United States
Environmental Protection Office of Water EPA 810-B-95-002
Agency 4601 January 1995
&EPA NATIONAL PRIMARY DRINKING
WATER REGULATIONS
40CFR, PARTS 141-143
Printed on Recycled Paper
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Pt. 141
40 CFR Ch. I (7—1—94 Edition)
contained in 40 CFR part 136, “Guide-
lines Establishing Test Procedures for
the Analysis of Pollutants,” or subse-
quent revisions or amendments there-
to, shall be employed.
PART 141—NATIONAL PRIMARY
DRINKING WATER REGULATIONS
Subpad A—General
Applicability.
Definitions.
Coverage.
Variances and exemptions.
Siting requirements.
Effective dates.
Subpart B—Maximum Contaminanc
Levels
141.11 Maximum contaminant levels for in-
organic chemicals.
141.12 Maximum contaminant levels for or-
ganic chemicals.
141.13 Maximum contaminant levels for tur-
bidity.
141.15 Maximum contaminant levels for ra-
dlum-226, radlum-228, and gross alpha
particle radioactivity In community
water systems.
141.16 Maximum contaminant levels for
beta particle and photon radioactivity
from man-made radionuclides in commu-
nity water systems.
Subpart C—Monitoring and Analytical
Requirements
141.21 MIcrobiological contaminant sam-
pling and analytical requirements.
141.22 TurbIdity sampling and analytical re-
quirements.
141.23 Inorganic chemical sampling and ana-
lytical requirements.
141.24 OrganIc chemicals other than total
trihalomethanes, sampling and analyt-
ical requirements.
141.25 Analytical methods for radioactivity.
141.26 MonItoring frequency for radioactiv-
ity in community water systems.
141.27 Alternate analytical techniques.
141.28 Certified laboratories.
141.29 MonItoring of consecutive public
water systems.
141.30 Total trihalomethanes sampling, ana-
lytical and other requirements.
APPENDD A—SUMMARY OF P mLIC COMMENTS
AND EPA RESPONSES ON PROPOSED
AMENDMENTS ‘ro T NATIONAL INTERIM
PRIMARY DRINKING WATER REGULATIONS
FOR CONTROL OF TRIHALOMETHANES IN
DRINKING WATER
APPENDIX B—SUMMARY OF MAJOR COMMENTS
(FOR RESPONSES, SEE APPENDIX A)
APPENDIX C—ANALYSIS OF TRIHALOMETHANES
Subpart D—Reporting, Public Notifica-
tion and Recordkeeping
141.31 Reporting requirements.
141.32 Public notification.
141.33 Record maintenance.
141.34 Public notice requirements pertain-
ing to lead.
141.35 Reporting and public notification for
certain unregulated contaminants.
Subpnrt E—Special {egulations, In-
cluding Monitoring Regulations and
Prohibition on Lead U e
141.40 Special monitoring for inorganic and
organic contaminants.
141.41 Special monitoring for sodium.
141.42 SpecIal monitoring for corrosivity
characteristics.
141.43 ProhIbition on use of lead pipes, sol-
der, and flux.
Subpart F—Mi rimum Contaminant
Level Goals
141.50 MaxImum contaminant level
for organic contaminants.
141.51 MaxImum contaminant level
for Inorganic contaminants.
141.52 Maximum contaminant level
for microbiological contaminants.
Subpart C—National Revised Primary
Drinking Water Regulations: Maxi-
mum Contaminant Levels
141.60 Effective dates.
141.61 Maximum contaminant levels for or-
ganic contaminants.
141.62 Maximum contaminant levels for in-
organic contaminants.
141.63 Maximum contaminant levels (MCLs)
for microbiological contaminants.
Subpart H—Filtration and Disinfection
141.70 General requirements.
141.71 Criteria for avoiding filtration.
141.72 Disinfection.
141.73 Filtration.
141.74 Analytical and monitoring require-
ments.
.75 Reporting and recordkeeping
requirements.
Subpart I—Control of Lead and Copper
141.80 General requirements.
141.81 ApplicabIlity of corrosion control
treatment steps to small, medium-size
and large water systems.
141.82 DescrIption of corrosion control
treatment requirement,s.
Sec.
141.1
141.2
141.3
141.4
141.5
141.6
goals
goals
goals
(. 56
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Environmental Protection Agency
1141.2
141.83 Source water treatment require-
ments.
141.84 Lead service line replacement re-
quirements.
141.85 Public education and supplemental
monitoring requirements.
141.86 MonitorIng requirements for lead and
copper in tap water.
141.87 MonitorIng requirements for water
quality parameters.
141.88 Monitoring requirements for lead and
copper In source water.
141.89 Analytical methods.
141.90 Reporting requirements.
141.91 Recordkeeplng requirements.
Subpart J—Use of Non-Centralized
Treatment Devices
141.100 CriterIa and procedures for public
water systems using point-of-entry de-
vices.
141.101 Use of other non-centralized treat-
ment devices.
Subpart K—Treatment Techniques
141.110 General requirements.
141.111 Treatment techniques for acryl-
amicle and epichiorohydrin.
AuTHORm: 42 U.S.C. 300f, 300g.-i, 300g-2.
300g-3, 300g-4, 300g-5, 300g-6, 300j—4, and. 300j- ’
9.
SOURCE: 40 FR 595 ’70, Dec. 24, 1975, unless
otherwise noted.
NOTE: For community water systems serv-
ing 75,000 or more persons, monitoring must
begin 1 year following promulation and the
effective date of the MCL Is 2 years following
promulgation. For community water sys-
tems serving 10,000 to 75,000 persons, mon-
Itoring must begin within 3 years from the
date of promulgation and the effective date
of the MCL is 4 years from the date of pro-
mulgation. Effective immediately, systems
that plan to make significant modifications
to their treatment processes for the purpose
of complying with the TTHM MCL are re-
quired to seek and obtain State approval of
their treatment modification plans. This
note affects § 141.2. 141.6, 141,12, 141.24 and
141.30. For additional information see 44 FR
68641, Nov. 29, 19’79.
Subpart A—General
§ 141.1 Applicability.
This part establishes primary drink-
ing water regulations pursuant to sec-
tion 1412 of the Public Health Service
Act, as amended by the Safe Drinking
Water Act (Pub. L. 93—523); and related
regulations applicable to public water
Systems
§ 141.2 Definitions.
As used In this part, the term:
Act means the Public Health Service
Act, as amended by the Safe Drinking
Water Act, Public Law 93-523.
Action level, Is the concentration of
lead or copper in water specified in
§ 141.80(c) which determines, in some
cases, the treatment requirements con-
tained in subpart I of this part that a
water system Is required to complete.
Best available technology or BAT
means the best technology, treatment
techniques, or other means which the
Administrator finds, after examination
for efficacy under field conditions and
not solely under laboratory conditions,
are available (taking cost into consid-
eration). For the purposes of setting
MCLs for synthetic organic chemicals,
any BAT must be at least as effective
as granular activated carbon.
Coagulation means a process using co-
agulant chemicals and mixing by which
colloidal and suspended materials are
destabilized and agglomerated into
floes.
Communzty water system means a pub-
lic water system which serves at least
15 service connections used by year-
round residents or regularly serves at
least 25 year-round residents.
Compliance cycle means the nine-year
calendar year cycle during which pub-
lie water systems must monitor. Each
compliance cycle consists of three
three-year compliance periods. The
first calendar year cycle begins Janu-
ary 1, 1993 and ends December 31, 2001;
the second begins January 1, 2002 and
ends December 31, 2010; the third begins
January 1, 2011 and ends December 31,
2019.
Compliance period means a three-year
calendar year period within a compli-
ance cycle. Each compliance cycle has
three three-year compliance periods.
Within the first compliance cycle, the
first compliance period runs from Jan-
uary 1, 1993 to December 31, 1995; the
second from January 1, 1996 to Decem-
ber 31, 1998; the third from January 1,
1999 to December 31, 2001.
Confluent growth means a continuous
bacterial growth covering the entire
filtration area of a membrane filter, or
a portion thereof, in which bacterial
.“s
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§ 141.2
40 CFR Ch. I (7—1—94 Edttlon)
Contaminant means any physical,
chemical, biological, or radiological
substance or matter in water.
Conventional filtration treatment
means a series of processes including
coagulation, flocculation, sedimenta-
tion, and filtration resulting in sub-
stantial particulate removal.
Corrosion inhibitor means a substance
capable of reducing the corrosivity of
water toward metal plumbing mate-
rials, especially lead and copper, by
forming a protective film on the Inte-
rior surface of those materials.
CT or CTcalc is the product of ‘resid-
ual disinfectant concentration” (C) In
mg/i determined before or at the first
customer, and the corresponding “dis-
infectant contact time” (T) in minutes,
i.e., “C” x “T”. If a public water sys-
tem applies disinfectants at more than
one point prior to the first customer, it
must determine the CT of each dis-
infectant sequence before or at the
first customer to determine the total
percent inactivation or “total inac-
tivation ratio.” In determining the
total inactivation ratio, the public
water system must determine the re-
sidual disinfectant concentration of
each disinfection sequence and cor-
responding contact time before any
subsequent disinfection application
point(s). “CT 999 ” is the CT value re-
quired for 99.9 percent (3—log) inactiva-
tion of Giardia lamblia cysts. CT 9 for a
variety of disinfectants and conditions
appear in Tables 1.1—1.6, 2.1, and 3.1 of
§ 141 .74(b)(3).
Tcak
cT 999
is the inactivation ratio. The sum of
the inactivation ratios, or total inac-
tivation ratio shown as
(CTcalc)
(CT 999 )
is calculated by adding together the in-
activation ratio for each disinfection
sequence. A total inactivation ratio
equal td or greater than 1.0 is assumed
to provide a 3-log inactivation of
Giardia lamblia cysts.
Diatomaceous earth filtration means a
process resulting in substantial partic-
ulate removal in which (1) a precoat
cake of diatomaceous earth filter
media is deposited on a support
membrance (septum), and (2) whIle the
water Is filtered by passing through the
cake on the septum, additional filter
media known as body feed is continu-
ously added to the feed water to main-
tain the permeability of the filter
cake.
Direct filtration means a series of
processes Including coagulation and fil-
tration but excluding sedimentation
resulting In substantial particulate re-
moval.
Disinfectant means any oxidant, in-
cluding but not limited to chlorine,
chlorine dioxide. chloramines, and
ozone added to water in any part of the
treatment or distribution process, that
is Intended to kill or inactivate patho-
genic microorganisms.
Disinfectant contact time (“T” in CT
calculations) means the time in min-
utes that it takes for water to move
from the point of disinfectant applica-
tion or the previous point of disinfect-
ant residual measurement to a point
before or at the point where residual
disinfectant concentration (“C”) is
measured. Where only one “C” is meas-
ured, “T” is the time In minutes that
it takes for water to move from the
point of disinfectant application to a
point before or at where residual dis-
infectant concentration (“C”) is meas-
ured. Where more than one “C” is
measured, “T” is (a) for the first meas-
urement of “C”, the time in minutes
that it takes for water to move from
the first or only point of disinfectant
application to a point before or at the
point where the first “C” is measured
and (b) for subsequent measurements of
“C”, the time in minutes that it takes
for water to move from the previous
“C” measurement point to the “C”
measurement point for which the par-
ticular “T” is being calculated. Dis-
infectant contact time in pipelines
must be calculated based on “plug
flow” by dividing the internal volume
of the pipe by the maximum hourly
flow rate through that pipe. Disinfect-
ant contact time within mixing basins
and storage reservoirs must be deter-
mined by tracer studies or an equiva-
lent demonstration.
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Disinfection means a process which
inactivates pathogenic organisms in
water by chemical oxiclants or equiva-
lent agents.
Domestic or other non-distribution sys-
tem plumbing problem means a coliform
contamination problem in a public
water system with more than one serv-
ice connection that is limited to the
specific service connection from which
the coliform-positive sample was
taken.
Dose equivalent means the product of
the absorbed dose from ionizing radi-
ation and such factors as account for
differences in biological effectiveness
due to the type of radiation and its
distribution in the body as specified by
the International Commission on
Radiological Units and Measurements
(ICRU).
Effective corrosion inhibitor residual,
for the purpose of subpart I of this part
only, means a concentration sufficient
to form a passivating film on the inte-
rior walls of a pipe.
Filtration means a process for remov-
ing particulate matter from water by
passage through porous media.
First draw sample means a one-liter
sample of tap water, collected in ac-
cordance with §141.86(b)(2), that has
been standing in plumbing pipes at
least 6 hours and is collected without
flushing the tap.
Flocculation means a process to en-
hance agglomeration or collection of
smaller floe particles into larger, more
easily settleable particles through
gentle stirring by hydraulic or mechan-
ical means.
Ground water under the direct influence
of surface water means any water be-
neath the surface of the ground with (1)
significant occurrence of insects or
other macroorganisms, algae, or large-
diameter pathogens such as Giardia
lamblia, or (2) significant and relatively
rapid shifts in water characteristics
such as turbidity, temperature, con-
ductivity, or pH which closely cor-
relate to climatological or surface
water conditions. Direct influence
must be determined for individual
sources in accordance with criteria es-
tablish d by the State. The State de-
termination of direct influence may be
based on site-specific measurements of
water quality and/or documentation of
well construction characteristics and
geology with field evaluation.
Gross alpha particle act v’ity means the
total radioactivity due to alpha par-
ticle emission as inferred from meas-
urements on a dry sample.
Gross beta particle activity means the
total radioactivity due to beta particle
emission as inferred from measure-
ments on a dry sample.
Halogen means one of the chemical
elements chlorine, bromine or iodine.
initial compliance period means the
first full three-year compliance period
which begins at least 18 months after
promulgation, except for contaminants
listed at § 141.61(a) (19)—(21), (c)(19)—(33),
and § 141.62(b) (1l)—(15), initial compli-
ance period means the first full three-
year compliance period after promulga-
tion for systems with 150 or more serv-
ice connections (January 1993-Decem-
ber 1995), and first full three-year com-
pliance period after the effective date
of the regulation (January 1996—Decem-
ber 1998) for systems having fewer than
150 service connections.
Large water system, for the purpose of
subpart I of this part only, means a
water system that serves more than
50,000 persons.
Lead service line means a service line
made of lead which connects the water
main to the building inlet and any lead
pigtail, gooseneck or other fitting
which is connected to such lead line.
Legionella means a genus of bacteria,
some species of which have caused a
type of pneumonia called Legionnaires
Disease.
Man-made beta particle and photon
emitters means all radlonuclides emit-
ting beta particles and/or photons list-
ed in Maximum Permissible Body Bur-
dens and Maximum Permissible Con-
centration of Radionuclides in Air or
Water for Occupational Exposure, NBS
Handbook 69, except the daughter prod-
ucts of thorium-232, uranium-235 and
uranium-238.
Maximum contaminant level means the
maximum permissable level of a con-
taminant in water which is delivered to
any user of a public water system.
Maximum contaminant level goal or
MCLG means the maximum level of a
contaminant in drinking water at
which no known or anticipated adverse
effect on the health of persons would
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4U ¼,FK cn. i (1—1—94 EdItion)
occur, and which allows an adequate
margin of safety. Maximum contami-
nant level goals are nonenforceable
health goals.
Maximum Total Trihalomethane Poten-
tiaL (MTP) means the maximum con-
centration of total trihalomethanes
produced in a given water containing a
disinfectant residual after 7 days at a
temperature of 25° C or above.
Medium-size water system, for the pur-
pose of subpart I of this part only,
means a water system that serves
greater than 3,300 and less than or
equal to 50,000 persons.
Near the fIrst service connection means
at one of the 20 percent of all service
connections In the entire system that
are nearest the water supply treatment
facility 1 as measured by water trans-
port time within the distribution sys-
tem.
Non-community water system means a
public water system that is not a corn-
inunity water system.
Non-transient non-community water
system or NTNCWS means a public
water system that is not a community
water system and that regularly serves
at least 25 of the same persons over 6
months per year.
Optimal corrosion control treatment, for
the purpose of subpart I of this part
only, means the corrosion control
treatment that minimizes the lead and
copper concentrations at users’ ,
while insuring that the treatment does
not cause the water system to violate
any national primary drinking water
regulations.
Perfonnance evaluation sample means
a reference sample provided to a lab-
oratory for the purpose of demonstrat-
ing that the laboratory can success-
fully analyze the sample within lI mits
of performance specified by the Agen-
cy. The true value of the concentration
of the reference material Is unknown
to the laboratory at the time of the
analysis.
Person means an individual; corpora-
tion; company; association; partner-
ship; municipality; or State, Federal,
or tribal agency.
Picocu,rie (pCi) means the quantity of
radioactive material producing 2.22 nu-
clear transformations per minute.
Point of disinfectant application is the
point where the disinfectant is applied
and water downstream of that point is
not subject to recontamination by sur-
face water runoff.
Point-of-entry treatment device Is a
treatment device applied to the drink-
ing water entering a house or building
for the purpose of reducing contami-
nants in the drinking water distributed
throughout the house or building.
Point-of -wse treatment device is a
treatment device applied to a single
tap used for the purpose of reducing
contaminants in drinking water at
that one tap.
Public water system means a system
for the provision to the public of piped
water for human consumption, if such
system has at least fifteen service con-
nections or regularly serves an average
of at least twenty-five individuals
daily at least 60 days out of the year.
Such term includes (1) any collection,
treatment, storage, and distribution fa-
cilities under control of the operator of
such system and used primarily in con-
nection with such system, and (2) any
collection or pretreatment storage fa-
cilities not under such control which
are used primarily in connection with
such system. A public water system is
either a “community water system” or
a “noncommunity water system.”
Rem means the unit of dose equiva-
lent from ionizing radiation to the
total body or any internal organ or
organ system. A “millirem (mrem)” is
1/1000 of a rem.
Repeat compliance period means any
subsequent compliance period after the
initial compliance period.
Residual disinfectant concentration
(“C” in CT calculations) means the
concentration of disinfectant measured
in mgfl in a representative sample of
water.
Sanitary survey means an onsite re-
view of the water source, facilities,
equipment, operation and maintenance
of a public water system for the pur-
pose of evaluating the adequacy of such
source, facilities equipment, operation
and maintenance for producing and dis-
tributing safe drinking water.
Sedimentation means a process for re-
moval of solids before filtration by
gravity or separation.
Service line sample means a one-liter
sample of water collected in accord-
ance with §l41.86(b)(3), that has been
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Environmental rrotecnon AQOflCY
§ 141.4
standing for at least 6 hours In a serv-
ice line.
Single family structure, for the purpose
of subpart I of this part only, means a
building constructed as a single-family
residence that is currently used as ei-
ther a residence or a place of business.
Slow sand filtration means a process
Involving passage of raw water through
a bed of sandat low velocity (generally
less than 0.4 rn/h) resulting in substan-
tial particulate removal by physical
and biological mechanisms.
Small water system, for the purpose of
subpart I of this part only, means a
water system that serves 3,300 persons
or fewer.
Standard sample means the aliquot of
finished drinking water that is exam-
med for the presence of coliform bac-
teria.
State means the agency of the State
or Tribal government which has juris-
diction over public water systems. Dur-
ing any period when a State or Tribal
government does not have primary en-
forcement responsibility pursuant to
section 1413 of the Act, the term
“State” means the Regional Adminis-
- trator, ‘U.S. Environmental Protection
Agency.
Supplier of water means any person
who owns or operates a public water
system.
Surface water means all water which
is open to the atmosphere and subject
to surface runoff.
System with a single service connection
means a system which supplies drink-
ing water to consumers via a single
service line.
Too numerous to count means that the
total number of bacterial colonies ex-
ceeds 200 on a 47-mm diameter mem-
brane filter used for coliform detec-
tion.
Total trihalomethanes (TTHM) means
the sum of the concentration in
milligrams per liter of the trihalo-
methane compounds (trichioromethane
(chloroform], dibromochloromethane,
bromodichloromethane and
tribromomethane [ bromoform]), round-
ed to two significant figures.
Transz zt non-community water system
or TWS means a non-community water
system that does not regularly serve at
least 25 of the same persons over six
- months per year.
Trzhalomethane (THM) means one of
the family of organic compounds,
named as derivatives of methane,
wherein three of the four hydrogen
atoms in methane are each substituted
by a halogen atom in the molecular
structure.
Virus means a virus of fecal origin
which is infectious to humans by Wa-
terborne transmission.
Waterborne disease outbreak means the
significant occurrence of acute infec-
tious illness, epidemiologically associ-
ated with the ingestion of water from a
public water system which is deficient
in treatment, as determined by the ap-
propriate local or State agency.
[ 40 FR 59570, Dec. 24, 1975, as amended at 41
FR 28403, July 9, 1976; 44 FR 68641, Nov. 29.
1979; 51 FR 11410, Apr. 2, 1986; 52 FR 20674,
June 2. 1987: 52 FR 25712, July 8, 1987; 53 FR
37410, Sept. 26, 1988; 54 FR 27526, 27562, June
29, 1989; 56 FR 3578, Jan. 30, 1991; 56 FR 26547,
June 7, 1991; 57 FR 31838, July 17, 1992; 59 FR
34322, July 1, 1994]
§ 141.3 Coverage.
This part shall’ apply to each public
water system, unless the public water
system meets all of the following con-
ditions:
(a) Consists only of distribution and
storage facilities (and does not have
any collection and treatment facili-
ties);
(b) Obtains all of its water from, but
is not owned or operated by, a public
water system to which such regula-
tions apply:
(c) Does not sell water to any person;
and
(d) Is not a carrier which conveys
passengers in interstate commerce.
§ 141.4 Variances and exemptions.
(a) Variances or exemptions from
certain provisions of these regulations
may be granted pursuant to sections
1415 and 1416 of the Act by the entity
with primary enforcement responsibil-
ity, except that variances or exemp-
tions from the MCL for total coliforms
and variances from any of the treat-
ment technique requirements of sub-
part H of this part may not be granted.
(b) EPA has stayed the effective date
of this section relating to the total
coliform MCL of §141.63(a) for systems
that demonstrate to the State that the
“.3
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§ 141.5
40 CFR Ch I (7-1-94 Edition)
violation of the total coliform MCL I is
due to a persistent growth of total coli-
forms in the distribution system rather
than fecal or pathogenic contamina-
tion, a treatment lapse or deficiency,
or a problem in the operation or main-
tenance of the distribution system.
[ 54 FR 27562, June 29, 1989, as amended at 56
FR 1557, Jan. 15, 1991)
§ 141.5 Siting requirements.
Before a person may enter into a fi-
nancial commitment for or initiate
construction of a new public water sys-
tem or increase the capacity of an ex-
isting public water system, he shall no-
tify the State and, to the extent prac-
ticable, avoid locating part or all of the
new or expanded facility at a site
which:
(a) Is subject to a significant risk
from earthquakes, floods, fires or other
disasters which could cause a break-
down of the public water system or a
portion thereof; or
(b) Except for intake structures, is
within the floodplain of a 100—year
flood or is lower than any recorded
high tide where appropriate records
exist. The U.S. Environmental Protec-
tion Agency will not seek to override
land use decisions affecting public
water systems siting which are made
at the State or local government lev-
els.
§ 141.6 Effective dates.
(a) Except as provided in paragraphs
(a) through (h) of this section, and in
§141.80(a)(2), the regulations set forth
in this part shall take effect on June
24, 1977.
(b) The regulations for total trihalo-
methanes set forth in § 141.12(c) shall
take effect 2 years after the date of
promulgation of these regulations for
community water systems serving
75,000 or more individuals, and 4 years
after the date of promulgation for com-
munities serving 10,000 to 74,999 indi-
viduals.
(c) The regulations set forth in
§ 141.11 (a), (d) and (e); 141.14(a)(1);
141.14(b)(l)(i); 141.14(b)(2)(i); 141.14(d);
141.21 (&), (c) and (1); 141.22 (a) and (e);
141.23 (a)(3) and (a)(4); 141.23(f);
141.24(a)(3); 141.24 (e) and (f); 141.25(e);
141.27(a); 141.28 (a) and (b); 141.31 (a), Cd)
and (e); 141.32(b)(3); and 141.32(d) shall
take effect Immediately upon promul-
gation.
(d) The regulations set forth in
§ 141.41 shall take effect 18 months from
the date of promulgation. Suppliers
must complete the first round of sam-
pling and reporting within 12 months
following the effective date.
Ce) The regulations set forth in
§ 141.42 shall take effect 18 months from
the date of promulgation. All require-
ments in § 141.42 must be completed
within 12 months following the effec-
tive date.
( 0 The regulations set forth in
§141.11(c) and §141.23(g) are effective
May 2. 1986. Section 141.23(g)(4) is effec-
tive October 2, 1987.
(g) The regulations contained in
§ 141.6, paragraph (c) of the table in
141.12, and 141.62(b)(1) are effective July
1, 1991. The regulations contained in
§ 141.11(b), 141.23, 141.24, 142.57(b),
143.4(b)(12) and (b)(13), are effective
July 30, 1992. The regulations contained
in the revisions to § 141.32(e) (16), (25)
through (27) and (46); 141.61(c)(16); and
141.62(b)(3) are effective January 1, 1993.
The effective date of regulations con-
tained in § 141.61(c) (2), (3), and (4) is
postponed.
(h) Regulations for the analytic
methods listed at § 141.23(k)(4) for
measuring antimony, beryllium, cya-
nide, nickel, and thallium are effective
August 17, 1992. Regulations for the
analytic methods listed at §141.24(0(16)
for dich lorome th ne, 1 ,2,4-trichloro-
benzene, and 1,1,2-trichloroethane are
effective August 17, 1992. Regulations
for the analytic methods listed at
§141.24(h)(12) for measuring dalapon,
dinoseb, diquat, endo thall, endrin,
glyphosate, oxamyl, picloram,
simazine, benzo(a)pyrene, di(2-
ethylhexyl)adipate, di(2-
ethylhexyl)phthalate, hexachloroben-
ze ne, hexachlorocyclopentadiene, and
2,3,7,8-TCDD are effective August 17,
1992. The revision to § 141.12(a) promul-
gated on July 17, 1992 is effective on
August 17, 1992.
(44 FR 68641, Nov. 29. 1979, as amended at 45
FR 57342. Aug. 27. 1980; 47 FR 10998. Mar. 12,
1982; 51 FR 11410, Apr. 2, 1986; 56 FR 30274.
July 1, 1991; 57 FR. 22178, May 27. 1992; 57 FR
31838, July 17, 1992; 59 FR 34322, July 1, 1994] f y ,’4
-------
Environmental Protection Agency
§ 141.13
Subpart B—Maximum
Contaminant Levels
§ 141.11 Maximum contaminant levels
for inorganic chemicals.
(a) The MCL for nitrate is applicable
to both community water systems and
non-community water systems except
as provided by In paragraph (d) of this
section. The levels for the other Inor-
ganic chemicals apply only to commu-
nity water systems. Compliance with
MCLs for inorganic chemicals is cal-
culated pursuant to § 141.23.
(b) The following maximum contami-
nant levels for cadmium, chromium,
mercury, nitrate, and selenium shall
remain effective until July 30, 1992. The
following maximum contaminant level
for lead shall remain effective until De-
cember 7, 1992.
Contaminant
Level, m it -
ligrams per
liter
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Nitrate (as N)
Selenium
0.05
1
0.010
0.05
0.05
0.002
10
001
(c) The maximum contaminant level
for fluoride is 4.0 mg/I. See 40 CFR
143.3. which establishes a secondary
maximum contaminant level at 2.0 mg I
1.
(d) At the discretion of the State, ni-
trate levels not to exceed 20 mg/I may
be allowed in a non-community water
system If the supplier of water dem-
onstrates to the satisfaction of the
State that:
(1) Such water will not be available
to children under 6 months of age; and
(2) There will be continuous posting
of the fact that nitrate levels exceed 10
mg/I and the potential health effects of
exposure; and
(3) Local and State public health au-
thorities will be notified annually of
nitrate levels that exceed 10 mg/I; and
(4) No adverse health effects shall re-
sult.
(40 FR 59570, Dec. 24, 1975, as amended at 45
FR 57342, Aug. 27, 1980; 47 FR 10998, Mar. 12,
1982; 51 FR 11410. Apr. 2, 1986; 56 FR 3578. Jan.
30, 1991; 56 FR 26548, June 7. 1991; 56 FR 30274,
Julyl.1991:56FR32113 July15 lc$111
§ 141.12 Maximum contaminant levels
for organic chemicals.
The following are the maximum con-
taminant levels for organic chemicals.
The maximum contaminant levels for
organic chemicals In paragraph (a) of
this section apply to all community
water systems. Compliance with the
maximum contaminant level in para-
graph (a) of this section is calculated
pursuant to § 141.24. The maximum con-
taminant level for total
trihalomethanes In paragraph (c) of
this section applies only to community
water systems which serve a popula-
tion of 10,000 or more individuals and
which add a disinfectant (oxidant) to
the water In any part of the drinking
water treatment process. Compliance
with the maximum contaminant level
for total trihalomethanes is calculated
pursuant to §141.30.
Level. milk-
grams per
liter
(a) (Reserved]
(b) (Reserved]
(c) Tolal tnhalomethanes (the sum ot the con-
centrahons ot bromodichloromethane.
dibromochloromethane. tnbromomethane
(bromoform) and trich loromethane (chloro-
form))
0.10
(56 FR 3578, Jan. 30, 1991, as amended at 57
FR 31838, July 17, 1992]
§ 141.13 Maximum contaminant levels
for turbidity.
The maximum contaminant levels
for turbidity are applicable to both
community water systems and non-
community water systems using sur-
face water sources in whole or in part.
The maximum contaminant levels for
turbidity in drinking water, measured
at a representative entry point(s) to
the distribution system, are:
(a) One turbidity unit (TU), as deter-
mined by a monthly average pursuant
to § 141.22, except that five or fewer tur-
bidity units may be allowed if the sup-
plier of water can demonstrate to the
State that the higher turbidity does
not do any of the following:
(1) Interfere with disinfection;
(2) Prevent maintenance of an effec-
tive disinfectant agent throughout the
distribution system; or
(3) Interfere with microbiological de-
t prmin ntinnc
-------
I—,. •
%. S
(b) Five turbidity units based on an
average for two consecutIve days pur-
iuant to §141.22.
(40 FR 59570, Dec. 24, 1975]
EFFECTIVE DATE NOTE: At 54 FR 27577. June
29, 1988, §141.la was amended, by adding in-
troductory text, effective December 31, 1990.
This section already contains an introduc-
tory text. EPA will publish a document at a
later date clarifying the status of the cur-
rent introductory text. For the convenience
of the user, the added material follows.
* 141.13 Maximum contaminant levels for
turbidity.
The requirements in this section apply to
unfiltered systems until December 30, 1991,
unless the State has determined prior to
that date, In writing pursuant to
§ 1412(b)(7)(C)(lil), that filtration is required.
The requirements in this section apply to fil-
tered systems until June 29, 1993. The re-
quirements in this section apply to
unfiltered systems that the State has deter-
mined, in writing pursuant to
§ 1412(b)(7)(C)(iii), must install filtration,
until June 29, 1993, or until filtration is in-
stalled, whichever is later.
* * * * *
j 141.15 Maximum contaminant levels
for radium-226, radium-228, and
gross alpha particle radioactivity in
community water systems.
The following are the maximum con-
taminant levels for radium-226, ra-
dlum-228, and gross alpha particle ra-
dioactivity:
(a) Combined radium-226 and radium-
228—5 pCIJ1.
(b) Gross alpha particle activity (in-
cluding radium-226 but excluding radon
and uranlum)—15 pCi/i.
[ 41 FR 28404, July 9, 1976]
§ 141.16 Maximum contaminant levels
for beta particle and photon radio-
activity from man-made radio-
nuclides in community water sys-
tems.
(a) The average annual concentration
of beta particle and photon radioactiv-
ity from man-made radionuclides in
drinking water shall not produce an
annual dose equivalent to the total
body oi any internal organ greater
than 4 milliremlyear.
(b) Except for the radionuclides list-
ed in Table A, the concentration of
man-made radionuclides causing 4
mrem total body or organ dose equiva-
lents shall be calculated on the basis of
a 2 liter per day drinking water Intake
using the 168 hour data listed In “Maxi-
mum Permissible Body Burdens and Maxi-
mum Permissible Concentration of Radio-
nuclides in Air or Water for Occupational
Exposure,” NBS Handbook 69 as amend-
ed August 1963, U.S. Department of
Commerce. If two or more radio-
nuclides are present, the sum of their
annual dose equivalent to the total
body or to any organ shall not exceed 4
m lllirem/year.
TABLE A—AVERAGE ANNUAL CONCENTRATIONS
ASSUMED TO PRODUCE A TOTAL BODY OR
ORGAN DosE OF 4 MREM/YR
Radionudide
Cnt cai organ
per
Tntium
Total body
20,000
Strontium—90
Bone marrow
8
Subpart C—Monitoring and
Analytical Requirements
§141.21 Coliform sampling.
(a) Routine monitoring. (1) Public
water systems must collect total coil-
form samples at sites which are rep-
resentative of water throughout the
distribution system according to a
written sample siting plan. These plans
are subject to State review and revi-
sion.
(2) The monitoring frequency for
total coliforms for community water
systems is based on the population
served by- the system, as follows:
TOTAL COLIFORM MONITORING FREQUENCY FOR
COMMUNIT ’ WATER SYSTEMS
Minimum
number
Population served
of sam-
ples per
month
[ 41 FR. 28404, July 9, 19’76]
25to 1, 0 00t
1,001 to 2,500
2,501 to 3.300
3,301 to 4,100
4,101 to 4,900
4,901 to 5.800
5,801 to 6,700
6,701 to 7,600
7,601 108,500
8,501 to 12,900
12,901 to 17,200
17,201 to 21,500
21 .501 to 25,000
2
3
4
5
6
7
8
9
10
15
20
25
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Environmental Protection Agency
§ 141.21
TOTAL COLIFORM MONITORING FREQUENCY FOR
COMMUNITY WATER SYSTEMS—Continued
Minimum
number
Population served
of sam-
ples per
month
25,001 to 33,000
30
33,001 to 41,000
40
41,001 to 50,000
50
50.001 to 59.000
60
59,001 to 70,000
70
70,001 to 83.000 ..
83,001 to 96,000
80
90
100
120
150
180
210
240
270
96,001 to 130,000
130,001 to
..
220,001 to 320,000
320,001 to 450,000
450,001 to 600,000
600.001 to 780,000
..
780.001 to 970.000
970,001 to 1,230,000
300
1,230,001 to 1,520,000
330
1,520,001 to 1,850,000
1,850,001 102,270,000
360
390
420
450
480
2,270,001 to 3,020,000
3,020,001 to 3,960,000
3,960,001 or more
‘rncludes pubhc water systems which have at least 15
service connections, bul serve fewer than 25 persons.
If a community water system serving
25 to 1,000 persons has no history of
total coliform contamination in its
current configuration and a sanitary
survey conducted in the past five years
shows that the system is supplied sole-
ly by a protected groundwater source
and Is free of sanitary defects, the
State may reduce the monitoring fre-
quency specified above, except that in
no case may the State reduce the mon-
itoring frequency to less than one sam-
ple per quarter. The State must ap-
prove the reduced monitoring fre-
quency in writing.
(3) The monitoring frequency for
total coliforms for non-community
water systems Is as follows:
(I) A non-community water system
using only ground water except
ground water under the direct Influ-
ence of surface water, as defined in
§ 141.2) and serving 1,000 persons or
fewer must monitor each calendar
quarter that the system provides water
to the public, except that the State
may reduce this monitoring frequency,
In writing, if a sanitary survey shows
that the system is free of sanitary de-
fects. Beginning June 29, 1994, the
State cannot reduce the monitoring
frequency for a non-community water
system using only ground water (ex-
(‘pnf. rôiind w t r iirir1 r th I1iT’ .F
fluence of surface water, as defined in
§ 141.2) and serving 1,000 persons or
fewer to less than once/year.
(ii) A non-community water system
using only ground water (except
ground water under the direct Influ-
ence of surface water, as defined in
§141.2) and serving more than 1;000 per-
Sons during any month must monitor
at the same frequency as a like-sized
community water system, as specified
in paragraph (a)(2) of this section, ex-
cept the State may reduce this mon-
itoring frequency, in writing, for any
month the system serves 1,000 persons
or fewer. The State cannot reduce the
monitoring frequency to less than
once/year. For systems using ground
water under the direct influence of sur-
face water, paragraph (a)(3)(iv) of this
section applies.
(ill) A non-community water system
using surface water, in total or in part,
must monitor at the same frequency as
a like-sized community water system,
as specified in paragraph (a)(2) of this
section, regardless of the number of
persons it serves.
(iv) A non-community water system
using ground water under the direct
influence of surface water, as defined
in § 141.2, must monitor at the same
frequency as a like-sized community
water system, as specified in paragraph
(a)(2) of this section. The system must
begin monitoring at this frequency be-
ginning six months after the State de-
termines that the ground water is
under the direct influence of surface
water.
(4) The public water system must col-
lect samples at regular time intervals
throughout the month, except that a
system which uses only ground water
(except ground water under the direct
influence of surface water, as defined
in § 141.2), and serves 4,900 persons or
fewer, may collect all required samples
on a single day if they are taken from
different sites.
(5) A public water system that uses
surface water or ground water under
the direct influence of surface water, as
defined in § 141.2, and does not practice
filtration in compliance with Subpart
H must• collect at least one sample near
the first service connection each day
the turbidity level of the source water,
‘ C IAI
/ l. _7
-------
141.21
4U Ct-K Cfl. I (7—I--94 talTion)
exceeds 1 NTU. This sample must be
analyzed for the presence of total coil-
Drms. When one or more turbidity
measurements in any day exceed 1
NTU, the system must collect this coil-
form sample within 24 hours of the first
exceedanee, unless the State deter-
mines that the system, for logistical
reasons outside the system’s control,
cannot have the sample analyzed with-
in 30 hours of collection. Sample re-
suits from this coliform monitoring
must be included in determining com-
pliance with the MCL for total coil-
forms in § 141.63.
(6) Special purpose samples, such as
those taken to determine whether dis-
infection practices are sufficient fol-
lowing pipe placement, replacement, or
repair, shall not be used to determine
compliance with the MCL for total
coliforms in § 141.63. Repeat samples
taken pursuant; to paragraph (b) of this
section are not considered special pur-
pose samples, and must be used to de-
termine compliance with the MCL for
total coliforms in § 141.63.
(b) Repeat monitoring. (1) If a routine
3ample Is total coliform-positive, the
public water system must collect a set
of repeat samples within 24 hours of
being notified of the positive result. A
system which collects more than one
routine sample/month must collect no
fewer than three repeat samples for
each total coliform-positive sample
found. A system which collects one
routine sample/month or fewer must
collect no fewer than four repeat sam-
ples for each total couform-positive
sample found. The State may extend
the 24-hour limit on a case-by-case
basis if the system has a logistical
problem in collecting the repeat sam-
ples within 24 hours that is beyond its
control. In the case of an extension,
the State must specify how much time
the system has to collect the repeat
samples.
(2) The system must collect at least
one repeat sample from the sampling
tap where the original total coliform-
positive sample was taken, and at least
one repeat sample at a tap within five
service “connections upstream and at
least one repeat sample at a tap within
five service connections downstream of
the original sampling site. If a total
coliform-positive sample is at the end
of the distribution system, or one away
from the end of the distribution sys-
tem, the State may waive the require-
ment to collect at least one repeat
sample upstream or downstream of the
original sampling site.
(3) The system must collect all re-
peat samples on the same day, except
that the State may allow a system
with a single service connection to col-
lect the required set of repeat samples
over a four-day period or to collect a
larger volume repeat sample(s) in one
or more sample containers of any size,
as long as the total volume collected is
at least 400 ml (300 ml for systems
which collect more than one routine
sample/month).
(4) If one or more repeat samples in
the set is total coliform-positive, the
public water system must collect an
additional set of repeat samples in the
manner specified In paragraphs (b)(1)—
(3) of this section. The additional sam-
ples must be collected within 24 hours
of being notified of the positive result,
unless the State extends the limit as
provided in paragraph (b)(1) of this sec-
tion. The system must repeat this
process until either total coliforms are
not detected in one complete set of re-
peat samples or the system determines
that the MCL for total coliforms in
§141.63 has been exceeded and notifies
the State.
(5) If a system collecting fewer than
five routine samples/month has one or
more total coliform-positive samples
and the State does not invalidate the
sample(s) under paragraph (c) of this
section, it must collect at least five
routine samples during the next month
the system provides water to the pub-
lic, except that the State may waive
this requirement if the conditions of
paragraph (b)(5) (i) or (ii) of this sec-
tion are met. The State cannot waive
the requirement for a system to collect
repeat samples in paragraphs (b)(1H4)
of this section.
(i) The State may waive the require-
ment to collect five routine samples
the next month the system provides
water to the public if the State, or an
agent approved by the State, performs
a site visit before the end of the next
month the system provides water to
the public. Although a sanitary survey
need not be performed, the site visit
-------
Environmental Protection Agency
S I4I. I
must be sufficiently detailed to allow
the State to determine whether add!-
tional monitoring andlor any correc-
tive action is needed. The State cannot
approve an employee of the system to
perform this site visit, even If the em-
ployee Is an agent approved by the
State to perform sanitary surveys.
(ii) The State may waive the require-
ment to collect five routine samples
the next month the system provides
water to the public if the State has de-
termined why the sample was total
coliform-positive and establishes that
the system has corrected the problem
or will correct the problem before the
end of the next month the system
serves water to the public. In this case,
the State must document this decision
to waive the following month’s addi-
tional monitoring requirement in writ-
ing, have It approved and signed by the
supervisor of the State official who
recommends such a decision, and make
this document available to the EPA
and public. The written documentation
must describe the specific cause of the
total coliform-positive sample and
what action the system has taken andi
or will take to correct this problem.
The State cannot waive the require-
ment to collect five routine samples
the next month the system provides
water to the public solely on the
grounds that all repeat samples are
total coliform-negative. Under this
paragraph, a system must still take at
least one routine sample before the end
of the next month it serves water to
the public and use it to determine com-
pliance with the MCL for total coli-
forms in §141.63, unless the State has
determined that the system has cor-
rected the contamination problem be-
fore the system took the set of repeat
samples required In paragraphs (b)(1)-
(4) of this section, and all repeat sam-
ples were total coliform-negative.
(6) After a system collects a routine
sample and before it learns the results
of the analysis of that sample, if it col-
lects another routine sample(s) from
within five adjacent service connec-
tions of the Initial sample, and the ini-
tial s&mple, after analysis, is found to
contain total coliforms, then the sys-
tem may count the subsequent
sample(s) as a repeat sample instead of
as a routine sample.
(7) Results of all routine and repeat
samples not invalidated by the State
must be included In determining com-
pliance with the MCL for total coli-
forms in § 141.63.
(c) Invalidation of total coliforin sam-
ples. A total coliform-positive sample
invalidated under this paragraph (c)
does not count towards meeting the
minimum monitoring requirements of
this sectIon. (1) The State may invali-
date a total coliform-positive sample
only if the conditions of paragraph
(c)(1)(i), (Ii), or (iii) of this section are
met.
(I) The laboratory establishes that
improper sample analysis caused the
total coliform-positive result.
(ii) The State, on the basis of the re-
sults of repeat samples collected as re-
quired by paragraphs (b) (1) through (4)
of this section, determInes that the
total coliform-positive sample resulted
from a domestic or other non-distribu-
tion system plumbing problem. The
State cannot invalidate a sample on
the basis of repeat sample results un-
less all repeat sample(s) collected at
the same tap s the original total coil-
form-positive sample are also total
coliform-posltive, and all repeat sam-
ples collected within five service con-
nections of the original tap are total
coliform-negative (e.g., a State cannot
invalidati a total coliform-posi tive
sample on the basis of repeat samples if
all the repeat samples are total coil-
form-negative, or if the public water
system has only one service connec-
tion).
(lii) The State has substantial
grounds to believe that a total coil-
form-positive result is due to a cir-
cumstance or condition which does not
reflect water quality in the distribu-
tion system. In this case, the system
must still collect all repeat samples re-
quired under paragraphs (b) (1)—(4) of
this section, and use them to deter-
mine compliance with the MCL for
total coliforms in § 141.63. To invalidate
a total coliform-positive sample under
this paragraph, the decision with the
rationale for the decision must be doc-
umented in writing, and approved and
signed by the supervisor of the State
official who recommended the decision.
The State must make this document
available to EPA and the public. The
(d,q
-------
§ 141.21
40 CFR Ch. I (7— —94 Edition)
written documentation must state the
peclflc cause of the total coliform-
positive Bample, and what action the
system has taken, or will take, to cor-
rect this problem. The State may not
Invalidate a total coli form-positive
sample solely on the grounds that all
repeat samples are total coliform-nega-
tive.
(2) A laboratory must Invalidate a
total coilform sample (unless total
coliforms are detected) if the sample
produces a turbid culture in the ab-
sence of gas production using an ana-
lytical method where gas formation Is
examined (e.g.. the Multiple-Tube Fer-
menta.tion Technique), produces a
turbid culture in the absence of an acid
reaction in the Presence-Absence (P—A)
Coliform Test, or exhibits confluent
growth or produces colonies too numer-
ous to count with an analytical method
using a membrane filter (e.g., Mem-
brane Filter Technique). If a labora-
tory invalidates a sample because of
such interference, the system must col-
lect another sample from the same lo-
at1on as the original sample within 24
hours of being notified of the inter-
ference problem, and have It analyzed
for the presence of total coliforms. The
system must continue to re-sample
within 24 hours and have the samples
analyzed until it obtains a valid result.
The State may waive the 24-hour time
limit on a case-by-case basis.
(d) Sanitary surveys. (l)(i) Public
water systems which do not collect five
or more routine samples/month must
undergo an Initial sanitary survey by
June 29, 1994, for community public
water systems and June 29, 1999, for
non-community water systems. There-
after, systems must undergo another
sanitary survey every five years, ex-
cept that non-community water sys-
tems using only protected and ths-
infected ground water, as defined by
the State, must undergo subsequent
sanitary surveys at least every ten
years after the initial sanitary survey.
The State must review the results of
each sa nitary survey to determine
whether the existing monitoring fre-
quency is adequate and what; additional
measures. if any, the system needs to
undertake to improve drinking water
(II) In conducting a sanitary survey
of a system using ground water in a
State having an EPA-approved well-
head protection program under section
1428 of the Safe Drinking Water Act,
information on sources of contamina-
tion within the delineated welihead
protection area that was collected in
the course of developing and imple-
menting the program should be consid-
ered instead of collecting new informa-
tion, if the Information was collected
since the last time the system was sub-
ject to a sanitary survey.
(2) Sanitary surveys must be per-
formed by the State or an agent ap-
proved by the State. The system is re-
sponsible for ensuring the survey takes
place.
(e) Fecal coliforms/Escherichia coli (E.
coli) testing. (1) If any routine or repeat
sample is total coliform-positive, the
system must analyze that total coil-
form-positive culture medium to deter-
mine if fecal coliforms are present, ex-
cept that the system may test for E.
coli in lieu of fecal coliforms. If fecal
coliforms or E. coli are present, the sys-
tem must notify the State by the end
of the day when the system is notified
of the test result, unless the system is
notified of the result after the State of-
fice is closed, in which case the system
must notify the State before the end of
the next business day.
(2) The State has the discretion to
allow a public water system, on a case-
by-case basis, to forgo fecal coliform or
E. coli testing on a total coliform-posi-
tive sample if that system assumes
that the total coliform-positive sample
is feca.l coliform-positive or E. coli-posi-
tive. Accordingly, the system must no-
tify the State as specified in paragraph
(e)(l) of this section and the provisions
of § 141.63(b) apply.
(1) AnalytIcal methodology. (1) The
standard sample volume required for
total coliform analysis, regardless of
analytical method used, is 100 ml.
(2) Public water systems need only
determine the presence or absence of
total coliforms; a determination of
total coliform density is not required.
(3) Public water systems must con-
duct total coliform analyses in accord-
ance with one of the following analyt-
:. ,
I, 7 0
-------
tuIVII JS Iii S I II’..lS I
(i) Multiple-Tube Fermentation
(MTF) Technique, as set; forth In Stand-
ard Methods for the Exammation of
Water and Wastewater, 1985, American
Public Health Association et a!., 16th
edition, Method 908, 908A, and 908B—pp.
870—878, except that 10 fermentation
tubes must; be used; or Microbzological
Methods for Monitoring the Environment,
Water and Wastes, U.S. EPA, Environ-
mental Monitoring and Support Lab-
oratory, Cincinnati, Ohio 45268 (EPA-
60018—78—017, December 1978, avaIlable
from ORD Publications, CERI, U.S.
EPA, Cincinnati, Ohio 45268), Part UI,
Section B.4.1—4.6 .4, pp. 114—118 (Most
Probable Number Method), except that
10 fermentatIon tubes must be used; or
(ii) Membrane Filter (MF) Technique,
as set forth in Standard Methods for the
Examination of Water and Wastewater,
1985, American Public Health Associa-
tion et at., 16th edition, Method 909,
909A and 909B—pp. 886-896; or
Microbiological Methods for Monitoring
the Environment, Water and Wastes, U.S.
EPA, Environmental Monitoring and
Support Laboratory, Cincinnati, Ohio
45268 (EPA—600/8—78—017, December 1978,
available from ORD Publications,
CERI, U.S. EPA, Cincinnati, Ohio
45268), Part III, Section B.2.1—2.6, pp.
108—112; or
(iii) Presence-Absence (P—A) Coliform
Test, as set forth in Standard Methods
for the Examination of Water and
Wa ,stewater, 1985, American Public
Health Association et a!., 16th edition,
Method 908E—pp. 882-886; or
(iv) Minimal Medium ONPO—MUG
(MMO—MUG) Test, as set forth in the
article “National Field Evaluation of a
Defined Substrate Method for the Si-
multaneous Detection of Total Coil-
forms and Escherichia coli from Drink-
ing Water: Comparison with Presence-
Absence Techniques” (Edberg et a!.),
Applied and Environmental Microb!-
ology, Volume 55, pp. 1003—1008, April
1989. (Note: The MMO—MUG Test is
sometimes referred to as the Autoanal-
ysis Coillert System.) The MMO-MUG
Test with hepes buffer in lieu of phos-
phate buffer, is an acceptable minor re-
vision.
(4) In lieu of the 10-tube MTF
Technique specified in paragraph
(f)(3)(i) of this section, a public water
system may use the MTF Technique
using either five tubes (20-ml sample
portions) or a single culture bottle con-
taining the culture medium for the
MTF Technique, i.e., lauryl tryptose
broth (formulated as described In
Standard Methods for the Examination of
Water and Wastewater, 1985, American
Public Health Association et al., 16th
Edition, Method 908A—p. 872), as long
as a 100-ml water sample is used in the
analysis.
(5) Public water systems must con-
duct fecal coliform analysis in accord-
ance with the following procedure.
When the MTF Technique or Presence-
Absence (PA) Coliform Test Is used to
test for total coliforms, shake the lac-
tose-positive presumptive tube or P—A
vigorously and transfer the growth
with a sterile 3-mm loop or sterile ap-
plicator stick into brilliant green lac-
tose bile broth and EC medium to de-
termine the presence of total and fecal
coliforms, respectively. For EPA-ap-
proved analytical methods which use a
membrane filter, transfer the total
coliform-positive culture by one of the
following methods: remove the mem-
brane containing the total coliform
colonies from the substrate with a ster-
ile forceps and carefully curl and insert
the membrane into a tube of EC me-
dium (the laboratory may first remove
a small portion of selected colonies for
verification), swab the entire mem-
brane filter surface with a sterile cot-
ton swab and transfer the inoculum to
EC medium (do not leave the cotton
swab in the EC medium), or inoculate
individual total coliform-positive colo-
nies into EC Medium. Gently shake the
Inoculated tubes of EC medium to in-
sure adequate mixing and incubate in a
waterbath at 44.5 ± 0.2 °C for 24 ± 2
hours. Gas production of any amount
in the inner fermentation tube of the
EC medium indicates a positive fecal
coliform test. The preparation of EC
medium is described in Standard Meth-
ods for the Examination of Water ‘and
Wastewater, 1985, American Public
Health Association, 16th Edition,
M thod 908C—p. 879, paragraph la. Pub-
lic water systems need only determine
the presence or absence of fecal coil-
forms; a determination of fecal coli-
form density is not required.
(6) Public water systems must con-
duct analysis of Escherichza coli in ac-
(,‘71
-------
cordance with one of the following ana-
lytical methods:
(i) EC medium supplemented with 50
jig/mi of 4-methylumbelliferyl-beta-D-
glucuronide (MUG) (final concentra-
tion). EC medium Is described in Stand-
ard Methods for the Examination of
Water and Wastewater, 1985, American
Public Health Association et al., 16th
edition, p. 879. MUG may be added to
EC medium before autoclaving. EC me-
dium supplemented with 50 jig/mi of
MUG is commercially available. At
least 10 ml of EC medium supple-
mented with MUG must be used. The
Inner inverted fermentation tube may
be omitted. The procedure for transfer-
ring a total coliform-positive culture
to EC medium supplemented with MUG
shall be as specified in paragraph (fl(5)
of this section for transferring a total
coliform-positive culture to EC me-
dium. Observe fluorescence with an ul-
traviolet light (366 nm) in the dark
after incubating tube at 44.5 ± 0.2 °C for
24 ± 2 hours; or
(ii) Nutrient agar supplemented with
100 jig/mi 4-methylumbelliferyl-beta-D-
glucuronide (MUG) (final concentra-
tion). Nutrient Agar is described in
Standard Methods for the Examination of
Waste and Wastewater, 1985, American
Public Health Association et al., 16th
edition, p. 874. This test is used to de-
termine if a total coliform-positive
sample, as determined by the Mem-
brane Filter Technique or any other
method in which a membrane filter is
used, contains E. coli. Transfer the
membrane filter containing a total
coliform colony(ies) to nutrient agar
supplemented with 100 jig/mi (final con-
centration) of MUG. After incubating
the agar plate at 35 °C for 4 hours, ob-
serve the colony(ies) under ultraviolet
light (366 nm) in the dark for fluores-
cence. If fluorescence is visible, E. coil
are present.
(iii) Minimal Medium ONPG-MUG
(MMO—MUG) Test, as set forth in the
article “National Field Evaluation of a
Defined Substrate Method for the Si-
multaneous Detection of Total Coli-
forms and Escherichia colt from Drink-
ing W .ter: Comparison with Presence-
Absence Techniques” (Edberg et al.),
Applied and Environmental Microbi-
ology, Volume 55, pp. 1003—1008, April
1989. (Note: The Autoanalysis Colilert
System is an MMO-MUG test). If the
MMO- MUG test Is total coliform-posi-
tive after a 24-hour incubation, test t ie
medium for fluorescence with a 366-nm
ultraviolet light (preferably with a 6-
watt lamp) in the dark. If fluorescence
is observed, the sample is E. coil-posi-
tive. If fluorescence is questionable
(cannot be definitively read) after 24
hours incubation, incubate the culture
for an additional four hours (but not to
exceed 28 hours total), and again test
the medium for fluorescence. The
MMO-MUG Test with hepes buffer in
lieu of phosphate buffer is the only ap-
proved formulation for the detection of
E. coil.
(7) As an option to paragraph
(f)(6)(iii) of this section, a system with
a total coliform-positive, Mt]G-nega-
tive, MMO—MUG test may further ana- -
lyze the culture for the presence of E.
coil by transferring a 0.1 ml, 28-hour
MMO-MUG culture to EC Medium +
MUG with a pipet. The formulation and
incubation conditions of EC Medium +
MUG, and observation of the results
are described in paragraph (f)(6)(i) of
this section.
(8) The following materials are incor-
porated by reference in this section
with the approval of the Director of the
Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies
of the analytical methods cited in
Standard Methods for the Examination of
Water and Wastewater may be obtained
from the American Public Health Asso-
ciation et al.; 1015 Fifteenth Street,
NW.; Washington, DC 20005. Copies of
the methods set forth in Microbiological
Methods for Monitoring the Environment,
Water and Wastes may be obtained from
ORD Publications, U.S. EPA, 26 W.
Martin Luther King Drive, Cincinnati,
Ohio 45268. Copies of the MMO—MTJG
Test as set forth in the article “Na-
tional Field Evaluation of a Defined
Substrate Method for the Simulta-
neous Enumeration of Total Coliforms
and Escherichia coil from Drinking
Water: Comparison with the Standard
Multiple Tube Fermentation Method”
(Edberg et al.) may be obtained from
the American Water Works Association
Research Foundation, 6666 West Quincy
Avenue, Denver, CO 80235. Copies may
be inspected at EPA’s Drinking Water
Docket; 401 M Street. SW.: Washington,
-------
Environmental Protection Agency
§ 141.22
DC 20460, or at the Office of the Federal
Register; 800 North Capitol Street,
NW., suite 700, Washington, DC.
(g) Response to violation. (1) A public
water system which has exceeded the
MCL for total coliforms in §141.63 must
report the violation to the State no
later than the end of the next business
day after it learns of the violation, and
notify the public in accordance with
§ 141.32.
(2) A public water system which has
failed to comply with a coliform mon-
itoring requirement, including the san-
itary survey requirement, must report
the monitoring violation to the State
within ten days after the system dis-
covers the violation, and notify the
iiublic in accordance with § 141.32.
[ 54 FR 27562. June 29, 1989, as amended at 54
FR 30001, July 17, 1989; 55 FR 25064, June 19,
1990; 56 FR 642, Jan. 8. 1991; 57 FR 1852, Jan.
15, 1992; 57 FR 24747, June 10, 1992]
§ 141.22 Turbidity sampling and ana-
lytical requirements.
The requirements in this section
apply to unfiltered systems until De-
cember 30, 1991, unless the State has
determined prior to that date, in writ-
ing pursuant to section 1412(b)(7)(iii),
that filtration is required. The require-
ments in this section apply to filtered
systems until June 29, 1993. The re-
quirements in this section apply to
unfiltered systems that the State has
determined, in writing pursuant to sec-
tion 1412(b)(7)(C)(ili), must install fil-
tration, until June 29, 1993, or until fil-
tration is installed, whichever is later.
(a) Samples shall be taken by suppli-
ers of water for both community and
non-community water systems at a
representative entry point(s) to the
water distribution system at least once
per day, for the purposes of making
turbidity measurements to determine
compliance with § 141.13. If the State
determines that a reduced sampling
frequency in a non-community will not
pose a risk to public health, it can re-
duce the required sampling frequency.
The option of reducing the turbidity
freque cy shall be permitted only in
those public water systems that prac-
tice disinfection and which maintain
an active residual disinfectant in the
distribution system, and in those cases
where the State has indicated in writ-
ing that no unreasonable risk to health
existed under the circumstances of this
option. The turbidity measurements
shall be made by the Nephelometric
Method in accordance with the rec-
ommendations set forth in “Standard
Methods for Examination of Water and
Wastewater,” American Public Health
AssocIation, 14th EdItion, pp. 132—134;
or “Methods of Chemical Analysis of
Water and Wastes,” EPA Environ-
mental Monitoring and Support Lab-
oratory, March 1979, Method 180.1—
Nephelometric Method. Calibration of
the turbidimeter shall be made either
by the use of a formazin standard as
specified in the cited references or a
styrene divinylbenzene polymer stand-
ard (Amco-AEPA-1 Polymer) commer-
cially available from Amco Standards
International, Inc., 230 Polaris Avenue,
No. C, Mountain View, California 94043.
(b) If the result of a turbidity analy-
sis indicates that the maximum allow-
able limit has been exceeded, the sam-
pling and measurement shall be con-
firmed by resampling as soon as prac-
ticable and preferably within one hour.
If the repeat sample confirms that the
maximum allowable limit has been ex-
ceeded, the supplier of water shall re-
port to the State within 48 hours. The
repeat sample shall be the sample used
for the purpose of calculating the
monthly average. If the monthly aver-
age of the daily samples exceeds the
maximum allowable limit, or If the av-
erage of two samples taken on consecu-
tIve days exceeds 5 TU, the supplier of
water shall report to the State and no-
tify the public as directed in § 141.31
and 141.32.
(c) Sampling for non-community
water systems shall begin within two
years after the effective date of this
part.
(d) The requirements of this §141.22
shall apply only to public water sys-
tems which use water obtained in
whole or in part from surface sources.
(e) The State has the authority to de-
termine compliance or initiate enforce-
ment action based upon analytical re-
sults or other information compiled by
(.Q7
-------
their sanctioned representatives and
agencies.
[ 40 FR .. 59570, Dec. 24, 19’75, as amended at 45
FR 57344, Aug. 27, 1980; 47 FR 8998, Mar. 3,
1982; 47 FR 10998, Mar. 12. 1982; 54 FR 27527,
June 29, 1989]
§ 141.23 Inorganic chemical sampling
and analytical requirements.
Community water systems shall con-
duct monitoring to determine compli-
ance with the maximum contaminant
levels specified In §141.62 in accordance
with this section. Non-transient, non-
community water systems shall con-
duct monitoring to determine compli-
ance with the maximum contaminant
levels specified in § 141.62 in accordance
with this section. Transient, non-com-
munity water systems shall conduct
monitoring to determine compliance
with the nitrate and nitrite maximum
contaminant levels in § 141.11 and
§ 141.62 (as appropriate) in accordance
with this section.
(a) Monitoring shall be conducted as
follows:
(1) Groundwater systems shall take a
minimum of one sample at every entry
point to the distribution system which
is representative of each well after
treatment (hereafter called a sampling
point) beginning in the initial compli-
ance period. The system shall take
each sample at the same sampling
point unless conditions make another
sampling point more representative of
each source or treatment plant.
(2) Surface water systems shall take
a minimum of one sample at every
entry point to the distribution system
after any application of treatment or
In the distribution system at a point
which is representative of each source
after treatment (hereafter called a
sampling point) beginning in the In!-
tial compliance period. Th system
shall take each sample at the same
sampling point unless conditions make
another sampling point more rep-
resentative of each source or treatment
plant.
No’rE: For purposes of this paragraph, sur-
face water systems include systems with a
combination of surface and ground sources.
(3) If a system draws water from
more than one source and the sources
are combined before distribution, the
system must sample at an entry point
to the distribution system during per!-
ods of normal operating conditions
(i.e., when water is representative of
all sources being used).
(4) The State may reduce the total
number of samples which must be
analyzed by allowing the use of
compositing. Composite samples from
a maximum of five samples are al-
lowed, provided that the detection
limit of the method used for analysis is
less than one-fifth of the MCL.
Compositing of samples must be done
in the laboratory.
(i) If the concentration in the com-
posite sample is greater than or equal
to one-fifth of the MCL of any inor-
ganic chemical, then a follow-up sam-
ple must be taken within 14 days at
each sampling point included In the
composite. These samples must be aria-
lyzed for the contaminants which ex-
ceeded one-fifth of the MCL in the
composite sample. Detection limits for
each analytical method and MCLs for
each inorganic contaminant are the
following:
DETECTION LIMITS FOR fNORGANIC CONTAMINANTS
0.003
00008
0.0004
0.001
0.01 MFL
0.002
0.1
0.002 (0.001)
0 0002
000002
0.0003
0.0003
00001
0001
( L
Contaminant
MOL (rngfl)
Methodology
Detection limit
(mgA)
Antimony
Asbestos
Banum
Bet)lIIum
Cadmium
0 006
7MFL’
2
0 004
0.005
Atomic Absorption; Furnace
Atomic Absorption; Platlorm
ICP-Mass Spectrornetry
Hydnde-Atomic Absoption
Transmission Electron Microscopy
Atomic Absorption; furnace technique
Atomic Absorption; direct aspiration
Inductively Coupled Plasma
Atomic Absorption. Furnace
Atomic Absorption. Platform
Inductively Coupled Plasma 2 ... ..
ICP-Mass Speclronietry
Atomic Absorption, furnace technique
Inductively Coupled Plasma . . ...
-------
Environmental Protection Agency
DETECTION LIMITS FOR INORGANIC CONTAMINANTS—Continued
§ 141 .23
Contaminant
MCL (mg/i)
Methodology
Det 7 li ) limit
Chromium
0.1
AtOmic Absorption: furnace technique
Inductively Coupled Plasma
0.001
0.007 (0.001)
Cyanide
0.2
Distillation. Spectrophotometnc 3 .
Distillation. Automated. Spectropholometric 3 .
Distillation. Selective Electrode 3
Distillation, Amenable, Spectrophotometnc 4
0 02
0 005
0.05
0.02
Mercury
0 002
Manual Cold Vapor Technique
Automated Cold Vapor Technique
0.0002
0.0002
Nickel
0.1
Atomic Absorption; Furnace
Atomic Absorption; Platform ...
0.001
0.0006
Nitrate ..
10 (as N)..
1 (as N) ....
Inductively Coupled Plasma 2
ICP-Mass
0.005
0.0005
0.01
0.01
0.05
1
0.01
0.01
0.05
0.01
0.004
Manual Cadmium Reduction
Automated Hydrazine Reduction
Automated Cadmium Reduction
Ion Selective Electrode ..
Ion Chromatography
Spectrophotometric
Reduction
Manual Cadmium Reduction ...
Ion Chromatography ....
Selenium .. ..
0.05
Atomic Absorption; furnace ..
0.002
Thallium
0.002
Atomic Absorption; gaseous hydride
Atomic Furnace
0.002
0.001
00007
0.0003
.. ....
Atomic Absorption; Platform
ICP-Mass Spectrometry
MFL — million fibers per liter >10 rim.
2 Using a 2X preconcentration step as noted in Method 200.7. Lower MDLs may be achieved when using a 4X
preconcentration.
3 Soreening method for total cyanides.
4 Me sures iree” cyanides.
6 Lower MDL.s are reported using stabilized temperature graphite furnace atomic absorption.
(ii) If the population served by the
system is >3,300 persons, then.
compositing may only be permitted by
the State at sampling points within a
single system. In systems serving 3,300
persons, the State may permit
compositing among different systems
provided the 5-sample limit is main-
tained.
(iii) If duplicates of the original sam-
ple taken from each sampling point
used in the composite are available,
the system may use these instead of
resampling. The duplicates must be
analyzed and the results reported to
the State within 14 days of collection.
(5) The frequency of monitoring for
asbestos shall be in accordance with
paragraph (b) of this section: the fre-
quency of monitoring for antimony,
barium, beryllium, cadmium, chro-
mium, cyanide, fluoride, mercury,
nickel, selenium and thallium shall be
in accordance with paragraph (C) of
this section; the frequency of monitor-
ing for nitrate shall be in accordance
with paragraph (d) of this section; and
the frequency of monitoring for nitrite
shall be in accordance with paragraph’
(e) of this section.
(b) The frequency of monitoring con-
ducted to determine compliance with
the maximum contaminant level for
asbestos specified in § 141.62(b) shall be
conducted as follows:
(1) Each community and non-tran-
sient, non-community water system is
required to monitor for asbestos during
the first three-year compliance period
of each nine-year compliance cycle be-
ginning in the compliance period start-
ing January 1, 1993.
(2) If the system believes it is not
vulnerable to either asbestos contami-
nation in its source water or due to
corrosion of asbestos-cement pipe, or
both, it may apply to the State for a
waiver of the monitoring requirement
in paragraph (b)(1) of this section. If
the State grants the waiver, the sys-
tem is not required to monitor.
(3) The State may grant a waiver
based on a consideration of the follow-
ing factors:
(I) Potential asbestos contamination
of the water source, and
( /75
-------
(ii) The use of asbestos-cement pipe
for finished water distribution and the
corrosive nature of the water.
(4) A waiver remains in effect until
the completion of the three-year com-
pliance period. Systems not receiving a
waiver must monitor in accordance
with the provisions of paragraph (b)(1)
of this section.
(5) A system vulnerable to asbestos
contamination due solely to corrosion
of asbestos-cement pipe shall take one
sample at a tap served by asbestos-ce-
ment pipe and under conditions where
asbestos contamination is most likely
to occur.
(6) A system vulnerable to asbestos
contamination due solely to source
water shall monitor in accordance with
the provision of paragraph (a) of this
section.
(7) A system vulnerable to asbestos
contamination due both to its source
water supply and corrosion of asbestos-
cement pipe shall take one sample at a
tap served by asbestos-cement pipe and
under conditions where asbestos con-
tamination is most likely to occur.
(8) A system which exceeds the maxi-
mum contaminant levels as determined
in §141.23(i) of this section shall mon-
itor quarterly beginning in the next
quarter after the violation occurred.
(9) The State may decrease the quar-
terly monitoring requirement to the
frequency specified in paragraph (b)(l)
of this section provided the State has
determined that the system is reliably
and consistently below the maximum
contaminant level. In no case can a
State make this determination unless
a groundwater system takes a mini-
mum of two quarterly samples and a
surface (or combined surface/ground)
water system takes a minimum of four
quarterly samples.
(10) If monitoring data collected after
January 1, 1990 are generally consist-
ent with the requirements of § 141.23(b),
then the State may allow systems to
use that data to satisfy the monitoring
requirement for the initial compliance
period beginning January 1, 1993.
(c) The frequency of monitoring con-
ducted to determine compliance with
the maximum contaminant levels in
§ 141.62 for antimony, barium, beryl-
hum, cadmium, chromium, cyanide,
fluoride, mercury, nickel, selenium and
thallium shall be as follows:
(1) Groundwater systems shall take
one sample at each sampling point dur-
ing each compliance period. Surface
water systems (or combined surface/
ground) shall take one sample annually
at each sampling point.
(2) The system may apply to the
State f r a waiver from the monitoring
frequencies specified in paragraph (c)(1)
of this section. States may grant a
public water system a waiver for mon-
itoring of cyanide, provided that the
State determines that the system is
not vulnerable due to lack of any in-
dustrial source of cyanide.
(3) A condition of the waiver shall re-
quire that a system shall take a mini-
mum of one sample while the waiver is
effective. The term during which the
waiver is effective shall not exceed one
compliance cycle (i.e., nine years).
(4) The State may grant a waiver pro-
vided surface water systems have mon-
itored annually for at least three years
and groundwater systems have con-
ducted a minimum of three rounds of
monitoring. (At least one sample shall
have been taken since January 1, 1990).
Both surface and groundwater systems
shall demonstrate that all previous an-
alytical results were less than the max-
imum contaminant level. Systems that
use a new water source are not eligible
for a waiver until three rounds of mon-
itoring from the new source have been
completed.
(5) In determining the appropriate re-
duced monitoring frequency, the State
shall consider:
(i) Reported concentrations from all
previous monitoring;
(Ii) The degree of variation in re-
ported concentrations; and
(iii) Other factors which may affect
contaminant concentrations such as
changes in groundwater pumping rates,
changes in the system’s configuration,
changes in the system’s operating pro-
cedures, or changes in stream flows or
characteristics.
(6) A decision by the State to grant a
waiver shall be made in writing and
shall set forth the basis for the deter-
mination. The determination may be
initiated by the State or upon an appli-
cation by the public water system. The
public water system shall specify the
-------
Environmental Protection Agency
§ 41.23
basis for its request. The State shall
review and, where appropriate, revise
its determination of the appropriate
monitoring frequency when the system
submits new monitoring data or when
other data relevant to the system’s ap-
propriate monitoring frequency be-
come available.
(7) Systems which exceed the maxi-
mum contaminant levels as calculated
in §141.23(1) of this section shall mon-
itor quarterly beginning in the next
quarter after the violation occurred.
(8) The State may decrease the quar-
terly monitoring requirement to the
frequencies specified in paragraphs
(c)(1) and (c)(2) of this section provided
it has determined that the system is
reliably and consistently below the
maximum contaminant level. In no
case can a State make this determina-
tion unless a groundwater system
takes a minimum of two quarterly
samples and a surface water system
takes a minimum of four quarterly
samples.
(d) All public water systems (commu-
nity; non-transient, non-community;
and transient, non-community sys-
tems) shall monitor to determine com-
pliance with the maximum contami-
nant level for nitrate in § 141.62.
(1) CommunIty and non-transient,
non-community water systems served
by groundwater systems shall monitor
annually beginning January 1, 1993;
systems served by surface water shall
monitor quarterly beginning January
1, 1993.
(2) For community and non-tran-
sient, non-community water systems,
the repeat monitoring frequency for
groundwater systems shall be quar-
terly for at least one year following
any one sample in which the con-
centration is 50 percent of the MCL.
The State may allow a groundwater
system to reduce the sampling fre-
quency to annually after four consecu-
tive quarterly samples are reliably and
consistently less than the MCL.
(3) For community and non-tran-
sient, non-community water systems,
the State may allow a surface water
system to reduce the sampling fre-
quency to annually if all analytical re-
suits from four consecutive quarters
are <50 percent of the MCL. A surface
water system shall return to quarterly
monitoring if any one sample Is 50
percent of the MCL.
(4) Each transient non-community
water system shall monitor annually
beginning January 1, 1993.
(5) After the initial round of quar-
terly sampling is completed, each com-
munity and non-transient non-commu-
nity system which is monitoring annu-
ally shall take subsequent samples dur-
ing the quarter(s) which previously re-
sulted in the highest analytical result.
(e) All public water systems (commu-
nity; non-transient, non-community;
and transient, non-community sys-
tems) shall monitor to determine com-
pliance with the maximum contami-
nant level for nitrite in § 141.62(b).
(1) All public ,water systems shall
take one sample at each sampling
point In the compliance period begin-
ning January 1, 1993 and ending Decem-
ber 31, 1995.
(2) After the initial sample, systems
where an analytical result for nitrite is
<50 percent of the MCL. shall monitor
at the frequency specified by the State.
(3) For community, non-transient,
non-community, and transient non-
community water systems, th repeat
monitoring frequency for any water
system shall be quarterly for at least
one year following any one sample In
which the concentration is 50 percent
of the MCL. The State may allow a sys-
bern to reduce the sampling frequency
to annually after determining the sy-
tern is reliably and consistently less
than the MCL.
(4) Systems which are monitoring an-
nually shall take each subsequent sam-
ple during the quarter(s) which pre-
viously resulted in the highest analyt-
ical result.
(U Confirmation samples:
(1) Where the results of sampling for
asbestos, antimony, barium, beryllium,
cadmium, chromium, cyanide, fluoride,
mercury, nickel, selenium or thallium
indicate an exceedance of the maxi-
mum contaminant level, the State may
require that one additional sample be
collected as soon as possible after the
initial sample was taken (but not to
exceed two weeks) at the same sam-
pling point.
(2) Where nitrate or nitrite sampling
results indicate an exceedance of the
maximum contaminant level, the sys-
-------
.—, I
., ‘—I l I I. I l — I L 1III%lI I
tern shall take a confirmation sample
within 24 hours of the system’s receipt
‘f notification of the analytical results
of the first sample. Systems unable to
comply with the 24-hour sampling re-
quirement must Immediately notify
the consumers served by the area
served by the public water system in
accordance with §141.32. Systems exer-
cising this option must take and ana-
lyze a confirmation sample within two
weeks of notification of the analytical
results of the first sample.
(3) If a State-required confirmation
sample is taken for any contaminant,
then the results of the initial and
confirmation sample shall be averaged.
The resulting average shall be used to
determine the system’s compliance In
accordance with paragraph (1) of this
section. States have the discretion to
delete results of obvious sampling er-
rors.
(g) The State may require more fre-
quent monitoring than specified In
paragraphs (b), (C), (d) and (e) of this
section or may require confirmation
samples for positive and negative re-
mits at its discretion.
(h) Systems may apply to the State
to conduct, more frequent monitoring
than the minimum monitoring fre-
quencies specified in this section.
(i) Compliance with § 141.11 or
141.62(b) (as appropriate) shall be deter-
mined based on the analytical result(s)
obtained at each sampling point.
(1) For systems which are conducting
monitoring at a frequency greater than
annual, compliance with the maximum
contaminant levels for antimony, as-
bestos, barium, beryllium, cadmium,
chromium, cyanide, fluoride, mercury,
nickel, selenium or thallium is deter-
mined by a running annual average at
any sampling point. If the average at
any sampling point is greater than the
MCL, then the system is out of compli-
ance. If any one sample would cause
the annual average to be exceeded,
then the system Is out of compliance
immediately. Any sample below the
method detection limit shall be cal-
culated at zero for the purpose of deter-
mining the annual average.
(2) For systems which are monitoring
annually, or less frequently, the sys-
tem is out of compliance with the max-
imum contaminant levels for asbestos,
antimony, barium, beryllium, cad-
mium, chromium, cyanide, fluoride,
mercury, nickel, selenium or thallium
if the level of a contaminant at any
sampling point is greater than the
MCL. If a confirmation sample is re-
quired by the State, the determination
of compliance will be based on the av-
erage of the two samples.
(3) Compliance with the maximum
contaminant levels for nitrate and ni-
trate is determined based on one sam-
ple if the levels of these contaminants
are below the MCLs. If the levels of ni-
trate andlor nitrite exceed the MCLs in
the initial sample, a confirmation sam-
ple is required in accordance with para-
graph (0(2) of this section, and compli-
ance shall be determined based on the
average of the initial and confirmation
samples.
(4) If a public water system has a dis-
tribution system separable from other
parts of the distribution system with
no interconnections, the State may
allow the system to give public notice
to only the area served by that portion
of the system which is out of compli-
ance.
I D ?
-------
SS 1V11’• —. • — ••I I S t •
(j) ‘Each public water system shall (1) AnalysIs for the listed inorganic
monitor at the time designated by the contaminants shall be conducted using
State during each compliance period, the following methods:
(k) Inorganic analysis:
-------
Contaminant Methodology EPA 1.3, 12 ASTM 2 SM 3 USGS 4 Other
Antimony Atomic Absorption; Furnace ’ ‘204.2 3113
AtomIc Absorption, Platform ’ ‘200.9
ICP-Mass Spectrometry ’ ‘200.8
Hydnde-Atomtc Absorption’ D—3697—87
Asbestos .. Transmission Electron Microscopy ‘ 2 EPA
Banurn Atomic Absorption, Furnace 6 ‘208.2 31138
Atomic Absorption; Direct 6 ‘208.1 3111D
Inductively Coupled Plasma ’ ‘200.7 3120
Bery tium Atomic Absorption; Furnace 6 ‘210.2 D—3645—84B 3113
Atomic Absorption; Platform ’ ‘200.9
Inductively Coupled Plasma’ — ‘200.7 3120
ICP-Mass Spectrometry ’ ‘200.8
Cadmium Atomic Absorption, Furnace ’ ‘213.2 31138
Inductively Coupled Plasma’ ‘200.7
Chromium Atomic Absorption; Furnace’ ‘218.2 31138
Inductively Coupled Plasma’ ‘200.7 3120
Cyanide . Distillation, Scec ‘335.2 D—2036—89A 4500-.CN—O 1330085
Distillation, Automated, Spec ‘335 3 4500—CN—E
Distillation, Selective Electrode O—2036—89A 4500-.CN—F
Distillation, Amenable. Spec ‘335.1 0—2036—895 4500-CN—G
Mercury . Manual Cold Vapor Technique ’ ‘245.1 03223—86 31128
Automated Cold Vapor TechnIque’ ‘245.2
Nickel ... Atomic Absorption; Fumace ’ ‘249.2 3113
Atomic Absorption; Platform 6 ‘200.9
Atomic Absorption, Direct 6 i24g1 31115
Inductively Coupled Plasma ’ -. ‘200.7 3120
ICP-Mass Spectromnetry ’ ‘200.8
Nitrate .. Manual Cadmium Reduction ‘353.3 03867—90 4500—N0 3 —E
Automated Hydrazine Reduction ‘353.1
Automated Cadmium Reduction ‘353.2 03867—90 4500-4’JO,—F
ton Selective Electrode WeWWG/5880 7
Ion Chromatography “300.0 5—1011’
Nitnte Spectophometric ‘354.1
Automated Cadmium Reduction ‘353.2 03867-90 4500-NOr-F
Manual Cadmium Reduction ‘353.3 03867—90 4500-N0—E
Ion Chromatography “3000 5-1011 ’
Selenium Hydnde-Atomic Absorption’ .. 03859—84A 31145
Atomic Absorption; Furnace’ 270 03859—88 31135
Thallium Atomic Absorption; Furnace’ ‘279.2 3113
Atomic Absorption; Platform 6 ‘200.9
ICP-Mass Spectrometry ‘ ‘2008 _____________ _____________
‘“Methods of Chemical Analysis of Water and Wastes.” EPA Environmental Monitonng Systems l.aboratory, CincinnatI, OH 45268 March 1983. EPA—600/4—79—020.
‘Annual Book of ASTM Standards, Vots. 11.01 and 11.02, 1991, American Society :or Testing and Matenals, 1916 Race Street, Philadelphia, PA 19103.
“Standard Methods for the Examination of Waler and Wastewater,” 17th ed’on, American Public Health Association, Amencan Water Works Association. Water Pollution Control Fed-
C.- eration, 1989.
‘Techniques of Water Resources Investigations of the U.S. Geological Survey, “Methods for Determination of Inorganic Substances in Water and Fluvial Sediments,” Book 5, Chapter A—
1, Third Edition, 1989. Available at Supenntendent of Documents, U.S. Government Pdnting Office, Washington. DC 20402.
“Methods for the Determlnattin of Metals In Environmental Samples.” Available at NTIS, PB 91—231498.
-------
°Sarnples that contain less than 1 NIL) (nephelometrfC turbidity unit) and are property preserved (conc HNO 3 to pH ) may be analyzed directly (without digestion) for total metals, other- fl
wise. diçestion is required. Turbidity must be nieasured on the preserved samples lust prior to the initiation of metal analysis. When digestion is required, the total recoverable technique
defined in the method must be used.
“Onon Guide to Water and Wastewater Analysis.” Form WeWWGI5B8O. p 5, 1985. Orion Research, Inc. Cambridge. MA
8 ’Waters Test Method for Determination of Nitrite/Nitrate in Water Using Single Column ton Chromatography. Method B—lOll, Millipore Corporation. Waters Chromatography Division, 34
Maple Street Milfcrd. MA 01757.
9 For the gaseous hydride determinations of antimony and selenium and for the determination of mercury by the cold vapor techniques, the proper digestion technique as defined in the c
method must be followed to ensure the element is in the proper state for analyses.
IOAod 2 ml of 30% H 2 0 2 and an appropnate concentration of matrix modifier Ni(NOi)+6H O (nIckel nitrate) to samples.
11 ”Method 300 Determination of Inorganic Anions in Water by Ion Chromatography.” Inorganic Chemistry Branch, Environmental Monitonng Systems Laboratory. August 1991.
2 ”Analylical Method For Determination ol Asbestos Fibers In Water.” EPA—600/4—83--043, September 1983. U.S. EPA Environmental Research Laboratory, Athens, GA 30613.
(
I
-------
(2) Analyses for arsenic shall be con-
ducted using the following methods:
Method’ 206.2, Atomic Absorption
Furnace Technique: or Method’ 206.3,
or Method 4 D2972—BOB, or Method 2
30Th, or Method 3 l—1062--85, Atomic Ab-
sorption—Gaseous Hydride; or Method’
206.4, or Method 4 D—2972--88A, or Meth-
od 2 30Th, Spectrophotome tric, Silver
Diethyl-di thiocarbamate; or Method
200.7A, Inductively Coupled Plasma
Technique 5.
(3) Analyses for fluoride shall be con-
ducted using the following methods:
METHODOLOGY FOR FLUORIDE
Metflodokgy
Referent
e (Method No )‘
EPA2
ASTM’
S W
Other
Cokmmetic SPADNS, with distillation
340.1
D1119-72A
43 A arid C
Potentiometnc ion selective electrode
340.2
01179-726
413 B
Automated Ahzarin fluoride blue, with distillation
340.3
413 £
129_71W8
(cemplexone).
Automated ion selective electrode
360-75WE’
“Methods of Chemical Analysis of Water and Wastes,” EPA Environmental Monitonna and Support l.aboratory, cincinnati,
Quo 45268 (EPA-600!4—79-020), March 1983. Available from ORD Publications, CERI, EPA, Cincinnati, Ohio 45268. For ap-
prcwed analytical procedures for metals, the technique applicable to total metals musl be used.
‘Reservedi
‘Reserved
4 Annual Book of ASTM Standards, pail 31 Water. Ainencan Society for Testing and Malenais. 1916 Race Street, Phiiade-
phia, Pennsylvania 19103.
6 ”Standard Methods for the Examination of Waler and Wastewater, ” 16th Edibon, American Public Health Associalion, Amer-
ican Water Works Association, Water Pollution Control Federation, 1985.
•“Fluonde in Water and Wastewater, lndustnat Method • 129—71W? Technicon industnal Systems, Tarrytown, New York
10591. December 1972.
7 ”Flour.’je in Water and Wastewater,”Technioon tndustnal Sytems, Tarrytown, New York 10591. February 1976.
(4) Sample collection for antimony,
asbestos, barium, beryllium, cadmium,
chromium, cyanide, fluoride, mercury,
nickel, nitrate, nitrite, selenium, and
thallium under this section shall be
conducted using the sample preserva-
tioti, container, and maximum holding
time procedures specified in the table
below:
“Methods of Chemical Analysis of Water
and Wastes,” EPA Environmental Monitor-
ing and Support Laboratory, Cincinnati,
OhIo 45268 (EPA-60014-79-020), March 1979.
Available from ORD Publications, CERI,
EPA, Cincinnati, Ohio 45268. For approved
analytical procedures for metals, the tech-
nique applicable to total metals must be
used.
2 ”Standard Methods for the Examination
of Water 4 and Wastewater,” 16th Edition,
American Public Hea lth Association, Amer-
ican Water Works Association, Water Pollu-
tion Control Federation, 1985.
5 Techniques of Water-Resources Investiga-
tion of the United States Geological Survey,
Chapter A—i, “Methods for Determiantion of
Inorganic Substances In Water and Fluvial
Sediments,” Book 5, 1979. Stock #014-001—
031 17—9. Available from Superintendent of
Documents, U.S. Government Printing Of-
fice, Washington, DC 20402.
4 Book of ASTM Standards, part 31
Water, American Society for Testing and
MaterIals, 1976 Race Street, Philadelphia,
Pennsylvania 19103.
5 Appendlx to Method 200.7, March 1987,
U.S. EPA, Environmental Monitoring Sys-
tems Laboratory, Cincinnati, OH 45268.
A
-------
Contaminant
Preservative’
Antimony .
Asbestos
Banum . .
Beryllium
Cadmium
Chromium
Cyanide
Fluoride
Mercury
Nickel
Nitrate
Ch lonnated
Non -ch lonnated
Nitnte
Selenium
Thallium
Container 2
Time 3
Cone HNO 3 to pH C
Cool. 4°C
Cone HNO, to pH C
Cone HNO, to pH C
Cone HNO 3 to pH C
Cone HNO 3 to pH C
Cool, 4°C, NAOH to pH >124
None
Cone HNO 3 to pH C
Conc HNO 3 to pH C
Cool, 4°C
Conc H,S0 4 to pH C
Cool, 4°C
Conc HNO 3 to pH C
Conc HNO, to pH C
P orG
P orG
P orG
P orG
P orG
P or G
P orG
P orG
P orG
P orG
P orG
P or G
P orG
P orG
P orG
6 months.
6 months.
6 months.
6 months.
6 months.
14 days.
1 month.
28 days.
6 months.
28 days.
14 days.
48 hours.
6 months.
6 months.
rn
-‘
0
B
0
. -
0
- V
0
C,
-0
0
‘ p
(0
0
C,
‘C
Co
a
N
‘If HNO 3 cannot be used because of shipping restrictions, sample may be Initially preserved by icing and immediately shipping it to the laboratory. Upon receipt in the laboratory, the sam-
ple must be acidified with conc HNO 3 to pH C and held for 16 hours before analysis.
2 P—plastic, hard or soft, G —glass. hard or soft.
In all cases, samples should be analyzed as soon after collection as possible.
See method(s) for the informabon for preservation.
t
-------
U -. —
‘J %...‘I 1% l .. .II. I ,I ii’ L JIII II/
(5) AnalysIs under this section shall
only be conducted by laboratories that
have been certified by EPA or the
State. Laboratories may conduct sam-
ple analysis under provisional certifi-
cation until January 1, 1996. To receive
certification to conduct analyses for
antimony, asbestos, barium, beryllium,
cadmium, chromium, cyanide, fluoride,
mercury, nickel, nitrate, nitrite and
selenium and thallium, the laboratory
must:
(i) Analyze Performance Evaluation
samples which include those sub-
stances provided by EPA Environ-
mental Monitoring Systems Labora-
tory or equivalent samples provided by
the State.
(ii) Achieve quantitative results on
the analyses that are within the fol-
lowing acceptance limits:
Contaminant
Acceptance limit
Antimony
6#30 at 0.006 mg/i
Asbestos
2 standard deviations
based
on study statistics
Banum
±15% at 0.15 mg/i
Betylliurn
±15% at 0.00i mg/i
Cadmium
±20% at 0.002 mg/i
Chromium
±15% at 0.0i mg/I
Cyanide
±25% at 0.1 mg/i
Fluoride
±10% at 1 to 10 mg/i
Mercury
±30% at 0.0005 mg/i
Nickel
±15% at 0.0i mg/i
Nitrate
±10% at 0.4 mg/i
Nitnte
±15% at 0.4 mg/I
Selenium
±20% at 0.0i mg/i
Thallium
±30% at O.002 mg/i
(1) Analyses for the purpose of deter-
mining compliance with § 141.11 shall be
conducted using the requirements spec-
ified in paragraphs (1) through (q) of
this section.
(1) Analyses for all community water
systems utilizing surface water sources
shall be completed by June 24, 1978.
These analyses shall be repeated at
yearly intervals.
(2) Analyses for all community water
systems utilizing only ground water
sources shall be completed by June 24,
1979. These analyses shall be repeated
at three-year intervals.
(3) For non-community water sys-
tems, whether supplied by surface or
ground sources, analyses for nitrate
shall b completed by December 24,
1980. These analyses shall be repeated
at intervals determined by the State.
(4) The State has the authority to de-
termine compliance or initiate enforce-
ment action based upon analytical re-
sults and other Information compiled
by their sanctioned representatives and
agencies.
(m) If the result of an analysis made
under paragraph (1) of this section IndI-
cates that the level of any contami-
nant listed in § 141.11 exceeds the maxi-
mum contaminant level, the supplier
of the water shall report to the State
within 7 days and Initiate three addi-
tional analyses at the same sampling
point within one month.
(n) When the average of four analyses
made pursuant to paragraph (m) of this
section, rounded to the same number of
significant figures as the maximum
contaminant level for the substance in
question, exceeds the maximum con-
taminant level, the supplier of water
shall notify the State pursuant to
§ 141.31 and give notice to the public
pursuant to § 141.32. Monitoring after
public notification shall be at a fre-
quency designated by the State and
shall continue until the maximum con-
taminant level has not been exceeded
in two successive samples or until a
monitoring schedule as a condition to a
variance, exemption or enforcement
action shall become effective.
(o) The provisions of paragraphs (m)
and (n) of this section notwithstandin’g,
compliance with the- maximum con-
taminant level for nitrate shall be de-
termined on the basis of the mean of
two analyses. When a level exceeding
the maximum contaminant level for
nitrate is found, a second analysis shall
be initiated within 24 hours, and if the
mean of the two analyses exceeds the
maximum contaminant level, the sup-
plier of water shall report his findings
to the State pursuant to § 141.31 and
shall notify the public pursuant to
§ 141.32.
(p) For the initial analyses required
by paragraph (1) (1), (2) or (3) of this
section, data for surface waters ac-
quired within one year prior to the ef-
fective date and data for ground waters
acquired within 3 years prior to the ef-
fective date of this part may be sub-
stituted at the discretion of the State.
(q) Analyses conducted to determine
compliance with § 141.11 shall be made
in accordance with the following meth-
ods, or their equivalent as determined
by the Administrator.
-------
ci in ’ ui uuiiuiiiui rw eciuon Agency
914124
(1) Arsenic-Method’ 206.2, Atomic
Absorption Furnace Technique; or
Method’ 206.3, or Method 4 D2972—88B or
Method 2 307A, or Method 3 1—1062—85,
Atomic Absorption—Gaseous Hydride;
or Method’ 206.4, or Method 4 D—2972—
88A, or Method 2 307B,
Spectrophotometric, Silver
Diethyldithiocarbamate; or Method 8
200.7, Inductively Coupled Plasma
Technique.
(2) Barium-Method’ 208.1 or Method 2
308, Atomic Absorption—Direct Aspira-
tion; or Method 1 208.2, Atomic Absorp-
tion Furnace Technique; or Method 8
200.7, InductIvely Coupled Plasma
Technique.
(3) Camlum-Method’ 213.1 or Method 4
D 3557—78A - or B, or Method 2 310A,
Atomic Absorption—Direct Aspiration;
or Method 1 213.2 Atomic Absorption
Furnace Technique; or 200.7,
Inductively Coupled Plasma Tech-
nique.
(4) Chromium-Method’ 218.1 or Meth-
od 4 D 1687—77D, or Method 2 312A, Atom-
1’ of Chemical Analysis of Water
and Wastes,” EPA Ennronmental Monitor-
Ing and Support Laboratory, Cincinnati,
Ohio 45268 (EPA-600/4-79-020), March 1983.
Available from ORB Publications, CERI,
EPA. Cincinnati. Ohio 45268. For approved
analytical procedures for metals, the tech-
nique applicable to total metals must be
used.
2 ”Standard Methods for the Examination
of Water and Wastewater.” 16th Edition,
American Public Health Association, Amer-
ican Water Works Association, Water Pollu-
tion Control Federation, 1985.
3 Techniques of Water-Resources Investiga-
tion of the United States Geological Survey,
Chapter A—l, “Methods for Determination of
Inorganic Substances in Water and Fluvial
Sediments,” Book 5. 1979, Stock #024—001—
03177—9. Available from Superintendent of
Documents, U.S. Government Printing Of-
fice, Washington, DC 20402.
Book of ASTM Standards, part 31
Water, American Society for Testing and
Materials, 1976 Race Street, Philadelphia,
Pennsylvania 19103.
5 [ Reserved).
8 ’Lnductlvely Coupled P asma-At omit
Emission Spectrometric Method for Trace
Element Analysis of Water and Wastes—
Method 200.7” with Appendix to Method 200.7
entitled, “Inductively Coupled Plasma-
Atomic Emission Analysis of Drinking
Water.” March 1987. Available from EPA’s
Environmental Monitoring and Support Lab-
oratory, Cincinnati. Ohio 45268.
ic Absorption—Direct Aspiration; or
Chromium-Method’ 218.2 AtomIc Ab-
sorption Furnace Technique; or Meth-
od 8 200,7, Inductively Coupled Plasma
Technique.
(5) Mercury-Method’ 245.1, or Meth-
od 4 D—3223-69, or Method 2 320A, Manual
Cold Vapor Technique; or Method’
245.2, Automated Cold Vapor Tech-
nique.
(6) Nitrate-Method’ 352.1, or Method 4
D—992—7l, or Method’ 353.3, or Method 4
D—3867--79B, or Method 2 418—C, Spec-
trometric, Cadmium Reduction; Meth-
od’ 353.1, Automated Hydrazine Reduc-
tion; or Methcd’ 353.2, or Method 4 D—
3867—79A, or Method 2 418F, Automated
Cadmium Reduction.
(7) Selenium-Method’ 270.2, Atomic
Absorption Furnace Technique; or
Method’ 270.3; or Method 3 1—1667—85, or
Method 4 D—3859—79, or Method 2 30SF,
Hydride Generation—Atomic Absorp-
tion Spectrophotometry.
(8) Lead-Method’ 239.1 or Method 4
D3559—78A or B, or Method 2 301—A U or
I I I, pp. 148—152, Atomic Absorption—Di-
rect Aspiration; or Method’ 239.2,
Atomic Absorption Furnace Technique;
or Method 8 200.7, Inductiveb ? Coupled
Plasma Technique.
[ 56 FR 3579, Jan. 30, 1991, as amended at 56
FR 30274, July 1, 1991; 57 PR 31838, July 17,
1992; 59 FR 34322, July 1, 1994]
§ 141.24 Organic chemicals other than
total trihalomethanes, sampling
and analytical requirements.
(a)—(e) (Reserved]
(I) Beginning with the initial compli-
ance period, analysis of the contami-
nants listed in § 141.61(a) (1) through
(21) for the purpose of determining
compliance with the maximum con-
taminant level shall be conducted as
follows:
(1) Groundwater systems shall take a
minimum of one sample at every entry
point to the distribution system which
is representative of each well after
treatment (hereafter called a sampling
point). Each sample must be taken at
the same sampling point unless condi-
tions make another sampling point
more representative of each source,
treatment plant, or within the dis-
tribution system.
(2) Surface water systems (or com-
bined surface/ground) shall take a m m-
-------
Imum of one sample at points in the
distribution system that are represent-
tive of each source or at each entry
oint to the distribution system after
treatment (hereafter called a sampling
point). Each sample must be taken at
the same sampling point unless condi-
tions make another sampling point
more representative of each source,
treatment plant, or within the dis-
tribution system.
(3) If the system draws water from
more than one source and. the sources
are combined before distribution, the
system must sample at an entry point
to the distribution system during peri-
ods of normal operating conditions
(i.e., when water representative of all
sources is being used).
(4) Each community and non-tran-
sient non-community water system
shall take four consecutive quarterly
samples for each contaminant listed in
§ 141.61(a) (2) through (21) during each
compliance period, beginning in the
initial compliance period.
(5) If the initial monitoring for con-
taminants listed in § 141.61(a) (1)
through (8) and the monitoring for the
ontaminants listed in § 141.61(a) (9)
through (21) as allowed in paragraph
(0(18) has been completed by December
31, 1992, and the system did not detect
any contaminant listed in § 141.61(a) (1)
through (21), then each ground and sur-
face water system shall take one sam-
ple annually beginning with the initial
compliance period.
(6) After a minimum of three years of
annual sampling, the State may allow
groundwater systems with no previous
detection of any contaiminant listed in
§ 141.61(a) to take one sample during
each compliance period.
(7) Each community and non-tran-
sient non-community ground water
system which does not detect a con-
taminant listed in § 141.61(a) (1)
through (21) may apply to the State for
a waiver from the requirements of
paragraphs (0(5) and (0(6) of this sec-
tion after completing the Initial mon-
itoring. (For purposes of this section,
detection is defined as O.0005 mgfl.) A
waiver s all be effective for no more
than six years (two compliance peri-
ods). States may also issue waivers to
small systems for the initial round of
monitoring for 1,2,4-trichlorobenzene.
(8) A State may grant a waiver after
evaluating the following factor(s):
(I) Knowledge of previous use (Includ-
ing transport, storage, or disposal) of
the contaminant within the watershed
or zone of influence of the system. If a
determination by the State reveals no
previous use of the contaminant within
the watershed or zone of influence, a
waiver may be granted.
(ii) If previous use of the contami-
nant is unknown or it has been used
previously, then the following factors
shall be used to determine whether a
waiver is granted.
(A) Previous analytical results.
(B) The proximity of the system to a
potential point or non-point source of
contamination. Point sources include
spills and leaks of chemicals at or near
a water treatment facility or at manu-
facturing, distribution, or storage fa-
cilities, or from hazardous and munici-
pal waste landfills and other waste
handling or treatment facilities.
(C) The environmental persistence
and transport of the contaminants.
(D) The number of persons served by
the public water system and the prox-
imity of a smaller system to a larger
system.
(E) How well the water source is pro-
tected against contamination, such as
whether it is a surface or groundwater
system. Groundwater systems must
consider factors such as depth of the
well, the type of soil, and welthead pro-
tection. Surface water systems must
consider watershed protection.
(9) As a condition of the waiver a
groundwater system must take one
sample at each sampling point during
the time the waiver is effective (i.e.,
one sample during two compliance pe-
riods or six years) and update its vul-
nerability assessment considering the
factors listed in paragraph (0(8) of this
section. Based on this vulnerability as-
sessment the State must reconfirm
that the system Is non-vulnerable. If
the State does not make, this recon-
firmation within three years of the ini-
tial determination, then the waiver is
invalidated and the system is required
to sample annually as specified in
paragraph (5) of this section.
(10) Each community and non-tran-
sient non-community surface water
system which does not detect a con-
(9%
-------
uIVuIVtIIuI sIIui ruuu t.iiuiu i- s n . y
taminant listed in §141,61(a) (1)
through (21) may apply to the State for
a waiver from the requirements of (fl(5)
of this section after completing the ini-
tial monitoring. Composite samples
from a maximum of five sampling
points are allowed, provided that the
detection limit of the method used for
analysis is less than one-fifth of the
MCL. Systems meeting this criterion
must be determined by the State to be
non-vulnerable based on a vulner-
ability assessment during each compli-
ance period. Each system receiving a
waiver shall sample at the frequency
specified by the State (if any).
(11) II a contaminant listed in
§ 141.61(a) (2) through (21) is detected at
a level exceeding 0.0005 mg/i in any
sample, then:
(I) The system must monitor quar-
terly at each sampling point which re-
sulted in a detection.
(ii) The State may decrease the quar-
terly monitoring requirement sped
fled in paragraph (f)(11)(i) of this sec-
tion provided it has determined that
the system is reliably and consistently
below the maximum contaminant
level. In no case shall the State make
this determination unless a ground-
water system takes a minimum of two
quarterly samples and a surface water
system takes a minimum of four quar-
terly samples.
(ill) LI the State determines that the
system Is reliably and consistently
below the MCL, the State may allow
the system to monitor annually. Sys-
tems which monitor annually must
monitor during the quarter(s) which
previously yielded the highest analyt-
ical result.
(iv) Systems which have three con-
secutive annual samples with no detec-
tion of a contaminant may apply to the
State for a waiver as specified in para-
graph (f)(7) of this section.
(v) Groundwater systems which have
detected one or more of the following
two-carbon organic compounds:
triehioroethylene, tetrachioroethylene,
1,2-dichiorOethane, 1,1,1-
trichioroethane, cis-1,2-
dichlor ,ethylene, trans-1,2-
dichioroethylene, or 1,1-
dichi oroe thylene shall monitor quar-
terly for vinyl chloride. A vinyl chlo-
ride sample shall be taken at each sam-
pling point at which one or more of the
two-carbon organic compounds was de-
tected. If the results of the first analy-
sis do not detect vinyl chloride, the
State may reduce the quarterly mon-
itoring frequency of vinyl chloride
monitoring to one sample during each
compliance period. Surface water sys-
tems are required to monitor for vinyl
chloride as specified by the State.
(12) Systems which violate the re-
quirements of § 141.61(a) (1) through
(21), as determined by paragraph (0(15)
of this section, must monitor quar-
terly. After a minimum of four con-
secutive quarterly samples which show
the system is in compliance as speci-
fied in paragraph (fl(15) of this section
the system and the State determines
that the system is reliably and consist-
ently below the maximum contaminant
level, the system may monitor at the
frequency and times specified in para-
graph (f)(11)(iii) of this section.
(13) The State may require a con-
firmation sample for positive or nega-
tive results. If a confirmation sample is
required by the State, the result must
be averaged with the first s nplirig re-
sult and the average is used for the
compliance determination as specified
by paragraph (fl(15). States have discre-
tion to delete results of obvious sam-
pling errors from this calculation.
(14) The State may reduce the total
number of samples a system must ana-
lyze by allowing the use of
compositing. Composite samples from
a maximum of five sampling points are
allowed, provided that the detection
limit of the method used for analysis is
less than one-fifth of the MCL.
Compositing of samples must be done
in the laboratory and analyzed within
14 days of sample collection.
(i) If the concentration in the com-
posite sample is greater than or equal
to 0.0005 mg/i for any contaminant list-
ed in § 141.61(a), then a follow-up sam-
ple must be taken within 14 days at
each sampling point included in the
composite, and be analyzed for that
contaminant.
(ii) If duplicates of the original sam-
ple taken from each sampling point
used in the composite are available,
the system may use these instead of
resampling. The duplicate must be ana-
-------
lyzed and the results reported to the
State wIthin 14 days of collection.
(lii) If the population served by the
system Is > 3,300 persons, then
compositing may only be permitted by
the State at sampling points within a
single system. In systems serving
3,300 persons, the State may permit
compositing among different systems
provided the 5-sample limit Is main-
tained.
(lv) Compositing samples prior to GC
analysis.
(A) Add 5 ml or equal larger amounts
of each sample (up to 5 samples are al-
lowed) to a 25 ml glass syringe. Special
precautions must be made to maintain
zero headspace in the syringe.
(B) The samples must be cooled at
4°C durIng this step to minimize vola-
tilization losses.
(C) Mix well and draw out a 5-ml ali-
quot for analysis.
(D) Follow sample introduction,
purging, and desorption steps described
in the method.
(E) If less than five samples are used
for compositing, a proportionately
small syringe may be used.
(v) Compositing samples prior to GC/
MS analysis.
(A) Inject 5-mi or equal larger
amounts of each aqueous sample (up to
5 samples are allowed) into a 25—ml
purging device using the sample intro-
duction technique described in the
method.
(B) The total volume of the sample in
the purging device must be 25 ml.
(C) Purge and desorb as described In
the method.
(15) Compliance with §141.61(a) (1)
through (21) shall be determined based
on the analytical results obtained at
each sampling point.
(1) For systems which are conducting
monitoring at a frequency greater than
annual, compliance is determined by a
running annual average of all samples
taken at each sampling point. If the
annual average of any sampling point
Is greater than the MCL, then the sys-
tem is out of compliance. If the initial
sample or a subsequent sample would
cause the annual average to be ex-
ceedeci’, then the system is out of com-
pliance immediately.
(ii) If monitoring is conducted annu-
ally, or less frequently, the system is
out of compliance If the level of a con-
taminant at any sampling point is
greater than the MCL. If a confirma-
tion sample Is required by the State,
the determination of compliance will
be based on the average of two samples.
(iii) If a public water system has a
distribution system separable from
other parts of the distribution system
with no interconnections, the State
may allow the system to give public
notice to only that area served by that
portion of the system which is out of
compliance.
(16) Analysis for the contaminants
listed In § 141.61(a) (1) through (21) shall
be conducted using the following EPA
methods or their equivalent as ap-
proved by EPA. These methods are con-
tained in Methods for the Determina-
tion of Organic Compounds In Drinking
Water, EPA/600/4—881039, December 1988,
Revised July 1991 and are available
from the National Technical Informa-
tion Service (NTIS) NTIS PB91—231480
and PB91-146027, U.S. Department of
Commerce, 5285 Port Royal Road,
Springfield, Virginia 22161. The toll-
free number Is 800—553—6847.
(I) Method 502.1, “Volatile Halo-
genated Organic Chemicals in Water by
Purge and Trap Gas Chromatography.”
(ii) Method 502.2, “Volatile Organic
Compounds in Water by Purge and
Trap Capillary Column Ga Chroma-
tography with Photoionization and
Electrolytic Conductivity Detectors in
Series.”
(Iii) Method 503.1, “Volatile Aromatic
and Unsaturated Organic Compounds
in Water by Purge and Trap Gas Chro-
matography.”
(iv) Method 524.1, “Measurement of
Purgeable Organic Compounds in
Water by Purged Column Gas Chroma-
tography/Mass Spectrometry.”
(v) Method 524.2, “Measurement of
Purgeable Organic Compounds in
Water by Capillary Column Gas Chro-
matography/Mass Spectrometry.”
(17) Analysis under this section shall
only be conducted by laboratories that
are certified by EPA or the State ac-
cording to the following conditions
(laboratories may conduct sample
analysis under provisional certification
until January 1, 1996):
(i) To receive certification to conduct
analyses for the contaminants in
-------
_. In. _. I u .. .. I I I •eS* #II fl aI I%
§141.61(a) (2) through (21) the la.bora-
tory must:
(A) Analyze Performance Evaluation
samples which include these substances
provided by EPA Environmental Mon-
itoring Systems Laboratory or equiva-
lent samples provided by the State.
(B) Achieve the quantitative accept-
ance limits under paragraphs (f)(17)(i)
(C) and (D) of this section for at least
80 percent of the regulated organic
chemicals listed in § 141.61(a) (2)
through (21).
(C) Achieve quantitative results on
the analyses performed under para-
graph (f)(17)(i)(A) of this section that
are within ±20% of the actual amount
of the substances in the Performance
Evaluation sample when the actual
amount is greater than or equal to 0.010
mg/i.
(D) Achieve quantitative results on
the analyses performed under para-
graph (f)(17)(i)(A) of this section that
are within ±40 percent of the actual
amount of the substances in the Per-
formance Evaluation sample when the
actual amount is less than 0.010 mg/i.
(E) Achieve a method detection limit
of 0.0005 mgil, according to the proce-
dures in Appendix B of Part 136.
(ii) To receive certification for vinyl
chloride, the laboratory must:
(A) Analyze Performance Evaluation
samples provided by EPA Environ-
mental Monitoring Systems Labora-
tory or equivalent samples provided by
the State.
(B) Achieve quantitative results on
the analyses performed under para-
graph (f)(17)(ii)(A) of this section that
are within ±40 percent of the actual
amount of vinyl chloride in the Per-
formance Evaluation sample.
(C) Achieve a method detection limit
of 0.0005 mg/i, according to the proce-
dures in appendix B of part 136.
(D) Obtain certification for the con-
taminants listed in § 141.61(a)(2)
through (21).
(18) States may allow the use of mon-
itoring data collected after January 1,
1988, required under section 1445 of the
Act for purposes of initial monitoring
compliance. If the data are generally
consistent with the other requirements
of this section, the State may use these
data (i.e., a single sample rather than
four quarterly samples) to satisfy the
Initial monitoring requirement of para-
graph (f)(4) of this section. Systems
which use grandfathered samples and
did not detect any contaminant listed
§141.61(a)(2) through (21) shall begin
monitoring annually in accordance
with paragraph (0(5) of this section be-
ginning with the initial compliance pe-
riod.
(19) States may increase required
monitoring where necessary to detect
variations within the system.
(20) Each certified laboratory must
determine the method detection limit
(MDL), as defined in appendix B to part
136, at which it is capable of detecting
VOCs. The acceptable MDL is 0.0005
mg/i. This concentration is the detec-
tion concentration for purposes of this
section.
(21) Each public water system shall
monitor at the time designated by the
State within each compliance period.
(g) (Reserved)
(h) Analysis of the contaminants list-
ed in § 141.61(c) for the purposes of de-
termining compliance with the maxi-
mum contaminant level shall be con-
ducted as follows: 7
(1) Groundwater systems shall take a
minimum of one sample at every entry
point to the distribution system which
is representative of each well after
treatment (hereafter called a sampling
point). Each sample must be taken at
the same sampling point unless condi-
tions make another sampling point
more representative of each source or
treatment plant.
(2) Surface water systems shall take
a minimum of one sample at points in
the distribution system that are rep-
resentative of each source or at each
entry point to the distribution system
after treatment (hereafter called a
sampling point). Each sample must be
taken at the same sampling point un-
less conditions make another sampling
point more representative of each
source or treatment plant.
NOTE: For purposes of this paragraph,
surface water systems include systems
with a combination of surface and
ground sources.
7 Monltoring for the contaminants
aldicarb. aldicarb sulfoxide, and aldlcarb
sulfone shall be conducted in accordance
with § 141.40.
-------
(3) If the system draws water from
more than one source and the sources
are combined before distribution, the
system must sample at an entry point
to the distribution system during pen-
ode of normal operating conditions
(I.e., when water representative of all
sources Is being used).
4) Monitoring frequency:
(i) Each community and non-tran-
sient non-community water system
shall take four consecutive quarterly
samples for each contaminant listed in
§ 141.61(c) durIng each compliance pe-
riod beginning with the initial compli-
ance period.
(ii) Systems serving more than 3,300
persons which do not detect a contami-
nant in the initial compliance period
may reduce the sampling frequency to
a minimum of two quarterly samples in
one year during each repeat compli-
ance period.
(111) Sy8tems serving less than or
equal to 3,300 persons which do not de-
tect a contaminant in the initial com-
pliance period may reduce the sam-
pling frequency to a minimum of one
sample during each repeat compliance
period.
(5) Each community and non-tran-
sient water system may apply to the
State for a waiver from the require-
ment of paragraph (hX4) of this sec-
tion. A system must reapply for a
waiver for each compliance period.
(6) A State may grant a waiver after
evaluating the following factor(s):
Knowledge of previous use (including
transport, storage, or disposal) of the
contaminant within the watershed or
zone of influence of the system. If a de-
termination by the State reveals no
previous use of the contaminant within
the watershed or zone of influence, a
waiver may be granted. If previous use
of the contaminant is unknown or It
has been used previously, then the fol-
lowing factors shall be used to deter-
mine whether a waiver is granted.
(1) Previous analytical results.
(Ii) The proximity of the system to a
potential point or non-point source of
contamination. Point sources Include
spills and leaks of chemicals at or near
a water’ treatment facility or at manu-
facturing, distribution, or storage fa-
cilities, or from hazardous and munici-
pal waste landfills and other waste
handling or treatment facilities. Non-
point sources include the use of pes-
ticides to control Insect and weed pests
on agricultural areas, forest lands,
home and gardens, and other land ap-
plication uses.
(iii) The environmental persistence
and transport of the pesticide or PCBs.
(iv) How well the water source is pro-
tected against contamination due to
such factors as depth of the well and
the type of soil and the Integrity of the
well casing.
(v) Elevated nitrate levels at the
water supply source.
(vi) Use of PCBs In equipment used in
the production, storage, or distribution
of water (i.e., PCBS used in pumps,
transformers, etc.).
(7) If an organic contaminant listed
in §141.61(c) Is detected (as defined by
paragraph (h)(18) of this section) in any
sample, then:
(I) Each system must monitor quar-
terly at each sampling point which re-
sulted in a detection.
(ii) The State may decrease the quar-
terly monitoring requirement specified
in paragraph (h)(7)(1) of this section
provided it has determined that the
system Is reliably and consistently
below the maximum contaminant
level. In no case shall the State make
this determination unless a ground-
water system takes a minimum of two
quarterly samples and a surface water
system takes a minimum of four quar-
terly samples.
(iii) After the State determines the
system is reliably and consistently
below the maximum contaminant level
the State may allow the system to
monitor annually. Systems which mon-
itor annually must monitor during the
quarter that previously yielded the
highest analytical result.
(iv) Systems which have 3 consecu-
tive annual samples with no detection
of a contaminant may apply to the
State for a waiver as specified in para-
graph (h)(6) of this section.
(v) If monitoring results in detection
of one or more of certain related con-
taminants (aldicarb, aldicarb sulfone,
aldicarb sulfoxide and heptachior, hep-
tachior epoxide), then subsequent mon-
itoring shall analyze for all related
contaminants.
-------
Environmental rroTecnon Agency
(8) Systems which violate the re-
quirements of § 141.61(c) as determined
by paragraph (h)(11) of this section
must monitor quarterly. After a mini-
mum of four quarterly samples show
the system Is In compliance and the
State determines the system is reliably
and consistently below the MCL, as
specified in paragraph (h)(11) of this
section, the system shall monitor at
the frequency specified in paragraph
(h)(7)(iIi) of this section.
(9) The State may require a con-
firmation sample for positive or nega-
tive results. If a confirmation sample is
required by the State, the result must
be averaged with the first sampling re-
sult and the average used for . the com-
pliance determination as specified by
paragraph (h)(11) of this section. States
have discretion to delete results of ob-
vious sampling errors from this cal-
culation.
(10) The State may reduce the total
number of samples a system must ana-
lyze by allowing the use of
compositing. Composite samples from
a maximum of five sampling points are
- allowed, provided that the detection
limit of the method used for analysis is
less than one-fifth of the MCL.
Compositing of samples must be done
in the laboratory and analyzed within
14 days of sample collection.
(i) If the concentration in the com-
posite sample detects one or more con-
taminants listed in § 141.61(c), then a
follow-up sample must be taken within
14 days at each sampling point included
in the composite, and be analyzed for
that contaminant.
(ii) If duplicates of the original sam-
ple taken from each sampling point
used in the composite are available,
the system may use these duplicates
instead of resampling. The duplicate
must be analyzed and the results re-
ported to the State within 14 days of
collection.
(iii) If the population served by the
system is >3,300 persons, then
compositing may only be permitted by
the State at sampling points within a
single system. In systems serving
3,300 persons, the State may permit
compositing among different systems
provided the 5-sample limit is main-
tained.
(11) ComplIance with § 141.61(c) shall
be determined based on the analytical
results obtained at each sampling
point.
(I) For systems which are conducting
monitoring at a frequency greater than
annual, compliance Is determined by a•
running annual average of all samples
taken at each sampling point. If the
annual average of any sampling point
is greater than the MCL, then the sys-
tem is out of compliance. If the initial
sample or a subsequent sample would
cause the annual average to be ex-
ceeded, then the system is out of com-
pliance immediately. Any samples
below the detection limit shall be cal-
culated as zero for purposes of deter-
mining the annual average.
(ii) If monitoring is conducted annu-
ally, or less frequently, the system is
out of compliance if the level of a con-
taminant at any sampling point Is
greater than the MCL. If a confirma-
tion sample is required by the State,
the determination of compliance will
be based on the average of two samples.
(iii) If a public water system has a
distribution system separable from
other parts of the distribution system
with no interconnections, the State
may allow the system to give public
notice to only that portion of the sys-
tem which is out of compliance.
(12) Analysis for the contaminants
listed in § 141.61(c) and for endrin in
§ 141.12(a) shall be conducted using the
following EPA methods or their equiv-
alent as approved by EPA. These meth-
ods are contained In “Methods for the
Determination of Organic Compounds
In Drinking Water,” EPAJ600I4—88/039,
December 1988, Revised July 1991 and in
“Methods for the Determination of Or-
ganic Compounds in Drinking Water—
Supplement I”, EPA/600/4—90/020, July
1990, and “Supplement II”, EPA1600/R—
92/129, August 1992, Environmental
Monitoring Systems Laboratory, Cin-
cinnati, OH 45268. These documents are
available from the National Technical
Information Service (NTIS) NTIS
PB91—231480, PB91—146027 and PB92—
207703, U.S. Department of Commerce,
5285 Port Royal Road, Springfield, Vir-
ginia 22161. The NTIS toll-free number
is 1—800—553—6847.
(i) Method 504, “1,2-Dibromoethane
(EDB) and 1,2-Dibromo-3-chlorOpropane
qj
-------
141.24
40 CFR Ch. I (7—1—94 Edition)
(DBCP) In Water by Microextraction
and Gas Chromatography.” Method 504
can be used to measure dibromochloro-
propane (DBCP) and ethylene
dibromide (EDB).
(ii) Method 505, “AnalysIs of
Organohalide Pesticides and Commer-
cial Polychiorinated Biphenyl Prod-
ucts (Aroclors) in Water by
Mlcroextraction and Gas Chroma-
tography.” Method 505 can be used to
measure alachior, atrazine, ohiordane,
endrin, heptachior, heptachlor epoxide,
hexachlorobenzene,
hexachiorocyclopentadiene, lindane,
meth oxychior, toxaphene and simasine.
Method 505 can be used as a screen for
PCBs.
(Ill) Method 507, “Determination of
Nitrogen- and Phosphorus-Containing
Pesticides in Ground Water by Gas
Chromatography with a Nitrogen-Phos-
phorus Detector.” Method 507 can be
used to measure alachior, atrazine and
simazine.
(Iv) Method 508, “Determination of
Chlorinated Pesticides In Water by Gas
Chromatography with an Electron Cap-
ture Detector.” Method 508 can be used
to measure chlordane, endrin, hepta-
chlor, heptachior epoxide,
hexachlorobenzene, lindane,
methoxychi or and toxaphene. Method
508 can be used as a screen for PCBs.
(v) Method 508A, “Screening for Poly-
chlorinated Biphenyls by
Perchlorlnation and Gas Chroma-
tography.” Method 508A is used to
quantitate PCBs as decachlorobiphenyl
If detected in Method 505 or 508.
(vi) Method 515.1, “Determination of
Chlorinated Acids in Water by Gas
Chromatography with an Electron Cap-
ture Detector.” Method 515.1 can be
used to measure 2,4-D, dalapon,
dinoseb, pentachiorophenol, picloram
and 2,4,5-TP (Silvex).
(vii) Method 525.1, “Determination of
Organic Compounds in Drinking Water
by Liquid-Solid Extraction and Cap-
illary Column Gas Chromatography/
Mass Spectrometry.” Method 525.1 can
be used to measure alachior, atrazine,
chiordane, di(2-ethylhexyl)adipate,
di(2-etltylhexyl)phthalate, endrin, hep-
tachior, heptachior epoxide,
hexachlorobenzene,
hexachiorocyclopentadiene, lindane,
methoxychior, pentachiorphenol,
polynuclear aromatic hydrocarbons,
simazine, and toxaphene.
(viii) Method 531.1, “Measurement of
N-Methyl Carbamoyloximes and N-
Methyl Carbamates in Water by Direct
Aqueous Injection HPLC with Post-
Column Derivatizatlon.” Method 531.1
can be used to measure aldicarb,
aldicarb sulfoxide, aldicarb sulfone,
carbofuran and oxamyl.
(ix) Method 1613, “Tetra- through
Octa- Chlorinated Dioxins and Furans
by Isotope Dilution.” Method 1613 can
be used to measure 2,3,7,8-TCDD
(dioxin). This method Is available from
USEPA-OST, Sample Control Center,
P.O. Box 1407, AlexandrIa, VA 22313.
(x) Method 547, “Analysis of
Glyphosate in Drinking Water by Di-
rect Aqueous Injection HPLC with
Post-Column Derivatization” Method
547 can be used to measure glyphosate.
(xi) Method 548, “DeterminatIon of
Endothall in Aqueous Samples.” Meth-
od 548 can be used to measure
endothall.
(xii) Method 549, “Determiná.tion of
Diquat and Paraquat In Drinking
Water by High Performance Liquid
Chromatography with Ultraviolet D e-
tection.” Method 549 can be used to
measure diquat.
(xiii) Method 550, “Determination of
Polycyclic Aromatic Hydrocarbons in
Drinking Water by Liquid-Liquid Ex-
traction and HPLC with Coupled Ultra-
violet and Fluorescence Detection”.
Method 550 can be used to measure
benzo(a)pyrene and other polynuclear
aromatic hydrocarbons.
(xiv) Method 550.1, “Determination of
Polycyclic Aromatic Hydrocarbons in
Drinking Water by Liquid-Solid Ex-
traction and I PLC with Coupled Ultra-
violet and Fluorescence Detection”.
Method 550.1 can be used to measure
benzo(a)pyrene and other polynuclear
aromatic hydrocarbons.
(xv) Method 506, “Determination of
Phtbalate and Adipate Esters in Drink-
ing Water by Liquid-Liquid Extraction
or Liquid-Solid Extraction and Gas
Chromatography with Photoionization
Detection.” Method 506 can be used to
measure di(2-ethylhexyl) adipate and
di(2-ethylhexyl) phthalate.
(13) Analysis for PCBs shall be con-
ducted as follows:
-------
• . —.. — ,
a •—‘ s
(i) Each system which monitors for
PCBs shall analyze each sample using
either Method 505 or Method 508 (see
paragraph (h)(12) of this section).
(ii) If PCBs (as one of seven Aroclors)
are detected (as designated in this
paragraph) In any sample analyzed
using Method 505 or 508, the system
shall reanalyze the sample using Meth-
od 508A to quantitate PCBs (as
decachiorobiphenyl).
°‘
Detection
limit (mgi)
1016
122 1 ..
1232
0.00008
0.02
0.0005
0.0003
0.0001
00001
0.0002
1242 -
1248
1254
1260
(iii) Compliance with the PCB MCL
shall be determined based upon the
quantitative results of analyses using
Method 508A.
(14) If monitoring data collected after
January 1, ‘1990, are generally consist-
ent with the requirements of § 141.24(h),
then the State may allow systems to
use that data to satisfy the monitoring
requirement for the initial compliance
period beginning January 1, 1993.
(15) The State may increase the re-
quired monitoring frequency, where
necessary, to detect variations within
the system (e.g., fluctuations in con-
centration due to seasonal use, changes
in water source).
(16) The State has the authority to
determine compliance or initiate en-
forcement action based upon analytical
results and other Information compiled
by their sanctioned representatives and
agencies.
(17) Each public water system shall
monitor at the time designated by the
State within each compliance period.
(18) Detection as used in this para-
graph shall be defined as greater than
or equal to the following concentra-
tions for each contaminant.
Contaminant
Detection
limit (mg / i)
,
%.euntaminant
Detection
limit (mg/i)
Datapon
001
Dibromoctitoropropane (DBCP)
.00032
Di (2-euiylhexyt) adipate
0006
Di (2-ethylhexyt) plithatate
.0006
Dinoseb
0002
Diquat
0004
2 ,4-1)
.0001
Endothall
.009
Endnn
00001
Ethylene dibromide (EDB)
00001
Glyphosate
006
Heptach lor
00004
Heptachior opoxide
Hexachlorobenzene
00002
0001
Hexachtorocyclopentadiene
0001
Lindane
00002
Methoxychior
0001
Oxamy l
002
Picloram -
0001
Polychiorinated biphenyls (PcBs) (as
decach lorobiphenyl )
0001
Pentach lorophenol
00004
Simazune
00007
Toxaphene
001
2.37.8-TCDO (Dioxin)
.000000005
2.45-TP (Silvex)
0002
(19) Anaylsis under this section shall
only be conducted by laboratories that
have received certification by EPA or
the State and have met the following
conditions:
(i) To receive certification to conduct
analyses for the contaminants in
§ 141.61(c) the laboratory must:
(A) Analyze Performance Evaluation
samples which include those sub-
stances provided by EPA Environ-
mental Monitoring and Support Lab-
oratory or equivalent samples provided
by the State.
(B) Achieve quantitative results on
the analyses that are within the fol-
lowing acceptance limits:
Contaminant
Acceptance limits (percent)
DBCP
EDB
Alaci , For
Atrazine
Benio [ a lpyrene
Carbofuran
Ch lordane
Dalapon
Ou(2.ethylhexy l)adipate
Di(2.ethy lhexyl)phthatate
Dinoseb
Diquat
Endothall
Endnn
Glyphosate
Heptach lor
Heptach lor epoxide
Hexachlorobenzefle
Hexachtoro- cyclcpentadiene
Undane
Methoxych ior
Alachlor
Aldicarb
Aidicath suttaxide
Aldicait sulfone
Atrazine
8enzo(a jpyrene
Caiboturan
Ch lordane
±40
±40.
±45.
±45.
2 standard deviations.
±45.
±45.
2 standard deviations
2 standard deviations
2 standard deviations.
2 standard deviations.
2 standard deviations
2 standard deviations
±30.
2 standard deviations
±45.
±45.
2 standard deviations
2 standard deviations
±45.
±45.
.0002
0005
0005
.0008
0001
.00002
0009
0002
-------
flij I 1 % ‘ii. S %f i7’ CiJ 1ISUSS ,
Contaminant Acceptance limits (percent)
Oxamyl .
2 standard deviations.
PCBs (as
0—200.
Decachiorobiphenyt )
Picloram
2 standard deviations
Simazine
2 standard deviations
Toxaphene
±45.
Aldicarb
2 standard deviations
Aldicarb sutloxide
2 standard deviations
Aldicait sultone
2 standard deviations.
Pentachiorophenol
±50.
2,3,7,8-TCDD (Dioxin)
2 standard deviations.
2,4-D
±50.
2.4,5-TP (Siivex)
±50.
(ii) [ Reserved)
(Approved by the Office of Management and
Budget under control number 2040-0090)
(40 FR 59570, Dec. 24. 1975. as amended at 44
FR 68641, Nov. 29, 1979; 45 FR 57345, Aug. 27,
1980; 47 FR 10998, Mar. 12, 1982; 52 FR 25712,
July 8, 1987; 53 FR 5147, Feb. 19, 1988; 53 FR
25110, July 1, 1988; 56 FR 3583, Jan. 30, 1991; 56
FR 30277, July 1, 1991; 57 FR 22178, May 27,
1992; 57 FR 31841, July 17, 1992; 59 FR 34323,
July 1, 1994]
§ 141.25 Analytical methods for radio-
activity.
(a) The methods specified in Interim
Radiochemical Methodology for Drinlczng
Water, Environmental Monitoring and
Support Laboratory, EPA-600/4—75-008,
IJSEPA, Cincinnati, Ohio 45268, or
those listed below, are to be used to de-
termine compliance with § 141.15 and
141.16 (radioactivity) except in cases
where alternative methods have been
approved in accordance with § 141.27.
(1) Gross Alpha and Betar—Method 302
“Gross Alpha and Beta Radioactivity
in Water” Standard Methods for the Ex-
amination of Water and Wastewater, 13th
Edition, American Public Health Asso-
ciation, New York, NY., 1971.
(2) Total Radium—Method 304 “Ra-
dium In Water by Precipitation” Ibid.
(3) Radlum-226-—Method 305 “Ra-
dlum-226 by Radon in Water” Ibid.
(4) Strontium-89,90 — Method 303
“Total Strontium and Strontium—90 in
Water” mid.
(5) Tritlum—Method 306 “Tritlum in
Water” Ibid.
(6) Cesium-134 — ASTM D—2459
“Gamma Spectrometry in Water,” 1975
Annual Book of ASTM Standards, Water
and Atmospherzc Analysis, Part 31,
American Society for Testing and Ma-
terials, Philadelphia, PA. (1975).
(7) Uranium—ASTM D-2907
“Microquantities of Uranium in Water
by Fluorometry,” Ibid.
(b) When the Identification and meas-
urement of radionuclides other than
those listed in paragraph (a) of this
section is required, the following ref-
erences are to be used, except In cases
where alternative methods have been
approved in accordance with §141.27.
(1) Procedures for Radiochemical Anal-
ysis of Nuclear Reactor Aqueous Solu-
tions, H. L. Krieger and S. Gold, EPA—
R4—73-014. USEPA, Cincinnati, Ohio,
May 1973.
(2) HASL Procedure Manual, Edited by
John H. Harley. HASL 300, ERDA
Health and Safety Laboratory, New
York, NY., 1973.
(c) For the purpose of monitoring ra-
thoactivity concentrations in drinking
water, the required sensitivity of the
radioanalysls is defined in terms of a
detection limit. The detection limit
shall be that concentration which can
be counted with a precision of plus or
minus 100 percent at the 95 percent
confidence level (1.96c, where a is the
standard deviation of the net tounting
rate of the sample).
(1) To determine compliance with
§ 141.15(a) the detection limit shall not
exceed 1 pCiIl. To determine compli-
ance with § 141.15(b) the detection limit
shall not exceed 3 pCi / i.
(2) To deteI’inlne compliance with
§ 141.16 the detection limits shall not
exceed the concentrations listed in
Table B.
TABLE B—DETECTION LtMrrS FOR MAN-MADE
BETA PARTICLE AND PHOTON EMI TrERS
Radionuclide
Detection limit
Tntium
1,000 pCi /i.
Strontium—89
10 pcili.
Strontium—90
2 pCiIl.
Iodine—I 31 ......
1 pCi/I.
Cesium— i 34
10 pCi/ i.
Gross beta
4 pCi/ i.
Other radionuclides
‘hoot the applicable linid.
(d) To judge compliance with the
maximum contaminant levels listed In
§ 141.l5 and 141.16, averages of data
shall be used and shall be rounded to
the same number of significant figures
as the maximum contaminant level for
the substance in question.
(e) The State has the authority to de-
termine compliance or initiate enforce-
ment action based upon analytical re-
sults or other information compiled by
-------
tnvuronrneiiiui rruiuciiuii ,‘ yuuit.y
their 8anctloned representatives and
agencies.
(41 FR 28404, July 9, 1976, as amended at 45
FR 57345, Aug. 27. 1980]
$141.26 Monitoring frequency for ra-
dioactivity in community water sys-
tems.
(a) Monitoring requirements for gross
alpha particle activity, radlum-226 and
radium-228.
(1) Initial sampling to determine
compliance with § 141.15 shall begin
within two years of the effective date
of these regulations and the analysis
shall be completed within three years
of the effective date of these regula-
tions. Compliance shall be ‘based on the
analysis of an annual composite of four
consecutive quarterly samples or the
average of the analyses of four samples
obtained at quarterly Intervals.
(I) A gross alpha particle activity
measurement may be substituted for
the required radium-226 and radlum-228
analysis Provided, That the measured
gross alpha particle activity does not
exceed 5 pCi/i at a confidence level of
95 percent (1.65a where o is the stand-
ard deviation of the net counting rate
of the sample). In localities where ra-
dium-228 may be present in drinking
water, It Is recommended that the
State require radium—226 and/or ra-
dium-228 analyses when the gross alpha
particle activity exceeds 2 pCI/i.
(ii) When the gross alpha particle ac-
tivity exceeds 5 pClJi, the same or an
equivalent sample shall be analyzed for
radlum—226. If the concentration of ra-
thum-226 exceeds 3 pCI/i the same or an
equivalent sample shall be analyzed for
rad lum-228.
(2) For the initial analysis required
by paragraph (a)(1) of this section, data
acquired within one year prior to the
effective date of this part may be sub-
stituted at the discretion of the State.
(3) Suppliers of water shall monitor
at least once every four years following
the procedure required by paragraph
(a)(1) of this section. At the discretion
of the State, when an annual record
taken in conformance with paragraph
(a)(1) of 1 this section has established
that- the average annual concentration
is less than half the maximum con-
taminant levels established by § 141.15,
analysis of a single sample may be sub-
stituted for the quarterly sampling
procedure required by paragraph (a)(1)
of this section.
(1) More frequent monitoring shall be
conducted when ordered by the State
In the vicinity of mining or other oper-
ations which may contribute alpha par-
ticle radioactivity to either surface or
ground water sources of drinking
water.
(ii) A supplier of water shall monitor
in conformance with paragraph (a)(1) of
this section within one year of the in-
troduction of a new water source for a
community water system. More fre-
quent monitoring shall be conducted
when ordered by the State in the event
of possible contamination or when
changes in the distribution system or
treatment processing occur which may
Increase the concentration of radio-
activity in finished water.
(iii) A community water system
using two or more sources having dif-
ferent concentrations of radioactivity
shall monitor source water, in addition
to water from, a free-flowing tap, when
ordered by the State.
(iv) Monitoring for compliance with
§ 141.15 after the initial period need not
include radium-228 except when re-
quired by the State, Provided, That the
average annual concentration of ra-
dlum-228 has been assayed at least
once using the quarterly sampling pro-S
cedure required by 1 paragraph (a)(i) of
this section.
(v) Suppliers of water shall conduct
annual monitoring of any community
water system In which the radium-226
concentration exceeds 3 pCI/i, when or-
dered by the State.
(4) If the average annual maximum
contaminant level for gross alpha par-
ticle activity or total radium as set
forth In § 141.15 is exceeded, the sup-
plier of a community water system
shall give notice to the State pursuant
to § 141.31 and notify the public as re-
quired by § 141.32. Monitoring at quar-
terly intervals shall be continued until
the annual average concentration no
longer exceeds the maximum contami-
nant level or until a monitoring sched-
ule as a condition to a variance, ex-
emption or enforcement action shall
become effective.
( 0 q5
-------
‘eU ‘...ric ‘,..fl. I /—I—V4 auTIon)
(b) Monitoring requirements for man-
made radioactivity in community
water systems.
(I) Within two years of the effective
date of this part, systems using surface
water sources and serving more than
100,000 persons and such other commu-
nity water systems as are designated
by the State shall be monitored for
compliance with §141.16 by analysis of
a composite of four consecutive quar-
terly samples or analysis of four quar-
terly samples. Compliance with § 141.16
may be assumed without further analy-
sis if the average annual concentration
of gross beta particle acti rity is less
than 50 pCIJl and if the average annual
concentrations of tritiuxn and stron-
tium—90 are less than those listed in
Table A, Provãded, That if both radio-
nuclides are present the sum of their
annual dose equivalents to bone mar-
row shall not exceed 4 milliremlyear.
(I) If the gross beta particle activity
exceeds 50 pClJl, an analysis of the
sample must be performed to identify
the major radioactive constituents
present and the appropriate organ and
total body doses shall be calculated to
determine compliance with § 141.16.
(ii) Suppliers of water shall conduct
additional monitoring, as ordered by
the State, to determine the concentra-
tion of man-made radioactivity in prin-
cipal watersheds designated by the
State.
(iii) At the discretion of the State,
suppliers of water utilizing only ground
waters may be required to monitor for
man-made radioactivity.
(2) For the initial analysis required
by paragraph (b)(1) of this section data
acquired within one year prior to the
effective date of this part may be sub-
stituted at the discretion of the State.
(3) After the initial analysis required
by paragraph (b)(].) of this section sup-
pliers of water shall monitor at least
every four years following the proce-
dure given in paragraph (b)(1) of this
section.
(4) Within two years of the effective
date of these regulations the supplier
of any community water system des-
Ignated by the State as utilizing wa-
ters contaminated by effluents from
nuclear facilities shall initiate quar-
terly monitoring for gross beta particle
and lodine-131 radioactivity and annual
monitoring for strontlum-90 and tnt-
lum.
(1) Quarterly monitoring for gross
beta particle activity shall be based on
the analysis of monthly samples or the
analysis of a composite of three month-
ly samples. The former is rec-
onimended. If the gross beta particle
activity in a sample exceeds 15 pCIJ1,
the same or an equivalent sample shall
be analyzed for strontium-89 and Ce-
slum—134. If the gross beta particle ac-
tivity exceeds 50 pCI/i, an analysis of
the sample must be performed to Iden-
tify the major radioactive constituents
present and the appropriate organ and
total body doses shall be calculated to
determine compliance with § 141.16.
(ii) For iocUne—131, a composite of
five consecutive daily samples shall be
analyzed once each quarter. As ordered
by the State, more frequent monitor-
ing shall be conducted when iodine-131
is identified In the finished water.
(iii) Annual monitoring for stron-
tlum-90 and tnitlum shall be conducted
by means of the analysis of a compos-
ite of four consecutive quarterly sam-
pies or analysis of four quarterly sam-
ples. The latter procedure is rec-
omm ended.
(iv) The State may allow the substi-
tution of environmental surveillance
data taken In conjunction with a nu-
clear facility for direct monitoring of
manmade radioactivity by the supplier
of water where the State determines
such data Is applicable to a particular
community water system.
(5) If the average annual maximum
contaminant level for man-made radio-
activity set forth in § 141.16 is exceeded,
the operator of a community water
system shall give notice to the State
pursuant to § 141.31 and to the public as
required by § 141.32. Monitoring at
monthly intervals shall be continued
until the concentration no longer ex-
ceeds the maximum contaminant level
or until a monitoring schedule as a
condition to a variance, exemption or
enforcement action shall become effec-
tive.
(41 FR 28404. July 9, 1916]
§ 141.27 Alternate analytical
niques.
tech-
(a) With the written permission of
the State, concurred in by the Admin- /L7 9 C.
-------
tnvlronmwiiui rivi .iivui i y i i y
Istrator of the U.S. EPA, an alternate
analytical technique may be employed.
An alternate technique shall be accept-
ed only if it is substantially equivalent
to the prescribed test in both precision
and accuracy as it relates to the deter-
mination of compliance with any MCL.
The use of the alternate analytical
technique shall not decrease the fre-
quency of monitoring required by this
part..
(45 FR 57345, Aug. 27, 1980]
§ 141.28 Certified laboratories.
(a) For the purpose of determining
compliance with § 141.21 through
141.27, 141.41 and 141.42, samples may be
considered only if they have been ana-
lyzed by a laboratory certified by the
State except that measurements for
turbidity, free chlorine residual, tem-
perature and pH may be performed by
any person acceptable to the State.
(b) Nothing in this part shall be con-
strued to preclude the State or any
duly designated representative of the
State from taking samples or from
using the results from such samples to
determine compliance by a supplier of
water with the applicable requirements
of this part.
(45 FR 57345. Aug. 27, 1980; 47 FR 10999, Mar.
12, 1982, as amended at 59 FR 34323, July 1,
1994]
§ 141.29 Monitoring of consecutive
public water systems.
When a public water system supplies
water to one or more other public
water systems, the State may modify
the monitoring requirements imposed
by this part to the extent that the
interconnection of the systems justi-
fies treating them as a single system
for monitoring purposes. Any modified
monitoring shall be conducted pursu-
ant to a schedule specified by the State
and concurred in by the Administrator
of the U.S. Environmental Protection
Agency.
§ 141.30 Total trihalomethanes sam-
pling, analytical and other require-
ments.
(a) Co’mmunity water system which
serve a population of 10,000 or more in-
dividuals and which add a disinfectant
(oxidant) to the water in any part of
the drinking water treatment process
shall analyze for total trihalomethanes
in accordance with this section. For
systems serving 75,000 or more individ-
uals, sampling and analyses shall begin
not later than 1 year after the date of
promulgation of this regulation. For
systems serving 10,000 to 74,999 individ-
uals, sampling and analyses shall begin
not later than 3 years after the date of
promulgation of this regulation. For
the purpose of this section, the mini-
mum number of samples required to be
taken by the system shall be based on
the number of treatment plants used
by the system, except that multiple
wells drawing raw water from a single
aquifer may, with the State approval,
be considered one treatment plant for
determining the minimum number of
samples. All samples taken within an
established frequency shall be collected
within a 24-hour period.
(b)(1) For all community water sys-
tems utilizing surface water sources in
whole or in part, and for all commu-
nity water systems utilizing only
ground water sources that have not
been determined by the State to qual-
ify for the monitoring requirements of’
paragraph (C) of this section, analyses
for total trihalomethanes shall be per-
formed at quarterly intervals on at
least four water samples for each treat-
ment plant used by the system. At
least 25 percent of the samples shall be
taken at locations within the distribu-
tion system reflecting the maximum
residence time of the water in the sys-
tem. The remaining 75 percent shall be
taken at representative locations in
the distribution system, taking into
account number of persons served, dif-
ferent sources of water and different
treatment methods employed. The re-
sults of all analyses per quarter shall
be arithmetically averaged and re-
ported to the State within 30 days of’
the system’s receipt of such results.
Results shall also be reported to EPA
until such monitoring requirements
have been adopted by the State. All
samples collected shall be used in the
computation of the average, unless the
analytical results are invalidated for
technical reasons. Sampling and analy-
ses shall be conducted in accordance
with the methods listed in paragraph
(e) of this section.
-------
(2) Upon the written request of a
Community water system, the monitor-
ing frequency required by paragraph
(b)(l) of this section may be reduced by
the State to a minimum of one sample
analyzed for TTHMs per quarter taken
at a point in the distribution system
reflecting the maximum residence time
of the water in the system, upon a
written determination by the State
that the data from at least 1 year of
monitoring In accordance with para-
graph (b)(1) of this section and local
conditions demonstrate that total
trihalomethane concentrations will be
consistently below the maximum con-
taminant level.
(3) If at any time during which the
reduced monitoring frequency pre-
scribed under this paragraph applies,
the results from any analysis exceed
0.10 mg/I of TTHMs and such results are
confirmed by at least one check sample
taken promptly after such results are
received, or if the system makes any
significant change to its source of
water or treatment program, the sys-
tem shall immediately begin monitor-
ing in accordance with the require-
ments of paragraph (b)(1) of this sec-
tion, which monitoring shall continue
for at least 1 year before the frequency
may be reduced again. At the option of
the State, a system’s monitoring fre-
quency may and should be increased
above the minimum in those cases
where it is necessary to detect vari-
ations of TTHM levels within the dis-
tribution system.
(c)(1) Upon written request to the
State,a community water system uti-
lizing only ground water sources may
seek to have the monitoring frequency
required by paragraph (b)(1) of this sec-
tion reduced to a minimum of one sam-
ple for maximum TTHM potential per
year for each treatment plant used by
the system taken at,a point in the dis-
tribution system reflecting maximum
residence time of the water in the sys-
tem. The system shall submit to the
State the results of at least one sample
analyzed for maximum TTHM poten-
tial for each treatment plant used by
the system taken at a point In the dis-
tributiôn system reflecting the maxi-
mum residence time of the water In the
system. The system’s monitoring fre-
quency may only be reduced. upon a
written determination by the State
that, based upon the data submitted by
the system, the system has a maximum
TTHM potential of less than 0.10 mg/I
and that, based upon an assessment of
the local conditions of the system, the
system is not likely to approach or ex-
ceed the maximum contaminant level
for total TrHMs. The results of all
analyses shall be reported to the State
within 30 days of the system’s receipt
of such results. Results shall also be re-
ported to EPA until such monitoring
requirements have been adopted by the
State. All samples collected shall be
used for determining whether the sys-
tem must comply with the monitoring
requirements of paragraph (b) of this
section, unless the analytical results
are invalidated for technical reasons.
Sampling and analyses shall be con-
ducted in accordance with the methods
listed in paragraph (e) of this section.
(2) If at any time during which the
reduced monitoring frequency pre-
scribed under paragraph (c)(1) of this
section applIes, the results from any
analysis taken by the system for maxi-
mum TTHM potential are equal to or
greater than 0.10 mg/i, and such results
are confirmed by at least one check
sample taken promptly after such re-
suits are received, the system shall im-
mediately begin monitoring in accord-
ance with the requirements of para-
graph (b) of this section and such mon-
itoring shall continue for at least one
year before the frequency may be re-
duced again. In the event of any sig-
nificant change to the system’s raw
water or treatment program, the sys-
tem shall immediately analyze an addi-
tional sample for maximum TTHM po-
tential taken at a point in the distribu-
tion system reflecting maximum resi-
dence time of the water in the system
for the purpose of determining whether
the system must comply with the mon-
itoring requirements of paragraph (b)
of this section. At the option of the
State, monitoring frequencies may and
should be increased above the mini-
mum in those cases where this is nec-
essary to detect variation of TTHM
levels within the distribution system.
(d) Compliance with § 141.12(c) shall
be determined based on a running an-
nual average of quarterly samples col-
lected by the system as prescribed in
-------
Environmental Protection Agency
I4I. iU
paragraph (b)(1) or (2) of this section. If
the average of samples covering any 12
month period exceeds the Maximum
Contaminant Level, the supplier of
water shall report to the State pursu-
ant to § 141.31 and notify the public pur-
suant to § 141.32. Monitoring after pub-
lic notification shall be at a frequency
designated by the State and shall con-
tinue until a monitoring schedule as a
condition to a variance, exemption or
enforcement action shall become effec-
tive.
(e) Sampling and analyses made pur-
suant to this section shall be con-
ducted by one of the following EPA ap-
proved methods:
(1) “The Analysis of Trihalomethanes
in Drinking Waters by the Purge and
Trap Method,” Method 501.1, EMSL,
EPA Cincinnati, Ohio.
(2) “The Analysis of Trihalomethanes
in Drinking Water by Liquid/Liquid Ex-
traction,” Method 501.2, EMSL, EPA
Cincinnati, Ohio.
(3) “Volatile Organic Compounds in
Water by Purge and Trap Capillary Gas
Chromatography with Photoionlzatlon
and Electrolytic Conductivity Detector
in Series,” Method 502.2, EMSL, EPA,
Cincinnati, Ohio. EPA Method 502.2 is
contained in Methods for the Deter-
mination of Organic Compounds in
Drinking Water, EPAI600/4-881039 (re-
vIsed July 1991).
(4) “Volatile Organic Chemicals In
Water by Purge and Trap Capillary Gas
CbromatographyfMass Spectrometry,”
Method 524.2, EMSL, EPA, Cincinnati,
Ohio. EPA Method 524.2 is contained in
Methods for the Determination of Or-
ganic Compounds In Drinking Water,
EPA/600/4-88/039 (revised July 1991).
For the methods cited in paragraphs
(e)(1) and (e)(2) of this section, see ap-
pendix C to this subpart C. The meth-
ods cited in paragraphs (e)(3) afid (e)(4)
of this section are available from the
National Technical Information Serv-
ice (NTIS), 5285 Port Royal Road,
Springfield, VA 22161 (order number
PB91—231480.) Samples for TTHM shall
be dechlorinated upon collection to
prevent further production of
Trihalomethanes, according to the pro-
cedures described in the above two
methods. Samples for maximum TTHM
potential should not be dechlorinated,
and should be held for seven days at 25°
C (or above) prior to analysis, accord-
ing to the procedures described In the
above two methods.
(f) Before a community water system
makes any significant modifications to
its existing treatment process for the
purposes of achieving compliance with
§ 141.12(c), such system must submit
and obtain State approval of a detailed
plan setting forth its proposed modi-
fication and those safeguards that it
will implement to ensure that the bac-
teriological quality of the drinking
water served by such system will not
be adversely affected by such modifica-
tion. Each system shall comply with
the provisions set forth in the State-
approved plan. At a minimum, a State
approved plan shall require the system
modifying its disinfection practice to:
(1) Evaluate the water system for
sanitary defects and evaluate the
source water for biological quality;
(2) Evaluate Its existing treatmsnt
practices and consider improvements
that will minimize disinfectant de-
mand and optimize finished water qual-
ity throughout the distribution sys-
tem;
(3) Provide baseline water quality
survey data of the distribution system.
Such data should include the results
from monitoring for coliform and fecal
coliform bacteria, fecal streptococci,
standard plate counts at 35° C and 20°
C, phosphate, ammonia nitrogen and
total organic carbon. Virus studies
should be required where source waters
are heavily contaminated with sewage
effluent;
(4) Conduct additional monitoring to
assure continued maintenance of opti-
mal biological quality In finished
water, for example, when chloramines
are introduced as disinfectants or when
pre-chlorination Is being discontinued.
Additional monitoring should also be
required by the State for chlorate,
chlorite and chlorine dioxide when
chlorine dioxide is used. Standard plate
count analyses should also be required
by the State as appropriate before and
after any modifications;
(5) Consider inclusion in the plan of
provisions to maintain an active dis-
infectant residual throughout the dis-
-------
fl. lAt, 3UO I. ‘ -, #4)p. I- .
‘ha s,.ri’ hI, I % II7 ’t I.%.4IIIt.tSU l
tribution system at all times during
and after the modification.
44 FR 68641, Nov. 29, 1979, as amended at 45
FR 15545, 15547, Mar. 11, 1980; 58 FR 41345,
Aug. 3, 1993]
APPENDIX A—SUMMARY OF PUBLIC COM-
MENTS AND EPA RESPONSES ON PRO-
POSED AMENDMENTS TO THE NA-
TIONAL INTERIM PRIMARY DRINKING
WATER REGULATIONS FOR CONTROL
OF TRIHALOMETHANES 114 DRINKING
WATER
[ 44 FR 68642, Nov. 29, 1979]
APPENDIX B—SUMMARY OF MAJOR COM-
MENTS (FOR RESPONSES, SEE APPEN-
DIX A)
[ 44 FR 68666, Nov. 29, 1979]
EDrroRxAL NOTE: Appendices A and B ap-
pearing at 44 FR 68642 and 68666, Nov. 29, 1979,
are not codified in the code of Federal Regu-
lations.
APPENDIX C—ANALYSIS OF
TRIHALOMETHANES
PART I—THE ANALYSIS OF TRIHALOMETHANES
RI DRINKING WATER BY TIlE PURGE AND
TRAP METhOD
2. Scope
1.1 This method (1) is applicable In the de-
termination of four trihalomethanes, i.e.
chloroform, dichiorobromomethane,
dibromochioromethane, and bromoform in
finished drinking water, raw source water, or
drinking water in any stage of treatment.
The concentration of these four compounds
is totaled to determine total
trihalomethanes (TTHM).
1.2 For compounds other than the above-
mentioned trihalomethanes, or for other
sample sources, the analyst must dem-
onstrate the usefulness of the method by col-
lecting precision and accuracy data on ac-
tual samples as described (2).
1.3 Although the actual detection limits
are highly dependent upon the gas
chromatographic column and detector em-
ployed, the method can be used over a con-
centration range of approximately 0.5 to 1500
micrograms per liter.
1.4 Well in excess of 100 different water
supplies have been analyzed using this meth-
od. Supplementary analyses using gas chro-
matography mass spectrometry (GCIMS)
have shown that there is no evidence of in-
terferenc in the determination of
trihalomethanes (3). For this reason, it is
not necessary to analyze the raw source
water as is required with the Liquid /Liquid
Extraction Method (4).
2. Summary
2.2 Trihalomethanes are extracted by an
inert gas which is bubbled through the aque-
ous sample. The trihalamethanes, along with
other organic constituents which exhibit low
water solubility and a vapor pressure signifi-
cantLy greater than water, are efficiently
transferred from the aqueous phase to the
gaseous phase. These compounds are swept
from the purging device and are trapped in a
short column containing a suitable sorbent.
After a predetermined period of time, the
trapped components are thermally desorbed
and backflushed onto the head of a gas
chromatographic column and separated
under programmed conditions. Measurement
is accomplished with a halogen specific de-
tector such as electrolytic conductivity or
microcoulometric titration.
2.3 Confirmatory analyses are performed
using dissimilar columns, or by mass spec-
trometry (5).
2.4 Aqueous standards and unknowns are
extracted and analyzed under identical con-
ditions in order to compensate for extraction
losses.
2.5 The total analysis time, assuming the
absence of other organohalides, is approxi-
mately 35 minutes per sample.
3. Interferences
3.1 Impurities contained in the purge gas
and organic compounds outgasing from the
plumbifig ahead of the trap usually account
for the majority of contamination problems.
The presence of such inteferences are easily
monitored as a part of the quality control
program. Sample blanks are normally run
between each set of samples. When a positive
trihalomethane response is noted In the sam-
ple blank, the analyst should analyze a
method blank. Method blanks are run by
charging the purging device with organic-
free water and analyzing in the normal man-
ner.
If any trihalomethane Is noted in the
method blank in excess of 0.4 pg/I, the ana-
lyst should change the purge gas source and
regenerate the molecular sieve purge gas fil-
ter. Subtracting the blank values is not rec-
ommendec!. The use of non-TFE plastic tub-
ing, non-TFE thread sealants, or flow con-
trollers with rubber components should be
avoided since such materials generally out-
gas organic compounds which will be con-
centrated in the trap during the purge oper-
ation. Such out-gasing problems are common
whenever new equipment is put into service;
as time progresses, minor out-gasing prob-
lems generally cure themselves.
3.2 Several instances of accidental sample
contamination have been noted and attrib-
uted to diffusion of volatile organics through
the septum seal and into the sample during
shipment and storage. The sample blank is
used as a monitor for this problem.
T O O
-------
Environmental Protection Agency
3.3 For compounds that are not efficiently
purged, such as bromoform, small variations
in sample volume, purge time, purge flow
rate, or purge temperature can affect the an-
alytical result. Therefore, samples and
standards must be analyzed under Identical
conditions.
3.4 Cross-contamination can occur when-
ever high-level and low-level samples are se-
quentially analyzed. To reduce this likeli-
hood, the purging device and sample syringe
should be rinsed twice between samples with
organic-free water. Whenever an unusually
concentrated sample is encountered, it is
highly recommended that It be followed by a
sample blank analysis to ensure that sample
cross contamination does not occur. For
samples containing large amounts of water
soluble materials, it may be necessary to
wash out the purging device with a soap so-
lution, rinse with distilled water, and then
dry In a 105° C oven between analyses.
3.5 Qualitative misidentifications are a
problem in using gas chromatographic analy-
sis. Whenever samples whose qualitative na-
ture is unknown are analyzed, the following
precautionary measures should be incor-
porated into the analysis.
3.5.1 Perform dup]icate analyses using the
two recommended columns (4.2.1 and 4.2.2)
which provide different retention order and
retention times for the trihalomethanes and
other organohalldes.
3.5.2 Whenever possible, use GCIMS tech-
niques which provide unequivocal quali-
tative identifications (5).
4. Apparatus
4.1 The purge and trap equipment consists
of three separate pieces of apparatus: the
purging device, trap, and desorber. Construc-
tion details for a purging device and an eas-
ily automated trap-desorber hybrid which
has proven to be exceptionally efficient and
reproducible are shown in Figures 1 through
4 and described In 4.1.1. through 4.1.3. An ear-
lier acceptable version of the above-men-
tioned equipment is described in (1).
4.1.1 Purging Device—Construction de-
tails are given In Figure 1 for an all-glass 5
ml purging device. The glass frit installed at
the base of the sample chamber allows finely
divided gas bubbles to pass through the sam-
ple while the sample is restrained above the
flit. Gaseous volumes above the sample are
kept to a minimum to eliminate dead vol-
ume effects, yet allowing sufficient space for
most foams to disperse. The inlet and exit
ports are constructed from heavy-walled 1/ ..
inch glass tubing so that leak-free removable
connections can be made using “finger-
tight” eompression fittings containing Tef-
lon ferrules. The removable foam trap is used
to control samples that foam.
4.1.2 Trapping Device-The trap (Figure 2)
is a short gas chromatographic column
which at <350 C retards the flow of the corn-
Pt. 141, Subpt. C, App. C
pounds of interest while venting the purge
gas and, depending on which sorbent is used,
much of the water vapor. The trap should be
constructed with a low thermal mass so that
it can be heated to 1800 C in less than 1
minute for efficient desorption, then rapidly
cooled to room temperature for recycling.
Variations in the trap ID, wall thickness.
sorbents, sorbent packing order, and sorbent
mass could adversely affect the trapping and
desorption efficiencies for compounds dis-
cussed in this text. For this reason, it isim-
portant to faithfully reproduce the trap con-
figurations recommended in Figure 2. Traps
containing Tenax only, or combinations of
Tenax and other sorbents are acceptable for
this analysis.
4.1.3 Desorber assembly—Details for the
desorber are shown in Figures 3, and 4. With
the 6-port valve in the Purge Sorb position
(Figure 3), the effluent from the purging de-
vice passes through the trap where the flow
rate of the organics Is retarded. The GC car-
rier gas also passes through the 6-port valve
and is returned to the GC. With the 6-port
valve in the Purge-Sorb position, the oper-
ation of the GC is in no way impaired; there-
fore, routine liquid injection analyses can be
performed using the gas chromatograph.
After the sample has been purged, the 6-port
valve Is turned to the desorb position (Figure
4). In this configuration the trap is coupled
in series with the gas chromatographic col-
umn allowing the carrier gas to backflush
the trapped materials into the analytical
column. Just as the valve is actuated, the
power is turned on to the resistance wire
wrapped around the trap. The power is sup-
plied by an electrobic temperature control-
ler. Using this device, the trap Is rapidly
heated to 1800 C and then maintained at 180°
C with minimal temperature overshoot. The
trapped compounds are released as a “plug”
to the gas chromatogTaph. Normally, packed
columns with theoretical efficiencies near
500 plates/foot under programmed tempera-
ture conditions can accept such desorb injec-
tions without altering peak geometry. Sub-
stituting a non-controlled power supply,
such as a manually-operated variable trans-
former, will provide nonreproductible reten-
tion times and poor quantitative data unless
Injection Procedure (8.9.2) is used.
4.1.4 Several Purge and Trap Devices are
now commercially available. It is rec-
ommended that the following be taken into
consideration if a unit is to be purchased:
a. Be sure that the unit is completely com-
patible with the gas chromatograph to be
used for the analysis.
b. Use a 5-ml purging device similar to that
shown in Figure 1.
c. Be sure the Tenax portion of the trap
meets or exceeds the dimensions shown in
Figure 2.
-Jo)
-------
ri. 141, uopi. ‘..,, # pp. ‘..
44J rN Lfl. I tI—I—Y4 talTIOfl)
d. With the exception of sample Introduc-
tion, select a unit that has as many of the
purge trap functions automated as possible.
4.2 Gas chromatograph—The chro-
matograph must be temperature program-
mable and equipped with a halide sr ecific de-
tector.
4.2.1 Column I is an unusually efficient
column which provides outstanding separa-
tions for a wide variety of organic com-
pounds. Because of its ability to resolve
trihalomethanes from other organochiorine
compounds, column I should be used as the
primary analytical column (see Table 1 for
retention data using this column).
4.2.1.1 Column I parameters: Dimensions—
8 feet longxo.1 inch ID stainless steel or
glass tubing. Packing—1% SP-1000 on
Carbopack-B (60/80) mesh. Carrier Gas—he-
Hum at 40 mI/minute. Temperature program
sequence: 45° C isothermal for 3 mInutes, pro-
gram at 80 C/minute to 220° C then hold for 15
minutes or until all compounds have eluted.
No’rE: It has been found that during han-
dling, packing, and programming, active
sites are exposed on the Carbopack-B pack-
ing. This results in tailing peak geometry
and poor resolution of many constituents. To
correct this, pack the first 5 cm of the col-
umn with 3% SP-l000 on Cbromosorb-W 60/80
followed by the Carbopack—B packing. Condi-
tion the precolumn and the Carbopack col-
umns with carrier gas flow at 220° C over-
night. Pneumatic shocks and rough treat-
ment of packed columns will cause excessive
fracturing of the Carbopack. If pressure in
excess of 60 psI is required to obtain 40 ml]
minute carrier flow, then the column should
be repacked.
4.2.1.2 Acceptable column equivalent to
Column I: Dimensions—8 feet long xO.1 inch
ID stainless steel or glass tubing. Packing—
0.2% Carbowax 1500 on Carbopack—C (80/100)
mesh. Carrier Gas—helium at 40 m]Jminute.
Temperature program sequence—60° C iso-
thermal for 3 minutes, program at 8° C
/minute to 1600 C, then hold for 2 minutes or
until all compounds have eluted.
NOTE: It has been found that during han-
dling, packing, and programming, active
sites are exposed on the Carbopack-C pack-
ing. This results in poor resolution of con-
stituents and poor peak geometry. To cor-
rect this, place a 1 ft. 0.125 in. ODxO.1 in. II)
stainless steel column packed with 3%
Carbowax 1500 on Chromosorb—W 60/80 me8h
in series before the Carbopack-C column.
Condition the precolumn and the Carbopack
columns with carrier gas flow at 1900 C over-
night. The two columns may be retained in
series fof routine analyses. Trihalomethane
retention times are listed in Table 1.
4.2.2 Column fl provides unique
organohalide-trihalomethane separations
when compared to those obtained from Col-
umn I (see Figures 5 and 6). However, since
the resolution between various compounds is
generally not as good as those with Column
I, It is recommended that Column 11 be used
as a qualitative confirmatory column for un-
known samples when GC/MS confirmation i8
not possible.
4.2.2.1 Column LI parameters: Dimen-
sions—6 feet longxo.l inch ID stainless steel
or glass. Packing—n-octane on Porlsil—C (100/
120 mesh). Carrier Gas—helium at 40 cd
minute. Temperature program sequence—50°
C isothermal for 3 minutes, program at 6°/
minute to 170° C, then hold for 4 minutes or
until all compounds have eluted.
Trihalomethane retention times are listed in
Table 1.
5.8 Organic-free water is defined as water
free of Interference when employed in the
purge and trap analysis.
5.8.1 Organic-free water is generated by
passing tap water through a carbon filter bed
containing about 1 lb. of activated carbon.
Change the activated carbon bed whenever
the concentration of any trihalomethane ex-
ceeds 0.4 pgfl.
5.8.2 A Millipore Super-Q Water System
or Its equivalent may be used to generate or-
ganic-free water.
5.8.3 OrganIc-free water may also be pre-
pared by boiling water for 15 minutes. Subse.
quently, while maintaining the temperature
at 90° C, bubble a contaminant-free inert gas
through the water for one hour. While still
hot, transfer the watei to a narrow-mouth
screw-cap bottle with a Teflon seal.
5.8.4 Test organic free water each day it is
used by analyzing according to Section 8.
5.9 Standards.
5.9.1 Bromoform—96%—avajlable from Al-
drich Chemical Company.
5.9.2 Bromodlchioromethane 91%—avail-
able from Aldrich Chemical Company.
5.9.3 Cbiorodlbromomethane—ava llable
from Columbia Chemical Inc., Columbia, S.C.
5.9.4 Chloroform—99%—avallable from Al-
drich Chemical Company.
5.10 Standard Stock Solutions
5.10.1 Place about 9.8 ml of methyl alcohol
into a ground glass stoppered 10 ml volu-
metric flask.
5.10.2 Allow the flask to stand
unstoppered about 10 mInutes or until all al-
cohol wetted surfaces have dried.
5.10.3 Weigh the flask to the nearest 0.1
mg.
5.10.4 Using a 100 xl syringe, immediately
add 2 drops of the reference standard to the
flask, then reweigh. Be sure that the 2 drops
fall directly into the alcohol without contacting
the neck of the flask.
5.10.5 Dilute to volume, stopper, then mix
by inverting the flask several times.
As a precautionary measure, all standards
must be checked for purity by boiling point
determinations or GCIMS assays (5).
-------
EnvironmenTal rroieciion # gency
ri. 14 1, 3uupI. ‘... .., # pp. s . ..
5.10.6 Transfer the solution to a dated and
labeled 15 ml screw cap bottle with a Teflon
cap liner.
No’r : Because of the toxicity of
trihalomethanes, it is necessary to prepare
primary dilutions in a hood. It Is further rec-
ommended that a NIOSH/MESA approved
toxic gas respirator be used when the analyst
handles high concentrations of such mate-
rials.
5.10.7 Calculate the concentration In
micrograms per microliter from the net gain
in weight.
5.10.8 Store the solution at 40 C.
NOTE: All standard solutions prepared in
methyl alcohol are stable up to 4 weeks when
stored under these conditions. They should
be discarded after that time has elapsed.
5.11 Aqueous Calibration Standard Pre-
cautions.
5.11.1 In order to prepare accurate aque-
ous standard solutions, the following pre-
cautions must be observed.
a. Do not Inject more than 20 p1 of alco-
holic standards into 00 ml of organic-free
water.
b. Use of 25 p1 Hamilton 702N microsyringe
or equivalent. (Variations in needle geom-
etry will adversely affect the ability to de-
liver reproducible volumes of methanolic
- standards into water.)
c. Rapidly inject the alcoholic standard
into the expanded area of the filled volu-
metric flask. Remove the needle as fast as
possible after injection.
d. Mrx aqueous standards by Inverting the
flask three times only.
e. Discard the contents contained in the
neck of the flask. Fill the sample syringe
from the standard solution contained in the
expanded area of the flask as directed in Sec-
tion 8.5.
f. Never use pipeta to dilute or transfer
samples or aqueous standards.
g. Aqueous standards when stored with a
headspace are not stable and should be dis-
carded after one hour.
h. Aqueous standards can be stored accord-
ing to Sections 6.4 and 8.6.
5.11.2 Prepare, from the standard stock
solutions, secondary dilution mixtures in
methyl alcohol so that a 20 p1 injection into
100 ml or organic-free water will generate a
calibration standard which produces a re-
sponse close (±10%) to that of the sample
(See 9.1).
5.11.3 Purge and analyze the aqueotis cali-
bration standards in the same manner as the
samples.
5.11.4 Other calibration procedures (3)
which require the delivery of less than 20 p1
of a methanolic standard Into a 5.0 ml vol-
ume of water already contained in the sam-
ple syringe are acceptable only if the meth-
an ol1c standard Is delivered by the solvent
flush technique (6).
5.12 Quality Check Standard (2.0 pg/i)
5.12.1 From the standard stock solutions,
prepare a secondary dilution in methyl alco-
hol containing 10 ng/pi of each
trihalomethane (See Section 5.10.8 Note).
5.12.2 Daily, Inject 20.0 p1 of this mixture
Into 100.0 ml of organic-free water ana ana-
lyze according to Section 8.
6. Sample Collection and Handling
6.1. The sample containers should have a
total volume of at least 25 ml.
6.1.1 Narrow mouth screw cap bottles with
the TFE fluorocar bon face silicone sepata
cap liners are strongly recommended.
6.2 Sample Bottle Preparation
6.2.1 Wash all sample bottles and TFE
seals in detergent. Rinse with tap water and
finally with distilled water.
6.2.2 Allow the bottles and seals to air dry
at room temperature, then place in a 105° C
oven for one hour, then allow to cool in a
area known to be free of organics.
No’rE: Do not heat the TFE seals for ex-
tended period of time (>1 hour) because the
silicone layer slowly degrades at 105° C.
6.2.3 When cool, seal the bottles using the
TFE seals that will be used for sealing the
samples.
6.3 Sample Stabilization—A chemical re-
ducing agent (Section 5.6) is added to the
sample in order to arrest the formation of
trihalo-methanes after sample collection (3,
7). Do not add the reducing agent to samples
when data on maximum trihalomethane forma-
tion is desired. If chemical stabilization is
employed, the reagent Is also added to the
blanks. The chemical agent (2.5 to 3 mg/40
ml) is added to the empty sample bottles just
prior to shipping to the sampling site.
6.4 Sample Collection
6.4.1 Collect all samples in duplicate.
6.4.2 Fill the sample bottles in such a
manner that no air bubbles pass through the
sample as the bottle is filled.
6.4.3 Seal the bottles so that no air bub-
bles are entrapped in It.
6.4.4 Maintain the hermetic seal on the
sample bottle until analysis.
6.4.5 Sampling from a water tap.
6.4.5.1 Turn on water and allow the sys-
tem to flush until the temperature of the
water has stabilized. Adjust the flow to
about 500 mllminute and collect duplicate
samples from the flowing stream.
6.4.6 Sampling from an open body of
water.
6.4.6.1 Fill a 1-quart wide-mouth bottle
with sample from a representative area.
Carefully fill duplicate sample bottles from
the 1-quart bottle as noted in 6.4.2.
6.4.7 If a chemical reducing agent has
been added to the sample bottles, fill with
-703
-------
rs. s’.s, )uIJpu. s..,
•t .I I l ¼..II. S 1 U —7 I. .AUUU JIU
sample Just to overflowing, seal the bottle.
and shake vigorouBly for 1 minute.
6.4.8 Sealing practice for septum seal
screw cap bottles.
6.4.8.1 Open the bottle and fill to over-
flowing, place on a level surface, position the
TFE side of the septum seal upon the convex
sample meniscus and seal the bottle by
screwing the cap on tightly.
6.4.8.2 Invert the sample and lightly tap
the cap on a solid surface. The absence of en-
trapped air indicates a successful seal. If
bubbles are present, open the bottle, add a
few additional drops of sample and reseal the
bottle as above.
6.4.9 Blanks.
6.4.9.1 Prepare blanks in duplicate at the
laboratory by filling and sealing sample bot-
tles with organic-free water just prior to
shipping the sample bottles to the sampling
site.
6.4.9.2 If the sample is to be stabilized,
add an Identical amount of stabilization rea-
gent to the blanks.
6.4.9.3 Ship the blanks to and from the
sampling site along with the sample bottles.
6.4.9.4 Store the blanks and the samples
collected at a given site (sample set) to-
gether. A sample set is defined as all the
samples collected at a given site (i.e., at a
water treatment plant, the duplicate raw
source waters, the duplicate finished waters
and the duplicate blank samples comprise
the sample set).
6.5 When samples have been collected ac-
cording to Section 6, no measurable loss of
trihalomethanes has been detected over ex-
tended periods of storage time (3). It is rec-
ommended that all samples be analyzed
within 14 days of collection.
7. Conditioning Traps
7.1 Condition newly packed traps over-
night at 180° C with an Inert gas flow of at
least 20 mJJmin.
7.1.1 Vent the trap effluent to the room,
not to the analytical column.
7.2 Prior to daily use, condition traps 10
minutes while backflushing at 1800 C. It may
be beneficial to routinely condition traps
overnight while backflushing at 1800 C.
7.2.1 The trap may be vented to the ana-
lytical column; however, after conditioning,
the column must be programmed prior to
use.
8. Extraction and Analysis
8.1 Adjust the purge gas (nitrogen or he-
lium) flow rate to 40 ml/min.
8.2 Attach the trap inlet to the purging
device. Turn the valve to the purge-sorb po-
sition (Figure 3).
8.3 Open the syringe valve located on the
purging device sample introduction needle.
8.4 Remove the plungers from two 5 ml
syringes and attach a closed syringe valve to
each.
8.5 Open the sample bottle and carefully
pour the sample into one of the syringe bar-
rels until it overflows. Replace the syringe
plunger and compress the sample. Open the
syringe valve and vent any residual air while
adjusting the sample volume to 5.0 ml. Close
the valve.
8.6 Fill the second syringe in an identical
manner from the same sample bottle. This
second syringe is reserved for a duplicate
analysis, if necessary (See Sections 9.3 and
9.4).
8.7 Attach the syringe-valve assembly to
the syringe valve on the purging device.
8.8 Open the syringe valve and inject the
sample into the purging chamber. Close both
valves. Purge the sample for 11.0±.05 min-
utes.
8.9 After the 11-minute purge time, attach
the trap to the chromatograph (turn the
valve to the desorb position) and introduce
the trapped materials to the GC column by
rapidly heating the trap to 180°C while
backfiushlng the trap with an inert gas be-
tween 20 and 60 mlJmin for 4 minutes.
8.9.1 If the trap can be rapidly heated to
180°C and maintained at this temperature,
the GC analysis can begin as the sample is
desorbed, i.e., the column is at the initial
45°C operatIng temperature. The equipment
described in FIgure 4 will perform accord-
ingly.
8.9.2 With other types of equipment (see
Section 4.1.4 and Reference 1) where the trap
is not rapidly heated or is not heated In a re-
producible manner, it may be necessary to
transfer the contents of the trap into the an-
alytical column at <30°C where It is once
again trapped. Once the transfer is complete
(4 minutes), the column is rapidly heated to
the initial operating temperature for analy-
sis.
8.9.3 If injection procedure 8.9.1 is used
and the early eluting peaks in the resulting
chromatogram have poor geometry or vari-
able retention times, then Section 8.9.2
should be used.
8.10 After the extracted sample is Intro-
duced into the gas chromatograph, empty
the gas purging device using the sample in-
troduction syringe, followed by two 5-mi
flushes of organic-free water. When the purg-
ing device is emptied, leave the syringe valve
open allowing the purge gas to vent through
the sample introduction needle.
8.11 Analyze each sample and sample
blank from the sample set In an identical
manner (see Section 6.4.9.4) on the same day.
8.12 Prepare calibration standards from
the standard stock solutions (Section 5.10) in
organic-free water that are close to the un-
known in trihalomethane composition and
concentration (Section 9.1). The concentra-
tions should be such that only 20 jil or less of
-------
Lnvirorimen,ui riui i..iiuiu
ri. ‘ei, UIJ i. ¼.., P% JI ,J. ¼.
the secondary dilution need be added to 100
ml of organlo-free water to produce a stand-
ard at the same level as the unknown.
8.13 As an alternative to Section 8.12, pre-
pare a calibration curve for each
trihalomethane containing at least 3 points,
two of which must bracket the unknown.
9. Analytical Quality Control
9.1. Analyze the 2 pg/I check sample daily
before any samples are analyzed. Instrument
status checks and lower limit of detection
estimations based upon response factor cal-
culations at five times the noise level are ob—,
tamed from these data. In addition, response
factor data obtained from the 2 pg/I check
standard can be used to estimate the con-
centration of the unknowns. From this infor-
mation, the appropriate standard dilutions
can be determined.
9.2 Analyze the sample blank to monitor
for potential interferences as described in
Sections 3.1, 3.2. and 3.4.
9.3 Spiked Samples
9.3.1 For laboratories analyzing more
than 10 samples a day, each 10th sample
should be a laboratory generated spike which
closely duplicates the average finished
drinking water in trihalomethane composi-
tion and concentration. Prepare the spiked
sample In organic-free water as described in
Section 5.11.
9.3.2 For laboratories analyzing less than
10 samples daily, each time the analysis is
performed, analyze at least 1 laboratory gen-
erated spike sample which closely duplicates
the average finished drinking water In tn-
halomethane composition and concentra-
tion. Prepare the spiked sample in organic-
free water as described in Section 5.11.
9.4 Randomly select and analyze 10% of
all samples in duplicate.
9.4.1 Analyze all samples in duplicate
which appear to deviate more than 30% from
any established norm.
9.5 MaintaIn an up-to-date log on the ac-
curacy and precision data collected in Sec-
tions 9.3 and 9.4. If results are significantly
different than those cited in Section 11.1, the
analyst should check out the entire analyses
scheme to determine why the laboratory’s
precision and accuracy limits are greater.
9.6 Quarterly, spike an EMSL,-Cincinnati
trihalo- methane quality control sample into
organic-free water and analyze.
9.6.1 The results of the EMSL
trihalomethane quality control sample
should agree within 20% of the true value for
each trihalomethane. If they do not then the
analyst piust check each step in the stand-
ard generation procedure to solve the prob-
lem (Sections 5.9, 5.10, and 5.11).
9.7 Maintain a record of the retention
times for each trihalomethane using data
gathered from spiked samples and standards
9.7.1 Daily calculate the average reten-
tion time for each trihalomethane and the
variance encountered for the analyses.
9.7.2 If individual trihalomethane reten-
tion time varies by more than 10% over an
eight hour period or does not fall with 10% of
an established norm, the system is “out of
control.” The source of retention data vari-
ation must be corrected before acceptable
data can be generated.
10. Calculations
10.1 Locate each trihalomethane in the
sample chromatogram by comparing the re-
tention time of the suspect peak to the data
gathered in 9.7.1. The retention time of the
suspect peak must fall within the limits es-
tablished In 9.7.1 for single column identi-
fication.
10.2 Calculate the concentration of the
samples by comparing the peak height or
peak areas of the samples to the standard
peak height (8.12). Round off the data to the
nearest ig/l or two significant figures.
peak hetght sample
peak height standard
x (conc. std. pg/I)
10.3 R.eport the results obtained from the
lower limit of detection estimates along
with the data fo the samples.
10.4 Calculate the total trihalomethane
concentration (‘l”rHM) by summing the 4 in-
dividual trihalomethane concentrations in
jig/I. TI’HM (pgIl)=(Conc. CHCI 3 )+(Conc.
CHBrCI 2 )÷(Conc. CHBr 2 C1)+(Conc. CHBr).
10.5 Calculate the limit of detection
(LOD) for each trihalomethane not detected
using the following criteria:
A x ATT
LOD (p /1)a (2 pg/I)
B x AU
where
B=peak height (mm) of 2 pg/i quality check
standard
A=5 times the noise level in (mm) at the
exact retention time of the
trihalomethane or the baseline displace-
ment in (mm) from the theoretical zero
at the exact retention time of the
trihalomethane.
A’N’=Attenuation factor
11. Accuracy and Precision
11.1 One liter of organic-free water was
spiked with the trihalomethanes and used to
fill septum seal vials which were stored
under ambient conditions. The spiked sam-
ples were randomly analyzed over a 2-week
period of time. The single laboratory data
listed in Table II reflect the errors due to the
analytical procedure and storage.
REFERENCES
1. Bellar, T. A., J. J. Lichtenberg, Deter-
mining Volatile Organics at the Microgram
1 Lc
-------
I •. I — S U%I dp.f I. p l % I •
• 1% SI. I I
per Litre Levels by Gas Chromatography,
Journal AWWA., 66, 739 (December 1974).
2. “Handbook for Analytical Quality Con-
trol in Water and Wastewater Laboratories,”
Analytical Quality Control Laboratory, Na-
tional Environmental Research Center, Cin-
cinnati, Ohio, June 1972.
3. Brass, H. J., et al., “National Organic
Monitoring Survey: Sampling and Purgeable
Organic Compounds, Drinking Water Quality
Through Source Protection,” R. B. Pojasek,
Editor, Ann Arbor Science, p. 398, 1977.
4. “The Analysis of Trihalomethanes in
Finished Water by the Liquid/Liquid Extrac-
tion Method, Method 501.2” Environmental
Monitoring and Support Labortory, Environ-
mental Research Center, Cincinnati, Ohio,
45268, May 15, 1979.
5. Budde, W. L. and J. W. Eichelberger,
“Organics Analysis Using Gas Chroma-
- togTaphy-Mass Spectrometry,” Ann Arbor
Science, Ann Arbor, Michigan, 1979.
6. WhIte, L. D. et al., “Convenient Opti-
mized Method for the Analysis of Selected
Solvent Vapors in the Industrial Atmos-
phere,” AIIiA Journal, Vol. 31, p. 225, 1970.
7. Kopfler, F. C., et al. “GCIMS Determina-
tion of Volatiles for the National Organics
Reconnaissance Survey (NORS) or Drinking
Water, Identification and Analysis of Or-
ganic Pollutants in Water,” L. H. Keith, Edi-
tor, Ann Arbor Science, p. 87, 1976.
TABLE 1—RETENTION DATA FOR
TRIHALOMETHANES
Retention time minutes
Column I
Accept.
able Atter-
Column
Tnhalomethane
1%
spl000
Carbopad
B
native to
column I
0.4%
Caitiowax
Carbopack
II n-oc-
lane
Porasd-
C
Chloroform
Bromodlcltloromethane .
10.7
13.7
82
108
12.2
14.7
TABLE I—RETENTION DATA FOR
TRUIAL0METHANES—.Continued
Tnha lomelhana
Retention time minutes
Column I
1%
spl000
Carbopad
B
Accept-
able Alter-
native to
column I
0.4%
Carbowax
Carbopack
Column
II n-oc-
lane
Porasil-
C
Chtorodibromomethane
(Dibromochlorometh-
ane)
Bromoform ..
16.5
19.2
13.2
15.7
16.6
19.2
TABLE Il—SINGLE LABORATORY ACCURACY AND
PRECISION FOR TRIHALOMETHANES
Spike pgfl
Nu
p,q
S’Ofl
standard
Acc
recovery
Chloroform
12
120
119.0
12
8
11
12
11
105
0.14
0.16
7.9
100
92
88
Bromodichtoromelhane
1.6 ..
16.0
160.0 .. .
12
8
11
1.5
15
145
0.05
0.39
102
94
94
91
Chlorod ibromomethane
2.0
20.0
196.0 ..
12
8
11
1.9
19
185
0.09
0.70
10.6
95
95
94
Bromoform
2.3
23.0 ..
231 0
12
8
11
2.3
23
223
0.16
1.38
16.3
100
100
97
70 C
-------
Environmental Protection Agency
Pt. 141, Subpt. C, App. C
iA IN. O.D. EXIT
I ,
•I
SAMPLE INLET
2-WAY S’VRINGE VALVE
17CM. 20 GAUGE SYRINGE NEEDLE
6MM.O.D. RUBBER SEPTUM
10MM. 0.0.
V 16 IN. 0.0.
STAINLESS STEEL
10MM. GLASS IRU
MEDIUM POROS1IT
13X MOLECULAR
SIEVE PURGE
GAS FILTER
PURGE GAS
FLOW CONTROL
FIGURE 1. PURGING DEVICE
OPIIONAI. R — — EXIt 1/4
FOAM TRAP . IPI 00.
I m_ 14MM. 0.0:
INLET 114
IN 0.0.
0
0
I -,
0
—
I
70 7
-------
PACKING PIOCFDURI
MI*lwusrou hAP OHMI*1 PUIPOUhIAP
01*11 WOOl 1MM 01*31 W0 SUM
0 1*01 3 2
IAKA Ofl ..li
SCM 2
I ,.aI
;•.•
.•
IINAI 11CM , hUh 7XU :‘
I.
•1
.1 .
•1’
• •.,
:
) CVI SCM I X CV 5 SCM
01*11 WOOl oi*i WOOl
1MM SUM
ISA ? 11* 1 1 SAP IrnII
COtISI UCIION
FIGURE 2 TRAP
COM IhS ON NTNHS IrR
AND
- \
tilt ? /Tfl0S S(%rS?*S .I
*I WIAPPID 1010
,hUIflOCOU P I/CON1IOUIS
3 1 11101
I
C
C
C
C
C
C
7
C
‘lIChIOlAC
hI tIA,’*,
CONISOl
PrIONIthl
WSWIO 11CM lID , IN ID
0511 IN 00 31* 1 1111 SiltS
. 1
r
C
C
-------
m
0
B
a
COLUMN 5
0
C,
0
>
0
C,
HEATER CONTROL
NOTE ALL UNES BETWEEN
TRAP AND oc
ShOULD 51 HEATED
TO SO.C
C,,
C
FIGURE 3 PURGE-TRAP SYSTEM (PURGE-SORB MODE)
CARRIER GAS
LIQUID
OVEN
PURGE GAS
FLOW CONTROL
TO DETECTOR
— ANALYTICAL COLUMN
OPTIONAL 4 -PORT COLUMN
SELECTION VALVE
TRAP INLET (TENTAX END)
6.PORT VALVE / - RESISTANCE WiRE
13X MOLECULAR
SIEVE FILTER
‘ PURGING DEVICE
-------
PURGE GAS
FLOW CONTROL
HEATER CONTROL
13X MOLECULAR
SIEVE HLILR
NOTE: ALL LINES ETW(EN
TRAP AND OC
SHOULD 5E HEATED
10 eo•c
FIGURE 4 PURGE-TRAP SYSTEM (DESPRU MODE)
CARRIER
PRESSURE REGULATOR
LIQUID INiECIION PORTS
COLUMN OVEN
cn
C
0•
V
C-)
V
.9
C)
I ‘ • -CONFiRMATORY COLUMN
I “) TO DETECTOR
1
ANALYTICAL COLUMN
4.PORT COLUMN
SELECTION VALVE
TRAP INLET UNAX END)
6.PORT VALVE j RESISTANCE WIRE
C -)
-‘1
C)
0
-------
0
d.
a.
C) COLUMN: 0.2% CARBOWAX 1500 ON CARROPACK .C
PROGRAM: 10° C3 MIMJTES I°I IINUTE TO 100°C
DETECTOR: ELECTROLYTIC CO dDUCTIVITY
a.
.0
C l)
a
I
C,
0
wu
-I U.
0
zx
I-
I g
C.) 0
C
•
0
C
§
0
C) I
4-
2
0 .
C
0
E RETENTION T E MINUTES
C
2
.
C
IL l
I
2 4 0. S 10 12 14 IS IS
-------
cOLUMN OCTANE ON PORA$ILC
PROO AM EODC.3 VIMJTU $°IMINUTe TO I1Q°C
DETECTON: ELECTROLVYK CONDUCTIVifY
V I
z
UI
-I
I
O
g
-I
z
—
). ._
)
U
r
)
L
1 -
I
-J
Ii .
a
C
a
a
4 • S 10 13
RETENTION T I MINUTU
is IS a
a
-------
Environmental Protection Agency
P T Il—ANALYSIS OF TRIHALOMETHANES IN
DRINKING WATER BY LIQUID/LIQUID Ex-
TRACTION
1. Scope.
1.1 ThIs method (1,2) Is applicable only to
the determination of four trihalomethanes.
I.e., chloroform, bromodichioromethane,
chiorodibromomethane, and bromoform in
finished drinking water, drinking water dur-
Ing intermediate stages of treatment, and
the raw source water.
1.2 For compounds other than the above-
mentioned trlhalomethanes, or for other
sample sources, the analyst must dem-
onstrate the usefulness of the method by col-
lecting precision and accuracy data on ac-
tual samples as described in (3) and provide
qualitative confirmation of results by Gas
Chromatography/Mass Spectrometry (GC/
MB) (4).
1.3 QualItative analyses using GC/MS or
the purge and trap method (5) must be per-
formed to characterize each raw source
water if peaks appear as interferences In the
raw source analysis.
1.4 The method has been shown to be use-
ful for the trihalomethanes over a concentra-
tion range from approximately 0.5 to 200 pg/
1. Actual detection limits are highly depend-
ent upon the characteristics of the gas
chromatographic system used.
2. Summary
2.1 Ten milliliters of sample are extracted
one time with 2 ml of solvent. Three il of the
extract are then Injected into a gas chro-
matograph equipped with a linearized elec-
tron capture detector for separation and
analysis.
2.2 The extraction and analysis time is 10
to 50 minutes per sample depending upon the
analytical conditions chosen. (See Table 1
and FIgures 1, 2, and 3.)
2.3 Confirmatory evidence is obtained
using dissimilar columns and temperature
programming. When component concentra-
tions are sufficiently high (>50 pg/l), halogen
specific detectors may be employed for im-
proved specificity.
2.4 Unequivocal confirmatory analyses at
high levels (>50 pg/i) can be performed using
GC’MS in place of the electron capture de-
tector. At levels below 50 pgIl, unequivocal
confirmation can only be performed by the
purge and trap technique using GC/MS (4, 5).
2.5 Standards dosed Into organic free
water ‘a nd the samples are extracted and
analyzed in an identical manner in order to
compensate for possible extraction losses.
2.6 The concentration of each
trihalomethane is summed and reported as
thtal trihalomethanes in pg/i.
Pt. 141, Subpt. C, App. C
3. Interferences
3.1 Impurities contained in the extracting
solvent usually account for the majority of
the analytical problems. Solvent blanks
should be analyzed before a new bottle of sol-
vent is used to extract samples. Indirect
daily checks on the extracting solvent are
obtained by monitoring the sample blanks
(6.4.10). Whenever an interference is noted In
the sample blank, the analyst should reana-
lyze the extracting solvent. The extraction
solvent should be discarded whenever a high
level (>10 jig/i) of interfering compounds are
traced to It. Low level interferences gen-
erally can be removed by distillation or col-
umn chromatography (6); however, it is gen-
erally more economical to obtain a new
source of solvent or select one of the ap-
proved alternative solvents listed in Section
5.1. Interference free solvent Is defined as a
solvent containing less than 0.4 pg/i Individ-
ual trihalomethane interference. Protect in-
terference-free solvents by storing in a non-
laboratory area known to be free of
organochlorine solvents. Subtracting blank
values is not recommended.
3.2 Several instances of accidental sample
contamination have been attributed to diffu-
sion of volatile organics through the septum
seal on the sample bottle during shipment
and storage. The sample blank (6.4.10) is used
to monitor for this problem.
3.3 This liquid/liquid extraction technique
efficiently extracts a wide boiling range of
non-polar organic compounds and, in addi-
tion, extracts the polar organic components
of the sample with varying efficiencies. In
order to perform the trihalomethane analy-
sis as rapidly as possible with sensitivities In
the low pg/I range, It is necessary to use the
semi-specific electron capture detector and
chromatographic columns which have rel-
atively poor resolving power. Because of
these concessions, the probability of experi-
encing chromatographic interferences is
high. Trihalomethanes are primarily prod-
ucts of the chlorination process and gen-
erally do not appear In the raw source water.
The absence of peaks in the raw source water
analysis with retention times similar to the
trihalomethanes is generally adequate evi-
dence of an Interference-free finished drink-
ing water analysis. Because of these possible
Interferences, in addition to each finished
drinking water analysis, a representative
raw source water (6.4.5) must be analyzed.
When potential interferences are noted in
the raw source water analysis, the alternate
chromatographic columns must be used to
reanalyze the sample set. If interferences are
still noted, qualitative identifications should
be performed according to Sections 2.3 and
2.4. If the peaks are confirmed to be other
than trihalomethanes and add significantly
to the total trihalomethane value In the fin-
ished drinking water analysis, then the sam- 1i3
-------
ru. u’u, uupu. ‘.., aq.p.
qu ‘...rR ‘__I1. I i—I V’ L JIuI%JIu1
pie set must be analyzed by the purge and
trap method (5).
4. Apparatus
4.1 Extraction vessel—A 15 ml total vol-
ume glass vessel with a Teflon lined screw-
cap is required to efficiently extract the
samples.
4.1.1 For samples that do not form emul-
sions 10 ml screw-cap flasks with a Teflon
faced septum (total volume Is ml) are rec-
ommended. Flasks and caps-.—Pierce—#13310
or equivalent. Septa-—Teflon silicone—Pierce
#12718 or equivalent.
4.1.2 For samples that form emulsions
(turbid source water) 15 ml screw cap cen-
trifuge tubes with a Teflon cap liner are rec-
ommended. Centrifuge tube—Corning 8062-15
or equivalent.
4.2 Sampling containers—40 ml screw cap
sealed with Teflon faced silicone septa. Vials
and caps—Pierce #13075 or equivalent.
Septa—Pierce #12722 or equivalent.
4.3 Micro syringes—b, 100 p.1.
4.4 Micro syringe—25 p1 with a 2-inch by
0.006-inch needle—Hamilton 702N or equiva-
lent.
4.5 Syrlnges—10 ml glass hypodermic with
luerlok tip (2 each).
4.6 Syringe valve—2-way with luer ends (2
each)—Hamilton #86570—1FM1 or equivalent.
4.7 Pipette—2.0 ml transfer.
4.8 Glass stoppered volumetric flasks—10
and 100 ml.
4.9 Gas chromatograph with linearized
electron capture detector. (Recommended
option—temperature programmable. See
Section 4.12.)
4.10 Column A—4 mm ID x 2m long glass
packed with 3% SP-1000 on Supelcoport (100/
120 mesh) operated at 50°C with 60 mlirnln
flow. (See Figure 1 for a sample chromato-
gram and Table 1 for retention data.)
4.11 Column B—2 mm ID x 2m long glass
packed with 10% scjualane on Chromosorb
WAW (80/100 mesh) operated at 67°C with 25
mi/mm flow. This column is recommended as
the primary analytical column.
Thchloroethylene, a common raw source
water contaminate, coelutes with
bromodichioromethane. (See Figure 2 for a
sample chromatogram and Table 1 for reten-
tion data.)
4.12 Column C—2 mm ID x 3m long glass
packed with 6% OV-1114% SP-2100 on
Supelcoport (100/120 mesh) temperature pro-
gram 45°C for 12 minutes, then program at 1°i
minute to 70°C wIth a 25 mI/mm flow. (See
Figure 3 for a sample chromatogram and
Table I for retention data.)
4.13 Standard storage containers—15 ml
amber screw-cap septum bottles with Teflon
faced silicone septa. Bottles and caps—
Pierce #19830 or equivalent. Septa—Pierce
#12716 or equivalent.
5. Reagents
5.1 Extraction solvent—(See 3.1). Rec-
ommended—Pentane . Alternative—hexane,
methylcyclohexane or 2,2,4-
trimethylpentane.
5.2 Methyl alcohol—ACS Reagent Grade.
5.3 Free and combined chlorine reducing
agents—Sodium thiosulfate ACS Reagent
Grade-sodium sulfite ACS Reagent Grade.
5.4 Activated carbon—Flltrasorb-—200,
available from Calgon Corporation, Pitts-
burgh, PA, or equivalent.
5.5 Standards.”
5.5.1 Bromoform 96%—available from Al-
drich Chemical Company.
5.5.2 Bromodichioromethane 97%—avail-
able from Aldrich Chemical Company.
5.5.3 Chlorodibromomethane—available
from Columbia Chemical, Incorporated, Co-
lumbia, S.C.
5.5.4 Chloroform 99%—available from Al-
drich Chemical Company.
5.6 Organic-free water—Organic-free
water is defined as water free of interference
when employed in the procedure described
herein.
5.6.1 Organic-free water is generated by
passing tap water through a carbon filter bed
containing carbon. Change the activated car-
bon whenever the concentration of any
trihalomethane exceeds 0.4 pg /i.
5.6.2 A Millipore Super-Q Water System
or its equivalent may be used to generate or-
ganic-free deionized water.
5.6.3 Organic-free water may also be pre-
pared by boiling water for 15 minutes. Subse-
quently, while maintaining the temperature
at 90° C, bubble a contaminant free inert gas
through the water at 100 mliminute for one
hour. While still hot, transfer the water to a
narrow mouth screw cap bottle with a Teflon
seal.
5.6.4 Test organic free water each day it Is
used by analyzing it according to Section 7.
5.7 Standard stock solutions.
apentane has been selected as the best sol-
vent for this analysis because it elutes, on
all of the columns, well before any of the
trihalomethanes. High altitudes or labora-
tory temperatures In excess of 75°F may
make the use of this solvent impractical. For
these reasons, alternative solvents are ac-
ceptable; however, the analyst may experi-
ence baseline variances in the elution areas
of the trihalomethanes due to coelution of
these solvents. The degree of difficulty ap-
pears to be dependent upon the design and
condition of the electron capture detector.
Such problems should be insignificant when
concentrations of the coeluting
trihalomethane are in excess of 5 tg/l.
bAs a precautionary measure, all standards
must be checked for purity by boiling point
determinations or GCIMS assays.
-------
- - e_ -e
, ___.— . —. - —,•.,_• —
5.7.1 Fill a 10.0 ml ground glass 8t Oppered
volumetric flask with approxImately 9.8 ml
of methyl alcohol.
5.7.2 Allow the flask to stand unstoppered
about 10 mInutes or until all alcohol wetted
surfaces dry.
5.7.3 Weigh the unstoppered flask to the
nearest 0.1 mg.
5.7.4 UsIng a 100 p.1 syringe, immediately
add 2 to 3 drops of the reference standard to
the flask, then reweigh. Be sure that the ref-
erence standard falls directly into the alcohol
without contacting the neck of the flask.
5.7.5 Dilute to volume, stopper, then mix
by Inverting the flask several times.
5.7.6 Transfer the standard solution to a
dated and labeled 15 ml screw-cap bottle with
a Teflon cap liner.
NOTE: Because of the toxicity of
trihalomethanes, it is necessary to prepare
primary dilutions in a hood. It is further rec-
ommended that a NIOSHJMESA-approved
toxic gas respirator be used when the analyst
handles high concentrations of such mate-
rials.
5.7.7 Calculate the concentration in
micrograms per microliter from the net gain
in weight.
5.7.8 Store the solution at 40 C.
NOTE: All standard solutions prepared In
methyl alcohol are stable up to 4 weeks when
stored under these conditions. They should
be discarded after that time has elapsed.
5.8 Aqueous calibration standard pre-
cautions.
5.8.1 In order to prepare accurate aqueous
standard solutions, the following precautions
must be observed:
a. Do not inject more than 20 p.1 of alco-
holic standards into 100 ml of organic-free
water.
b. Use a 25 p.1 Hamilton 702N microsyringe
or equivalent. (Variations in needle geom-
etry will adversely affect the ability to de-
liver reproducible volumes of methanolic
standards Into water.)
c. Rapidly inject the aloholic standard into
the expanded area of the filled volumetric
flask. Remove the needle as fast as possible
after Injection.
d. Mix aqueous standards by inverting the
flask three times only.
e. Discard the contents contained in the
neck of the flask. Fill the sample syringe
from the standard solution contained in the
expanded area of the flask as directed in Sec-
tion 7.
f. Never use pipets to dilute or transfer
samples and aqueous standards.
g. Aqueous standards, when stored with a
headspat e, are not stable and should be dis-
carded after one hour. Aqueous standards
can be stored according to Sections 6.4.9 and
7.2.
5.9.1 Prepare, from the standard stock so-
lutions, a multicomponent secondary dilu-
tion mixture in methyl alcohol so that a 20
p.1 injection into 100 ml of organic-free water
will generate a calibration standard which
produces a response close (± 25%) to that of
the unknown. (See 8.1.)
5.9.2 Alternative calibration procedure.
5.9.2.1 Construct a calibration curve for
each tribalomethane containing a minimum
of 3 different concentrations. Two of the con-
centrations must bracket each unknown.
5.9.3 Extract and analyze the aqueous
calibration standards in the same manner as
the unknowns.
5.9.4 Other calibration procedures (7)
which require the delivery of less than 20 p.1
of methanolic standard8 to 10.0 ml volumes
of water contained in the sample syringe are
acceptable only if the methanolic standard is
delivered by the solvent flush technique (8).
5.10 Quality Check Standard Mixture.
5.10.1 Prepare, from the standard stock
solutions, a secondary dilution mixture in
methyl alcohol that contains 10.0 ng/pi of
each compound. (See 5.7.6 and 5.7.8.)
5.10.2 Daily, prepare and analyze a 2.0 pg/
I aqueous dilution from this mixture by dos-
ing 20.0 p.1 Into 100 ml of organic-free water
(See Section 8.1).
6. Sample Collection and Handling.
6.1 The sample containers should have a
total volume of at least 25 ml.
6.1.1 Narrow-mouth screw-cap bottles
with the TFE fluorocarbon faced silicone
septa cap liners are strongly recommended.
6.2 Glassware Preparation.
6.2.1 Wash all sample bottles. TFE seals,
and extraction flasks in detergent. Rinse
with tap water and finally with distilled
water.
6.2.2 Allow the bottles and seals to air
dry, then place in an 105° C oven for 1 hour,
then allow to cool in an area known to be
free of organlcs.
NOTE: Do not heat the TFE seals for ex-
tended periods of time (>1 hour) because the
silicone layer slowly degrades at 105° C.
6.2.3 When cool, seal the bottles using the
TFE seals that will be used for sealing the
samples.
6.3 Sample stabilization—A chemical re-
ducing agent (Section 5.3) is added to all
samples in order to arrest the formation of
additional trihalomethanes after sample col-
lection (7,9) and to eliminate the possibility
of free chlorine reacting with impurities in
the extraction solvent to form interfering
organohalides. DO NOT ADD THE REDUC-
ING AGENT TO SAMPLES AT COLLECTION
TIME WHEN DATA FOR MAXIMUM
TRIHALOMETHANE FORMATION IS DE-
SIRED. If chemical stabilization is employed,
then the reagent Is also added to the blanks.
The chemical agent (2.5 to 3 rngI4O ml) is
5.9 Calibration standards.
-------
Pt. 141, Subpt. C, App. C
added in crystalline form to the empty sam-
pie bottle just prior to shipping to the sam-
11ng site. 1.1 chemical stabilization is not
mployed at sampling time then the reduc-
ing agent is added just before extraction.
6.4 Sample Collection.
6.4.1 Collect all samples in duplicate.
6.4.2 Fill the sample bottles in such a
manner that no air bubbles pass through the
sample as the bottle Is filled.
6.4.3 Seal the bottle so that no air bubbles
are entrapped In it.
6.4.4 MaintaIn the hermetic seal on the
sample bottle until analysis.
6.4.5 The raw source water sample history
should resemble the finished drinking water.
The average retention time of the finished
drinking water within the water plant
should be taken into account when sampling
the raw source water.
6.4.6 Sampling from a water tap.
6.4.6.1 Turn on the water and allow the
system to flush until the temperature of the
water has stabilized. Adjust the flow to
about 500 milminute and collect duplicate
samples from the flowing stream.
6.4.7 Sampling from an open body of
water.
6.4.7.1 Fill a 1-quart wide-mouth bottle
with sample from a representative area.
Carefully fill duplicate sample bottles from
the 1-quart bottle as in 6.4.
6.4.8 If a chemical reducing agent has
een added to the sample bottles, fill with
sample just to overflowing, seal the bottle,
and shake vigorously for 1 mInute.
6.4.9 Sealing practice for septum seal
screw cap bottles.
6.4.9.1 Open the bottle and fill to over-
flowing. Place on a level surface. Position
the TFE side of the septum seal upon the
convex sample meniscus and seal the bottle
by screwing the cap on tightly.
6.4.9.2 Invert the sample and lightly tap
the cap on a solid surface. The absence of en-
trapped air indicates a successful seal. If
bubbles are present, open the bottle, add a
few additional drops of sample, then reseal
bottle as above.
6.4.10 Sample blanks.
6.4.10.1 Prepare blanks in duplicate at the
laboratory by filling and sealing sample bot-
tles with organic-free water just prior to
shipping the sample bottles to the sampling
site.
6.4.10.2 If the sample is to be stabilized,
add an identical amount of reducing agent to
the blanks.
6.4.10.3 Ship the blanks to and from the
sampling site along with the sample bottles.
6.4.10.4 Store the blanks and the samples,
collected at a given site (sample set), to-
gether in a protected area known to be free
from contamination. A sample set is defined
as all the samples collected at a given site
(I.e.. at a water treatment plant, duplicate
raw source water, duplicate finished water
40 CFR cr . I (7—1--Y4 tatTIOfl)
and the duplicate sample blanks comprise
the sample set).
6.5 When samples are collected and stored
under these conditions, no measurable loss of
trihalomethanes has been detected over ex-
tended periods of time (7). It is recommended
that the samples be analyzed within 14 days
of collection.
7. Extraction and Analysis.
7.1 Remove the plungers from two l0-ml
syringes and attach a closed syringe valve to
each.
7.2 Open the sample bottle C (or standard)
and carefully pour the sample into one of the
syringe barrels until it overflows. Replace
the plunger and compress the sample. Open
the syringe valve and vent any residue air
while adjusting the sample volume to 10.0
ml. Close the valve.
7.3 Fill the second syringe In an identical
manner from the same sample bottle. This
syringe is reserved for a replicate analysis
(see 8.3 and 8.4).
7.4 Pipette 2.0 ml of extraction solvent
Into a clean extraction flask.
7.5 Carefully inject the contents of the sy-
ringe Into the extraction flask.
7.6 Seal with a Teflon faced septum.
7.7 Shake vigorously for 1 minute.
7.8 Let stand until the phases separate (560
seconds).
7.8.1 If the phases do not separate on
standing then centrifugatlon can be used to
facilitate separation.
7.9 Analyze the sample by injecting 3.0 p1
(solvent flush technique, (8)) of the upper (or-
ganic) phase into the gas chromatograph.
8. Analytical Quality Control.
8.1 A 2 pgIl quality check standard (See
5.10) should be extracted and analyzed each
day before any samples are analyzed. instru-
ment status checks and lower limit of detec-
tion estimations based upon response factor
calculations at 5 times the noise level are
obtained from these data. In addition, the
data obtained from the quality check stand-
ard can be used to estimate the concentra-
tion of the unknowns. From this information
the appropriate standards can be determined.
8.2 Analyze the sample blank and the raw
source water to monitor for potential inter-
ferences as described in Sections 3.1, 3.2, and
3.3.
8.3 Spiked samples.
8.3.1 For those laboratories analyzing
more than 10 samples a day, each 10th sam-
ple analyzed should be a laboratory-gen-
erated spike which closely duplicates the av-
C If for any reason the chemical reducing
agent has not been added to the sample, then
it must be added just prior to analyses at the
rate of 2.5 to 3 mg/40 ml or by adding 1 mg di-
rectly to the sample in the extraction flask.
1i ,
-------
Environmental Protection Agency
erage finished drinking water In
trihalomothane composition and concentra-
tion. Prepare the spiked sample in organic-
free water as described In Section 5.9.
8.3.2 In those laboratories analyzing less
than 10 samples daily, each time the analysis
is performed, anajyze at least one laboratory
generated spike sample which closely dupli-
cates the average finished thinking water in
trihalomethane composition and concentra-
tion. Prepare the spiked sample in organic-
free water as described in section 5.9.
8.3.3 Maintain an up-to-date log on the ac-
curacy and precision data collected in Sec-
tlons 8.3 and 8.4. II results are significantly
different than those cited in Section 10.1, the
analyst should check out the entire analysis
scheme to determine why the laboratory’s
precision and accuracy limits are greater.
8.4 Randomly select and analyze 10% of
all samples in duplicate.
8.5 Analyze all samples in duplicate which
appear to deviate more than 30% from any
established norm.
8.6 Quarterly, spike an EMSL-Cincinnatl
trihalomethane quality control sample into
organic-free water and analyze.
8.6.1 The results of the EMSL
trihalomethane quality control sample
should agree withIn 20% of the true value for
each trihalomethane. If they do not, the ana-
lyst must check each step in the standard
generation procedure to solve the problem.
8.7 It Is Important that the analyst be
aware of the linear response characteristics
of the electron capture system that is uti-
lized. Calibration curves should be generated
and rechecked quarterly for each
trthalomethane over the concentration range
encountered In the samples in order to con-
firm the linear response range of the system.
Quantitative data cannot be calculated from
non-linear responses. Whenever non-linear
responses are noted, the analyst must dilute
the sample for reanalysis.
8.8 MaIntain a record of the retention
times for each trihalomethane using data
gathered from spiked samples and standards.
8.8.1 Daily calculate the average reten-
tion time for each trihalomethane and the
variance encountered for the analyses.
8.8.2 if Individual trihalomethane reten-
tion time varies by more than 10% over an
eight hour period or does not fall within 10%
Pt. 141, Subpt. C, App. C
of an established norm, the system is “out of
control.” The source of retention data vari-
ation must be corrected before acceptable
data can be generated.
9. Calculations.
9.1 Locate each trihalomethane in the
sample chromatogram by comparing the re-
tention time of the suspect peak to the data
gathered in 8.8.1. The retention time of the
suspect peak must fall within the limits es-
tablished in 8.8.1 for a single column identi-
fication.
9.2 Calculate the concentration of each
trihalomethane by comparing the peak
heights or peak areas of the samples to those
of the standards. Round off the data to the
nearest j.ig/l or two significant figures.
Concentration, jigfl = sample peak height’
standard peak heightxstandard concentra-
tion, gfl.
9.3 Calculate the total trihalomethane
concentration (TTHM) by summing the 4 In-
dIvidual trlhalomethane concentrations in
ig1l: TTHM (jigIl) = (conc. CHC1 3 )+(conc.
CHBrC1 2 )+(conc. CHBr 2 CI)+(conc. CHBr 3 )
9.4 Calculate the limit of detection (LOD)
for each trihalomethane not detected using
the following criteria:
LOD ( A)
(AXAT1)
(BXATT) x (2 pg /I)
Where:
B = peak heIght (mm) of 2 igf1 quality check
standard
A = 5 times the noise level in mm at the
exact retention time of the
trihalomethane or the base line displace-
ment in mm from theoretical zero at the
exact retention time for the
trihalomethane.
ATI’ = attenuation factor.
9.5 Report the results obtained from the
lower limit of detection estimates along
with the data for the samples.
10. Precision and Accuracij
10.1 Single lab precision and accuracy.
The data in Table H were generated by spik-
ing organic-free water with trihalomethanes
as described in 5.9. The mixtures were ana-
lyzed by the analyst as true unknowns.
111
-------
TABLE 1—RETENTION TIMES FOR
TRIHALOMETHANES
TABLE 1—RETENTION TIMES FOR
TRIHALOMETHANES—COntinued
TABLE Il—SINGLE LABORATORY ACCURACY AND PRECISION
Compound
I
N t
Mean pgfl
Precision
relatrve
standard
—
Accuracy
percentre-
CHCI 3
CHC I 3
CHBCI 3 ..
CHBC Z
CHBr 2 CI
CHBr 2 C I ..
CHB i - ..
CHBr 3
9.1
69
1.2
12
2.7
17
2.9
14
5
3
5
2
5
3
5
3
10
73
1.3
15
2.0
16
2.2
16
11
5.3
9.8
1.4
17
9.9
10
12
110
106
108
125
74
94
76
114
REFERENCES
1. Mieure, J. P., “A Rapid and Sensitive
Method for Determining Volatile
‘)rganohalides in Water,” Journal AWWA, 69.
1977.
2. Reding, R., et al. “THM’s in Drinking
Water: Analysis by LLE and Comparison to
Purge and Trap”, Organics Analysis in Water
and Wastewater, STP 686 ASTM, 1979.
3. “Handbook for Analyticai Quailty Con-
trol in Water and Waste water Labora-
tories,” Analytical Quality Control Labora-
tory, National Environmental Research Cen-
ter, Cincinnati, Ohio, June 1972.
4. Budde, W. L., J. W. Eichelberger, “Or-
ganic Analysis Using Gas Chromatography-
Mass Spectrometry,” Ann Arbor Science,
Ann Arbor, Michigan, 1979.
5. “The Analysis of Trihalomethanes in
Finished Water by the Purge and Trap Meth-
od,” Environmental Monitoring and Support
Laboratory. Environmental Research Center,
Cincinnati, Ohio, 45268, May 15, 1979.
6. Richard J. J.; G. A. Junk, “Liquid Ex-
traction for Rapid Determination of
Halomethanes In Water, Journal AWWA, 69
62, January 1977.
7. Brass, H. J., et al., “National Organic
Monitoring Survey: Sampling and Purgeable
Organic Compounds, Drinking Water Quality
Through Source Protection,” R. B. Po asek,
Editor, Ann Arbor Science, p. 398, 1977.
8. White, L. D., et al. “Convenient Opti-
mized Method for the Analy8is of Selected
Solvent Vapors in Industrial Atmosphere,”
AIIiA Journal, Vol. 31, p. 225, 1970.
9. Kopfler, F. C., et al. “GC/MS Determina-
tion of Volatiles for the National Organics
Reconnaissance Survey (NORS) or Drinking
Water, Identification and Analysis of Or-
ganic Pollutants In Water,” L. H. Keith, Edi-
tor, Ann Arbor Science, p. 87, 1976.
Pt. 141, Subpt. C, App. C
Tnhalomethane
40 CFR Ch. I (7—1—94 EdItion)
Retention time minutes
Chloroform
Column Column Column
A B C
Chkwodibromomethane
1.0
1.5
2.6
1.3
d 2.5
5.6
4.9
11 0
23.1
Tnhalomethane
Retention time minutes
I
Column I Column i Column
Al BIG
I
5.5 10.9 39.4
(Dibromoch lorornethane)
bromoform
dOn this column, tnchloroothylene. a common raw source
water contaminate, coelutes with bromodichloromethane.
1l
-------
Environmental Protection Agency Pt. 141, Subpt. C, App. C
COLUMN PACKING: 3%SP4000
CARRIER GAS: 57. CH IN ARGON
CARRIER FLOW: 60 ML/MIN.
COLUMN TEMPERATURE 30C
DETECTOR: ELECTRON CAPTURE
0
V I
N
I - 0
2 — K
‘a’ *
-‘ Sal Z
O Z <
V I
— —
Lu
O
O
0
‘ .5
2°
RETENTION TIME IN MINUTES
FIGURE 1. FINISHED WATER EXTRACT
-------
Pt. 4 I, SUOPT. , App.
‘14.1 rrc ..is. S l S 7 ’
‘ L i
z
4
5-
‘La
0
0
0
0
I
U
TIME (mm)
COLUMN PACKING: 10%
SQUALANE CARRIER
FLOW: 25m1/min COLUMN
TEMPERATURE: 67
FIGURE 2. EXTRACT OF STANDARD
S . ”
z
4
I
5-
“I
0
0
I
U
0
0
0
‘a.
0
0
-a
U
512X
0
‘a.
0
0
256X
I . I I I I I I
0 1 2 3 4 5 6 7 8 9 101112
-------
I.Ilv II . •II I I II u I I I I•%#• a I 7
r.. s. I, UUIJ)Ji. %. . 1. IJIJ.
COLUMN PACKING:
CARRIER FLOW:
TEMPERATURE PROGRAM:
z
Lu
ZL&J
= uZ
— _J<
O —
O.c
o
-I
I
o -‘0
I
O
0
O
0
-J
I
0
I I I I $
5 10 15 20 25
TI ’v’tE (mm)
6% OV-11÷4% SP-2100
25 mI/mm
45°C-12 MINUTES
1°/MINUTE TO 70°C
0
0
0
__A__
I I
40 45
30 35
FiGURE 3. EXTRACT OF STANDARD
Lu
0
0
=
‘I )
4
‘U
z
0
4
U
Lu
2
‘U
-I
LU
z
4
I
‘U
0
0
O
“p..
0
=
U
I I I a
JLJ
-------
PART ifi—DETERMINATION OF MAXIMUM
TOTAL TRIHALOME FHANE POTENTIAL
(MTP)
The water sample used for this determina-
tion is taken from a point in the distribution
system that reflects maximum residence
time. Procedures for sample collection and
handling are given In EMSL Methods 501.1
and 501.2. No reducing agent is added to
“quench” the chemical reaction producing
THMs at the time of sample collection. The
intent is to permit the level of THM precur-
sors to be depleted and the concentration of
the THMs to be maximized for the supply
being tested.
Four experimental parameters affecting
maximum THM production are pH, tempera-
ture, reaction time and the presence of a dis-
infectant residual. These parameters are
dealt with as follows:
Measure the disinfectant residual at the
selected sampling point. Proceed only if a
measurable disinfectant residual Is present.
Collect triplicate 40 ml water samples at the
pH prevailing at the time of sampling, and
prepare a method blank according to the
EMSL methods. Seal and store these samples
together for 7 days at 25°C or above. After
this time period, open one of the sample con-
tainers and check for disinfectant residual.
Absence of a disinfectant residual invali-
dates the sample for further analyses. Once a
disinfectant residual has been demonstrated,
open another of the sealed samples and de-
termine total THM concentro.tion using ei-
ther of the EMSL analytical methods.
(44 FR 68672, Nov. 29. 1979)
Subpart D—Reporting, Public
Notification and Recordkeeping
§ 141.31 Reporting requirements.
(a) Except where a shorter period is
specified in this part, the supplier of
water shall report to the State the re-
sults of any test measurement or anal-
ysis required by this part within (1)
The first ten days following the month
in which the result is received, or (2)
the first ten days following the end of
the required monitoring period as stip-
ulated by the State, whichever of these
is shortest.
(b) Except where a different reporting
period is specified in this part, the sup-
plier of water must report to the State
within 48 hours the failure to comply
with any national primary drinking
water regulation (including failure to
comply with monitoring requirements)
set forth in this part.
(C) The supplier of water is not re-
quired to report analytical results to
the State in cases where a State lab-
oratory performs the analysis and re-
ports the results to the State office
which would normally receive such no-
tification from the supplier.
(d) The water supply system, within
ten days of completion of each public
notification required pursuant to
§ 141.32, shall submit to the State a rep-
resentative copy of each type of notice
distributed, published, posted, andior
made available to’ the persons served
by the system andJor to the media.
(e) The water supply system shall
submit to the State within the time
stated in the request copies of any
records required to be maintained
under §141.33 hereof or copies of any
documents then in existence which the
State or the Administrator is entitled
to inspect pursuant to the authority of
section 1445 of the Safe Drinking Water
Act or the equivalent provisions of
State law.
[ 40 FR 59570, Dec. 24, 1975, as amended at 45
FR 57345, Aug. 27, 1980]
§ 141.32 Public notification.
The requirements in this section are
effective April 28, 1 89. The require-
ments of § 141.36 apply until April 28,
1989.
(a) Maximum contaminant level (MCL),
treatment technique, and variance and
exemption schedule violations. The owner
or operator of a public water system
which fails to comply with an applica-
ble MCL or treatment technique estab-
lished by this part or which falls to
comply with the requirements of any
schedule prescribed pursuant to a vari-
ance or exemption, shall notify persons
served by the system as follows:
(1) Except as provided in paragraph
(a)(3) of this section, the owner or oper-
ator of a public water system must
give notice:
(i) By publication in a daily news-
paper of general circulation in the area
served by the system as soon as pos-
sible, but in no case later than 14 days
after the violation or failure. If the
area served by a public water system is
not served by a daily newspaper of gen-
eral circulation, notice shall instead be
given by publication in a weekly news-
1zz
-------
Environmental rroiection agency
14l.3.
paper of general circulation serving the
area; and
(ii) By mall delivery (by direct mail
or with the water bill), or by hand de-
livery, not later than 45 days after the
violation or failure. The State may
waive mail or hand delivery if it deter-
mines that the owner or operator of
the public water system in violation
has corrected the violation or failure
within the 45-day period. The State
must make the waiver in writing and
within the 45-day period; and
(iii) For violations of the MCLs of
contaminants that may pose an acute
risk to human health, by furnishing a
copy of the notice to the radio and tel-
evision stations serving the area served
by the public water system as soon as
possible but in no case later than 72
hours after the violation. The following
violations are acute violations:
(A) Any violations specified by the
State as posing an acute risk to human
health.
(B) Violation of the MCL for nitrate
or nitrite as defined In § 141.62 and de-
termined according to § 141.23(i)(3).
(C) Violation of the MCL for total
coliforms, when fecal coliforms or E.
coil are present in the water distribu-
tion system, as specified in §141.63(b).
(D) Occurrence of a waterborne dis-
ease outbreak, as defined in § 141.2, in
an unfiltered system subject to the re-
quirements of subpart H of this part,
after December 30, 1991 (see
§ 141.71(b)(4)).
(2) Except as provided in paragraph
(a)(3) of this section, followIng the ini-
tial notice given under paragraph (a)(1)
of this section, the owner or operator
of the public water system must give
notice at least once every three
months by mail delivery (by direct
mail or with the water bill) or by hand
delivery, for as long as the violation or
failure exists.
(3)(i) In lieu of the requirements of
paragraphs (a) (1) and (2) of this sec-
tion, the owner or operator of a com-
munity water system in an area that is
not served by a daily or weekly news-
paper of general circulation must give
notice by hand delivery or by continu-
ous posting in conspicuous places with-
in the area served by the system. No-
tice by hand delivery or posting must
begin as soon as possible, but no later
than 72 hours after the violation or
failure for acute violations (as defined
in paragraph (a)(1)(iil) of this section),
or 14 days after the violation or failure
(for any other violation). Posting must
continue for as long as the violation or
failure exists. Notice by hand delivery
must be repeated at least every three
months for as long as the violation or
failure exists.
(Ii) In lieu of the requirements of
paragraphs (a) (1) and (2) of this sec-
tion, the owner or operator of a non-
community water system may give no-
tice by hand delivery or by continuous
posting in conspicuous places within
the area served by the system. Notice
by hand delivery or posting must begin
as soon as possible, but no later than 72
hours after the violation or failure for
acute violations (as defined in para-
graph (a)(1)((iii) of this section), or 14
days after the violation or failure (for
any other violation). Posting must con-
tinue for as long as the violation or
failure exists. Notice by hand delivery
must be repeated at least every three
months for as long as the violation or
failure exists.
(b) Other violations, variances, exemp-
tions. The owner or operator of a public
water system which fails to perform
monitoring required by section 1445(a)
of the Act (including monitoring re-
qu.lred by the National Primary Drink-
ing Water Regulations (NPDWR5) of
this part), fails to comply with a test-
ing procedure established by this part,
is subject to a variance granted under
section 1415(a)(1)(A) or 1415(a)(2) of the
Act, or is subject to an exemption
under section 1416 of the Act, shall no-
tify persons served by the system as
follows:
(1) Except, as provided in paragraph
(b)(3) or (b)(4) of this section, the owner
or operator of a public water system
must give notice within three months
of the violation or granting of a vari-
ance or exemption by publication in a
daily newspaper of general circulation
in the area served by the system. If the
area served by a public water system is
not served by a daily newspaper of gen-
eral circulation, notice shall instead be
given by publication in a weekly news-
paper of general circulation serving the
area. 123
-------
‘w ...ric ...ui. s ,—i—y’. cuiisjsu,
(2) Except as provided in paragraph
(b)(3) or (b)(4) of this section, following
the initial notice given under para-
graph (b)(1) of this section, the owner
or operator of the public water system
must give notice at least once every
three months by mail delivery (by di-
rect mall or with the water bill) or by
hand delivery, for as long as the viola-
tion exists. Repeat notice of the exist-
ence of a variance or exemption must
be given every three months for as long
as the variance or exemption remains
in effect.
(3) (1) ft lieu of the requirements of
paragraphs (b)(1) and (b)(2) of this sec-
tion, the owner or operator of a com-
munity water system in an area that is
not served by a daily or weekly news-
paper of general circulation must give
notice, within three months of the vio-
lation or granting of the variance or
exemption, by hand delivery or by con-
tinuous posting in conspicuous places
with the area served by the system.
Posting must continue for as long as
the violation exists or a variance or ex-
emption remains in effect. Notice by
hand delivery must be repeated at least
every three months for as long as the
violation exists or a variance or ex-
emption remains in effect.
(ii) In lieu of the requirements of
paragraphs (b)(1) and (b)(2) of this sec-
tion, the owner or operator of a non-
Community water system may give no-
tice, within three months of the viola-
tion or the granting of the variance or
exemption, by hand delivery or by con-
tinuous posting in conspicuous places
within the area served by the system.
Posting must continue for as long as
the violation exists, or a variance or
exemption remains in effect. Notice by
hand delivery must be repeated at least
every three months for as long as the
violation exists or a variance or ex-
emption remains in effect.
(4) In lieu of the requirements of
paragraphs (b)(1), (b)(2), and (b)(3) of
this section, the owiier or operator of a
public water system, at the discretion
of the State. may provide less frequent
notice for minor monitoring violations
as defin d by the State, if EPA has ap-
proved the State’s application for a
program revision under § 142.16. Notice
of such violations must be given no less
frequently than annually.
(C) Notice to new billzng units. The
owner or operator of a community
water system must give a copy of the
most recent public notice for any out-
standing violation of any maximum
contaminant level, or any treatment
technique requirement, or any variance
or exemption schedule to all new bill-
ing units or new hookups prior to or at
the time service begins.
(d) General content of public notice.
Each notice required by this section
must provide a clear and readily under-
standable explanation of the violation,
any potential adverse health effects,
the popuiatlon at risk, the steps that
the public water system is taking to
correct such violation, the necessity
for seeking alternative water supplies,
if any, and any preventive measures
the consumer should take until the
violation is corrected. Each notice
shall be conspicuous and shall not con-
tain unduly technical language, unduly
small print, or similar problems that
frustrate the purpose of the notice.
Each notice shall include the telephone
number of the owner, operator, or des-
ignee of the public water system as a
source of additional information con-
cerning the notice. Where appropriate,
the notice shall be multi-lingual.
(e) Mandatory health effects language.
When providing the information on po-
tential adverse health effects required
by paragraph (d) of this section in no-
tices of violations of maximum con-
taminant levels or treatment tech-
nique requirements, or notices of the
granting or the continued existence of
exemptions or variances, or notices of
failure to comply with a variance or
exemption schedule, the owner or oper-
ator of a public water system shall In-
clude the language specified below for
each contaminant. (If language for a
particular contaminant is not specified
below at the time notice is required,
this paragraph does not apply.)
(1) Tr chloroethylene. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
trichloroethylene is a health concern
at certain levels of exposure. This
chemical is a common metal cleaning
and dry cleaning fluid. It generally
gets into drinking water by improper
waste disposal. This chemical has been
‘7 LJ
-------
shown to cause cancer in laboratory
animals such as rats and mice when
the animals are exposed at high levels
over their lifetimes. Chemicals that
cause cancer in laboratory animals
also may increase the risk of cancer in
humans who are exposed at lower lev-
els over long periods of time. EPA has
set forth the enforceable drinking
water standard for trichioroethylene at
0.005 parts per million (ppm) to reduce
the risk of cancer or other adverse
health effects which have been ob-
served in laboratory animals. Drinking
water which meets this standard is as-
sociated with little to none of this risk
and should be considered safe.
(2) Carbon tetrachioride. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that car-
bon tetrachioride is a health concern
at certain levels of exposure. This
chemical was once a popular household
cleaning fluid. It generally gets into
drinking water by improper waste dis-
posal. This chemical has been shown to
cause cancer In laboratory animals
such as rats and mice when the ani-
mals are exposed at high levels over
their lifetimes. Chemicals that cause
cancer in laboratory animals also may
increase the risk of cancer in humans
who are exposed at lower levels over
long periods of of time. EPA has set
the enforceable drinking water stand-
ard for carbon tetrachloride at 0.005
parts per million (ppm) to reduce the
risk of cancer or other adverse health
effects which have been observed In
laboratory animals. Drinking water
which meets this standard is associated
with little to none of this risk and
should be considered safe.
(3) 1,2-Dlchioroethane. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that 1,2-
dichioroethane is a health concern at
certain levels of exposure. This chemi-
cal is used as a cleaning fluid for fats,
oils, waxes, and resins. It generally
gets Into drinking water from improper
waste disposal. This chemical has been
shown to cause cancer in laboratory
animars such as rats and mice when
the animals are exposed at high levels
over their lifetimes. Chemicals that
cause cancer in laboratory animals
also may Increase the risk of cancer in
humans who are exposed at lower lev-
els over long periods of time. EPA has
set the enforceable drinking water
standard for 1,2-dichioroethane at 0.005
parts per million (ppm) to reduce the
risk of cancer or other adverse health
effects which have been observed in
laboratory animals. Drinking water
which meets this standard is associated
with little to none of this risk and
should be considered safe.
(4) Vinyl chloride. The United States
Environmental Protection Agency
(EPA) sets drinking water standards
and has determined that vinyl chloride
is a health concern at certain levels of
exposure. This chemical is used in in-
dustry and is found in drinking water
as a result of the breakdown of related
solvents. The solvents are used as
cleaners and degreasers of metals and
generally get into drinking water by
improper waste disposal. This chemical
has been associated with significantly
Increased risks of cancer among cer-
tain industrial workers who were ex-
posed to relatively large amounts of
this chemical during their working ca-
reers. This chemical has also been
shown to cause cancer in laboratory
animals when the animals are exposed
at high levels over their lifetimes.
Chemicals that cause increased risk of
cancer among exposed industrial work-
ers and in laboratory animals also may
increase the risk of cancer in humans
who are exposed at lower levels over
long periods of time. EPA has set the
enforceable drinking water standard
for vinyl chloride at 0.002 part per mil-
lion (ppm) to reduce the risk of cancer
or other adverse health effects which
have been observed in humans and lab-
oratory animals. Drinking water which
meets this standard is associated with
little to none of this risk and should be
considered safe.
(5) Benzene. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that benzene is a health
concern at certain levels of exposure.
This chemical is used as a solvent and
degreaser of metals. It is also a major
component of gasoline. Drinking water
contamination generally results from
leaking undergound gasoline and petro-
leum tanks or improper waste disposal. 7 ,z5
-------
I S
This chemical has been associated with
significantly increased risks of leuke-
¶a among certain industrial workers
no were exposed to relatively large
amounts of this chemical during their
working careers. This chemical has
also been shown to cause cancer in lab-
oratory animals when the animals are
exposed at high levels over their life-
times. Chemicals that cause increased
risk of cancer among exposed indus-
trial workers and in laboratory ani-
mals also may increase the risk of can-
cer in humans who are exposed at
lower levels over long periods of time.
EPA has set the enforceable drinking
water standard for benzene at 0.005
parts per million (ppm) to reduce the
risk of cancer or other adverse health
effects which have been observed in hu-
mans and laboratory animals. Drinking
water which meets this standard is as-
sociated with little to none of this risk
and should be considered safe.
(6) 1,1-Dichioroethyjiene. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that 1,1-
‘Ichioroethylene Is a health concern at
artain levels of exposure. This chemi-
cal is used in industry and is found in
drinking water as a result of the break-
down of related solvents. The solvents
are used as cleaners and degreasers of
metals and generally get into drinking
water by improper waste disposal. This
chemical has been shown to cause liver
and kidney damage in laboratory ani-
mals such as rats and mice when the
animals are exposed at high levels over
their lifetimes. Chemicals which cause
adverse effects in laboratory animals
also may cause adverse health effects
in humans who are exposed at lower
levels over long periods of time. EPA
has set the enforceable drinking water
standard for l,l-dichloroethylene at
0.007 parts per million (ppm) to reduce
the risk of these adverse health effects
which have been observed in laboratory
animals. Drinking water which meets
this standard is associated with little
to none of this risk and should be con-
sidered safe.
(7) Paza-dichlorobenzene. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
para-dllchlorobenzene is a health con-
cern at certain levels of exposure. This
chemical is a component of deodor-
izers, moth balls, and pesticides. It
generally gets into drinking water by
improper waste disposal. This chemical
has been shown to cause liver and kid-
ney damage in laboratory animals such
as rats and mice when the animals are
exposed to high levels over their life-
times. Chemicals which cause adverse
effects In laboratory animals also may
cause adverse health effects in humans
who are exposed at lower levels over
long periods of time. EPA has set the
enforceable drinking ‘water standard
for para-thchlorobenzene at 0.075 parts
per million (ppm) to reduce the risk of
these adverse health effects which have
been observed in laboratory animals.
Drinking water which meets this
standard is associated with little to
none of this risk and should be consid-
ered safe.
(8) 1,1 ,1-Trichloroethane. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that the
l,1,l-trichloroethane Is a health con-
cern at certain levels of exposure. This
chemical is used as a cleaner and
degrea.ser of metals. It generally gets
into drinking water by improper waste
disposal. This chemical has been shown
to damage the liver, nervous system,
and circulatory system of laboratory
animals such as rats and mice when
the animals are exposed at high levels
over their lifetimes. Some industrial
workers who were exposed to relatively
large amounts of this chemical during
their working careers also suffered
damage to the liver, nervous system,
and circulatory system. Chemicals
which cause adverse effects among ex-
posed industrial workers and In labora-
tory animals also may cause adverse
health effects in humans who are ex-
posed at lower levels over long periods
of time. EPA has set the enforceable
drinking water standard for 1,1,1-
trichioroethane at 0.2 parts per million
(ppm) to protect against the risk of
these adverse health effects which have
been observed in humans and labora-
tory animals. Drinking water which
meets this standard is associated with
little to none of this risk and should be
considered safe.
(9) Fluoride.
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Environmental Protection Agency
§ 141.32
[ NOTE: EPA Is not specifying language that
must be included in a public notice for a vio-
lation of the fluoride maximum contaminant
level in this section because §143.5 of this
part includes the necessary Information. See
paragraph (f) of this section.]
(10) MicrobiologIcal contaminants (for
use when there is a violation of the
treatment technique requirements for
filtration and disinfection in Subpart H
of this part). The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that the presence of
microbiological contaminants are a
health concern at certain levels of ex-
posure. If water is inadequately treat-
ed, microbiological contaminants in
that water may cause disease. Disease
symptoms may Include diarrhea,
cramps, nausea, and possibly jaundice,
and any associated headaches and fa-
tigue. These symptoms, however, are
not just associated with disease-caus-
ing organisms in drinking water, but
also may be caused by a number of fac-
tors other than your drinking water.
EPA has set enforceable requirements
for treating drinking water to reduce
the risk of these adverse health effects.
Treatment such as filtering and dis-
infecting the water removes or de-
stroys microbiological contaminants.
Drinking water which is treated to
meet EPA requirements is associated
with little to none of this risk and
should be considered safe.
(11) Total coliforms (To be used when
there is a violation of §141.63(a), and
not a violation of § 141.63(b)). The Unit-
ed States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that the
presence of total coliforms is a possible
health concern. Total coliforms are
common in the environment and are
generally not harmful themselves. Tife
presence of these bacteria in drinking
water, however, generally is a result of
a problem with water treatment or the
pipes which distribute the water, and
indicates that the water may be con-
taminated with organisms that can
cause disease. Disease symptoms may
Include diarrhea, cramps, nausea, and
possibly jaundice, and any associated
headaches and fatigue. These symp-
toms, however, are not just associated
with disease-causing organisms in
drinking water, but also may be caused
by a number of factors other than your
drinking water. EPA has set an en-
forceable drinking water standard for
total coliforms to reduce the risk of
these adverse health effects. Under this
standard, no more than 5.0 percent of
the samples collected during a month
can contain these bacteria, except that
systems collecting fewer than 40 sam-
ples/month that have one total coli-
form-positive sample per month are
not violating the standard. Drinking
water which meets this standard is
usually not associated with a health
risk from disease-causing bacteria and
should be considered safe.
(12) Fecal Coiiforms/E. coil (To be used
when there is a violation of § 141.63(b)
or both §141.63 (a) and (b)). The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that the
presence of fecal coliforms or E. coil is
a serious health concern. Fecal coli-
forms and E. coiz are generally not
harmful themselves, but their presence
in drinking water is serious because
they usually are associated with sew-
age or animal wastes. The presence of
these bacteria in drinking water is gen-
erally a result of a problem with water
treatment or the pipes which distribute
the water, and indicates that the water
may be contaminated with organisms
that can cause disease. Disease symp-
toms may include diarrhea, cramps,
nausea, and possibly jaundice, and as-
sociated headaches and fatigue. These
symptoms, however, are not just asso-
ciated with disease-causing organisms
in drinking water, but also may be
caused by a number of factors other
than your drinking water. EPA has set
an enforceable drinking water standard
for fecal coliforms and E. coil to reduce
the risk of these adverse health effects.
Under this standard all drinking water
samples must be free of these bacteria.
Drinking water which meets this
standard is associated with little or
none of this risk and should be consid-
ered safe. State and local health au-
thorities recommend that consumers
take the following precautions: [ To be
inserted by the public water system,
according to instructions from State or
local authorities).
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§ 141.32
40 CFR Ch. I (7—1—94 Edition)
(13) Lead. The United States Environ-
mental Protection Agency (EPA) sets
drinking water standards and has de-
termined that lead is a health concern
at certain exposure levels. Materials
that contain lead have frequently been
used In the construction of water sup-
ply distribution systems, and plumbing
systems in private homes and other
buildings. The most commonly found
materials include service lines, pipes,
brass and bronze fixtures, and solders
and fluxes. Lead in these materials’can
contaminate drinking water as a result
of the corrosion that takes place when
water comes into contact with those
materials. Lead can cause a variety of
adverse health effects in humans. At
relatively low levels of exposure, these
effects may include interference with
red blood cell chemistry, delays in nor-
mal physical and mental development
in babies and young children, slight
deficits in the attention span, hearing,
and learning abilities of children, and
slight increases in the blood pressure of
some adults. EPA’s national primary
drinking water regulation requires all
public water systems to optimize cor-
rosion control to minimize lead con-
tamination resulting from the corro-
sion of plumbing materials. Public
water systems serving 50,000 people or
fewer that have lead concentrations
below 15 parts per billion (ppb) in more
than 90% of tap water samples (the
EPA “action level”) have optimized
their corrosion control treatment. Any
water system that exceeds the action
level must also monitor their source
water to determine whether treatment
to remove lead in source water is need-
ed. Any water system that continues to
exceed the action level after installa-
tion of corrosion control and/or source
water treatment must eventually re-
place all lead service lines contributing
in excess of 15 (ppb) of lead to drinking
water. Any water system that exceeds
the action level must also undertake a
public education program to inform
consumers of ways they can reduce
their exposure to potentially high lev-
els of lead In drinking water.
(14) bopper. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that copper is a health con-
cern at certain exposure levels. Copper.
a reddish-brown metal, is often used to
plumb residential and commercial
structures that are connected to water
distribution systems. Copper contami-
nating drinking water as a corrosion
byproduct occurs as the result of the
corrosion of copper pipes that remain
in contact with water for a prolonged
period of time. Copper is an essential
nutrient, but at high doses it has been
shown to cause stomach and intestinal
distress, liver and kidney damage, and
anemia. Persons with Wilson’s disease
may be at a higher risk of health ef-
fects due to copper than the general
public. EPA’S national primary drink-
ing water regulation requires all public
water systems to install optimal corro-
sion control to minimize copper con-
tamination resulting from the corro-
sion Qf plumbing materials. Public
water systems serving 50,000 people or
fewer that have copper concentrations
below 1.3 parts per million (ppm) in
more than 90% of tap water samples
(the EPA “action level”) are not re-
quired to install or improve their
treatment. Any water system that ex-
ceeds the action level must also mon-
itor their source water to determine
whether treatment to remove copper in
source water is needed.
(15) Asbestos. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has,
determined that asbestos fibers greater
than 10 micrometers in length are a
health concern at certain levels of ex-
posure. Asbestos is a naturally occur-
ring mineral. Most asbestos fibers in
drinking water are less than 10 mi-
crometers in length and occur in drink-
ing water from natural sources and
from corroded asbestos-cement pipes in
the distribution system. The major
uses of asbestos were in the production
of cements, floor tiles, paper products,
paint, and caulking; in transportation-
related applications; and in the produc-
tion of textiles and plastics. Asbestos
was once a popular insulating and fire
retardent material. Inhalation studies
have shown that various forms of as-
bestos have produced lung tumors in
laboratory animals. The available in-
formation on the risk of developing
gastrointestinal tract cancer associ-
ated with the ingestion of asbestos
from drinking water is limited. Inges-
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C I IVIIUS SI S S S II%JI I I I%dI I S % I I 7
Mon of intermediate-range chrysotile
asbestos fibers greater than 10 microm-
eters in length is associated with caus-
Ing benign tumors in male rats. Chemi-
cals that cause cancer in laboratory
animals also may increase the risk of
cancer in humans who are exposed over
long periods of time. EPA has set the
drinking water standard for asbestos at
7 million long fibers per liter to reduce
the potential risk of cancer or other
adverse health effects which have been
observed in laboratory animals. Drink-
ing water which meets the EPA stand-
ard is associated with little to none of
this risk and should be considered safe
with respect to asbestos.
(16) Barium. The United States Envi-
ronment,al Protection Agency (EPA)
sets drinking water stand4.rds and has
determined that barium is a health
concern at certain levels of exposure.
This inorganic chemical occurs natu-
rally in some aquifers that serve as
sources of ground water. It is also used
in oil and gas drilling muds, auto-
motive paints, bricks, tiles and jet
fuels. It generally gets into drinking
water after dissolving from naturally
occurring minerals in the ground. This
chemical may damage the heart and
cardiovascular system, and is associ-
ated with high blood pressure in lab-
oratory animals such as rats exposed
to high levels during their lifetimes. In
humans, EPA believes that effects from
barium on blood pressure should not
occur below 2 parts per million (ppm)
in drinking water. EPA has set the
drinking water standard for barium at
2 parts per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water that meets the
EPA standard is associated with little
to none of this risk and Is considered
safe with respect to barium.
(17) Cadmium. The United States En-
vironmental Protection Agency (EPA)
sets drinking water standards and has
determined that cadmium is a health
concern at certain levels of exposure.
Food and the smoking of tobacco are
common sources of general exposure.
This inorganic metal is a contaminant
in the metals used to galvanize pipe. It
generally gets into water by corrosion
of galvanized pipes or by improper
waste disposal. This chemical has been
shown to damage the kidney in ani-
mals such as rats and mice when the
animals are exposed at high levels over
their lifetimes. Some Industrial work-
ers who were exposed to relatively
large amounts of this chemical during
working careers also suffered damage
to the kidney. EPA has set the drink-
ing water standard for cadmium at
0.005 parts per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water that meets the
EPA standard is associated with little
to none of this risk and is considered
safe with respect to cadmium.
(18) Chromium. The United States En-
vironmental Protection Agency (EPA)
sets drinking water standards and has
determined that chromium is a health
concern at certain levels of exposure.
This inorganic metal occurs naturally
in the ground and is often used in the
electroplating of metals. It generally
gets into water from runoff from old
mining operations and improper waste
disposal from plating operations. This
chemical has been shown to damage
the kidney, nervous system, and the
circulatory system of laboratory ani-
mals such as rats and mice when the
animals are exposed at high levels.
Some humans who were exposed to
high levels of this chemical suffered
liver and kidney damage, dermatitis
and respiratory problems. EPA has set
the drinking water standard for chro-
mium at 0.1 parts per million (ppm) to
protect against the risk of these ad-
verse health effects. Drinking water
that meets the EPA standard Is associ-
ated with little to none of this risk and
Is considered safe with respect to chro-
mium.
(19) Mercur j. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that mercury is a health
concern at certain levels of exposure.
This inorganic metal is used in elec-
trical equipment and some water
pumps. It usually gets into water as a
result of improper waste disposal. This
chemical has been shown to damage
the kidney of laboratory animals such
as rats when the animals are exposed
at high levels over their lifetimes. EPA
has set the drinking water standard for
mercury at 0.002 parts per million
(ppm) to protect against the risk of
these adverse health effects. Drinking
12q
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§ 141.32
40 CFR Ch. I (7—1—94 EditIon)
water that meets the EPA standard is
associated with little to none of this
risk and is considered safe with respect
to mercury.
(20) Nitrate. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that nitrate poses an acute
health concern at certain levels of ex-
posure. Nitrate is used in fertilizer and
is found in sewage and wastes from
human and/or farm animals and gen-
erally gets Into drinking water from
those activities. Excessive levels of ni-
trate In drinking water have caused se-
rious illness and sometimes death In
Infants under six months of age. The
serious illness in infants 18 caused be-
cause nitrate is converted to nitrite in
the body. Nitrite Interferes with the
oxygen carrying capacity of the child’s
blood. This is an acute disease in that
symptoms can develop rapidly in in-
fants. In most cases, health deterio-
rates over a period of days. Symptoms
Include shortness of breath and blue-
ness of the skin. Clearly, expert medi-
cal advice should be sought imme-
diately If these symptoms occur. The
purpose of this notice is to encourage
parents and other responsible parties
to provide Infants with an alternate
source of drinking water. Local and
State health authorities are the best
source for information concerning al-
ternate sources of drinking water for
infants. EPA has set the drinking
water standard at 10 parts per million
(ppm) for nitrate to protect against the
risk of these adverse effects. EPA has
also set a drinking water standard for
nitrite at 1 ppm. To allow for the fact
that the toxicity of nitrate and nitrite
are additive, EPA has also established
a standard for the sum of nitrate and
nitrite at 10 ppm. Drinking water that
meets the EPA standard is associated
with little to none of this risk and is
considered safe with respect to nitrate.
(21) Nitrite. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that nitrite poses an acute
health concern at certain levels of ex-
posure. This inorganic chemical is used
in fertilizers and is found in sewage and
wastes from humans andior farm ani-
mals and generally gets into drinking
water as a result of those activities.
While excessive levels of nitrite in
drinking water have not been observed,
other sources of nitrite have caused se-
rious illness and sometimes death in
infants under six months of age. The
serious illness in infants is caused be-
cause nitrite Interferes with the oxy-
gen carrying capacity of the child’s
blood. This Is an acute disease in that
symptoms can develop rapidly. How-
ever, in most cases, health deteriorates
over a period of days. Symptoms in-
clude shortness of breath and blueness
of the skin. Clearly, expert medical ad-
vice should be sought immediately if
these symptoms occur. The purpose of
this notice is to encourage parents and
other responsible parties to provide in-
fants with an alternate source of drink-
ing water. Local and State health au-
thorities are the best source for infor-
mation concerning alternate sources of
drinking water for infants. EPA has set
the drinking water standard at 1 part
per million (ppm) for nitrite to protect
against the risk of these adverse ef-
fects. EPA has also set a drinking
water standard for nitrate (converted
to nitrite in humans) at 10 ppm and for
the sum of nitrate and nitrite at 10
ppm. Drinking water that meets the
EPA standard is associated with little
to none of this risk and is considered
safe with respect to nitrite.
(22) Selenium. The United States En-
vironmental Protection Agency (EPA)
sets drinking water standards and has
determined that selenium is a health
concern at certain high levels of expo-
sure. Selenium Is also an essential nu-
trient at low levels of exposure. This
inorganic chemical is found naturally
in food and soils and is used in elec-
tronics. photocopy operations, the
manufacture of glass, chemicals, drugs,
and as a fungicide and a feed additive.
In humans, exposure to high levels of
selenium over a long period of time has
resulted in a number of adverse health
effects, including a loss of feeling and
control in the arms and legs. EPA has
set the drinking water standard for se-
lenium at 0.05 parts per million (ppm)
to protect against the risk of these ad-
verse health effects. Drinking water
that meets the EPA standard is associ-
ated with little to none of this risk and
is considered safe with respect to sele-
fli urn.
-73
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(23) Acrylamicle. The United States
Environmental Protection Agency
(EPA) sets drinking water standards
and has determined that acrylamide is
a health concern at certain levels of
exposure. Polymers made from acryl-
amide are sometimes used to treat
water supplies to remove particulate
contaminants. Acrylamide has been
shown to cause cancer in laboratory
animals such as rats and mice when
the animals are exposed at high levels
over their lifetimes. Chemicals that
cause cancer in laboratory animals
also may increase the risk of cancer in
humans who are exposed over long pe-
riods of time. Sufficiently large doses
of acrylamide are known to cause neu-
rological injury. EPA has set the
drinking water standard for acrylamide
using a treatment technique to reduce
the risk of cancer or other adverse
health effects which have been ob-
served in laboratory animals. This
treatment technique limits the amount
of acrylamide in the polymer and the
amount of the polymer which may be
added to drinking water to remove par-
ticulates. Drinking water systems
which comply with this treatment
technique have little to no risk and are
considered safe with respect to acryl-
amide.
(24) Alachl r. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that alachior is a health
concern at certain levels of exposure.
This organic chemical is a widely used
pesticide. When soil and climatic con-
ditions are favorable, alachlor may get
into drinking water by runoff into sur-
face water or by leaching into ground
water. This chemical has been shown
to cause cancer in laboratory animals
such as rats and mice when the ani-
mals are exposed at high levels over
their lifetimes. Chemicals that cause
cancer in laboratory animals also may
increase the risk of cancer in humans
‘who are e!posed over long periods of
time. EPA has set the drinking water
standard for alachior at 0.002 parts per
mllllon,(ppm) to reduce the risk of can-
cer or other adverse health effects
which have been observed in laboratory
animals. Drinking water that meets
this standard is associated with little
to none of this risk and is considered
safe with respect to alachlor.
(25) Aldicarb. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that aldicarb is a health
concern at certain levels of exposure.
Aldicarb is a widely used pesticide.
Under certain soil and climatic condi-
tions (e.g., sandy soil and high rain-
fall). aldicarb may leach into ground
water after normal agricultural appli-
cations to crops such as potatoes or
peanuts or may enter drinking water
supplies as a result of surface runoff.
This chemical has been shown to dam-
age the nervous system in laboratory
animals such as rats and dogs exposed
to high levels. EPA has set the drink-
ing water standard for aldicarb at 0.003
parts per million (ppm) to protect
against the risk of adverse bealth ef-
fects. Drinking water that meets the
EPA standard is associated with little
to none of this risk and is considered
safe with respect to aldicarb.
(26) Aldicarb sulfoxide. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
aldicarb sulfoxide is a health concern
at certain levels of exposure. Aldicarb
is a widely used pesticide. Aldicarb
sulfoxide In ground water is primarily
a breakdown product of aldicarb. Under
certain soil and climatic conditions
(e.g., sandy soil and high rainfall),
aldicarb suifoxide may leach into
ground water after normal agricultural
applications to crops such as potatoes
or peanuts or may enter drinking
water supplies as a result of surface
runoff. This chemical has been shown
to damage the nervous system in lab-
oratory animals such as rats and dogs
exposed to high levels. EPA has set the’
drinking water standard for aldicarb
sulfoxide at 0.004 parts per million
(ppm) to protect against the risk of ad-
verse health effects. Drinking water
that meets the EPA standard is associ-
ated with little to none of this risk and
is considered safe with respect to
aldicarb sulfoxide.
(27) Aldwarb sulfone. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
aldicarb sulfone is a health concern at
73 /,
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I4I.
‘.u r.c ‘.11. , s—i7’ L 1sIsUIs/
certain levels of exposure. Aldlcarb is a
widely used pesticide. Aldicarb sulfone
is formed from the breakdown of
aldicarb and is considered for registra-
tion as a pesticide under the name
aldoxycarb. Under certain soil and cli-
matic conditions (e.g., sandy soil and
high rainfall), aldicarb sulfone may
leach into ground water after normal
agricultural applications to crops such
as potatoes or peanuts or may enter
drinking water supplies as a result of
surface runoff. This chemical has been
shown to damage the nervous system
in laboratory animals such as rats and
dogs exposed to high levels. EPA has
set the drinking water standard for
aldicarb sulfone at 0.002 parts per mil-
lion (ppm) to protect against the risk
of adverse health effects. Drinking
water that meets the EPA standard Is
associated with little to none of this
risk and is considered safe with respect
to aldicarb sulfone.
(28) Atrazine. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that atrazine is a health
concern at certain levels of exposure.
This organic chemical Is a herbicide.
When soil and climatic conditions are
favorable, atrazine may get into drink-
ing water by runoff into surface water
or by leaching into ground water. This
chemical has been shown to affect off-
spring of rats and the heart of dogs.
EPA has set the drinking water stand-
ard for atrazine at 0.003 parts per mil-
lion (ppm) to protect against the risk
of these adverse health effects. Drink-
ing water that meets the EPA standard
is associated with little to none of this
risk and is considered safe with respect
to atrazine.
(29) Carbofuran. The United Stal es
Environmental Protection Agency
(EPA) sets drinking water standards
and has determined that carbofuran is
a health concern at certain levels of’
exposure. This organic chemical is a
pesticide. When soil and climatic con-
ditions are favorable, carbofuran may
get into drinking water by runoff into
surface water or by leaching into
ground ,water. This chemical has been
shown to damage the nervous and re-
productive systems of laboratory ani-
mals such as rats and mice exposed at
high levels over their lifetimes. Some
humans who were exposed to relatively
large amounts of this chemical during
their working careers also suffered
damage to the nervous system. Effects
on the nervous system are generally
rapidly reversible. EPA has set the
drinking water standard for carbofuran
at 0.04 parts per million (ppm) to pro-
tect against the risk of these adverse
health effects. Drinking water that
meets the EPA standard is associated
with little to none of this risk and is
considered safe with respect to
carbofuran.
(30) Chiordane. The United States En-
vironmental Protection Agency (EPA
sets drinking water standards and has
determined that chiordane is a health
concern at certain levels of exposure.
This organic chemical is a pesticide
used to control termites. Chiordane is
not very mobile in soils. It usually gets
into drinking water after application
near water supply intakes or wells.
This chemical has been shown to cause
cancer in laboratory animals such as
rats and mice when the animals are ex-
posed at high levels over their life-
times. Chemicals that cause cancer in
laboratory animals also may increase
the risk of cancer in humans who are
exposed over long periods of time. EPA
has set the drinking water standard for
chiordane at 0.002 parts per million
(ppm) to reduce the risk of cancer or
other adverse health effects which have
been observed in laboratory animals.
Drinking water that meets the EPA
standard is associated with little to
none of this risk and is considered safe
with respect to chiordane.
(31) DibromochioropTo pane (DBCP).
The United States Environmental Pro-
tection Agency (EPA) sets drinking
water standards and has determined
that DBCP is a health concern at cer-
tain levels of exposure. This organic
chemical was once a popular pesticide.
When soil and climatic conditions are
favorable, dlbromochloropropane may
get into drinking water by runoff into
surface water or by leaching into
ground water. This chemical has been
shown to cause cancer in laboratory
animals such as rats and mice when
the animals are exposed at high levels
over their lifetimes. Chemicals that
cause cancer in laboratory animals
also may increase the risk of cancer in
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Environmental Protection Agency
141.32
humans who are exposed over long pe-
riods of time. EPA has set the drinking
water standard for DBCP at 0.0002 parts
per million (ppm) to reduce the risk of
cancer or other adverse health effects
which have been observed in laboratory
animals. Drinking water that meets
the EPA standard Is associated with
little to none of this risk and is consid-
ered safe with respect to DBCP.
(32) o-Dichlorobenzene. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that o-
dichlorobenzene is a health concern at
certain levels of exposure. This organic
chemical is used as a solvent in the
production of pesticides and dyes. It
generally gets into water by improper
waste disposal. This chemical has been
shown to damage the liver, kidney and
the blood cells of laboratory animals
such as rats and mice exposed to high
levels during their lifetimes. Some in-
dustrial workers who were exposed to
relatively large amounts of this chemi-
cal during working careers also suf-
fered damage to the liver, nervous sys-
tem, and circulatory system. EPA has
set the drinking water standard for o-
dichlorobenzene at 0.6 parts per milliun
(ppm) to protect against the risk of
these adverse health effects. Drinking
water that meets the EPA standard is
associated with little to none of this
risk and is considered safe with respect
to o-dichlorobenzene.
(33) cis-I,2-Dichloroethylene. The Unit-
ed States Environmental Protection
Agency (EPA) establishes drinking
water standards and has determined
that cls-i,2-dichioroethylene is a
health concern at certain levels of ex-
posure. This organic chemical is used
as a solvent and intermediate in chem-
ical production. It generally gets into
water by improper waste disposal. This
chemical has been shown to damage
the liver, nervous system, and cir-
culatory system of laboratory animals
such as rats and mice when exposed at
high levels over their lifetimes. Some
humans who were exposed to relatively
large amounts of this chemical also
sufferea damage to the nervous system.
EPA has set the drinking water stand-
ard for cis-i,2-dichloroethylene at 0.07
parts per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water that meets the
EPA standard Is associated with little
to none of this risk and is considered
safe with respect to cis-l,2-
dichloroethylene.
(34) trans-I ,2-Dichloroethylene. The
United States Environmental Protec-
tion Agency (EPA) establishes drinking
water standards and has determined
that trans-i,2-dlchloroethylene is a
health concern at certain levels of ex-
posure. This organic chemical is used
as a solvent and intermediate in chem-
ical production. It generally gets into
water by improper waste disposal. This
chemical has been shown to damage
the liver, nervous system, and the cir-
culatory system of laboratory animals
such as rats and mice when exposed at
high levels aver their lifetimes. Some
humans who were exposed to relatively
large amounts of this chemical also
suffered damage to the nervous system.
EPA has set drinking water standard
for trans-i ,2-dichloroethylene at 0. i
parts per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water that meets the
EPA standard is associated with little
to none of this risk and is considered
safe with respect to trans-i,2-
dichloroethylene.
(35) 1,2-Dichioropropane. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that 1,2-
dichiloropropane is a health concern at
certain levels of exposure. This organic
chemical is used as a solvent and pes-
ticide. When soil and climatic condi-
tions are favorable, 1 ,2-dichloropropane
may get into drinking water by runoff
into surface water or by leaching into
ground water. It may also get into
drinking water through improper waste
disposal. This chemical has been shown
to cause cancer in laboratory animals
such as rats and mice when the ani-
mals are exposed at high levels over
their lifetimes. Chemicals that cause
cancer in laboratory animals also may
increase the risk of cancer in humans
who are exposed over long periods of
time. EPA has set the drinking water
standard for 1 ,2-dlchl oropropane at
0.005 parts per million (ppm) to reduce
the risk of cancer or other adverse
health effects which have been ob-
served in laboratory animals. Drinking
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I4I.
‘eu ri ‘. ..ui. I j I—V UIIIUI1)
water that meets the EPA standard is
associated with little to none of this
isk and is considered safe with respect
uo 1,2-dichioropropane.
(36) 2,4-D. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that 2,4—D is a health con-
cern at certain levels of exposure. This
organic chemical is used as a herbicide
and to control algae in reservoirs.
When soil and climatic conditions are
favorable, 2,4—D may get into drinking
water by runoff into surface water or
by leaching Into ground water. This
chemical has been shown to damage
the liver and kidney of laboratory ani-
mals such as rats exposed at high lev-
els during their lifetimes. Some hu-
mans who were exposed to relatively
large amounts of this chemical also
suffered damage to the nervous system.
EPA has set the drinking water stand-
ard for 2,4—D at 0.07 parts per million
(ppm) to protect against the risk of
these adverse health effects. Drinking
water that meets the EPA standard is
associated with little to none of this
risk and is considered safe with respect
c o 2,4- D.
(37) Epichiorohydrin. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
epichiorohydrin is a health concern at
certain levels of exposure. Polymers
made from epichiorohydrin are some-
times used in the treatment of water
supplies as a flocculent to remove par-
ticulates. Epichiorohydrin generally
gets into drinking water by improper
use of these polymers. This chemical
has been shown to cause cancer in lab-
oratory animals such as rats and mice
when the animals are exposed at high
levels over their lifetimes. Chemicals
that cause cancer in laboratory ani-
mals also may increase the risk of can-
cer In humans who are exposed over
long periods of time. EPA has set the
drinking water standard for
epichlorohydrin using a treatment
technique to reduce the risk of cancer
or other adverse health effects which
have been observed in laboratory ani-
mals. This treatment technique limits
the amount of epichlorohydrmn In the
polymer and the amount of the poly-
mer which may be added to drinking
water as a flocculent to remove partic-
ulates. Drinking water systems which
comply with this treatment technique
have little to no risk and are consid-
ered safe with respect to
epichiorohydrin.
(38) Ethylben2ene. The United States
Environmental Protection Agency
(EPA) sets drinking water standards
and has determined ethylbenzene is a
health concern at certain levels of ex-
posure. This organic chemical is a
major component of gasoline. It gen-
erally gets into water by improper
waste disposal or leaking gasoline
tanks. This chemical has been shown
to damage the kidney, liver, and nerv-
ous system of laboratory animals such
as rats exposed to high levels during
their lifetimes. EPA has set the drink-
ing water standard for ethylbenzene at
0.7 part per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water that meets the
EPA standard is associated with little
to none of this risk and is considered
safe with respect to ethylbenzene.
(39) Ethylene dibromide (EDB). The
United States Environmental Protec-
tion Agency (EPA) sets drinking water
standards and has determined that
EDB is a health concern at certain lev-
els of exposure. This organic chemical
was once a popular pesticide. When soil
and climatic conditions are favorable,
EDB may get into drinking water by
runoff into surface water or by leach-
ing Into ground water. This chemical
has been shown to cause cancer in lab-
oratory animals such as rats and mice
when the animals are exposed at high
levels over their lifetimes. Chemicals
that cause cancer in laboratory ani-
mals also may increase the risk of can-
cer in humans who are exposed over
long periods of time. EPA has set the
drinking water standard for EDB at
0.00005 part per million (ppm) to reduce
the risk of cancer or other adverse
health effects which have been ob-
served in laboratory animals. Drinking
water that meets this standard is asso-
ciated with little to none of this risk
and is considered safe with respect to
EDB.
(40) Heptachior. The United States
Environmental Protection Agency
(EPA) sets drinking water standards
and has determined that heptachior is
73’l
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Environmental Protection agency
114
a health concern at certain levels of
exposure. This organic chemical was
once a popular pesticide. When soil and
climatic conditions are favorable, hep-
tachior may get into drinking water by
runoff into surface water or by leach-
ing into ground water. This chemical
has been shown to cause cancer in lab-
oratory animals such as rats and mice
when the animals are exposed at high
levels over their lifetimes. Chemicals
that cause cancer in laboratory ani-
mals also may Increase the risk of can-
cer in humans who are exposed over
long periods of time. EPA has set the
drinking water standards for hepta-
chior at 0.0004 part per million (ppm) to
reduce the risk of cancer or other ad-
verse health effects which have been
observed in laboratory animals. Drink-
ing water that meets this standard is
associated with little to none of this
risk and is considered safe with respect
to heptachlor.
(41) Heptachlor epoxide. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that hep-
tachior epoxide is a health concern at
certain levels of exposure. This organic
chemical was once a popular pesticide.
When soil and climatic conditions are
favorable, heptachior expoxide may get
into drinking water by runoff into sur-
face water or by leaching into ground
water. This chemical has been shown
to cause cancer in laboratory animals
such as rats and mice when the ani-
mals are exposed at high levels over
their lifetimes. Chemicals that cause
cancer in laboratory animals also may
increase the risk of cancer in humans
who are exposed over long periods of
time. EPA has set the drinking water
standards for heptachlor epoxide at
0.0002 part per million (ppm) to reduce
the risk of cancer or other adverse
health effects which have been ob-
served in laboratory animals. Drinking
water that meets this standard is asso-
ciated with little to none of this risk
and Is considered safe with respect to
heptachior epoxide.
(42) L ndane. The United States Envi-
ronmeNtal Protection Agency (EPA)
sets drinking water standards and has
determined that lindane is a health
concern at certain levels of exposure.
Tht orga.nic chemical is used as a pes-
ticide. When soil and climatic condi-
tions are favorable, lindane may get
Into drinking water by runoff into sur-
face water or by leaching into ground
water. This chemical has been shown
to damage the liver, kidney, nervous
system, and immune system of labora-
tory animals such as rats, mice and
dogs exposed at high levels during their
lifetimes. Some humans who were ex-
posed to relatively large amounts of
this chemical also suffered damage to
the nervous system and circulatory
system. EPA has established the drink-
ing water standard for lindane at 0.0002
part per million (ppm) to pi’otect
against the risk of these adverse health
effects. Drinking water that meets the
EPA standard is associated with little
to none of this risk and is considered
safe with respect to lindane.
(43) Methoxychior. The United States
Environmental Protection Agency
(EPA) sets drinking water standards
and has determined that methoxychior
is a health concern at certain levels of
exposure. This organic chemical is used
as a pesticide. When soil and climatic
conditions are favorable, methoxychior
may get into drinking water by runoff
into surface water or by leaching into
ground water. This chemical has been
shown to dama e the liver, kidney,
nervous system, and reproductive sys-
tem of laboratory animals such as rats
exposed at high levels during their life-
times. It has also been shown to
produce growth retardation in rats.
EPA has set the drinking water stand-
ard for methoxychlor at 0.04 part per
million (ppm) to protect against the
risk of these adverse health effects.
Drinking water that meets the EPA
standard is associated with little to
none of this risk and is considered safe
with respect to methoxychlor.
(44) Monochloroben2ene. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
monochlorobenzene is a health concern
at certain levels of exposure. This or-
ganic chemical Is used as a solvent. It
generally gets into water by improper
waste disposal. This chemical has been
shown to damage the liver, kidney and
nervous system of laboratory animals
such as rats and mice exposed to high
levels during their lifetimes. EPA has
735
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§ 141.32
40 CFR Cr 1. I (7—1—94 EaltIon)
set the drinking water standard for
monochlorobenzene at 0.1 part per mil-
lion (ppm) to protect against the risk
of these adverse health effects. Drink-
ing water that meets the EPA standard
is associated with little to none of this
risk and is considered safe with respect
to monochlorobenzene.
(45) Polychiorinateci biphenyls (PCBs).
The United States Environmental Pro-
tection Agency (EPA) sets drinking
water standards and has determined
that polychiorinated biphenyls (PCBs)
are a health concern at certain levels
animals such as rats and mice when
the animals are exposed at high levels
over their lifetimes. Chemicals that
cause cancer in laboratory animals
also may increase the risk of cancer in
humans who are exposed over long pe-
riods of time. EPA has set the drinking
water standard for PCBs at 0.0005 part
per million (ppm) to reduce the risk of
cancer or other adverse health effects
which have been observed in laboratory
animals. Drinking water that meets
this standard is associated with little
to none of this risk and is considered
safe with respect to PCBs.
(46) Pentachlorophenol. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
pentachiorophenol is a health concern
at certain levels of exposure. This or-
ganic chemical is used as a wood pre-
servative, herbicide, disinfectant, and
defoliant. It generally gets Into drink-
ing water by runoff into surface water
or leaching into ground water. This
chemical has been shown to produce
adverse reproductive effects and to
damage the liver and kidneys of lab-
oratory animals such as rats exposed
to high levels during their lifetimes.
Some humans who were exposed to rel-
atively’ large amounts of this chemical
also suffered damage to the liver and
kidneys. This chemical has been shown
to cause cancer in laboratory animals
such as rats and mice when the ani-
mals are exposed to high levels over
their lifetimes. Chemicals that cause
cancer in laboratory animals also may
Increase the risk of cancer in humans
who are exposed over long periods of
time. EPA has set the drinking water
standard for pentachlorophenol at 0.001
parts per million (ppm) to protect
against the risk of cancer or other ad-
verse health effects. Drinking water
that meets the EPA standard is associ-
ated with little to none of this risk and
is considered safe with respect to
pentachiorophenol.
(47) Styrene. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that styrene is a health
concern at certain levels of exposure.
This organic chemical is commonly
used to make plastics and Is sometimes
a component of resins used for drinking
water treatment. Styrene may get into
drinking water from improper waste
disposal. This chemical has been shown
to damage the liver and nervous sys-
tem in laboratory animals when ex-
posed at high levels during their life-
times. EPA has set the drinking water
standard for styrene at 0.1 part per mil-
lion (ppm) to protect against the risk
of these adverse health effects. Drink-
ing water that meets the EPA standard
Is associated with little to none of this
risk and is considered safe with respect
to styrene.
(48) Tetrachioroethylene. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
tetrachloroethylene is a health concern
at certain levels of exposure. This or-
ganic chemical has been a popular sol-
vent, particularly for dry cleaning. It
generally gets Into drinking water by
improper waste disposal. This chemical
has been shown to cause cancer in lab-
oratory animals such as rats and mice
when the animals are exposed at high
levels over their lifetimes. Chemicals
that cause cancer in laboratory ani-
mals also may increase the risk of can-
cer in humans who are exposed over
long periods of time. EPA has set the
drinking water standard for
tetrachioroethylene at 0.005 part per
million (ppm) to reduce the risk of can-
cer or other adverse health effects
which have been observed in laboratory 7.3 Y
of exposure. These organic
were once widely used in
transformers and other
equipment. They generally
drinking water by improper
posal or leaking electrical
equipment. This chemical
shown to cause cancer in
chemicals
electrical
industrial
get into
waste dis-
Industrial
has been
laboratory
-------
LI IVIIUI SI I I I II 1i I I%#I I I lI I •
.-... —
animals. Drinking water that meets
this standard Is associated with little
to none of this risk and is considered
safe with respect to
tetrachioroethylene.
(49) Toluene. The United States Envi-
ronmental Protection Agency (EPA)
8ets drinking water standards and has
determined that toluene is a health
concern at certain levels of exposure.
This organic chemical is used as a sol-
vent and in the manufacture of gaso-
line for airplanes. It generally gets into
water by improper waste disposal or
leaking underground storage tanks.
This chemical has been shown to dam-
age the kidney, nervous system, and
circulatory system of laboratory ani-
mals such as rats and mice exposed to
high levels during their lifetimes.
Some industrial workers who were ex-
posed to relatively large amounts of
this chemical during working careers
also suffered damage to the liver, kid-
ney and nervous system. EPA has set
the drinking water standard for tom-
ene at 1 part per million (ppm) to pro-
tect against the risk of adverse health
effects. Drinking water that meets the
EPA standard is associated with little
to none of this risk and is considered
safe with respect to toluene.
(50) Toxaphene. The United States
Environmental Protection Agency
(EPA) sets drinking water standards
and has determined that toxaphene is a
health concern at certain levels of ex-
posure. This organic chemical was once
a pesticide widely used on cotton, corn,
soybeans, pineapples and other crops.
When soil and climatic conditions are
favorable, toxaphene may get into
drinking water by runoff into surface
water or by leaching into ground
water. This chemical has been shown
to cause cancer In laboratory animals
such as rats and mice when the ani-
mals are exposed at high levels over
their lifetimes. Chemicals that cause
cancer in laboratory animals also may
Increase the risk of cancer in humans
who are exposed over long periods of
time. EPA has set the drinking water
standard for toxaphene at 0.003 part per
millioi (ppm) to reduce the risk of can-
cer or other adverse health effects
which have been observed in laboratory
animals. Drinking water that meets
this standard is associated with little
to none of this risk and is considered
safe with respect to toxaphene.
(51) 2,4,5—TP. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that 2,4,5—TP is a health
concern at certain levels of exposure.
This organic chemical Is used as a her-
bicide. When soil and climatic condi-
tions are favorable, 2,4,5-TP may get
Into drinking water by runoff Into sur-
face water or by leaching into ground
water. This chemical has been shown
to damage the liver and kidney of lab-
oratory animals such as rats and dogs
exposed to high levels during their life-
times. Some industrial workers who
were exposed to relatively large
amounts of this chemical during work-
ing careers also suffered damage to the
nervous system. EPA has set the drink-
ing water standard for 2,4,5-TP at 0.05
part per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water that meets the
EPA standard is associated with little
to none of this risk and is considered
safe with respect to 2,4,5-TP.
(52) Xylenes. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that xylene is a health con-
cern at certain levels of exposure. This
organic chemical is used in the manu-
facture of gasoline for airplanes and as
a solvent for pesticides, and as a clean-
er and degreaser of metals. It usually
gets into water by improper waste dis-
posal. This chemical has been shown to
damage the liver, kidney and nervous
system of laboratory animals such as
rats and dogs exposed to high levels
during their lifetimes. Some humans
who were exposed to relatively large
amounts of this chemical also suffered
damage to the nervous system. EPA
has set the drinking water standard for
xylene at 10 parts per million (ppm) to
protect against the risk of these ad-
verse health effects. Drinking water
that meets the EPA standard Is associ-
ated with little to none of this risk and
is considered safe with respect to xy-
lene.
(53) Antimony. The United States En-
vironmental Protection Agency (EPA)
sets drinking water standards and has
determined that antimony is a health
concern at certain levels of exposure.
7.57
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9 141.)L
4U Li-IC Lfl. I I—l—Y4 Larnon)
This inorganic chemical occurs natu-
rally in soils, ground water and surface
waters and is often used In the flame
retardant industry. It is also used in
ceramics, glass, batteries, fireworks
and explosives. It may get into drink-
ing water through natural weathering
of rock, Industrial production, munici-
pal waste disposal or manufacturing
processes. This chemical has been
shown to decrease longevity, and al-
tered blood levels of cholesterol and
glucose in laboratory animals such as
rats exposed to high levels during their
lifetimes. EPA has set the drinking
water standard for antimony at 0.006
parts per million (ppm) to protect
against the riak of these adverse health
effects. Drinking water which meets
the EPA standard is associated with
little to none of this risk and should be
considered safe with respect to anti-
mony.
(54) Beryllium. The United States En-
vironmental Protection Agency (EPA)
sets drinking water stahdards and has
determined that beryllium is a health
concern at certain levels of exposure.
This inorganic metal occurs naturally
in soils, ground water and surface wa-
ters and is often used in electrical
equipment and electrical components.
It generally gets into water from run-
off from mining operations, discharge
from processing plants and improper
waste disposal. Beryllium compounds
have been associated with damage to
the bones and lungs and induction of
cancer in laboratory animals such as
rats and mice when the animals are ex-
posed at high levels over their life-
times. There is limited evidence to sug-
gest that beryllium may pose a cancer
risk via drinking water exposure.
Therefore, EPA based the health as-
sessment on noncancer effects with an
extra uncertainty factor to account for
possible carcinogenicity. Chemicals
that cause cancer in laboratory ani-
mals also may increase the risk of can-
cer in humans who are exposed over
long periods of time. EPA has set the
drinking water standard for beryllium
at 0.004 part per million (ppm) to pro-
tect against the risk of these adverse
health effects. Drinking water which
meets the EPA standard is associated
with little to none of this risk and
8hould be considered safe with respect
to beryllium.
(55) Cyanide. The United States Envi-
ronmental Protection• Agency (EPA)
sets drinking water standards and has
determined that cyanide is a health
concern at certain levels of exposure.
This inorganic chemical is used in elec-
troplating, steel processing, plastics,
synthetic fabrics and fertilizer prod-
ucts. It usually gets into water as a re-
sult of improper waste disposal. This
chemical has been shown to damage
the spleen, brain and liver of humans
fatally poisoned with cyanide. EPA has
set the drinking water standard for cy-
anide at 0.2 parts per million (ppm) to
protect against the risk of these ad-
verse health effects. Drinking water
which meets the EPA standard is asso-
ciated with little to none of this risk
and should be Considered safe with re-
spect to cyanide.
(56) Nickel. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water Standards and has
determined that nickel poses a health
concern at certain levels of exposure.
This inorganic metal occurs naturally
in soils, ground water and surface wa-
ters and is often used In electroplating,
stainless steel and alloy products. It
generally gets Into water from mining
and refining operations. This chemical
has been shown to damage the heart
and liver In laboratory animals when
the animals are exposed to high levels
over their lifetimes. EPA has set the
drinking water standard at 0.1 parts
per million (ppm) for nickel to protect
against the risk of these adverse ef-
fects. Drinking water which meets the
EPA standard is associated with little
to none of this risk and should be con-
sidered safe with respect to nickel.
(57) Thallium. The United States En-
vironmental Protection Agency (EPA)
sets drinking water Standards and has
determined that thallium is a health
concern at certain high levels of expo-
sure. This inorganic metal is found
naturally In soils and is used in elec-
tronics, pharmaceuticals, and the man-
ufacture of glass and alloys. This
chemical has been shown to damage
the kidney, liver, brain and intestines
of laboratory animals when the ani-
mals are exposed at high levels over
their lifetimes. EPA has set the drink-
—I
-------
EnvironmenTal rroieciion agency
9 l4l.
ing water standard for thallium at 0.002
parts per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water which meets
the EPA standard is associated with
little to none of this risk and should be
considered safe with respect to thal-
lium.
(58) BenzofaJpyrene. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
benzo [ a]pyrene is a health concern at
certain levels of exposure. Cigarette
smoke and charbroiled meats are com-
mon source of general exposure. The
major source of benzo [ a]pyrene in
drinking water is the leaching from
coal tar lining and sealants In water
storage tanks. This chemical has been
shown to cause cancer in animals such
as rats and mice when the animals are
exposed at high levels. EPA has set the
drinking water standard for
benzo [ a]pyrene at 0.0002 parts per mil-
lion (ppm) to protect against the risk
of cancer. Drinking water which meets
the EPA standard is associated with
little to none of this risk and should be
considered safe with respect to
benzo [ a]pyrene.
(59) Dalapon. The United States Envi-
ronmental Pi-itection Agency (EPA)
sets drlnk’ ng water standards and has
determined that dalapon is a health
concern at certain levels of exposure.
This organic chemical is a widely used
herbicide. It may get into drinking
water after application to control
grasses in crops, drainage ditches and
along railroads. This chemical has been
shown to cause damage to the kidney
and liver in laboratory animals when
the animals are exposed to high levels
over their lifetimes. EPA has set the
drinking water standard for dalapon at
0.2 parts per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water which meets
the EPA standard is associated with
little to none of this risk and should be
considered safe with respect to
dalapon.
(60) Dzchloromethane. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
ch1oromethane (methylene chloride)
is a health concern at certain levels of
exposure. This organic chemical is a
widely used solvent. It is used in the
manufacture of paint remover, as a
metal degreaser and as an aerosol pro-
pellant. It generally gets into drinking
water after improper discharge of
waste disposal. This chemical has been
shown to cause cancer In laboratory
animals such as rats and mice when
the animals are exposed at high levels
over their lifetimes. Chemicals that
cause cancer in laboratory animals
also may increase the risk of cancer in
humans who are exposed over long pe-
riods of time. EPA has set the drinking
water standard for dichioromethane at
0.005 parts per million (ppm) to reduce
the risk of cancer or other adverse
health effects which have been ob-
served in laboratory animals. Drinking
water which meets this standard is as-
sociated with little to none of this risk
and should be considered safe with re-
spect to dichloromethane.
(61) D i (2-ethylhexyl)adipate. The Unit-
ed States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
di(2-ethylhexyl)adipate is a health con-
cern at certain levels of exposure. Di(2-
ethylhexyl)adlpate is a widely used
plasticizer in a variety of roducts, In-
cluding synthetic rubber, food packag-
ing materials and cosmetics. It may
get into drinking water after improper
waste disposal. This chemical has bsen
shown to damage liver and testes in
laboratory animals such as rats and
mice exposed to high levels. EPA has
set the drinking water standard for
di(2-ethylhexyl)adipate at 0.4 parts per
million (ppm) to protect against the
risk of adverse health effects. Drinking
water which meets the EPA standards
is associated with little to none of this
risk and should be considered safe with
respect to di(2-ethylhexyl)adipate.
(62) Dz(2-ethylheryl)phthczlate. The
United States Environmental Protec-
tion Agency (EPA) sets drinking water
standards and has determined that
di(2-ethylhexyl)phthalate Is a health
concern at certain levels of exposure.
Di(2-ethylhexyl)phthalate is a widely
used plasticizer, which is primarily
used in the production of polyvinyl
chloride (PVC) resins. It may get into
drinking water after improper waste
disposal. This chemical has been shown
.737
-------
§ 141.32
40 CFR Ch. I (7—1—94 EditIon)
to cause cancer In laboratory animals
such as rats and mice exposed to high
levels over their lifetimes. EPA has set
the drinking water standard for di(2-
ethylhexyl)phthalate at 0.006 parts per
million (ppm) to reduce the risk of can-
cer or other adverse health effects
which have been observed in laboratory
animals. Drinking water which meets
the EPA standard is associated with
little to none of this risk and should be
considered safe with respect to di(2-
ethylhexyl)phthalate.
(63) Dinoseb. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that dinoseb is a health
concern at certain levels of exposure.
Dinoseb is a widely used pesticide and
generally gets into drinking water
after application on orchards, vine-
yards and other crops. This chemical
has been shownto damage the thyroid
and reproductive organs in laboratory
animals such as rats exposed to high
levels. EPA has set the drinking water
standard for dinoseb at 0.007 parts per
million (ppm) to protect against the
risk of adverse health effects. Drinking
water which meets the EPA standard is
associated with little to none of this
risk and should be considered safe with
respect to dinoseb.
(64) Diquat. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that diquat is a health con-
cern at certain levels of exposure. This
organic chemical is a herbicide used to
control terrestrial and aquatic weeds.
It may get into drinking water by run-
off into surface water. This chemical
has been shown to damage the liver,
kidney and gastrointestinal tract and
causes cataract formation in labora-
tory animals such as dogs and rats ex-
posed at high levels over their life-
times. EPA has set the drinking water
standard for diquat at 0.02 parts per
million (ppm) to protect against the
risk of these adverse health effects.
Drinking water which meets the EPA
standard is associated with little to
none of this risk and should be consid-
ered sate with respect to diquat.
(65) Endot hail. The United States En-
vironmental Protection Agency (EPA)
has determined that endothall is a
health concern at certain levels of ex-
posure. This organic chemical Is a her-
bicide used to control terrestrial and
aquatic weeds. It may get into water
by runoff into surface water. This
chemical has been shown to damage
the liver, kidney, gastrointestinal
tract and reproductive system of lab-
oratory animals such as rats and mice
exposed at high levels over their life-
times. EPA has set the drinking water
standard for endothall at 0.1 parts per
million (ppm) to protect against the
risk of these adverse health effects.
Drinking water which meets the EPA
standard is associated with little to
none of this risk and should be consid-
ered safe with respect to endothall.
(66) Endrzn. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that endrin Is a health con-
cern at certain levels of exposure. This
organic chemical Is a pesticide no
longer registered for use in the United
States. However, this chemical is per-
sistent in treated soils and accumu-
lates in sediments and aquatic and ter-
restrial biota. This chemical has been
shown to cause damage to the liver,
kidney and heart in laboratory animals
such as rats and mice when the ani-
mals are exposed at high levels over
their lifetimes. EPA has set the drink-
ing water standard for endrin at 0.002
parts per million (ppm) to protect
against the risk of these adverse health
effects which have been observed in
laboratory animals. Drinking water
that meets the EPA standard is associ-
ated with little to none of this risk and
should be considered safe with respect
to endrin.
(67) Glyphosate. The United States
Environmental Protection Agency
(EPA) sets drinking water standards
and has determined that glyphosate is
a health concern at- certain levels of
exposure. This organic chemical is a
herbicide used to control grasses and
weeds. It may get into drinking water
by runoff into surface water. This
chemical has been shown to cause dam-
age to the liver and kidneys in labora-
tory animals such as rats and mice
when the animals are exposed at high
levels over their lifetimes. EPA has set
the drinking water standard for
glyphosate at 0.7 parts per million
(ppm) to protect against the risk of 7’jO
-------
Environmental Protection Agency
§ 141.32
these adverse health effects. Drinking
water which meets the EPA standard is
associated with little to none of this
risk and should be considered safe with
respect to glyphosate.
(68) Hexachlorobenzene. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
hexachlorobenzene is a health concern
at certain levels of exposure. This or-
ganic chemical is produced as an impu-
rity in the manufacture of certain sol-
vents and pesticides. This chemical has
been shown to cause cancer in labora-
tory animals such as rats and mice
when the animals are exposed to high
levels during their lifetimes. Chemicals
that cause cancer in laboratory ani-
mals also may increase the risk of can-
cer in humans who are exposed over
long periods of time. EPA has set the
drinking water standard for
hexachlorobenzene at 0.001 parts per
million (ppm) to protect against the
risk of cancer and other adverse health
effects. Drinking water which meets
the EPA standard Is associated with
little to none of this risk and should be
considered safe with respect to
hexachlorobenzene.
(69) Hexachlorocyclopentadzene. The
United States Environmental Protec-
tion Agency (EPA) establishes drinking
water standards and has determined
that hexachiorocyclopentadiene is a
health concern at certain levels of ex-
posure. This organic chemical Is used
as an intermediate in the manufacture
of pesticides and flame retardants. It
may get into -/ater by discharge from
production facilities. This chemical
has been shown to damage the kidney
and the stomach of laboratory animals
when exposed at high levels over their
lifetimes. EPA has set the drinking
water standard for
hexachlorocyclopentadjene at 0.05
parts per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water which meets
the EPA standard is associated with
little to none of this risk and should be
considered safe with respect to
hexachl rocyclopentadiene.
(70) Oxamyl. The United States Envi-
ronmental Protection Agency (EPA)
establishes drinking water standards
and has determined that oxamyl Is a
health concern at certain levels of ex-
posure. This organic chemical is used
as a pesticide for the control of insects
and other pests. It may get Into drink-
ing water by runoff into surface water
or leaching into ground water. This
chemical has been shown •to damage
the kidneys of laboratory animals such
as rats when exposed at high levels
over their lifetimes. EPA has set the
drinking water standard for oxamyl at
0.2 parts per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water which meets
the EPA standard is associated with
little to none of this risk and should be
considered safe with respect to oxamyl.
(71) Picloram. The United States Envi-
ronmental Protection Agency (EPA)
sets drinking water standards and has
determined that picloram is a health
concern at certain levels of exposure.
This organic chemical is used as a pes-
ticide for broadleaf weed control. It
may get into drinking water by runoff
into surface water or leaching into
ground water as a result of pesticide
application and improper waste dis-
posal. This chemical has been shown to
cause damage to the kidneys and liver
in laboratory animals such as rats
when the animals are exposed at high
levels over their lifetimes. EPA has set
the drinking water standard for
picloram at 0.5 parts per million (ppm)
to protect against the risk of these ad-
verse health effects. Drinking water
which meets the EPA standard is asso-
ciated with little to none of this risk
and should be considered safe with re-
spect to picloram.
(72) Simazine. The United States En-
vironmental Protection Agency (EPA)
sets drinking water standards and has
determined that simazine is a health
concern at certain levels of exposure.
This organic chemical is a herbicide
used to control annual grasses and
broadleaf weeds. It may leach Into
ground water or runs off into surface
water after application. This chemical
may cause cancer in laboratory ani-
mals such as rats and mice exposed at
high levels during their lifetimes.
Chemicals that cause cancer in labora-
tory animals also may Increase the
risk of cancer in humans who are ex-
posed over long periods of time. EPA
has set the drinking water standard for
7Lf
-------
§141.33
40 CFR Ch. I (7—1-94 Edition)
simazine at 0.004 parts per million
(ppm) to reduce the risk of cancer or
)ther adverse health effects. Drinking
water which meets the EPA standard is
associated with little to none of this
risk and should be considered safe with
respect to simazine.
(‘13) 1,2,4-Trichlorobenzene. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
1,2,4-trichlorobenzene is a health con-
cern at certain levels of exposure. This
organic chemical is used as a dye car-
rier and as a precursor in herbicide
manufacture. It generally gets into
drinking water by discharges from In-
dustrial activities. This chemical has
been shown to cause damage to several
organs, including the adrenal glands.
EPA has set the drinking water stand-
ard for 1,2,4-trichlorobenzene at 0.07
parts per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water which meets
the EPA standard is associated with
little to none of this risk and should be
considered safe with respect to 1,2,4-
trichlorobenzene.
(74) 1,1 ,2-Trichloroethane. The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined 1,1,2-
trichloroethane is a health concern at
certain levels of exposure. This organic
chemical is an intermediate in the pro-
duction of 1,1-dichioroethylene. It gen-
erally gets into water by industrial dis-
charge of wastes. This chemical has
been shown to damage the kidney and
liver of laboratory animals such as rats
exposed to high levels during their life-
times. EPA has set the drinking water
standard for 1,l,2-trichloroethane at
0.005 parts per million (ppm) to protect
against the risk of these adverse health
effects. Drinking water which meets
the EPA standard is associated with
little to none of this risk and should be
considered safe with respect to 1,1,2-
trichloroethane.
(75) 2,3 ,7,8—TCDD (Dioxin). The United
States Environmental Protection
Agency (EPA) sets drinking water
standards and has determined that
dioxin is a health concern at certain
levels of exposure. This organic chemi-
cal is an impurity in the production of
some pesticides. It may get into drink-
ing water by industrial discharge of
wastes. This chemical h .s been shown
to cause cancer in laboratory animals
such as rats and mice when the ani-
mals are exposed at high levels over
their lifetimes. Chemicals that cause
cancer in laboratory animals also may
increase the risk of cancer in humans
who are exposed over long periods of
time. EPA has set the drinking water
standard for dioxin at 0.00000003 parts
per million (ppm) to reduce the risk of
cancer or other adverse health effects
which have been observed in laboratory
animals. Drinking water which meets
this standard is associated with little
to none of this risk and should be con-
sidered safe with respect to dioxin.
(1) Public notices for fluoride. Notice of
violations of the maximum contami-
nant level for fluoride, notices of
variances and exemptions from the
maximum contaminant level for fluo-
ride, and notices of failure to comply
with variance and exemption schedules
for the maximum contaminant level
for fluoride shall consist of the public
notice prescribed in § 143.5(b), plus a de-
scription of any steps which the system
is taking to come into compliance.
(g) Public notification by the State. The
State may give notice to the public re-
quired by this section on behalf of the
owner or operator of the public water
system if the State complies with the
requirements of this section. However,
the owner or operator of the public
water system remains legally respon-
sible for ensuring that the require-
ments of this section are met.
[ 52 FR 41546, Oct. 28, 1987, as amended at 54
FR 15188, Apr. 17, 1989; 54 FR 27527, 27566,
June 29, 1989; 55 FR 25064, June 19, 1990; 56 FR
3587. Jan. 30. 1991: 56 FR 26548. June 7, 1991; 56
FR 30279, July 1, 1991; 57 FR 31843. July 17,
1992; 59 FR 34323, July 1, 1994]
§ 141.33 Record maintenance.
Any owner or operator of a public
water system subject to the provisions
of this part shall retain on its premises
or at a convenient location near its
premises the following records:
(a) Records of bacteriological analy-
ses made pursuant to this part shall be
kept for not less than 5 years. Records
of chemical analyses made pursuant to
this part shall be kept for not less than
10 years. Actual laboratory reports
-------
Environmental Protection Agency
§141.34
may be kept, or data may be trans-
ferred to tabular summaries, provided
that the following information is in-
cluded:
(1) The date, place, and time of sam-
pling, and the name of the person who
collected the sample;
(2) IdentIfication of the sample as to
whether it was a routine distribution
system sample, check sample, raw or
process water sample or other special
purpose sample;
(3) Date of analysis;
(4) Laboratory and person responsible
for performing analysis;
(5) The analytical technique/method
used; and
(6) The results of the analysis.
(b) Records of action taken by the
system to correct violations of primary
drinking water regulations shall be
kept for a period not less than 3 years
after the last action taken with respect
to the particular violation involved.
(C) Copies of any written reports,
summaries or communications relating
to sanitary surveys of the system con-
ducted by the system itself, by a pri-
vate consultant, or by any local, State
or Federal agency, shall be kept for a
period not less than 10 years after com-
pletion of the sanitary survey Involved.
(d) Records concerning a variance or
exemption granted to the system shall
be kept for a period ending not less
than 5 years following the expiration of
such variance or exemption.
§141.34 Public notice requirements
pertaining to lead.
(a) Applicability of public notice re-
quirement. (1) Except as provided in
paragraph (a)(2) of this section, by
June 19, 1988, the owner or operator of
each community water system and
each non-transient, non-community
water system shall issue notice to per-
sons served by the system that may be
affected by lead contamination of their
drinking water. The State may require
subsequent notices. The owner or oper-
ator shall provide notice under this
section even if there is no violation of
the national primary drinking water
regulation for lead.
(2) Notice under paragraph, (a)(1) of
this section is not required if the sys-
tem demonstrates to the State that the
W t ,i’l,’,. 4 ,,n. f4 D rlc.,,$-in1
and non-residential porUons connected
to the water system, are lead free. For
the purposes of this paragraph, the
term “lead free” when used with re-
spect to solders and flux refers to sol-
ders and flux containing not more than
0.2 percent lead, and when used with re-
spect to pipes and pipe fittings refers
to pipes and pipe fittings containing
not more than 8.0 percent lead.
(b) Manner of notice. Notice shall be
given to persons served by the system
either by (1) three newspaper notices
(one for each of three consecutive
months and the first no later than
June 19, 1988); or (2) once by mail no-
tice with the water bill or in a separate
mailing by June 19, 1988; or (3) once by
hand delivery by June 19, 1988. For non-
transient non-community water sys-
tems, notice may be given by continu-
ous posting. If posting is used, the no-
tice shall be posted In a conspicuous
place in the area served by the system
and start no later than June 19, 1988,
and continue for three months.
(C) General content of notice. (1) No-
tices issued under this section shall
provide a clear and readily understand-
able explanation of the potential
sources of lead in drinking water, po-
tential adverse health effects, reason-
ably available methods of mitigating
known or potential lead content in
drinking water, any steps the water
system Is taking to mitigate lead con-
tent in drinking water, and the neces-
sity for seeking alternative water sup-
plies, if any. Use of the mandatory lan-
guage in paragraph (d) of this section
in the notice will be sufficient to ex-
plain potential adverse health effects.
(2) Each notice shall also Include spe-
cific advice on how to determine If ma-
terials containing lead have been used
in homes or the water distribution sys-
tem and how to minimize exposure to
water likely to contain high levels of
lead. Each notice shall be conspicuous
and shall not contain unduly technical
language, unduly small print, or simi-
lar problems that frustrate the purpose
of the notice. Each notice shall contain
the telephone number of the owner, op-
erator, or designee of the public water
system as a source of additional infor-
mation regarding the notice. Where ap-
propriate, the notice shall be multi-
; ,,,., ., 1
7 L 3
-------
§141.35
40 CFR Ch. I (7—1—94 EditIon)
(NOTE: (Optional Information): Each notice
should advise persons served by the system
to use only the cold water faucet for drink-
ing and for use in cooking or preparing baby
formula, and to run the water until it gets as
cold as It is going to get before each use. If
there has recently been major water use in
the household, such as showering or bathing,
flushing toilets, or doing laundry with cold
water, flushing the pipes should take 5 to 30
seconds; if not, flushing the pipes could take
as long as several minutes. Each notice
should also advise persons served by the sys-
tern to check to see If lead pipes, solder, or
flux have been used In plumbing that pro-
vides tap water and to ensure that new
plumbing and plumbing repairs use lead-free
materials.
The only way to be sure of the amount of
lead in the household water Is to have the
water tested by a competent laboratory.
Testing Is especially important to apartment
dwellers because flushing may not be effec-
tive In high-rise buildings that have lead-so]-
dered central piping. As appropriate, the no-
tice should provide information on testing.]
(d) Mandatory health effects infonna-
tion. When providing the information
in public notices required under para-
graph (c) of this section on the poten-
tial adverse health effects of lead In
drinking water, the owner or operator
of the water system shall include the
following specific language in the no-
tice:
“The United States Environmental Protec-
tion Agency (EPA) sets drinking water
standards and has determined that lead is a
health concern at certain levels of exposure.
There Is currently a standard of 0.050 parts
per million (ppm). Based on new health In-
formation, EPA is likely to lower this stand-
ard significantly.
“Part of the purpose of this notice is to in-
form you of the potential adverse health ef-
fects of lead. This Is being done even though
your water may not be in violation of the
current standard.
“EPA and others are concerned about lead
in drinking water. Too much lead in the
human body can cause serious damage to the
brain, kidneys, nervous system, and red
blood cells. The greatest risk, even with
short-term exposure, is to young children
and pregnant women.
“Lead levels in your drinking water are
likely to be highest:
—if your home or water system has lead
pipes, or
—if your home has copper pipes with lead
solder, ana
—if the home is less than five years old, or
—If you have soft or acidic water: or
—if water sits in the pipes for several
hours.”
(e) Notice by the State. The State may
give notice to the public required by
this section on behalf of the owner or
operator of the water system if the
State meets the requirements of para-
graph (b) and the notice contains all
the information specified in paragraphs
(C) and (d) of this section. However, the
owner or operator of the water system
remains legally responsible for ensur-
ing that the requirements of this sec-
tion are met.
(1) Enforcement by the State. All States
shall enforce the requirements of this
section by June 19, 1988, as required by
section 1417(b)(2) of the Act. If the Ad-
ministrator determines that a State is
not enforcing these requirements, the
Administrator may withhold up to five
percent of the State program grant
fund under section 1443(a) of the Act.
(52 FR 41549, Oct. 28, 1987]
§ 141.35 Reporting and public notifica-
tion for certain unregulated con-
taminants.
(a) The requirements of this section
only apply to the contaminants listed
in § 141.40.
(b) The owner or operator of a com-
munity water system or non-transient,
non-community water system who Is
required to monitor under § 141.40 shall
send a copy of the resu .ts of such mon-
itoring wIthin 30 days of receipt and
any public notice under paragraph (d)
of this section to the State.
(C) The State, or the community
water system or non-transient, non-
community water system If the State
has not adopted regulations equivalent
to § 141.40, shall furnish the following
information to the Administrator for
each sample analyzed under § 141.40:
(1) Results of all analytical methods,
including negatives;
(2) Name and address of the system
that supplied the sample;
(3) Contaminant(s);
(4) Analytical method(s) used;
(5) Date of sample;
(6) Date of analysis.
(d) The owner or operator shall no-
tify persons served by the system of
the availability of the results of sam-
pling conducted under § 141.40 by in-
cludin a notice in t h f1 i- - , c
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Environmental Protection Agency
§ 141.40
water bills Issued by the system after
the receipt of the results or written no-
tice within three months. The notice
shall Identify a person and supply the
telephone number to contact for infor-
mation on the monitoring results. For
surface water systems, public notifica-
Mon is required only after the first
quarter’s monitoring and must include
a statement that additional monitor-
ing will be conducted for three more
quarters with the results available
upon request.
[ 52 FR. 25714. July 8. 1987; 53 FR. 25110, July 1,
1988]
Subpart E—Speclal Regulations,
Including Monitoring Regula-
lions and Prohibition on Lead
Use
§ 141.40 Special monitoring for inor-
ganic and organic contaminants.
(a) All community and non-transient,
non-community water systems shall
monitor for the contaminants listed in
paragraph (e) in, this section by date
specified in Table 1:
TABLE 1—MONITORING SCHEDULE BY SYSTEM
SIZE
Number of persons served
Monutonng to
begin no later
than—
Over 10,000 .. .. .. ....
3 .3 0 0to 10,000 ...
Less than 3.300 ..
Jan. 1, 1988.
.ian.1 ,1989.
Jan. 1. 1991.
(b) Surface water systems shall sam-
ple at points In the distribution system
representative of each water source or
at entry points to the distribution sys-
tem after any application of treatment.
The minimum number of samples is
one year of quarterly samples per
water source.
(c) Ground water systems shall Sam-
ple at points of entry to the distribu-
tion system representative of each well
after any application of treatment. The
minimum number of samples is one
sample per entry point to the distribu-
tion system.
(d) ‘] he State may require confirma-
tion samples for positive or negative
results.
(e) Cammunity water systems and
non-transient, non-community water
systems shall monitor for the following
contaminants except as provided in
paragraph (1) of this section:
(1) Chloroform
(2) Bromodlchioromethane
(3) Chiorodlbromomethane -
(4) Bromoform
(5) Dlbromomethane
(6) m-Dlchlorobenzene
(8) 1,1-Dichloropropene
(9) 1,1-Dichloroethane
(10) 1,1,2,2-Tetrachloroethane
(11) 1,3-Dichioropropane
(12) Chloromethane
(13) Bromomethane
(14) 1,2,3-Trichioropropane
(15) 1,1,1,2-Tetrachioroethane
(16) Chioroethane
(17) 2,2-Dichloropropane
(18) o-Chlorotoluene
(19) p-Chlorotoluene
(20) Bromobenzene
(21) 1,3-Dlchloropropene
(f) [ Reserved]
(g) Analysis for the organic contami-
nants in paragraphs (e) and (j) of this
section shall be conducted using the
recommended EPA methods, or their
equivalent as determined by EPA.
These methods are contained in the
reference at § 141.24(fXl6).
(h) Analysis under this section shall
only be conducted by laboratories cer-
tified under § 141.24(0(17).
(I) Public water systems may use
monitoring data collected any time
after January 1, 1983 to meet the re-
quirements for unregulated monitor-
ing, provided that the monitoring pro-
gram was consistent with the require-
ments of this section. In addition, the
results of EPA’s Ground Water Supply
Survey may be used in a similar man-
ner for systems supplied by a single
well.
(j) Monitoring for the following com-
pounds is required at the discretion of
the State:
(1) 1,2,4-Trimethylbenzene;
(2) 1,2,3-Trichlorobenzene;
(3) n-Propylbenzene;
(4) n-Butylbenzene;
(5) Naphthalene;
(6) Hexachlorobutadiene;
(7) 1,3,5-Trimethylbenzene;
(8) p-L opropylto1uene;
(9) Isopropylbenzene;
(10) Tert-butylbenzene;
(11) Sec-butylbenzene;
(12) FluorotriChlorOmethane:
-------
§ 14L40
40 CFR Ch. I (7—1—94 Edition)
(13) Dlchiorodifluoromethane;
(14) Bromochioromethane.
(k) Instead of performing the mon-
itoring required by this section, a com-
munity water system or non-transient
non-community water system serving
fewer than 150 service connections may
send a letter to the State stating that
the system is available for sampling.
This letter must be sent to the State
no later than January 1, 1991. The sys-
tem shall not send such samples to the
State, unless requested to do so by the
State.
(1) All community and non-transient,
non-community water systems shall
repeat the monitoring required in
§141.40 no less frequently than every
five years from the dates specified in
§ 141.40(a).
(m) States or public water systems
may composite up to five samples when
monitoring for substances in §141.40 (e)
and (j) of this section.
(n) Monitoring of the contaminants
listed In § 141.40(n) (11) and (12) shall be
conducted as follows:
(1) Each community and non-tran-
.,ient, non-community water system
shall take four consecutive quarterly
samples at each sampling point for
each contaminant listed in paragraph
(n)(11) of this section and report the re-
suits to the State. Monitoring must be
completed by December 31, 1995.
(2) Each community and non-tran-
sient non-community water system
shall take one sample at each sampling
point for each contaminant listed in
paragraph (n)(12) of this section and re-
port the results to the States. Monitor-
ing must be completed by December 31,
1995.
(3) Each community and non-tran-
sient non-community water system
nay apply to the State for a waiver
from the requirements of paragraph (n)
(1) and (2) of this section.
(4) The State may grant a waiver for
the requirement of paragraph (n)(1) of
this section based on the criteria speci-
fied in § 141.24(h)(6). The State may
grant a waiver from the requirement of
paragraph (n)(2) of this section if pre-
vious analytical results indicate con-
taminati would not occur, provided
this data was collected after January 1,
1990.
(5) Groundwater systems shall take a
minimum of one sample at every entry
point to the distribution system which
is representative of each well after
treatment (hereafter called a sampling
point). Each sample must be taken at
the same sampling point unless condi-
tions make another sampling point
more representative of each source or
treatment plant.
(6) Surface water systems shall take
a minimum of one sample at points in
the distribution system that are rep-
resentative of each source or at each
entry point to the distribution system
after treatment (hereafter called a
sampling point). Each sample must be
taken at the same sampling point un-
less conditions make another sampling
point more representative of each
source or treatment plant.
NOTE: For purposes of this paragraph,
surface water systems include systems
with a combination of surface and
ground sources.
(7) If the system draws water from
more than one source and the sources
are combined before distribution, the
system must sample at an entry point
to the distribution system during peri-
ods of normal operating conditions
(i.e., when water representative of all
sources is being used).
(8) The State may require a con-
firmation sample for positive or nega-
tive results.
(9) The State may reduce the total
number of samples a system must ana-
lyze by allowing the use of
compositing. Composite samples from
a maximum of five sampling points are
allowed. Compositing of samples must
be done in the laboratory and the com-
posite sample must be analyzed within
14 days of collection. If the population
served by the system Is >3,300 persons,
then compositing may only be per-
mitted by the State at sampling points
within a single system. In systems
serving 3,300 persons, the State may
permit compositing among different
systems provided the 5-sample limit is
maintained.
(10) Instead of performing the mon-
itoring required by this section, a com-
munity water system or non-transient
non-community water system serving
fewer than 150 service connections may
-------
Environmental Protection Agency
§ 141.42
send a letter to the State stating that
the system is available for sampling.
This letter must be sent to the State
by January 1, 1994. The system shall
not send such samples to the State, un-
less requested to do so by the State.
(11) The listed methods are in the
manuals cited at §141.24(h)(12). List of
Unregulated Organic Contaminants:
Oi’ganlc contaminants
EPA anajytical method
531.1
Afd lcarbs4jtfone ....
531.1
Aldicatbsutfoxide... .....
AJdiin
531.1
505, 508. and 525.1
507, 525.1
........._........ .._..
Butachlor
531.1
Dicamba
D e4drtn
515.1
505, 508, 525.1
531.1
.......
3-hydroxycaibofuran
Methom)l ... .. ..
531.1
Metolach lor ...... .....
507, 525.1
Metnbuzin .... ..
507, 525.1
Propachlor ......
508, 525.1
(12) List of Unregulated Inorganic
Contaminants:
Inorganic contaminants
EPA anaiyticai method
Sulfate .. .. ..
Colorimetric.
[ 52 FR 25715, July 8, 1987; 53 FR 25110, July 1.
1988, as amended at 56 FR 3592, Jan. 30, 1991;
5? FR 31845. July 17, 1992; 59 FR 34323, July 1.
1994]
§ 141.41 Special monitoring for
dium.
(a) Suppliers of water for community
public water systems shall collect and
analyze one sample per plant at the
entry point of the distribution system
for the determination of sodium con-
centration levels; samples must be col-
lected and analyzed annually for sys-
tems utilizing surface water sources in
whole or in part, and at least every
three years for systems utilizing solely
ground water sources. The minimum
number of samples required to be taken
by the system shall be based on the
number of treatment plants used by
the system, except that multiple wells
drawing raw water from a single aqui-
fer may, with the State approval, be
considered one treatment plant for de-
termining the minimum number of
sampl s. The supplier of water may be
required by the State to collect and
analyze water samples for sodium more
frequently in locations where the so-
dium content is variable.
(b) The supplier of water shall report
to EPA andlor the State the results of
the analyses for sodium within the
first 10 days of the month following the
month in which the sample results
were received or within the first 10
days following the end of the required
monitoring period as stipulated by the
State, whichever of these is first. If
more than annual sampling is required
the supplier shall report the average
sodium concentration within 10 days of
the month following the month in
which the analytical results of the last
sample used for the annual average was
received. The supplier of water shall
not be required to report the results to
EPA where the State has adopted this
regulation and results are reported to
the State. The supplier shall report the
results to EPA where the State has not
adopted this regulation.
(C) The supplier of water shall notify
appropriate local and State public
health officials of the sodium levels by
written notice by direct mail within
three months. A copy of each notice re-
quired to be provided by this paragraph
shall be sent to EPA andlor the State
within 10 days of its issuance. The sup-
plier of water is not required to notify
appropriate local and State public
health officials of the sodium levels
80 where the State provides such notices
in lieu of the supplier.
(d) Analyses for sodium shall be per-
formed by the flame photometric
method in accordance with the proce-
dures described in “Standard Methods
for the Examination of Water and
Wastewater,” 14th Edition, pp. 250-253;
or by Method 273.1, Atomic Absorp-
tion—Direct Aspiration or Method
273.2, Atomic Absorption—Graphite
Furnace, in “Methods for Chemical
Analysis of Water and Waste,” EMSL,
Cincinnati, EPA, 1979; or by Method
D1428—64(a) In Annual Book of ASTM
Standards, Part 31, Water.
[ 45 FR 57345, Aug. 2’?, 1980)
§ 141.42 Special monitoring for
corrosivity characteristics.
(a) Suppliers of water for community
public water systems shall collect sam-
ples from a representative entry point
to the water distribution system for
the purpose of knaiysis to determine
7 1 / 7
-------
the corrosivity characteristics of the
water.
(1) The supplier shall collect two
i.mpies per plant for analysis for each
plant using surface water sources whol-
ly or in part or more if required by the
State; one during mid-winter and one
during mid-summer. The supplier of
the water shall collect one sample per
plant for analysis for each plant using
ground water sources or more if re-
quired by the State. The minimum
number of samples required to be taken
by the system shall be based on the
number of treatment plants used by
the system, except that multiple wells
drawing raw water from a single aqui-
fer may, with the State approval, be
considered one treatment plant for de-
termining the minimum number of
samples.
(2) Determination of the corrosivity
characteristics of the water shall in-
clude measurement of pH, calcium
hardness, alkalinity, temperature,
total dissolved solids (total filterable
residue), and calculation of the
Langelier Index in accordance with
‘)aragraph (C) of this section. The de-
rmination of corrosivity characteris-
Gics shall only include one round of
Eampling (two samples per plant for
surface water and one sample per plant
for ground water sources). However,
States may require more frequent mon-
itoring as appropriate. In addition,
States have the discretion to require
monitoring for additional parameters
which may indicate corrosivity charac-
teristics, such as sulfates and
chlorides. In certain cases, the Aggres-
sive Index, as described in paragraph
(c), can be used instead of the
Langelier Index; the supplier shall re-
quest in writing to the State and the
State will make this determination.
(b) The supplier of water shall report
to EPA and/or the State the results of
the analyses for the corrosivity charac-
teristics within the first 10 days of the
month following the month in which
the sample results were received. If
more frequent sampling is required by
the State, the supplier can accumulate
the dat and shall report each value
within 10 days of the month following
the month in which the analytical re-
suits of the last sample was received.
The supplier of water shall not be re-
quired to report the results to EPA
where the State has adopted this regu-
lation and results are reported to the
State.
(c) Analyses conducted to determine
the corrosivity of the water shall be
made in accordance to the following
methods:
(1) Langeller Index—”Standard Meth-
ods for the Examination of Water and
Wastewater,” 14th Edition, Method 203,
pp. 61-63.
(2) Aggressive Index—”AWWA Stand-
ard for Asbestos-Cement Pipe, 4 in.
through 24 in. for Water and Other Liq-
uids,” AWWA C400-77, Revision of C400—
75, AWWA, Denver, Colorado.
(3) Total Filtrable Residue—”Stand-
ard Methods for the Examination of
Water and Wastewater,” 14th Edition,
Method 208B, pp. 92—93; or “Methods for
Chemical Analysis of Water and
Wastes,” Method 160.1.
(4) Temperature—”Standard Methods
for the Examination of Water and
Wastewater,” 14th Edition, Method 212,
pp. 125-126.
(5) Calcium—EDTA titrimetric meth-
od “Standard Methods for the Exam-
ination of Water and Wastewater,” 14th
Edition. Method 306C, pp. 189—191; or
“Annual Book of ASTM Standards,”
Method D—1126—67B; “Methods for
Chemical Analysis of Water and
Wastes,” Method 215.2.
(6) Alkalinity—Methyl Orange end
point pH 4.5. “Standard Methods for
the Examination of Water and
Wastewater,” 14th EditIon, Method 403,
pp. 278-281; or “Annual Book of ASTM
Standards,” Method D1067—70B; or
“Methods for Chemical Analysis of
Water and Wastes,” Method 310.1.
(7) pH—”Standard Methods for the
Examination of Water and
Wastewater,” 14th Edition, Method 424,
pp. 460-465; or “Methods for Chemical
Analysis of Water and Wastes,” Method
150.1; or “Annual Book of ASTM Stand-
ards,” Method D—1293-78 A or B.
(8) Chloride—Potentlometric Method,
“Standard Methods for the Examina-
tion of Water and Wastewater,” 14th
Edition, p. 306.
(9) Sulfate—TurbidimetriC Method,
“Methods for Chemical Analysis of
Water and Wastes,” pp. 277—278, EPA,
Office of Technology Transfer, Wash-
ington, DC, 20460, 1974, or “Standard
-------
Environmental Protection Agency
§ 141.50
Methods for the Examination of Water
and Wastewater,” 14th Edition, pp. 496-
498.
(d) Community water supply systems
shall Identify whether the following
construction materials are present in
their distribution system and report to
the State:
Lead from piping, solder, caulking, Interior
lining of distribution mains, alloys and
home plumbing.
Copper from piping and alloys, service lines,
and home plumbing.
Galvanized piping, service lines, and home
plumbing.
Ferrous piping materials such as cast Iron
and steel.
Asbestos cement pipe.
In addition, States may require identi-
fication and reporting of other mate-
rials of construction present in dis-
tribution systems that may contribute
contaminants to the drinking water,
such as:
Vinyl lined asbestos cement pipe.
Coal tar lined pipes and tanks.
[ 45 FR 57346, Aug. 27, 1980; 47 FR 10999, Mar.
12, 1982]
§ 141.43 Prohibition on use of lead
pipes, solder, and flux.
(a) In general—(1) Prohibition. Any
pipe, solder, or flux, which is used after
June 19, 1986, in the installation or re-
pair of—
(i) Any public water system, or
(ii) Any plumbing in a residential or
nonresidential facility providing water
for human consumption which is con-
nected to a public water system shall
be lead free as defined by paragraph (d)
of this section. ThIs paragraph (a)(1)
shall not apply to leaded joints nec-
essary for the repair of cast iron pipes.
(2) Each public water system shall
identify and provide notice to persons
that may be affected by lead contami-
nation of their drinking water where
such contamination results from either
or both of the following:
(i) .The lead content in the construc-
tion materials of the public water dis-
tribution system,
(Ii) orrosivity of the water supply
sufficient to cause leaching of lead.
Notice shall be provided notwith-
standing the absence of a violation of
any national drinking water standard.
The manner and form of notice are
specified in § 141.34 of this part.
(b) State enforcement—(1) Enforcement
of prohibition. The requirements of
paragraph (a)(1) of this section shall be
enforced in all States effective June 19,
1988. States shall enforce such require-
ments through State or local plumbing
codes, or such other means of enforce-
ment as the State may determine to be
appropriate.
(2) Enforcement of public notice require-
ments. The requirements of paragraph
(a)(2) of this section, shall apply in all
States effective June 19, 1988.
(C) Penalties. If the Administrator de-
termines that a State is not enforcing
the requirements of paragraph (a) of
this section, as required pursuant to
paragraph (b) of this section, the Ad-
ministrator may withhold up to 5 per-
àent of Federal funds available to that
State for State program grants under
section 1443(a) of the Act.
(d) Definition of lead free. For pur-
poses of this section, the term lead free
(1) When used with respect to solders
and flux refers to solders and flux con-
taining not more than 0.2 percent lead,
and
(2) When used with respect to pipes
and pipe fittings refers to pipes and
pipe fittings containing not more than
8.0 percent lead.
(52 FR 20674, June 2, 1987]
Subpart F—Maximum
Contaminant Level Goals
§ 141.50 Maximum contaminant level
goals for organic contaminants.
(a) MCLGs are zero for the following
contaminants:
(1) Benzene
(2) Vinyl chloride
(3) Carbon tetrachlorlde
(4) 1,2-dlchioroethane
(5) Trichloroethylene
(6) Acrylamide
(7) Alachlor
(8) Chiordane
(9) Dibromochioropropane
(10) 1 ,2-Dichloro propane
(11) Eplchiorohydrin
(12) Ethylene dibromide
(13) Heptachior
(14) Heptachlor epoxide
(15) Pentachlorophenol
7 qq
-------
0 •.
... I D I % lI S I S#
(16) Polychiorinated biphenyls (PCBs)
(17) Tetrachloroethylene
‘18) Toxaphene
19) Benzo [ a]pyrene
(20) Dlchioromethane (methylene chlo-
ride)
(21) Di(2-ethylhexyl)phthalate
(22) Hexachlorobenzene
(23) 2,3,7,8-TCDD (Dioxin)
(b) MCLGS for the following contami-
nants are as indicated:
Contaminant
MCLG in
m
(1) 1,1-Dich)o.oethylene .. ..
0.007
0.20
0.075
0.001
0.901
0.001
0.003
0.04
0.6
0.07
0.1
0.07
0.7
0.0002
0.04
0.1
0.1
1
0.05
10
0.2
.4
.007
.02
.1
.002
.7
.05
.2
.5
.004
.07
.003
(2) 1 .1 ,1-Trtchloroethane .. ..
(3) para-Dlctilorvbenzene .. ... . . ....
(4) Aldlcarb ... ..
(5) ..
(6) Aldlcasb sutf
..
(7) Atrazlne .. .. ..
Casbofuran
..
(9) o-Dichlorobenzene
.........
(10) ds-12-D c)iloi’oethytene .... -
(11) trans -I ,2-Dictiloroeth Iene ..
(12) 2,4-D .... .. ..
(14) Lindane
.. ..
(15) Methoxychlor .. ..
Monochlorobenzene
...... ..
(17)Styrene
..
(18)Toluene ..
(20) (total)
..
.21) Dalapon
(22) DI(2-elhylhexyl)adipate ......
Dinoseb
.. ..
(24) Dlquat
.. .. ..
(25) .. ..
(26) Endnn
... .. ..
(27) Clyphosate
.. ..
(28) Hexachlorocydopentadiene
......
(30) Piclorajn
Simazine
(31)
..
,2,4 -Tnchlorobenzene
...._
(33) 1,1 2-Tnchloroethane
.. ..
[ 50 FR 46901, Nov. 13, 1985, as amended at 52
FR 20674, June 2, 1987; 52 FR 25716, July 8,
1987; 56 FR 3592, Jan. 30, 1991; 56 FR 30280,
July 1, 1991; 57 FR 31846, July 17, 1992]
§ 141.51 Mnximum contaminnnt level
goals for Inorganic contaminants.
(a) [ Reserved]
(b) MCLGs for the following contami-
nants are as indicated:
Contaminant
MCLG (mg/i)
0.006
7 MIlion fibeis/lrtec
(longer than 10 pm).
2
.004
0.005
0.1
1.3
2
Contaminant
MCLG (mg/i)
fluoride
.
4.0
lead
zero
Mercury
0.002
Nlci el
.1
N rate
Nitrite
10 (as Nitrogen).
1 (as Nitrogen).
10 (as Nitrogen).
Total Nttrate+Nitnte
Selenium
Thallium
0.05
.0005
[ 50 FR 47155, Nov. 14, 1985, as amended at 52
FR 20674, June 2, 1987; 56 FR 3593, Jan. 30,
1991; 56 FR 26548, June 7, 1991; 56 FR 30280.
July 1, 1991; 57 FR 31846, Julir 17, 1992]
§ 141.52 Maximum contaminant level
goals for microbiological contami-
nants.
MCLGs for the following contarni-
nants are as indicated:
Contaminant
MCLG
(1) GIBICIIa Iambha
(2) VIruses .... ..
zero
ziro
zero
zero.
(3) LegioraeJla ..
(4) TOtal colitorms (including focal coliforms
and Esclje#chia co! ,).
[ 54 FR 27527, 27566, June 29, 1989; 55 FR 25064,
June 19. 1990)
Subpart G—National Revised Pri-
mary Drinking Water Re9uIa-
tions: Maximum Contaminant
Levels
§141.60 Effective dates.
(a) The effective dates for § 141.61 are
as follows:
(1) The effective date for paragraphs
(a)(1) through (a)(8) of § 141.61 is Janu-
ary 9, 1989.
(2) The effective date for paragraphs
(a)(9) through (a)(18) and (c)(1) through
(c)(18) of § 141.61 is July 30, 1992.
(3) The effective date for paragraphs
(a)(19) through (a)(21), (c)(19) through
(c)(25), and (c)(27) through (c)(33) of
§ 141.61 is January 17, 1994. The effective
date of §141.61(c)(26) is August 17, 1992.
(b) The effective dates for § 141.62 are
as follows:
(1) The effective date of paragraph
(b)(1) of § 141.62 is October 2, 1987.
(2) The effective date for paragraphs
(b)(2) and (b)(4) through (b)(10) of
§141.62 is July 30, 1992.
Antimony
Asbestos
Banum ,.
Ber)llium
Codmiurn
Coromium . ..,
Cyanide (as free Cyanide)
lco
-------
nvironmenrui rro ciiuii y in.;y
(3) The effective date for paragraphs
(b)(11) through (b)(15) of § 141.62 Is Janu-
ary 17, 1994.
(56 FR 3593, Jan. 30, 1991. as amended at 57
FR 31846, July 17, 1992; 59 FR 34324, July 1,
1994]
(b) The Administrator, pursuant to
sectIon 1412 of the Act, hereby identi-
fies as indicated in the Table below
granular activated carbon (GAC),
packed tower aeration (PTA), or oxida-
§ 141.61 Maximum contaminant levels
for organic contaminants.
(a) The following maximum containi-
nant levels for organic contaminants
apply to community and non-transient,
non-community water systems.
CAS No.
Contaminant
M
CL (mglt)
0.002
0.005
0.005
0.005
0.005
0.075
0.007
0.2
0.07
0.005
0.7
0.1
0.6
0.1
0.005
I
0.1
10
0.005
.07
.005
(1) 75—01—4 .. ..
71-43—2
Vinyl chlo4ide -
•
(2)
.. ... ... .... ... .. ..
(3) 5&-23—5
Caibon tetr thloride ..
1,2-D ichioroethane
- - .. -
(4) 107—06—2
.._...... ..
(5) 79-01-6
Tnch?oroeth lene
.. - .. ....
(6) 106-46—7 ......_ .. .. ..
(7) 75-35-4 .. . .. .. ..
(8) 71—65—6
..
para-D ichlorobenzene .. ..
li-Dlchioroethy lene ......
1,1,1-Trlchloroethane
. ... .. . .
(9) 156-59—2
.._ ..... .....
c ls-1 .2-Dlch loroethytone
.. .. .. .. ......
(10) 78-87-5
..... ..
1,2-Dichioropropane ...... .... ..
.. ... . . .
100-41-4
(11)
....... .. .. .. ...
108-90—7
Ethytbenzene ...... ..
Monoch lorobenzene
....... .. .. .......
(13) 95-60—1
.. ..... ....
o-D ichlorobenzene
..... .. -. ...........
(14) 100—42—6
.. .. - ... .
Styrene ...... .. .. .. .......
Tetrachloroethytene .. - .......
.. ..
(15) 127-18-4 ..... .. .. .. ......
(16) 108—88—3 .......
Toluene ..... .. .. ... .._..
(17) 156-60-5 .......... .. - ..
(18) 1330—20—7
trans-1 ,2-O lchtoroeth y leno .. - .....
Xylenes (totet)
...._ - .. ....
75-09—2
.. .. ...
Dichioromethane
(19)
.. .. .. .....
120- —1
.. . .. ....
1 .2,4-Trichloro- benzene
.. -
(21) 79-00-5 .. ..
..
1,1.2-Tnchloro- ethane
.. -
tion (OX) as the best technology treat-
ment technique, or other means avail-
able for achieving compliance with the
maximum contaminant level for or-
ganic contaminants identified in para-
graphs (a) and (C) of this section:
BAT FOR ORGANIC CONTAMINANTS LISTED IN § 141.61(a) AND (C)
CAS No.
Contaminant
GAC
PTA
OX
15972-60-8 -
116 -06-3_
88
1646-87—3 - . ..
1912—24—9 _..... .. .. ..
71—43-2 ...... . .. ..
60-32-8 ..... .. ..
1563—66—2 - .. .. ..
56-23-5 ....
57—74—9 ......
75—99—0
94—75—7.
103-23-1
117—81—7 ..
96—12—8 ..
95-50-1 .... -
106-46—7 ..
107—06—2 .._
75—35—4
156-69—2
156-60-5
75—09—2 ...... .. ..
78—87—5 ...... . .
88—85—7
85—00—7
145—73—3
72—20—8
100-41-4
106-93-4
Alachlor
A ldicwb
Aldicarb suttone..
Aidicai ’b suit oxide
Atrazine ..
Beniene
Benzo(a]pyrene..
Carbofuran
Cathon tetrachioride
Chlordane ........ ..
Daiapon .. .. ..
2.4-0 ........ ...... -
Di (2-ethythexyl) adipate .. ..
Di (2-ethylhexyl) phthalate -
Dibromochloropropane (DBCP) .... -
o-DichIo obenzene -
para-Dichlorobenzene
1,2-Dichioroethane
1 ,1-Dichloroethylene
cis-1 ,2-Dichtoroethylene
trans-I ,2-Dichloroethylene
Dichloromethane
1,2-Dichloropi-opane ...
Dinoseb
Diquat
Endothail
Endnn
Ethy lbenzene -.
Ethylene Dibromide (EDB)
3 ‘êl.OS
X
X
X
X
X
X
x
x
x
X
X
X
X
X
x
X
X
X
X
x
x
x
X
X
x
x
x
X
x
X
x
X
x
x
X
X
x
X
X
x
x
-j51
-------
BAT FOR ORGANIC CONTAMINANTS LISTED IN § 141.61 (a) AND (c)—Continued
CAS No.
Contaminant
GAC -
PTA
OX
1071—83—6 ..
76-44-8...... ...
1024-57-3
118—74—1
77—47—3
72—43—5
108 —90—7 .. -
23135-22-0 ..
87-86-5
1918-02—1 .. .. ..
1336-36-3 .. ..
122-34—9 - - ..
100-42-5.. . . -
1746-01-6 ... - -
127-18-4 .... - - ..
108-85 -3.... ..
8001—35-2 - - .. .
93 -fl -i - ..
120-82—1 .... -
71-55-6 -
79-00-5 -
79-01-6 - ..
75-01-4
1330-20-7 .. ..
Gyiphosate
Heptach loi
Heptachlor epoxlde
Hexachiorobenzene
Hexachiorocyc lopentad iene
Undane
Methoxych lor
Monoch lorobenzene
Oxamyl (Vydate)
Pentactilorophenol .... .. ..
Picloram ..... - - .....
Polych lorinated biphenyts (PCB) ..
S lmazine
Styrene
2,3,7,8-TCDD (Dioxin) .. ..
Telrach loroelh) Iene .... -
To luene . .
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
.
X
..
-
X
..
X
X
..__.._
..
X
X
X
X
X
X
X
..
-
..
..
-
-
Toxaphene .. -
2,4,5-TP (Sitvex) -
1,2 .4-Tnchlcwobenzene - -
1,1,1-Tr lch loroethane -
1,1,2-Tnch loroethane
Tr lch loroethylene ..
Vinyl chionde ..
Xyiene
(C) The following maximum contami- taminants apply to community water
nant levels for s thetic organic con- systems and non-transient, non-com-
munity water systems:
CAS No.
(1) 15972—60—8 ..
(2) 116—06—3 .. .. -
(3) 1646-87—3 .. — ...
(4) 1646-87-4 ..
(5) 1912—24—9 .. ..... .. — ..
(6) 1563-66-2 - - .. ..
(7) 57—74—9 - -
(8) 96-12-8 - ..
(9) 94_75—7 - -
(10) 108-93-4 .. .. -
(11) 76—44—8 .. ..
(12) 1024-57-3 .. - - -
(13) 58—89-9 ... .. .._.... .. ...
(14) 72—43-5 .. .. —
(15) 1336—36—3 .. - .. .
(16) 87-86-6 .. - .....
(17) 8001—35-2 ......... .. .. ..
(18) 93—72—1 ..
(19) 50—32—8 — ..
(20) 75-99-0 - ...... - - .
(21) 103—23—1 -
(22) 117-81—7 .. ..
(23) 88—85—7 - ..
(24) 85-00-7 .. ..
(25) 145—73—3 -
(26) 72—20-8 ..
(27) 1071—53-6
(28) 118—74—1 ..
(29) 77...47_4
(30) 23135-22-0
(31) 1918—02—1
(32) 122-34-9
(33) 1745- 1—6
Contaminant
Alathior
Aldicarb ..
Aldicart sulfoxide ..
Aldcarb sulfone ._.
Atrazine - -
Caibofuran .. -
Ch lo rdane ... .. ......
MCI. (mg/l)
0.002
0.003
0.004
0.002
0.003
0.04
0.002
0.0002
0.07
0.00005
0.0004
0.0002
0.0002
0.04
0.0005
0.001
0.003
0.05
0.0002
0.2
0.4
0.006
0.007
0.02
0.1
0.002
0.7
0.001
0.05
02
0.5
0.004
3x10’
Dibromochioropropane - .. .._..
2 .4-0 - .. ......
Ethylene dibromide .. .. .....
Heptactilor — — —
Heptach lor epoxido .. .. .. ....
Undane .._.. - ... ..
Methoxych lor .. - .....
Poiychlodnated biphenyls -
Pentachiorophenol .. .. ... __
Toxaphene .. .. -
2,4,5-1? - .. - - - ......
Benzo [ a]pyrene ..
Dalapon .. .. ..
Di(2-ethythexyl) adipate ..
DI(2-ethythexyl) phthalate
Dinoseb -
Diqual ..
Endothall - ...
Endnn
Glyphosate
Hexachoiorbenzene ..
Hexach lorocyclopefltadiene
Oxamyl (Vydate) .-
Picloram
Simazine
2.3.7,8-TCDD (Dioxin)
-------
— —
[ 56 FR 3593, Jan. 30, 1991, as amended at 56
FR 30280, July 1, 1991; 57FR 31846, July 17,
1992; 59 FR 34324, July 1. 1994]
§141.62 Maximum contaminant levels
for inorganic contaminants.
(a) [ Reserved]
(b) The maximum contaminant levels
for inorganic contaminants specified in
paragraphs (b)(2)—(6), (b)(1O), and
(b)(11)—’(15) of this section apply to
community water systems and non-
transient, non-community water sys-
tems. The maximum contaminant level
specified in paragraph (b)(1) of this sec-
tion only applies to community water
systems. The maximum contaminant
levels specified in (b)(7), (b)(8), and
(b)(9) of this section apply to commu-
nity water systems; non-transient,
non-community water systems; and
transient non-community water sys-
tems.
Contaminant
MCL (mgi)
(1)Fluonde.......................
4.0
(2) Asbestos ............... .....
7 Million Fibers/liter
thasi 10 1Am).
(longer
(3) BarIum ..._....................
2
(4) Cadmium .. . ...
0.005
(5) Chromium .... ....
0.1
(6) Mercury ......
0.002
(7) Nitrate ..
10 (as Nitrogen)
1 (as Nitrogen)
10 (as Nitrogen)
(8) ....... -
(9) Total Nitrate and Nitrite ...
(10) Selenium ... .
0.05
(11) Antimony .._....
0.006
(12) Beryllium ... ......
0.004
(13) Cyanide (as free Cya-
0.2
nide).
(14) NIckel .. ......... ....
0.1
(15) Thailium ..._.................
0.002
(c) The Administrator, pursuant to
Section 1412 of the Act, hereby identi-
fies the following as the best tech-
nology, treatment technique, or other
means available for achieving compli-
ance with the maximum contaminant
levels for Inorganic contaminants iden-
tified in paragraph (b) of this section,
except fluoride:
BAT FOR INORGANIC COMPOUNDS LISTED IN
SECTION 141.62(B)
Chemical Name
BAT(s)
BAT FOR INORGANIC COMPOUNDS LISTED IN
SEC110N 141 .62(B)—Continued
Chemical Name
BAT(S)
Mercury ..
2’,4,6’,7’
Nickel
5.6.7
Nitrate
Nitrite
5 7,9
5,7
1 ,2 ,6 ,7 ,9
1,5
Selenium
Thallium
Key to BATS in Table
1=Activated Alumina
2=Coagulation/Fi ltration
3=Dlrect and Diatomite Filtration
4=Granular Activated Carbon
5=Ion Exchange -
6=Lime Softening
7=Reverse Osmosis
8=Corrosion Control
9=Electrodialysis
10=Chlorine
11=Ultraviolet
[ 56 FR 3594, Jan. 30, 1991, as amended at 56
FR 30280, July 1. 1991; 57 FR 31847, July 17,
1992; 59 FR 34325, July 1, 1994]
§ 141.63 Msiximum contaminant levels
(MCLs) for microbiological contami-
nants.
(a) The MCL is based on the presence
or absence of total coliforms in a sam-
ple, rather than coliform density.
(1) For a system which collects at
least 40 samples per month, If no more
than 5.0 percent of the samples col-
lected during a month are total coil-
form-positive, the system is in compli-
ance with the MCL for total coliforms.
(2) For a system which collects fewer
than 40 samples/month, If no more than
one sample collected during a month is
total coliform-positive, the system Is
in compliance with the MCL for total
coliforms.
(b) Any fecal coliform-positive repeat
sample or E. coil-positive repeat sam-
ple, or any total coliform-positive re-
peat sample following a fecal coliform-
positive or E. coli-positive routine sam-
ple constitutes a violation of the MCL
for total coliforms. For purposes of the
public notification requirements in
§ 141.32, this is a violation that may
pose an acute risk to health.
(C) A public water system must deter-
mine compliance with the MCI for
total coliforms in paragraphs (a) and
(b) of this section for each month in
‘BAT only If Influent Hg cuncentrations 1 O1Ag/1.
2 BAT for Chramium III only.
3 BAT for Selenium IV only.
Antimony
Asbestos . —
Banum
Beryllium .........._
Cadmium . ..
Chromium
Cyamde
2,7
2.3.8
5.6.7.9
1.2.5.6.7
2,5.6.7
2.5.627
5.7,10
-------
which It Is required to monitor for
total coliforms.
(d) The Administrator, pursuant to
section 1412 of the Act, hereby identi-
fies the following as the best tech-
nology, treatment techniques, or other
means available for achieving compli-
ance with the maximum contaminant
level for total coliforms in paragraphs
(a) and (b) of this section:
(1) Protection of wells from conta.mi-
nation by coliforms by appropriate
placement and construction;
(2) Maintenance of a disinfectant re-
sidual throughout the distribution sys-
tem;
(3) Proper maintenance of the dis-
tribution system including appropriate
pipe replacement and repair proce-
dures, main flushing programs, proper
operation and maintenance of storage
tanks and reservoirs, and continual
maintenance of positive water pressure
In all parts of the distribution system;
(4) Filtration andlor disinfection of
surface water, as described in subpart
H, or disinfection of ground water
using strong oxidants such as chlorine,
chlorine dioxide, or ozone; and
(5) For systems using ground water,
compliance with the requirements of
an EPA-approved State Wellhead Pro-
tection Program developed and imple-
mented under Section 1428 of the
SDWA.
[ 54 FR 27566, June 29. 1989; 55 FR 25064, June
19, 1990]
Subpart H—Filtration and
Disinfection
SouRcE: 54 FR 27527, June 29, 1989. unless
otherwise noted.
§ 141.70 General requirements.
(a) The requirements of this subpart
H constitute national primary drinking
water regulations. These regulations
establish criteria under which filtra-
tion is required as a treatment tech-
nique for public water systems supplied
by a surface water source and public
water systems supplied by a ground
water source under the direct influence
of surfa ce water. In addition, these reg-
ulations establish treatment technique
requirer ents in lieu of maximum con-
taminant levels for the following con-
taminants: Giard a lamb ha, viruses,
heterotrophic plate count bacteria,
Legionehla, and turbidity. Each public
water system with a surface water
source or a ground water source under
the direct influence of surface water
must provide treatment of that source
water that complies with these treat-
ment technique requirements. The
treatment technique requirements con-
sist of Installing and properly operat-
ing water treatment processes which
reliably achieve:
(1) At least 99.9 percent (3-log) re-
moval and/or inactivation of Giardia
lamblia cysts between a point where the
raw water is not subject to
recontamination by surface water run-
off and a point downstream before or at
the first customer; and
(2) At least 99.99 percent (4-log) re-
moval and/or inactivation of viruses
between a point where the raw water is
not subject to recontamination by sur-
face water runoff and a point down-
stream before or at the first customer.
(b) A public water system using a
surface water source or a ground water
source under the direct influence of
surface water is considered to be In
compliance with the requirements of
paragraph (a) of this section if:
(1) It meets the requirements for
avoiding filtration in. § 141.71 and the
disinfection requirements in § 141.72(a);
or
(2) It meets the filtration require-
ments in § 141.73 and the disinfection
requirements in § 141.72(b).
(C) Each public water system using a
surface water source or a ground water
‘source under the direct Influence of
surface water must be operated by
qualified personnel who meet the re-
quirements specified by the State.
§ 141.71 Criteria for avoiding filtra-
tion.
A public water system that uses a
surface water source must meet all of
the conditions of paragraphs (a) and (b)
of this section, and is subject to para-
graph (C) of this section, begInning De-
cember 30, 1991, unless the State has
determined, in writing pursuant to
§1412(b)(7)(C)(ili), that filtration is re-
quired. A public water system that
uses a ground water source under the
direct influence of surface water must
-75q
-------
I I VII I III I I •a i , I I %#i pi i I I% I 1%. y
, I., I
meet all of the conditions of para-
graphs (a) and (b) of this section and Is
8ubject to paragraph (C) of this section,
beginning 18 months after the State de-
termines that It is under the direct In-
fluence of surface water, or December
30, 1991, whichever is later, unless the
State has determined, In writing pursu-
ant to §1412(b)(7)(C)(IiI), that filtration
is required. If the State determines in
writing pursuant to § 1412(b)(7)(C)(iil)
before December 30, 1991, that filtra-
tion is required, the system must have
installed filtration and meet the cr1-
terla for filtered systems specified in
§ 141.72(b) and 141.73 by June 29, 1993.
WIthin 18 months of the failure of a
system using surface water or a ground
water source under the direct influence
of surface water to meet any one of the
requirements of paragraphs (a) and (b)
of this section or after June 29, 1993,
whichever is later, the system must
have installed filtration and meet the
criteria for filtered systems specified
in § 141.72(b) and 141.73.
(a) Source water quality conditions. (1)
The fecal coliform concentration must
be equal to or less than 20/100 ml, or the
total coliform concentration must be
equal to or less than 100/100 ml (meas-
ured as specified In § 141.74 (a)(1) and (2)
and (b)(1)), in representative samples of
the source water immediately prior to
the first or only point of disinfectant
application in at least 90 percent of the
measurements made for the 6 previous
months that the system served water
to the public on an ongoing basis. If a
system measures both fecal and total
coliforms, the fecal coliform criterion,
but not the total coliform criterion, in
this paragraph must be met.
(2) The turbidity level cannqt exceed
5 NTU (measured as specified in § 141.74
(a)(4) and (b)(2)) Iii representative sam-
ples of the source water immediate1y
prior to the first or only point of dis-
infectant application unless: (i) the
State determines that any such event
was caused by circumstances that were
unusual and unpredictable; and (ii) as a
result of any such event, there have
not been more than two events in the
past 1Z months the system served
water to the public, or more than five
events in the past 120 months the sys-
tem ser’ved water to the public, in
which the turbidity level exceeded 5
NTtJ. An “event” is a series of consecu-
tive days during which at least one tur-
bidity measurement each day exceeds 5
NTU.
(b) Site-specific conditions. (1)(i) The
public water system must meet the re-
quirements of § 141.72(a)(1) at least 11 of
the 12 previous months that the system
served water to the public, on an ongo-
ing basis, unless the system fails to
meet the requirements during 2 of the
12 previous months that the system
served water to the public, and the
State determines that at least one of
these failures was caused by cir-
cumstances that were unusual and un-
predictable.
(ii) The public water system must
meet the requirements of § 141.72(a)(2)
at all times the system serves water to
the public.
(iii) The public water system must
meet the requirements of § 141.72(a)(3)
at all times the system serves water to
the public unless the State determines
that any such failure was caused by
circumstances that were unusual and
unpredictable. -
(Iv) The public water system must
meet the requirements of § 141.72(a)(4)
on an ongoing basis unless the State
determines that failure to meet these
requirements was not caused by a defi-
ciency in treatment of the source
water.
(2) The public water system must
maintain a watershed control program
which minimizes the potential for con-
tamination by Giardia lamblia cysts and
viruses in the source water. The State
must determine whether the watershed
control program is adequate to meet
this goal. The adequacy of a program
to limit potential contamination by
Giardia lamblia cysts and viruses must
be based on: the comprehensiveness of
the watershed review; the effectiveness
of the system’s program to monitor
and control detrimental activities oc-
curring in the watershed; and the ex-
tent to which the water system has
maximized land ownership and/or con-
trolled land use within the watershed.
At a minimum, the watershed control
program must:
(I) Characterize the watershed hy-
drology. and land ownership;
(ii) Identify watershed characteris-
tics and activities which may have an
-------
adverse effect on source water quality;
and
(iii) Monitor the occurrence of activi-
ties which may have an adverse effect
on source water quality.
The public water system must dem-
onstrate through ownership andlor
written agreements with landowners
within the watershed that It can con-
trol all human activities which may
have an adverse impact on the
microbiological quality of the source
water. The public water system must
submit an annual report to the State
that identifies any special concerns
about the watershed and how they are
being handled; describes activities in
the watershed that affect water qual-
ity; and projects what adverse activi-
ties are expected to occur in the future
and describes how the public water sys-
tem expects to address them. For sys-
tems using a ground water source
under the direct influence of surface
water, an approved welihead protection
program developed under section. 1428
of the Safe Drinking Water Act may be
used, if the State deems it appropriate,
to meet these requirements.
(3) The public water system must be
subject to an annual on-site inspection
to assess the watershed control pro-
gram and disinfection treatment proc-
ess. Either the State or a party ap-
proved by the State must conduct the
on-site inspection. The inspection must
be conducted by competent individuals
such as sanitary and civil engineers,
sanitarians, or technicians who have
experience and knowledge about the
operation and maintenance of a public
water system, and who have a sound
understanding of public health prin-
ciples and waterborne diseases. A re-
port of the on-site inspection summa-
rizing all findings must be prepared
every year. The on-site inspection
must Indicate to the State’s satisfac-
tion that the watershed control pro-
gram and disinfection treatment proc-
ess are adequately designed and main-
tained. The on-site inspection must in-
clude:
(i) A review of the effectiveness of
the watershed control program;
(ii) A review of the physical condi-
tion of the source intake and how well
it is prc tected;
(iii) A review of the system’s equip-
ment maintenance program to ensure
there is low probability for failure of
the disinfection process;
(iv) An inspection of the disinfection
equipment for physical deterioration;
(v) A review of operating procedures;
(vi) A review of data records to en-
sure that all required tests are being
conducted and recorded and disinfec-.
tion is effectively practiced; and
(vii) Identification of any improve-
ments which are needed in the equip-
ment, system maintenance and oper-
ation, or data collection.
(4) The public water system must not
have been identified as a source of a
waterborne disease outbreak, or if it
has been so identified, the system must
have been modified sufficiently to pre-
vent another such occurrence, as deter-
mined by the State.
(5) The public water system must
comply with the maximum contami-
nant level (MCL) for total coliforms in
§141.63 at least 11 months of the 12 pre-
vIous months that the system served
water to the public, on an ongoing
basis, unless the State determines that
failure to meet this requirement was
not caused by a deficiency in treat-
ment of the source water.
(6) The public water system must
comply with the requirements for
trihalomethanes in § 141.12 and 141.30.
(c) Treatment technique violations. (1)
A system that (I) fails to meet any one
of the criter a in paragraphs (a) and (b)
of this section and/or which the State
has determined that filtration is re-
quired, in writing pursuant to
§1412(b)(7)(C)(iii), and (ii) fails to in-
stall filtration by the date specified In
the introductory paragraph of this sec-
tion Is in violation of a treatment tech-
nique requirement.
(2) A system that has not installed
filtration is in violation of a treatment
technique requirement if:
(1) The turbidity level (measured as
specified In §141.74(a)(4) and (b)(2)) in a
representative sample of the source
water Immediately prior to the first or
only point of disinfection application
exceeds 5 NTU; or
(ii) The system is identified as a
source of a waterborne disease out-
break.
‘7
-------
§ 141.72 Disinfection.
A public water system that uses a
surface water source and does not pro-
vide filtration treatment must provide
the disinfection treatment specified in
paragraph (a) of this section beginning
December 30, 1991, unless the State de-
termines that filtration is required in
writing pursuant to § 1412 (b)(7)(C)(iii).
A public water system that uses a
ground water source under the direct
influence of surface water and does not
provide filtration treatment must pro-
vide disinfection treatment specified in
paragraph (a) of this section beginning
December 30, 1991, or 18 months after
the State determines that the ground
water source is under the influence of
surface water, whichever is later, un-
less the State has determined that fil-
tration is required in writing pursuant
to §1412(b)(7)(C)(iii). If the State has
determined that filtration Is required.
the system must comply with any in-
terim disinfection requirements the
State deems necessary before filtration
is installed. A system that uses a sur-
face water source that provides filtra-
tion treatment must provide the dis-
infection treatment specified in para-
graph (b) of this section beginnng June
29, 1993, or beginning when filtration is
installed, whichever is later. A system
that uses a ground water source under
the direct influence of surface water
and provides filtration treatment must
provide disinfection treatment as spec-
Ified in paragraph (b) of this section by
June 29, 1993, or beginning when filtra-
tion is installed, whichever is later.
Failure to meet any requirement of
this section after the applicable date
specified in this introductory para-
graph is a treatment technique viola-
tion.
(a) Disinfection requirement-s for public
water systems that do not provide filtra-
tion. Each public water system that
does not provide filtration treatment
must provide disinfection treatment as
follows:
(1) The disinfection treatment must
be sufficient to ensure at least 99.9 per-
cent (3-log) inactivation of Giardia
lamblia cysts and 99.99 percent (4-log)
inactihtion of viruses, every day the
system serves water to the public, ex-
cept an r one day each month. Each day
a system serves water to the public,
the public water system must calculate
the CT value(s) from the system’s
treatment parameters, using the -proce-
dure specified in §141.74(b)(3), and de-
termine whether this value(s) Is suffi-
cient to achieve the specified inactiva-
tion rates for Giardia lamblia cysts and
viruses. If a system uses a disinfectant
other than chlorine, the system may
demonstrate to the State, through the
use of State-approved protocol for on-
site disinfection challenge studies or
other information satisfactory to the
State, that CT . 9 values other than
those specified in Tables 2.1 and 3.1 In
§ 141.74(b)(3) or other operational pa-
rameters are adequate to demonstrate
that the system is achieving minimum
inactivation rates required by para-
graph (a)(1) of this section.
(2) The disinfection system must
have either (i) redundant components,
including an auxiliary power supply
with automatic start-up and alarm to
ensure that disinfectant application is
maintained continuously while water
is being delivered to the distribution
system, or (ii) automatic shut-off of de-
livery of water to the distribution sys-
tem whenever there is less than 0.2 mgI
1 of residual disinfectant concentration
in the water. If the State determines
that automatic shut-off would cause
unreasonable risk to health or inter-
fere with fire protection, the system
must comply with paragraph (a)(2)(i) of
this section.
(3) The residual disinfectant con-
centration in the water entering the
distribution system, measured as speci-
fied in §141.74(a)(5) and (b)(5), cannot be
less than 0.2 mg/I for more than 4
hours.
(4)(i) The residual disinfectant con-
centration in the distribution system,
measured as total chlorine, combined
chlorine, or chlorine dioxide, as speci-
fied in §141.74(a)(5) and (b)(6), cannot be
undetectable in more than 5 percent of
the samples each month, for any two
consecutive months that the system
serves water to the public. Water in the
distribution system with a
heterotrophic bacteria concentration
less than or equal to 500/ml, measured
as heterotrophic plate count (HPC) as
specified in §141.74(a)(3), is deemed to
have a detectable disinfectant residual
for purposes of determining compliance
‘751
-------
with this requirement. Thus, the value
“V” in the following formula cannot
exceed 5 percent in one month, for any
two consecutive months.
c+d+e
V xlOO
a+b
where:
a=number of instances where the residual
disinfectant concentration is measured;
b=number of Instances where the residual
disinfectant concentration 18 not meas-
tired but heterotrophic bacteria plate
count (l-1PC) is measured;
c=number of instances where the residual
disinfectant concentration is measured
but not detected and no HPC is meas-
ured;
d=number of instances where the residual
disinfectant concentration is measured
but not detected and where the HPC is
>500/mi; and
e=number of instances where the residual
disinfectant concentration is not meas-
ured and HPC is >500/mi.
(ii) If the State determines, based on
site-specific considerations, that a sys-
tem has no means for having a sample
transported and analyzed for HPC by a
certified laboratory under the requisite
time and temperature conditions speci-
fied by §141.74(a)(3) and that the sys-
tem is providing adequate disinfection
In the distribution system, the require-
ments of paragraph (a)(4)(i) of this sec-
tion do not apply to that system.
(b) Disinfection requirements for public
water systems which provide filtration.
Each public water system that provides
filtration treatment must provide dis-
infection treatment as follows.
(1) The disinfection treatment must
be sufficient to ensure that the total
treatment processes of that system
achieve at least 99.9 percent (3-log) in-
activation and/or removal of Giardia
lamblia cysts and at least 99.99 percent
(4-log) inactivation and/or removal of
viruses, as determined by the State.
(2) The residual disinfectant con-
centration in the water entering the
distribution system, measured as speci-
fied in § 141.74 (a)(5) and (c)(2), cannot
be less than 0.2 mgfl for more than 4
hours.
(3)(i7 The residual disinfectant con-
centration in the distribution system,
measu ed as total chlorine, combined
chlorine, or chlorine dioxide, as sped-
fled in §141.74 (a)(5) and (c)(3), cannot
be undetectable In more than 5 percent
of the samples each month, for any two
consecutive months that the system
serves water to the public. Water in the
distribution system with a
heterotrophic bacteria concentration
less than or equal to 500/mi, measured
as heterotrophic plate count (HPC) as
specified in §141.74(a)(3), is deemed to
have a detectable disinfectant residual
for purposes of determining compliance
with this requirement. Thus, the value
“V” in the following formula cannot
exceed 5 percent in one month, for any
two consecutive months.
c+d+e
V= xlOO
a+b
where:
a=number of instances where the residual
disinfectant concentration is measured;
b=number of instances where the residual
disinfectant conceI tration Is not meas-
ured but heterotrophic bacteria plate
count (HPC) is measured;
c=number of instances where the residual
disinfectant concentration is measured
but not detected and no HPC is meas-
ured;
d=number of instances where no re8idual dis-
infectant concentration Is detected and
where the HPC is >500/mi; and
e=number of instances where the residual
disinfectant concentration is not meas-
ured and HPC is >500/mi.
(ii) If the State determines, based on
site-specific considerations, that a sys-
tem has no means for having a sample
transported and analyzed for HPC by a
certified laboratory under the requisite
time and temperature conditions speci-
fied in §141.74(a)(3) and that the system
is providing adequate disinfection In
the distribution system, the require-
ments of paragraph (b)(3)(i) of this sec-
tion do not apply.
§ 141.73 Filtration.
A public water system that uses a
surface water source or a ground water
source under the direct Influence of
surface water, and does not meet all of
the criteria in § 141.71 (a) and (b) for
avoiding filtration, must provide treat-
ment consisting of both disinfection, as
specified In § 141.72(b), and filtration
treatment which complies with the re-
quirements of paragraph (a), (b), (C),
-------
LnvlronmenTal rrotocnon agency
141./4
(d), or (e) of this section by June 29,
1993, or within 18 months of the failure
to meet any one of the criteria for
avoiding filtration in §141.71 (a) and
(b), whichever Is later. Failure to meet
any requirement of this section after
the date specified in this introductory
paragraph is a treatment technique
violation.
(a) Conventional filtration treatment or
direct filtration. (1) For systems using
conventional filtration or direct filtra-
tion, the turbidity level of representa-
tive samples of a system’s filtered
water must be less than or equal to 0.5
NTU in at least 95 percent of the meas-
urements taken each month, measured
as specified in §141.74 (a)(4) and (c)(1),
except that if the State determines
that the system is capable of achieving
at least 99.9 percent removal and/or in-
activation of Giardia lamblia cysts at
some turbidity level higher than 0.5
NTU in at least 95 percent of the meas-
urements taken each month, the State
may substitute this higher turbidity
limit for that system. However, in no
case may the State approve a turbidity
limit that allows more than 1 NTU in
more than 5 percent of the samples
taken each month, measured as speci-
fied in § 141.74 (a)(4) and (c)(1).
(2) The turbidity level of representa-
tive samples of a system’s filtered
water must at no time exceed 5 NTU,
measured as specified in § 141.74 (a)(4)
and (c)(1).
(b) Slow sand filtration. (1) For sys-
tems using slow sand filtration, the
turbidity level of representative sam-
ples of a system’s filtered water must
be less than or equal to 1 NTU in at
least 95 percent of the measurements
taken each month, measured as speci-
fied in §141.74 (a)(4) and (c)(1), except
that if the State determines there Is no
significant interference with disinfec-
tion at a higher turbidity level, the
State may substitute this higher tur-
bidity limit for that system.
(2) The turbidity level of representa-
tive samples of a system’s filtered
water must at no time exceed 5 NTIJ,
measured as specified in § 141.74 (a)(4)
and (c)(1 .
(C) Diatomaceous earth filtration. (1)
For systems using diatomaceous earth
filtration,’ the turbidity level of rep-
resentative samples of a system’s flu-
tered water must be less than or equal
to 1 NTU In at least 95 percent of the
measurements taken each month,
measured as specified In § 141.74 (a)(4)
and (c)(1).
(2) The turbidity level of representa-
tive samples of a system’s filtered
water must at no time exceed 5 NTU,
measured as specified in § 141.74 (a)(4)
and (c)(1).
(d) Other filtration technologies. A pub-
lic water system may use a filtration
technology not listed in paragraphs
(a)—(c) of this section if it demonstrates
to the State, using pilot plant studies
or other means, that the alternative
filtration technology, in combination
with disinfection treatment that meets
the requirements of § 141.72(b), consist-
ently achieves 99.9 percent removal
and/or Inactivation of Glardia lamblia
cysts and 99.99 percent removal and/or
inactivation of viruses. For a system
that makes this demonstration, the re-
quirements of paragraph (b) of this sec-
tion apply.
§ 141.74 Analytical and monitoring re-
quirements.
(a) Analytical requirements. Only the
analytical method(s) specified in this
paragraph, or otherwise approved by
EPA, may be used to demonstrate com-
pliance with the requirements of
§ 141.71. 141.72, and 141.73. Measure-
ments for pH, temperature, turbidity,
and residual disinfectant concentra-
tions must be conducted by a party ap-
proved by the State. Measurements for
total coliforms, fecal coliforms, and
HPC must be conducted by a labora-
tory certified by the State or EPA to
do such analysis. Until laboratory cer-
tification criteria are developed for the
analysis of HPC and fecal coliforms,
any laboratory certified for total coil-
form analysis by EPA is deemed cer-
tified for HPC and fecal coliform analy-
sis. The following procedures shall be
performed in accordance with the pub-
lications listed in the following sec-
tion. 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
of the methods published in Standard
Methods for the Examination of Water
and Wastewater may be obtained from
the American Public Health Associa-
-------
tion et al., 1015 Fifteenth Street, NW.,
Washington, DC 20005; copies of the
Minimal Medium ONPG—MUG Method
as set forth in the article “National
Field Evaluation of a Defined Sub-
strate Method for the Simultaneous
Enumeration of Total Coliforms and
Esherichia coli from Drinking Water:
Comparison with the Standard Mul-
tiple Tube Fermentation Method”
(Edberg et al.), Applied and Environ-
mental Microbiology, Volume 54, pp.
1595-1601, June 1988 (as amended under
Erratum, Applied and Environmental
Microbiology, Volume 54, p. 3197, De-
cember, 1988), may be obtained from
the American Water Works Association
Research Foundation, 6666 West Quincy
Avenue, Denver, Colorado, 80235; and
copies of the Indigo Method as set forth
in the article “Determination of Ozone
in Water by the Indigo Method” (Bader
and Hoigne), may be obtained from
Ozone Science & Engineering,
Pergamon Press Ltd., Fairview Park,
Elmsford, New York 10523. Copies may
be Inspected at the U.S. Environmental
Protection Agency, Room EB15, 401 M
Street, SW., Washington, DC 20460 or at
the Office of the Federal Register, 800
North Capitol Street, NW., suite 700,
Washington, DC.
(1) Fecal coliform concentration—
Method 908C (Fecal Coliform MPN Pro-
cedures), pp. 878-880, Method 908D (Es-
timation of Bacterial Density), pp. 880-
882, or Method 909C (Fecal Coliform
Membrane Filter Procedure), pp. 896-
898, as set forth in Standard Methods for
the Examination of Water and
Wastewater, 1985, American Public
Health Association et a!., 16th edItion.
(2) Total coliform concentration—
Method 908A (Standard Total Coliform
Multiple—Tube (MPN) Tests), pp. 872-
876, Method 908B (Application of Tests
to Routine Examinations), pp. 876-878,
Method 908D (Estimation of Bacterial
Density), pp. 880-882, Method 909A
(Standard Total Coliform Membrane
Filter Procedure), pp. 887—894, or Meth-
od 909B (Delayed—Incubation Total
Coliform Procedure), pp. 894—896, as set
forth in Standard Methods for the Exam-
ination of Water and Wastewater, 1985,
American Public Health Association et
al.. 16th editIon; Minimal Medium
ONPG-MUG Test, as set forth in the
artic1 “National Field Evaluation of a
Defined Substrate Method for the Si-
multaneous Enumeration of Total Coil-
forms and Escherich a colz from Drink-
ing Water: Comparison with the Stand-
ard Multiple Tube Fermentation Meth-
od” (Edberg et al.), Applied and Envi-
ronmental Microbiology, Volume 54,
pp. 1595-1601, June 1988 (as amended
under Erratum, Volume 54, p. 3197, De-
cember, 1988).
(NOTE: The Minimal Medium ONPG- MUG
Test Is sometimes referred to as the
Autoanalysis Colilert System). Systems may
use a five-tube test or a ten-tube test.
(3) Heterotrophic Plate Count,—Meth-
od 907A (Pour Plate Method), pp. 864—
866. as set forth in Standard Methods for
the Examination of Water and
Wastewater, 1985, American Public
Health Association et a!., 16th edItion.
(4) Turbidity—Method 214A
(Nephelometric Method—
Nephelometric Turbidity UnIts), pp.
134—136, as set forth in Standard Meth-
ods for the Examination of Water and
Wastewater, 1985, American Public
Health Association et al., 16th edition.
(5) Residual disinfectant concentra-
tion—Residual disinfectant concentra-
tions for free chlorine and combined
chlorine (chioramines) must be meas-
ured by Method 408C (Amperometric
Titration Method), pp. 303-306, Method
408D (DPD Ferrous Titrimetric Meth-
od), pp. 306-309, Method 408E (DPD Col-
orlmetrlc Method), pp. 309—310, or
Method 408F (Leuco Crystal Violet
Method), pp. 310—313, as set forth in
Standard Methods for the Examination of
Water and Wastewater, 1985, American
Public Health Association et al., 16th
edition. Residual disinfectant con-
centrations for free chlorine and com-
bined chlorine may also be measured
by using DPD colorimetric test kits if
approved by the State. Residual dis-
infectant concentrations for ozone
must be measured by the Indigo Meth-
od as set forth in Bader, H., Hoigne, J.,
“Determination of Ozone in Water by
the Indigo Method; A Submitted Stand-
ard Method”; Ozone Science and Engi-
neering, Vol. 4, pp. 169—176, Pergamon
Press Ltd., 1982, or automated methods
which are calibrated in reference to the
results obtained by the Indigo Method
on a regular basis, if approved by the
State.
F7CA
-------
- —-.-—-——--—--.- — -—.
NoTE: This method will be published in the
17th editIon of Standard Methods for the Ex-
amination of Water and Wastewater, American
Public Health Association et al.; the
lodometric Method in the 16th editIon may
not be used.
Residual disinfectant concentrations
for chlorine dioxide must be measured
by Method 410B (Amperometric Meth-
od) or Method 410C (DPD Method), pp.
322—324, as set forth in Standard Meth-
ods for the Examination of Water and
Wastewater, 1985, American Public
Health Association et al, 16th editIon.
(6) Temperature—Method 212 (Tem-
perature), pp. 126—127, as set forth in
Standard Methods for the Examination of
Water and Wastewater, 1985, American
Public Health Association et al., 16th
edition.
(7) pH—Method 423 (pH Value), pp.
429-437, as set forth in Standard Meth-
ods for the Examination of Water and
Wastewater, 1985, American Public
Health Association, 16th edItion.
(b) Monitoring requirements for systems
that do not provide filtration. A public
water system that uses a surface water
source and does not provide filtration
treatment must begin monitoring, as
specified in this pa.ragraph (b), begin-
nIng December 31, 1990, unless the
State has determined that filtration is
required in writing pursuant to
§ 1412(b)(7)(C)(iii), in which case the
State may specify alternative monitor-
ing requirements, as appropriate, until
filtration is In place. A public water
system that uses a ground water source
under the direct influence of surface
water and does not provide filtration
treatment must begin monitoring as
specified in this paragraph (b) begin-
nIng December 31, 1990, or 6 months
after the State determines that the
ground water source is under the direct
influence of surface water, whichever is
later, unless the State has determined
that filtration is required In writing
pursuant to § 1412(b)(7)(C)(iii), in which
case the State may specify alternative
monitoring requirements, as appro-
priate, until filtration is in place.
(1) Fecal coliform or total coliform
density measurements as required by
§141.7f(a)(1) must be performed on rep-
resentative source water samples im-
mediately prior to the first or only
point of disinfectant application. The
system must sample for fecal or total
coliforms at the following minimum
frequency each week the system serves
water to the public:
System size (persons served)
SO S/
5O0
501to3,300 ..
3.301 to 10.000
10.001 to 25,000 .. ..
>25,000
1
2
3
4
5
‘Must be taken on separate days.
Also, one fecal or total coliform den-
sity measurement must be made every
day the system serves water to the
public and the turbidity of the source
water exceeds 1 NTU (these samples
count towards the weekly coliforin
sampling requirement) unless the State
determines that the system, for
logistical reasons outside the system’s
control, cannot have the sample ana-
lyzed within 30 hours of collection.
(2) TurbIdity measurements as re-
quired by §141.71(a)(2) must be per-
formed on representative grab samples
of source water immediately prior to
the first or only point of disinfectant
application every four hours (or more
frequently) that the system serves
water to the public. A public water sys-
tem may substitute continuous turbid-
Ity monitoring for grab sample mon-
itoring if it validates the continuous
measurement for accuracy on a regular
basis using a protocol approved by the
State.
(3) The total Inactivation ratio for
each day that the system is in oper-
ation must be determined based on the
CT . 9 values in Tables 1.1-1.6, 2.1, and
3.1 of this section, as appropriate. The
parameters necessary to determine the
total inactivation ratio must be mon-
itored as follows:
(I) The temperature of the disinfected
water must be measured at least once
per day at each residual disinfectant
concentration sampling point.
(Ii) If the system uses chlorine, the
pH of the disinfected water must be
measured at least once per day at each
chlorine residual disinfectant con-
centration sampling point.
(iii) The disinfectant contact time(s)
(“T”) must be determined for each day
during peak hourly flow.
(iv) The residual disinfectant
concentration(s) (“C”) of the water be-
‘liii
-------
TABLE 1 .2—CT VALUES (CT ) for 99.9 PER-
CENT INACTIVATION OF GIARDIA LAMBLIA
CYSTS BY FREE CHLORINE AT 5.0 °C’—Con-
tinued
fore or at the first customer must be
measured each day during peak hourly
flow.
(v) If a system uses a disinfectant
other than chlorine, the system may
demonstrate to the State. through the
use of a State-approved protocol for on-
site disinfection challenge studies or
other information satisfactory to the
State, that CT , 9 values other than
those specified in Tables 2.1 and 3.1 in
this section other operational param-
eters are adequate to demonstrate ths.t
the system is achieving the minimum
inactivation rates required by
141.72(a)(1).
TABLE 1.1-CT VALUES (CT ,ç 9 ) FOR 99.9 PER-
CENT INAC11VATION OF GIARDIA LAMBLIA
CYSTS BY FREE CHLORINE AT 0.5 °C OR
LOWER’
Freere- pH
sidual
(mg/i) 6.0 6.5 7.0 7.5 8.0 8.5 j 9.0
30...I 1261 1511 1821 nil 2681 3241
389
‘These CT values achieve greater than a 99.99 percent In-
activation of viruses. CT values between the indicated pH val-
ues may be determined by linear interpolation. CT values be-
tween the Indicated temperatures ot different tables may be
determined by linear interpolation. if no interpolation is used.
use the CT value at the lower temperature, and at the
higher pH.
TABLE 1.3—CT VALUES (CT ) for 99.9 PER-
CENT INACTiVATION OF GIARDIA LAMBLIA
CYSTS BY FREE CHLORINE AT 10.0 °C 1
Resid-
ual(mg/
I)
pH
— — — — — —
6.0 6.5 • 7.0 7.5 8.0 8.5 9 0
0.4....
137
163
195
237
277
329
390
0.6 ......
141
168
200
239
286
342
407
0.8 ......
145
172
205
246
295
354
422
1.0 ......
148
176
210
253
304
365
437
12 ......
152
180
215
259
313
376
451
1.4
155
184
221
266
321
387
464
1.6
157
189
226
273
329
397
477
1.8 ......
162
193
231
279
338
407
489
2.0 ....
165
197
236
286
346
417
500
2.2
169
201
242
297
353
426
511
2.4
172
205
247
298
361
435
522
2.6
175
209
252
304
368
444
533
2.8 ...
178
213
257
310
375
452
543
3,0 ......
181
217
261
316
382
460
552
Free re-
sidual
(mg/I)
p11
—————
6.0 6.5 7.0 7.5 80 8.5 9.0
0.4 ...
73
88
104
125
149
177
209
0.6 ,.,
75
90
107
128
153
183
218
0.8...
78
92
110
131
158
189
226
1.0...
79
94
112
134
162
195
234
12...
80
95
114
137
166
200
240
1.4...
82
98
116
140
170
206
247
1.6...
83
99
119
144
174
211
253
1.8...
86
101
122
147
179
215
259
2.0...
87
104
124
150
182
221
265
2.2 ...
89
105
127
153
186
225
271
2.4 ...
90
107
129
157
190
230
276
2.6 ...
92
110
131
160
194
234
281
2.8...
93
111
134
163
197
239
287
3.0 ,,.
95
113
137
166
201
243
292
‘Those CT values achieve greater than a 99.99 percent in-
activation of viruses. CT values between the indicated pH val-
ues may be determined by linear interpolation. CT values be-
tween the indicated temperatures of different tables may be
determined by linear interpolation. If no interpolation used.
use the CT value at the lower temperature and at the high-
erpH.
TABLE 12—CT VALUES (CT for 99.9 PER-
CENT INACTiVATION OF GIARDIA LAMBUA
CYSTS BY FREE CHLORINE AT 5.0 °C 1
‘These CT values achieve greater than a 99.99 percent in-
activation of viruses. CT values between the Indicated pH val-
ues may be determined by linear interpolation. CT values be-
tween the indicated temperatures of different tables may be
determined by linear Interpolation. If no interpolation is used.
use the CT 9 99 value at the lower temperature, and at the
higher pH.
TABLE 1.4—CT VALUES (CT ) for 99.9 PER-
CENT INACTiVATION OF GIARDIA LAMBLIA
CYSTS BY FREE CHLORINE AT 15.0 °C 1
Free re.
sidual
(mg / i)
pH
6.0 6.5 7.0 7.5 8.0 8.5 9.0
Free re-
s iduai
(mg/I)
pH
——————
6.0 6.5 7.0 7.5 8.0 8.5 9.0
O.4
0.6
0.8
1.0
12
1.4
1.6
1.8
2.0
2.2
2.4..
2.6
2.8..
97
100
103
105
107
109
111
114
116
‘ 118
120
122
‘124
117
120
122
125
127
130
132
135
138
140
143
146
148
139
143
146
149
152
155
158
162
165
169
172
175
178
166
171
175
179
183
187
192
196
200
204
209
213
217
198
204
210
216
221
227
232
238
243
248
253
258
263
o.4
0.6
0 . 5
1.0
1.2..
1.4
1.6
1.8
2.0
2.2
2.4
2.6
2.8
236
244
252
260
267
274
281
287
294
300
306
312
318
49
50
52
53
54
55
56
57
58
59
60
61
62
279
291
301
312
320
329
337
345
353
361
368
375
382
59
60
61
63
64
65
66
68
69
70
72
73
74
70
72
73
75
76
78
79
81
83
85
86
88
89
83
86
88
90
92
94
96
98
100
102
105
107
109
99
102
105
108
111
114
116
119
122
124
127
129
132
118
in
126
130
134
137
141
144
147
150
153
156
159
140
146
151
156
160
165
169
173
177
181
184
188
191
-------
Free re-
edual
(mg/i)
pH
6.O 6.5 7.0 7.5 8.0 8.5 9.O
3.0...
63 76 91 111 134 162 195
‘Those CT values achieve greater than a 99.99 percent In-
activation of viruses. CT values between the indicated pH val-
ues may be determined by linear Interpolation. CT values be-
tween the Indicated temperatures of different tables may be
determined by linear Interpolalion. If no interpolation Is used.
use the CT 9 99 value at the lower temperature, and at the
higher pH.
TABLE 1 .5—CT Values (CT . 9 ) FOR 99.9 PER-
CENT INAC11VATION OF GIARDIA LAMBLIA
CYSTS BY FREE CHLORINE AT 20 °C’
Freere-
sIdu ai
(mg/I)
pH
£ 6.0 6.5 7.0 7.5 8.0 8.5 9.0
O.4...
36
44
52
62
74
89
105
0.6_....
38
45
54
64
77
92
109
0.8......
39
46
55
66
79
95
113
1.0......
39
47
56
67
81
98
117
12......
40
48
57
69
83
100
120
1.4 ....
41
49
58
70
85
103
123
1.6......
42
50
59
72
87
105
126
1.8_....
43
51
61
74
89
108
129
2.0
44
52
62
75
91
110
132
22......
44
53
63
77
93
113
135
2.4......
45
54
65
78
95
115
138
2.6
46
55
66
80
97
117
141
2.8
47
58
67
81
99
119
143
3.0
47
57
68
83
101
122
146
‘These CT values achieve greater than a 99.99 percent in-
activation of viruses. CT values between the indicated pH val-
ues may be determIned by linear Interpolation. CT values be-
tween the Indicated temperatures of different tables may be
determu ed by linear Interpolation. If no interpolation Is used.
use the CT 9 99 value at the lower temperature, and at the
higher pH.
<1’C 5C 10C 15C 20C 25C
Chledne dioxide .. .....
Ozone .................... .. .. .. ....
63 26 23 19 15 11
2.9 1.9 1.4 0.95 0.72 0.48
‘These CT values achieve greater than 99.99 percent Inactivation of viruses. CT values between the indicated temperatures
may be determined by linear Interpolation. If no interpolation is used, use the CT 999 value at the lower temperature for determin-
ing CT 999 values botween indicated temperatures.
TABLE 1 .4—CT VALUES (CT ) for 99.9 PER-
CENT INACTIVATION OF GIARDIA LAMBLIA
TABLE 1
CENT
.6—CT Values (CT ) FOR 99.9 PER-
INACTIVATION OF GIARDIA LAMBLIA
CYSTS BY FREE CHLORINE AT 15.0 °C’—
CYSTS
BY FREE CHLoR iNE
AT 25°C 1
Ar ’lD
Continued
HIGHER
Freere-
sidual
(mg/I)
pH
6.0
65
7.0
7.5
8.0
8.5
9.0
0.4...
24
29
35
42
50
59
70
0.6
25
30
36
43
51
61
73
0.8
26
31
37
44
53
63
75
1.0
26
31
37
45
54
65
78
1.2
27
32
38
48
55
67
80
1.4
27
33
39
47
57
69
82
1.6
28
33
40
48
58
70
84
1.8......
29
34
41
49
60
72
86
2.0......
29
35
41
50
61
74
88
22......
30
35
42
51
62
75
90
2.4......
30
36
43
52
63
77
92
2.6......
31
37
44
53
65
78
94
2.8......
31
37
45
54
66
80
96
3.0......
32
38
46
55
67
81
97
‘These CT values achieve greater than a 99.99 percent In-
activation of viruses. CT values between the Indicated pH val-
ues may be determined by linear Interpolation. CT values be-
tween the Indicated temperatures of different tables may be
determined by linear interpolation. If no interpolation Is used,
use the CT 999 value at the lower temperature, and at the
higher pH.
TABLE 2.1—CT VALUES (CT . 9 ) FOR 99.9 PERCENT INACTIVATION OF GIARDIA LAMBLIA CYsTS BY
CHLORINE DIOXIDE AND OZONE 1
Temperature
-------
TABLE 3.1—CT VALUES (CT ) FOR 99.9
PERCENT INACTiVATION OF GIARDIA L.AMBLIA
CYSTS BY CHLORAMINES’
Temperature
< 1 ‘C
5 SC
10 ‘C
15 C
20 ‘C
25 C
3.800
2,200
1,850
1,500
1,100
750
(4) The total inactivation ratio must
be calculated as follows:
(1) If the system uses only one point
of disinfectant application, the system
CTcsJc
(1) Determine for
la7nblia inactivation requirement has
been achieved.
(ii) If the system uses more than one
point of disinfectant application before
or at the first customer, the system
must determine the CT value of each
disinfection sequence immediately
prior to the next point of disinfectant
application during peak hourly flow.
The CTcalc/CT 99 • 9 value of each se-
quence and
CTcalc
CT 999 -
must be calculated using the method
in parag ’aph (b)(4)(i)(B) of this section
to determine if the system is in com-
pliance with § 142.72(a).
may determine the total inactivation
ratio based on either of the following
two methods:
(A) One Inactivation ratio (CTcalc/
CT 999 ) is determined before or at the
first customer during peak hourly flow
and if the CTcalc/CT 99 . 9 1.0, the 99.9
percent Giardia lamblia inactivation re-
quirement has been achieved; or
(B) Successive CTcalc/CT 999 values,
representing sequential inactivation
ratios, are determined between the
point of disinfectant application and a
point before or at the first customer
during peak hourly flow. Under this al-
ternative, the following method must
be used to calculate the total Inactiva-
tion ratio:
(iii) Although not required, the total
percent inactivation for a system with
one or more points of residual dis-
infectant concentration monitoring
may be calculated by solving the fol-
lowing equation:
( CTcalc
where z=3x I
\ CT 99 . 9
(5) The residual disinfectant con-
centration of the water entering the
distribution system must be monitored
continuously, and the lowest value
must be recorded each day, except that
‘These values are for pH values of 6 tog. These CT val-
ues may be assumed to achieve creator than 99.99 percent
inactivation of viruses only if chionno Is added and mixed in
the water pnor to the addition of ammonia. If this condition Is
not met, the system must demonstrate, based on on-site stud-
ios or other information, as approved by the State, that the
system is achieving at least 99.99 percent inactivation of vi-
ruses. CT values between the indicated temperatures may be
determined by bnear intepotabon. If no interpolation is used,
use the CT , ,, value at the lower temperature for determining
CT ,,, values between indicated temperatures.
each sequencz.
CTcaic
(2) Add the valuca together
c r , , ,
I L
Cr 999
CTc .alc
(3) If L ( cr , , ,
) i.c ,ti e 99.9 percent iara ia
Percent inac-
tivation
100
= 100 — —
102
764
-------
C I IV 1 1%_il III IUI II I I %.II I I I 7
if there is a failure in the continuous
monitoring equipment, grab sampling
every 4 hours may be conducted in lieu
of continuous monitoring, but for no
more than 5 working days following
the failure of the equipment, and sys-
tems serving 3,300 or fewer persons may
take grab samples In lieu of providing
continuous monitoring on an ongoing
basis at the frequencies pre8cribed
below:
System size by population
S (fl l OSI
00 -
5Oltol.0 0 0 - .. .. ..
1,001to2,50 0 .....
2,501 to 3,300 .. ..
1
2
3
4
‘The day ’s samples cannot be taken at the same time. The
sampling Intervais are subject to State review and approvai.
If at any time the residual disinfectant
concentration falls below 0.2 mgfl in a
system using grab sampling in lieu of
continuous monitoring, the system
must take a grab sample every 4 hours
until the residual concentration is
equal to or greater than 0.2 mg/i.
(6)(i) The residual disinfectant con-
centration must be measured at least
at the same points in the distribution
system and at the same time as total
coliforms are sampled, as specified in
§ 141.21, except that the State may
allow a public water system which uses
both a surface water source or a ground
water source under direct influence of
surface water, and a ground water
source, to take disinfectant residual
samples at points other than the total
coliform sampling points if the State
determines that such points are more
representative of treated (disinfected)
water quality within the distribution
system. Heterotrophic bacteria, meas-
ured as heterotrophic plate count
(HPC) as specified in paragraph (a)(3) of
this section, may be measured in lieu
of residual disinfectant concentration.
(ii) If the State determines, based on
site-specific considerations, that a sys-
tem has no means for having a sample
transported and analyzed for HPC by a
certified laboratory under the requisite
time and temperature conditions speci-
fied by paragraph (a)(3) of this section
and that the system is• providing ade-
quate disinfection in the distribution
system, the requiremefl of paragraph
(b)(6)(j) of this section do not apply to
that system.
(C) Monitoring requirements for syste n,
using filtration treatment. A public water
system that uses a surface water
source or a ground water source under
the influence of surface water and pro-
vides filtration treatment must mon-
itor in accordance with this paragraph
(c) beginning June 29, 1993, or when fil-
tration is installed, whichever-is later.
(1) Turbidity measurements as re-
quired by §141.73 must be performed on
representative samples of the system’s
filtered water every four hours (or
more frequently) that the system
serves water to the public. A public
water system may substitute continu-
ous turbidity monitoring for grab sam-
ple monitoring if It validates the con-
tinuous measurement for accuracy on a
regular basis using a protocol approved
by the State. For any systems using
slow sand filtration or filtration treat-
ment other than Conventional treat-
ment, direct filtration, or diatoma-
ceous earth filtration, the State may
reduce the sampling frequency to once
per day if It determines that less fre-
quent monitoring is sufficient to indi-
cate effective filtration performance.
For systems serving 500 or fewer per-
sons, the State may reduce the turbid-
ity sampling frequency to once per day,
regardiess of the type Qf filtration
treatment used, if the State deter-
mines that less frequent monitoring is
sufficient to indicate effective filtra-
tion performance.
(2) The residual disinfectant con-
centration of the water entering the
distribution system must be monitored
continuously, and the lowest value
must be recorded each day, except that
if there is a failure in the continuous
monitoring equipment, grab sampling
ecery 4 hours may be conducted in lieu
of continuous monitoring, but for no
more than 5 working days following
the failure of the equipment, and sys-
tems serving 3,300 or fewer persons may
take grab samples in lieu of providing
continuous monitoring on an ongoing
basis at the frequencies each day pre-
scribed below’
System size by population
Sampbe&
day’
00
501 to i,00o
1.001 102.500
1
2
3
-------
Sys
tern size by population
Spls/
2.501 to 3.300
.
4
days samples cannot be taken at the same time. The
sampling Intervals we s&ib ect to State review and approval.
If at any time the residual disinfectant
concentration falls below 0.2 mg/i in a
system using grab sampling in lieu of
continuous monitoring, the system
must take a grab sample every 4 hours
until the residual disinfectant con-
centration is equal to or greater than
0.2 mg/i.
(3)(i) The residual thsinfectant con-
centration must be measured at least
at the same points in the distribution
system and at the same time as total
eoliforms are sampled, as specified in
§ 141.21, except that the State may
allow a public water system which uses
both a surface water source or a ground
water source under direct influence of
surface water, and a ground water
source to take disinfectant residual
samples at points other than the total
coliform sampling points if the State
determines that such points are more
representative of treated (disinfected)
water quality within the distribution
system. Heterotrophic bacteria, meas-
ured as heterotrophic plate count
(HPC) as specified in paragraph (a)(3) of
this section, may be measured in lieu
of residual disinfectant concentration.
(ii) If the State determines, based on
site-specific considerations, that a sys-
tem has no means for having a sample
transported and analyzed for HPC by a
certified laboratory under the requisite
time and temperature conditions speci-
fied by paragraph (a)(3) of this section
and that the system is providing ade-
quate disinfection in the distribution
system, the requirements of paragraph
(c)(3)(i) of this section do not apply to
that system.
§ 141.75 Reporting and recordkeeping
requirements.
(a) A public water system that uses a
surface water source and does not pro-
vide filtration treatment must report
monthly to the State the information
specified in this paragraph (a) begin-
ning December 31, 1990, unless the
State h .s determined that filtration is
required in writing pursuant to section
1412(b)(7)(C)(iii), in which case the
State m ay specify alternative report-
ing requirements, as appropriate, until
filtration is in place. A public water
system that uses a ground water source
under the direct influence of surface
water and does not provide filtration
treatment must report monthly to the
State the information specified in this
paragraph (a) beginning December 31,
1990, or 6 months after the State deter-
mines that the ground water source is
under the dIret t influence of surface
water, whichever is later, unless the
State has determined that filtration is
required in writing pursuant to
§ 1412(b)(7)(C)(iii), in which case the
State may specify alternative report-
ing requirements, as appropriate, until
filtration is In place.
(1) Source water quality Information
must be reported to the State within 10
days after the end of each month the
system serves water to the public. In-
formation that must be reported in-
cludes:
(1) The cumuiative number of months
for which results are reported.
(ii) The number of fecal and/or total
coliform samples, whichever are ana-
lyzed during the month (If a system
monitors for both, only fecal coliforms
must be reported), the dates of sample
collection, and the dates when the tur-
bidity level exceeded 1 NTU.
(iii) The number of samples during
the month that had equal to or less
than 20/100 ml fecal coliforms and/or
equal to or less than 100/100 ml total
coliforms, whichever are analyzed.
(iv) The cumulative number of fecal
or total collform samples, whichever
are analyzed, during the previous six
months the system served water to the
public.
(v) The cumulative number of sam-
ples that had equal to or less than 20/
100 nil fecal coliforms or equal to or
less than 100/100 ml total coliforms,
whichever are analyzed, during the pre-
vious six months the system served
water to the public.
(vi) The percentage of samples that
had equal to or less than 20/100 ml fecal
coliforms or equal to or less than 100/
100 ml total coliforms, whichever are
analyzed, during the. previous six
months the system served water to the
public.
(vii) The maximum turbidity level
measured during the month, the date(s)
-------
S• l vii Ji liSp I .. l S S I S•%#• • S • % Se .
U -
where
a=the value in
this section,
b=the value in
this section,
c=the va]ue In
this section,
d=the value in paragraph
this section, and
e=the value in paragraph
this section.
i.e., whether (CTca1c/CT 9 ) is at least
1.0 or, where disinfectants other than
chlorine are used, other indicator con-
ditions that the State determines are
appropriate, are met.
(viii) The following information on
the samples taken in the distribution
system in conjunction with total coil-
form monitoring pursuant to §141.72:
(A) Number of instances where the
residual disinfectant concentration Is
measured;
(B) Number of instances where the
residual disinfectant concentration is
not measured but heterotrophic bac-
teria plate count (HPC) is measured;
(C) Number of instances where the re-
sidual disinfectant concentration is
measured but not detected and no HPC
is measured;
(D) Number -of instances where the
residual disinfectant concentration Is
detected and where HPC is >500/mi;
(E) Number of instances where the
residual disinfectant concentration Is
not measured and HPC is >500/mi;
(F) For the current and previous
month the system served water to the
public, the value of “V” in the follow-
ing formula:
c+d+e
xlOO
a+b
of occurrence for any measurement(s)
which exceeded 5 NTU, and the date(s)
the occurrence(s) was reported to• the
State.
(viii) For the first 12 months of rec-
ordkeeping, the dates and cumulative
number of events during which the tur-
bidity exceeded 5 NTU, and after one
year of recordkeeping for turbidity
measurements, the dates and cumu-
lative number of events during which
the turbidity exceeded 5 NTTJ in the
previous 12 months the system served
water to the public.
(ix) For the first 120 months of rec-
ordkeeplng. the dates and cumulative
number of events during which the tur-
bidity exceeded 5 NTU, and after 10
years of recordkeeping for turbidity
measurements, the dates and cumu-
lative number of events during which
the turbidity exceeded 5 NTU in the
previous 120 months the system served
water to the public.
(2) Disinfection information specified
In § 141.74(b) must be reported to the
State within 10 days after the end of
each month the system serves water to
the public. Information that must be
reported Includes:
(i) For each day, the lowest measure-
inent of residual disinfectant con-
centration in mg/i In water entering
the distribution system.
(ii) The date and duration of each pe-
riod when the residual disinfectant
concentration in water entering the
distribution system fell below 0.2 mg/I
and when the State was notified of the
occurrence.
(iii) The daily residual disinfectant
concentration(s) (in mg/i) and dis-
infectant contact time(s) (in minutes)
used for calculating the CT value(s).
(iv) If chlorine is used, the daily
measurement(s) of pH of disinfected
water following each point of chlorine
disinfection. -
(v) The daily measurement(s) of
water temperature in °C following each
point of disinfection.
(vi) The daily CTcalc and CTcalc/
CT . 9 values for each disinfectant
measurement or sequence and the sum
of all qTcalc/CT 9 values ((CTcalc/
CT 9 )) before or at the first customer.
(vii) The daily determination of
whether di infecti on achieves adequate
Giardia cyst and virus inactivation,
paragraph (a)(2)(viii)(A) of
paragraph (a)(2)(vili)(B) of
paragraph (a)(2)(viil)(C) of
(a)(2)(vili)(D) of
(a)(2)(vlli)(E) of
(Gr) If the State determines, based on
site-specific considerations, that a sys-
tem has no means for having a sample
transported and analyzed for HPC by a
certified laboratory under the requisite
time and temperature conditions speci-
fied by §141.74(a)(3) and that the sys-
tem is providing adequate disinfection
in the distribution system, the require-
ments of paragraph (a)(2)(viii)(A)—(F) of
this section do not apply to that sys-
tem.
(ix) A system need not report the
data listed in paragraphs (a)(2)(i), and
(iii)—(vi) of this section If all data listed
1(D1
-------
in paragraphs (a)(2) (iHviii) of this sec-
tion remain on file at the system, and
the State determines that:
(A) The system has submitted to the
State all the information required by
paragraphs (a)(2) (i)—(viii) of this sec-
tion for at least 12 months; and
(B) The State has determined that
the system is not reqilired to provide
filtration treatment.
(3) No later than ten days after the
end of each Federal fiscal year (Sep-
tember 30), each system must provide
to the State a report which summa-
rizes its compliance with all watershed
control program requirements specified
in § 141 .71(b)(2).
(4) No later than ten days after the
end of each Federal fiscal year (Sep-
tember 30), each system must provide
to the State a report on the on-site in-
spection conducted during that year
pursuant to § 141.71(b)(3), unless the on-
site inspection was conducted by the
State. If the inspection was conducted
by the State, the State must provide a
copy of its report to the public water
system.
(5)(i) Each system, upon discovering
that a waterborne disease outbreak po-
tentially attributable to that water
system has occurred, must report that
occurrence to the State as soon as pos-
sible, but no later than by the end of
the next business day.
(ii) If at any time the turbidity ex-
ceeds 5 NTU, the system must inform
the State as soon as possible, but no
later than the end of the next business
day.
(iii) If at any time the residual falls
below 0.2 mgfl in the water entering the
distribution system, the system must
notify the State as soon as possible,
but no later than by the end of the next
business day. The system also must no-
tify the State by the end of the next
business day whether or not the resid-
ual was restored to at least 0.2 mg/i
within 4 hours.
(b) A public water system that uses a
surface water source or a ground water
source under the direct influence of
surface water and provides filtration
treatment must report monthly to the
State the information specified in this
paragraph (b) beginning June 29, 1993.
or ‘hen filtration is installed, which-
ever is later.
(1) TurbidIty measurements as re-
quired by §141.74(c)(1) must be reported
within 10 days after the end of each
month the system serves water to the
public. Information that must be re-
ported includes:
(i) The total number of filtered water
turbidity measurements taken during
the month.
(Ii) The number and percentage of fil-
tered water turbidity measurements
taken during the month which are less
than or equal to the turbidity limits
specified in § 141.73 for the filtration
technology being used.
(iii) The date and value of any turbid-
ity measurements taken during the
month which exceed 5 NTU.
(2) Disinfection information specified
in § 141.74(c) must be reported to the
State within 10 days after the end of
each month the system serves water to
the public. Information that must be
reported includes:
(i) For each day, the lowest measure-
ment of residual disinfectant con-
centration in mg/i in water entering
the distribution system.
(ii) The date and duration of each pe-
riod when the residual disinfectant
concentration in water entering the
distribution system fell below 0.2 mg/i
and when the State was notified of the
occurrence.
(iii) The following information on the
samples taken in the distribution sys-
tem in conjunction with total coliform
monitoring pursuant to § 141.72:
(A) Number of instances where the
residual disinfectant concentration is
measured;
(B) Number of instances where the
residual disinfectant concentration is
not measured but heterotrophic bac-
teria plate count (HPC) is measured;
(C) Nu mber of instances where the re-
sidual disinfectant concentration is
measured but not detected and no HPC
is measured;
(D) Number of instances where no re-
sidual disinfectant concentration is de-
tected and where HPC is >500/mi;
(E) Number of instances where the
residual disinfectant concentration is
not measured and HPC is >500/mi;
(F) For the current and previous
month the system serves water to the
public, the value of “V” in the follow-
ing formula:
-------
c+d+e
V xlOO
a÷b
where
a=the va’ue In paragraph (b)(2)(ili)(A) of this
section,
b=the va]ue In paragraph (b)(2)(i1I)(B) of this
section,
c=the value In paragraph (b)(2)(lii)(C) of this
section,
d=the value in paragraph (b)(2)(I11)(D) of this
section, and
e=the value in paragraph (b)(2)(ili)(E) of this
section.
(0) If the State determines, based on
site-specific considerations, that a sys-
tem has no means for having a sample
transported and analyzed for HPC by a
certified laboratory within the req-
uisite time and temperature conditions
specified by §141.74(a)(3) and that the
system is providing adequate disinfec-
tion in the distribution system, the re-
quirements of paragraph (b)(2)(iii)(A)-
(F) of this section do not apply.
(iv) A system need not report the
data listed in paragraph (b)(2)(i) of this
section if all data listed in paragraphs
(b)(2)(i)—(iii) of tills section remain on
file at the system and the State deter-
mines that the system has submitted
all the Information required by para-
graphs (b)(2)(i)—(iil) of this section for
at least 12 months.
(3)(l) Each system, upon discovering
that a waterborne disease outbreak po-
tentially attributable to that water
system has occurred, must report that
occurrence to the State as soon as pos-
sible, but no later than by the end of
the next business day.
(Ii) If at any time the turbidity ex-
ceeds 5 NTU, the system must inform
the State as soon as possible, but no
later than the end of the next business
day.
(ill) If at any time the residual falls
below 0.2 mgIl in the water entering the
distribution system, the system must
notify the State as soon as possible,
but no later than by the end of the next
business day. The system also must no-
tify tl e State by the end of the next
business day whether or not the resid-
ual was restored to at least 0.2 mg/I
within hours.
Subpart I—Control of Lead and
Copper
SouRcE: 56 FR 26548, June 7, 1991, unless
otherwise noted.
141.80 General requirements.
(a) Applicability and effective dates. (1)
The requirements of this subpart I con-
stitute the national primary drinking
water regulations for lead and copper.
Unless otherwise indicated, each of the
provisions of this subpart applies to
community water systems and non-
transient, non-community water sys-
tems (hereinafter referred to as “water
systems” or “systems”)
(2) The requirements set forth in
§ 141.86 to 141.91 shall take effect on
July 7, 1991. The requirements set forth
in § 141.80 to 141.85 shall take effect on
December 7, 1992.
(b) Scope. These regulations establish
a treatment technique that includes re-
quirements for corrosion control treat-
ment, source water treatment, lead
service line replacement, and public
education. These requirements are
triggered, in some cases, by lead and
copper action levels measured in sam-
ples collected at consumers’ taps.
(C) Lead and copper action levels. (1)
The lead action level is exceeded if the
concentration of lead in more than 10
percent of tap water samples collected
during any monitoring period con-
ducted In accordance with § 141.86 Is
greater than 0.015 mg/L (i.e., If the
“90th percentile” lead level is greater
than 0.015 mg/L).
(2) The copper action level is ex-
ceeded If the concentration of copper In
more than 10 percent of tap water Sam-
ples collected during any monitoring
period conducted In accordance with
§141.86 Is greater than 1.3 mgfL (1.e.,’if
the “90th percentile” copper level Is
greater than 1.3 mg/L).
(3) The 90th percentile lead and cop-
per levels shall be computed as follows:
(i) The results of all lead or copper
samples taken during a monitoring pe-
nod shall be placed in ascending order
from the sample with the lowest con-
centration to the sample with the high-
est concentration. Each Sampling re-
sult shall be assigned a number, as-
cending by single integers beginning
with the number 1 for the sample with
r1’ Q
-------
the lowest contaminant level. The
number assigned to the sample with
the highest contaminant level shall be
equal to the total number of samples
taken.
(ii) The number of samples taken
during the monitoring period shall be
multiplied by 0.9.
(iii) The contaminant concentration
in the numbered sample yielded by the
calculation in paragraph (c)(3)(ii) is the
90th percentile contaminant level.
(iv) For water systems serving fewer
than 100 people that collect 5 samples
per monitoring period, the 90th per-
centile is computed by taking the aver-
age of the highest and second highest
concentrations.
(d) Corrosion control treatment require-
ments. (1) All water systems shall in-
stall and operate optimal corrosion
control treatment as defined in § 141.2.
(2) Any water system that complies
with the applicable corrosion control
treatment requirements specified by
the State under § 141.81 and 141.82 shall
be deemed In compliance with the
treatment requirement contained in
paragraph (d)(1) of this section.
(e) Source water treatment require-
ments. Any system exceeding the lead
or copper action level shall implement
all applicable source water treatment
requirements specified by the State
under §141.83.
(f) Lead service line replacement re-
quirements. Any system exceeding the
lead action level after implementation
of applicable corrosion control and
source water treatment requirements
shall complete the lead service line re-
placement requirements contained in
§ 141.84.
(g) Public education requirements. Any
system exceeding the lead action level
shall implement the public education
requirements contained in § 141.85.
(h) Monitoring and analytical require-
ments. Tap water monitoring for lead
and copper, monitoring for water qual-
ity parameters, source water monitor-
ing for lead and copper, and analyses of
the monitoring results under this sub-
part shall be completed in compliance
with § 141.86, 141.87, 141. 8, and 141.89.
(i) R ,eporting requirements. Systems
shall report to the State any informa-
tion required by the treatment provi-
sions of this subpart and § 141.90.
(j) Recordkeeping requirements. Sys-
tems shall maintain records in accord-
ance with § 141.91.
(k) Violation of national primary drink-
ing water regulations. Failure to comply
with the applicable requirements of’
§ 141.80—141.91, including requirements
established by the State pursuant to
these provisions, shall constitute a vio-
lation of the national primary drinking
water regulations for lead andlor cop-
per.
(56 FR 26548, June 7, 1991; 57 FR 28788, June
29, 1992]
§ 141.81 Applicability of corrosion con-
trol treatment steps to small, me-
dium .size and large water systems.
(a) Systems shall complete the appli-
cable corrosion control treatment re-
quirements described in § 141.82 by the
deadlines established in this section.
(1) A large system (serving >50,000
persons) shall complete the corrosion
control treatment steps specified in
paragraph (d) of’ this section, unless It
is deemed to have optimized corrosion
control under paragraph (b)(2) or (b)(3)
‘of this section.
(2) A small system (serving 3300 per-
sons) and a medium-size system (serv-
ing >3,300 and 50,000 persons) shall
complete the corrosion control treat-
ment steps specified in paragraph (e) of
this section, unless it is deemed to
have optimized corrosion control under
paragraph (b)(1), (b)(2), or (b)(3) of this
section.
(b) A system is deemed to have opt!-
mized corrosion control and is not re-
quired to complete the applicable cor-
rosion control treatment steps identi-
fied in this section if the system satis-
fies one of the following criteria:
(1) A small or medium-size water sys-
tem is deemed to have optimized corro-
sion control If the system meets the
lead and copper action levels during
each of two consecutive six-month
monitoring periods conducted in ac-
cordance with § 141.86.
(2) Any water system may be deemed
by the State to have optimized corro-
sion control treatment if the system
demonstrates to the satisfaction of the
State that it has conducted activities
equivalent to the corrosion control
steps applicable to such system under
this section. If the State makes this
77 ( 1
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determination, it shall provide the 8378-
tern with written notice explaining the
basis for Its decision and shall specify
the water quality cont rol parameters
representing optimal corrosion control
In accotdance with §141.82(f). A system
shall provide the State with the follow-
ing information in order to support a
determination under this paragraph:
(1) The results of all test samples col-
lected for each of the water quality pa-
rameters in § 141.82(c)(3).
(ii) A report explaining the test
methods used by the water system to
evaluate the corrosion control treat-
ments listed In §141.82(c)(1), the results
of all tests conducted, and the basis for
the system’s selection of optimal cor-
rosion control treatment;
(lii) A report explaining how corro-
sion control has been installed and how
It Is being maintained to insure mini-
mal lead and copper concentrations at
consumers’ taps; and
(iv) The results of tap water samples
collected In accordance with § 141.86 at
least once every six months for one
year after corrosion control has been
installed.
(3) Any water system is deemed to
have optimized corrosion control if it
submits results of tap water monitor-
ing conducted in accordance with
§ 141.86 and source water monitoring
conducted in accordance with §141.88
that demonstrates for two consecutive
six-month monitoring periods that the
difference between the 90th percentIle
tap water lead level computed under
§141.80(c)(3), and the highest source
water lead concentration, is less than
the Practical .Quantltation Level for
lead specified In § 141.89(a)(1)(ii).
(C) Any small or medium-size water
system that is required to complete the
corrosion control steps due to its
exceedance of the lead or copper action
level may cease completing the treat-
ment steps whenever the system meets
both action levels during each of two
consecutive monitoring periods con-
ducted pursuant to § 141.86 and submits
the results to the State. If any such
water system thereafter exceeds ‘the
lead or copper action• level during any
monitoring period, the system (or the
State, as the case may be) shall
recomtnence completion of the applica-
ble treatment steps, beginning with the
first treatment step which was not pre-
viously completed in Its entirety. The
State may require a system to repeat
treatment steps previously completed
by the system where the State deter-
mines that this is necessary to imple-
ment properly the treatment require-
ments of this section. The State shall
notify the system In writing of such a
determination and explain the basis for
its decision. The requirement for any
small- or medium-size system to imple-
ment corrosion control treatment steps
in accordance with paragraph (e) of
this section (including systems deemed
to have optimized corrosion control
under paragraph (b)(1) of this section)
is triggered whenever any small- or
medium-size system exceeds the lead
or copper action level.
(d) Treatment steps and deadlines for
large systems. Except as provided in
paragraph (b) (2) and (3) of this section,
large systems shall complete the fol-
lowing corrosion control treatment
steps (described in the referenced por-
tions of § 141.82, 141.86, and 141.87) by
the indicated dates.
(1) Step 1: The system shall conduct
initial monitoring ( 141.86(d)(1) and
§141.87(b)) during two consecutive six-
month monitoring periods by January
1, 1993.
(2) Step 2: The system shall complete
corrosion control studies ( 141.82(c)) by
July 1, 1994.
(3) Step 3: The State shall designate
optimal corrosion control treatment
( 141.82(d)) by January 1, 1995.
(4) Step 4: The system shall install op-
timal corrosion control treatment
( 141.82(e)) by January 1, 1997.
(5) Step 5: The system shall complete
follow-up sampling ( 141 .86(d)(2) and
§ 141.87(c)) by January 1, 1998.
(6) Step 6: The State shall review in-
stallation of treatment and designate
optimal water quality control param-
eters ( 141.82(f)) by July 1, 1998.
(7) Step 7: The system shall operate in
compliance with the State-specified op-
timal water quality control parameters
( 141.82(g)) and continue to conduct tap
sampling ( 141.86(d)(3) and §141.87(d)).
(e) Treatment Steps and deadlznes for
small and medzum-size systems. Except as
provided in paragraph (b) of this sec-
tion, small and medium-size systems
shall complete the following corrosion
1 11
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control treatment steps (described in
the referenced portions of § 141.82,
141.86 and 141.87) by the indicated time
periods.
(1) Step 1: The system shall conduct
initial tap sampling ( 14l.86(d)(1) and
§141.87(b)) until the system either ex-
ceeds the lead or copper action level or
becomes eligible for reduced monitor-
ing under §141.86(d)(4). A system ex-
ceeding the lead or copper action level
shall recommend optimal corrosion
control treatment ( 141.82(a)) within
six months after it exceeds one of the
action levels.
(2) Step 2: Within 12 months after a
system exceeds the lead or copper ac-
tion level, the State may require the
system to perform corrosion control
studies ( 14.1.82(b)). If the State does
not require the system to perform such
studies, the Stat,e shall specify optimal
corrosion control treatment ( 141.82(d))
within the following tirneframes:
(i) For medium-size systems, within
18 months after such system exceeds
the lead or copper action level,
(ii) For small systems, within 24
months after such system exceeds the
lead or copper action level.
(3) Step 3: If the State requires a sys-
tem to perform corrosion control stud-
- les under step 2, the system shall com-
plete the studies ( 141.82(c)) within 18
months after the State requires that
such studies be conducted.
(4) Step 4: If the system has per-
formed corrosion control studies under
step 2, the State shall designate opti-
mal corrosion control treatment
( 141.82(d)) within 6 months after com-
pletion of step 3.
(5) Step 5: The system shall install op-
timal corrosion control treatment
( l41.82(e)) within 24 months after the
State designates such treatment.
(6) Step 6: The system shall complete
follow-up sampling ( 141.86(d)(2) and
§ 141.87(c)) within 36 months after the
State designates optimal corrosion
control treatment.
(7) Step 7: The State shall review the
system’s Installation of treatment and
designate optimal water quality con-
trol parameters ( 141.82(f)) wIthin 6
months after completion of step 6.
(8) Step 8: The system shall operate in
compliance with the State-designated
op iynal water quality control param-
eters ( 141.82(g)) and continue to con-
duct tap sampling ( 141.86(d)(3) and
§ 141.87(d)).
[ 56 FR 26548. June 7. 1991. as amended at 59
FR 33862, June 30, 1994]
§ 141.82 Description of corrosion con-
trol treatment requirements.
Each system shall complete the cor-
rosion control treatment requirements
described below which are applicable to
such system under § 141.81.
(a) System recommendation regarding
corrosion control treatment. Based upon
the results of lead and copper tap mon-
itoring and water quality parameter
monitoring, small and medium-size
water systems exceeding the lead or
copper action level shall recommend
installation of one or more of the cor-
rosion control treatments listed in
paragraph (c)(1) of this section which
the system believes constitutes opti-
mal corrosion control for that system.
The State may require the system to
conduct additional water quality pa-
rameter monitoring in accordance with
§ 141.87(b) to assist the State in review-
ing the system’s recommendation.
(b) State decision to require studies of
corrosion control treatment (applicable to
small and medium-size systems). The
State may require any small or me-
dium-size system that exceeds the lead
or copper action level to perform corro-
sion control studies under paragraph
(C) of this section to identify optimal
corrosion control treatment for the
system.
(C) Performance of corrosion control
studies. (1) Any public water system
performing corrosion control studies
shall evaluate the effectiveness of each
of the following treatments, and, if ap-
propriate, combinations of the follow-
ing treatments to identify the optimal
corrosion control treatment for that
system:
(i) Alkalinity and pH adjustment;
(ii) Calcium hardness adjustment;
and
(iii) The addition of a phosphate or
silicate based corrosion inhibitor at a
concentration sufficient to maintain
an effective residual concentration in
all test tap samples.
(2) The water system shall evaluate
each of the corrosion control treat-
ments using either pipe rig/loop tests,
772
I
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metal coupon tests, partial-system
tests, or analyses based on documented
analogous treatments with other sys-
tems of similar size, water chemistry
and distribution system configuration.
(3) The water system shall measure
the following water quality parameters
In any tests conducted under this para-
graph before and after evaluating the
corrosion control treatments listed
above:
(i) Lead;
(ii) Copper;
(iii) pH;
(iv) Alkalinity;
(v) Calcium;
(vi) Conductivity;
(vii) Orthophosphate (when an inhibi-
tor containing a phosphate compound
is used);
(viii) Silicate (when an inhibitor con-
taining a silicate compound is used);
(ix) Water temperature.
(4) The water system shall identify
all chemical or physical constraints
that limit or prohibit the use of a par-
ticular corrosion control treatment
and document such constraints with at
least one of the following:
(i) Data and documentation showing
that a particular corrosion control
treatment has adversely affected other
water treatment processes when used
by another water system with com-
parable water quality characteristics;
andlor
( Ii) Data and documentation dem-
onstrating that the water system has
previously attempted to evaluate a
particular corrosion control treatment
and has found that the treatment Is in-
effective or adversely affects other
water quality treatment processes.
(5) The water system shall evaluate
the effect of the chemicals used for cor-
rosion control treatment on other
water quality treatment processes.
(6) On the basis of an analysis of the
data generated during each evaluation,
the water system shall recommend to
the State in writing the treatment op-
tion that the corrosion control studies
indicate constitutes optimal corrosion
control treatment for that system. The
water system shall provide a rationale
for its,recominendation along with all
supporting documentation specified in
paragraphs (c)(l) through (5) of this
section.’
(d) State designation of optimal corro-
sion control treatment. (1) Based upon
consideration of available information
including, where applicable, studies
performed under paragraph (C) of this
section and a system’s recommended
treatment alternative, the State shall
either approve the corrosion control
treatment option recommended by the
system, or designate alternative corro-
sion control treatment(s) from among
those listed in paragraph (c)(1) of this
section. When designating optimal
treatment the State shall consider the
effects that additional corrosion con-
trol treatment will have on water qual-
ity parameters and on other water
quality treatment processes.
(2) The State shall notify the system
of its decision on optimal corrosion
control treatment in writing and ex-
plain the basis for this determination.
If the State requests additional infor-
mation to aid its review, the water sys-
tem shall provide the information.
(e) In.stallation of optimal corrosion
control. Each system shall properly in-
stall and operate throughout Its dis-
tribution system the optimal corrosion
control treatment designated by the
State under paragraph (d) of this sec-
tion.
(1) State review of treatment and sped-
ft cation of optimal water quality control
parameters. The State shall evaluate
the results of all lead and copper tap
samples and water quality parameter
samples submitted by the water system
and determine whether the system has
properly installed and operated the op-
timal corrosion control treatment des-
ignated by the State in paragraph (d)
of tills section. Upon reviewing the re-
sults of tap water and water quality
parameter monitoring by the system,
both before and after the system in-
stalls optimal corrosion control treat-
ment, the State shall designate:
(1) A minimum value or a range of
values for pH measured at each entry
point to the distribution system;
(2) A minimum pH value, measured in
all tap samples. Such value shall be
equal to or greater than 7.0, unless the
State determines that meeting a pH
level of 7.0 is not technologically fea-
sible or is not necessary for the system
to optimize corrosion control;
-------
(3) If a corrosion inhibitor is used, a
minimum concentration or a range of
concentrations for the inhibitor, meas-
ured at each entry point to the dis-
tribution system and in all tap sam-
ples, that the State determ1ne Is nec-
essary to form a passivating film on
the interior walls of the pipes of the
distribution system;
(4) II alkalinity is adjusted as part of
optimal corrosion control treatment, a
minimum concentration or a range of
concentrations for alkalinity, meas-
ured at each entry point to the dis-
tribution system and in all tap sam-
pies;
(5) If calcium carbonate stabilization
is used as part of corrosion control, a
minimum concentration or a range of
concentrations for calcium, measured
in all tap samples.
The values for the applicable water
quality control parameters listed
above shall be those that the State de-
termines to reflect optimal corrosion
control treatment for the system. The
State may designate values for addi-
tional water quality control param-
eters determined by the State to re-
flect optimal corrosion control for the
system. Tile State shall notify the sys-
tem in writing of these determinations
and explain the basis for its decisions.
(g) Continued operation and monitor-
ing. All systems shall maintain water
quality parameter values at or above
minimum values or within ranges des-
Ignated by the State under paragraph
(1) of this section in each sample col-
lected under § 141.87(d). If the water
quality parameter value of any sample
is below the minimum value or outside
the range designated by the State, tl en
the system is out of compliance with
this paragraph. As specified in
§ 141.87(d), the system may take a con-
firmation sample for any water quality
parameter value no later than 3 days
after the first sample. If a confirmation
sample is taken, the result must be
averaged with the first sampling result
and the average must be used for any
compliance determinations under this
paragraph. States have discretion to
delete results of obvious sampling er-
rors frGm this calculation.
(h) Modification of State treatment de-
cisions. Upon its own initiative or in re-
sponse 1 o a request by a water system
or other interested party, a State may
modify its determination of the opti-
mal corrosion control treatment under
paragraph (d) of this section or optimal
water quality control parameters
under paragraph (f) of this section. A
request for modification by a system or
other interested party shall be in writ-
ing, explain why the modification is
appropriate, and provide supporting
documentation. The State may modify
its determination where it concludes
that such change is necessary to ensure
that the system continues to optimize
corrosion control treatment. A revised
determination 8hall be made in writ-
ing, set forth the new treatment re-
quirements, explain the basis for the
State’s decision, and provide an imple-
mentation schedule for completing the
treatment modifications.
(I) Treatment decisions by EPA in lieu
of the State. Pursuant to the procedures
In §142.19, the EPA Regional Adminis-
trator may review treatment deter-
minations made by a State under para-
graphs (d), ( I D, or (h) of this section and
Issue federal treatment determinations
consistent with the requirements of
those paragraphs where the Regional
Administrator finds that:
(1) A State has failed to issue a treat-
ment determination by the applicable
deadlines contained in §141.81,
(2) A State has abused its discretion
in a substantial number of cases or in
cases affecting a substantial popu-
lation, or
(3) The technical aspects of a State’s
determination would be indefensible in
an expected Federal enforcement ac-
tion taken against a system.
§ 141.83 Source water treatment re-
quirements.
Systems shall complete the applica-
ble source water monitoring and treat-
ment requirements (described in the
referenced portions of paragraph (b) of
this section, and in § 141.86, and 141.88)
by the following deadlines.
(a) Deadlines for completing source
water treatment steps—(1) Step 1: A sys-
tem exceeding the lead or copper
action level shall complete lead and
copper source water monitoring
( 141.88(b)) and make a treatment
recommendation to the State
774
774 ’
-------
( l41.83(b)(l)) within 6 months after ex-
ceeding the lead or copper action level.
(2) Step 2: The State shall make a
determination regarding source water
treatment ( l41.83(b)(2)) wIthin 6
months after submission of monitoring
results under step 1.
(3) Step 3: If the State requires instal-
lation of source water treatment, the
system shall install the treatment
( 141.83(b)(3)) within 24 months after
completion of step 2.
(4) Step 4: The system shall complete
follow-up tap water monitoring
( 141.86(d)(2) and source water monitor-
ing ( 141.88(c)) within 36 months after
completion of step 2.
(5) Step 5: The State shall review the
system’s installation and operation of
source water treatment and specify
maximum permissible source water
levels ( l41.83(b)(4)) within 6 months
after completion of step 4.
(6) Step 6: The system shall operate in
compliance with the State-specified
maximum permissible lead and copper
source water levels ( 141.83(b)(4)) and
continue source water monitoring
(L141.88(d)).
(b) Description of source water treat-
ment requirements—(1) System treatment
recommendation. Any system which ex-
ceeds the lead or copper action level
shall recommend in writing to the
State the installation and operation of
one of the source water treatments
listed in paragraph (b)(2) of this sec-
tion. A system may recommend that
no treatment be installed based upon a
demonstration that source water treat-
ment is not necessary to minimize lead
and copper levels at users’ taps.
(2) State determination regarding source
water treatment. The State shall com-
plete an evaluation of the results of all
source water samples submitted by the
water system to determine whether
source water treatment is necessary to
minimize lead or copper levels in water
delivered to users’ taps. If the State de-
termines that treatment is needed, the
State shall either require installation
and operation of the source water
treatment recommended by the system
(if any) or require the installation and
operation of another source water
treatthent from among the following:
Ion exchange, reverse osmosis, lime
Softeni g or coagulation/filtration If
the State requests additional informa-
tion to aid in its review, the water sys-
tem shall provide the Information by
the date specified by the State in its
request. The State shall notify the sys-
tem in writing of its determination and
set forth the basis for its decision.
(3) Installation of source water treat-
ment. Each system shall properly In-
stall and operate the source water
treatment designated by the State
under paragraph (b)(2) of this section.
(4) State review of source water treat-
ment and specification of maximum per-
missible source water levels. The State
shall review the source water samples
taken by the water system both before
and after the system installs source
water treatment, and determine wheth-
er the system has properly Installed
and operated the source water treat-
ment designated by the State. Based
upon its review, the State shall des-
ignate the maximum permissible lead
and copper concentrations for finished
water entering the distribution system.
Such levels shall reflect the contami-
nant removal capability of the treat-
ment properly operated and main-
tained. The State shall notify the sys-
tem in writing and explain the basis for
its decision.
(5) Continued operation and mainte-
nance. Each water system shall main-
tain lead and copper levels below the
maximum permissible concentrations
designated by the State at each sam-
pling point monitored in accordance
with § 141.88. The system is out of com-
pliance with this paragraph if the level
of lead or copper at any sampling point
is greater than the maximum permis-
sible concentration designated by the
State.
(6) Modification of State treatment deci-
sions. Upon its own initiative or in re-
sponse to a request by a water system
or other interested party, a State may
modify its determination of the source
water treatment under paragraph (b)(2)
of this section, or maximum permis-
sible lead and copper concentrations
for finished water entering the dis-
tribution system under paragraph (b)(4)
of this section. A request for modifica-
tion by a system or other interested
party shall be in writing, explain why
the modification is appropriate, and
provide supporting documentation. The
775
‘ -775
-------
State may modify Its determination
where it concludes that such change is
necessary to ensure that the system
continues to minimize lead and copper
concentrations in source water. A re-
vised determination shall be made in
writing, set forth the new treatment
requirements, explain the basis for the
State’s decision, and provide an imple-
mentation schedule for completing the
treatment modifications.
(7) Treatment decis1ons by EPA in lieu
of the State. Pursuant to the procedures
in §142.19, the EPA Regional Athnlnis-
trator may review treatment deter-
minations made by a State under para-
graphs (b) (2), (4), or (6) of this section
and issue Federal treatment deter-
minations consistent with the require-
ments of those paragraphs where the
Administrator finds that:
(i) A State has failed to issue a treat-
ment determination by the applicable
deadlines contained in § 141.83(a),
(ii) A state has abused its discretion
in a substantial number of cases or in
cases affecting a substantial popu-
lation, or
(ill) The technical aspects of a
State’s determination would be inde-
fensible in an e cpected Federal enforce-
ment action taken against a system.
§ 141.84 Lead service line replacement
requirements.
(a) Systems that fail to meet the lead
action level in tap samples taken pur-
suant to §14L86(d)(2), after Installing
corrosion control and/or source water
treatment (whichever sampling occurs
later), shall replace lead service lines
in accordance with the requirements of
this section. If a system is in violation
of §141.81 or §141.83 for failure to install
source water or corrosion control
treatment, the State may require the
By8tem to commence lead service line
replacement under this section after
the date by which the system was re-
quired to conduct monitoring under
§ 141.86(d)(2) has passed.
(b) A system shall replace annually
at least 7 percent of the initial number
of lead service lines in its distribution
system. The initial number of lead
service lines is the number of lead lines
in plac at the time the replacement
program begins. The system shall iden-
tify the nItia1 number of lead service
lines in Its distribution system based
upon a materials evaluation, including
the evaluation required under
§ 141.86(a). The first year of lead service
line replacement shall begin on the
date the action level was exceeded in
tap sampling referenced in paragraph
(a) of this section.
(C) A system is not required to re-
place an individual lead service line If
the lead concentration In all service
line samples from that line, taken pur-
suant to §141.86(b)(3), is less than or
equal to 0.015 mg/L.
(d) A water system shall replace the
entire service line (up to the building
inlet) unless it demonstrates to the
satisfaction of the State under para-
graph (e) of this section that it con-
trols less than the entire service line.
In such cases, the system shall replace
the portion of the line which the State
determines is under the system’s con-
trol. The system shall notify the user
served by the line that the system will
replace the portion of the service line
under its control and shall offer to re-
place the building owner’s portion of
the line, but is not required to bear the
cost of replacing the building owner’s
portion of the line. For buildings where
only a portion of the lead service line
is replaced, the water system shall in-
form the resident(s) that the system
will collect a first flush tap water sam-
ple after partial replacement of the
service line is completed if the
resident(s) so desire. In cases where the
resident(s) accept the offer, the system
shall collect the sample and report the
results to the resident(s) within 14 days
following partial lead service line re-
placement.
(e) A water system is presumed to
control the entire lead service line (up
to the building inlet) unless the system
demonstrates to the satisfaction of the
State, In a letter submitted under
§141.90(e)(4), that it does not have any
of the following forms of control over
the entire line (as defined by state
statutes, municipal ordinances, public
service contracts or other applicable
legal authority): authority to set
standards for construction, repair, or
maintenance of the line, authority to
replace, repair, or maintain the service
line, or ownership of the service line.
The State shall review the information
776
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supplied by the system and determine
whether the system controls less than
the entire service line and, In such
cases, shall determine the extent of the
system’s control. The State’s deter-
mination shall be in writing and ex-
plain the basis for Its decision.
(1) The State shall require a system
to replace lead service lines on a short-
er schedule than that required by this
section, taking into account the num-
ber of lead service lines in the system,
where such a shorter replacement
schedule is feasible. The State shall
make this determination in writing
and notify the system of its finding
within 6 months after the system is
triggered into lead service line replace-
ment based on monitoring referenced
in paragraph (a) of this section.
(g) Any system may cease replacing
lead service lines whenever first draw
samples collected pursuant to
§141.86(b)(2) meet the lead action level
during each of two consecutive mon-
itoring periods and the system submits
the results to the State. If first draw
tap samples collected In any such sys-
tem thereafter exceeds the lead action
level, the system shall recommence re-
placing lead service lines pursuant to
paragraph (b) of this section.
(h) To demonstrate compliance with
paragraphs (a) through (d) of this sec-
tion, a system shall report to the State
the information specified in §141.90(e).
(56 FR 26548, June 7. 1991; 57 FR 28788, June
29, 1992]
§ 141.85 Public education and supple-
mental monitoring requirements.
A water system that exceeds the lead
action level based on tap water samples
collected in accordance with § 141.86
shall deliver the public education ma-
terials contained in paragraphs (a) and
(b) of this section, in accordance with
the requirements in paragraph (C) of
this section.
(a) Content of written materials. A
water system shall include the follow-
ing text in all of the printed materials
it distributes through its lead public
education program. Any additional in-
formapion presented by a system shall
be consistent with the information
below and be in plain English that can
be understood by laypersons.
(1) Introductf on. The United States
Environmental Protection Agency
(EPA) and [ insert name of water sup-
plier] are concerned about lead in your
drinking water. Although most homes
have very low levels of lead in their
drinking water, some homes in the
community have lead levels above the
EPA action level of 15 parts per billion
(ppb), or 0.015 milligrams of lead per
liter of water (mg/L). Under Federal
law we are required to have a program
in place to minimize lead in your
drinking water by [ insert date when
corrosion control will be completed for
your system]. This program includes
corrosion control treatment, source
water treatment, and public education.
We are also required to replace each
lead service line that we control if the
line contributes lead concentrations of
more than 15 ppb after we have com-
pleted the comprehensive treatment
program. If you have any questions
about how we are carrying out the re-
quirements of the lead regulation
please give us a call at (insert water
system’s phone number]. This brochure
explains the simple steps you can take
to protect you and your family by re-
ducing your exposure to lead in drink-
ing water.
(2) Health effects of lead. Lead Is a
common metal found throughout the
environment in lead-based paint, air,
soil, household dust, food, certain
types of pottery porcelain and pewter,
and water. Lead can pose a significant
risk to your health if too much of it
enters your body. Lead builds up in the
body over many years and can cause
damage to the brain, red blood cells
and kidneys. The greatest risk is to
young children and pregnant women.
Amounts of lead that won’t hurt adults
can slow down normal mental and
physical development of growing bod-
ies. In addition, a child at play often
comes into contact with sources of lead
contamination—like dirt and dust—
that rarely affect an adult. It is impor-
tant to wash children’s hands and toys
often, and to try to make sure they
only put food in their mouths.
(3) Lead in drinking water. (1) Lead in
drinking water, although rarely the
sole cause of lead poisoning, can sig-
nificautly increase a person’s total lead
exposure, particularly the exposure of
777
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infants who drink baby formulas and
concentrated juices that are mixed
with water. The EPA estimates that
drinking water can make up 20 percent
or more of a person’s total exposure to
lead.
(ii) Lead is unusual among drinking
water contaminants in that it seldom
occurs naturally In water supplies like
rivers and lakes. Lead enters drinking
water primarily as a result of the cor-
rosion, or wearing away, of materials
containing lead in the water distribu-
tion system and household plumbing.
These materials include lead-based sol-
der used to join copper pipe, brass and
chrome plated brass faucets, and in
some cases, pipes made of lead that
connect your house to the water main
(service lines). In 1986, Congress banned
the use of lead solder containing great-
er than 0.2% lead, and restricted the
lead content of faucets, pipes and other
plumbing materials to 8.0%.
(iii) When water stands in lead pipes
or plumbing systems containing lead
for several hours or more, the lead may
dissolve into your drinking water. This
means the first water drawn from the
tap in the morning, or later in the
afternoon after returning from work or
school, can contain fairly high levels of
lead.
(4) Steps you can take in the home to
reduce exposure to lead in drinking water.
(I) Despite our best efforts mentioned
earlier to control water corrosivity and
remove lead from the water supply,
lead levels in some homes or buildings
can be high. To find out whether you
need to take action in your own home,
have your drinking water tested to de-
termine if it contains excessive con-
centrations of lead. Testing the water
is essential because you cannot see,
taste, or smell lead in drinking water.
Some local laboratories that can pro-
vide this service are listed at the end of
this booklet. For more information on
having your water tested, please call
(insert phone number of water system).
(ii) If a water test indicates that the
drinking water drawn from a tap in
your home contains lead above 15 ppb,
then you should take the following pre-
c .utions:
(A) et the water run from the tap
before using it for drinking or cooking
any tii ie the water in a faucet has
gone unused for more than six hours.
The longer water resides in your
home’s plumbing the more lead it may
contain. Flushing the tap means run-
ning the cold water faucet until the
water gets noticeably colder, usually
about 15-30 seconds. If your house has a
lead service line to the water main,
you may have to flush the water for a
longer time, perhaps one minute, be-
fore drinking. Although toilet flushing
or showering flushes water through a
portion of your home’s plumbing sys-
tem, you still need to flush the water
in each faucet before using it for drink-
ing or cooking. Flushing tap water is a
simple and inexpensive measure you
can take to protect your family’s
health. It usually uses less than one or
two gallons of water and costs less
than (Insert a cost estimate based on
flushing two times a day for 30 days]
per month. To conserve water, fill a
couple of bottles for drinking water
after flushing the tap, and whenever
possible use the first flush water to
wash the dishes or water the plants. If
you live in a high-rise building, letting
the water flow before using It may not
work to lessen your risk from lead. The
plumbing systems have more, and
sometimes larger pipes than smaller
buildings. Ask your landlord for help In
locating the source of the lead and for
advice on reducing the lead level.
(B) Try not to cook with, or drink
water from the hot water tap. Hot
water ca ii dissolve more lead more
quickly than cold water. If you need
hot water, draw water from the cold
tap and heat it on the stove.
(C) Remove loose lead solder and de-
bris from the plumbing materials in-
stalled in newly constructed homes, or
homes in which the plumbing has re-
cently been replaced, by removing the
faucet strainers from all taps and run-
ning the water from 3 to 5 minutes.
Thereafter, periodically remove the
strainers and flush out any debris that
has accumulated over time.
(D) If your copper pipes are joined
with lead solder that has been installed
illegally since It was banned in 1986,
notify the plumber who did the work
and request that he or she replace the
lead solder with lead-free solder. Lead
solder looks dull gray, and when
scratched with a key looks shiny. In
778
-------
addition, notify your State [ insert
name of department responsible for en-
forcing the Safe Drinking Water Act in
your State] about the violation.
(E) Determine whether or not the
service line that connects your home
or apartment to the water main is
made of lead. The best way to deter-
mine if your service line is made of
lead is by either hiring a licensed
plumber to Inspect tile line or by con-
tacting the plumbing contractor who
installed the line. You can identify the
plumbing contractor by checking the
city’s record of building permits which
should be maintained in the files of the
[ Insert name of department that issues
building permits]. A licensed plumber
can at the same time check to see if
your homes’s plumbing contains lead
solder, lead pipes, or pipe fittings that
contain lead. The public water system
that delivers water to your home
should also maintain records of the
materials located in the distribution
system. If the service line that con-
nects your dwelling to the water main
contributes more than 15 ppb to drink-
ing water, after our comprehensive
treatment program is in place, we are
required to replace the line. If the line
is only partially controlled by the [ in-
sert name of the city, county, or water
system that controls the line], we are
required to provide you with informa-
tion on how to replace your portion of
the service line, and offer to replace
that portion of the line at your expense
and take a follow-up tap water sample
wIthin 14 days of the replacement. Ac-
ceptable replacement alternatives in-
clude copper, steel, iron, and plastic
pipes.
(F) Have an electrician check your
wiring. If grounding wires from the
electrical system are attached to your
pipes, corrosion may be greater. Check
with a licensed electrician or your
local electrical code to determine If
your wiring can be grounded elsewhere.
DO NOT attempt to change the wiring
yourself because improper grounding
can cause electrical shock and fire haz-
ards.
(iii) The steps described above will
reduce’the lead concentrations in your
drinking water. However, if a water
test in icates that the drinking water
coming from your tap contains lead
concentrations in excess of 15 ppb after
flushing, or after we have completed
our actions to minimize lead levels,
then you may want to take the follow-
ing additional measures:
(A) Purchase or lease a home treat-
ment device. Home treatment devices
are limited in that each unit treats
only the water that flows from the fau-
cot to which It is connected, and all.of
the devices require periodic mainte-
nance and replacement. Devices such
as reverse osmosis systems or distillers
can effectively remove lead from your
drinking water. Some activated carbon
filters may reduce lead levels at the
tap, however all lead reduction claims
should be investigated. Be sure to
check the actual performance of a spe-
cific home treatment device before and
after installing the unit.
(B) Purchase bottled water for drink-
ing and cooking.
(iv) You can consult a variety of
sources for additional information.
Your family doctor or pediatrician can
perform a blood test for lead and pro-
vide you with information about the
health effects of lead. State and local
government agencies that can be con-
tacted include:
(A) [ insert the name of city or county
department of public utilities] at [ in-
sert phone number] can provide you
with information about your commu-
nity’s water supply, and a list of local
laboratories that have been certified by
EPA for testing water quality;
(B) [ Insert the name of city or county
department that issues building per-
mits] at [ insert phone number] can pro-
vide you with information about build-
ing permit records that should contain
the names of plumbing contractors
that plumbed your home; and
(C) [ Insert the name of the State De-
partment of Public Health] at [ insert
phone number] or the [ insert the name
of the city or county health depart-
ment] at (insert phone number) can
provide you with information about
the health effects of lead and how you
can have your child’s blood tested.
(v) The following is a list of some
State approved laboratories in your
area that you can call to have your
water tested for lead. [ Insert names
and phone numbers of at least two lab-
oratories].
‘inn
,iq
-------
(b) Content of broadcast matenals. A
water system shall include the fol-
lowing information in all public service
announcements submitted under Its
lead public education program to tele-
vision and radio stations for broadcast-
ing:
(1) Why should everyone want to
know the facts about lead and drinking
water? Because unhealthy amounts of
lead can enter drinking water through
the plumbing in your home. That’s why
I urge you to do what I did. I had my
water tested for (insert free or $ per
sample]. You can contact the (insert
the name of the city or water system]
for information on testing and on sim-
ple ways to reduce your exposure to
lead in drinking water.
(2) To have your water tested for
lead, or to get more information about
this public health concern, please call
(insert the phone number of the city or
water system].
(C) Delivery of a public education pro-
gram. (1) In communities where a sig-
nificant proportion of the population
speaks a language other than English,
public education materials shall be
communicated in the appropriate
language(s).
(2) A community water system that
fails to meet the lead action level on
the basis of tap water samples col-
lected in accordance with § 141.86 shall,
within 60 days:
(1) Insert notices in each customer’s
water utility bill containing the infor-
mation in paragraph (a) of this section,
along with the following alert on the
water bill itself In large print: “SOME
HOMES IN THIS COMMUNiTY HAVE
ELEVATED LEAD LEVELS IN THEIR
DRINKING WATER. LEAD CAN POSE
A SIGNIFICANT RISK TO YOUR
HEALTH. PLEASE READ THE EN-
CLOSED NOTICE FOR FURTHER IN-
FORMATION.”
(ii) Submit the information in para-
graph (a) of this section to the edi-
torial departments of the major daily
and weekly newspapers circulated
throughout the community.
(iii) Deliver pamphlets and/or bro-
chures ‘that contain the public edu-
cation materials in paragraphs (a) (2)
and (4) f this section to facilities and
organizations, including the following:
(A) Public schools and/or local school
boards;
(B) City or county health depart-
ment;
(C) Women. Infants, and Children
and/or Head Start Program(s) whenever
available;
(D) Public and private hospitals andl
or clinics;
(E) Pediatricians;
(F) Family planning clinics: and
(G) Local welfare agencies.
(iv) Submit the public service an-
nouncement in paragraph (b) of this
section to at least five of the radio and
television stations with the largest au-
diences that broadcast to the commu-
nity served by the water system.
(3) A community water system shall
repeat the tasks contained in para-
graphs (c)(2) (1), (ii) and (iii) of this sec-
tion every 12 months, and the tasks
contained in paragraphs (c)(2)(iv) of
this section every 6 months for as long
as the system exceeds the lead action
level.
(4) Within 60 days after it exceeds the
lead action level, a non-transient non-
community water system shall deliver
the public education materials con-
tained in paragraphs (a) (1), (2), and (4)
of this section as follows:
(i) Post informational posters on lead
in drinking water in a public place or
common area in each of the buildings
served by the system; and
(ii) Distribute informational pam-
phlets and/or brochures on lead in
drinking water to each person served
by the non-transient non-community
water system.
(5) A non-transient non-community
water system shall repeat the tasks
contained in paragraph (c)(4) of this
section at least once during each cal-
endar year in which the system exceeds
the lead action level.
(6) A water system may discontinue
delivery of public education materials
if the system has met the lead action
level during the most recent six-month
monitoring period conducted pursuant
to § 141.86. Such a system shall
recommence public education in ac-
cordance with this section if It subse-
quently exceeds the lead action level
during any monitoring period.
(d) Supplemental monitoring and notifi-
cation of results. A water system that
-j go
-------
i lvii i lii i i is .ai r i i ’._.sn.#. 8 r s . ,
l i.UU
fails to meet the lead action level on
the basis of tap samples collected in
accordance with § 141.86 shall offer to
sample the tap water of any customer
who requests it. The system is not re-
quired to pay for collecting or analyz-
ing the sample, nor is the system re-
quired to collect and analyze the sam-
ple itself.
(56 FR 26548, June 7, 1991; 57 FR 28788, June
29. 1992]
§ 141.86 Monitoring requirements for
lead and copper in tap water.
(a) Sample site location. (1) By the ap-
plicable date for commencement of
monitoring under paragraph (d)(1) of
this section, each water system shall
complete a materials evaluation of Its
distribution system in order to identify
a pool of targeted sampling sites that
meets the requirements of this section,
and which is sufficiently large to en-
sure that the water system can collect
the number of lead and copper tap sam-
ples required in paragraph (C) of this
section. All sites from which first draw
samples are collected shall be selected
from this pool of targeted sampling
sites. Sampling sites may not include
faucets that have point-of-use or point-
of-entry treatment devices designed to
remove inorganic contaminants.
(2) A water system shall use the in-
formation on lead, copper, and galva-
nized steel that it is required to collect
under § 141.42(d) of this part (special
monitoring for corrosivity characteris-
tics] when conducting a materials eval-
uation. When an evaluation of the in-
formation collected pursuant to
§141.42(d) is insufficient to locate the
requisite number of lead and copper
sampling sites that meet the targeting
criteria in paragraph (a) of this sec-
tion, the water system shall review the
sources of information listed below in
order to identify a sufficient number of
sampling sites. In addition, the system
shall seek to collect such information
where possible in the course of its nor-
mal operations (e.g., checking service
line materials when reading water me-
ters or performing maintenance activi-
ties);
(I) All plumbing codes, permits, and
records in the files of the building
depart nent(s) which indicate the
plumbing materials that are installed
within publicly and privately owned
structures connected to the distribu-
tion system;
(ii) All inspections and records of the
distribution system that indicate the
material composition of the service
connections that connect a structure
to the distribution system; and
(iii) All existing water quality Infor-
mation, which includes the results of
all prior analyses of the system or indi-
vidual structures connected to the sys-
tem, indicating locations that may be
particularly susceptible to high lead or
copper concentrations.
(3) The sampling sites selected for a
community water system’s sampling
pool (“tier 1 sampling sites”) shall con-
sist of single family structures that:
(I) Contain copper pipes with lead sol-
der installed after 1982 or contain lead
pipes; and/or
(ii) Are served by a lead service line.
When multiple-family residences com-
prise at least 20 percent of the struc-
tures served by a water system, the
system may include these types of
structuresin its sampling pool.
(4) Any community water system
with insufficient tier 1 sampling sites
shall complete Its sampling pool with
“tier 2 sampling sites”, consisting of
buildings, including multiple-family
residences that:
(1) Contain copper pipes with lead sol-
der installed after 1982 or contain lead
pipes; and/or
(II) Are served by a lead service line.
(5) Any community water system
with insufficient tier 1 and tier 2 sam-
pling sites shall complete Its sampling
pool with “tier 3 sampling sites”, con-
sisting of single family structures that
contain copper pipes with lead solder
installed before 1983.
(6) The sampling sites selected for a
non-transient noncommunity water
system (“tier 1 sampling sites”) shall
consist of buildings that:
(i) Contain copper pipes with lead sol-
der installed after 1982 or contain lead
pipes; and/or
(ii) Are served by a lead service line.
(7) A non-transient non-community
water system with Insufficient tier 1
sites that meet the targeting criteria
in paragraph (a)(6) of this section shall
complete its sampling pool with sam-
7 1
-------
pling sites that contain copper pipes
with lead solder installed before 1983.
(8) Any water system whose sampling
ool does not consist exclusively of tier
sites shall demonstrate in a letter
submitted to the State under
§141.90(a)(2) why a review of the infor-
mation listed in paragraph (a)(2) of this
section was inadequate to locate a suf-
ficient number of tier 1 sites. Any com-
munity water system which includes
tier 3 sampling sites in its sampling
pool shall demonstrate in such a letter
why it was unable to locate a sufficient
number of tier 1 and tier 2 sampling
sites.
(9) Any water system whose distribu-
tion system contains lead servicelines
shall draw 50 percent of the samples It
collects during each monitoring period
from sites that contain lead pipes, or
copper pipes with lead solder, and 50
percent of the samples from sites
served by a lead service line. A water
system that cannot identify a suffi-
cient number of sampling sites served
by a lead service line shall dem-
onstrate in a letter submitted to the
State under §141.90(a)(4) why the sys-
tem was unable to locate a sufficient
tumber of such sites. Such a water sys-
em shall collect first draw samples
from all of the sites identified as being
served by such lines.
(b) Sample collection methods. (1) All
tap samples for lead and copper col-
lected in accordance with this subpart,
with the exception of lead service line
samples collected under § 141.84(c),
shall be first draw samples.
(2) Each first draw tap sample for
lead and copper shall be one liter in
volume and have stood motionless in
the plumbing system of each sampling
site for at least six hours. First draw
samples from residential housing shall
be collected from the cold water kitch-
en tap or bathroom sink tap. First-
draw samples from a nonresidential
building shall be collected at an inte-
rior tap from which water is typically
drawn for consumption. First draw
samples may be collected by the sys-
tem or the system may allow residents
to collect first draw samples after in-
structing the residents of the sampling
procedures specified in this paragraph.
To avoid problems of residents han-
dling nit ’ic acid, acidification of first
draw samples may be done up to 14
days after the sample Is collected. If
the sample Is not acidified imme-
diately after collection, then the sam-
ple must stand In the original con-
tainer for at least 28 hours after acidi-
fication. If a system allows residents to
perform sampling, the system may not
challenge, based on alleged errors in
sample collection, the accuracy of sam-
pling results.
(3) Each service line sample shall be
one liter in volume and have stood mo-
tionless in the lead service line for at
least six hours. Lead service line sam-
ples shall be collected in one of the fol-
lowing three ways:
(1) At the tap after flushing the vol-
ume of water between the tap and the
lead service line. The volume of water
shall be calculated based on the inte-
rior diameter and length of the pipe be-
tween the tap andthe lead service line;
(ii) Tapping directly into the lead
service line; or
(iii) If the sampling site Is a building
constructed as a single-family resi-
dence, allowing the water to run until
there Is a significant change in tem-
perature which would be indicative of
water that has been standing In the
lead service line.
(4) A water system shall collect each
first draw tap sample from the same
sampling site from which it collected a
previous sample. If, for any reason, the
water system cannot gain entry to a
sampling site In order to collect a fol-
low-up tap sample, the system may col-
lect the follow-up tap sample from an-
other sampling site in its sampling
pool as long as the new site meets the
same targeting criteria, and is within
reasonable proximity of the original
site.
(C) Number of samples. Water systems
shall collect at least one sample during
each monitoring period specified in
paragraph (d) of this section from the
number of sites listed in the first col-
umn below (“standard monitoring”). A
system conducting reduced monitoring
under paragraph (d)(4) of this section
may collect one sample from the num-
ber of sites specified in the second col-
umn below during each monitoring pe-
riod specified in paragraph (d)(4) of this
section.
782
-------
Qystem ze w. pPUV,$e
No. of sites
(standard
monitoang)
No. of sites
(reduced mon-
itoitng)
>100.000 ..
10.001—100.000.
3.301 to 10.000.
501to3 .300.
lOltoSOO.
i00
100
60
40
20
10
5
50
30
20
10
5
5
(d) Timing of nzonitoring—(1) Initial tap
sampling.
The first six-month monitoring pe-
riod for small, medium-size and large
systems shall begin on the following
dates:
System size (No. people served)
>50.000 .... ....
3 .S O lto S O,000.. ...... .
300 - -
January 1. 19
Juty1 .19 .
My1.1993.
(I) All large systems shall monitor
during two consecutive six-month peri-
ods.
(ii) All small and medium-size sys-
tems shall monitor during each six-
month monitoring period until:
(A) The system exceeds the lead or
copper action level and is therefore re-
quired to implement the corrosion con-
trol treatment requirements under
§ 141.81, in which case the system shall
continue monitoring in accordance
with paragraph (d)(2) of this section, or
(B) The system meets the lead and
copper action levels during two con-
secutive six-month monitoring periods,
In which case the system may reduce
monitoring in accordance with para-
graph (d)(4) of this section.
(2) Monitoring after installation of cor-
rosion control and source water treat-
ment. (1) Any large system which in-
stalls optimal corrosion control treat-
ment pursuant to § 141.81(d)(4) shall
monitor during two consecutive six-
month monitoring periods by the date
specified in §141.81(d)(5).
(ii) Any small or medium-size system
which installs optimal corrosion con-
trol treatment pursuant to § 141 .81(e)(5)
shall monitor during two consecutive
six-month monitoring periods by the
date specified in §141.81(e)(6).
(iii) Any system which installs
source water treatment pursuant to
§ 141.83 .)(3) shall monitor during two
consecutive six-month monitoring pe-
riods b.y the date specified in
§ 14 1.83(a)(4)
(3) Monitoring after State specifies
water quality parameter values for opti-
mal corrosion control. ATter the State
specifies the values for water quality
control parameters under § 141.82(f), the
system shall monitor during each sub-
sequent six-month monitoring period,
with the first monitoring period to
begin on the date the State specifies
the optirna.l values under § 141.82(f).
(4) Reduced monitoring. (i) A small or
medium-size water system that meets
the lead and copper action levels dur-
ing each of two consecutive six-month
monitoring periods may reduce the
number of samples in accordance with
paragraph (C) of this section, and re-
duce the frequency of sampling to once
per year. -
(ii) Any water system that maintains
the range of values for the water qual-
ity control parameters reflecting opti-
ma! corrosion control treatment speci-
fied by the State under § 141.82(f) during
each of two consecutive six-month
monitoring periods may request that
the State allow the system to reduce
the frequency of monitoring to once
per year and to reduce the number of
lead and copper samples in accordance
with paragraph (C) of this section. The
State shall review the information sub-
mitted by the water system and shall
make Its decision in writing, setting
forth the basis for its determination.
The State shall review, and where ap-
propriate, revise its determination
when the system submits new monitor-
ing or treatment data, or when other
data relevant to the number and fre-
quency of tap sampling becomes avail-
able.
(iii) A small or medium-size water
system that meets the lead and copper
action levels during three consecutive
years of monitoring may reduce the
frequency of monitoring for lead and
copper from annually to once every
three years. Any water system that
maintains the range of values for the
water quality control parameters re-
flecting optimal corrosion control
treatment specified by the State under
§141.82(f) during three consecutive
years of monitoring may request that
the State allow the system to reduce
the frequency of monitoring from an-
nually to once every three years. The
State shall review the information sub-
-------
mitteci by the water system and snail
make its decision in writing, setting
forth the basis for its determination.
The State shall review, and where ap-
propriate, revise its determination
when the system submits new monitor-
ing or treatment data, or when other
data relevant to the number and fre-
quency of tap sampling becomes avail-
able.
(iv) A water system that reduces the
number and frequency of sampling
shall collect these samples from sites
included in the pool of targeted sam-
pling sites identified in paragraph (a)
of this section. Systems sampling an-
nually or less frequently shall conduct
the lead and copper tap sampling dur-
ing the months of June, July, August
or September.
(v) A small- or medium-size water
system subject to reduced monitoring
that exceeds the lead or copper action
level shall resume sampling in accord-
ance with paragraph (d)(3) of this sec-
tion and collect the number of samples
specified for standard monitoring
under paragraph (d) of this section.
Such system shall also conduct water
quality parameter monitoring in ac-
cordance with § 141.87 (b), (C) or (d) (as
appropriate) during the monitoring pe-
x-iod in which it exceeded the action
level. Any water system subject to the
reduced monitoring frequency that
fails to operate within the range of val-
ues for the water quality parameters
specified by the State under §141.82(f)
shall resume tap water sampling in ac-
cordance with paragraph (d)(3) of this
section and collect the number of sam-
ples specified for standard monitoring
under paragraph (C) of this section.
(e) Additional monitoring by systems.
The results of any monitoring con-
ducted in addition to the minimum re-
quirements of this section shall be con-
sidered by the system and the State in
making any determinations (I.e., cal-
culating the 90th percentile lead or
copper level) under this subpart.
(56 FR 26548, June 7. 1991; 56 FR 32113. July
15, 1991; 57 FR 28788. June 29, 1992]
§141.87 Monitoring requirements for
water quality parameters.
All aarge water systems, and all
small- and medium-size systems that
exceed the lead or copper action level
snail monitor water quality param-
eters in addition to lead and copper in
accordance with this section. The re-
quirements of this section are summa-
rized in the table at the end of this sec-
tion.
(a) General requfrements—(1) Sample
collection methods. (1) Tap samples shall
be representative of water quality
throughout the distribution system
taking into account the number of per-
Sons served, the different sources of
water, the different treatment methods
employed by the system, and seasonal
variability. Tap sampling under this
section is not required to be conducted
at taps targeted for lead and copper
sampling under § 141.86(a). [ Note: Sys-
tems may find it convenient to conduct
tap sampling for water quality param-
eters at sites used for coliform sam-
pling under 40 CFR 141.21.]
(ii) Samples collected at the entry
point(s) to the distribution system
shall be from locations representative
of each source after treatment. If a sys-
tem draws water from more than one
source and the sources are combined
before distribution, the system must
sample at an entry point to the dis-
tribution system during periods of nor-
mal operating conditions (i.e., when
water is representative of all sources
being used).
(2) Number of samples. (i) Systems
shall collect two tap samples for appli-
cable water quality parameters during
each monitoring period specified under
paragraphs (b) through (e) of this sec-
tion from the following number of
sites.
Systen, size (No. peoØe served)
No. of sites for
water quality
parameters
>100.000 .. - .. ..
10,001—100.000 .. - ..
3.301 to 10.000
501to3,300 -
101 to5 0 0 ..
100.. .. .. ...
25
10
3
2
I
I
(ii) Systems shall collect two sam-
ples for each applicable water quality
parameter at each entry point to the
distribution system during each mon-
itoring period specified in paragraph
(b) of this section. During each mon-
itoring period specified in paragraphs
(c)—(e) of this section, systems shall
collect one sample for each applicable
784
-------
tflVu(VIIIIIUS Iu .Is riui ..iij..
water quality parameter at each entry
point to the distribution system.
(b) initial sampling All large water
systems shall measure the applicable
water quality parameters as specified
below at taps and at each entry point
to the distribution system during each
six-6ionth monitoring period specified
in §141.86(d)(1). All small and medium-
size systems shall measure the applica-
ble water quality parameters at the lo-
cations specified below during each six-
month monitoring period specified in
§ 141.86(d)(1) during which the system
exceeds the lead or copper action level.
(1) At taps:
(i) pH;
(ii) Alkalinity;
(iii) Orthophosphate, when an inhibi-
tor containing a phosphate compound
is used;
(iv) Silica, when an inhibitor con-
taining a silicate compound is used;
(v) Calcium;
(vi) Conductivity; and
(vii) Water temperature.
(2) At each entry point to the dis-
tribution system: all of the applicable
parameters listed in paragraph (b)(1) of
this section. -
(C) Monitoring after installation of cor-
rosion control. Any large system which
installs optimal corrosion control
treatment pursuant to § 141.81(d)(4)
shall measure the water quality param-
eters at the locations and frequencies
specified below during each six-month
monitoring period specified in
§14L86(d)(2)(i). Any small or medium-
size system which installs optimal cor-
rosion control treatment shall conduct
such monitoring during each six-month
monitoring period specified in
§141.86(d)(2)(ii) in which the system ex-
ceeds the lead or copper action level.
(1) At taps, two samples for:
(i) pH;
(ii) Alkalinity;
(iii) Orthophosphate, when an inhibi-
tor containing a phosphate compound
is used;
(iv) Silica, when an inhibitor con-
taining a silicate compound is used;
(v) Calcium, when calcium carbonate
stabilization is used as part of corro-
sion control.
(2) Al, each entry point to the dis-
tributidn system, one sample every two
weeks (bi-weekly) for:
(i) pH;
(ii) When alkalinity is adjusted as
part of optimal corrosion control, a
reading of the dosage rate of the chem-
ical used to adjust alkalinity, and the
alkalinity concentration; and
(iii) When a corrosion Inhibitor is
used as part of optimal corrosion con-
trol, a reading of the dosage rate of the
inhibitor used, and the concentration
of orthophosphate or silica (whichever
is applicable).
(d) Monitoring after State specifies
water quality parameter values for opti-
mal corrosion control. After the State
specifies the values for applicable
water quality control parameters re-
flecting optimal corrosion control
treatment under § 141.82(f), all large
systems shall measure the applicable
water quality parameters in accord-
ance with paragraph (c) of this section
during each monitoring period speci-
fied in §141.86(d)(3). Any small or me-
dlwn-size system shall conduct such
monitoring during each monitoring pe-
riod specified in §141.86(d)(3) in which
the system exceeds the lead or copper
action level. The system may take a
confirmation sample for any water
quality parameter value no later than 3
days after the first sample. If a con-
firmation sample is taken, the result
must be averaged with the first sam-
pling result and the average must be
used for any compliance determina-
tions under §141.82(g). States have dis-
cretion to delete results of obvious
sampling errors from this calculation.
(e) Reduced monitoring. (1) Any water
system that maintains the range of
values for the water quality param-
eters reflecting optimal corrosion con-
trol treatment during each of two con-
secutive six-month monitoring periods
under paragraph (d) of this section
shall continue monitoring at the entry
point(s) to the distribution system as
specified in paragraph (c)(2) of this sec-
tion. Such system ‘may collect two tap
samples for applicable water quality
parameters from the following reduced
number of sites during each six-month
monitoring period.
Reduced No.
System size (No. of people served)
parameters
-------
System sIze (No. of people served)
Reduced No
U Y
parameters
10.001 to 100,000 ,
3.301 to 10,000 •
501103,300
101 to500 ..
100..
7
3
2
I
1
(2) Any water system that maintains
the range of values for the water quad-
ity parameters reflecting optimal cor-
rosion control treatment specified by
the State under §141.82( 1) during three
consecutive years of monitoring may
reduce the frequency with which it col-
lects the number of tap samples for ap-
plicable water quality parameters spec-
ified in this paragraph (e)(1) of this sec-
tion from every six months to annu-
ally. Any water system that maintains
the range of values for the water qual-
ity parameters reflecting optimal cor-
rosion control treatment specified by
the State under §141.82(f) during three
consecutive years of annual monitoring
under this paragraph may reduce the
frequency with which it collects the
number of tap samples for applicable
water quality parameters specified In
paragraph (e)(1) from annually to every
three years.
(3) A water system that conducts
sampling annually shall collect these
samples evenly throughout the year so
as to reflect seasonal variability.
(4) Any water system subject to the
reduced monitoring frequency that
fails to operate within the range of val-
ues for the water quality parameters
specified by the State in §141.82(f) shall
resume tap water sampling in accord-
ance with the number and frequency
requirements in paragraph (d) of this
section.
(1) Additional monitoring by systems.
The results of any monitoring con-
ducted in addition to the minimum re-
quirements of this section shall be con-
sidered by the system and the State in
making any determinations (i.e., deter-
mining concentrations of water quality
parameters) under this section or
§ 141.82.
SUMMARY OF MONITORING REQUIREMENTS FOR WATER QUAUT’I’ PARAMETERS 1
Monitoring Period
P meters 2
Location
Frequency
Indial Monitoilng .... ..
pH, alkalinity, orthophosphate or silica 3 ,
calcium, conductivity, temperature.
Taps and at entry
point(s) to dis-
thbution system.
Every 6 months
After Installation of Corrosion Control
pH, alkalinity, olthophosphate or silica 3 ,
calcium 4 .
Taps ..
Every 6 months
pH, alkalinity dosage rate and concentra-
lion (if alkalinity adjusted as pail of cor-
rosion control), inhibitor dosage rate and
inhibitor residual 5.
Entry point(s) to
distribution sys-
tern.
Biweekly
After State Specifies Parameter Values
For Optimal Corrosion Control.
pH, alkalinity, orihophosphate or silica 3 ,
calcium .
Taps ..
Every 6 months
pH, alkalinity dosage rate and concentra-
lion (if alkalinity adjusted as part of ocr-
rosion control), inhibitor dosage rate and
uThibitor residual 5 .
Entry point(s) to
distnbution sys-
tern.
Biweekly
Reduced Monitoring
pH, alkalinity, orthophosphate or silica 3 ,
calcium 4 ,
Taps
Every 6 months
at a reduced
number of sites
pH, alkalinity dosage rate and concentra-
lion (if alkalinity adjusted as pail of ocr-
rosion control), inhibitor dosage rate and
inhibitor residual 5 .
Eniry point(s) to
distribution sys-
tern.
Biweekly
‘Table is for illustrative purposes; consult the text of this section for precise regulatory requirements.
2 SmaJl and medium-size systems have to monitor for water quality parameters only dunng monitoring periods In which the
system exceeds the lead or copper action level.
3 Orthophosphate must be measured only when an inhibitor containing a phosphate compound is used. Silica must be meas-
ured onli when an Inhibitor containing silicate compound is used.
4 Calcitlm must be measured only when calcium carbonate stabilization is used as pail of corrosion control,
6 lnhibitor dosage rates and Inhibitor residual concentrations (orthophosphate or silica) must be measured only when an inhibi-
tor is used.
[ 56 FR &548, June 7, 1991; 57 FR 28788, June 29, 1992, as amended at 59 FR 33862, June 30. 1994]
-------
§ 141.88 Monitoring requirements for
lead and copper in source water.
(a) Sample location, collection methods,
and number of samples. (1) A water sys-
tem that fails to meet the lead or cop-
per action level on the basis of tap
samples collected in accordance with
§ 141.86 shall collect lead and copper
source water samples In accordance
with the requirements regarding sam-
ple location, number of samples, and
collection methods specified in
§ 141.23(a)(1)—(4) (inorganic chemical
sampling). (Note: The timing of sam-
pling for lead and copper shall be in ac-
cordance with paragraphs (b) and (C) of
this section, and not dates specified In
§ 141.23(a)(1) and (2)).
(2) Where the results of sampling in-
dicate an exceedance of maximum per-
missible source water levels estab-
-lished under § 141.83(b)(4). the State
may require that one additional sample
be collected as soon as possible after
the initial sample was taken (but not
to exceed two weeks) at the same sam-
pling point. If a State-required con-
firmation sample is taken for lead or
copper, then the results of the initial
and confirmation sample shall be aver-
aged in determining compliance with
the State-specified maximum perinis-
sible levels. Any sample value below
the detection limit shall be considered
to be zero. Any value above the detec-
tion limit but below the PQL shall ei-
ther be considered as the measured
value or be considered one-half the
PQL.
(b) Monitoring frequency after system
exceeds tap water action level. Any sys-
tem which exceeds the lead or copper
action level at the tap shall collect one
source water sample from each entry
point to the distribution system within
six months after the exceedance.
(c) Monitoring frequency after installa-
tion of source water treatment. Any sys-
tem which installs source water treat-
ment pursuant to § 141.83(a)(3) shall col-
lect an additional source water sample
from each entry point to the distribu-
- tion system during two consecutive
six-month monitoring periods by the
deadline specified in § 141.83(a)(4).
(d) Monitoring frequency after State
specifies maximum permissible source
water lev,els OT determznes that source
water treatment is not needed. (1) A sys-
tern shall monitor at the frequency
specified below in cases where the
State specifies maximum permissible
source water levels under §141.83(b)(4)
or determines that the system is not
required to install source water treat-
ment under §141.83(b)(2).
(I) A water system using only
groundwater shall collect samples once
during the three-year compliance pe-
riod (as that term is defined in § 141.2)
in effect when the applicable State de-
termination under paragraph (d)(1) of
this section is made. Such systems
shall collect samples once during each
subsequent compliance period.
(ii) A water system using surface
water (or a combination of surface and
groundwater) shall collect samples
once during each year, the first annual
monitoring period to begin on the date
on which the applicable State deter-
mination is made under paragraph
(d)(1) of this section.
(2) A system is not required to con-
duct source water sampling for lead
and/or copper if the system meets the
action level for the specific contami-
nant in tap water samples during the
entire source water sampling period ap-
plicable to the system under paragraph
(d)(1) (I) or (ii) of this section.
(e) Reduced monitoring frequency. (1) A
water system using only groundwater
which demonstrates that finished
drinking water entering the distribu-
tion system has been maintained below
the maximum permissible lead and/or
copper concentrations specified by the
State in § 141.83(b)(4) during at least
three consecutive compliance periods
under paragraph (d)(1) of this section
may redt ce the monitoring frequency
for lead and/or copper to once during
each nine-year compliance cycle (as
that term is defined in § 141.2).
(2) A water system using surface
water (or a combination of surface and
ground waters) which demonstrates
that finished drinking water entering
the distribution system has been main-
tained below the maximum permissible
lead and copper concentrations speci-
fied by the State in §141.83(b)(4) for at
least three consecutive years may re-
duce the monitoring frequency in para-
graph (d)(l) of this section to once dur-
ing each nine-year compliance cycle
(as that term is defined in § 141.2).
- g 1
-------
(3) A water system that uses a new are below the maximum permissible
source of water is not eligible for re- lead and copper concentrations speci-
duced monitoring for lead and/or cop- fled by the State in § 14L83(a)(5).
per until concentrations in samples
collected from the new source during ( FR 26548. June 7. 1991; 57 FR 28788 and
three consecutive monitoring periods 28789. June 29, 1992]
r,00 1
-------
§ 141.89 AnalytIcal methods.
(a) Analyses for lead, copper, p 1-I ,. conductivity, calcium, alkalinity, orthophosphate, silica and temperature shall be conducted using the fol-
lowing rrfbthods:
ANALYTICAL METHODS
Contaminant
Methodology
Reference (method No.)
EPA
ASThI
SM 4
USGS’
Lead 6
Atomic absorption; furnace technique
Inductively-coupled plasma; mass spectrometry
‘239.2
2200.8
D3559—90D
3113 B
Copper 0
Atomic absorption; platform furnace technique
2200.9
‘2202
D1688—ODC
3113 B
Atomic absorption; furnace technique
Atomic absorption; direct aspiration
‘220.1
D1688—90A
3111 B
pH
Inductively-coupled plasma
2200.7
2200,8
‘200.9
‘150.1
11502
01293-84B
3120 B
4500-H • B
inductively-coupled plasma; mass spectrometry
Atornió absorption; platform furnace
Electrometric
Conductivity
Calcium 5
Alkalinity
Orthophosphate (unfiltered,
Conductance
h120.1
‘215.2
‘215.1
‘200.7
‘310.1
a 385.1
D112541A
D51192A
0511—92B
D108792B
2510 B
3500-Ca D
3111 B
3120 B
2320 B
4500—P F
1—1030—85
EDTAtitrImetrlc
Atomic absorption; direct aspiration
Inductively-coupled plasma
Titrimetric
Elecirometric titration
Colortmet 1c, automated, ascorbic acid colortmelrtc, ascorbic acid, two reagent
no digestion or hydrolosis).
Colorimetric. ascorbic acid, single reagent
Calorimetric, phosphomolybdate; automated-segmented flow; automated discrete
‘385.3
‘385.2
D515—88A
4500—P E
1—1601—85
1-2601—90”
1-2598-85
Silica
ion Chromatography
Colorimnetric, molybdate blue; automated-segmented flow
300.0
D4327—91
4110
1—1700—85
.
Temperature
Coiorometr lc
1370.1
..
....
...
2200.7
0859-88
4500-SI 0
4500-Si E
4500-Si F
3120 B
2550 B
1—2700 —85
Mo lybdosiiicate ..
Heteropoty blue
Automated method for molybdate-reactive silica ...
inductively-coupled plasma 0
Thermometric .. ..
Notes’
‘“Methods for Chemical Analysis of Water arid Wastes,” EPA-600/4—79-020. March 1983. Available at NTIS as PB84—1 28677.
‘“Methods for the Determination of Metals In Environmental Samples. EPA—600/4—91-010. June 1991. AvaIlable at NTIS as PB9I—231498.
3 Annuai Book of ASTM Standards. Vol. 11.01, American Society for Testing and MaterIals, 1993, 1916 Race Street, Philadelphia, PA 19103.
1 8th edition of Standard Methods (or the Examination of Water arid Wastewater, 1992, Amencan Public Health Association. American Water Works Association, Waler Environment Fed-
eration.
5 Techniques of Water Resources Investigations of the U.S. Geological Survey, Book 5, Chapter A—I. Third EdItion, 1989. “Methods for the Determination of inorganic Substances In
Water and Fluvial Sediments”. Available at Superintendent of Documents, U.S. Government Printing Office, Washington. DC 20402.
-x
0
0
0
)
C
“C
‘C
-I
0
0
a
C’
C
‘4
-------
6 Samples may not be filtered. Samples that contain less than I NTU(nephelcmetilc turbidity unit) and are property preserved (concentrated nibic add to pHc ) may be analyzea direc y
(without digestion) for total metals, otherwise, digestion Is required. Turbidity must be measured on the preserved samples Just prior to the Initiation of metal analysis. When digestion us re-
quired, the total recoverable technique as defined In the method must be used.
‘(Reservedi
“Methods for the Determination of Inorganic Substances in Environmental Samples’, EPN600IR—93/100, August 1993. AvaIlable at NTIS as PB94—12181 I.
• 9 (Reservedl
‘°tReserved]
“Methods of Analysis by the U.S. Geologlcai Survey National Wale, Quality Laboralory—Ooferrnlnat,on of Inorganic and Organh Constfuenfs in Wafer and Ru ial Sediments. Open Pile
Report 93—125. AvaIlable at Superintendent 01 Documents, U.S. Government Printing Office, Washington, DC 20402.
4
-------
Environmental Protection Agency
9 141.YU
(1) Analyses under this section shall
only be conducted by laboratories that
have been certified by EPA or the
State. To obtain certification to con-
duct analyses for lead and copper, lab-
oratories must:
(1) Analyze performance evaluation
samples which include lead and copper
provided by EPA Environmental Mon-
itoring and Support Laboratory or
equivalent samples provided by the
State; and
(Ii) Achieve quantitative acceptance
limits as follows:
(A) For lead: ±30 percent of the actual
amount in the Performance Evaluation
sample when the actual amount is
greater than or equal to 0.005’ mgIL.
The Practical Quantitation Level, or
PQL for lead is 0.005 mgIL.
(B) For Copper: ±10 percent of the ac-
tual amount in the Performance Eval-
uation sample when the actual amount
is greater than or equal to 0.050 mg/L.
The Practical Quantitation Level, or
PQL for copper is 0.050 mg/L;
(iii) Achieve method detection limits
according to the procedures in appen-
dix B of part 136 of this title as follows:
(A) Lead: 0.001 mg/L (only if source
water compositing is done under
§ 141.23(a)(4)); and
(B) Copper: 0.001 mg/L or 0.020 mgIL
when atomic absorption direct aspira-
tion Is used (only if source water corn-
positing Is done under §141.23(a)(4)).
(iv) Be currently certified by EPA or
the State to perform analyses to the
specifications described in paragraph
(a)(2) of this section.
(2) States have the authority to allow
the use of previously collected mon-
itoring data for purposes of monitor-
ing, if the data were collected and ana-
lyzed in accordance with the require-
ments of this subpart.
(3) All lead and copper levels meas-
ured between the PQL and MDL must
be either reported as measured or they
can be. reported as one-half the PQL
specified for lead and copper in para-
graph (a)(1)(ii) of this section. All lev-
els below the lead and copper MDLs
must be reported as zero.
(4). All copper levels measured be-
tween the PQL and the MDL must be
either reported as measured or they
can be reported as one-half the PQL
(0.025 mgIL). All levels below the copper
MDL must be reported as zero.
(b) [ Reserved)
[ 56 FR 26548, June 7, 1991, as amended at 57
FR 28789. June 29, 1992; 57 FR 31847. July 17.
1992; 59 FR 33863, June 30, 1994]
§ 141.90 Reporting requirements.
All water systems shall report all of
the following Information to the State
In accordance with this section. -
(a) Reporting requirements for tap
water monitoring for lead and copper and
for water quality parameter monitoring.
(1) A water system shall report the In-
formation specified below for all tap
water samples-within the first 10 days
following the end of each applicable
monitoring period specified in § 141.86
and § 141.87 and § 141.88 (i.e., every six-
months, annually, or every 3 years).
(i) The results of all tap samples for
lead and copper including the location
of each site and the criteria under
§ 141.86(a) (3), (4), (5), (6), and/or (7)
under which the site was selected for
the system’s sampling pool;
(ii) A certification that each first
draw sample collected by the water
system is one-liter in volume and, to
the best of their knowledge, has stood
motionless In the service line, or in the
interior plumbing of a sampling site,
for at least six hours;
(iii) Where residents collected sam-
ples, a certification that each tap sam-
ple collected by the residents was
taken after the water system informed
them of proper sampling procedures
specified in §141.86(b)(2);
(iv) The 90th percentile lead and cop-
per concentrations measured from
among all lead and copper tap water
samples collected during each monitor-
ing period (calculated in accordance
with § 141.80(c)(3));
(v) With the exception of initial tap
sampling conducted pursuant to
§ 141.86(d)(1), the system shall designate
any site which was not sampled during
previous monitoring periods, and in-
clude an explanation of why sampling
sites have changed;
(vi) The results of all tap samples for
pH, and where applicable, alkalinity,
calcium, conductivity, temperature,
and orthophosphate or silica collected
under §141.87(b)—(e);
-------
(vii) The results of all samples col-
lected at the entry point(s) to the dis-
tribution system for applicable water
quality parameters under § 141.87(b)—(e).
(2) By the applicable date in
§141.86(d)(1) for commencement of mon-
itoring, each community water system
which does not complete its targeted
sampling pool with tier 1 sampling
sites meeting the criteria in
§141.86(a)(3) shall send a letter to the
State justifying Its selection of tier 2
and/or tier 3 sampling sites under
§ 141.86 (a)(4) and/or (a)(5).
(3) By the applicable date In
§ 141.86(d)(1) for commencement of mon-
itoring, each non-transient, non-com-
munity water system which does not
complete its sampling pool with tier 1
sampling sites meeting the criteria in
§141.86(a)(6) shall send a letter to the
State justifying its selection of sam-
pling sites under §141.86(a)(7).
(4) By the applicable date In
§ 141.86(d)(1) for commencement of mon-
itoring, each water system with lead
service lines that is not able to locate
the number of sites served by such
lines required under §141.86(a)(9) shall
send a letter to the State demonstrat-
ing why it was unable to locate a suffi-
cient number of such sites based upon
the Information listed in § 141.86(a)(2).
(5) Each water system that requests
that the State reduce the number and
frequency of sampling shall pro-
vide the information required under
§ 141.86(d)(4).
(b) Source water monitoring reporting
requirements. (1) A water system shall
report the sampling results for all
source water samples collected in ac-
cordance with § 141.88 withIn the first 10
days following the end of each source
water monitoring period (i.e., annually,
per compliance period, per compliance
cycle) specified in § 141.88.
(2) With the exception of the first
round of source water sampling con-
ducted pursuant to §141.88(b), the sys-
tem shall specify any site which was
not sampled during previous monitor-
ing periods, and include an explanation
of why the sampling point has changed.
(C) corrosion control treatment report-
ing requirements. By the applicable
dates under § 141.81, systems shall re-
port th following information:
(1) For systems demonstrating that
they have already optimized corrosion
control, Information required in
§ 141.81(b) (2) or (3).
(2) For systems required to optimize
corrosion control, their recommenda-
tion regarding optimal corrosion con-
trol treatment under § 141.82(a).
(3) For systems required to evaluate
the effectiveness of corrosion control
treatments under §141.82(c), the infor-
mation required by that paragraph.
(4) For systems required to Install
optimal corrosion control designated
by the State under § 141.82(d), a letter
certifying that the system has com-
pleted installing that treatment.
(d) Source water treatment reporting re-
quirements. By the applicable dates In
§ 141.83, systems shall provide the fol-
lowing Information to the State:
(1) If required under §141.83(b)(1),
their recommendation regarding
source water treatment; -
(2) Ft r systems required to install
source water treatment under
§141.83(b)(2), a letter certifying that
the system has completed installing
the treatment designated by the State
within 24 months after the State des-
ignated the treatment.
(e) Lead service line replacement report-
ing requirements. Systems shall report
the following information to the State
to demonstrate compliance with the re-
quirements of § 141.84:
(1) Within 12 months after a system
exceeds the lead action level in sam-
pling referred to in § 141.84(a), the sys-
tem shall demonstrate in writing to
the State that it has conducted a mate-
rial evaluation, including the evalua-
tion In §141.86(a), to identify the initial
number of lead service lines in its dis-
tribution system; and shall provide the
State with the system’s schedule for
replacing annually at least 7 percent of
the initial number of lead service lines
in its distribution system.
(2) Within 12 months after a system
exceeds the lead action level in sam-
pling referred to in § 141.84(a), and
every 12 months thereafter, the system
shall demonstrate to the State in writ-
ing that the system has either:
(i) Replaced in the previous 12
months at least 7 percent of the initial
lead service lines (or a greater number
7q2
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Environmental Protection A9OflCY
s’1.wu
of lines specified by the State under
§141.84(f)) In its distribution system, or
(Ii) Conducted sampling which dem-
onstrates that the lead concentration
ir all service line samples from an indi-
vidual line(s), taken pursuant to
§141.86(b)(3), is less than or equal to
0.015 mg/L. In such cases, the total
number of lines replaced anchor which
meet the criteria in § 141.84(c) shall
equal at least 7 percent of the initial
number of lead lines Identified undek’
paragraph (a) of this section (or the
percentage specified by the State under
§ 141.84(f)).
(3) The annual letter submitted to
the State under paragraph (e)(2) of this
section shall contaln the following in-
formation:
(i) The number of lead service lines
scheduled to be replaced during the
previous year of the system’s replace-
ment schedule;
(ii) The number and location of each
lead service line replaced during the
previous year of the system’s replace-
ment schedule;
(lii) If measured, the water lead con-
centration and location of each lead
service line sampled, the sampling
method, and the date of sampling.
(4) As soon as practicable, but in no
case later than three months after a
system exceeds the lead action level in
sampling referred to in § 141.84(a), any
system seeking to rebut the presump-
tion that it has control over the entire
lead service line pursuant to § 141.84(d)
shall submit a letter to the State de-
scribing the legal authority (e.g., state
statutes, municipal ordinances, public
service contracts or other applicable
legal authority) which limits the sys-
tem’s control over the service lines and
the extent of the system’s control.
(f) Public education program reporting
requirements. By December 31st of each
year, any water system that is subject
to the public education requirements
in § 141.85 shall submit a letter to the
State demonstrating that the system
has delivered the public education ma-
terials that meet the content require-
rnents in § 141.85(a) and (b) and the de-
livery requirements in § 141.85(c). This
information shall include a list of all
the n wspapers, radio stations, tele-
vision stations, facilities and organiza-
tions to which the system delivered
public education materials during the
previous year. The water system shall
submit the letter required by this para-
graph annually for as long as it exceeds
the lead action level.
(g) Reporting of additional monitorzng
data. Any system which collects sam-
pling data in addition to that required
by this subpart shall report the results
to the State within the first ten days
following the end of the applicable
monitoring period under § 141.86, 141.87
and 141.88 during which the samples are
collected.
(56 FR 26548, June 7, 1991; 57 FR 28789, June
29, 1992, as amended at 59 FR. 33864. June 30,
1994)
§ 141.91 Recorclkeeping requirements.
Any system subject to the require-
ments of this subpart shall retain on
its premises original records of all
sampling data and analyses, reports,
surveys, letters, evaluations, sched-
ules, State determinations, and any
other information required by § 141.81
through § 141.88. Each water system
shall retain the records required by
this section for no fewer than 12 years.
Subpart J—Use of Non-Centralized
Treatment Devices
SOURCE: 52 FR 25716, July 8, 1987, unless
otherwise noted.
§ 141.100 Criteria and procedures for
public water systems using point-of-
entry devices.
(a) Public water systems may use
point-of-entry devices to comply with
maximum contaminant levels only if
they meet the requirements of this
section.
(b) It is the responsibility of the
public water system to operate and
maintain the point-of-entry treatment
system.
(C) The public water system must de-
velop and obtain State approval for a
monitoring plan before point-of-entry
devices are installed for compliance.
Under the plan approved by the State,
point-of-entry devices must provide
health protection equivalent to central
water treatment. “Equivalent” means
that .the water would meet all national
primary drinking water regulations
and would be of acceptable quality
‘793
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similar to water distributed by a well-
operated central treatment plant. In
addition to the VOCs, monitoring must
Include physical measurements and ob-
servations such as total flow treated
and mechanical condition of the treat-
ment equipment.
(d) Effective technology must be
properly applied under a plan ap-
proved by the State and the microbio-
logical safety of the water must be
maintained.
(1) The State must require adequate
certification of performance, field test,-
lug, and, if not Included in the certifi-
cation process, a rigorous engineering
design review of the point-of-entry de-
vices.
(2) The design and application of the
point-of-entry devices must consider
the tendency for increase in
heterotrophic bacteria concentrations
in water treated with activated carbon.
It may be necessary to use frequent
backwashing, post-contactor disinfec-
tion, and Heterotrophic Plate Count
monitoring to ensure that the
microbiological safety of the water is
not compromised.
(e) All consuinei-s shall be pTotected.
Every building connected to the sys-
tem must have a point-of-entry device
Installed, maintained, and adequately
monitored. The State must be assured
that every builthng is subject to treat-
ment and monitoring, and that the
rights and responsibilities of the public
water system customer convey with
title upon sale of property.
Public water systems shall not use
bottled water or point-of-use devices to
achieve compliance with an MCL. Bot-
tled water or point-of-use devices may
be used on a temporary basis to avoid
an unreasonable risk to health.
§ 141.119 General requirements.
The requirements of subpart K of this
part constitute national primary
drinking water regulations. These reg-
ulations establish treatment tech-
niques In lieu of maximum contami-
nant levels for specified contaminants.
§ 141.111 Treatment techniques for ac-
rylamide and epichlorohydrjn.
Each public water system must cer-
tify annually in writing to the State
(using third party or manufacturer’s
certification) that when acrylamide
and epichiorohydrin are used in drink-
ing water systems, the combination (or
product) of dose and monomer level
does not exceed the levels specified as
follows:
Acrylanilde=0.05% dosed at 1 ppm (or equiva-
lent)
Epichlorohydrin=0.01% dosed at 20 ppm (or’
equivalent)
Certifications can rely on manufactur-
ers or third parties, as approved by the
State.
PART 142—NATIONAL PRIMARY
DRINKING WATER REGULATIONS
IMPLEMENTATION
Subpart A—General Provisions
Sec.
142.1 Applicability.
142.2 Def Initions.
142.3 Scope.
142.4 State and local authority.
Subpart B—Primary Enforcement Re-
sponsibility
142.10 Requirements for a determination of
primary enforcement responsibility.
142.11 Initial determination of primary en-
forcement responsibility.
142.12 Revision of State programs.
142.13 Public hearing.
142.14 Records kept by States.
142.15 Reports by States.
142.16 Special primacy requirements.
142.17 Review of State programs and proce-
dures for withdrawal of approved pri-
macy programs.
142.18 EPA review of State monitoring de-
terminations.
142.19 EPA review of State implementation
of national primary drinking water regu-
- lattons for lead and copper.
(52 FR 25716, July 8, 1987; 53 FR 25111, July 1,
1988]
§ 141.101 Use of other non-centralized
treatment devices.
Subpart K—Treatment Techniques
SOURCE: 56 FR 3594, Jan. 30, 1991, unless
otherwise noted.
794
7”
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Subpart C—Review of State-Issued
Variances and Exemptions•
142.20 State-issued variances and exemp-
tions.
142.21 State consideration of a variance or
exemption request.
142.22 Review of State variances, exemp-
tions and schedules.
142.23 Notice to State.
142.24 AdmInistrator’s rescission.
Subpart D—Federal Enforcement
142.30 Failure by State to assure enforce-
ment.
142.31 [ Reserved]
142.32 Petition for public hearing.
142.33 Public hearing.
142.34 Entry and inspection of public water
systems.
Subpart E—Variances Issued by the Ad-
ministrator
142.40 Requirements for a variance.
142.41 VarIance request.
142.42 Consideration of a variance request.
142.43 Disposition of a variance request.
142.44 PublIc hearings on variances and
schedules.
142.45 Action after hearing.
142.46 Alternative treatment techniques.
Subpart F—Exemptions Issued by the
Administrator
142.50 Requirements for an exemption.
142.51 Exemption request.
142.52 Consideration of an exemption re-
quest.
142.53 Disposition of an exemption request.
142.54 PublIc hearings on exemption sched-
ules.
142.55 Fina] schedule.
142.56 Extension of date for compliance.
142.57 Bottled water and point-of-use de-
vices. (effective until 7—30—92]
142.57 Bottled water, point-of-use, and
point-of-entry devices. (effective 7—30—92]
Subpart C—Identification of Best Tech-
nology, Treatment Techniques or
Other Means Generally Available
142.60 Variances from the maximum con-
taminant level for total
trihalomethanes.
142.61 Variances from the maximum con-
taminant level for fluoride.
142.62 Variances and exemptions from the
maximum contaminant levels for syn-
thetic organic chemicals and exemptions
• from the treatment technique for lead
and c!opper. [ effective 7—30-92]
142.63 Variances and exemptions from the
maximum contaminant level for total
coliforms.
142.64 Variances and exemptions from the
requirements of part 141, subpart H—Fil-
tru.tion and Disinfection.
Subpart H—Treatment of Indian Tribes
as States
142.72 RequIrements for treatment as a
State.
142.76 Request by an Indian Tribe for a de-
termination of treatment as a State.
142.78 Procedure for processing an Indian
Tribe’s application for treatment as a
State.
Subpart I—Administrator’s Review of
State Decisions that Implement Cr1-
teria Under Which Filtration Is Re-
quired
142.80 Review procedures.
142.81 Notice to the State.
Subpart J—Procedures for PWS Admin-
istrative Compliance Orders
142.201 Purpose
142.202 Definitions.
142.203 Proposed administrative compliance
orders.
142.204 Notice of proposed administrative
compliance orders.
142.205 Opportunity for public hearings; op-
portunity for State conferences.
142.206 Conduct of public hearings.
142.207 Issuance, amendment or withdrawal
of administrative compliance order.
142.208 Ad.mlnlstratlve assessment of civil
penalty for violation of administrative
compliance order.
Au’rIioRrrY: 42 U.S.C. 300g, 300g-1, 300g-2,
300g—3, 300g-4, 300g—5, 300g-6, 3001-4, and 300j-
9.
SouRcE: 41 FR 2918, Jan. 20, 1976, unless
otherwise noted.
Subpart A—General Provisions
§ 142.1 Applicability.
This part sets forth, pursuant to sec-
tions 1413 through 1416. 1445, and 1450 of
the Public Health Service Act, as
amended by the Safe Drinking Water
Act, Public Law 93—523, regulations for
the implementation and enforcement
of the national primary drinking water
regulations contained in part 141 of
this chapter.
‘70t;
q
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§ 142.2 Definitions.
As used in this part, and except as
otherwise specifically provided:
Act means the Public Health Service
Act.
Administrator means the Adminis-
trator of the United States Environ-
mental Protection Agency or his au-
thorized representative.
Agency means the United States En-
vironmental Protection Agency.
Approved State primacy program con-
sists of those program elements listed
in § 142.11(a) that were submitted with
the initial State application for pri-
mary enforcement authority and ap-
proved by the EPA Administrator and
all State program revisions thereafter
that were approved by the EPA Admln-
Istrator.
Contaminant means any physical,
chemical, biological, or radiological
substance or matter in water.
Federal agency means any depart-
ment, agency, or instrumentality of
the United States.
Indian Tribe means any Indian Tribe
having a Federally recognized govern-
ing body carrying out substantial gov-
ernmental duties and powers over a de-
fined area.
Interstate Agency means an agency of
two or more States established by or
under an agreement or compact ap-
proved by the Congress, or any other
agency of two or more States or Indian
Tribes having substantial powers or du-
ties pertaining to the control of pollu-
tion as determined and approved by the
Administrator.
Maximum contaminant level means the
maximum permissible level of a con-
taminant in water which is delivered to
the free flowing outlet of the ultimate
user of a public water system; except in
the case of turbidity where the maid-
mum permissible level is measured at
the point of entry to the distribution
system. Contaminants added to the
water under circumstances controlled
by the user, except for those resulting
from corrosion of piping and plumbing
caused by water quality are excluded
from this definition.
Municipality means a city, town, or
other public body created by or pursu-
ant tcf State law, or an Indian Tribe
which does not meet the requirements
of subp .rt H of this part.
National primary drinking water regu-
lation means any primary drinking
water regulation contained In part 141
of this chapter.
Person means an Individual; corpora-
tion; company; association; partner-
ship; municipality; or State, federal, or
Tribal agency.
Primary enforcement responsibility
means the primary responsibility for
administration and enforcement of pri-
mary drinking water regulations and
related requirements applicable to pub-
lie water systems within a State.
Public water system means a system
for the provision to the public of piped
water for human consumption, if such
system has at least fifteen service con-
nections or regularly serves an average
of at least twenty-five individuals
daily at least 60 days out of the year.
Such term Includes (1) any collection,
treatment, storage, and distribution fa-
cilities under control of the operator of
such system and used primarily in con-
nection with such system, and (2) any
collection or pretreatment storage fa-
cilities not under such control which
are used primarily in connection with
uch system.
Sanitary survey means an onsite re-
view of the water source, facilities,
equipment, operation and maintenance
of a public water system for the pur-
pose of evaluating the adequacy of such
source, facilities, equipment, operation
and maintenance for producing and dis-
tributing safe drinking water.
State means one of the States of the
United States, the District of Colum-
bia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American
Samoa, the Commonwealth of the
Northern Mariana Islands, the Trust
Territory of the Pacific Islands, or an
Indian Tribe treated as a State.
State primary drinking water regulation
means a drinking water regulation of a
State which is comparable to a na-
tional primary drinking water regula-
tion.
State program revision means a change
in an approved State primacy program.
Supplier of water means any person
who owns or operates a public water
system.
Treatment technique requirement
means a requirement of the national
primary drinking water regulations
796
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which specifies for a contaminant a
specific treatment technique(s) known
to the Administrator which leads to a
reduction in the level of such contami-
nar. , sufficient to comply with the re-
quirements of part 141 of this chapter.
[ 41 FR. 2918, Jan. 20, 1976. as amended at 53
FR 37410, Sept. 26, 1988; 54 FR 52137, Dec. 20,
1989]
§ 142.3 Scope.
(a) Except where otherwise provided,
this part applies to each public water
system in each State; except that this
part shall not apply to a public water
system which meets all of the follow-
ing conditions:
(1) WhIch consists only of distribu-
tion and storage facilities (and does
not have any collection and treatment
facilities);
(2) WhIch obtains all of Its water
from, but is not owned or operated by,
a public water system to which such
regulations apply;
(3) Which does not sell water to any
person; and
(4) Which is not a carrier which con-
veys passengers in interstate com-
merce.
(b) In order to qualify for primary en-
forcement responsibility, a State’s pro-
gram for enforcement of primary
drinking water regulations must apply
to all other public water systems in the
State, except for: -
(1) PublIc water systems on carriers
which convey passengers In Interstate
commerce;
(2) Public water systems on Indian
land with respect to which the State
does not have the necessary jurisclic-
tion or its jurisdiction is in question;
or
(3) PublIc water systems owned or
maintained by a Federal agency where
the Administrator has waived compli-
ance with national primary drinking
water regulations pursuant to section
1447(b) of the Act.
(C) Section 1451 of the SDWA author-
izes the Administrator to delegate pri-
mary enforcement responsibility for
public water systems to Indian Tribes.
An Indian Tribe must be designated by
the Administrator for treatment as a
State before it is eligible to apply for
Public, Water System Supervision
grants and primary enforcement re-
sponsibility. All primary enforcement
responsibility requirements of parts 141
and 142 apply to Indian Tribes except
where specifically noted.
[ 41 FR 2918. Jan. 20. 1976, as amended at 53
FR 37410, Sept. 26, 1988]
§ 142.4 State and local authority.
Nothing in this part shall diminish
any authority of a State or political
subdivision to adopt or enforce any law
or regulation respecting drinking
water regulations or public water sys-
tems, but no such law or regulation
shall relieve any person of any require-
ments otherwise applicable under this
part.
Subpart B—Primary Enforcement
Responsibility
§ 142.10 Requirements for a determina-
tion of primary enforcement re-
sponsibility.
A State has primary enforcement re-
sponsibility for public water systems in
the State during any period for which
the Administrator determines, based
upon a submission made pursuant to
§ 142.11, and submission under §142.12,
that such State, pursuant to appro-
priate State legal authority:
(a) Has adopted drinking water regu-
lations which are no less stringent
than the national primary drinking
water regulations (NPDWRs) In effect
under part 141 of this chapter;
(b) Has adopted and is implementing
adequate procedures for the enforce-
ment of such State regulations, such
procedures to include:
(1) Maintenance of an inventory of
public water systems.
(2) A systematic program for con-
ducting sanitary surveys of public
water systems in the State, with prior-
ity given to sanitary surveys of public
water systems not In compliance with
State primary drinking water regula-
tions.
(3)(i) The establishment and mainte-
nance of a State program for the cer-
tification of laboratories conducting
analytical measurements of drinking
water contaminants pursuant to the
requirements of the State primary
drinking water regulations including
the designation by the State of a lab-
oratory officer, or officers, certified by
S., . I -v
1 r7
-------
the Administrator, as the official(s) re-
sponsible for the State’s certification
program. The requirements of this
paragraph may be waived by the Ad-
ministrator for any State where all an-
alytical measurements required by the
State’s primary drinking water regula-
tions are conducted at laboratories op-
erated by the State and certified by the•
Agency. Until such time as the Agency
establishes a National quality assur-
ance program for laboratory certifi-
cation the State shall maintain an in-
terim program for the purpose of ap-
proving those laboratories from which
the required analytical measurements
will be acceptable.
(Ii) Upon a showing by an Indian
Tribe of an intergovernmental or other
agreement to have all analytical tests
performed by a certified laboratory,
the Administrator may waive this re-
quirement.
(4) Assurance of the availability to
the State of laboratory facilities cer-
tified by the Administrator and capa-
ble of performing analytical measure-
ments of all contaminants specified in
the State primary drin lng water regu-
lations. Until such time as the Agency
establishes a National quality assur-
ance program for laboratory certifi-
cation the Administrator will approve
such State laboratories on an Interim
basis.
(5) The establishment and mainte-
nance of an activity to assure that the
design and construction of new or sub-
stantially modified public water sys-
tem facilities will be capable of compli-
ance with the State primary drinking
water regulations.
(6) Statutory or regulatory enforce-
ment authority adequate to compel
compliance with the State primary
drinking water regulations in appro-
priate cases, such authority to include:
(I) Authority to apply State primary
drinking water regulations to aU pub-
lic water systems In the State covered
by the national primary drinking
water regulations, except for interstate
carrier conveyances and systems on In-
dian land with respect to which the
State does not have the necessary ju-
risdiction or its jurisdiction is in ques-
ti on.
(ii) Authority to sue in courts of
competent jurisdiction to enjoin any
threatened or continuing violation of
the State primary drinking water regu-
lations.
(lii) Right of entry and Inspection of
public water systems, including the
right to take water samples, whether
or not the State has evidence that the
system is in violation of an applicable
legal requirement.
(iv) Authority to require suppliers of
water to keep appropriate records and
make appropriate reports to the State.
(v) Authority to require public water
systems to give public notice that Is no
less stringent than the EPA require-
ments in § 141.32 and 142.16(a).
(vi) Authority to assess civil or
criminal penalties for violation of the
State’s primary drinking water regula-
tions and public notification require-
ments, including the authority to as-
sess daily penalties or multiple pen-
alties when a violation continues;
(C) Has established and will maintain
record keeping and reporting of its ac-
tivities under paragraphs (a), (b) and
(d) in compliance with § 142.14 and
142.15;
(d) If it permits variances or exemp-
tions, or both, from the requirements
of the State primary drinking water
regulations, It shall do so under condi-
tions and in a manner no less stringent
than the requirements under sections
1415 and 1416 of the Act. In granting
variances, the State must adopt the
Administrator’s findings of best avail-
able technology, treatment techniques,
or other means available as specified in
subpart G of this part. (States with pri-
mary enforcement responsibility may
adopt procedures different from those
set forth in subparts E and F of this
part, which apply to the issuance of
variances and exemptions by the Ad-
ministrator in States that do not have
primary enforcement responsibility,
provided, that the State procedures
meet the requirements of this para-
graph): and
(e) Has adopted and can implement
an adequate plan for the provision of
safe drinking water under emergency
circumstances.
(0 An Indian Tribe shall not be re-
quired to exercise criminal enforce-
ment jurisdiction to meet the require-
798
11
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Environmental Protection Agency
9 14L.I I
ments for primary enforcement respon-
sibility.
(41 FR 2918, Jan. 20, 1976, as amended at 43
FR 5373, Feb. 8, 1978; 52 FR 20675, June 2, 1987;
52 FR 41550, Oct. 28, 1987; 53 FR 37410, Sept.
26, 1988; 54 FR 15188, Apr. 17, 1989; 54 FR 52138,
Dec. 20. 1989)
§ 142.11 Initial determination of pri-
mary enforcement responsibility.
(a) A State may apply to the Admin-
istrator for a determination that the
State has primary enforcement respon-
sibility for public water systems in the
State pursuant to section 1413 of the
Act. The application shall be as concise
as possible and Include a side-by-side
comparison of the Federal require-
ments and the corresponding State au-
thoritles, Including citations to the
specific statutes and administrative
regulations or ordinances and, wher-
ever appropriate, judicial decisions
which demonstrate adequate authority
to meet the requirements of §142.10.
The following information is to he in-
cluded with the State application.
(1) The text of the State’s primary
drinking water regulations, with ref-
erences to those State regulations that
vary from comparable regulations set
forth in part 141 of this chapter, and a
demonstration that any different State
regulation Is at least as stringent as
the comparable regulation contained in
part 141.
(2) A description, accompanied by ap-
propriate documentation, of the
State’s procedures for the enforcement
of the State primary drinking water
regulations. The submission shall in-
clude:
(I) A brief description of the State’s
program to maintain a current inven-
tory of public water systems.
(ii) A brief description of the State’s
program for conducting sanitary sur-
veys, including an explanation of the
priorities given to various classes of
public water systems.
(iii) A brief description of the State’s
laboratory approval or certification
program, including the name(s) of the
responsible State laboratory officer(s)
certlfi d by the Administrator.
(iv) Identification of laboratory fa-
cilities 1 available to the State, cer-
tified or approved by the Adminis-
trator and capable of performing ana-
lytical measurements of all contami-
nants specified in the State’s primary
drinking water regulations.
(v) A brief description of the State’s
program activity to assure that the de-
sign and construction of new or sub-
stantially modified public water sys-
tem facilities will be capable of compli-
ance with the requirements of the
State primary drinking water regula-
tions.
(vi) Copies of State statutory and
regulatory provisions authorizing the
adoption and enforcement of State pri-
mary drinking water regulations, and a
brief description of State procedures
for administrative or judicial action
with respect to public water systems
not in compliance with such regula-
tions.
(3) A statement that the State will
make such reports and will keep such
records as may be required pursuant to
§ 142.14 and 142.15.
(4) If the State permits variances or
exemptions from its primary drinking
water regulations, the text of the
State’s statutory and regulatory provi-
sions concerning variances and exemp-
tions.
(5) A brief description of the State’s
plan for the provision of safe drinking
water under emergency conditions.
NOTE: In satisfaction of this require-
ment, for public water supplies from
groundwater sources, EPA will accept
the contingency plan for providing al-
ternate drinking water supplies that is
part of a State’s Wellhead Protection
Program, where such program has been
approved by EPA pursuant to section
1428 of the SDWA.
(6)(1) A statement by the State Attor-
ney General (or the attorney for the
State primacy agency if it has inde-
pendent legal counsel) or the attorney
representing the Indian tribe that cer-
tifies that the laws and regulations
adopted by the State or tribal ordi-
nances to carry out the program were
duly adopted and are enforceable. State
statutes and regulations cited by the
State Attorney General and tribal ordi-
nances cited by the attorney represent-
ing the Indian tribe shall be in the
form of lawfully adopted State statutes
and regulations or tribal ordinances at
the time the certification is made and
shall be fully effective by the time the
-------
program is approved by EPA. To qual-
ify as “independent legal counsel,” the
attorney signing the statement re-
quired by this section shall have full
authority to independently represent
the State primacy agency or Indian
tribe in court on all matters pertaining
to the State or tribal program.
(ii) After EPA has received the docu-
ments required under paragraph (a) of
this section, EPA may selectively re-
quire supplemental statements by the
State Attorney General (or the attor-
ney for the State primacy agency if it
has independent legal counsel) or the
attorney representing the Indian tribe.
Each supplemental statement shall ad-
dress all issues concerning the ade-
quacy of State authorities to meet the
requirements of § 142.10 that have been
identified by EPA after thorough ex-
amination as unresolved by the docu-
ments submitted under paragraph (a)
of this section.
(b) (1) The administrator shall act on
an application submitted pursuant to
§ 142.11 within 90 days after receiving
such application, and shall promptly
inform the State in writing of this ac-
tion. If he denies the application, his
written notification to the State shall
include a statement of reasons for the
denial.
(2) A determination by the Adminis-
trator that a State has met the re-
quirements for primary enforcement
responsibility shall take effect in ac-
cordance with § 142.13.
(3) When the Administrator’s deter-
mination becomes effective pursuant
to § 142.13, it shall continue in effect
unless terminated pursuant to § 142.17.
(41 FR 2918, Jan. 20, 1976, as amended at 54
FR 52138, Dec. 20, 1989]
§ 142.12 Revision of State programs.
(a) General requirements. Either EPA
or the primacy State may initiate ac-
tions that require the State to revise
its approved State primacy program.
To retain primary enforcement respon-
sibility, States must adopt all new and
revised national primary drinking
water regulations promulgated in part
141 of this chapter and any other re-
quireqients specified in this part.
(1) Whenever a State revises its ap-
proved primacy program to adopt new
or re sed Federal regulations, the
State must submit a request to the Ad-
ministrator for approval of the pro-
gram revision, using the procedures de-
scribed in paragraphs (b), (c), and (d) of
this section. The Administrator shall
approve or disapprove each State re-
quest for approval of a program revi-
sion based on the requirements of the
Safe Drinking Water Act and of this
part. -
(2) For all State program revisions
not covered under §142.12(a)(1), the re-
view procedures outlined in § 142.17(a)
shall apply.
(b) Timzng of State requests for ap-
proval of program remsions to adopt new
or revised Federal regulations. (1) Com-
plete and final State requests for ap-
proval of program revisions to adopt
new or revised EPA regulations must
be submitted to the Administrator
within 18 months after promulgation of
the new or revised EPA regulations,
unless the State requests an extension
and the Administrator has approved
the request pursuant to paragraph
(b)(2) of this section. If the State ex-
pects to submit a final State request
for approval of a program revision to
EPA more than 18 months after pro-
mulgation of the new or revised EPA
regulations, the State shall request an
extension of the deadline before the ex-
piration of the 18-month period.
(2) The final date for submission of a
complete and final State request for a.
program revision may be extended by
EPA for up to a two-year period upon a
written application by the State to the
Administrator. In the extension appli-
cation the State must demonstrate it
is requesting the extension because it
cannot meet the original deadline for
reasons beyond its control despite a
good faith effort to do so. The applica-
tion must include a schedule for the
submission of a final request by a cer-
tain time and provide sufficient infor-
mation to demonstrate that the State:
(i)(A) Currently lacks the legislative
or regulatory authority to enforce the
new or revised requirements, or
(B) Currently lacks the program ca-
pability adequate to Implement the
new or revised requirements; or
(C) Is requesting the extension to
group two or more program revisions
in a single legislative or regulatory ac-
tion; and
Rflfl
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(ii) Is implementing the EPA require-
ments to be adopted by the State in its
program revision pursuant to para-
graph (b)(3) of this section within the
scope of its current authority and Ca-
pabili ties.
(3) To be granted an extension, the
State must agree with EPA to meet
certain requirements during the exten-
sion period, which may include the fol-
lowing types of activities as deter-
mined appropriate by the Adminis-
trator on a case-by-case basis:
(I) Informing public water systems of
the new EPA (and upcoming State) re-
quirements and that EPA will be
overseeing implementation of the re-
quirements until EPA approves the
State program revision;
(ii) Collecting, storing and managing
laboratory results, public notices, and
other compliance and operation data
required by the EPA regulations;
(lii) Assisting EPA in the develop-
ment of the technical aspects of en-
forcement actions and conducting in-
formal follow-up on- violations (tele-
phone calls, letters, etc.);
(iv) Providing technical assistance to
public water systems; -
(v) Providing EPA with all informa-
tion prescribed by § 142.15 of this part
on State reporting; and
(vi) For States whose request for an
extension is based on a current lack of
program capability adequate to imple-
ment the new requirements, taking
steps agreed to by EPA and the State
during the extension period to remedy
the deficiency.
(c) Contents of a State request for ap-
proval of a program revision. (1) The
State request for EPA approval of a
program revision shall be concise and
must include:
(i) The documentation necessary
(pursuant to § 142.11(a)) to update the
approved State primacy program, and
Identification of those elements of the
approved State primacy program that
have not changed because of the pro-
gram revision. The documentation
shall include a side-by-side comparison
of the Federal requirements and the
corresponding State authorities, in-
cludiii citations to the specific stat-
utes and administrative regulations or
ordinan es and, wherever appropriate,
judicial decisions which demonstrate
adequate authority to meet the re-
quirements of § 142.10 as they apply to
the program revision.
(ii) Any additional materials that are
listed In § 142.16 of this part for a spe-
cific EPA regulation, as appropriate;
and
(iii) For a complete and final State
request only, unless one of the condi-
tions listed In paragraph (c)(2) of this
section are met, a statement by the
State Attorney General (or the attor-
ney for the State primacy agency If It
has independent legal counsel) or the
attorney representing the Indian tribe
that certifies that the laws and regula-
tions adopted by the State or tribal or-
dinances to carry out the program revi-
sion were duly adopted and are enforce-
able. State statutes and regulations
cited by the State Attorney General
and tribal ordinances cited by the at-
torney for the Indian tribe shall be in
the form of lawfully adopted State
statutes and regulations or tribal ordi-
nances at the time the certification is
made and shall be fully effective by the
time the request for program revision
is approved by EPA. To qualify as
“independent legal counsel,” the attor-
ney signing the statement required by
this section shall have full authority to
independently represent the State pri-
macy agency or tribe in court on all
matters pertaining to the State or trib-
al program.
(2) An Attorney General’s statement
will be required as part of the State re-
quest for EPA approval of a program
revision unless EPA specifically waives
this requirement for a specific regula-
tion at the time EPA promulgates the
regulation, or by later written notice
from the Administrator to the State.
(3) After EPA has received the docu-
ments required under paragraph (c)(1)
of this section. EPA may selectively
require supplemental statements by
the State Attorney General (or the at-
torney for the State primacy agency if
it has independent legal counsel) or the
attorney representing the Indian tribe.
Each supplemental statement shall ad-
dress all issues concerning the ade-
quacy of State authorities to meet the
requirements of § 142.10 that have been
identified by EPA after thorough ex-
amination as unresolved by the docu-
0I
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ments submitted under paragraph (c)(1)
of this section.
(d) Procedures for review of a State Te-
quest for approval of a program reviszon—
(1) Preliminary request. (I) The State
may submit to the Administrator for
his or her review a preliminary request
for approval of each program revision,
containing the information listed In
paragraph (c)(1) of this section. in draft
form. The preliminary request does not
require an Attorney General’s state-
ment In draft form, but does require
draft State statutory or regulatory
changes and a side-by-side comparison
of State authorities with EPA require-
ments to demonstrate that the State
program revision meets EPA require-
ments under § 142.10 of this part. The
preliminary request should be submit-
ted to the Administrator as soon as
practicable after the promulgation of
the EPA regulations.
(ii) The Administrator will review
the preliminary request submitted in
accordance with paragraph (d)(1)(l) of
this section and make a tentative de-
termination on the request. The Ad-
rninistrator will send the tentative de-
termination and other comments or
suggestions to the State for its use in
developing the State’s final request
under paragraph (d)(2) of this section.
(2) Final request. The State must sub-
mit a complete and final request for
approval of a program revision to the
Administrator for his or her review and
approval. The request must contain the
information listed in paragraph (c)(1)
of this section in complete and final
form, in accordance with any tentative
determination EPA may have Issued.
Complete and final State requests for
program revisions shall be submitted
within 18 months of the promulgation
of the new or revised EPA regulations,
as specified in paragraph (b) of this sec-
tion.
(3) EPA ’s determination on a complete
and final request. (1) The Administrator
shall act on a State’s request for ap-
proval of a program revision within 90
days after determining that the State
request is complete and final and shall
promptly notify the State of hisfher de-
termination.
(Ii) If’ the Administrator disapproves
a final request for approval of a pro-
gram revision, the Administrator will
notify the State in writing. Such noti-
fication will include a statement of the
reasons for disapproval.
(lii) A final determination by the Ad-
ministrator on a State’s request for ap-
proval of a program revision shall take
effect in accordance with the public no-
tice requirements and related proce-
dures under §142.13.
(54 FR 52138, Dec. 20, 1989] -
§ 142.13 Public hearing.
(a) The Administrator shall provide
an opportunity for a public hearing be-
fore a determination pursuant to
§ 142.11 that the State meets or does not
meet the requirements for obtaining
primary enforcement responsibility, or
a determination pursuant to
§142.12(d)(3) to approve or disapprove a
State request for approval of a program
revision, or a determination pursuant
to § 142.17 that a State no longer meets
the requirements for primary enforce-
ment responsibility.
(b) The Administrator shall publish
notice of any determination specified
in paragraph (a) of this section in the
FEDERAL REGISTER and In a newspaper
or newspapers of general circulation in
the State Involved within 15 days after
making such determination, with a
statement of his reasons for the deter-
mination. Such notice shall inform In-
terested persons that they may request
a public hearing on the Administra-
tor’s determination. Such notice shall
also indicate one or more locations In
the State where information submitted
by the State pursuant to § 142.11 is
available for Inspection by the general
public. A public hearing may be re-
quested by any interested person other
than a Federal agency. Frivolous or in-
substantial requests for hearing may
be denied by the Administrator.
(C) Requests for hearing submitted
pursuant to paragraph (b) of this sec-
tion shall be submitted to the Adminis-
trator within 30 days after publication
of notice of opportunity for hearing in
the FEDERAL REGISTER. Such requests
shall include the following informa-
tion:
(1) The name, address and telephone
number of the individual, organization
or other entity requesting a hearing.
802
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Environmental Protection Agency
142.14
(2) A brief statement of the request-
ing person’s interest in the Adminis-
trator’s determination and of informa-
tion that the requesting person intends
to submit at such hearing.
(3) The signature of the individual
making the request; or, if the request
is made on behalf of an organization or
other entity, the signature of a respon-
sible official of the organization or
other entity.
(d) The Administrator shall give no-
tice in the FEDERAL REGISTER and in a
newspaper or newspapers of general cir-
culation in the State Involved of any
hearing to be held pursuant to a re-
quest submitted by an interested per-
son or on his own motion. Notice of the
hearing shall also be sent to the person
requesting a hearing, if any, and to the
State involved. Notice of the hearing
shall include a statement of the pur-
pose of the hearing, information re-
garding the time and location or loca-
tions for the hearing and the address
and telephone number of an office at
which interested persons may obtain
further information concerning the
hearing. At least one hearing location
specified in the public notice shall be
within the involved State. Notice of
hearing shall be given not less than 15
days prior to the time scheduled for
the hearing.
(e) Hearings convened pursuant to
paragraph (d) of this section shall be
conducted before a hearing- officer to be
designated by the Administrator. The
hearing shall be conducted by the hear-
ing officer in an informal, orderly and
expeditious manner. The hearing offi-
cer shall have authority to call wit ,-
nesses, receive oral and written testi-
mony and take such other action as
may be necessary to assure the fair and
efficient conduct of the hearing. Fol-
lowing the conclusion of the hearing,
the hearing officer shall forward the
record of the hearing to the Adminis-
trator.
(f) After reviewing the record of the
hearing, the Administrator shall issue
an order affirming the determination
referr tl to in paragraph (a) of this sec-
tion or rescinding such determination.
If the letermlnation is affirmed, It
shall become effective as of the date of
the Administrator’s order.
(g) If no timely request for hearing Is
received and the Administrator does
not determine to hold a hearing on his
own motion, the Administrator’s deter-
mination shall become effective 30 days
after notice is issued pursuant to para-
graph (b) of this section.
(h) If a determination of the Adrnin-
Istrator that a State no longer meets
the requirements for primary enforce-
ment responsibility becomes effective.
the State may subsequently apply for a
determination that It meets such re-
quirements by submitting to the Ad-
ministrator information demonstrating
that it has remedied the deficiencies
found by the Administrator without
adversely sacrificing other aspects of
its program required for primary en-
forcement responsibility.
[ 41 FR 2918, Jan. 20, 1976, as amended at 54
FR 52140. Dec. 20, 1989)
§ 142.14 Records kept by States.
(a) Each State which has primary en-
forcement responsibility shall main-
tain records of tests, measurements,
analyses, decisions, and determinations
performed on each public water system
to determine compliance with applica-
ble provisions of State primary drink-
ing water regulations.
(1) Records of microbiological analy-
ses shall be retained for not less than 1
year. Actual laboratory reports may be
kept or data may be transferred to tab-
ular summaries, provided that the in-
formation retained Includes:
(I) The analytical method used;
(ii) The number of samples analyzed
each month;
(iii) The analytical results, set forth
in a form which makes possible com-
parison with the limits specified in
§ 141.63, 141.71, and 141.72 of this chap-
ter.
(2) Records of microbiological analy-
ses of repeat or special samples shall be
retained for not less than one year in
the form of actual laboratory reports
or in an appropriate summary form.
(3) Records of turbidity measure-
ments shall be kept for not less than
one years The information retained
must be set forth in a form which
makes possible comparison with the
limits specified in § 141.71 and 141.73 of
this chapter. Until June 29, 1993, for
-------
any public water system which is pro-
viding filtration treatment and until
December 30, 1991, for any public water
system not providing filtration treat-
ment and not required by the State to
provide filtration treatment, records
kept must be set forth in a form which
makes possible comparison with the
limits contained in § 141.13.
(i) Date and place of samplin .
(ii) Date and results of analyses.
(4)(i) Records of disinfectant residual
measurements and other parameters
necessary to document disinfection ef-
fectiveness in accordance with § 141.72
and 141.74 of this chapter and the re-
porting requirements of §141.75 of this
chapter shall be kept for not less than
one year.
(Ii) Records of decisions made on a
system-by-system and case-by-case
basis under provisions of part 141, sub-
part H, shall be made in writing and
kept at the State.
(A) Records of decisions made under
the following provisions shall be kept
for 40 years (or until one year after the
decision is reversed or revised) and a
copy of the decision must be provided
to the system:
(1) Section 141.73(a)(1)—Any decision
to allow a public water system using
conventional filtration treatment or
direct filtration to substitute a turbid-
ity limit greater than 0.5 NTU;
(2) Section 141.73(b)(1)—Any decision
to allow a public water system using
slow sand filtration to substitute a tur-
bidity limit greater than 1 NTU;
(3) Section 141.74(b)(2)—Any decision
to allow an ui fi1tered public water sys-
tem to use continuous turbidity mon-
itoring;
(4) Section 141 .74(b)(6)(i)—Any deci-
sion to allow an unfiltered public water
system to sample residual disinfectant
concentration at alternate locations if
it also has ground water source(s);
(5) Section 141.74(c)(1)—Any decision
to allow a public water system using
filtration treatment to use continuous
turbidity monitoring; or a public water
system using slow sand filtration or fil-
tration treatment other than conven-
tional treatment, direct filtration or
diaton aceous earth filtration to re-
duce turbidity sampling to once per
day; or,for systems serving 500 people
or fewer to reduce turbidity sampling
to once per day;
(6) Section 141.74(c)(3)(i)—Any deci-
sion to allow a filtered public water
system to sample disinfectant residual
concentration at alternate locations if
it also has ground water source(s);
(7) Section 141.75(a)(2)(lx)—Any deci-
sion to allow reduced reporting by an
unfiltered public water system; and
(8) Section 141.75(b)(2)(iv)—Any deci-
sion to allow reduced reporting by a fil-
tered public water system.
(B) Records of decisions made under
the following provisions shall be kept
for one year after the decision is made:
(7) Section 141 .71(b)(1)(i )—Any deci-
sion that a violation of monthly CT
compliance requirements was caused
by circumstances that were unusual
and unpredictable.
(2) Section 141 .71(b)(1)(iv)—Any deci-
sion that a violation of the disinfection
effectiveness criteria was not caused by
a deficiency in treatment of the source
water;
(3) Section 141 .71(b)(5)—Any decision
that a violation of the total coliform
MCL was not caused by a deficiency in
treatment of the source water;
(4) Section 141.74(b)(1)—Any decision
that total coliform monitoring ether-
wise required because the turbidity of
the source water exceeds 1 NTU is not
feasible, except that if such decision al-
lows a system to avoid monitoring
without receiving State approval in
each instance, records of the decision
shall be kept until one year after the
decision is rescinded or revised.
(C) Records of decisions made under
the following provisions shall be kept
for the specified period or 40 years,
whichever Is less.
(1) Section 141.71(a)(2)(1)—Any deci-
sion that an event in which the source
water turbidity which exceeded 5 NTh
for an unfiltered public water system
was unusual and unpredictable shall be
kept for 10 years.
(2) SectIon 141.71(b)(1)(iii)—Any deci-
sion by the State that failure to meet
the disinfectant residual concentration
requirements of §141.72(a)(3)(i) was
caused by circumstances that were un-
usual and unpredictable, shall be kept
unless filtration is installed. A copy of
the decision must be provided to the
system.
804
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a •—. •
tflVI1WIIIu s sui rIv. ,i,ui,
(3) SectIon 141 .71(b)(2)—Any decision
that a public water system’s watershed
control program meets the require-
ments of this section shall be kept
until the next decision is available and
filed.
(4) Section 141.70(c)—Any decision
that an individual Is a qualified opera-
tor for a public water system using a
surface water source or a ground water
source under the direct influence of
surface water shall be maintained until
the qualification is withdrawn. The
State may keep this information in the
form of a list which Is updated periodi-
cally. If such qualified operators are
classified by category, the decision
shall include that classification.
(5) Section 141.71(b)(3)—Any decision
that a party other than the State is ap-
proved by the State to conduct on-site
inspectjons shall be maintained until
withdrawn. The State may keep this
information in the form of a list which
is updated periodically.
(6) Section 141.71(b)(4)—Any decision
that an unfiltered public water system
has been identified as the source of a
waterborne disease outbreak, and, if
applicable, that It has been modified
sufficiently to prevent another such oc-
currence shall be kept until filtration
treatment is installed. A copy of the
decision must be provided to the sys-
tem.
(7) Section 141.72—Any decision that
certain Interim disinfection require-
ments are necessary for an unfiltered
public water system for which the
State has determined that filtration is
necessary, and a list of those require-
ments, shall be kept until filtration
treatment is installed. A copy of the
requirements must be provided to the
Sy8tem.
(8) Section 141.72(a)(2)(li)—Any deci-
sion that automatic shut-off of deliv-
ery of water to the distribution system
of an unfiltered public water system
would cause an unreasonable risk to
health or interfere with fire protection
shall be kept until rescinded.
(9) Section l41.72(a)(4)(il)__Any deci-
sion by the State, based on site-specific
considej-ations, that an unfiltered sys-
tem has no means for having a sample
transported and analyzed for HPC by a
certifiec laboratory under the requisite
time and temperature Conditions sped-
fled by §141.74(a)(3) and that the sys-
tem is providing adequate disinfection
in the distribution system, so that the
disinfection requirements contained In
§141.72(a)(4)(i) do not apply, and the
basis for the decision, shall be kept
until the decision is reversed or re-
vised. A copy of the decision must be
provided to the system.
(10) Section 141.72(b)(3)(ii)—Any deci-
sion by the State, based on site-specific
conditions, that a filtered system has
no means for having a sample trans-
ported and analyzed for HPC by a cer-
tified laboratory under the requisite
time and temperature conditions speci-
fied by §141.74(a)(3) and that the sys-
tem is providing adequate disinfection
in the distribution system, so that the
disinfection requirements contained in
§141.72(b)(3)(i) do not apply, and the
basis for the decision, shall be kept
until the decision is reversed or re-
vised. A copy of the decision must be
provided to the system.
(11) Section 141.73(d)—Any decision
that a public water system, having
demonstrated to the State that an al-
ternative filtration technology, in
combination with disinfection treat-
ment, consistently achieves 99.9 per-
cent removal and/or inactivation of
Giardia lamb ha cysts and 99.99 percent
removal and/or inactivation of viruses,
may use such alternative filtration
technology, shall be kept until the de-
cision is reversed or revised. A copy of
the decision must be provided to the
system.
(12) Section 141.74(b), Table 3.1—Any
decision that a system using either
preformed chioramines or chioramines
formed by the addition of ammonia
prior to the addition of chlorine has
demonstrated that 99.99 percent re-
moval —nd/or inactivation of viruses
has been achieved at particular CT val-
ues, and a list of those values, shall be
kept until the decision is reversed or
revised. A copy of the list of required
values must be provided to the system.
(13) Section 141.74(b)(3)(v)—Any dcci-
sionthat a system using a disinfectant
other than chlorine may use CT 9 val-
ues other than those in Tables 2.1 or 3.1
and/or other operational parameters to
determine if the minimum total inac-
tivation rates required by § 141.72(a)(1)
are being met, and what those values
O5
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or parameters are, shall be kept until
the decision is reversed or revised. A
copy of the list of required values or
parameters must be provided to the
system.
(14) SectIon 142.16(b)(2)(i)(B)—Any de-
cision that a system using a ground
water source is under the direct influ-
ence of surface water.
(lii) Records of any determination
that a public water system supplied by
a surface water source or a ground
water source under the direct influence
of surface water is not required to pro-
vide filtration treatment shall be kept
for 40 years or until withdrawn, which-
ever is earlier. A copy of the deter-
mination must be provided to the sys-
tem.
(5) Records of each of the following
decisions made pursuant to the total
coliform provisions of part 141 shall be
made in writing and retained by the
State.
(i) Records of the following decisions
must be retained for 5 years.
(A) Section 141.21(b)(l)—Any decision
to waive the 24-hour time limit for col-
lecting repeat samples after a total
coliform-positive routine sample if the
public water system has a logistical
problem in collecting the repeat sam-
ple that is beyond the system’s control,
and what alternative time limit the
system must meet.
(B) Section 141.21(b)(5)—Any decision
to allow a system to waive the require-
ment for five routine samples the
month following a total coliform-posi-
tive sample. If the waiver decision is
made as provided in §141.21(b)(5), the
record of the decision must contain all
the items listed in that paragraph.
(C) Section 141.21(c)—Any decision to
invalidate a total coliform-posi tive
sample. If the decision to invalidate a
total coliform-positive sample as pro-
vided in §141.21(c)(1)(iii) is made, the
record of the decision must contain all
the items listed in that paragraph.
(ii) Records of each of the following
decisions must be retained in such a
manner so that each system’s current
status may be determined.
(A) Section 141.21(a)(2)—Any decision
to redtice the total coliform monitor-
ing frequency for a community water
system.serving 1,000 persons or fewer,
that has no history of total coliform
contamination in its current configur-
tion and had a sanitary survey con-
ducted within the past five years show-
ing that the system is supplied solely
by a protected groundwater source and
Is free of sanitary defects, to less than
once per month, as provided in
§141.21(a)(2); and what the reduced
monitoring frequency is. A copy of the
reduced monitoring frequency must be
provided to the system.
(B) Section 141.21(a)(3)(i)—Any deci-
sion to reduce the total coliform mon-
itoring frequency for a non-community
water system using only ground water
and serving 1,000 persons or fewer to
less than once per quarter, as provided
in §141.21(a)(3)(l), and what the reduced
monitoring frequency Is. A copy of the
reduced monitoring frequency must be
provided to the system.
(C) Section 141.21(a)(3)(ii)—Any deci-
sion to reduce the total coliform mon-
itoring frequency for a non-community
water system using only ground water
and serving more than 1,000 persons
during any month the system serves
1,000 persons or fewer, as provided In
§141.21(a)(3)(li). A copy of the reduced
monitoring frequency must be provided
to the system.
(D) Section 141.21(a)(5)—Any decision
to waive the 24-hour limit for taking a
total coliform sample for a public
water system which uses surface water,
or ground water under the direct influ-
ence of surface water, and which does
not practice filtration in accordance
with part 141, subpart H, and which
measures a source water turbidity level
exceeding 1 NTTJ near the first service
connection as provided in 141.21(a)(5).
(El) Section 141.21(d)(1)—Any decision
that a non-community water system is
using only protected and disinfected
ground water and therefore may reduce
the frequency of its sanitary survey to
less than once every five years, as pro-
vided in § 141.21(d), and what that fre-
quency is. A copy of the reduced fre-
quency must be provided to the sys-
tem.
(F) Section 141.21(d)(2)—A list of
agents other than the State, if any, ap-
proved by the State to conduct sani-
tary surveys.
(G) Section 141.21(e)(2)L Any decision
to allow a public water system to forgo
fecal coliform or E. coli testing on a
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total coliform-positive sample if that
system assumes that the total coli-
form-positive sample is fecal coliform-
positive or E. colz-positive, as provided
In § 141.21(e)(2).
(6) Records of analysis for other than
microbiological contaminants (includ-
ing total coliform, fecal coliform, and
heterotrophic plate count), residual
disinfectant concentration, other pa-
rameters necessary to determine dis-
infection effectiveness (including tem-
perature and pH measurements), and
turbidity shall be retained for not less
than 12 years and shall Include at least
the following information:
(i) Date and place of sampling.
(II) Date and results of analyses.
(b) Records required to be kept pur-
suant to paragraph (a) of this sec-
tion must be in a form admissible as
evidence in State enforcement proceed-
ings.
(C) Each State which has primary en-
forcement responsibility shall main-
tain current inventory information for
every public water system in the State
and shall retain inventory records of
public water systems for not less than
12 years.
(d) Each State which has primary en-
forcement responsibility shall retain,
for not less than 12 years, files which
shall include for each such public water
system In the State:
(1) Reports of sanitary surveys;
(2) Records of any State approvals;
(3) Records of any enforcement ac-
tions.
(4) A record of the most recent vul-
nerability determination, including the
monitoring results and other data sup-
porting the determination, the State’s
findings based on the supporting data
and any additional bases for such de-
termination; except that It shall be
kept in perpetuity or until a more cur-
rent vulnerability determination has
been issued.
(5) A record of all current monitoring
requirements and the most recent mon-
itoring frequency decision pertaining
to each contaminant, including the
monitoring results and other data sup-
porting the decision, the State’s find-
ings ‘eased on the supporting data and
any additional bases for such decision;
except that the record shall be kept in
perpeti ity or until a more recent mon-
Itoring frequency decision has been 18-
sued.
(6) A record of the most recent asbes-
tos repeat monitoring determination,
Including the monitoring results and
other data supporting the determina-
tion, the State’s findings based on the
supporting data and any additional
bases for the determination and the re-
peat monitoring frequency; except that
these records shall be maintained in
perpetuity or until a more current re-
peat monitoring determination has
been issued.
(7) Records of annual certifications
received from systems pursuant to part
141, subpart K demonstrating the sys-
tem’s compliance with the treatment
techniques for acrylamide and/or
epichiorohydrin in § 14.111.
(8) Records of the currently applica-
ble or most recent State determina-
tions, Including all supporting informa-
tion and an explanation of the tech-
nical basis for each decision, made
under the following provisions of 40
CFR, part 141, subpart I for the control
of lead and copper:
(I) Section 141.82(b)—decisions to re-
quire a water system to conduct corro-
sion control treatment studies;
(ii) Section 141.82(d)—designations of
optimal corrosiox control treatment;
(iii) Section 141.82(f)—deslgnatlons of
optimal water quality parameters;
(iv) Section 141.82(h)—decisions to
modify a public water system’s optimal
corrosion control treatment or water
quality parameters;
(v) Section 141.83(b)(2)—determina-
tions of source water treatment; and
(vi) Section 141.83(b)(4)—designations
of maximum permissible lead and cop-
per concentrations in source water.
(vii) Section 141.84(e)—determina-
tions that a system does not control
entire lead service lines.
(viii) Section 141.84(f)—determina-
tions establishing a shorter lead serv-
ice line replacement schedule than re-
quired by § 141.84.
(9) Records of reports and any other
information submitted by PWSs under
§ 141.90;
(10) Records of state activities, and
the results thereof, to verify compli-
ance with State determinations issued
under § 141.82(f), 141.82(h), 141.83(b)(2),
and 141.83(b)(4) and compliance with
()flr7
goi
-------
lead service line replacement schedules
under § 141.84.
(11) Records of each system’s cur-
ently applicable or most recently des-
gnated monitoring requirements. If,
for the records identified in
§ 142.14(d)(8)(1) through 142. 14(d)(8)(viii)
above, no change is made to State deci-
sion during a 12 year retention period,
the State shall maintain the record
until a new decision, determination or
designation has been issued.
(e) Each State which has primary en-
forcement responsibility shall retain
records pertaining to each variance and
exemption granted by it for a period of
not less than 5 years following the ex-
piration of such variance or exemption.
(f) Records required to be kept under
this section shall be available to the
Regional Administrator upon request.
The records required to be kept under
this section shall be maintained and
made available for public inspection by
the State, or, the State at its option
may require suppliers of water to make
available for public inspection those
records maintained in accordance with
§ 141.33.
41 FR 2918, Jan. 20, 1976, as amended at 54
FR 27537, June 29, 1989; 55 FR 25065, June 19,
..1990; 56 FR 3595, Jan. 30, 1991; 56 FR 26562,
June 1, 1991] -
§ 142.15 Reports by States.
Each State which has primary en-
forcement responsibility shall submit
to the Administrator the following in-
formation:
(a) Each State which has primary en-
forcement responsibility shall submit
quarterly reports to the Administrator
on a schedule and in a format pre-
scribed by the Administrator, consist-
ing of the following information:
(1) New violations by public water
systems in the State during the pre-
vious quarter of State regulations
adopted to incorporate the require-
ments of national primary drinking
water regulations;
(2) New enforcement actions taken by
the State during the previous quarter
against public water systems with re-
spect to State regulations adopted to
incorpoi ate the requirements of na-
tional primary drinking water regula-
tions;
(3) Notification of any new variance
or exemption granted during the pre-
vious quarter. The notice shall include
a statement of reasons foP the granting
of the variance or exemption, including
documentation of the need for the vari-
ance or exemption and the finding that
the granting of the variance or exemp-
tion will not result in an unreasonable
risk to health. The State may use a
single notification statement to report
two or more similar variances or ex-
emptions.
(b) Each State which has primary en-
forcement responsibility shall submit
annual reports to the Administrator on
a schedule and in a format prescribed
by the Administrator, consisting of the
following information:
(1) All additions or corrections to the
State’s inventory of public water sys-
tems;
(2) A summary of the status of each
variance and exemption currently in
effect. -
(C) Special reports. (1) Surface Water
Treatment Rule. (i)(A) A list identifying
the name, PWS identification number
and date of the determination for each
public water system supplied by a sur-
face water source or a ground water
source under the direct influence of
surface water, which the State has de-
termined is not required to provide fil-
tration treatment.
(B) A list identifying the name and
PWS identification number of each
public water system supplied by a sur-
face water source or ground water
source under the direct influence of
surface water, which the State has de-
termined, based on an evaluation of
site-specific considerations, has no
means of having a sample transported
and analyzed for HPC by a certified
laboratory under the requisite time
and temperature conditions specified
in §141.74(a)(3) and is providing ade-
quate disinfection in the distribution
system, regardless of whether the sys-
tem is in compliance with the criteria
of §141.72(a)(4)(i) or (b)(3)(i) of this
chapter, as allowed by §141.72(a)(4)(ii)
and (b)(3)(li). The list must include the
effective date of each determination.
(ii) Notification within 60 days of the
end of the calendar quarter of any de-
termination that a public water system
using a surface water source or a
808
-------
ground water source under the direct
Influence of surface water Is not re-
quired to provide filtration treatment.
The notification must include a state-
ment describing the system’s compli-
ance with each requirement of the
State’s regulations that implement
§ 141.71 and a summary of comments, If
any, received from the public on the
determination. A single notification
may be used to report two or more
such determinations.
(2) Total coliforms. A list of public
water systems which the State is al-
lowing to monitor less frequently than
once per month for community water
systems or less frequently than once
per quarter for non-community water
systems as provided In § 141.21(a), in-
cluding the effective date of the re-
duced monitoring requirement for each
system.
(3) The results of monitoring for un-
regulated contaminants shall be re-
ported quarterly.
(4) States shall report to EPA by May
15, August 15, November 15 and Feb-
ruary 15 of each year the following in-
formation related to each system’s
compliance with the treatment tech-
mques for lead and copper under 40
CFR Part 141, Subpart I during the pre-
ceding calendar quarter. Specifically,
States shall report the name and PWS
identification number of:
(1) Each public water system which
exceeded the lead and copper action
levels and the date upon which the
exceedance occurred;
(ii) Each public water system re-
quired to complete the corrosion con-
trol evaluation specified in § 141.82(c)
and the date the State received the re-
sults of the evaluations from each sys-
tem;
(iii) Each public water system for
which the State has designated optimal
corrosion control treatment under
§ 141.82(d), the date of the determina-
tion, and each system that completed
installation of treatment as certified
under § 141 .90(c)(3);
(iv) Each public water system for
which the State has designated optimal
water quality parameters under
§141.82 f) and the date of the deter-
mination:
(v) Each public water system which
the Stale has required to install source
water treatment under § 141.83(b)(2), the
date of the determination, and each
system that completed installation of
treatment as certified under
§ 141.90(d)(2);
(vi) Each public water system for
which the State has specified maxi-
mum permissible source water levels
under §141.83(b)(4); and
(vii) Each public water system re-
quired to begin replacing lead service
lines as specified in § 141.84, each public
water system for which the State has
established a replacement schedule
under § 141.84(0, and each system re-
porting compliance with its replace-
ment schedule under § 141.90(e)(2).
(d) The reports submitted pursuant
to this section shall be made available
by the State. to the public for Inspec-
tion at one or more locations withj i
the State.
(41 FR 2918, Jan. 20, 1916. as amended at 43
FR 5373, Feb. 8, 1978; 54 FR 27539, June 29,
1989; 55 FR 52140. Dec. 20, 1989; 55 FR 25065,
June 19, 1990; 56 FR 3595. Jan. 30, 1991; 56 FR
26562, June 7, 1991]
§ 142.16 Special primacy requirements.
(a) State public notification require-
ments. If a State exercises the option
specified In § 141.32(b)(4) to authorize
less frequent notice for minor monitor-
ing violations, it must adopt a program
revision enforceable under State au-
thorities which promulgates rules
specifying either: (1) Which monitoring
violations are minor and the frequency
of public notification for such viola-
tions; or (2) criteria for determining
which monitoring violations are minor
and the frequency of public notifica-
tion.
(b) Requirements for States to adopt 40
CFR part 141, sttbpart H Filtration and
Disinfection. In addition to the general
primacy requirements enumerated
elsewhere in this part, including the re-
quirement that State provisions are no
less stringent than the federal require-
ments, an application for approval of a
State program revision that adopts 40
CFR part 141, subpart H Filtration and
Disinfection, must Contain the infor-
mation specified in this paragraph (b),
except that States which require with-
out exception all public water systems
using a surface water source or a
ground water source under the direct
9
-------
§ 42i6
40 CFR Ch. I (7— --94 Edition)
influence of surface water to provide
filtration need not demonstrate that
the State program has provisions that
apply to systems which do not provide
filtration treatment. However, such
States must provide the text of the
State statutes or regulations which
specifies that all public water systems
using a surface water source or a
ground water source under the direct
influence of surface water must provide
filtration.
(1) Enforceable requiTements. In addi-
tion to adopting criteria no less strin-
gent than those specified in part 141,
subpart H of this chapter, the State’s
application must include enforceable
design and operating criteria for each
filtration treatment technology al-
lowed or a procedure for establishing
design and operating conditions on a
system-by-system basis (e.g., a permit
system).
(2) State practices or procedures. (I) A
State application for program revision
approval must include a description of
how the State will accomplish the fol-
lowing:
(A) Section 141.70(c) (qualification of
operators)—Qualify operators of sys-
tems using a surface water source or a
ground water source under the direct
influence of surface water.
(B) Determine which systems using a
ground water source are under the di-
rect influence of surface water by June
29, 1994 for community water systems
and by June 29, 1999 for non-community
water systems.
(C) Section 141.72(b)(1) (achieving re-
quired Giardia lamblia and virus re-
moval in filtered systems)—Determine
that the combined treatment process
incorporating disinfection treatment
and filtration treatment will achieve
the required removal and/or inactiva-
tion of GiaTdia lamblia and viruses.
(D) Section 141.74(a) (State approval
of parties to conduct analyses)—ap-
prove parties to conduct pH, tempera-
ture, turbidity, and residual disinfect-
ant concentration measurements.
(E) Determine appropriate filtration
treatment technology for source wa-
ters of various qualities.
(11) For a State which does not re-
quire aN public water systems using a
surface water source or ground water
source under the direct influence of
surface water to provide filtration
treatment, a State application for pro-
gram revision approval must Include a
description of how the State will ac-
complish the following:
(A) Section 141.71(b)(2) (watershed
control program)—Judge the adequacy
of watershed control programs.
(B) Section 141.71(b)(3) (approval of
on-site inspectors)—Approve on-site in-
spectors other than State personnel
and evaluate the results of on-site in-
spections.
(iii) For a State which adopts any of
the following discretionary elements of
part 141 of this chapter, the application
must describe how the State will:
(A) Section 141.72 (interim disinfec-
ti on requirements)—Determine interim
disinfection requirements for unfil-
tered systems which the State has de-
termined must filter which will be In
effect until filtration Is installed.
(B) Section 141.72(a)(4)(ii) and
(b)(3)(ii) (determination of adequate
disinfection In system without dis-
infectant residual)—Determine that a
system is unable to measure HPC but
is still providing adequate disinfection
in the distribution system, as allowed
by § 141.72(a)(4)(ii) for systems which do
not provide filtration treatment and
§141.72(b)(3)(ii) for systems which do
provide filtration treatment.
(C) Section 141.73(a)(1) and (b)(1) (al-
ternative turbidity limit)—Determine
whether an alternative turbidity limit
is appropriate and what the level
should be as allowed by §141.73(a)(1) for
a system using conventional filtration
treatment or direct filtration and by
§141.73(b)(1) for a system using slow
sand filtration.
(D) Section 141.73(d) (alternative fil-
tration technologles)—Determine that
a public water system has dem-
onstrated that an alternate filtration
technology, in combination with dis-
infection treatment, achieves adequate
removal andior disinfection of Giardia
lamblza and viruses.
(E) Section 141.74(a)(5) (alternate an-
alytical method for chlorine)—Approve
DPD colorimetric test kits for free and
combined chlorine measurement or ap-
prove calibration of automated meth-
ods by the Indigo Method for ozone de-
termination.
-------
Environmental Protection Agency
5142.16
(F) SectIon 141.74 (b)(2) and (c)(1) (ap-
proval of continuous turbidity mon-
itoring)—Approve continuous turbidity
monitoring, as allowed by §141.74(b)(2)
for a public water system which does
not provide filtration treatment and
§141.74(c)(1) for a system which does
provide filtration treatment.
(G) Section 141.74 (b)(6)(i) and (c)(3)(i)
(approval of alternate disinfectant re-
sidual concentration sampling plans)—
Approve alternate disinfectant residual
concentration sampling plans for sys-
tems which have a combined ground
water and surface water or ground
water and ground water under the di-
rect Influence of a surface water dis-
tribution system, as allowed by
§ 141.74(b)(6)(1) for a public water sys-
tem which does not provide filtration
treatment and §141.74(c)(3)(i) for a pub-
lic water system which does provide
filtration treatment.
(H) Section 141.74(c)(1) (reduction of
turbidity monitoring)—Decide whether
to allow reduction of turbidity mon-
itoring for systems using slow sand fil-
tration, an approved alternate filtra-
tion technology or serving 500 people or
fewer.
(I) Section 141.75 (a)(2)(lx) and
(b)(2)(iv) (reduced reportlng)—Deter-
mine whether reduced reporting is ap-
propriate, as allowed by § 141.75(a)(2)(ix)
for a public water system which does
not provide filtration treatment and
§141.75(b)(2)(iv) for a public water sys-
tem which does provide filtration
treatment.
(iv) For a State which does not re-
quire all public water systems using a
surface water source or ground water
source under the direct influence of
surface water to provide filtration
treatment and which uses any of the
following discretionary provisions, the
application must describe how the
State will:
(A) Section 141 .71(a)(2)(i) (source
water turbidity requirements)—Deter-
mine that an exceedance of turbidity
limits in source water was caused by
circumstances that were unusual and
unpredictable.
(B) Section 141.71(b)(1)(j) (monthly
CT compliance requirements)—Deter-
mine whe ther failure to meet the re-
quirements fOr monthly CT compliance
in §141.72(a)(l) was caused by cir-
cumstances that were unusual and un-
predictable.
(C) Section 141.71(b)(1)(iiI) (residual
disinfectant concentration require-
ments)—Determlne whether failure to
meet the requirements for residual dis-
infectant concentration entering the
distribution system In § 141.72(a)(3)(i)
was caused by circumstances that were
unusual and unpredictable.
(D) Section 141.71(b)(1)(iv) (distribu-
tion system disinfectant residual con-
centration requlrements)—Determine
whether failure to meet the require-
ments for distribution system residual
disinfectant concentration in
§ 141.72(a)(4) was related to a deficiency
in treatment.
(E) Section 141.71(b)(4) (system modi-
fication to prevent waterborne disease
outbreak)—Determine that a system,
after having been identified as the
source of a waterborne disease out-
break, has been modified sufficiently
to prevent another such occurrence.
(F) Section 141.71(b)(5) (total coliform
MCL)—Determine whether a total coli-
form MCL violation was caused by a
deficiency in treatment.
(G) Section 141.72(a)(1) (disinfection
requlrements)—Determine that dif-
ferent ozone, chlora.mine, or chlorine
dioxide CT . 9 values or conditions are
adequate to achieve required disinfec-
tion.
(H) Section 141.72(a)(2)(ii) (shut-off of
water to distribution system)—Deter-
mine whether a shut-off of water to the
distribution system when the disinfect-
ant residual concentration entering the
distribution system is less than 0.2 mgI
1 will cause an unreasonable risk to
health or interfere with fire protection.
(I) Section 141.74(b)(1) (coliform mon-
itoring)—Determine that coliform
monitoring which otherwise might be
required Is not feasible for a system.
(J) Section 141.74(b), Table 3.1 (dis-
infection with chloramines)—Deter-
mine the conditions to be met to insure
99.99 percent removal and/or inactiva-
tion of viruses in systems which use ei-
ther preformed chloramines or
chioramines for which ammonia Is
added to the water before chlorine, as
allowed by Table 3.1.
(C) Total coliform requirements. In addi-
tion to meeting the general primacy
requirements of this part, an applica-
V I
-------
tion for approval of a State program
revision that adopts the requirements
of the national primary drinking water
regulation for total coliforms must
contain the following Information:
(1) The application must describe the
State’s plan for determining whether
sample siting plans are acceptable (in-
cluding periodic reviews), as required
by §141.21(a)(1).
(2) The national primary drinking
water regulation for total coliforms in
part 141 gives States the option to
Impose lesser requirements in certain
circumstances, which are listed below.
If a State chooses to exercise any of
these options, its application for appro-
val of a program revision must include
the information listed below (the State
need only provide the information list-
ed for those Options it has chosen to
use).
(I) Section 141.21(a)(2) (Reduced mon-
itoring requirements for community
water systems serving 1,000 or fewer
persons)—A description of how the
State will determine whether it is ap-
propriate to reduce the total coliform
monitoring frequency for such systems
using the criteria in § 141.21(a)(2) and
how it will determine the revised fre-
quency.
(ii) Section 141.21(a)(3)(l) (Reduced
monitoring requirements for non-com-
munity water systems using ground
water and serving 1,000 persons or
fewer)—A description of how the State
will determine whether it is appro-
priate to reduce the total coliform
monitoring frequency for such systems
using the criteria in § 141.21(a)(3)(i) and
how it will determine the revised fre-
quency.
(iii) Section 141.21(a)(3)(ii) (Reduced
monitoring for non-community water
systems using ground water and serv-
ing more than 1,000 persons)—A de-
scription of how the State will deter-
mine whether it is appropriate to re-
duce the total coliform monitoring fre-
quency for non-community water sys-
tems using only ground water and serv-
ing more than 1,000 persons during any
month the system serves 1,000 persons
or fewer and how it will determine the
revised frequency.
(iv) ection 141.21(a)(5) (Waiver of
time limit for sampling after a turbid-
ity sampling result exceeds 1 NTU)—A
description of how the State will deter-
mine whether it is appropriate to waive
the 24-hour time limit.
(v) Section 141.21(b)(1) (Waiver of
time limit for repeat samples>—A de-
scription of how the State will deter-
mine whether it is appropriate to waive
the 24-hour time limit and how it will
determine what the revised time limit
will be.
(vi) Section 141.21(b)(3) (Alternative
repeat monitoring requirements for
systems with a single service connec-
tion)—A description of how the State
will determine whether it is appro-
priate to allow a system with a single
service connection to use an alter-
native repeat monitoring scheme, as
provided in §141.21(b)(3), and what the
alternative requirements will be.
(vii) Section 141.21(b)(5) (Waiver of re-
quirement to take five routine samples
the month after a system has a total
coliform-positive sample)—A descrip-
tion of how the State will determine
whether it is appropriate to waive the
requirement for certain systems to col-
lect five routine samples during the
next month it serves water to the pub-
lic, using the criteria in § 141.21(b)(5).
(viii) Section 141.21(c) (Invalidation
of total coliform-positive samples>—A
description of how the State will deter-
mine whether it is appropriate to in-
validate a total coliform-positive sam-
ple, using the criteria in § 141.21(c).
(ix) Section 141.21(d) (SanItary sur-
veys).—A description of the State’s cri-
teria and procedures for approving
agents other than State personnel to
conduct sanitary surveys.
(x) Section 141.21(e)(2) (Waiver of
fecal coliform or E. colz testing on a
total coliform-positive sample)—A de-
scription of how the State will deter-
mine whether It Is appropriate to waive
fecal coliform or E. coil testing on a
total coliform-positive sample.
(d) Requirements for States to adopt
40 CFR part 141, Subpart I—Control of
Lead and Copper. An application for
approval of a State program revision
which adopts the requirements speci-
fied in 40 CFR part 141, subpart I, must
contain (in addition to the general pri-
macy requirements enumerated else-
where in this part, including the re-
quirement that State regulations be at
least as stringent as the federal re-
Ri 2
5r,
-------
quirements) a description of how the
State will accomplish the following
program requirements:
(1) Sections 141.82(d), 141.82(f),
141.82(h)—Designating optimal corro-
sion control treatment methods, opti-
mal water quality parameters and
modifications thereto.
(2) Sections 141.83(b)(2) and
141.83(b)(4)—Designating source water
treatment methods, maximum perrnls-
sible source water levels for lead and
copper and modifications thereto.
(3) Section 141.90(e)—Verifying com-
pliance with lead service line replace-
ment schedules and of PWS demonstra-
tions of limited control over lead serv—
ice lines.
(e) An application for approval of a
State program revision which adopts
the requirements specified in § 141.11,
141.23, 141.24, 141.32, 141.40, 141.61 and
141.62 must contain the following (in
addition to the general primacy re-
quirements enumerated elsewhere in
this Part, Including the requirement
that State regulations be at least as
stringent as the federal requirements):
(1) If a State chooses to issue waivers
from the monitoring requirements in
§ 141.23, 141.24, and 141.40, the State
shall describe the procedures and cr1-
teria which it will use to review waiver
applications and issue waiver deter-
minations.
(i) The procedures for each contami-
nant or class of contaminants shall in-
clude a description of:
(A) The waiver application require-
ments;
(B) The State review process for
“use” waivers and for “susceptibility”
waivers; and -
(C) The State decision criteria, in-
cluding the factors that will be consid-
ered in deciding to grant or deny waiv-
ers. The decision criteria must include
the factors specified in § 141.24(f)(8),
141.24(h)(6), and 141.40(n)(4).
(ii) The State must specify the mon-
itoring data and other documentation
required to demonstrate that the con-
taminant is eligible for a “use” andlor
“susceptibility” waiver.
(2) A monitoring plan for the initial
monitoring period by which the State
will assure all systems complete the
required initial monitoring within the
regulatory deadlines.
NOTE: States may update their mon1tori g
plan submitted under the Phase II Rule o
simply note In their application that they
will use the same monitoring plan for the
Phase V Rule.
(1) The initial monitoring plan must
describe how systems will be scheduled
during the initial monitoring period
and demonstrate that the analytical
workload on certified laboratories for
each of the three years has been taken
into account, to assure that the State’s
plan will result In a high degree of
monitoring compliance and that as a
result there is a high probability of
compliance and will be updated as nec-
essary.
(ii) The State must demonstrate that
the initial monitoring plan is enforce-
able under State law.
(54 FR 15188, Apr. 17, 1989, as amended at 54
FR 27539, June 29. 1989; 55 FR 25065. June 19,
1990; 56 FR 3595, Jan. 30, 1991; 56 FR 26563,
June 7, 1991; 57 FR 31847. July 17, 1992; 59 FR
33864, June 30, 1994]
§ 142.17 Review of State programs and
procedures for withdrawal of ap-
proved primacy programs.
(a)(1) At least annually the Adminis-
trator shall review, with respect to
each State determined to have primary
enforcement responsibility, the compli-
ance of the State with the require-
ments set forth in § 142.10 and the ap-
proved State primacy program. At the
time of this review, the State shall no-
tify the Administrator of any State-
initiated program changes (i.e..
changes other than those to adopt new
or revised EPA regulations), and of any
transfer of all or part of its program
from the approved State agency to any
other State agency.
(2) When, on the basis of the Admin-
istrator’s review or other available in-
formation, the Administrator deter-
mines that a State no longer meets the
requirements set forth In § 142.10, and
the State has failed to request or has
been denied an extension under
§142.12(b)(2) of the deadlines for meet-
ing those requirements, or has failed to
take other corrective actions required
by the Administrator, the Adminis-
trator may initiate proceedings to
withdraw program approval. The Ad-
ministrator shall notify the State in
writing of EPA’s intention to initiate
withdrawal proceedings and shall sum-
-------
marize in the notice the information
available that indicates that the State
o longer meets such requirements.
3) The State notified pursuant to
tragraph (a)(2) of this section may,
within 30 days of receiving the Admin-
istrator’s notice, submit to the Adfl i1n-
istrator evidence demonstrating that
the State continues to meet the re-
quirements for primary enforcement
responsibility.
(4) After reviewing the submission of
the State, if any, made pursuant to
paragraph (a)(3) of this section the Ad-
ministrator shall either determine that
the State no longer meets the require-
ments of § 142.10 or that the State con-
tinues to meet those requirements, and
shall notify the State of his or her de-
termination. Any determination that
the State no longer meets the require-
ments of § 142.10 shall not become effec-
tive except as provided in §142.13.
(b) If a State which has primary en-
forcement responsibility decides to re-
linquish that authority, it may do so
by notifying the Administrator in writ-
Ing of the State’s decision at least 90
‘lays before the effective date of the de-
sion.
J54 FR 52140. Dec. 20, 1989)
§ 142.18 EPA review of State monitor-
ing determinations.
(a) A Regional Administrator may
annul a State monitoring determina-
tion for the types of determinations
identified in § 141.23(b), 141.23(c),
141.24(1 ), 141.24(h), and 141.40(n) in ac-
cordance with the procedures in para-
graph (b) of this section.
(b) When information available to a
Regional Administrator, such as the
results of an annual review, indicate a
State determination fails to apply the
standards of the approved State pro-
gram, he may propose to annul the
State monitoring determination by
sending the State and the affected PWS
a draft Rescission Order. The draft
order shall:
(1) Identify the PWS, the State deter-
mination, and the provisions at issue;
(2) Explain why the State determifla-
ion is not in compliance with the
State program and must be changed;
and
(3) DescrIbe the actions and terms Of
operation the PWS will be required to
Implement.
(C) The State and PWS shall have 60
days to comment on the draft Rescis-
sion Order.
(d) The Regional Administrator may
not Issue a Rescission Order to impose
conditions less stringent than those
imposed by the State.
(e) The Regional Administrator shall
also provide an opportunity for com-
ment upon the draft Rescission Order,
by
(1) Publishing a notice in a news-
paper in general circulation in commu-
nities served by the affected system;
and
(2) Providing 30 days for public com-
ment on the draft order.
(f) The State shall demonstrate that
the determination is reasonable, based
on its approved State program.
(g) The Regional Administrator shall
decide within 120 days after issuance of
the draft Rescission Order to:
(1) Issue the Rescission Order as
drafted;
(2) Issue a modified Rescission Order;
or
(3) Cancel the Rescission Order.
(h) The Regional Administrator shall
set forth the reasons for his decision,
including a responsiveness summary
addressing significant comments from
the State, the PWS and the public.
(i) The Regional Administrator shall
send a notice of his final decision to
the State, the PWS and all parties who
commented upon the draft Rescission
Order.
(j) The Rescission Order shall remain
in effect until cancelled by the Re-
gional Administrator. The Regional
Administrator may cancel a Rescission
Order at any time, so long as he noti-
fies those who commented on the draft
order.
.(k) The Regional Administrator may
not delegate the signature authority
for a final Rescission Order or the can-
cellation of an order.
(1) Violation of the actions, or terms
of operation, required by a Rescission
Order is a violation of the Safe Drink-
ing Water Act.
(56 FR 3595. Jan. 30. 19911
Rid
ç
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§ 142.19 EPA review of State imple-
mentation of national primary
drinking water regulations for lead
and copper.
(a) Pursuant to the procedures in this
section, the Regional Administrator
may review state determinations es-
tablishing corrosion control or source
water treatment requirements for lead
or copper and may issue an order estab-
lishing federal treatment requirements
for a public water system pursuant to
§141.82 (d) and (1) and §141.83(b) (2) and
(4) where the Regional Administrator
finds that:
(1) A State has failed to Issue a treat-
ment determination by the applicable
deadline;
(2) A State has abused its discretion
in making corrosion control or source
water treatment determinations in a
substantial number of cases or In cases
affecting a substantial population, or
(3) The technical aspects of State’s
determination would be indefensible in
an expected federal enforcement action
taken against a system.
(b) If the Regional Administrator de-
termines that review of state
determination(s) under this section
may be appropriate, he shall request
the State to forward to EPA the state
determination and all information that
was considered by the State In making
its determination, including public
comments, If any, within 60 days of the
Regional Adrninstrator’s request.
(C) Proposed review of state deter-
minations:
(1) Where the Regional Administrator
finds that review of a state determina-
tion under paragraph (a) of this section
Is appropriate, he shall Issue a pro-
posed review order which shall:
(I) Identify the public water
system(s) affected, the State deter-
mination being reviewed and the provi-
sions of state and/or federal law at
issue;
(Ii) Identify the determination that
the State failed to carry out by the ap-
plicable deadline, or identify the par-
ticular provisions of the State deter-
mination which, in the Regional Ad-
ministrator’s judgment, fail to carry
out pi perly applicable treatment re-
quirements, and explain the basis for
the Regional Administrator’s conclu-
sion:
(iii) Identify the treatment require-
ments which the Regional Adminis-
trator proposes to apply to the affected
system(s), and explain the basis for the
proposed requirements;
(iv) Request public comment on the
proposed order and the supporting
record.
(2) The Regional Administrator shall
provide notice of the proposed review
order by:
(i) Mailing the proposed order to the
affected public water system(s), the
state agency whose order Is being
reviewed, and any other parties of
interest known to the Regional Admin-
istrator; and
(Ii) Publishing a copy of the proposed
order in a newspaper of general circula-
tion in the affected communities.
(3) The Regional Administrator shall
make available for public inspection
during the comment period the record
supporting the proposed order, which
shall include all of the information
submitted by the State to EPA under
paragraph (b) of this section, all other
studies, monitoring data and other in-
formation considered by the Agency In
developing the proposed order.
(d) Final review order
(1) Based upon review of all informa-
tion obtained regarding the proposed
review order, including public com-
ments, the Regional Administrator
shall issue a final review order within
120 days after issuance of the proposed
order which affirms, modifies, or with-
draws the proposed order. The Regional
Administrator may extend the time pe-
ridd for issuing the final order for good
cause. If the final order modifies or
withdraws the proposed order, the final
order shall explain the reasons support-
ing the change.
(2) The record of the final order shall
consist of the record supporting the
proposed order, all public comments,
all other information considered by the
Regional Administrator in issuing the
final order and a document responding
to all significant public comments sub-
mitted on the proposed order. If new
points are raised or new material sup-
plied during the public comment pe-
riod, the Regional Administrator may
support the responses on those matters
by adding new materials to the record.
01
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The recora snail oe compie e wnen tne
final order is issued.
(3) Notice of the final order shall be
provided by mailing the final order to
the affected system(s), the State, and
all parties who commented on the pro-
posed order.
(4) Upon issuance of the final order.
its terms constitute requirements of
the national primary drinking water
regulation for lead andIor copper until
such time as the Regional Adminis-
trator Issues a new order (which may
include recision of the previous order)
pursuant to the procedures in this sec-
tion. Such requirements shall super-
sede any inconsistent treatment re-
quirements established by the State
pursuant to the national primary
drinking water regulations for lead and
copper.
(5) The Regional Administrator may
not Issue a final order to impose condi-
tions less stringent than those imposed
by the State.
(e) The Regional Administrator may
not delegate authority to sign the final
order under this section.
(f) Final action of the Regional Ad-
ministrator under paragraph (d) of this
section shall constitute action of the
Administrator for purposes of 42 U.S.C.
§ 300j—7(a)(2).
(56 FR. 26563, June 7, 1991]
Subpart C—Review of State-Issued
Variances and Exemptions
§142.20 State-issued variances and ex-
emptions. -
States with primary enforcement re-
spon8ibility may Issue variances and
exemptions from the requirements of
primary drinking water regulations
under conditions and in a manner
which are not less stringent than the
conditions under which, and the man-
ner in which, variances and exemptions
may be granted under sections 1415 and
1416 of the Act. In States that do not
have primary enforcement responsibil-
ity, variances and exemptions from the
requirements of ap l1cable national
primarij drinking water regulations
may be granted by the Administrator
pursuant to subparts E and F.
§ 142.21 State consideration ot a vari-
ance or exemption request.
A State with primary enforcement
responsibility shall act on any variance
or exemption request submitted to it,
within 90 days of receipt of the request.
§ 142.22 Review of State variances, ex-
emptions and schedules.
(a) Not later than 18 months after the
effective date of the interim national
primary drinking water regulations the
Administrator shall complete a com-
prehensive review of the variances and
exemptions granted (and schedules pre-
scribed pursuant thereto) by the States
with primary enforcement responsibil-
ity during the one-year period begin-
ning on such effective date. The Ad-
ministrator shall conduct such subse-
quent reviews of exemptions and sched-
ules as he deems necessary to carry out
the purposes of this title, but at least
one review shall be completed within
each 3—year period following the com-
pletion of the first review under this
paragraph.
(b) Notice of a proposed review shall
be published in the FEDERAL REGISTER.
Such notice shall (1) provide informa-
tion respecting the location of data and
other information respecting the
variances and exemptions to be re-
viewed (including data and other infor-
mation concerning new scientific mat-
ters bearing on such variances and ex-
emptions), and (2) advise of the oppor-
tunity to submit comments on the
variances and exemptions reviewed and
on the need for continuing them. Upon
completion of any such review, the Ad-
ministrator shall publish in the FED-
ERAL REGISTER the results of his re-
view, together with findings responsive
to any comments submitted in connec-
tion with such review.
§ 142.23 Notice to State.
(a) If the Administrator finds that a
State has, In a substantial number of
instances, abused Its discretion in
granting variances or exemptions
under section 1415(a) or section 1416(a)
of the Act or failed to prescribe sched-
ules in accordance with section 1415(a)
or section 1416(b) of the Act, he shall
notify the State of his findings. Such
notice shall:
816
1k ’
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(1) IdentIfy each public water system
for which the finding was made;
(2) SpecIfy the reasons for the find-
ing; and
(3) As appropriate, propose revoca-
tion of specific variances or exemp-
tions, or propose revised schedules for
specific public water systems.
(b) The Administrator shall also no-
tify the State of a public hearing to be
held on the provisions of the notice re-
quired by paragraph (a) of this section.
Such notice shall specify the time and
location for the hearing. If, upon noti-
fication of a finding by the Adminis-
trator, the State takes adequate cor-
rective action, the Administrator shall
rescind his notice to the State of a pub-
lie hearing, provided that the Adminis-
trator is notified of the corrective ac-
tion prior to the hearing.
(c) The Administrator shall publish
notice of the public hearing in the FED-
ERAL REGISTER and in a newspaper or
newspapers of general circulation in
the involved State including a sum-
mary of the findings made pursuant to
paragraph (a) of this section, a state-
ment of the time and location for the
hearing, and the address and telephone
number of an office at which interested
persons may obtain further informa-
tion concerning the hearing.
(d) Hearings convened pursuant to
paragraphs (b) and (C) of this section
shall be conducted before a hearing of-
ficer to be designated by the Athninis-
trator. The hearing shall be conducted
by the hearing officer in an informal,
orderly and expeditious manner. The
hearing officer shall have authority to
call witnesses, receive oral and written
testimony and take such other action
as may be necessary to assure the fair
and efficient conduct of the hearing.
Following the conclusion of the hear-
ing, the hearing officer shall forward
the record of the hearing to the Admin-
istrator.
(e) Within 180 days after the date no-
tice is given pursuant to paragraph (b)
of this section, the Administrator
shall:
(1) Rescind the finding for which the
notice was given and promptly notify
the State of such rescission, or
(2) promulgate with any modifica-
tions as appropriate such revocation
and revised schedules proposed in such
notice and promptly notify the State of
such action.
(f) A revocation or revised schedule
shall take effect 90 days after the State
is notified under paragraph (e)(2) of
this section.
§ 142.24 Administrator’s rescission.
If, upon notification of a finding by
the Administrator under § 142.23, the
State takes adequate corrective action
before the effective date of the revoca-
tion or revised schedule, the Adminis-
trator shall rescind the application of
his finding to that variance, exemption
or schedule.
Subpart D—Federal Enforcement
§ 142.30 Failure by State to assure en•
forcement,
(a) The Administrator shall notify a
State and the appropriate supplier of
water whenever he finds during a pe-
riod in which the State has primary en-
forcement responsibility for public
water systems that a public water sys-
tem within such State is not in compli-
ance with any primary drinking water
regulation contained in part 141 of this
chapter or with any schedule or other
requirements imposed pursuant to a
variance or exemption granted under
section 1415 or 1416 of the Act: Provided,
That the State will be deemed to have
been notified of a violation referred to
in a report submitted by the State.
(b) The Administrator shall provide
advice and technical assistance to such
State and public water system as may
be appropriate to bring the system into
compliance by the earliest feasible
time.
(41 FR 2918, Jan. 20, 1976, as amended at 52
FR 20675. June 2, 1987]
§ 142.31 [ Reserved]
§ 142.32 Petition for public hearing.
(a) If the Administrator makes a
finding of noncompliance pursuant to
§ 142.30 with respect to a public water
system in a State which has primary
enforcement responsibility, the Admin-
istrator may, for the purpose of assist-
ing that State in carrying out such re-
817
i1
-------
sponsibility and upon the petitIon 01
such State or public water system or
persons served by such system, hold.
after appropriate notice, public hear-
ings for the purpose of gathering Infor-
mation as described in §142.33.
(b) A petition for a public hearing
pursuant to paragraph (a) of this sec-
tion shall be filed with the Adminis-
trator and shall include the following
information:
(1) The name, address and telephone
number of the individual or other en-
tity requesting a hearing.
(2) If the petition is filed by a person
other than the State or public water
system, a statement that the person is
served by the system.
(3) A brief statement of information
that the requesting person intends to
submit at the requested hearing.
(4) The signature of the individual
submitting the petition; or, if the peti-
tion is filed on behalf of a State, public
water system or other entity, the sig-
nature of a responsible official of the
State or other entity.
§ 142.33 Public hearing.
(a) If the Administrator grants the
petition for public hearing, he shall
give appropriate public notice of such
hearing. Such notice shall be by publi-
cation in the FEDERAL REGISTER and in
a newspaper of general circuiation or
by other appropriate communications
media covering the area served by such
public water system.
(b) A hearing officer designated by
the Administrator shall gather during
the public hearing Information from
technical or other experts, Federal,
State, or other public officials, rep-
resentatives of the public water sys-
tem, persons served by the system, and
other interested persons on:
(1) The ways in which the system can
within the earliest feasible time be
brought into compliance, and
(2) The means for the maximum fea-
sible protection of the public health
during any period in which such sys-
tem is not in compliance.
(C) On the basis of the hearing and
other available information the Ad-
ministrator shall Issue recommenda-
tions which shall be sent to the State
and public water system and shall be
made available to the public and com-
munications media.
§ 142.34 Entry and inspection of public
water systems.
(a) Any supplier of water or other
person subject to a national primary
drinking water regulation shall, at any
time, allow the Administrator, or a
designated representative of the Ad-
ministrator, upon presenting appro-
priate credentials and a written notice
of inspection, to enter any establish-
ment, facility or other property of such
supplier or other person to determine
whether such supplier or other person
has acted or is acting in compliance
with the requirements of the Act or
subchapter D of this chapter. Such in-
spection may include inspection, at
reasonable times, of records, files, pa-
pers, processes, controls and facilities,
or testing of any feature of a public
water system, including its raw water
source.
(b) Prior to entry into any establish-
ment, facility or other property within
a State which has primary enforcement
responsibility, the Administrator shall
notify, in writing, the State agency
charged with responsibility for safe
drinking water of his intention to
make such entry and shall include In
his notification a statement of reasons
for such entry. The. Administrator
shall, upon a. showing by the State
agency that such an entry will be det-
rimental to the administration of the
State’s program of primary enforce-
ment responsibility, take such showing
into consideration in determining
whether to make such entry. The Ad-
ministrator shall in any event offer the
State agency the opportunity of having
a representative accompany the Ad-
ministrator or his representative on
such entry.
(c) No State agency which receives
notice under paragraph (b) of this sec-
tion may use the information con-
tained in the notice to inform the per-
son whose property is proposed to be
entered of the proposed entry; if a
State so uses such information, notice
to the agency under paragraph (b) of
this section Is not required for subse-
quent inspections of public water sys-
tems until such time as the Adminis-
trator determines that the agency has
818
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CI, VII JI III IUI II I I I I II I I g ps . y
U
provided him satisfactory assurances
that it will no longer so use Informa-
tion contained In a notice received
under paragraph (b) of this section.
Subpart E—Variances Issued by
the Administrator
* 142.40 Requirementh for a variance.
(a) The Administrator may grant one
or more variances to any public water
system within a State that does not
have primary enforcement responsibil-
ity from any requirement respecting a
maximum contaminant level of an ap-
plicable national primary drinking
water regulation upon a finding that:
(1) Because of characteristics of the
raw water sources which are reason-
ably available to the system, the sys-
tem cannot meet the requirements re-
specting the maximum contaminant
levels of such drinking water regula-
tions despite application of the best
technology, treatment techniques, or
other means, which the Administrator
finds are generally available (taking
costs into consideration); and
(2) The granting of a variance will
not result in an unreasonable risk to
the health of persons served by the sys-
tem.
(b) The Administrator may grant one
or more variances to any public water
system within a State that does not
have primary enforcement responsibil-
ity from any requirement of a specified
treatment technique of an applicable
national primary drinking water regu-
lation upon a finding that the public
water system applying for the variance
has demonstrated that such treatment
technique is not necessary to protect
the health of persons because of the na-
ture of the raw water source of such
system.
§ 142.41 Variance request.
A supplier of water may request the
granting of a variance pursuant to this
subpart for a public water system with-
in a State that does not have primary
enforcement responsibility by submit-
ting a request for a variance In writing
to the Administrator. Suppliers of
water may submit a joint request for
variances’ when they seek similar
variances under similar circumstances.
Any written request for a variance or
variances shall include the following
information:
(a) The nature and duration of vari-
ance requested.
(b) Relevant analytical results of
water quality sampling of the system,
including results of relevant tests con-
ducted pursuant to the requirements of
the national primary drinking water
regulations.
(c) For any request made under
§ 142.40(a):
(1) Explanation in full and evidence
of the best available treatment tech-
nology and techniques.
(2) Economic and legal factors rel-
evant to ability to comply.
(3) Analytical results of raw water
quality relevant to the variance re-
quest.
(4) A proposed compliance schedule,
including the date each step toward
compliance will be achieved. Such
schedule shall include as a minimum
the following dates:
(i) Date by which arrangement for al-
ternative raw water source or improve-
ment of existing raw water source will
be completed.
(ii) Date of initiation of the connec-
tion of the alternative raw water
source or improvement of existing raw
water source.
(iii) Date by which final compliance
is to be achieved.
(5) A plan for the provision of safe
drinking water in the case of an exces-
sive rise in the contaminant level for
which the variance is requested.
(6) A plan for additional interim con-
trol measures during the effective pe-
riod of variance.
(d) For any request made under
§ 142.40(b), a statement that the system
will perform monitoring and other reá-
sonable requirements prescribed by the
Administrator as a condition to the
variance.
(e) Other information, if any, be-
lieved to be pertinent by the applicant.
(1) Such other information as the Ad-
ministrator may require.
[ 41 FR 2918, Jan. 20. 1976, as amended at 52
FR 20675, June 2 1987)
-------
§ 142.42 Consideration of a variance
request.
(a) The Administrator shall act on
any variance request submitted pursu-
ant to § 142.41 withIn 90 days of receipt
of the request.
(b) In his consideration of whether
the public water system Is unable to
comply with a contaminant level re-
quired by the national primary drink-
ing water regulations because of the
nature of the raw water source, the Ad-
ministrator shall consider such factors
as the following:
(1) The availability and effectiveness
of treatment methods for the contami-
nant for which the variance is re-
quested.
(2) Cost and other economic consider-
ations such as Implementing treat-
ment, improving the quality of the
source water or using an alternate
source.
(C) A variance may only be issued to
a system after the system’s application
of the best technology, treatment tech-
niques, or other means, which the Ad-
ministrator finds are available (taking
costs into consideration).
(d) In his consideration of whether a
public water system should be granted
a variance to a required treatment
technique because such treatment is
unnecessary to protect the public
health, the Administrator shall con-
sider such factors as the following:
(1) Quality of the water source in-
cluding water quality data and perti-
nent sources of pollution.
(2) Source protection measures em-
ployed by the public water system.
(41 FR 2918, Jan. 20, 1916, as amended at 52
FR 20675, June 2. 1987]
§ 142.43 Disposition of a variance re-
quest.
(a) If the Administrator decides to
deny the application for a variance, he
shall notify the applicant of his inten-
tion to issue a denial. Such notice shall
include a statement of reasons for the
proposed denial, and shall offer the ap-
plicant an opportunity to present,
within 30 days of receipt of the notice,
addit onal information or argument to
the Administrator. The Administrator
shall .make a final determination on
the request within 30 days after receiv-
ing any such additional information or
argument. If no additional Information
or argument is submitted by the appli-
cant the application shall be denied.
(b) If the Administrator proposes to
grant a variance request submitted
pursuant to § 142.41, he shall notify the
applicant of his decision in writing.
Such notice shall identify the variance,
the facility covered, and shall specify
the period of time for which the vari-
ance will be effective.
(1) For the type of variance specified
in § 142.40(a) such notice shall provide
that the variance will be terminated
when the system comes into compli-
ance with the applicable regulation,
and may be terminated upon a finding
by the Administrator that the system
has failed to comply with any require-
ments of a final schedule issued pursu-
ant to § 142.44.
(2) For the type of variance specified
in § 142.40(b) such notice shall provide
that the variance may be terminated
at any time upon a finding that the na-
ture of the raw water source is such
that the specified treatment technique
for which the variance was granted is
necessary to protect the health of per-
Sons or upon a finding that the public
water system has failed to comply with
monitoring and other requirements
prescribed by the Administrator as a
condition to the granting of the vari-
ance.
(c) For a variance specified in
§ 142.40(a)(1) the Administrator shall
propose a schedule for:
(1) ComplIance (including increments
of progress) by the public water system
with each contaminant level require-
ment covered by the variance; and,
(2) Implementation by the public
water system of such additional con-
trol measures as the Administrator
may require for each contaminant cov-
ered by the variance.
(d) The proposed schedule for compli-
ance shall specify dates by which steps
towards compliance are to be taken, in-
cluding at the minimum, where appli-
cable:
(1) Date by which arrangement for an
alternative raw water source or im-
provement of existing raw water source
will be completed.
(2) Date of initiation of the connec-
tion for the alternative raw water
-------
source or Improvement of the existing
raw water source.
(3) Date by which final compliance is
to be achieved.
(e) The proposed schedule may, if the
public water system has no aqcess to
an alternative raw water source, and
can effect or anticipate no adequate
Improvement of the existing raw water
source, specify an indefinite time pe-
riod for compliance until a new and ef-
fective treatment technology is devel-
oped at which time a new compliance
schedule shall be prescribed by the Ad-
ministrator.
(1) The proposed schedule for imple-
mentation of additional interim con-
trol measures during the period of vari-
ance shall specify interim treatment
techniques, methods and equipment,
and dates by which steps toward meet-
ing the additional interim control
measures are to be met.
(g) The schedule shall be prescribed
by the Administrator at the time of
granting of the variance, subsequent to
provision of opportunity for hearing
pursuant to § 142.44.
[ 41 FR 2918, Jan. 20, 1976, as amended at 52
FR 20615, June 2, 1987]
§ 142.44 Public hearings on variances
and schedules.
(a) Before a variance and schedule
proposed by the Administrator pursu-
ant to § 142.43 may take effect, the Ad-
rnlnlstrator shall provide notice and
opportunity for public hearing on the
variance and schedule. A notice given
pursuant to the preceding sentence
may cover the granting of more than
one variance and a hearing held pursu-
ant to such notice shall include each of
the variances covered by the notice.
(b) Public notice of an opportunity
for hearing on a variance and schedule
shall be circulated in a manner de-
signed to inform interested and poten-
tially interested persons of the pro-
posed variance and schedule, and shall
include at least the following:
(1) Posting of a notice in the prin-
cipal post office of each municipality
or area served by the public water sys-
tem, and publishing of a notice in a
newspaper or newspapers of general cir-
culation in the area served by the pub-
lic water system; and
(2) MailIng of a notice to the agency
of the State in which the system is lo-
cated which is responsible for the
State’s water supply program, and to
other appropriate State or local agen-
cies at the Administrator’s discretion.
(3) Such notice shall Include a sum-
mary of the proposed variance and
schedule and shall inform interested
persons that they may request-a public
hearing on the proposed variance and
schedule.
(C) Requests for hearing may be sub-
mitted by any interested person other
than a Federal agency. Frivolous or in-
substantial requests for hearing may
be denied by the Administrator. Re-
quests must be submitted to the Ad-
ministrator within 30 days after issu-
ance of the public notices provided for
in paragraph (b) of this section. Such
requests shall include the following in-
formation:
(1) The name, address and telephone
number of the Individual, organization
or other entity requesting a hearing;
(2) A brief statement of the interest
of the person making the request In the
proposed variance and schedule, and of
information that the requester intends
to submit at such hearing;
(3) The signature of the individual
making the request, or, if the request
is made on behalf of an organization or
other entity, the signature of a respon-
sible official of the organization or
other entity.
(d) The Administrator shall give no-
tice in the manner set forth in para-
graph (b) of this section of any hearing
to be held pursuant to a request sub-
mitted by an interested person or on
his own motion. Notice of the hearing
shall also be sent to the persons re-
questing the hearing, If any. Notice of
the hearing shall include a statement
of the purpose of the hearing, informa-
tion regarding the time and location
for the hearing, and the address and
telephone number of an office at which
interested persons may obtain further
information concerning the hearing. At
least one hearing location specified in
the public notice shall be within the in-
volved State. Notice of hearing shall be
given not less than 15 days prior to the
time scheduled for the hearing.
(e) A. hearing convened pursuant to
paragraph (d) of this section shall be
on I
2 4
-------
conducted before a hearing officer to be
designated by the Administrator. The
hearing shall be conducted by the hear-
ing officer in an informal, orderly and
expeditious manner. The hearing offi-
cer shall have authority to call wit-
nesses, receive oral and written testi-
mony and take such other action as
may be necessary to assure the fair and
efficient conduct of the hearing. Fol-
lowing the conclusion of the hearing,
the hearing officer shall forward the
record of the hearing to the Adminis-
trator.
(1) The variance and schedule shall
become effective 30 days after notice of
opportunity for hearing is given pursu-
ant to paragraph (b) of this section if
no timely request for hearing Is sub-
mitted and the Administrator does not
determine to hold a public hearing on
his own motion.
[ 41 FR 2918, Jan. 20, 1976, as amended at 52
FR 20675, June 2, 1987]
§ 142.45 Action after hearing.
Within 30 days after the termination
of the public hearing held pursuant to
§142.44, the Administrator shall, taking
into consideration information ob-
tained during such hearing and rel-
evant information, confirm, revise or
rescind the proposed variance and
schedule.
[ 52 FR 20675, June 2, 1987]
§ 142.46 Alternative treatment tech-
niques.
The Administrator may grant a vari-
ance from any treatment technique re-
quirement of a national primary drink-
ing water regulation to a supplier of
water, whether or not the public water
system for which the variance is re-
quested is located in a State which has
primary enforcement responsibility,
upon a showing from any person that
an alternative treatment technique not
included in such requirement is at
least as efficient in lowering the level
of the contaminant with respect to
which such requirements was pre-
scribed. ,A variance under this para-
graph shall be conditioned on the use
of the alternative treatment technique
which is tine basis of the variance.
Subpart F—Exemptions Issued by
the Administrator
§ 142.50 Requirements for an exemp-
tion.
The Administrator may exempt any
public water system within a State
that does not have primary enforce-
ment responsibility from any require-
ment respecting a maximum contami-
nant level or any treatment technique
requirement, or from both, of an appli-
cable national primary drinking water
regulation upon a finding that:
(a) Due to compelling factors (which
may include economic factors), the
public water system is unable to com-
ply with such contaminant level or
treatment technique requirement;
(b) The public water system was In
operation on the effective date of such
contaminant level or treatment tech-
nique requirement; and
(C) The granting of the exemption
will not result in an unreasonable risk
to health:
§ 142.51 Exemption request.
A supplier of water may request the
granting of an exemption pursuant to
this subpart for a public water system
within a State that does not have pri-
mary enforcement responsibility by
submitting a request for exemption in
writing to the Administrator. Suppli-
ers of water may submit a joint request
for exemptions when they seek similar
exemptions under similar cir-
cumstances. Any written request for an
exemption or exemptions shall include
the following information:
(a) The nature and duration of ex-
emption requested.
(b) Relevant analytical results of
water quality sampling of the system,
including results of relevant tests con-
ducted pursuant to the requirements of
the national primary drinking water
regulations.
(C) Explanation of the compelling
factors such as time or economic fac-
tors which prevent such system from
achieving compliance.
(d) Other information, if any, be-
lieved by the applicant to be pertinent
to the application.
Q ()
-------
(e) A proposed compliance schedule,
Including the date when each step to-
ward compliance will be achieved.
(1) Such other information as the Ad-
ministrator may require.
§ 142.52 Consideration of an exemption
request.
(a) The Administrator shall act on
any exemption request submitted pur-
suant to § 142.51 within 90 days of re-
ceipt of the request.
(b) In his consideration of whether
the public water system is unable to
comply due to compelling factors, the
Administrator shall consider such fac-
tors as the following:
(1) ConstructIon, installation, or
modificatiOn of the treatment equip-
ment or systems.
(2) The time needed to put into oper-
ation a new treatment facility to re-
place an existing system which is not
in compliance.
(3) Economic feasibility of compli-
ance.
§ 142.53 Disposition of an exemption
request.
(a) If the Administrator decides to
deny the application for an exemption,
he shall notify the applicant of his in-
tention to issue a denial. Such notice
shall include a statement of reasons for
the proposed denial, and shall offer the
applicant an opportunity to present,
within 30 days of receipt of the notice,
additional Information or argument to
the Administrator. The Administrator
shall make a final determination on
the request within 30 days after receiv-
ing any such additional information or
argument. If no additional information
or argument is submitted by the appli-
cant, the application shall be denied.
(b) If the Administrator grants an ex-
emption request submitted pursuant to
§ 142.51, he shall notify the applicant of
his decision in writing. Such notice
shall identify the facility covered, and
shall specify the termination date of
the exemption. Such notice shall pro-
vide that the exemption will be term!-
nated when the system comes into
compli .nce with the applicable regula-
tion, and may be terminated upon a
finding by the Administrator that the
system has failed to comply with any
requirements of a final schedule Issued
pursuant to § 142.55.
(c) The Administrator shall propose a
schedule for:
(1) ComplIance (including increments
of progress) by the public water system
with each contaminant level require-
ment and treatment technique require-
ment covered by the exemption; and
(2) ImplementatIon by the - public
water system of such control measures
as the Administrator may require for
each contaminant covered by the ex-
emption.
(d) The schedule shall be prescribed
by the Administrator at the time the
exemption is granted, subsequent to
provision of opportunity for hearing
pursuant to §142.54.
(41 FR 2918, Jan. 20, 1976, as amended at 52
FR 20675, June 2, 1987)
§ 142.54 Public hearings on exemption
schedules.
(a) Before a schedule proposed by the
Administrator pursuant to § 142.53 may
take effect, the Administrator shall
provide notice and opportunity for pub-
lic hearing on the schedule. A notice
given pursuant to the preceding sen-
tence may cover the proposal of more
than one such schedule and a hearing
held pursuant to such notice shall in-
clude each of the schedules covered by
the notice.
(b) Public notice of an opportunity
for hearing on an exemption schedule
shall be circulated in a manner de-
signed to inform interested and poten-
tially interested persons of the pro-
posed schedule, and shall Include at
least the following:
(1) Posting of a notice in the prin-
cipal post office of each municipality
or area served by the public water sys-
tem, and publishing of a notice In a
newspaper or newspapers of general cir-
culation in the area served by the pub-
lie water system.
(2) MailIng of a notice to the agency
of the State in which the system is lo-
cated which is responsible for the
State’s water supply program and to
other appropriate State or local agen-
cies at the Administrator’s discretion.
(3) Such notices shall include a sum-
mary of the proposed schedule and
shall inform interested persons that
-------
• I’ II. S %S — S —7’• C MISIJSI
they may request a public hearing on
the proposed schedule.
(C) Requests for hearing may be sub-
mitted by any interested person other
than a Federal agency. Frivolous or in-
substantial requests for hearing may
be denied by the Administrator. Re-
quests must be submitted to the Ad-
ministrator within 30 days after issu-
ance of the public notices provided for
in paragraph (b) of this section. Such
requests shall include the following in-
formation:
(1) The name, address and telephone
number of the individual, organization
or other entity requesting a hearing;
(2) A brief statement of the interest
of the person making the request in the
proposed schedule and of information
that the requesting person intends to
s ibmit at such hearing; and
(3) The signature of the individual
making the request, or, if the request
is made on behalf of an organization or
other entity, the signature of a
responsibile official of the organization
or other entity.
(d) The Administrator shall give no-
tice in the manner set forth in para-
graph (b) of this section of any hearing
to be held pursuant to a request sub-.
mitted by an interested person or on
his own motion. Notice of the hearing
shall also be sent to the person re-
questing the hearing, if any. Notice of
the hearing shall include a statement
of the purpose of the hearing, informa-
tion regarding the time and location of
the hearing, and the address and tele-
phone number of an office at which in-
terested persons may obtain further in-
formation concerning the hearing. At
least one hearing location specified In
the public notice shall be within the in-
volved State. Notice of the hearing
shall be given not less than 15 days
prior to the time scheduled for the
hearing.
(e) A hearing convened pursuant to
paragraph (d) of this section shall be
conducted before a hearing officer to be
designated by the Administrator. The
hearing shall be conducted by the hear-
ing officer in an informal, orderly and
expeditious manner. The hearing offi-
cer sh’a.ll have authority to call wit-
nesses, receive oral and written testi-
mony d take such action as may be
necessary to assure the fair and effi-
dent conduct of the hearing. Following
the conclusion of the hearing, the hear-
ing officer shall forward the record of
the hearing to the Administrator.
[ 41 FR 2918, Jan. 20, 1976, as amended at 52
FR 20675, June 2, 1987]
§ 142.55 Final schedule.
(a) Within 30 days after the termi-
nation of the public hearing pursuant
to §142.54, the Administrator shall,
taking into consideration information
obtained during such hearing, revise
the proposed schedule as necessary and
prescribe the final schedule for compli-
ance and interim measures for the pub-
lic water system granted an exemption
under § 142.52.
(b) Such schedule must require com-
pliance as follows:
(1) In the case of an exemption grant-
ed with respect to a contaminant level
or treatment technique requirement
prescribed by the national primary
drinking water regulations promul-
gated under section 1421(a) of the Safe
Drinking Water Act,’ not later than
June 19, 1987, and
(2) In the case of an exemption grant-
ed with respect to a contaminant level
or treatment technique requirement
prescribed by national primary drink-
ing water regulations, other than a
regulation referred to in section
1412(a), 12 months after the issuance of
the exemption.
(c) If the public water system has en-
tered into an enforceable agreement to
become a part of a regional public
water system, as determined by the
Administrator, such schedule shall re-
quire compliance by the public water
system with each contaminant level
and treatment technique requirement
prescribed by:
(1) Interim national primary drink-
ing water regulations pursuant to part
141 of this chapter, by no later than
January 1, 1983; and
(2) Revised national primary drink-
ing water regulations pursuant to part
141 of this chapter, by no later than
nine years after the effective date of
such regulations.
(41 FR 2918, Jan. 20, 1976, as amended at 52
FR 20675, June 2, 1987]
4 2L
-------
*
§ 142.66 ExtensIon of date for compli-
ance.
(a) The final date for compliance pro-
vided in any schedule in the case of any
exemption may be extended by the
State (in the case of a State which has
primary enforcement responsibility) or
by the Administrator (in any other
case) for a period not to exceed 3 years
after the date of the issuance of the ex-
emption if the public water system es-
tablishes that:
(1) The system cannot meet the
standard without capital improve-
ments which cannot be completed
within the period of such exemption;
(2) In the case of a system which
needs financial assistance for the nec-
essary improvements, the system has
entered into an agreement to obtain
such financial assistance; or
(3) The system has entered into an
enforceable agreement to become a
part of a regional public water system;
and the system is taking all prac-
ticable steps to meet the standard.
(b) In the case of a system which does
not serve more than 500 service connec-
tions and which needs financial assist-
ance for the necessary improvements,
an exemption granted under paragraph
(a) (1) or (2) may be renewed for one or
more additional 2-year periods if the
system establishes that it is taking all
practicable steps to meet the require-
ments of paragraph (a) of this section.
(52 FR. 20676, June 2, 1987]
§ 142.57 Bottled water, point-of-use,
and point-of-entry devices.
(a) A State may require a public
water system to use bottled water,
point-of-use devices, or point-of-entry
devices as a condition of granting an
exemption from the requirements of
fi141.61 (a) and (C), and § 141.62 of this
chapter.
(b) Public water systems using bot-
tled water as a condition of obtaining
an exemption from the requirements of
§ 141.6l (a) and (C) and § 141.62(b) must
meet the requirements in §142.62(g).
(C) Public water systems that use
point-of-use or point-of-entry devices
as a con jtjon for receiving an exemp-
tion must meet the requirements in
§ 141.62(h).
[ 56 FR 3596, Jan. 30. 1991. as amended at 56
FR 30280, July 1, 1991)
Subpart G—ldentification of Best
Technology, Treatment Tech-
niques or Other Means Gen-
erally Available
§ 142.60 Variances from the maximum
contaminant level for total
trihalomethanes.
(a) The Administrator, pursuant to
section 1415(a)(1)(A) of the Act, hereby
identifies the following as the best
technology, treatment techiques or
other means generally available for
achieving compliance with the maxi-
mum contaminant level for total
trihalomethanes ( 141.12(c)):
(1) Use of chloramines as an alternate
or supplemental disinfectant or oxi-
dant.
(2) Use of chlorine dioxide as an al-
teriiate or supplemental disinfectant or
oxidant.
(3) Improved existing clarification for
THM precursor reduction.
(4) Moving the point of chlorination
to reduce TTHM formation and, where
necessary, substituting for the use of
chlorine as a pre-oxidant chloramines,
chlorine dioxide or potassium per-
manganate.
(5) Use of powdered activated carbon
for THIvI precursor or TTHM reduction
seasonally or intermittently at dosages
not to exceed 10 mg/L on an annual av-
erage basis.
(b) The Administrator in a state that
does not have primary enforcement re-
sponsibility or a state with primary en-
forcement responsibility (primacy
state) that issues variances shall re-
quire a community water system to in-
stall andlor use any treatment method
identified in § 142.60(a) as a condition
for granting a variance unless the Ad-
ministrator or primacy state deter-
mines that such treatment method
identified in 142.60(a) is not available
and effective for TTHM control for the
system. A treatment method shall not
be considered to be “available and ef-
fective” for an individual system if the
treatment method would not be tech-
nically appropriate and technically
¶25
-------
result in a marginal reduction in
TTHM for the system. If, upon applica-
tion by a system for a variance, the
Administrator or primacy state that
issues variances determines that none
of the treatment methods identified in
§ 142.60(a) is available and effective for
the system, that system shall be enti-
tled to a variance under the provisions
of section 1415(a)(1)(A) of the Act. The
Administrator’s or primacy state’s de-
termination as to the availability and
effectiveness of such treatment meth-
ods shall be based upon studies by the
system and other relevant Information.
If a system submits information in-
tending to demonstrate that a treat-
ment method is not available and effec-
tive for TTHM control for that system,
the Administrator or primacy state
shall make a finding whether this in-
formation supports a decision that
such treatment method is not available
and effective for that system before re-
quiring installation and/or use of such
treatment method.
(C) Pursuant to § 142.43 (c) through (g)
or corresponding state regulations, the
Administrator or primacy state that
issues variances shall issue a schedule
of compliance that may require the
system being granted the variance to
examine the following treatment meth-
ods (1) to determine the probability
that any of these methods will_signifi-
cantly reduce the level of T ’I’IIM for
that system, and (2) if such probability
exists, to determine whether any of
these methods are technically feasible
and economically reasonable, and that
the TTHM reductions obtai ied will be
commensurate with the costs Incurred
with the installation and use of such
treatment methods for that system:
Introduction of off-line water storage for
THM precursor reduction.
Aeration for ‘fl:’HM reduction, where geo-
graphically and environmentally appro-
priate.
Introduction of clarification where not
currently practiced.
Consideration of alternative sources of raw
water.
Use of ozone as an alternate or supple-
mental disinfectant or oxidant.
(d) If the Administrator or primacy
state that issues variances determines
that a treatment method identified in
nomically reasonable and will achieve
TTHM reductions commensurate with
the costs incurred with the Installation
and/or use of such treatment method
for the system, the Administrator or
primacy state shall require the system
to install and/or use that treatment
method in connection with a compli-
ance schedule issued under the provi-
sions of section 1415(a)(1)(A) of the Act.
The Administrator’s or primacy state’s
determination shall be based upon
studies by the system and other rel-
evant information. In no event shall
the Administrator require a system to
install and/or use a treatment method
not described in § 142.60 (a) or (C) to ob-
tain or maintain a variance from the
TTIIM Rule or in connection with any
variance compliance schedule.
[ 48 FR 8414, Feb. 28, 1983]
§142.61 Variances from the maximum
contaminant level for fluoride.
(a) The Administrator, pursuant to
section 1415(a)(1)(A) of the Act, hereby
identifies the following as the best
technology, treatment techniques or
other means generally available for
achieving compliance with the Maxi-
mum Contaminant Level for fluoride.
(1) Activated alumina absorption,
centrally applied
(2) Reverse osmosis, centrally applied
(b) The Administrator in a state that
does not have primary enforcement re-
sponsibility or a state with primary en-
forcement responsibility (primacy
state) that issues variances shall re-
quire a community water system to in-
stall and/or use any treatment method
identified in § 142.61(a) as a condition
for granting a variance unless the Ad-
ministrator or the primacy state deter-
mines that such treatment method
identified in § 142.61(a) as a condition
for granting a variance is not available
and effective for fluoride control for
the system. A treatment method shall
not be considered to be “available and
effective” for an Individual system if
the treatment method would not be
technically appropriate and tech-
nically feasible for that system. If,
upon application by a system for a
variance, the Administrator or pri-
macy state that issues variances deter-
mines that none of the treatment
826
-------
methods Identified In § 142.61(a) are
available and effective for the system,
that system shall be entitled to a vari-
ance under the provisions of section
1415(a)(l)(A) of the Act. The Adminis-
trator’s or primacy state’s detsrmina-
tion as to the availability and effec-
tiveness of such treatment methods
shall be based upon studies by the sys-
tem and other relevant information. If
a system submits information to dem-
onstrate that a treatment method is
not available and effective for fluoride
control for that system, the Adminis-
trator or primacy state shall make a
finding whether this information sup-
ports a decision that such treatment
method is not available and effective
for that system before requiring instal-
lation and/or use of such treatment
method.
(C) Pursuant to § 142.43(c)—(g) or cor-
responding state regulations, the Ad-
ministrator or primacy state that is-
sues variances shall issue a schedule of
compliance that may require the sys-
tem being granted the variance to ex-
amine the following treatment meth-
ods (1) to determine the probability
that any of these methods will signifi-
cantly reduce the level of fluoride for
that system, and (2) If such probability
exists, to determine whether any of
these methods are technically feasible
and economically reasonable, and that
the fluoride reductions obtained will be
commensurate with the costs incurred
with the installation and use of such
treatment methods for that system:
(1) Modification of lime softening;
(2) Alum coagulation;
(3) Electrodialysis;
(4) AnIon exchange resins;
(5) Well field management;
(6) Alternate source;
(7) Regionalizatlon.
(d) If the Administrator or primary
state that Issues variances determines
that a treatment method identified in
§ 142.61(c) or other treatment method Is
technically feasible, economically rea-
sonable, and will achieve fluoride re-
ductions commensurate with the costs
incurred with the installation and/or
use of such treatment method for the
system, the Administrator or primacy
state shall require the system to in-
stall and/or use that treatment method
in connection with a compliance sched-
ule issued under the provisions of sec-
tion 1415(a)(1)(A) of the Act. The Ad-
ministrator’s or primacy state’s deter-
mination shall be based upon studies
by the system and other relevant infor-
mation.
(51 FR. 11411, Apr. 2. 1986]
§ 142.62 Variances and exemptions
from the maximum contaminant
levels for organic and inorganic
chemicals.
(a) The Administrator, pursuant to
section 1415(a)(1)(A) of the Act hereby
identifies the technologies listed in
paragraphs ( )(1) through (a)(54) of this
section as the best technology, treat-
ment techniques, or other means avail-
able for achieving compliance with the
maximum contaminant levels for or-
ganic chemicals listed in § 141.61 (a)
and (c):
Contaminant
.
Best avalable technotogies
PTA’
GAC2
OX
(1) Benzene .. -
(2) Carbon tetrachionde
(3) 1 .2-Dichloroethane ..
(4) TricHoroethylene ..._
(5) para-Dichlorobenzene
(6) 1 ,1-Dichloroethylene
(7) 1,1,1-Tiichloroethane
(8) Vinyl chloride
(9) css-1 ,2-D chToroethylene
(10) 1.2-Dichlorcpropane
(11)Ethytbenzene
(12) Monochlorobenzene
(13) o.Dichlorobenzene
(14) Styrene ..
(15) Tetrachloroethylene -
(16)ToIue e ..
(17) trans-i .2-Ductiloroethylene
(18) Xylense (total) —
(19) AlachIor
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
827
-------
besi ava liaDie tecnnoiogies
Contaminant
(20)Althcwb.
(21) Aldicaib sulfoxide.
(22) Aldicath sulfone
(23) Atrazlne
(24) Cathofuran .. ..
(25) Chlordane
(26) Dibromochloropropane
(27) 2.4-0 ..
(28) Ethylene dibromlde
(29) Heptachlor ..
(30) Heptachlor epoxide
(31)tJndane ..
(32) Methoxychlor .
(33)PCBs ...... ..
(34) Pentachlorophenol
(35) Toxaphene ...
(36)2 ,4.5-TP ....
(37) Benzo(a]pyrene ....
(38) Daiapon
(39) Dichloromethane
(40) Du(2-ethythexyl)adipate
(41) Di(2-ethythexyl)phthatate
(42) Dinoseb
(43) Diquat ..
(44) Endothatl ...._ . .. ...
(45) Endiln .:.. . . ....
(46) Glyphosate
(47) HexachioroL.
(48) Hexachloroi, .. . . edi
(49) Oxamyl (Vydate)
(50) Picloram ..
(51)Slma zme
(52) 1 .24-Tnctilorobenzene
(53) ii 2-Tnctiloroethane
( 54) 2,3,7,8-TCDD (Dioxin )
‘Packed Tower Aeration
2 Granular Activated Caibon
3 Oxidation (Chlorination or Ozonation)
(b) The Administrator, pursuant to
section 1415(a)(1)(A) of the Act, hereby
identifies the following as the best
technology, treatment techniques, or
other means available for achieving
compliance with the maximum con-
taminant levels for the Inorganic
chemicals listed in §141.62:
BAT FOR INORGANIC COMPOUNDS LISTED IN
§ 141.62(B)
Chemical name
BAT(s)
Antimony ...... .. .. -
2.7
Asbestos .... ....
2.3.8
5.6.7.9
1.2.5.6,7
2.5.6.7
2.5,6 2,7
5,7,10
21.4.61.71
5,6,7
5.7.9
5.
1.2 ‘.6.7.9
1,5
Banum - .. - ..
Beryllium ...... .. .. ..
Cadmium
•.. . .. -
Chromium
Cyanide ...
.. ..
Nickel - -
Nitnte
—
Nitrate
selenium . ..-- — —
Thallium
‘BAT onl If influent Hg concentrations lO Ig l.
2BAT for Chromium III only.
BAT for Selenium IV only.
Key to BATS in Table
1=Actlvated Alumina
2=Coagulatlon/Filtratlon (not BAT for sys-
tems <500 service connections)
3=Dlrect and Diatomite Filtration
4=Granular Activated Carbon
5=Ion Exchange
6=Llme Softening (not BAT for systems <500
service connections)
7=Reverse Osmosis
8=Corrosion Control
9=Electrodlalysis
10=Ch.lor lne
11=Ultraviolet
(C) A State shall require community
water systems and non-transient, non-
community water systems to install
and/or use any treatment method iden-
tified in §142.62 (a) and (b) as a condi-
tion for granting a variance except as
provided in paragraph (d) of this sec-
tion. If, after the system’s installation
of the treatment method, the system
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
828
-------
cannot meet the MCLI, that system
shall be eligible for a variance under
the provisions of section 1415(a)(1)(A) of
the Act.
(d) If a system can demonstrate
through comprehensive engineering as-
sessments, which may include pilot
plant studies, that the treament meth-
ods identified in § 142.62 (a) and (b)
would only achieve a de minimis reduc-
tion In contaminants, the State may
issue a schedule of compliance that r.e-
quires the system being granted the
variance to examine other treatment
methods as a oonditlon of obtaining
the variance.
(e) If the State determines that a
treatment method identified in para-
graph (d) of this section is technically
feasible, the Administrator or primacy
State may require the system to in-
stall and/or use that treatment method
In connection with a compliance sched-
ule issued under the provisions of sec-
tion 1415(a)(1)(A) of the Act. The
State’s determination shall be based
upon studies by the system and other
relevant information.
(I) The State may require a public
water system to use bottled water,
point-of-use devices, point-of-entry de-
vices or other means as a condition of
granting a variance or an exemption
from the requirements of § 141.61 (a)
and (C) and §141.62, to avoid an unrea-
sonable risk to health. The State may
require a public water system to use
bottled water and point-of-use devices
or other means, but not point-of-entr!j
devices, as a condition for granting an
exemption from corrosion control
treatment requirements for lead and
copper in § 141.81 and 141.82 to avoid an
unreasonable risk to health. The State
may require a public water system to
use point-of-entry devices as a condi-
tion for granting an exemption from
the source water and lead service line
replacement requirements for lead and
copper under 141.83 or 141.84 to avoid
an unreasonable risk to health.
(g) Public water systems that use
bottled water as a condition for receiv-
ing a variance or an exemption from
the requirements of § 141.61 (a) and (C)
and § 141.62, or an exemption from the
requirements of § 141.81—141.84 must
meet tfie requirements specified in ei-
ther paragraph (g)(1) or (g)(2) and para-
graph (g)(3) of this section:
(1) The Administrator or primacy
State must require and approve a mon-
Itoring program for bottled water. The
public water system must develop and
put in place a monitoring program that
provides reasonable assurances that
the bottled water meets all MCL5. The
public water system must moi iitor a
representative sample of the bottled
water for all contaminants regulated
under § 141.61 (a) and (C) and § 141.62 dur-
ing the first three-month period that It
supplies the bottled water to the pub-
lic, and annually thereafter. Results of
the monitoring program shall be pro-
vided to the State annually.
(2) The public water system must re-
ceive a certification from the bottled
water company that the bottled water
supplied has been taken from an “ap-
proved source” as defined in 21 CFR
129.3(a); the bottled water company has
conducted monitoring in accordance
with 21 CFR 129.80(g) (1) through (3);
and the bottled water does not exceed
any MCLs or quality limits as set out
in 21 CFR 103.35, part 110, and part 129.
The public water system shall provide
the certification to the State the first
quarter after it supplies bottled water
and annually thereafter. At the State’s
option a public water system may sat-
isfy the requirements of this sub-
section if an approved monitoring pro-
gram is already in place in another
State.
(3) The public water system is fully
responsible for the provision of suffi-
cient quantities of bottled water to
every person supplied by the public
water system via door-to-door bottled
water delivery.
(h) Public water systems that use
point-of-use or point-of-entry devices
as a condition for obtaining a variance
or an exemption from NPDWRS must
meet the following requirements:
(1) It is the responsibility of the pub-
lic water system to operate and main-
tain the point-of-use and/or point-of-
entry treatment system.
(2) Before point-of-use or point-of-
entry devices are installed, the public
water system must obtain the approval
of a monitoring plan which ensures
that the devices provide health protec-
ac)o
-------
§ 142.63
40 CFR Ch. I (7—1—94 EditIon)
tion equivalent to that provided by
central water treatment.
(3) The public water system must
apply effective technology under a
State-approved plan. The micro-
biological safety of the water must be
maintained at all times.
(4) The State must require adequate
certification of performance, field test-
ing, and, if not included in the certifi-
cation process, a rigorous engineering
design review of the point-of-use and/or
point-of-entry devices.
(5) The design and application of the
point-of-use and/or point-of-entry de-
vices must consider the potential for
increasing concentrations of hetero-
trophic bacteria in water treated with
activated carbon. It may be necessary
to use frequent backwashing, post-con-
tactor disinfection, and Heterotrophic
Plate Count monitoring to ensure that
the microbiological safety of the water
is not compromised.
(6) The State must be assured that
buildings connected to the system have
sufficient point-of-use or point-of-entry
devices that are properly installed,
maintained, and monitored such that.
all consumers will be protected.
(7) In requiring the use of a point-of-
entry device as a condition for grant-
Ing an exemption from the treatment
requirements for lead and copper under
§ 141.83 or § 141.84, the State must be as-
sured that use of the device will not
cause increased corrosion of lead and
copper bearing materials located be-
tween the device and the tap that could
increase contaminant levels at the tap.
[ 56 FR 3596, Jan. 30, 1991, as amended at 56
FR 26563. June 7, 1991; 57 FR 31848, July 17,
1992; 59 FR 33864, June 30. 1994; 59 FR 34325,
July 1, 1994]
§ 142.63 Variances and exemptions
from the mnximum contaminant
level for total coliforms.
(a) No variances or exemptions from
the maximum contaminant level in
§ 141.63 of this chapter are permitted.
(b) EPA has stayed the effective date
of this section relating to the total
coliform MCL of § 141.63(a) of this chap-
ter for’systems that demonstrate to
the State that the violation of the
total co),iform MCL is due to a persist-
ent growth of total coliforms in the
distribution system rather than fecal
or pathogenic contamination, a treat-
ment lapse or deficiency, or a problem
in the operation or maintenance of the
distribution system.
[ 54 FR 27568, June 29, 1989, as amended at 56
FR 1557, Jan. 15, 1991]
§ 142.64 Variances and exemptions
from the requirements of part 141,
subpart H—Filtration and Disinfec-
tion.
(a) No variances from the require-
ments in part 141, subpart H are per-
mitted.
(b) No exemptions from the require-
ments in § 141.72(a)(3) and (b)(2) to pro-
vide disinfection are permitted.
(54 FR 27540, June 29, 1989]
Subpart H—Treatment of Indian
Tribes as States
SouRcE: 53 FR 37411, Sept. 26, 1988, unless
otherwise noted.
§ 142.72 Requirements for treatment as
a State.
The Administrator is authorized to
treat an Indian Tribe as a State (for
purposes of making the Tribe eligible
to apply for a Public Water System
Program) if it meets the following cr1-
teria:
(a) The Indian Tribe is recognized by
the Secretary of the Interior.
(b) The Indian Tribe has a tribal gov-
erning body which is currently “carry-
ing out substantial governmental du-
ties and powers” over a defined area,
(i.e., is currently performing govern-
mental functions to promote the
health, safety, and welfare of the af-
fected population within a defined geo-
graphic area).
(C) The Indian Tribe demonstrates
that the functions to be performed in
regulating the public water systems
that the applicant Intends to regulate
are within the area of the Indian Tribal
government’s jurisdiction.
(d) The Indian Tribe is reasonably ex-
pected to be capable, in the Adminis-
trator’s judgment, of administering (in
a manner consistent with the terms
and purposes of the Act and all applica-
ble regulations) an effective Public
Water System program by the exist-
ence of management and technical
-------
Environmental Protection Agency
14 116
skills necessary to administer an effec-
tive Public Water System program or a
plan to acquire the additional manage-
ment andlor technical skills to admin-
ister an effective Public Water System
Program; by the existence of institu-
tions to exercise executive, legislative,
and judicial functions; by a history of
successful managerial performance of
public health or environmental pro-
grams; and by acceptable accounting
and procurement procedures.
§ 142.76 Request by an Indian Tribe
for a determination of treatment as
a State.
An Indian Tribe may apply to the Ad-
ministrator for a determination that it
qualifies for treatment as a State pur-
suant to section 1451 of the Act. The
application shall be concise and de-
scribe how the Indian Tribe will meet
each of the requirements of § 142.72. The
application shall consist of the follow-
ing information:
(a) A statement that the Tribe is rec-
ognized by the Secretary of the Inte-
rior.
(b) A descriptive statement dem-
onstrating that the Tribal governing
body is currently carrying out substan-
tial governmental duties and powers
over a defined area. The statement
shall:
(1) Describe the form of the Tribal
government;
(2) Describe the types of govern-
mental functions currently performed
by the Tribal governing body such as,
but not limited to, the exercise of po-
lice powers affecting (or relating to)
the health, safety, and welfare of the
affected population; taxation; and the
exercise of the power of eminent do-
main; and
(3) Identify the sources of the Tribal
government’s authority to carry out
the governmental functions currently
being performed.
(C) A map or legal description of the
area over which the Indian Tribe as-
serts jurisdiction; a statement by the
Tribal Attorney General (or equivalent
official) which describes the basis for
the Tribe’s jurisdictional assertion (in-
cluding the nature or subject matter of
the asserted jurisdiction); a copy of all
docume ns such as Tribal constitu-
tions, by-laws, charters, executive or-
ders, codes, ordinances, andior resol i-
tions which support the Tribe’s as-
serted jurisdiction; and a description of
the locations of the public water sys-
tems the Tribe proposes to regulate.
(d) A narrative statement describing
the capability of the Indian Tribe to
administer an effective Public Water
System program. The narrative state-
ment shall include:
(1) A description of the Indian Tribe’s
previous management experience in-
cluding, but not limited to, the admin-
Istration of programs and services au-
thorized by the Indian Self-Determina-
tion and Educat ion Assistance Act (25
U.S.C. 450 et seq.), the Indian Mineral
Development Act (25 U.S.C. 2101 et seq.),
or the Indian Sanitation Facilities
Construction Activity Act (42 U.S.C.
2004a).
(2) A list of existing environmental
or public health programs adminis-
tered by the Tribal governing body and
a copy of related Tribal laws, regula-
tions and policies.
(3) A description of the Indian Tribe’s
accounting and procurement systems.
(4) A description of the entity (or en-
tities) which exercise the executive,
legislative, and judicial functions of
the Tribal government.
(5) A description of the existing, or
proposed, agency of the Indlian Tribe
which will assume primary enforce-
ment responsibility, including a de-
scription of the relationship between
owners/operators of the public water
systems and the agency.
(6) A description of the technical and
administrative capabilities of the staff
to administer and manage an effective
Public Water System Program or a
plan which proposes how the Tribe will
acquire additional administrative andl
or technical expertise. The plan must
address how the Tribe will obtain the
funds to acquire the additional admin-
istrative and technical expertise.
(e) The Administrator may, in his
discretion, request further documenta-
tion necessary to support a Tribal re-
quest for treatment as a State.
(f) If the Administrator has pre-
viously determined that a Tribe has
met the requirement -for “treatment as
a State” for programs authorized under
the Safe Drinking Water or the Clean
Water Acts, then that Tribe may pro-
-------
vide only that Information unique to
the Public Water System program (i.e.,
§ 142.76(c) and 142.76(d)(6)).
§ 142.78 Procedure for processing an
Indian Tribe’s application for treat-
ment as a State.
(a) The Administrator shall process a
completed appllcatIon of an Indian
Tribe for treatment as a State submit-
ted pursuant to § 142.76 in a timely
manner. He shall promptly notify the
Indian Tribe of receipt of the applica-
tion.
(b) Within 30 days after receipt of the
Indian Tribe’s completed application
for treatment as a State, the Athninis-
trator shall notify the appropriate gov-
ernmental entities. Notice shall in-
clude Information on the substance of
and basis for the Tribe’s jurisdictional
assertions.
(c) Each governmental entity so noti-
f’ed by the Administrator shall have 30
days to comment upon the Tribe’s as-
sertion of jurisdiction. Comments by
governmental entities shall be limited
to the Tribe’s assertion of jurisdiction.
(d) If a Tribe’s asserted jurisdiction is
subject to a competing or conflicting
claim, the Administrator, aft•er con-
sultation with the Secretary of the De-
partment of the Interior, or his des-
ignee, and in consideration of other
comments received, shall determine
whether the Tribe has adequately dem-
onstrated the requisite jurisdiction for
primacy for the Public Water System
Program.
(e) If the Administrator determines
that a Tribe meets the requirements of
§ 142.72, the Indian Tribe is then eligible
to apply for development grants and
primary enforcement responsibility for
a Public Water System Program and
associated funding under section
1443(a) of the Act and for primary en-
forcement responsibility for public
water systems under section 1413 of the
Act.
Subpart I—Administrator’s Review
of State Decisions that Imple-
ment Criteria Under Which Fil-
tration Is Required
SOUReE: 54 FR 2’1540. June 29. 1989. unless
otherwise noted.
§ 142.80 Review procedures.
(aj The Administrator may Initiate a
comprehensive review of the decisions
made by States with primary enforce-
ment responsibility to determine, in
accordance with § 141.71 of this chapter,
if public water systems using surface
water sources must provide filtration
treatment. The Administrator shall
complete this review within one year of
its Initiation and shall schedule subse-
quent reviews as (s)he deems necessary.
(b) EPA shall publish notice of a pro-
posed review in the FEDERAL REGISTER.
Such notice must:
(1) Provide information regarding the
location of data and other information
pertaining to the review to be con-
ducted and other information including
new scientific matter bearing on the
application of the criteria for avoiding
filtration; and
(2) Advise the public of the oppor-
tunity to submit comments.
(c) Upon completion of any such re-
view, the Administrator shall notify
each State affected by the results of
the review and shall make the results
available to the public.
§142.81 Notice to the State.
(a) If the Administrator finds
through periodic review or other avail-
able information that a State (1) has
abused its discretion in applying the
criteria for avoiding filtration under
§141.71 of this chapter in determining
that a system does not have to provide
filtration treatment, or (2) has failed to
prescribe compliance schedules for
those systems which must provide fil-
tration in accordance with section
1412(b)(7)(C)(ii) of the Act, (s)he shall
notify the State of these findings. Such
notice shall:
(1) Identify each public water system
for which the Administrator finds the
State has abused its discretion:
(2) Specify the reasons for the find-
ing;
(3) As appropriate, propose that the
criteria of §141.71 of this chapter be ap-
plied properly to determine the need
for a public water system to provide
filtration treatment or propose a re-
vised schedule for compliance by the
public water system with the filtration
treatment requirements;
-------
(b) The Administrator shall also no-
tify the State that a public hearing is
to be held on the provisions of the no-
tice required by paragraph (a) of this
section. Such notice shall specify the
time and location of the hearing. If,
upon notification of a finding by the
Administrator that the State has
abused its discretion under §141.71 of
this chapter, the State takes corrective
action satisfactory to the Adminis-
trator, the Administrator may rescind
the notice to the State of a public
hearing.
(C) The Administrator shall publish
notice of the public hearing in the FED-
ERAL REGISTER and in a newspaper of
general circulation in the involved
State, including a summary of the find-
ings made pursuant to paragraph (a) of
this section, a statement of the time
and location for the hearing, and the
address and telephone number of an of-
fice at which interested persons may
obtain further Information concerning
the hearing.
(d) Hearings convened pursuant to
paragraphs (b) and (C) of this section
shall be conducted before a hearing of-
ficer to be designated by the Adminis-
trator. The hearing shall be conducted
by the hearing officer in an informal,
orderly, and expeditious manner. The
hearing officer shall have the authority
to call witnesses, receive oral and writ-
ten testimony, and take such other ac-
tion as may be necessary to ensure the
fair and efficient conduct of the hear-
ing. Following the conclusion of the
hearing, the hearing officer may make
a recommendation to the Adniinis-
trator based on the testimony pre-
sented at the hearing and shall forward
any such recommendation and the
record of the hearing to the Adminis-
trator.
(e) Within 180 days after the date no-
tice Is given pursuant to paragraph (b)
of this section, the Administrator
shall:
(1) Rescind the notice to the State of
a public hearing if the State takes cor-
rective action satisfactory to the Ad-
ministrator; or
(2) Rescind the finding for which the
notice vas given and promptly notify
the State of such rescission; or
(3) Uphold the finding for which the
notice s given. In this event, the Ad-
ministrator shall revoke the State’s
decision that filtration was not re-
quired or revoke the compliance sched-
ule approved by the State, and promul-
gate, as appropriate, with any appro-
priate modifications, a revised filtra-
tion decision or compliance schedule
and promptly notify the State of such
action.
(I) Revocation of a State’s filtration
decision or compliance schedule and/or
promulgation of a revised filtration de-
cision or compliance schedule shall
take effect 90 days after the State is
notified under paragraph (e)(3) of this
section.
Subpart i—Procedures for PWS
Administrative Compliance Orders
SOURCE: 56 FR 3755, Jan. 30. 1991. unless
otherwise noted.
§ 142.201 Purpose.
This part prescribes procedures for
notice and opportunity for public hear-
ings, conferences with primary States
and Issuance of administrative compli-
ance orders under section 1414(g) of the
Safe Drinking Water Act, 42 U.S.C.
300g—3(g).
§ 142.202 Definitions.
(a) The term Hearzng Officer means an
Environmental Protection Agency em-
ployee who has been delegated by the
Administrator the authority to preside
over a public hearing held pursuant to
section 1414(g)(2) of the Safe Drinking
Water Act, 42 U.S.C. 300g-.3(g)(2).
(b) The term party means any “per-
son” or “supplier of water” as defined
in section 1401 of the SDWA, 42 U.S.C.
300f, alleged to have violated any regu-
lation implementation section 1412 of
the SDWA, 42 U.S.C. 300g-1, any sched-
ule or other req iirement imposed pur-
suant to section 1415 or section 1416 of
the SDWA, 42 U.S.C. 300g-4 and 300g-5,
or section 1445 of the SDWA, 42 U.S.C.
300j—4, or any regulation implementing
section 1445.
§ 142.203 Proposed
compliance orders.
administrative
If the Administrator finds that a
party has violated a regulation, sched-
833
-------
• %. I I. I %S I I. 1SIflJ( 1/
ule, or other requirement of the SDWA
referenced In §142.202(b), the Açlminis-
trator may prepare a proposed adminis-
trative compliance order that would re-
quire the party to comply with the reg-
ulation, schedule, or other requirement
that Is alleged to have been violated.
Any such proposed administrative
order shall state with reasonable speci-
ficity the nature of the violation, and
may, If appropriate, specify a reason-
able time for compliance.
§ 142.204 Notice of proposed adminis-
trative compliance orders.
The Administrator shall simulta-
neously provide a copy of any proposed
administrative compliance order to:
(a) The party. The Administrator
shall provide a copy of a proposed com-
pliance order to the party personally or
by sending it to the party by certified
mail, return receipt requested. The Ad-
ministrator shall provide a copy of a
proposed administrative compliance
order to an appropriate person, such as
the affected location or facility man-
ager, or any other appropriate em-
ployee or agent of the party who in the
ordinary course of business is author-
ized to sign for certified mail on behalf
of the party. If the party is a federal
agency, State or State agency, or a
local unit of government, the Adminis-
trator shall provide a copy of a pro-
posed administrative order to its chief
executive officer, or its authorized
agent for receipt of certified mail. No-
tification of the party is complete upon
acceptance of personal service or when
the return receipt is signed. If personal
service is Ineffective and if certified
mail is refused or unclaimed, the Ad-
ministrator shall notify the party by
another appropriate means. In such
case, notification is complete upon the
execution of substituted service.
(b) The public. The Administrator
shall make publicly available each pro-
posed administrative compliance order
at th,e time of its proposal.
(c) The State. In the case of a State
with primary enforcement responsibil-
ity for public water systems pursuant
to se tion 1413(a) of the SDWA, 42
U.S.C. 300g—2(a), the Administrator
shall provide notice under this sub-
sectior? by sending a copy of each pro-
posed administrative compliance order
by certified mail, return receipt re-
quested to the appropriate State agen-
cy of the State Involved.
* 142.205 Opportunity for public hear-
ings; opportunity for State con-
ferences.
(a) The Administrator shall provide
the party, the public and the State an
opportunity for a public hearing on any
proposed administrative compliance
order by stating in a letter accompany-
ing each proposed administrative com-
pliance order (or its copy) that a public
hearing shall be convened if the party
or the State sends written notice of
such request ‘to the Administrator
within fourteen days of receipt of the
proposed administrative compliance
order noticed under §142.204, or If the
Administrator determines that within
fourteen days of the date of notice the
public has expressed a significant in-
terest in the convening of a public
hearing. Hearings will be held only for
the purposes specified in § 142.206(a). All
requests for hearings shall identify
which of the purposes specified in
§ 142.206(a) is the basis for the request.
The Administrator may extend the
time allowed for submitting requests
for good cause.
(b) In the case of a State with pri-
mary enforcement responsibility under
section 1413(a) of the SDWA, the Ad-
ministrator shall provide the State
with an opportunity to confer regard-
ing any proposed administrative com-
pliance order to a public water supplier
by stating In a letter accompanying
each mailing of the proppsed adminis-
trative compliance order sent to the
State that such a conference shall be
held between the State and the Admin-
istrator, if the State requests such a
conference within ten days of the dates
of receipt of proposed administrative
compliance order noticed under
§ 142.204.
(C) For purposes of this subsection,
receipt occurs at the time of personal
service or three days after the date of
mailing or other means of substituted
service, except that if receipt is pro-
vided by certified mail, return receipt
requested, notice occurs when the re-
turn receipt is signed. For the purpose
of computation of time, the day of the
-------
mailing, Saturdays, Sundays, and fed-
eral holidays are excluded.
§ 142.206 Conduct of public hearings.
(a) The purpose of the public hearing
shall be to determine whether a pro-
posed administrative order:
(1) Has correctly stated the extent
and nature of a party’s violation of any
regulation, schedule, or other require-
ment of the SDWA referenced in
§ 142.202(b) and
(2) Has provided, where appropriate, a
reasonable time for the party to com-
ply with applicable requirements of the
SDWA and its implementing regula-
tions..
(b) Prior to convening a public hear-
ing under this subsection, the Adminis-
trator shall appoint a Hearing Officer.
The Hearing Officer shall preside over
any public hearing convened under this
section. The Hearing Officer shall de-
termine the form and procedures of the
public hearing, and shall maintain
complete and accurate record of the
proceedings in written or other perma-
nent form. The Hearing Officer shall
provide the Administrator with the
record of any public hearing conducted
under this subsection.
(c) The party, any member of the
public, or the State may present Infor-
mation to the Hearing Officer at the
public hearing (or to the Administrator
in writing before the date set for the
public hearing) relevant to whether:
(1) The party has violated the appli-
cable regulation, schedule, or other re-
quirement referenced In the proposed
actmlnistratlve compliance order;
(2) The party has violated any other
applicable regulation, schedule, or
other requirement of the SDWA ref-
erenced In § 142.202(b); and
(3) The proposed order, where appro-
priate, provides a reasonable time for
the party to comply with applicable re-
quirements of the SDWA and Its imple-
menting regulations.
§ 142.207 Issuance, amendment or
withdrawal of administrative com-
pliance order.
(a) Based on the administrative
record, the Administrator shall either
issue the order as proposed, amend the
proposed order or withdraw the pro-
posed order.
(b) Any order Issued shall require the
party to comply with any applicable
regulation, schedule, or other require-
ment of the SDWA referenced In
§ 142.202(b) and may establish a time or
date for compliance which the Admin-
Istrator determines Is reasonable,
based on the administrative recàrd.
(C) The Administrator shall deter-
mine within a reasonable time whether
to issue, amend or withdraw the pro-
posed order and shall promptly notify
in writing the party, all members of
the public participating under
§ 142.206(c) and the State, in the case of
a State with primary enforcement au-
thority over public water systems pur-
suant to section 1413(a) of the SDWA,
or In the case of a State participating
under § 142.206(c).
§ 142.208 Administrative assessment of
civil penalty for violation of admin-
istrative compliance order.
In the event the Administrator de-
cides to seek a penalty under the au-
thority provided in section 1414(g)(3)(B)
of the SDWA, 42 U.S.C. 300g-3(g)(3)(B),
for violation of, or failure or refusal to
comply with, an order, the procedures
provided In 40 CFR part 22 shall govern
the assessment of such a penalty.
PART 143—NATIONAL SECONDARY
DRINKING WATER REGULATIONS
Sec.
143.1 Purpose.
143.2 Definitions.
143.3 Secondary maximum contaminant lev-
els.
143.4 Monitoring.
143.5 Compliance with secondary maximum
contaminant level and public notifica-
tion for fluoride.
Au ’moRrry: 42 U.S.C. 300f et seq.
SoURCE: 44 FR 42198, July 19. 1979, unless
otherwise noted.
§143.1 Purpose.
This part establishes National Sec-
ondary Drinking Water Regulations
pursuant to section 1412 of the Safe
Drinking Water Act, as amended (42
U.S.C. 300g-1). These regulations con-
trol contaminants in drinking water
-------
§ 143.2
4U I-R CM. I (7—1—94 Edtflon)
that primarily affect the aesthetic
qualities relating to the public accept-
ance of drinking water. At consider-
ably higher concentrations of these
contaminants, health Implications
may also exist as well as aesthetic deg-
radation. The regulations are not Fed-
erally enforceable but are intended as
guidelines for the States.
§ 143.2 Definitions.
(a) Act means the Safe Drinking
Water Act as amended (42 U.S.C. 300f et
seq.).
(b) Contaminant means any physical,
chemical, biological, or radiological
substance or matter in water.
(C) Public water system means a sys-
tem for the provision to the public of
piped water for human consumption, if
such a system has at least fifteen serv-
ice connections or regularly serves an
average of at least twenty-five individ-
uals daily at least 60 days out of the
year. Such term includes (1) any collec-
tion, treatment, storage, and distribu-
tion facilities under control of the op-
erator of such system and used pri-
marily in connection with such system,
and (2) any collection or pretreatment
storage facilities not under such con-
trol which are used primarily in con-
nection with such system. A public
water system is either a “community
water system” or a “non-community
water system.”
(d) State means the agency of the
State or Tribal government which has
jurisdiction over public water systems.
During any period when a State does
not have responsibility pursuant to
section 1443 of the Act, the term
“State” means the Regional Adminis-
trator, U.S. Environmental Protection
Agency.
(e) Supplier of water means any person
who owns or operates a public water
system.
(f) Secondary maximum contaminant
levels means SMCLs which apply to
public water systems and which, in the
judgement of the Administrator, are
requisite to protect the public welfare.
The SMCL means the maximum per-
missible level of a contaminant in
water which is delivered to the free
flowing, outlet of the ultimate user of
public water system. Contamimants
added to the water under cir-
cumstances controlled by the user, ex-
cept those resulting from corrosion of
piping and plumbing caused by water
quality, are excluded from this defini-
tion.
[ 44 FR 42198, July 19, 1979, as amended at 53
FR 37412, Sept. 26, 1988]
§ 143.3 Secondary maximum contami-
nant levels.
The secondary maximum contami-
nant levels for public water systems
are as follows:
Contamlnafli
Level
Aluminum
0.05 to 0.2 mg/i.
Chionde .. ..
Color
250 mgil.
15 color units.
1.0mg/i.
Non corrosive.
2.0 r ig / i.
0.5 mg/i.
.. ..
..
Corrosivity ..
Fluoride ... ..
Foaming agents ..
Iron .. .. - .....
0.3 mg/i.
Manganese ..
0.05 mg/I
Odor ........ ..
3 threshold odor number.
pH . . ..
Silver .. ..
Sulfate
6.5-8.5.
0.1 mg/I.
250 mg/I.
500 mg/I.
5mg / I.
.. .. ..
To aJ dissolved solids (TDS).
Zinc .. ..
These levels represent reasonable g als
for drinking water quality. The States
may establish higher or lower levels
which may be appropriate dependent
upon local conditions such as unavail-
ability of alternate source waters or
other compelling factors, provided that
public health and welfare are not ad-
versely affected.
[ 44 FR 42198, July 19, 1979, as amended at 51
FR 11412, Apr. 2, 1986; 56 FR 3597, Jan. 30.
1991]
§ 143.4 Monitoring.
(a) It is recommended that the pa-
rameters in these regulations should be
monitored at intervals no less frequent
than the monitoring performed for in-
organic chemical contaminants listed
In the National Interim Primary
Drinking Water Regulations as applica-
ble to community water systems. More
frequent monitoring would be appro-
priate for specific parameters such as
pH, color, odor or others under certain
circumstances as directed by the State.
(b) Analyses conducted to determine
compliance with § 143.3 should be made
in accordance with the following
methods:
-------
(1) Chioride—Potentiometrlc Method,
“Standard Methods for the Examina-
tion of Water and Wastewater,” 14th
Edition, p. 306.
(2) Color—Platinum-Cobalt Method,
“Methods for Chemical Analysis of
Water and Wastes,” p. 36-38, E?A, Of-
fice of Technology Transfer, Washing-
ton, DC, 20460, 1974, or “Standard Meth-
ods for the Examination of Water and
Wastewater,” 13th Edition, pp. 160—162,
14th EditIon, p. 64-66.
(3) Cooper—Atomic Absorption Meth-
od, “Methods for Chemical Analysis of
Water and Wastes,” pp. 108-109, EPA,
Office of Technology Transfer, Wash-
ington, DC 20460, 1974, or “Standard
Methods for the Examination of Water
and Wastewater,” 13th Edition, pp. 210-
215, 14th Edition, pp. 144—147; or Induc-
tively Coupled Plasma Method, “Induc-
tively Coupled Plasma—Atomic Emis-
sion Spectrometric Method for Trace
Element Analysis of Water and
Wastes—Method 200.7,” available from
EPA Environmental Monitoring and
Support Laboratory, Cincinnati, Ohio
45268.
(4) Foaming Agents—Methylene Blue
Method, “Methods for Chemical Analy-
sis of Water and Wastes,” pp. 157—158,
EPA, Office of Technology Transfer,
Washington, DC, 20460, 1974, or “Stand-
ard Methods for the Examination of
Water and Wastewater,” 13th Edition,
pp. 339-342, 14th Edition, p. 600.
(5) Iron—Atomic Absorption Method,
“Methods for Chemical Analysis of
Water and Wastes,” pp. 110-111, EPA,
Office of Technology Transfer, Wash-
ington, DC 20460, 1974, or “Standard
Methods for the Examination of Water
and Wastewater,” 13th Edition, pp. 210-
215, 14th Edition, pp. 144—147; or Induc-
tively Coupled Plasma Method, “Induc-
tively Coupled Plasma—Atomiè Emis-
sion Spectrometric Method for Trace
Element Analysis of Water and
Wastes—Method 200.7,” available from
EPA Environmental Monitoring and
Support Laboratory, Cincinnati, Ohio
45268.
(6) Manganese—Atomic Absorption
Method, “Methods for Chemical Analy-
sis of Water and Wastes,” pp. 116—117,
EPA,’ Office of Technology Transfer,
Washington, DC 20460, 1974, or “Stand-
ard Methods for the Examination of
Water and Wastewater,” 13th Edition,
pp. 210—215, 14th Edition, pp. 144—147; or
Inductively Coupled Plasma Method,
“Inductively Coupled Plasma—Atomic
Emission Spectrometric Method for
Trace Element Analysis of Water and
Wastes—Method 200.7” available from
EPA Environmental Monitoring and
Support Laboratory, Cincinnati, Ohio
45268.
(7) Odor—Consistent Series -Method,
“Methods for Chemical Analysis of
Water and Wastes,” pp. 287-294, EPA,
Office of Technology Transfer, Wash-
ington, DC, 20460, 1974, or “Standard
Methods for the Examination of Water
and Wastewater,” 13th Edition, pp. 248-
254, 14th Edition, p. 76-82.
(8) pH—Glass Electrode Method,
“Methods for Chemical Analysis of
Water and Wastes,” pp. 239-240, EPA,
Office of Technology Transfer, Wash-
ington, DC, 20460, 1974, or “Standard
Methods for the Examination of Water
and Wastewater,” 13th Edition, pp. 276-
281, 14th Edition, pp. 460-465.
(9) Sulfate—Turbidimetrlc Method,
“Methods for Chemical Analysis of
Water and Wastes,” pp. 277—278, EPA,
Office of’ Technology Transfer, Wash-
ington, DC, 20460, 1974, or “Standard
Methods for the Examination of Water
and Wastewater,” 13th Edition, pp. 334—
335, 14th Edition, p. 496-498.
(10) Total Dissolved Solids-Total
Residue Methods, “Methods for Chemi-
cal Analysis of Water and Wastes,” pp.
270—271, EPA, Office of Technology
Transfer, Washington, DC, 20460, 1974,
or “Standard Methods for the Exam-
ination of Water and Wastewater,” 13th
Edition, pp. 288—290, 14th Edition, p. 91—
92.
(11) Zinc—Atomic Absorption Meth-
od, “Methods for Chemical Analysis of
Water and Wastes,” pp. 155-156, EPA,
Office of Technology Transfer, Wash-
ington, DC 20460, 1974, or “Standard
Methods for the Examination of Water
and Wastewater,” 13th Edition, pp. 210-
215, 14th Edition, pp. 144—147; or Induc-
tively Coupled Plasma Method, “Induc-
tively Coupled Plasma—Atomic Emis-
sion Spectrometric Method for Trace
Element Analysis of Water and
Wastes—Method 200.7,” available from
EPA Environmental Monitoring and
Support Laboratory, Cincinnati, Ohio
45268.
c 7
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§ 143.5
40 CFR Ch. I (7—1—94 EdItion)
(12) Aluminum—Method’ 202.1 Atom-
IC Absorption Technique-Direct Aspira-
tion; or Method 2 306A; or Method 3 I—
3051—85, or Method’ 202.2 AtomIc Ab-
sorption-Graphite Furnace Technique;
or Method 2 304; or Method 4 200.7 Induc-
tIvely-Coupled Plasma Technique; or
Method 5 200.8 Inductively Coupled
Plasma-Mass Spectrometry or Method 6
200.9 Platform Technique; or Method 7
3120B Inductively-Coupled Plasma
Technique.
(13) 1 272.1 Atomic Ab-
sorption Technique-Direct A8piration;
or Method2 324A; or Method 3 1—3720-85;
or Method’ 272.2 Atomic Absorption-
Graphite Furnace Technique; or Meth-
od 2 304; or Method 4 200.7 InductIvely-
Coupled Plasma-Technique; or Method 5
1 ”Methods of Chemical Analysis of Water
and Wastes.” EPA, Environmental Monitor-
ing and Systems Laboratory. Cincinnati, OH
45268, EPA 600/4-79-020. March. 1983. Avail-
able from ORD Publication, CERI, EPA, Cin-
cinnati, OH 45268.
211 Standard Methods for the Examination
of Water and Wastewater,” 16th Ed., Amer-
ican Public Health Association. American
Waterworks Association, Water Pollution
Control Federation, 1985.
3 ”Methods for the Determination of Inor-
ganic Substances in Water and Fluvial Sedi-
ments,” Techniques of Water-Resources In-
vestigations of the United States Geological
Survey Books, Chapter A1 1985. Available
from Open File Services Section, Western
Distribution Branch, U.S. Geological Survey,
Denver Federal Center, Denver, Co 80255.
4 ”Determlnatjon of Metals and Trace Ele-
ments by Inductively Coupled Plasma-Atom-
ic Emission Spectrometry,” Method 200.7,
version 3.2, August, 1990. EPA Environmental
Monitoring and Systems Laboratory, Cin-
cinnati, OH 45268.
5 ”Determinatjon of and Trace Elements in
Water and Wastes by Inductively Coupled
Plasma-Mass Spectrometry,” Method 200.8.
version 4.3. August, 1990, EPA, Environ-
mental -Monitoring and Systems Laboratory,
Cincinnati, OH 45268. Available from ORD
Publication, CERI, EPA, Cincinnati, OH
45268.
61 ’Determinatlon of Metals and Trace Ele-
ments by Stabilized Temperature Graphite
Furnace Atomic Absorption Spectrometry,”
Method 200.9, version 1.1, August. 1990, EPA.
Environmental Monitoring and Systems
Laboratory, Cincinnati, OH 45268.
7 ”Stanclard Methods for the Examination
of Water and Wastewater.” 16th ed., Amer-
ican Pubflc Health Association, American
Waterworks Association, Water Pollution
Control Federation, 1985.
200.8 Inductively-Coupled Plasma-Mass
Spectrometry; or Method6 200.9 Plat-
form Technique; or Method’ 3120B In-
ductively-Coupled Plasma-Technique.
(44 FR. 42198, July 19, 1979, as amended at 53
FR 5147, Feb. 19, 1988; 56 FR 30281, July 1,
1991)
§ 143.5 Compliance with secondary
maximum COntaminant level and
public notification for fluoride.
(a) Community water systems, as de-
fined In 40 CFR 141.2(e)(I) of this title,
that exceed the secondary maximum
contaminant level for fluoride as deter-
mined by the last single sample taken
in accordance with the requirements of
§141.23 of this title or any equivalent
state law, but do not exceed the maxi-
‘mum contaminant level for flouride as
specified by §141.62 of thid title or any
equivalent state law, shall provlvde the
notice described in paragraph (b) of all
billing units annually, all new billing
units at the time service begins, and
the state public health officer.
(b) The notice required by paragraph
(a) shall contain the following lan-
guage including the language necessary
to replace the superscripts:
PuBuc NOTICE
Dear User,
The U.S. Environmental Protection Agen-
cy requires that we send you this notice on
the level of fluoride in your drinking water.
The drinking water in your community has a
fluoride concentration of 1 milligrams per
liter (mg/l).
Federal regulations require that fluoride,
which occurs naturally in your water supply,
not exceed a concentration of 4.0 mgIl in
drinking water. This is an enforceable stand-
ard called a Maximum Contaminant Level
(MCL), and it has been established to protect
the public health. Exposure to drinking
water levels above 4.0 mgI! for many years
may result in some cases of crippling skele-
tal fluorosis, which is a serious bone dis-
order.
Federal law also requires that we notify
you when monitoring indicates that the fluo-
ride in your drinking water exceeds 2.0 mg/i.
This is intended to alert families about den-
tal problems that might -affect children
under nine years of age. The fluoride con-
centration of your water exceeds this federal
guideline.
Fluoride in children’s drinking water at
levels of approximately 1 mg/I reduces the
number of dental cavities. However, some
children exposed to levels of fluoride greater
than about 2.0 mg/I may develop dental fluo- 3 3 ’
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Environmentat Protection Agency
§143.5
rosis. Dental fluorosis, In Its moderate and
severe forms, is a brown staining and/or pit.-
ting of the permanent teeth.
Because dental fluorosis occurs only when
developing teeth (before they erupt from the
gums) are exposed to elevated fluoride levels.
households without children are not ex-
pected to be affected by this level of fluoride.
Families with children under the age of nine
are encouraged to seek other sources of
thinking water for their children to avoid
the posalbility of staining and pitting.
Your water supplier can lower the con-
centration of fluoride In your water so that
you will still receive the benefits of cavity
prevention while the possibility of stained
and pitted teeth Is minimized. Removal of
fluoride may increase your water costs.
Treatment systems are also commercially
available for home use. Information on such
systems is available at the address given
below. Low fluoride bottled drinking water
that would meet all standards is also com-
mercially available.
For further information, contact 2 at your
water system.
‘PWS shall Insert the compliance result
which triggered notification under this part.
2PWS shall Insert the name, address, and
telephone number of a contact person at the
PwS.
(C) The effective date of this section
is May 2, 1986.
(51 FR. 11412, Apr. 2, 1986; 51 FR. 24329, July 3,
1986. as amended at 52 FR 41550, Oct. 28. 1987]
PART 144—UNDERGROUND
INJECTION CONTROL PROGRAM
Subpart A—General Provisions
Sec.
144.1 Purpose and scope of part 144.
144.2 Promulgation of Class U programs for
Indian lands.
144.3 DefinItions.
144.4 ConsideratIons under Federal law.
144.5 ConfidentIality of information.
144.6 ClassificatIon of wells.
144.7 IdentIfication of underground sources
of drinking water and exempted aquifers.
144.8 Noncompliance and program reporting
by the Director.
Subpart B—General Program Require-
ments
144.11 Prohibition of unauthorized injec-
tion.
144.12 Prohibition of movement of fluid into
underground sources of drinking water.
144.13 Th’ohibition of Class IV wells.
144.14 RequIrements for wells injecting has-
ardous waste.
144.16 Waiver of requirement by Director.
144.17 Records.
Subpart C—Authorization of Under-
ground Injection by Rule
144.21 ExistIng Class I, II (except enhanced
recovery and hydrocarbon storage) and
III wells. -
144.22 Existing Class U enhanced recovery
and hydrocarbon storage WC11B.
Class IV wells.
Class V wells.
Requiring a permit.
Inventory requirements.
Requiring other information.
Requirements for Class I, U. and HI
wells authorized by rule.
Subpart D—Authorization by Permit
144.31 Application for a permit; authoriza-
tion by permit.
144.32 SignatorIes to permit applications
and reports.
144.33 Area permits.
144.34 Emergency permits.
144.35 Effect of a permit.
144.36 Duration of permits.
144.37 Continuation of expiring permits.
144.38 Transfer of permits.
144.39 ModifIcation or revocation and
reissuance of permIts.
144.40 TermInation of permits.
144.41 Minor modifications of permits.
Subpart E—Perrnit Conditions
144.51 Conditions applicable to all permits.
144.52 EstablishIng permit conditions.
144.53 Schedule of compliance.
144.54 Requirements for recording and re-
porting of monitoring results.
144.55 Corrective action.
Responsibility:
Waste Injection
144.60 Applicability.
144.61 Definitions of terms as used in this
subpart.
144.62 Cost estimate for plugging and aban-
donment.
144.63 Financial assurance for plugging and
abandonment.
144.64 IncapacIty of owners or operators,
guarantors, or financial Institutions.
144.65 Use of State-required mechanisms.
144.66 State assumption of responsibility.
144.70 Wording of the Instruments.
Au ’rI-IoFUTY: Safe Drinking Water Act, 42
U.S.C. 300f et seq; Resource Conservation and
Recovery Act, 42 U.S.C. 6901 et seq.
SOuI%CE: 48 FR 14189, Apr. 1, 1983, unless
144.23
144.24
144.25
144.26
144.27
144.28
Subpart F—Financial
Class I Hazardous
Wells
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