (2000)
  4. New Studies
  C. Conclusions Drawn from the
    Reproductive and Developmental Health
    Effects Data
  D. Cancer Epidemiology
  1. Population Attributable Risk analysis
  2. New epidemiological cancer studies
  a. New bladder cancer studies
  b. New colon cancer studies
  c. New rectal cancer studies
  d. Other cancers
  3, Review of the cancer epidemiology
    literature (WHO 2000)
  E. Cancer and Other Toxicology
  1. EPA criteria documents
  2. Other byproducts with carcinogenic
    potential
  a. 3-chloro-4-(dichloromethyl)-5-hydroxy-
    2(5H)-furanone) (MX)—multisite cancer
  b. N-nitrosodimethylamine (NDMA)—
    multisite cancer
  3. Other toxicological effects
  4. WHO review of the cancer toxicology
    literature (2000)
  F. Conclusions Drawn from the Cancer
    Epidemiology and Toxicology
  G. Request for Comment
IV. DBF Occurrence within Distribution
    Systems
  A. Data Sources
  1. Information Collection Rule Data
  2. Other Data Sources Used to Support the
    Proposal
  B. DBFs in Distribution Systems

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                                                                          49551
  1. DBFs above the MCL occur at some
    locations in a substantial number of
    plants
  2. Specific locations in distribution
    systems are not protected to MCL levels
  3. Stage 1 DBPR maximum residence time
    location may not reflect the highest DBF
    occurrence levels
  C. Request for Comment
V. Discussion of Proposed Stage 2 DBPR
    Requirements
  A. MCLG for Chloroform
  1. What is EPA proposing today?
  2. How was this proposal developed?
  a. Background
  b. Basis of the new chloroform MCLG
  i. Mode of action
  ii. Metabolism
  c. How the MCLG is derived
  i. Reference dose
  ii. Relative source contribution
  iii. Water ingestion and body weight
    assumptions
  iv. MCLG calculation
  v. Other considerations
  d. Feasibility of other options
  3. Request for comment
  B. MCLGs for THMs and HAAs
  1. What is EPA proposing today?
  2. How was this proposal developed?
  a. Trichloroacetic acid
  b. Monochloroacetic acid
  3. Request for comment
  C. Consecutive Systems
  1. What is EPA proposing today?
  a. Definitions
  b. Monitoring
  c. Compliance schedules
  d. Treatment
  e. Violations
  f. Public notice and consumer confidence
   reports
  g. Recordkeeping and reporting
  h. State special primacy conditions
  2. How was this proposal developed?
  3. Request for comment
  D. MCLs for TTHM and HAA5
  1. What is EPA proposing today?
  2. How was this proposal developed?
  a. Definition of an LRAA
  b. Consideration of regulatory alternatives
  c. Basis for the LRAA
  d. Basis for phasing LRAA compliance
  e. TTHM and HAA5 as Indicators
  3. Request for comment
  E. Requirements for Peak TTHM and HAAS
   Levels
  1. What is EPA proposing today?
  2. How was this proposal developed?
  3. Request for comment
  F. BAT for TTHM and HAAS
  1. What is EPA proposing today?
  2. How was this proposal developed?
  a. Basis for the BAT
  i. BAT analysis using the Information
   Collection Rule treatment studies
  ii. BAT analysis using the SWAT
  b. Basis for the Consecutive System BAT
  3. Request for comment
  G. MCL, BAT, and Monitoring for Bromate
  1. What is EPA proposing today?
  2. How was this proposal developed?
  a. Bromate MCL
  b. Bromate in hypochlorite solutions
  c. Criterion for reduced bromate
   monitoring
3. Request for comment
H. Initial Distribution System Evaluation
  (IDSE)
1. What is EPA proposing today?
a. Applicability
b. Data collection
i. Standard monitoring program
ii. System specific study
iii. 40/30 certification
c. Implementation
2. How was this proposal developed?
a. Applicability
b. Data collection
c. Implementation
3. Request for comment
a. Applicability
b. Data collection
c. Implementation
I. Monitoring Requirements and
  Compliance Determination for Stage 2A
  and Stage 2B TTHM and HAAS MCLs
1. What is EPA proposing today?
a. Stage 2A
b. IDSE
c. Stage 2B
i. Subpart H systems serving 10,000 or
  more people
ii. Subpart H systems serving 500 to 9,999
  people
iii. Subpart H systems serving fewer than
  500 people
iv. Ground water systems serving 10,000 or
  more people
v. Ground water systems serving fewer
  than 10,000 people
vi. Consecutive systems
2. How was this proposal developed?
a. Sampling intervals for quarterly
  monitoring
b. Reduced monitoring frequency
c. Different IDSE sampling locations by
  disinfectant type
d. Population-based monitoring
  requirements for certain consecutive
  systems
3. Request for comment
a. Proposed IDSE and Stage 2B monitoring
  requirements
b. Plant-based vs. population-based
  monitoring requirements
i. Issues with plant-based monitoring
  requirements
ii. Approaches to addressing issues with
  plant-based monitoring
J. Compliance Schedules
1. What is EPA proposing?
2. How did EPA develop this proposal?
3. Request for comments
K. Public Notice Requirements
1. What is EPA proposing?
2. Request for comments
L. Variances and Exemptions
1. Variances
2. What are the affordable treatment
  technologies for small systems?
M. Requirements for Systems to Use
  Qualified Operators
N. System Reporting and Recordkeeping
  Requirements
1. Confirmation of applicable existing
  requirements
2, Summary of additional reporting
  requirements
3. Request for comment
O. Analytical Method Requirements
1. What is EPA proposing today?
  2. How was this proposal developed?
  3. Which new methods are proposed for
    approval?
  a. EPA Method 327.0 for chlorine dioxide
    and chlorite.
  b. EPA Method 552.3 for HAAS and
    dalapon
  c. ASTM D 6581-00 for bromate, chlorite,
    and bromide
  d. EPA Method 317.0 revision 2 for
    bromate, chlorite, and bromide
  e. EPA Method 326.0 for bromate, chlorite,
    and bromide
  f. EPA Method 321.8 for bromate
  g. EPA 415.3 for TOC and SUVA (DOC and
  4. What additional regulated contaminants
    can be monitored by extending approval
    of EPA Method 300.1?
  5. Which methods in the 20th edition and
    2003 On-Line Version of Standard
    Methods are proposed for approval?
  6. What is the updated citation for EPA
    Method 300.1?
  7. How is the HAA5 sample holding time
    being standardized?
  8. How is EPA clarifying which methods
    are approved for magnesium
    determinations?
  9. Which methods can be used to
    demonstrate eligibility for reduced
    bromate monitoring?
  10. Request for comments
  P. Laboratory Certification and Approval
  1. What is EPA proposing today?
  2. What changes are proposed for the PE
    acceptance criteria?
  3. What minimum reporting limits are
    being proposed?
  4. What are the requirements for analyzing
    IDSE samples?
  5. Request for comments
VI. State Implementation
  A. State Primacy Requirements for
    Implementation Flexibility
  B. State Recordkeeping Requirements
  C. State Reporting Requirements
  D. Interim Primacy
  E. IDSE Implementation
  F. State Burden
VII. Economic Analysis
  A. Regulatory Alternatives Considered by
    the Agency
  B. Rationale for the Proposed Rule Option
  1. Reducing peak exposure
  2. Reducing average exposure
  C. Benefits of the Proposed Stage 2 DBPR
  1. Non-quantifiable health and non-health
   related benefits
  2. Quantifiable health benefits
  3. Benefit sensitivity analyses
  D. Costs of the Proposed Stage 2 DBPR
  1. National cost estimates
  2. Water system costs
  3. State costs
  4. Non-quantifiable
  E. Expected System Treatment Changes
  1. Pre-Stage 2 DBPR baseline conditions
  2. Predicted technology distributions post-
   Stage 2 DBPR
  F. Estimated Household Costs of the
   Proposed  Rule
  G. Incremental Costs and Benefits of the
   Proposed  Stage 2 DBPR
  H. Benefits From the Reduction of Co-
   Occurring Contaminants

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  I. Are there Increased Risks Prom Other
   Contaminants?
  J. Effects on General Population end
   Subpopulation Groups
  K. Uncertainties in Baseline, Risk, Benefit,
   and Cost Estimates
  L. Benefit/Cost Determination for the
   Proposed Stage 2 DBPR
  M. Request for Comment
VIII. Statutory and Executive Order Reviews
  A. Executive Order 12866: Regulatory
   Planning and Review
  B. Paperwork Reduction Act
  C. Regulatory Flexibility Act
  D. Unfunded Mandates Reform Act
  E. Executive Order 13132: Federalism
  F. Executive Order 13175: Consultation
   and Coordination with Indian Tribal
   Governments
  G. Executive Order 13045: Protection of
   Children from Environmental Health and
   Safety Risks
  H. Executive Order 13211: Actions That
   Significantly Affect Energy Supply,
   Distribution, or Use
  I. National Technology Transfer and
   Advancement Act
  J. Executive Order 12898: Federal Actions
   to Address Environmental Justice in
   Minority Populations or Low Income
   Populations
  K. Consultations with the Science
   Advisory Board, National Drinking
   Water Advisory Council, and the
   Secretary of Health and Human Services
  L. Plain Language
IX. References

I. Summary

A. Why Is EPA Proposing the Stage 2
DBPfJ?
  The Environmental Protection Agency
is committed to ensuring that all public
water systems provide clean and safe
drinking water. Disinfectants are often
an essential element of drinking water
treatment because of the barrier they
provide against harmful waterborne
microbial pathogens. However,
disinfectants react with naturally
occurring organic and inorganic matter
in source water and distribution systems
to form disinfection byproducts (DBFs)
that may pose health risks. The Agency
is proposing the Stage 2 Disinfectants
and Disinfection Byproduct Rule
(DBPR) to reduce potential cancer,
reproductive, and developmental risks
from DBFs.
  The Stage 2 DBPR augments the Stage
1 DBPR that was finalized in 1998. The
proposed Stage 2 DBPR focuses on
monitoring and reducing concentrations
of two classes of DBFs: total
tribalomethanes (TTHM) and haloacetic
acids (HAAS). In part, these two groups
of DBFs are used as indicators of the
various byproducts that are present in
disinfected water. This means that
concentrations of TTHM and HAAS are
monitored for compliance, but their
presence in drinking water is
                      representative of many other DBFs that
                      may also be present in the water;
                      likewise, a reduction in TTHM and
                      HAAS indicates a reduction of total
                      DBFs.
                        The Stage 2 DBPR is designed to
                      reduce the level of exposure from
                      disinfectants and DBFs without
                      undermining the control of microbial
                      pathogens. The Long Term 2 Enhanced
                      Surface Water Treatment Rule
                      (LT2ESWTR) will be finalized and
                      implemented simultaneously with the
                      Stage 2 DBPR to ensure that drinking
                      water is microbiologically safe at the
                      limits set for disinfectants and DBFs.
                        New information on health effeqts,
                      occurrence, and treatment has become
                      available since the Stage 1 DBPR, which
                      supports the need for die Stage 2 DBPR.
                      Several reproductive and developmental
                      studies have recently become available,
                      and EPA has completed a more
                      extensive analysis of reproductive and
                      developmental effects associated with
                      DBFs since the Stage 1 DBPR. Both
                      human epidemiology studies and
                      animal toxicology studies have shown
                      associations between  chlorinated
                      drinking water and reproductive and
                      developmental endpoints such as
                      spontaneous abortion, stillbirth, neural
                      tube defects, pre-term delivery,
                      intrauterine growth retardation, and low
                      birth weight. New epidemiology and
                      toxicology studies evaluating bladder
                      and rectal cancers have also increased
                      the weight of evidence linking these
                      health effects to DBF exposure. The
                      large number of people (254 million
                      Americans) exposed to DBFs and the
                      identified potential cancer,
                      reproductive, and developmental risks
                      played a significant role in EPA's
                      decision to move forward with
                      regulatory changes that target lowering
                      DBF exposures beyond the requirements
                      of the Stage 1 DBPR.
                        While the Stage 1 DBPR provided a
                      major reduction in DBF exposure, new
                      national survey data suggest that some
                      customers are receiving drinking water
                      with elevated, or peak DBF
                      concentrations even when their
                      distribution systems are in compliance
                      with the Stage 1 DBPR. Some of these
                      peak concentrations can be substantially
                      greater than the Stage 1 DBPR maximum
                      contaminant levels (MCLs). The new
                      survey results also showed that Stage 1
                      DBPR monitoring sites may not be
                      representative of peak DBF
                      concentrations that occur in distribution
                      systems. In addition, the new
                      information indicates that cost-effective
                      technologies including ultraviolet light
                      (UV) and granular activated carbon
                      (GAG) may be very effective at lowering
                      DBF levels. EPA's analysis of this new
information concludes that significant
public health benefits may be achieved
through further cost-effective reduction
of DBFs in distribution systems.
  Congress required EPA to promulgate
the Stage 2 DBPR as part of the 1996
Safe Drinking Water Act (SDWA)
Amendments (section 1412(b)(2)(C)).
Today's proposal reflects consensus
recommendations from the Stage 2
Microbial/Disinfection Byproducts (M-
DBP) Federal Advisory Committee (the
Advisory Committee). These
recommendations are set forth in the M-
DBP Agreement in Principle (USEPA
2000g), which can he accessed on the
edocket Web site (www.epa.gov/
edocket}.
  After considering the new occurrence
and health effects data and analyses,
EPA has determined that there is an
opportunity to further reduce potential
risks from DBFs. The Stage 2 DBPR
being proposed today presents a cost-
effective, risk targeting approach to
reduce risks from DBFs. The new
requirements provide for more
consistent protection from DBFs across
the entire distribution system and the
reduction of DBF peaks. New risk
targeting provisions require only those
systems with the greatest risk to make
capital improvements. The Stage 2
DBPR, in conjunction with the
LT2ESWTR, will help public water
systems deliver safer water to
Americans with the benefits of
disinfection to control pathogens but
with fewer risks from DBFs.
B. What Does the Stage 2 DBPR Require?
  The Stage 2 DBPR applies to
community or nontransient
noncommunity water systems that add
a primary or residual disinfectant other
than ultraviolet light or deliver water
that has been treated with a primary or
residual disinfectant other than
ultraviolet light. The TTHM and HAAS
MCL yalues will remain the same as in
the Stage 1 DBPR, although compliance
calculations will be different. The
proposed Stage 2 DBPR includes new
MCLGs for chloroform,
monochloroacetic acid, and
trichloroacetic acid, but these new
MCLGs do not affect the MCLs for
TTHM or HAAS.
  The risk targeting components of the
Stage 2 DBPR will focus the greatest
amount of change where the greatest
amount of risk may exist. The
provisions of the Stage 2 DBPR focus on
identifying and reducing exposure by
reducing DBF peaks in distribution
systems. The first provision, designed to
address significant variations in
exposure, is the Initial Distribution
System Evaluation (IDSE). The purpose

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                Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed  Rules
                                                                    49553
of the IDSE is to identify Stage 2 DBPR
compliance monitoring sites for
capturing peaks. Because Stage 2 DBPR
compliance will be determined at these
new monitoring sites, distribution
systems that identify elevated
concentrations of TTHM and HAAS will
need to make treatment or process
changes to bring the system into
compliance with the Stage 2 DBPR. By
identifying compliance monitoring sites
with elevated concentrations of TTHM
and HAAS, the IDSE will offer increased
assurance that MCLs are being met
across the distribution system. Both
treatment changes and awareness of
TTHM and HAAS levels resulting from
the IDSE will allow systems to better
control for distribution system peaks.
  The IDSE is designed to offer
flexibility to public water systems. The
IDSE requires TTHM and HAAS
monitoring for one year on a regular
schedule that is determined by source
water type and system size. Systems
have the option of performing a site-
specific study based on historical data,
water distribution system models, or
other data; and waivers are available
under certain circumstances. The
proposed IDSE requirements are
discussed in sections V.H., V.I., and V.J.
of this preamble and in subpart U of the
proposed rule.
  The second provision of the Stage 2
DBPR, which is designed to address
variations in temporal and spatial
exposure, is the new compliance
calculation of the MCLs. The Stage 1
DBPR running annual average (RAA)
calculation allows some locations
within a distribution system to have
higher DBF annual averages than others
as long as the system-wide average is
below the MCL. The Stage 2 DBPR will
base compliance on a locational running
annual average (LRAA) calculation
where the annual average at each
sampling location in the distribution
system will be used to determine
compliance with the MCLs. The LRAA
will reduce exposures to peak DBP
concentrations by ensuring that each
monitoring site is in compliance with
the MCLs as an annual average, and it
will provide all customers drinking
water that more consistently meets the
MCLs.
  EPA is proposing that systems comply
with the Stage 2 DBPR MCLs in two
phases, designated as Stage 2A and
Stage 2B. In Stage 2A, beginning three
years after the rule is final, all systems
must comply with MCLs of 0.120 mg/L
for TTHM and 0.100 mg/L for HAAS as
LRAAs at Stage 1 DBPR sampling sites,
in addition to continuing to comply
with the Stage 1 DBPR MCLs of 0.080
mg/L and 0.060 mg/L as RAAs for
TTHM and HAAS, respectively. In Stage
2B, systems must comply with MCLs of
0.080 mg/L and 0.060 mg/L as LRAAs
for TTHM and HAAS, respectively,
based on sampling sites identified
through the IDSE. A more detailed
discussion of the proposed Stage 2
DBPR MCL requirements can be found
in sections V.D., V.I., and V.). of this
preamble and in § 141.64(b)(2) and (3),
and § 141.136, and subpart V of the rule
language.
  The IDSE and LRAA calculation will
lead to overall reductions in DBP
concentrations and reduce short term
exposures to high DBP concentrations,
but even with this strengthened
approach to regulating DBFs it will be
possible for individual DBP samples to
exceed the MCLs when systems are in
compliance with the Stage 2 DBPR. The
Stage 2 DBPR requires systems that
experience significant excursions to
evaluate distribution system operational
practices and identify opportunities to
reduce DBP concentrations in the
distribution system. This provision will
curtail peaks and reduce exposure to
high DBP levels. Significant excursions
are discussed in greater detail in section
V.E.
  The Stage 2 DBPR also contains
provisions for regulating consecutive
systems, defined in the Stage 2 DBPR as
public water systems that buy or
otherwise receive some or all of their
finished water from another public
water system on a regular basis.
Uniform regulation of consecutive
systems provided by the Stage 2 DBPR
will ensure that consecutive systems
deliver drinking water that meets
applicable DBP standards. More
information on regulation of
consecutive systems can be found in
sections V.C., V.H., V.I. and V.}.
  Today's document proposes plant-
based monitoring requirements for non-
consecutive systems and certain
consecutive systems. Plant-based
monitoring means that the number of
compliance monitoring locations within
a distribution system is based on the
number of plants, population served,
and type of source water used by the
distribution system. EPA is proposing
population-based monitoring for
consecutive systems that buy all their
finished water from other public water
systems. EPA is also requesting
comment on whether this approach
should be extended to all systems
covered by today's rule. Under a
population-based monitoring structure,
the number of compliance monitoring
locations is based only on the
population served and source water
type. Section V.I. describes population-
based monitoring and how it might
affect systems complying with this rule.
C. What Are the Economic Impacts of
the Stage 2 DBPR?
  EPA quantified the potential benefits
of the Stage 2 DBPR by estimating the
reduction in bladder cancer cases that
may result from the decrease in average
DBP concentrations in disinfected
water. Estimated reductions in DBF-
related bladder cancers (including both
fatal and non-fatal cases) result in
annualized benefits ranging from $0 to
$986 million (using a three percent
discount rate), depending on the risk
level assumed.
  There may also be a number of
important nonquantifiable benefits
associated with reducing DBFs in
drinking water, the primary ones being
reduced potential risk of adverse
reproductive and developmental effects
including miscarriage, stillbirth, neural
tube defects, heart defects, and cleft
palate. Although a number of studies
have found an association between
reproductive and developmental
endpoints and short-term exposure to
elevated DBP levels, a causal link has
not yet been established  and
information is not yet available to
quantify potential effects. As a result,
the Agency has not included an estimate
of the potential benefits from reducing
reproductive and developmental risks in
its primary economic impact analysis of
the Stage 2 DBPR. However, an
illustrative calculation of potential fetal
loss risk is discussed in Section VII and
presented in more detail in the
Economic Analysis (USEPA 2003iJ to
illustrate the benefits that could be
associated with this rule. Reduction in
other cancers potentially associated
with DBP exposure represent additional
unquantified health benefits.
  EPA estimates the total annualized
costs of the Stage 2 DBPR to be $54 to
$64 million. This estimate includes
costs associated with treatment changes,
the Initial Distribution System
Evaluation, changes in compliance
monitoring, and rule implementation
activities for both public water systems
and States. EPA estimates that
approximately 2.8 percent of all plants
will need to convert to chloramines or
add advanced treatment  to comply with
the Stage 2 DBPR.
  Table 1-1 presents the estimated
quantified and unquantified benefits of
the Stage 2 DBPR and the estimated
costs. Analyses of unquantified benefits
suggest that the total benefits associated
with the Stage 2  DBPR might be much
greater than these estimates. By
targeting risks and building on the solid
foundation of the Stage 1 DBPR, the

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Federal  Register/Voi. 68. No. 159/Monday, August 18,  2003/Proposed  Rules
 Stage 2 DBPR will deliver cost-effective   reductions in DBF levels and associated
                                       potential public health risks.

      TABLE M.—COSTS AND BENEFITS OF THE STAGE 2 DBPR BASED ON ANNUALIZATION DISCOUNT RATE OF 3%
Costs
$54-64 M 	

Benefits
$0-986 M

Unqualified benefits

and rectal cancer, improved taste and odor of drinking water, control of contaminants that may be
regulated in the future.
 II. Background
   A combination of factors have
 influenced the development of the
 proposed Stage 2 DBPR. These include
 the initial 1992-1994 Microbial and
 Disinfection Byproduct (M-DBP)
 stakeholder deliberations and EPA's
 Stage 1 DBPR proposal; the 1996 Safe
 Drinking Water Act (SDWA)
 Amendments; the 1996 Information
 Collection Rule; the 1998 Stage 1 DBPR;
 other new data, research, and  analysis
 on disinfection byproduct (DBF)
 occurrence, treatment, and health effects
 since the Stage 1 DBPR; and the Stage
 2 DBPR Microbial and Disinfection
 Byproducts Federal Advisory
 Committee. The following shows how
 EPA arrived at this proposal for
 regulating disinfection byproducts.
 A,  What Is the Statutory Authority for
 the Stage 2 DBPR?
  Jhe SDWA, as amended in 1996,
 authorizes EPA to promulgate a national
 primary drinking water regulation
 (NPDWR) and publish a maximum
 contaminant level goal (MCLG) for
 contaminants the Administrator
 determines "may have an adverse effect
 on  the health of persons," is "known to
 occur or there is a substantial likelihood
 that the contaminant will occur in
 public water systems with a frequency
 and at levels of public health concern,"
 and for which "in the sole judgement of
 the Administrator, regulation of such
 contaminant presents a meaningful
 opportunity for health risk reduction  for
 persons served by public water
 systems" (SDWA section 1412(b}(l)(A)).
 MCLGs are non-enforceable health goals
 set  at a level at which "no known or
 anticipated adverse effects on the health
 of persons occur and which allows an
 adequate margin of safety". These
 health goals  are published at the same
 time as the NPDWR (sections 1412(b)(4)
 and 1412(a)(3)).
  The Agency may also consider
 additional health risks from other
contaminants and establish an  MCL "at
a level other than the feasible level, if
the  technology, treatment techniques,
and other means used to determine the
feasible level would result in an
increase in the health risk from drinking
                      water by—(i) increasing the
                      concentration of other contaminants in
                      drinking water; or (ii) interfering with
                      the efficacy of drinking water treatment
                      techniques or processes that are used to
                      comply with  other national primary
                      drinking water regulations" (section
                      1412(b)(5)(A)). When establishing an
                      MCL or treatment technique under this
                      authority, "the level or levels of
                      treatment techniques shall minimize the
                      overall risk of adverse health effects by
                      balancing the risk from the contaminant
                      and the risk from other contaminants
                      the concentrations of which may be
                      affected by the use of a treatment
                      technique or process that would be
                      employed to attain the MCL or levels"
                      (section 1412(b)(5)(B)).
                       Finally, section 1412(b)(2)(C) of the
                      Act requires EPA to promulgate a Stage
                      2 DBPR 18 months after promulgation of
                      the Long Term 1 Enhanced Surface
                      Water Treatment Rule (LTlESWTR).
                      Consistent with statutory requirements
                      for risk balancing (section
                      1412(b)(5)(B)), EPA will finalize the
                      LT2ESWTR concurrently with the Stage
                      2 DBPR to ensure simultaneous
                     protection from microbial and DBP
                     risks.

                     B. What Is the Regulatory History of the
                      Stage 2 DBPR?
                       The first rule to regulate DBPs was
                     promulgated on November 29, 1979.
                     The Total Trihalomethanes Rule (44 FR
                     68624) (USEPA  1979} set an MCL of
                     0.10 mg/L for total trihalomethanes
                     (TTHMs). Compliance was based on the
                     running annual average (RAA) of
                     quarterly averages of all samples
                     collected throughout the distribution
                     system. This TTHM standard applied
                     only to community water systems using
                     surface water  and/or ground water that
                     served at least 10,000 people and added
                     a disinfectant  to the drinking water
                     during any part of the treatment process.
                       Under the Surface Water Treatment
                     Rule (SWTR) (54 FR 27486, June 29,
                     1989) (USEPA 1989a), EPA set MCLGs
                     of zero for Giardia lamblia, viruses, and
                     LegioneUa; and promulgated NPDWRs
                     for all public water systems using
                     surface water sources or ground water
                     sources under the direct influence of
 surface water. The SWTR includes
 treatment technique requirements for
 filtered and unfiltered systems that are
 intended to protect against the adverse
 health effects of exposure to Giardia
 lamblia, viruses, and LegioneUa, as well
 as other pathogenic organisms.
  EPA also promulgated the Total
 Coliform Rule (TCR) on June 29, 1989
 (54 FR 27544)(USEPA 1989b) to provide
 protection from microbial
 contamination in distribution systems of
 all types of public water supplies. The
 TCR established an MCLG of zero for
 total and fecal coliform bacteria, and an
 MCL based on the percentage of positive
 samples collected during a compliance
 period. Under the TCR, no more than 5
 percent of distribution system samples
 collected in any month may contain
 coliform bacteria.
  Together, the SWTR and the TCR
 were intended to address risks
 associated with microbial pathogens
 that might be found in source waters or
 associated with distribution systems.
 However,  while reducing exposure to
 pathogenic organisms, the SWTR also
 increased  the use of disinfectants in
 some public water systems and, as a
 result, exposure to DBPs in those
 systems.
  In 1992, prompted by concerns about
 health risk tradeoffs between
 disinfection byproducts and microbial
 pathogens, EPA initiated a negotiated
 rulemaking with a wide range of
 stakeholders. The negotiators included
 representatives of State and local health
 and regulatory agencies, public water
 systems, elected officials, consumer
 groups, and environmental groups. The
 Regulatory Negotiating Committee met
 from November 1992 through June 1993.
 Following months of intensive
 discussions and technical analyses, the
Regulatory Negotiating Committee
recommended the development of three
 sets of rules: an Information Collection
Rule, a two-staged approach for
regulating DBPs, and an "interim"
Enhanced  Surface Water Treatment Rule
(IESWTR)  to be followed by a "final"
Enhanced  Surface Water  Treatment Rule
(USEPA 1996a, USEPA 1998c, USEPA
1998d). EPA took the first step towards
implementing this strategy by proposing

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                                                                    49555
the Stage 1 DBPR and IESWTR in 1994.
Congress affirmed the phased microbial
and disinfection byproduct rulemaking
strategy in the 1996 SDWA
Amendments by requiring that EPA
develop these three sets of rules on a
specific schedule that stipulates
simultaneous promulgation of
requirements governing microbial
protection and DBFs.
  In March 1997, the Agency
established the Microbial and
Disinfection Byproduct (M-DBP)
Advisory Committee under the Federal
Advisory Committee Act (FACA) to
collect, share, and analyze new
information and data available since the
1994 proposals of the Stage 1 DBPR and
the IESWTR, as well as to build
consensus on the regulatory
implications of the new information.
The Advisory Committee consisted of
17 members representing EPA, State and
local public health and regulatory
agencies, local elected officials, drinking
water suppliers, chemical and
equipment manufacturers, and public
interest groups. The Advisory
Committee met five times in March
through July 1997 to discuss issues
related to the IESWTR and the Stage 1
DBPR. The Advisory Committee reached
consensus on a number of major issues
that were incorporated into the Stage 1
DBPR and the IESWTR.
  The Stage 1 DBPR and IESWTR,
finalized in December 1998, were the
first rules to be promulgated under the
1996 SDWA Amendments (USEPA
1998c and 1998d). The Stage 1 DBPR
applies to all  community and
nontransient noncommunity water
systems that add a chemical disinfectant
to water. Thexule established maximum
residual disinfectant level goals
(MRDLGs) and enforceable maximum
residual disinfectant level (MRDL)
standards for three chemical
disinfectants—chlorine, chloramine,
and chlorine dioxide; maximum
contaminant level goals (MCLGs) for
three THMs, two haloacetic acids
^HAAs), bromate, and chlorite; and
enforceable maximum contaminant
level (MCL) standards for TTHM, five
lialoacetic acids (HAAS), chlorite, and
bromate calculated as running annual
averages (RAAs). The Stage 1 DBPR uses
TTHMs and HAAS as indicators of the
various DBPs that are present in
disinfected water. Under the Stage 1
DBPR, water systems that use surface
water or ground water under the direct
influence of surface water and use
conventional filtration treatment are
required to remove specified
percentages of organic materials,
measured as total organic carbon (TOC),
:hat may react with disinfectants to form
DBPs. Removal is achieved through
enhanced coagulation or enhanced
softening, unless a system meets
alternative compliance criteria.
  EPA finalized the IESWTR at the same
time as the Stage 1 DBPR to ensure
simultaneous compliance and address
risk tradeoff issues. The IESWTR
applies to all water systems that use
surface water or ground water under the
direct influence of surface water that
serve at least 10,000 people. The
purpose of the IESWTR is to improve
control of microbial pathogens in
drinking water, specifically the
protozoan Cryptosporidium.
  The Filter Backwash Recycle Rule
(FBRR) and the Long Term 1 Enhanced
Surface Water Treatment Rule
(LT1ESWTR)  round out the first group
of regulations balancing microbial and
DBF risks. EPA promulgated the FBRR
in 2001 (USEPA 2001c) and the
LT1ESWTR in 2002 (USEPA 2002b) to
increase protection of finished drinking
water supplies from contamination by
Cryptosporidium and other microbial
pathogens. The LTlESWTR extends
protection against Cryptosporidium and
other disease-causing microbes to water
systems that use surface water or ground
water under the direct influence of
surface water that serve fewer than
10,000 people. While the Ground Water
Rule, proposed in May 2000, (USEPA
2000h) will add significant protection
from pathogens in vulnerable ground
water systems, it does not pose as many
risk-risk tradeoff considerations as the
surface water rules  because only a small
percentage of ground water systems
subject to the Stage 2 DBPR have high
DBF levels.
  EPA reconvened  the Advisory
Committee in March 1999 to develop
recommendations on issues pertaining
to the Stage 2 DBPR and LT2ESWTR.
The Advisory Committee collected,
developed, and evaluated new
information that became available after
the Stage 1 DBPR was published. The
Information Collection Rule provided
new data on DBF exposure, and control;
it also included new data on occurrence
and treatment of pathogens. The
unprecedented amount of information
collected under the Information
Collection Rule was supplemented by a
survey conducted by the National Rural
Water Association,  data provided by
various States, the Water Utility
Database (which contains data  collected
by the American Water Works
Association), and Information
Collection Rule Supplemental  Surveys.
This large body of data allowed the
Advisory Committee to reach new
conclusions regarding DBF exposure
and new treatment  options.
  After analyzing the data, the Advisory
Committee reached three significant
conclusions that led the Advisory
Committee to recommending further
control of DBPs in public water systems.
The data from the Information
Collection Rule show that the RAA
compliance calculation allows elevated
DBF levels to regularly occur at some
locations in the system when the overall
average at all locations is below the
MCL. Customers served at those
sampling locations that regularly exceed
the MCLs are experiencing higher
exposure compared to customers served
at locations that consistently meet the
MCLs.
  Second, the new data demonstrated
how single samples can be substantially
above the MCLs. The new information
showed that it is possible for customers
to receive drinking water with
concentrations of DBPs up to 75% above
the MCLs even when their water system
is in compliance with the Stage 1 DBPR.
Studies have shown that DBF exposure
during short, critical time windows may
adversely impact reproductive and
developmental health.
  Third, data from the Information
Collection Rule revealed that the highest
TTHM and HAAS levels are not always
located at the maximum residence time
monitoring sites specified by the Stage
1 DBPR. These sites were required for
monitoring by the Stage 1 DBPR because
previous data suggested that water in
the distribution system for the
maximum residence time would have
the highest TTHM levels. The fact that
the locations with the highest DBF
levels varied in different public water
systems indicates that the Stage 1 DBPR
monitoring sites may not be
representative of the high DBF
concentrations that actually exist in
distribution systems, and additional
monitoring is needed to identify
distribution system locations with
elevated DBF levels. This information
encouraged the Advisory Committee to
recommend additional measures to
identify locations with high LRAAs.
Section IV provides a complete
discussion of the new occurrence data.
  The analysis of the new data also
indicates that certain technologies are
effective at reducing DBF
concentrations. Bench- and pilot-scale
studies for granular activated carbon
(GAC) and membrane technologies
required by the Information Collection
Rule provided information on the
effectiveness of the two technologies.
Other studies found UV light to be
highly effective for inactivating
Cryptosporidium and Giardia at low
doses without promoting the formation
of DBPs (Malley et al. 1996; Zheng et al.

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Federal Register/Vol. 68, No. 159/Monday,  August  18,  2003/Proposed Rules
 1999). This new treatment information
 added to the treatment options available
 to utilities for controlling DBFs beyond
 the requirements of the Stage 1 DBPR.
  New data on the health effects of
 DBFs also influenced the Advisory
 Committee's recommendation to further
 regulate DBFs. Although bladder cancer
 risks were the focus of the Stage  1 M-
 DBF negotiations, potential
 reproductive and developmental health
 effects were central to the Stage 2 M-
 DBP Advisory Committee discussions.
 Recent human epidemiology studies
 and animal toxicology studies have both
 shown associations between chlorinated
 drinking water and reproductive and
 developmental health effects such as
 spontaneous abortion, stillbirth, neural
 tube defects, pre-term delivery,
 intrauterine growth retardation, and low
 birth weight. A critical review of the
 epidemiology literature pertaining to
 reproductive and developmental effects
 of exposure to DBFs completed in 2000
 (Reif et al. 2000) concluded that "the
 weight of evidence from the
 epidemlological studies also suggests
 that they [DBPs] are likely to be
 reproductive toxicants in humans under
 appropriate exposure conditions *  * *
 and that measures aimed at reducing the
 concentrations of byproducts could
 have a positive impact on public
 health."
  While there has been substantial
 research to date, the Advisory
 Committee recognized that significant
 uncertainty remains regarding the risk
 associated with DBPs in drinking water.
 The Advisory Committee carefully
 considered the analyses described
 previously, as well as costs and
 potential impacts on public water
 systems, and concluded that a  targeted
 protective public health approach
 should be taken to address exposure to
 DBPs beyond  the requirements of the
 Stage 1 DBPR. After reaching this
 conclusion, the Advisory Committee
 developed an Agreement in Principle
 (USEPA 2000g) that laid out their
 recommendations on how to further
 control DBPs in public water systems.
  In the Agreement in Principle, the
 Advisory Committee recommended
 maintaining the MCLs for TTHM and
 HAAS  at 0.080 mg/L and 0.060 mg/L
 respectively, but changing the
 compliance calculation in two  phases to
 facilitate systems moving from the
running annual average (RAA)
 calculation to a locational running
annual average (LRAA) calculation. In
the first phase, systems would continue
to comply with the Stage 1 DBPR MCLs
as RAAs and, at the same time, comply
with MCLs of 0.120 mg/L for TTHM and
0.100 mg/L for HAAS calculated as
                      LRAAs. RAA calculations average all
                      samples collected within a distribution
                      system over a one-year period, but
                      LRAA calculations average all samples
                      taken at each individual sampling
                      location in a distribution system during
                      a one-year period. Systems would also
                      carry out an Initial Distribution System
                      Evaluation (IDSE) to select new
                      compliance monitoring sites that more
                      accurately reflect higher TTHM and
                      HAAS levels occurring in the
                      distribution system. The second phase
                      of compliance would require MCLs of
                      0.080 mg/L for TTHM and 0.060 mg/L
                      for HAAS calculated as LRAAs at
                      individual monitoring sites identified
                      through the IDSE.
                       The Agreement in Principle also
                      provided recommendations for
                      simultaneous compliance with the
                      LT2ESWTR so that the reduction of
                      potential health hazards of DBPs does
                      not compromise microbial protection.
                      The recommendations for the
                      LT2ESWTR included treatment
                      requirements for Cryptosporidmm based
                      on the results of source water
                      monitoring, a toolbox of options for
                      providing additional treatment at high
                      risk facilities, use of microbial
                      indicators to reduce Cryptosporidium
                      monitoring burden on small systems,
                      and future monitoring to determine if
                      source water quality remains constant
                      after completion of initial monitoring.
                      The Agreement also encouraged EPA to
                      develop guidance and criteria to
                      facilitate the use of UV light for
                      compliance with drinking water
                      disinfection requirements. The complete
                      text of the Agreement in Principle
                      (USEPA 2000g) can be found at the
                      edocket Web site (http://www.epa.gov/
                      edocket).
                       After extensive analysis and
                      investigation of available data and rule
                      options considered by the Advisory
                      Committee, EPA is proposing a Stage 2
                      DBPR control strategy that is consistent
                      with the key elements of the Agreement
                      in Principle signed in September 2000
                     by the participants in the Stage 2 M-
                     DBP Advisory Committee. EPA
                     determined that the risk-targeting
                     measures recommended in  the
                     Agreement in Principle will require
                     only those systems with the greatest risk
                     to make treatment and operational
                     changes and will maintain simultaneous
                     protection from the potential health
                     hazards of DBPs and microbial
                     contaminants. EPA has carefully
                     evaluated and expanded upon the
                     recommendations of the Advisory
                     Committee to more fully develop
                     today's proposal. EPA also made
                     simplifications where possible to
                     minimize complications for public
 water systems as they transition to
 compliance with the Stage 2 DBPR
 while expanding public health
 protection. The proposed requirements
 of the Stage 2 DBPR are described in
 detail in section V of this preamble.

 C. How Were Stakeholders Involved in
 Developing the  Stage 2 DBPR?

 1. Federal Advisory Committee Process
  The Stage 2 M-DBP  Advisory
 Committee consisted of 21
 organizational members representing
 EPA, State and local public health and
 regulatory agencies, local elected
 officials, Native American Tribes, large
 and small drinking water suppliers,
 chemical and equipment manufacturers,
 environmental groups, and other
 stakeholders. Technical support for the
 Advisory Committee's discussions was
 provided by a technical working group
 established by the Advisory Committee.
 The Advisory Committee held ten
 meetings to discuss issues pertaining to
 the Stage 2 DBPR and LT2ESWTR from
 September 1999 to July 2000 which
 were open to the public.  There was also
 an opportunity  for public comment at
 each meeting.
  In September 2000, the Advisory
 Committee signed the Agreement  in
 Principle, a full statement of the
 consensus recommendations of the
 group. The agreement was published by
 EPA in a December 29, 2000 Federal
 Register notice (65 FR  83015), together
 with the list of committee members and
 their organizations. The Agreement is
 divided into Parts A and  B. The
 recommendations in each part stand
 alone and are independent of one
 another. The entire Advisory Committee
 reached consensus on Part A, which
 contains provisions that directly apply
 to the proposed Stage 2 DBPR and
 LT2ESWTR. The full Advisory
 Committee, with the exception of the
 National Rural Water Association
 (NRWA), also agreed to Part B, which
 has recommendations for future
 activities by EPA in the areas of
 distribution systems and  microbial
 water quality criteria.

 2. Other Outreach Processes

  EPA received  valuable  input from
 small system operators as part of an
 Agency  outreach initiative under the
 Regulatory Flexibility Act (RFA). EPA
 also conducted outreach conference
 calls to solicit feedback and information
 from Small Entity Representatives
 (SERs) on issues related to Stage 2 DBPR
 impacts on small systems. The Agency
 consulted with State, local, and Tribal
governments on the proposed Stage 2
DBPR. Section VIII includes a complete

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                                                                     49557
 description of the many stakeholder
 activities which contributed to the
 development of the Stage 2 DBPR.
  The Agency held two meetings to
 discuss consecutive system issues
 relevant to the proposal (February 22-
 23, 2001 in Denver, CO and March 28,
 2001 in Washington, DC).
 Representatives from States, EPA
 Regions, and public water systems
 participated in the discussions. EPA
 also briefed the National Drinking Water
 Advisory Committee at their November
 2001 meeting on consecutive system
 issues associated with the rule to
 receive input on the implementation
 strategy selected. This Advisory
 Committee generally supported EPA's
 approach. Section V describes EPA's
 analysis of consecutive system issues,
 comments and input received during
 these sessions, and how the proposed
 requirements will apply to consecutive
 systems. EPA also consulted with the
 Science Advisory Board in December
 2001 on the requirements of the Stage 2
 DBPR.
  Finally, EPA posted a pre-proposal
 draft of the Stage 2 DBPR preamble and
 regulatory language on an EPA Internet
 site (http://www.epa.gov/safewater/
 mdbp/st2dis.html) on October 17, 2001.
 This public review period allowed
 readers to comment on the Stage 2
 DBPR's consistency with the Agreement
 in Principle of the Stage 2 M-DBP
 Advisory Committee. EPA received
 important suggestions on this pre-
 proposal draft from 14 commenters
 which included public water systems,
 State governments, laboratories, and
 other stakeholders. While EPA will not
 formally respond to these comments,
 EPA has carefully considered them in
 developing today's proposal.
 III. Public Health Risk
  Chlorine has been widely used as a
 chemical disinfectant, serving as a
 principal barrier to microbial
 contaminants in drinking water.
 However, the microbial risk reduction
 attributes of chlorination have been
 increasingly scrutinized due to concerns
 about potential increased health risks
 from exposure to disinfection
byproducts, which are formed when
 certain disinfectants interact with
 organic and inorganic material in source
waters. Since the discovery of
 chlorination byproducts in drinking
water in 1974, numerous toxicological
 studies have shown several DBPs (e.g.,
bromodichloromethane, bromoform,
chloroform, dichloroacetic acid,
trichloroacetic acid and bromate) to be
carcinogenic in  laboratory animals.
These findings of carcinogenicity
influenced EPA to promulgate the
TTHM Rule in 1979 and the Stage 1
DBPR in 1998. The Stage 1 DBPR
primarily addressed possible
carcinogenic effects (e.g., bladder, colon
and rectal cancers} reported in both
human epidemiology and laboratory
animal studies. Since the Stage 1 DBPR,
new health studies continue to support
an association between bladder, colon
and rectal cancers from long-term
exposure to chlorinated surface water.
In addition to cancer effects, recent
studies have reported associations
between use of chlorinated drinking
water and a number of reproductive and
developmental endpoints including
spontaneous abortion, still birth, neural
tube defect, pre-term delivery, low birth
weight and intrauterine growth
retardation (small for gestational age).
Short-term, high-dose animal screening
studies on individual byproducts (e.g.,
bromodichloromethane (BDCM), and
certain haloacetic acids) have also
reported adverse reproductive and
developmental effects  (e.g., whole litter
resorption, reduced fetal body weight}
that are similar to those reported in the
human epidemiology studies. This
section discusses the new studies that
have become available since
promulgation of the Stage 1 DBPR and
how they contribute to the weight of
evidence for an association between
health effects and exposure to
chlorinated surface water.
  While the Stage 1 DBPR was targeted
primarily at reducing long-term
exposures to elevated levels of DBPs to
address chronic health risks from
cancer, the Stage 2 DBPR targets
reducing short-term  exposures to
address potential reproductive and
developmental health risks and cancer
risks.
  Based on the weight of evidence from
both the human epidemiology and
animal toxicology data on cancer and
reproductive and developmental health
effects and consideration of the large
number of people exposed to
chlorinated byproducts in drinking
water (approximately 254 million), EPA
concludes that: (1) Current reproductive
and developmental health effects data
support a hazard concern, (2) new
cancer data strengthens the evidence of
an association of chlorinated water with
bladder cancer and suggests an
association for colon and rectal cancers,
and (3) the combined health data
warrant regulatory action beyond the
Stage 1 DBPR.
A. Reproductive and Developmental
Epidemiology
  The following section briefly
discusses reproductive and
developmental epidemiology
information EPA analyzed, some
conclusions of these studies and reports,
and implications for the Stage 2 DBPR.
Further discussion of the implications
and EPA's conclusions can be found in
the Stage 2 Economic Analysis (USEPA
2003i).
  EPA has evaluated recently published
epidemiological studies examining the
relationship between exposure to
contaminants in chlorinated surface
water and adverse reproductive and
developmental outcomes. EPA also
considered critical reviews of the
epidemiological literature by Reif et al.
(2000), Bove et al (2002), and
Nieuwenhuijsen et al.  (2000). Based on
these evaluations, EPA believes that the
reproductive and developmental
epidemiology data contribute to the
weight of evidence on  the potential
health risks from exposure to
chlorinated drinking water. Although
the data are not suitable for a
quantitative risk assessment at this time,
due in part to inconsistencies in the
findings, they do suggest that exposure
to DBPs is a potential reproductive and
developmental health hazard.
1. Reif et al. 2000
  Reif et al. (2000) completed a critical
review of the epidemiology literature
pertaining to reproductive and
developmental effects of exposure  to
disinfection byproducts in drinking
water as a report to Health Canada. The
review focused on 16 peer-reviewed
scientific manuscripts  and published
reports and evaluated associations
between DBF exposure and outcomes
grouped as effects on: (1) Fetal growth—
low birth weight (<2500g); very low
birth weight (<1500g);  preterm delivery
(<37 weeks of gestation) and
intrauterine growth retardation (or small
for gestational age); (2) fetal viability
(spontaneous abortion and stillbirth)
and (3) fetal malformations (all
malformations, oral cleft defects, major
cardiac defects, neural tube defects, and
chromosomal abnormalities).
  a. Fetal growth. Reif et al. (2000)
found inconsistent epidemiological
evidence for an association between
DBPs and fetal growth. Some studies
found weak but statistically significant
associations (Gallagher et al. 1998;  Bove
etal 1992 and 1995), while two studies
found no association (Dodds et al. 1999;
and Savitz et al. 1995) with fetal growth.
  b. Fetal viability. Reif et al. 2000's
review of the literature found
inconsistencies in the epidemiological
evidence for the association between
DBF exposure and fetal viability. For
instance, the study by Waller et al.  1998
found an apparent dose-dependent
increase in rates of spontaneous

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Federal  Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed Rules
 abortions associated with TTHMs in
 California. On the other hand, Savitz et
 al (1995) found little evidence of an
 association using either the
 concentration of TTHM £81 ug/L or a
 dose estimate based on the amount of
 tap water consumed. An increased risk
 of stillbirth was reported for women in
 Nova Scotia by Dodds et al. 1999, but
 in New Jersey, Bove et al (1992,1995)
 found little evidence of an association
 with TTHM at 80 ug/L, but did report
 a weak association between stillbirth
 and use of surface water systems.
 Aschengrau et al. (1993) found an
 association between stillbirth and the
 use of a chlorinated vs. chloraminated
 surface water supply, but not  for
 exposure to surface water.
   c. Fetal malformations and other
 developmental anomalies. Reif et al.
 (2000) considered the data for
 congenital anomalies to be inconsistent
 across the six studies that have explored
 these outcomes. For example, two of the
 four studies on neural tube defects
 (Bove etal. 1995; Magnus era/. 1999)
 reported significant excess risks, but the
 remaining two studies (Dodds et al.
 1999; Klotz and Pyrch et al. 1999) did
 not. These studies found lower risks or
 no evidence of an association  with
 TTHM. However, those studies were
 conducted in locations with either very
 low or high concentrations of DBFs
 which may have limited the contrast in
 exposures, thereby reducing the ability
 to detect increased risks. An assessment
 of congenital anomalies is also difficult
 due to the relatively small number of
 cases available for evaluation.
  Overall, Reif et al. (2000) conclude
 that the weight of evidence from the
 epidemiological studies suggest that
 "DBFs are likely to be reproductive
 toxicants in humans under appropriate
 exposure conditions." Reif et al.
 comment that data from animal studies
 of individual DBFs provide biological
 plausibility for the effects observed in
 epidemiological studies. Although the
 authors recognize that the "data are
 primarily at the stage of hazard
 identification," they conclude that
 "measures aimed at reducing the
 concentrations of byproducts could
 have a positive impact on public
 health."
 2. Bove et al. 2002
  Bove et al. (2002) conducted a
 qualitative review of 14 epidemiological
 studies that evaluated possible
 developmental and reproductive
endpoints associated with exposure to
chlorination byproducts in drinking
water. Similar to Reif et al., Bove et ai.
evaluated associations between DBF
exposure and  outcomes grouped as
                      effects on (1) fetal growth—small for
                      gestational age fSGA) as defined in each
                      study (usually defined as the fifth or
                      tenth percentile weight by gestational
                      week of birth); (2) fetal viability-
                      spontaneous abortion and stillbirth; and
                      (3) fetal malformations (neural tube
                      defects, oral clefts, and cardiac defects).
                        a. Fetal growth. Bove et al. found that,
                      although the studies that evaluated SGA
                      had several limitations, three studies
                      out of eight (Kramer et al. 1992, Bove et
                      al. 1995, and Gallagher et al. 1998)
                      "provided moderate evidence for a
                      causal relationship between a narrow
                      definition of SGA*  * * and TTHM
                      levels that could be found currently in
                      some U.S. public water systems." They
                      also concluded that the study with the
                      best exposure assessment found the
                      strongest association between SGA and
                      TTHM exposure (Gallagher et al. 1998).
                      One study found a very weak
                      association (Dodds etal. 1999) and the
                      other four did not observe an
                      association (Yang etal 2000, Kanitz et
                      al. 1996, Kallen et al. 2000, and Jaakkola
                      et al. 2001).
                       b. Fetal viability. Bove et al. evaluated
                      three studies on spontaneous abortion
                      and three studies on stillbirth. Again,
                      Bove et al. found that the study
                      employing the best methods found the
                      strongest association between TTHM
                      exposure and spontaneous abortions
                      (Waller et a!. 1998). The other two
                      studies (Savitz et al. 1995 and
                      Aschengrau et al. 1989) found weak
                      associations.  Two of the  studies
                      investigating stillbirths found an
                      association between stillbirths and
                      chlorinated surface water (Dodds et al.
                      2001 and Aschengrau et  al. 1993). The
                      third study (Bove et al. 1995) found no
                      association, however this study did not
                      evaluate individual THM levels or cause
                      of death information.
                       c. Fetal malformations. Bove et al.
                      evaluated seven studies that
                      investigated the relationship between
                      birth defects and DBF exposure. This
                      evaluation found "consistency among
                      these studies  in the findings for neural
                      tube defects and oral cleft defects, but
                      not for cardiac defects. Associations
                      were found for neural tube defects in all
                      three studies that examined neural tube
                      defects. These studies also evaluated
                      levels of THM exposure (Bove et al.
                      1995; Dodds et al. 1999; Klotz et al.
                      1999)." Two studies evaluated oral cleft
                     defects and levels of THMs; one found
                     an association with TTHM (Bove et al.
                     1995) and the other found an
                     association with chloroform (Dodds et
                     al. 2001). A third study that did not
                     evaluate THM levels did  not identify an
                     association with oral cleft defects
                     (Jaakkola et al. 2001). Bove et al 1995
 found an association between cardiac
 defects and TTHM, but Dodds et al.
 1999, 2001 and Shaw et al 1991 did
 not. An association between
 chlorination and urinary tract defects
 was found in the three studies that
 evaluated that endpoint (Kallen et al.
 2000; Magnus et al 1999; Aschengrau et
 al 1993).
   Bove et al (2002) concluded that the
 current reproductive and developmental
 epidemiological database for exposure
 to chlorinated byproducts  in drinking
 water presents moderate evidence for
 associations between DBF  exposure and
 SGA, neural tube defects and
 spontaneous abortion. The authors
 acknowledged the  difficulties in
 assessing exposure with any precision
 in the studies reviewed, but held the
 opinion that misclassification of
 exposure would tend to underestimate
 rather than overestimate the risk.
 3. Nieuwenhuijsen et al 2000
   Nieuwenhuijsen et al (2000)
 reviewed the toxicological and
 epidemiological literature  and evaluated
the potential risk of chlorination DBFs
 on human reproductive  health. The
 authors state that "some studies have
 shown associations for DBFs and other
 outcomes such as spontaneous
 abortions, stillbirths and birth defects,
 and although the evidence for these
 associations is weaker it is gaining
 weight." Nieuwenhuijsen et al. also
 concluded that, "although  studies report
 small risks that are difficult to interpret,
the large number of people exposed to
 chlorinated water supplies constitutes a
public health concern."

4. Additional Epidemiology Studies
  Three new reproductive  and
 developmental epidemiological studies
were completed that were not included
in the Reif et al. 2000, Bove et al 2002,
or Nieuwenhuijsen et al 2000 literature
reviews.
  Waller et al. 2001, recalculated the
total trihalomethane exposures from
their original publication (Waller et al
1998) to evaluate two exposure
assessment methods (closest site and
utility-wide average). The new
calculations were intended to reduce
exposure misclassification  by
employing weighting factors and subset
analyses. As in the  1998 publication, the
new methods found a relationship
between spontaneous abortion and THM
exposure, although the unweighted
utility-wide point estimate  was lower
than reported in the original
manuscript.
  Hwang et al 2002, assessed the effect
of water chlorination byproducts on
specific birth defects in Norway by

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                 Federal Register/Vol. 68, No.  159/Monday,  August 18, 2003/Proposed Rules
                                                                     49559
classifying exposure on the basis of
chlorination (yes/no) and amount of
natural organic matter in the water.
Statistically significant associations
with exposure were found for risks of
any birth defect, cardiac, respiratory,
and urinary tract defects. For specific
birth defects, a statistically significant
association was found for a defect of the
septum in the heart.
  Windham et al., 2003, assessed the
relationship between exposure to THMs
in drinking water and characteristics of
the menstrual cycle among 403 women
who provided daily urine samples for
an average of 5.6 cycles. Women whose
tap water had TTHM levels more than
0.060 mg/1 had statistically significantly
shorter menstrual cycles than women
whose tap water had  lower TTHMs. On
average, the menstrual cycles of women
with the higher levels of TTHMs were
one day shorter than  cycles of women
with the lower levels (adjusted
difference: -1.1 days, 95% confidence
interval:  -1.8 days to - 0.4 days). This
shortening occurred during the first half
of the cycle, before ovulation (adjusted
difference: -0.9 days; 95% confidence
interval:  -1.6 days to -0.2 days). There
were no changes in bleed length or in
the regularity of the cycles. Based on
their study, Windham et al., 2003,
suggested'that THM exposure may affect
ovarian function, but since this is the
first study to examine human menstrual
cycle variation in relation to THM
exposure, more research is needed to
confirm the relationship. The public
health implication of a small reduction
in menstrual cycle length is not clear,
but if THMs are related to disturbances
in ovarian function, that might provide
insight into the observed associations
between THMs and a variety of adverse
reproductive outcomes.
  EPA's epidemiology research program
continues to examine the relationship
between exposure to  DBFs and adverse
developmental and reproductive effects.
The Agency is supporting several
studies using improved study designs to
provide better information for
characterizing potential risks. Details on
EPA's epidemiology research program
can be found  at http://
cfint.rtpnc.epa .gov/dwportal/cfm/
dwMDBP.cfm.
B. Reproductive and Developmental
Toxicology
  Several new reproductive and
developmental toxicology studies have
become available since the December
1998 Stage 1 DBPR. This discussion
presents some conclusions derived from
these studies and reports, including
hazard identification, as well as
implications for the Stage 2 DBPR.
  EPA conducted a literature search of
animal toxicology studies on chronic
and subchronic DBF exposures
associated with reproductive and
developmental health effects, evaluated
the current reproductive and
developmental toxicological database
for several individual DBFs, and
assessed two independent reviews (Tyl
2000 and WHO 2000). As a result of
these analyses, EPA has concluded that
although the  database is not strong
enough to quantify risk, it is sufficient
to support a hazard concern. This
hazard concern supports the need to
address potential reproductive and
developmental health effects in the
Stage 2 DBPR. The following section
describes how this conclusion was
reached.
1. EPA Analysis and Research
   Since the Stage 1 DBPR, EPA has
continued to support reproductive and
developmental  toxicological research on
various disinfection byproducts through
extramural and intramural research
programs. Information on EPA's
toxicology programs can be found at
http://www.epa.gov/nheerl/. These
studies, along with data on several DBFs
published after the 1998 Stage 1 DBPR,
are summarized in the updated
children's health document, "Health
Risks to Fetuses, Infants, and Children:
A Review" (USEPA 2003a).
  In addition to this compilation of
data, EPA has also prepared individual
health criteria documents that provide
detailed summaries of the relevant new
information, as well as an overall
characterization of the human health
risks from exposure to certain DBFs
(USEPA 2003b-USEPA 2003h, USEPA
20031). From these new evaluations,
EPA has concluded that several new
studies on individual byproducts
contribute to the weight of evidence for
an association between DBF exposure
and  adverse effects on the developing
fetus and reproduction. These effects
include fetal loss, cardiovascular effects,
and  male reproductive effects and are
associated with bromodichloromethane
(BDCM), dichloroacetic acid (DCAA),
trichloroacetic acid (TCAA),
bromochloroacetic acid (BCAA), and
dibromoacetic acid (DBAA). The data
from these new studies do not change
the MCLGs that were established as a
part of the Stage 1 DBPR.

2. Tyl 2000
  Tyl (2000) conducted a
comprehensive review of the
reproductive and developmental
toxicology literature on DBFs
representing over thirty-five studies.
Adverse effects reported by these
studies include developmental effects,
whole litter resorption, reduced fetal
body weights, and male reproductive
effects (e.g., inhibited spermiation,
increased abnormal sperm). Many of
these studies are categorized as high-
dose, short-term screening studies that
can be used to assess potential hazard
(Table III-l), while the long term, two-
generation reproduction studies could
be an appropriate basis for quantitative
risk assessment.
                            Disinfectant/DBP
                                  Screening
                                                                                     Developmental 2
                       Two-generation 3
                         reproductive
 Chlorine 	
 Chlorine Dioxide 	
 Chloramine 	
 Chloroform	
 Bromoform 	
 Bromodichloromethane ...
 Dibromochloromethane ...
 Monochloroacetic acid	
 Dichloroacetic acid 	
 Trichloroacetic acid  	
 Monobromoacetic acid ....
 Dibromoacetic acid	
 Tribromoacetic acid  	
 Bromochloroacetic acid ...
 Bromodichtoroacetic acid
 Dibromochtoroacetic acid
                                                             in progress
                                                             in progress

                                                             in planning stage

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Federal  Register/Vol.  68,  No. 159/Monday, August 18, 2003 / Proposed  Rules

Disinfectant/DBP











MX 	

Chlorite 	

Screening 1
^
^
^
j/
^

^
^
^
^
^
^
^
^

Developmental 2

^
^
^


^
^



i/

i/

Two-generation 3
reproductive













^
  • denotes the availability of at least one study in the following categories.
  1 Screening studies are for hazard identification. These types of studies include the following: whole embryo culture, NTP 35-day screening
studies, Chernoff-Kavlock and its modified version, and short-term male reproductive toxicity screen.
  2 Developmental studies are used for dose-response determinations.
  3Two-generation reproductive studies are multi-generation reproductive toxicity studies used for dose-response determinations.
  Tyl concluded that, "The screening
studies, performed for a number of '
DBFs, are 'adequate' and 'sufficient'
only to detect potent reproductive/
                      developmental toxicants for hazard
                      identification." Tyl further confirms
                      that the database identifies certain DBFs
                      with potential reproductive or
developmental effects (Table III-2) and
these are discussed further in the next
section.
 TABLE 11I-2.— POTENTIAL HAZARDS OF DBPs FOR REPRODUCTIVE AND DEVELOPMENTAL EFFECTS (ADAPTED FROM TYL,
                                                      2000)
                      Type of hazard
                                                             Disinfection byproducts
Developmental defects
Whole litter resorption
Fetotoxicity {reduced fetal body weights, increased variations)

Male reproductive effects (spermatotoxic)  	
                                          TCAA, DCAA, MCAA and chlorite.
                                          Chloroform, bromoform, BDCM, DBCM,  DCAA, TCAA,  DCAN, and
                                           TCAN.
                                          Chloroform, BDCM, DBCM, DCAA,  TCAA, DCAN, TCAN,  DBAN,
                                           BCAN, MCAN.
                                          DCAA, DBAA, BDCM.
  a. Developmental defects. Tyl noted
that adverse developmental effects that
were reported from whole embryo
culture tests on the developing heart,
neural tube, eye, pharyngeal arch, and
somites tended to be associated with
haloacetic acids tested at high doses
(Hunter et al. 1996; Saillenfait et al
1995, Smith et a]. 1989). Cardiovascular
effects were also observed in vivo for
TCAA and DCAA from developmental
segment II toxicity studies at high doses
(Smith efaA 1988,1990).
  b. Whole litter resorption. Whole litter
resorption, likened to miscarriage or
spontaneous abortion by Tyl 2000, was
also observed at high doses in vivo for
a range of DBPs as indicated in Table
III-2 (Murray et a].  1979, Balster and
Borzellca, 1982, Narotsky et al. 1992;
1997 a, b; Bielmeier et al 2001; Smith
et aL 1990; Smith et al. 1988). Tyl noted
that similar effects were observed in
several epidemiology studies.
  c. Fetal toxicity. Fetal toxic effects
such as reduced fetal body weights and
increased variation were observed at
high doses in vivo for a range of DBPs
(e.g., chloroform, BDCM, DBCM, DCAA,
                      TCAA, DCAN, TCAN, DBAN, BCAN)
                      (Thompson et al. 1974; Schwetz et al.
                      1974; Murray et aL 1979; Ruddick et al.
                      1983; Narotsky et al. 1992, Balster and
                      Borzelleca, 1982; Smith et al. 1990).
                      Again, Tyl noted a similarity in effects
                      observed in epidemiology studies.
                        d. Male reproductive effects. Animal
                      toxicology studies report increased risks
                      of adverse effects on the male
                      reproductive system from high doses of
                      haloacetic acids and other DBPs that
                      have not been studied in human
                      epidemiology studies. Male
                      reproductive effects (e.g., inhibited
                      spermiation, reduced epididymus,
                      sperm number and motility, increased
                      abnormal  sperm, testicular damage and
                      inhibited in vitro fertilization) were
                      reported for DCAA,  DBAA, TCAA and
                      BDCM (Toth et al. 1992, Linder et al.
                      1997a, b; Linder et al. 1994a, b; Cosby
                      and Dukelow 1992). Dr. Tyl noted that
                      the adverse effects observed in the male
                      reproductive toxicity screening studies
                      (Toth el al. 1992; Linder et al. 1994a, b;
                      19,97a, b) are confounded by a short
                      dosing regimen and administration of
                      test doses to only adult males.
  From her review of the
comprehensive animal toxicology
database on reproductive and
developmental health  effects from DBF
exposure, Dr. Tyl concludes that "some
DBPs have an intrinsic capacity to do
harm, specifically to the developing
conceptus and the male (and possibly
the female) reproductive system". She
concludes that "there is hazard to
development from the haloacetic acids
(TCAA, DCAA, MCAA) and acetate; to
development from chloroform,
bromoform, BDCM, DBCM, DCAA,
TCAA, DCAN, and TCAN expressed as
full litter resorption (which most likely
indicates maternal endocrine/uterine
effects); and fetotoxicity for chloroform,
BDCM, DBCM, DCAA, TCAA, DCAN,
TCAN, DBAN, BCAN, CAN,
acetaldehyde, and possibly
formaldehyde. Reproductive hazard
exists for DCAA, DBAA, and possibly ,
formaldehyde in males and for TCE and
possibly formaldehyde in females."

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                 Federal Register/Vol.  68,  No. 159/Monday, August 18, 2003/Proposed Rules
                                                                     49561
 3. World Health Organization Review of
 the Reproductive and Developmental
 Toxicology Literature (2000)
   The International Programme on
 Chemical Safety (IPCS) published an
 evaluation of Disinfectants and DBFs in
 its Environmental Health Criteria
 monograph series (WHO 2000). In this
 review of the toxicology data on
 reproductive and developmental effects
 from DBF exposure, the World Health
 Organization (WHO) concludes that
 although the data on these effects are
 not as robust as the cancer database,
 these effects are of potential health
 concern. The WHO concludes that
 reproductive effects in females have
 been principally embryolethality and
 fetal resorptions associated with the
 haloacetonitriles (trichioroacetonitrile,
 dichloroacetonitrile,
 bromochloroacetonitrile, and
 dibromoacetonitrile) and the
 dihaloacetates, while DCAA and DBAA
 have both been associated with adverse
 effects on male reproduction.

 4. New Studies
  Christian et ol. (2001) conducted a
 developmental toxicity study with
 pregnant New Zealand White rabbits
 exposed to BDCM in drinking water at
 concentrations of 0,15, 150, 450, and
 900 ppm in drinking water on gestation
 days 6-29. The no observed adverse
 effect level (NOAEL) and lowest
 observed adverse effect level (LOAEL)
 identified for maternal toxicity in this
 study were 13.4 mg/kg-day (150 ppm)
 and 35.6 mg/kg-day (450 ppm),
 respectively, based on decreased body
 weight gain. The developmental NOAEL
 was 55.3 mg/kg-day (900 ppm) based on
 absence of statistically significant, dose-
 related effects at any tested
 concentration. Christian et al. (2001)
 also conducted a developmental study
 of BDCM in a second species, Sprague-
  wley rats. Rats were exposed to
 3DCM in the drinking water at
 concentrations of 0, 50,150, 450, and
 900 ppm on gestation days 6 to 21. The
 concentration-based maternal NOAEL
 and LOAEL for this study were 150 ppm
 and 450 ppm, respectively, based on
 statistically significant, persistent
 eductions in maternal body weight and
 »ody weight gains. Based on the mean
consumed dosage of
 iromodichloromethane, these
concentrations correspond to doses of
18.4 mg/kg-day and 45.0 mg/kg-day,
 espectively. The concentration-based
developmental NOAEL and LOAEL
were 450 ppm and 900 ppm,
 espectively, based on a significantly
 lecreased number of ossification sites
   fetus for the forelimb phalanges
 (bones of the hand or the foot) and the
 hindlimb metatarsals and phalanges.
 These concentrations correspond to
 mean consumed doses of 45.0 mg/kg-
 day and 82.0 mg/kg-day, respectively.
   Christian et a!. (2002b) summarized
 the results of a two-generation
 reproductive toxicity study on
 bromodichloromethane conducted in
 Sprague-Dawley rats.
 Bromodichloromethane was
 continuously provided to test animals in
 the drinking water at concentrations of
 0, 50,150, or 450 ppm. Average daily
 doses estimated for the 50, 150,  and 450
 ppm concentrations were reportedly 4.1
 to 12.6,11.6 to 40.2,  and 29.5 to 109 mg/
 kg-day, respectively. The parental
 NOAEL and LOAEL were 50 and 150
 ppm, respectively, based on statistically
 significant reduced body weight and
 body weight gain; Fl and F2 generation
 pup body weights were reduced in the
 150 and 450 ppm groups during the
 lactation period after the pups began to
 drink the water provided to the dams.
 Body weight and body weight gain were
 also reduced in the 150 and 450 ppm Fl
 generation males and females. A
 marginal effect on estrous cyclicity was
 observed in Fl females in the 450 ppm
 exposure group. Small (<6%), but
 statistically significant, delays in Fl
 generation sexual maturation occurred
 at 150 (males) and 450 ppm (males and
 females) as determined by timing of
 vaginal patency or preputial separation.
 The study's authors considered these
 effects to be a secondary response
 associated with reduced body weight,
 which appears to be dehydration
 brought about by taste aversion to the
 compound. The results of this study
 identify NOAEL and LOAEL values for
 reproductive effects of 50 ppm (4.1 to
 12.6 mg/kg-day) and 150 ppm (11.6 to
 40.2 mg/kg-day), respectively, based on
 delayed sexual maturation.
  Bielmeier et al.  (2001) conducted a
 series of experiments to investigate the
 mode of action in
 bromodichloromethane-induced full
 litter resorption (FLR). The study
 included a strain comparison of F344
 and Sprague-Dawley  (SD) rats. In the
 strain comparison experiment, female
 SD rats (13 to 14/dose group) were
 dosed with 0, 75, or 100 mg/kg-day by
 aqueous gavage in 10%  Emulphor® on
 CD 6 to 10. F344 rats  (12 to 14/dose
group) were dosed with 0 or 75 mg/kg-
day administered in the same vehicle.
The incidence of FLR in the
bromodichloromethane-treated F344
rats was 62%, while the incidence of
FLR in SD rats treated with 75 or 100
mg/kg-day of bromodichloromethane
was 0%. Both strains  of rats showed
similar signs of maternal toxicity, and
 the percent body weight loss after the
 first day of dosing was comparable for
 SD rats and the F344 rats that resorbed
 their litters. The rats were allowed to
 deliver and pups were examined on
 postnatal days 1 and 6. Surviving litters
 appeared normal and no effect on post-
 natal survival, litter size,  or pup weight
 was observed. The series  of experiments
 conducted by Bieimeier et al. (2001)
 identified a LOAEL of 75  mg/kg-day (the
 lowest dose tested) based on FLR in
 F344 rats. A NOAEL was  not identified.
 Mechanistic studies indicate that
 BDCM-induced pregnancy loss is likely
 to be luteinizing hormone (LH)-
 mediated (Bielmeier et al., 2001). It is
 possible that BDCM alters LH levels by
 disrupting the hypothalamic-pituitary-
 gonadal axis  or by altering the
 responsiveness of the corpora lutea to
 LH. Since these possible mechanisms
 are potentially relevant to pregnancy
 maintenance in humans, EPA believes
 the finding of BDCM-induced pregnancy
 loss in F344 rats is relevant to risk
 assessment, and may provide insight
 into the epidemiological finding of
 increased risk of spontaneous abortion
 associated with consumption of BDCM
 (Waller efoj. 1998, 2001).
  Christian et al. (2002a) recently
 completed a two-generation drinking
 water study of DBA in rats. Male and
 female Sprague-Dawley rats (30/sex/
 exposure group) were administered
 DBA in drinking water at  concentrations
 of 0, 50, 250,  or 650 ppm continuously
 from initiation of exposure of the
 parental (P) generation male and female
 rats through weaning of the F2 offspring.
 Based on testicular histomorphology
 indicative of abnormal spermatogenesis
 in P and Ft males, the parental and
 reproductive/developmental toxi city
 LOAEL and NOAEL are 250 and 50
 ppm, respectively.
  Previous studies by EPA have
 reported adverse effects of DBA,
 administered via oral gavage, on
 spermatogenesis that impacted male
 fertility (Linder et al. 1994a, 1995,
 1997a) at doses-comparable to those
 achieved in the Christian et al. (2002a)
 study. Based on these studies
 collectively, it is clear that DBA is
 spermatotoxic. Moreover,
 Veeramachaneni et al. (2000) reported
 in an abstract that sperm from male
rabbits exposed to DBA in utero from
gestation days 15 and throughout life
reduced the fertility of artificially
inseminated females as evidenced by
reduced conceptions. When published,
this study may support the evidence
that DBA is a  male reproductive system
toxicant.
  In addition, research on DBA by
KHnefelter et  al. (2001) has

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Federal  Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed  Rules
demonstrated statistically significant
delays in both vaginal opening and
preputial separation using the body
weight on the day of acquisition
(postnatal day 45) as the co-variant. This
was not found by Christian et a] (2002a)
using the body weight at weaning as the
statistical covariant. However, the
authors analyzed the data for preputial
separation and vaginal opening with
body weight on the day of weaning as
a co-variant rather than body weight on
the day of acquisition, i.e., the day that
the prepuce separates or the day the
vagina opens. It is likely that there was
an increase in body weight from
postnatal day 21 (weaning) until
preputial separation (day 45) that was
independent of the delay in sexual
maturation.
  Although the Christian et al (2002a)
study was conducted in accordance
with EPA's 1998 testing guidelines, EPA
has incorporated newer, more
sophisticated measures into recent
intramural  and extramural studies that
have not yet been incorporated  into the
testing guidelines. Such measures
include measuring changes in specific
proteins in the sperm membrane
proteome and fertility assessments via
in utero insemination. EPA believes that
additional research is needed, utilizing
these newer toxicologicaJ measures, to
clarify the extent to which DBA poses
human reproductive or developmental
risk. The database on male reproductive
effects from exposure to DBA is
incomplete and is not suitable for
quantitative risk assessment at this time.
It does, however, identify reproductive
effects as an area of concern.
C. Conclusions Drawn From the
Reproductive and Developmental
Health Effects Data
  EPA believes that the weight  of
evidence of the best available science, in
conjunction with the widespread
exposure, supports regulatory changes
that target peak DBF exposures
specifically through the Stage 2 DBPR.
Several epidemiology studies found
statistically significant associations
between exposure to chlorinated
drinking water and fetal growth,
spontaneous abortion, stillbirth, and
neural tube defects. Although
uncertainties remain and the current
database does not support a quantitative
reproductive and developmental risk
assessment for most of the DBPs, the
weight of evidence provides an
indication of a hazard concern that
warrants additional regulatory action
beyond the Stage 1 DBPR.
  Biological plausibility for the effects
observed in epidemiological studies has
been demonstrated through various
                      toxicological studies. Tyl 2000 states
                      that "effects observed in animal studies
                      included embryonic heart and neural
                      tube defects from haloacetic acids in
                      vitro and in vivo, and full litter
                      resorption, reduced numbers of
                      implants per litter, and reduced fetal
                      body weight per litter were also
                      observed from exposure to specific
                      trihalomethanes. Comparable effects
                      were also observed in children in some
                      (but not all) epidemiological studies,
                      with exposure to trihalomethanes
                      (THMs) usually used as a surrogate for
                      specific DBP classes or individual DBPs,
                      as follows: increased incidences of
                      cardiac defects (Bove et al 1995) and of
                      neural tube defects in children (Bove et
                      al 1995; Dodds et al 1999; Klotz and
                      Pyrch 1998) were reported. Intrauterine
                      growth retardation (IUGR,
                      approximately equivalent to reduced
                      fetal body weights per litter) was
                      reported to be associated with
                      waterborne chloroform (Kramer et al.
                      1992; Bove et al 1995; Gallagher et al.
                      1998). Miscarriage or spontaneous
                      abortion, or stillbirth (approximately
                      equivalent to whole litter resorption,
                      reduced numbers of total and/or live
                      implants per litter, and increased
                      resorptions per litter) were observed by
                      Waller et al., 1998; Dodds et al., 1999;
                      andBoveetaA, 1995."
                        Similarity of effects between animals
                      and humans lends credence to and
                      strengthens the weight of evidence for
                      an association between adverse
                      reproductive and developmental health
                      effects and exposure to chlorinated
                      surface water. EPA believes that the
                      weight of evidence of both the
                      reproductive and developmental
                      toxicological and epidemiological
                      databases suggests that exposure to
                      DBPs may induce potential adverse
                      health effects on reproduction and fetal
                      development at some DBP exposures.
                      However, additional toxicological work
                      is necessary to identify the mode of
                      action for the effects observed,
                      D. Cancer Epidemiology
                        Epidemiological studies on cancer
                      provide valuable information that
                      contributes to the overall evidence on
                      the potential human health hazards
                      from exposure to chlorinated drinking
                      water. In the area of epidemiology, a
                      number of studies have been conducted
                      to investigate the relationship between
                      exposure to chlorinated surface water
                      and cancer. While EPA cannot conclude
                      there  is a causal link between exposure
                      to chlorinated surface water and cancer,
                      some studies have found an association
                      between bladder, rectal and colon
                      cancer and exposure to chlorinated
                      surface water.
1. Population Attributable Risk Analysis
  Some epidemiological studies have
linked the consumption of chlorinated
surface waters to an increased risk of
two major causes of human mortality in
the United States, colorectal and
bladder cancers (Cantor 1998). Bladder
cancer was chosen as the primary
endpoint of concern in the Stage 1
DBPR (USEPA 1998f) economic analysis
because it had the most consistent
database for a possible association to
chlorinated surface water exposure.
More studies have considered bladder
cancer than any other cancer. EPA used
the published mean risk estimates from
five studies to quantify the potential
range of risk for bladder cancer from
DBP exposure. These risks were
expressed as a range of population
attributable risks (PAR) of 2-17%
(USEPA 1998f). This means that if the
associations reported in the studies turn
out to reflect a causal link, between 2
and 17% of new bladder cancer cases
could be attributable to DBPs. This PAR
range also represents that portion of the
bladder cancer cases that would not
have occurred if the exposure to
chlorinated drinking water were absent.
A complete discussion of the Stage 1
DBPR bladder cancer PAR evaluation,
including uncertainties and
assumptions, can be found in the Stage
2 DBPR Economic Analysis (USEPA
2003S).
  While EPA recognized the limitations
of the epidemiological database for
making risk estimates, the Agency
believed that it was useful for
developing an estimate of bladder
cancer risk. The PARs were derived
from measured risks (Odds Ratios and
Relative Risk) based on the number of
years exposed to chlorinated surface
water. The uncertainties associated with
these PAR estimates are largely due to
the common prevalence of both the
disease (bladder cancer) and exposure
(chlorinated drinking water). EPA
recognizes that risks from chlorinated
drinking water may be lower or higher
than those estimated from the
epidemiological literature, and that the
PAR range could include zero or be
higher than 17%.
  Using the PARs of 2% and 17%, EPA
estimated that the number of possible
bladder cancer cases per year
potentially associated with  exposures to
DBPs in chlorinated  drinking water
could range from 1,100 to 9,300 cases.
This was based on the estimate of
54,500 new bladder cancer cases per
year nationally,  as projected by the
National Cancer Institute for 1997. A
thorough discussion of cancer studies
published prior to 1998 and possible

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                                                                     49563
associations with DBF exposure can be
found in the Stage 1 DBPR (USEPA
1998c).
2. New Epidemiological Cancer" Studies
  New studies published since the Stage
1 DBPR continue to support an
association between bladder, colon and
rectal cancers and exposure to
chlorinated surface water (Yang et al,
1998; Koivusalo et al. 1998; King et al
2000b).  Based on the weight of evidence
provided by the cancer epidemiology
database, EPA has chosen to use the
same PAR analysis to estimate the
primary benefits from bladder cancer
cases potentially avoided as a
consequence of reducing the DBP levels
from the Stage 2 DBPR (see section VII).
For the Stage 2 DBPR analysis, EPA
updated the 1997 estimate of new
bladder cancer cases per year nationally
from 54,500 to 56,500 [projected by the
American Cancer Society, 2002) and
accounted for the reductions in DBP
exposure that were projected for the
Stage 1 DBPR.
  a. New bladder cancer studies.
Bladder cancer and chlorinated DBP
exposure has historically been the most
strongly supported association of all the
possible cancers, based on human
evidence. Two new studies (Yang et al.
1998 and Koivusalo et al, 1998) also
suggest an association of DBP exposure
with bladder cancer. Yang et al, 1998
found a positive association between
consumption of chlorinated drinking
water and bladder cancer. Koivusalo et
al. (1998) found evidence of increased
risk as a function of increasing DBP
exposure duration. Long exposure
durations (>45 years for Koivusalo et al.
1998) were associated with about a two-
fold increase in risk. The new bladder
cancer studies continue to support an
association and potential for a causal
relationship between exposure to
chlorination byproducts and risk for
bladder cancer.
  A new publication by C.M. Villanueva
et al. (Villanueva et al. 2003) reports on
their meta-analysis of case-control and
cohort studies. This meta-analysis may
be useful for improving the estimate of
national population attributable risk
(fraction of bladder cancer cases in the
U.S. that may be attributed to
chlorinated drinking water). Compared
to EPA's current approach (i.e.,
providing a range of population
attributable risks (PAR)), use of the
meta-estimate would provide a more
stable result because:
  •  It provides a single (meta) estimate
of the odds ratio from which to calculate
the  PAR, thereby summarizing the
results across studies, thus reducing the
influence of geographic and temporal
differences.
  • It uses three additional high-quality
studies not included in the PAR range
analysis conducted by EPA (i.e., studies
by Koivusalo et al. 1998, Doyle et al.
1997, and  Vena et al. 1993).
  • It weights the individual studies
according  to their precision, so more
precise estimates (due principally to
greater numbers of cases) carry greater
statistical weight and therefore have
greater influence on the meta-estimate.
  * In addition to the primary analysis,
the authors conducted an evaluation of
the robustness of their conclusions.
They examined the sensitivity of
estimates to decisions made with
respect to  exposure definitions, cut
points defining exposure groups,
inclusion/exclusion of individual
studies, and potential publication bias.
  The meta-analysis provided at least
two meta-estimates that may be useful
for estimating national population
attributable risk:
  • A combined odds ratio for ever-
exposure,  with confidence intervals and
  * A combined dose-response
regression slope coefficient, relating
increasing odds ratios to additional
years of chlorinated drinking water
consumption.
  EPA conducted an  estimate of the
impact of using the meta-analysis to
provide a perspective on the national
population attributable risk. This
estimate is based on the author's
correction of a minor transcription error
in their published manuscript (the
appropriate estimate  for the King study
yields corrected over-all odds ratio for
ever-consumers of 1.2 with 95%
confidence interval of 1.091 to  1.320,
personal communication from M.
Kogevinas to M. Messner, 5/19/2003).
Assuming 70% of the U.S. population is
in the ever-consumed category  (based
on the chlorinated surface water
exposed population), a point estimate of
the population attributable risk using
the odds ratio from the meta-analysis is
12% (95% interval 6% to 18%).
Although EPA's population attributable
risk range  (2% to 17%) was not
intended to convey a quantified level of
confidence, it is not vastly different
from the meta-analysis' 95% confidence
range of 6% to 18%. EPA regards the
meta-range as additional support for
EPA's population attributable risk range.
The meta-analysis provides continued
support for an association between
exposure to chlorinated surface water
and bladder cancer.
  EPA requests comment on the use of
a meta-estimated odds ratios to estimate
national population attributable risk for
the purpose of supporting the benefit
analysis for this rule, either based
specifically on the Villanueva et al.
publication or on the application of a
similar approach. EPA also solicits
comments and suggestions for use of the
combined dose-response regression
slope coefficient associated with the
increased risk of bladder cancer for each
additional year's exposure to DBFs in
drinking water for estimating the drop
in risk associated with a reduction in
DBFs as part of the benefit analysis of
this rule. EPA provides further
discussion and solicitation of comment
on how the slope factor might further be
considered in estimating the benefits of
this rule in the economic section of this
preamble.
  b. New colon cancer studies.
Colorectal cancer is the third most
common type of new cancer cases and
deaths in both men and women in the
U.S. It is estimated that 148,300 new
colorectal cancer cases will be
diagnosed in 2002, with 56,600
resulting in deaths (American Cancer
Society, 2002). Human epidemiology
studies on chlorinated surface water
have reported associations with
colorectal cancer. Since the Stage 1
DBPR, two new human epidemiology
studies (Yang et al. 1998 and King et al.
2000b) have been conducted to
investigate the relationship between
colon cancer and exposure to
chlorinated surface water. Yang et al.
1998 did not identify an association
between consumption of chlorinated
drinking water and colon cancer. The
King et al. (2000b) study found evidence
of a DBP association with colon cancer
among males, but no association was
observed among females.
  Similarity of effects reported in
animal toxicity and human
epidemiology studies strengthen the
weight of evidence for an association
between DBP exposure and colon
cancer. Effects observed in animal
studies which included tumors in
BDCM exposed rats and mice at several
sites (NTP 1987); colon tumors in
bromoform exposed rats (NTP 1989);
and development of aberrant crypt foci,
a preneoplastic lesion of colon cancer in
animals exposed to DBP mixtures
(DeAngelo et al. 2002), are comparable
to observations in some cancer
epidemiological studies showing an
association with colorectal cancer and
consumption  of chlorinated water (King
et al. 2000b).
  Even with the additional study
showing an association, the
epidemiological database on colon
cancer as a whole is not as strong as that
for bladder cancer. However, this new
study increases the weight of evidence
of an association between DBP exposure

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and colon cancer. The Stage 1 DBPR
(USEPA 1998c) includes additional
discussion of colon cancer risks
associated with DBF exposure.
  c. New rectal cancer studies. The
evidence for an association between
DBFs and rectal cancer is stronger than
for colon cancer. Yang et al (1998) and
Hildesheim et al. (1998) both found
associations between chlorinated
drinking water exposure and rectal
cancer, and the associations had a
similar magnitude in both sexes.
Hildesheim et al. also found an
association in both sexes with lifetime
average THM concentration. The
consistency of the dose-response trends,
the consistency between sexes, and the
apparent control of important potential
confounders in this study all support
the observed associations.
  d.  Other cancers. Two new human
epidemiology studies support the
possibility of an association between
DBFs and kidney cancer. Yang et al.
(1998) found a positive association for
both males and females between
consumption of chlorinated drinking
water and kidney cancer. Koivusalo et
al. (1998) found a small, statistically
significant, exposure-related excess risk
for kidney cancer for males. The
association for females was not
significant in the Koivusalo et al, 1998
study. The current database for this
endpoint of cancer, however, is
insufficient to conclude an association.
  Cantor et al. (1999) studied brain
cancer, focusing on gliomas. None of the
exposure variables were related to brain
cancer among females, but males
showed a statistically significant,
monotonically increasing risk associated
with duration of exposure to chlorinated
surface water. This study suggests a
possible association between
chlorination byproducts and gliomas;
however, the evidence from this study
is not strong enough to support a
conclusion of a causal association.
  Infante-Rivard et al. (2001) conducted
a population-based case-control study in
Quebec Province, Canada, to examine
possible associations between
                      childhood acute lymphoblastic
                      leukemia and THMs. There were no
                      associations with leukemia for any of
                      the exposure indices for total THM, or
                      specific THMs. Therefore, the study
                      does not provide evidence of an
                      association between any of the exposure
                      variables and childhood leukemia.
                      3. Review of the Cancer Epidemiology
                      Literature (WHO 2000)
                        The International Programme on
                      Chemical Safety (IPCS) report on
                      disinfectants and disinfection
                      byproducts (WHO 2000) concludes that
                      results of analytical epidemiological
                      cancer studies are insufficient to
                      support a causal relationship for
                      bladder, colon, rectal, or any other
                      cancer and chlorinated drinking water
                      or THMs. The report notes that there is
                      better evidence for an association
                      between exposure to chlorinated surface
                      water and bladder cancer than for other
                      types  of cancer. The WHO also
                      concludes that based on the large
                      number of people exposed to
                      chlorinated drinking water, there is a
                      need to address this potential health
                      concern.
                      E. Cancer and Other Toxicology
                        Few new cancer toxicology studies
                      have been completed since the Stage 1
                      DBPR was finalized in December 1998.
                      The information provided in the
                      following sections adds to the
                      toxicology database and provides
                      additional support for the Stage 2 DBPR
                      to control DBF peaks (e.g. high TTHM
                      and HAAS levels) throughout
                      distribution  systems, but does not
                      change the quantitative assessment of
                      the MCLGs.
                      1. EPA Criteria Documents
                        To date, EPA has established lifetime
                      cancer risk levels for four DBFs
                      (bromoform, bromodichloromethane,
                      bromate, and dichloroacetic acid)
                      classified as "probable" carcinogens, as
                      promulgated in the Stage 1 DBPR and
                      reported in the Integrated Risk
                      Information  System (IRIS). Although
                      researchers have continued to assess the
cancer risks of DBFs, there has been
little change in the overall DBF
carcinogenicity database since the Stage
1 DBPR.
  The most significant new publication
since the Stage 1 DBPR was a study of
DCAA tumorigenicity in mice by
DeAngelo et al. (1999). The Agency has
used the data from this study to revise
the slope factor for DCAA and a
drinking water 10~6 lifetime cancer risk
concentration. The slope factor is a
measure of the potency of a carcinogen
while the 10~f) lifetime cancer risk
concentration provides an estimate of
the concentration  of a contaminant in
drinking water that is associated with an
estimated excess lifetime cancer risk of
one in a million (Table III-3).
  Another significant advancement
beyond the Stage 1 DBPR was the
evaluation of the chloroform
tumorigenicity data on the basis of its
nonlinear mode of action following the
draft 1999 proposed Guidelines for
Carcinogen Risk Assessment (USEPA
I999a). The new chloroform assessment
became  available on IRIS (2001) in
October, 2001 (see section V for a more
detailed discussion).
  The Criteria Documents for
bromoform, bromodichloromethane,
dibromochloromethane, and
dichloroacetic acid that support the
Stage 2 proposal include cancer slope
factors and 10~6 lifetime cancer risk
concentrations that have been modified
from their Stage 1 values in order to
reflect the methodology proposed in the
1996/1999 draft cancer guidelines
(USEPA 1999a) (Table III-3). These
include the values based on the
Maximum Likelihood Estimate of the
dose producing effects in 10 percent of
the animals (EDui) and from the lower
95 percent confidence bound on that
value (LEDio). Except for
dibromochloromethane, which is
classified as a possible human
carcinogen, the DBFs in Table III-3 (and
bromate as noted  previously) are
classified as probable human
carcinogens.
                                  TABLE III—3.—QUANTIFICATION OF CANCER RISK

Disinfection byproduct





Risk factors from LEDio
Slope factor
(mg/kg/day)-1
0.034
0.0045
0.04
0.048
10~6Risk
concentration
(mg/L)
0.001
0.008
0.0009
0.0007
Risk factors from ED10
Slope factor
(mg/kg/day) - '
0.022
0.0034
0.017
0.014
10-" Risk
concentration
(mg/L)
0.002
0.01
0.002
0.003

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                 Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed  Rules
                                                                     49565
  EPA believes that it is important to
 pursue additional research on cancer
 from DBFs. EPA has several ongoing
 studies in addition to a collaboration
 with the National Toxicology Program
 of the National Institute of
 Environmental Health Sciences. More
 information on EPA's toxicology
 research program can be found at http:/
 /www. epa.gov/nheerl.

 2. Other Byproducts with Carcinogenic
 Potential

  a. 3-chloro-4-(dich]oromethyl}-5-
 hydroxy-2(5H)-furanone) (MX)—
 multisite cancer. MX is a byproduct of
 chlorination that is typically found at
 very low concentrations {approximately
 <0.000067 mg/L) in drinking water. The
 information available on MX was
 recently compiled in the Quantitative
 Cancer Assessment for MX and
 chlorohydroxyfuranones (USEPA
 2000i). Overall, the weight of evidence
 indicates that MX is a direct-acting
 ^enotoxicant in mammals, with the
 ability to induce tumors in multiple
 sites. The  primary sites for tumor
 formation are the thyroid and liver.
  b. N-nitrosodimethylamine (NDMA)—
 multisite cancer. Health effects data
 indicate that NDMA is a probable
 luman carcinogen, as described on IRIS
 ^1991). Risk assessments have estimated
 that the 10~6 lifetime cancer risk level
 is 0.000007 mg/L based on induction of
 :umors at  multiple sites. Recent studies
 siave produced new information on the
 occurrence and mechanism of formation
 of NDMA but there is not enough
 information  at this time to draw
 conclusions. More research is underway
 to determine the mechanism by which
 sJDMA is formed in drinking water, and
 the extent of its occurrence in
 chloraminated systems.

 3. Other Toxicological Effects

  The Agency  has modified the
 reference dose (RfD) values for 2 of the
 chlorinated acetic acids since the Stage
 1 DBPR. Under the .Stage 1 DBPR there
was no established RfD for
monochloroacetic acid (MCAA). Data
 rom a drinking water exposure study of
MCAA in rats by DeAngelo et al (1997)
were used to establish an RfD of 0.004
mg/kg/day based on observed increases
 n spleen weight. Data from DeAngelo
 1997) were also used to calculate a new
 tfD of 0.03 mg/kg/day for
 richloroacetic acid (TCAA) based on
observed effects on body weight and
 iver effects. Detailed discussions of the
new reference doses are located in
section V of this preamble.
 4. WHO Review of the Cancer
 Toxicology Literature (2000)
   The IPCS report on Disinfectants and
 Disinfection Byproducts (WHO 2000)
 emphasizes that the bulk of the
 toxicology data focuses primarily on
 carcinogenesis. The Task Group found
 BDCM to be of particular interest
 because it produces tumors in both rats
 and mice at several sites. Although the
 HAAs appear to be without significant
 genotoxic activity, the brominated
 HAAs appear to induce oxidative
 damage to DNA, leading to tumor
 formation.

 F. Conclusions Drawn From the Cancer
 Epidemiology and Toxicology
   EPA believes that the cancer
 epidemiology and toxicology databases
 provide important information that
 contributes to the weight of evidence
 evaluation of the potential health risks
 from exposure to chlorinated drinking
 water. At this time the cancer
 epidemiology studies are insufficient to
 establish a  causal relationship between
 exposure to chlorinated drinking water
 and cancer, but EPA does believe there
 is a potential association. The current
 database is sufficient for quantitative
 analysis on the endpoint of bladder
 cancer, as presented previously in the
 PAR analysis.
   The association between DBP
 exposure and colon cancer remains
 more tenuous than the link to bladder
 cancer, although similarity of effects
 reported in animal toxicity and human
 epidemiology studies strengthens the
 weight of evidence for an association
 between DBP exposure and colon
 cancer. Studies finding potential
 relationships between exposure to
 chlorinated drinking water and rectal,
 kidney, and brain cancer also add to the
 weight of evidence for a public health
 concern. EPA believes that the overall
 cancer epidemiology and toxicology
 data support the decision to pursue
 additional DBP control measures as
 reflected in the Stage 2 DBPR.
 G. Request for Comment
  EPA requests comment on the
 conclusions drawn from the new health
 information summarized in this section.
EPA requests comment on the weight of
 evidence evaluation of the potential
reproductive and developmental
hazards from DBFs and its potential
implications for the regulatory
provisions for the final Stage 2 DBPR.
EPA solicits any additional data on the
reproductive or developmental effects
from DBFs that need to be considered
for the final Stage 2 DBPR.
  EPA requests comment on EPA's
conclusions regarding cancer
 epidemiology and toxicology, and the
 new studies discussed in today's
 proposal. EPA solicits any additional
 cancer epidemiology and toxicology
 data that need to be considered for the
 final Stage 2 DBPR.
   EPA also solicits any health
 information available to further assess
 risk to sensitive subpopulations,
 especially children and the elderly.
 IV. DBP Occurrence Within
 Distribution Systems
   New information on the occurrence of
 DBFs in distribution systems raises
 issues about the protection provided by
 the Stage  1 DBPR. This section presents
 the new information used to identify
 key  issues and to support the
 development of the Stage 2 DBPR. For
 a more detailed discussion see the Stage
 2 Occurrence Assessment for
 Disinfectants and Disinfection
 Byproducts (USEPA 2003o).
   Under the Stage 1 DBPR, compliance
 with the DBP MCLs is determined by
 averaging, annually and system-wide,
 all DBP measurements. The following
 discussion shows that compliance based
 on system averages of DBP
 concentrations allows a significant
 number of sampling locations within
 distribution systems to have DBP levels
 above the MCLs. These peak DBP
 occurrences are masked by averaging
 with lower distribution system
 occurrence levels. The populations
 served by portions of the distribution
 system with higher DBP concentrations
 are not receiving the same level of
 health protection.
  The new information also shows that
 the highest DBP levels often do not
 occur at distribution system sites
 identified as representing maximum
 residence  time. The information further
 shows  that the highest TTHM and
 HAAS  levels often do not occur at the
 same site within the distribution
 system. These  two findings suggest that
 it is appropriate to reevaluate the Stage
 1 DBPR compliance monitoring sites in
 order to target  those sites with high DBP
 levels. EPA believes that distribution
 system compliance monitoring sites
 need to be reevaluated to ensure
 identification of sites that reflect both
 high TTHM and HAAS occurrence.
 A. Data Sources

 1. Information  Collection Rule Data
  The Information Collection Rule
 (USEPA 1996a) established monitoring
 and data reporting requirements for
 large public water systems. Under the
Information Collection Rule, systems
serving at least 100,000 people were
required to conduct DBP and DBP-

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49566
Federal Register/Vol. 68, No.  159/Monday,  August 18, 2003/Proposed Rules
related monitoring. The 18 months of
required monitoring, which began in
July 1997 and ended in December 1998.
applied to 296 public water systems
(500 treatment plants).
  The Information Collection Rule data
show the national occurrence of: (1)
Influent water quality parameters; (2)
primary and secondary disinfectant Use
by the large plants; (3) occurrence of
DBFs and DBF precursors in treatment
plants, finished waters, and
distributions systems; (4) microbial
occurrence (in subpart H systems only);
and (5) treatment plant monthly
operation, and initial as well as final
treatment plant design. The data were
gathered after the Stage 1 DBPR was
finalized (USEPA 1998c) but well before
systems were required to meet Stage  1
DBPR requirements.
  The Information Collection Rule
required a significant investment for the
water treatment industry, as well as for
the EPA to analyze the data. Overall, the
occurrence and treatment data collected
under the Information Collection Rule,
excluding microbial data, was estimated
to cost systems $54 million (USEPA
1996a). In addition, systems using
source waters with high DBF precursor
levels were required  to conduct bench
and pilot studies to evaluate the
effectiveness of granular activated
                       carbon (GAG) and membrane technology
                       to control for DBFs. The estimated cost
                       for these studies totaled approximately
                       $57 million (USEPA 1996a).
                         In addition to the analysis of DBFs in
                       distribution systems, EPA used
                       occurrence data from the Information
                       Collection Rule to confirm selection of
                       TTHM and HAA5 as appropriate
                       contaminants for monitoring DBPs. EPA
                       also used occurrence data from the
                       Information Collection Rule to confirm
                       differences in monitoring requirements
                       for systems using surface water versus
                       those using ground water, as stipulated
                       under the Stage 1 DBR.  Analysis of the
                       Information Collection Rule data
                       indicates that TTHM and HAAS
                       comprise on average, across all systems,
                       about  50% of the total mixture of
                       chlorinated DBPs and that TTHM and
                       HAA5 concentrations are much lower
                       and less variable in ground water
                       systems than in surface water systems.
                       These results support the basis for
                       continuing the use of TTHM and HAA5
                       as indicators for controlling chlorinated
                       DBPs. The data also  reconfirmed that
                       ground water systems require jess
                       monitoring than surface water systems
                       based  on lower and less variable DBF
                       occurrence. For detailed analysis, see
                       Stage  2 Occurrence Assessment for
         Disinfectants and Disinfection
         Byproducts (USEPA 2003o).
         2. Other Data Sources Used To Support
         the Proposal

           Table IV-1 summarizes the data
         sources other than the Information
         Collection Rule used to support the
         Stage 2 DBPR. The data from the
         Information Collection Rule is from
         large systems. To validate the
         conclusions drawn from analysis of the
         Information Collection Rule for small
         and medium systems, EPA compared
         these other data sources with the
         Information Collection Rule data. EPA
         found that there are significant
         similarities between large systems and
         medium and small systems with regard
         to source water quality (affecting DBF
         formation) and use of treatment
         technologies. Because of these
         similarities, EPA expects that small and
         medium systems would find DBF
         distribution system levels similar to
         those found in large systems following
         compliance with the Stage 1 DBPR
         requirements. For detailed discussion of
         this analysis, see Stage 2 Occurrence
         Assessment for Disinfectants and
         Disinfection Byproducts (USEPA 2003o)
         and Economic Analysis for the Stage 2
         Disinfection Byproducts Rule (USEPA
         2003i).
             TABLE IV-1 .—SUMMARY OF NON-INFORMATION COLLECTION RULE OCCURRENCE SURVEY DATA
       Data source
                        Data collected
Geographic representation
    Number of plants
  (By population served)
Information Collection Rule
  Supplemental Survey.
WaterStats
National Rural Water Asso-
  ciation Survey (NRWAS).
State Data-Surface Water ..

State Data-Ground Water ..

Ground Water Supply Sur-
  vey.
        Raw source water-(Large Systems) TOC
        Raw source water-(Small & Medium Survey Systems)
         TOC,  UV 254,  bromide,  turbidity, pH, & tempera-
         ture.

        Population served and flows
        Raw source water—Water
        Quality Parameters (WQPs),
        Source water type.
        Finished water-WQPs, TTHM, HAAs
        Treatment-unit processes, disinfectant used.
        Population served and flows
        Raw  source water-temperatures, turbidity, pH, and
         source water type, bromide, TOC, UV 254, alka-
         linity, calcium, and total hardness.
        Finished water-residence time estimate, total and indi-
         vidual THMs, individual  HAAs and  HAAS, HAA6,
         HAA9.TOC, UV 254, Bromide, Temperature, pH,
         free and total chlorine residual levels.
        Treatment-unit processes, disinfectant used.
        Distribution system TTHM occurrence data.

        Distribution system TTHM occurrence data.

        TOC and TTHM (one sample for each parameter at
         the entry point to distribution system.)
Random national distribu-
  tion by SW source type1.
Random national distribu-
  tion.
Random national distribu-
  tion.
47 serving 100,000 or
  more.
40 serving 10,000-99,999.
40 serving fewer than
  10,000.
219 serving 100,000 or
  more.
623 serving 10,000-99,999.
30 serving fewer than
  10,000.

117 serving fewer than
  10,000.
AK, CA, IL, MN, MS, NC,
  TX, WA2.
AK, CA, FL, IL, NC, TX,
  WA2.
Random national distribu-
  tion.
562 serving fewer than
  10,000.
2336 serving fewer than
  10,000.
979 total.
  1 Source type designations include flowing stream and lake/reservoir (Except for 7 large plants pre-selected).
  2 Over 50 percent of each State's systems are represented. EPA believes that the data reasonably represent a fufl range of source water qual-
ity in small systems at the national level.

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                Federal  Regisler/Vol. 68, No. 159/Monday, August  18,  2003/Proposed Rules
                                                                   49567
B. DBFs in Distribution Systems
  EPA wanted to understand DBP
occurrence in distribution systems
likely to exist after implementation of
the Stage 1 DBPR. Such an
understanding would enable EPA to
recognize options on how to improve
protection under the Stage 2 DBPR. The
analysis of occurrence data to support
the Stage 2 DBPR is complicated
because available national occurrence
data do not reflect the changes in
occurrence resulting from the
implementation of the Stage 1 DBPR.
Many utilities have only recently
changed their treatment to comply with
the Stage 1 DBPR (subpart H systems
serving 10,000 people or more were
required to comply beginning January
2002) or are about to make changes in
treatment to comply with this rule
(subpart H systems serving fewer than
10,000 people and ground water
systems are required to comply
beginning January 2004).
  To address the above issue,  EPA
evaluated Stage 1 DBPR implications by
using Information Collection Rule data
from plants that would not exceed the
Stage 1 DBPR TTHM and HAA5 MCLs
as an annual average. The TTHM and
HAAS data consist of quarterly
measurements in four locations in
distribution systems associated with
each Information Collection Rule
treatment plant. Two samples were
collected at sites representing average
residence time (AVGl and AVG2), one
sample at a site intended to represent
the maximum residence time (MAX),
and one sample was reported as a
distribution system equivalent (DSE).
The DSE sample was generally
representative of average residence
times. EPA believes that the monitoring
locations of the Information Collection
Rule, while not necessarily being the
same as the Stage 1 DBPR compliance
monitoring sites, provide a close
approximation of monitoring under the
Stage 1 DBPR. EPA recognizes, however,
that data for plants that are in
compliance with Stage 1 MCLs even
without installing additional treatment
(perhaps because of low source water
TOG) are not necessarily reflective of
plants that make treatment changes to
comply with the Stage 1 DBPR.
1. DBPs Above the MCL Occur at Some
Locations in a Substantial Number of
Plants

  Figure IV-1 compares the TTHM
running annual average (RAA) levels
with the single highest TTHM
concentration in the distribution
system. Twenty one percent (60 of 290)
of the Information Collection  Rule
plants had single TTHM concentrations
higher than the 0.080 mg/L MGL. Figure
IV-2 makes the same comparison for
HAA5. Fourteen percent (40 of 290) of
the plants meeting the Stage 1 DBPR
MCL had single HAAS concentrations
higher than the 0.060 mg/L MCL. In
systems with a low RAA for TTHM and
HAAS, the highest single TTHM  and
HAAS values are generally not much
higher than the respective Stage 1 DBPR
MCLs. However, as the RAAs increase,
there is a greater likelihood of having
peak levels above the MCLs. As the
RAAs approach the Stage 1 DBPR MCLs,
some of the distribution system single
highest concentrations approach  levels
that are double the Stage 1 DBPR MCLs.
BILLING CODE 6560-50-P

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49568
Federal Register/Vol. 68, No. 159/Monday, August 18,  2003/Proposed Rules
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Federal Register/Vol. 68, No. 159/Monday, August 18, 2003 /Proposed Rules
49569
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49570
Federal Register/Vol. 68, No. 159/Monday,  August  18, 2003/Proposed  Rules
2. Specific Locations in Distribution
Systems Are Not Protected to MCL
Levels

  Data from the Information Collection
Rule show that the RAA compliance
calculation may allow specific locations
in a distribution system to regularly
receive water with DBP levels that
exceed the MCL. Figure IV-3 shows that
five percent of plants (15 out of 290) had
one or more locations that, on average,
exceeded 0.080 mg/L as a TTHM LRAA
for that same year. One of the 15 plants
                      that exceeded a TTHM LRAA of 0.080
                      mg/L did so at two locations. Of the 15
                      plants, the highest LRAA was between
                      0.080 and 0.090 mg/L at  10 plants, and
                      between 0.090 and 0.100 mg/L at 5
                      plants. Customers served at these
                      locations regularly received water with
                      TTHM concentrations somewhat higher
                      than the MCL.
                        Figure IV-4 shows similar results
                      based on Information Collection Rule
                      HAAS data. Three percent of plants
                      (eight of 290) exceeded 0.060 mg/L as an
                      LRAA, and three of these eight plants
did so at two or three locations. Of the
8 plants, the highest LRAA was between
0.060 and 0.070 mg/L at 5 plants, and
between 0.070 and 0.075 mg/L at 3
plants. Among the 290 plants in the
Information Collection Rule database
meeting the Stage 1 MCLs, 19 plants
have a maximum TTHM LRAA of 0.080
mg/1 or greater or a maximum HAAS
LRAA of 0.060 mg/1 or greater (four
plants exceeded both MCLs), though in
no case did DBP levels at a given
location consistently exceed the MCL by
more than 20%.

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Federal Register/Vol. 68, No.  159/Monday, August  18, 2003 /Proposed Rules
                                             49571
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  49572
Federal Register/Vol. 68, No. 159/Monday, August 18, 2003/Proposed Rules
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                Federal Register/Vol. 68,  No. 159/Monday, August  18, 2003/Proposed Rules
                                                                 49573
3. Stage 1 DBPR Maximum Residence
Time Location May Not Reflect the
Highest DBF Occurrence Levels
  The 1979 TTHM rule and Stage 1
DBPR monitoring locations must
include a site reflection maximum
residence time in the distribution
system with the intent of capturing the
lighest DBF levels in the distribution
system. The Information Collection rule
referred to this specific location as
MAX. The Information Collection rule
data indicate two important results: (1)
that monitoring locations identified as
he maximum residence time locations
often did not represent those locations
with the highest DBF levels and (2) the
highest TTHM and HAA5 level often
occurred at different points in the
distribution system.
  Figure IV-5 illustrates that the highest
TTHM and HAAS LRAAs could be at
any of the four Information Collection
Rule sample locations in the
distribution system or, in some cases, at
the finished water location. Fifty
percent of the plants evaluated have the
highest TTHM LRAA concentration
occurring at a site other than the
maximum residence time monitoring
site, over 60% of plants evaluated had
the highest HAAS LRAA at a location
other than the maximum residence time
monitoring site.
                         Figure IV-6, based on data from the
                       National Rural Water Survey (NRWS),
                       indicates that systems serving fewer
                       than 10,000 people also frequently have
                       their highest TTHM and HAAS levels at
                       locations other than those intended to
                       represent maximum residence time. The
                       occurrence patterns indicated in Figures
                       IV-5 and IV-6 may be due to several
                       factors, such as HHA5 degrading over
                       time in the distribution system,
                       maximum residence time monitoring
                       sites not actually representing the
                       maximum residence time, or that using
                       a simple estimation of maximum
                       residence time cannot characterize a
                       complex distribution system.
       Figure IV-5. Frequency at Which  Highest TTHM or HAAS Locational Annual Average
       Concentrations Occurred at Each Information Collection Rule Sampling  Location for
       plants meeting Stage 1 MCLs1
             60%
             0
                       FIN
DSE
AVG1
AVG2
MAX
                                      ICR Sampling Locations
      1 Includes only the Information Collection Rule plants with at least 3 quarters of data and with each quarter having at
      least 3 sampling locations for both TTHM and HAA5 during the last 4 quarters of the Information Collection Rule
      sampling period.

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49574
Federal Register/Vol. 68, No. 159/Monday, August  18, 2003/Proposed Rules
        Figure IV-6  Frequency at Which Highest TTHM or HAAS Locational Annual Average

        Concentrations Occurred at Each Monitoring Location in NRWA Survey
              80% -
        Note:
                      Finished Water Point
                              Average Residence
                                     Time
Maximum Residence
       Time
                           Sampling Locations
LRAA calculation is based on the results from two sampling events at each of sampling locations in the
NRWA survey (winter and summer months).  Only plants having monitoring results for both winter and
summer months are included in the data set
  EPA also analyzed whether the
highest LRAA for TTHM and HAA5
occurred at the same location. If TTHM
and HAAS occur at the same location
rather than different locations, fewer
monitoring sites would be needed to
represent TTHM and HAA5 occurrence.
However, this is not the case. The
Information Collection Rule and NRWA
data sets, respectively, indicate that
49% and 44% of plants experienced
their highest LRAA TTHM and HAA5
concentrations at different  locations in
the distribution system.
                       For plants that did have their highest
                     LRAA TTHM and HAAS concentrations
                     at the same location, it was not
                     necessarily the maximum residence
                     time monitoring location. Figure IV-7
                     illustrates that for the Information
                     Collection Rule plants with the highest
                     TTHM and HAA5 levels occurring at the
                     same location, the highest TTHM and
                     HAA5 LRAA simultaneously occurred
                     at the maximum residence time
                     monitoring location in 50% of the cases.
                     Figure IV-8 illustrates that for the
                     NRWA plants with the highest TTHM
     and HAAS levels occurring at the same
     location, the highest TTHM and HAA5
     LRAA simultaneously occurred at the
     maximum residence time [MAX)
     monitoring location in 64% of the cases.

     C. Request for Comment

      EPA requests comment on the
     analysis presented in this section. Is
     EPA's approach for representing post
     Stage 1 DBPR occurrence appropriate?
     What other approaches might be used?
     Are the conclusions that EPA derives
     from the analysis appropriate?

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         Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed Rules
                                               49575
 Figure IV-7. Frequency at Which Highest TTHM/HAA5 LRAAs Occurred at Same
 Sampling Location (Based on the Information Collection Rule data) for plants meeting
 Stage 1 MCLs.J
       N=290
 Maximum occurred
     at different
 locations for 48.6%
      of plants
 Maximum occurred
  at same location
  51.4% of plants
  Highest LRAA
   TTHM/HAA5
          N=149
                                              8.7% @ FINISH
       8.7% @ DSE
      15.4% @ AVG2
                                              16.8%@ AVG1
                                               50.3% @ MAX
Among Plants with Highest
LRAA TTH M/HAA5 at Same
        Location
'Includes only the Information Collection Rule plants with at least 3 quarters of data and with each quarter having at
least 3 sampling locations for both TTHM and HAAS during the last 4 quarters of the Information Collection Rule
sampling period.

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        Figure IV-8. Frequency at Which Highest TTHM/HAA5 LRAAs Occurred at Same
        Sampling Location (Based on the data from NRWA Survey)
                N=96
                                                 N=42
          Maximum occurred
         at different locations
          for 56.3% of plants
          Maximum occurred
         at same locations for
           43.8% of plants
                                            64.3% @ MAX
                                            30.9%@AVG
                                                            4.8% @ FINISH
           Highest LRAA                              Among Plant with Highest
            TTHM/HAA5                              LRAA TTHM/HAA5 at Same
                                                               Location
        Note:    LRAA calculation is based on the results from two sampling events at each of sampling locations in the
                NRWA survey (winter and summer months). Only plants having monitoring results for both winter and
                summer months are included in the data set.
V. Discussion of Proposed Stage 2 DBPR
Requirements

A. MCLGfor Chloroform

\. What Is EPA Proposing Today?
  EPA is proposing an MCLG for
chloroform of 0.07 mg/L based on a
cancer reference dose (RfD), an
assumption that a person drinks 2 liters
of water per day (the 90th percentile of
intake rate for the U.S. population), and
a relative source contribution (RSC) of
20 percent. The MCLG is proposed at a
level at which no adverse effects on the
health of persons is anticipated with an
adequate margin of safety. This
conclusion is based on toxicological
evidence that the carcinogenic effects of
chloroform are an ultimate consequence
of sustained tissue toxicity. The MCLG
is set at a daily dose for a lifetime at
which no adverse effects will occur
because the sustained tissue toxicity,
                     which is a key event in the cancer mode
                     of action of chloroform, will not occur
                     (USEPA 2001b).
                       EPA believes that the RfD used for
                     chloroform is protective of sensitive
                     groups, including children. This RfD
                     was developed by the EPA current
                     method for developing RfDs based on
                     animal data. The method is designed to
                     be protective by taking human
                     variability into account and assuming
                     that the average human will be as
                     sensitive as the most responsive animal
                     species. EPA's understanding of the
                     mode of action for chloroform does not
                     indicate a uniquely sensitive subgroup
                     or an increased sensitivity in children.

                     2, How Was This Proposal Developed?

                       a. Background. EPA proposed a zero
                     MCLG for chloroform in the 1994 Stage
                     1 DBPR proposal (USEPA 1994b).
                     Following the proposal, numerous
toxicological studies on chloroform
were published and were discussed in
two Notices of Data Availability
(NODAs) (USEPA 1997a; USEPA
1998e). The 1998 NODA presented
substantial scientific data related to the
mode of action as part of the chloroform
risk assessment and requested comment
on a chloroform MCLG of 0.3 mg/L that
reflected a nonlinear mode of action.
After considering comments on the
NODAs, EPA determined that further
deliberations with the Science Advisory
Board (SAB) and stakeholders were
needed before changing the MCLG for
chloroform. Thus, EPA promulgated a
chloroform MCLG of zero in the final
Stage 1 DBPR (USEPA 1998c) and
committed to conducting additional
deliberations with the SAB and
factoring the SAB's review into the
Agency's Stage 2 DBPR rulemaking

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                                                                     49577
irocess. The Agency consulted with the
IAB in October 1999 (USEPA 2000f).
 The Stage 1 DBPR MCLG of zero for
;hloroform was challenged, and the U.S.
>ourt of Appeals for the District of
Columbia Circuit issued an order
•acating the zero MCLG (Chlorine
Chemistry Council and Chemical
Manufacturers Association v. EPA, 206
.3d 1286  (D.C. Circuit 2000)). EPA
:ommitted to the Court to propose a
ion-zero MCLG for chloroform in the
ipcoming proposed Stage 2
)isinfectants and Disinfection
Jyproducts Rule. EPA removed the
.4CLG for chloroform from its Stage 1
)BP NPDWR (USEPA 2000e). No other
>rovision of the Stage 1 DBPR was
iffected.
 b. Basis of the new chloroform MCLG.
iased on an analysis of all the available
cientific  data on chloroform discussed
n more detail below, EPA believes that
:hloroform dose-response is nonlinear
ind that chloroform is likely to be
:arcinogenic only under high exposure
:onditions. EPA's assessment of the
;ancer risk associated with chloroform
exposure (USEPA 2001b) uses the
mnciples of the 1999 EPA Proposed
Guidelines for Carcinogen Risk
Assessment (USEPA 1999a). .
 The Proposed Guidelines for
Carcinogen Risk Assessment, as
eviewed  by the public and the EPA
?AB, reflect new science and are
:onsistent with, and an extension of, the
ixisting 1986 Guidelines for Carcinogen
iisk Assessment (USEPA 1986). The
[986 guidelines provide for departures
rom default assumptions such as low
lose linear extrapolation. For example,
he 1986 EPA guidelines reflect the
losition of the Office of Science and
fechnology Policy (OSTP) that (OSTP
1985; Principle 26) "[N]o single
nathematical procedure is recognized
is the most appropriate for low-dose
txtrapolation in carcinogenesis. When
elevant biological evidence on
nechanisms of action exists (e.g,
iharmacokinetics, target organ dose),
he models or procedure employed
ihould be consistent with the
evidence." The 1985 guidelines go on to
itate "The Agency will review each
issessment as to the evidence on
:arcinogenesis mechanisms and other
riological or statistical evidence that
ndicates the suitability of a particular
)xtrapolation model."
 i. Mode of action. EPA has fully
ivaluated the science on chloroform and
;oncludes that chloroform is likely to be
:arcinogenic to humans under high
exposure  conditions that lead to
cytotoxicity and regenerative
lyperplasia in susceptible tissue;
;hloroform is not likely to be
carcinogenic to humans at a dose level
that does not cause cytotoxicity and cell
regeneration (USEPA 1998e, USEPA
1998b, USEPA 2001b).
  Chloroform's carcinogenic potential is
indicated by animal tumor evidence
(liver tumors in mice and renal tumors
in both mice and rats) from inhalation
and oral exposure. Data on metabolism,
toxicity, mutagenicity and cellular
proliferation contribute to an
understanding of the mode of
carcinogenic action. For chloroform,
sustained or repeated cytotoxicity with
secondary regenerative hyperplasia
precedes, and is a key event for, hepatic
and renal neoplasia.
  EPA believes that a DNA reactive
mutagenic mode of action is not likely
to be the predominant influence of
chloroform on the carcinogenic process.
EPA has concluded that the
predominant mode of action involves
cytotoxicity produced by  the oxidative
generation of highly reactive
metabolites, followed by regenerative
cell proliferation (USEPA 2001b). EPA
further believes that the chloroform
dose-response is nonlinear. The SAB
final report states "(t)he Subcommittee
agrees  with EPA that sustained or
repeated cytotoxicity with secondary
regenerative hyperplasia in the liver
and/or kidney of rats and mice
precedes, and is probably a causal factor
for, hepatic and renal neoplasia"
(USEPA 2000f).
  ii. Metabolism. The cytochrome P450
isoenzyme GYP 2E1 is the primary
enzyme catalyzing chloroform
metabolism at low concentrations.
Chloroform's carcinogenic effects
involve oxidative generation of reactive
and toxic metabolites (phosgene and
hydrochloric acid [HCl]) and thus are
related to its noncancer toxicities (e.g.,
liver or kidney toxicities). The
electrophilic metabolite phosgene could
react with macromolecules such as
phosphotidyl inositols or tyrosine
kinases which in turn could potentially
lead to interference with signal
transduction pathways (i.e., chemical
messages controlling cell  division), thus
leading to carcinogenesis. Likewise, it is
also plausible that phosgene reacts with
cellular phospholipids, peptides and
proteins resulting in generalized tissue
injury. Glutathione, free cysteine,
histidine, methionine and tyrosine are
all potential reactants for  electrophilic
agents.
  At high concentrations, chloroform
may undergo reductive metabolism
which  forms reactive dichloromethyl
free radicals. These free radicals can
contribute to lipid peroxidation and
cause cytotoxicity.
  c. How the MCLG is derived. EPA
continues to recognize the strength of
the science in support of a nonlinear
approach for estimating the
carcinogenicity of chloroform. This
science was affirmed by the Chloroform
Risk Assessment Review Subcommittee
of the EPA SAB Executive Committee
which met on October 27-28,1999
(USEPA 2000f). The SAB Subcommittee
agreed that the nonlinear approach is
most appropriate for the risk assessment
of chloroform.
  Nonzero MCLGs are scientifically and
statutorily supported. The statute
requires that the MCLG be set where no
known or anticipated adverse effects
occur, allowing for an adequate margin
of safety (56 FR 3533; USEPA 1991b).
Historically, EPA established MCLGs of
zero for known or probable human
carcinogens based on the principle that
any exposure to carcinogens might
represent some finite level of risk. If
there is substantial scientific evidence,
however, that indicates there is a "safe
threshold", then a nonzero MCLG can
be established with an adequate margin
of safety (56 FR 3533; USEPA 1991a)).
  EPA would ideally like to use the
delivered dose (i.e., the amount of key
chloroform metabolites that actually
reach the liver and cause cell toxicity)
for calculating an RfD to support the
MCLG. However, the required
toxicokinetic data are not currently
available. Thus, the RfD is calculated
using the applied dose (i.e., the amount
of chloroform ingested). The RfD is
based on both the benchmark dose and
the traditional no observed adverse
effect level/lowest observed adverse
effect level (NOAEL/LOAEL)
approaches for hepatotoxicity in the
most sensitive species, the dog. The
MCLG is based on the RfD and
calculated as follows:

           RfD x body weight x  RSC
            daily water consumption
  i. Reference dose. The RfD for
chloroform was estimated based on
noncancer effects using both the
benchmark dose and the traditional
NOAEL/LOAEL approaches. For
benchmark analysis, five relevant data
sets including target organ toxicity,
labeling index, histopathology in
rodents, and liver toxicity in dogs
(Heywood 1979) were evaluated. The
effects seen in dogs are considered to be
early signs of liver toxicity, preceding
cytotoxicity, cytolethality and
regenerative hyperplasia. Thus, the
Heywood (1979) study,  provides the
most sensitive end  point in the most
sensitive species and is  the most
appropriate basis for the RfD.

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    The 95% confidence lower bound on
  the dose associated with a 10% extra
  risk (LED10) is based on tho prevalence
  of animals demonstrating liver toxicity.
  After an exposure adjustment to the
  LED10 (1.2 mg/kg/day), an RfD of 0.01
  mg/kg/day was calculated using an
  overall uncertainty factor of 100 (10 for
  interspecies extrapolation and 10 for
  protection of sensitive individuals)
  (USEPA 2001b).
    Coincidentally, the benchmark dose
  and the traditional NOAEL/LOAEL
  approaches yield the same RfD number
  (USEPA 2001bJ.  The NOAEL/LOAEL
  approach is also  based on the Heywood
  study (1979) which had a LOAEL of 15
  mg/kg/day for evidence of liver toxicity.
  After an exposure adjustment to the
  LOAEL (yielding 12.9 mg/kg/day), an
  RfD of 0.01 mg/kg/day was calculated
  using an overall uncertainty factor of
  1000 (10 for interspecies extrapolation,
  10 for protection of sensitive
  individuals, and  10 for using a LOAEL
  instead of a NOAEL) (USEPA 2001bj.
   ii. Relative source contribution.
 Another factor in determining the
 MCLG is the relative source
 contribution (RSC). The RSC is used
 when the MCLG  is set at a level above
 zero. Its purpose  is to ensure that the
 contribution to exposure from drinking
 tap water does  not cause the lifetime
 daily exposure of persons to a
 contaminant to exceed RfD. The RSC is
 thus a factor used to make sure that the
 MCLG is protective even if persons are
 exposed to the contaminant by other
 routes (inhalation, dermal absorption] or
 other sources (e.g., food). If sufficient
 quantitative data  are not available on
 exposure by other routes and sources,
 EPA has historically assumed that the
 RSC from drinking water is 20 percent
 of the total exposure, a value considered
 protective. If data indicate that
 contributions from other routes and
 sources are not  significant, EPA has
 historically assumed a less conservative
 RSC of 80 percent (54 FR 22,062, 22,069
 (May 22,1989)(USEPA 1989a), 56 FR at
 3535 (Jan 30, 1990)(USEPA 1991a), 59
 FR 38,668, 38,678 (July 29,
 1994)(USEPA1994b)).
  Today, EPA is proposing an
 assumption of a 20 percent RSC. This is
 in consideration of data which indicate
 that exposure to chloroform by other
 routes and sources of exposure may
potentially contribute a substantial
percentage of the overall exposure to
chloroform.
  In the 1998 Stage 1 DBPR NODA, EPA
considered an MCLG of 0.3 mg/L that
                      was calculated using an RSC of 80
                      percent, based on the assumption that
                      most exposure to chloroform is likely to
                      come from ingestion of drinking water.
                      In the final Stage 1 DBPR, EPA
                      reconsidered this assumption in
                      response to comments and in the light
                      of data which indicate that exposure to
                      chloroform by inhalation and dermal
                      exposure may potentially contribute a
                      substantial percentage of the overall
                      exposure to chloroform depending on
                      the activity patterns of individuals
                      (USEPA 1998e) e.g., during showering,
                      bathing, swimming, boiling water,
                      clothes washing, and dishwashing.
                      There is also potential exposure to
                      chloroform by the dietary route. There
                      are uncertainties regarding other
                      possible highly exposed sub-
                      populations, e.g., swimmers, those who
                      use humidifiers, hot-tubs, and outdoor
                      misters, persons living near industrial
                      sources, people working in
                      laundromats, and persons working with
                      pesticides employing chloroform  as a
                      solvent (USEPA 1998b).
                       A 1998 International Life Sciences
                      Institute (ILSI) report evaluated the
                      uptake of drinking water contaminants
                      through the skin and by inhalation. The
                      report noted that "(i)u the case of
                      chloroform, its high volatility leads to
                      its rapid movement from liquid to air.
                     Large water-use sources, such as
                     showers, become dominant sources with
                     respect to exposure" and "(t)he
                     inhalation route is demonstrated to be
                     the primary route for higher-volatility
                     compounds (e.g., chloroform)" (ILSI
                     1998). Weisel  and Jo (1996) found that
                     "approximately equivalent amounts of
                     chloroform from water can enter the
                     body by three different exposure routes,
                     inhalation, dermal absorption, and
                     ingestion, for typical daily activities of
                     drinking and bathing."
                       Chloroform has been found in
                     beverages, especially soft drinks, and
                     food, particularly dairy products
                     (Wallace, 1997). Wallace states that
                     "ingestion (drinking tap water and soft
                     drinks and eating certain dairy foods),
                     inhalation (breathing peak amounts of
                     chloroform emitted during showers or
                     baths, and lower levels in indoor air
                     from other indoor sources), and  dermal
                     absorption (during showers, baths, and
                     swimming)" each "appear to be
                     potentially substantial contributors to
                     total exposure".
                      EPA estimates that for the median
                     individual, ingestion of total tap water
                     (assuming certain activity patterns,
                     habits, and home characteristics) can
 contribute roughly 28 percent of the
 total dose of chloroform (USEPA 2001a).
 With assumptions as described, tap
 water ingestion is a portion of exposure
 through fluid intake which contributes
 about 34 percent of the total dose,
 inhalation accounts for about 31 percent
 of the total dose, ingestion of foods
 contributes another 27 percent of the
 overall dose, and dermal absorption
 (primarily during showering) adds
 slightly less than 8  percent of the total
 dose. These exposure percentages are
 based on average daily doses (mean
 chloroform intake for adults) for each
 source and route of exposure under
 specific conditions. They do not take
 into account the considerable variability
 in several factors across the population.
 For instance, intake of drinking water or
 particular foods and length of shower
 varies from day-to-day, as do home air
 turnover rates and ventilation. Different
 areas in the United  States vary with
 respect to these factors and chloroform
 concentrations in food. Thus, although
 the  28 percent for the median individual
 is based on reasonable assumptions,
 uncertainty remains.
   Given the uncertainties of estimation,
 EPA believes available analyses point to
 the RSC of 20 percent as the appropriate
 default (i.e., 20 percent of exposure to
 chloroform comes from drinking tap
 water alone). EPA also believes that this
 default is protective of public health
 and is a more reasonable choice than
 choosing any particular estimate
 because of the assumptions and
 uncertainties involved with each
 estimation. Hence, EPA is proposing the
 MCLG based on the RSC default of 20
 percent which supports the adequacy of
 the margin of safety associated with the
 MCLG.
  iii. Water ingestion and body weight
 assumptions. In MCLG calculations,
 EPA assumes the 90th percentile water
 ingestion of 2 liters (roughly equivalent
 to a half gallon) per  day (USEPA 2000a).
 The  use of a conservative consumption
 estimate is consistent with the objective
 of setting an MCLG that is protective.
 EPA also uses a default adult body
 weight of 70 kg (equal to 154 pounds)
 for the RfD since dose is calculated from
 lifetime studies of animals and
 compared to lifetime exposure for
 humans.
  iv. MCLG calculation. The MCLG is
calculated to be 0.07 mg/L using the
following assumptions: an adult tap
water consumption of 2 L per day for a
 70 kg adult, and a relative source
contribution of 20%:

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                Federal  Register/Vol. 68, No.  159/Monday, August 18, 2003 / Proposed Rules
                                                                    49579
                     x^.^.r  ™   t      O.Olmg/kg/dx 70kg x  0.2   nn_
                     MCLG for Chloroform =	—	= 0.07 mg/L (rounded)
                                                      2L/day
  EPA concludes that an MCLG of 0.07
mg/L based on protection against liver
toxicity will be protective against
carcinogenicity given that the mode of
action for chloroform involves
cytotoxicity as a key event preceding
tumor development. Therefore, the
recommended MCLG for chloroform is
0.07 mg/L.
  v. Other considerations. The evidence
supports similarity of potential response
in children and adults. The basic
biology of toxicity caused by cell
damage due to oxidative damage is
expected to be the same. There is
nothing about the incidence and
etiology of liver and kidney cancer in
children to indicate that they would be
inherently more sensitive to this mode
of action. Most importantly in this case,
children appear to be no different
quantitatively in ability to carry out the
oxidative metabolism step for the
induction of toxicity and cancer and
may, as fetuses, be less susceptible
(USEPA 1999c).
  Some commenters on the March 1998
NODA were concerned that EPA did not
take drinking water epidemiology
studies into account in its evaluation of
chloroform risk. EPA believes that while
the epidemiologic evidence suggests
that chlorinated drinking water may be
associated with certain cancers and
reproductive,  developmental effects
pertinent to the risk of disinfectant
byproduct mixtures, it does not provide
insight into the risk from chloroform
specifically. The SAB noted that "(t)he
goal of the draft risk assessment (the
isolation of the effect of chloroform in
drinking water) makes the extensive
epidemiologic evidence on drinking
water disinfection byproducts largely
irrelevant" to  the specific question of
chloroform health risks because, in the
available studies, chloroform cannot be
isolated from other disinfection
byproducts that may be in the drinking
water (USEPA 2000f). The SAB noted
that "the epidemiologic evidence is
quite pertinent to the broader question
of most direct regulatory concern,
namely disinfection byproducts in the
aggregate".
  d. Feasibility of other options. During
the development of the MCLG for
chloroform, EPA considered a number
of options for both the chloroform
MCLG and the TTHM MCL. Today, EPA
is proposing the preferred option of a
0.07 mg/L MCLG for chloroform. EPA
primarily considered two other options
which are discussed in more detail later:
a 0.07 mg/L MCLG for chloroform in
conjunction with developing MCLs for
each of the individual TTHMs [i.e., 4
MCLs and 4 MCLGs for the THMs); and
developing a single combined MCLG for
TTHM rather than developing a separate
MCLG for each of the THMs.
  EPA considered developing separate
MCLGs and MCLs for each THM. Under
this strategy, EPA would determine an
MCL as close to the individual MCLGs
as is technically feasible, taking cost
into consideration, for each THM. EPA
would propose an MCLG of 0.07 mg/L
for chloroform and maintain the Stage 1
DBPR MCLGs for BDCM, DBCM, and
bromoform (USEPA 1998c). EPA
analyzed the impact such an MCL
strategy would have and ultimately
rejected this option. This approach
represents a fundamental shift from the
TTHM strategy agreed to by
stakeholders and EPA as part of the M—
DBF negotiation process and reflected in
the 1998  Stage 1 DBPR. In addition, one
important component of the existing
single MCL is that TTHMs are an
indicator for other DBFs. Developing a
separate MCL for each THM would
move away from this indicator
approach. Because precursor and DBF
occurrence measurements are highly
variable, both temporally and
geographically, determining technical
feasibility for best available technology
(BAT) would be difficult. Compliance
with individual THM standards would
be very different from compliance based
on a sum of the four THMs and it is not
clear what treatment technology shifts
would be needed. This problem would
be particularly exacerbated in areas with
high bromide, such as California. EPA
also projected that States would have a
difficult time overseeing (e.g., variances,
exemptions, etc.) the more complicated
rule that would result from this option.
  EPA considered establishing a single
combined MCLG for TTHM. There is
precedent for using a toxicity
equivalency quotient  (analogous to a
combined MCLG) for dioxin and
coplanar PCBs (USEFA 2000o, Draft
Dioxin Reassessment). From a scientific
standpoint, a combined MCLG approach
requires that the chemicals have a
similar mode of action and health
endpoint. Chemicals within each of the
dioxin and coplanar PCS classes have
the same  mode of action and endpoint
(target tissue). Within the PCB class,
noncoplanar PCBs have a different
mode of action than the coplanar PCBs.
Noncoplanar PCBs are, therefore, not
included in the toxicity equivalency
quotient for coplanar PCBs. In the case
of the disinfection byproducts, EPA
believes that the THMs have different
modes of action and health endpoints.
One of the THMs is a liver carcinogen
(chloroform) with a mode of action
dependent on cytolethality; two are
DNA-reactive carcinogens
(bromodichloromethane—large intestine
and kidney tumors, and bromoform—
large intestine tumors); and one is a
nonlinear non-carcinogen
(dibromochloro me thane) which is a
liver toxicant. EPA therefore, chose not
to develop a combined MCLG for
TTHM. Consequently, after considering
this alternative option in some detail,
EPA is today proposing an MCLG of
0.07 mg/L for chloroform.
3. Request for Comment
  Based on the information presented
previously, EPA is proposing an MCLG
for chloroform of 0.07 mg/L. EPA
requests comments on the MCLG and on
EPA's cancer assessment for chloroform.
EPA also requests comments on the RfD,
the default RSC of 20 percent, and the
tap water consumption and body weight
assumptions used in the MCLG
calculation. EPA solicits additional data
on chloroform exposure via other
sources and routes. EPA requests
comment on the other options for
developing the chloroform MCLG that
the Agency considered.
B. MCLGs for THMs and HAAs

1. What Is EPA Proposing Today?
  Today EPA is proposing new MCLGs
of 0.02 mg/L for TCAA and 0.03 mg/L
for MCAA based on new toxicological
data. As a part of the Stage 1 DBPR, EPA
finalized an MCLG of 0.3 mg/L for
TCAA. The Stage 1 DBPR did not
include an MCLG for MCAA (although
it was included as one of the five
haloacetic acids in the HAAS MCL).
With the exception of chloroform,
discussed above, and these two HAAs,
EPA is not revising any of the other
MCLGs that were finalized in the Stage
1 DBPR. No significant new studies that
would change EPA's MCLG estimates
for BDCM, DBCM, bromoform, or DCAA
have been published since the Stage 1
DBPR. See section III for a summary of
new health effects data.
2. How Was This Proposal Developed?
  EPA reviewed the available literature
on BDCM, DBCM, bromoform, DCAA
and determined that there was no new

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 information that would cause EPA to
 revise its MCLG estimates. New
 toxicology studies on reproductive and
 developmental effects and cancer are
 summarized in sections III.B. and III.D.
 of today's proposal.
  EPA is proposing new MCLGs for
 TCAA and MCAA. The health effects
 information and studies described in the
 following two sections that support the
 proposed MCLGs are summarized from
 the Addendum to the Criteria Document
 for Monochloroacetic Acid and
 Trichloroacetic Acid (USEPA 2003b).
 The occurrence of MCAA and TCAA are
 discussed in the Stage 2 Occurrence
 Assessment for Disinfectants and
 Disinfection Byproducts (USEPA
 2003o). a, Trichloroacetic acid. In the
 final Stage 1 DBPR, EPA based its health
 effects assessment of TCAA on
 developmental toxicity and limited
 evidence of carcinogenicity (USEPA
 1998c). Since then, the Agency has
 decided that the RfD based on a
 developmental LOAEL yields a less
 conservative RfD than that based on
 liver toxicity derived from the study by
 DeAngelo et al. (1997). Thus, the
 Agency has reassessed the health effects
 of TCAA based on liver toxicity and
 revised the RfD and MCLG.
  TCAA induces systemic, noncancer
 effects in animals and humans that can
 be grouped into three categories:
 metabolic alterations, liver toxicity; and
 developmental toxicity. The primary
 site of TCAA toxicity is the liver
 (USEPA1994a; Dees and Travis, 1994;
 Acharya et al.  1995; Acharya et al. 1997;
 DeAngelo e(a/.1997).
  The liver has consistently been
 identified as a target organ for TCAA
 toxicity in short-term (Goldsworthy and
 Popp, 1987; DeAngelo et a!. 1989;
 Sanchez and Bull, 1990) and longer-
 term (Bull et al. 1990; Mather et al.
 1990; Bhat et al. 1991) studies.
 Peroxisome proliferation has been a
 primary endpoint evaluated, with mice
 reported to be more sensitive to this
 effect than rats. More recent studies
 have confirmed these earlier findings,
 TCAA-induced peroxisome proliferation
 was observed in B6C3F1 mice exposed
 for 10 weeks to doses as low as 25 mg/
 kg/day (Fairish et al. 1996), while in rats
 exposed to TCAA for up to 104 weeks
 (DeAngelo etal. 1997), peroxisome
 proliferation was observed at 364 mg/
 kg/day, but not at 32.5 mg/kg/day.
Increased liver weight and significant
 increases in hepatocyte proliferation
have been observed in short-term
studies in mice at doses as low as 100
mg/kg/day (Dees and Travis, 1994), but
no increase in hepatocyte proliferation
was noted in rats given TCAA at similar
doses (DeAngelo etal 1997). More
                      clearly adverse liver toxicity endpoints,
                      including increased serum levels of
                      liver enzymes (indicating leakage from
                      cells) or histopathological evidence of
                      necrosis, have been reported in rats, but
                      generally only at high doses. For
                      example, in a rat chronic drinking water
                      study, increased hepatocyte necrosis
                      was observed at a dose of 364 mg/kg/
                      day (DeAngelo et al. 1997).
                        In the DeAngelo et a7.(1997) study,
                      groups of 50 male F344 rats were
                      administered TCAA in drinking water,
                      at 0, 50, 500, or 5000 mg/L, resulting in
                      time-weighted mean daily doses of 0,
                      3.6, 32.5, or 364 mg/kg for 104 weeks.
                      There were no significant differences in
                      water consumption or survival between
                      the control and treatment groups.
                      Exposure to the high dose of TCAA
                      resulted in a significant decrease in
                      body weight of 11 % at the end of the
                      study. The absolute but not relative liver
                      weight was decreased at the high dose.
                      Complete necropsy and histopathology
                      examination showed mild hepatic
                      cytoplasmic vacuolization in the two
                      low-dose groups, but not in the high-
                      dose group. The severity of hepatic
                      necrosis was increased mildly in the
                      high-dose animals. Analyses of serum
                      aspartate aminotransferase (AST) and
                      alanine aminotransferase (ALT)
                      activities at the end of exposure showed
                      a significant decrease in AST activity in
                      the mid-dose group and a significant
                      increase in ALT level in the high-dose
                      group. Since increased serum ALT or
                      AST levels reflect hepatocellular
                      necrosis, the increased ALT at the high
                      dose is considered an adverse effect,
                      while a non-dose related decrease of
                      AST is not. Peroxisome proliferation
                      was increased significantly in the high-
                      dose animals. There was no evidence of
                      any exposure-related increase in
                      hepatocyte proliferation. Based on the
                      significant decrease in body weight
                      (>10%), minimal histopathology
                      changes, and increased serum ALT
                      level, the high dose of 364 mg/kg/day is
                      considered the LOAEL and the mid dose
                      of 32.5 mg/kg/day is considered the
                      NOAEL.
                       There are no reproductive toxicity
                      studies of TCAA. The results of an in
                      vitro fertilization assay indicated that
                      TCAA might  decrease fertilization
                      (Cosby and Dukelow, 1992). The
                      available data suggest that TCAA is a
                      developmental toxicant. TCAA
                      increased resorptions, decreased
                      implantations, and increased fetal
                      cardiovascular malformations when  ,
                      administered to pregnant rats at  291 mg/
                      kg/day (Johnson et al 1998) on gestation
                      days 1-22. In another study, decreased
                      fetal weight and length, and increased
                      cardiovascular malformations were
observed when pregnant rats were
administered 330 mg/kg/day TCAA by
gavage during gestation days 6 to 15
(Smith et al 1989). Neither of these
studies identified a NOAEL. The results
of in vitro developmental toxicity
assays, including mouse and rat whole-
embryo culture (Saillenfait et al. 1995;
Hunter et al 1996) and frog embryo
teratogenesis assay—Xenopus (FETAX)
(Fort et al 1993) yielded positive
results. The Hydra test system (Fu el al
1990) produced negative results.
  TCAA  has been reported to induce
liver tumors in mice but not in rats
(USEPA 1994a). This observation has
also been made in more recent drinking
water studies, Pereira (1996) observed
an increased incidence of hepatocellular
adenomas and carcinomas  in female
B6C3F1 mice at doses of 262 mg/kg/day
and higher after 82 weeks. In contrast,
no. increase in neoplastic liver lesions
were found in F344 rats given doses up
to 364 mg/kg/day for 104 weeks
(DeAngelo et al 1997). In addition, a
variety of recent mechanistic studies
have observed that TCAA either
induced or promoted liver tumors in
mice (Ferreira-Gonzalez et  al 1995;
Pereira and Phelps, 1996; Tao et al
1996; Latendresse and Pereira, 1997;
Stauber and Bull, 1997; Tao et al 1998).
  Recent mutagenicity data have
provided mixed results (Ciller et al
1997; DeMarini et al 1994; Harrington-
Brock et al 1998). TCAA did not induce
oxidative DNA damage in mice
following dosing for either  3 or 10
weeks (Parrish et al 1996). Studies on
DNA strand breaks and chromosome
damage produced mixed results (Nelson
and Bull, 1988; Chang et al 1991;
Mackay et al 1995; Harrington-Brock et
al 1998).
  According to the 1999 Draft
Guidelines for Carcinogen Risk
Assessment (USEPA 1999a), a
compound is appropriately classified as
"Suggestive Evidence of
Carcinogenicity, but Not Sufficient to
Assess Human Carcinogenic Potential"
when "the evidence from human or
animal data is suggestive of
carcinogenicity, which raises a concern
for carcinogenic effects but is judged not
sufficient for a conclusion as to human
carcinogenic potential". Based on
uncertainty surrounding the relevance
of the liver tumor data in B6C3F1 mice,
TCAA can best be described as
"Suggestive Evidence of
Carcinogenicity, but Not Sufficient to
Assess Human Carcinogenic Potential"
under the 1999 Draft Guidelines for
Carcinogen Risk Assessment. Thus a
quantitative estimate of cancer potency
is not supported.

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                 Federal Register/Vol.  68,  No. 159/Monday,  August 18,  2003/Proposed Rules
                                                                                    49581
  The RfD for TCAA of 0.03 mg/kg/day
is based on the NOAEL of 32.5 mg/kg/
day for liver histopathological changes
identified by DeAnge3o et al (1997).
The RfD includes an uncertainty factor
of 1000 (composite uncertainty factor
consisting of three factors of 10 chosen
to account for extrapolation from a
NOAEL in animals, inter-individual
variability in humans, and
insufficiencies in the database,
including the lack of full
histopathological data in a second
species, the lack of a developmental
toxicity study in second species, and the
lack of a multi-generation reproductive
study).
  The MCLG is calculated to be 0.02
mg/L using the following assumptions:
an adult tap water consumption of 2 L
                of tap water per day for a 70 kg adult,
                a relative source contribution (RSC) of
                20%, and an additional safety factor to
                account for possible carcinogen!city.
                EPA has traditionally applied an
                additional safety factor of 1-10 beyond
                the uncertainty factors included in the
                RfD to the MCLG to account for possible
                carcinogenicity in cases where there is
                limited evidence of carcinogenicity from
                drinking water, considering weight of
                evidence, pharmacokinetics,  potency
                and exposure (USEPA 1994b, p.38678).
                EPA is proposing this additional safety
                factor of 10 for TCAA for the  following
                reasons: TCAA causes liver tumors in
                mice but does not do so in rats. In
                addition, although peroxisome
                proliferation (a mode of action  of
                limited relevance to humans) may play
a role in the development of the mouse
tumors, rats also exhibit a peroxisomal
proliferative response after exposure to
TCA, yet do not develop tumors. Other
data suggest that promotion of initiated
cells and/or disrupted cell signaling
may be involved in the mode of action
for the mouse tumors. Together these
factors argue against quantification of
the mouse liver tumors using linear
extrapolation from the dose-response
curve, but are not sufficient to rule out
concern for a tumorigenic response.
Accordingly, EPA has employed the ten-
fold additional safety factor in
determination of the Lifetime Health
Advisory for TCAA. EPA requests
comment on the use of 10 as the
additional safety factor for possible
carcinogenicity.
MCLG for TCAA =
                                         (0'°3
                                                 (2 L/day)(10)
                                                                     =  0.02 mg/L (rounded)
  An RSC factor of 20% is used to
account for exposure to TCAA in
sources other than tap water, such as
ambient air and food. Although TCAA
is nonvolatile and inhalation while
showering is not expected to be a major
contribution to total dose, rain waters
contain 0.01-1.0 ug/L of TCAA
(Reimann et al. 1996} and it can be
assumed to be detected in the
atmosphere. Limited data on
concentrations of TCAA in air (NATICH
1993) indicate inhalation of TCAA in
ambient air may contribute to overall
exposure. Concentrations of TCAA that
have been measured in a  limited
selection of foods including vegetables,
fruits, grain and bread (Reimann et al.
1996) are comparable to that in water.
About 3 to 33% of TCAA in cooking
water have been reported to be taken up
by the food during cooking in a recent
research summary (Raymer et al. 2001).
In addition, there are uses of chlorine in
food production and processing, and
TCAA may occur in  food as a byproduct
of chlorination (USEPA 1994a).
Therefore, ingestion  of TCAA in food
may also contribute to the overall
exposure. A recent dermal absorption
study of DCAA and TCAA from
chlorinated water suggested that the
dermal contribution  to the total doses of
DCAA and TCAA from routine
household uses of drinking water is less
than 1% (Kim and Weisel, 1998).
 b. Monochloroacetic acid. Subchronic
and chronic oral dosing studies suggest
that the primary targets for MCAA-
induced toxicity include the heart and
nasal epithelium. In a 13-week oral
savage study, decreased heart weight
                was observed at 30 mg/kg/day and
                cardiac lesions progressed in severity
                with increasing dose. Liver and kidney
                toxicity were only observed at higher
                doses (NTP 1992). In a two-year study,
                decreased survival and nasal and
                forestomach hyperplasia were observed
                in mice at 50 mg/kg/day (NTP 1992). A
                more recent study confirms the heart
                and nasal cavities as target sites for
                MCAA. DeAngelo et al. (1997) noted
                decreased body weight at 26.1 mg/kg/
                day and myocardial degeneration and
                inflammation of the nasal cavities in
                rats exposed to doses of 59.9 mg/kg/day
                for up to 104 weeks.
                 No studies were located on the
                reproductive toxicity of MCAA and the
                potential developmental toxicity of
                MCAA has not been adequately tested.
                Two developmental toxicity studies
                were identified. Johnson et al. (1998)
                reported markedly decreased maternal
                weight gain, but no developmental
                effects, in rats  exposed to 193 mg/kg/
                day MCAA through gestation days 1-22,
                only fetal heart was examined. In
                contrast, in a published abstract, Smith
                et al. (1990) reported an increase in
                cardiovascular malformations when
                pregnant rats were exposed to 140 mg/
                kg/day; this was also the LOAEL for
               -maternal toxicity, based on marked
                decreases in weight gain. MCAA was
                noted as a potential developmental
                toxicant in in vitro screening assays
                using Hydra (Fu et al. 1990; Ji et al.
                1998).
                 MCAA has yielded mixed results in
                genotoxicity assays (USEPA 1994a;
                Ciller et al. 1997), but has not induced
                a carcinogenic response in chronic
rodent bioassays (NTP 1992; DeAngelo
et al. 1997). In chronic oral gavage
studies, a LOAEL of 15 mg/kg/day (the
lowest dose tested) for decreased
survival was identified in rats. In mice
the NOAEL was 50 mg/kg/day and the
LOAEL was 100 mg/kg/day for nasal
and forestomach epithelium hyperplasia
(NTP 1992). In a more recent chronic
study, DeAngelo et al. (1997) reported a
LOAEL of 3.5 mg/kg/day in rats given
MCAA in their drinking water, based on
increased absolute and relative spleen
weight. Although spleen weight was
decreased at the mid and high doses,
this might reflect the masking effect of
overt toxicity. As evidence for this,
decreased body weight (>10%), liver,
kidney, and testes weight changes were
reported beginning at the next higher
dose of 26.1 mg/kg/day. No increased
spleen weight was reported in the NTP
(1992) bioassays, but the lowest dose in
rats caused severe toxicity, and the
lowest dose in mice was more than an
order of magnitude higher than the
LOAEL in the DeAngelo et al. (1997)
study.
  According to the 1999 Draft
Guidelines for Carcinogen Risk
Assessment (USEPA 1999a), a
compound is appropriately classified as
"Not Likely to be Carcinogenic to
Humans" when it has "been evaluated
in at least two well-conducted studies in
two appropriate animal species without
demonstrating carcinogenic effects."
MCAA can best be described as "Not
Likely to be Carcinogenic to Humans"
under the 1999 Draft Guidelines for
Carcinogen Risk Assessment.

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Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed Rules
  The RfD for MCAA of 0.004 mg/kg/
day is based on a LOAEL of 3.5 mg/kg/
day for increased spleen weight in rats
(DeAngelo et al. 1997) and application
of an uncertainty factor of 1000
(composite uncertainty factor consisting
of two factors of 10 chosen to account
for extrapolation from an animal study,
and inter-individual variability in
humans; as well as two factors of 3 for
extrapolation from a minimal effect
                      LOAEL, and insufficiencies in the
                      database, including the lack of adequate
                      developmental toxicity studies in two
                      species, and the lack of a multi-
                      generation reproductive study). Two
                      developmental toxicity studies have
                      been reported (Johnson et al. 1998;
                      Smith et al. 1990), but the NOAELs
                      yielded less conservative RfDs. The
                      study by DeAngelo et al (1997) is the
                      most appropriate for derivation of the
RfD because it identifies the lowest
LOAEL, and dosing was in drinking
water, which is more appropriate for
human health risk assessment.
  The MCLG is calculated to be 0,03
mg/L using the following assumptions:
an adult tap water consumption of 2 L
of tap water per day for a 70 kg adult,
and a relative source contribution of
20%.
                     wnr  H*-AA    (0.004 mg/kg/day)(70 kg)(20%)          ...
                     MCLG for MCAA =	—-——	~	= 0.03 mg/L (rounded)
                                                   (2 L/day)
  An RSC factor of 20% is used to
account for exposure to MCAA in other
sources in addition to tap water.
Although MCAA is nonvolatile and
inhalation while showering is not
expected to be a major contribution to
total dose, rain waters contain 0.05-9
ug/L of MCAA (Reimann et al. 1996)
and it can be assumed to be detected in
the atmosphere. Presence of MCAA has
also been reported in rain waters; thus,
inhalation of MCAA in ambient air may
contribute to overall exposure.
Concentrations of MCAA that have been
measured in a limited selection  of foods
including vegetables, fruits, grain and
bread (Reimann et al, 1996) are
comparable to that in water. About 2.5
to 62% of MCAA in cooking water has
been reported to be taken up by food
during cooking in a recent research
summary (Raymer et al. 2001). In
addition, there are uses of chlorine in
food production and processing, and
MCAA may occur in food as a
byproduct of chlorination (USEPA
1994a). Therefore, ingestion of MCAA in
food may also contribute to the overall
exposure. Assuming dermal absorption
rate of MCAA is similar to DCAA,
dermal contribution to the total  doses of
MCAA from routine household uses of
drinking water should be minor (see
V.B.2.B.).
3. Request for Comment
  EPA requests comment on the new
MCLGs for TCAA (0.02 mg/L) and
MCAA (0.03 mg/L) and all the factors
incorporated in the derivation of the
MCLGs, including the RfDs and RSCs.
EPA also solicits health effect
information on DBAA and
monobromoacetic acid (MBAA), for
which MCLGs have not yet been
established.
C. Consecutive Systems
  Today's  proposal includes provisions
for consecutive systems, which are
public water systems that purchase or
                      otherwise receive finished water from
                      another water system (a wholesale
                      system). As described in this section,
                      consecutive systems face particular
                      challenges in providing water that meets
                      regulatory standards for DBFs and other
                      contaminants whose concentration can
                      increase in the distribution system.
                      Moreover, current regulation of DBF
                      levels in consecutive systems varies
                      widely among States. In consideration
                      of these factors, EPA is proposing
                      monitoring, compliance schedule, and
                      other requirements specifically for
                      consecutive systems. These
                      requirements are intended to facilitate
                      compliance by consecutive systems
                      with MCLs for TTHM and HAA5 under
                      the Stage 2 DBPR. Further, this
                      approach will help to ensure that
                      consumers in consecutive systems
                      receive equivalent public health
                      protection. This section begins with  a
                      summary of how EPA proposes to
                      regulate consecutive systems under the
                      Stage 2 DBPR. The intent of this section
                      is to provide an overview of all
                      consecutive system requirements in
                      today's proposal. Detailed explanations
                      of these requirements are provided in
                      later sections of this preamble. The
                      overview of consecutive system
                      requirements is followed by an
                      explanation of why EPA has taken this
                      approach to consecutive systems in
                      today's proposal, including
                      recommendations from the Stage 2 M-
                      DBP Federal Advisory Committee.

                      1. What Is  EPA Proposing Today?

                        As public water systems, consecutive
                      systems must provide water that meets
                      the MCLs for TTHM and HAA5 under
                      the proposed Stage 2 DBPR, and must
                      carry out associated monitoring,
                      reporting, recordkeeping, public
                      notification, and other requirements.
                      The following discussion summarizes
                      how the Stage 2 DBPR requirements
                      apply to consecutive systems, beginning
                      with a series of definitions. Later
sections of this preamble provide
further details as noted.
  a. Definitions. To address consecutive
systems in the Stage 2 DBPR, the
Agency must define them, along with a
number of related terms.
  EPA is proposing to define a
consecutive system in the Stage 2 DBPR
as a public water system that buys or
otherwise receives some or all of its
finished water from  one or more
wholesale systems for at least 60 days
per year. In addition to buying finished
water, some consecutive systems also
operate a treatment plant (meaning a
plant that treats source water to produce
finished water). As described in section
V.I., monitoring requirements under the
Stage 2 DBPR proposal differ depending
on whether a consecutive system buys
all of its finished water year-round or,
alternatively, produces some of its
finished water through treating source
water.
  EPA proposes to define finished water
as water that  has been introduced into
the distribution system of a public water
system and is intended for distribution
without further treatment, except that
necessary to maintain water quality
(such as booster disinfection). With this
definition, water entering the
distribution system is finished water
even if a system subsequently applies
additional treatment like booster
disinfection to maintain a disinfectant
residua] throughout the distribution
system.
  In today's proposal, EPA defines a
wholesale system as a public water
system that treats source water and then
sells or otherwise delivers finished
water to another public water system for
at least 60 days per year. Delivery may
be through a direct connection or
through the distribution system of
another consecutive system. Under this
definition, a consecutive system that
passes water from a  wholesaler to
another consecutive system, and that
does not also treat source water, is not

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                Federal Register/Vol. 68, No. 159/Monday,  August 18, 2003/Proposed Rules
                                                                     49583
 wholesale system. Rather, the system
 hat actually produces the finished
 vater is responsible for wholesale
 ystem requirements under the
 iroposed Stage 2 DBPR.
  A consecutive system entry point is
 lefined as a location at which finished
 vater is delivered at least 60 days per
 ear from a wholesale system to a
 :onsecutive system. Section V.I.
 iresents the relationship between
 onsecutive system entry points and
 >roposed Stage 2 DBPR monitoring
 equirements. The combined
 Distribution system is the
 interconnected distribution system
 onsisting of the distribution systems of
 vholesale systems and of the
 onsecutive systems that receive
 inished water from those wholesale
 ystem(s).
  b. Monitoring. For consecutive
 ystems that both purchase finished
Lvater and treat source water to produce
 inished water for at least part of the
 ear, EPA is proposing monitoring
 equirements under a treatment plant-
 ased approach, described in section
V.I. This is the approach proposed for
 on-consecutive systems under the
 tage 2 DBPR  as well. Under this
 pproach, the  sampling requirements for
 onsecutive systems will be influenced
 y both the number of treatment plants
 perated by the system and the number
 f consecutive system entry points, as
   l as population served and source
.vater type.
  For consecutive systems that purchase
 II of their finished water year-round,
 PA is proposing monitoring
 jquirements under a population-based
 pproach, also described in section V.I.
 ;nder the population-based approach,
   population of the consecutive
 ystem will determine the sampling
 iquirements.  EPA believes this
 pproach is more appropriate than
 lant-based monitoring because these
 onsecutive systems do not have
reatment plants. As noted in section
 .1., EPA is requesting comment on
 xtending population-based monitoring
o all systems, including non-
 onsecutive systems. EPA has prepared
 raft guidance for implementing the
DSE monitoring requirements
described  in section V.H.) using the
 opulation-based approach (USEPA
 003j).
 EPA is also proposing that States have
 le opportunity to specify alternative
nonitoring requirements for multiple
 onsecutive systems in a combined
 istribution system. This option allows
 tates to consider complex consecutive
ystem configurations for which
 ternative monitoring strategies might
 e more appropriate. As a minimum
under such an approach, each
consecutive system must collect at least
one sample among the total number of
samples required for the combined
distribution system and will base
compliance on samples collected within
its distribution system. The consecutive
system is responsible for ensuring that
required monitoring is completed and
the system is in compliance. The
consecutive system may conduct the
monitoring itself or arrange for the
monitoring to be done by the wholesale
system or another outside party.
Whatever approach it chooses, the
consecutive system must document its
monitoring strategy as part of its DBP
monitoring plan.
  Finally, EPA is proposing that
consecutive systems not conducting
disinfectant residual monitoring comply
with the monitoring requirements and
MRDLs for chlorine and chloramines.
  c. Compliance schedules. EPA is
proposing that consecutive systems of
any size comply with the requirements
of the Stage 2 DBPR on the same
schedule as required for the largest
system in the combined distribution
system. This includes the schedule for
carrying out the IDSE, described in
section V.H, and for meeting the Stage
2B MCLs for TTHM and HAA5,
described in section V.D. As discussed
later in this section, EPA is proposing
simultaneous compliance schedules
under the Stage 2 DBPR for all systems
(both wholesalers and consecutive
systems) in a combined distribution
system because this may allow for more
cost-effective compliance with TTHM
and HAA5 MCLs. This is also consistent
with the recommendations of the Stage
2 M-DBP Advisory Committee. See
section V.J for details of compliance
schedule requirements.
  d. Treatment. While consecutive
systems often do not need to treat
finished water received from a
wholesale system, they may need to
implement procedures to control the
formation of DBFs in the distribution
system.  For consecutive systems, EPA is
proposing that the BAT for meeting
TTHM and HAAS MCLs is
chloramination with management of
hydraulic flow and storage  to minimize
residence time in the distribution
system. This BAT stems from the
recognition that treatment to remove
already-formed DBFs or minimize
further formation is different from
treatment to prevent or reduce their
formation. See  section V.F for additional
information on BATs and their role in
compliance with MCLs.
  e. Violations. Under this proposal,
monitoring and MCL violations are
assigned to the PWS where the violation
occurred. Several examples are as
follows:
—If a consecutive system has hired its
  wholesale system under contract to
  monitor in the consecutive system
  and the wholesale system fails to
  monitor, the consecutive system is in
  violation because it has the legal
  responsibility for monitoring under
  State/EPA regulations.
—If monitoring results in a consecutive
  system indicate an MCL violation, the
  consecutive systems is in violation
  because it has the legal responsibility
  for complying with the MCL under
  State/EPA regulations. The
  consecutive system may set up a
  contract with its wholesale system
  that details water quality delivery
  specifications.
—If a wholesale system has a violation
  and provides that water to a
  consecutive system, the wholesale
  system is in violation. Whether the
  consecutive system is in violation will
  depend on the situation. The
  consecutive system will also be in
  violation unless it conducted
  monitoring that showed that the
  violation was not present in the
  consecutive system.
  f. Public notice  and consumer
confidence reports. The responsibilities
for public notification and consumer
confidence reports rest with the
individual system. Under the Public
Notice Rule and Consumer Confidence
Report Rule, the wholesale system is
responsible for notifying the
consecutive system of analytical results
and violations related to monitoring
conducted by the  wholesale system.
Consecutive systems are required to
conduct appropriate public notification
after a violation (whether in the
wholesale system or the consecutive
system). In their consumer confidence
report, consecutive systems must
include results of the testing conducted
by the wholesale system unless the
consecutive system conducted
equivalent testing that indicated the
consecutive system was in compliance,
in which case the consecutive system
reports its own compliance monitoring
results.
  g. Recordkeeping and reporting.
Consecutive systems are required to
keep all records required of PWSs
regulated under this rule.  They are also
required to report to the State
monitoring results, violations, and other
actions,.and are required to consult with
the  State  after a significant excursion.
  h. State special  primacy conditions.
EPA is aware that  due to the
complicated wholesale system-
consecutive system relationships that

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Federal Register/Vol. 68, No. 159/Monday,  August  18, 2003/Proposed Rules
exist nationally, there will be cases
where the standard monitoring
framework proposed today will be
difficult to implement. Therefore, the
Agency is proposing to allow States to
develop, as a special primacy condition,
a program under which the State can
modify monitoring requirements for
consecutive systems. These
modifications must not undermine
public health protection and all
systems, including consecutive systems,
must comply with the TTHM and HAAS
MCLs based on the LRAA. However,
such a program would allow the State
to establish monitoring requirements
that account for complicated
distribution system relationships, such
as where neighboring systems buy from
and sell to each  other regularly
throughout the year, water passes
through multiple consecutive systems
before it reaches a user, or a large group
of interconnected systems have a
complicated combined distribution
system. EPA intends to develop a
guidance manual to address
development of a State program and
other consecutive system issues.

2. How Was This Proposal Developed?
  The practice of public water systems
buying and selling water to each other
has been commonplace for many years.
Reasons include saving money on
pumping, treatment, equipment, and
personnel; assuring an adequate supply
during peak demand periods; acquiring
emergency supplies; selling surplus
supplies; delivering  a better product to
consumers; and meeting Federal and
State water quality standards. EPA
estimates that there are at least 8500
consecutive systems nationally, based
on the definitions being proposed today.
  Consecutive systems face particular
challenges in providing water that meets
regulatory standards for contaminants
that can increase in the distribution
system. Examples of such contaminants
include coliforms, which can grow if
favorable conditions exist, and some
DBFs, including THMs and HAAs,
which can increase when a disinfectant
and DBP precursors  continue to react in
the distribution  system.
  EPA is proposing requirements
specifically for consecutive systems
because States have taken widely
varying approaches to regulating DBFs
in consecutive systems. For example,
some States do not regulate DBP levels
in consecutive systems that deliver
disinfected water but do not add a
disinfectant. Other States determine
compliance with DBP standards based
on the combined distribution system
that includes both the wholesaler and
consecutive systems. In this case, sites
                      in consecutive systems are treated as
                      monitoring sites within the combined
                      distribution system. Once fully
                      implemented, this proposed rule will
                      ensure similar protection for consumers
                      in consecutive systems.
                       EPA is proposing that consecutive
                      systems and wholesale systems be on
                      the same compliance schedule because
                      generally the most cost-effective way to
                      achieve compliance with TTHM and
                      HAAS MCLs is to treat at the source,
                      typically through precursor removal or
                      alternative disinfectants. For a
                      wholesale system to make the best
                      decisions concerning the treatment
                      steps necessary to meet TTHM and
                      HAAS LRAAs under the Stage 2 DBPR,
                      both in its own distribution system and
                      in the distribution systems of
                      consecutive systems it serves, the
                      wholesale system must know the DBP
                      levels throughout the combined
                      distribution system. Without this
                      information, the wholesale system may
                      design treatment changes that allow the
                      wholesale system to achieve
                      compliance, but leave the consecutive
                      system out of compliance.  EPA also
                      recognizes that there may be cases
                      where a consecutive system needs to
                      add treatment even after a wholesale
                      system has optimized its own  treatment
                      train.
                       In consideration of these issues, the
                      Stage 2 M-DBP Advisory Committee
                      recognized two principles related to
                      consecutive systems: (1) Consumers in
                      consecutive systems should be just as
                      well protected as customers of all
                      systems, and (2) monitoring provisions
                      should be tailored to meet the first
                      principle. Accordingly, the Advisory
                      Committee recommended that all
                      wholesale and consecutive systems
                      comply with provisions of the Stage 2
                      DBPR on the same schedule required of
                      the wholesale or consecutive system
                      serving the largest population in the
                      combined distribution system. In
                      addition, the Advisory Committee
                      recommended that EPA solicit
                      comments on issues related to
                      consecutive systems that the Advisory
                      Committee had not fully explored
                      (USEPA 2000g). EPA agrees with these
                      recommendations and they are reflected
                      in today's proposal.

                      3. Request for Comment
                       EPA requests comment on all
                      consecutive system issues  related to this
                      rule. Specifically, EPA requests
                      comment on the following:
                      —Whether the proposed definitions
                        adequately address  various  wholesale
                        system-consecutive system
                       relationships and issues.
—Whether any additional terms need to
  be defined and, if so, what the
  definition should be.
—Whether the criteria for States' use of
  the special primacy criteria and other
  State responsibilities are appropriate
  and adequate.
—Whether it is necessary to require that
  consecutive system treatment be
  installed on the same compliance
  schedule  as the wholesale system in
  cases where the size of the
  consecutive system might otherwise
  allow it a longer compliance time
  frame and the consecutive system
  treatment does not affect water quality
  in any other system.

D. MCLs for TTHM and HAAS
1. What Is EPA Proposing Today?
  Today, EPA is proposing  use of
locational running annual averages
(LRAAs) to  determine compliance with
the MCLs for TTHM and HAAS.
Consistent with the Stage 2 M-DBP
Advisory Committee recommendation,
EPA is proposing a phased approach for
LRAA implementation to allow systems
to identify compliance monitoring
locations for Stage 2B while facilitating
transition to the new compliance
strategy and maintaining simultaneous
compliance schedules for the Stage 2
DBPR and the LT2ESWTR.
  In Stage 2A, all systems must comply
with MCLs  of 0.120 mg/L for TTHM and
0.100 mg/L for HAAS as LRAAs using
Stage 1 DBPR compliance monitoring
sites. In addition, during this time
period, all systems must continue to
comply with the Stage 1 DBPR MCLs of
0,080 mg/L TTHM and 0.060 mg/L
HAAS as RAAs.
  In Stage 2B, all systems, including
consecutive systems,  must comply with
MCLs of 0.080 mg/L TTHM and 0.060
mg/L HAAS as LRAAs using sampling
sites identified under the Initial
Distribution System Evaluation (IDSE)
(discussed in section V.H.).
  Details of proposed monitoring
requirements and compliance schedules
are discussed in preamble sections V.I.
and V.J., respectively, and may be found
in §141.136 and subpart V  of today's
rule.
2. How Was This Proposal Developed?
  a. Definition of an LRAA. The primary
objective of the LRAA is to reduce
exposure to high DBP levels. For an
LRAA, an annual average must be
computed at each monitoring site. The
RAA compliance basis of the 1979
TTHM rule and the Stage 1 DBPR allows
a system-wide annual average under
which high DBP concentrations in one
or more locations are averaged with, and

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                Federal Register/Vol. 68, No.  159/Monday,  August 18, 2003/Proposed  Rules
                                                                                         49585
dampened by, lower concentrations       calculating compliance with the MCLs    RAA, and the proposed Stage 2 DBPR
slsewhere in the distribution system.      for TTHM between a Stage 1 DBPR        LRAA.
Figure V—1 illustrates the difference in                                           BILLING CODE eseo-so-p


               Figure V-l. Comparison of RAA and LRAA compliance calculations1.
             Stage 1 DBPR
                   First Quarter
                                                       Distribution System
                                                       Sampling Location
                      Second Quarter
                      Third Quarter
                          Fourth Quarter
               Average of All Samples     Average of All Samples     Average of All Samples     Average of Alt Samples

                                                          Y                                          '
                                        Running Annual Average of Quarterly Averages
                                                 MUST BE BELOW MCL
            Stage 2 DBPR
                   First Quarter
                      Second Quarter
                     Third Quarter
                         Fourth Quarter
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
                                            LRAA J
                                     MUST BE BELOW MCL
                   First Quarter  •
                   Second Quarter 9 !
                   Third Quarter  • f        LRAA 3
                   Fourth Quarter* I  MUST BE BELOW MCL
                   First Quarter  A
                   Second Quarter A
                   Third Quarter  A ,
                   Fourth Quarter A J  MUST BE BELOW MCL
                >
LRAA 2
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
                                            LRAA 4
                                    MUST BE BELOW MCL
      TStage 2 DBPR sampling locations will be selected based on the results of an IDSE study and may occur at locations
      different from Stage 1 DBPR sampling sites.
IILUNG CODE 6560-50-P

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Federal  Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed  Rules
   b. Consideration of regulatory
 alternatives. This section will discuss
 EPA's and the Stage 2 M-DBP Advisory
 Committee's decision-making process as
 an array of alternative MGL strategies
 were considered. EPA believes that the
 MCL alternative proposed today (MCLs
 of 0.080 mg/L TTHM, 0.060 mg/L HAA5
 as LRAAs) is supported by the best
 available research, data, and analysis.
 The science related to cancer and
 reproductive and developmental health
 effects that may be associated with
 DBPs, in conjunction with  occurrence
 data that show that a significant number
 of high DBF levels occur under current
 regulatory scenarios, justify a change in
 regulation. EPA believes that this
 proposal achieves an appropriate
 balance between the available science
 and the uncertainties. EPA believes that
 regulatory action is necessary and
 prudent in the interest of further public
 health protection and that the LRAA
 alternative in combination  with the
 IDSE is a balanced and reasonable
 approach. Although it will  not remove
 all DBP peaks (individual samples with
 values greater than the MCL), this
 proposed regulation will ensure that
 DBP exposures across a system's
 distribution system are further reduced,
 are more equitable, and may reduce
 cancer and reproductive and
 developmental risk.
   The Advisory Committee discussions
 primarily focused on the relative
 magnitude of exposure reduction versus
 the expected impact on the water
 industry and its customers. Initially,
 this analysis compared expected
 reductions in DBP levels and
 predictions of treatment technology
 changes associated with a wide variety
 of Stage 2 DBPR MCL alternatives.
  After initial discussions,  EPA and the
 Advisory Committee primarily focused
 on four types of alternative rule
 scenarios.
 Preferred Alternative.—MCLs of 0.080
  mg/L TTHM and 0.060 mg/L HAAS as
  LRAAs.  Bromate MCL of 0.010 mg/L.
 Alternative 1.—MCLs of 0.080 mg/L
  TTHM and 0.060 mg/L HAAS as
  LRAAs.  Bromate MCL of 0.005 mg/L.
Alternative 2.—MCLs of 0.080 mg/L
  TTHM and 0.060 mg/L HAAS as
  individual sample maximums  (i.e., no
  single sample could exceed the MCL}.
  Bromate MCL of 0.010 mg/L.
Alternative 3.—MCLs of 0.040 mg/L
  TTHM and 0.030 mg/L HAAS as
  RAAs. Bromate MCL of 0.010 mg/L.
  EPA and the Advisory Committee,
with assistance from the Technical
Workgroup, conducted an in-depth
analysis of these regulatory alternatives.
In the process of evaluating alternatives,
                      EPA and the Advisory Committee
                      reviewed vast quantities of data and
                      many analyses that addressed health
                      effects, DBP occurrence, predicted
                      reductions in DBP levels, predicted
                      technology changes, and capital, annual,
                      and household costs. Details of the
                      compliance, occurrence, and cost
                      forecasts for the four alternative rule
                      scenarios are described in the Stage 2
                      DBPR Economic Analysis (EA) (USEPA
                      2003i) and the Stage 2 DBPR Occurrence
                      Document (USEPA 2003o).
                        In the end, the Advisory Committee
                      recommended the Preferred Alternative
                      in combination with the IDSE which
                      they believed would reduce exposure to
                      high levels of DBPs. Today, EPA is
                      proposing the Preferred Alternative in
                      combination with the  IDSE.
                        The only difference between the
                      Preferred Alternative and Alternative 1
                      is the bromate MCL. The Advisory
                      Committee's recommendation to
                      maintain the Stage 1 DBPR bromate
                      MCL of 0,010 mg/L is  discussed in
                      section V.G. of today's proposal.
                        Alternatives 2 and 3 are significantly
                      more stringent than the Stage 1 DBPR
                      with respect to the TTHM and HAAS
                      requirements. Alternative 2 would
                      require that all samples be below the
                      MCL. Because DBP occurrence is
                      variable across the distribution system
                      and over time (as discussed in section
                      IV), systems would have to base their
                      disinfectant and treatment strategies on
                      controlling their highest DBP
                      occurrence levels. Alternative 3
                      maintains the Stage 1 DBPR RAA
                      compliance calculation, but reduces the
                      Stage 1 DBPR MCLs by 50 percent. Both
                      alternatives 2 and 3 would cause
                      significant changes in  treatment for a
                      large number of systems. The estimated
                      costs for Alternatives 2 and 3 are
                      approximately an order of magnitude
                      above the costs for the Preferred
                      Alternative (see section VII.B.).
                        Consistent with this greater stringency
                      of alternatives 2 arid 3, the predicted
                      DBP reductions and the resulting health
                      benefits for them are greater than those
                      predicted for the Preferred Alternative.
                      Although all members of the Advisory
                      Committee believed that the science
                      showing reproductive  and
                      developmental health effects that have
                      been associated with DBPs was
                      sufficient to cause concern and warrant
                      regulatory action, the Advisory
                      Committee did not believe that the
                      association  was certain enough to justify
                      the substantial change  in treatment
                      technologies that would be required to
                      meet these alternatives. Thus, the
                      Advisory Committee rejected
                      Alternatives 2 and 3.
   c. Basis for the LRAA. This section
 discusses the data and information EPA
 used to determine that the LRAA is an
 appropriate compliance strategy for
 today's proposed rule. EPA has chosen
 compliance based on an LRAA due to
 concerns about levels of DBPs above the
 MCL in some portions of the
 distribution system. The LRAA standard
 will eliminate system-wide averaging.
 The individuals served in areas of the
 distribution system with above average
 DBP occurrence levels masked by
 averaging under an RAA are not
 receiving the same level of health
 protection. Although an LRAA standard
 still allows averaging at a single location
 over an annual period, EPA believes
 that changing the basis of compliance
 from an RAA to an LRAA will result in
 decreased exposure to above average
 DBP levels (see section VILA, for
 predictions of DBP reductions under the
 LRAA MCLs). This conclusion is based
 on three considerations:
   (1) There is considerable evidence
 that under the current RAA MCL
 compliance monitoring requirements a
 small but significant proportion of
 monitoring locations experience high
 DBP levels. As summarized in section
 IV of this preamble, 14 and 21% of
 Information Collection Rule systems
 currently meeting the Stage 1 DBPR
 RAA MCLs had TTHM and HAAS single
 sample concentrations greater than the
 Stage I MCLs and ranged up to 140 ug/
 L and 130 ug/L respectively (Figures IV-
 1 and IV-2), though most of these
 exceedences were below 100 ug/L.
   (2) In some situations, the populations
 served by certain portions of the
 distribution system consistently receive
 water that exceeds the MCL even though
 the system is in compliance. As
 discussed in section IV of this preamble,
 some Information Collection Rule
 systems meeting the Stage 1 DBPR RAA
 MCLs had monitoring locations that
 exceeded 0.080 mg/L TTHM and/or
 0.060 mg/L HAAS as an annual average
 (i.e., as LRAAs) by up to 25% (Figures
 W-3 and IV-4). Five percent of plants
 that achieved compliance with the Stage
 1 TTHM MCL of 0.080 mg/L based on
 an RAA had a particular sampling
 location that exceeded 0.080 mg/L as an
 LRAA (Figure IV-3). Figure IV-4 shows
 similar results based on Information
 Collection Rule HAAS data. Three
 percent of plants that met the Stage 1
 HAAS MCL of 0.060 mg/L as an RAA
had a.sampling location that exceeded  -
0.060 mg/L as an LRAA. Customers
served at these locations consistently
received water with TTHM and/or
HAAS concentrations higher than the
system-wide MCL.

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                                                                     49587
   (3) Compliance based on an LRAA
will remove the opportunity for systems
to average out samples from high and
low quality water sources. Some
systems are able to comply with an RAA
MCL even if they have a plant with a
poor quality water  source (that thus
produces high concentrations of DBFs)
because they have another plant that has
a better quality water source (and thus
lower concentrations of DBFs).
Individuals served  by the plant with the
poor quality source will usually have
higher DBF exposure than individuals
served by the other plant.
   d. Basis for phasing LRAA
compliance. EPA believes that a phased
approach for LRAA implementation will
facilitate transition to the new
compliance requirements. Stage 2A of
this proposed ruie does not require
systems to conduct any additional
monitoring. They will continue to
monitor at Stage 1 DBPR locations.
Because the LRAA  calculation is the
same as the RAA calculation if there is
only one site, Stage 2A compliance only
applies to systems that monitor at more
than one site and will only affect
medium and large surface water systems
(serving at least 10,000 people) or
systems with multiple plants. Thus, the
majority of ground  water systems, small
surface water systems, and some
consecutive systems are not affected by
the proposed Stage 2A requirements.
  e. TTHM and HAAS as Indicators. In
part, both the TTHM and HAAS classes
are regulated because they occur at high
levels and represent chlorination
byproducts that are produced from
source waters with a wide range of
water quality. The combination of
TTHM and HAAS represent a wide
variety of compounds resulting from
bromine substitution  and chlorine
substitution reactions (i.e., bromoform
has 3 bromines, TCAA has 3 chlorines,
BDCM has one bromine and two
chlorines, etc). EPA believes that the
TTHM and  HAAS classes serve as an
indicator for unidentified and
unregulated DBFs. EPA believes that
controlling  the occurrence levels of
TTHM and  HAAS will control the levels
of all chlorination DBFs to some extent.

3. Request for Comment
  EPA requests comment  on the
alternative MCL strategies that were
considered  by the Advisory Committee
and the determination to propose the
Preferred Alternative in combination
with the IDSE as the preferred
regulatory strategy.  EPA also requests
comment on whether the proposed
approach will reduce  peak DBF levels.
  EPA requests comment  on the phased
MCL strategy and whether or not it will
facilitate compliance with the LRAA.
EPA also requests comment on the Stage
2A MCLs of 0.120 mg/L TTHM and
0.100 mg/L HAAS as LRAAs and on the
long-term MCLs of 0.080 mg/L TTHM
and 0.060 mg/L HAA5 as LRAAs.
E. Requirements for Peak TTHM and
HAAS Levels

1. What Is EPA Proposing Today?
  Today, EPA is proposing that,
concurrent with Stage 2B, systems must
specifically document occurrences of
peak DBP levels, termed significant
excursions. In support of this provision,
EPA is proposing that States, as a
special primacy condition, develop
criteria for determining whether a
system has a significant excursion. EPA
has developed draft guidance for
systems and States on how systems may
determine whether they have significant
excursions. EPA is also proposing that
a system that has a significant excursion
must: (1) Evaluate distribution system
operational practices to identify
opportunities to reduce DBP levels
(such as tank management to reduce
residence time and flushing programs to
reduce disinfectant demand), (2)
prepare a written report of the
evaluation, and (3) no later than the
next sanitary survey, review the
evaluation with their State. This review
will take place under the sanitary
survey components calling for the State
to review monitoring, reporting, and
data verification and system
management and operation.
2. How Was This Proposal Developed?
  Because individual measurements
from a location are averaged over a four-
quarter period to determine compliance,
there may be occurrence levels that
exceed the MCL even when a system is
in compliance with an LRAA MCL. EPA
and the Advisory Committee were
concerned about these exposures to
peak levels of DBFs and the possible
risk they might pose. This concern was
clearly reflected in the Agreement in
Principle, which states,
  "Recognizing that significant
excursions of DBP levels will sometimes
occur, even when systems are in full
compliance with the enforceable MCL,
public water systems that have
significant excursions during peak
periods are to refer to EPA guidance on
how to conduct peak excursion
evaluations, and how to reduce such
peaks. Such excursions will be reviewed
as part of the sanitary survey process.
EPA guidance on DBP level excursions
will be issued prior to promulgation of
the final rule and will be developed in
consultation with stakeholders."
  In evaluating this recommendation,
EPA believes that the Advisory
Committee's intent was clear with
regard to the need for guidance on how
to evaluate and reduce significant
excursions. However, the Agreement is
less clear on how, and where, to define
what constitutes a significant excursion,
and how to define the scope of the
evaluation. EPA draft guidance
recommends several approaches for
determining whether significant
excursions have occurred. While today's
proposal requires an evaluation only of
distribution system operational
practices, EPA believes that many
systems would benefit from a broader
evaluation that includes treatment plant
and other system  operations.
  EPA recognizes that different
stakeholders have different points of
view on whether specific criteria that
initiate the evaluation of significant
excursions should be included in the
rule or in guidance. EPA also recognizes
that different stakeholders may have
different perspectives on how to
identify a significant excursion. For this
proposal, EPA has prepared draft
guidance for systems and States on how
to (1) determine whether a significant
excursion has occurred, using several
different options, (2) conduct significant
excursion evaluations, and (3) reduce
significant excursion occurrence.
3. Request for Comment
  EPA requests comment on the
proposed approach for addressing
significant excursions and on the draft
guidance. Is a special primacy condition
the appropriate means for allowing
flexibility in identifying significant
excursions while ensuring that such
evaluations occur? Is the sanitary survey
the appropriate mechanism  for
reviewing significant excursion data
with the State? Should a system be
required to take corrective action when
significant excursions occur? Should the
required scope of the evaluation be
expanded beyond distribution system
operations?
  EPA also requests comment on
whether specific criteria that initiate the
evaluation of significant excursions
should be included in the rule or -in
guidance. EPA requests comment on
how to identify significant excursions
(regardless of whether the criteria are in
the rule  or in guidance). For example,
should the significant excursion be
based on an individual measurement,
e.g., any measurement being 25 or 50%
over either the TTHM or HAAS MCLs?
Alternatively, should the determination
of a significant excursion be based on a
certain level of variability among
multiple measurements? For example,

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Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed Rules
 should the significant excursion be
 based on the standard deviation of the
 LRAA exceeding specific numerical
 values for either TTHM (e.g., 0.020 rag/
 1) or HAAS (e.g., 0.015 mg/L)? Or should
 the excursion be based on a relative
 measure of variability (e.g., a relative
 standard deviation exceeding 25% or
 50%) with the condition of a threshold
 average concentration also being
 exceeded (e.g., an LRAA needing to be
 at least 0.040 mg/1 for TTHM or 0.030
 mg/1 for HAA5)? EPA requests comment
 on the above approaches or alternative
 approaches for determining whether a
 significant excursion has occurred. EPA
 also requests comment on whether
 different approaches maybe appropriate
 for large and small systems.

 F. BAT for TTHM and HAAS

 1. What Is EPA Proposing Today?
   Today, EPA is proposing that the best
 available technology (BAT) for the
 TTHM and HAAS LRAA MCLs (0.080
 mg/L and 0.060 mg/L respectively) be
 one of the three following technologies:
   (1) GAG adsorbers with at least 10
 minutes of empty bed contact time and
 an annual average reactivation/
 replacement frequency no greater than
 120 days, plus enhanced coagulation or
 enhanced softening.
   (2) GAG adsorbers with at least 20
 minutes of empty bed contact time and
 an annual average reactivation/
 replacement frequency no greater than
 240 days.
   (3) Nanofiltration (NF) using a
 membrane with a  molecular weight cut
 off of 1000 Daltons or less (or
 demonstrated to reject at least 80% of
 the influent TOG concentration under
 typical operating conditions).
  EPA is proposing a different BAT for
 consecutive systems than for wholesale
 systems to meet the TTHM and HAAS
 LRAA  MCLs. The  proposed consecutive
 system BAT is chloramination with
 management of hydraulic flow and
 storage to minimize residence time in
 the distribution system.

 2. How Was This Proposal Developed?
  a. Basis for the BAT. The Safe
 Drinking Water Act directs EPA to
 specify BAT for use in achieving
 compliance with the MCL. Systems
unable to meet the MCL after
application of BAT can get a variance
 (see section V.L. for a discussion of
variances). Systems are not required to
use BAT in order to comply with the
MCL. They can use other technologies
as long as they meet all drinking water
standards and are approved by the State.
  EPA  examined BAT using two
different methods: (1) EPA analyzed
                      data from the Information Collection
                      Rule treatment studies and (2) EPA used
                      the Surface Water Analytical Tool
                      (SWAT), a model developed to compare
                      alternative regulatory strategies. Both
                      analyses support the BAT options
                      proposed today. The results of each
                      analyses are presented in the following
                      two sections.
                        i. BAT analysis using the Information
                      Collection Rule treatment studies. EPA
                      analyzed data from the Information
                      Collection Rule treatment studies
                      (Information Collection Rule Treatment
                      Study Database CD-ROM, Version 1.0,
                      USEPA 2000m; Hooper and Allgeier
                      2002). The treatment studies were
                      designed to evaluate the technical
                      feasibility of using GAG and NF to
                      remove DBP precursors prior to the
                      addition of chlorine-based disinfectants.
                      Systems were required to conduct an
                      Information Collection Rule treatment
                      study based on TOG levels in the source
                      or finished water. Specifically, surface
                      water plants with annual average source
                      water TOG concentrations greater than 4
                      mg/L and ground water plants with
                      annual average finished water TOG
                      concentrations greater than 2 mg/L were
                      required to conduct treatment studies.
                      Thus, the plants required to conduct
                      treatment  studies generally had waters
                      with organic DBP precursor levels that
                      were significantly higher than the
                      Information Collection Rule national
                      plant medians of 2.7 mg/L for source
                      water at surface water plants and 0.2
                      mg/L for finished water at ground water
                      plants (USEPA 2003o).
                       Plants that conducted GAG studies
                      typically evaluated performance at two
                      empty bed contact times, 10 and 20
                      minutes, over a wide range of
                      operational run times to evaluate the
                     variable nature of TOG removal by GAG.
                     This allowed GAG performance to be
                      assessed with respect to empty bed
                      contact time as well as reactivation/
                     replacement frequency. Plants that
                     conducted membrane treatment studies
                     evaluated one or two nanofiltration
                     membranes with molecular weight
                     cutoffs less than 1000 Daltons.
                     Regardless of the technology evaluated,
                     all treatment studies evaluated DBP
                     formation in the effluent  from the
                     advanced process under simulated
                     distribution system conditions
                     representative of the average residence
                     time and using free chlorine as the
                     primary and residual disinfectant, (For
                     more information on the Information
                     Collection Rule treatment study
                     requirements and testing protocols, see
                     USEPA 1996 a and b.)
                       Based on the treatment study results,
                     GAG is effective for controlling DBP
                     formation for waters with influent TOG
 concentrations below approximately 6
 mg/L (based on the Information
 Collection Rule and NRWA data, over
 90 percent of plants have average
 influent TOG levels below 6 mg/L
 (USEPA 2003o)). Of the plants that
 conducted an Information Collection
 Rule GAG treatment study,
 approximately  70% of the surface water
 plants studies could meet the 0.080 mg/
 L TTHM and 0.060 mg/L HAAS MCLs,
 with a 20% safety factor (i.e., 0.064 mg/
 L and 0.048 mg/L, respectively) using
 GAG with 10 minutes of empty bed
 contact time and a 120 day reactivation
 frequency, and 78% of the plants could
 meet the MCLs with a 20% safety factor
 using GAG with 20 minutes of empty
 bed contact time and a 240 day
 reactivation frequency. As discussed
 previously, the treatment studies were
 conducted at plants with poorer water
 quality than the national average.
 Therefore, EPA believes that much
 higher percentages of plants nationwide
 could meet the  MCLs with the proposed
 GAG BATs.
   Among plants using GAG, larger
 systems would  likely realize an
 economic benefit from on-site
 reactivation, which could allow them to
 use smaller, ID-minute empty bed
 contact time contactors with more
 frequent reactivation (i.e., 120 days or
 less). Most small systems would not
 find it economically advantageous to
 install on-site carbon reactivation
 facilities, and thus would opt for larger,
 20-minute empty bed contact time
 contactors, with less frequent carbon
 replacement (i.e., 240 days or less).
   The proposed reactivation/
 replacement interval for the 20 minute
 contactor (i.e., 240 days) is double the
 reactivation/replacement  interval for 10
 minute contactor (i.e., 120 days). This is
 based on the assumption of a linear
 relationship between empty bed contact
 time and the reactivation interval (e.g.,
 a doubling of the empty bed contact
 time will result in a doubling of the
 reactivation interval). The data from the
 Information Collection Rule treatment
 studies indicates that this linear
 relationship may not always hold and
 that doubling the empty bed contact
 time generally results in more than a
 doubling of the  reactivation interval.
While there may be some operational
 advantage in using larger empty bed
contact times, the larger contactors will
result in additional capital
expenditures. Furthermore, the
economic optimization of a GAG
process must also consider the number
of smaller contactors in parallel, since it
may be advantageous to operate a larger
number of smaller contactors in parallel,
allowing each individual contactor to be

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                Federal Register /Vol.  68,  No. 159/Monday, August 18, 2003/Proposed  Rules
                                                                   49589
operated for a longer period of time.
Based on these considerations, and the
analysis of subject matter experts, it was
concluded that the proposed
combination of GAG empty bed contact
times and reactivation/replacement
intervals were reasonable for BAT.
  The Information Collection Rule
treatment study results also
demonstrated that nanofiltration was
the better DBF control technology for
ground water sources with high TOC
concentrations (i.e., above
approximately 6 mg/L). The results of
the membrane treatment studies showed
that all ground water plants could meet
the 0.080 mg/L TTHM and 0.060 mg/L
HAA5 MCLs, with a 20% safety factor
(i.e., 0.064 mg/L and 0.048 mg/L,
respectively) at the average distribution
system residence time using
nanofiltration. Nanofiltration would be
less expensive than GAG for high TOC
ground waters, which generally require
minimal pretreatment prior to the
membrane process. Also, nanofiltration
is an accepted technology for treatment
of high TOC ground waters in Florida
and parts of the Southwest, areas of the
country with elevated TOC levels in
ground waters.
  ii. BAT analysis using the SWAT. The
second method that EPA used to
examine alternatives for BAT was the
SWAT model that was developed to
compare alternative regulatory
strategies. EPA modeled the following
BAT options: enhanced coagulation/
softening with chlorine (the Stage 1
DBPR BAT); enhanced coagulation/
softening with chlorine and no
predisinfaction; enhanced coagulation
and GAC10; enhanced coagulation and
GAC20; and enhanced coagulation and
chloramines. Enhanced coagulation/
softening is required under the Stage 1
DBPR at subpart H conventional
filtration plants. In the model, GAC10
was defined as granular activated
carbon with an empty bed contact time
of 10 minutes and a reactivation or
replacement interval of 90 days or
longer. GAC20 was defined as granular
activated carbon with an empty bed
contact time of 20 minutes and a
reactivation or replacement interval of
90 days or longer. EPA assumed that
systems would be operating to achieve
both the Stage 2B MCLs of 0.080 mg/L
TTHM and 0.060 mg/L HAA5 as an
LRA.A and the SWTR removal and
inactivation requirements of 3-log for
Giardia and 4-log for viruses. EPA also
evaluated the BAT options under the
assumption that plants operate to
achieve DBF levels 20% below the MCL
(safety factor). These assumptions along
with other inputs for the SWAT runs are
consistent with those used in the
Economic Analysis of today's proposed
rule (USEPA 2003i).
  The compliance percentages
forecasted by the SWAT model are
indicated in Table V—1. EPA estimates
that more than 97% of large systems
will be able to achieve the Stage 2B
MCLs regardless of post-disinfection
choice if they were to apply one of the
proposed GAG BATs, i.e., enhanced
coagulation (EC) and GAC10 (Seidel
Memo, 2001). As shown in the Stage 2
DBPR Occurrence document (USEPA
2003o), the source water quality (e.g.,
DBP precursor levels) in medium and
small systems is expected to be
comparable to or better than that for the
large systems. Based on the large system
estimate, EPA believes it is conservative
to assume that  at least 90% of medium
and small systems will be able to
achieve the Stage 2B MCLs if they were
to apply one of the proposed GAG
BATs. EPA assumes that small systems
may adopt GAC20 in a replacement
mode (with replacement every 240 days)
over GAC10 because it may not be
economically feasible for some small
systems to install and operate an on-site
GAG reactivation facility. Moreover,
some small systems may find
nanofiltration cheaper than the GAC20
in a replacement mode if their specific
geographic locations cause a relatively
high cost for routine GAG shipment.
   TABLE v-1.—SWAT MODEL PREDICTIONS OF PERCENT OF LARGE PLANTS IN COMPLIANCE WITH TTHM AND HAA5
                   STAGE 2B MCLs AFTER APPLICATION OF SPECIFIED TREATMENT TECHNOLOGIES
Technology *


EC & GAC10 	
EC & GAC20 	
EC & All Chloramines 	 : 	
Compliance with 0.080 mg/L (TTHM)/0.060 mg/L
(HAAS) LRAAs
Residual disinfectant
Chlorine
73.5
73.4
100
100
NA
Chloramine
76.9
88.0
97.1
100
83.9
All systems
74.8
78.4
99.1
100
NA
Compliance with 0.064 mg/L (TTHM)/0.048 mg/L
(HAAS) LRAAs (MCLs with 20% safety factor)
Residual disinfectant
Chlorine
57.2
44.1
100
100
NA
Chloramine
65.4
62.7
95.7
100
73.6
All systems
60.4
50.5
98.6
100
NA
  ' Enhanced coagulation/softening is required under the Stage 1 DBPR for conventional plants.
  b. Basis for the Consecutive System
BAT. EPA believes that the best
compliance strategy for consecutive
systems is to collaborate with
wholesalers on the water quality they
need. For consecutive systems that are
having difficulty meeting the MCLs,
EPA is proposing a BAT of
chloramination with management of
hydraulic flow and storage to minimize
residence time in the distribution
system. EPA is proposing a different
BAT than for wholesale systems because
a consecutive system's source water has
already been disinfected and contains
DBPs that cannot be effectively removed
or controlled with the BATs proposed
for wholesale systems. EPA believes the
proposed consecutive system BAT is an
effective means for consecutive systems
to meet the MCLs.
  Chloramination has been used for
residual disinfection for many years to
minimize the formation of chlorination
DBPs, including TTHM and HAA5
(Stage 2 Technology and Cost
Document, USEPA 2003k). The BAT
provision to manage hydraulic flow and
minimize residence time in the
distribution system is to facilitate  the
maintenance of the chloramine residual
and minimize the likelihood for
nitrification. Nitrification, the process
by which microbes convert free
ammonia to nitrate and nitrite, is a
concern for systems using chloramines.
Nitrification, however, can be controlled
with appropriate chlorine to ammonia
ratios, increasing flow in low demand
areas, and increasing storage tank
turnover. EPA proposes that systems
implementing the consecutive system
BAT must do the following: (1)
Maintain a chloramine residual
throughout the distribution system, (2)
develop and submit a plan that
indicates actions that will be taken to
minimize the residence time of water

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Federal Register/Vol. 68. No.  159/Monday. August 18, 2003/Proposed Rules
 within the distribution system, (3) have
 the plan approved by the Primacy
 Agency, and (4) implement the plan as
 approved by the Primacy Agency.
 Minimum components of the
 management plan would include
 periodic scheduled flushing of all dead
 end pipes and storage vessels through
 which water is delivered to customers,
 and hydraulic flow control procedures
 that routinely circulate water in all
 storage vessels within the distribution
 system.
   EPA believes that the BATs proposed
 for wholesale systems are not
 appropriate for consecutive systems
 because each of these BATs, when
 applied to water with DBFs, raises other
 concerns. GAG is not cost-effective for
 removing DBPs. In addition, dioxin, a
 carcinogen, may be formed during GAG
 regeneration if GAG has been used to
 adsorb chlorinated DBPs. Nanofiltration
 is only moderately effective at removing
 THMs or HAAs if membranes that have
 a very low molecular weight cutoff and
 very high cost of operation are
 employed. Therefore, GAG and
 nanofiltration are not appropriate BATs
 for consecutive systems.

 3. Request for Comment

  EPA requests comment on the
 proposed BATs including the BAT for
 consecutive systems.

 G. MCL, BAT, and Monitoring for
 Bromate

 1. What Is EPA Proposing Today?

  EPA is proposing today that the MCL
 for bromate for systems using ozone
 remain at 0.010 mg/L as an RAA for
 samples taken at the entrance to the
 distribution system as established by the
 Stage 1 DBPR and as provided for under
 the risk-balancing provisions of section
 1412(b)[5) of the SDWA. EPA's proposal
 is consistent with the recommendation
 of the Stage 2 M-DBP Advisory
 Committee, which considered the
 potential that reducing the bromate
 MCL could both increase the
 concentration of other DBPs in the
 drinking water and interfere with the
 efficacy of microbial pathogen
 inactivation. In addition, as required by
 the SDWA and as recommended by the
 Advisory Committee, EPA will review
the  bromate MCL as part of the 6-year
 review process and determine whether
the  MCL should remain at 0.010 mg/L
 or be reduced to a lower level. As a part
of that review, EPA will consider the
increased utilization of alternative
technologies, such as UV, and whether
the risk/risk concerns reflected in
today's proposal remain valid.
                        Because EPA is not revising the Stage
                      1 DBPR bromate MCL, EPA is not
                      proposing a revised BAT for bromate.
                      The Stage 1 DBPR BAT for bromate is
                      defined as control of ozone treatment
                      processes to reduce production of
                      bromate. EPA also determined that it
                      was not necessary to regulate bromate in
                      non-ozone systems that use
                      hypochlorite.
                        Finally, EPA is proposing to modify
                      the criterion for a system that uses
                      ozone (and therefore must monitor for
                      bromate) to qualify for reduced bromate
                      monitoring from one sample per ozone
                      plant per month to one sample per plant
                      per quarter.

                      2. How Was This Proposal Developed?
                       a, Bromate MCL. Bromate is a
                      principal byproduct from ozonation of
                      bromide-containing source waters. As
                      described in more detail later, making
                      the bromate MCL more stringent has the
                      potential to decrease current levels of
                      microbial  protection, impair the ability
                      of systems to control resistant pathogens
                      like Cryptospondium, and increase
                      levels of DBPs from other disinfectants
                      that may be used instead of ozone.
                       EPA estimates that the 1 in 10,000
                      excess lifetime cancer risk level for
                      bromate is 0.005 mg/L. EPA proposed
                      and ultimately finalized an MCL of
                      0.010 mg/L in the Stage 1 DBPR,
                      primarily because available analytical
                      detection methods for bromate could
                      only reliably measure to 0.01 mg/L
                      (USEPA 1994b). Analytical methods for
                     bromate are now available to quantify
                     bromate concentrations as low as 0.001
                     mg/L. Due to the availability of lower
                     detection methods for bromate, as part
                     of the Stage 2 M-DBP Advisory
                     Committee deliberations, EPA
                     considered revising the MCL to 0.005
                     mg/L or lower.
                       As a disinfectant, ozone is highly
                     effective against a broad range of
                     microbial pathogens including bacteria,
                     viruses, and protozoa. Moreover, ozone
                     is one of the few disinfectants available
                     in water treatment that is capable of
                     inactivating Cryptosporidium, a
                     protozoan  which can cause severe
                     intestinal disorders and can be deadly to
                     those with compromised immune
                     systems. The oxidizing properties of
                     ozone are also valuable for treatment
                     objectives like control of tastes and
                     odors and removal of iron and
                     manganese. In contrast, chlorine, the
                     most common disinfectant and oxidant
                     in water treatment, is substantially less
                     effective for controlling
                     Cryptosporidium. Chlorine dioxide,
                     while capable of providing low levels of
                     inactivation for Cryptosporidium,
                     typically cannot be used at high doses
 without violating the MCL for chlorite,
 a byproduct of chlorine dioxide. UV
 light is highly effective against
 Cryptosporidium and Giardia and most
 viruses, but has not been used
 extensively to treat drinking water in
 the United States.
   As of early 2000, there were 332
 plants of various sizes using ozone
 (Overbeck 2000) and 58 plants that were
 planning to install ozonation (Rice
 2000—personal communication: email
 7/14/2000). A significant percent of
 current ozone plants use ozone for some
 portion of their disinfection objective
 (Rice, 2000—personal communication:
 email 7/14/2000). An ozone system that
 could not meet a 0.005 mg/L bromate
 MCL would have three primary  options:
 decrease the ozone dose; switch to a
 different disinfectant; or install an
 advanced filtration process such as
 membranes, sometimes in combination
 with the first two options. Of these three
 options, the third is likely effective but
 very expensive, while the first two
 create the risk either of reducing
 microbial protection for a wide range of
 microbial pathogens, or of increasing
 formation of DBPs other than bromate.
   In an attempt to achieve a lower level
 of bromate, some systems might  be
 driven to reduce the applied ozone dose
 to the minimum necessary for regulatory
 compliance or switch to other treatment
 processes. Many systems currently
 achieve more disinfection than is
 required by the SWTR and if a system
 were to simply lower the ozone dose,
 protection from pathogens may be
 compromised. In addition, since
 inactivation of Cryptosporidium
 requires much higher ozone doses  than
 Giardia inactivation, systems cannot
 achieve Cryptosporidium inactivation
 with low ozone doses.
   If a system were to lower the ozone
 dose and supplement with an additional
 disinfectant, or switch entirely to a
 different disinfectant, the system may
 not achieve the same level of microbial
 protection as is afforded by ozonation.
 Also, other potentially harmful
 byproducts from the different
 disinfectant would be produced.
   During the Stage 2 M-DBP Advisory
 Committee discussions, the TWG
 evaluated the impact of reducing the
 bromate MCL from 0.010 mg/L to 0.005
 mg/L as an annual average. The TWG
 concluded that many systems currently
 using ozone or predicted to install
 ozone to inactivate microbial pathogens
would have significant difficulty
maintaining bromate levels at or below
0.005 mg/L. In the Information
Collection Rule survey of systems
serving greater than 100,000 people, all
of the ozone plants had annual average

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                                                                    49591
bromate concentrations below the 0.010
mg/L level (USEPA 2003o). However,
approximately 20% of these ozone
plants did not meet the 0.005 mg/L
level. Using the assumption that
systems operate their plants using a
safety margin of 20% below the MCL,
about 30% of ozone plants did not
reliably attain this level (0.004 mg/L).
During the Information Collection Rule,
for the first half of 1998, much of the
U.S. was wetter than normal (NOAA
1998). This hydrogeological condition
often leads to lower than normal
bromide concentrations due to dilution
by higher water flows. In the second
half of 1998, California continued to
experience El Nino rains (40% of
Information Collection Rule ozone
plants were located in California) but
many other areas of the country such as
Texas and Florida experienced a
drought. The percentage of ozone
systems unable to achieve 0.005 mg/L
bromate would likely increase during
years in which bromide concentrations
in California were elevated as
consequence of drought.
  The ability of systems to use ozone to
meet Cryptosporidium treatment
requirements proposed under  the
LT2ESWTR would be diminished if the
bromate MCL was decreased from 0.010
to 0.005 mg/L. The proposed
LT2ESWTR will require a subset of
systems, based on source water
pathogen levels, to provide from 1.0 to
2.5 logs of additional treatment for
Cryptosporidium, Ozone doses required
to inactivate Cryptosporidium are
substantially greater than those required
for Giardia and viruses. To assess the
potential impact of a lower bromate
MCL on the ability of systems  to treat
for Cryptosporidium, the TWG
estimated the percentage of treatment
plants that could use ozone to inactivate
from 0.5 to 2.5 log of Cryptosporidium
without exceeding a bromate MCL of
either 0.005 or 0.010 mg/L (USEPA
2003i). These estimations were based on
analyses of Information Collection Rule
source  water quality data, coupled with
projected ozone dose requirements for
Cryptosporidium. This analysis suggests
that 88% of systems could use ozone to
achieve 1 log of Cryptosporidium
inactivation and 47% could inactivate 2
log while complying with a bromate
MCL of 0.010 mg/L. With the bromate
MCL reduced to 0.005 mg/L, though,
these estimates drop to 67% of systems
able to  inactivate 1 log of
Cryptosporidium with ozone and only
14% able to inactivate 2 log. The
number of plants predicted to be able to
treat for Cryptosporidium with ozone
and meet a 0.005 mg/L standard was
further reduced when periods of higher
bromide levels, similar to drought
conditions, were modeled. This trend is
further exacerbated since the proposed
LT2ESWTR would require more
stringent ozone operating conditions
(such as higher ozone doses and longer
contact times) than under current
surface water treatment requirements for
the subset of plants with higher
Cryptosporidium concentrations in their
source water and would thus result in
higher bromate formation than assumed
by the TWG. Thus, as systems are
required to meet more stringent
inactivation requirements, a large
number of systems would be forced to
select treatment processes other than
ozone if the bromate standard were
lowered to 0.005 mg/L.
  The Stage 2 M-DBP Advisory
Committee considered that reducing the
bromate MCL to 0.005 mg/L could both
increase the concentration of other DBFs
in the drinking water and interfere with
the efficacy of microbial pathogen
inactivation. Therefore, the Advisory
Committee recommended, for purposes
of the Stage 2 DBPR, that the bromate
MCL remain at 0.010 mg/L. EPA will
review the bromate MCL as part of the
ongoing 6-year review process and
determine whether the MCL should
remain at 0.010 mg/L or be reduced to
a lower concentration based on new
information.
  Today, EPA is proposing to leave the
bromate MCL at 0.010 mg/L, consistent
with the Advisory Committee's
recommendation. EPA believes that this
is a prudent step at this time, in order
to preserve microbial protection. EPA
will continue to analyze any new
bromate health effects data as they
become available. It is possible that EPA
may determine that the bromate MCL
should be  decreased to 0.005 mg/L or
lower in a future rulemaking.
  b. Bromate in hypochlorite solutions.
The Stage  2 M-DBP Advisory
Committee also discussed the issue of
hypochlorite solutions contaminated
with bromate. This contamination can
occur during the production of
hypochlorite solutions from natural salt
deposits. The range of bromate
concentrations in hypochlorite stock
solutions varies widely (Bolyard et a].
1992; Chlorine Institute 1999, 2000).
Moreover, the bromate contained in the
stock solution is diluted upon addition
to the drinking water. From data on
Information Collection Rule ozone
systems that used hypochlorite versus
those that used gaseous chlorine, the
TWG estimated that hypochlorite
solutions contributed an average of
0.001 mg/L bromate.
  The Advisory Committee discussed
these results and, since the bromate
level resulting from hypochlorite
solutions was small compared to the
MCL, did not recommend regulating
bromate at systems not using ozone
(non-ozone systems). The Advisory
Committee recognized that ozone
systems also using hypochlorite will
have to be careful about the quality of
their stock solution.
  c. Criterion for reduced bromate
monitoring. Because more sensitive
bromate methods are now available,
EPA is proposing a new criterion for
reduced bromate monitoring. In the
Stage 1 DBPR, EPA required ozone
systems to demonstrate that source
water bromide levels, as a running
annual average, did not exceed 0.05 mg/
L. EPA elected to use bromide as a
surrogate for bromate in determining
eligibility for reduced monitoring
because the available analytical method
for bromate was not sensitive enough to
quantify levels well below the bromate
MCL of 0.010 mg/L.
  In section V.O., EPA is proposing
several new analytical methods for
bromate that are far more sensitive than
the existing method. Since these
methods can measure bromate to levels
of 0.001 mg/L or lower, EPA is
proposing to replace the criterion for
reduced bromate monitoring (source
water bromide running annual average
not to exceed 0.05 mg/L) with a bromate
running annual average not to exceed
0.0025 mg/L.
  In the past, EPA has often set the
criterion for reduced monitoring
eligibility at 50% of the MCL, which
would be 0.005 mg/L. However, as
discussed before, EPA is proposing that
the MCL for bromate remain at 0.010
mg/L, a level that is higher than EPA's
usual excess cancer risk range of 10(-4)
to 10(-6) at 2xlO(-4) because of risk
tradeoff considerations. EPA believes
that the decision for reduced monitoring
is separate from these risk tradeoff
considerations. Risk tradeoff
considerations influence the selection of
the MCL, while reduced monitoring
requirements are designed to ensure that
the MCL, once established, is reliably
and consistently achieved. Requiring a
running annual average of 0.0025 mg/L
for the reduced monitoring criterion
allows greater confidence that the
system is achieving the MCL and thus
ensuring public health protection.
3. Request for Comment
  EPA requests comment on the
decision to maintain the Stage 1 DBPR
bromate BAT and MCL of 0.010 mg/L.
EPA also requests comment on the
decision not to require bromate

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Federal Register/Vol. 68, No. 159/Monday, August  18,  2003/Proposed Rules
 monitoring at non-ozone systems that
 use hypochlorite.
   EPA requests comment on whether
 the criterion for reduced bromate
 monitoring should be set at a level other
 than 0.0025 mg/L, and a rationale for
 setting it at that level.

 H. Initial Distribution System
 Evaluation (IDSE)
   The IDSE is an important part of
 today's proposed regulation that is
 intended to identify sample locations
 for Stage 2B compliance monitoring that
 represent distribution system sites with
 high DBF concentrations.

 I. What is EPA  Proposing Today?
   EPA is proposing a requirement for
 systems to perform an Initial
 Distribution System Evaluation (IDSE).
 Systems will  collect data on DBP levels
 throughout their distribution system,
 evaluate these data to determine which
 sampling locations are most
 representative of high DBP levels and
 compile this information into a report
 for submission to the primacy agency,
   a. Applicability. All community water
 systems, and  large nontransient
 noncommunity water systems (those
 serving at least  10,000 people) that add
 a primary or residual disinfectant other
 than ultraviolet light, or that deliver
 water that has been treated with a
 primary or residual disinfectant other
 than ultraviolet light (i.e., consecutive
 systems) are required to conduct an
 IDSE under the  proposed rule. The IDSE
 requirement for systems serving fewer
 than 500 people may be waived if the
 State determines that the monitoring
 site approved for Stage 1 DBPR
 compliance is sufficient to represent
 both high HAA5 and high TTHM
 concentrations.  The State must submit
 criteria for this waiver determination to
 EPA as part of their primacy
 application. States may decide to waive
 the IDSE requirement for all systems
 serving fewer than 500 or some subset
 of all systems serving fewer than 500 if
 the State determines that it is
 appropriate. EPA is developing an IDSE
 Guidance Manual that will  include
guidance to States on situations for
which a waiver would be appropriate
 (USEPA 2003J).
  b. Data collection. IDSEs  are intended
to help identify  and select Stage 2B
compliance monitoring sites that
represent high concentrations of TTHMs
and HAAS. To be able to identify these
                      sites, systems and States must have
                      monitoring data collected from
                      throughout their distribution systems.
                      Therefore, under today's proposed rule,
                      systems are required to collect
                      monitoring data on the concentrations
                      of these DBFs. There are three possible
                      approaches by which a system can meet
                      the IDSE requirement.
                       i. Standard monitoring program. The
                      standard monitoring program requires
                      one year of monitoring on a specified
                      schedule throughout the distribution
                      system. The frequency and number of
                      samples required under the standard
                      monitoring program is determined by
                      source water type, number of treatment
                      plants, and system size (see section VJ.
                      for a more detailed discussion of the
                      specific monitoring requirements). Prior
                      to commencing the standard monitoring
                      program, systems must prepare a
                      monitoring plan. EPA's IDSE Guidance
                      Manual will provide guidance on
                      selecting monitoring sites and
                      conducting the standard  monitoring
                      program (USEPA 2003J).  As
                      recommended by the Advisory
                      Committee, EPA is proposing that the
                      standard monitoring program results are
                      not to be used for determining
                      compliance with MCLs and that systems
                      will not be required to report IDSE
                      results in the Consumer Confidence
                      Report.
                       ii. System specific study. Under this
                      approach, systems may choose to
                      perform a system-specific study based
                      on earlier monitoring studies or other
                      data analysis in lieu of the standard
                      monitoring program. These studies must
                      provide equivalent or better information
                      than the standard monitoring program
                      for selecting sites that represent high
                      TTHM and HAA5 levels. Examples of
                      alternative studies are: (1) Recent TTHM
                      and HAAS monitoring data that
                      encompass a wide range of sample sites
                      representative of the distribution
                      system,  including those judged to
                      represent high TTHM and HAAS
                      concentrations and (2) hydraulic
                      modeling studies that simulate water
                      movement in the distribution system.
                      Historical TTHM and HAAS results
                      submitted by systems must have been
                      generated by certified laboratories and
                      must include the system's most recent
                      data. Treatment plant and distribution
                      system characteristics at the time of
                     historical data collection must reflect
                     the current plant operations and
                      distribution system. EPA's IDSE
Guidance Manual will include a
guidance for system-specific studies and
how to determine whether site-specific
data could be sufficient to meet the
IDSE requirements (USEPA  2003J).
  iii. 40/30 certification. Under this
approach, systems certify to their
primacy agency that all required Stage
1 DBPR compliance samples were
properly collected and analyzed during
the two years prior to the start of the
IDSE, and all individual compliance
samples were < 0.040 mg/L for TTHM
and <0.030 mg/L for HAA5.  Properly
collected and analyzed compliance
samples are those taken at required
locations at times specified in the
system's Stage 1 DBPR monitoring  plan
and analyzed by certified laboratories.
Systems not required to collect Stage 1
DBPR compliance samples can not
utilize the 40/30 certification approach
because they do not have data to
determine sampling locations that
represent high concentrations of TTHMs
and HAAS. Systems that qualify for
reduced monitoring for the Stage 1
DBPR during the two years prior to the
start of the IDSE, may use results of both
routine and reduced Stage 1 DBPR
monitoring to prepare the 40/30
certification. Large ground water
systems may not have two years of
HAA5 data to evaluate due to the timing
of the Stage 1 DBPR and the  IDSE
requirements. EPA is proposing that, if
two years worth of HAAS data are not
available, large ground water systems
evaluate the most recent two years of
TTHM data including data collected in
accordance with the 1979 TTHM rule
and all available HAA5 compliance data
collected up to nine months  following
promulgation of this rule when making
the 40/30 certification. Similarly, small
wholesale and consecutive systems
required to submit their IDSE report no
later than two years after publication of
the final rule will evaluate al! available
Stage 1 DBPR compliance data collected
up to nine months following
promulgation.
  c. Implementation. All systems
subject to the IDSE requirement under
the proposed rule (except those
receiving a very small system waiver
from the State) must submit a report to
the primacy agency. The requirements
for the report depend upon the IDSE
data collection alternative that the
system selects and are listed  in Table V-
2.

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                                                                                  49593
                                    TABLE V-2.—IDSE REPORT REQUIREMENTS
   IDSE data collection
       alternative
                                 IDSE report requirements
Standard Monitoring Pro-
 gram.
System Specific Study
W/30 Certification
All standard monitoring program TTHM and HAA5 analytical results, the original monitoring plan, and an expla-
nation of any deviations from that plan.
A schematic of the distribution system.
Recommendations and justification for where and during what month(s) Stage 2B monitoring should be con-
ducted.
All studies, reports, analytical results and modeling.
A schematic of the distribution system.
Recommendations and justification for where and during what month(s) Stage 2B monitoring should be con-
ducted
A certification that all required compliance samples were properly collected and analyzed during the two years
prior to the start of the IDSE and  all individual compliance samples were < 0.040 mg/L for TTHM and <0.030
mg/L for HAAS.
Results of compliance samples taken after the IDSE was scheduled to begin and before the IDSE report was
submitted.
Recommendations for where and during what month(s) Stage 2B monitoring should be conducted.
  All IDSE reports must include
ecommendations for the location and
schedule for the Stage 2B monitoring.
rhe number of sampling locations and
he criteria for their selection are
described in §141.605 of today's
proposed rule, and in section V.I.
jenerally, a system must recommend
ocations with the highest LRAAs unless
t provides a rationale (such as ensuring
'eographical coverage of the
distribution system instead of clustering
ill sites in a particular section of the
distribution system) for selecting other
ocations. Systems must consider both
:heir compliance data and IDSE data in
naking this determination. In addition
o specifying a protocol for identifying
•ecommended monitoring sites in the
Tile language, EPA will provide
.uidance for recommending compliance
nonitoring sites (including rationales
or systems to recommend sites that do
lot have the highest LRAA
:oncentrations) and preparing the IDSE
report. EPA will also provide a process
o address IDSE implementation issues
iuring the period prior to State primacy.
\t the time that systems serving fewer
han 10,000 people conduct their
nonitoring or analyze their site-specific
iata, many States may have primacy.
  The compliance schedules for the
USE and other requirements of the
proposed rule are described in detail in
ection V.J. Systems serving at least
10,000 people (and those smaller
wholesale and consecutive systems
issociated with larger systems) will be
ollecting data for their IDSE prior to
State primacy. EPA intends to have an
DSE Guidance Manual available to
issist systems in performing the IDSE
USEPA 2003J). Primacy agencies will
specify requirements for systems that do
lot submit an IDSE report, or that have
lot, in the determination of the primacy
igency, conducted an adequate IDSE, in
            addition to giving the system a
            monitoring and reporting violation.
            These requirements may include
            repeating the IDSE while conducting
            compliance monitoring at Stage 1
            monitoring sites or conducting Stage 2
            compliance monitoring at sites selected
            by the State.
              Consecutive systems are subject to the
            IDSE requirements of today's proposed
            rule. IDSE requirements for consecutive
            systems are largely the same as for other
            systems, but with two differences. First,
            the schedule for completion of the IDSE
            by a consecutive system is dependent
            upon the population of the wholesale
            system. If a consecutive system serving
            fewer than  10,000 buys water from a
            system that serves 10,000 or more
            people, then this consecutive system
            must comply within the same schedule
            as that for systems > 10,000. Conversely,
            if a wholesale system serves < 10,000
            but sells water to a consecutive system
            serving > 10,000, then both the
            wholesale system and the consecutive
            system must complete the IDSE within
            the same schedule as that for systems >
            10,000. The second difference for
            consecutive systems is that the
            procedure for recommending Stage 2B
            compliance monitoring locations is
            modified for consecutive systems
            purchasing or receiving all of their
            finished water from a wholesale system.
            These modified procedures are
            described in §141.605 of today's
            proposed rule, and in section V.I.

            2. How Was This Pr oposa! Developed?
              The IDSE was recommended by the
            Stage 2 M-DBP Advisory Committee.
            The Advisory Committee believed that
            maintaining Stage 1 DBPR sampling
            sites for the Stage 2 DBPR would not
            accomplish the objective of providing
            consistent and equitable protection
            across the distribution system.
  a. Applicability. The M-DBP
Advisory Committee recommended that
an IDSE be performed on all community
systems to help to identify the locations
in the distribution system that represent
high DBF concentrations. EPA believes
that large nontransient noncommunity
water systems (those serving at least
10,000 people) also have distribution
systems that require further evaluation
to determine the most representative
locations of high DBF levels. Therefore,
large nontransient noncommunity
systems and all community systems are
required to perform an IDSE under
today's proposal.
  States may waive the IDSE
requirement for those very small
systems (systems that serve fewer than
500 people) that monitor for Stage 1
DBPR compliance at the maximum
residence time site if the State
determines their maximum residence
time Stage 1 compliance monitoring site
is likely to capture both the high TTHM
and high HAAS levels within  the
distribution system. The Advisory
Committee recommended this waiver be
included because many very small
systems have small distribution systems
and the high TTHM and high HAA5 site
is at the same location. The Advisory
Committee also recognized that not all
very small systems have a single
monitoring site that would represent
both high TTHM and high HAAS levels
(e.g., some rural systems with  large
distribution systems) and thus did not
recommend a blanket IDSE waiver for
all very small systems.
  b. Data collection. The data  collection
requirements of the IDSE are designed
to find both high TTHM and high HAAS
sites (see section V.I. for IDSE
monitoring site locations). The IDSE is
intended as a one-time requirement.
High TTHM and HAA5 concentrations
often occur at different locations in the

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  49594
Federal Register/Vol. 68, No. 159/Monday, August 18, 2003 / Proposed Rules
  distribution system. The Stage 1 DBPR
  monitoring sites identified as the
  maximum location are selected
  according to residence time. Because
  HAAs can degrade in the distribution
  system in the absence of sufficient
  disinfectant residual (Baribeau et al.
  2000), residence time alone is not an
  ideal criterion for identifying high
  HAAS sites. The Information Collection
  Rule data show that of the four
  monitoring locations sampled per
  system, the one identified as the
  maximum residence time location was
  often not the location where the highest
  DBF levels were found. In fact, over 60
  percent of the highest HAAS LRAAs and
  50 percent of the highest TTHM LRAAs
  were found at sampling locations in the
  system other than the maximum
  residence time location (see section IV).
  Thus the method and assumptions used
  to select the Information Collection Rule
  monitoring sites, and the Stage 1 DBPR
  compliance monitoring sites, are not
  sufficiently reliable to select Stage 2
  DBPR compliance monitoring sites that
 will capture high DBF levels.
   This data analysis reveals that a
 reevaluation of monitoring sites is
 necessary at many systems to capture
 sites with high DBP levels. The
 Advisory Committee recommended
 sample locations (based on distribution
 disinfectant type) at widely distributed
 sites (see section V.I. for details on IDSE
 monitoring requirements). Monitoring at
 additional sites across the distribution
 system increases the chance of finding
 sites with high DBP levels and targets
 both DBFs that degrade, and DBFs that
 form, as residence time increases in the
 distribution system. EPA believes that
 the required number of monitoring
 locations plus Stage 1 monitoring
 results provides an adequate
 recharacterization of DBP levels
 throughout the distribution system, at  a
 reasonable cost. With a
 recharacterization of distribution
 systems that focuses on both high
 TTHM and HAAS occurrence, EPA
 believes that high occurrence sites will
 be better represented in this standard
 monitoring program. Systems will be
 required to take steps to address high
 DBP levels at points that might
 otherwise have gone undetected. EPA
 believes that the decrease in DBP
 exposure anticipated to result from the
 transition from an RAA to an LRAA will
 be augmented by the IDSE.
  The frequency and number of samples
 required for the standard monitoring
program decrease as system size
 (population served) decreases and
 depend on source water type. The
Advisory Committee believed that the
number of samples required for large
                      and medium surface water systems was
                      not necessary for small surface water
                      systems and ground water systems. The
                      majority of small systems have
                      distribution systems with simpler
                      designs than large systems. DBP
                      occurrence in ground water systems is
                      generally lower and less variable than in
                      surface water systems due to lower and
                      less variable precursor levels and much
                      less temperature variation (see section
                      IV).
                       Committee members recognized that
                      some systems have detailed knowledge
                      of their distribution systems by way of
                      hydraulic modeling and/or ongoing
                      widespread monitoring plans (well
                      beyond that required for compliance
                      monitoring) that would provide
                      equivalent or superior monitoring site
                      selection compared to IDSE monitoring.
                     Therefore, the Advisory Committee
                     recommended that such systems be
                     allowed to determine new monitoring
                     sites using system-specific data such as
                     historical monitoring data.
                       Systems that certify to their State that
                     all compliance samples taken in the two
                     years prior to the start of the IDSE were
                     < 0.040 mg/L TTHM and < 0.030 mg/L
                     HAA5 are not required to collect
                     additional DBP monitoring data because
                     the Advisory Committee determined
                     that these systems most likely would
                     not have high peak DBP levels. EPA
                     determined that this provision  needed
                     to be more specific for three groups of
                     systems: (1) Those performing Stage 1
                     DBPR reduced monitoring, (2) large
                     ground water systems, and (3) small
                     systems required to conduct an early
                     IDSE. Today's proposal clarifies that
                     these systems may use a 40/30
                     certification. EPA recognizes that these
                     systems may have less compliance data
                     on which to base their 40/30
                     certifications. However, EPA believes
                     that the data that will be available are
                     sufficient to make a determination on
                     the most appropriate Stage 2B
                     monitoring locations.
                       c. Implementation. Systems are
                     required to submit an IDSE report so
                     that primacy agencies may review the
                     system's IDSE data collection efforts and
                     the Stage 2B monitoring locations
                     recommended by the system. Systems
                     serving at least 10,000 must submit their
                     IDSE report two years after rule
                     promulgation (which may be prior to
                    primacy for some States). The M-DBP
                    Advisory Committee recommended an
                    implementation schedule that would
                    allow systems sufficient time to make
                    site-specific risk determinations and
                    decisions regarding the simultaneous
                    implementation of the Stage 2 DBPR
                    and LT2ESWTR but not stretch out the
                    compliance time frame too far into the
  future. This provision requires that
  medium and large systems conduct and
  complete site-specific risk
  determinations (i.e., the IDSE and
  LT2ESWTR Cryptosporidium
  monitoring) as soon as possible after
  rule promulgation. Since small systems
  cannot begin their microbial monitoring
  until after the results from the large
  system microbial monitoring have been
  analyzed, small systems have a longer
  compliance time frame.
   Systems that submit a 40/30
  certification are required to  submit that
  certification as part of the IDSE report
  and to include a recommended Stage 2B
  monitoring plan. The monitoring plan is
  required for these systems because the
  Stage 2B MCL compliance monitoring
  sites proposed today have
  fundamentally different objectives than
  the Stage 1 DBPR monitoring sites.
  Additionally, many systems are
  required to have more Stage 2
  compliance monitoring sites than Stage
  1 sites because high HAAS site may be
  different than high TTHM sites.

 3. Request for Comment
   EPA requests comments on the IDSE
 requirement and whether it is a good
 tool to identify sites representative of
 high TTHM and high HAA5  levels.
   a. Applicability. EPA requests
 comment on requiring large (serving
 10,000 or more people) nontransient
 noncommunity water systems to
 perform an IDSE. Should NTNCWSs
 serving fewer than 10,000 people be
 required to conduct an IDSE? EPA also
 requests comment upon whether States
 should be able to waive IDSE
 requirements for very small systems
 (serving fewer than 500 people). Are
 there objective criteria that the State
 should use in waiving the requirement?
 Should the State be allowed to grant
 very small system waivers based on
 some other criterion other than serving
 a population <500? For example, should
 the State be allowed to choose a higher
 population cutoff? Should the State be
 allowed to use a non-population
 criterion such as simplicity of
 distribution system to grant a very small
 system waiver? If so, what should this
 criterion be and how should
 qualification be demonstrated?
  b. Data collection. EPA requests
 comment on the requirements for each
 of the alternatives for data collection
 under the proposed IDSE including: the
 standard monitoring program, the
 system-specific study, and the 40/30
 certification. EPA requests comment on
whether systems with less than two
years of routine monitoring data should
be considered to have sufficient data to
utilize the 40/30 certification.

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                Federal  Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed  Rules
                                                                    49595
Specifically EPA requests comment on
whether systems on reduced
monitoring, large ground water systems,
and small systems required to conduct
an IDSE within the first two years after
promulgation should be prohibited from
submitting a 40/30 certification.
  c. Implementation. EPA requests
comment on the requirement that large
and medium systems must collect data
and prepare their IDSE report prior to
State primacy. EPA requests comment
From the States regarding whether they
intend to be involved in the
consultations with systems  collecting
data for IDSE or in the review of IDSE
reports that are submitted prior to State
arimacy. EPA is developing a plan to
.mplement the IDSE during the period
prior to State primacy. EPA requests
:omment on any issues that should be
addressed during this period to facilitate
:he IDSE.
r.. Monitoring Requirements and
Compliance Determination for Stage 2A
ind Stage 2B TTHM and HAAS MCls
1. What Is EPA Proposing Today?
  Today's proposal includes new
-equirements for how systems must
nonitor TTHM and HAAS levels in
:heir distribution systems and how
systems must assess their monitoring
•esults to determine compliance with
ITHM and HAA5 MCLs. The new
nonitoring requirements are associated
,vith the IDSE (described in section V.H)
md Stage 2B of the proposed rule. The
lew compliance determination
•equirements relate to use of the
ocational running annual average
LRAA) for meeting proposed Stage 2A
md Stage 2B MCLs for TTHM and
iAAS (described in section V.D). This
section presents  these proposed
nonitoring and compliance
letermination requirements for Stage
>A, the IDSE, and Stage 2B.
 An important aspect of the proposed
PTHM and HAA5 monitoring
'equirements is the use of two different
ipproaches for determining  the number
)f samples a system is required to
;ollect. One approach is plant-based.
Jnder the plant-based approach, a
iystem's TTHM and HAAS sampling
•equirements are determined by the
lumber of treatment plants in the
lystem and, in the case of consecutive
ystems, the number of consecutive
;ystem entry points. The second
ipproach is population-based. Under
he population-based approach, a
;ystem's sampling requirements are
nfiuenced by the number of people
erved, but not by the number of
reatment plants. EPA is proposing
topulation-based sampling
 requirements only for IDSE and Stage
 2B monitoring by consecutive systems
 that purchase all of their finished water
 year-round. However, EPA is requesting
 comment on applying a population-
 based approach to all systems for the
 IDSE and Stage 2B compliance. The
 discussion of monitoring requirements
 in this section provides details on these
 two approaches.
  A number of factors affect DBP
 formation, including the type and
 amount of disinfectant used, water
 temperature, pH, amount and type of
 precursor material in the water, and the
 length of time that water remains in the
 treatment and distribution systems. For
 this reason, and because DBF levels can
 be highly variable throughout the
 distribution system (as discussed in
 section IV), today's proposal requires
 systems to collect IDSE and Stage 2B
 samples at specific locations in the
 distribution system and in accordance
 with a sampling schedule. For purposes
 of determining the number of required
 samples, EPA intends to maintain the
 provision in the Stage 1 DBPR
 (§ 141.132(a)(2)J that multiple wells
 drawing raw water from a single aquifer
 may, with State approval, be considered
 one plant, and prior approvals will
 remain in force unless withdrawn.
  a. Stage 2A. For Stage 2A of the
 proposed rule, compliance will be based
 on the compliance sampling sites and
 frequency established under the existing
 Stage 1 DBPR. Systems must continue to
 monitor for TTHM and HAAS using a
 plant-based approach, as required under
 40 CFR 141.132. Using these monitoring
 results, systems must continue to
 demonstrate compliance with Stage 1
 MCLs of 0.080 mg/L for TTHM and
 0.060 mg/L for HAA5, based on a
 running annual average (see 40 CFR
 141.133). In addition, systems must
 comply with the Stage 2A MCLs of
 0.120 mg/L for TTHM and 0.100 mg/L
 for HAAS, based on the LRAA at each
 Stage 1 DBPR monitoring location. Stage
 1 DBPR provisions for systems to reduce
the frequency of TTHM and HAAS
monitoring will  still apply.
  Stage 2A will primarily affect surface
water systems serving at least 10,000
people or systems with multiple plants,
because these systems are required to
monitor at more than one location in the
distribution system. Most other systems
take compliance samples at only one
location under Stage 1 and in these
cases, the calculated LRAA will be
equal to the calculated RAA.
  b. IDSE. IDSE monitoring
requirements are designed to identify
locations  within the distribution system
with high TTHM and HAAS levels,
which will serve as Stage 2B monitoring
 sites. The following discussion provides
 details on the IDSE standard monitoring
 program. Section V.H identifies other
 approaches by which systems can meet
 IDSE requirements of the rule.
   For IDSE monitoring, subpart H
 systems serving at least 10,000 people
 must collect samples approximately
 every 60 days at eight distribution
 system sites per plant (these are in
 addition to Stage 1 DBPR compliance
 monitoring sites). The distribution
 system residual disinfectant type
 determines the location of the eight
 sites, as  shown in Table V-3.
   Subpart H systems serving fewer than
 10,000 people and all ground water
 systems  must collect IDSE samples at
 two distribution system sites per plant
 (at sites that are in addition to the  Stage
 1 DBPR compliance monitoring sites) as
 shown in Table V-3. Subpart H systems
 serving 500-9,999 people and ground
 water systems serving at least 10,000
 people must sample quarterly
 (approximately every 90 days); subpart
 H systems serving fewer than 500
 people and ground water systems
 serving fewer than 10,000 people must
 sample semi-annually (approximately
 every 180 days).
  EPA is also proposing IDSE
 monitoring requirements for
 consecutive systems. For consecutive
 systems that both purchase finished
 water and treat source water to produce
 finished water, IDSE requirements are
 the same as for non-consecutive systems
 with the same population and source
 water type (see Table V-3}. For these
 consecutive systems, each consecutive
 system entry point (defined in section
 V.C) is counted as one treatment plant
 for purposes of determining sampling
 requirements. However, the State may
 allow a system to consider multiple
 consecutive system entry points to be
 considered a single point.
  As noted previously, for consecutive
 systems that purchase all of their
 finished water year-round, EPA is
 proposing a population-based
 monitoring approach (see Table V-4)
 instead of a plant-based approach.
 Under the population-based approach,
 monitoring requirements are not
 influenced by the number of
 consecutive system entry points, but are
based solely on the population served
 and the type of source water used. EPA
believes the population-based approach
is equitable and will provide
representative DBP concentrations
throughout  distribution systems.

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 49596
Federal  Register/VoI. 68, No.  159/Monday,  August  18,  2003/Proposed Rules
                             TABLE V-3.—PROPOSED IDSE MONITORING REQUIREMENTS
System type and population
served
Subpart H >10,000 	
Subpart H 500-9,999 or Ground
Water >10,000.
Subpart Any H <500 or Ground
Water <10,000.
Consecutive Systems 	

Distribution system disinfectant
type






Number
of moni-
toring
periods
26
26
34
24
Distribution system sample locations per plant per moni-
toring period 1
Total
8
8
2
2
Near
entry
point
2
1
0
0
Average
residence
time
2
2
0
0
High
TTHM
locations
2
3
1
1
High
HAAS
locations
2
2
1
1
—Consecutive systems that purchase 100% of their finished water
year-round — see Table V.4.
—Consecutive systems that also treat source water to produce finished
water— plant-based monitoring at same location and frequency as a
non-consecutive system with the same population and source water.
   1 Samples must be taken at locations other than the existing Stage 1 DBPR monitoring locations. Dual sample sets (i.e., a TTHM and an HAAS
 sample) must be taken at each site. Sampling locations should be distributed throughout the distribution system.
   2 Approximately every 60 days.
   3 Approximately every 90 days.
   4 Approximately every 180 days.

  TABLE V-4.  POPULATION-BASED MONITORING FREQUENCIES AND LOCATIONS UNDER IDSE FOR CONSECUTIVE SYSTEMS
                              THAT PURCHASE  100% OF FINISHED WATER YEAR-ROUND
Source water type
Subpart H 	
Ground Water 	

Population size category
0-499 	
500-4,999 	
5,000-9,999 	
10,000-24,999 	
25,000-49,999 	
50,000-99,999 	
100,000-499,999 	
500,000-1,499,000 	
1,500,000-4,999,999 	
£5,000,000 	
0-499 	
500-9,999 	
10,000-99,999 	
100,000-499,999 	
£500,000 	
Monitoring periods and
frequency
Two 2 every 180 days) ...
Four (every 90 days) 	

Two (every 180 days) 	

Distribution system sample locations 1
Total
2
2
4
B
12
16
24
32
40
48
2
2
6
8
12
Near
entry
points 2



1
2
3
4
6
B
10

1
1
2
Average
residence
time


1
2
3
4
6
8
10
12

1
1
2
High
TTHM
locations
1
1
2
3
4
5
8
10
12
14
1
1
2
3
4
High
HAAS
locations
1
1
1
2
3
4
6
8
10
12
1
1
2
3
4
  1 Samples must be taken at locations other than the existing Stage 1 DBPR monitoring locations. Dual sample sets (i.e., a TTHM and an HAAS
sample) must be taken at each site. Sampling locations should be distributed throughout the distribution system.
  2 If the number of entry  points to the distribution system is less than the specified number of sampling locations, additional samples must be
taken equally at high TTHM and HAA5 locations. If there is an odd extra location number, a sample at a high TTHM location must be taken If
the number of entry points to the distribution system is more than the specified number of sampling locations, samples must be taken at entry
points to the distribution system having the highest water flows.
  As a part of the monitoring schedule,
all systems conducting IDSE monitoring
must collect samples during the peak
historical month for TTHM levels or
water temperature. EPA will provide
guidance to assist systems in choosing
IDSE monitoring locations, including
criteria for selecting high TTHM and
HAAS monitoring locations.
  c. Stage 2B. For those systems
required to conduct an IDSE, Stage 2B
monitoring sites are based on the
system's IDSE results and Stage 1 DBPR
compliance monitoring results. For
those systems not required to conduct
                     an IDSE, Stage 2B monitoring locations
                     are based on the system's Stage 1 DBPR
                     compliance monitoring results and an
                     evaluation of the distribution system
                     characteristics to identify additional
                     monitoring locations, if required.
                       Consistent with the Advisory
                     Committee recommendations, the
                     monitoring frequency for Stage 2B is
                     structured so that systems that monitor
                     quarterly under the Stage 1 DBPR will
                     continue to monitor quarterly. In
                     addition, the monitoring schedule must
                     include the month with the highest
                     historical DBF concentrations.
  Many systems on reduced monitoring
under the Stage 1 DBPR will conduct
Stage 2B compliance monitoring at
different or additional locations than
those used for Stage 1 compliance
monitoring. Such systems must conduct
routine monitoring for at least one year
before being eligible for reduced
monitoring under Stage 2B. Those
systems that monitor at the same
locations under both the Stage 1 DBPR
and Stage 2B DBPR and have qualified
for reduced monitoring under Stage 1
may remain on reduced monitoring at
the beginning of Stage 2B.

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                Federal Register/Vol. 68, No.  159/Monday,  August 18, 2003/Proposed  Rules
                                                                      49597
  EPA is proposing to require all
systems to develop and maintain a DBF
monitoring plan that must include the
following information: monitoring
locations, monitoring dates, compliance
calculation procedures, and copies of
any permits, contracts, or other
agreements with third parties to sample,
analyze, report, or perform any other
monitoring requirement. Each system in
a combined distribution system (as
discussed in section V.C) must develop
and maintain its own monitoring plan.
  To comply with the requirement for a
monitoring plan, systems may develop a
new plan or update the monitoring plan
required under the Stage 1 DBPR (see
§ 141.132(0). In either case, the system
must follow the monitoring plan, which
will be based on the IDSE report
submitted to the State, modified by any
changes required by the State.
  Table V-5 summarizes proposed
routine and reduced monitoring
requirements for Stage 2B of today's rule
for non-consecutive systems and for
consecutive systems that also treat
source water. Tables V-6 and V—7
summarize proposed routine and
reduced Stage 2B monitoring
requirements for consecutive systems
that purchase all of their finished water
year-round. The proposed reduced
monitoring requirements are consistent
with the approach taken in the Stage 1
DBPR.
   TABLE V-5.—PROPOSED STAGE 2B ROUTINE AND REDUCED MONITORING REQUIREMENTS FOR NON-CONSECUTIVE
    SYSTEMS AND FOR CONSECUTIVE SYSTEMS THAT ALSO TREAT SOURCE WATER To PRODUCE FINISHED WATER 1
System size and source
water type
Subpart H systems serv-
ing >1 0,000 people.




Subpart H systems serv-
ing 500 to 9,999 peo-
ple.



Subpart H systems serv-
ing <500 people.
Ground water systems
serving £10,000 peo-
ple7.

Ground water systems
serving 500 to 9,999
people7.

Ground water systems
serving <500 people7.


Consecutive systems
that also treat source
water.
Routine monitoring (per
plant)2
Four dual sample sets
per quarter.




Two dual sample sets
per quarter3.




One dual sample set
per year56.
Two dual sample sets
per quarter3.


Two dual sample sets
per year35.


One dual sample set
per year66.


Requirements to qualify for reduced
monitoring
One year of completed routine moni-
toring and all TTHM and HAA5
LRAAs are no more than 0.040
mg/L and 0.030 mg/L, respec-
tively, and TOC running annual
average <4.0 mg/L.
One year of completed routine moni-
toring and all TTHM and HAAS
LRAAs are no more than 0.040
mg/L and 0.030 mg/L, respec-
tively, and TOC running annual
average <4.0 mg/L.
Monitoring may not be reduced 	


One year of completed routine moni-
toring and all TTHM and HAAS
LRAAs are no more than 0.040
mg/L and 0.030 mg/L, respectively.
One year of completed routine moni-
toring and all TTHM and HAAS
LRAAs are no more than 0.040
mg/L and 0.030 mg/L, respectively.
One year of completed routine moni-
toring and all TTHM and HAAS
LRAAs are no more than 0.040
mg/L and 0.030 mg/L, respectively.
Reduced monitoring
(per plant)
Two dual sample sets
per quarter.




Two dual sample sets
per year".




NA 	


Two dual sample sets
per year4.


Two dual samples every
third year4.


Two dual samples every
third year4.


Trigger for returning to
routine monitoring
TOC >4.0 mg/L as an
RAA, or TTHM LRAA
>0.040 mg/L or HAAS
LRAA >0.030 mg/L.


TOC >4.0 mg/L as an
RAA, or Single Sam-
ple of TTHM >0.060
mg/L or HAAS >0.045
mg/L.5

NA.

Single Sample of TTHM
>0.060 mg/L or HAAS
>0.045 mg/L.5

Single sample of TTHM
>0.040 mg/L or HAAS
>0.030 mg/L.5

Single sample of TTHM
>0.040 mg/L or HAAS
>0.030mg/L5

System must meet the routine and reduced monitoring requirements of a non-consecutive system with the same pop-
ulation and source water. Monitoring may be reduced to the level required of that non-consecutive system.

  1 Samples must be taken during representative operating conditions. Quarterly samples must be taken approximately every 90 days.
  2 Systems will use the results of their IDSEs and Stage 1 DBPR compliance monitoring to recommend Stage 2B monitoring locations rep-
resentative of high TTHM and HAAS concentrations to the State in their IDSE reports. Systems must monitor at the recommended locations un-
less the State requires other locations.                                             ....     .  J  .        ,.   ., ^ ,
  3 If site and quarter of highest individual TTHM and HAAS measurement are the same, monitoring is only required at one location if State ap-

  4 If site and quarter of highest individual TTHM and HAAS measurement are the same, monitoring is only required at one location.
  5 If any single sample  of TTHM >0.080 mg/L or HAAS >0.060 mg/L, system must go to increased monitoring of quarterly dual samples at each
routine monitoring location and can return to routine monitoring when TTHM <0.060 mg/L and HAAS <0.045 mg/L as LRAAs.
  6 If the site or month of highest TTHM is not the same as the site or month of highest HAAS, the system must monitor for TTHM at the location
of the highest TTHM LRAA during the month of highest TTHM single measurement and for HAAS at the location of the highest HAAS LRAA dur-
ing the month of highest HAAS single measurement.                                               ,           •  _,,_,
  7 Ground water systems are those not under the direct influence of surface water. For the purpose of determining the required number of sam-
ples  multiple wells drawing water from a single aquifer may, with State approval, be considered one treatment plant.
  i. Subpart H systems serving 10,000 or
more people.
  Routine monitoring: Systems must
take four dual sample sets (i.e., a TTHM
and an HAAS sample must be taken at
each sampling site) per treatment plant
per quarter. Systems must monitor at
locations recommended  in the IDSE
report, unless the State has required
other locations. Most systems must take
samples at each plant in the system as
follows: One dual sample set at the
existing Stage 1 DBPR average residence
time monitoring location with the
highest TTHM or HAAS LRAA, one
dual sample set at a point representative
of the highest HAAS levels, and two
dual sample sets at points representative
of the highest TTHM levels.
  Systems must schedule monitoring so
that one quarter's monitoring is
conducted during the peak historical
month for high TTHM concentration
and the other quarterly monitoring is

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 49598
Federal Register/Vol.  68, No.  159/Monday, August 18, 2003/Proposed Rules
 conducted approximately every 90 days
 on a predetermined schedule included
 in the system's monitoring plan.
   Reduced monitoring: Only systems
 with source water TOG <4.0 mg/L as an
 RAA that have completed at least one
 year of routine monitoring may qualify
 for reduced monitoring (see Table V-5).
 Systems that have a TTHM LRAA
 <0.040 mg/L and an HAAS LRAA
 <0.030 mg/L at all sites, in addition to
 a source water TOG RAA <, 4.0 mg/L,
 may reduce the monitoring frequency
 for TTHM and HAAS to two dual
 sample sets (one each at sites
 representative of the highest HAAS and
 TTHM LRAAs) per treatment plant per
 quarter. Systems on a reduced
 monitoring schedule may remain on
 that reduced schedule as long as the
 LRAA of all samples taken in the year
 is no more  than 0.040 mg/L for TTHM
 and 0.030 mg/L for HAAS or if source
 water TOG exceeds 4.0 mg/L as an RAA.
 Systems must revert to routine
 monitoring in the quarter immediately
 following any quarter in which the
 LRAA for any monitoring location
 exceeds 0.040 mg/L for TTHM or 0.030
 mg/L for HAAS. Additionally, the State
 may return a system to routine
 monitoring at the State's discretion.
   Compliance determination: A PWS is
 in compliance with Stage 2B when the
 TTHM and HAAS LRAAs for each
 sample location, computed quarterly,
 are less than or equal to the Stage 2B
 MCLs of 0.080 mg/L and 0.060 mg/L,
 respectively. Otherwise, the  system is
 out of compliance.
  ii. Subpart H systems serving 500 to
 9,999 people. Routine monitoring;
 Systems must monitor quarterly for each
 treatment plant by taking two dual
 sample sets, one each at sites
 representative of high HAAS levels and
 high TTHM levels (as recommended in
 the IDSE report). However, if the State
 determines that the sites representative
 of the high TTHM and HAAS levels are
 at the same location, the State may
 determine that the system is only
 required to  monitor at one site per
 treatment plant.
  Systems must conduct quarterly
 monitoring  during the peak historical
 month for TTHM with quarterly
 samples taken approximately every 90
 days on a predetermined schedule
 specified in the system's monitoring
plan. All  samples must be taken as duai
sample sets (j'.e., a TTHM and an HAAS
sample must be taken at each site).
  Reduced monitoring: To qualify for
reduced monitoring, systems must meet
certain prerequisites (see Table V-5).
Systems eligible for reduced monitoring
may reduce the monitoring frequency
from quarterly to annually. Samples
                     must be taken during the month(s) of
                     peak historical TTHM and HAAS levels
                     at the same locations specified under
                     routine monitoring. Systems that have
                     their highest TTHM and HAAS levels in
                     the same month must take dual sample
                     sets at both the high TTHM and high
                     HAAS sites. If the high months for
                     TTHM and HAAS are not the same, the
                     system must take dual sample sets in
                     both the high TTHM and high HAA5
                     months. Systems on a reduced
                     monitoring schedule may remain on
                     that reduced schedule as long as the
                     annual sample taken at each location is
                     no more than 0.060 mg/L for TTHM and
                     0.045  mg/L for HAAS or if source water
                     TOG exceeds 4.0 mg/L as an RAA.
                     Systems that do not meet these levels
                     must revert to routine monitoring in the
                     quarter immediately following the
                     quarter in which the system exceeded
                     0.060  mg/L for TTHM or 0.045 mg/L for
                     HAAS. Additionally, the State may
                     return a system to routine monitoring at
                     the State's discretion.
                       Compliance determination: A PWS is
                     in compliance with Stage 2B when the
                     LRAAs of each sample location,
                     computed quarterly,  are less than or
                     equal  to the MCLs. Otherwise, the
                     system is out of compliance. If the
                     annual sample taken under reduced
                     monitoring exceeds the MCL, the system
                     must resume quarterly monitoring but is
                     not immediately in violation of the
                     MCL.  The system is out of compliance
                     if the LRAA of the quarterly sample for
                     the  past four quarter exceeds the MCL.
                       iii. Subpart H systems serving fewer
                     than 500 people. Routine monitoring:
                     Systems are required to sample annually
                     for each treatment plant at the location
                     with high TTHM and HAAS values
                     during the month of peak historical
                     TTHM levels. The system must take one
                     dual sample set at the site representative
                     of the  high HAAS and TTHM levels (at
                     the  Stage 1 DBPR monitoring site or as
                     recommended in the IDSE report),
                     unless the State determines that the
                     highest TTHM site and the highest
                     HAAS site are not at the same location
                     or are  not during the same quarter. If the
                     State determines that the highest TTHM
                     and highest HAAS do not occur in the
                     same location, the system is required to
                     take two samples, an HAAS sample at
                     the site representative of the high HAAS
                     levels  and a TTHM sample at the site
                     representative the high TTHM levels. If
                     the State determines that the highest
                     TTHM and highest HAAS do not occur
                     in the  same quarter, the systems is
                     required to take one sample in the high
                     TTHM quarter and one sample in the
                     high HAAS quarter. If the annual
                     sample exceeds the MCL for either
                     TTHM or HAAS, the system must
 monitor quarterly at the previously
 determined monitoring locations.
   Reduced monitoring: These systems
 may not reduce monitoring to less
 frequently than annually. Systems on
 increased (quarterly) monitoring may
 return to routine monitoring if the
 LRAAs  of quarterly samples are no more
 than 0.060 mg/L for TTHM and 0.045
 mg/L for HAAS.
   Compliance determination: A PWS is
 in compliance when the annual sample
 (or LRAA of quarterly samples, if
 increased or additional monitoring is
 conducted) is less than or equal to the
 MCL. If the annual sample exceeds the
 MCL, the system must conduct
 increased (quarterly) monitoring but is
 not immediately in violation of the
 MCL. The system is out of compliance
 if the LRAA of the quarterly samples for
 the past four quarters exceeds the MCL.
  iv. Ground water systems serving
 10,000 or more people. Routine
 monitoring: Systems are required to
 monitor quarterly for each treatment
 plant in the system by  taking two dual
 sample sets, one each at sites
 representative of high HAAS levels and
 high TTHM levels (as recommended in
 the IDSE report). However, if the State
 determines that the sites representative
 of the high TTHM and HAAS levels are
 the same, the State may determine that
 the system only has to  monitor at one
 site per  treatment plant. One quarterly
 sample must be taken during the peak
 historical month for TTHM, with
 subsequent quarterly samples taken
 approximately every 90 days.
  Reduced monitoring: To qualify for
 reduced monitoring, systems must meet
 certain requirements (see Table V-5).
 Systems eligible for reduced monitoring
 may reduce the monitoring frequency
 from quarterly to annually. Samples
 must be taken during the month(s) of
 peak historical TTHM and HAAS levels
 at the same locations specified under
 routine monitoring. Systems that have
 their highest TTHM and HAAS levels in
 the same quarter must take dual sample
 sets at both the high TTHM and high
 HAAS sites. If the quarter for high
 TTHM and high HAAS are not the same,
 the system must take dual sample sets
 in both the high TTHM and high HAAS
 quarters. Systems on a reduced
 monitoring schedule may remain on
 that reduced schedule as long as the
 annual sample taken at each location is
 no more than 0.060 mg/L for TTHM and
 0.045  mg/L for HAAS. Systems that do
 not meet these levels must revert to
routine monitoring in the quarter
 immediately following the quarter in
which the system exceeded 0.060 mg/L
for TTHM or 0.045 mg/L for HAAS.
Additionally, the State may return a

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                Federal  Register/Vol. 68, No.  159/Monday, August 18, 2003 / Proposed Rules
                                                                    49599
system to routine monitoring at the
State's discretion.
  Compliance determination: A PWS is
in compliance with Stage 2B when the
locational running annual average of
sach sample location, computed
quarterly, is less than or equal to the
MCL. Otherwise, the system is out of
;ompliance. If the annual sample
xceeds the MCL, the system must
conduct increased (quarterly)
monitoring but is not immediately in
violation of the MCL. The system is out
jf compliance if the LRAA of the
quarterly sample for the past four
quarter exceeds the MCL.
  v. Ground water systems serving
:ewer than 10,000 people. Routine
nonitoring: Systems serving 500 to
3,999 people are required to take two
lual sample sets annually, one each at
sites representative of high HAAS levels
uid high TTHM levels (as
•ecommended in the IDSE report).
However, if the State determines that
he sites representative of the high
CTHM and HAAS levels are the same,
he State may allow the system to
nonitor at only one site per treatment
:>lant. If the State makes a determination
hat high TTHM and high HAAS occur
n different quarters, the system must
nonitor accordingly. If the annual
;ample exceeds the MCL for either
PTHM or HAAS, the system must
nonitor quarterly at the previously
letermined monitoring locations.
  Systems serving fewer than 500
jeople are required to take one dual
;ample set at the site representative of
>oth high HAAS and TTHM levels,
mless the State determines that the
ligh TTHM site and the high HAAS site
 are not at the same location. If the State
 makes this determination, the system is
 required to take samples at two
 locations, an HAAS sample at the site
 representative of the high HAAS levels
 and a TTHM sample at the site
 representative of the high TTHM levels.
 If the State makes a determination that
 high TTHM and high HAAS occur in
 different quarters, the system must
 monitor accordingly. If the annual
 sample exceeds the MCL for either
 TTHM or HAAS, the system must -
 monitor quarterly at the previously
 determined monitoring locations.
  Reduced monitoring: To qualify for
 reduced monitoring, systems must meet
 certain prerequisites (see Table V-5).
 Systems eligible for reduced monitoring
 may reduce the monitoring frequency
 for TTHM and HAAS to every third
 year. Systems are required to take two
 water samples, at sites representative of
 high HAAS and TTHM levels (as
 discussed under routine monitoring)
 during the month of peak TTHM levels.
 Systems on a reduced monitoring
 schedule may remain on that reduced
 schedule as long as the sample taken
 every third year is no more than 0.040
 mg/L for TTHM and 0.030 mg/L for
 HAAS. Systems that do not meet these
 levels must resume routine annual
 monitoring until their annual average is
 no more than 0.040 mg/L for TTHM and
 0.030 mg/L for HAAS.
  Compliance determination: A PWS is
 in compliance when the annual sample
 (or LRAA of quarterly samples, if
increased or additional monitoring is
conducted) is less than or eqxial to the
MCL. If the annual sample exceeds the
MCL, the system must conduct
increased (quarterly) monitoring but is
not immediately in violation of the
MCL. The system is out of compliance
if the LRAA of the quarterly samples for
the past four quarters exceeds the MCL.
  vi. Consecutive systems. Routine
monitoring: Monitoring requirements
are determined by whether the
consecutive system purchases all of its
finished water year-round or also treats
source water, along with the population
served and  source water type of the
wholesale system (unless the
consecutive system also has a surface
water or ground water under the direct
influence of surface water {GWUDI}
source and  the wholesale system is only
ground water, in which case the
consecutive system is classified as  a
subpart H system). Section V.C. of
today's document provides a more
detailed discussion of consecutive
system issues.
  As noted  earlier, for consecutive
systems that purchase all their finished
water year-round, EPA is proposing
population-based monitoring. The
proposed number of monitoring
locations is based on the source water
type of the wholesale system  and
consecutive system population.
Proposed Stage 2B compliance
monitoring  requirements for
consecutive systems that purchase  all
their finished water are contained in
Table V—6. Consecutive systems that
also treat source water to produce
finished water must monitor at the  same
locations and same frequency as a non-
consecutive system with the wholesale
system's source water type and the
consecutive system's population.
  TABLE V-6.—PROPOSED POPULATION-BASED ROUTINE MONITORING ROUTINE FREQUENCIES AND LOCATIONS UNDER
         STAGE 2B FOR CONSECUTIVE SYSTEMS THAT PURCHASE ALL THEIR FINISHED WATER YEAR-ROUND
Source water type



Population size category
0-499 	
500-4,999 	
5,000-9,999 	
10,000-24,999 	
25,000-49,999 	
50,000-99,999 	
100,000-499,999 	
500,000-1,499,000 	
1,500,000-4,999,999 	
£5 000000 	
0-499 	
500-9,999 	
10,000-99,999 	
100,000-499,999 	
>500.000 	
Monitoring
frequency 1














oer Quarter 	
Distribution system sample location 2
Total
24
24
2
4
6
8
12
16
20
24
24
2
4
6
8
Highest
TTHM
locations
1
1
1
2
3
4
6
8
10
12
1
1
2
3
4
Highest
HAAS
locations
1
1
1
1
2
2
3
4
5
6
1
1
1
2
2
Existing
stage 1
compliance
locations 3



1
1
2
3
4
5
6

1
1
2
 1 All systems must take at least one dual sample set during month of highest DBP concentrations. Systems on quarterly monitoring must take
ual sample sets approximately every 90 days.

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 49600
Federal Register/Vol. 68. No. 159/Monday, August 18, 2003/Proposed Rules
             raS6d .°n S^tem F^^SSS"? L^8*"6 2B mooring locations in IDSE report to the State, unless State requires different or
         l locations. Locations should be distributed through distribution system to the extent possible                           um«»i« w
   a Alternate between highest HAAS LRAA and highest TTHM LRM locations among the existing Stage 1 compliance locations. If the number of
 WqhertnfflJuwSl   I'06  fSf ?DSEer        specified number for Stage 2B, alternate between highest HAAS LRAA locations and
   "System is required to take individual TTHM and HAAS samples at the locations with the highest TTHM and HAAS concentrations, respec-
 tively. Only one location with a dual sample set per monrtonng period is needed if highest TTHM and HAAS concentrations occur at the same
 lOCdtion.
   Reduced monitoring: Consecutive
 systems can qualify for reduced
 monitoring if the LRAA at each location
 is £0.040 mg/L for TTHM and <0.030
 mg/L for HAAS based on at least one
 year of monitoring at Stage 2B locations.
                      Consecutive systems that purchase all of
                      their finished water year-round may
                      reduce their monitoring as specified in
                      Table V-7. Consecutive systems that
                      also treat source water to produce
                      finished must conduct reduced
 monitoring at the same locations and
 same frequency as a non-consecutive
 system with the wholesale system's
 source water type and the consecutive
 system's population.
       TABLE V-7.—REDUCED MONITORING FREQUENCY FOR CONSECUTIVE SYSTEMS THAT BUY ALL THEIR WATER
      Population served
                                    Reduced monitoring frequency and location
                                                   Subpart H systems
                          Monitoring may not be reduced.
 500 to 4,999 	  1 TTHM and 1 HAAS sample per year at different locations or during different quarters if the highest TTHM and
                            HAAS occurred at different locations or different quarters or 1 dual sample per year if the highest TTHM and
                            HAA5 occurred at the same location and quarter.
 5,000 to 9,999	  2 dual sample sets per year; one at the location with the highest TTHM single measurement during the quarter
                            that the highest single TTHM measurement occurred, one at the location with the highest HAAS single meas-
                            urement during the quarter that the highest single HAAS measurement occurred.
 10,000 to 24,999 	  2 dual sample sets per quarter at the locations with the highest TTHM and highest HAAS LRAAs
       t0 ™ ;55 	  2 dua' Sample sets per quarter at the locations w'th the h'9hest TTHM and highest HAAS LRAAs.
          ?nJ?S 	  4 dual samP|e sets Per quarter * the locations with the two highest TTHM and two highest HAAS LRAAs
          7 ?£   	  4 ^ua} samP|e sets P& quarter at the locations with the two highest TTHM and two highest HAAS LRAAs
         . "7 n^^L	  6 dual sample sets per quarter at the locations with the three highest TTHM and three highest HAAS LRAAs
   K n™™ 4'999'999	  6 dual samP|e sets Per quarter at tfie locations with the three highest TTHM and three highest HAAS LRAAs
 >=5,000,000 	e dual sample sets per quarter at the locations with the four highest TTHM and four highest HAAS LRAAs.

                	         	              Ground water systems

 <50° 	  1  T™1^ and  1 HAA5 sample every third year at different locations or during different  quarters if the highest
                            TTHM and HAAS occurred at different locations or different quarters or 1  dual sample every  third year if the
                            highest TTHM and HAAS occurred at the same location and quarter.
 500 to 9,999 	  1  TTHM and 1 HAA5 sample every year at different locations or during different quarters If the highest TTHM and
                            HAAS occurred  at different locations or different quarters or 1 dual sample every year if the highest TTHM and
                            HAAS occurred  at the same location and quarter.
 10,000 to 99,000 	  2  dual sample sets per year; one at the location with the highest TTHM single  measurement during the quarter
                            that the  highest single TTHM measurement occurred and one at the location with the highest HAAS single
                            measurement during the quarter that the highest single HAA5 measurement occurred
  ? =nn J£1'499'999 	  2  dual samP|e sets Per quarter; at the locations with the highest TTHM and highest HAAS LRAAs
 £1,500,000  	  4  dual sample sets per quarter; at the locations with the two highest TTHM and two highest HAAS LRAAs.
  Systems may remain on reduced
monitoring as long as the TTHM LRAA
£0.040 mg/L and the HAAS LRAA
<0.030 mg/L at each monitoring location
for systems with quarterly reduced
monitoring. If the LRAA at any location
exceeds either 0.040 mg/L for TTHM or
0.030 mg/L for HAAS or if the source
water annual average TOC level, before
any treatment, exceeds 4.0 mg/L at any
of the system's treatment plants treating
surface water or ground water under the
direct influence of surface water, the
system must resume routine monitoring.
For systems with annual or less frequent
reduced monitoring, systems may
remain on reduced monitoring as long
as each TTHM sample <0.060 mg/L and
each HAAS sample 
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                 Federal Register/Vol.  68,  No. 159/Monday, August 18, 2003/Proposed Rules
                                                                     49601
presents the basis for these
requirements.
  a. Sampling intervals for quarterly
monitoring. Today's proposal requires
systems conducting routine quarterly
monitoring to sample approximately
every 90 days. This provision modifies
the approach used in the 1979 TTHM
rule and the Stage 1 DBPR, which
requires certain systems to conduct
monitoring based on calendar quarters.
  When systems are required to monitor
based on calendar quarters, systems can
choose to cluster samples during times
of the year when DBF levels are lower
(DBFs tend to form more slowly in
colder water temperatures). For
example, a system could  sample in
December (at the end of the fourth
quarter) and again in January (at the
beginning of the first quarter) when the
water is the coldest and sample in April
(at the beginning of the second quarter)
and September (at the end of the third
quarter) at either end of the hot summer
months.
  To address the concern with systems
not sampling during months with the
highest DBF levels, EPA is proposing to
require systems to monitor during the
month of highest historical DBF
concentrations and require that systems
monitor approximately every 90 days.
EPA believes that this new monitoring
trategy will improve public health
protection because systems will be
•equired to monitor when high DBF
evels are expected, and the LRAA will
setter reflect actual exposure during  the
/ear.
  b. Reduced monitoring frequency.
Foday's proposal contains provisions
illowing reduced routine monitoring
Afhen certain criteria are fulfilled
shown in Table V-5 and  V-7). EPA
jelieves that more stringent standards
ire necessary to ensure public health
srotection when systems reduce the
requency of their DBF monitoring.
Jnder the reduced monitoring
>rovisions, systems must collect
lamples during the months of highest
DBF occurrence. For systems sampling
innually under the reduced monitoring
>rovisions, EPA believes that public
lealth protection would likely be
insured throughout the year if the high
ralues are known to be below 0.060 mg/
. for TTHM and 0.045 mg/L for HAAS.
iystems monitoring every three years
nust maintain single samples under
.040 mg/L for TTHM and 0.030 mg/L
or HAAS to ensure adequate public
lealth protection over the course of the
tiree years.
 c. Different IDSE sampling locations
y disinfectant type. Today's proposal
ontains different requirements  for IDSE
lonitoring locations based on the
  disinfectant residual used in the
  distribution system. Systems that use
  chloramines are required to select more
  near-entry point monitoring sites for the
  IDSE than chlorinated systems of
  similar size and source water type. This
  is due to differences in DBF formation
  under chloraminated and chlorinated
  conditions. Chloramine residuals are
  more stable than chlorine residuals and
  do not react as readily with organic
  compounds in the water. Based on
  evaluation of Information Collection
  Rule data, DBF concentrations in
  chloraminated systems vary less
  throughout the distribution system than
  in chlorinated  systems. HAAS, in
  particular, can peak at or near the entry
 point to the distribution system in a
  chloraminated system  (USEPA 2003o).
   d. Population-based monitoring
 requirements for certain consecutive
 systems. While the Advisory Committee
 recommended basic principles for how
 consecutive systems should be
 regulated, it did not recommend how
 EPA should explicitly address  some of
 the unique situations that pertain to
 consecutive systems. In this regard,
 consecutive systems that purchase all of
 their finished water year-round are
 different than other systems in that they
 do not have a treatment plant. Rather,
 these systems often receive water from
 multiple wholesale systems or through
 multiple consecutive system entry
 points on a seasonal or intermittent
 basis. Because a plant-based monitoring
 approach (which counts treated water
 distribution system entry points from
 different entities as plants) would be
 very difficult to implement  for
 consecutive systems that purchase all of
 their finished water year-round, EPA is
 proposing a population-based approach
 for such systems.
   Under a population-based approach,
 the frequency of monitoring is based on
 the population served and remains the
 same regardless of how many entities
 are providing water to the consecutive
 system at different times of the  year.
 The  population categories and
 associated monitoring frequencies in
 Tables V-4 and V-6 for IDSE and Stage
 2B routine monitoring reflect EPA's
 consideration that distribution system
 complexity generally increases as the
 population served grows. Increasing
 distribution  system complexity warrants
 more monitoring to represent DBF
 occurrence.
  EPA developed the proposed
 population-based monitoring
requirements in accordance  with certain
guidelines. These are stated  as follows:
—The sampling frequency for surface
  water systems should be greater than
   for ground water systems. The basis
   for this is that, in general, systems
   using surface water or mixed source
   water supplies are likely to
   experience higher and more variable
   DBP occurrence over time than
   systems using ground water
   exclusively.
 —Smaller systems should be allowed to
   monitor less frequently per location
   than larger systems because their
   distribution systems are generally less
   complex and monitoring costs on a
   per capita basis are much higher.
 —For systems using surface water, the
   ratio of IDSE sample locations to the
   number of routine sample locations
   required for Stage 2B should be
   approximately 2:1 (consistent with
   Advisory Committee
   recommendations for plant-based
   monitoring).  IDSE sampling is
   intended to identify distribution
   system locations with high DBP levels
   and should, therefore, be more
   thorough than routine monitoring.
 —Because ground water systems have
   much less variable DBP levels within
   the distribution system than surface
   water systems (see section IV), a
   smaller number of additional IDSE
   monitoring locations is warranted.
 —Distribution system sampling
   locations should be approximately
   consistent with the proposed plant-
   based approach as recommended by
   the Advisory Committee. This will
   capture the locations with the high
   TTHM and HAAS LRAAs identified
   in the IDSE, but also include Stage 1
   compliance locations with high
   TTHM and HAAS for historical
   tracking.
   Consistent with the first two
 guidelines, the proposed population-
 based monitoring requirements
 maintain the same monitoring frequency
 per sample location as proposed under
 the plant-based approach. The following
 subsection provides further discussion
 of the population-based approach as it
 might apply to all systems.
 3. Request For Comment
  EPA is requesting comments on the
 proposed monitoring requirements. This
 subsection begins with a list of specific
 questions related to the proposed
 requirements for IDSE and Stage 2B
 monitoring. This is followed by a
 discussion of issues associated with
 plant-based monitoring requirements
 and a request for comment on potential
 approaches to address these issues,
including the extension of population-
based monitoring requirements to all
systems  under the Stage 2 DBPR.
  a. Proposed IDSE and Stage 2B
monitoring requirements. EPA is

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 49602
Federal Register/Vol. 68, No. 159/Monday, August  18,  2003/Proposed  Rules
 requesting comment on a number of
 specific aspects of the proposed
 monitoring requirements.
 —Should EPA require all systems that
   are on reduced monitoring to revert to
   routine monitoring during the IDSE
   monitoring period to allow for more
   data to be evaluated in the IDSE
   report to better select Stage 2B
   monitoring locations? Or should EPA
   require a  system to be on routine
   monitoring during the IDSE
   monitoring period in order to be
   eligible for an IDSE waiver? What
   limitations, if any, should EPA put on
   system eligibility for an IDSE waiver?
 —Should EPA require different IDSE
   monitoring locations for subpart H
   systems based on the residual
   disinfectant (chlorine or chloramines)
   in light of the possible difficulties for
   implementation and data
   management? Should EPA specify
   monitoring locations in the rule
   language for samples intended to
   represent  exposure for people in high-
   rise buildings? Should monitoring
   location selection be addressed in
   guidance? Where should these
   locations be so that they are truly
   representative of the levels of DBFs in
   water actually being consumed in
   these kinds of structures?
—Is a population-based monitoring
   approach  (instead of a plant-based
   monitoring approach) for consecutive
   systems that purchase all of their
   finished water year-round appropriate
   and, if so,  is the population-based
   approach proposed today adequate?
   EPA solicits comment on the
significance  of monitoring and
implementation issues such as common
aquifer determinations, consecutive
system entry point determinations,
seasonal  plants, and monitoring
inequities, and whether the proposed
monitoring requirements should be
modified, EPA also solicits comment on
modifying the proposed monitoring
requirements to address these issues, in
                      part, with provisions such as the
                      following;
                      —Should EPA set a limit on the
                       maximum number of IDSE and
                       routine monitoring samples that could
                       be required? Should this limit be
                       different for systems using ground
                       water or surface water or mixed
                       systems? For different system size
                       categories? What rationale should be
                       used to specify maximum sample
                       numbers?
                     —Should a provision be included that
                       would allow States to reduce the
                       sampling frequency, beyond those
                       currently proposed (i.e., common
                       aquifer determinations and low DBF
                       levels)? If so, should specific criteria
                       for systems to qualify for State
                       approval of reduced monitoring be
                       specified in the rule?
                     —What, if any, criteria should be set by
                       which systems with very large
                       distribution systems but few plants
                       would be required to conduct
                       additional IDSE or routine
                       monitoring, beyond that currently
                       proposed?
                     —For subpart H mixed systems, should
                       States be given discretion to reduce
                       routine compliance monitoring
                       samples intended to represent ground
                       water sources, since such sources
                       typically have lower precursor levels
                       and produce lower DBF
                       concentrations?
                     —Should EPA allow or require systems
                       to reallocate plant-based IDSE
                       monitoring locations from small
                       plants to large plants? From plants
                       with better water quality (based on
                       expected lower DBF formation) to
                       poorer water quality? What criteria
                       should be used?
                       b. Plant-based vs. population-based
                     monitoring requirements. The proposed
                     monitoring requirements incorporate a
                     plant-based approach for all systems
                     other than consecutive systems that
                     purchase all of their finished  water year-
                     round. The plant-based approach was
                     adopted from the 1979 TTHM Rule and
 the Stage 1 DBPR and derives from the
 assumption that as systems increase in
 size, they will tend to have more plants
 (with different sources and treatment)
 and increased complexity. This
 warrants increased monitoring to
 represent DBF occurrence in the
 distribution system.
   EPA has identified a number of issues
 related to the use of a plant-based
 monitoring approach under the Stage 2
 DBPR. The following discussion
 presents these issues and solicits
 comment on approaches to address
 them, including the use of population-
 based monitoring requirements.
   i. Issues with plant-based monitoring
 requirements. One issue with a plant-
 based monitoring approach is that it can
 result in disproportionate monitoring
 requirements for systems serving the
 same number of people. This occurs
 because the required number of
 sampling sites increases with the
 number of plants that feed disinfected
 water into a distribution system.
 Consequently, some systems, depending
 upon their size, the number of treatment
 plants, and the nature of their
 distribution system, will be required to
 collect relatively large or small numbers
 of TTHM and HAAS samples relative to
 their population served.
  Table V-8 reflects EPA estimates of
 the number of plants per system by
 system size category for systems using
 ground water and subpart H systems.
 Subpart H systems include systems that
 use ground water as a source because
 under the proposal, ground water plants
 in subpart H systems are treated as
 surface water plants for purposes of
 determining monitoring requirements.
 While the proposed plant-based
 requirements distinguish sampling
 requirements by three systems sizes
 (<500 people, 500-9999 people, and
 10,000 or more people), Table V-8
 includes  additional size categories to
reflect the potential inequities in
sampling requirements among different-
sized systems.
         TABLE V-8.-—NUMBER OF TREATMENT PLANTS PER SYSTEM (BASED ON DATA FROM 1995 CWSS (1))
Source water type
Subpart H 	
Ground Water 	

Population served
0-499 	
500-4,999 	
5,000-9,999 	
10,000-24,999 	
25,000-49,999 	
50,000-99,999 	
100,000-499,999 ...
£500,000 	
0-499 	
500-9.999 	
No. of sys-
tems in
database
124
146
64
59
46
76
51
23
181
332
No, of treatment plants per system
10th
percentile
1
1
1
1
1
1
1
2
1
1
Median
1
1
1
1
1
2
2
4
1
1
Mean
1.4
1.3
1.7
2.0
2.2
3.4
3.0
5.8
1.4
1 ft
90th
percentile
2
2
3
3
4
6
5
10
3
95th
percentile
3
3
4
4
6
12
10
13
4
Maximum
5
6
6
18
9
34
21
56
11

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                Federal Register/Vol.  68,  No. 159/Monday, August 18, 2003/Proposed Rules
                                                                     49603
   TABLE V-8.— NUMBER OF TREATMENT PLANTS PER SYSTEM (BASED ON DATA FROM 1995 CWSS (1))—Continued
Source water type

Population served
10,000-99,999 	
£100,000 	
No. of sys-
tems in
database
128
21
No. of treatment plants per system
10th
percentile
1
1
Median
4
3
Mean
4.2
9.9
90th
percentile
9
31
95th
percentile
11
32
Maximum
18
33
  (1) Results from analysis of 1995 CWSS data (Question Q18). The analysis uses a statistical bootstrapping approach to generate the number
of plants per system. Details of this analysis are described in the 2002 revisions to the Model Systems Report [to be published]. The maximums
reflect the maximum number of plants per system among the respondents to the 1995 CWSS. Since the 1995 CWSS database only reflects a
fraction of all the systems in the respective size categories, some systems are likely to have a higher number of plants per system than the
maximums listed in this table.
  Noteworthy in Table V-8 are the wide
ranges of number of plants per system
in the various size categories for both
ground water and surface water systems
and, consequently, the wide range of
potential monitoring implications. Since
the number of treatment plants directly
influences the number of samples
required, systems serving the same
number of people may have more than
a 10-fold difference in required
sampling, depending on the numbers of
plants in their systems. For example,
Table V-8 indicates that for ground
water systems serving at least 10,000
people, at least 10% of the systems had
only one treatment plant, while 10%
(90th percentile) had  10 or more
treatment plants.
  While Table V-8 does not take into
account factors that may reduce
monitoring requirements, such as
common aquifer determinations, EPA
believes these data indicate that DBF
sampling requirements based on the
number of water treatment plants per
system may be excessive for many
systems. This is particularly the case for
those  systems with many ground water
plants, since their DBF levels are often
low and relatively stable.
  Conversely, for other systems, such as
large surface water systems with one
plant, plant-based monitoring
requirements may not require enough
samples to fairly represent DBF
occurrence in the distribution system.
For example, under the plant-based
approach, a system with only one plant
serving 100,000—499,000 people would
have the same sampling requirements as
a system with one plant serving 11,000
people. The larger of these two systems
is likely to have much more pipe length
and other complex factors influencing
DBF formation (such as number of
storage tanks or booster chlorination
points in the distribution system). Also,
systems with multiple plants must take
the same number of samples per plant,
even if one plant provides a much
higher percentage of the water than
another.
  Another issue with plant-based
monitoring requirements is when plants
or consecutive system entry points are
operated seasonally or intermittently. A
monitoring location that represents a
plant or entry point during a monitoring
period when it is in operation will not
be representative when that plant or
entry point it is not in operation.
  A third issue is requirements for
consecutive systems.  For consecutive
systems that also treat source water to
produce finished water, each
consecutive system entry point is
considered a treatment plant for the
purpose of determining monitoring
requirements, except  when the  State
allows multiple entry points to  be
treated as a single plant (see section V.C.
for further discussion). Each entry point
is treated as a separate plant to
recognize different source waters  and
treatment (resulting in different DBF
levels) from the wholesale system(s) and
the treatment plants(s) operated by the
consecutive system. However, under
this plant-based approach, State
determinations of monitoring
requirements for consecutive systems
will be complicated, especially in large
combined distribution systems  with
many connections between systems.
  ii. Approaches to addressing  issues
with plant-based monitoring. EPA is
requesting comment on two approaches
to address the issues with plant-based
monitoring requirements described in
this subsection. One approach is to keep
the proposed plant-based monitoring
approach and add new provisions to
address specific concerns. Another
approach is to base monitoring
requirements on population served in
lieu of the number of water treatment
plants per system. The following
paragraphs describe each approach.
  EPA could maintain a plant-based
monitoring approach  and try to address
the related issues described in this
subsection through modifying the
proposed monitoring  requirements with
provisions like the following:
—Set a limit on the maximum number
  of IDSE and routine monitoring
  samples that could be required. EPA
  believes that this limit should be
  different for systems using ground
  water or surface water or mixed
  systems and for different system size
  categories. However, the Agency has
  not developed a rationale to specify
  maximum sample numbers for
  specific system categories.
—Include a provision that would allow
  States to reduce the required number
  of samples for reasons other than
  those currently proposed (i.e.,
  common aquifer determinations and
  low DBF levels). EPA would have to
  develop specific criteria in the rule for
  systems to qualify for State approval
  of reduced monitoring. For example,
  in subpart H mixed systems, States
  could be given discretion to  reduce
  routine compliance monitoring for
  ground water sources, since  such
  sources typically have lower DBF
  concentrations.
—Develop criteria by which systems
  with very large distribution systems
  but with few plants would be required
  to conduct additional IDSE or routine
  monitoring in order to better
  characterize DBF exposure throughout
  the distribution system.
  These provisions would allow for
some issues to be addressed, but would
make implementation complex and
could add a significant burden to States.
  An alternative approach to addressing
the issues with plant-based monitoring
requirements is to apply population-
based monitoring requirements to all
systems.  Under a population-based
monitoring approach, the total system
population served and the source water
type would determine the number of
IDSE and routine monitoring samples
taken. Monitoring requirements would
not be based on the number of plants
per system or consecutive system entry
points. States would not be required to
make common aquifer determinations or
address whether plants are combined
into a single pipe prior to entering the
distribution system.
  Proposed population-based
monitoring requirements for

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49604
Federal Register/Vol. 68. No.  159/Monday, August 18,  2003/Proposed Rules
consecutive systems that purchase all
their finished water year-round are
shown in Tables V-4, V-6, and V-7.
Also, the proposed rule language in
subparts U and V contains requirements
for population-based monitoring similar
to what might be required for all
systems. EPA believes that through
using a broader array of system size
                     categories than under the plant-based
                     approach, population-based monitoring
                     could result in an equitable
                     proportioning of DBF sampling
                     requirements. Tables V-9 and V-10
                     •compare the proposed numbers of
                     sampling locations per system under a
                     population-based approach with a
                     plant-based approach, using the median
and mean number of plants per system
given in Table V-8 for each of the size
categories. For surface water systems,
the median provides a better indicator
of the typical number of required
sampling locations under the plant-
based approach because it is much less
sensitive to systems with a very large
number of plants.
TABLE V-9.—COMPARISON OF MONITORING LOCATIONS PER SYSTEM UNDER IDSE FOR PLANT-BASED AND POPULATION-
                                             BASED APPROACHES
Source water type
Subpart H 	
Ground Water 	

Population size category
0-499 ..
500-4,999 	
5,000-9,999 	
10,000-24,999 	
25,000-49,999 	
50,000-99,999 	
100,000-499,999 	
500,000-1,499,000 	
1,500.000-4,999,999 	
£5,000,000 	
0-499 	
500-9,999 	
10,000-99,999 	
100,000-499,999 	
>500,000 	
Number
of sam-
pling
periods
2
4
4
6
6
6
6
6
2
2
4
4
Plant-based
Number of
monitoring lo-
cations per
plant1
2
2
2
8
8
B
8
8
2
2
2
2
Number of monitoring locations per
system
Based on me-
dian number of
plants per
system 2
2
2
2
8
8
16
16
32
2
2
8
6
Based on mean
number of plants
per system 2
3
3
3
16
18
27
24
46
2
4
9
20
Population-based
Number of moni-
toring locations
per system 3
2
2
4
B
12
16
24
32
40
48
2
2
6
8
12
 1 From Table V-5.
 2 Calculated from the number of locations per plant multiplied by number of plants per system (Table V-81
 3 From Table V-4.

 TABLE V-10.—COMPARISON OF ROUTINE MONITORING LOCATIONS PER SYSTEM UNDER STAGE 2B FOR PLANT-BASED
                                     AND POPULATION-BASED APPROACHES
Source water type
Subpart H 	
Ground Water 	

Population size category
0-499 	
500-4,999 	
5,000-9,999 	
10,000-24,999 	
25,000-49,999 	
50,000-99,999 	
100,000-499,999 	
500,000-1,499,000 	
1,500,000-4,999,999 	
S5.000.000 	
0-499 	
500-9,999 	
10,000-99,999 	
100,000-499,999 	
>500,000 	
Frequency
of
monitoring
1
4
4
4
4
4
4
4
1
1
4
4
Plant-based
Number of
monitoring lo-
cations per
plant 1
1
2
2
4
4
4
4
4
1
2
2
2
Number of monitoring locations per
system
Based on me-
dian number of
plants per
system 2
1
2
2
4
4
8
8
16
1
2
8
6
Based on mean
number of plants
per system 2
1
3
3
8
9
14
12
23
1
4
9
20
Population-based
Number of moni-
toring locations
per system 3
2
2
2
4
6
8
12
16
20
24
2
2
. . 4
6
8
 1 From Table V-5.
 2 Calculated from the number of locations per plant multiplied by number of plants per system (Table V-8)
 3 From Table V-6.                                                                  ''

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                Federal  Register/Vol.  68,  No. 159/Monday, August 18, 2003/Proposed Rules
                                                                      49605
 Under the population-based
ipproach, the number of required
sampling locations for systems of
lifferent size and source water type
ipproximates the number of sampling
ocations that would be required for the
najority of systems under the plant-
>ased approach. However, systems in
he tail ends of the distribution of
lumber of plants per system would be
•equired to take more or fewer samplers
ban under the plant-based approach.
CPA used the median number of plants
n a given size category as the primary
lasis for establishing the number of
nonitoring locations for the population-
)ased approach.
 EPA adjusted the number of sampling
ocations for systems in population sizes
15,000 to 49,999, 100,000-499,999, and
Beater than 1,500,000 to provide a more
jven upward trend in proportion to
)opulation increase. Consistent with the
>lant-based approach, ground water
ystems serving 10,000 people or greater
vould be required to sample at
ipproximately Vs to Vz the frequency
equired for surface water systems
mder the population-based approach.
 EPA suggests that the monitoring
requencies for the IDSE and Stage 2B
:ompliance proposed for consecutive
ystems that purchase all of their
inished water year-round (as presented
n Tables V-4 and V-6) are appropriate
or all systems if a population-based
.pproach were used in lieu of a plant-
tased approach in the final rule. EPA
telieves that the population-based
pproach would ensure more equal and
ational monitoring requirements among
ystems serving similar populations
han the plant-based approach does,
vhile providing generally improved
epresentation of DBF occurrence
droughout the distribution system.
luch an approach would simplify
mplementation and reduce
ransactional  costs to States by
acilitating determination of the number
f sampling locations.
 To further evaluate the potential
mplications of monitoring under the
opulation-based approach, EPA has
 prepared an economic analysis
 addressing monitoring impacts using
 the population-based approach
 (Economic Analysis for the Stage 2
 DBPR, EPA 2003i) and guidance on how
 plant-based monitoring requirements
 would be affected if a population-based
 approach were used instead (Draft IDSE
 Guidance Manual, EPA 2003J).
  EPA requests comments on alternative
 DBF monitoring requirements that are
 population-based versus plant-based;
 specifically on the merits of a
 population-based monitoring approach
 for all systems for the purpose of
 addressing the issues raised in this
 section. Specifically:
 —Should alternative system size
  categories be specified under the
  suggested population-based
  approach?
 —What potential issues might be unique
  for a population-based monitoring
  approach and how might they be
  addressed?
 —Should alternative numbers of
  monitoring locations or frequencies be
  required in the IDSE or for Stage 2B
  monitoring?
 —Are reduced monitoring requirements
  adequate to ensure continued
  protection relative to the MCL?
 —What are the transition costs and
  issues associated with moving from a
  plant-based to a population based
  approach and how might they be
  addressed?

/. Compliance Schedules
 1. What is EPA Proposing?
  Today's proposed rule establishes
 compliance deadlines for public water
 systems to implement the requirements
 in this rulemaking. EPA is proposing a
phased strategy for MCLs and
simultaneous compliance with the
LT2ESWTR consistent with the
recommendation of the M-DBP
Advisory Committee and to comply
with SDWA requirements for risk
balancing. Central to the determination
of these deadlines is the principle of
simultaneous compliance between the

  FIGURE V-2. SCHEDULE EXAMPLES
 Stage 2 DBPR and the LT2ESWTR,
 which will ensure continued microbial
 protection as systems implement
 changes to decrease DBF levels and
 minimize risk-risk tradeoffs.
   IDSE schedule. Subpart H and ground
 water systems covered by today's
 proposed rule that serve a population of
 10,000 or more must submit the results
 of their IDSE to the primacy agency two
 years after rule promulgation. In
 addition, wholesale or consecutive
 systems serving fewer than 10,000 that
 are part of a combined distribution
 system with at least one system serving
 >10,000 must meet this same schedule.
 These systems must begin IDSE
 monitoring early enough to collect and
 analyze 12 months of data and prepare
 an IDSE report, which includes
 recommendations for Stage 2B
 monitoring locations (see section V.H).
 Subpart H and ground water systems
 covered by today's proposed rule that
 serve a population of fewer than 10,000
 (except those noted before) must submit
 the results of their IDSE to the primacy
 agency four years after rule
 promulgation. These systems must
 begin IDSE monitoring early enough to
 collect and analyze the data and prepare
 the IDSE report.
   Stage 2A schedule. All systems must
 comply with the Stage 2A MCLs for
 TTHM and HAA5 three years after rule
 promulgation.
   Stage 2B schedule. Systems required
 to submit an IDSE report due two years
 after the rule is promulgated must
 comply with Stage 2B six years after
 rule promulgation. Subpart H systems
 required to submit IDSE reports four
years after rule promulgation and
 required to do Cryptosporidium
monitoring under the LT2ESWTR must
 comply with Stage 2B 8.5 years after
rule promulgation. Small systems not
required to Cryptosporidium monitoring
must be in compliance with Stage 2B
 7.5 years after rule promulgation. Figure
V-2 contains several examples of how
to determine IDSE and Stage 2B
compliance dates.
—Wholesale system (pop. 64,000) with three consecutive systems (pops. 21,000; 15,000; 5,000):
    —IDSE report due for all systems two years after promulgation since wholesale system serves at least 10,000
    —Stage 2B compliance beginning six years after promulgation for all systems
—Wholesale system (pop. 4,000) with three consecutive systems (pops. 21,000; 5,000; 5,000):
    —IDSE report due for all systems two years after promulgation since one consecutive system in combined distribution system serves at
     least 10,000
    —Stage 2B compliance beginning six years after promulgation for all systems
—Wholesale system (pop. 4,000) with three consecutive systems (pops. 8,000; 5,000; 5,000):
    —IDSE report due for all systems four years after promulgation since no system in combined distribution system exceeds 10,000 (even
     though total population exceeds 10,000)
    —Stage 2B compliance beginning 7.5 years after promulgation if no Cryptosporidium monitoring under the LT2ESWTR is required or be-
     ginning 8.5 years after promulgation if Cryptosporidium monitoring under the LT2ESWTR is required

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 49606
Federal Register/Vol.  68, No. 159/Monday, August 18, 2003/Proposed Rules
 2. How Did EPA Develop This Proposal?
   EPA is proposing provisions for
 simultaneous rule compliance with the
 LT2ESWTR to maintain a balance
 between DBF and microbial risks.
 Simultaneous compliance was
 mandated by the 1996 SDWA
 Amendments which require that EPA
 "minimize the overall risk of adverse
 health effects by balancing the risk from
 the contaminant and the risk from other
 contaminants, the concentrations of
 which may be affected by the use of a
 treatment technique or process that
 would be employed to attain the
 maximum contaminant level" (Sec.
   If systems were required to comply
 with the Stage 2 DBPR prior to the
 LT2ESWTR, systems could lower their
 disinfectant dose or switch to a less
 effective disinfectant in an attempt to
 decrease DBF levels. This practice could
 leave segments of the population
 exposed to greater microbial risks.
 Therefore, simultaneous compliance
 was a consensus recommendation of the
 Stage 2 M-DBP Advisory Committee to
 ensure that systems would not
 compromise microbial protection while
 attempting to meet more stringent DBF
 requirements.
   The Advisory Committee supported
 the Initial Distribution System
 Evaluation, as discussed in section V.H,
 and EPA is proposing an IDSE schedule
 consistent with the Advisory
 Committee's recommendations, in
 which systems are required to submit
 their IDSE reports to the State either two
 or to four years following rule
 promulgation. The Advisory Committee
 recommended this to allow enough time
 for the State to review (and revise, if
 necessary) systems' recommendations
 for Stage 2B monitoring locations and to
 allow systems three years after
 completion of the State review to
 comply with Stage 2B MCLs as LRAAs
 at Stage 2B monitoring locations.
  This schedule requires systems
serving >10,000 people and smaller
wholesale and consecutive systems that
are part of a combined distribution
system that includes at least one system
                     serving >10,000 to complete IDSE
                     monitoring and prepare and submit the
                     IDSE report two years after the rule is
                     finalized. This requirement for
                     wholesale systems and consecutive
                     systems serving fewer than 10,000 that
                     are part of a combined distribution
                     system with at least one system serving
                     at least 10,000 to conduct an "early
                     IDSE" allows the wholesale system to be
                     aware of compliance challenges facing
                     the consecutive system and to
                     implement treatment plant capital and
                     operational improvements as necessary
                     to ensure compliance. The Advisory
                     Committee and EPA both recognized
                     that DBFs, once formed, are difficult to
                     remove and are generally best addressed
                     by treatment plant improvements.
                       While this schedule allows for
                     systems to have the three years to
                     comply with Stage 2B following State
                     review of the IDSE report, it begins prior
                     to States being required to obtain
                     primacy to implement the IDSE. States
                     have two years from promulgation to
                     adopt and implement new regulations
                     and may request a two year extension.
                     While EPA is preparing to support
                     implementation of those IDSE
                     requirements that must be completed
                     prior to States achieving primacy,
                     several States have expressed concern
                     about EPA providing guidance and
                     reviewing reports from systems that the
                     State has permitted, inspected, and
                     worked with for a long time. These
                     States believe that their familiarity with
                     the systems enables them to make the
                     best decisions to implement the rule
                     and protect public health.
                       As specific rule requirements were
                     developed and implementation
                     schedules and resource burdens
                     determined, States also expressed
                     concerns about the challenges that early
                     implementation posed. In response to
                     these concerns, EPA has developed
                     several alternatives to the IDSE schedule
                     and provisions that may meet the goals
                     of the IDSE, but allow for greater State
                     involvement, lower implementation
                     burden, and no delay of the public
                     health protection assured by compliance
                     with Stage 2B.
   The first, the "Alternative IDSE"
 option, would delay the schedule for
 each IDSE requirement for two years.
 Since the compliance date, for Stage 2B
 would not be delayed, systems would
 need to implement changes necessary
 for compliance on a much shorter
 schedule.
   The second, the "Concurrent
 Compliance Monitoring" option, would
 eliminate the IDSE but require
 compliance monitoring at an increased
 number of sites during the first year of
 compliance monitoring as a way to
 identify sites with high DBP levels. This
 option would reduce government
 oversight and management and, as with
 other rules, leave compliance
 determinations and preparations to
 individual systems (with guidance
 available from States). In addition to
 compliance monitoring at Stage 1 DBPR
 compliance monitoring sites during the
 first year under Stage 2B, systems would
 also monitor at additional compliance
 monitoring sites equal in number to the
 IDSE requirement and selected using the
 same criteria that systems use to select
 IDSE monitoring sites. Following one
 year of concurrent compliance
 monitoring, the system would select
 routine Stage 2B compliance monitoring
 locations using a protocol similar to the
 one used to recommend Stage 2B
 compliance monitoring locations in the
 IDSE report.
  Neither alternative would extend the
 compliance dates for either Stage 2A or
 Stage 2B. As with the proposed IDSE,
 systems would be eligible for the 40/30
 certification approach if all TTHM and
 HAAS compliance monitoring results in
 the two years prior to the effective date
 were below 0.040 mg/L and 0.030 mg/
 L, respectively. States would be able to
 grant very small system waivers to
 systems serving <500  with a State
 finding that Stage 1 DBPR compliance
 monitoring locations sites are adequate
to represent both high TTHM  and high
HAAS concentrations. Table V-ll
contains a comparison of the proposed
IDSE schedule  and the schedules for the
alternatives.

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                 Federal  Register/Vol.  68, No.  159/Monday,  August 18, 2003/Proposed  Rules
                                                                      49607
                      TABLE V-11.—COMPARISON OF tDSE AND IDSE ALTERNATIVE SCHEDULES
                   [Dates in italics are not in today's proposed rule, but reflect EPA's recommendation and guidance]
             Requirement1
  Today's proposal
  "Alternative IDSE"
       option
 "Concurrent compliance monitoring" option
IDSE start date for systems £10,000	
IDSE start date for systems <10,000	
IDSE report due for systems £10,000 	
IDSE report due for systems <10,000 	
State review of IDSE report complete for sys-
  tems >10,000.
State review of IDSE report complete for sys-
  tems <10,000.
Stage 2B compliance for systems £10,000 	
Stage 2B compliance for systems <10,000 	
0.5 years after
  publication.
2.5 years after
  publication.
2 years after
  publication.
A years after
  publication.
3 years after
  publication.
4.5 years after publi-
  cation.
2.5 years after
  publication
4.5 years after
  publication
4 years after
  publication
6 years after
  publication
5 years after
  publication
6.5 years after publi-
  cation
Requirement is for system to conduct concur-
  rent  compliance  monitoring  (generally
  equal to number of samples required under
  Stage 1 plus number under IDSE} during
  first year of compliance monitoring. Based
  on results in first year, system would iden-
  tify routine compliance monitoring locations
  using a procedure similar to that in IDSE
  report and begin routine monitoring.
6 years after publication 2
 7.5 years after publication if system is not required to- conduct Cryptosporidium monitoring; 8.5
      years after publication if system required to conduct Cryptosporidium monitoring 2
  1 Systems serving £10,000 also include wholesale systems and consecutive systems serving <10,000 that are part of a combined distribution
system in which at least one system serves >10,000.
  2 State may grant up to two additional years for capital improvements necessary to comply.
3. Request for Comments
  EPA requests comments on today's
proposed compliance schedules.
Specifically:
—Should EPA promulgate an alternative
  approach to the IDSE recommended
  in section V.H. that achieves the same
  goal of identifying Stage 2B
  compliance monitoring locations and
  does not delay compliance with Stage
  2B MCLs, but allows for the States to
  receive primacy and be more involved
  in IDSE implementation? Do either
  the "Alternative IDSE" option or the
  "Concurrent Compliance Monitoring"
  option achieve this goal? Does one
  achieve the goal better than the other?
  Why? Are there either changes to
  these alternatives or other alternatives
  not presented that achieve this goal?
—Should EPA allow small consecutive
  systems to meet Stage 2B compliance
  deadlines corresponding to their size
  (and later than the deadlines for their
  wholesale system) provided they
  complete their IDSE on the same
  schedule as the wholesale system and
  provided their water quality does not
  affect the water quality of any other
  system?
K. Public Notice Requirements

1. What is EPA Proposing?
  SDWA section 1414(c) requires PWSs
to provide notice to their customers for
certain violations or in other
circumstances. EPA's public notification
rule was published on May 4, 2000 (65
FR 25982), and is codified at 40 CFR
141.201-141.210 (Subpart Q). Today's
proposal does not alter the existing
TTHM and HAA5 health effects
language that is required in most public
notices under Subpart Q. Because of the
uncertainties in the health data
discussed in section III of today's
document, EPA is not proposing to
include information about reproductive
and developmental health effects in
public notices at this time.

2. Request for Comments
  EPA requests comment on the
proposed public notification
requirements, including whether
information about the possible
reproductive or fetal development
effects that may be associated with high
levels of DBPs should be provided.
L. Variances and Exemptions
  States may grant variances in
accordance with sections 1415(a) and
1415(e) of the SDWA and EPA's
regulations. States may grant
exemptions in accordance with section
1416 of the SDWA and EPA's
regulations.
1. Variances
  The SDWA provides for two types of
variances—general variances and small
system variances. Under section
1415(a)(l)(A) of the SDWA, a State that
has primary enforcement responsibility
(primacy), or EPA as the primacy
agency, may grant general variances
from MCLs to those public water
systems of any size that cannot comply
with the MCLs because of
characteristics of the water sources. A
variance may be issued to a system on
condition that the system install the best
technology, treatment techniques, or
other means that EPA finds available
and based upon an evaluation
satisfactory to the State that indicates
that alternative sources of water are not
                   reasonably available to the system. At
                   the time this type of variance is granted,
                   the State must prescribe a compliance
                   schedule and may require the system to
                   implement additional control measures.
                   Furthermore, before EPA or the State
                   may grant a general variance, it must
                   find that the variance will not result in
                   an unreasonable risk to health to the
                   public served by the public water
                   system. In this proposed rule, EPA is
                   specifying BATs for general variances
                   under section 1415(a] (see section V.F).
                      Section 1415(e) authorizes the
                   primacy agency to issue variances to
                   small public water systems (those
                   serving fewer than 10,000 people) where
                   the primacy agent determines (1) that
                   the system cannot afford to comply with
                   an MCL or treatment technique and (2)
                   that the terms of the variances will
                   ensure adequate protection of human
                   health (63 FR 1943-57; USEPA 1998d).
                   These variances may only be granted
                   where EPA has determined that there is
                   no affordable compliance technology
                   and has  identified a small system
                   variance technology under section
                   1412(b)(15] for the contaminant, system
                   size and source water quality in
                   question. As discussed below, small
                   system variances under section 1415(e)
                   are not available because EPA has
                   determined that affordable compliance
                   technologies are available.
                      The 1996 Amendments to the SDWA
                   identify  three categories of small public
                   water systems that need to be addressed:
                   (1) Those serving a population of 3301-
                   10,000; (2) those serving a population of
                   500-3300; and (3) those serving a
                   population  of 25-499. The SDWA
                   requires EPA to make determinations of
                   available compliance technologies and,

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Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed Rules
if needed, variance technologies for
each size category. A compliance
technology is a technology that is
affordable and that achieves compliance
with the MCL and/or treatment
technique. Compliance technologies can
include point-of-entry or point-of-use
treatment units. Variance technologies
are only specified for those system size/
source water quality combinations for
which there are no listed compliance
technologies.
                         EPA has completed an analysis of the
                       affordability of DBP control
                       technologies for each of the three size
                       categories. Based on this analysis,
                       multiple affordable compliance
                       technologies were found for each of the
                       three system sizes (USEPA 2003i) and
                       therefore variance technologies were not
                       identified for any of the three size
                       categories. The analysis was consistent
                       with the methodology used in the
                       document "National-Level Affordability
                       Criteria Under the 1996 Amendments to
the Safe Drinking Water Act" (USEPA
1998g) and the "Variance Technology
Findings for Contaminants Regulated
Before 1996" (USEPA 1998h}.

2. What Are the Affordable Treatment
Technologies for Small Systems?

  The treatment trains considered and
predicted to be used in EPA's
compliance forecast for  systems serving
under 10,000 people, are listed in Table
V-12.
 TABLE V-12.—TECHNOLOGIES CONSIDERED AND PREDICTED To BE USED IN COMPLIANCE TECHNOLOGY FORECAST FOR
                                                  SMALL SYSTEMS 1
                       SW water plants
                                                                                 GW water plants
  Switching to chloramines as a residual disinfectant	
  Chlorine dioxide (Not for systems serving fewer than 100 people)
  UV 	
  Ozone (not for systems serving fewer than 100 people)  	
  Micro-filtrationlUltra-Filtration2	
  GAC202  	
  GAC20 + Advanced disinfectants	
  Membranes (Micro-Filtration/Ultra-Filtration + NanofHtration)	
                                             Switching to chloramines as a residual disinfectant
                                             UV
                                             Ozone (not for systems serving fewer than 100 people)2
                                             GAC202
                                             Nanofittration 2
  1 Based on exhibits 6.8a and 6.8b in Economic Analysis for the proposed Stage 2 DBPR {USEPA 2003i)
  2 Italicized technologies are those predicted to be used in the compliance forecast.
   The household costs for these
 technologies were compared against the
 national-level affordability criteria to
 determine the affordable treatment
 technologies. The Agency's national-
 level affordability criteria were
 published in the August 6,1998 Federal
 Register (USEPA 1998g). In this
 document, EPA discussed the procedure
 for affordable treatment technology
 determinations for the contaminants
 regulated before 1996.
   The following section provides a
 description of how EPA  derived the
 national-level affordability criteria
 pertinent to this rule. First, EPA
 calculated an "affordability threshold"
 (i.e., the total annual household water
 bill that would be considered
 affordable). The total annual water bill
 includes costs associated with water
 treatment, water distribution, and
 operation of the water system. In
 developing the threshold of 2.5%
 median household income, EPA
 considered the percentage of median
 household income spent by an average
 household on comparable goods and
 services and on cost comparisons with
 other risk reduction activities for
 drinking water such as households
                       purchasing bottled water or a home
                       treatment device. The complete
                       rationale for EPA's selection of 2.5% as
                       the affordability threshold is described
                       in "Variance Technology Findings for
                       Contaminants Regulated Before 1996"
                       (USEPA 1998h).
                         The Variance Technology Findings
                       document also describes the derivation
                       of the baselines for median household
                       income, annual water bills, and annual
                       household consumption. Data from the
                       Community Water System Survey
                       (CWSS) were used to derive the annual
                       water bills and annual water usage
                       values for each of the three small system
                       size categories. The data on zip codes
                       were used with the 1990 Census data on
                       median household income to develop
                       the median household income values
                       for each of the three small-system size
                       categories. The median household-
                       income values used for the affordable
                       technology determinations are not based
                       on the national median income. The
                       value for each size category is a national
                       median income for communities  served
                       by small water systems within that
                       range. Table V-13 presents the baseline
                       values for each of the three small-system
                       size categories. Annual water bills are
 based on 1995 estimates (USEPA 1998h)
 and adjusted upward for anticipated
 costs attributed to new drinking water
 regulations since 1995, i.e., the IESWTR,
 Stage 1 DBPR, Filter Backwash
 Recycling Rule, Arsenic Rule,
 LTlESWTR, Public Notification Rule,
 and Consumer Confidence Rule.1
 Median household income  estimates are
 based on estimates made in 1995
 (USEPA 1998h) and adjusted upward
 for inflation to represent 2000 incomes
 (USEPA 2003i).
   1 EPA is currently receiving input from a National
 Drinking Water Advisory Council (NDWAC). This
 process is expected to conclude in the fall of 2003
 with a report that will be sent by the NDWAC. EPA
 has also received a report from the Science
 Advisory Board's Environmental Economics
 Advisory Committee on its review of the national-
 level affordability criteria (USEPA 2002c). One of
 the charges given to both groups was to evaluate the
 process used by EPA to adjust the baseline water
 bills to account for costs attributable to regulations
 promulgated after 1996. Because the Stage 2 DBPR
 affordability analysis is being conducted before EPA
 can complete a comprehensive reassessment of
 affordability, today's estimate for the increase to the
 average water bill to account for regulations after
 1996 reflects existing Agency affordability criteria
 and methodology. This estimate may change in the
 future.

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                Federal Register/Vol.  68, No. 159/Monday,  August  18, 2003/Proposed  Rules
                                                                    49609
    TABLE V-13—BASELINE VALUES FOR SMALL SYSTEMS CATEGORIES AND AVAILABLE EXPENDITURE MARGIN FOR
                                   AFFORDABLE TECHNOLOGY DETERMINATIONS
System size category (pop. served)
•5-500 	
>01 3,300 	
i 301 10,000 	

Annual HH
consumption
(1000 gallons/
yr)
72
74
77

Median
HH in-
come ($)
35,148
30,893
31,559

2.5% me-
dian HH
tncome(s)
878
772
789

Current annual
water bills
($/yr)
290
230
219

Available ex-
penditure mar-
gin ($/hh/year)
588
542
570

  For each size category, the threshold
 alue was determined by multiplying
 le median household income by 2.5
 jercent. The annual household water
 nils were subtracted from this value to
 btain the available expenditure margin.
 'rejected treatment costs were
 :ompared against the available
 ixpenditure margin to determine if
 lere were affordable compliance
 echnologies for each size category. The
available expenditure margin for the
three size categories is presented in
TableV-13.
  The size categories specified in
SDWA for affordable technology
determinations are different from the
size categories typically used by EPA in
the Economic Analysis. A weighted
average procedure was used to derive
design and average flows for the 25-500
category using design and average flows
from the 25-100 and 101-500
categories. A similar approach was used
to derive design and average flows from
the 501-1000 and 1001-3300 categories
for the 501-3300 category. The Variance
Technology Findings document (USEPA
1998h) describes this procedure in more
detail. Table V-14a lists the design and
average flows for the three size
categories.
     TABLE V-14A.—DESIGN AND AVERAGE DAILY FLOWS USED FOR AFFORDABLE TECHNOLOGY DETERMINATIONS
System size category (population served)
>5-500 	
i01 3300 	
! 301 10000 	

Design flow
(mgd)
0.058
0.50
1.8

Average flow
(mgd)
0.015
0.17
0.70

  Capital and operating and
maintenance costs were derived for each
reatment technology used in the
ompliance forecast for small systems
 sing the flows listed previously and
   cost equations in the Technology
nd Cost Document (USEPA 2003k).
Capital costs were amortized using the
 percent interest rate preferred by
Dffice of Management and Budget
OMB) for benefit-cost analyses of
overnment programs and regulations
ather than a 3 percent interest rate.
  The annual system treatment cost in
 ollars per year was converted into a
ate increase using the average daily
 ow. The annual water consumption
alues listed in Table V-13 were
nultiplied by 1.15 to account for water
ost due to  leaks. Since the water lost to
eaks is not billed, the water bills for the
ctual water used were adjusted to cover
lis lost water by increasing the
ousehold consumption. The rate
ncrease in dollars per thousand gallons
sed was multiplied by the adjusted
nnual consumption to determine the
nnual cost increase for the household
or each treatment technology.
 With very few exceptions, the
ousehold costs for all predicted
ompliance technologies in Table V-12
re below the available expenditure
nargin. The only technology that was
redicted to be used in the compliance
forecast for the Stage 2 DBPR and that
costs slightly more than the available
expenditure margin  is GAC20 (240 day
carbon replacement) with advanced
disinfectants for systems serving 500
people or fewer. As shown in the
Economic Analysis (USEPA 2003i), 13
systems (less than 1  percent) among
systems serving fewer than 500 people
are predicted to use  GAC20 with
advanced disinfection to comply with
the proposed Stage 2 DBPR. However,
alternate affordable technologies are
available. Thus, EPA believes that
compliance by these systems will be
affordable. In some cases, the
compliance data for  these systems under
the Stage 2  DBPR is the same as under
the Stage 1  DBPR (because many
systems serving fewer than 500 people
will have the same single sampling site
under both rules); these systems will
have already installed the necessary
compliance technology to comply with
the Stage l DBPR. It  is also possible that
less costly technologies such as those
for which percentage use caps were set
in the decision tree may actually be
used to achieve compliance (e.g.,
chloramines, UV).
  As shown in Table V-14b, the cost
model (USEPA 2003i) predicts that
households served by very small
systems will experience household cost
increases greater than the available
expenditure margins as a result of
adding advanced technology for the
Stage 2 DBPR. This prediction is
probably overestimated because small
systems have other compliance
alternatives available to them besides
adding treatment. For example, some of
these systems currently may be operated
on a part-time basis; therefore, they may
be able to modify the current
operational schedule or use excessive
capacity to avoid installing a costly
technology to comply with the Stage 2
DBPR. The system also may identify
another water source that has lower
TTHM and HAAS precursor levels.
Systems that can identify such an
alternate water source may not have to
treat that new source water as intensely
as their current source, resulting in
lower treatment costs. Systems may
elect to connect to a neighboring water
system. While connecting to another
system may not be feasible for some
remote systems, EPA estimates that
more than 22 percent of all small water
systems are located within  metropolitan
regions (USEPA 2000c) where distances
between neighboring systems will not
present a prohibitive barrier. More
discussion of household cost increases
is presented in a later section (Section
VII) and the Economic Analysis (USEPA
2003i).

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Federal  Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed  Rules
           Table V-14b: Annual Household Cost Increases versus Available Expenditure Margin for
           Households Served by Small Systems Adding Treatment



Systems Size
(population
served)
0-500
501 - 3,300
3,301 - 10,000
Number of
Households Served
by Plants Adding
Treatment
(Percent of ail
Households Subject
42.355(3.0%)
158,044 (2.8%)
221,110(3.0%)

Mean
Annual
Household
Cost
Increase
$184.55
$47.74
$33.21

Median
Annual
Household
Cost
Increase
$189.59
$38,48
$13.30

90th
Pereentile
Annual
Household
Cost Increase
$189.59
$152.41
$98.18

95th
Pereentile
Annual
Household
Cost Increase
$409.40
$215.85
$186.72


Available
Expenditure
Margin
($/hh/yr)
$588
$542
$570
Number of
Houshdds with
Annual Cost
Increases Greater
then the Available
Expenditure Margin
1,325
0
0
Number of Plants
with Annual Cost
Increases Greater
than the Available
Expenditure
Margin
22
0
0
           1Detafl may not to total add due to independent rounding.  Households served by all plants will be higher than
           households served by plants adding treatment because an entire system will Incur costs even if less than the total
           number of plants for that system
           'The affordability criteria for systems serving 25 - 500 people is $588, for systems serving 501 - 3,300 Is $542, and for
           systems serving 3,301 - 10,000 Is $570
           Source: Economic Analysis (USEPA 2003I) exhibit 8.4c
  EPA is currently reviewing its
national-level affordability criteria, and
has solicited recommendations from
both the NDWAC and the SAB as part
of this review. If the national-level
affordability criteria are revised prior to
promulgation of tho final Stage 2 DBPR,
EPA may reevaluate the affordability of
the identified small system compliance
technologies based on the revised
criteria and may revise its determination
of whether to list any variance
technologies as  a result. EPA requests
comment on the application of its
affordability criteria in this rulemaking
and on its determination that there are
affordable small system compliance
technologies for all three statutory small
system size categories.
M. Requirements for Systems To Use
Qualified Operators
  EPA believes  that systems that must
make treatment changes to comply with
requirements to reduce microbiological
risks and risks from  disinfectants and
disinfection byproducts should be
operated by personnel who are qualified
to recognize and respond to problems.
Subpart H systems were required to be
operated by qualified operators under
the SWTR (40 CFR 141.70). The Stage 1
DBPR added requirements for all
disinfected systems to be operated by
qualified personnel who meet the
requirements specified by the State,
which may differ based on system size
and type. The rule also required that
States maintain a register of qualified
operators (40 CFR 141.130(c)j. While the
proposed Stage  2 DBPR requirements do
not supercede or modify the
requirement that disinfected systems be
operated by qualified personnel, the
Stage 2 DBPR re-emphasizes the
important role that qualified operators
play in delivering safe drinking water to
the public. States should also review
                      and modify, as required, their
                      qualification standards to take into
                      account new technologies (e.g.,
                      ultraviolet (UV) disinfection) and new
                      compliance requirements (including
                      simultaneous compliance and
                      consecutive system requirements).
                      N. System Reporting and Recordkeeping
                      fleguiremenfs
                      1. Confirmation of Applicable Existing
                      Requirements
                        Today's proposed Stage 2 DBPR,
                      consistent with the current system
                      reporting regulations under 40 CFR
                      141.131, requires public water systems
                      to report monitoring data to States
                      within ten days after the end of the
                      compliance period. In addition, systems
                      are required to submit the data required
                      in  § 141.134. These data are required to
                      be submitted quarterly for any
                      monitoring conducted quarterly or more
                      frequently, and within ten days of the
                      end of the monitoring period for less
                      frequent monitoring.
                      2. Summary of Additional Reporting
                      Requirements
                        EPA proposes that two years after rule
                      promulgation, systems serving 10,000 or
                      more people (plus consecutive systems
                      that are part of a combined distribution
                      system with a system serving at least
                      10,000) be required to report the  results
                      of their 1DSE to their State, unless the
                      State has waived this requirement for
                      systems serving fewer than 500. Systems
                      are also required to report to the  State
                      recommended long-term (Stage 2B)
                      compliance monitoring sites as part of
                      the IDSE report. While the IDSE options
                      discussed in section V.J, would delay
                      the timing of this requirement, EPA
                      believes that the burden would not
                      change.
                        Beginning three years after rule
                      promulgation, systems must report
compliance with Stage 2A MCLs based
on LRAAs (0.120 mg/L TTHM and 0.100
mg/HAA5), as well as continue to report
compliance with 0.080 mg/L TTHM and
0.060 mg/L HAAS as RAAs. Systems
must report compliance with the Stage
2B TTHM and HAAS MCLs (0.080 mg/
L TTHM and 0.060 mg/L HAAS as
LRAAs) according to the compliance
schedules outlined in section V.J. of
today's proposal. Reporting for DBF
monitoring, as described previously,
will remain generally consistent with
current public water system reporting
requirements (§141.31 and §141.134);
systems will be required to calculate
and report each LRAA (instead of the
system's RAA) and each individual
monitoring result (as required under the
Stage 1 DBPR). Systems will also be
required to consult with the State about
each peak excursion event no later than
the next sanitary survey for the system,
as discussed in section V.E.
3. Request for Comment
  EPA requests comment on all system
reporting and recordkeeping
requirements.

O. Analytical Method Requirements
1. What Is EPA Proposing Today?
  The Stage 2 DBPR proposed today
does not add any new disinfectants  or
disinfection byproducts to the list of
contaminants currently covered by
MRDLs or MCLs. However, additional
methods have become available since
the analytical methods in the Stage 1
DBPR were promulgated (USEPA
1998c). EPA is proposing to add to 40
CFR 141.131 one method for  chlorine
dioxide and chlorite, one method for
HAAS which can also be used to
analyze for the regulated contaminant
dalapon, three methods for bromate,
chlorite, and bromide, one method for
bromate only, and one method for total

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                Federal Register/Vol. 68, No. 159/Monday, August 18, 2003/Proposed Rules
                                                                     49611
arganic carbon (TOG) and specific
ultraviolet absorbance (SUVA), One of
the methods that is currently approved
forbromate, chlorite, and bromide can
je used to determine chloride, fluoride,
nitrate, nitrite, orthophosphate, and
sulfate, so EPA is proposing to add it as
an approved method for those
contaminants in 40 CFR 141.23 and 40
^FR 143.4. EPA is also proposing to add
the HAAS method that includes dalapon
to 40 CFR 141.24 for dalapon
compliance monitoring.
  Several of the methods that were
promulgated with the Stage 1 DBPR
have been included in publications that
were issued after December 1998. EPA
is proposing to approve the use of the
recently published versions of three
methods for determining free,
combined, and total chlorine residuals,
two methods for total chlorine only, one
method for free chlorine only, one
method for chlorite and chlorine
dioxide, one method for chlorine
dioxide only, one method for HAAS,
three methods for TOG and dissolved
organic carbon (DOC), and one method
for ultraviolet absorption at 254nm
(UV 254)- EPA is proposing to update the
citation for one method forbromate,
chlorite, and bromide.
  EPA is also proposing to standardize
the HAAS sample holding times and the
bromate sample preservation procedure
and holding time. EPA is clarifying
which methods are approved for
magnesium hardness determinations in
40 CFR 141.131 and 40 CFR 141.135.
  Analytical methods that are proposed
for approval or for which changes are
proposed in today's rule are
summarized in Table V-15 and are
described  in more detail later in this
section.
                   TABLE V-15.—ANALYTICAL METHODS ADDRESSED IN TODAY'S PROPOSED RULE
Analyte
§141.23



§141.24
§141.131— Disinfectants
(total)
free)
§141.131— Disinfection Byproducts
HAA5 	



§141.131 — Other parameters
TOC/DOC 	
jV,. How Was This Proposal Developed?
  EPA evaluated the performance of the
lew methods for their applicability to
compliance monitoring. The primary
jurpose of this evaluation was to
letermine if the new methods provide
data of comparable or better quality than
the methods that are currently
approved. Methods currently approved
for DBFs were also examined to
determine applicability to other
regulated contaminants.
  EPA reviewed the new publications of
methods from consensus organizations
such as Standard Methods and
American Society for Testing and
Materials (ASTM). As a result, EPA
identified one new method from ASTM

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  which is suitable for compliance
  monitoring. EPA also determined that
  the newer editions of Standard Methods
  did not change the individual methods
  approved under the Stage 1 DBPR.

  3. Which New Methods Are Proposed
  for Approval?

    a. EPA Method 327.0 for chlorine
  dioxide and chlorite. EPA is proposing
  to add a new method for the
  measurement of chlorine dioxide
  residuals and daily chlorite
  concentrations. EPA Method 327.0
  (USEPA 2003q) is an enzymatic/
  spectrophotometric method in which a
  total chlorine dioxide plus chlorite
  concentration is determined in an
  unsparged sample and the chlorite
  concentration is determined in a
  sparged sample. The chlorine dioxide
  concentration is then calculated by
 subtracting the chlorite concentration
 from the total.
   The pH of the samples (sparged  and
 unsparged) and blank are adjusted to 6.0
 with a citric acid/glycine buffer. The
 chromophore Lissamine Green B (LGB)
 and the enzyme horseradish peroxidase
 are added. The enzyme reacts with the
 chlorite in the sample to form chlorine
 dioxide which then reacts with the
 chromophore LGB to reduce the
 absorbance at 633nm of the sample. The
 absorbance of the samples and blank are
 determined spectrophotometrically. The
 difference in absorbance between the
 samples and the blank is proportional to
 the chlorite and total chlorine dioxide/
 chlorite concentrations in the samples.
  EPA Method 327.0 offers advantages
 over the currently approved methods in
 that it is not subject to positive
 interferences from other chlorine
 species and it is easier to use.
  The single laboratory detection limits
 presented in the method are 0,08-0.11
 mg/L for chlorite and 0.04-0.16 mg/L
 for chlorine dioxide. The detection
 limits are based on the analyses of  sets
 of seven replicates of reagent water that
 were fortified with low concentrations
 of chlorite with and without the
presence of chlorine dioxide and low
concentrations of chlorine dioxide  with
and without the presence of chlorite.
The standard deviation of the mean
concentration for each set of samples
                      was calculated and multiplied by the
                      student's t-value at 99% confidence and
                      n-1 degrees of freedom (3.143 for 7
                      replicates) to determine the detection
                      limit. The accuracy reported in the
                      method for laboratory fortified blanks at
                      concentrations of 0.2-1.0 mg/L is 103-
                      118 % for chlorite and 102-124 % for
                      chlorine dioxide with relative standard
                      deviations between 2.9  and 16 %.
                      Replicate analyses of drinking water
                      samples from surface and ground water
                      sources fortified at concentrations of
                      approximately 1 and 2 mg/L chlorite
                      and chlorine dioxide showed average
                      recoveries of 91-110 %  with relative
                      standard deviations of 1-9  %.
                       EPA is proposing to approve EPA
                      Method 327.0 as an additional method
                      for monitoring chlorine  dioxide and for
                      making the daily determination of
                     chlorite at the entry point to the
                     distribution system. It will  provide
                     water systems with additional flexibility
                     in monitoring the application of
                     chlorine dioxide. EPA believes that
                     many water plant operators will prefer
                     the new method over the currently
                     approved methods due to its ease of use.
                       b. EPA Method 552.3 forHAA5 and
                     dalapon. EPA is proposing  to add a new
                     method (EPA Method 552.3) for HAAS
                     that provides comparable sensitivity,
                     accuracy, and precision  to the
                     previously approved methods. EPA
                     Method 552.3 (USEPA 2003p) has the
                     added benefit of allowing laboratories to
                     more easily measure four additional
                     haloacetic acids (bromochloroacetic
                     acid, bromodichloroacetic acid,
                     chlorodibromoacetic acid, and
                     tribromoacetic acid) at the same time
                     the HAA5 compounds are being
                     measured, without compromising the
                     quality of data for the HAA5
                     compounds. Of the currently approved
                     methods for HAA5, only EPA Method
                     552.2 (USEPA 1995) provides method
                     performance data for all of these
                     additional compounds, but the reaction
                     conditions must be carefully controlled.
                     EPA believes  that analyses for these
                     additional HAAs can be accomplished
                     more easily without compromising the
                    quality of data for the HAAS
                    compounds by using EPA Method
                    552.3.
   EPA Method 552.3 for HAAS, other
 haloacetic acids, and the regulated
 contaminant dalapon allows two
 extraction options. The first option
 involves an acidic extraction with
 methyl tertiary butyl ether (MTBE)
 which is the same solvent used in the
 currently approved HAA5 methods. The
 analytes (HAAS, other HAAs, and
 dalapon) are then converted to their
 methyl esters by the addition of acidic
 methanol to the extract followed by
 heating. The amount of acidic methanol
 that is added to the extract is increased
 in the new method resulting in
 increased methylation efficiency for
 some of the analytes. The increased
 methylation efficiency is significant for
 the additional HAAs and thus provides
 greater sensitivity, precision, and
 accuracy for them when compared to
 EPA Method 552.2. The acidic extract is
 neutralized with a saturated solution of
 sodium bicarbonate and the target
 analytes are identified and measured by
 gas chromatography using electron
 capture detection (GC/EGD).
   The second option in the new EPA
 Method 552.3 involves an acidic
 extraction with tertiary amyl methyl
 ether (TAME). The HAAs are then'
 converted to their methyl esters  by the
 addition of acidic methanol to the
 extract followed by heating. The use of
 TAME instead of MTBE as the
 extraction solvent allows the use of a
 higher temperature during the
 methylation process. This increases the
 methylation efficiency and thus
 provides significant increases in
 sensitivity, precision, and accuracy for
 the additional HAAs. The acidic extract
 is neutralized with a saturated solution
 of sodium bicarbonate and the target
 analytes are identified and measured by
 gas chromatography using electron
 capture detection (GC/ECD).
  The performance of EPA Method
 552.3 is comparable to the currently
 approved methods for determining the
 HAAS analytes. A comparison of the
 performance of EPA Method 552.3  to
the currently approved HAAS methods
 is shown in Table V-16. The data are
taken from the individual methods, so
the precision, accuracy, and detection
data were not generated using the same
samples or by the same laboratory.
                           TABLE V-16.—PERFORMANCE OF HALOACETIC ACID METHODS
QC Parameter
Precision (Max %RSD in fortified drinking water samples) 1
EPA 552.1 	
EPA 552.2 	
EPA 552.3 (MTBE option) 	
EPA 552.3 (TAME option) 	
SM6251 B 	

MCAA






DCAA






TCAA

28




MBAA

11
6
4
4
8
DBAA

7
5
5
5
7

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                 Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed  Rules
                                                                      49613
                      TABLE V-16.—PERFORMANCE OF HALOACETIC ACID METHODS—Continued
QC Parameter
Accuracy (Range of % Recoveries in fortified drinking water samples) 2
EPA 552.1 	
EPA 552.2 	
EPA 552.3 (MTBE option) 	
EPA 552.3 (TAME option) 	
3M 6251 B 	
Detection Limit (ng/L) 3
EPA 552.1 	
EPA 552.2 	
EPA 552.3 (MTBE option) 	
EPA 552.3 (TAME option) 	
5M6251 B 	

MCAA
76-100
84-97
98-126
97-131
99-103
0.21
027
0.17
0.20
0.08

DCAA
75-126
96-105
96-103
97-107
96-103
045
024
0.02
0.08
005

TCAA
56-106
62-82
89-100
89-103
100-103
007
008
002
002
005

MBAA
86-97
86-100
99-113
99
97 101
024

003
0 13
009

DBAA











  1 The highest relative standard deviation (%RSD) for replicate analyses of fortified drinking water samples as shown in each method.
  2 The range of recoveries reported for replicate analyses of fortified drinking water samples as shown in each method.
  3 The detection limit as  determined by analyzing seven or more replicates of reagent water that is fortified with low concentrations of the
laloacetic acids. The standard deviation of the mean concentration for each analyte is calculated and multiplied by the student's t-value at 99%
;onfidence and n-1 degrees of freedom (3.143 for 7 replicates).
  Two of the currently approved HAA5
nethods (EPA Methods 552.1 (USEPA
 992) and 552.2 (USEPA 1995)) are also
 pproved for analyses of water samples
'or the regulated contaminant dalapon,
 a synthetic organic chemical. The new
 HAA5 method can also be used to
 determine dalapon in drinking water.
 As shown in Table V-17, both solvent
 options in EPA Method 552.3 provide
 comparable or better method
 performance than the approved
 methods.
                                TABLE V-17.—PERFORMANCE OF DALAPON METHODS


Decision1 (% RSD) 	



EPA 552 1

14
88-102
032



11
86-100
0 12

EPAE
MTBE
2

002

>52.3
TAME
4



  1 The highest relative standard deviation (%RSD) for replicate analyses of fortified drinking water samples as shown in each method.
  2 The range of recoveries reported for replicate analyses of fortified drinking water samples as shown in each method.
  3 The detection limit as determined by analyzing seven or more replicates of reagent water that is fortified with low concentrations of dalapon.
The standard deviation of the mean dalapon concentration is calculated and multiplied by the student's t-va!ue at 99% confidence and n-1 de-
 rees of freedom (3.143 for 7 replicates).
  EPA is proposing to approve EPA
Method 552.3 for dalapon
§ 141.24(e)(l)) in addition to HAA5
ven though dalapon is not a
ontaminant that is addressed in this
roposed rule. EPA believes that
xtending approval to all the regulated
ontaminants covered by the method
rovides more flexibility to laboratories.
  allows the laboratories the option of
educing the number of methods that
ley need to keep in operation for their
lients, because the new method can be
sed for dalapon and HAAS compliance
nonitoring samples and for determining
le additional HAAs for non-regulatory
urposes. EPA recognizes that
aboratories will probably not be
etermining dalapon concentrations for
ompliance purposes in the same
amples as used for HAA5 compliance
nonitoring. However, EPA believes
[lowing the same method to be used
ven if the samples are not the same is
nore cost effective for laboratories,
ecause switching between methods
esults in increased analyst and
instrument time. EPA is not proposing
to withdraw the other dalapon methods,
because that would reduce flexibility for
the laboratories and place an
unnecessary burden on laboratories that
do not need to use EPA Method 552.3.
   c. ASTMD 6581-00 for bromate,
chlorite, and bromide. ASTM Method D
6581-00 (ASTM 2002) for the
determination of bromate, chlorite, and
bromide was adopted by ASTM in 2000.
This method uses the same procedures
as EPA Method 300.1 (USEPA 20001)
(the method promulgated in the Stage 1
DBPR) and thus is considered
equivalent to the approved method
(Hautman et al 2001). The ASTM
method includes interlaboratory study
data that were not available when EPA
Method 300.1 was published. The study
data demonstrate good precision and
low bias for all analytes.
  Under section 12(d) of the National
Technology Transfer and Advancement
Act, the Agency is directed to consider
whether to use voluntary consensus
standards in its regulatory activities.
ASTM Method D 6581-00 is an
acceptable consensus standard and it is
published in the 2001, 2002, and 2003
editions of The ASTM Annual Book of
Standards. EPA is proposing to approve
ASTM Method D 6581-00 in order to
provide additional flexibility to
laboratories. Any edition containing the
cited version may be used.
  d. EPA Method 317.0 revision 2 for
bromate, chlorite, and bromide. EPA
Method 317.0 Revision 2 (USEPA
200ld) is an extension of the currently
approved EPA Method 300.1 for
bromate, chlorite, and bromide. It uses
the EPA Method 300.1 technology, but
it adds a postcolumn reactor that
provides a more sensitive and specific
analysis for bromate than is obtained
using EPA Method  300.1. As with EPA
Method 300.1, the anions are separated
by ion chromatography and detected
using a conductivity detector. (Bromate,
chlorite, and bromide concentrations
determined by the conductivity detector
are equivalent to those measured using
EPA Method 300.1.) After the sample

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49614
Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed  Rules
passes through the conductivity
detector, it enters a postcolumn reactor
chamber in which o-dianisidine
dihydrochloride {ODA} is added to the
sample. This compound forms a
chromophore with the bromate that is
present in the sample and the
chromophore concentration is
determined using a ultra violet/visible
(UV/Vis) absorbance detector. There are
several advantages of this method:
  (1) Very few ions react with ODA to
form compounds that are detected by
the UV/Vis detector. This makes the
method less susceptible to interferences
for bromate.
  (2) The UV/Vis detector is very
sensitive to the chromophore, so lower
concentrations of bromate can be
detected and quantitated. (Bromate
concentrations can be reliably
quantitated as low as 1 ug/L using this
detector versus 5 Ug/L for EPA Method
300.1.)
  (3) Since the front part of the analysis
is the same as EPA Method 300.1,
bromate, chlorite, and bromide can be
determined in the same analysis.
  The first version of this method, EPA
Method 317.0 has been evaluated in a
multiple laboratory study (Wagner et al.
2001; Hautman et al. 2001). The results
from the study indicate high precision
and very low bias in data generated
using this method. The interlaboratory
precision for bromate, chlorite, and
bromide using the conductivity detector
and bromate using the UV/Vis detector
are 12%, 4.2%, 6.9%, and 9.6% relative
standard deviation (RSD), respectively.
The interlaboratory bias for bromate,
chlorite, and bromide using the
conductivity detector and bromate using
the UV/Vis detector are 0.35%,
-0.98%, -0.87%, and 4.8%,
respectively. The average detection
levels for bromate, chlorite, and
bromide using the conductivity detector
and bromate using the UV/Vis detector
are 2.2,1.6, 2.8, and 0.24 Ug/L,
respectively.
  Subsequent to the interlaboratory
study of EPA Method 317.0, a problem
with ODA was discovered.  The purity of
the reagent can vary from lot to lot and
this affects the performance of the
method. EPA has evaluated the method
performance using ODA obtained from
several commercial sources and from
different lots from the same supplier.
Based on that new information, EPA
revised Method 317.0 to document how
to detect and correct problems that can
result from a contaminated ODA supply.
The revised method is designated EPA
Method 317.0 Revision 2.0 and this is
the version that is being proposed today.
The performance of the revised method
is identical to the original version.
                        EPA believes EPA Method 317.0
                      Revision 2.0 should be approved as an
                      additional method for bromate, chlorite,
                      and bromide compliance monitoring.
                      EPA anticipates that water systems will
                      prefer to have their bromate samples
                      analyzed by this new method, because
                      it provides higher quality data than the
                      currently approved method when
                      bromate concentrations are below the
                      MCL of 0.010 mg/L (10 ug/L). Only a
                      few laboratories are currently
                      performing analyses using the
                      postcolumn reactor technology included
                      in the method, but the number is
                      increasing as more laboratories become
                      aware of the advantages.
                        e. EPA Method 326,0 for bromate,
                      chlorite, and bromide. EPA Method
                      326.0 (USEPA 2002a) is based on the
                      procedure reported by Salhi and von
                      Gunten (1999) and uses an approach
                      that is similar to EPA Method 317.0
                      Revision 2.0. The method involves the
                      separation of the anions (bromate,
                      chlorite, and bromide) following the
                      scheme outlined in EPA Methods 300.1
                      and 317.0 Revision 2.0. (Bromate,
                      chlorite, and bromide data from the
                      conductivity detector are equivalent to
                      data generated using EPA Method
                      300.1.) The eluent stream exiting the
                      conductivity detector is mixed with a
                      postcolumn reagent consisting of an
                      acidic solution of potassium iodide with
                      a catalytic concentration  of
                      molybdenum (VI). Bromate reacts with
                      the iodide to form triiodide which is
                      measured by its UV absorption at 352
                      nm.
                        EPA Method 326.0 has similar
                      accuracy, precision, and sensitivity for
                      bromate compared to EPA Method 317.0
                      Revision 2.0. Thirty drinking water
                      samples fortified with 1-7 M-g bromate/
                      L were analyzed using both methods.
                      Accuracy, expressed as % recovery,
                      ranged from 78.0 to 129% for both
                      methods and precision, expressed as %
                      RSD ranged from 3.7 to 13.5%  (Wagner
                      et al. 2002). The detection limit of EPA
                      Method 326.0 is 0.17 ug/L as
                      determined by analyzing seven or more
                      replicates of reagent water that is
                      fortified with low concentrations of
                      bromate. The standard deviation of the
                      mean bromate concentration is
                      calculated and multiplied by the
                      student's t-value at 99% confidence and
                      n-1 degrees of freedom (3.143 for 7
                      replicates).
                        EPA is proposing EPA  Method 326.0
                      as an additional method for bromate,
                      chlorite, and bromide compliance
                      monitoring. It provides higher quality
                      bromate data than the currently
                      approved EPA Method 300.1 when
                      bromate concentrations are below 10 ug/
                      L. EPA anticipates the number of
laboratories using this method will
increase as utilities become aware of the
method's sensitivity and begin to
request it be used for their samples.
  f. EPA Method 321.8 for bromate. EPA
is proposing to add EPA Method 321.8
(USEPA 2000d) specifically for bromate
compliance monitoring. It involves an
ion chromatograph coupled to an
inductively coupled plasma mass
spectrometer (IC/ICP-MS). The ion
chromatograph separates bromate from
other ions present in the sample and
then bromate is detected and
quantitated by the ICP-MS. Mass 79 is
used for quantitation while mass 81
provides isotope ratio information that
can be used to screen for potential
polyatomic interferences.  The advantage
of this method is that it is very specific
and sensitive to bromate. The single
laboratory detection limit presented in
the method is 0.3 ug/L. The average
accuracy reported in the method for
laboratory fortified blanks is 99.8%
recovery with a three sigma control
limit of 10.2%. Average accuracy and
precision in fortified drinking water
samples are reported as 97.8% recovery
and 2.9% relative standard deviation,
respectively.
  During the Information  Collection
Rule, thirty-three samples were
analyzed by this method in addition to
the selective anion concentration (SAC)
method used by EPA for the low-level
bromate analyses. EPA Method 321.8
provided comparable data to  that
generated by the SAC method (Fair
2002).
  EPA Method 321.8 has undergone
second laboratory validation  (Day et al.
2001) and the results indicate the
method can be successfully performed
in non-EPA laboratories. The calculated
detection limit determined by the
second laboratory is 0.4 ug/L. The
average accuracy achieved for laboratory
fortified blanks at 5 ug/L js 93%
recovery with a relative standard
deviation of 8.9%. Average accuracy
and precision in fortified drinking water
samples are reported as 101% recovery
and 9% relative standard deviation,
respectively.
  The IC/ICP-MS instrumentation used
in EPA Method 321.8 is a new
technology in the drinking water
laboratory community. Even though the
technology is not yet widely used, EPA
believes that approving this new
method will provide laboratories with
the flexibility to adopt the new
technology if they have additional
applications for it. The instrumentation
is especially promising in the area of
trace metal speciation. Laboratories  that
are performing that type of analysis
would find it very useful to also be able

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                 Federal Register/Vol.  68, No. 159/Monday,  August  18,  2003/Proposed Rules
                                                                    49615
to perform bromate compliance
monitoring analyses by EPA Method
321.8. EPA believes that advances in
analytical technology should be
encouraged when they provide
additional options for obtaining
accurate and precise data for
compliance monitoring. Approval of
this method would not require
laboratories to adopt the new
technology; it strictly offers the choice
for laboratories that would like to use
the latest technology.
  EPA is proposing to add sample
collection and holding time requirement
to EPA Method 321.8. The current
method does not address the potential
for changes in bromate concentrations
after the sample is collected  as a result
of reactions with hypobromous acid/
hypobromite ion. Hypobromous acid/
hypobromite ion are intermediates
formed as byproducts of the  reaction of
either ozone or hypochlorous acid/
hypochlorite ion with bromide ion. If
not removed from the sample matrix,
further reactions may form bromate ion.
The reactions can be prevented by
adding 50 mg of ethylenediamine
(EDA)/L of sample. This is the
preservation technique specified in the
other methods both approved and
proposed for bromate compliance
analyses. The fortified drinking water
samples analyzed in the second  ,
laboratory validation study of EPA
Method 321.8 (Day et al 2001) and the
Information Collection Rule  samples
that were analyzed using the SAC
method and EPA Method 321.8 were
preserved with EDA, thus
demonstrating that EDA can be used in
samples analyzed by IC/ICP-MS. EPA
believes that adding this sample
preservation requirement to EPA
Method 321.8 will help ensure sample
integrity. It will also simplify the
sampling protocols that water systems
must follow, because al! sampling for
bromate, regardless of the method
employed to analyze the sample, will
require the same  sample preservation
technique.
  EPA Method 321.8 does not include
information concerning how long a
sample may be stored prior to analysis.
EPA is proposing to specify a maximum
of 28 days for the sample holding time.
This would make the method consistent
with the other bromate methods
proposed today and the method that is
currently approved.
  g. EPA 415.3 for TOC and SUVA
(DOC and WZSA). Today's rule proposes
to add EPA Method 415.3 (USEPA
2003r) as an approved method for TOC
and SUVA. The Stage 1 DBPR included
three Standard Methods for TOC and
one method for UV*254. Additional
quality control (QC) requirements were
included for these measurements,
because the methods did not contain the
necessary criteria. The rule included
instructions for calculating SUVA based
on UV254 and DOC analyses. The new
EPA Method 415.3 includes the
additional QC necessary to achieve
reliable determinations for TOC, DOC,
and UV254. It describes a procedure for
removing inorganic carbon from the
sample prior to the organic carbon
analysis. The method uses the same
technologies as already approved. The
advantage of this new method is that it
documents the precision and accuracy
that can be expected when proper QC
procedures are implemented and it
places all the necessary information for
SUVA in one place.
  EPA Method 415.3 provides
sensitivity, precision and  accuracy data
for TOC and DOC measured using five
different technologies:
  (1) Catalyzed 680°C combustion
oxidation of organic carbon to carbon
dioxide (CO2) followed by
nondispersive infrared detection
(NDIR).
  (2) High temperature (700 to 1100°C)
combustion oxidation followed by
NDIR.
  (3) Elevated temperature (95-100°C)
catalyzed  persulfate digestion of organic
carbon to CO2 followed by NDIR.
  (4) UV catalyzed persulfate digestion
followed by NDIR.
  (5) UV catalyzed persulfate digestion
followed by membrane permeation into
a conductivity detector.
These technologies are included in the
currently approved Standard Methods
5310 B and 5310 C (APHA, 1996). The
new method indicates these
technologies can provide detection
limits between 0.02 mg/L  and 0.12 mg/
L. Accuracy and precision data from
analyses of fortified reagent water and
natural waters indicate the technologies
can produce acceptable data for
determining compliance with the
treatment technique for control of
disinfection byproduct precursors
specified in § 141.135. Seven natural
waters were fortified with organic
carbon from potassium hydrogen
phthalate and analyzed by each of the
five technologies. The average
recoveries ranged from 97% to 103% for
TOC and 98% to 106% for DOC.
  The method presents data from the
analyses of seven different waters and
demonstrates that comparable analytical
results are obtained regardless of the
technology used as long as all inorganic
carbon is removed from the sample
prior to the analysis. The samples
ranged in concentration from 0.4 to 3.6
mg/L and the relative standard
deviations across the analyses ranged
from 35% RSD (for the lowest
concentration sample) to <13% RSD for
the remainder of the samples.
  EPA Method 415.3 includes a
procedure to ensure that inorganic
carbon does not interfere with the
organic carbon analyses. Since this is
critical to obtaining accurate organic
carbon determinations, EPA is
proposing to add a requirement at
§§ 141.131(d)(3) and (4)(i) to remove
inorganic carbon prior to performing
TOC or DOC analyses. Laboratories will
have the option of using the procedure
described in EPA Method 415.3 or
verifying that the process used by their
TOC instrument adequately removes the
inorganic carbon prior to the organic
carbon measurement. Determination of
organic carbon by subtracting the
inorganic carbon from the total carbon
is not acceptable for compliance
purposes, because the percentage of
inorganic carbon is usually large in
relation to the organic  carbon of the
sample and the subtraction process
introduces a large potential for error.
  The manufacturer of one of the
instruments that  was used during the
development of EPA Method 415.3
recommends that hydrochloric acid be
used to acidify TOC and DOC samples
prior to analysis. EPA confirmed that
use of this acid is critical for proper
operation of the instrument. However,
use of hydrochloric acid is in conflict
with the current regulation at
§§ 141.131(d)(3) and (4)(i) which specify
phosphoric or sulfuric acid. The type of
acid used to preserve samples and to
treat the samples to remove inorganic
carbon prior to the organic carbon
analysis should be based on the
analytical method, or the instrument
manufacturer's specification. Therefore,
EPA is proposing to remove the
specification of acid type from
§§141.131(d)(3)and(4)(i).
  EPA Method 415.3 specifies that TOC
samples be acid preserved at the time of
collection in order to prevent microbial
degradation of the organic carbon. This
is consistent with the sampling
instructions in the currently approved
methods (Standard Methods 5310 B,
5310 C, and 5310 D). EPA proposes to
amend § 141.131(d)(3) by removing the
phrase "not to exceed 24 hours" in the
description of when samples must be
preserved, so that the rule is consistent
with the method specifications.
  Analyses for both DOC and UV254 are-
required for a SUVA determination. The
DOC measurement is identical to the
TOC measurement after the sample is
filtered through a 0.45 urn pore size
filter.  The filtration step must be

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49616
Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed Rules
performed using a prewashed filter in
order to eliminate positive interferences
from material that can leach from
improperly cleaned filters. EPA Method
415.3 contains a description of how to
properly rinse the filters and how to
verify that the filter blank is acceptable.
The method demonstrates that it is
feasible to have a filter blank with a
DOC concentration <0.2 mg/L. The
method also provides performance data
for DOC.
  The Uv*254 analysis that is part of the
SUVA determination is also described
in EPA Method 415.3. As with the DOC
                      measurement, the UV254 analysis is
                      performed on a sample that has been
                      filtered through a prewashed 0.45 um
                      pore size filter. In addition to verifying
                      that the filter blank is low enough, the
                      method also includes a
                      spectrophotometer check procedure to
                      ensure that the spectrophotometer is
                      operating properly.
                      4, What Additional Regulated
                      Contaminants Can Be Monitored by
                      Extending Approval of EPA Method
                      300.1?
                        In addition to bromate, chlorite, and
                      bromide, EPA Method 300,1 (USEPA
20001) can also be used to determine
chloride, fluoride, nitrate, nitrite,
orthophosphate, and sutfate in drinking
water. A comparison of the performance
of EPA Method  300.1 to the currently
approved EPA Method 300.0 (USEPA
1993} is shown in Table V-18 and
demonstrates that EPA Method 300.1
provides comparable or better precision,
accuracy, and sensitivity for these
contaminants based on the single
laboratory data presented in each
method.
                          TABLE V-18.—COMPARISON OF EPA METHODS 300.0 AND 300.1
QC parameter
Chloride
Fluoride
Nitrate
Nitrite
Phosphate-
P
Sulfate
                                    Precision (Max % RSO in fortified water samples)'
EPA 300.0 	
EPA 300.1 	

5.7
0.22

16
0.85

4.8
0.41

3.6
0.77

3.5
4.7

71
039

                               Accuracy (Range of % Recoveries in fortified water samples)2
EPA 300.0 	
EPA 300.1 	

86-114
93-98

73-95
80-89

93-104
88-96

92-121
72-87

95-99
61-92

95-112
89

                                               Detection Limit (mg/L)3
EPA 300.0 	
EPA 300.1 	

0.02
0004

0.01
0009

0.002
0008

0.004
0001

0003
0 019

0 02
0019

  1 The highest relative standard deviation (%RSD) reported in the method for replicate analyses of fortified water samples in a single laboratory.
  2The range of recoveries reported for replicate analyses of fortified water samples in a single laboratory as shown in the method.
  3The detection limit as  determined by analyzing seven or more replicates of reagent water that is  fortified with low concentrations of the
anions. The standard deviation of the mean concentration for each analyte  is calculated and  multiplied by the student's t-value at 99% con-
fidence and n-1 degrees of freedom (3.143 for 7 replicates).
  EPA is proposing to extend approval
of EPA Method 300.1 for fluoride,
nitrate, nitrite, and orthophosphate
(§ 141.23{k)(l)) and for chloride and
sulfate (§ 143.4(b)) even though these
contaminants are not addressed in
today's proposed rule. As discussed
before for dalapon, EPA believes that
extending approval to all the regulated
contaminants covered in a method
provides greater flexibility to
laboratories and allows them to reduce
analytical costs. EPA recognizes that
laboratories will probably not be
determining concentrations of these
non-DBP anions for compliance
purposes in the same samples as used
for chlorite or bromate compliance
monitoring. However, EPA believes
allowing the same method to be used
even if the samples are not the same is
more cost effective for laboratories. EPA
is not proposing to withdraw any
methods for the non-DBP anions,
because that would place an
unnecessary burden on laboratories that
do not need to use EPA Method 300.1.
                      5. Which Methods in the 20th Edition
                      and 2003 On-Line Version of Standard
                      Methods Are Proposed for Approval?

                        The Stage 1 DBPR approved eight
                      methods (4500-Cl D, 4500-C1 F, 4500-
                      Cl G, 4500-Cl E, 4500-Cl I, 4500-Cl H,
                      4500-C1O2 D, and 4500-C1O2 E) for
                      determining disinfection residuals from
                      the 19th edition of Standard Methods
                      (APHA, 1995). Standard Methods 6251
                      B and 4500-CIO2 E in the 19th edition
                      of Standard Methods (APHA, 1995)
                      were approved for HAAS and daily
                      chlorite analyses, respectively. Three
                      TOG methods (5310 B, 5310 C, and 5310
                      D) from the Supplement to the 19th
                      edition of Standard Methods (APHA,
                      1996) and one UV254 method (5910 B)
                      from the 19th edition of Standard
                      Methods (APHA,  1995) were also
                      approved in the Stage 1 DBPR.
                       .These thirteen methods are
                      unchanged in the 20th edition of
                      Standard Methods (APHA, 1998), so
                      EPA proposes to cite the 20th edition for
                      these analyses in addition to the 19th
                      editions.
  The On-Line Version of Standard
Methods is an effort to provide the
consensus methods to the public prior
to the release of the next full
publication.  Standard Methods is
making sections of the next version
available for purchase in both electronic
or printed format. EPA has reviewed the
applicable sections and determined that
ten of the methods are identical to the
currently approved versions from the
19th editions. Section 4500-Cl contains
the methods for determining chlorine
residuals and it includes the 4500-Cl D,
4500-CI F, 4500-Cl G, 4500-Cl E, 4500-
Cl I, and 4500-Cl H. Section 4500-C1O2
contains the methods for determining
chlorine dioxide residuals and chlorite
and it includes method 4500-C1O2 E.
Section 5310 contains the methods for
determining TOG and it includes
methods 5310 B, 5310 C, and 5310 D.
Because the ten listed methods in these
sections are unchanged from the
versions that were published in the 19th
editions, EPA is proposing to cite the
On-Line Version for these analyses in

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                Federal Register/Vol.  68, No. 159/Monday, August 18, 2003/Proposed Rules
                                                                     49617
iddition to the currently approved 19th
jditions and the proposed 20th edition.
 Section 6251 includes method 6251 B
or HAAS. The method has been
ipdated for the On-Line Version to
nclude precision and accuracy data
rom the Information Collection Rule
ind the sample holding time has been
ixtended from 9 days to 14 days. The
idditional quality control data does not
echnically change the method from the
jreviously approved version in the 19th
)dition; it simply demonstrates the
)erformance that can be expected when
he method is used. The change in
;ample holding time is consistent with
SPA's proposal to standardize the HAA5
;ample holding time at 14 days (See
liscussion in section V.O.7). Thus EPA
s proposing to cite the On-Line Version
or this analysis in addition to the
;urrently approved 19th edition and the
>roposed 20th edition.
 Section 5910 includes method 5910 B
or determining UVssi. The method has
ieen updated for the On—Line Version
o include precision data from the
nformation Collection Rule. Because
he additional quality control data does
lot technically change the method from
he previously approved version in the
9th edition, EPA  is proposing to cite
he On-Line Version for this analysis in
iddition to the currently approved 19th
idition and the proposed 20th edition.
 The On-Line Version of Standard
vfethods will not include method 4500-
j\O2 D, so it is not being proposed with
he other twelve methods cited in the
)n-Line Version.
 EPA is proposing to add a citation to
he 20th edition and the On-Line
Version of Standard Methods for
hirteen and twelve methods,
espectively. EPA believes these should
IB cited in addition to the 19th editions
n order to allow flexibility for the water
ystems performing the analyses.
Vithdrawal of the older editions would
equire all systems to purchase one of
he newer editions, which could impose
n unnecessary burden on systems that
ise the reference for only a few
nethods.
i. What Is the Updated Citation  for EPA
Method 300.1?
 EPA Method 300.1 (USEPA 20001) for
iromate, chlorite and bromide is now
ncluded in an  EPA methods manual
bat was published August 2000. The
aanual titled "Methods for the
Jetermination of Organic and Inorganic
Compounds in Drinking Water" is a
ompilation of methods developed by
PA for drinking water analyses. EPA
Method 300.1 was previously only
vailable as an  individual method. EPA
iroposes to update the bromate,
 chlorite, and bromide citation for this
 method to the August 2000 methods
 manual in today's rule so that the users
 are directed to the correct source of the
 method.

 7. How Is the HAA5 Sample Holding
 Time Being Standardized?
   The analytical methods approved for
 HAAS compliance monitoring (EPA
 552.1, EPA 552.2, and Standard Method
 6251 B) all specify the use of
 ammonium chloride to eliminate the
 free chlorine residual in samples and
 they require samples be iced/
 refrigerated after collection. Even
 though the sampling parameters agree in
 the three methods, the methods specify
 different sample holding times (time
 between sample collection and
 extraction). EPA Methods 552.1 (USEPA
 1992) and 552.2 (USEPA 1995) allow at
 least 14 days while Standard Method
 6251 B (APHA 1995 and 1998) specifies
 that samples must be extracted within
 nine days of sample collection. The
 holding time for the Standard  Method is
 based on data which indicated an
 increase in DCAA concentration to
 slightly greater than 120% of the initial
 concentration after the sample was
 stored for 14 days (Krasner et aJ. 1989).
 All other HAA5 compounds were well
 within the 80-120% criteria set by the
 researchers. The decision was  made to
 use a conservative approach to be sure
 that the concentrations of all HAAs
 were stable, and nine days was the
 closest data point to the 14 day-data
 point in question. Subsequent  to
 Krasner's study, EPA conducted
 additional sample holding time studies
 as part of the EPA methods
 development process. EPA has
 published data to support the 14-day
 sample holding time for the HAAS
 compounds (Pawlecki-Vonderheide et
 al. 1997; USEPA 2003p). Since there is
 no technical reason for the holding
 times to be different between the HAAS
 methods addressed in this rule, EPA
 proposes to allow a 14-day sample
 holding time for samples being analyzed
 by Standard Method 6251 B. This would
 provide consistency across methods and
 it would simplify sampling
 considerations for water systems. EPA is
 only proposing to standardize the
 holding time allowed for the samples.
Due to differences in the  sample
preparation (i.e., extraction) procedures
 in the various methods, the extract
holding times cannot be standardized.
Laboratories must follow the individual
method requirements when determining
storage conditions and holding times for
the extracts.
  EPA Method 552.1 specifies  a 28-day
holding time for HAA samples. This
 was based on studies conducted on
 fortified reagent water samples rather
 than drinking water samples. Because
 HAAs have been shown to biodegrade
 in some distribution systems (Williams
 et al. 1995), EPA believes that some
 samples may not be stable for 28 days.
 Today's rule proposes reducing the
 holding time to 14 days when EPA
 Method 552.1 is used in order to better
 ensure sample stability. During the
 Information Collection Rule, EPA only
 allowed the 14-day sample holding
 time for all HAA samples (regardless of
 the method used to analyze the
 samples), so laboratories and water
 systems have demonstrated their
 capability to implement this method
 change.
   EPA believes that by standardizing
 the sample holding times allowed in the
 various HAAS methods, the burden for
 laboratories and water systems will be
 reduced. Sampling considerations will
 be simplified, because all HAAS
 samples will be collected and stored the
 same way.

 8. How Is EPA Clarifying Which
 Methods Are Approved for Magnesium
 Determinations?
   The Stage 1 DBPR allows systems
 practicing enhanced softening that
 cannot achieve the specified level of
 TOC removal, to meet instead one of
 several alternative performance criteria,
 including the removal of 10 mg/L
 magnesium hardness (as CaCOS) from
 the source water. Analytical methods for
 measuring magnesium hardness were
 not included in the rule, but they were
 later promulgated in a Methods Update
 Rule (USEPA 1999b). The December
 1999 Methods Rule cited the
 magnesium methods at § 141.23(k)(l),
 but it did not identify that these
 methods were to be used to demonstrate
 compliance with the alternative
 performance criteria specified in
 § 141.135(a)(3)(ii). EPA is proposing to
 clarify this today by referencing the
 approved magnesium methods at
 § 141.131(d)(6) and § 141.135(a)(3)(ii).
 9. Which Methods Can Be Used To
 Demonstrate Eligibility for Reduced
 Bromate Monitoring?
  Today's rule proposes to change the
 monitoring requirements for
 demonstrating eligibility to reduce
bromate monitoring from monthly to
 quarterly. The Stage 1 DBPR allows the
 monitoring to be reduced if the system
 demonstrates that the average source
water bromide concentration is less than
 0.05 mg/L based upon monthly bromide
measurements for one year. Today's rule
proposes to change that requirement to
a demonstration that the finished water

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 49618
Federal Register/Vol. 68, No. 159/Monday, August 18, 2003/Proposed Rules
 bromate concentration is <0.0025 mg/L
 as a running annual average. If this
 change is implemented, there will no
 longer be a need for bromide
 compliance monitoring methods. EPA is
 proposing additional bromide methods
 today in order to provide flexibility to
 the laboratories and water systems in
 the interim period before the Stage 2
 DBPR compliance monitoring
 requirements becomes effective.
   In order to qualify for reduced
 bromate monitoring, EPA is proposing
 that the samples must be analyzed for
 bromate using either EPA Method 317.0
 Revision 2.0 (UV/Vis detector), EPA
 Method 326.0 (UV/Vis detector), or EPA
 Method 321.8. These three methods can
 provide quantitative data for bromate
 concentrations as low as 0.001 mg/L,
 thus ensuring that a bromate running
 annual average of <0.0025 mg/L can be
 reliably demonstrated. Laboratories that
 analyze samples by these three methods
 must report quantitative data for
 bromate concentrations as low as 0.001
 mg/L.
   Since EPA Methods 317.0 Revision
 2.0, 326.0, and 321.8 offer significantly
 greater sensitivity for bromate analyses,
 EPA considered whether these should
 be the only methods approved for
 bromate compliance monitoring.
 However, the new methods using
 postcolumn reactions with UV/Vis
 detection (EPA Methods 317.0 Revision
 2.0 and 326.0) or IC/ICP-MS (EPA
 Method 321.8) require greater analyst
 skill than is necessary for the standard
 ion chromatographic (1C) methodology
 (EPA Method 300.1 and ASTM Method
 D 6581-00). They also require
 instrumentation that may not be
 currently owned by many laboratories
 that perform bromate analyses. As a
 result of these factors and because the
 standard 1C methods are adequate for
 determining compliance with the
 bromate MCL that was promulgated as
 part of the Stage 1 DBPR, EPA decided
 not to propose withdrawal of the
 currently approved method {EPA
 Method 300.1). In addition, EPA
 decided to propose ASTM Method D
 6581-00, because it is equivalent to EPA
 Method 300.1. EPA strongly encourages
 laboratories to expand their services by
 adding the capability to perform
 analyses using one of the more sensitive
 methods for bromate. EPA believes that
there will be a shift to the more
 sensitive methods as water systems
realize that the analytical capabilities
are available for a slightly increased
analytical cost. (The ability to determine
bromate concentrations as low as 1 \igl
L will provide water systems more
information concerning the
                      optimization of ozone application to
                      control for bromate formation.)
                      10. Request for Comments

                       EPA requests comments on whether
                      the methods proposed today should be
                      approved for compliance monitoring.
                       EPA solicits comments as to whether
                      standardizing the sample holding times
                      for the HAA5 methods is appropriate.
                      Specifically, should the sample holding
                      time for Standard Method 6251 B be
                      extended from 9 days to 14 days and
                      should the sample holding time for EPA
                      Method 552.1 be shortened from 28
                      days to 14 days?
                       EPA requests comments as to whether
                      laboratories should be required to
                      switch to one of the more sensitive
                      bromate methods for compliance
                      monitoring sample analyses. Should
                      EPA Method 300.1 be withdrawn as a
                      compliance monitoring method for
                      bromate and be replaced by EPA
                      Methods 317.0 Revision 2.0, 326.0, and
                      321.8 which provide reliable data for
                      bromate concentrations as low as lug/L?

                      P. Laboratory Certification and
                     Approval

                      1. What Is EPA Proposing Today?

                       EPA recognizes that the effectiveness
                     of today's proposed regulation depends
                     on the ability of laboratories to reliably
                     analyze the regulated disinfection
                     byproducts at the proposed MCLs. EPA
                     has established a drinking water
                     laboratory certification program that
                     States must adopt as part of primacy.
                     Laboratories must be certified in order
                     to analyze samples for compliance with
                     the MCLs. EPA has also specified
                     laboratory requirements for analyses,
                     such as alkalinity, bromide, disinfectant
                     residuals, magnesium, TOG, and SUVA,
                     that must be conducted by parties
                     approved by EPA or the State. EPA's
                     "Manual for the Certification of
                     Laboratories Analyzing Drinking Water"
                     (USEPA 1997b) specifies the criteria
                     that EPA uses to implement the
                     drinking water laboratory certification
                     program. Today's proposed rule
                     maintains the requirements of
                     laboratory certification for laboratories
                     performing analyses to demonstrate
                     compliance with MCLs and all other
                     analyses to be conducted by approved
                     parties. It revises the acceptance criteria
                     for performance evaluation (PE) studies
                     and proposes reporting limits for the
                     DBFs as part of the certification
                     program. Today's rule also proposes that
                     TTHM and HAA5 analyses that are
                     performed for the IDSE or system-
                     specific study be conducted by
                     laboratories certified for those analyses.
 2. What Changes Are Proposed for the
 PE Acceptance Criteria?
   The Stage 1 DBPR specified that in
 order to be certified the laboratory must
 pass an annual performance evaluation
 (PE) sample approved by EPA or the
 State using each method for which the
 laboratory wishes to maintain
 certification. The acceptance criteria for
 the DBF PE samples were set as
 statistical limits based on the
 performance of the laboratories in each
 study. This was done because EPA did
 not have enough data to specify fixed
 acceptance limits.
   Subsequent to the 1998 promulgation,
 EPA evaluated the results for the EPA
 Water Supply (WS) PE studies and the
 Information Collection Rule PE studies
 to determine if fixed acceptance limits
 could now be applied. (Fixed limits
 were used during the Information
 Collection Rule).
   Four different fixed limits (±20%,
 ±30%, ±40%, and ±50% of the true
 value) were applied to each analyte in
 the WS PE study TTHM, HAA5,
 bromate, and chlorite samples.
 Successful analysis of the sample was
 defined as passing all four THMs
 individually in the TTHM PE sample;
 passing four of the five HAAs in the
 HAA5 PE sample; and passing bromate
 and  chlorite individually. The number
 and  percentage of laboratories that
 successfully passed each study sample
 were determined for the four fixed
 limits. These results were then
 evaluated to determine how narrow the
 criteria could be set in order to achieve
 accurate data and also provide enough
 certified laboratories to meet the
 capacity needs. Only the last six WS PE
 Studies administered by EPA (WS36-
 WS41 conducted between 1996-1998)
 were used in the final recommendation,
 because they provided a better estimate
 of current laboratory capabilities. Table
 V-19 summarizes the results of this WS
 PE Study evaluation.
  The number of laboratories that
 analyzed WS TTHM PE samples was
 significantly larger than for the other
 DBFs, because a laboratory certification
 program for TTHM has been in effect
 since the promulgation of the THM rule
 in 1979 (USEPA 1979). Most of the
 analytical methods for TTHM have been
 in use for many years, and the
 laboratories are experienced in their
use. The Stage 1 DBPR established the
 first requirements to monitor for the
other DBPs and certification was not
required until December 2001.
Therefore, the WS PE results for HAAS,
chlorite, and bromate were from
laboratories that were not part of a
certification process and the laboratories

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                 Federal Register/Vol. 68,  No. 159/Monday, August 18, 2003/Proposed  Rules
                                                                      49619
 were using methods that were relatively
 new. In addition, the method used for
 bromate during the WS studies was EPA
 Method 300.0 which was replaced by
 EPA Method 300.1 in the Stage I DBPR,
 because Method 300.1 is more sensitive.
 Laboratories would be expected to have
 greater success in passing the bromate
              PE samples using Method 300.1 and the
              bromate methods that are being
              proposed in today's rule.
                         TABLE V-19— FIXED LIMIT EVALUATION OF WS PE STUDIES 36—41
                                   [Average # and % of labs successfully completing studies]
DBP Sample
TTHM 	
HAA51 	



±20% of TV
#Labs
609
50
55
45
%Labs
73
37
63
50
±30% of TV
#Labs
731
83
68
52
%Labs
88
61
78
57
±40% of TV
#Labs
773
103
72
57
%Labs
93
75
82
64
±50% of TV
#Labs
788
115
74
60
%Labs
94
84
85
68
  1 Study 38 was excluded from this analysis, because a valid DCAA true value was not available for the HAA sample.
  Based on the results from the analyses
 described previously, EPA believes it is
 reasonable to set the TTHM acceptance
 criteria at ±20% around the study true
 values. The number of laboratories
 capable of performing TTHM analyses is
 large and the results described
 previously show that in the time frame
 of 1996-1998, over 70% of the
 laboratories could successfully meet the
 ±20% criteria. The PE studies
 conducted during the Information
 Collection Rule used the same
 acceptance criteria (USEPA 1996b).
  The data indicate that ±40%  are
 probably the tightest criteria that could
 be used to evaluate HAAS PE samples.
 Setting this criteria balances the need
 for approval of enough labs to meet
 monitoring capacity and the need to
 provide data of acceptable accuracy.
 The ±40% criteria is consistent with the
 Information Collection Rule PE study
 acceptance criteria and it is tighter than
 the criteria established in the Stage 1
 DBPR. During the Information
 Collection Rule, laboratories that were
 approved using the ±40% criteria were
 able to provide accurate and precise
 data as evidenced by the quality control
 data collected when the Information
 Collection Rule samples were analyzed
 (Fair et al 2002). Of the 1,250
 Information Collection Rule samples
 that were fortified with known amounts
 of HAAs, the median recovery was
 103% and the recoveries ranged
 between 89% and 120% in 80% of the
 fortified  samples. There were 1,211
 Information Collection Rule samples
 that were analyzed in duplicate and the
 median relative percent difference for
 those HAAS analyses was 4%. Ninety
 percent of the analyses had RPDs less
 than 21%. EPA believes laboratories
 that are certified using  the ±40% criteria
 in PE studies should be capable of
 performing at a level comparable to the
 Information Collection Rule
 laboratories.
               EPA believes chlorite PE samples
              should be evaluated using a ±30%
              criteria. Over 70% of the laboratories
              could meet this requirement for chlorite
              in the WS studies.
               The percentage of passing labs for
              bromate is almost 60% when a ±30%
              criteria is applied to the WS study data.
              Since the data do not accurately reflect
              the bromate methods that are now being
              used by laboratories, EPA believes a
              greater percentage of laboratories would
              pass the bromate PE study using today's
              technology. Unfortunately, EPA does
              not have the data to verify this
              assumption, because EPA no longer
              conducts PE studies. Even if the
              assumption is flawed, a 57% acceptance
              rate would still provide enough certified
              laboratories to handle the number of
              bromate samples required  for
              compliance monitoring under the Stage
              1 DBPR.
               The proposed acceptance criteria are
              listed in Table V-20.
                  TABLE V-20.—PROPOSED PERFORMANCE EVALUATION (PE) ACCEPTANCE CRITERIA
                        DBP
              Acceptance
                 limits
                (percent)
                     Comments
TTHM
    Chloroform
    Bromodichloromethane
    Dibromochloromethane
    Bromoform
HAAS
    Monochloroacetic Acid
    Dichloroacetic Acid
    Trichtoroacetic Acid
    Monobromoacetic Acid
    Dibromoacetic Acid
Chlorite
Bromate
                  ±20
                  ±20
                  ±20
                  ±20

                  ±40
                  ±40
                  ±40
                  ±40
                  ±40
                  ±30
                  ±30
Laboratory must meet all 4 individual THM acceptance limits in
  order to successfully pass a PE sample for THMs.
Laboratory must meet the acceptance limits for 4 out of 5 of
  the HAAS  compounds  in order to  successfully pass  a PE
  sample for HAAS.
  EPA is also proposing that the PE
acceptance limits described previously
become effective within 60 days of
promulgation of the final rule. This will
allow the laboratory certification
program to implement the fixed limits
as soon as possible. Laboratories that
were certified under the Stage 1 PE
             acceptance criteria would be subject to
             the new criteria when it is time for them
             to analyze their annual DBP PE
             samples(s).

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  49620
Federal  Register/Vol. 68. No. 159/Monday. August  18,  2003/Proposed Rules
  3. What minimum reporting limits are
  being proposed?
    The Consumer Confidence Reports
  Rule (USEPA 1998i) requires that all
  detected regulated contaminants be
  reported in the annual reports, but
  detection is not defined for the DBF
  contaminants. This rule addresses the
  deficiency by proposing reporting limits
  for the regulated DBFs.
    Laboratories that analyze compliance
  samples must be able to reliably
  measure the DBFs at concentrations
  below the MCL. Laboratories must also
  be able to measure the individual TTHM
  and HAAS compounds at levels that are
  much lower than the MCLs for these
  compound classes, because the MCLs
  are based on the sum of the individual
  compound concentrations.
    Historically, EPA has used practical
  quantitation levels to estimate the
  lowest concentration at which
  laboratories can be expected to provide
  data within specified limits of precision
  and accuracy during routine operating
  conditions (USEPA  1985). The estimates
                      are based on PE data, if available, or are
                      set at five or ten times the method
                      detection level.
                        In today's rule, EPA is proposing an
                      alternate approach for establishing the
                      lowest concentration for which
                      laboratories are expected to report
                      quantitative data for DBPs. The
                      approach is based on a unique data set
                      from the Information Collection Rule.
                      Laboratories were required to meet
                      specific quality control criteria when
                      they analyzed samples for the
                      Information Collection Rule. The rule
                      established a regulatory minimum
                      reporting level (MRL) for each analyte
                      and laboratories were required to
                      demonstrate they could accurately
                      measure at these concentrations each
                      time a set of samples was analyzed. The
                      regulatory MRLs were based on
                      recommendations from experts who
                      were experienced in DBF  analyses and
                      were set at concentrations for which
                      most laboratories were expected to be
                      able to meet the precision and accuracy
                      criteria under normal operating
                      conditions. Most samples were also
  expected to contain concentrations
  greater than the specified MRLs.
    EPA evaluated the data from the
  Information Collection Rule to
  determine if the laboratories were able
  to reliably measure down to the
  required MRL concentrations. Precision
  and accuracy data from the calibration
  check standards prepared at the MRL
  concentrations (listed in Table V-21)
  were examined. The data indicated most
  laboratories were able to provide
  quantitative data for samples with these
  concentrations.
    Because laboratories demonstrated the
  capability to meet the Information
  Collection Rule MRLs, EPA believes it is
  reasonable to expect similar
  performance during the analyses of DBF
  compliance monitoring samples. In
  today's rule, EPA is proposing to
  incorporate MRL requirements into the
  laboratory certification program  for
  DBPs and to use regulatory MRLs as the
  minimum concentrations that must be
  reported as part of the Consumer
  Confidence Reports (§ 141.151(d)).
                      TABLE V-21.—PROPOSED MINIMUM REPORTING LEVEL (MRL) REQUIREMENTS

DBP
TTHM
Chloroform 	
Bromodichloromethane 	
Dibromochloromethane 	
Bromoform 	
HAAS
Monochloroacetic Acid 	
Dichloroacetic Acid 	
Trichloroacetic Acid 	
Monobromoacelic Acid 	
Dibromoacetic Acid 	
Chlorite 	
Bromate 	

MRL
Information
collection
rule












(M9/L)
Proposed stage
2DBPR













Comments











Laboratories that use EPA Methods 317.0 Revision
2.0, 326.0, or 321.8 must meet a 1.0 jig/L MRL
for bromate.
  As part of the request for certification,
 EPA is proposing to require laboratories
 to demonstrate they can reliably
 measure concentrations at least as low
 as the ones listed in Table V-21 in order
 to be certified for those parameters. This
 would mean that the calibration curve
 must encompass the proposed
 regulatory MRL concentration and that
 the laboratory must verify the accuracy
 of the calibration curve at the lowest
 concentration for which quantitative
 data are reported by analyzing a
 calibration check standard at that
 concentration prior to analyzing each
batch of samples. (Laboratories would
analyze a check standard at the
                    specified MRL concentration daily or
                    each time samples are analyzed.) The
                    measured concentration for this check
                    standard must be within ±50% of the
                    expected value. Laboratories may
                    choose to report quantitative data at
                    concentrations lower than the proposed
                    regulatory MRLs as long as the required
                    accuracy criteria (±50% of the expected
                    value) is met by daily analyzing
                    standards at the lowest reporting limit
                    chosen by the laboratory.
                      Laboratories were not given the
                    opportunity to report concentrations
                    lower than the specified MRLs during
                    the Information  Collection Rule. Some
                    laboratories indicated they have met the
precision and accuracy criteria at lower
concentrations, so EPA believes that
each laboratory should have the
flexibility to continue using its own
reporting limits as long as the laboratory
MRLs are not higher than the regulatory
ones proposed in this rule. This
flexibility would minimize the cost of
implementing the regulatory MRL
requirements, because the laboratory
would not have to make changes in its
established quality control procedures
unless its procedures are less stringent
than those being proposed today.
Requiring a laboratory to adopt
regulatory MRLs that are higher than the
laboratory reporting limits currently in

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                Federal Register/Vol.  68, No. 159/Monday, August  18,  2003 / Proposed Rules
                                                                     49621
use offers no advantage and could
increase analytical costs. The capability
to provide quantitative data at the
laboratory's MRL or the regulatory MRL
would need to be demonstrated on a
daily basis by analyzing a check
standard at that concentration and by
achieving a recovery in the range of 50
to 150%.
  The proposed regulatory MRL for
MCAA is 2.0 Mg/L based on the
Information Collection Rule
performance data. However, MCAA was
not present at concentrations higher
than this in more than half of the
samples analyzed for HAAs during the
Information Collection Rule (USEPA
2003o). Some laboratories reported that
they could have provided quantitative
data for MCAA down to concentrations
as low as 1.0 ug/L.
  EPA is proposing a regulatory MRL
For chlorite that is much higher  than can
sasily be achieved using the approved
3r proposed methods. The MRL
specified during the Information
Collection Rule was 20. Ug/L and
laboratories were able to successfully
abtain quantitative data at that level.
However, in the context of this rule,
SPA believes that requiring laboratories
;o verify their calibration curves down
to 20. ug/L each time samples are
analyzed is unnecessary. This is because
chlorite analyses are only performed on
samples from water plants that use
:hlorine dioxide and most of the
upplied chlorine dioxide is converted to
Chlorite, so the concentrations that are
expected in most compliance
nonitoring samples will be much higher
:han 20. ug/L. (The Information
Collection Rule data showed a median
chlorite concentration of 380 ug/L in the
inished water and 333 Ug/L as the
distribution system average in systems
asing chlorine dioxide (USEPA  2003o).)
iPA is proposing a regulatory MRL of
iOO. ug/L for chlorite, because most of
:he samples are expected to contain
concentrations higher than  200. Ug/L.
Fhe MCL for chlorite is 1.0 mg/L (1,000
ig/L). EPA recognizes that setting the
•egulatory MRL for chlorite based on the
concentrations expected to  be found in
he samples rather than the sensitivity
jf the analytical method is inconsistent
tfith the approach taken for other
compounds in this rule. Nevertheless,
SPA believes setting the MRL based on
iccurrence information is appropriate
jecause it will not compromise the
:ompliance data. Water systems would
lave the option of requiring that
aboratories establish a lower reporting
imit when their samples are analyzed
ind EPA would encourage this in cases
n which the samples consistently
:ontain chlorite concentrations that are
 <200. Ug/L. If a lower reporting limit is
 used, then the laboratory will be
 required to meet the precision and
 accuracy requirements at that lower
 concentration by daily successfully
 analyzing a check standard at the
 laboratory reporting limit concentration
 prior to analyzing compliance samples.
 EPA believes very few water systems
 will request more sensitive chlorite
 analyses, because their samples won't
 have low enough concentrations to
 require it.
  EPA is proposing two regulatory
 MRLs for bromate analyses in today's
 rule. This is because the traditional ion
 chromatographic (1C) methods using
 conductivity  detection (EPA Method
 300.1 and ASTM Method 6581-00) are
 only capable  of quantitating down to 5.0
 Ug/L while the new 1C methods using
 either post column reactions with UV/
 Vis detection (EPA Methods 317.0
 Revision 2.0 and 326.0) or 1C followed
 by ICP-MS detection (EPA Method
 321.8) can reliably quantitate bromate
 concentrations as low as 1.0 ug/L. EPA
 believes it is appropriate to set the
 regulatory MRL based on the capability
 of the method. (EPA has published
 detection limits for inorganic
 contaminants based on method
 capability (§ 141.23(a)(4)(i)J, so the
 approach proposed today is consistent
 with previous regulations.) If the
 regulatory MRL is based on the most
 sensitive method, then the routine 1C
 methods could no longer be used even
 though they are adequate for
 demonstrating compliance with the
 bromate MCL. If the regulatory MRL is
 set using the least sensitive method,
 then the feasibility for reduced bromate
 monitoring based on a running annual
 average of <0.0025 ug/L (<2.5 Ug/L)
 would not be adequately demonstrated
 based on data reported with a reporting
 limit of 5.0 Ug/L.
  EPA is proposing MRLs as part of the
 certification process. Laboratories
 would be required to demonstrate they
 can reliably quantitate at the specified
 MRL concentration when their current
 DBF certification is subject to renewal
 or if they are applying for certification
 for DBP methods for the first time.
 (Demonstration would be accomplished
 by providing precision and accuracy
 data from the analyses of check
 standards at or below the regulatory
 MRL concentration over a several day
period. The laboratory's standard
 operating procedure for HAAS analyses
would include a requirement to daily
meet the MRL accuracy criteria for a
check standard at orbeiow the
regulatory MRL concentration.)
Although ensuring laboratories can meet
the regulatory MRLs is a new
certification requirement, EPA does not
believe this significantly increases the
time required to review a laboratory
prior to certification. Each DBP method
requires the laboratory to generate a
similar set of data at a higher
concentration and to meet specific
accuracy and precision criteria as part of
the initial demonstration of laboratory
capability to perform the method;
review of the MRL data set will be
comparable to what is already being
done. This new requirement will ensure
that laboratories can reliably analyze
samples that contain low concentrations
of DBFs on an on-going basis.
  EPA is also proposing to require the
regulatory MRLs be used for compliance
reporting by the Public Water Systems.
Finally, the regulatory MRLs would be
used when Public Water Systems inform
customers of their water quality relative
to DBP concentrations in the annual
Consumer Confidence Reports.

4. What Are the Requirements for
Analyzing IDSE Samples?
  EPA is proposing that the TTHM and
HAA5 samples collected for the Initial
Distribution System Evaluations (IDSE)
and the system specific studies
conducted in lieu of IDSEs be analyzed
by certified laboratories. EPA recognizes
that this will require additional
laboratory capacity during the time
period in which these studies are
conducted. The largest challenge will be
in developing the capacity to analyze
the samples for the water systems that
must complete the studies, analyze the
data, and recommend Stage 2 DBP
sampling sites within two years of the
promulgation date of the rule. However,
EPA believes commercial laboratories,
in particular, will be able to expand
their capacity to meet the demand based
in the information presented below.
  Assuming no waivers or system-
specific studies, the number of IDSE
samples is estimated to be between
14,000 and 21,000 per month in the first
round of IDSE monitoring, depending
on whether the monitoring requirements
are based on population or number of
treatment plants, respectively.
Laboratories should easily be able to
accommodate this increase in TTHM
samples, because experience performing
TTHM analyses is spread across a large
number of laboratories. Hundreds of
laboratories have been certified for
TTHM analyses, since certification was
first required in 1979. There were close
to 600 laboratories certified to perform
TTHM analyses in 1991. In the 1996-
1998 period, there were over 800
laboratories participating in the PE
studies for TTHMs and 600 of those
laboratories were capable of meeting the

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Federal Register/Vol. 68, No.  159 /Monday, August 18, 2003/Proposed Rules
 TTHM PE acceptance criteria proposed
 in today's rule. Many water system
 laboratories are certified to perform
 TTHM analyses and will be able to
 incorporate the IDSE TTHM samples
 from their systems into the laboratory
 schedule. It is reasonable to expect that
 commercial laboratories will be able to
 handle the remainder of the TTHM
 samples. (EPA does not have a current
 estimate of the number of laboratories
 certified to perform TTHM analyses.
 However, if the number of IDSE samples
 from large systems was evenly spread
 over the 600 laboratories that were
 certified in 1991, this would be less
 than 40 additional samples per month
 for each laboratory. Analysis of 40
 TTHM samples would involve less than
 two days of analyst and instrument time
 which does not seem unreasonable for
 commercial laboratories to
 accommodate.)
   Analyses of the HAAS samples will
 present a greater challenge, because
 certification is relatively new for this
 measurement. EPA anticipates that most
 of the HAAS samples will be analyzed
 by commercial and Slate laboratories,
 because the methods  are more complex
 than the TTHM analyses and monitoring
 was not widely required until January
 2002. Laboratories were not required to
 be certified to perform HAAS analyses
 until January 2002. However, the PE
 Study results from 1996-4998 indicate
 that over 130 laboratories were
 performing HAAS analyses during that
 time frame and approximately 100 of
 those laboratories were capable of
 meeting the HAAS PE acceptance
 criteria proposed in today's rule.
 Ninety-four laboratories were approved
 to perform HAA analyses during the
 Information Collection Rule; twenty-
 seven of them were commercial
 laboratories and nine  were State
 laboratories. EPA anticipates that large
 commercial laboratories already
 certified to perform HAA5 analyses will
 recognize this market potential and add
 staff and instrumentation to
 accommodate the increased demand.
  Most systems serving <10,000 people
will not begin their IDSE studies until
 after the large systems have completed
their studies. Even though the potential
number of samples is  greater, the small
systems have two additional years in
which to complete their studies, so
there is more opportunity to schedule  .
the sampling in such a manner that
laboratory capacity is  maintained. The
laboratory capacity should be readily
available by the time analyses of these
samples are required.
                      5. Request for Comments
                        EPA requests comments concerning
                      the appropriateness of the proposed PE
                      acceptance criteria.
                        EPA solicits comments as to whether
                      an MRL lower than 2 ng/L is feasible for
                      MCAA  and if so, what should that MRL
                      concentration be?
                        EPA requests comments concerning
                      whether the MRL for chlorite should be
                      based on the sensitivity of the method
                      (i.e., 20. ug/L) or on the expected
                      concentration range of the samples (i.e.,
                      200. ug/L).
                        EPA solicits comments concerning
                      which MRL approach should be
                      considered forbromate. Specifically,
                      should EPA set the MRL based on the
                      capability of the method which would
                      mean that two different MRLs are
                      defined or should one MRL be
                      established based on either the least or
                      most sensitive method?
                        EPA requests comments concerning
                      the appropriateness of the MRL
                      certification requirements and whether
                      additional certification requirements
                      should be considered.
                        EPA solicits comments on the
                      availability of laboratory capacity to
                      perform TTHM and HAAS analyses for
                      IDSE studies.

                      VI. State Implementation
                       This section describes the regulations
                      and other procedures and policies States
                      would have to adopt to implement the
                      Stage 2 DBPR, if finalized as proposed
                      today. States must continue to meet all
                      other conditions of primacy in 40 CFR
                      part 142.
                       The SDWA establishes requirements
                      that a State or eligible Indian Tribe must
                      meet to  assume and maintain primary
                      enforcement responsibility (primacy) for
                      its public water systems. These SDWA
                      requirements include: (1) adopting
                      drinking water regulations that are no
                      less stringent than Federal drinking
                      water regulations, (2) adopting and
                      implementing adequate procedures for
                      enforcement, (3) keeping records and
                      making reports available on activities
                      that EPA requires by regulation, (4)
                      issuing variances and exemptions (if
                     allowed by the State), under conditions
                     no less stringent than allowed under the
                      SDWA, and (5) adopting and being
                     capable  of implementing an adequate
                     plan for the provision of safe drinking
                     water under emergency situations.
                     General  rule implementation activities
                     include notifying systems of rule
                     requirements, updating internal and
                     external databases, providing training
                     and technical assistance, and reviewing
                     (and, if necessary, approving)
                     monitoring and other reports and plans.
  To receive primacy for the Stage 2
 DBPR, when final, States will be
 required to adopt the following new or
 revised requirements under their own
 regulations:
 —Section 141.33(a) and (f), Record
  maintenance;
 —Section 141.64, MCLs for disinfection
  byproducts;
 —Subpart L, Disinfectant Residuals,
  Disinfection Byproducts, and
  Disinfection Byproduct Precursors;
 —Subpart O, Consumer Confidence
  Reports;
 —Subpart Q, Public Notification of
  Drinking Water Violations;
 —Subpart U, Initial Distribution System
  Evaluation; and
 —Subpart V, Stage 2B Disinfection
  Byproducts Requirements.
  In addition to adopting basic primacy
 requirements specified  in 40 CFR part
 142, States are required to address
 applicable special primacy conditions.
 Special primacy conditions pertain to
 specific regulations where
 implementation of the rule involves
 activities beyond general primacy
 provisions. The purpose of these special
 primacy requirements in today's
 proposal is to ensure State flexibility in
 implementing a regulation that: (1)
 Applies to specific system
 configurations within the particular
 State and (2) can be integrated with a
 State's existing Public Water Supply
 Supervision Program. States must
 include these rule-distinct provisions in
 an application for approval or revision
 of their program. These primacy
 requirements for implementation
 flexibility are discussed in the following
 section.

 A. State Primacy Requirements for
 Implementation Flexibility
  To ensure that a State program
 includes all the elements necessary for
 an effective and enforceable program
 within that State under  today's rule, a
 State primacy application must include
 a description of how the State will
 review IDSE reports and approve new or
 revised monitoring sites for long-term
DBP compliance monitoring. If a State
will use the authority to grant blanket
waivers for IDSE requirements to very
 small systems, it must comply with the
special primacy provision for granting
such waivers. A State that intends to use
the  authority for addressing consecutive
system monitoring requirements must
include a description of how it intends
to implement that authority. A State
primacy application must also include a
description of how the State will require
systems to identify significant
excursions.

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                Federal Register/Vol. 68, No.  159/Monday, August  18,  2003/Proposed Rules
                                                                     49623
3. State Recordkeeping Requirements
 The current regulations in § 142.14
equire States with primacy to keep
Carious records, including analytical
esults to determine compliance with
ACLs, MRDLs, and treatment technique
equirements; system inventories; State
ipprovals; enforcement actions; and the
ssuance of variances and exemptions.
  e proposed Stage 2 DBPR requires
hat the State keep records related to
ny decisions made pursuant to the
equirements in subparts U and V, plus
;opies of IDSE reports submitted by
ystems until those reports are reversed
ir revised in their entirety. Today's
troposal also includes a revision to the
itate recordkeeping requirements that
equires States to maintain records of
)BP monitoring plans submitted by
lublic water systems until superceded
y a new system monitoring plan.

". State Reporting Requirements
 EPA currently requires in § 142.15
bat States report information such as
iolations, variance and exemption
tatus, and enforcement actions to EPA.
'he proposed Stage 2 DBPR will not
dd any additional reporting
squirements.

?. Interim Primacy
 On April 28,1998, EPA amended its
itate primacy regulations at 40 CFR
42.12 to incorporate the new process
ientified in the 1996 SDWA
tmendments for granting primary
nforcement authority to States while
leir applications to modify their
rimacy programs are under review (63
R 23362) (USEPA 1998J). The new
rocess grants interim primary
nforcement authority for a new or
 vised regulation during the period in
/hich EPA is making a determination
nth regard to primacy for that new or
 vised regulation. This interim
nforcement authority begins on the
ate of the complete primacy
pplication submission or the effective
ate of the new or revised State
jgulation, whichever is later, and ends
'hen EPA makes a final determination.
lowever, this interim primacy authority
; only available to a State that has
rimacy for every existing NPDWR in
Ffect when the new regulation is
romulgated.
 As a result,  States that have primacy
>r every existing NPDWR already in
:fect may obtain interim primacy for
lis rule, beginning on the date that the
tate submits the application for this
lie to EPA, or the effective date of its
svised regulations, whichever is later.
i addition, a State which wishes to
rtain interim primacy for future
 NPDWRs must obtain primacy for this
 rule.

 E. IDSE Implementation
   As discussed in section V.J., many
 systems will be performing certain IDSE
 activities prior to their State receiving
 primacy. During that period, EPA will
 act as the primacy agency, but will
 consult and coordinate with individual
 States to the extent practicable and to
 the extent that States are willing and
 able to  do so. In addition, prior to
 primacy, States may be asked to assist
 EPA in identifying and confirming
 systems that are required to comply
 with certain IDSE activities. Once the
 State has received primacy, it will
 become responsible for IDSE
 implementation activities.

 F. State Burden
   Section VII of today's document
 contains an analysis of the burden that
 this rule will place on States in
 receiving primacy and implementing
 this rule.
 G. Request for Comment
  EPA requests comment on the State
 implementation requirements including
 the special primacy requirements.

 VII. Economic Analysis
  This section summarizes the Health
 Risk Reduction and  Cost Analysis
 (HRRCA) in support of the Stage 2 DBPR
 as required by section 1412(b)(3)(C) of
 the 1996 SDWA. In addition, under
 Executive Order 12866, Regulatory
 Planning and Review, EPA must
 estimate the costs and benefits of the
 Stage 2  DBPR in an Economic Analysis
 (EA). EPA has prepared an EA to
 comply with the requirements of this
 order and the SDWA Health Risk
 Reduction and Cost Analysis (HRRCA)
 (USEPA 2003i). SDWA (Section 1412
 (b)(4)(C)) also requires the Agency to
 determine that the benefits of the
 promulgated rule would justify the costs
 of compliance. The proposed EA is
 available in the docket and is also
 published on the Agency's web site:
 h ttp://www.epa.gov/edocket.
  It is important to note that the
 regulatory options considered by the
 Agency  are the direct result of an
 Advisory Committee process that
 involved various drinking water
 stakeholders. More information on this
process  is discussed in sections II and
V of today's preamble.
  In order to analyze both benefits and
costs of  the proposed rule and other
regulatory alternatives considered by
the Agency, EPA relied on several data
sources  to understand DBF occurrence,
an analytical model to predict treatment
 changes and changes in DBP
 occurrence, and input and analysis from
 expert technical review panels to assist
 with model validation and technology
 selection. A brief description of the
 process is outlined in section VILE, but
 a more detailed explanation of the
 analytical process is in the EA for the
 proposed Stage 2 DBPR (USEPA 2003i).
   The Stage 2 DBPR economic impact
 analysis uses a model, (referred to as the
 Surface Water Analytical Tool or
 SWAT) and information collected under
 the Information Collection Rule to make
 predictions about finished water and
 delivered water DBP levels, as well as
 predicting technology changes
 necessary for systems to comply with
 rule alternatives. Specifically, SWAT
 estimates post-Stage 1 DBPR (pre-Stage
 2} and post-Stage 2 DBPR DBP levels
 and likely technology choices by the
 industry to achieve compliance. For
 smaller systems and for all ground water
 systems, expert panels considered
 occurrence data and  current treatment
 technology specific to these systems and
 used this information to predict
 technology treatment changes that may
 result from this proposed rule.
   Both benefits and costs are presented
 as annualized values. The process
 allows comparison of cost and benefit
 streams that are variable over a given
 time period. The time frame used for
 both benefit and cost comparisons is 25
 years; approximately five years account
 for rule implementation and 20 years for
 the average useful life of the equipment.
 The Agency uses social discount rates of
 both three percent and seven percent  to
 calculate present values from the stream
 of benefits and  costs and also to
 annualize the present value estimates.
 The EA for the proposed rule (USEPA
 2003i) also shows the undiscounted
 stream of both benefits and costs over
 the 25 year analysis period.

 A. Regulatory Alternatives Considered
 by the Agency
   Today's proposed Stage 2 DBPR
 represents the second of a set of rules
 that address public health risks from
 DBFs. The Stage 1 DBPR was
 promulgated to  decrease average
 exposure to DBFs and associated health
 risks by focusing compliance on MCLs
 based on average concentrations of
 TTHM and HAAS within the
 distribution system. Today's proposed
 Stage 2 DBPR further reduces exposure
to chlorinated DBFs by basing
 compliance on the LRAA of TTHM and
HAAS concentrations at each sampling
point within the distribution system.
Section V illustrated the  LRAA concept
and differences  in the two compliance
calculation methodologies. In addition,

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Federal Register/Vol. 68, No. 159/Monday, August 18,  2003/Proposed Rules
section V provided a comparison of the
regulatory options considered. This
subsection will summarize the
comparison of options and subsection
VILB. will outline the exposure analyses
that led EPA to propose the preferred
option and will present the predicted
national occurrence distributions that
were used to quantify predicted
exposure reductions from today's
proposed rule. A detailed discussion of
EPA's exposure analyses can be found
in the Economic Analysis for the Stage
2 DBPR (USEPA 2003i).
  There are two components in the
Agency's M-DBP regulatory
development process that are
particularly relevant to evaluation of
options discussed in today's proposal:
(1) the data synthesis and evaluation
resulting from the Information
Collection Rule; and (2) the analysis and
recommendations of the M-DBP
Advisory Committee. Data from the
Information Collection Rule were used
with the SWAT model to estimate the
national distributions of DBP
occurrence. The Advisory Committee
considered several questions during the
negotiation process, including:
—What are the remaining health risks
  after implementation of the Stage 1
  DBPR?
—What are approaches to addressing
  these risks?
—What are the risk tradeoffs that need
  to be considered in evaluating these
  approaches?
—How do the estimated costs of the
  approach compare to reductions in
  peak occurrences and overall
  exposure for that approach? How does
  this measure (ratio of costs to
  exposure reduction) compare among
  the approaches?
                       The Advisory Committee considered
                      the DBP occurrence estimates and
                      characteristics of these distributions to
                      be important in understanding the
                      nature of public health risks. Although
                      the Information Collection Rule data
                      were collected prior to promulgation of
                      the Stage 1 DBPR, the data support the
                      concept that a system could be in
                      compliance with the Stage 1 DBPR
                      MCLs of 0.080 mg/L and 0.060 mg/L for
                      TTHM and HAAS, respectively, and yet
                      have points in the distribution system
                      with either periodically or consistently
                      higher DBP levels (see section IV).
                       Based on these findings, and in order
                      to address disproportionate risk within
                      distribution systems, the Advisory
                      Committee discussed an array of options
                      that would base compliance on
                      exposure at specific sampling locations
                      rather than on average exposures for the
                      entire distribution system. These
                      included options for determining
                      compliance as an LRAA (requiring
                      systems to meet the MCL at individual
                      sampling locations as a running annual
                      average) or as absolute maximums
                      (requiring that no samples taken exceed
                      the MCL concentration), in addition to
                      a combination of these approaches. For
                      example, the Advisory Committee
                      reviewed the exposure reductions for a
                      number of approaches based on
                      different LRAA and absolute maximum
                      incremental MCL levels, and
                      combinations of an LRAA approach
                      with a companion absolute maximum
                      for a variety of different concentration
                      levels. The Advisory Committee also
                      evaluated the associated technology
                      changes and costs for these alternatives.
                      In the process of narrowing down
                      alternatives based on this vast amount
                      of information, the Advisory Committee
                      primarily focused on four types of
alternative rule scenarios illustrated
next.

Preferred Alternative

—Long-term MCLs of 0.080 rng/L for
  TTHM and 0.060 mg/L for HAAS as
  LRAAs.
—Bromate MCL remaining at 0.010 mg/
  L.

Alternative 1

—Long-term MCLs of 0.080 mg/L for
  TTHM and 0.060 mg/L for HAAS as
  LRAAs.
—Bromate MCL of 0.005 mg/L.

Alternative 2

—Long-term MCLs of 0.080 mg/L for
  TTHM and 0.060 mg/L for HAAS as
  absolute maximums for individual
  measurements.
—Bromate MCL remaining at 0.010 mg/
  L.

Alternative 3

—Long-term MCLs of 0.040 mg/L for
  TTHM and 0.030 mg/L for HAAS as
  anRAA.
—Bromate MCL remaining at 0.010 mg/
  L.
  Figure VII—1 shows how compliance
would be determined under each of the
TTHM/HAA5 alternatives described and
the Stage 1 DBPR for a hypothetical
large surface water system. This
hypothetical system has one treatment
plant and measures TTHM in the
distribution system in four locations per
quarter (the calculation methodology
shown would be the same for HAAS).
Ultimately, the Advisory Committee
recommended the Preferred Alternative
in combination with an IDSE
requirement.
BILLING CODE 6560-50-P

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               Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed Rules
                                                                  49625
        Figure VI!-1. Calculations of Compliance for the Regulatory Alternatives Considered
                        I     iBasis of Compliance
                               Violation of MCL
                         Stage 1 DBPR
                         TTHM MCL = 80 ug/L measured as an RAA
                         No exceedance of MCL

Q1
Q2
Q3
Q4
LOG, 1
100
75
55
60
L Loc. 2
40
50
45
55
LOG. 3
50
40
55
40
LOG. 4
50
100
110
75
RAA
Qtriy Avg.
60
66
66
58
r 63 "~l
                         Preferred Stage 2 DBPR Alternative and Alternative 1*
                         TTHM MCL = 80 M9/L measured as an LRAA
                         LRAA at Location 4 exceeds MCL

Q1
Q2
Q3
Q4
LRAA
^•MBH^^H
Loc. 1
100
75
55
60
—7"]
Loc. 2
40
50
45
55
[ 48 	
Loc. 3
50
40
55
40
Li"4!.:
Loc. 4
50
100
110
75 . |
84 |
                         *The Preferred Alternative and Alternative 1 have the same TTHM MCL;
                         they differ only in regard to the bromate MCL

                         Alternative 2
                         TTHM MCL = 80 ug/L measured as a single Highest value
                         Three samples at Locations 1 and 4 exceed MC.L
1 Loc. 1
Q1 [i 100 |
Q2 | 75 j
Q3 1 55 J
Q4 | 60 I
Loc. 2 j Loc. 3
40 ! 50 j
50 |__ 40
45 | 55
55 | 40
Loc. 4
50
100
110
I 75 J
                        Alternative 3
                        TTHM MCL = 40 ug/L measured as an RAA
                        RAA exceeds MCL

Q1
Q2
Q3
Q4
Loc. 1
100
75
55
60
Loc. 2
40
50
45
55
LOG. 3
50
40
55
40
Loc. 4
50
100
110
75
RAA
Qtrly Avg.
60
66
66
58
63
 The Preferred Alternative, coupled
 ith the IDSE's refocused sampling (see
 ction V), was recommended by the
 dvisory Committee because this
 >proach addresses the objective of
 ducing potential adverse reproductive
nd developmental health risks. It
chieves this objective by controlling
eak TTHM and HAA5 concentrations
 sites throughout the distribution
system without compromising microbial
protection. At the same time, it will
only require a few higher risk systems
to face the cost of employing additional
advanced technologies. While this
alternative controls the occurrence of
consistently high DBF levels, it is still
possible that individual samples could
exceed the MCL, and consumers could
thus be exposed to higher DBF
concentrations for some portion of the
year. In addition, this alternative will
further reduce average DBF levels as
systems make changes to reduce these
peak concentrations. Subsection VII.B.
will show how today's proposed
requirements are predicted to decrease
exposure risks. The benefits and costs of
each alternative are presented in
subsections VII.C. through VILE.

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Federal Register/Vol. 68, No. 159/Monday, August 18, 2003/Proposed Rules
B. Rationale for the Proposed Rule
Option
  DBP concentrations can be highly
variable throughout a distribution
system and over time at the same
location in a distribution system
(USEPA 2003o). The determination of
compliance with an RAA under the
Stage 1 DBPR requires a system to
average all of their spatially-distributed
samples collected in one quarter of the
year and to combine this average
concentration with the three prior
quarterly averages determined  by the
system. Thus, the RAA-based standard
allows utilities to average spatial and
temporal variability in TTHM and
HAAS samples to determine
compliance, as shown in figure VII-1.
This allows lower results found,
perhaps, nearer a water treatment plant
to offset higher results that might be
found at the ends of the distribution
system. In addition, systems with
multiple plants of differing water
quality (either multiple surface water
plants or surface and ground water
plants) may have particular plant
distribution system sampling locations
with high DBFs that are offset by lower
measurements observed in the portion
of the distribution network served by
other plants.
  Under the Stage 2 DBPR proposed
today, TTHM and HAA5 MCLs will
remain the same, but compliance will be
based on a locational running annual
average (LRAA) for each of the sampling
sites in the distribution system, In
addition, the IDSE requirement will
increase the probability that the
compliance sampling sites will capture
the highest DBF levels in the
distribution system. Thus, the reduction
in DBF exposure from the Stage 1 DBPR
to the proposed Stage 2 DBPR results
from the revised requirements for
compliance calculations combined with
new compliance monitoring sites.
  EPA expects the Stage 2 DBPR, as
proposed, will result in health benefits
by reducing the estimated health risks
associated with the following exposures:
—Individual TTHM/HAA5 occurrences
  significantly exceeding 0.080 mg/L
  and 0.060 mg/L;
—Chronic exposures at individual
  distribution system locations that
                        average more than 0.080 mg/L and
                        0.060 mg/L;
                      —Chronic exposures at all locations in
                        the distribution system by reducing
                        overall system average DBF
                        concentrations; and
                      —Chronic and peak exposures in
                        consecutive systems (systems that
                        purchase treated water from another
                        system).
                        Under the Stage 1 DBPR, high DBF
                      concentrations at specific locations in
                      the distribution system could be masked
                      by spatial and temporal averaging. As
                      discussed in subsection VII.C, short
                      term exposures resulting from these
                      high concentrations may be of concern
                      in regard to potential adverse
                      reproductive and developmental health
                      effects. Chronic exposures at locations
                      having repeated high DBF
                      concentrations may be of concern for
                      cancer endpoints as well. The
                      remainder of this subsection will
                      illustrate how today's proposed rule is
                      expected to reduce "peak" and average
                      exposures to address these health
                      concerns.

                      1. Reducing Peak Exposure
                        EPA used Information Collection Rule
                      data to estimate the reduction in
                      exposure to DBF peaks resulting from
                      the Stage 2 DBPR. Because the
                      Information Collection Rule data
                      represent pre-Stage 1 DBPR conditions,
                      subsets of those plants already in
                      compliance with the Stage 1 DBPR and
                      Stage 2 DBPR were used to estimate pre-
                      Stage 2 and post-Stage 2 occurrence
                      respectively. By comparing these
                      subsets of data, EPA estimated that
                      approximately 69% of plant locations
                      having TTHM peaks greater than 0.080
                      mg/L remaining after the Stage 1 DBPR
                      could be reduced through
                      implementation of the Stage 2 DBPR.
                      EPA conducted this additional peak
                      reduction analysis only for TTHMs and
                      not HAA5s because current
                      epidemiological data only considers the
                      association between TTHM exposure
                      and adverse health impacts (see
                      subsection VII.C). Additional
                      information on reduction of peak
                      exposures can be found in section  5.4.1
                      of the Economic Analysis (USEPA
                      2003i). EPA recognizes that temporal
                      and spatial variability in systems that
need to install treatment to comply with
the Stage 1 DBPR may be different than
in those that do not, perhaps due to low
source water TOC concentrations.
However, EPA does not have data
representing DBF levels post-Stage 1.
EPA requests comment on its approach
of using data from plants in compliance
with Stage 1 DBPR requirements
without implementing additional
treatment as a proxy for post-Stage 1
DBF levels.
2. Reducing Average Exposure
  To quantify the benefits of today's
proposed rule, EPA compared predicted
post-Stage 2 DBPR occurrence and
compared this to the predicted baseline
concentrations after the Stage 1 DBPR to
determine reductions in exposure
resulting from the Stage 2 DBPR. The
SWAT model was the main tool used in
this analysis. SWAT results were used
directly for medium and large surface
water systems. For small surface water
systems and all ground water systems.
Adjustments were made to the SWAT
results to account for different
percentages of plants changing
technology to meet Stage 2 DBPR
requirements. The Economic Analysis
for today's proposed rule (USEPA 2003i;
provides an in-depth discussion of this
analysis.
  Table VII-2 shows the reduction in
average plant-level TTHM and HAAS
concentrations estimated to result from
the Stage 2  DBPR. EPA expects average
DBF levels to decline by 4.7 percent for
all surface water systems. DBP averages
are expected to decline by 2.2 percent
for all large ground water systems and
1.7 percent for all small ground water
systems. These estimates include both
systems already in compliance with the
Stage 2 DBPR and systems making
treatment changes to comply with the
rule. The Agency uses these national
average reductions to quantify the
primary benefit of this rule which is the
estimated range of reduction in bladder
cancer cases nationally. Systems making
treatment changes to comply with the
rule will experience significantly greater
estimated average reductions than the
national average for all systems. Chapter
5 of the EA (USEPA 2003i) includes a
more detailed discussion of this
analysis.
       TABLE VII-2.—REDUCTION IN AVERAGE DBP LEVELS FROM PRE-STAGE 2 TO POST-STAGE 2 {ALL PLANTS)
Source water
SW 	
System size
(population
served)
< 10.000
Average plant-level TTHM concentrations
(H9/L)
Pre-stage 2
35.5
Post-stage
2
33.8
Percent
reduction
4.7
Average plant-level HAA5 concentrations
(H9/L)
Pre-stage 2
25.0
Post-stage
2
23.8
Percent
reduction
4.7

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                Federal Register/Vol. 68, No. 159/Monday,  August 18, 2003/Proposed Rules
                                                                     49627
 TABLE VII-2.—REDUCTION IN AVERAGE DBF LEVELS FROM PRE-STAGE 2 TO POST-STAGE 2 (ALL PLANTS)—Continued
Source water

iW 	

System size
(population
served)
> 10,000
< 10,000
10,000
Average plant-level TTHM concentrations
(H9/L)
Pre-stage 2
35.5
16.0
16.2
Post-stage
2
33.8
15.6
16.0
Percent
reduction
4.7
2.2
1.7
Average plant-level HAA5 concentrations
(H9/I-)
Pre-stage 2
25.0
8.5
8.6
Post-stage
2
23.8
8.3
8.5
Percent
reduction
4.7
2.2
1.7
 Note: Due to rounding, percent reductions calculated from data in the tables may differ from the actual values presented here
 Source: Economic Analysis (USEPA 2003i) Exhibit 5.22b
7. Benefits of the Proposed Stage 2
~>BPR
 As described previously, the Stage 2
 BPR is expected to reduce both peak
nd long-term exposure to DBFs,
 lereby reducing the potential risk of
oth adverse reproductive and
evelopmental health effects and
 ladder cancer. As discussed in section
 I of this preamble, both
 aidemiological and toxicological
vidence suggest a possible increased
 sk for pregnant women and their
etuses who are exposed to DBFs in
rinking water. The Agency believes
nd the Advisory Committee concluded
lat the weight of evidence is enough to
 ke regulatory action to help address
le potential reproductive and
evelopmental endpoints in the Stage 2
BPR. However, data are not available
 this time to conduct a traditional
uantitative risk assessment. Instead,
le benefits from reducing most
eproductive and developmental risks
re discussed qualitatively in this
preamble. For one endpoint, fetal loss,
the Agency provides an illustrative
calculation to explore the implications
of some published results for potential
benefits associated with reducing fetal
losses that may be attributable to certain
DBF exposures.
  In addition to achieving greater
protection from possible adverse
reproductive and developmental health
effects, the rule may provide additional
reduction in bladder cancer cases as the
overall level of DBFs in distribution
systems nation-wide decreases. The
Agency estimated and monetized the
potential benefits from reduction in
bladder cancers resulting from this rule.
Reductions in bladder cancer (including
both fatal and non-fatal cases) provide a
range of annualized present value
benefits from SO to $986 million using
a three percent discount rate ($0 to $854
million using a seven percent discount
rate) depending on the risk level
assumed. These estimates are based on
the assumption that the percent
reductions in TTHM and HAAs will
correspond to the percent reductions in
bladder cancer risk attributed to
populations receiving chlorinated
drinking water as indicated by various
epidemiology studies (USEPA 1998a).
Zero is included in this range because
of the inconsistent evidence regarding
the association between exposure from
DBFs and cancer.
  Other regulatory alternatives
considered by the FACA committee and
the Agency could provide greater
benefits but with greater technology cost
implications. Table VTJ-3 presents
benefits estimates of the proposed Stage
2 DBPR using two population
attributable risks derived from
published studies (2% and 17%) and
assuming there is a causal link between
DBF exposure and bladder cancer. In
subsection VII.G., Table VH-14 shows
potential benefits of all regulatory
alternatives considered by the Agency.
BILLING CODE 6560-50-P

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Federal Register/Vol.  68,  No. 159/Monday,  August  18,  2003/Proposed Rules
       Table VII-3. Benefits Summary for the Stage 2 DBPR, Preferred Regulatory Alternative
       (Millions, 2000$)
Adverse Reproductive and Developmental Health Effects Avoided
Causality has not been established, and numbers and types of cases avoided, as well as the value of such
cases, were not quantified in the primary benefits analysis. Given the numbers of women of child bearing
age exposed (58 million), the evidence indicates that the number of cases and the value of preventing those
cases could be significant. See results of the illustrative calculation in VI! .C.1 .
Number and Value of Estimated Bladder Cancer Cases Avoided 1
Causality has not been established; however, the weight of evidence supports PAR estimates of potential
benefits. Zero is within the range of potential benefits, but evidence indicates that both the number of cases
and the value of preventing those cases could be significant (see below).
PAR
2%
17%
Annual
Average
Cases
Avoided
20.9
182.2
Discount
Rate, WTP for
Non -Fatal
Cases
3%,
Lymphoma
7 % Lymphoma
3 % Bronchitis
7 % Bronchitis
3%,
Lymphoma
7 % Lymphoma
3 % Bronchitis
7 % Bronchitis
Annualized Benefits of Cases Avoided (90 % Confidence Bounds 2)
Value of Fatal Cases
Avoided
$42.8
($7.1 - 97.4)
$37.1
($6.1 - 84.4)
$42.8
($7.1-97.4)
$37.1
($6.1-84.4)
$373.8
($61.8-850.3)
$323.9
($53.6 - 736.7)
$373.8
($61.8-850.3)
$323.9
($53.6 - 736.7)
Value of Non-Fatal
Cases Avoided
$70.2
($10.9-160.7)
$60.8
($9.4-139.3)
$12.1
($5.4 - 22.2)
$10.5
($4.7-19.2)
$612.4
($94.8-1,403.1)
$530.6
($82.1-1,215.6)
$105.5
($47.5-193.5)
$91.6
($41.2-167.9)
Value of Total
Cases Avoided
$113.0
($17.9-258.2)
$97.9
($15.6-223.7)
$54.9
($12.5-119.6)
$47.6
($10.9-103.7)
$986.2
($156.6-2,253.4)
$854.4
($135.8-1.952.3)
$479.3
($109.3-1.043.7)
$415.5
($94.9 - 904.6)
Other Health Benefits
Qualitative assessment indicates that the value of other health benefits could be positive and significant.
Non-Health Benefits
Qualitative assessment indicates that the value of non-health benefits could be positive.
       1. Based on TTHM as indicator. EPA recognizes that the lower bound estimate may be as low as zero since causality
       has not yet been established between exposure to chlorinated water and bladder cancer.
       2. The 90 percent confidence bounds shown in the exhibit reflect uncertainty in the VSL, WTP, and income elasticity
       adjustment.
       Source: Economic Analysis (USEPA 2003i) Exhibit 5.27. Detail may not add to totals due to independent rounding.
  It is important to note that the
monetized benefits only reflect
estimated benefits from reductions in
bladder cancer. As shown in subsection
VH.C.l.and in Table VII-3, there may be
significant nonquantifiable benefits
associated with regulating DBFs in
drinking water. Were EPA able to
quantify some of the currently
                      nonquantifiable health effects and other
                      benefits potentially associated with DBF
                      regulation, monetized benefits estimates
                      could be significantly higher than what
                      is shown in the table. A complete
                      discussion of how EPA calculated the
                      risks and the corresponding health
                      benefits potentially associated with
                      exposure to DBFs in  drinking water can
be found in the Stage 2 DBPR EA
(USEPA 2003i).
  For additional perspective EPA used
updated cancer risk factors for four
DBFs for which we have toxicological
data. Table III-3 (see section III of this
preamble) shows the estimated pre-
Stage 2 concentrations of these four
compounds and the estimated number

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                                                                      49629
of people exposed to them. The Agency
used these four DBFs to calculate an
alternative baseline number of annual
pre-Stage 2 cancer cases. The
calculations use the linearized
multistage model and predict 37 cases
for the EDio risk factors and 87 cases for
the LEDio risk factors. The EDio risk
factors (also known as the maximum
likelihood  estimate) are based on the
estimated dose that the model predicts
will result  in a carcinogenic response in
10 percent of the subjects, while LEDio
risk factors correspond to the lower 95%
confidence bound on the dose that the
model predicts will result in a
carcinogenic response in 10% of the
subjects (LEDio is EPA's more
conservative and more commonly used
expression of lexicologically based
cancer risk). Assuming that DBF risk
reductions for Stage 2 for the entire
population average 4.2% (corresponding
to the reduction in average TTHM
levels), Stage 2 cancer cases avoided
based on the toxicological data range
from 1.7 to 4.0 cases per year. Section
5.2.2.2 of the Economic Analysis
(USEPA 2003i) presents a more detailed
basis for the derivation of these
estimates. It is important to note that
these estimates do not include risks
from dermal or inhalation exposure nor
do they account for many other DBFs (or
the mixture of DBFs seen in actual
PWSs) for which occurrence or
toxicological risk data do not exist.

1. Non-Quantifiable Health and Non-
Health Related Benefits
  Although there are significant
monetized benefits that may result from
this rule from the reduction in bladder
cancer, other important potential
benefits of this rule are not quantified
including potential reductions in
adverse reproductive and
developmental effects and other
cancers.
  The primary purpose of the Stage 2
DBPR is to address potential adverse
reproductive and developmental health
sffects that might be associated with
DBF exposure. EPA concludes that, "the
 pidemiologic data, although not
conclusive, are suggestive of potential
developmental, reproductive, or
:arcinogenic health effects in humans
 xposed to DBFs" (Simmons et al 2002).
SPA does not believe the available
evidence provides an adequate basis for
quantifying potential reproductive/
ievelopmental risks. Nevertheless,
;>iven the widespread nature of exposure
:o DBFs and the priority our society
alaces on reproductive/developmental
lealth, and the large number of fetal
osses experienced each year in the U.S.
nearly 1 million (Ventura et al. 2000)),
 we believe it is important to provide
 some quantitative indication of the
 potential risk suggested by some of the
 published results on reproductive/
 developmental endpoints, despite the
 absence of certainty regarding a causal
 link between disinfection byproducts
 and these risks. To do this, we have
 adapted illustrative PAR calculations
 from several studies on the relationship
 between chlorinated water exposure and
 fetal loss and applied these to  national
 statistics on annual incidence  of fetal
 loss.
   Specifically, we calculate the
 unadjusted population attributable risk
 associated with each of the three
 distinct population-based
 epidemiological studies of feta! loss
 published: Waller et al. 2001, King et al.
 2000a, and Savitz et al. 1995. All three
 are high quality studies that have
 sufficient sample sizes and high
 response rates, adjust for known
 confounders 2, and have exposure
 assessment information from water
 treatment data, residential histories, and
 THM measurements. Because the
 populations in these three studies
 appear to have TTHM exposures
 significantly greater than those of the
 general U.S. population, we have
 chosen to scale the results using
 Information Collection Rule data to
 allow us to derive population
 attributable risks that may be more
 relevant to the general U.S. population
 (USEPA 2003i).
   These three studies (using unadjusted
 data to allow for comparability, and
 scaled to the TTHM levels reported in
 the Information Collection Rule data
 base) yield median PARs of 0.4%, 1.7%,
 and 1.7% (with 95% confidence
 intervals for each of the studies of 0  to
 4%)3. Using the prevalence of fetal loss
 reported by CDC, the median PARs for
 these three studies suggest that the
 incidence of fetal loss attributable to
 exposure to chlorinated drinking water
 could range from 3,900 to 16,700
 annually. As part of the analysis to
 evaluate potential reduction in fetal  loss
 for the Stage 2 DBPR,  EPA assumed that
 reductions in risk are  proportional to
 the 28 percent reductions in the number
 of locations having one or more
 quarterly TTHM measurements that
 exceed the study population cut-offs
 (>75 to >81 ug/1, depending on study).
 This analysis implies that a range of
 1,100 to 4,700 fetal losses could be
  2 Use of unadjusted PAR estimates has the effect
of removing the adjustments for known
confounders, however, EPA helieves the unadjusted
estimates are adequate for purposes of the
illustrative calculations presented here.
  :*The negative lower 95% confidence intervals for
all three studies was truncated at zero.
avoided per year as a result of the Stage
2 rule.
  Caution is required in interpreting the
numbers because many experts
recommend that population attributable
risk-analysis should not be conducted
unless causality has been established.
Causality has not been established
between exposure to disinfection
byproducts and fetal loss. The estimates
presented here are not part of EPA's
quantitative benefits analysis, and the
ranges are not meant to suggest upper
and lower bounds. Rather, they are
intended to illustrate quantitatively the
potential risk implications of some of
the published results.
  EPA has not monetized the value of
potential reductions in fetal  loss, but
recognizes that there is a significant
value associated with improvements in
reproductive and developmental health.
In the absence of valuation studies
specific to the health endpoints of
concern, the Agency typically draws
upon existing studies of similar health
endpoints to estimate benefits. The
"transfer" of the results of these studies
to value similar health endpoints must
be done carefully and methodically,
controlling for differences in the health
endpoints and in the relevant
populations. Some researchers have
attempted to transfer values  using
sophisticated analytical techniques such
as preference calibration methods (e.g..
Smith et al. 2002). Regardless of the
approach used, "benefit transfer"
requires systematic comparison of the
differences in the health effects in the
studies and those resulting from the
regulation. Application of benefit
transfer leads to a detailed qualitative
examination of the implications of using
those studies and potentially to
empirical adjustments to the results of
the existing studies.
  The Agency is investigating further
work specific to the case of fetal loss
valuation. One possible area of further
research is the value that prospective
parents attach to reducing risks during
pregnancy. In this regard, the
substantial lifestyle changes  that
prospective parents often undertake
during pregnancy suggests that reducing
these kinds of risks  is of value. A second
possible area of further investigation
would be work on benefit transfer
methodologies that address how
existing studies can inform the
estimation of the benefits of reduced
fetal loss.
  EPA has not monetized the potential
reductions in fetal loss. Without more
information and discussion on these
subjects the Agency cannot fully
consider and describe the implications
of relying upon existing studies.

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 However, research on valuation and
 benefit transfer continues to progress
 and the Agency anticipates new
 research and future efforts to value
 reproductive and developmental
 endpoints.
   EPA was also unable to quantify or
 monetize the benefit from potential
 reductions in other cancers, such as
 colon and rectal, that may result from
 this rule. Both toxicology and
 epidemiology studies indicate that other
 cancers may be associated with DBF
 exposure but currently there is not
 enough data to quantify or monetize
 these cancer risks.
   Other potential non-health related
 benefits not quantified or monetized in
 today's proposed rule include reduced
 uncertainty about becoming ill from
 consumption of DBFs in drinking water,
 the ability for some treatment
 technologies to eliminate or reduce
 multiple contaminants, and monitoring
 changes that will ensure that systems
 can effectively measure their DBF  levels
 resulting in greater equity in protection
 from DBFs. First, the reduced
 uncertainty concept depends on several
 factors including consumer's degree of
 risk aversion, their perceptions about
 drinking water quality (degreii to which
 they will be affected by the regulatory
 action), and the expected probability
 and severity of human health effects
 associated with DBFs in drinking water.
 This effect could be positive or negative
 depending on whether knowledge  of the
 rule decreases or increases their concern
 about DBFs in drinking water and
 potentially associated health effects.
  Another nonqualified potential
 benefit is the impact of technology
 selection to address DBFs on a system's
 ability to address other contaminants.
 For example, membrane technology
 (depending on pore size), can be used to
 lower DBF formation but it can also
 remove other contaminants that EPA is
 in the process of regulating or
 considering regulating. Therefore, by
 installing membrane technology, a
 system may not have to make new
 capital improvement to comply with
 future regulations.
  Last, today's proposed rule makes
 changes to Stage 1 monitoring
 requirements. The IDSE monitoring
 provision of the proposed Stage 2 DBPR
 will help systems identify locations to
 conduct their routine monitoring to
 capture high DBF occurrence levels.
Also, the proposed Stage 2 DBPR will
prevent a system from conducting
sampling designed  to avoid monitoring
when DBF formation is generally higher.
For example, the Stage 1 DBPR required
systems to take quarterly samples but
samples could conceivably be taken in
                      December (4th quarter) and January (1st
                      quarter) when the waters in the
                      distribution system are colder and DBP
                      formation generally lower. The
                      proposed Stage 2 DBPR addresses this
                      issue by requiring that the samples must
                      be taken about 90 days apart. The
                      benefits of these provisions include the
                      greater certainty that health protection
                      is actually achieved because it is more
                      likely that a system's high DBP levels
                      will be identified. In addition, the rule
                      will reduce variability in the DBP levels
                      throughout the distribution system,
                      ensuring greater equity in public health
                      protection.
                      2. Quantifiable Health Benefits
                        Although DBFs in drinking water
                      have been associated with non-
                      cancerous health effects discussed
                      previously, the quantified benefits that
                      result from today's rule are associated
                      only with estimated reductions in DBF-
                      related bladder cancer. A complete
                      discussion of risk assessment
                      methodology and assumptions can be
                      found in Chapter 5 of the Stage 2 DBPR
                      Economic Analysis (USEPA 2003i).
                      Section III of this preamble also
                      discusses the health effects that have
                      been associated with DBP exposure.
                        The annualized present value benefits
                      for reductions in bladder cancer that are
                      the result of today's rule for both
                      community water system (CWS) and
                      non-transient non-community water
                      systems (NTNCWSs) range from $0 to
                      $986 million using a three percent
                      discount rate ($0 to S854 million using
                      a seven percent discount rate). Overall,
                      the Stage 2 DBPR may reduce on
                      average 0 to 182 bladder cancer cases
                      per year.
                       The lower estimate of zero is included
                      because of inconsistent evidence
                      regarding the association between
                      exposure to DBFs and cancer. The upper
                      estimate of monetized benefits and cases
                      avoided is based on a population
                      attributable risk (PAR) of 17 percent.
                     Table VII-3 also presents monetized
                     benefits based on a PAR value of 2%.
                     The PAR estimates are derived from an
                     analysis of five epidemiological studies
                     which indicate that perhaps 2 to 17
                     percent of bladder cancers may be
                     attributable to DBP exposure. These
                     PAR estimates are described in more
                     detail in section III of today's document.
                     These are the same PAR values that EPA
                     used in the Stage 1 DBPR benefits
                     analysis, as discussed in the Regulatory
                     Impact Analysis for the Stage 1 DBPR
                     (USEPA 1998f). Table VII-3 shows the
                     estimated benefits associated with
                     bladder cancer reduction as a result of
                     the proposed rule. Table VII-4
                     summarizes the mean, median and
 confidence intervals used to value
 reductions in bladder cancer.
   To calculate the total value of benefits
 derived from reductions in bladder
 cancer cases as a result of the Stage 2
 DBPR, a stream of estimated monetary
 benefits is calculated by combining the
 annual cases avoided with valuation
 inputs using Monte Carlo simulation.
 Use of a Monte Carlo simulation allows
 the characterization of uncertainty
 around final modeling outputs based on
 the uncertainty underlying the various
 valuation inputs. The Stage 2 DBPR
 benefits model uses distributions of
 value of statistical life (VSL),
 willingness-to-pay (WTP), and income
 elasticity values to attribute monetary
 values (with uncertainty bounds) to the
 number of bladder cancer cases avoided.
   Several of the inputs needed in the
 benefit analysis, such as the VSL and
 WTP estimates, are based on older
 studies that were updated to current
 dollar values. In addition, both the VSL
 and WTP values are dependent on
 income levels. Therefore, these values
 also have to be adjusted for increases in
 real income growth from when the
 studies were conducted. The valuation
 inputs and an explanation of the update
 factors used to bring these values to
 current price levels and discussed in the
 following two sections.
   Valuation inputs. In order to monetize
 the benefit from the bladder cancer
 fatalities, EPA applied a VSL estimate to
 the cancer cases that result in mortality.
 EPA assumed a 26 percent mortality rate
 for bladder cancer (USEPA 1999d). The
 Agency uses a distribution of VSL
 values which are based  on 26 wage-risk
 studies. The mean VSL value from these
 studies is $4,8 million in 1990 dollars.
 The mean value reflects the best
 estimate in the range of plausible values
 reflected by the 26 studies. A more
 detailed discussion of these studies and
 the VSL estimate can be found in EPA's
 Guidelines for Preparing Economic
 Analyses (USEPA 2000b).
  The VSL represents the value of
 reducing the risk of a premature death.
 This valuation, however, does  not take
 into account the medical costs
 associated with the period of illness
 (morbidity increment) leading  up to a
 death. In its review of the Arsenic Rule,
 the Science Advisory Board (SAB)
 suggested that the appropriate  measure
to use in valuing the avoidance of the
morbidity increment is the medical cost
attributable to a cancer case (USEPA
2001e). Based on available medical data,
EPA estimates the medical costs for a
fatal bladder cancer case to be $93,927
at a 1996 price level (USEPA 1999d).
This medical cost value (updated to
2000 price levels) is applied as a point

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                                                                      49631
jstimate to each fatal case of bladder
;ancer in the benefits model.
 A review of the available literature
lid not reveal any studies that
specifically measured the WTP to avoid
•isks of contracting nonfatal cases of
iladder cancer. Instead, two alternates
  re used, the WTP to avoid the risk of
:ontracting a case of curable lymph
 ancer (lymphoma) and the WTP to
jvoid a case of chronic bronchitis. The
3AB suggested this approach in their
 eview of the Arsenic Rule (USEPA
2001e). The median risk-risk trade-off
'or a curable case of lymphoma was
jquivalent to 58.3 percent of the risk
attributed to reducing the chances of
facing a sudden death and are derived
from the Magat et al. study (1996).
Therefore, the Agency applies the 58.3
percent to the VSL distribution to derive
a range of value for non-fatal cancers
with a mean WTP value of $2.8 million
($4.8 million * 58.3 percent) at a 1990
price level. The WTP for avoiding a case
of chronic bronchitis is based on the
same methodology used for the Stage 1
DBPR (see Stage 2 DBPR EA (USEPA
2003i) for a  complete discussion). The
estimate is based on a lognormal
distribution that uses the risk-dollar
tradeoff estimate and has a mean of
$587,500, standard deviation of
$264,826, and a maximum value of $1.5
million at 1998 price values.
   Update factors. All valuation
parameters must be updated to the same
price level so comparisons can be made
in real terms. Values for VSL, WTP, and
the morbidity increment used in the
model are updated based on adjustment
factors derived from Bureau of Labor
Statistics (BLS) consumer price index
(CPI) data so that each represents a year
2000 price level. Table VII-4
summarizes these updates.
    Table VIM.  VSL, WTP, and Morbidity Increment Price Level Updates
Valuation Parameter
Morbidity Increment
VSL
WTP - Non-Fatal Lymphoma
WTP - Chronic Bronchitis
Base
Year
1996
1990
1990
1998
Mean Value
in Base
Year
(Millions)
$ 0.1
$ 4.8
$ 2.8
$ 0.6
CPI Update
Factor
1.14
1.32
1.32
1.06
Values at Year 2000 Price Level
(Millions)
Mean
$ 0.1
$ 6.3
$ 3.7
$ 0.6
Median
N/A
$ 5.5
$ 3.2
$ 0.6
Lower
(5th %tile)
N/A
$ 1.0
$ 0.6
$ 0.3
Upper
(95th %tile)
N/A
$ 14.5
$ 8.5
$ 1.1
      Notes: Morbidity increment value is presented as a point estimate.
      Source: Economic Analysis (USEPA 20031) Exhibit 5.29
 Although the price level {year 2000) is
leld constant throughout the benefits
node), projections of benefits in future
fears are subject to income elasticity
idjustments. Income elasticity
idjustments represent changes in
valuation in relation to changes in real
ncome. For fatal cancers, the Agency
ised a triangular distribution with a
;entral estimate of 0.40 (low end:  0.08;
ligh end:!.00) to represent the
mcertainty of the income elasticity
ralue. For non-fatal cancers, the Agency
ises a triangular distribution with a
;entra! estimate of 0.45 (low end:  0.25;
ligh end: 0.60). These distributions are
ised as assumptions in the Monte Carlo
iimulation to further characterize
mcertainty in benefits estimates.
 In order to apply the income elasticity
'alues in the model, they are combined
vith projections of real income growth
)ver the time frame for analysis.
 opulation and real gross domestic
)roduct (GDP) projections are combined
o calculate per-capita real GDP values.
\ more detailed discussion of these
idjustments is in Chapter 5 of the EA
USEPA 2003i).
  The development of cancer due to
exposure to environmental carcinogens
involves a complex set of processes that
are not well-understood for most
specific substances. In general, however,
the development of cancer involves
some time period, usually referred to as
the latency period, between the initial
exposure and the manifestation of
disease. Defining a latency period is
highly uncertain because the mode of
action for most chemical contaminants
are poorly understood. Latency periods
in humans often involve many years,
even decades.
  EPA recognizes that despite
uncertainties in the latency period
associated with different types of
carcinogens, it is unlikely that all cancer
reduction benefits would be realized
immediately upon exposure reduction.
If it is assumed that lower risk is
attained immediately upon reduction in
exposure, this would tend to
overestimate the benefits. On the other
hand, assuming that no risk reduction
occurs for some period of time following
exposure reduction may lead to an
underestimation of the benefits. There
will likely be some transition period as
individual risks become more reflective
of the new lower exposures than the
past higher exposures.
  Recently, the Arsenic Rule Benefits
Review Panel of the EPA Science
Advisory Board (SAB) addressed this
issue in detail and provided some
guidance for computing benefits to
account for this transition period
between  higher and lower steady-state
risks (USEPA 2003s). The Arsenic Rule
Benefits Review Panel coined the term
"cessation-lag" to emphasize the focus
on the timing of the attenuation of risk
after reduction in exposures to avoid
confusion with the more traditional
term of "latency" that reflects the
increased risk4 from the time of initial
exposure.
  4 SAB included the following in its report on
arsenic to emphasize this difference; "An important
point is that tho lime to benefits from reducing
arsenic in drinking water may not equal the
estimated time since first exposure to an adverse
effect. A good example is cigarette smoking: the
latency between initiation of exposure and an
increase in lung cancer risk is approximately 20
years. However, after cessation of exposure, risk for
lung cancer begins to decline rather quickly. A
benefits analysis of smoking cessation programs

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Federal  Register/Vol. 68, No. 159/Monday,  August 18,  2003/Proposed Rules
   Although the focus of the cessation
 lag discussion in the SAB review was on
 reducing levels of arsenic in drinking
 water, much of their consideration of
 this issue has more general applications
 beyond just the arsenic issue at hand. In
 particular, SAB noted the following:
   •  The same model should be used to
 estimate the time pattern of exposure
 and response as is used to estimate the
 potency of the carcinogen.
   •  If possible, information about the
 mechanism by which cancer occurs
 should be used in estimating the
 cessation lag (noting that late-stage
 mechanisms in cancer formation imply
 a shorter cessation lag than early stage
 mechanisms).
   •  If specific data are not available for
 characterizing the cessation lag, an
 upper bound for benefits can be
 provided based on the assumption of
 immediately attaining steady-state
 results.
   •  In the absence of specific cessation
 lag data, other models should be
 considered to examine the influence of
 the lag.
   Following the release of the SAB
 report on arsenic, EPA initiated an effort
 to explore approaches to including the
 cessation lag in modeling risk reduction
 and calculating benefits for the arsenic
 regulation. EPA recognized, however,
 that the concept of cessation lag is not
 only applicable to arsenic but to other
 drinking water contaminants having a
 cancer end-point as well.
   In response to the SAB cessation lag
 recommendations, EPA has:
   •  Conducted a study using data on
 lung cancer risk reductions following
 cessation of smoking that resulted in the
 January 2003 report Arsenic in Drinking
 Water: Cessation Lag Model (USEPA
 2003s).
  •  Conducted an expert scientific peer
 review of that draft report.
  •  Initiated development of general
 criteria for incorporating cessation lag
 modeling in benefits analyses for other
 drinking water regulations.
  In the effort to develop a cessation lag
 model specific to DBFs, EPA reviewed
 the available epidemiological literature
 for information relating to the timing of
 exposure and response, but could not
 identify any studies that were adequate,
 alone or in combination, to support a
 specific cessation lag model for DBFs in
 drinking water. Thus, in keeping with
 the SAB recommendation to consider
 other models in the absence of specific
 cessation lag information, EPA explored
the use of information on other
 carcinogens that could be used as a
based on the observed latency would greatly
underestimate th9 actual benefits."
                      indicator to characterize the influence of
                      cessation lag in calculating benefits. The
                      carcinogen for which the most extensive
                      database was available for
                      characterizing cessation lag was for
                      cigarette smoking. EPA examined
                      several extensive epidemiological
                      studies on the comparison of the risks
                      of adverse health effects, including lung
                      cancer, for smokers and former smokers.
                      EPA selected the Hrubek and
                      McLaughlin (1997) study as the most
                      appropriate study for development of a
                      statistical model of disease response to
                      smoking cessation. This was a
                      comprehensive study involving a 26-
                      year follow-up of almost 300,000 U.S.
                      male military veterans. More detail
                      about this study and how it is applied
                      to estimate the cessation lag can be
                      found in Chapter 5 of the EA (USEPA
                      2003i) and the cessation lag document
                      (USEPA 2003s).
                        The smoking cessation lag data imply
                      that the majority of the potential steady
                      state cases avoided occur within the
                      first several years, but with diminishing
                      incremental increases in later years. For
                      exartple, the cessation lag model
                      indicates that approximately 40 percent
                      of the steady-state cases avoided are
                      achieved by the end of the second year,
                      with 70 percent achieved by the end of
                      the fifth year, and approximately 80
                      percent by the tenth year. By the
                      twentieth year, 90 percent of the steady
                      state cases are avoided.
                        EPA recognizes that there are several
                      factors that contribute to the uncertainty
                      in the application of the specific
                      cessation lag model used in the
                      estimation of the benefits of the
                      proposed Stage 2 regulation. A key
                      factor to consider in assessing this
                      impact is the likely mode of action of
                      DBFs in eliciting bladder cancer versus
                      the mode of action of tobacco smoke in
                      producing lung cancer, and in particular
                      whether they behave as initiators or
                      promoters of the carcinogenic process.
                      As discussed in the SAB report and the
                      EPA Cessation Lag report (USEPA
                      2001e, USEPA 2003s), carcinogens that
                      act solely or primarily as initiators
                      would tend to show a longer cessation
                      lag (lower rate of risk reduction
                      following reductions in exposure) than
                      carcinogens that act solely or primarily
                      as promoters. The available information
                      on tobacco smoke and lung cancer
                      suggests that it involves a mixture of
                      both initiators and promoters, and
                      therefore the cessation lag derived from
                      smoking data is expected to reflect the
                      combined influence of these divergent
                      mechanisms. There are no data available
                      on the mechanism of action for DBFs
                      and bladder cancer; indeed the specific
                      carcinogenic agent(s) present in
 disinfected water responsible for the
 observed effect have not been identified.
 The use of the tobacco smoke cessation
 lag model reflecting a mixture of
 initiators and promoters would be
 expected to attenuate a possible bias in
 either direction if the DBFs responsible
 for bladder cancer are acting
 predominately as either initiators or
 promoters.
   Another factor to consider is that the
 cessation lag model used is based upon
 exposure to tobacco smoke where lung
 cancer is the end-point but is being
 applied to exposure to disinfection by-
 products where the end-point is bladder
 cancer. Of concern here is that there is
 a more direct correlation between
 inhalation and the site of cancer for
 smoking than there is for ingestion and
 inhalation of drinking water and the
 sites of cancer for DBF exposure.
 Unfortunately, EPA does  not have data
 on which to develop a cessation lag
 model using  data specific to how
 changes in  DBF exposures affect the
 risks of developing bladder cancer.
   Another divergence, and perhaps the
 most important, between  the smoking
 model and  the DBF application is that
 the smoking model is based on complete
 cessation of exposure, whereas in the
 case of DBP exposure is only being
 reduced, hi some water systems the
 reduction is only 10 percent, whereas in
 others it may be as high as 60 percent,
 with an average of approximately 30%.
 This moderate reduction in exposure
 may prevent full DNA repair, which
 some scientists interpret as the basis for
 the short cessation lag associated with
 smoking.
   Currently, smoking is the only
 contaminant  for which enough data
 exist to estimate a cessation lag. In the
 absence of a reliable cessation lag model
 based specifically on DBFs and bladder
 cancer, EPA used the cessation lag
 model based on smoking to provide a
 means of estimating the rate at which
 bladder cancer risk in  the exposed
 population falls from the pre-Stage 2
 levels to the post-Stage 2 levels.
 However, this model is derived from
 data involving notable differences from
 DBFs in drinking water, including
 different cancer sites (lung versus
bladder), different exposure pathways
 (inhalation  versus a combination of
 ingestion, inhalation and dermal),
 different risk  levels, and, perhaps most
importantly, complete cessation for
smoking versus small exposure
 decreases for  DBFs. For these reasons,  ...
the extent to which the smoking / lung
cancer model is directly transferable to
DBP / bladder cancer is uncertain. It is
not possible to know, however, whether
and to what degree the tobacco smoke

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                 Federal Register/Vol. 68, No.  159/Monday,  August 18, 2003/Proposed Rules
                                                                     49633
cessation lag model either over-states or
under-states the rate at which
population risk reduction for bladder
cancer occurs following DBF exposure
reductions.
  EPA is currently examining the
recently published meta-analysis by
Villanueva et al. (2003) to determine if
the information provided on increases
in risk as a function of duration of
exposure can provide any insight on
how reductions in risk over time might
occur following reductions in exposure.
Villanueva et al. (2003) demonstrated
that the risk associated with chlorinated
drinking water and bladder cancer are
related to exposure duration.
Specifically, they estimated a unit
increase in the odds ratio of 1.006 per
year (95% CI of 1.004 to 1.009). The
model suggests a cumulative odds ratio
of 1.13 after 20 years of exposure (95%
CI of 1.08 to 1.20), and 1.27 (95% CI of
1.17 to 1.43) after 40 years. This result
is consistent with most of the individual
studies which do not show statistically
significant risk increases until at least
30-40 years of exposure. However, these
studies provide indirect evidence only
about the latency of potential effects.
For perspective, it is important to note
that the latency between initiation of
exposure and an increase in lung cancer
risk is approximately 20 years. As noted
above, latency is not the same as the
cessation lag. EPA is requesting
comment on (a) the potential
application of the Villanueva et al.
(2003) model to estimate reductions in
bladder cancer risk that might
accompany decreased  exposure to DBFs
as a result of the Stage 2 Rule; (b) the
advantages and disadvantages of using
the current approach—i.e., application
of the smoking cessation lag model; and
(c) suggestions for alternative data sets
or approaches to characterize cessation
lag.
  In addition to the delay in reaching a
new steady-state level  of risk reduction
as a result of cessation lag effects, there
is a delay in exposure reduction
resulting from the Stage 2 DBPR
implementation. In general, EPA
assumes that a fairly uniform increment
of systems will complete installation of
new treatment technologies each year,
with the last systems installing
treatment by 2013. EPA recognizes that
more systems may start in early or later
years, but believes that a uniform
schedule is a reasonable assumption.
Appendix D of the EA presents detailed
information regarding the rule activity
schedule assumptions (USEPA 2003i).
  The delay in exposure reduction
resulting from the rule implementation
schedule is incorporated into the
benefits model by adjusting the
cessation lag weighting factor. For
example, if ten percent of systems
install treatment equipment (and start
realizing reductions in cancer cases) in
year one, only that portion of the cases
are modeled to begin the cessation lag
equilibrium process in that year. Thus,
the resulting "weighted weighting
factor" is higher relative to the base
factor. Appendix E in the EA (USEPA
2003i) presents detailed breakdowns of
all weighting factor adjustments and
resulting cancer cases avoided, by year,
for each rule alternative based on the
application of the cessation lag
methodology.
3. Benefit Sensitivity Analyses
  The Agency performed  one other
benefit sensitivity analysis which is
included in the EA to allow for
comparison with the benefit estimates
calculated for the Stage 1 DBPR. This
analysis assumes that there is not a
cessation lag or latency adjustment
associated with bladder cancer
reductions that result from the rule. In
this case, the analysis assumes that the
steady state reduction in bladder cancer
occurs immediately with rule
implementation. This is the same
methodology used to estimate the
quantified benefits of the Stage 1 DBPR.

D. Costs of the Proposed Stage 2 DBPR

  In estimating the costs of today's
proposed rule, the Agency considered
impacts on water systems (CWSs and
NTNCWSs) and on States (including
territories and EPA .implementation in
non-primacy States). EPA assumed that
systems would be in compliance with
the Stage 1 DBPR, which has a
compliance date of January 2004 for
ground water systems and small surface
water systems and January 2002 for
large surface water systems. Therefore,
the cost estimate only considers the
additional requirements that are a direct
result of the Stage 2 DBPR. More
detailed information on cost estimates
are described later and  a complete
discussion can be found in Chapter 6 of
the Stage 2 DBPR EA (USEPA 2003i)

1. National cost estimates

  EPA estimates that the mean
annualized cost of the proposed rule
ranges from approximately $59.1
million using a three percent discount
rate to $64.6 million using a seven
percent discount rate. Drinking water
utilities will incur approximately 98
percent of the rule's costs. States will
incur the remaining rule cost. Tables
VII-5 a and b summarize the total
annualized cost estimates for the
proposed Stage 2 DBPR. In addition to
mean estimates of costs, the Agency
calculated 90 percent confidence
bounds by considering  the uncertainty
around the mean unit technology costs.
Table VII-6 shows the undiscounted
capital cost and all one-time costs
broken out by rule component. A table
comparing total annualized costs among
the regulatory alternatives considered
by the Agency is located in subsection
VII.G.
BILLING CODE 6560-50-P

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49634
Federal Register/Vol. 68, No. 159/Monday, August 18, 2003/Proposed Rules

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-------
Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed Rules
                                           49635

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49636
Federal Register/Vol. 68, No.  159/Monday, August  18, 2003/Proposed Rules
                     o
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                Federal Register/Vol.  68,  No. 159/Monday,  August 18, 2003/Proposed Rules
                                                                    49637
I. Water system costs
  The proposed Stage 2 DBPR applies to
ill community or nontransient
loncomrmmity water systems that add
i chemical disinfectant other than UV or
iistribute water that has been treated
vith a disinfectant other than UV. EPA
las estimated the cost impacts for both
ypes of public water systems. As shown
n Tables VI1-5 a and b, the total
innualized present value costs for CWSs
s approximately $55,8 million and for
sJTNCWSs, $2.2 million, using a three
jercent discount rate ($60.8 million and
J2.2 million using a seven percent
Hscount rate).
  Although the number of systems
idding treatment is small, treatment
;osts make up a significant portion of
he total costs of the rule (more than 75
percent of total rule costs).  Table VII-7
ihows the baseline number of plants
ind the estimated percent of those
jlants adding treatment. The estimated
percent of plants adding advanced
reatment  or converting to chloramines
s 2.8 percent of all systems. A higher
jercentage of surface water plants are
predicted  to add treatment  compared to
>round water plants. However, the
baseline number of ground water plants
is larger than that of surface water
plants, so there is a larger number of
ground water plants adding treatment.
Subsection VII.F. provides a more
detailed explanation of treatment
changes that may occur as a result of the
proposed rule.
  All systems will incur costs for rule
implementation. Some will need to
conduct a one-time Initial Distribution
System Evaluation (IDSE) and others (a
different subgroup depending on the
system size)  may incur additional  costs
for routine DBF monitoring. Some
systems may also have to conduct a
peak excursion evaluation if single
samples indicate high DBF levels.
  Sixty-nine percent of surface water
and 7 percent of ground water CWSs are
predicted to  conduct the IDSE
monitoring. EPA estimates that a very
small portion of systems (approximately
16 percent overall) will conduct
additional routine monitoring beyond
the Stage 1 DBPR requirements.
However, fewer samples overall would
be required if a population-based
approach is implemented instead of the
plant-based approach that is currently
being used to estimate monitoring costs.
Section V describes the population-
based approach in more detai! and a
discussion of how this approach may
influence costs is provided in Appendix
H of the EA (USEPA 2003i). A small
percentage of systems (approximately
3.0 percent of surface water CWSs and
0 percent of ground water systems) are
expected to experience significant
excursions.
  A complete discussion of the rule
provisions is located in section V of this
preamble; the Stage 2 DBPR Economic
Analysis includes a complete analysis of
rule impacts (USEPA 2003i). Table VII-
8 summarizes the number of systems
subject to non-treatment related rule
activities. Column D indicates the
number of systems expected to use the
standard monitoring program to
implement the IDSE. Column F
indicates the number of systems
expected to increase monitoring sites
beyond that required by Stage 1. The
last two columns show the number and
percent of plants estimated to
experience significant excursions each
year.

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49638
Federal Register/Vol. 68, No. 159/Monday, August 18,  2003/Proposed Rules
             Table VH-7.  Number of Plants Adding Treatment
System Size {Population
Served)
Stage 2 DBPR
Plant Baseline
Number and Percentage of Plants
Adding Treatment
Primarily Surface Water CWSs
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
10,001-50,000
50,001-100,000
100,001-1 Million
> 1 Million
National Totals
470
799
505
1,103
1,213
1,287
538
572
74
6,560
21
26
17
41
45
75
31
33
4
293
4.4%
3.3%
3.3%
3.7%
3.7%
5.8%
5.8%
5.8%
5.8%
4.50/,
Primarily Ground Water CWSs
^100
101-500
501-1,000
1,001-3,300
3,301-10,000
10,001-50,000
50,001-100,000
100,001-1 Million
> 1 Million
National Totals
7,772
15,725
6,133
7,890
4,975
5,367
738
875
18
49,495
211
461
180
184
116
112
15
17
0
1,296
2.7%
2.9%
2.9%
2.3%
2.3%
2.1%
2.1%
1.9%
1.9%
2.6°/«
Primarily Suface Water NTNCWSs
<;100
101-500
501-1,000
1,001-3,300
3,301-10,000
10,001-50,000
50,001-100,000
100,001-1 Million
> 1 Million
National Totals
298
301
108
72
23
9
1
1
0
813
13
10
4
3
1
1
0
0
0
31
4.4%
3.3%
"" 	 3.3%
3.7%
3.7%
"5.8%
_ 5 8%
5.8%
0.0%
3.80/.
Primarily Ground Water NTNCWSs
^100
101-500
501-1,000
1,001-3,300
3,301-10,000
10,001-50,000
50,001-100,000
100,001-1 Million
> 1 IWIion
National Totals
Grand Total All Plants
3,662
2,624"
717
267
27
4
0
1
0
7,303
64,171
99
77
21
6
1
0
0
0
0
204
1,824
2.7%
2.9%
2.9%
2.3%
2.3%
2.1%
2.1%
1.9%
0.0%
2.8°X
2.8°/<
             Source : Economic Analysis (USEPA 2003 i) Exhibit 6.16a, 6.16.b,6.17a, 6.17b

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         Federal Register/Vol. 68, No. 159/Monday, August 18,  2003/Proposed Rules
49639
Table VII-8  Number of Systems Subject to Non-Treatment Related Rule Activities
System Size
(Population Served)

Stage 2 DBPR
System
Baseline
A
Number and Percent of Systems Pert orrring Various Rule Activities
hpte mentation
B C=B/A*100
DSE Monitoring
D &=QfA*100
Additional Routine
Monitoring
F G=F/A*100
Significant
Excursion
Evaluations
H t=hVA*100
Surface Water and Mxed CWSs
< 100
101-500
501-1,000
1,001-3,300
3,301-10,000
10,001-50,000
50,001-100,000
100,001-1 Million
> 1 Million
National Totals
1,283
2,120
1,313
2,467
1,928
1,690
313
276
13
11.403
1,283 100%
2,120 100%
1,313 100%
2,467 100%
1,928 100%
1,690 100%
313 100%
276 100%
13 100%
11,403 100%
289.2 23%
546.4 26%
1,179.3 90%
2,215.8 90%
1,722.8 89%
1,454.0 86%
255.3 82%
213.3 77%
9.9 76%
7,886 69%
0.0 0%
42.5 2%
546.6 42%
1,027.0 42%
1,084.3 56%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
2,700 24%
0.0 0%
2.0 0%
26-2 2%
49.3 2%
42.3 2%
133.2 8%
40.6 13%
41.1 15%
3.3 25%
338 3%
Ground Water Only CWSs
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
10,001-50,000
50,001-100,000
100,001-1 Million
> 1 Milton
National Totals
7,601
11,836
4,089
4,869
2.288
1,232
129
60
2
32,105
7,601 100%
11,836 100%
4,089 100%
4,869 100%
2,288 100%
1,232 100%
129 100%
60 100%
2 100%
32,105 100%
236.2 3%
392.6 3%
482.0 12%
573.9 12%
270.5 12%
218.0 18%
22.8 18%
16.0 27%
1.0 50%
2,213 7%
0.0 0%
118.6 1%
1,691.9 41%
2,014.5 41%
946.6 41%
493.7 40%
51.6 40%
22.8 38%
0.9 44%
5,341 17%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
do 0%
0.0 0%
0 0%
Surface Water and Mxed NTNCWSs
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
10,001-50,000
50,001-100,000
100,001-1 Mlton
> 1 Million
National Totals
303
302
109
74
22
9
1
1
0
821
303 100%
302 100%
109 100%
74 100%
22 100%
9 100%
1 100%
1 100%
0
821 100%
0.0. 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
8.0 89%
1.0! 100%
1.0. 100%
0.0:
10 1%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
6.0 27%
4.0 44%
1.0 100%
1.0 100%
0.0
12 1%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0
0 0%
Ground Water Only NTNCWSs
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
10,001-50,000
50,001-100,000
100,001-1 Million
> 1 Million
National Totals
GRAND TOTAL
3,662
2,624
717
267
27
4
0
1
0
7,303
51,632
3,662 100%
2,624 100%
717 100%
267 100%
27 100%
4 100%
0 100%
1 100%
o;
7.303: 100%
51.632; 100%
0.0 0%
0.0 0%
0.0 : 0%
o.o : 0%
0.1 0%
0.9 19%
0.1; 19%
0.0 0%
0.0
1 0%
10,110 20%
0.0 0%
0.8 0%
5.1 1%
1.9 1%
0.3 1%
0.9 19%
0.1 19%
0.0 0%
0.0
9 0%
8,062 16%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0 0%
0.0
0 0%
338 1%
Source: Economic Analysis (USEPA 2003i) Exhibit 6.3

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49640
Federal  Register/Vol. 68, No,  159/Monday, August 18, 2003/Proposed  Rules
  In addition to using distributions to
develop unit cost estimates, the Agency
conducted sensitivity analyses to further
explore uncertainty regarding system
compliance estimates. The first two
sensitivity analyses were prepared to
evaluate the possibility that the IDSE
monitoring requirement will result in
more systems needing to install
treatment beyond what is predicted in
the current cost model (see chapter 7 of
                      the EA, USEPA 2003i, for details of this
                      analysis). Table VII-9 lists the high-end
                      estimates of the number of systems
                      adding treatment in IDSE sensitivity
                      analyses No. 1 and No. 2. For both IDSE
                      sensitivity analyses, only small
                      additional impacts were assumed
                      possible for systems serving 10,000
                      people or fewer because such systems
                      generally have much less complicated
                      distribution systems than larger
systems. EPA estimated that the mean
annualized costs at the 3% discount rate
could be as high as $77.5 million (IDSE
Sensitivity Analysis No. 1) or $108.8
million (IDSE Sensitivity Analysis No.
2) versus the Preferred Alternative
analysis estimate of $57.4 million. At
the 7% discount rate these estimates
would respectively correspond to $86.1
million, $120.7 million, and $63.3
million.
       Table VII-9 Sensitivity Analysis on Potential Treatment Impacts of IDSE From Stage 1 to
       Stage 2 (Community Water Systems)

SW< 10,000
SW> 10,000
GW < 10,000
GW> 10,000
Percent Adding Treatment
Preferred Alternative
3.7%
5.8%
2.7%
2.1%
IDSE No. 1
4.6%
9.9%
2.8%
3.2%
IDSE No. 2
4.8%
15.1%
2.9%
3.6%
                       Source: Economic Analysis, Exhibit?.! Chapter? (USEPA 2003i).
  EPA believes that the percentage of
systems estimated to add treatment
under IDSE sensitivity analyses No. 1
and No. 2 are overestimates and that the
estimate for the Preferred Alternative is
likely to already capture the influence of
the IDSE because of the conservative
assumptions used in the analysis. For
example, the compliance forecast
analysis assumes that systems will try to
meet the LRAA MCLs with a 20%
margin of safety. Systems complying by
switching to chloramines may choose to
meet the new MCLs with a much
smaller margin of safety since
chloramines dampen the variability of
DBF concentrations within the
distribution system. Furthermore, EPA
believes that the number of ground
water and small surface water systems
adding chloramines or changing
technology in the baseline analysis may
be overestimated because their
monitoring requirements are expected to
be very similar from Stage 1 to Stage 2.
The Stage 1 DBPR required only one
compliance monitoring location (at the
point of maximum residence time) for
producing surface water systems serving
between 500 and 10,000 people and for
all ground water systems. The Stage 2
DBPR requires that these systems add an
additional site if they determine that
their high TTHM and high HAAS
concentrations do not occur at the same
location. If systems maintain a single
monitoring location for the Stage 2
                      DBPR, as many are expected to do,
                      calculation of compliance will produce
                      the same results for the running annual
                      average (RAA) and locational running
                      annual average (LRAA) measure,
                      implying that they are not likely to add
                      treatment for the Stage 2 DBPR if they
                      comply with the Stage 1 DBPR.
                        EPA conducted a third sensitivity
                      analysis to evaluate the possibility that
                      small systems will continue to monitor
                      at one point in their distribution system.
                      In this sensitivity analysis, EPA
                      assumed that no surface water plants
                      serving fewer than 10,000 people and no
                      ground water plants would add
                      treatment to meet Stage 2 DBPR
                      requirements (i.e., only costs are
                      associated for large surface water
                      systems). Under this analysis, the
                      average cost figures are reduced
                      dramatically from $57.4 million or $63.3
                      million to $22.9 million or $25.7 million
                      using a 3 percent or 7 percent discount
                      rate, respectively, for the Preferred
                      Regulatory Alternative. Chapter 7 of the
                      Economic Analysis (USEPA 2003i)
                      contains a detailed explanation of the
                      aforementioned sensitivity analysis.
                      3. State Costs
                       The Agency estimates that the States
                      and primacy agencies will incur an
                      annualized present value cost of $1.1
                      million to $1.5 million (using a three
                      percent and seven percent discount rate,
                      respectively). In order to estimate the
cost impact to States, EPA considered
initial implementation costs, costs for
assisting systems in evaluating IDSE
information, and for annual rule
implementation activities. EPA
considered the incremental change in
activities that result from the Stage 2
DBPR. For example,  States may have  to
update their databases to track the new
Stage 2 DBPR monitoring strategy but
could modify the system they developed
for the Stage 1 DBPR. EPA accounted for
the cost of a Stage 1 DBPR database in
the Stage 1 Regulatory Impact Analysis
{USEPA 1998f). State costs are not
expected to change dramatically
between alternatives.
4. Non-quantifiable
  EPA has identified and quantified
costs that it believes are likely to be
significant. In some instances, EPA did
not include a potential cost element
because it believes the effects are
relatively minor and difficult to
estimate. For example, the Stage 2 DBPR
may be the determining factor in the
decision by some small water systems to
merge with neighboring systems. Such
changes have both costs (legal fees and
connecting infrastructure) and benefits
(economies of scale). Likewise, costs for
procuring a new source of water would
have costs for new infrastructure but
could result in lower treatment costs.
  Also, EPA was unable to quantify
several distribution system-related

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                Federal Register/Vol. 68,  No. 159/Monday, August 18, 2003/Proposed  Rules
                                                                     49641
changes that can reduce TTHM and
HAA5 levels. Activities such as looping
distribution systems and optimizing
storage can minimize retention times
and help to control DBF formation.
Costs for these activities range from
almost zero (modifying retention time)
to more substantial costs for modifying
distribution systems. In the absence of
detailed information needed to make
  st evaluations for situations such as
:hese, EPA has included a discussion of
possible effects where appropriate.

E. Expected System Treatment Changes
  In order to quantify the effects of the
Stage 2 DBPR, it is necessary to predict
low plants will modify their treatment
processes to meet the proposed
'equirements. To estimate the
incremental impacts of the Stage 2
DBPR, relative to the Stage 1 DBPR, EPA
:ompared predicted "ending
.echnologies" (types of treatment in use
ifter implementation of the Stage 2
DBPR) to the distribution of baseline
echnologies  predicted to be in place
ifterthe implementation of the Stage 1
DBPR. This subsection outlines the
>rocess for deriving baseline and ending
Stage 2 technology distributions that are
he basis for the national cost estimates
)f today's proposed rule.

L. Pre-Stage 2 DBPR Baseline Conditions
 Development of the Pre-Stage 2
)aseline (i.e., conditions following the
stage 1 DBPR) consists of the following
jrocesses:
 • Compiling an industry profile—
dentifying and collecting information
in the segment(s) of the water supply
ndustry subject to the Stage 2 DBPR;
 • Characterizing influent water
niality—summarizing the relevant
:haracteristics of the raw water treated
>y the industry; and
  • Characterizing treatment for the
Jtage 1 DBPR—predicting what the
ndustry will do to comply with the
>rovisions of the Stage 1 DBPR.
 Section IV of this document details
he data sources EPA used to
characterize water quality and treatment
practices for the nation's public water
systems. EPA also used information in
the Water Industry Baseline Handbook
(USEPA 2000J) to develop the industry
profile. The Baseline Handbook uses
data derived from the 1995 Community
Water Systems Survey and the Safe
Drinking Water Information System to
characterize the U.S. drinking water
systems. Another EPA study,
Geometries and Characteristics of Water
Systems Report (USEPA 2000k), also
provided information for the industry
profile.
  EPA developed and used a model
(SWAT) to characterize treatment
following the Stage 1 DBPR and Stage 2
DBPR options considered. SWAT served
as the primary tool to predict changes in
treatment and DBF occurrence. The
model used a series of algorithms and
decision rules to predict the type of
treatment a large surface water plant
will use given a specific regulatory
alternative and source water quality.
Other tools were used to estimate
practices at large ground water systems
or any medium or small systems. A
Delphi process (a  detailed technical
treatment characterization and DBF
occurrence review by drinking water
experts) was used to predict treatment
changes for large ground water systems
(those serving 10,000 or more people).
The results of the  SWAT analyses and
the Delphi process were extrapolated to
the medium surface water and ground
water systems based on analysis of
source water treatment characteristics
and treatment decision trees. For the
small surface and  ground water systems
analyses, a group of experts provided
predictions for a pre-Stage 2 baseline
and resulting treatment and water
quality conditions under the Stage 2
DBPR regulatory alternatives. A detailed
description of these analyses can be
found in the Economic Analysis for the
Stage 2 DBPR (USEPA 2003i).
2. Predicted Technology Distributions
Post-Stage 2 DBPR

  The treatment compliance forecast for
the Stage 2 DBPR has two components—
1} the percent of plants that must add
treatment to comply with Stage 2 DBPR
requirements, and 2) the treatment
technologies these plants are predicted
to select. This information, coupled
with the baseline data discussed before,
provides an  estimate of the total number
of plants using specific technologies to
meet the requirements of the proposed
Stage 2 DBPR. National costs are then
generated using technology unit cost
information.
  The four step process EPA used to
develop a Stage 2 DBPR compliance
forecast is summarized in table VII-10.
The difference between the Stage 1
DBPR Technology Selections and Stage
2 DBPR Technology Selections (Step 4—
Incremental  Technology Selections) was
used to develop national cost estimates
for today's proposed rule. Tables VII—11
a and b (surface water) and VII—12 a and
b (ground water) show the incremental
technology selections shown as the
percent change between Stage 1 and
Stage 2 DBF rules.

   TABLE VII-10.—STAGE  2 DBPR
  COMPLIANCE FORECAST SUMMARY
 Step
Description of Step
       Model a pre-Stage 1 baseline sce-
         nario using Information Collection
         Rule data to allow consistent com-
         parison between different rule  al-
         ternatives.
       Model technology selection to meet
         Stage   1  DBPR  requirements
         (Stage 1  DBPR Technology Selec-
         tion).
       Model technology selection to meet
         Stage   2  DBPR  requirements
         (Stage 2  DBPR Technology Selec-
         tion).
       Subtract the results in Step 2 from
         Step 3 and adjust to obtain the  in-
         cremental impact of an alternative
         (Stage 2 DBPR incremental tech-
         nology selection).

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49642
Federal Register/VoI. 68, No. 159/Monday, August 18, 2003/Proposed Rules
           Table VH-lla.      Technology Usage for CWS Surface Water Plants - Percent Change
                               From Stage 1 to Stage 2 Compliance
System Size
(Population Sened)

£100
101-500
501-1.000
1.001-3,300
3,301-10.000
10.001-50.000
50,001-100.000
100,001-1 Million
> 1 Million
Total %, Plants
Converting to
CLMOnly
A
0.8%; A
2.1%! 17
: 11
2.5%; 27
: 30
3.6%' 46
19
3.6% 21
: 3
2.7% 178
Advanced Technologies
Chlorine
Dioxide
B
$jg;iJ4j;;£,«-!K
0.0% i 0
; o
0.0% j 0
; 0
0.4%. 5
2
0.4%; 2
"6
0.1% 9
uv
c
3.1% 14
0.4% 3
: 2
0.5% 5
: e
0.7% B
4
0.7% 4
; 1
07%' 49
Ozone
D

0.0% 0
0
0.0% 0
0
0.0% 0
0
0.0% 0
"d
0.0%. 0
MF/UF
E
0.0% 0
0.0% 0
; b
0.0% 0
6
0.0%. 0
: o
0.0%, D
o
0-0% 0
GAC10
F
•^^t^lV^T?^


0.0%; Q
: 0
0.0%; 0
"\ 0
0.0%; o
GAC1D +
Ad\enced
Disinfectants
G
ffi fj f."/,!.txi1f~it~


0.7%; 9
4
0.7%' 4
i ' i
0 3% 18
GAC20
H
0.0%' C
0.0%: 0
:" o
0.0% • 0
'• 0
0.4%: 5
; 2
0.4%! 2
i 0
0.1% g
GAC20 +
Advanced
Disinfectants
I
0.6%i 3
0.7% B
'; 4
0.7%; s
- B
0.0%' 0
; 0
0.0% 0
., .....
0.4%; 29
Membranes
J
0.0%
0.0%
0.0%
0.0%
II
0
'6
0
d
0
b
0.0%
0.0%
0
6
0
Total
Convening
toCLM
- K
3.0% 14
3.6%> 29
18
4.0%: 45
•""49
5.1%i 66
: 28
5.1%, 29
a
4.3% 282
Total Adding
Technology
L = SUM(A:J)
4.4%. 21
3.3% 26
17
3.7%. 41
" 	 ' " "45
5.8% 75
• 31
5.8%; 33
4
4.5%: 293
           Note: Detail may not add due to independent rounding (some plant results are rounded to zero if less than 0.5 plants).
           Source : Economic Analysis {USEPA 2003J) Exhibit 6.14a
           Table VH-llb.
               Technology Usage for NTNCWS Surface Water Plants - Percent
               Change From Stage 1 to Stage 2 Compliance
System Size
(Population Served)

ilOO
101-500
501-t.OOO
1,001-3,300
3.301-10,000
10,001-50,000
50.001-100,000
100.001-1 Million
> 1 Million
Total %, Plants
Com*rtJng lo
CLMOnly
A
0.8% i 2
2.1%j 6
; 2
2.5% 2
... ....
3.6%: 0
' 0
3.6%! 0
0
1.7% 14
Advanced Technologies
Chlorine
Dioxide
B
vw^Si-i; I.K--
0.0%! o
; 0
0.0%- 0
: "6
o.4%; o
! °
0.4% i 0
: 0
0.0%: o
uv
c
3.1%: 9
0.4%' 1
0
0.5%: 0
; o
0.7% : 0
: 0
0.7% 0
0
1.4%. 11
Ozone
D
,., ,
0.0%; o
	 f"6
0.0%! 0
Total
Converting
loCLM
K
3.0%: E
3.6% 11
" 	 "4
4.0%; 3
""""• 	 \
5.1%; 0
; 0
5,1%: o
I 0
35%: 28
Total Adding
Technology
L - SUM(A.J)
4.4% I 13
3.3% 10
4
3.7%; 3
;• "1
5.8% 1
0
5.8% 0
0
3 8%: 31
           Note: Detail may not add due to independent rounding (some plant results are rounded to zero if less than 0.5
          plants).
          Source : Economic Analysis (USEPA 2003i) Exhibit 6.14b

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                Federal Register/Vol. 68, No. 159/Monday,  August 18,  2003/Proposed Rules
                                                                           49643
           Table VH-12a.
Technology Usage for Disinfecting CWS Ground Water Plants
Percent Change From Stage 1 to Stage 2 Compliance
System Size
(Population
Sei\ed)
£100
101-500
501-1,000
1,001-3.300
3,301-10.000
10.001-50.000
solodi-ioD.dbo
100.001-1 Million
> i' Million
Total %, Plants
CLMOnly
A '
1,0%' 8C
1.3%= 210
; 82
1.0% 7E
50
1.4%: 76
••-: i(j
1.3%: 11
;' ' D
1.21%' 599
UVCL2
B
0.0%. C
0.0% • 0
6
0.0%. 0
: 0
UVCLM
C
1.3%; 9B
1.4%: 225
1 88
1.3% i 102
J 64


0.00% s 0
.1.17%: 578
Ozone CL2
D
0-0%; 0
0.0% : 0
6
0.0% 0
0
0.1% 3
6
0.1% 0
5
0.01% 4
Ozone CLM
£
0.0%. 0
0.0% i 0
' " \ 0
0.0%. 0
	 • " '""6
0.2%, 12
2
0.2% 2
0
0.03%- 15
GAC20CL2
F
0.4% 33
02% 25
10
0.0% 0
b
0.0% 0
6
0.0% 0
0
0.14%; 68
GAC20CLM
G
0.0% 0
0.0% 0
'i 0
0.0% : 3
2
0.2%. 8
1
0.1%. 1
0
0.03%; 16
embranes CU
H
0.0% • 0
0.0%. 0
; 6
0.0% 0
L o
0.0%! 2
i - 6
0.0% i 0
• 6
0.00%; 2
Membranes CLfc
I
00%: o
0.0% 0
0
00%' 0
: 0
0.2%' 11
; 2
0.2%: 2
; 0
0.03%i ' 15
Total Coroeiting
to CLM
J - A+C+E+G-H
2,3%' 178
2,8%' 436
! 170
2.3%; 184
116
2.0%; 108
: 15
1.9%; 16
0
2.5%- 1.223
Total Adding
Technology
K = SUM(A:t)
2-7%- 211
2.9%: 461
180
2.3% 184
116
2.1% 112
15
1.9% 17
0
2.6% 1,296
           Note: Detail may not add due to independent rounding (some plant results are rounded to zero if less than 0.5 plants).
           Source: Economic Analysis (USEPA 2003J) Exhibit 6.l6a
           Table VIM2b.
Technology Usage for Disinfecting NTNCWS Ground Water Plants -
Percent Change from Stage 1 to Stage 2 Compliance
System Size
(Population
Sened)
$100
101-500
501-1,000
1,001-3,300
3;3oi:i6,ooo
10.001-50,000
50,001-100,000
100,001-1 Million
> 1 Million
Total %. Plants
CLMOnly
A
10%- 38
1.3%. 35
; ' '10
1.0%; 3
., .. ^
1.4%, 0
i 0
1.3%: 0
! 0
1.17%= 65
UVCL2
B
0.0%' 0
0.0%: o
: o'
0.0%' 0
; -. ..
M^ff^P^i?
UVCLM
C
1.3%: 46
1.4%' 38
'"" io
1.3%: 3
{ o


0.00%' 0
1.34%: 98
Ozone CL2
D
0.0%. 0
0.0%; o
0
0.0%; 0
: " 6
0.1% : 0
0
0.1%: 0
0
0.00%: o
Ozone CLM
E
0.0%; o
0.0% 0
0
0.0% 0
0
0.2% 0
d
0.2% 0
0
0,00% 0
GAC20 Cl 2
. F
0.4% 15
0.2%; 4
: 1
0.0% : o
: o
0.0%: o
I 0
0.0% ; 0
; o
0.28% , 21
GAC20CLM
G
0.0%: o
0.0%.' 0
; o
0.0% i 0
0
0.2% 0
: o
0,1%' 0
0
0.00% . 0
embranes CL
H
0.0% 0
0.0% : 0
0
0-0%; o
; 6
0.0%! 0
1 o
0.0%} o
0
0.00% . 0
Membranes CLM
1
0.0% 0
D.0% 0
0
0.0% 0
6
0.2% 0
6
0.2% 0
0

Total Coo^rting
to CLM
J = A+C-tE+G+l
2.3%- &4
2.8% : 73
: 20
2.3%: 6
: 1
2.0%; 0
: 0
1.9%: 0
. i 0
2.5%: 183
Total Adding
Technology
K=SUM(A:I)
2.7%, 99
2.9% : 77
: 21
2.3% [ 6
1
2.1%; o
0
1.9%; o
i 0
2.8%: 204
           Note: Detail may not add due to independent rounding (some plant results are rounded to zero if fess than 0.5 plants).
           Source : Economic Analysis (USEPA 20031) Exhibit 6.16b
F. Estimated Household Costs of the
Proposed Rule
  This analysis considers the potential
increase in a household's water bill if a
system passed the entire  cost increase
resulting from this rule on to their
 ustomers. It is a tool to gauge potential
impacts  and should not be construed as
precise estimates of potential changes to
individual water bills.
  Overall, the potential increase in
mean annual water bill per household is
       estimated to be $8.38 for those systems
       that need to install technology to
       comply with this rule. Table VII-13
       shows the range of household costs for
       all surface and ground water systems
       subject to the rule and also only for
       those systems installing technology to
       comply with this rule. For all systems,
       including those that may not have to
       take any additional action to comply
       with this rule but are still subject to its
       provisions, the mean annual household
cost is $0.51. The last two columns of
Table VII-13 show the potential impact
as the percent of households that will
incur either less than a $1 or less than
a $10 increase in their monthly water
bills (shown in the table as annual
values). For systems adding treatment,
84% of households will face less than
a $1 increase in their monthly bill,
while 99% are expected to face less than
a $10 increase.

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 49644
Federal  Register/Vol. 68, No. 159/Monday,  August  18,  2003/Proposed Rules
            Table VII-13. Potential Annual Household Cost Impacts


All Systems
All Small System:
SW 5 10,000
SW > 10,000
GW £ 10,000
GW > 10,000


All Systems
All Small System;
SW <; 10,000
SW > 10,000
GW <, 10,000
GW > 10,000
All Households Subject to the Stage 2 DBPR
Total Number of
Households Served
(Percent of Total)
98,254,000 (100.0%)
14,522,000 (100.0%)
3,165,000(3,2%)
58,876,000 (59.9%)
11,357,000(11.6%)
24,857,000 (25.3%)
Mean Annual
Household
Cost Increase
$0.51
$1.66
$3.7^
$0.34J
$1.08
$0.23
Median
Annual
Household
Cost Increase
$0.02
$0.18
$0.90
$0.00
$0.11
$0.01
90th Percentile
Annual
Household
Cost Increase
$0.47
$0.90
$2.96
$0.32
$0.53
$0.47
95th Percentile
Annual
Household
Cost Increase
$0.79
$2.96
$5.51
$0.33^
$1.37
$0.47
Percentage of
Annual
Household
Cost Increase
<$12
99.24%
98.23%
97.89%
99.35%
98.37%
99.57%
Percentage of
Annual
Household Cost
Increase < $120
99.96%
99.74%
99.09%
100.00%
99.92%
100.00%
Households Served by Plants Adding Treatment
Number of
Households Served
(Percent of Total)
4,793,000 (4.9%)
422,000 (2.9%)
142,000 (4.5%)
3,868,000 (6.6%)
279,000 (2.5%)
504,000 (2.0%)
Mean Annual
Household
Cost Increase
$8.52
$43.78
$60.64
$5.02
$35.18
$5.90
Median
Annual
Household
Cost increase
$1.22
$19.05
$9.08
$1.02
$19.22
$1.33
901h PercentHe
Annual
Household
Cost Increase
$20.57
$117.68
$166.67
$11.58
$72.07
$26.33
95th Percentile
. Annual
Household
Cost Increase
$33.98
$166.67
$270.04
$23.56
$117.68
$33.24
Percentage of
Household
Cost Increase
<$12
84.47%
39.38%
54.36%
90.16%
33.71%
78.73%
Percentage of
Household Cost
Increase < $120
99.18%
91.12%
79.78%
99.96%
96.94%
100.00%
            Note: Detail may not to total add due to independent rounding. The last two columns show the % change as < $1 or <
            $10 increase in monthly water bills
            Source : Economic Analysis (USEPA 2003i) Exhibit 6.20
   Both household cost estimates reflect
 costs for rule implementation (e.g.,
 reading and understanding the rule),
 IDSE, additional routine monitoring,
 and treatment changes. Although
 implementation and the IDSE represent
 relatively small, one-time costs, they
 have been annualized and included in
 the analysis to provide a complete
 picture of household costs.
   Overall, EPA estimates that 99 percent
 of the 98 million households that are
 provided disinfected drinking water
 would face less than $1 increase in their
 monthly water bill. Approximately 86
 percent of the households impacted by
 the rule are served by systems serving
 at least 10,000 people; these systems
 experience the lowest increases in costs
 due to significant economies of scale.
 Households served by small systems
 that install advanced technologies will
 face the greatest increases in annual
 costs. The cumulative distributions of
 household costs for all systems are
presented in the Economic Analysis
 (USEPA 2003i).
  When interpreting the results of the
household cost analysis, it is important
to remember that systems, especially
small systems, may have other options
that were not included in the
                      compliance forecast. For example, the
                      system may identify another water
                      source that may form lower levels of
                      TTHM and HAAS. Systems that can
                      identify such an alternate water source
                      may not have to treat that water as much
                      as their current source, resulting in
                      lower treatment costs that may offset the
                      costs of obtaining water from the
                      alternate source. Systems may also be
                      able to connect to a neighboring water
                      system. While connecting to another
                      system may not be feasible for some
                      remote systems, EPA estimates that
                      more than 22 percent of all small water
                      systems are located within metropolitan
                      regions (USEPA 2000c) where distances
                      between potential connecting water
                      systems may not present a prohibitive
                      barrier. Consolidation was not an
                      element used in developing the
                      compliance forecasts for small systems.
                      Costs for consolidation  may be either
                     greater or less than the costs for
                      changing technologies,  and
                     consolidation may have other benefits
                      (e.g., lower costs for compliance with
                     future regulations). In addition,
                     potentially lower cost alternatives such
                     as controlling water residence time in
                     the distribution systems were not
                     included in the compliance forecast.
  Also, more small systems than
projected in the primary analysis may
already be in compliance with Stage 2
DBPR. A sensitivity analysis discussed
in the subsection VII.D.2 describes this
issue in more detail. Also, certain
technologies installed to treat DBFs may
treat many other contaminants thus
eliminating the need to install
additional equipment  to comply with
future drinking water regulations.

G. Incremental Costs and Benefits of the
Proposed Stage 2 DBPR

  Incremental costs and benefits are
those that are incurred or realized in
reducing DBF exposures from one
alternative to the next  more stringent
alternative. Estimates of incremental
costs and benefits are useful in
considering the economic efficiency of
different regulatory options considered
by the Agency. However, as pointed out
by the Environmental Economics
Advisory Committee of the Science
Advisory Board, efficiency is not the
only appropriate criterion for social
decision making (USEPA 2000n).
  Generally, the goal of an incremental
analysis is to identify the regulatory
option where net social benefits are
maximized. If net incremental benefits

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                                                                      49645
re positive, society is incurring greater
osts as a result of the health damages
ompared to the costs society could pay
3 reduce those health damages (i.e.
ociety would be better off to invest
sore in controlling the health damage).
F net incremental benefits are negative,
ian the cost of the additional control is
.igherthan the value of the additional
ealth damages avoided. Therefore, the
efficient" regulatory level is where the
ext additional incremental reduction
i health damages equals the
incremental cost of achieving that
reduction. However, the usefulness of
this analysis is constrained when major
benefits and/or costs are unqualified or
not monetized.
  For the proposed Stage 2 DBPR,
presentation of incremental quantitative
benefit and cost comparisons may be
unrepresentative of the true net benefits
of the rule because a significant portion
of the rule's potential benefits are non-
quantifiable (see section C.I). Tables
VII-14 and VII-15 show the total
estimated costs and benefits for each
alternative. Evaluation of the
incremental changes between different
rows in the tables shows that
incremental costs generally fall within
the range of incremental benefits for
each more stringent alternative. Equally
important, the addition of any benefits
attributable to the non-quantified
categories would add to the benefits
without any increase in costs.
                 TABLE Vll-14.—TOTAL ANNUALIZED PRESENT VALUE COSTS BY RULE ALTERNATIVE
                                                  (Smilltons, 2000$)
Rule alternative

It. 1 	
It. 2 	
It. 3 	

Total annuallzed cost ($miltions)
3 Percent discount rate
Mean estimate
$59.1
182.2
409.6
594.3
90 Percent confidence bound
Lower (5th %
tile)
$54.3
165.1
383.6
556.3
Upper (95th %
tile)
$63.9
199.6
435.7
631.9
7 Percent discount rate
Mean estimate
$64.6
195.1
442.7
644.2
90 Percent confidence bound
Lower (5th %
tile)
$59.2
175.9
413.4
601.1
Upper (95th %
tile)
$70.0
214.3
472.2
686.9
 Note: Costs represent values in millions of 2000 dollars. Estimates are discounted to 2003—90 percent Confidence Intervals reflect uncertainty
i technology unit cost estimates
 Source: Economic Analysis (USEPA 2003i) exhibit 6.24

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Federal Register /Vol. 68, No. 159/Monday, August  18,  2003/Proposed  Rules
Table VIMS. Total Annualized Present Value Benefits by Rule Alternative (Smillions, 2000$)

Discount Rate,
WTP for Non-
Fatal Cases
Preferred
Alternative
Alternative
1
Alternative
2
Alternative
3
Number and Value of Estimated Bladder Cancer Cases Avoided1
Causality has not been established; however, the weight of evidence supports PAR estimates of potential benefits.
Zero is within the range of potential benefits, but evidence indicates that both the number of cases and the value of
preventing those cases could be significant (see below).
2% PAR
Average Annual
Number of Cases
Avoided
Annualized
Benefits of Cases
Avoided
(90% Confidence
Bounds)2

3 %, Lymphoma
7 % Lymphoma
3 % Bronchitis
7 % Bronchitis
21
$113
($18-258)
$98
($16-224)
$55
($13-120)
$48
($11-104)
22
$117
($19-268)
$102
($16 - 232)
$57
(13-124)
$49
($11 -108)
135
$773
($116-1,675)
$636
($101 -$1,452)
$356
($81 - 776)
$309
{$71 - 673)
161
$873
($139-1,995)
$757
($120-1,730)
$424
($97 - 924)
$368
($84 - 802)
17% PAR Value
Average Number
of Cases Avoided
Annualized
Benefits of Cases
Avoided
90% Confidence
Bounds)2

3 %, Lymphoma
7 % Lymphoma
3 % Bronchitis
7 % Bronchitis
182
$986
($157-2,253)
$854
($136-1,952)
$479
($109-1,044)
$415
($95 - 905)
189
$1,024
($163-2,340)
$887
($141 - 2,027)
$498
($114-1,084)
$431
($99 - 940)
1,182
$6,398
($1,016-14,619)
$5,546
($881 - 12,672)
$3,109
($709-6,771)
$2,697
($616-5,871)
1,408
$7,621
($1,211-17,415)
$6,607
($1,050-15,097)
$3,704
($845 - 8,066)
$3213
($734 - 6,995)
Adverse Reproductive and Developmental Health Effects Avoided
Causality has not been established, and numbers and types of cases avoided, as well as the value of such cases,
were not quantified in the primary benefits analysts. Given the numbers of women of child bearing age exposed (58
million), the evidence indicates that the number of cases and the value of preventing those cases could be
significant. See results of the illustrative calculation in VII.C.1 .
Other Health Benefits
Qualitative assessment indicates that the value of other health benefits could be positive and significant.
Non-Health Benefits
Qualitative assessment indicates that the value of non-health benefits could be positive.
      1. Based on TTHM as indicator. EPA recognizes that the lower bound eslimate may be as low as zero since causality
      has not yet been established between exposure to chlorinated water and bladder cancer.
      2. The 90 percent confidence bounds shown in the exhibit reflect uncertainty in the VSL, WTP, and income elasticity
      adjustment.
      Source: Economic Analysis (USEPA 2003i) exhibit 5.28
  The range of quantified benefits        2 and 3. However, the associated costs     presented in Table VII-14 show values
increases significantly with Alternatives   also increase significantly—cost figures   approaching or exceeding $500 million

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                                                                     49647
per year. Although the estimated
benefits for Alternatives 2 and 3 are
potentially significant, EPA rejected
these alternatives because the Agency
believes that the uncertainty about the
health effects data does not warrant the
additional expense associated with
these regulatory alternatives.
  Given the uncertainty in the health
effects, and the resulting rejection of
Alternatives  2 and 3, a comparison of
Alternative 1 with the Preferred
Alternative shows that Alternative 1
would have approximately the same
benefits as the Preferred Alternative but
with greater costs. This results from the
inability of the Agency to estimate the
additional benefits of reducing the
bromate MCL. Alternative 1 was also
determined to be unacceptable due to
the potential for increased risk of
microbial exposure. See section VILA of
today's action for a description of
regulatory alternatives.
H, Benefits From the Reduction of Co-
Occurring Contaminants
  Installing certain technologies to
control DBFs also has the added benefit
of controlling other drinking water
contaminants. For example, some
membrane technologies (depending on
pore size) installed to reduce DBF
precursors can also reduce or eliminate
many other drinking water
contaminants, including arsenic and
microbial pathogens. EPA has finalized
a rule to further control arsenic level  in
drinking water and has proposed the
Ground Water Rule to address microbial
contamination. The Stage  2 DBPR is also
being concurrently proposed with the
Long Term 2 Enhanced Surface Water
Treatment Rule. Because of the
difficulties in establishing which
systems would have multiple problems
such as microbial contamination,
arsenic, and  DBFs (or any  combination
of the three), no estimate was made of
the potential cost savings from
addressing more than one contaminant
simultaneously.
/. Are There Increased Risks From Other
Contaminants?
  Today's proposed rule may slightly
shift the distribution of TTHM and
HAAs to brominated species. Some
systems, depending on bromide and
organic precursor levels in the source
water and technology selection, may
experience a shift to higher ratios or
concentrations of brominated DBFs
while the overall TTHM or HAAS
concentration decreases. However, EPA
anticipates that this phenomenon may
only occur in a small percentage of
systems affected. For most systems,
overall levels of DBFs, as well as
brominated DBF species, should
decrease as a result of this rule.
  EPA's analysis shows that a large
portion of systems that do not currently
meet Stage 2 requirements will do so by
switching from chlorination to
chloramination; approximately 5% of
surface water plants and 1.3% of ground
water plants in systems serving greater
than 10,000 are estimated to convert to
chloramination in order to comply with
the Stage 2 DBPR from the Stage 1 DBPR
(USEPA 2003J). A potential
chloramination byproduct is N-
nitrosodimethylamine (NDMA), a
probable human carcinogen. The
concern over the formation of NDMA in
the treatment process is based on the
compound's ability to persist for a long
period of time  in the distribution
system. The mechanism of formation of
NDMA, however, is still under
examination. A number of ongoing
studies will also evaluate occurrence,
factors that affect NDMA formation,
mechanisms, treatment effectiveness
and improved  analytical methods for
measuring NDMA.
  Another contaminant of concern to
the Agency is chlorite. Levels may
increase slightly because of technology
shifts to chlorine dioxide resulting from
this rule but very few systems (<0.1
percent) are predicted to install this
technology. However, individual
systems will not shift to chlorine
dioxide unless they can meet the
chlorite MCL (established under the
Stage 1 DBPR)  which is considered
protective of public health.
  EPA also considered the impact this
rule may have  on microbial
contamination that may result from
altering disinfection practices. To
address this concern, the Agency
developed this rule jointly with the
Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR). EPA
expects that the LT2ESWTR provisions
will prevent significant increases in
microbial  risk  resulting from the Stage
2 DBPR. EPA also expects the Ground
Water Rule, scheduled for promulgation
in 2003, to prevent any increases in
microbial  risk  in ground water systems
deemed vulnerable to source water
contamination.
/. Effects on General Population and
Subpopulation Groups
  Section  III of today's proposed rule
discusses the health effects associated
with DBFs on the general population as
well as the effects on pregnant women
and fetuses. In addition, health effects
associated with children and pregnant
women are discussed in greater detail in
subsection VIII.G of this preamble.
K. Uncertainties in Baseline, Risk,
Benefit, and Cost Estimates
  Today's proposal models the current
baseline risk from DBF exposure as well
as the reduction in risk and the cost for
various rule options. There is
uncertainty regarding many aspects of
this analysis including the risk
calculation, the benefit estimate, and the
cost estimates. EPA has tried to capture
much of the uncertainty and also the
variability associated with many of the
inputs used in the economic analysis by
using distributions or ranges as model
inputs instead of point estimates
whenever possible. The Stage 2 DBPR
EA contains a more extensive
discussion of the modeling techniques
used to address uncertainty and
variability (USEPA 2003i).
  In addition, the Agency conducted
sensitivity analyses to address
uncertainty. The sensitivity analyses
focus on various benefit and cost factors
that may have a significant influence on
the outcome of the rule. All of these
sensitivity analyses are explained in
more detail in the EA for the Stage 2
DBPR (USEPA 2003i).
  The major source of benefit
uncertainty is the scientific uncertainty
regarding the impact of DBP exposure
on reproductive and developmental
outcomes. However, the Agency
believes that the monetized value of
these outcomes could be significant. As
discussed in subsection VII.C.l, EPA
performed an illustrative calculation
that explored the potential implications
for the proposed rule using some of the
published results on fetal loss, but did
not attempt to quantify benefits
associated with reducing other
reproductive and developmental
endpoints potentially associated with
DBP exposure.
  Another possible underestimation of
today's monetized benefits results from
the inability of the  Agency to quantify
or monetize the potential benefit from
avoiding other cancers associated with
DBP exposure such as colon and rectal
cancers. Furthermore, while the Agency
estimated the range of bladder cancer
risks avoided to be 0 to 182 cases per
year, the true risk of bladder cancer
avoided from decreased DBP exposure
may be higher than this range.
  While EPA believes it has accounted
for the significant costs of today's
proposed rule, there are uncertainties
about some of the cost inputs. As
discussed in subsection VII.D.4, cost
estimates do not include some
alternatives to installing treatment (e.g.,
improving management of  distribution
system residence time) that may be a
less costly means of complying with the

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 Stage 2 DBPR. The Agency also
 explored two additional uncertainties
 which might have the greatest impact on
 our current estimates by conducting
 sensitivity analyses. These include the
 impact of IDSE monitoring and the
 possibility that the primary analysis
 overestimates the compliance forecast
 for small surface water systems and all
 ground water systems. A detailed
 discussion of these analyses can be
 found in chapter 7 of the Economic
 Analysis (USEPA 2003i).
   Last, EPA has recently proposed or
 finalized new regulations for arsenic,
 radon, and microbials in ground water
 systems (Ground Water Rule);
 Cryptosporidium in small surface water
 systems and filter backwash in all
 system sizes (LTlESWTR and Filter
 Backwash Rule); as well as concurrently
 proposing additional microbial control
 in surface water systems (Long Term 2
 Enhanced Surface Water Treatment
 Rule). These rules may have
 overlapping impacts on some drinking
 water systems but it is not possible to
 estimate these because of lack of
 information on  co-occurrence. However,
 it is possible for a system to choose
 treatment technologies that would
 address multiple contaminants.
 Therefore, the total cost impact of these
 drinking water rules is uncertain;
 however, it may be less than the
 estimated total cost of all individual
 rules combined.

 L. Benefit/Cost Determination for the
 Proposed Stage 2 DBPR
  The Agency has determined that the
 quantified and unquantified benefits of
 the proposed Stage 2 DBPR justify the
 costs. As discussed previously, the main
 concern for the Agency and the
 Advisory Committee involved in the
 Stage 2 rulemaking process was to
 address potential reproductive and
 developmental impacts associated with
 exposure to high DBF levels. The
 proposed rule achieves this objective
 using the least cost alternative by
 modifying how the annual  average DBF
 level is calculated. This will reduce
 both average DBF levels associated with
 bladder cancer (and possibly other
 cancers) and peak DBF levels which are
 potentially associated with reproductive
 and developmental effects. In addition,
 this rule may reduce uncertainty about
 drinking water quality and may allow
 some systems to avoid installing
 additional technology to meet future
 drinking water regulations.
  Compared to other rule options
consider by the Agency, the proposed
rule option is also the most cost-
effective. The cost-effectiveness analysis
compares the annual dollar cost of the
                      rule to the annual number of bladder
                      cancer cases potentially avoided. For
                      bladder cancer reduction, the cost per
                      case avoided for the proposed rule
                      would be $0.3 million if the PAR is
                      17%, and $3.1 million if the PAR is 2%,
                      and also varies depending on the
                      discount rate used.

                      M. Request for Comment
                        The Agency requests comment on all
                      aspects of the rule's economic impact
                      analysis. Specifically, EPA seeks input
                      into the following issues: (1) To what
                      extent can systems install treatment to
                      address multiple contaminants?; (2) Are
                      there methods for monetizing potential
                      reproductive and developmental
                      endpoints associated with DBF
                      exposure?; (3) To what extent will use
                      of chloramination increase levels of
                      NDMA and potentially associated health
                      risks, and how should this be
                      considered in this rule making; and (4)
                      How should the Agency value nonfatal
                      cancers? Specifically, EPA uses a range
                      of severities to calculate the WTP
                      estimate to avoid a case of chronic
                      bronchitis. Should the Agency only
                      consider the most severe case of chronic
                      bronchitis as a better proxy for a non-
                      fatal cancer? Also, should the Agency
                      use the risk-risk trade-off estimate of
                      WTP to avoid a case of chronic
                      bronchitis instead of the risk-dollar
                      trade-off estimate (see the EA  (USEPA
                      2003i) for a complete discussion of
                      these issues)?

                      VIII. Statutory and Executive Order
                      Reviews

                      A. Executive Order 12866: Regulatory
                      Planning and Review
                        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 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.
   Pursuant to the terms of Executive
 Order 12866, it has been determined
 that this rule is a "significant regulatory
 action." As such, this action was
 submitted to OMB for review. Changes
 made in response to OMB suggestions or
 recommendations will be documented
 in the public record.

 B. Paperwork Reduction Act
   The information collection
 requirements in this proposed rule have
 been submitted for approval to the
 Office of Management and Budget
 (OMB) under the Paperwork Reduction
 Act, 44 U.S.C. 3501 et seq. The
 Information Collection Request (ICR)
 document prepared by EPA has been
 assigned ICR No. 2068.01 (USEPA
 2003m).
   The information collected as a result
 of this rule will allow the States and
 EPA to determine appropriate
 requirements for specific systems, and
 to evaluate compliance with the rule.
 For the first 3 years after Stage 2 DBPR
 promulgation, the major information
 requirements involve monitoring
 activities, which include conducting the
 IDSE and submission of the IDSE report,
 and tracking compliance. The
 information collection requirements are
 mandatory (Part 141), and the
 information collected is not
 confidential.
   The estimate of annual average
 burden hours for the Stage 2 DBPR for
 systems and States is 248,568 hours.
 This estimate covers the first three years
 of the Stage 2 DBPR and includes
 implementation  of Stage 2A and most of
 the IDSE (small system reports are not
 due until the fourth year). The annual
 average aggregate cost estimate is $18.0
 million for operation and maintenance
 as a purchase of service for lab work,
 and $6.8 million is associated with
 labor. The annual burden hour per
 response is 2.59 hours. The frequency of
 response (average responses per
 respondent) is 11.8 annually. The
 estimated number of likely respondents
 is 8,131 per year (the product of burden
 hours per response, frequency, and
 respondents does not total the annual
 average burden hours due to rounding).
 Because disinfecting systems have
 already purchased basic monitoring
 equipment to comply with the Stage 1
DBPR, EPA assumes no capital start-up
 costs are associated with the Stage 2
DBPR ICR.
  Burden means the total time, effort,  or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time

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                                                                     49649
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
omplete and review the collection of
information; and transmit or otherwise
disclose the information.
 An Agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
jnless it displays a currently valid OMB
control number. The OMB control
lumbers for EPA's regulations in 40
:FR are listed in 40 CFR part 9.
 To comment  on the Agency's need for
:his information, the accuracy of the
provided burden estimates, and any
mggested methods for minimizing
•espondent burden, including the use of
lutomated collection techniques, EPA
las established a public docket for this
•ule, which includes this ICR, under
Docket ID No. OW-2002-0043,Submit
my  comments related to the ICR for this
proposed rule to EPA and OMB. See
ADDRESSES section at the beginning of
his  notice for where to submit
;omments to EPA. Send comments to
3MB at the Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street, NW., Washington, DC 20503,
\ttention: Desk Office for EPA. Since
DMB is required to make a decision
:oncerning the ICR between 30 and 60
lays after August 18, 2003, a comment
to OMB is best assured of having its full
effect if OMB receives it by September
17, 2003. The final rule will respond to
any OMB or public comments on the
information collection requirements
contained in this proposal.

C. Regulatory Flexibility Act
  The Regulatory Flexibility Analysis
(RFA), as amended by the Small
Business Regulatory Enforcement
Fairness Act (SBREFA) of 1996, 5 U.S.C.
601 et seq., 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. It  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) through (5). In addition to
the above, 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 proposed rule on small
entities, EPA considered small entities
to be public water systems serving
10,000 or fewer persons. This is the cut-
off level specified by Congress in  the
1996 Amendments to the Safe Drinking
Water Act for small system flexibility
provisions. In accordance with the RFA
requirements, 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 expressed its
intention to  use the alternative
definition for all future drinking water
regulations in the Consumer Confidence
Reports regulation (63 FR 44511 (August
19,1998)}. As stated in that final rule,
the alternative definition is applied to
this regulation.
  After considering the economic
impacts of today's proposed rule on
small entities, I certify that this action
will not have a significant economic
impact on a  substantial number of small
entities. We  have determined that 75
small systems using surface water or
ground water under the direct influence
of surface water (GWUDI), which are
1.67% of all such systems affected by
the Stage 2 DBPR, will experience an
impact of greater than or equal to 1% of
their revenues, and 49 small systems
using surface water or GWUDI, which
are 1.09% of all such systems affected
by the Stage 2 DBPR, will experience an
impact of greater than or equal to 3% of
their revenues; further, 109 small
ground water systems, which are 0.28%
of all such systems affected by the Stage
2 DBPR, will experience an impact of
greater than  or equal to 1% of their
revenues, and 38 small ground water
systems, which are 0.10% of all such
systems affected by the Stage 2 DBPR,
will experience an impact of greater
than or equal to 3% of their revenues
(see Tables VIII-1 and VIII-2}.
BILLING CODE 6560-50-P

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    Table VII1-1.  Annualized Compliance Cost as a Percentage of Revenues or Expenditures for
    All Small Entities Using Surface Water and GWUDI.
Entity by
System Size

Small Governments
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
Small Businesses
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
Small Organizations
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
All Small Entities
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
Number of
Small Systems
(Percent)
A
2,238 50%
384.
513;
283 i
538 1
519[
1.B35J 41%
315!
421 i
232!
441 i
426 1
403! 9%
69;
92'
51 !
97;
94i
4,476 100%
768i
1,027!
567!
1,0751
1,039;
Average
Annual
Estimated
Revenues1
per System ($)
B
$2,396,249
$2,396,249
$2,396,249
$2,396,249
$2,396,249
$2,396,249
$2,391,978
$2,391,978
$2,391,978
$2,391,978
$2,391,978
$2,391,978
$4,446,165
$4,446,165
$4,446,165
$4,446,165
$4,446,165
$4,446,165
$2,578,991
$2,578,991
$2,578,991
$2,578,991
$2,578,991
$2.578,991
Experiencing Costs
of >1% of their
Revenues
Percent of
Systems
E
1.67%
1.27%
1.53%
1.58%
1.79%
5.61%
1.67%
1.27%
1.57%
1.58%
1.79%
5.61%
1.27%
0.00%
1.44%
1.46%
1.32%
5.02%
1.67%
1.27%
1.44%
1.58%
1.55%
5.61%
Number
of
Systems
F=A*E
37
5
8
4
10
29
31
4
7
4
8
24
5
-
1
1
1
5
75
10
15
9
17
58
Experiencing Costs
of >3% of their
Revenues
Percent
of
Systems
G
1.09%
0.00%
1.17%
1.46%
1.32%
3.71%
1.09%
0.00%
1.17%
1.46%
1.32%
3.71%
0.76%
0.00%
0.61%
0.75%
0.93%
. 3.71%
1.09%
0.00%
1.17%
1.46%
1.32%
3.71%
Number
of
Systems
H*A*G
24
-
6
4
7
19
20
-
5
3
6
16
3
-
1
0
1
3
49
, -
12
8
14
39
    1 Revenue information was used whenever available. When it was not available, different measures, such as sales or
    annual operating expenditures, were used. Data were not available to differentiate revenue by system size.
    Note: Detail may not add due to independent rounding.
    Source: Economic Analysis (USEPA 2003i)

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               Federal Register/Vol. 68, No.  159/Monday, August 18,  2003/Proposed  Rules
                                                                  49651
    Table VJII-2.  Annualized Compliance Cost as a Percentage of Revenues or Expenditures for
    AH Small Entities Using Ground Water Only.
Entity by
System Size

Small Governments
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
Small Businesses
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
Small Organizations
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
AH Small Entities
<100
101-500
501-1,000
1,001-3,300
3,301-10,000
Number of
Small Systems
(Percent)
A
19,133! 50%
5.641J
7,269;
2,403!
2,599|
1.221!
15,689 41%
4,625!
5,960;
1,970;
2,131 i
1,00V
3,444; 9%
1,015
1,308!
433i
468!
220i
38,265! 100%
11,282;
14,537;
4,806;
5,198!
2.443J
Average
Annual
Estimated
Revenues1
per System ($)
B
$2,396,249
$2,396,249
$2,396,249
$2,396,249
$2,396,249
$2,396,249
$2,391,978
$2,391,978
$2,391,978
$2,391,978
$2,391,978
$2,391,978
$4,446,165
$4,446,165
$4,446,165
$4,446,165
$4,446,165
$4,446,165
$2,578,991
$2,578,991
$2,578,991
$2,578,991
$2,578,991
$2,578,991
Experiencing Costs
of >1% of their
Revenues
Percent of
Systems
E
0.28%
0.00%
0.13%
0.75%
1.26%
1.32%
0.28%
0.00%
0.13%
0.75%
1.26%
1.32%
0.10%
0.00%
0.00%
0.14%
0.04%
1.32%
0.28%
0.00%
0.13%
0.14%
1.26%
.1.32%
Number
of
Systems
FsA*E
54
-
9
18
33
16
44
-
8
15
27
13
4
-
-
1
0
3
109
-
19
7
66
32
Experiencing Costs
of >3% of their
Revenues
Percent
of
Systems
G
0.10%
0.00%
0.00%
0.07%
0.04%
1.32%
0.10%
0.00%
0.00%
0.07%
0.04%
1.32%
0.01%
0.00%
0.00%
0.00%
0.02%
0.04%
0.10%
0.00%
0.00%
0.07%
0.04%
1.32%
Number
of
Systems
H*A*G
19
-
- .
2
1
16
16
-
-
1
1
13
0
-
-
-
0
0
38
.-
-
3
2
32
    1 Revenue information was used whenever available. When it was not available, different measures, such as sales or
    annual operating expenditures, were used. Data were not available to differentiate revenue by system size.
    Note: Detail may not add due to independent rounding.
    Source: Economic Analysis (USEPA 2003i)
JLUNG CODE 6560-50-C
 As a result of the input received from
takeholders, the EPA workgroup, the
Advisory Committee, and other
nterested parties, EPA has developed
4CLs using locational running annual
verages (LRAA) of 0.080 and 0.060 mg/
, for TTHM and HAAS respectively, in
ombination with Initial Distribution
iystems Evaluations (IDSE), as the
'referred Stage 2 DBPR option. LRAAs
re running annual averages calculated
ar each sample location in the
istribution system. Since many small
ystems only monitor at one location,
they will effectively base their
compliance with the Stage 1 DBPR on
an LRAA and therefore will not be
significantly affected by the Stage 2
DBPR. In addition to meeting the MCLs
for TTHM and HAAS, systems will be
required to conduct IDSEs. The purpose
of the IDSE is to identify compliance
monitoring sites representing high
TTHM and HAAS levels in the
distribution system. According to the
Stage 2 DBPR Economic Analysis
(USEPA 2003i), only 17% of all small
water systems will conduct IDSE
monitoring because small NTNCWSs are
exempt from IDSE monitoring, systems
serving fewer than 500 people may
receive a waiver from their States, and
other systems are eligible for a 40/30
certification if all compliance
monitoring samples have been < 0.040
and < 0.030 mg/L for TTHM and HAAS
respectively during the previous two
years. A large number of small ground
water systems will qualify for this
certification. This provision is described
in more detail in section V.H. of this
preamble.
  Although not required by the RFA to
convene a Small Business Advocacy

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 49652
Federal Register/Vol.  68,  No. 159/Monday, August 18, 2003/Proposed Rules
 Review (SBAR) Panel because EPA
 determined that this proposal would not
 have a significant economic impact on
 a substantial number of small entities,
 EPA did convene a panel to obtain
 advice and recommendations from
 representatives of the small entities
 potentially subject to this rule's
 requirements.
   Before convening the SBAR Panel,
 EPA consulted with a group of 24 SERs
 likely to be impacted by the Stage 2 M-
 DBP Rules. The SERs included small
 system operators, local government
 officials, and small nonprofit
 organizations. The SERs were provided
 with background information on the
 Safe Drinking Water Act, Stage 1 DBPR,
 IESWTR, and Stage 2 DBPR alternatives
 and unit cost analyses resulting from
 using different technologies to meet the
 required MCLs in preparation for the
 teleconferences on January 28, 2000,
 February 25, 2000, and April 7, 2000.
 This information package included data
 on options and preliminary unit costs
 for treatment enhancements under
 consideration. It is important to note
 that, since EPA did not consider the
 IDSE requirements until after these
 consultations with SERs and the SBAR
 panel, no comments were received on
 the IDSE requirements from the SERs or
 the SBAR panel. However,  small system
 representatives were included in the
 Advisory Committee that recommended
 the IDSE.
  During these conference calls, the
 information  was discussed  and EPA
 provided feedback and noted these
 initial SER comments. Following the
 calls, the SERs were asked to provide
 input on the potential impacts of the
 rule. Seven SERs provided written
 comments on these materials. These
 comments were provided to the SBAR
 Panel when the Panel convened in April
 25, 2000. After a teleconference between
 the SERs and the Panel on May 25,
 2000, the SERs were invited to provide
 additional comments on the information
 provided. Seven SERs provided
 additional comments on the rule
 components.
  In general, the SERs consulted on the
 Stage 2 M-DBP rules were concerned
 about the impact of these proposed rules
 on small water systems. They were
 particularly concerned with acquiring
 the technical and financial capability to
 implement requirements, maintaining
 flexibility to  tailor requirements to their
 needs, and the limitations of small
 systems.
  The Small  Business Advocacy Review
 (SBAR) Panel members for the Stage 2
DBPR were: the Small Business
Advocacy Chair of the Environmental
Protection Agency, the Chief of the
                     Standards and Risk Reduction Branch of
                     the Office of Ground Water and
                     Drinking Water within EPA's Office of
                     Water, the Administrator of the Office of
                     Information and Regulatory Affairs
                     within the Office of Management and
                     Budget, and the Chief Counsel for
                     Advocacy of the Small Business
                     Administration. The Panel convened on
                     April 25, 2000, and met five times
                     before the end of the 60-day Panel
                     period on June 23, 2000. The SBAR
                     Panel's report, "Final Report of the
                     Small Business Advocacy Review Panel
                     on Stage 2 Disinfectants and
                     Disinfection Byproducts Rule (Stage 2
                     DBPR) and Long-Term 2 Enhanced
                     Surface Water Treatment Rule
                     (LT2ESWTR)", the Small Entity
                     Representatives (SERs) comments on
                     components of the Stage 2 MDBP Rules,
                     and the background information
                     provided to the SBAR Panel and the
                     SERs are available for review in the
                     Office of Water Docket.
                       Today's proposal takes into
                     consideration the recordkeeping and
                     reporting concerns identified by the
                     Panel and the SERs. The Panel
                     recommended that EPA evaluate ways
                     to minimize the rule recordkeeping and
                     reporting burdens by ensuring that
                     States have appropriate capacity for rule
                     implementation and that EPA provide
                     as much monitoring flexibility as
                     possible to small systems. Continuity
                     with the Stage 1 DBPR was maintained
                     to the extent possible to ease the
                     transition to the Stage 2 DBPR,
                     especially for small systems. EPA's
                     decision to maintain the same MCLs for
                     TTHM and HAAS will also help to
                     minimize the additional
                     implementation burden. Generally,
                     routine monitoring will be similar in
                     frequency to monitoring for the Stage 1
                     DBPR, and systems with low DBF levels
                     will still be eligible for reduced
                     monitoring. Many small systems will
                     conduct the same amount of monitoring
                     for the Stage 2 DBPR as for the Stage 1
                     DBPR. Surface and ground water
                     community water systems (CWSs)
                     serving 500 to 9,999 people and ground
                     water systems serving at least 10,000
                     people may be required to add one
                     sampling site and take an additional
                     quarterly TTHM/HAA5 sample at that
                     site. Also, EPA has specified
                     consecutive system requirements; these
                     will be new requirements in States
                     where consecutive systems are not
                     required to comply with some or all
                     Stage 1 DBPR requirements. As noted
                     before, since some small systems will be
                     effectively complying with such
                     requirements under the Stage 1 DBPR,
 the Stage 2 DBPR will not impose any
 additional burden on them.
   The Panel also noted the concern of
 several SERs that flexibility should be
 provided in the compliance schedule of
 the rule. SERs noted the technical and
 financial limitations that some small
 systems will have to address, the
 significant learning curve for operators
 with limited experience, and the need to
 continue providing uninterrupted
 service as reasons why additional
 compliance time may be needed for
 small systems. The panel encouraged
 EPA to keep these limitations in mind
 in developing the proposed rule and
 provide as much compliance flexibility
 to small systems as is allowable under
 the SDWA. EPA  believes that the
 proposed compliance schedules
 provides sufficient time for small
 systems to achieve compliance.
   Under the proposed LT2ESWTR,
 certain subpart H systems with low
 levels of indicators such as E. coli will
 not have to monitor for
 Cryptosporidium. The efficacy of E. coli
 as an indicator will be evaluated using
 the large system  data. Thus, small
 systems E. coli monitoring cannot be
 initiated until large and medium system
 monitoring has been completed. The
 LT2ESWTR compliance time line for
 small systems thus lags 1.5 to 2.5 years
 behind the large  and medium systems;
 timeline. Because the Stage 2 DBPR
 must be implemented on a simultaneous
 schedule, the compliance timeline  is
 similarly delayed 1.5 to 2.5 years behind
 large and medium systems. In addition,
 if capital improvements are necessary
 for a particular PWS to comply, a State
 may allow the system up to an
 additional two years to comply with the
 MCL. The Agency is developing
 guidance manuals to assist small
 entities with their compliance efforts.
  The Panel considered a wide range of
 options and regulatory alternatives for
 providing small businesses with
 flexibility in complying with the Stage
 2 DBPR. The Panel recognized the
 concern shared by most stakeholders
 regarding the need to reduce DBP
 variability in the  distribution system.
 This concern comes from recent studies
 that, while not conclusive, suggest that
 there may be adverse reproductive
 effects associated with relatively short-
term exposure to  high levels of DBFs.
 Many small systems will be monitoring
 at only a single point in the distribution
 system (designed to represent the point
 of maximum TTHM and HAAS
exposure), and many small systems will
be monitoring only once during the
year, at a time which corresponds to the
season with the highest potential
occurrence.

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                 Federal  Register/Vol. 68, No. 159/Monday,  August 18,  2003/Proposed Rules
                                                                      49653
   Since there is a chance for this single
 sample to exceed an MCL, today's
 proposal requires systems that exceed
 an MCL on an annual or less frequent
 sample to begin increased (quarterly)
 monitoring rather than immediately
 being in violation of the MCL. The
 system must comply with the MCL as an
 LRAA once it has collected four
 quarterly samples. This allows small
 systems to generally monitor less
 frequently (to reduce their monitoring
 burden) during the period when the
 highest DBF levels are expected (to
 protect public health) without
 penalizing them (by requiring them to
 meet an MCL that would effectively be
 based on a single highest value if the
 systems were immediately in violation
 after a single sample exceeds an MCL).
 This compliance determination is
 consistent with requirements for
 systems that monitor quarterly for
 whom compliance is based on the
 compliance monitoring results of the
 previous four quarters.
  It is important to note that based on
 the IDSE results, some small systems
 will  have a high TTHM site that is
 different from the high HAAS site.
 These systems will need to monitor at
 two sites under the Stage 2 DBPR. EPA
 relieves that an approach based on
 compliance with 0.080 mg/L TTHM and
 0.060 mg/L HAA5 LRAAs is an effective
 way  of addressing concerns regarding
 ocational variability.
  In addressing seasonal variability, the
 3anel was concerned about a regulatory
 alternative requiring compliance with
 0.080 mg/L TTHM and 0.060 mg/L
 3AA5 single highest value MCL
 Alternative 2), because it would impose
 significant additional cost on some
 small systems. The Panel recommended
 hat EPA instead explore an approach
under which individual high values
might trigger additional assessment and/
or notification requirements, rather than
an MCL violation.
  EPA agrees with the panel
 ecommendations on a single highest
 falue MCL. Under today's proposal,
 lublic water systems are required to
maintain a record of TTHM and HAAS
 oncentrations detected at each sample
 ocation. As part of the sanitary survey
 irocess, systems are required to conduct
 n evaluation and consult with their
State regarding significant excursions in
TTHM and HAAS occurrence that have
 )ccurred. EPA is developing guidance
 or public water systems and States on
 low to identify significant excursions
 nd conduct significant excursion
 valuations, and how to reduce DBP
 3vels through actions such as
 istribution system operational changes
 USEPA 2003n) (Section V.E.).
   The Panel noted the strong concerns
 expressed by some SERs about the
 uncertainty in the current scientific
 evidence regarding health effects from
 exposure to DBFs, particularly regarding
 short term exposure. A Panel member
 recommended that EPA give further
 serious consideration to making a
 determination that the currently
 available scientific evidence does not
 warrant imposing additional regulatory
 requirements beyond those in the Stage
 1 DBPR at this time. This Panel member
 recommended that EPA instead
 continue to vigorously fund ongoing
 research in health effects, occurrence,
 and appropriate treatment techniques
 for DBFs, and reconsider whether
 additional requirements are appropriate
 during its next SDWA required six-year
 review of the standard. This panel
 member also recommended that EPA
 separately explore whether adequate
 data exist to warrant regulation of
 NTNCWSs at a national level at this
 time.
   EPA has considered these
 recommendations and believes the Stage
 2 DBPR is needed at this  time to protect
 public health. EPA's main mission is the
 protection of human health and the
 environment. When carrying out this
 mission, EPA must often  make
 regulatory decisions with less than
 complete information and with
 uncertainties in the available
 information. EPA believes it is
 appropriate and prudent  to err on  the
 side of public health protection when
 there are indications that exposure to a
 contaminant may present risks to public
 health, rather than take no action until
 risks are unequivocally proven.
 Therefore, while recognizing the
 uncertainties in the available
 information, EPA believes that the
 weight of evidence represented by the
 available epidemiology and toxicology
 studies on chlorinated water and DBFs
 supports a hazard concern and a
 protective public health approach  to
 regulation. In addition, EPA has an
 ongoing research program to study DBP
 health effects, occurrence, and
 treatment.
  EPA continues to be interested in the
 potential impacts of the proposed rule
 on small entities and welcome
 comments on issues related to such
 impacts.

 D. Unfunded Mandates Reform Act
  Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 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 UMRA section 202, 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 by State, local,
 and Tribal governments, in the
 aggregate, or by the private sector, of
 $100 million or more in any one year.
 Before promulgating an EPA rule for
 which a written statement is needed,
 section 205 of the UMRA generally
 requires EPA to identify and consider a
 reasonable number of regulatory
 alternatives and adopt the least costly,
 most 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 othor 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, enabling officials of
 affected small governments to have
 meaningful and timely input in the
 development of EPA regulatory
 proposals with significant Federal
 intergovernmental mandates and
 informing, educating, and advising
 small governments on compliance with
 the regulatory requirements.
  EPA has determined that this rule
 does not contain a Federal mandate that
 may result in expenditures of $100
 million or more for State, local and
 Tribal governments, in the aggregate, or
 the private sector in any one year. Based
 on total estimated nominal costs
 incurred by year,  costs for public or
 private systems are not expected to
 exceed $100 million in any one year. In
 addition, total estimated annualized
 costs of this rule are $59 to $65 million
 for all systems, including labor burdens
 that States would  face, such as training
 employees on the requirements of the
 Stage 2 DBPR, responding to PWS
 reports, and record keeping. Thus,
 today's proposed  rule is not subject to
 the requirements of sections 202 and
 205 of the UMRA.
  EPA has determined that the Stage 2
DBPR contains no regulatory
requirements that might significantly or
uniquely affect small governments (see
Tables VIII-1 and  VIII-2). Since the
Stage 2 DBPR affects all size systems

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49654
Federal  Register/Vol. 68, No. 159/Monday, August 18. 2003/Proposed Rules
and the impact on small entities will be
0.00 to 0.11 percent of revenues, the
Stage 2 DBPR is not subject to the
requirements of section 203 of UMRA.
  Nevertheless, in developing this rule,
EPA consulted with small governments
(see sections VIII.B., VIII.C. and VIII.F.).
In preparation for the proposed Stage 2
DBPR, EPA conducted an analysis of
small government impacts and included
small government officials or their
designated representatives in the
rulemaking process. As noted
previously, a variety of stakeholders,
including small governments, had the
opportunity for timely and meaningful
participation in the regulatory
development process through the
SBREFA process, public  stakeholder
meetings, and Tribal meetings.
Representatives of small  governments
took part in the SBREFA process for this
rulemaking and they attended public
stakeholder meetings. Through such
participation and exchange, EPA
notified several potentially affected
small governments of requirements
under consideration and provided
officials of affected small governments
with an opportunity to have meaningful
and timely input into the development
of this regulatory proposal.
  The Agency has developed fact sheets
that describe requirements of the
proposed Stage 2 DBPR.  These fact
sheets are available by calling the Safe
Drinking Water Hotline at 800-426-
4791.
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
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 proposed rule will not have
federalism implications. It will 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, as specified in
Executive Order 13132. The proposed
rule has one-time costs for
implementation of approximately $68.5
million. Thus, Executive Order 13132
does not apply to this rule.
                        Although Executive Order 13132 does
                      not apply to this rule, EPA did consult
                      with State and local officials in
                      doveloping this proposed regulation. On
                      February 20, 2001, EPA held a dialogue
                      on both the Stage 2 DBPR and
                      LT2ESWTR with representatives of
                      State and local governmental
                      organizations including those that
                      represent elected officials.
                      Representatives from the following
                      organizations attended the consultation
                      meeting: Association of State Drinking
                      Water Administrators (ASDWA), the
                      National Governors' Association (NGA),
                      the National Conference of State
                      Legislatures (NCSL), the International
                      City/County Management Association
                      (ICMA), the National League of Cities
                      (NLC), the County Executives of
                      America, and health departments. At
                      the consultation meeting, questions
                      ranged from a basic inquiry into how
                      Cryptosporidium gets into water to more
                      detailed queries about anticipated
                      implementation guidance, procedures,
                      and schedules. No concerns were
                      expressed. Some of the State and local
                      organizations who attended the
                      governmental dialogue on upcoming
                      microbial and disinfection byproduct
                      rulemakings were also participants in
                      the Advisory Committee meetings and
                      signed the Agreement in Principle. In
                      addition, EPA consulted with a mayor
                      in the SBREFA consultation described
                      in section VIII B.
                        In the spirit of Executive Order 13132,
                      and consistent with EPA policy to
                      promote communications between EPA
                      and State and local governments, EPA
                      specifically solicits comment on this
                      proposed rule from State and local
                      officials.
                      F. Executive Order 13175: Consultation
                      and Coordination With Indian Tribal
                      Governments
                        Executive Order 13175, entitled
                      "Consultation and Coordination with
                      Indian Tribal Governments" (65 FR
                      67249,  November 9, 2000), requires EPA
                      to develop "an accountable process to
                      ensure meaningful and timely input by
                      tribal officials in the development  of
                      regulatory policies that have tribal
                      implications." "Policies that have  tribal
                      implications" is defined in the
                      Executive Order to include regulations
                      that have "substantial direct effects on
                      one or more Indian tribes, on the
                      relationship between the Federal
                      government and the Indian tribes,  or on
                      the distribution of power and
                      responsibilities between the Federal
                      government and Indian tribes."
                         Under Executive Order 13175, EPA
                      may not issue a regulation that has
                      Tribal implications, that imposes
substantial direct compliance costs, and
that is not required by statute, unless
the Federal government provides the
funds necessary to pay the direct
compliance costs incurred by Tribal
governments, or EPA consults with
Tribal officials early in the process of
developing the proposed regulation and
develops a Tribal summary impact
statement.
  EPA has concluded that this proposed
rule may have Tribal implications
because it may impose substantial direct
compliance costs on Tribal
governments, and the Federal
government will not provide the funds
necessary to pay those costs.
  Total Tribal costs are estimated to be
approximately $199,372 per year (at a 3
percent discount rate) and this cost is
distributed across 559 Tribal systems.
The cost for individual systems depend
on system size and source water type.
Of the 559 Tribes that may be affected
in some form by the Stage 2 DBPR, 502
use ground water as a source and 57
systems use surface water or GWUDI.
Since the majority of Tribal systems are
ground water systems serving fewer
than 500 people, less than 10 percent of
all Tribal systems will likely have to
conduct an IDSE. As a result, the Stage
2 DBPR is most likely to have an impact
on Tribes using surface water or GWUDI
serving more than 500 people.
Accordingly, EPA provides the
following Tribal summary impact
statement as required by section 5(b) of
Executive Order 13175. EPA provides
further detail on Tribal impact in the
Economic Analysis for the Stage 2
Disinfectants and Disinfection
Byproduct Rule (USEPA 2003i).
   EPA consulted with Tribal officials
early in the process of developing this
regulation to permit them to have
meaningful and timely input into its
development. Consistent with Executive
Order 13175, EPA engaged in outreach
and consultation efforts with Tribal
officials in the development of this
proposed regulation. The most long-
term participation of Tribes was on the
Advisory Committee through a
representative of the All Indian Pueblo
Council (AIPC), which is associated
with approximately 20 Tribes.
   In addition to obtaining Tribal input
 during the Advisory Committee
negotiations, EPA presented the Stage 2
DBPR at the 16th Annual Consumer
 Conference of the National Indian
 Health Board, the Environmental
 Council's Annual Conference, and the
EPA/Inter-Tribal Council of Arizona,
 Inc. Over 900 attendees representing
 Tribes from across the country attended
 the National Indian Health Board's
 Consumer Conference and over 100

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                                                                      49655
 Tribes were represented at the annual
 conference of the National Tribal
 Environmental Council. Representatives
 from 15 Tribes participated at the EPA/
 Inter-Tribal Council of Arizona meeting.
 At the first two conferences, an EPA
 representative conducted workshops on
 EPA's drinking water program and
 upcoming regulations, including the
 Stage 2 DBPR. EPA sent the presentation
 materials and a meeting summary to
 over 500 Tribes and Tribal
 organizations.
   Fact sheets describing the
 requirements of the proposed rule and
 requesting Tribal input were distributed
 at an annual EPA Tribal meeting in San
 Francisco, and at a Native American
 Water Works Association meeting in
 Scottsdale, Arizona. EPA also worked
 through its Regional Indian
 Coordinators and the National Tribal
 Operations Committee to raise
 awareness of the development of the
 proposed rule. EPA mailed fact sheets
 on the Stage 2 DBPR to all of the
 federally recognized Tribes in
 November 2000, as well as the Tribal
 Caucus of the National Tribal
 Operations Committee.
  A few Tribes responded by requesting
 more information and expressing
 concern about having to implement too
 many regulations. Some members of the
 Tribal Caucus noted that the rule would
 lave a benefit. They also expressed  a
 concern about infrastructure costs and
 :he lack of funding attached to the rule.
 n response to one Tribal
 representative's comments on the
 skwember 2000 mailout, EPA explained
 he health protection benefit expected to
 ie gained by this proposed rule. EPA
 also  directed those who asked for more
 nformation to the Agreement in
 'rinciple on the EPA Web site.
  EPA also held a teleconference for
 'ribal representatives on January 24,
2002. Prior to the teleconference,
 nvitations were sent to all of the
 rederally-recognized Tribes, along with
 act sheets explaining the rule. Twelve
 rribal representatives and four regional
 'ribal Program Coordinators attended.
 'he Tribal representatives requested
 urther explanation of the rule and
 xpressed concerns about funding
 ources. EPA also received calls from
 'ribes after the teleconference which
 >rovided EPA with further feedback. In
   spirit of Executive Order 13175, and
 onsistent with EPA policy to promote
 onsultation between EPA and Tribal
 overnments, EPA specifically solicits
 dditional  comment on this proposed
•ule from Tribal officials.
 G. Executive Order 13045: Protection of
 Children From Environmental Health
 and Safety Risks
   Executive Order 13045: "Protection of
 Children From Environmental Health
 Risks and Safety Risks" (62 FR 19885,
 April 23, 1997) applies to any rule that:
 (1) Is determined to be "economically
 significant"  as defined under Executive
 Order 12866, and; (2) concerns an
 environmental health or safety risk that
 EPA has reason to believe may have a
 disproportionate effect on children. If
 the regulatory action meets both criteria,
 the Agency must evaluate the
 environmental health or safety effects of
 the planned  rule on children, and
 explain why the planned regulation is
 preferable to other potentially effective
 and reasonably feasible alternatives
 considered by the  Agency.
   While this proposed rule is not
 subject to the Executive Order because
 it is not economically significant as
 defined in Executive Order 12866, EPA
 nonetheless has reason to believe that
 the environmental health or safety risk
 (i.e., the risk associated with DBPs)
 addressed by this action may have a
 disproportionate effect on children. As
 a matter of EPA policy, we have
 therefore assessed the environmental
 health or safety effect of DBPs on
 children. EPA has  consistently and
 explicitly considered risks to infants
 and children in all assessments
 developed for this rulemaking. The
 results of the assessments are contained
 in section III of this preamble, Health
 Risks to Fetuses, Infants, and Children:
 A Review (USEPA  2003a), and in the
 Economic Analysis (USEPA 2003i). A
 copy of all documents has been placed
 in the public docket for this action.
  EPA's Office of Water has historically
 considered risks to sensitive
 subpopulations (including fetuses,
 infants, and children) in establishing
 drinking water assessments, health
 advisories or other guidance, and
 standards (USEPA  1989c and USEPA
 1991a). Waterborne disease from
 pathogens in  drinking water is a major
 concern for children and  other
 subgroups (elderly, immune
 compromised, pregnant women)
 because of their increased
 vulnerabilities (Gerba et al 1996). There
 is a concern for potential reproductive
 and developmental risks posed by DBPs
 to children and pregnant women
 (USEPA 1994b; USEPA 1998c, Reif et al.
 2000; Tyl, 2000). Specific to this action,
human epidemiology and animal
toxicology studies on DBPs have shown
potential increased risks for
spontaneous abortion, still birth, neural
tube defects, cardiovascular effects and
 low birth weight. This rule is designed
 to lower those risks. EPA has provided
 an illustrative calculation of potential
 fetal losses avoided in section VII.C.l.
   Section V.D of this preamble presents
 the regulatory alternatives that EPA
 evaluated for the proposed Stage 2
 DBPR, and the Economic Analysis
 (USEPA 2003i) provides a more detailed
 discussion. The Agency considered four
 alternatives involving different MCLs
 and different compliance calculations.
 The proposed alternative was
 recommended by the Advisory
 Committee and selected by EPA as the
 Preferred Regulatory Alternative
 because it provides significant public
 health benefits for an acceptable cost.
 EPA's analysis of benefits and costs
 indicates that the proposed alternative
 is superior among those evaluated with
 respect to maximizing net benefits, as
 shown in the Economic Analysis
 (USEPA 2003i). The result of the Stage
 2 DBPR may include a reduction in
 reproductive and developmental risk to
 children and pregnant women and a
 reduction in  cancer risk.
   It should also be noted that the
 LT2ESWTR,  which will be implemented
 at the same time as this proposed rule,
 provides better controls of pathogens
 and achieves the goal of increasing
 microbial drinking water protection for
 children. The public is invited to submit
 or identify peer-reviewed studies and
 data, of which EPA may not be aware
 that assessed results of early life
 exposure to DBPs.

 H, Executive  Order 13211: Actions That
 Significantly Affect Energy Supply,
 Distribution,  or Use
  The proposed Stage 2 DBPR is not a
 "significant energy action" as defined in
 Executive Order 13211, "Actions
 Concerning Regulations That
 Significantly Affect Energy Supply,
 Distribution,  or Use" (66 FR 28355 (May
 22, 2001)) because it is not likely to
 have a significant adverse effect on the
 supply, distribution, or use of energy.
 This determination is based on the
 following analysis.
  The first consideration  is whether the
 Stage 2 DBPR would adversely affect the
 supply of energy. The Stage 2 DBPR
 does not regulate power generation,
 either directly or indirectly. The public
 and private utilities that the Stage 2
DBPR regulates do not, as a rule,
generate power. Further, the cost
 increases borne by customers of water
utilities as a result of the Stage 2 DBPR
are a low percentage of the total cost of
water, except for a very few small
systems that might install advanced
technologies that must spread that cost
over a narrow customer base. Therefore,

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Federal  Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed  Rules
the customers that are power generation
utilities are unlikely to face any
significant effects as a result of the Stage
2 DBPR. In sum, the Stage 2 DBPR does
not regulate the supply of energy, does
not generally regulate the utilities that
supply energy, and is unlikely
significantly to affect the customer base
of energy suppliers. Thus, the Stage 2
DBPR would not translate into adverse
effects on the supply of energy.
  The second consideration is whether
the Stage 2 DBPR would  adversely affect
the distribution of energy, The Stage 2
DBPR does not regulate any aspect bf
energy distribution. The utilities that are
regulated by the Stage 2 DBPR already
have electrical service. As derived later
in this section, the proposed rule is
projected to increase peak electricity
demand at water utilities by only 0.007
percent. Therefore, EPA estimates that
the existing connections are adequate
and that the Stage 2 DBPR has no
discernable adverse effect on energy
distribution.
  The third consideration is whether
the Stage 2 DBPR would adversely affect
the use of energy. Because some
drinking water utilities are expected to
                      add treatment technologies that use
                      tiloctrical power, this potential impact is
                      evaluated in more detail. The analyses
                      that underlay the estimation of costs for
                      the Stage 2 DBPR are national in scope
                      and do not identify specific plants or
                      utilities that may install treatment in
                      response to the rule. As a result, no
                      analysis of the effect on specific energy
                      suppliers is possible with the available
                      data. The approach used to estimate the
                      impact of energy use, therefore, focuses
                      on national-level impacts. The analysis
                      estimates the additional energy use due
                      to the Stage 2 DBPR, and compares that
                      to the national levels of power
                      generation in terms of average and peak
                      loads.
                        The first step in the analysis is to
                      estimate the energy used by the
                      technologies expected to be installed as
                      a result of the Stage 2 DBPR. Energy use
                      is not directly stated in  Technologies
                      and Costs for Control ofMicrobia]
                      Contaminants and Disinfection By-
                      Products (USEPA 2003k), but the annual
                      cost of energy for each technology
                      addition or upgrade necessitated by the
                      Stage 2 DBPR is provided. An estimate
                      of plant-level energy use is derived by
dividing the total energy cost per plant
for a range of flows by an average
national cost of electricity of $0.076/
kilowatt hours per year (kWh/yr) (U.S.
Department of Energy, Energy
Information Administration (USDOE
EIA) 2002). These calculations are
shown in detail in Chapter 8 of the
Economic Analysis for the Stage 2 DBPR
(USEPA 2003i). The energy use per
plant for each flow range and
technology is then multiplied by the
number of plants predicted to install
each technology in a given flow range.
The energy requirements for each flow
range are then added to produce a
national total. No electricity use is
subtracted to account for the
technologies that may be replaced by
new technologies, resulting in a
conservative estimate of the increase in
energy use. Table VIII-3 shows the
estimated energy use for each Stage 2
DBPR compliance technology in
kilowatt hours per year (kWh/yr). The
incremental national annual energy
usage is 0.08 million megawatt-hours
(mWh).
    Table VIII-3.  Total Increased Annual National Energy Usage Attributable to the Stage 2 DBPR

Technology
Chloramines (with and without advanced tech.)
Chlorine Dioxide
UV
Ozone
MF/UF
GAC10
GAC10 + Adv. Disinfectants
GAC20
GAC20 + Adv. Disinfectants
NF
Membranes
TOTAL
Number of Plants
Selecting the
Technology
(a)
1,719
9
736
19
0
-
18
113
34
-
17
2,667
Total Increase in
Energy Usage as a
Result of the Stage 2
DBPR
(b)
2,610,918
37,335
11,033,906
1,545,741
1,821
-
H.914,955
24,049,135
4,366,613
-
17,680,345
76,240,768
    Notes:  Detail may not add due to independent rounding
  To determine if the additional energy
 required for systems to comply with the
 rule would have a significant adverse
 effect on the use of energy, the numbers
 in Table VIII-3 are compared to the
 national production figures for
 electricity. According to the U.S.
 Department of Energy's Information
                      Administration, electricity producers
                      generated 3,800 milHon mWh of
                      electricity in 2001 (USDOE EIA 2002).
                      Therefore, even using the highest
                      assumed energy use for the Stage 2
                      DBPR, the rule when fully implemented
                      would result in only a 0.002 percent
                      increase in annual average energy use.
   In addition to average energy use, the
 impact at times of peak power demand
 is important. To examine whether
 increased energy usage might
 significantly affect the capacity margins
 of energy suppliers, their peak season
 generating capacity reserve was
 compared to an estimate of peak

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                Federal  Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed Rules
                                                                    49657
incremental power demand by water
utilities.
  Both energy use and water use peak
in the summer months, so the most
significant effects on supply would be
seen then. In the summer of 2001, U.S.
generation capacity exceeded
consumption by 15 percent, or
approximately 120,000 mW (USDOE
EIA 2002). Assuming around-the-clock
operation of water treatment plants, the
total energy requirement can be divided
by 8,760 hours per year to obtain an
average power demand of 8.3 mW. A
more detailed derivation of this value is
shown in Chapter 8 of the Economic
Analysis for the Stage 2 DBPR (USEPA
2003i). Assuming that power demand is
proportional to water flow through the
plant and that peak flow can be as high
as twice the average daily flow during
the summer months, about 16.6 mW
could be needed for treatment
technologies installed to comply with
the Stage 2 DBPR. This is only 0.014
percent of the capacity margin available
at peak use.
  Although EPA recognizes that not all
areas have a 15 percent capacity margin
and that this margin varies across
regions and through time, this analysis
reflects the effect of the rule on national
energy supply, distribution, and use.
While certain areas, notably California,
have experienced shortfalls in
generating capacity in the recent past, a
peak incremental power requirement of
16.6 mW nationwide is not  likely to
significantly change the energy supply,
distribution, or use in any given area.
Considering this analysis, EPA has
concluded that Stage 2 DBPR will not
nave any significant effort on the use of
anergy, based on annual average use and
an conditions of peak power demand.
f. National Technology Transfer and
Advancement Act
  Section 12(d) of the National
rechnology Transfer and Advancement
^\ct (NTTAA) of 1995, Pub.  L. No. 104-
113,12(d) (15 U.S.C. 272 note) directs
EPA to use voluntary consensus
standards in its regulatory activities
jnless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
;tandards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
^radices) that are developed or adopted
jy voluntary consensus standard bodies.
Fhe NTTAA directs EPA to  provide
Congress, through OMB, explanations
Arhen the Agency decides not to use
ivailable and applicable voluntary
;onsensus standards.
  This proposed rulemaking involves
echnical standards. EPA proposes to
use American Society for Testing and
Materials (ASTM) Method D 6581-00
for chlorite, bromide, and bromate
compliance monitoring, which can be
found in the Annual Book of ASTM
Standards Volume 11.01. In the Stage 1
DBPR, EPA approved 13 methods from
the Standard Methods Committee for
measuring disinfectants, DBFs, and
other parameters. Today's rule proposes
to add the most recent versions of these
13 methods as approved methods. These
consist of Standard Methods 4500-C1 D,
4500-C1 F, 4500-C1 G, 4500-C1 E, 4500-
Cl I, 4500-C1 H, 4500-CIO2 D, 4500-
C1O2 E, 6251 B, 5310 B, 5310 C, 5310
D, and 5910 B for chlorine, chlorine
dioxide, HAAS, chlorite, TOC/DOC, and
UV254- These methods can be found in
the 19th and 20th  editions of Standard
Methods for the Examination of Water
and Waste Water (APHA 1995; APHA
1996; APHA 1998). Standard Methods
4500-C1 D, 4500-C1 F, 4500-C1 G, 4500-
Cl E, 4500-C11, 4500-C1 H, 4500-C1O2
E, 6251 B, 5310 B, 5310 C, 5310 D, and
5910 B for chlorine, chlorine dioxide,
HAAS, chlorite, TOC/DOC, and UV254
are also available in the On-Line
Version of Standard Methods for the
Examination of Water and Waste Water
(APHA 2003).
  EPA welcomes comments on this
aspect of the proposed rulemaking and,
specifically, invites the public to
identify potentially applicable voluntary
consensus standards and to explain why
such standards should be used in this
regulation.
/. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations or Low
Income Populations

  Executive Order 12898 establishes a
Federal policy for incorporating
environmental justice into Federal
agency missions by directing agencies to
identify and address disproportionately
high and adverse human health or
environmental effects of its programs,
policies, and activities on minority and
low-income populations. The Agency
has considered environmental justice
related issues concerning the potential
impacts of this action and consulted
with minority and low-income
stakeholders.
  Two aspects of the Stage 2 DBPR
comply with the order that requires the
Agency to consider environmental
justice issues in the rulemaking and to
consult with stakeholders representing a
variety of economic and ethnic
backgrounds. These are: (1) The overall
nature of the rule,  and (2) the convening
of a stakeholder meeting specifically to
address environmental justice issues.
  The Stage 1 DBPR has served as a
template for the development of the
Stage 2 DBPR. As such, the Agency built
on the efforts conducted during the
development of the Stage 1 DBPR to
comply with Executive Order 12898. On
March 12,1998, the Agency held a
stakeholder meeting to address various
components of pending drinking water
regulations and how they might impact
sensitive subpopulations, minority
populations, and low-income
populations. This meeting was a
continuation of stakeholder meetings
that started in 1995 to obtain input on
the Agency's Drinking Water Programs.
Topics discussed included treatment
techniques, costs and benefits, data
quality, health effects, and the
regulatory process. Participants were
national, State, Tribal, municipal, and
individual stakeholders. EPA conducted
the meeting by video conference call
between eleven cities. The major
objectives for the March 12,1998,
meeting were the following:
  • Solicit ideas from stakeholders on
known issues concerning current
drinking water regulatory efforts;
  • Identify key areas of concern to
stakeholders; and
  • Receive suggestions from
stakeholders concerning ways to
increase representation of communities
in OGWDW regulatory efforts.
  In addition, EPA developed a plain-
English guide for this meeting to assist
stakeholders in understanding the
multiple and sometimes complex issues
surrounding drinking water regulations.
  The Stage 2 DBPR and other drinking
water regulations promulgated or under
development are expected to have a
positive effect on human health
regardless of the social or economic
status of a specific population. The
Stage 2 DBPR serves to provide a similar
level of drinking water protection to all
groups. Where water systems have high
DBF levels, they must reduce levels to
meet the MCLs. Thus, the Stage 2 DBPR
meets the intent of Federal policy
requiring incorporation of
environmental justice into Federal
agency missions.
  The Stage 2 DBPR applies uniformly
to community water systems and
nontransient noncommunity water
systems that apply a chemical
disinfectant or deliver water that has
been chemically disinfected.
Consequently, the health protection
from DBF exposure that this rule
provides is equal across all income and
minority groups served by systems
regulated by this rule.

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 K. Consultations with the Science
 Advisory Board, National Drinking
 Water Advisory Council, and the
 Secretary of Health and Human Services
   In accordance with sections 1412 (d)
 and (e) of SDWA, the Agency has
 consulted with the Science Advisory
 Board (SAB), the National Drinking
 Water Advisory Council (NDWAC), and
 will consult with the Secretary of Health
 and Human Services regarding the
 proposed Stage  2 DBPR during the
 public comment period.
   EPA met with the SAB to discuss the
 Stage 2 DBPR on June 13, 2001
 (Washington, DC), September 25-26,
 2001 (teleconference), and December
 10-12, 2001 (Los Angeles, CA). Written
 comments from  the December 2001
 meeting of the SAB addressing the
 occurrence analysis and risk assessment
 were generally supportive. EPA met
 with the NDWAC on November 8, 2001,
 in Washington, DC to discuss the Stage
 2 DBPR proposal. The Advisory
 Committee generally supported the need
 for the Stage 2 DBPR based on health
 and occurrence data, but also stressed
 the importance of providing flexibility
 to the systems implementing the rule.
 The results of these discussions are
 included in the docket for this rule.
 L. Plain Language
   Executive Order 12866 encourages
 Federal agencies to write rules in plain
 language. EPA invites comments on
 how to make this proposed rule easier
 to understand. For example: Has EPA
 organized the material to suit
 commenters' needs? Are the
 requirements in the rule clearly stated?
 Does the rule contain technical language
 or jargon that is not clear? Would a
 different format (grouping and ordering
 of sections, use of headings, paragraphs)
 make the rule easier to understand?
 Could EPA improve clarity by adding
 tables, lists, or diagrams? What else
 could EPA do to make the rule easier to
 understand?

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USEPA 1998c. National Primary Drinking
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  Disinfection Byproducts; Final Rule. FR
  63:241:69390-69476. (December 16, 1998).
  h ftp://www.epa .gov/safewater/mdbp/
  dbpfr.pdf
USEPA 1998d. National Primary Drinking
  Water Regulations: Interim Enhanced
  Surface Water Treatment Rule; Final Rule.
  FR 63:241:38832-38858. (December 16,
  1998). http://www.epa.gov/safewater/
  mdbp/ieswtrfr.pdf
USEPA 1998e. National Primary Drinking
  Water Regulations; Disinfectants and
  Disinfection Byproducts; Notice of Data
  Availability; Proposed Rule. FR
  63:61:15606-15692. (March 31, 1998).
USEPA 1998f. Regulatory Impact Analysis of
  Final Disinfectant/Disinfection By-
  Products Regulations- Washington, DC.
  EPA Number 815-B-98-002. PB 99-
  111304.
USEPA 1998g. National-Level Affordability
  Criteria Under the 1996 Ammendments to
  the Safe  Drinking Water Act (Final Draft
  Report).  Contact 68-C6-0039. (August 19,
  1998).
USEPA 1998h. Variance Technology
  Findings for Contaminants Regulated
  Before 1996. Office of Water. EPA 815-R-
  98-003.
USEPA 1998i. National Primary Drinking
  Water Regulations: Consumer Confidence
  Reports; Final Rule. FR 63:160:44512-
  44536.
USEPA 1998J. Revisions to State Primacy
  Requirements to Implement Safe Drinking
  Water Act Amendments; Final Rule. FR
  63:81:23362-23368.
USEPA 1999a. Guidelines for carcinogen risk
  assessment. July SAB Review draft. Office
  of Research and Development, Washington,
  DC. USEPA NCEA-F-0644. http://
  www.epa.gov/ncea/raf/crasab.htm
USEPA 1999b. National Primary and
  Secondary Drinking Water Regulations:
  Analytical Methods for Chemical and
  Microbiological Contaminants and
  Revisions to Laboratory Certification
  Requirements; Final Rule. FR
  64:230:67449. (December 1, 1999).
USEPA 1999c. Chloroform Mode of Action
  Analysis. Prepared for the Science
  Advisory Board by Office of Science and
  Technology, Office of Water. October 1999.
  h ttp illwww. epa .gov/sab/chloroOO.htm
USEPA 1999d. Cost of Illness Handbook.
  Office of Pollution Prevention and Toxics.
  Chapter 1 H.8. Cost of Bladder Cancer.
  September, 1999. http://ww\v.epa.gov/
  oppt/coi
USEPA 2000a. Estimated per Capita Water
  Ingestion in the United States. EPA-
  82200-008. http://www.epa.gov/
  waterscience/drinking/pcrcapiia/
USEPA 2000b. Guidelines for Preparing
  Economic Analyses. Washington, DC. EPA
  240R-00-003, September 2000.
USEPA 2000c. Information Collection Rule
  Auxiliary 1 Database, Version 5, EPA 815-
  C-00-002, April 2000.
USEPA 2000d. EPA Method 321.8. In
  Methods for the Determination of Organic
  and Inorganic Compounds in Drinking
  Water, Volume 1. ORD-NERL, Cincinnati,
  OH. EPA 815-R-00-014. Available on
  ORD-NERL Web site at http://
  www.epa.gov/nerhwww/ordmeth.htm.
USEPA 2000e. Removal of the Maximum
  Contaminant Level Goal for Chloroform
  From the National Primary Drinking Water
  Regulations. FR 65:104:34404-34405. (May
  30, 2000). http://www.epa.gov/safewater/
  regs/chlorfr.html
USEPA 2000f. Review of the EPA's Draft
  Chloroform Risk Assessment by  a
  Subcommittee of the Science Advisory
  Board. Science Advisory Board,
  Washington, DC. EPA-SAB-EC-00-009.
USEPA 2000g. Stage 2 Microbial and
  Disinfection Byproducts Federal Advisory
  Committee Agreement in Principle. FR
  65:251:83015-83024. (December 29, 2000).
  http://www.epa .gov/fedrgstr/EPA-WA TER/
  2000/December/Day-29/w33306.htm
USEPA 2000h. National Primary Drinking
  Water Regulations: Ground Water Rule.
  Proposed Rules. FR 65:91:30194-30274.
  (May 10, 2000).
USEPA 2000i. Quantitative Cancer
  Assessment for MX and
  Chlorohydroxyfuranones. Contract NO. 68-
  C-98-195. August 11, 2000, Office of
  Water, Office of Science and Technology,
  Health and Ecological Criteria Division,
  Washington, DC.

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 49662
Federal Register/Vol.  68, No.  159/Monday, August 18, 2003/Proposed Rules
 USEPA 2000J. Drinking Water Baseline
   Handbook, Second Edition. Prepared by
   International Consultants, Inc. under
   contract with EPA OGWDW, Standards
   and Risk Management Division. March 17,
   2000.
 USEPA 2000k. Geometries and
   Characteristics of Public Water Systems.
   Final Report. EPA 815-R-00-024.
   December 2000.
 USEPA 20001. EPA Method 300.1. In
   Methods for the Determination of Organic
   and Inorganic Compounds in Drinking
   Water, Volume 1. OW-OGWDW-TSC,
   Cincinnati, OH. EPA 815-R-00-014.
   Available on the OGWDW Web site at
   h ttp://www. epa.gov/safewater/niethods/
   sourcalt.html.
 USEPA 2000m. Information Collection Rule
   Treatment Study Database CD-ROM,
   Version 1.0.
 USEPA 2000n. Science Advisory Board Final
   Report. Prepared for Environmental
   Economics Advisory Committee. July 27,
   2000. EPA-SAB-EEAC-00-013.
 USEPA 20000. Draft Dioxin Reassessment.
   EPA/600/P-00/OOlBftttp;//c/pu6.epa.gov/
   ncea/cfm/partland2.cfm?ActType=defauit.
 USEPA 2001 a. Relative Source Contribution
   for Chloroform. EPA-822-R-01-006.
 USEPA 2001D. Toxicological Review of
   Chloroform. In support of Integrated Risk
   Information System (IRIS). Washington,
   DC. Draft. EPA/635/R-01/001.
 USEPA 2001c. National Primary Drinking
   Water Regulations: Filter Backwash
   Recycling Rule. Final Rule. FR
   66:111:31086-31105. (June 8, 2001).
 USEPA 2001d. Method 317.0, Revision 2.0.
   Determination of Inorganic Oxyhalide
   Disinfection By-Products in Drinking
   Water Using Ion Chromatography with the
   Addition of a Postcolumn Reagent for
   Trace Bromate Analysis. Revision 2.0. EPA
   815-B-01-001. (Available on the OGWDW
   Web site at http://www.epa.gov/safewater/
   methods/sourcalt.html.)
 USEPA 2001e. Arsenic Rule Benefits
   Analysis: an SAB Review. August 30, 2001.
   EPA-SAB-EC-01-008.
 USEPA 2002a. Method 326.0. Determination
   of Inorganic Oxyhalide Disinfection By-
   Products in Drinking Water Using Ion
   Chromatography Incorporating the
   Addition of a Suppressor Acidified
   Postcolumn Reagent for Trace Bromate
   Analysis. Revision 1.0. EPA 815-R-03-
   007. (Available on the OGWDW Web site
   at http://www.epa.gov/safewater/niethods/
   sourcalt.html.)
 USEPA 2002b. Long Term 1 Enhanced
   Surface Water Treatment Rule. January 14,
   2002. 67 FR 1812.
 USEPA 2002c. Affordability Criteria for
  Small Drinking Water Systems: an EPA
  Science Advisory Board Report. December
  2002. EPA-SAB-EEAC-03-004.
USEPA 2003a. Health Risks to Fetuses,
  Infants, and Children: A Review. Office of
  Water, Office of Science and Technology,
  Health and Ecological Criteria Division.
USEPA 2003b. Addendum to the Criteria
  Document for Monochloroacetic Acid and
  Trichleoeacetic Acid: External Review
  Draft.
                        USEPA 2003c. Addendum to the Criteria
                          Document for Dichloroacetic Acid:
                          External Review Draft.
                        USEPA 2003d. Drinking Water Criteria
                          Document for Brominated
                          Trihalomethanes: External Review Draft.
                        USEPA 2003e. Drinking Water Criteria
                          Document for Brominated Haloacetic
                          Acids: External Review Draft.
                        USEPA 2003f. Drinking Water Criteria
                          Document for Cyanogen Chloride, External
                          Review Draft.
                        USEPA 2003g. Drinking Water Criteria
                          Document for Glyoxal and Methylglyoxal:
                          External Review Draft.
                        USEPA 2003h. Drinking Water Criteria
                          Document for Haloacetonitriles: External
                          Review Draft.
                        USEPA 2003i. Economic Analysis for the
                          Proposed Stage 2 DBPR. Washington, DC.
                          EPA815-D-03-001.
                        USEPA 2003J, Draft Initial Distribution
                          System Evaluation Guidance Manual.
                          Washington, DC. EPA 815-D-03-002.
                        USEPA 2003k. Technologies and Costs for
                          Control of Microbial Pathogens and
                          Disinfection Byproducts. Prepared by the
                          Cadmus Group and Malcolm Pirnie.
                        USEPA 20031. Toxicologcal Review for
                          Dichloroacetic Acid: Consensus Review
                          Draft, http://www.epa.gov/ins/subst/
                          0654.htm
                        USEPA 2003m. Information Collection
                          Request. Washington, DC. EPA 815-D-03-
                          003.
                        USEPA 2003n. Draft Significant Excursion
                          Guidance Manual. Washington, DC. EPA
                          815-D-03-004.
                        USEPA 20030. Stage 2 Occurrence
                          Assessment for Disinfectants and
                          Disinfection Byproducts (D/DBPs). EPA
                          68-C-99-206.
                        USEPA 2003p. Method 552.3. Determination
                          of Haloacetic Acids and Dalapon in
                          Drinking Water by Liquid-liquid
                          Extraction, Derivatization, and Gas
                          Chromatography with Electron Capture
                          Detection. Revision 1.0. (Available on the
                          OGWDW Web site at http://www.epa.gov/
                          safewater/methods/sourcait.html.)
                        USEPA 2003q. Method 327.0. Determination
                          of Chlorine Dioxide and Chlorite Ion in
                          Drinking water Using Lissamine Green B
                          and Horseradish Peroxidase with Detection
                          by Visible Spectrophotometry. Revision
                          1.0. (Available on the OGWDW Web site at
                          h ftp ://www. epa .gov/safewater/methods/
                          sourcalt.html,)
                        USEPA 2003r. Method 415.3. Determination
                          of Total Organic Carbon, and Specific UV
                          Absorbance at  254 nm in Source Water and
                          Drinking Water. Revision 1.0. NERL,
                          Cincinnati, OH 45268.
                        USEPA 2003s. Arsenic in Drinking Water:
                          Cessation Lag Model. Prepared by Sciences
                          International. Contract No. 68-C-98-195.
                          January, 2003.
                        Veeramachaneni, D.N.R., T.T. Higuchi, J.S.
                          Palmer, and C.M. Kane. 2000.
                          Dibromoacetic Acid, a Disinfection By-
                          product in Drinking Water, Impairs Sexual
                          Function and Fertility in Male Rabbits.
                          Paper presented at the annual meeting for
                          the Society for the Study of Reproduction,
                          Madison, Wisconsin.
                        Vena, JE, Graham, S, Freudenheim, J,
                          Marshall, J, Zielezny, M,  Swanson, M,
  Sufrin, G. 1993. Drinking water, fluid
  intake, and bladder cancer in western New
  York. Archives of Environmental Health,
  48(3):191-8.
Ventura, S.J., W.D. Mosher, S.C. Curtin, |.C.
  Abma, and S. Henshaw. 2000. "Trends in
  Pregnancies and Pregnancy Rates by
  Outcome: Estimates for the United States,
  1976-96." National Center for Health
  Statistics. Vital Health Stat 21(56).
Villanueva, C.M., F. Fernandez, N. Malats,
  J.O. Grimalt, M. Kogevinas. 2003. Meta-
  analysis of Studies on Individual
  Consumption of Chlorinated Drinking
  Water and Bladder Cancer. J Epidemiol
  Community Health, 57:166-173.
Wagner, H.P., Pepich, B.V., Frebis, C,
  Hautman, D.P., Munch, D.J., and Jackson,
  P.E. 2001. A Collaborative Study of EPA
  Method 317.0 for the Determination of
  Inorganic Oxyhalide Disinfection By-
  Products in Drinking Water using  Ion
  Chromatography with the Addition of a
  Postcolumn Reagent for Trace Bromate
  Analysis. Journal of Chromatographic
  Science. Vol 39 (255-259), June 2001.
Wagner, H.P., Pepich, B.V., Frebis, C.,
  Hautman, D.P. and Munch, D.J. 2002. U.S.
  Environmental Protection Agency Method
  326.0, a new method for monitoring
  inorganic oxyhalides and optimization of
  the postcolumn derivatization for the
  selective determination of trace levels of
  bromate. Journal of Chromatography. A.
  Vol. 956 (93-101), May 2002.
Wallace, L.A. 1997. Human exposure and
  Body Burden for Chloroform and Other
  Trihalomethanes., Grit. Rev. Environ.  Sci.
  Technol. 27:113-94.
Waller, K., S.H. Swan, G. DeLorenze, B.
  Hopkins. 1998. Trihalomethanes in
  Drinking Water and Spontaneous Abortion.
  Epidemiology. 9(2):134-140.
Waller, K., S.H. Swan, G.C. Windham, L.
  Fenster. 2001. Influence of Exposure
  Assessment Methods on Risk Estimates in
  an Epidemiologic Study of Total
  Trihalomethane Exposure and
  Spontaneous Abortion. Journal of Exposure
  Analysis and Environmental
  Epidemiology. 11(6): 522-531.
Weisel, C.P. and W.K. Jo. 1996. Ingestion,
  Inhalation, and Dermal Exposures to
  Chloroform and Trichloroethene from Tap
  Water. Environmental Health Perspectives.
  104(1): 48-51.
WHO 2000. World Health Organization,
  International Programme on Chemical
  Safety (IPCS). Environmental Health
  Criteria 216: Disinfectants and Disinfectant
  By-products.
Williams, S.L., Rindfleisch, D.F., and
  Williams, RL. 1995. Deadend on Haloacetic
  Acids (HAA). In Proceedings of the 1994
  AWWA Water Quality Technology
  Conference, November 1994.
Windham GC, Waller K, Anderson M,
  Fenster L, Mendola P,  Swan S. 2003.
  Chlorination by-Products in Drinking
  Water and Menstrual Cycle Function.
  Environ Health Perspect: doi:10.1289/
  ehp.5922. http://ehpnetl.niehs.nih.gov/
  docs/2003/5922/abstract.html
Yang, C.Y., H.F. Chiu, M.F. Cheng, et al.
  1998. Chlorination of Drinking Water and
  Cancer Mortality in Taiwan.
  Environmental Research 78(l):l-6.

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                Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed  Rules
                                                                      49663
Yang, V., B. Cheng, S. Tsai, T. Wu, M. Lin
  M. and K. Lin. 2000. Association between
  Chlorination of Drinking Water and
  Adverse Pregnancy Outcome in Taiwan.
  Environ. Health. Perspect. 108:765-68.
Zheng, M., S. Andrews, and J. Bolton. 1999.
  Impacts of medium-pressure UV on THM
  and HAA formation in pre-UV chlorinated
  drinking water. Proceedings, Water Quality
  Technology Conference of the American
  Water Works Association, Denver, CO.

List of Subjects

40 CFR Part  141
  Chemicals, Indians-lands,
[ntergovernmental relations, Radiation
protection, Reporting and recordkeeping
requirements, Water supply.

40 CFR Part  142
  Administrative practice and
procedure, Chemicals, Indians-lands,
Radiation protection, Reporting and
recordkeeping requirements,  Water
supply.

40 CFR Part  143
  Chemicals, Indians-lands, Water
supply.
  Dated: July 11,2003.
Linda ]. Fisher,
Acting Administrator.
  For the reasons set forth in the
preamble, title 40 chapter I of the Code
of Federal Regulations is proposed to be
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, and300j-ll.
  2. Section 141.2 is amended by
adding, in alphabetical order,
definitions for "Combined distribution
system", "Consecutive system",
"Consecutive system entry point",
"Dual sample sets", "Finished water",
"Locational running annual average",
and "Wholesale system" to read as
follows:

§141.2  Definitions.
*****

  Combined distribution system is the
interconnected distribution system
consisting of the distribution systems of
wholesale systems and of the
consecutive systems that receive
finished water from those wholesale
system(s).
*****

  Consecutive system is a public water
system that buys or otherwise receives
some or all of its finished water from
one or more wholesale systems, for at
least 60 days per year.
  Consecutive system entry point is a
location at which finished water is
delivered at least 60 days per year from
a wholesale system to a consecutive
system.
*****

  Dual sample set is a set of two
samples collected at the same time  and
same location, with one sample
analyzed for TTHM and the other
sample analyzed for HAAS. Dual sample
sets are collected for the purposes of
conducting an IDSE under subpart U of
this part and determining compliance
with the TTHM and HAA5 MCLs under
subpart V of this part.
                                                                                Finished water is water that is
                                                                              introduced into the distribution system
                                                                              of a public water system and is intended
                                                                              for distribution without further
                                                                              treatment, except that necessary to
                                                                              maintain water quality.
                                                                              *****

                                                                                Locational running annual overage
                                                                              (LRAA) is the average of sample
                                                                              analytical results for samples taken at a
                                                                              particular monitoring site during the
                                                                              previous four calendar quarters.
                                                                              *****

                                                                                Stage 2A is the period beginning [date
                                                                              three years following publication of the
                                                                              final rule] until the dates specified in
                                                                              subpart V of this part for compliance
                                                                              with Stage 2B, during which systems
                                                                              must comply with Stage 2A MCLs in
                                                                              §141.B4(b)(2).
                                                                              *****

                                                                                Wholesale system is a public water
                                                                              system that treats source water and then
                                                                              sells or otherwise delivers finished
                                                                              water to another public water system for
                                                                              at least 60 days per year. Delivery may
                                                                              be through a direct connection or
                                                                              through the distribution system of one
                                                                              or more consecutive systems.
                                                                                3. In § 141.23, the table in paragraph
                                                                              (k)(l) is amended by revising entries 13,
                                                                              18,19, and 20; revising the
                                                                              undesignated text after the table; and
                                                                              adding a new footnote 19 to read as
                                                                              follows:

                                                                              §141.23  Inorganic chemical sampling and
                                                                              analytical requirements.
                                                                              *****

                                                                                (k) Inorganic analysis:
         Contaminant and methodology13
          EPA
                                                            ASTM3
SM4(18th, 19th
     ed.)
SM"(20thed.)
                                                                                                          Other
13. Fluoride:
   Ion Chromatography	     6300.0  D4327-97        4110 B          4110 B
                                                19 300.1
   Manual Distill.; Color. SPADNS	               4500-F B, D     4500-F B, D
   Manual Electrode 	  D1179-93B      4500-F C        4500-F C
   Automated Electrode	
   Automated Alizarin  	               4500-F E        4500-F E
                                                               380-75WE11
                                                               129-71W11
18. Nitrate:
   Ion Chromatography
          6300.0  D4327-97
          19 300.1
          6 353.2  D3867-90A
                                                                        4110 B

   Automated Cadmium Reduction 	     6353.2  D3867-90A      4500-NO3 F
   Ion Selective Electrode 	               4500-NO3 D
   Manual Cadmium Reduction 	  D3867-90B      4500-NO3 E
19. Nitrite:
   Ion Chromatography	     6300.0  D4327-97        4110 B
                                                19 300.1
   Automated Cadmium Reduction 	     6353.2  D3867-90A      4500-NO3 F
   Manual Cadmium Reduction 	  D3867-90B      4500-NO3 E
   Spectrophotometric 	,	                 4500-NO2 B
20. Orthophosphate:12
               4110 B

               4500-NO3 F
               4500-NO3 D
               4500-NOj E

               4110 B

               4500-NOj F
               4500-NO3 E
               4500-NO2 B
               B10118
                                                                                                      601 7
                                                                                                      B-10118

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  49664
Federal Register/Vol. 68, No. 159/Monday, August 18, 2003/Proposed Rules

Contaminant and methodology13
Colorimetric, automated, ascorbic acid 	
Colorimetric, ascorbic acid, single reagent 	
Colorimetric, phosphomolybdate 	
Automated-segmented flow 	
Automated discrete 	
Ion Chromatography 	


EPA ASTM *
6365 1
	 D515-88A



6 300 0 D4327 97
19 300.1

SM«(18th, 19th
ed.)
45QQ-P F
4500-P E






SM"(20thed.)








Other







 tained from the Safe Drinking Water Hotline at 800-426-4791. Documents may be inspected at EPA's Drinking Water Docket  EPA West 1301
 Constitution Avenue NW., Room B102, Washington, DC 20460 (Telephone: 202-566-2426); or at the Office of the Federal Register 80o' North
 Capitol Street, NW., Suite 700, Washington, DC.
   *******
   3 Annual Book of ASTM Standards,  1994, 1996, or 1999, Vols. 11.01 and 11.02, ASTM International; any year containing the cited version of
 the method may be used. The previous versions of D1688-95A. D1688-95C (copper), D3559-95D (lead), D1293-95 (pH), D1125-91A (conduc-
 tivity) and D859-94 (silica) are also approved. These previous versions D1688-90A, C; D3559-90D, D1293-84,  D1125-91A and D859-88 re-
 fPePtlveJy.are '?catld in the Annual Book of As™ Standards, 1994, Vol.  11.01. Copies may be obtained from ASTM International, 100 Barr
 Harbor Dnve, West Conshohocken, PA 19428.
   4 Standard 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 mav
 be used, except that the versions of 31 11 B.3111 D, 3113 B and 3114 B in the 20th edition may not be used
   5 Method 1-2601-90, Methods for Analysis by the U.S. Geological Survey National Water Quality  Laboratory— Determination of Inorganic and
 Organic Constituents in Water and Fluvial Sediment, Open File Report 93-125, 1993; For Methods  1-1030-65' 1-1601-85" 1-1700-85- I-2598-
 ?^)r270(?r??; ?nd 'r3,300-85 See Techniques of Water Resources Investigation of 'the U.S. Geological Survey,  Book 5, Chapter A-V 3rd ed
 1989; Available from Information Services, U.S. Geological  Survey, Federal Center, Box 25286, Denver, CO 80225-0425
 DDftl^^Soo/^ the  Determination of Inorganic Substances in Environmental Samples", EPA/600/R-93/100, August 1993. Available at NTIS
 PB94— 120821.                                                                                                          '
 ,.rt,.     ln accordance with the Technical Bulletin 601 "Standard Method of Test for Nitrate in Drinking Water"  July
 1994, PN 221890-001, Analytical Technology, Inc. Copies may be obtained from ATI Orion, 529 Main Street, Boston MA 02129
   ^Method B-1 011, "Waters Test Method for Determination of Nitrite/Nitrate in Water Using Single Column Ion Chromatographv," August 1987
 Copies may be obtained from Waters Corporation, Technical Services Division, 34 Maple Street, Mlford, MA 01757.

   11 Industrial Method No  129-7 1W, "Fluoride in Water and Wastewater", December 1972, and Method No. 380-75WE, "Fluoride in Water and
 Wastewater ,  February 1976, Technicon Industrial Systems. Copies may be obtained from Bran & Luebbe, 1025 Busch Parkway, Buffalo Grove,
   12Unfiltered, no digestion or hydrolysis.
   "Berause.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 ana yzed by direct analysis (i.e., no sample digestion) will be higher. For direct analysis of cadmium and ar-
 senic by Method 200.7, and arsenic by Method 3120 B sample preconcentration using pneumatic nebulization may be reguired to achieve lower
 ?f «l l?n^ To i Pre^?n^n^tl^umay^™b^^quir?d for direct ana|Vsis 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.

  J9"Methpds for Jhe Determination of Organic and Inorganic Compounds in Drinking Water", Vol. 1, EPA 815-R-00-014, August 2000. Avail-
 able at NTIS, PB2000— 106981.
   4. Section 141.24 is amended by
 revising paragraph (e)(l) and by revising
 entry 30 in the table in paragraph (e)(l)
 to read as follows:

 § 141.24 Organic chemicals, sampling and
 analytical requirements.
 *****
   (e) *  * *
   (1) The following documents are
 incorporated by reference. This
 incorporation by reference was
 approved by the Director of the Federal
 Register in accordance with 5 U.S.C.
 552(a) and 1 CFR Part 51.  Copies may
 be inspected at EPA's Drinking Water
 Docket, 1301 Constitution Avenue, NW.,
 EPA West, Room B102, Washington, DC
 20460 (Telephone; 202-566-2426); or at
 the Office of the Federal Register, 800
North Capitol Street, NW., Suite 700,
Washington, DC. Method 508A and
 515.1 are in Methods for the
Determination of Organic Compounds
                      in Drinking Water, EPA/600/4-88-039,
                      December 1988, Revised, July 1991.
                      Methods 547, 550 and 550.1 are in
                      Methods for the Determination of
                      Organic Compounds in Drinking
                      Water—Supplement I, EPA/600-4-90-
                      020, July 1990. Methods 548.1, 549.1,
                      552.1 and 555 are in Methods for the
                      Determination of Organic Compounds
                      in Drinking Water—Supplement II,
                      EPA/600/R-92-129, August 1992.
                      Methods 502.2, 504.1, 505, 506, 507,
                      508, 508.1, 515.2, 524.2 525.2, 531.1,
                      551.1 and 552.2 are in Methods for the
                      Determination of Organic Compounds
                      in Drinking Water— Supplement III,
                      EPA/600/R-95-131, August 1995.
                      Method 1613 is titled "Tetra-through
                      Octa-Chlorinated Dioxins and Furans by
                      Isotope-Dilution HRGC/HRMS", EPA/
                      821-B-94-005, October 1994. These
                      documents are available from the
                      National Technical Information Service,
                      NTIS PB91-231480, PB91-146027,
PB92-207703, PB95-261616 and PB95-
104774, U.S. Department of Commerce,
5285 Port Royal Road, Springfield,
Virginia 22161. The toll-free number is
800-553-6847. Method 6651 shall be
followed in accordance with Standard
Methods for the Examination of Water
and Wastewater, 18th edition [1992),
19th edition (1995), or 20th edition
(1998), American Public Health
Association (APHA); any of these three
editions may be used. Method 6610
shall be followed in accordance with
Standard Methods for the Examination
of Water and Wastewater, (18th Edition
Supplement) (1994), or with the 19th
edition (1995) or  20th edition (1998) of
Standard Methods for the Examination
of Water and Wastewater, any of these
publications may be used. The APHA
documents are available from APHA,
1015 Fifteenth Street NW., Washington,
D.C. 20005. Other required analytical
test procedures germane to the conduct

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                 Federal Register /Vol. 68, No.  159/Monday,  August 18, 2003/Proposed Rules
                                                                                     49665
of these analyses are contained in
Technical Notes on Drinking Water
Methods, EPA/600/R-94-173, October
1994, NTIS PB95-104766. EPA Methods
515.3 and 549.2 are available from U.S.
Environmental Protection Agency,
National Exposure Research Laboratory
(NERL)—Cincinnati, 26 West Martin
Luther King Drive, Cincinnati, OH
45268. ASTM Method D 5317-93 is
available in the Annual Book of ASTM
Standards, (1999), Vol. 11.02, ASTM
International, 100 Barr Harbor Drive,
West Conshohocken, PA 19428, or in
any edition published after 1993. EPA
Method 515.4, "Determination of
                Chlorinated Acids in Drinking Water by
                Liquid-Liquid Microextraction,
                Derivatization and Fast Gas
                Chromatography with Electron Capture
                Detection," Revision 1.0, April 2000,
                EPA/815/B-00/001 and EPA Method
                552.3, "Determination  of Haloacetic
                Acids and Dalapon in Drinking Water
                by Liquid-Liquid Microextraction,
                Derivatization, and Gas Chromatography
                with Electron Capture Detection,"
                Revision 1.0, July 2003 can be accessed
                and downloaded directly on-line at
                h tip://www. epa.gov/safewater/methods/
                sourcalt.html. The Syngenta AG-625,
                "Atrazine in Drinking Water by
                                       Immunoassay", February 2001 is
                                       available from Syngenta Crop
                                       Protection, Inc., 410 Swing Road, Post
                                       Office Box 18300, Greensboro, NC
                                       27419, Phone number (336) 632-6000.
                                       Method 531.2 "Measurement of N-
                                       methylcarbamoyloximes and N-
                                       methylcarbamates in Water by Direct
                                       Aqueous Injection HPLC with
                                       Postcolumn Derivatization," Revision
                                       1.0, September 2001, EPA 815/B/01/002
                                       can be accessed and downloaded
                                       directly on-line at http://www.epa.gov/
                                       safewater/m ethods/sourcah.html.
                   Contaminant
                                                    EPA method
                                            Standard methods
                                                  ASTM
                                                      Other
30. Dalapon
                               552.1,515.1,
                               552.2, 515.3,
                                515.4, 552.3
  1For previously approved EPA methods which remain available for compliance monitoring until June 1, 2001, see paragraph (e)(2) of this
section.
  5. Section 141.33 is amended by
revising the first sentence of paragraph
 a) introductory text, and adding
paragraph (f) to read as follows:

§141.33  Record maintenance.
     *    *    *    *
  (a) Records of microbiological
analyses and turbidity analyses made
pursuant to this part shall be kept for
not less  than 5 years. *  *  *
     *    *    *    *
  (f) Copies of monitoring plans
developed pursuant to this part shall be
kept for  the same period of time as the
records of analyses are required to be
kept under paragraph (a) of this section
or for three years after modification,
whichever is longer.
  6. Section 141.53 is amended by
revising the table to read as follows:

5141.53  Maximum contaminant level goals
for disinfection byproducts.
 Disinfection byproduct
Bromodichtoromethane
          Bromoform
            Bromate
            Chlorite
          Chloroform
Dibromochloromethane
    Dichloroacetic acid
 Monochloroacetic acid
   Trichloroacetic acid
MCLG (mg/L)
         zero.
         zero.
         zero.
           0.8
          0.07
          0.06
         zero.
          0.03
          0.02
  7. Section 141.64 is revised to read.as
;ollows:
                §141.64  Maximum contaminant levels for
                disinfection byproducts.

                 (a) Bromate and chlorite. The
                maximum contaminant levels (MCLs)
                forbromate and chlorite are as follows:
Disinfection byproduct



MCL (mg/L)
0.010
1.0

  (1) Compliance dates for CWSs and
NTNCWSs. Subpart H systems serving
10,000 or more persons must comply
with this paragraph (a) beginning
January 1, 2002. Subpart H systems
serving fewer than 10,000 persons and
systems using only ground water not
under the direct influence  of surface
water must comply with this paragraph
(a) beginning January 1, 2004.
  (2) Best available technology. The
Administrator, pursuant to section 1412
of the Act, hereby identifies the
following as the best technology,
treatment techniques, or other means
available for achieving compliance with
the maximum contaminant levels for
bromate and chlorite identified in  this
paragraph (a):
 Disinfection
 byproduct
Bromate  	
  Best available technology
Control of ozone treatment
  process to reduce produc-
  tion bromate.
                                        Disinfection
                                         byproduct
                                                                                            Best available technology
Chlorite 	
Control of treatment processes
to reduce disinfectant de-
mand and control of dis-
infection treatment proc-
esses to reduce disinfectant
levels.
                                                        (b) TTHM and HAAS.
                                                        (1) Subpart L—RAA compliance, (i)
                                                      Compliance dates. Subpart H systems
                                                      serving 10,000 or more persons must
                                                      comply with this paragraph (b)(l)
                                                      beginning January  1, 2002 until the date
                                                      specified for subpart V of this part
                                                      compliance in § 141.620{c). Subpart H
                                                      systems serving fewer than 10,000
                                                      persons and systems using only ground
                                                      water not under the direct influence of
                                                      surface water must comply with this
                                                      paragraph (b)(l) beginning January 1,
                                                      2004 until the date specified for subpart
                                                      V of this part compliance in
                                                      §141.620(c).
Disinfection byproduct
Total trihalomethanes (TTHM) 	
Haloacetic acids (five) (HAAS) 	
MCL
(mg/L)
0.080
0.060
  (ii) Best available technology. The
Administrator, pursuant to section 1412
of the Act, hereby identifies the
following as the best technology,
treatment techniques, or other means

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  49666
Federal  Register/Vol. 68, No.  159/Monday.  August  18,  2003/Proposed Rules
  available for achieving compliance with
  the maximum contaminant levels for
  TTHM and HAAS identified in this
  paragraph (b)(l):
  Disinfection byproduct
  Total trihalomethanes
   (TTHM) and
   Halaocetic acids
   (five) (HAAS).
      Best available
       technology
   Enhanced coagula-
    tion or enhanced
    softening or
    GAG 10, with chlo-
    rine as the primary
    and residua)
    disinfectant.
   (2) Stage 2A—LRAA compliance, (i)
 Compliance dates. The Stage 2A MCLs
 for TTHM and HAAS must be complied
 with as a locational running annual
 average at each subpart L of this part
 compliance monitoring location under
 § 141.136 beginning [date three years
 after publication of the final rule] until
 the date specified for subpart V of this
 part compliance in § 141,620(c).
Disinfection byproduct
Total trihalomethanes (TTHM) 	
Haloacetic acids (five) (HAAS) 	
MCL
(mg/L)
0.120
0.100
   (ii) Best available technology. The
 Administrator, pursuant to section 1412
 of the Act, hereby identifies the
 following as the best technology,
 treatment techniques, or other means
 available for achieving compliance with
 the maximum contaminant levels for
 TTHM and HAA5 identified in this
 paragraph (b)(2):
Disinfection
byproduct
Best available
technology
 Total
  trihalomethanes
  {TTHM) and
  Haloacetic acids
  (five) (HAAS).
Enhanced coagulation
  or enhanced soft-
  ening orGACIO, with
  chlorine as the pri-
  mary and residual
  disinfectant.
  (3) Subpart V LRAA compliance, (i)
 Compliance dates. The subpart V of this
 part MCLs for TTHM and HAAS must
 be complied with as a locational
 running annual average at each
 monitoring location beginning the date
 specified for Subpaxt V of this part
 compliance in § 141.620(c).
Disinfection byproduct
Total trihalomethanes (TTHM) 	
Haloacetic acids (five) (HAAS) 	
MCL
(mg/L)
0.080
0.060
  (ii) Best technology for systems that
disinfect their source water. The
Administrator, pursuant to section 1412
of the Act, hereby identifies the
  following as the best technology,
  treatment techniques, or other means
  available for achieving compliance with
  the maximum contaminant levels for
  TTHM and HAAS identified in this
  paragraph (b)(3) for all systems that
  disinfect their source water:
    Disinfection
    byproduct
 Total
   trihalomethan-
   es (TTHM)
   and
   Haloacetic
   adds (five)
   (HAAS).
 Best available technology
Enhanced coagulation or
  enhanced softening, plus
  GAC10;ornanoftltration
  with a molecular weight
  and cutoff 51000 Dai-
  tons; or GAC20.
                        (iii) Best available technology for
                     systems that buy disinfected water. The
                     Administrator, pursuant to section 1412
                     of the Act, hereby identifies the
                     following as the best technology,
                     treatment techniques, or other means
                     available for achieving compliance with
                     the maximum contaminant levels for
                     TTHM and HAA5 identified  in this
                     paragraph (b)(3) for systems that buy
                     disinfected water:
                                         Disinfection
                                          byproduct
                     Total
                       trihalomethan-
                       es (TTHM)
                       and
                       Haloacetic
                       acids (five)
                       (HAAS).
                                     Best available technology
                Improved distribution sys-
                  tem and storage tank
                  management to reduce
                  detention time plus the
                  use of chloramines for
                  disinfectant residual
                  maintenance.
   (c) Extensions. A system that is
 installing GAG or membrane technology
 to comply with the MCLs in paragraphs
 (a) or (b)(l) of this section may apply to
 the State for an extension of up to 24
 months past January 1, 2002, but not
 beyond January 1, 2004. In granting the
 extension, States must set a schedule for
 compliance and may specify any
 interim measures that the system must
 take. Failure to meet the schedule or any
 interim treatment requirements
 constitutes a violation of a National
 Primary Drinking Water Regulation.

 Subpart L—[Amended]
  8.  Section 141.131 is amended by
 revising paragraphs (a), (b), (d)(2), (d)(3),
 (d)(4)(i), (d)(4)(ii), and the table in
 paragraph (c)(l), and adding paragraph
 (d)(6) to read as follows:

 §141.131  Analytical requirements.
  (a) General. (1) Systems must use only
the analytical methods specified in this
section, or their equivalent as approved
by EPA, to demonstrate compliance
with the requirements of this subpart
and with the requirements of subparts U
 and V. These methods are effective for
 compliance monitoring February 16,
 1999, unless a different effective date is
 specified in this section or by the State.
   (2) The following documents are
 incorporated by reference. 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. Copies may be inspected
 at EPA's Drinking Water Docket, 1301
 Constitution Avenue, NW., EPA West,
 Room B102, Washington, DC 20460, or
 at the Office of the Federal Register, 800
 North Capitol Street, NW., Suite 700,
 Washington, DC. EPA Method 552.1 is
 in Methods for the Determination of
 Organic Compounds in Drinking Water-
 Supplement U, USEPA, August 1992,
 EPA/600/R-92/129 (available through
 National Information Technical Service
 (NTIS), PB92-207703). EPA Methods
 502.2, 524.2, 551.1, and 552.2 are in
 Methods for the Determination of
 Organic Compounds in Drinking Water-
 Supplement III, USEPA, August  1995,
 EPA/600/R-95/131. (Available through
 NTIS, PB95-261616). EPA Method
 300.0 for chlorite and bromide is in
 Methods for the Determination of
 Inorganic Substances in Environmental
 Samples, USEPA, August 1993, EPA/
 600/R-93/100 (available through NTIS,
 PB94-121811). EPA Methods 300.1 for
 chlorite, bromate, and bromide and
 321.8 for bromate are in Methods for the
 Determination of Organic and Inorganic
 Compounds in Drinking Water, Volume
 1, USEPA, August 2000, EPA 815-R-
 00-O14 (available through NTIS,
 PB2000-106981}. EPA Method 317.0,
 Revision 2.0, "Determination of
 Inorganic Oxyhalide Disinfection By-
 Products in  Drinking Water Using Ion
 Chromotography with the Addition of a
 Postcolumn Reagent for Trace Bromate
 Analysis," USEPA, July 2001, EPA 815-
 B-01-001, EPA Method 326.0, Revision
 1.0, "Determination of Inorganic
 Oxyhalide Disinfection By-Products in
 Drinking Water Using Ion
 Chromatography Incorporating the
 Addition of a Suppressor Acidified
 Postcolumn  Reagent for Trace Bromate
 Analysis," USEPA, June 2002, EPA 815-
 R-03-007, EPA Method 327.0, Revision
 1.0, "Determination of Chlorine Dioxide
 and Chlorite Ion in Drinking Water
 Using Lissamine Green  B and
 Horseradish  Peroxidase with Detection
by Visible Spectrophotometry," USEPA,
July 2003, and EPA Method 552.3,
Revision 1.0, "Determination of
Haloacetic Acids and Dalapon in
Drinking Water by Liquid-liquid
Extraction, Derivatization,  and Gas
Chromatography with Electron Capture
Detection," USEPA, July 2003, can be

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                Federal Register/Vol. 68, No. 159/Monday, August  18,  2003/Proposed  Rules
                                                                      49667
accessed and downloaded directly on-
line at www.epa.gov/sajewater/
methods/sourcalt.html. EPA Method
i!5.3, Revision 1.0, "Determination of
rotal Organic Carbon and Specific UV
Absorbance at 254 nm in Source Water
and Drinking Water," USEPA, June
2003, is available from: Chemical
Exposure Research Branch,
Microbiological & Chemical Exposure
Assessment Research Division, National
Exposure Research Laboratory, U.S.
Environmental Protection Agency,
 incinnati, OH 45268, Fax Number
513-569-7757, Phone number: 513-
569-7586. Standard Methods 4500-C1
D, 4500-C1 E, 4500-C1 F, 4500-C1 G,
4500-C1 H, 4500-C11, 4500-C1O2 E,
5251 B, and 5910 B shall be followed in
accordance with  Standard Methods for
the Examination of Water and
Wastewater, 19th or 20th Editions or the
On-Line Version, American Public
Health Association, 1995,1998, and
2003, respectively. The cited methods
published in any of these three editions
may be used. Standard Method 4500-
ClOa D shall be followed in accordance
with Standard Methods for the
Examination of Water and Wastewater,
19th or 20th Editions, American Public
Health Association, 1995 and 1998,
respectively. Standard Methods 5310 B,
5310 C, and 5310 D shall be followed in
accordance with the Supplement to the
19th Edition of Standard Methods for
the Examination of Water and
Wastewater, or  the Standard Methods
for the Examination of Water and
Wastewater, 20th Edition, or the On-
Line Version, American Public Health
Association, 1995,1998, and 2003,
respectively. The cited methods
published in any of these editions may
be used. Copies may be obtained from
the American Public Health
Association, 1015 Fifteenth Street, NW.,
Washington, DC 20005. ASTM Method
D 1253-86 shall be followed in
accordance with the Annual Book of
ASTM Standards, Volume 11.01,
American Society for Testing and
Materials, 1996 or any year containing
the cited version of the method may be
used. ASTM D 6581-00 shall be
followed in accordance with the Annual
Book of ASTM Standards, Volume
11.01, American Society for Testing and
Materials, 2001 or any year containing
the cited version of the method may be
used; copies may be obtained from the
American Society for Testing and
Materials, 100 Barr Harbor Drive,  West
Conshohoken, PA 19428-2959.
  (b) Disinfection byproducts. (1)
Systems must measure disinfection
byproducts by the methods (as modified
by the footnotes) listed in the following
table:
                    APPROVED METHODS FOR DISINFECTION BYPRODUCT COMPLIANCE MONITORING
                 Contaminant and methodology
                                                                         EPA method
                                                          Standard
                                                          Method2
                               ASTM
                              Method3
TTHM:
   P&T/GC/EtCD & PID 	
   P&T/GC/MS 	
   LLE/GC/ECD	
HAAS:
   LLE (dtazomethane)/GC/ECD ...
   SPE (acidic methanol)/GC/ECD
   LLE (acidic methanol)/GC/ECD ,
Bromate:
   Ion chromatography	
   Ion chromatography & post column reaction
   1C/ICP-MS 	
Chlorite:
   Amperometric titration	
   Spectrophotometry ..
   ton chromatography
                        502.2 4
                        524.2
                        551.1
                        552.1 5
                        552:2, 552.3.

                        300.1

                        317.0 Rev 2.06, 326.06
                        321.8 6-7
                        327.0 8.
                        300.0, 300.1, 317.0 Rev. 2.0, 326.0
                                                        6251 B5.
                                                        4500-C1O2
                                                          E8.
                             D 6581-
                               00
                             D 6581-
                               00
  1 P&T = purge and trap; GC = gas chromatography; EICD = electrolytic conductivity detector; PID = photoiontzation detector; MS = mass spec-
trometer; LLE = liquid/liquid extraction; ECD = electron capture detector; SPE = solid phase extraction; 1C = ion chromatography; ICP-MS = in-
ductively coupled plasma/mass spectrometer
  2 219th or 20th editions or the On-Line Version of Standard Methods for the Examination of Water and Wastewater, 1995, 1998, and 2003, re-
spectively, American Public Health Association; any of these editions may be used.
  3 Annual Book of ASTM Standards, 2001 or any year containing the cited version of the method, Vol 11.01.
  4 If TTHMs are the only analytes being measured in the sample, then a PID is not required.
  5The samples must be extracted within 14 days of sample collection.
  6 Ion chromatography & post column reaction or IC/ICP-MS must be used for monitoring of bromate for purposes of demonstrating eligibility of
•educed monitoring, as prescribed in §141.132(b)(3){ii).
  7 Samples must be preserved at the time of sampling with 50 mg ethylenediamine (EDA)/L of sample and must be analyzed within 28 days.
  8 Amperometric titration or Spectrophotometry may be used for  routine daily monitoring of chlorite at the entrance to the distribution system, as
arescribed in §141.132(b)(2)(i)(A). Ion chromatography must be used for routine monthly monitoring of chlorite and additional monitoring of chlo-
•ite in the distribution system, as prescribed in §141.132(b)(2)(i)(B) and (b)(2)(ii).
  (2) Analysis under this section for
disinfection byproducts must be
conducted by laboratories that have
received certification by EPA or the
State, except as specified under
paragraph (b)(3)of this section. To
receive certification to conduct analyses
For the DBF contaminants in §§ 141.64,
141.135, and subparts U and V of this
part, the laboratory must:
  (i) Analyze Performance Evaluation
(PE) samples that are acceptable to EPA
or the State at least once during each
consecutive 12 month period by each
method for which the laboratory desires
certification.
  (ii) Achieve quantitative results on the
PE sample analyses that are within the
following acceptance limits which
become effective [date 60 days after date
of final rule publication] for purposes of
certification:

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 49668
Federal Register/Vol. 68,  No.  159/Monday, August  18, 2003/Proposed Rules

DBF
TTHM:
Bromodichloromethane 	
Dlbromochloromethane 	

HAAS:
Monochloroacetic Acid 	 	 	 ...
Dichloroacetic Acid 	
Trichloroacetic Acid 	
Monobromacetic Acid 	
Dibromoacetic Acid 	
Chlorite 	


Acceptance
limits
(percent)
±20
±20
±20
±20
±40
±40
±40
±40
±40
±30
±30
Comments
Laboratory must meet all 4 individual THM acceptance limits in
order to successfully pass a PE sample for TTHM.
Laboratory must meet the acceptance limits for 4 out of 5 of
the HAAS compounds in order to successfully pass a PE
sample for HAAS.
   (iii) Report quantitative data for
 concentrations at least as low as the
                        ones listed in tha following table for all
                        DBF samples analyzed for compliance
with §§ 141.64, 141.135, 141.136, and
subparts U and V of this part:
                          DBP
                                       Minimum re-
                                       porting level
                                         (ufl/L)7
                                                                                             Comments
TTHM2:
    Chloroform 	
    Bromodichloromethane
    Dibromochioromethane
    Bromoform	
HAA5:2
    Monochloroacetic Acid
    Dichloroacetic Acid  	
    Trichloroacetic Acid 	
    Monobromoacetic Acid
    Dibromoacetic Acid	
Chlorite	
Bromate  	
                                                1.0
                                                1.0
                                                1.0
                                                1.0

                                                2.0
                                                1.0
                                                1.0
                                                1.0
                                                1.0
                                              200.
                                          5.0 or 1.0
                                                                       Laboratories that use EPA Methods 317.0 Revision 2.0, 326.0
                                                                         or 321.8 must meet a 1.0 ng/L MRL for bromate.
  1The calibration curve must encompass the minimum reporting level (MRL) concentration and the laboratory must verify the accuracy of the
calibration curve at the lowest concentration for which quantitative data are reported by analyzing a calibration check standard at that concentra-
tion at the beginning of each batch of samples. The measured concentration for the check standard must be within ±50% of the expected value.
Data may be reported for concentrations lower than the MRL as long as the precision and accuracy criteria are met by analyzing a standard at
the lowest reporting limit chosen by the laboratory.
  2When adding the individual trihalomethane or haloacetic acid concentrations to calculate the TTHM or HAAS concentrations, respectively, a
zero is used for any analytical result that is less than the MRL concentration for that DBP.
  (3) A party approved by EPA or the
State must measure daily chlorite
                        samples at the entrance to the
                        distribution system.
  (c)
  (1)
Methodology

Low Level Amperometric Titration 	
DPD Ferrous Titrimetric 	
DPD Colorimetric 	
Syringaldazine (FACTS) 	
lodometric Electrode 	
DPD 	
Amperometric Method II 	
Lissamine Green Spectrophotometric ...
Standard
method
4500-CI D
4500-CI E
4500-CI F
4500-CI G
4500-CI
4500-CI
4500-CIO;
4500-CIC-2
- E
ASTM
method
D 1253-86
EPA method
327.0
Residual Measured 1
Free
chlorine
X
X
X
X
Combined
chlorine
X
X
X
Total
chlorine
X
X
X
X
X
Chlorine
dioxide
X
X
X
  1X indicates method is  approved for measuring specified disinfectant residual.  Free chlorine or total chlorine may be measured for dem-
onstrating compliance with the chlorine MRDL and combined chlorine or total chlorine may be measured for demonstrating compliance with the
chloramine MRDL.

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                Federal Register/Vol.  68,  No. 159/Monday, August 18, 2003/Proposed  Rules
                                                                     49669
  (d) * *  *
  (2) Bromide. EPA Methods 300.0,
300.1, 317.0 Revision 2.0, 326.0, or
ASTM D 6581-00.
  (3) Total Organic Carbon (TOO).
Standard Method 5310 B (High-
Temperature Combustion Method) or
Standard Method 5310 C (Persulfate-
Ultraviolet or Heated-Persulfate
Oxidation  Method) or Standard Method
5310 D (Wet-Oxidation Method) or EPA
Method 415.3. Inorganic carbon must be
removed from the samples prior to
analysis. TOG samples may not be
filtered prior to analysis. TOG samples
must be acidified at the time of sample
collection to achieve pH less than or
equal to 2 with minimal addition of the
acid specified in the method or by the
instrument manufacturer. Acidified
TOG samples  must be analyzed within
28 days.
  m *  * *
  (i) Dissolved Organic Carbon (DOC).
Standard Method 5310 B (High-
Pemperature Combustion Method) or
Standard Method 5310 C (Persulfate-
LJltraviolet or Heated-Persulfate
Dxidation Method} or Standard Method
5310 D (Wet-Oxidation Method) or EPA
vlethod 415.3. DOC samples must be
•iUered through the 0.45 urn pore-
iiameter filter as soon as practical after
sampling, not to exceed 48 hours.  After
iltration, DOC samples must be
icidified to achieve pH less than or
 qual to 2 with minimal addition of the
icid specified in the method or by the
nstrument manufacturer. Acidified
DOC samples must be analyzed within
i8 days. Inorganic carbon must be
-emoved from the samples prior to
malysis. Water passed through the filter
jriorto filtration of the sample must
ierve as the filtered blank. This filtered
>iank must be analyzed using
>rocedures identical to those used for
malysis of the samples and  must meet
he following criteria: DOC < 0.5 mg/L.
  (ii) Ultraviolet Absorption at 254 nm
UV254). Standard Method 5910 B
Ultraviolet Absorption Method) or EPA
Method 415.3. UV absorption must be
neasured at 253.7 nm (may  be rounded
tff to 254 nm). Prior to analysis, UV254
amples must be filtered through a 0.45
im pore-diameter filter. The pH of
JV254 samples may not be adjusted.
iampies must be analyzed as soon as
»ractical after sampling, not to exceed
8 hours.
    *    *    *    *
  (6) Magnesium. All methods allowed
n §141.23(k)(l) for measuring
aagnesium.
  9. Section 141.132 is amended by
evising paragraphs (b)(3)(ii) and (e) to
sad as follows:
 §141.132  Monitoring requirements.
 *****
   (b)* * *
   (i) *  *  *
   (ii) Reduced monitoring.
   (A) Until [date three years from final
 rule publication], systems required to
 analyze for bromate may reduce
 monitoring from monthly to quarterly, if
 the system's average source water
 bromide concentration is less than 0.05
 mg/L based on representative monthly
 bromide measurements for one year.
 The system may remain on reduced
 bromate monitoring until the running
 annual average source water bromide
 concentration, computed quarterly, is
 equal to or greater than 0.05  mg/L based
 on representative monthly
 measurements. If the running annual
 average source water bromide
 concentration is >0.05 mg/L, the system
 must resume routine monitoring
 required by paragraph (b)(3)(i) of this
 section.
   (B) Beginning [date three years from
 final rule publication], systems may no
 longer use the provisions of paragraph
 (b)(3)(ii)(A) of this section  to qualify for
 reduced monitoring. A system required
 to analyze for bromate may reduce
 monitoring from monthly to  quarterly, if
 the system's running annual average
 bromate concentration is less than
 0.0025 mg/L based on monthly bromate
 measurements under paragraph (b)(3)(i)
 of this section for the most recent four
 quarters, with samples analyzed using
 Method 317.0 Revision 2.0, 325.0 or
 321.8.  If a system has qualified for
 reduced bromate monitoring under
 paragraph (b)(3)(ii)(A) of this section,
 that system may remain on reduced
 monitoring as long as the running
 annual average of quarterly bromate
 samples does not exceed 0.0025 mg/L
 based on samples analyzed using
 Method 317.0 Revision 2.0, 325.0, or
 321.8. If the running annual average
 bromate concentration is >0.0025 mg/L,
 the system must resume routine
 monitoring required by paragraph
 (b)(3}(i) of this section.
 *****
  (e) Monitoring requirements for source
 water TOC. In order to qualify for
reduced monitoring for TTHM and
 HAAS under paragraph (b)(l)(ii) of this
 section, subpart H systems not
monitoring under the provisions of
paragraph (d) of this section must take
monthly TOC samples approximately
every 30 days at a location prior to any
treatment. In addition to meeting other
criteria for reduced monitoring in
paragraph Eb}(l)(ii) of this section, the
source  water TOC running  annual
average must be <4.0 mg/L  (based on the
 most recent four quarters of monitoring)
 on a continuing basis at each treatment
 plant to reduce or remain on reduced
 monitoring for TTHM and HAAS.
 *****
   10. Section 14l!l34 is amended by
 revising paragraph (b) introductory text
 to read as follows:

 §141.134  Reporting and recordkeeping
 requirements.
 *****
   (b) Disinfection byproducts. In
 addition to reporting required under
 §141.136(e), systems must report the
 information specified in the following
 table:
 *****
   11. Section 141.135 is amended by
 revising paragraph (a)(3)(ii) to read as
 follows:

 § 141.135  Treatment technique for control
 of disinfection byproduct (DBF) precursors.
   (a) *  *  *
   (3)*  *  *
   (ii) Softening that results in removing
 at least 10 mg/L of magnesium hardness
 (as CaCOj), measured monthly
 according to § 141.131(d)(6) and
 calculated quarterly as a running annual
 average.
 *****
   12. Section 141.136 is added to
 subpart L to read as follows:

 §141.136  Additional compliance
 requirements for Stage 2A.
  (a) Applicability. Any system that
 takes TTHM and HAAS compliance
 samples under this subpart at more than
 one location in its distribution system is
 subject to additional MCL requirements
 beginning [date 3 years after publication
 of final rule] until the dates identified
 for compliance with subpart V in
 § 141.620(c). Any system that takes
 samples at more than one location must
 calculate a locational running annual
 average (LRAA) for each sampling point
 and comply with the MCLs of 0.120 mg/
 L for TTHM and 0.100 mg/L for HAAS
 listed in § 141.64(b)(2), except as
 provided for under paragraph (c) of this
 section.
  (b) Compliance. (1) Systems must
 calculate a locational running annual
 average each quarter for each
 monitoring location at which they took
TTHM and HAA5 samples under their
 monitoring plan developed under
 § 141.132(f) by averaging the results of
TTHM or HAAS monitoring at that
sample location during the four most
recent quarters.
  (2) Systems required to conduct
quarterly monitoring under this subpart
must begin to make compliance
calculations under paragraph (b) of this

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 49670
Federal  Register/Vol. 68, No. 159/Monday, August 18, 2003/Proposed Rules
 section at the end of the fourth calendar
 quarter that follows the compliance date
 in paragraph (a) of this section and at
 the end of each subsequent quarter.
 Systems required to conduct monitoring
 at a frequency that is less than quarterly
 under this subpart must make
 compliance calculations under
 paragraph (b) of this section beginning
 with the first compliance sample taken
 after the compliance date in paragraph
 (a) of this section.
   (3) Failure to monitor will be treated
 as a monitoring violation for each
 quarter that a monitoring result would
 be used in a locational running annual
 average compliance calculation.
   {c) Consecutive systems. A
 consecutive system must comply with
 the TTHM and HAAS MCLs in
 § I41.64(b)(2) at each monitoring
 location in its distribution system
 identified in its monitoring plan
 developed under §141.132(f),
   (d) Reporting. Systems must submit
 the compliance calculations and
 locational running annual averages
 under this section as part of the reports
 required under § 141.134.

 Subpart O—[Amended]

   13. Section 141.151 is amended by
 revising paragraph (d) to read as
 follows:
§141.151
subpart.
                                Purpose and applicability of this
                        (d) For the purpose of this subpart,
                      detected means: At or above the levels
                      prescribed by § 141.23(a)(4) for
                      inorganic contaminants, at or above the
                      levels prescribed by § 141.24(f)(7) for
                      the contaminants listed in § 141.61(a), at
                      or above the levels prescribed by
                      § 141.24(h)(18) for the contaminants
                      listed in § 141.61(c), at or above the
                      levels prescribed by § 141.131(bJ(2)(iii)
                      for the contaminants or contaminant
                      groups listed in §141.64 and
                      § 141.153(d)(iv), and at or above the
                      levels prescribed by § 141.25(c) for
                      radioactive contaminants.
                      *****
                        14. Section 141.153 is amended by
                      revising paragraphs (d)(4)(iv)(B) and
                      (d)(4)(iv)(C) to read as follows:

                      § 141.153 Content of the reports.
                      *****
                        (d)*  * *
                        (4) * * *
                        (iv) *  *  *
                        (B) When compliance with the MCL is
                      determined by calculating a running
                      annual average of all samples taken at
                      a sampling point: the highest average of
                      any of the sampling points and the
                      range of all sampling points expressed
in the same units as the MCL. For the
MCLs for TTHM and HAA5 in
§ 141.64(b)(2) and (3), systems must
include the highest locational running
annual average for TTHM and HAAS
and the range of individual sample
results for all sampling points expressed
in the same units as the MCL. If more
than one site exceeds the MCL, the
system must include the locational
running annual averages for all sites that
exceed the MCL.
  (C) When compliance with the MCL is
determined on a system-wide basis by
calculating a running annual average of
all samples at all sampling points: the
average and range of detection
expressed in the same units as the MCL.
The system is not required to include
the range of individual sample results
for the IDSE conducted under subpart U
of this part.
                                       Subpart Q—[Amended]

                                         15. In Appendix A, the table is
                                       amended by revising entries I.G.I and
                                       1.G.2, and endnotes 12 and 20, to read
                                       as follows:
 APPENDIX A TO SUBPART Q OF PART  141—NPDWR VIOLATIONS AND OTHER SITUATIONS REQUIRING PUBLIC NOTICE 1
                  Contaminant
                                MCL/MRDL/TT violations2

                              Tier of pub-
                                lic notice        Citation
                                required
                                      Monitoring and testing procedure violations

                                   Tier of pub-
                                    lic notice               Citation
                                    required
I. Violations of National Primary Drinking Water Regula-
  tions (NPDWR):3
G. Disinfection Byproducts, * *
1.
2.
Total trihalomethanes (TTHM) 	
Haloacetic acids (HAAS) 	

2
2

141.1212,
141.64(b)M
141.64(b)20
3
3
141.3012,
141.132(aHb)20,
141.620-.630
141.132(aMb)2°,
141.620-.630
Appendix A—Endnotes
  12. §§141.12 and 141.30 will no longer
apply after December 31, 2003.
*****
  20. §§141.64fb)(l) and 141.132(a)-(b) apply
until §§ 141.64(b)(3) and 141.62u-.630 take
                     effect under the schedule in § 141.620(c).
                     § 141.64(b)(2) takes effect on [date three years
                     following final rule publication] and remains
                     in effect until the effective dates for subpart
                     V of this part compliance in the table in
                     §141.620(c).
                                        16. In Appendix B the table is
                                      amended by revising entries H.79, H.80,
                                      and endnote 17, and adding endnote 23,
                                      to read as follows:

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                 Federal Register/Vol.  68, No.  159/Monday, August 18, 2003/Proposed Rules
                                                                                       49671
     APPENDIX B TO SUBPART Q OF PART  141—STANDARD HEALTH EFFECTS LANGUAGE FOR PUBLIC NOTIFICATION

                                                                                                          Standard health
                                                                  MCLG1 mgl           Mr| 2    «            effects language
                                                                      L               MUL mg/L              for public
                                                                                                            notification
Contaminant
H. Disinfection Byproducts (DBPs), • • *".
  . Total trihafomethanes (TTHLM)  	   N/A
JO. Haloacetic acids (HAAS)	   N/A
                                                   0.10/0.120/0.080 '"•
                                                   0.060/0.1002P.«
Vppendix B—Endnotes
     *    *    *     *
 17. Surface water systems and ground
vater systems under the direct influence of
iurface water are regulated under subpart H
>f 40 CFR 141. Subpart H community and
ion-transient non-community systems
ierving £10,000 must comply with subpart L
3BP MCLs and disinfectant maximum
esidual disinfectant levels (MRDLs)
>eginning January 1, 2002. All other
:ommunity and non-transient non-
jommunity systems must comply with
mbpart L DBF MCLs and disinfectant MRDLs
reginning January 1, 2004. Subpart H
ransient non-community systems serving
:10,000 that use chlorine dioxide as a
lisinfectant or oxidant must comply with the
ihlorine dioxide MRDL beginning January 1,
!002. All other transient non-community
ystems that use chlorine dioxide as a
lisinfectant or oxidant must comply with the
ihlorine dioxide MRDL beginning January 1,
!004.
     *    *    *     *
 23. Community and non-transient nori-
:ommunity systems must comply with
[THM and HAAS MCLs of 0.120 mg/L and
1.100 mg/L, respectively (with compliance
;alculated as a locational running annual
iverage) beginning [date three years
ollowing publication of final rule] until they
ire required to comply with subpart V TTHM
md HAAS MCLs of 0.080 mg/L and 0.060
ng/L, respectively (with compliance
:alculated as a locational running annual
verage). Community and non-transient non-
;ommunity systems serving SI 0,000 must
iomply with subpart V TTHM and HAA5
ACLs {with compliance calculated as a
ocational running annual average) beginning
date six years following publication of final
u!e]. Community and non-transient non-
immunity systems serving <1Q,000 must
              comply with subpart V TTHM and HAAS
              MCLs (with compliance calculated as a
              locational running annual average) beginning
              [date 90 months following publication of
              final rule].
              *****
                17. Part 141 is amended by adding
              new subpart U to read as follows:
              Subpart U—Initial Distribution System
              Evaluations
              Sec.
              141.600  General requirements.
              141.601   Initial Distribution System
                  Evaluation (IDSE) requirements.
              141.602   IDSE monitoring.
              141.603   Alternatives other than IDSE
                  monitoring.
              141.604  IDSE reports.
              141.605   Subpart V monitoring location
                  recommendations to the State.

              Subpart  U—Initial Distribution System
              Evaluations

              §141.600  General  requirements.
                (a) The requirements of subpart U
              constitute national primary drinking
              water regulations. The regulations in
              this subpart establish monitoring and
              other requirements for identifying
              compliance monitoring locations to be
              used for determining compliance with
              maximum  contaminant levels for total
              trihalomethanes (TTHM) and haloacetic
              acids (five)(HAA5) in subpart V through
              the use of an Initial Distribution System
              Evaluation (IDSE). IDSEs are studies,
              used in conjunction with subpart L
              compliance monitoring, to identify and
              select subpart V compliance monitoring
              sites that represent high TTHM and
              HAA5 levels throughout the distribution
              system. The studies  will be based on
system-specific monitoring as provided
in § 141.602. As an alternative, you may
use other system-specific data that
provide equivalent or better information
on site selection for monitoring under
subpart V as provided for in
§141.603(a).
   (b) Applicability. You are subject to
these requirements if your system is a
community water system that adds a
primary or residual  disinfectant other
than ultraviolet light or delivers water
that has been treated with a primary or
residual disinfectant other than
ultraviolet light or if your system is a
nontransient noncommunity water
system that serves at least 10,000 people
and adds  a primary  or residual
disinfectant other than ultraviolet light
or delivers water that has been treated
with a primary or residual disinfectant
other than ultraviolet light. You must
conduct an Initial Distribution System
Evaluation (IDSE), unless you meet the
40/30 certification criteria in
§ 141.603(b) or the State has granted a
very small system waiver for the IDSE
or you meet the criteria defined by the
State for a very small system waiver
under § 141.603(c). If you have a very
small system waiver for the IDSE under
§ 141.603(c), you are not required to
submit an IDSE report. All other
systems must submit an IDSE report,
even if you meet the 40/30 certification
criteria in §141.603(c).
   (c) Schedule. You must comply with
the Initial Distribution  System
Evaluation (IDSE) on the schedule  in the
following table, based on your system
type.
             If you are this type of system
                                       You must submit your IDSE report to the state by1
1) Subpart H serving >10,000	  [date 24 mos. following publication of final rule]
2) Subpart H serving <10,000	  [date 24 mos. following publication of final rule]2
3) Ground water serving £10,000	  [date 24 mos. following publication of final rule]
4) Ground water serving <10,000 	  [date 24 mos. following publication of final rule]2
5) Consecutive system 	  at the same time as the system with the earliest compliance date in the com-
                                                      bined distribution system 3

 1 Systems that meet the 40/30 certification criteria in § 141.603(b) are encouraged to submit their IDSE report as soon as the certification cri-
sria are met.
 2 You must comply by [date 24 mos. following publication of final rule] if you are a wholesale system and any system in the combined distribu-
ion system serves at least 10,000 people. You must comply by [date 48 mos. following publication of final rule] if no system in the combined dis-
ibution system serves at least 10,000 people.

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 49672
Federal Register/Vol. 68, No.  159/Monday, August 18, 2003/Proposed Rules
   3 You must comply by [date 24 mos. following publication of final rule] if any system in the combined distribution system serves at least 10 000
 people. You must comply by [date 48 mos. following publication  of final rule] if no system in the combined distribution system serves at leasl
 10,000 people.
   (d) Violations. You must comply with
 specific monitoring and reporting
 requirements. You must prepare for,
 conduct, analyze, and submit your IDSE
 report no later than the date specified in
 § 141.600(c). Failure to conduct a
 required IDSE or to submit a required
 IDSE report by the date specified in
 paragraph (c) of this section is a
 monitoring violation. If you do not
 submit your IDSE report to your State,
 or if you submit the report after the
 specified date, you must comply with
                      any additional State-specified
                      requirements, which may include
                      conducting another IDSE.
                      § 141.601  Initial Distribution System
                      Evaluation (IDSE) requirements.
                        (a) You must conduct an IDSE that
                      meets the requirements in § 141,602 or
                      § 141.603(a) or meet the 40/30
                      certification criteria in § 141.603(b) or
                      have received a very small system
                      waiver for the IDSE from  the State under
                      § 141.603(c). If you do not take the full
                      complement of TTHM and HAAS

                              IDSE ALTERNATIVES
 compliance samples required of a
 system with your population and source
 water under subpart L, but are required
 to conduct an IDSE under this subpart,
 you are not eligible for either the 40/30
 certification in §141.603(b) or the very
 small system waiver in § 141.603(c) and
 must conduct an IDSE that meets the
 requirements in § 141.602 or
 §141.603(a).
  (b) You may use any alternative listed
 in the table below for which you
 qualify.
Alternatives
(1) Monitoring 	
(2) System-specific study ....
(3) 40/30 certification 	
(4) Very small system waiv-
er.
Eligibility
All systems required to conduct an IDSE 	
All systems required to conduct an IDSE 	

ance samples <0.030 mg/L during the period specified in §141.603(b).
Any system serving <500 for which the State has granted a waiver 	

Regulatory reference
S 141 602
§ 141 603(a)

§141 603(c)

  (c) IDSE results will not be used for
the purpose of determining compliance
withMCLsin§141.64.
  (d) Additional provisions:
  (1) You may consider multiple wells
drawing water from a single aquifer as
one treatment plant for determining the
minimum number of TTHM and HAAS
samples required, with State approval in
accordance with criteria developed
under §142.16(h)(5) of this chapter.
State approvals made under
§ 141.132(a)(2) to treat multiple wells
drawing water from a single aquifer as
one treatment plant remain in effect
unless withdrawn by the State.
  (2) If you are a consecutive system,
you must comply with the IDSE
requirements in this subpart based on
whether you buy some or all of your
water from another PWS during 2004 for
systems with an IDSE report due [date
24 months after publication of final
rule] or during 2006 for systems with an
IDSE report due [date 48 months after
publication of final rule]. A consecutive
system that buys some, but not all, of its
finished water during the period
                      identified in this paragraph must treat
                      each consecutive system entry point
                      from a wholesale system as a treatment
                      plant for the consecutive system for the
                      purpose of determining monitoring
                      requirements of this subpart if water is
                      delivered from the wholesale system to
                      the consecutive system for at least 60
                      consecutive days through any of the
                      consecutive system entry points. A
                      consecutive system that buys all its
                      finished water during the period
                      identified in this paragraph must
                      monitor based on population and source
                      water for the purpose of determining
                      monitoring requirements of this subpart.
                       (i) You may request that the State
                      allow multiple consecutive system entry
                      points from a single wholesale system to
                      a single consecutive system to be
                      considered one treatment plant.
                       (ii) In the request to the State for
                      approval of multiple consecutive system
                      entry points to be considered one
                      treatment plant, you must demonstrate
                      that factors such as relative locations of
                      entry points, detention times, sources,
                      and the presence of treatment (such as
                     corrosion control or booster
disinfection) will have a minimal
differential effect on TTHM and HAAS
formation associated with individual
entry points.

§141.602  IDSE monitoring.

  (a) You must conduct IDSE
monitoring for each treatment plant as
indicated in the table in this paragraph.
You must collect dual sample sets at
each monitoring location. One sample
in the set must be analyzed for TTHM.
The other sample in the set must be
analyzed for HAAS. If approved by the
State under the provisions of
§ 141.601(d)(lJ, you may consider
multiple wells drawing water from the
same aquifer to be one treatment plant
for the purpose of determining
monitoring requirements. You must
conduct one monitoring period during
the peak historical month for TTHM
levels or HAAS levels or the month of
warmest water temperature. You must
review available compliance, study, or
operational data to determine the peak
historical month for TTHM or  HAAS
levels or warmest water temperature.

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                  Federal Register/Vol.  68, No.  159/Monday, August 18, 2003/Proposed Rules
                                                                                        49673
  If you are this type of system
          Then you must monitor
       At these locations for each treatment plant
(1) Subpart H serving >10,000
(2) Subpart H serving 500-
  9,999.
(3) Subpart H serving <500
(4) Ground water serving
  >10,000.
(5) Ground water serving <
  10,000.
(6) Consecutive system
Approximately every 60 days for one year (six
  monitoring periods).
Approximately every 90  days for  one year
  (four monitoring periods).
Approximately every 180 days for one year
  (two monitoring periods).
Approximately every 90  days for  one year
  (four monitoring periods).
Approximately every 180 days for one year
  (two monitoring periods).
At a frequency  based on source water  and
  your population3.
Eight  dual sample  sets per monitoring period at  locations
  other  than  subpart  L TTHM/HAA5 monitoring  locations
  based on conditions:
If CHLORINE is used as residua! disinfectant:  one  near dis-
  tribution system entry point, two at average residence time,
  five at points representative  of  highest expected TTHM
  (three sites) and HAAS concentration (two sites).
If CHLORAMINE is used as residual disinfectant for any part
  of the year: two near distribution system  entry point, two at
  average residence time,  four at points  representative  of
  highest expected TTHM (two  sites) and  HAAS concentra-
  tion (two sites).
Two dual sample sets per monitoring period at locations other
  than the for one year subpart L TTHM/HAA5  monitoring lo-
  cation; one each representative of expected  high periods)
  TTHM level and HAAS level.
Two dual sample sets per monitoring period at locations other
  than the subpart L TTHM/HAA5 monitoring  location; one
  each representative of expected .high periods) TTHM level
  and HAAS level.
Two dual sample sets per monitoring period at locations other
  than the subpart L TTHM/HAA5 monitoring  location; one
  each representative of expected high periods) TTHM level
  and HAAS level.
Two dual sample sets per monitoring period at locations other
  than the subpart L TTHM/HAA5 monitoring  location; one
  each representative of expected high periods) TTHM level
  and HAA5 level.
—For a consecutive system that buys all  its finished water,
  number of samples and locations as specified in paragraph
  (b) of this section.
—For a consecutive system that buys some, but not all, of its
  finished water, serves >10,000, and receives water from a
  subpart H system: at IDSE locations required of a subpart
  H system serving >10,000.
—For a consecutive system that does not meet any  other cri-
  teria in this paragraph: two dual sample sets per monitoring
  period at locations other  than the subpart L TTHM/HAA5
  compliance  monitoring location; one each representative  of
  expected high TTHM levels and HAAS levels.
  11ncluding treatment plants for consecutive system entry points that operate for at least 60 consecutive days.
  2The State may require additional monitoring.
  3You must monitor at the frequency required of a subpart H system with your population if you deliver any water required to be treated under
subpart H. You must monitor at the frequency required of a ground water system with your population if you deliver no water required to be treat-
ed under subpart H.
  (b) IDSE monitoring for consecutive
systems that buy all their water.
                 IDSE MONITORING LOCATIONS FOR CONSECUTIVE SYSTEMS THAT BUY ALL THEIR WATER
Population category
Number of
dual sample
set locations
per moni-
toring period
Distribution system dual sample set locations 1
Near entry
points2
Average
residence
time
Highest
TTHM
locations
Highest
HAAS
locations
                                    Subpart H Consecutive Systems that buy all their water
<5003 	
500 .to 4 9994 	
5 000 to 9,9994 	
10 000 to 24,999s 	 	
25 000 to 49,999s 	
50 000 to 99,9995 	
100 000 to 499 999s 	
500,000 to 1,499,999s 	
1 500 000 to 4,999,9995 	
>-50000005 	

2
2
4
8
12
16
24
32
40
48




1
2
3
4
6
8
10



1
2
3
4
6
8
10
12

1
1
2
3
4
5
8
10
12
14

1
1
1
2
3
4
6
8
10
12


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 49674
Federal  Register/VoI. 68, No. 159/Monday,  August  18,  2003/Proposed Rules
          IDSE MONITORING LOCATIONS FOR CONSECUTIVE SYSTEMS THAT BUY ALL THEIR WATER—Continued
Population category
Number of
dual sample
set locations
per moni-
toring period
Distribution system dual sample set locations 1
Near entry
points2
Average
residence
time
Highest
TTHM
locations
Highest
HAAS
locations
                                 Ground Water Consecutive Systems that buy all their water
<5003 	
500to9,9994 	
10,000 to 99,9994 	
100,000 to 499,999" 	
>500,0004 	

2
2
6
8
12



1
1
2



1

2


1










   1 Sampling locations to be distributed through distribution system. You may not use subpart L compliance monitoring locations as IDSE sample
 sites. You must collect a dual sample set at each sample location.
   2 If the actual number of entry points to the distribution system is fewer than the specified number of "near entry point" sampling sites, take ad-
 ditional samples equally at highest TTHM and HAA5 locations. If there is an odd extra location number, take the odd sample at highest TTHM lo-
 cation. If the actual number of entry points to the distribution system is more than the specified number of sampling locations, take samples first
 at subpart H entry points to the distribution system having the highest water flows and then at ground water entry points to the distribution sys-
 tem having the highest water flows.
   3 You must conduct monjtoring during two monitoring periods approximately 180 days apart.
   4 You must conduct monitoring during four monitoring periods approximately 90 days apart.
   5 You must conduct monitoring during six monitoring periods approximately 60 days apart.
   (c) You must prepare an IDSE
 monitoring plan prior to starting IDSE
 monitoring and implement that plan. In
 the plan, you must identify specific
 monitoring locations and dates that
 meet the criteria in paragraphs (a) and
 (b) of this section, as applicable.

 § 141.603  Alternatives other than IDSE
 monitoring.

   In lieu of IDSE monitoring under
 § 141.602, you may use one of the
 alternatives identified in paragraphs (a)
 through (c) of this section for which you
 qualify to comply with this subpart.
   (a) System-specific study. You may
 perform an IDSE study based on system-
 specific monitoring or system-specific
 data if such a study identifies equivalent
 or superior monitoring sites
 representing high TTHM and HAAS
 levels as would be identified by IDSE
 monitoring under § 141.602.  You must
 submit an IDSE report that complies
 with §141.604.
   (b) 40/30 certification. In order to
 qualify for the 40/30 certification, you
 must not have had any TTHM or HAAS
 monitoring violations during the
 periods specified in paragraphs (b)(l)
 through (b}(3) of this section.
  (1) You are not required to  comply
 with § 141.602 or paragraph (a) of this
 section if you certify to your State that
 all compliance samples under subpart L
 in 2002 and 2003 (for subpart H systems
 serving 510,000 people) or in 2004 and
 2005 (for systems serving <10,000
people that are not required, to submit
an IDSE report by [date 24 months
following publication of final rule])
were <0.040 mg/L for TTHM and <0.030
mg/L for HAAS.
                        (2) If you are a ground water system
                      serving £10,000 people, you are not
                      required to comply with § 141.602 or
                      paragraph (a) of this section if you
                      certify to your State that all TTHM
                      samples taken under § 141.30 in 2003
                      are <0.040 mg/L and that all TTHM and
                      HAAS compliance samples taken under
                      subpart L during 2004 are <0.040 mg/L
                      and £0.030 mg/L, respectively.
                        (3) If you are a consecutive system
                      serving <10,000 required to submit an
                      IDSE report by [date 24 months
                      following publication of final rule], you
                      are not required to comply with
                      § 141.602 or paragraph (a) of this section
                      ifyou certify to your State that all
                      TTHM and HAAS compliance samples
                      taken under subpart L during 2004 are
                      <0.040 mg/L and £0.030 mg/L,
                      respectively.
                        (4) You must submit an IDSE report
                      that complies with § 141.604 and
                      contains the required certification.
                        (c) Very small system waiver. If you
                      serve fewer than 500 people, the State
                      may waive IDSE monitoring if the State
                      determines that the TTHM and HAAS
                      monitoring site for each plant under
                      § 141.132 is sufficient to represent both
                      the highest TTHM and the highest
                      HAAS concentration in your
                      distribution system. If your IDSE
                      monitoring is waived, you are not
                      required to submit an IDSE report. You
                      must monitor under subpart V during
                      the same month and at the same
                      location as used for compliance
                      sampling in subpart L.

                      §141.604  IDSE reports.
                       You must submit your IDSE report to
                      the State according to the schedule in
                      §141.600(c).
  (a) Ifyou complied by meeting the
provisions of §§ 141.602 or 141.603(a),
your IDSE report must include the
elements required in paragraphs (a)(l)
through (a}(3) of this section.
  (1) Your report must include all
TTHM and HAAS analytical results
from subpart L compliance monitoring
conducted during the period of the IDSE
presented in a tabular or spreadsheet
format acceptable to the State. Your
report must also include a schematic of
your distribution system, with results,
location, and date of all IDSE
monitoring, system-specific study
monitoring, and subpart L compliance
samples noted.
  (2) If you conducted IDSE monitoring
under § 141.602, your report must
include all IDSE TTHM and HAAS
analytical  results presented in a tabular
or spreadsheet format acceptable to the
State. Your report must also include all
additional data you relied on to justify
IDSE monitoring site selection, plus
your original monitoring plan
developed under § 141.602(c) and an
explanation of any deviations from that
plan.
  (3) Ifyou used the system-specific
study alternative in § 141.603(a), your
report must include the basis (studies,
reports, data, analytical results,
modeling) by which you determined
that the recommended subpart V
monitoring sites representing high
TTHM and HAAS levels are comparable
or superior to those that would
otherwise  have been identified by IDSE

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                Federal Register/VoI. 68, No.  159/Monday, August 18, 2003/Proposed  Rules
                                                                                   49675
monitoring under § 141.602. Your report
must-also include an analysis that
demonstrates that your system-specific
study characterized expected TTHM
and HAAS levels throughout your entire
distribution system.
  (b) If you meet the 40/30 certification
criteria in § 141.603(b), your IDSE report
must include all TTHM and  HAAS
analytical results from compliance
monitoring used to qualify for the 40/30
certification and a schematic of your
distribution system {with results,
location, and date of all compliance
samples noted). You must also include
results of those compliance samples
taken after the period used to qualify for
the 40/30 certification for State review.
  (c) Your IDSE report must  include
your recommendations and justification
for where and during  what month(s)
TTHM and HAAS monitoring for
Subpart V should be conducted. You
must base your recommendations on the
criteria in § 141.605. Your IDSE report
must also include the population
served; system type (subpart H or
ground water); whether your system is
a consecutive system; and, if you
conducted plant-based monitoring, the
number of treatment plants and
consecutive system entry points.
  (d) Recordkeeping. You  must retain a
complete copy of your IDSE  report
submitted under § 141.604 for 10 years
after the date that you submitted your
IDSE report. If the'State modifies the
monitoring requirements that you
recommended in your IDSE report or if
the State approves alternative
monitoring sites, you  must keep a copy
of the State's notification on  file for 10
years after the date of the State's
notification. You must make the IDSE
report and any State notification
available for review by the State or the
public.
§141.605 Subpart V monitoring location
recommendations to the State.
  (a) Subpart H  systems serving at least
10,000 people. If you are a system
               required to take four dual sample sets
               per treatment plant per quarter under
               routine monitoring under § 141.621, you
               must base your recommendations on the
               locations in the distribution system
               where you expect to find the highest
               TTHM and'HAAS LRAAs. In
               determining the highest LRAA, you
               must evaluate both subpart L
               compliance data and IDSE data. For
               each plant, you must recommend
               locations with:
                 (1) The two highest TTHM locational
               running annual averages;
                 (2) The highest HAAS locational
               running annual average; and
                 (3) An existing subpart L compliance
               monitoring location identified in the
               § 141.132(f) monitoring plan that is the
               location of either the highest TTHM or
               HAAS LRAA among the three
               compliance monitoring locations
               representative of average residence time
               (by calculating an LRAA for each
               compliance monitoring location using
               the compliance monitoring results
               collected during the period'of the IDSE).
                 (4) You may recommend locations
               other than those in paragraphs (a)(l)
               through (3) of this section if you include
               a rationale for selecting other locations.
               If the State approves, you must monitor
               at these locations to determine
               compliance under subpart V.
                 (5) If any of the criteria in this
               paragraph (a) of this section would
               cause fewer than four locations per
               treatment plant to be recommended, you
               must identify an additional location(s)
               with the next highest HAAS LRAA.
                 (b) All grounawater systems and
               subpart H systems serving.fewer than
               10,000 people. If you are a system
               required to take two dual sample sets
               per treatment plant per quarter or per
               year or one TTHM and one HAAS
               sample per plant per year for routine
               monitoring under § 141.621, you must
               select the locations with the highest
               TTHM locational running annual
               average and highest HAAS locational
               running annual average, unless you
include a rationale for selecting other
locations. If the State approves, you
must monitor at these other locations to
determine compliance under subpart V.
If any of the criteria in this paragraph
would cause only one location per
treatment plant to be recommended, you
must identify an additional location
with the next highest HAAS LRAA or
request that you be allowed to monitor
only at that location.
  (c) Systems that qualify for the 40/30
certification. If you use the 40/30
certification in § 141.603(b), you may
use either subpart L compliance
monitoring locations or you may
identify monitoring locations for
Subpart V that are different from those
for subpart  L. You must include a
rationale for changing existing subpart L
locations, choosing locations with a
long residence time and a detectable
residual. If  you choose monitoring
locations other than those in subpart L
as subpart V compliance monitoring
locations, you must retain the subpart L
locations with the highest TTHM and
HAAS LRAAs. If any of the criteria in
this paragraph would cause only one
location per treatment plant to be
recommended, you must identify an
additional location with the next
highest HAAS LRAA or request that you
be allowed  to monitor only at that
location. If  you are required to monitor
at more locations under subpart V of
this part than under subpart L of this
part, you must identify additional
locations with a long residence  time and
a detectable residual.
  (d) Consecutive systems that buy
some, but not all, of their finished water.
Your recommendations must comply
with §§ 141.601(d) and 141.605 (a)
through (c).
  (e) Consecutive systems that buy all
their finished water.
  (I) You must select the number of
monitoring locations specified in the
following tables.
 SUBPART V.—SAMPLE FREQUENCY FOR TTHM/HAA5 (AS DUAL SAMPLE SETS) FOR CONSECUTIVE SYSTEMS THAT BUY
                                                ALL THEIR WATER
       Population
                                     Number of samples
                                Subpart H Consecutive Systems That Buy AM Their Water
<500
500 to 4,999
5,000 to 9,999 ...
10,000 to 24,999
25,000 to 49,999
50,000 to 99,999
1 TTHM and 1 HAAS sample per year at different locations and time if the highest TTHM and HAAS occurred at
  different locations and/or time or 1 dual sample set per year if the highest TTHM and HAAS occurred at the
  same location and time of year, taken during the peak historical month for DBP concentrations or (if unknown)
  month of warmest water temperature.
1 TTHM and 1 HAAS sample per quarter at different locations if the highest TTHM and HAAS occurred at different
  locations or 1 dual sample set per quarter if the highest TTHM and HAAS occurred at the same location.
2 dual sample sets per quarter.
4 dual sample sets per quarter.
6 dual sample sets per quarter.
8 dual sample sets per quarter.

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   Federal  Register/Vol.  G6. No.  159/Monday,  August 18, 2003/Proposed Rules
  SUBPART V.-
-SAMPLE FREQUENCY FOR TTHM/HAA5 (AS DUAL SAMPLE SETS) FOR CONSECUTIVE SYSTEMS THAT BUY
                             ALL THEIR WATER—Continued
        Population
                                                Number of samples
 100,000 to 499,999 	
 500,000 to 1,499,999 ..
 1,500,000 to 4,999.999
 >=5,000,000 	
          12 dual sample sets per quarter.
          16 dual sample sets per quarter.
          20 dual sample sets per quarter.
          24 dual sample sets per quarter.
                                 Ground Water Consecutive Systems That Buy All Their Water
 <500
 500 to 9,999 	
 10,000 to 99,999  ...
 100,000 to 499,999
 >500,000	
          1 TTHM and 1 HAAS sample per year at different locations and time if the highest TTHM and HAAS occurred at
            different locations and/or time or 1 dual sample set per year if the highest TTHM and HAA5 occurred at the
            same location and time of year, taken during the peak historical month for DBF  concentrations, or, if unknown,
            during month of warmest water temperature.
          2 dual sample sets per year. Must be taken during the peak historical month for DBP concentrations.
          4 dual sample sets per quarter.
          6 dual sample sets per quarter.
          8 dual sample sets per quarter.
   (2) You must select Subpart V
 monitoring locations based on subpart L
 compliance monitoring results collected
 during the period of the IDSE and IDSE
 monitoring results. You must follow the
 protocol in paragraphs (e)(2)(i) through
 (iv) of this section,  unless you provide
 a rationale for recommending different
 locations. If required to monitor at more
 than four locations, you must repeat the
 protocol as necessary, alternating
 between sites with  the highest HAA5
 LRAA and the highest TTHM LRAA not
 previously selected as a subpart V
 monitoring location for choosing
 locations under paragraph (e)(2)(iii) of
 this section.
  (i) Location with  the highest TTHM
 LRAA not previously selected as a
 subpart V monitoring location.
  (ii) Location with the highest HAAS
 LRAA not previously selected as a
 subpart V monitoring location.
  (iii) Existing subpart L average
 residence time compliance monitoring
 location.
  (iv) Location  with the highest TTHM
 LRAA not previously selected as a
 subpart V monitoring location.
  (3) You may recommend locations
 other than those in paragraph (e)(2) of
 this section if you include a rationale for
 selecting other locations. If the State
 approves, you must monitor at these
 locations to determine compliance
 under subpart V.
  (4) If you used the 40/30 certification
in § 141.603(b) and do not have
                         sufficient subpart L monitoring
                         locations to identify the required
                         number of Subpart V compliance
                         monitoring locations, you must identify
                         additional locations by selecting a site
                         representative of maximum residence
                         time and then a site representative of
                         average residence time and repeating
                         until the required number of
                         compliance monitoring locations have
                         been identified.
                           (f) You must schedule samples during
                         the peak historical month for TTHM and
                         HAAS concentration, unless the State
                         approves another month. Once you have
                         identified the peak historical month,
                         and if you are required to conduct
                         routine monitoring at least quarterly,
                         you must schedule subpart V
                         compliance monitoring at a regular
                         frequency of approximately every 90
                         days or fewer.
                           18. Part 141 is amended by adding
                         new subpart V to read as follows:
                         Subpart V—Stage 2B Disinfection
                         Byproducts Requirements
                         Sec.
                         141.620   General requirements.
                         141.621  Routine monitoring.
                         141.622   Subpart V monitoring plan.
                         141.623  Reduced monitoring.
                         141.624  Additional requirements for
                            consecutive systems.
                         141.625  Conditions requiring increased
                            monitoring.
                         141.626  Significant excursions.
                         141.627  Requirements for remaining on
                            reduced TTHM and HAA5 monitoring
                            based on subpart L results.
 141.628  Requirements for remaining on
    increased TTHM and HAAS monitoring
    based on subpart L results.
 141.629  (Reserved]
 141.630  Reporting and recordkeeping
    requirements.

 Subpart V—Stage 2B Disinfection
 Byproducts Requirements

 § 141.620  General requirements.
  (a) The requirements of subpart V
 constitute national primary drinking
 water regulations. These regulations
 establish requirements for control of
 certain disinfection byproducts that
 supercede some requirements in subpart
 L and that are in addition to other
 requirements that are currently required
 under subpart L of this part. The
 regulations in this subpart establish
 monitoring and other requirements for
 achieving compliance with maximum
 contaminant levels for total
 trihalomethanes (TTHM) and haloacetic
 acids (five)(HAA5).
  (b) Applicability. You are subject to
 these requirements if your system is a
 community water system or
nontransient noncommunity water
 system that adds a primary or residual
 disinfectant other than ultraviolet light
or delivers water that has been treated
with a primary or residual disinfectant
other than ultraviolet light.
  (c) Schedule. You must comply with
the requirements in this subpart on the
schedule in the following table, based
on your system type.
        If you are this type of system
                                               You must comply with subpart V by:123
(1) Subpart H serving >10,000
(2) Subpart H serving $10,000
(3) Ground water serving >10,000
(4) Ground water serving <10,000
                         [date 72 mos following publication of final rule].
                         [date 90 mos following publication of final rule] if no Cryptosporidium monitoring is required
                           under §141.706(c) OR
                         [date 102 mos following publication of final rule] if Cryptosporidium monitoring is required
                           under § 141.706(c).
                         [date 72 mos following publication of final rule].
                         [date 90 mos following publication of final rule].

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                  Federal Register/Vol.  68, No.  159/Monday, August  18, 2003/Proposed Rules
                                                                                         49677

If you are this type of system





tion system.

You must comply with subpart V by: 1 2 3






  1 The State may grant up to an additional 24 months for compliance if you require capital improvements.
  2 If you are required to conduct quarterly monitoring, you must begin monitoring in the first full calendar quarter that follows the compliance
date in this table. If you are required to conduct monitoring at a frequency that is less than quarterly, you must begin monitoring in the calendar
month recommended in the IDSE report prepared under §141.604 no later than 12 months after the compliance date in this table. tf you are not
required to submit an IDSE report, you must begin  monitoring during the calendar month identified in the  monitoring plan developed under
§141.622 no later than 12 months after the compliance date.
  3 tf you are required to conduct quarterly monitoring, you must make compliance calculations at the end of the fourth calendar quarter that fol-
lows the compliance date and at the end of each subsequent quarter (or earlier if the  LRAA calculated based on fewer than four quarters of data
would cause  the MCL to be exceeded regardless of the monitoring results of subsequent quarters). If you are required to conduct monitoring at a
frequency that is less than quarterly, you must make compliance calculations beginning with the first compliance sample taken after the compli-
ance date.
   (d) Monitoring and compliance. You
must monitor at sampling locations
identified in your monitoring plan
developed under §141.622. To
determine compliance with subpart V
MCLs, you must calculate locational
running annual averages for TTHM and
HAAS using monitoring results
collected under this subpart. If you fail
to complete four consecutive quarters of
monitoring, you must calculate
compliance with the MCL based on an
average of the available data from the
most recent four quarters.
   (e) Violations. You must comply with
specific monitoring and reporting
requirements. Failure to monitor in
accordance with the monitoring plan
required under § 141.622 is a
monitoring violation. Failure to monitor
will also be treated as a monitoring
violation for the entire period covered
by a locational running annual average
compliance calculation for the subpart
VMCLsin§141.64(b)(3).
   (f) Additional provisions.
                •  (1) You may consider multiple wells
                drawing water from a single aquifer as
                one treatment plant for determining the
                minimum number of TTHM and HAAS
                samples required, with State approval in
                accordance with criteria developed
                under § 142.16(h)(5) of this chapter.
                Approvals made under §§ 141.132(a)(2)
                and 141.601(d) remain in effect unless
                withdrawn by the State.
                  (2) Consecutive systems. For the
                purposes of this subpart, you must
                determine whether you buy all or some
                of your water based on your
                categorization for the IDSE under
                subpart U, unless otherwise directed by
                the State. If you were not categorized
                under subpart U, you must determine
                whether you buy all or some of your
                water based on your categorization
                during 2005, unless otherwise directed
                by the State.
                  (3) For the purposes of determining
                monitoring requirements of this  subpart,
                each consecutive system entry point
                from a wholesale system to a
        consecutive system that buys some, but
        not all, of its finished water is
        considered a treatment plant for that
        consecutive system.
          (i) You may request that the State
        allow multiple consecutive system entry
        points from a single wholesale system to
        a single consecutive system to be
        considered one treatment plant.
          (ii) In the request to the State for
        approval of multiple consecutive system
        entry points to be considered one
        treatment plant, you must demonstrate
        that factors such as relative locations of
        entry points, detention times, sources,
        and the presence of treatment (such as
        corrosion control or booster
        disinfection) will have a minimal
        differential effect on TTHM and HAAS
        formation associated with individual
        entry points.

        §141.621  Routine monitoring.
          (a) You must monitor at the locations
        and frequencies listed in the following
        table.
   If you are this type of
         system
              Then you must monitor
     At these locations for each treatment plant
(1) Subpart H serving
  >10,000.
(2) Subpart H serving 500-
  9,999.
(3) Subpart H serving <500
(4) Ground water serving
  £10,000.
[5) Ground water serving
  500-9,999.

|6) Ground water serving
  <500.

7) Consecutive system that
  buys some, but not all, of
  its finished water.
four dual sample sets per quarter per treatment plant,
  taken approximately every 90 days. One quarterly set
  must be taken during  the peak historical month for
  DBP concentrations 2.
two dual sample sets per quarter per treatment plant,
  taken approximately every 90 days. One quarterly set
  must be taken during  the peak historical month for
  DBP concentrations 2.
one TTHM and one HAA5 sample per year per treat-
  ment plant, taken during the peak historical month for
  DBP concentrations.
two dual sample sets per quarter per treatment plant,
  taken approximately every 90 days. One quarterly set
  must be taken during  the peak historical month for
  DBP concentrations 2.
two dual  sample  sets per year per  treatment plant,
  taken during the peak  historical month for DBP con-
  centrations 2.
one TTHM and one HAA5 sample  per year per treat-
  ment plant, taken during the peak historical month for
  DBP concentrations.
based on your own population and source  water, ex-
  cept that consecutive systems that receive water from
  a subpart H system must monitor as a subpart H sys-
  tem.
  -locations recommended to the State in the IDSE re-
  port submitted under subpart U.
—locations recommended to the State in the IDSE re-
  port submitted under subpart U.3
—locations recommended to the State in the IDSE re-
  port submitted under subpart U.4

—locations recommended to the State in the IDSE re-
  port submitted under subpart U.3
—locations recommended to the State in the IDSE re-
  port submitted under subpart U.3

—locations recommended to the State in the IDSE re-
  port submitted under subpart U.4.

—locations recommended to the State in the IDSE re-
  port submitted under subpart U.

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49678
Federal Register /Vol. 68, No. 159/Monday, August 18,  2003/Proposed Rules
If you are this type of
system

buys all its finished water.
Then you must monitor
as specified in §141.605(e) 	 	

At these locations for each treatment plant1

port submitted under subpart U.
  1 Unless the State has approved or required other locations or additional locations based on the IDSE report or other information, or you have
updated the monitoring plan under §141.622.
  2 A dual sample set is a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other
sample analyzed for HAAS.
  3 If you  have a single location that has both the highest TTHM LRAA and highest HAAS LRAA, you may take a dual sample set only at that lo-
cation after approval by the State.
  4You are  required to sample for both TTHM and HAA5 at one location if that location is the highest for both TTHM and HAAS. If different loca-
tions have high TTHM and HAAS LRAAs, you may sample for TTHM only at the high TTHM location and for HAAS only at the high HAAS loca-
tion. If you have received  a very  small system waiver for IDSE monitoring from the State under §141.603(c), you must monitor for TTHM  and
HAAS as a dual sample set at the subpart L monitoring location (a point representative of maximum residence time) during the month of warmest
water  temperature.
  (b) You must begin monitoring at the
locations you have recommended in
your IDSE report submitted under
§ 141.604 following the schedule in
§ 141.620(c), unless the State requires
other locations or additional locations
after its review. If you have received a
very small system waiver under
§141.603(c), you must monitor at the
location(s) identified in your monitoring
plan in § 141.132(f), updated as required
by §141.622.
  (c) You must use an approved method
listed in §141.131 for TTHM and HAAS
analyses in this subpart. Analyses must
be conducted by laboratories that have
received certification by EPA or the
State as specified in §141.131.

§ 141.622  Subpart V monitoring plan.
  (a) You must develop and implement
a monitoring plan to be kept on file for
State and public review. You may
comply by updating the monitoring plan
developed under § 141.132(f) no later
than the date identified in § 141.620(c)
for subpart V compliance. If you have
received a very small system waiver
under § 141.603(c), you must comply by
updating the monitoring plan developed
                        under §141.132(0 no later than the date
                        identified in § 141.620(c) for subpart V
                        compliance. The monitoring plan must
                        contain the elements in paragraphs
                        (a)(l) through (a)(5) of this section:
                          (1) Monitoring locations;
                          (2) Monitoring dates;
                          (3) Compliance calculation
                        procedures;
                          (4) Monitoring plans for any other
                        systems in the combined distribution
                        system if monitoring requirements have
                        been modified based on data from other
                        systems; and
                          (5) Any permits, contracts, or
                        agreements with third parties  (including
                        other PWSs, laboratories, and  State
                        agencies) to sample, analyze, report, or
                        perform any other system requirement
                        in this subpart.
                          (b) The monitoring plan will reflect
                        the recommendations of the IDSE report
                        required under subpart U, along with
                        any State-mandated modifications. The
                        State must approve any monitoring sites
                        for which you are required to  provide a
                        rationale in your IDSE report by
                        §141.605(a)(4).
                          (c) If you are a subpart H system
                        serving more than 3,300 people, you
                             must submit a copy of your monitoring
                             plan to the State prior to the date you
                             are required to comply with the
                             monitoring plan.
                               (d) You may modify your monitoring
                             plan to reflect changes in treatment,
                             distribution system operations and
                             layout (including new service areas), or
                             other factors that may affect TTHM or
                             HAAS formation. If you change
                             monitoring locations, you must replace
                             locations with the lowest LRAA and
                             notify  the State how new sites were
                             selected  as part of the next report due
                             under  § 141.630. The State may also
                             require modifications in your
                             monitoring plan.

                             §141.623  Reduced monitoring.

                               (a) Systems other than consecutive
                             systems that buy ail their water. You
                             may reduce monitoring by meeting the
                             criteria in the table in this paragraph at
                             all treatment plants in the system. You
                             may only use data  collected under the
                             provisions of this subpart or subpart L
                             of this part to qualify for reduced
                             monitoring.
 If you are this type of
      system
 Then you may reduce monitoring if you have
   monitoring results under § 141.621 and
                                                                 To reduce monitoring per plant at these locations/frequency
                                                                    TTHM
                                                                                                       HAAS
(1) Subpart H serving
  >10,000.
(2) Subpart H serving
  500-9,999.
(3) Subpart H serving
  <500.

(4) Ground water serv-
  ing £10,000.
 —the LRAA is <0.040 mg/L for TTHM and
   £0.030 for HAAS at ALL monitoring loca-
   tions, AND
 —the source water  annual average TOC
   level, before any treatment, is £4.0 mg/L at
   each subpart H treatment plant1.
 —the LRAA is £0.040 mg/L for TTHM and
   £0.030 for HAAS at ALL monitoring loca-
   tions, AND
 —the source water annual average  TOC
  level, before any treatment, is £4.0 mg/L at
  each subpart H treatment plant1.
 —monitoring may not be reduced  to fewer
  than one TTHM  sample and one  HAAS
  sample per year.
 —the LRAA is £0.040 mgA. for TTHM and
  £0.030 for HAAS at ALL monitoring  loca-
  tions.
—monitor once per quarter by taking a dual
  sample set at the location with the highest
  TTHM LRAA or single measurement.
—monitor once per year by taking a dual
  sample set at the location with the highest
  TTHM  single  measurement  during  the
  quarter that  the highest single  TTHM
  measurement occurred2.
not applicable
—monitor once per year by taking a dual
  sample set at the location with the highest
  TTHM  single measurement  during  the
  quarter that the highest single  TTHM
  measurement occurred 2.
 -monitor once per quarter by taking a dual
  sample set at the location with the highest
  HAAS LRAA or single measurement.
 -monitor once per year by taking a dual
  sample set at the location with the highest
  HHA5  single measurement  during  the
  quarter that  the highest  single  HHA5
  measurement occurred.2
not applicable.
—monitor once per year by taking a dual
  sample set at the location with the highest
  HHA5 single measurement  during  the
  quarter that  the highest single  HHA5
  measurement occurred.2

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                   Federal Register/Vol.  68, No. 159/Monday, August 18,  2003/Proposed Rules
                                                                                                   49679
 If you are this type of
       system
Then you may reduce monitoring if you have
   monitoring results under §141.621 and
                                                                    To reduce monitoring per plant at these locations/frequency
                                                                       TTHM
                                                                                                           HAAS
 (5) Ground water serv-
   ing 500-9,999.
 (6) Ground water serv-
  ing <500.
(7) Consecutive sys-
  tem that buys some,
  but not all, of its fin-
  ished water3.
 -the LRM is £0.040 mg/L for TFHM and
  £0.030 for HAAS at ALL monitoring loca-
  tions.
—the LRAA is £0.040 mg/L for TTHM and
  £0,030 for HAAS at ALL monitoring loca-
  tions.
—the LRAA is £0.040 mg/L for TTHM  and
  S0.030 for HAA5 at ALL monitoring loca-
  tions.
—monitor once every third year by taking a
  dual sample  set at the  location with the
  highest TTHM single measurement during
  the quarter that the highest single TTHM
  measurement occurred3.
—monitor once every third year for TTHM at
  the location with the highest TTHM single
  measurement during  the quarter that the
  highest single  TTHM measurement oc-
  curred2.
—monitor at the  location(s) and frequency
  associated with  a non-consecutive system
  with the same population and source water
  type.
—monitor once every third year by taking a
  dual sample  set at the  location with the
  highest HHA5 single  measurement during
  the quarter that the highest single HHA5
  measurement occurred.2
—monitor once every third  year for HAAS at
  the location with the  highest HAAS single
  measurement during  the quarter that the
  highest  single  HAAS measurement oc-
  curred.2
—monitor at the  location(s) and frequency
  associated with  a non-consecutive system
  with the same population and source water
  type.2
  'TOG monitoring must comply with the provisions of either §141.132(d) or §141.132(e).
  2 If your location for reduced monitoring for TTHM and HAA5 is the same location and if your quarter for the highest TTHM and HAA5 single measurement is the
same, you may take one dual sample set at that location during that quarter.
  3 Consecutive systems that buy some, but not all, of their finished water may reduce monitoring based on their own population and their wholesale system(s)'s
source water type to the frequency and location(s) required in this section, unless the consecutive system treats surface water or ground water under the direct influ-
ence of surface water. If the consecutive system treats surface water or ground water under the direct influence of surface water, it must base reduced monitoring on
its population and classification as a subpart H system.
   fb) Consecutive systems that buy all
their water. You may reduce monitoring
to the level specified in the table in this
                       paragraph if the LRAA is <0.040 mg/L
                       for TTHM and <0.030 mg/L for HAAS at
                       all monitoring locations. You may only
                              use data collected under the provisions
                              of this subpart or subpart L of this part
                              to qualify for reduced monitoring.
              REDUCED MONITORING FREQUENCY FOR CONSECUTIVE SYSTEMS THAT BUY ALL THEIR WATER.
         Population
                                       Reduced monitoring frequency and location
                                                      Subpart H systems
<500 	  Monitoring may not be reduced.
500 to 4,999	  1 TTHM and 1 HAAS sample per year at different locations or during different quarters if the highest TTHM and
                               HAA5 measurements occurred at different locations or different quarters or 1 dual sample set per year if the
                               highest TTHM and HAAS measurements occurred at the same location and quarter.
5,000 to 9,999	  2 dual sample sets per year; one at the location with the highest TTHM single measurement during the quarter
                               that the highest single TTHM measurement occurred, one at the location with the highest HAAS single meas-
                               urement during the quarter that the highest single HAAS measurement occurred.
10,000 to 24,999	  2 dual sample sets per quarter at the locations with the highest TTHM and highest HAA5 LRAAs.
25,000 to 49,999	  2 dual sample sets per quarter at the locations with the highest TTHM and highest HAAS LRAAs.
50,000 to 99,000	  4 dual sample sets per quarter—at the locations with the two highest "TTHM and two highest HAAS LRAAs.
100,000 to 499,999	  4 dual sample sets per quarter—at the locations with the two highest TTHM and two highest HAAS LRAAs.
500,000 to 1,499,999	  6 dual sample sets per quarter—at the locations with the three highest TTHM and three highest HAAS LRAAs.
1,500,000 to 4,999,999	  6 duat sample sets per quarter—at the locations with the three highest TTHM and three highest HAAS LRAAs.
>=5,000,000 	  8 dual sample sets per quarter at the locations with the four  highest TTHM and four highest HAAS LRAAs.

                                                     Ground water systems

<500 	  1 TTHM and 1 HAAS sample every third year at different locations and time if the highest TTHM and HAAS
                               measurements occurred at different locations and/or time  or 1  dual sample set every third year if the highest
                               TTHM and HAAS measurements occurred at the same location and time of year.
500 to 9,999	  1 TTHM and 1 HAAS sample every year at different  locations and time if the highest TTHM and HAAS meas-
                               urements occurred at different locations and/or time or 1 dual sample set every year if the highest TTHM and
                               HAAS measurements occurred at the same location  and time of year.
10,000 to 99,000	  2 dual sample sets per year; one at the location with  the highest TTHM single measurement during the quarter
                               that the highest single TTHM  measurement occurred and one at the location with the  highest HAA5 single
                               measurement during the quarter that the highest single HAAS measurement occurred.
100,000 to 499,999	  2 dual sample sets per quarter; at the locations  with the highest TTHM and highest  HAAS LRAAs.
>500,000 	  4 dual sample sets per quarter; at the locations  with the two  highest TTHM and two highest HAAS LRAAs.
  (c) You may remain on reduced
monitoring as long as the TTHM LRAA
£0.040 mg/L and the HAA5 LRAA
<0.030 mg/L at each monitoring location
'for systems with quarterly monitoring)
3r each TTHM sample <0.060 mg/L and
 ach HAAS sample <0.045 mg/L (for
systems with annual or less frequent
monitoring). In addition, the source
                       water annual average TOG level, before
                       any treatment, must be <4.0 mg/L at
                       each treatment plant treating surface
                       water or ground water under the direct
                       influence of surface water, based on
                       monitoring conducted under either
                       §§141.132(d) or 141.132(e). If the LRAA
                       at any location exceeds either 0.040 mg/
                       L for TTHM or 0.030 mg/L for HAAS or
                              if the annual (or less frequent) sample
                              at any location exceeds either 0.060 mg/
                              L for TTHM or 0.045 mg/L for HAAS,
                              or if the source water annual average
                              TOG level, before any treatment, >4.0
                              mg/L at any treatment plant treating
                              surface water or ground water under the
                              direct influence of surface water, the
                              system must resume routine monitoring

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49680
Federal  Register/Vol. 68, No.  159/Monday, August  18, 2003/Proposed Rules
under § 141.621 for all treatment plants
or begin increased monitoring for all
treatment plants if § 141.625 applies.
  (d) The State may return your system
to routine monitoring at the State's
discretion.

§ 141.624  Additional requirements for
consecutive systems.
  If you are a consecutive system that
does not  add a disinfectant but delivers
water that has been disinfected with
other than ultraviolet light, you must
comply with monitoring requirements
for chlorine and chloramines in
§ 141.132(c)(l) and the compliance
requirements in § 141.133(c)(l)
beginning [date  three years after
publication Of final rule] and report
monitoring results under §141.134(c),
unless required  earlier by the State.

§ 141.625  Conditions requiring increased
monitoring.
  (a) If you are required to monitor at
a particular location yearly or less
frequently than  yearly under §§ 141.621
or 141.623, you  must increase
monitoring to dual sample sets once per
quarter (taken approximately every 90
days) at all  locations if either the annual
(or less frequent) TTHM sample >0.080
mg/L or the annual (or less frequent)
HAA5 sample >0.060 mg/L at any
location.
  (b) You are not in violation of the
MCL until the LRAA calculated based
on four consecutive quarters of
monitoring (or the LRAA calculated
based on fewer than four quarters of
data if the MCL would be exceeded
regardless of the monitoring results of
subsequent quarters) exceeds the
subpart V MCLs in § 141.64(b)(3). You
are in violation  of the monitoring
requirements for each quarter that a
monitoring result would be used in
calculating an LRAA if you fail to
monitor.
  (c) You may return to routine
monitoring once you have conducted
increased monitoring for at least four
consecutive quarters and the LRAA for
every location is <0,060 mg/L for TTHM
and <0.045 mg/L for HAAS.

§141.626  Significant excursions.
  If a significant excursion occurs, you
must conduct a  significant excursion
evaluation and prepare a written report
of the evaluation no later than 90 days
after being notified of the analytical
result that shows the significant
excursion. You must discuss the
evaluation with the State no later than
the next sanitary survey for your system.
Your evaluation must include an
examination of distribution system
operational practices that  may
                      contribute to TTHM and HAAS
                      formation (such as flushing programs
                      and storage tank operations and excess
                      capacity) and how these practices may
                      be modified to reduce TTHM and HAAS
                      levels.

                      § 141.627 Requirements for remaining on
                      reduced TTHM and HAAS monitoring based
                      on subpart L results.
                        You may remain on reduced
                      monitoring after the dates identified in
                      § 141.620(c) for compliance with this
                      subpart only if you qualify for a 40/30
                      certification under § 141.603(b) or have
                      received a very small system waiver
                      under § 141.603(c), plus you meet the
                      reduced monitoring criteria in
                      § 141.623(c), and you do not change or
                      add monitoring locations from those
                      used for compliance monitoring under
                      subpart L. If your monitoring locations
                      under this subpart differ from your
                      monitoring locations under subpart L,
                      you may not remain on reduced
                      monitoring after the dates identified in
                      § 141.620(c) for compliance with this
                      subpart.

                      § 141.628 Requirements for remaining on
                      increased TTHM and HAAS monitoring
                      based on subpart L results.
                        If you were on increased monitoring
                      under subpart L, you must remain on
                      increased monitoring until you qualify
                      for a return to routine monitoring under
                      § 141.625(c). You must conduct
                      increased monitoring under § 141.625 at
                      the monitoring locations in the
                      monitoring plan developed under
                      § 141.622 beginning at the date
                      identified in § 141.620(c) for compliance
                      with this subpart and remain on
                      increased monitoring until you qualify
                      for a return to routine monitoring under
                      §141.625(c).

                      §141.629 [Reserved]

                      §141.630 Reporting and recordkeeping
                      requirements.
                        (a) Reporting. (1) You must report the
                      following information  for each
                      monitoring location to the State within
                      10 days of the end of any quarter in
                      which monitoring is required:
                        (i) Number of samples taken during
                      the last quarter.
                        (ii) Date and results of each sample
                      taken during the last quarter.
                        (iii) Arithmetic average of quarterly
                      results for the last four quarters
                      (LRAAs).
                        (iv) Whether the MCL was violated.
                       . (2) If you are a subpart H system
                      seeking to qualify for or remain on
                      reduced TTHM/HAA5 monitoring, you
                      must report the following source water
                      TOG information for each treatment
                      plant that treats surface water or ground
water under the direct influence of
surface water to the State within 10 days
of the end of any quarter in which
monitoring is required:
  (i) The number of source water TOG
samples taken each month during last
quarter.
  (ii) The date and result of each sample
taken during last quarter.
  (iii) The quarterly average of monthly
samples taken during last quarter.
  (iv) The running annual average
(RAA) of quarterly averages from the
past four quarters.
  (v) Whether the RAA exceeded 4.0
mg/L.
  (b) Recordkeeping. You must retain
any subpart V monitoring plans and
your subpart V monitoring results as
required by §141.33.

PART 142— NATIONAL PRIMARY
DRINKING WATER REGULATIONS
IMPLEMENTATION

  1. The authority citation for part 142
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, and300j-ll.
  2. Section 142,14 is amended by
adding paragraph (a)(8) to read as
follows:

§ 142.14  Records kept by States.
  (a) * *  *
  (8) Any decisions made pursuant to
the provisions of 40 CFR part 141,
subparts U and  V of this chapter.
  (i) Those systems for which the State
has determined that the 40 CFR part
141, subpart L approved monitoring site
is representative of the highest TTHM
and HAA5 and  therefore have been
granted a very small system waiver
under § 141.603(c) of this chapter. The
State must provide a copy of the
decision to the system. A copy of the
decision must be kept until reversed or
revised.
  (ii) System IDSE reports, plus any
modifications required by the State.
Reports must be kept until reversed or
revised in their entirety.
*    *     *     *    *
  3. Section 142.16 is amended by
adding paragraph (m) to read as follows:

§ 142.16  Special primacy conditions.
*    *     *     *    *
  (m) Requirements for States to adopt
40 CFR part 141, subparts U and V. In
addition to the general primacy
requirements elsewhere in this part,
including the requirements that State
regulations he at least as stringent as
federal requirements, an application for
approval of a State program revision
that adopts 40 CFR part 141, subparts U

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                Federal Register/Vol.  68, No.  159/Monday, August 18, 2003/Proposed Rules
                                                                               49681
nd V, must contain a description of
ow the State will accomplish the
ollowing:
 (1) For PWSs serving fewer than 500
eople, a very small system waiver
rocedure for subpart U IDSE
equirements that will apply to all
ystems that serve fewer than 500
eople without the State making a
ystem-by-system waiver determination,
 the State elects to use such an
uthority.
 (2) A procedure for evaluating system-
pecific studies under § 141.603(a) of
lis chapter, if system-specific studies
re conducted in the State.
           (3) A procedure for determining that
         multiple consecutive system entry
         points from a single wholesale system to
         a single consecutive system should be
         treated as a single treatment plant for
         monitoring purposes.
           [4) A procedure for addressing
         consecutive systems outside the
         provisions of § 141.29 of this chapter or
         part 141 subparts U and V of this
         chapter, if the State elects to use such
         an authority.
           (5) A procedure for systems  to
         identify significant excursions.
                                    PART 143—NATIONAL SECONDARY
                                    DRINKING WATER REGULATIONS

                                      1. The authority citation for part 143
                                    continues to read as follows:
                                      Authority: 42 U.S.C. 300f et seq.

                                      2. In § 143.4, the table in paragraph fb)
                                    is amended by revising entries 2 and 9
                                    and footnotes 3 and 4, and by adding
                                    footnote 6 to read as follows:

                                    § 143.4   Monitoring.
                                    *****

                                      (b)*   *  *
       Contaminant
EPA
ASTM-
                                                        SM4 18th and 19th ed.
SM4 20th ed.
Other
 Chloride
  300.0'
  300.1*
                                        D4327-97
          4110 B 	  4110 B.
                                        D512-89B
                       4500-CI-D 	  4500-CI-D
                       450O-CI-B 	  4500-CI-B
 Sulfate
  300.0'  D4327-97 ....  4110B  	  4110B.
  300.16
  375.2'   	  4500-SO42-F 	
                      4500-SO42-C, D 	  4500-SO42-C, D.
         D516-90 	  4500-SO42-E 	  4500-SO42-E.
 1 "Methods for the Determination of Inorganic Substances in Environmental Samples", EPA/600/R-93-100, August 1993. Available at NTIS,
B94-120821.
 *        *       •        *       *
 3 Annual Book ofASTM Standards, 1994, 1996, or 1999, Vols. 11.01 and 11.02, ASTM International; any year containing the cited version of
 e method may be used. 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
ublic Health Association, 1015 Fifteenth Street,  NW, Washington, DC 20005. The cited methods published in any of these three editions may
  used, except that the versions of 3111 B, 3111 D, and 3113 B in the 20th edition may not be used.
 »        *       •        *       *
 6 "Methods for the Determination of Organic and Inorganic Compounds in Drinking Water", Vol. 1, EPA 815-R-00-014, August 2000. Available
 NTIS, PB2000-106981.
TC Doc. 03-18149 Filed 8-15-03; 8:45 ami
ILUNG CODE 656Q-50-P

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