•;A
United States
Environmental
Protection Agency
Implementation Guidance
for Radionuclides
Appendices A - J
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Office of Ground Water and
Drinking Water (4606 M)
EPA 816-F-00-002
www.epa.gov/safewater
March 2002
Printed on Recycled Paper
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Disclaimer
This document provides guidance to State Directors, Tribes, and U.S.
Environmental Protection Agency (EPA) Regions and States exercising
primary enforcement responsibility under the Safe Drinking Water Act
(SDWA).
SDWA provisions and EPA regulations described in this document
contain legally binding requirements. This document does not substitute
for those provisions or regulations, nor is it a regulation itself. Thus, it
does not impose legally binding requirements on EPA, States, or the
regulated community, and may not apply to a particular situation based
upon the circumstances. EPA and State decision makers retain the
discretion to adopt approaches on a case-by-case basis that differ from
this guidance where appropriate. Any decisions regarding a particular
facility will be made based on the applicable statutes and regulations.
Therefore, interested parties are free to raise questions and objections
about the appropriateness of the application of this guidance to a
particular situation, and EPA will consider whether or not the
recommendations or interpretations in the guidance are appropriate in
that situation. EPA may change this guidance in the future.
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Table of Contents
Appendix A Monitoring Scenario Figures Appendix A-l
Appendix B Violation Tables for Data Management and Enforcement Purposes Appendix B-l
Appendix C Sample Extension Agreement Appendix C-l
Appendix D Primacy Revision Crosswalks Appendix D-l
Appendix E SDWIS/FED DTP Reporting Requirements Guidance Appendix E-l
Appendix F Statement of Principles— Guidance on Audit Law Issues Appendix F-l
Appendix G Rule Presentations Appendix G-l
Appendix H Rule Language Appendix H-l
Appendix I Comparison of Derived Values of Beta and Photon Emitters Appendix 1-1
Appendix J References Appendix J-l
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Appendix A
Monitoring Scenario
Figures
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Appendix A-2
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Initial Monitoring Scenario for New
System or Sources, or Existing
Systems Without Data That Can Be
Grandfathered
Appendix A-3
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Initial Monitoring Scenario for New System or Sources, or Existing Systems Without
Data That Can Be Grandfathered
Begin collecting 4 consecutive quarterly samples for Ra-
226, Ra-228, and gross alpha1 concurrently
Collect 1st quarterly sample and review results. Did
you detect gross alpha, Ra-226, or Ra-228?2
Collect 2nd quarterly sample and review results. Did
you detect gross alpha, Ra-226, or Ra-228?
Did gross alpha exceed 15 pCi/L1;
State may waive final two quarterly
samples. Otherwise, continue
collecting 4 consecutive quarterly
samples for gross alpha, Ra-226,
and Ra-228
Continue collecting 4 consecutive
quarterly samples for gross alpha,
Ra-226, and Ra-228
Continue collecting 4 consecutive
quarterly samples for gross alpha,
Ra-226, and Ra-228 ; Collect 4
consecutive quarterly samples for
uranium
The analytical results from these samples can be used to direct the system into the decision path for repeat monitoring, outlined in Figure 2, paths I through IV.
1 Note that systems may also choose to monitor for gross alpha and uranium separately.
2 If gross alpha results are less than 5 pCi/L, then gross alpha may be substituted for Ra-226 (40 CFR 141.26(a)(5)). However, EPA is recommending only
substituting gross alpha for Ra-226 when the gross alpha is less than non-detect. See Section I.C.4.e for more information.
Appendix A-4
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Initial and Reduced Monitoring Requirements for Gross Alpha, Radium 228,
Combined Radium 226/228, and Uranium
Initial Monitoring will include sampling concurrently for
gross alpha, radium 226, radium 228. Some systems may
also sample for uranium. Dependent on the results, the
system would follow Path I through IV.
4 consecutive quarterly
samples for gross alpha,
or grandfathered data
Gross Alpha
Average < ND4
4 quarterly samples for
radium-226/228, or
grandfathered data
ND < Gross Alpha
Average < 7.5 pCi/L4
Reduced Monitoring
Average Ra
5
1
Radium
226/228
MCL violation
1
1 sample every
9 years for
gross alpha
Quarterly
samples for
226/228
1 sample every
9 years for
uranium
7.5pCi/L30pCi/L
Go to following pages for
continuation of flow chart
(III-IV)
4 quarterly samples for
radium-226/228, or
grandfathered data
Reduced Monitoring
Average Ra <
ND
ND < Average
Ra<2.5
1 sample every
6 years for
gross alpha
1 sample every
9 years for
226/228
1 sample every
6 years for
uranium*
2.5 < Average
Ra<5
1 sample every
6 years for
gross alpha
1 sample every
6 years for
226/228
1 sample every
6 years for
uranium*
1 sample every
6 years for
gross alpha
1 sample every
3 years for
226/228
1 sample every
6 years for
uranium*
Average Ra > 5
1
Radium
226/228
MCL violation
1
1 sample every
6 years for
gross alpha
Quarterly
samples for
226/228
1 sample every
6 years for
uranium*
* Assumes system does not collect quarterly samples for uranium to determine the actual concentration of uranium. Sampling points that exceed 15 pCi/L for gross alpha must collect
samples for uranium to determine compliance with the gross alpha and uranium MCLs.
*Gross alpha may be substituted for Ra-226 if the result does not exceed 5 pCi/L. However, EPA is recommending only substituting gross alpha for Ra-226 when the gross alpha is less than
non-detect. See Section I.C.4.e for more information.
Appendix A-5
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cont.: Initial and Reduced Monitoring Requirements for Gross Alpha, Radium 228,
Combined Radium 226/228, and Uranium
ND>to< 7.5pCi/L
Go to previous page for
continuation of flow chart
(HI)
4 consecutive quarterly
samples for gross alpha,
or grandfathered data
4 quarterly samples for
radium-226/228, or
grandfathered data
Reduced Monitoring
Average Ra < ND
1 sample every
3 years for
gross alpha
1 sample every
9 years for
226/228
1 sample every
6 years for
uranium*
ND < Average Ra
<2.5
1 sample every
3 years for
gross alpha
1 sample every
6 years for
226/228
1 sample every
6 years for
uranium*
2.5 < Average Ra
<5
1 sample every
3 years for
gross alpha
1 sample every
3 years for
226/228
1 sample every
6 years for
uranium*
Average Ra > 5
1
Radium
226/228
MCL violation
1
1 sample every
3 years for
gross alpha
Quarterly
samples for
226/228
1 sample every
6 years for
uranium*
Average Gross Alpha < 15pCi/L
> 15pCi/L
Go to following page for
continuation of flow chart
(IV)
* Assumes system does not collect quarterly samples for uranium to determine the actual concentration of uranium. Sampling points that exceed 15 pCi/L for gross alpha must collect
samples for uranium to determine compliance with the gross alpha and uranium MCLs.
Appendix A-6
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cont.: Initial and Reduced Monitoring Requirements for Gross Alpha, Radium 228,
Combined Radium 226/228, and Uranium
< 15 pCi/L
Go to previous pages for
continuation of flow chart
(I-III)
4 consecutive quarterly
samples for gross alpha,
or grandfathered data
Average Gross Alpha > 15pCi/L
4 Quarterly samples
for uranium
Is total uranium > 30 ug/L
4 quarterly samples for Ra-226/228
Is gross alpha
minus uranium
> 15 pCi/L
NO
Go to Boxes I, II, III
YES ^
NO
f
Go to
Boxes I, II, III
^
TT
^
3L violation
r
Is gross alpha
minus uranium > 15 pCi/L
YES
^
Gross alpha MCL violation
1
4 quarterly samples
for radium 226/228
^"'""""---•^^^ EXCEPT: monitor
-^ for uranium as
follows:
W)
s
S
s
,Q
,2
1
T3
e=^
^
^^
Average U
5
Radium
226/228
MCL violation
Quarterly
samples for
gross alpha
Quarterly
samples for
226/228
Quarterly
samples for
uranium
* Sampling points that exceed 15 pCi/L for gross alpha must collect samples for uranium to determine compliance with the gross alpha and uranium MCLs.
Appendix A-7
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Gross Beta Monitoring Scenario
Appendix A-8
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Gross Beta Monitoring Requirements
System targeted as vulnerable
or using a radioactive
contaminated source
NO
No monitoring required
Collect quarterly
gross B samples3
NO
Is system known to be using
a contaminated source
YES
W
Collect quarterly gross B3
and iodine-1311
Collect annual tritium and
strontium-90 sample3
Is quarterly B average
> 50 pCi/L
YES
Speciate same sample for
major radioactive constituents
MCL compliance based on
sum of fractions of speciated
radioactive compounds
Is there an MCL violation
YES
Conduct monthly monitoring
for all species2
NO
State may allow system
to reduce sampling to 1
sample every 3 years
NO
Continue quarterly B
monitoring and annual
tritium/strontium
monitoring
Collect annual tritium
and strontium-90 sample3
Is quarterly B average
> 15 pCi/L
YES
Speciate same sample for
major radioactive constituents
MCL compliance based on
sum of fractions of speciated
radioactive compounds
Is there an fv
1
.
rYES
Conduct monthly monitoring
for all species2
1
r
Is tritium, iodine, and/or
strontium > MCL
NO
YES
Tritium, iodine,
and/or strontium
MCL violation
Conduct monthly
monitoring for
tritium, iodine
and/or strontium
State may allow system
to reduce sampling to 1
sample every 3 years
Continue quarterly B and
iodine-131 monitoring and
annual tritium/strontium
monitoring
'A composite of five consecutive daily samples for iodine-131 must be analyzed each quarter. 40 CFR 141.26(b)(2)(ii).
2 Typically, a State will require a system to speciate the sample for the most likely emitters associated with the nearby source.
3 For the quarterly monitoring requirements for gross beta particle activity, samples must be collected monthly and analyzed or composited and analyzed. For the annual
monitoring requirements for tritium and strontium-90, samples must be collected quarterly and analyzed or composited and analyzed.
Appendix A-9
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Appendix A-10
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Appendix B
Violation Tables for Data
Management and
Enforcement Purposes
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Appendix B-2
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VIOLATION TABLES FOR DATA MANAGEMENT AND ENFORCEMENT PURPOSES
For information on violation tables for data management and enforcement purposes, please contact:
Kate Anderson
Associate Division Director
Office of Regulatory Enforcement
Water Enforcement Division
(202) 564-4016
e-mail: anderson.kate@epamail.gov
Appendix B-3
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Appendix B-4
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Appendix C
Sample Extension
Agreement
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Appendix C-2
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Under 40 CFR 142.12, States must adopt the requirements of the Radionuclides Rule
within 2 years of the new Rule's publication or by December 8, 2002.
An extension agreement will be necessary only when States have not submitted a
complete and final primacy revision application package by December 8, 2002. For
further detail, please refer to Section III-B.
A sample extension agreement is presented on the following pages.
Appendix C-3
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EXTENSION AGREEMENT
On December 7, 2000, the U.S. Environmental Protection Agency (EPA) published the final
Radionuclides Rule. This Rule amends the National Primary Drinking Water Regulations, 40 CFR Part
141, and the regulations for implementation of the National Primary Drinking Water Regulations, 40 CFR
Part 142. Provisions of the Rule take effect on December 8, 2003.
The April 28, 1998, revisions to the Primacy Rule extend the time allowed for States and Tribes to adopt
new Federal regulations from 18 months to 2 years. Therefore, the State or Tribe must adopt regulations
pertaining to the Radionuclides Rule and submit a complete and final primacy revision application by
December 8, 2002, unless it requests an extension of up to 2 years to adopt the new or revised
regulations.
Until the State/Tribal Primacy Revision Application has been submitted, the State or Tribe and appropriate
EPA Regional office will share responsibility for implementing the primary program elements as indicated
in the extension agreement. The State or Tribe and the EPA Regional office should discuss these
elements and address terms of responsibility in the agreement. The State, Tribe, and EPA should be
viewed as partners in this effort, working toward two very specific public health-related goals. The first
goal is to achieve a high level of compliance with the regulation. The second goal is to facilitate successful
implementation of the regulation during the transition period before the State or Tribe has interim primacy
for the Rule. In order to accomplish these goals, education, training, and technical assistance will need to
be provided to water suppliers on their responsibilities under the Radionuclides Rule.
This document will record the terms of a Primacy Extension Agreement between the State or Tribe and
EPA for the Radionuclides Rule and shall remain effective from the date this agreement is signed until
either December 8, 2002, or the date the State's or Tribe's primacy application is submitted under 40 CFR
142.12. To retain primacy the State or Tribe must submit a final and approvable Primacy Revision
Application incorporating the above-referenced provisions of the Federal Register to EPA by December
8, 2002, or no later than December 8, 2004, if the State or Tribe has been granted an extension.
Appendix C-4
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{Regional Administrator}
Regional Administrator
U.S. EPA Region {Region}
{Street Address}
RE: Request/approval for an Extension Agreement
Dear {Regional Administrator} :
The State of {State} / {Tribe} Tribe is requesting an extension to the date that final primacy
revisions are due to EPA for the Radionuclides Rule until {insert date - no later than December 8.
2004}, as allowed by 40 CFR 142.12 and would appreciate your approval. Staff of the {State
Pep artment/Agen cv} have conferred with your staff and has agreed to the requirements listed below
for this extension. This extension is being requested because the State of {State} / {Tribe} Tribe:
Q Is planning to group two or more program revisions into a single legislative or regulatory action.
G Currently lacks the legislative or regulatory authority to enforce the new or revised requirements.
G Currently lacks adequate program capability to implement the new or revised requirements.
{State Department/Agencv/Tribal Organization} will be implementing the Radionuclides Rule
within the scope of its current authority and capability as outlined in the six areas identified in
i) Informing PWSs of the new EPA (and upcoming State/Tribal) requirements and that EPA will
be overseeing implementation of the requirements until EPA approves the State/Tribal
revision.
State/ EPA
Tribe
_ _ Provide copies of regulation and guidance to other State agencies, PWSs, technical
assistance providers, associations, or other interested parties.
_ _ Educate and coordinate with State staff, public water supplies (PWSs), the public, and
other water associations about the requirements of this regulation
_ _ Notify affected systems of their requirements under the Radionuclides Rule.
Other
Appendix C-5
-------
ii) Collecting, storing and managing laboratory results, public notices, and other compliance
and operation data required by the EPA regulations.
State/ EPA
Tribe
Devise a tracking system for PWS reporting pursuant to the Radionuclides Rule.
Keep States informed of SDWIS reporting requirements during development and
implementation.
Report Radionuclides Rule violations and enforcement information to SDWIS as required.
Other
iii) Assisting EPA in the development of the technical aspects of the enforcement actions and
conducting informal follow-up and violations (telephones calls, letters, etc.).
State/ EPA
Tribe
Issue notices of violation (NOVs) for treatment technique and monitoring/reporting
violations of the Radionuclides Rule
Provide immediate technical assistance to PWSs with treatment technique and/or
monitoring/reporting violations to try to bring them into compliance.
Refer all violations to EPA for enforcement if they have not been resolved within 60 days
of the period that triggered the violation. Provide information as requested to conduct and
complete any enforcement action referred to EPA.
Other
iv) Providing technical assistance to public water systems.
State/ EPA
Tribe
Conduct training within the State/Tribe for PWSs on Radionuclides Rule requirements.
Provide technical assistance through written and/or verbal correspondence to PWSs.
Provide on-site technical assistance to PWSs as requested and needed to ensure
compliance with this regulation.
Evaluate requests for variances in an expedient manner.
Coordinate with other technical assistance providers and organizations to provide
accurate information and aid in a timely manner.
Other
v) Providing EPA with all information prescribed by the State Reporting Requirements in
142.15.
State/ EPA
Tribe
Report any violations incurred by PWSs for these regulations each quarter.
Report any enforcement actions taken against PWSs for these regulations each quarter.
Report any variances or exemptions granted for PWSs for these regulations each
quarter.
Other
Appendix C-6
-------
vi) For States/Tribes whose request for an extension is based on a current lack of program
capability to implement the new or revised requirements agrees to take the following steps to
remedy the capability deficiency.
State/ EPA
Tribe
Acquire additional resources to implement these regulations (List of specific steps being
taken attached as (Appendix A}).
Provide quarterly updates describing the status of acquiring additional resources.
Other
I affirm that the (State Department/Agencv/Tribal Organization} will implement provisions of the
Radionuclides Rule as outlined above.
(Agency Director or Secretary} Date
(Name of State Agency/Tribe}
I have consulted with my staff and approve your extension for the aforementioned regulation. I affirm
that EPA Region {Region} will implement provisions of the Radionuclides Rule as outlined above.
Regional Administrator Date
EPA Region {Region}
This Extension Agreement will take effect upon the date of the last signature.
Appendix C-7
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Appendix C-8
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Appendix D
Primacy Revision
Crosswalks
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Appendix D-2
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Primacy Revision Crosswalk for the Radionuclides Rule
FEDERAL REQUIREMENT
SUBPART B - MAXIMUM CONTAMINANT LEVELS
§141.25 ANALYTICAL METHODS FOR RADIOACTIVITY
Analysis for the following contaminants shall be conducted to
determine compliance with § 141 .66 (radioactivity) in accordance with
the methods in the following table, or their equivalent determined by
EPA in accordance with § 141.27.
To determine compliance with §141.66(b)(c) and (e) the detection limit
shall not exceed the concentrations in Table B.
Detection Limits for Gross alpha particle activity, Radium 226, Radium
228, and Uranium
Contaminant Detection Limit
Gross alpha particle activity 3 pCi/L
Radium 226 1 pCi/L
Radium 228 1 pCi/L
Uranium Reserve
To determine compliance with §141.66 (d) the detection limits shall not
exceed the concentrations listed in Table C.
Table C-Detection Limits for Man-Made Beta Particle and Photon
Emitters [Note: name revised]
To judge compliance with the maximum contaminant levels listed in
§141.66, 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.
FEDERAL
CITATION
§141. 25 (a)
§141.25 (c)(l)
§ 141. 25 (c)(l) Table
B
§141.25(c)(2)
§141.25(c)(2)
Table C
§141.25(d)
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
Appendix D-3
-------
FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
SUBPART C - MONITORING AND ANALYTICAL REQUIREMENTS
§141.26 MONITORING FREQUENCY AND COMPLIANCE REQUIREMENTS FOR RADIONUCLIDES IN COMMUNITY WATER SYSTEMS
Monitoring and compliance requirements for gross alpha particle
activity, radium-226, radium-228, and uranium.
Community water systems (CWSs) must conduct initial monitoring to
determine compliance with § 141.66 (b), (c) and (e) by December 31,
2007. For the purposes of monitoring for gross alpha particle activity,
radium-226, radium-228, uranium, and beta particle and photon
radioactivity in drinking water, "detection limit" is defined as in
§141.25(c).
Applicability and sampling location for existing community water
systems or sources. All existing CWSs using ground water, surface
water or systems using both ground and surface water ("systems")
must sample at every entry point to the distribution system that is
representative of all sources being used ("sampling point") under
normal operating conditions. The system must take each sample at the
same sampling point unless conditions make another sampling point
more representative of each source or the State has designated a
distribution system location, in accordance with §141.26(a)(2)(ii)(C).
Applicability and sampling location for new community water systems
or sources. All new CWSs or CWSs that use a new source of water
must begin to conduct initial monitoring for the new source within the
first quarter after initiating use of the source. CWSs must conduct
more frequent monitoring when ordered by the State in the event of
possible contamination or when changes in the distribution system or
treatment processes occur which may increase the concentration of
radioactivity in finished water.
Initial monitoring: Systems must conduct initial monitoring for gross
alpha particle activity, radium-226, radium-228, and uranium as follows:
§141. 26 (a)
§141.26 (a)(l)
§141.26 (a)(l)(i)
§141.26 (a)(l)(ii)
§141.26(a)(2)
Appendix D-4
-------
FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
Systems without acceptable historical data (defined below) must
collect four consecutive quarterly samples at all sampling points
before December 31,2007.
§141.26(a)(2)(i)
Grandfathering of data: States may allow historical monitoring data
collected at a sampling point to satisfy the initial monitoring
requirements, for that sampling point, for the following situations:
§141.26(a)(2)(ii)
To satisfy initial monitoring requirements, a community water system
having only one entry point to the distribution system may use the
monitoring data from the last compliance monitoring period that began
between June 2000 and December 8, 2003.
§141.26 (a)(2)(ii)(A)
To satisfy initial monitoring requirements, a community water system
with multiple entry points and having appropriate historical monitoring
data for each entry point to the distribution system may use the
monitoring data from the last compliance monitoring period that
began between June 2000 and December 8,2003.
§141.26 (a)(2)(ii)(B)
To satisfy initial monitoring requirements, a community water system
with appropriate historical data for a representative point in the
distribution system may use the monitoring data from the last
compliance monitoring period that began between June 2000 and
December 8, 2003, provided that the State finds that the historical data
satisfactorily demonstrate that each entry point to the distribution
system is expected to be in compliance based upon the historical data
and reasonable assumptions about the variability of contaminant
levels between entry points. The State must make a written finding
indicating how the data conforms to the these requirements.
§141.26(a)(2)(ii)(C)
For gross alpha particle activity, uranium, radium-226 and radium-228
monitoring, the State may waive the final two quarters of initial
monitoring for a sampling point if the results of the samples from the
previous two quarters are below the detection limit.
Appendix D-5
-------
FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
If the average of the initial monitoring results for a sampling point is
above the MCL, the system must collect and analyze quarterly samples
at that sampling point until the system has results from four
consecutive quarters that are at or below the MCL, unless the system
enters into another schedule as part of a formal compliance agreement
with the State.
§141.26(a)(2)(iv)
Reduced monitoring: States may allow community water systems to
reduce the future frequency of monitoring from once every three years
to once every six or nine years at each sampling point, based on the
following criteria:
§141.26 (a)(3)
If the average of the initial monitoring results for each contaminant is
below the detection limit specified in §141.25 (c)(l) (Table B), the
system must collect and analyze for that contaminant using at least
one sample at that sampling point every nine years.
§141.26 (a)(3)(i)
For gross alpha particle activity and uranium, if the average of the
initial monitoring results for each contaminant is at or above the
detection limit but at or below 1A the MCL, the system must collect and
analyze for that contaminant using at least one sample at that sampling
point every six years. For combined radium-226 and radium-228, the
analytical results must be combined. If the average of the combined
initial monitoring results for radium-226 and radium-228 is at or above
the detection limit but at or below 1A the MCL, the system must collect
and analyze for that contaminant using at least one sample at that
sampling point every six years.
§141.26(a)(3)(ii)
Appendix D-6
-------
FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
For gross alpha particle activity and uranium, if the average of the
initial monitoring results for each contaminant is above 1A the MCL but
at or below the MCL, the system must collect and analyze at least one
sample at that sampling point every three years. For combined radium-
226 and radium-228, the analytical results must be combined. If the
average of the combined initial monitoring results for radium-226 and
radium-228 is above 1A the MCL but at or below the MCL, the system
must collect and analyze at least one sample at that sampling point
every three years.
Systems must use the samples collected during the reduced
monitoring period to determine the monitoring frequency for
subsequent monitoring periods (e.g., if a system's sampling point is on
a nine year monitoring period, and the sample result is above 1A MCL,
then the next monitoring period for that sampling point is three years).
§141.26 (a)(3)(iv)
If a system has a monitoring result that exceeds the MCL while on
reduced monitoring, the system must collect and analyze quarterly
samples at that sampling point until the system has results from four
consecutive quarters that are below the MCL, unless the system enters
into another schedule as part of a formal compliance agreement with
the State.
§141.26(a)(3)(v)
Compositing: To fulfill quarterly monitoring requirements for gross
alpha particle activity, radium-226, radium-228, or uranium, a system
may composite up to four consecutive quarterly samples from a single
entry point if analysis is done within a year of the first sample. States
will treat analytical results from the composited as the average
analytical result to determine compliance with the MCLs and the future
monitoring frequency. If the analytical result from the composited
sample is greater than 1A MCL, the State may direct the system to take
additional quarterly samples before allowing the system to sample
under a reduced monitoring schedule.
§141.26(a)(4)
Appendix D-7
-------
FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
A gross alpha particle activity measurement may be substituted for the
required radium-226 measurement provided that the measured gross
alpha particle activity does not exceed 5 pCi/1. A gross alpha particle
activity measurement may be substituted for the required uranium
measurement provided that the measured gross alpha particle activity
does not exceed 15 pCi/1. The gross alpha measurement shall have a
confidence interval of 95% (1.65a, where a is the standard deviation of
the net counting rate of the sample) for radium-226 and uranium.
When a system uses a gross alpha particle activity measurement in
lieu of a radium-226 and/or uranium measurement, the gross alpha
particle activity analytical result will be used to determine the future
monitoring frequency for radium-226 and/or uranium. If the gross
alpha particle activity result is less than detection, Vi the detection limit
will be used to determine compliance and the future monitoring
frequency.
§141.26 (a)(5)
Monitoring and compliance requirements for beta particle and photon
radioactivity. To determine compliance with the maximum contaminant
levels in §141.66(d) for beta particle and photon radioactivity, a system
must monitor at a frequency as follows:
5141.26 (b)
Community water systems (both surface and ground water) designated
by the State as vulnerable must sample for beta particle and photon
radioactivity. Systems must collect quarterly samples for beta emitters
and annual samples for tritium and strontium-90 at each entry point to
the distribution system (hereafter called a sampling point), beginning
within one quarter after being notified by the State. Systems already
designated by the State must continue to sample until the State
reviews and either reaffirms or removes the designation.
§141.26 (b)(l)
Appendix D-8
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
If the gross beta particle activity minus the naturally occurring
potassium-40 beta particle activity at a sampling point has a running
annual average (computed quarterly) less than or equal to 50 pCi/L
(screening level), the State may reduce the frequency of monitoring at
that sampling point to once every 3 years. Systems must collect all
samples required in paragraph (b)(l) of this section during the reduced
monitoring period.
§141.26 (b)(l)(i)
For systems in the vicinity of a nuclear facility, the State may allow the
CWS to utilize environmental surveillance data collected by the
nuclear facility in lieu of monitoring at the system's entry point(s),
where the State determines if such data is applicable to a particular
water system. In the event that there is a release from a nuclear
facility, systems which are using surveillance data must begin
monitoring at the community water system's entry point(s) in
accordance with paragraph (b)(l).
Community water systems (both surface and ground water) designated
by the State as utilizing waters contaminated by effluents from nuclear
facilities must sample for beta particle and photon radioactivity.
Systems must collect quarterly samples for beta emitters and iodine-
131 and annual samples for tritium and strontium-90 at each entry point
to the distribution system (hereafter called a sampling point),
beginning within one quarter after being notified by the State.
Systems already designated by the State as systems using waters
contaminated by effluents from nuclear facilities must continue to
sample until the State reviews and either reaffirms or removes the
designation.
§141.26(b)(2)
Quarterly monitoring for gross beta particle activity shall be based on
the analysis of monthly samples or the analysis of a composite of three
monthly samples. The former is recommended.
§141.26(b)(2)(i)
Appendix D-9
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
For iodine-131, a composite of five consecutive daily samples shall be
analyzed once each quarter. As ordered by the State, more frequent
monitoring shall be conducted when iodine-131 is identified in the
finished water.
§141.26(b)(2)(ii)
Annual monitoring for strontium-90 and tritium shall be conducted by
means of the analysis of a composite of four consecutive quarterly
samples or analysis of four quarterly samples. The latter procedure is
recommended.
If the gross beta particle activity beta minus the naturally occurring
potassium-40 beta particle activity at a sampling point has a running
annual average (computed quarterly) less than or equal to 15 pCi/L, the
State may reduce the frequency of monitoring at that sampling point to
every 3 years. Systems must collect all samples required in paragraph
(b)(2) of this section during the reduced monitoring period.
§141.26(b)(2)(iv)
For systems in the vicinity of a nuclear facility, the State may allow the
CWS to utilize environmental surveillance data collected by the
nuclear facility in lieu of monitoring at the system's entry point(s),
where the State determines if such data is applicable to a particular
water system. In the event that there is a release from a nuclear
facility, systems which are using surveillance data must begin
monitoring at the community water system's entry point(s) in
accordance with paragraph (b)(2).
§141.26(b)(2)(v)
Community water systems designated by the State to monitor for beta
particle and photon radioactivity can not apply to the State for a
waiver from the monitoring frequencies specified in paragraphs (b)(l)
or (b)(2) of this section.
§141.26 (b)(3)
Appendix D-10
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
Community water systems may analyze for naturally occurring
potassium-40 beta particle activity from the same or equivalent sample
used for the gross beta particle activity analysis. Systems are allowed
to subtract the potassium-40 beta particle activity value from the total
gross beta particle activity value to determine if the screening level is
exceeded. The potassium-40 beta particle activity must be calculated
by multiplying elemental potassium concentrations (in mg/L) by a
factor of 0.82.
§141.26(b)(4)
If the gross beta particle activity minus the naturally occurring
potassium-40 beta particle activity exceeds the screening level, an
analysis of the sample must be performed to identify the major
radioactive constituents present in the sample and the appropriate
doses must be calculated and summed to determine compliance with
§141.66(d)(l), using (d)(2). Doses must also be calculated and
combined for measured levels of tritium and strontium to determine
compliance.
§141.26 (b)(5)
Systems must monitor monthly at the sampling point(s) which exceed
the maximum contaminant level in § 141.66(d) beginning the month
after the exceedance occurs. Systems must continue monthly
monitoring until the system has established, by a rolling average of 3
monthly samples, that the MCL is being met. Systems who establish
that the MCL is being met must return to quarterly monitoring until
they meet the requirements set forth in paragraphs (b)(l)(ii) or (b)(2)(i)
of this section.
§141.26(b)(6)
General monitoring and compliance requirements for radionuclides.
§141.26 (c)
The State may require more frequent monitoring than specified in
paragraphs (a) and (b) of this section, or may require confirmation
samples at its discretion. The results of the initial and confirmation
samples will be averaged for use in compliance determinations.
§141.26 (c)(l)
Appendix D-11
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FEDERAL REQUIREMENT
Each public water system shall monitor at the time designated by the
State during each compliance period.
Compliance: Compliance with 141.66 (b) through (e) will be determined
based on the analytical result(s) obtained at each sampling point. If
one sampling point is in violation of an MCL, the system is in violation
oftheMCL.
For systems monitoring more than once per year, compliance with the
MCL is determined by a running annual average at each sampling
point. If the average of any sampling point is greater than the MCL,
then the system is out of compliance with the MCL.
For systems monitoring more than once a year, if any sample result will
cause the running average to exceed the MCL at any sample point, the
system is out of compliance with the MCL immediately.
Systems must include all samples taken and analyzed under the
provisions of this section in determining compliance, even if that
number is greater than the minimum required.
If a system does not collect all required samples when compliance is
based on a running annual average of quarterly samples, compliance
will be based on the running average of the samples collected.
If a sample result is less than the detection limit, zero will be used to
calculate the annual average, unless a gross alpha particle activity is
being used in lieu of radium-226 and/or uranium. If the gross alpha
particle activity result is less than detection, 1A the detection limit will
be used to calculate the annual average.
States have the discretion to delete results of obvious sampling or
analytic errors.
FEDERAL
CITATION
§141.26(c)(2)
§141.26 (c)(3)
§141.26 (c)(3)(i)
§141.26 (c)(3)(ii)
§141.26(c)(3)(iii)
§141.26 (c)(3)(iv)
§141.26 (c)(3)(v)
§141.26(c)(4)
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
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Appendix D-12
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
If the MCL for radioactivity set forth in § 141.66(b) through (e) is
exceeded, the operator of a community water system must give notice
to the State pursuant to § 141.31 and to the public as required by
subpart Q of this part.
§141.26 (c)(5)
SUBPART F - MAXIMUM CONTAMINANT LEVEL GOALS AND MAXIMUM RESIDUAL DISINFECTANT LEVEL GOALS
§ 141.55
MAXIMUM CONTAMINANT LEVEL GOALS FOR RADIONUCLIDES
Contaminant
1. Combined radium-226 and radium -228
2. Gross alpha particle activity
(excluding radon and uranium)
3. Beta particle and photon radioactivity
4. Uranium
MCLG
Zero
Zero
Zero
Zero
141.55
Appendix D-13
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
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FED.
REQUIREMENT?
EXPLAIN ON
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SUBPART G - NRPDWR: MAXIMUM CONTAMINANT LEVELS AND MAXIMUM RESIDUAL DISINFECTANT LEVELS
§ 141.66 MAXIMUM CONTAMINANT LEVELS FOR RADIONUCLIDES
[reserved]
MCL for combined radium-226 and 228.
The maximum contaminant level for combined radium-226 and radium-
228 is 5 pCi/L. The combined radium-226 and radium-228 value is
determined by the addition of the results of the analysis for radium-226
and the analysis for radium-228.
MCL for gross alpha particle activity (excluding radon and uranium).
The maximum contaminant level for gross alpha particle activity
(including radium-226 but excluding radon and uranium) is 1 5 pCi/L.
MCL for beta particle and photon radioactivity.
The average annual concentration of beta particle and photon
radioactivity from man-made radionuclides in drinking water must not
produce an annual dose equivalent to the total body or any internal
organ greater than 4 millirem/year (mrem/year).
§ 14 1.66 (a)
§ 141. 66 (b)
§141.66(c)
§ 141. 66 (d)
§141.66(d)(l)
Appendix D-14
-------
FEDERAL REQUIREMENT
Except for the radionuclides listed in Table A, the concentration of
man-made radionuclides causing 4 mrem total body or organ dose
equivalents must be calculated on the basis of 2 liter per day drinking
water intake using the 168 hour data list in "Maximum Permissible
Body Burdens and Maximum Permissible Concentrations of
Radionuclides in Air and in Water for Occupational Exposure, " NBS
(National Bureau of Standards) Handbook 69 as amended August
1963, U.S. Department of Commerce. This incorporation by reference
was approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a)and 1 CFRpartSl. Copies of this document are
available from the National Technical Information Service, NTIS ADA
280 282, U.S. Department of Commerce, 5285 Port Royal Road,
Springfield, Virginia 22161 . The toll-free number is 800-553-6847.
Copies may be inspected at EPA's Drinking Water Docket, 401 M
Street, SW., Washington, DC 20460; or at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. If
two or more radionuclides are present, the sum of their annual dose
equivalent to the total body or to any organ shall not exceed 4
mrem/year.
Table A - Average Annual Concentrations Assumed to Produce A
Total Body or Organ Dose of 4 mrem/yr
Radionuclide Critical Organ pCi per Liter
Tritium Total body 20,000
Strontium- 90 Bone marrow 8
MCL for uranium.
The maximum contaminant level for uranium is 30 ng/L.
Compliance dates
FEDERAL
CITATION
§141.66(d)(2)
§141.66(d)(2)
Table A
§141.66(e)
§141.66(f)
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
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REQUIREMENT?
EXPLAIN ON
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Appendix D-15
-------
FEDERAL REQUIREMENT
Compliance dates for combined radium 226 and 228, gross alpha
particle activity, gross beta particle and photon radioactivity, and
uranium: Community water systems must comply with the MCLs listed
in paragraphs (b), (c), (d) and (e) of this section beginning December 8,
2003 and compliance shall be determined in accordance with the
requirements of § 141 .25 and § 141 .26. Compliance with reporting
requirements for the radionuclides under Appendix A to Subpart O
and Appendix A and B to Subpart Q is required on December 8, 2003.
Best Available Technologies (BATs) for Radionuclides.
The Administrator, pursuant to section 1412 of the Act, hereby
identifies as indicated in the following table the best technology
available for achieving compliance with the maximum contaminant
levels for combined radium-226 and and radium-228, uranium, gross
alpha particle activity, and beta particle and photon radioactivity.
FEDERAL
CITATION
§ 141.66 (fXl)
§141. 66 (g)
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
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Appendix D-16
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
Contaminant
1. Combined Radium-
226 and Radium-228
2. Uranium
3. Gross alpha
particle activity
(Excluding Radon
and Uranium)
4. Beta Particle and
Photon Radioactivity
BAT
Ion Exchange, Reverse Osmosis, Lime
Softening
Ion Exchange, Reverse Osmosis, Lime
Softening, Coagulation/Filtration
Reverse Osmosis
Ion Exchange, Reverse Osmosis
§141.66 (g)
Table B
List of Small Systems Compliance Technologies for Radionuclides and
Limitations to Use
§ 141.66 (h)
Table C
Limitations
(see footnotes)
Operator Skill
Level Required
1. Ion Exchange (IE)
(a) Intermediate
2. Point of Use (POU2) IE
(b) Basic
3. Reverse Osmosis (RO)
(c) Advanced
4. POU2RO
(b)
Basic
Raw Water Quality Range
and Considerations
All ground waters
All ground waters
Surface waters usually require
pre-filtration
Surface waters usually require
pre-filtration
Appendix D-17
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FEDERAL REQUIREMENT
Limitations Operator Skill Raw Water Quality Range
(see footnotes) Level Required and Considerations
5. Lime Softening
(d) Advanced All waters
6. Green Sand Filtration
(e) Basic
7. Co-precipitation with Barium Sulfate
(f) Intermediate to Ground waters with suitable
Advanced water quality
8. Electrodialysis/Electrodialysis Reversal
Basic to All ground waters
Intermediate
9. Pre-formed Hydrous Manganese Oxide Filtration
(g) Intermediate All ground waters
10. Activated alumina
(a), (h) Advanced All ground waters, competing
anion concentrations may affect
regeneration frequency
1 1 . Enhanced coagulation/filtration
(i) Advanced Can treat a wide range of water
qualities
See § 141.66 (h) Table C for footnotes.
FEDERAL
CITATION
§ 141. 66 (h)
Table C continued
§ 141. 66 (h)
Table C, Footnotes
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
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Appendix D-18
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FEDERAL REQUIREMENT
Compliance Technologies by System Size Category for Radionuclide
NPDWRs
1 . Combined radium-226 and radium-228
25-500 501-3,300 3,300-10,000
1,2,3,4,5,6,7,8,9 1,2,3,4,5,6,7,8,9 1,2,3,4,5,6,7,8,9
2. Gross alpha particle activity
25-500 501-3,300 3,300-10,000
3,4 3,4 3,4
3. Beta particle activity and photon activity
25-500 501-3,300 3,300-10,000
1,2,3,4 1,2,3,4 1,2,3,4
4. Uranium
25-500 501-3,300 3,300-10,000
1,2,4,10,11 1,2,3,4,5,10,11 1,2,3,4,5,10,11
Note: (1) Numbers correspond to those technologies found listed in
the table C of 141. 66(h).
FEDERAL
CITATION
§ 141. 66 (h)
Table D
§ 141. 66 (h)
Table D
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
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Appendix D-19
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
SUBPART O - CONSUMER CONFIDENCE REPORTS
APPENDIX A TO SUBPART O OF PART 141
Regulated Contaminants Table
Beta/photon emitters (mrem/yr)
MCL in mg/L: 4 mrem/yr
MCL in CCR units: 4
MCLG: 0
Major sources in drinking water: Decay of natural and man-made
deposits
Health effects: Certain minerals are radioactive and may emit forms of
radiation known as photons and beta radiation. Some people who
drink water containing beta particle and photon radioactivity in excess
of the MCL over many years may have an increased risk of getting
cancer.
Alpha emitters (pCi/L)
MCL in mg/L: 15pCi/L
MCL in CCR units: 15
MCLG: 0
Major sources in drinking water: Erosion of natural deposits
Health effects: Certain minerals are radioactive and may emit a form of
radiation known as alpha radiation. Some people who drink water
containing alpha emitters in excess of the MCL over many years may
have an increased risk of getting cancer.
Appendix A to
Subpart O
Appendix D-20
-------
FEDERAL REQUIREMENT
Combined radium (pCi/L)
MCL in mg/L: 5 pCi/L
MCL in CCR units: 5
MCLG: 0
Major sources in drinking water: Erosion of natural deposits
Health effects: Some people who drink water containing radium 226 or
228 in excess of the MCL over many years may have an increased risk
of getting cancer.
Uranium (pCi/L)
MCLinmg/L:30ug/L
MCL in CCR units: 30
MCLG: 0
Major sources in drinking water: Erosion of natural deposits
Health effects: Some people who drink water containing uranium in
excess of the MCL over many years may have an increased risk of
getting cancer and kidney toxicity.
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
Appendix D-21
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
SUBPART Q - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS
APPENDIX A TO SUBPART Q OF PART 141 - NPDWR VIOLATIONS AND OTHER SITUATIONS REQUIRING PUBLIC NOTICE'
I. Violations of National Primary Drinking Water
Regulations(NPDWR)3:
1 . Beta/photon emitters:
MCL/MRDL/TT violations2
Tier of Public Notice Required Citation
2 141. 66 (d)
Monitoring and testing procedure violations
Tier of Public Notice Required Citation
3 141.25 (a), 141.26 (b)
2. Alpha emitters:
MCL/MRDL/TT violations2
Tier of Public Notice Required Citation
2 141. 66 (c)
Monitoring and testing procedure violations
Tier of Public Notice Required Citation
3 141. 25 (a), 141. 26 (a)
3. Combined radium (226 & 228):
MCL/MRDL/TT violations2
Tier of Public Notice Required Citation
2 141.66 (b)
Monitoring and testing procedure violations
Tier of Public Notice Required Citation
3 141. 25 (a), 141. 26 (a)
I
I.F.I.
I.F.2.
I.F.3.
Appendix D-22
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
4. Uranium:
MCL/MRDL/TT violations2
Tier of Public Notice Required Citation
29 141.66 (e)
Monitoring and testing procedure violations
Tier of Public Notice Required Citation
310 141.25 (a), 141.26 (a)
I.F.4.
1. Violations and other situations not listed in this table (e.g., reporting
violations and failure to prepare Consumer Confidence Reports), do
not require notice, unless otherwise determined by the primary agency.
Primacy agencies may, at their option, also require a more stringent
public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier
3) for specific violations and situations listed in this Appendix, as
authorized under Sec. 141.202(a)and Sec. 141.203(a).
2. MCL—Maximum contaminant level, MRDL—Maximum residual
disinfectant level, TT—Treatment technique
Appendix A,
Endnotes
3. The term Violations of National Primary Drinking Water Regulations
(NPDWR) is used here to include violations of MCL, MRDL, treatment
technique, monitoring, and testing procedure requirements.
Appendix A,
Endnotes
9. The uranium MCL Tier 2 violation citations are effective December
8, 2003 for all community water systems.
10. The uranium Tier 3 violation citations are effective December 8,
2003 for all community water systems.
Appendix A,
Endnotes
Appendix D-23
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
APPENDIX B TO SUBPART Q OF PART 141 - STANDARD HEALTH EFFECTS LANGUAGE FOR PUBLIC NOTIFICATION
B. Standard Health Effects Language for Surface Water Treatment Rule
(SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR)
and Filter Backwash Recycling Rule (FBRR) violations:
Contaminant MCLG1 MCL2 Standard Health Effects
mg/L mg/L Language for PN
79. Uranium16 Zero 30 |ig/L Some people who drink water
containing uranium in excess of
the MCL over many years may
have an increased risk of getting
cancer and kidney toxicity.
1 . MCLG- Maximum contaminant level goal
2. MCL- Maximum contaminant level
16. The uranium MCL is effective December 8, 2003 for all community
water systems.
G.79.
Appendix B
Endnotes
PART 142-NATioNAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION
SUBPART B - PRIMARY ENFORCEMENT RESPONSIBILITY
§ 142. 16 SPECIAL PRIMACY REQUIREMENTS
[reserved]
[reserved]
[reserved]
§142. 16 (i)
§ 142.16 CJ)
§142. 16 (k)
Appendix D-24
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
An application for approval of a State program revision for
Radionuclides which adopts the requirements specified in §
141.26(a)(2)(ii)(C) of this chapter must contain the following (in
addition to the general primacy requirements enumerated in this part,
including that State regulations be at least as stringent as the Federal
requirements):
§142.16(1)
If a State chooses to use grandfathered data in the manner described
in § 141.26(a)(2)(ii)(C) of this chapter, then the State must describe the
procedures and criteria which it will use to make these determinations
(whether distribution system or entry point sampling points are used).
§142.160X1)
The decision criteria that the State will use to determine that data
collected in the distribution system are representative of the drinking
water supplied from each entry point to the distribution system. These
determinations must consider:
All previous monitoring data.
§ 142.16 (l)(l)(i)(A)
The variation in reported activity levels.
§ 142.16 (l)(l)(i)(B)
Other factors affecting the representativeness of the data (e.g.
geology)
§ 142.16 (l)(l)(i)(C)
A monitoring plan by which the State will assure all systems complete
the required monitoring within the regulatory deadlines. States may
update their existing monitoring plan or use the same monitoring plan
submitted for the requirements in § 142.16(e)(5) under the National
Primary Drinking Water Regulations for the inorganic and organic
contaminants (i.e. the Phase II/V Rules). States may note in their
application any revision to an existing monitoring plan or note that the
same monitoring plan will be used. The State must demonstrate that
the monitoring plan is enforceable under State law.
142.16GX2)
Appendix D-25
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
§ 142.65 VARIANCES AND EXEMPTIONS FROM THE MAXIMUM CONTAMINANT LEVELS FOR RADIONUCLIDES
(OPTIONAL - STATES THAT PLAN TO ALLOW VARIANCES AND EXEMPTIONS MUST COMPLETE THIS SECTION)
Variances and exemptions from the maximum contaminant levels for
Combined Radium-226 and Radium-228, Uranium, Gross alpha particle
activity (Excluding Radon and Uranium), and Beta Particle and Photon
Radioactivity.
The Administrator, pursuant to section 1415(a)(l)(A) of the Act,
hereby identifies the following as the best available technology,
treatment techniques, or other means available for achieving
compliance with the maximum contaminant levels for the radionuclides
listed in §141.66 (b), (c), (d), and(e) of this chapter, for the purposes of
issuing variances and exemptions, as shown in § 141 .66 (g)
Table B.
In addition, the Administrator hereby identifies the following as the
best available technology, treatment techniques, or other means
available for achieving compliance with the maximum contaminant
levels for the radionuclides listed in §141 .66 (b), (c), (d), and (e) of this
chapter, for the purposes of issuing variances and exemptions to small
drinking water systems, defined here as those serving 10,000 persons
or fewer, as shown in § 141 .66 (h) Table D.
A State shall require community water systems to install and/or use
any treatment technology identified in Table A of this section,
paragraph (1 ), or in the case of small water systems (those serving
10,000 persons or fewer), § 141 .66 (h) Tables C and D, as a condition
for granting a variance except as provided in paragraph (a)(3) of this
section. If, after the system's installation of the treatment technology,
the system cannot meet the MCL, that system shall be eligible for a
variance under the provisions of section 1415(a)(l)(A) of the Act.
§ 142.65(a)(l)
§ 142.65(a)(2)
Appendix D-26
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FEDERAL REQUIREMENT
FEDERAL
CITATION
STATE CITATION (DOCUMENT TITLE,
PAGE NUMBER, SECTION/PARAGRAPH)
DIFFERENT FROM
FED.
REQUIREMENT?
EXPLAIN ON
SEPARATE SHEET
If a community water system can demonstrate through comprehensive
engineering assessments, which may include pilot plant studies, that
the treatment technologies identified in this section would only
achieve a de minimus reduction in the contaminant level, the State may
issue a schedule of compliance that requires the system being granted
the variance to examine other treatment technologies as a condition of
obtaining the variance.
§ 142.65(a)(3)
If the State determines that a treatment technology identified under
paragraph (a)(3) of this section is technically feasible, the
Administrator or primacy State may require the system to install and/or
use that treatment technology in connection with a compliance
schedule issued under the provisions of section 1415(a)(l)(A)of the
Act. The State's determination shall be based upon studies by the
system and other relevant information.
§ 142.65(a)(4)
The State may require a community water system to use bottled water,
point-of-use devices, point-of-entry devices or other means as a
condition of granting a variance or an exemption from the requirements
of §141.66 of this chapter, to avoid an unreasonable risk to health.
§ 142.65(a)(5)
Community water systems that use bottled water as a condition for
receiving a variance or an exemption from the requirements of §141.66
of this chapter must meet the requirements specified in either
paragraph (g)(l) or (g)(2) and (g)(3) of §142.62.
§ 142.65(a)(6)
Community water systems that use point-of-use or point-of-entry
devices as a condition for obtaining a variance or an exemption from
the radionuclides NPDWRs must meet the conditions in §142.62 (h)(l)
through (h)(6).
142.65(a)(7)
Appendix D-27
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Appendix D-28
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Appendix E
SDWIS/FED DTP
Reporting Requirements
Guidance
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Appendix E-2
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United States
Environmental
Protection Agency
State Reporting
Guidance for
Radionuclides
Appendix E-3
-------
Office of Ground Water and
Drinking Water (4606M)
EPA816-R-02-012
www. epa. gov/safewater
March 2002
Printed on Recycled Paper
Appendix E-4
-------
Contents
Introduction Appendix E-7
I. Federal Reporting Requirements for the Radionuclides Rule Appendix E-11
A. Summary of Requirements Appendix E-ll
B. Key Dates Appendix E-ll
C. Maximum Contaminant Levels (MCLs) Appendix E-ll
D. Method Detection Limits (DLs) Appendix E-12
E. Monitoring Period Appendix E-12
1. Initial Monitoring for Gross Alpha, Radium -2267-228, and Uranium .... Appendix E-13
2. Initial Monitoring for Beta Particle and Photon Emitters Appendix E-13
3. Reduced Monitoring for Gross Alpha, Radium -2267-228, and
Uranium Appendix E-14
4. Reduced Monitoring for Beta Particle and Photon Emitters Appendix E-14
5. Increased Monitoring for Gross Alpha, Radium -2267-228,
and Uranium Appendix E-14
6. Increased Monitoring for Beta Particle and Photon Emitters Appendix E-14
II. Violation Determination, SNCs, & Enforcement Appendix E-15
A. Violation Determination Based on Monitoring Period Appendix E-15
B. Reporting of Violations by System Versus Sampling Point Appendix E-15
C. Types of Violations Appendix E-16
D. Maximum Contaminant Level (MCL) Violation Determination Appendix E-17
E. Monitoring and/or Reporting (M7R) Violation Determination Appendix E-18
F. Variance/Exemption/Other Compliance Schedule (V/E) Violation
Determination Appendix E-18
G. Return to Compliance (RTC) and Enforcement Actions Appendix E-19
H. Linking Enforcement and Follow-up Actions, and RTC to Violations Appendix E-19
I. Public Notification Appendix E-23
J. Significant Noncomplier (SNC) Appendix E-23
III. SDWIS/FED Data Transmittal Appendix E-25
IV. Sources for Additional Information Appendix E-29
Appendix A. Monitoring, Reporting, and Compliance Determination Examples Appendix E-31
Appendix E-5
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Appendix E-6
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Introduction
The purpose of this document is to define the reporting requirements and related Safe Drinking
Water Information System/Federal Version (SDWIS/FED) Data Transfer Format (DTP) record layout
for information required under the Radionuclides Rule published in the Federal Register on
December 7, 2000 (65 FR 76 708). This document addresses the requirements for State reporting to
EPA and the definitions of monitoring, reporting, violations and Return to Compliance (RTC) data
applicable to community water systems (CWSs), under the Radionuclides Rule. Such reporting is
required under Section 1445 of the Safe Drinking Water Act (SOWA) (codified at Section 142.15 of
Title 40 of the Code of Federal Regulations). The Radionuclides Rule currently does not apply to
nontransient noncommunity water systems, nor to transient noncommunity water systems.
This guidance document is designed for use by State program officials; however, States may at
their discretion share components of this guidance with water systems, drinking water laboratories, and
others in the drinking water community.
EPA and State decision makers retain the discretion to adopt approaches on a case-by-case
basis that differ from this guidance where appropriate. Any decisions regarding a particular facility will
be made based on the applicable statutes and regulations. Therefore, interested parties are free to raise
questions and objections about the appropriateness of the application of this guidance to a particular
situation, and EPA will consider whether or not the recommendations or interpretations in the guidance
are appropriate in that situation. EPA may change this guidance in the future.
Appendix E-7
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Appendix E-8
-------
GLOSSARY OF SPECIAL TERMS USED IN THIS GUIDANCE DOCUMENT
Term Definition
1976 Rule MCLs and National Interim Primary Drinking Water Regulations for Radiologicals,
promulgated on July 9, 1976 (41 FR 28404). This Rule was modified by technical
amendments published on August 27, 1980 (45 FR 57346). (Note: The National
Interim Primary Drinking Water Regulations became the National Primary
Drinking Water Regulations with the passage of the June 19, 1986,
Amendments to SDWA.)
CWS An acronym for Community Water Systems.
DL An acronym for Method Detection Limit. The DL is the concentration which can be
counted with a precision of ± 100 percent at the 95 percent confidence level (1.96a
or 1.65a, where a is the standard deviation of the net counting rate of the sample).
DTP An acronym for Data Transfer Format, which is the format used to report data to
SDWIS/FED.
EPTDS Acronyms for an Entry Point To the Distribution System for a water system.
Exemption Allows a system with compelling circumstances an extension of time before the
system must comply with applicable requirements. Only exemptions for the uranium
MCL may be granted.
Grandfathered At State discretion, data collected between June 2000 and December 8, 2003, may
data be used to comply with the initial monitoring requirements for gross alpha, combined
radium (-226 & -228), and uranium.
GW An acronym for Ground Water
M/R An acronym for Monitoring and/or Reporting.
MCL An acronym for Maximum Contaminant Level.
OECA An acronym for EPA's Office of Enforcement Compliance Assurance.
PN An acronym for Public Notice. PN is required for MCL and M/R violations, or
failure to comply with the conditions of a variance or exemption. If PN is not
properly performed, a PN violation is required to be reported to SDWIS/FED.
RTC An acronym for Return to Compliance. This designation indicates that a system that
was previously in violation for a requirement is now considered as being in
compliance, either because it corrected the violation or is no longer required to do so.
Sampling point An entry point to the distribution system at where the State has designated that
sampling should occur. A system must sample at every entry point to the distribution
system that the State considers to be representative, such that samples taken are
representative of all sources of water being used under normal operating conditions.
SDWA An acronym for the Safe Drinking Water Act.
SDWIS/FED An acronym for EPA's Safe Drinking Water Information System/Federal Version,
the national repository for drinking water information.
Appendix E-9
-------
GLOSSARY OF SPECIAL TERMS USED IN THIS GUIDANCE DOCUMENT
Term Definition
Small system A system that serves 10,000 or fewer people.
SNC An acronym for Significant Noncomplier. A designation by EPA for those systems
that are considered to pose the most serious threats to public health.
State Refers to the government agency that is responsible for reporting the State's
drinking information to SDWIS/FED.
SW An acronym for Surface Water.
Variance Allows a system to provide drinking water that contains contaminant levels
exceeding the MCL, if it can demonstrate that it is still protective of public health.
As a condition of the variance, the system must adhere to a State-specific schedule.
Waiver At State discretion, allows a system to waive (not sample for) the final two quarters
of initial monitoring for gross alpha, uranium, radium-226, and radium-228, if the
sampling results from the previous two quarters are below the DL (40 CFR141.26
Appendix E-10
-------
I. Federal Reporting Requirements for the Radionuclides Rule
This section discusses the Safe Drinking Water Information System/ Federal Version
(SDWIS/FED) Radionuclides Rule reporting requirements for community water system (CWS)
monitoring programs under the Safe Drinking Water Act (SDWA). Compliance, violations, follow-up
and enforcement actions, and Return to Compliance (RTC) reporting requirements are defined.
A. Summary of Requirements
The Radionuclides Rule still applies to CWSs only. It sets a new maximum contaminant level
(MCL) for uranium, which was not previously regulated, and revises the monitoring requirements for
combined radium (-226 & -228), gross alpha particle radioactivity, and beta particle and photon
radioactivity. The frequency for monitoring was changed to make it more similar to that for Phase U/V.
The Rule retains the existing MCL for combined radium (-226 & -228), gross alpha particle
radioactivity, and beta particle and photon radioactivity.
B. Key Dates
The Radionuclides Rule becomes effective on December 8, 2003. The 1976 Rule remains in
effect through December 7, 2003. All CWSs must complete initial monitoring by December 31, 2007.
A CWS must conduct initial monitoring according to a State-specified plan between December 8,
2003 and December 31, 2007, unless the State allows the system to grandfather data. At State
discretion, results from samples collected between June 2000 and December 8, 2003, may be used to
satisfy initial monitoring requirements for gross alpha, combined radium (-226 & -228), and uranium.
C. Maximum Contaminant Levels (MCLs)
The following table summarizes the contaminants for the Radionuclides Rule and their
respective MCLs. The Radionuclides Rule sets a new MCL for uranium, which was not previously
regulated, and retains the existing MCLs for combined radium (-226 & -228), gross alpha particle
radioactivity, and beta particle and photon radioactivity.
Appendix E-11
-------
SDWIS/FED Radionuclides Contaminants
Contaminant Name
Gross Alpha, Excluding Radon & Uranium
Combined Uranium
Combined Radium (-226 & -228)
Man-Made Beta Particle & Photon Emitters
Tritium
Strontium -90
Iodine-131
SDWIS/FED
Contaminant
Code
4000
4006
4010
4101
4102
4174
4264
Maximum
Contaminant
Level (MCL)
15 pCi/L
30|jg/L
5pCi/L
4 mrem/year
n/a
n/a
n/a
D. Method Detection Limits (DLs)
The following table contains the method detection limits (DLs) used to determine compliance
applicable to radionuclides reporting (40 CFR 141.25(c)(l)(Table B)). The Agency will propose a DL
for uranium in a future rule before the effective date of the Radionuclides Rule (December 8, 2003).
Contaminant Name
Gross Alpha
Particle Activity
Radium-226
Radium-228
Uranium
DL
3pCi/L
IpCi/L
IpCi/L
Reserved
E. Monitoring Period
In SDWIS/FED, a monitoring period refers to the period of time during which monitoring was
to have been performed, such as a quarter, a year, etc. For example, assume a system is required to
monitor for contaminant X each calendar quarter. If this system fails to conduct the required monitoring
for contaminant X for the first calendar quarter of 2004, a Monitoring and/or Reporting (M/R) violation
is incurred. When this M/R violation is reported to SDWIS/FED, the State must supply the beginning
date of the monitoring period, and the ending date of the monitoring period. The beginning date of the
Appendix E-12
-------
monitoring period in this example would be 01/01/2004; the ending date of the monitoring period would
be 03/31/2004.
1. Initial Monitoring for Gross Alpha, Radium -226/-22S, and Uranium
A CWS must collect four consecutive quarterly samples for gross alpha, radium-226, radium-
228, and uranium at all sampling points (40 CFR 141.26(a)(2)). If the annual average of the initial
monitoring results for each contaminant at a specific sampling point is above the MCL, the system must
collect and analyze quarterly samples at that sampling point until it has results from four consecutive
quarters that are at or below the MCL as defined in 40 CFR 141.26(a)(2)(iv).
Criteria for Determining Frequency of Subsequent Monitoring for
Gross Alpha, Combined Radium (-226 & -228), and Uranium*
If the results from initial
monitoring are:
DLbut ^ MCL but < MCL
>MCL
Then the subsequent
monitoring cycle is:
one sampling event every nine years
one sampling event every six years
one sampling event every three years
until the annual averages from each of
four consecutive quarters are at or below
the MCL
*Note: The DL has not been set for uranium but will be by December 8, 2003. Until the DL is set, if a system
is allowed to grandfather data for uranium, it may reduce monitoring frequency to a minimum of one sample
every six years (but not nine years).
2. Initial Monitoring for Beta Particle and Photon Emitters
Systems designated by the State as vulnerable CWSs must collect quarterly samples for gross
beta and collect annual samples for tritium and strontium-90 (40 CFR 141.26(b)(l)). CWSs using
waters contaminated by effluents from nuclear facilities must collect quarterly samples for gross beta
and iodine-131 and annual samples for tritium and strontium-90 (40 CFR 141.26(b)(2)). Sampling
must begin the quarter after the system is notified by the State.
For the quarterly monitoring requirements for gross beta particle activity, samples must be
collected and analyzed monthly, or the composite of three monthly samples must be collected and
analyzed (40 CFR 141.26(b)(2)(i)). In addition, for the quarterly iodine-131 monitoring requirements,
samples must be collected for five consecutive days, composited, and analyzed.
Appendix E-13
-------
For the annual monitoring requirements for strontium-90 and tritium, samples must be collected
quarterly and analyzed or composited and analyzed (40 CFR 141.26(b)(2)(iii)).
3. Reduced Monitoring for Gross Alpha, Radium -226/-22S, and Uranium
If the average of the monitoring results for each contaminant is below the DL, CWSs must
collect and analyze for that contaminant using at least one sample at that sampling point every nine years
as defined in 40 CFR 141.26(a)(3)(i). A CWS may reduce the future monitoring frequency to once
every six years at each sampling point if the average of the monitoring results for each contaminant is at
or above the DL but at or below !/2 the MCL (40 CFR 141 .26(a)(3)(ii)). If the average of the
monitoring results for each contaminant is above !/2 the MCL, but at or below the MCL, a CWS must
collect and analyze for that contaminant using at least one sample at that sampling point every three
years (40 CFR 141.26(a)(3)(iii)). Systems must use the samples collected during the reduced
monitoring period to determine the monitoring frequency for subsequent monitoring periods (40 CFR
4. Reduced Monitoring for Beta Particle and Photon Emitters
For systems using waters contaminated by effluents from nuclear facilities, if the gross beta
minus the naturally occurring potassium-40 activity is less than or equal to 15 pCi/L, the system must
collect one gross beta sample every three years (40 CFR 141.26(b)(2)(iv)). In a vulnerable system, if
the gross beta minus the naturally occurring potassium-40 activity is less than or equal to 50 pCi/L, the
system must collect one gross beta sample every three years (40 CFR 141.26(b)(l)(i)).
5. Increased Monitoring for Gross Alpha, Radium -226/-22S, and Uranium
If a CWS on reduced monitoring has a monitoring result that exceeds the MCL for any
contaminant, the system must collect and analyze quarterly samples at that sampling point until the
system has results from four consecutive quarters that are below the MCL, unless the system enters into
another schedule as part of a formal compliance agreement with the State as defined in 40 CFR
141.26(a)(3)(v). Note: If the annual averages from four consecutive quarters are at the MCL, the
system must continue to monitor quarterly.
6. Increased Monitoring for Beta Particle and Photon Emitters
If the gross beta minus the naturally occurring potassium-40 activity exceeds 15 pCi/L (for
systems using waters contaminated by effluents from nuclear facilities) or 50 pCi/L (for systems
determined by the State to be vulnerable), the system must speciate as required by the State, and
collect gross beta samples at the initial monitoring frequency (40 CFR 141.26(b)).
Appendix E-14
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II. Violation Determination, SNCs, & Enforcement
A. Violation Determination Based on Monitoring Period
The violation compliance period reflects the actual monitoring period for which the samples
were taken. As long as samples are taken within the specified monitoring period, the system will be
considered in compliance, even if the elapsed time between sample dates is greater than the specified
sampling frequency (e.g., every three years).
B. Reporting of Violations by System Versus Sampling Point
States have the option of reporting violations to SDWIS/FED by sampling point, or by system.
States choosing to report on a sampling point specific basis would report every violation that a system
incurs, even if a system has multiple violations of the same type and for the same contaminant and
monitoring period at multiple sampling points. Each would be reported to SDWIS/FED. States
choosing to report on a system specific basis would only report one violation per contaminant per
monitoring period even if the system violated the same MCL or monitoring requirement during a given
period at more than one sampling point. In choosing which of the sampling points to report a same type
violation for, always report the more severe violation.
Regardless of the option a State chooses for reporting violations to SDWIS/FED, EPA views
violations on a system-specific basis. For EPA purposes, each system can be in violation only one time
for each type of violation for each contaminant for each monitoring period — even though the CWS
may have had multiple violations of the same type and for the same contaminant and monitoring period
at multiple sampling points.
CWSs can have both MCL and monitoring violations during the same period. As one example,
consider a system in a State which chooses to report violations by system rather than by sampling point.
A system which has multiple sampling points may have a MCL violation for a specific contaminant at
one point and fail to monitor for that contaminant at another point. The CWS has both an MCL
violation and an M/R violation for the contaminant for the same monitoring period. Both violations are
to be reported to SDWIS/FED.
Appendix E-15
-------
C. Types of Violations
Types of violations for the Radionuclides Rule are as follows:
SDWIS/FED
Violation Type
Code
02
03
06
08
Violation Name
MCL, Average
M/R
Public Notice (PN)
Variance/Exemption
SDWIS/FED Violation Description
At a sampling point, the computed running
annual average exceeds the MCL or any
one sample causes the running annual
average to exceed the MCL (e.g. one
sample result exceeds four times the
MCL).
At a sampling point, when required,
failure to: conduct any sampling, properly
analyze any sample, or accurately report
the running annual average analytical
result of samples to the State.
Failure to properly provide PN according
to40CFR141 SubpartQ.
Failure to adhere to the schedules and
conditions of a variance or exemption.
For each violation listed above, the State reports the following data to SDWIS/FED. Section
HI - SDWIS/FED Data Transmittal explains these data elements in more detail.
A unique PWS-ID.
• A unique violation ID.
• A code identifying the contaminant for which the violation applies.
• A code describing the type of violation.
• Calendar date of the beginning of the monitoring period.
• Calendar date of the end of the monitoring period.
Appendix E-16
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Analysis result (running annual average) causing the violation. Reported using the same
unit as the MCL for the contaminant in question. (For MCL violations only.)
A numeric value that represents the MCL which was exceeded that led to the
identification of an MCL violation for a public water system. (Where the MCL
violated is other than the Federal MCL only.)
• A code designating whether the violation is of major or minor severity. (For M/R
violations only.)
• A source/entity ID at which the violation was incurred. (Enter the five-character
Source/Entity ID if reporting by sampling point; leave blank to report by
system.)
D. Maximum Contaminant Level (MCL) Violation Determination
States must determine compliance based on the analytical result(s) obtained at each Entry Point
to the Distribution System (EPTDS) (40 CFR 141.26(c)(3)). A system is in violation if:
Any sampling point is in violation of an MCL (40 CFR 141.26(c)(3)); or,
Any sample result will cause the running annual average to exceed the MCL at any
EPTDS (i.e., the analytical result is greater than four times the MCL).
For systems monitoring more than once per year, compliance with the MCL is determined by a
running annual average at each sampling point.1 Systems that monitor annually or less frequently and
whose sample result exceeds the MCL must revert to quarterly sampling for that contaminant during the
next quarter. Systems are required to conduct quarterly monitoring only at the EPTDS at which the
sample was collected and for the specific contaminant that triggered the system into the increased
monitoring frequency. Systems triggered into increased monitoring will not be considered in violation of
the MCL until they have completed one year of quarterly sampling (40 CFR 141.26(c)(3)).
Individual analytical results should never be reported to SDWIS/FED as the analytical result of
a MCL violation. A State should always report the annual average regardless of whether a single result
would cause the system to exceed the MCL.
Data reported to SDWIS/FED should be in a form containing the same number of significant
digits as the MCL. The last significant digit should be increased by one unit if the next digit is 5, 6, 7, 8,
'The first year, the running annual average would be calculated by averaging the results of quarters 1-4.
Starting with quarter 5, the average is determined using the previous four quarters (e.g., quarter 5 results encompass
quarters 2, 3, 4, and 5; quarter 6 results encompass quarters 3, 4, and 6, etc.).
Appendix E-17
-------
or 9. The last significant digit should not be increased if the next digit is 0, 1, 2, 3, or 4. Please refer to
the Water Supply Guidance #21 for additional instruction.
Several examples of reporting MCL violations are contained in Appendix A.
E. Monitoring and/or Reporting (M/R) Violation Determination
In accordance with 40 CFR 141.26(a)(l)(i), CWSs must collect compliance samples at every
EPTDS. Systems are required to conduct initial monitoring between December 8, 2003, and
December 31, 2007 (40 CFR 141.26(a)(l)). An M/R violation occurs and must be reported for any
system that fails to:
• collect the required number of samples during the specified time frame, in accordance
with 40 CFR 141.26;
ensure samples are analyzed properly in accordance with 40 CFR 141.25; or,
• submit all required monitoring information on time in accordance with 40 CFR 141.31
and 40 CFR 142.15.
Radionuclide M/R violations are expressed with severity indicators of major or minor. A
major M/R radionuclide violation is defined as a monitoring or reporting violation in which no samples
were collected and/or reported. A minor radionuclide violation is defined as a monitoring or reporting
violation in which some, but not all, of the required samples were collected and/or reported. For States
electing to report by sampling point, any violation during a monitoring period will be a "major" violation,
since in this case it would be impossible for a CWS to conduct some but not all of the required
monitoring. If reporting at the system level, systems with multiple sampling points may conduct
monitoring at some points but not all points; such violations would be coded as "minor" violations.
Systems that do not conduct monitoring at any of the points will have violations coded as "major."
The beginning date of an M/R violation would be the first day of the monitoring period during
which the system was to have taken the sample. For reduced monitoring, violations would occur during
that (three-year, six-year, or nine-year) span. Initial and quarterly monitoring violations would occur in
a three-month (January to March, April to June, July to August, or October to December) span, and
would continue to occur each quarter, as long as the system has not completed the initial monitoring.
Refer to the Implementation Guidance for Radionuclides for more detailed information on initial,
reduced, and increased monitoring requirements and the use of grandfathered data.
Several examples of reporting monitoring violations are contained in Appendix A.
Appendix E-18
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F. Variance/Exemption/Other Compliance Schedule (V/E) Violation Determination
A variance generally allows a system to provide drinking water that may be above the MCL on
the condition that the quality of the drinking water is still protective of public health. SDWA § 1415(a)
requires that any system obtaining a variance must enter into a compliance schedule with the primacy
entity as a condition of the variance.
Small system variances are not available for any contaminant regulated under the Radionuclides
Rule. However, all systems are eligible for general variances from the MCLs for gross alpha, combined
radium (-226 & -228), uranium, and gross beta particle activity.
An exemption for the uranium MCL may be granted, allowing a system with compelling
circumstances an extension of time before the system must comply with applicable SDWA § 1416
requirements. Gross alpha, combined radium (-226 & -228), and gross beta particle activity are
ineligible for exemptions.
When a CWS does not adhere to the Variances, Exemptions and Other Compliance
Schedules stated under 40 CFR 141.26 and 142.65, a violation must be reported to SDWIS/FED.
Section m - SDWIS/FED Data Transmittal explains in more detail how to report these data
elements.
Refer to the Implementation Guidance for Radionuclides for more detailed information on
small system compliance technologies, general variance requirements, and exemption criteria.
G. Return to Compliance (RTC) and Enforcement Actions
When a violation for the Radionuclides Rule is incurred, it must be reported to SDWIS/FED.
When the State has determined that the system is no longer in violation and meets the criteria for RTC
as specified below, it must report to SDWIS/FED an RTC properly linked to the respective
violation(s).
Appendix E-19
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Definitions for Compliance Achieved by Violation Type
Violation Type
Criteria for Violations
If-
Criteria for Return to
Compliance (RTC)
Then a system will be
considered RTC when...
MCL
Initial Monitoring. If the
average of four quarters of
initial monitoring exceeded the
MCL
four consecutive quarterly
samples are at or below the
MCL.
Reduced Monitoring. If the
results of reduced monitoring
exceeded the MCL
four consecutive quarterly
samples are below the MCL.*
M/R
If a system failed to properly
monitor or report
the system properly monitors
and reports according to the
requirements in 40 CFR
141.26 and 40 CFR 141.31.
Public Notice
If a system fails to properly
deliver public notice
the system properly delivers
public notice according to the
requirements in 40 CFR
141.32.
Variance/Exemption/
Other Schedule
If a system fails to meet the
conditions or schedules of a
variance, exemption, or other
compliance schedule
the system corrects the
problem that caused the failure
to meet the schedule, to the
satisfaction of the State.
The criteria for RTC for MCLs differs slightly, depending on whether the MCL was incurred
during initial or reduced monitoring. This is a change from the 1976 Rule.
As part of the Enforcement Action Escalation Policy, a State must state an escalating response
to violations, consisting of informal follow-up and formal enforcement actions. That continues until the
system either returns to compliance or is on a compliance schedule as part of a formal enforcement
action taken by the State. Specific enforcement actions taken against violations for this Rule must be
reported to SDWIS/FED, properly linked to the violations that caused the need for enforcement.
Actions in bold and prefaced by an asterisk are required to be reported to SDWIS.
Appendix E-20
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Follow-up Activities and Enforcement Actions
>t Violation/Reminder Notice
>t Compliance Meeting Conducted
;t Tech Assistance Visit
>t Site Visit (enforcement)
;t Public Notif Requested
;t Public Notif Received
it Public Notif issued
it Boil Water Order
St Formal NO V issued SFJ
>t Show-cause Hearing
St BCA signed
St AO (w/o penalty) issued
St AO (w/penalty) issued
'St Admin Penalty assessed
>t Civil Case under development
St Civil Case Referred to AG
St Civil Case filed SFQ
St Civil Case concluded
>t Consent Decree/Judgement
>t Default Judgement
>t Injunction
>t Temp Restrain Order/Prelim Injunc
St Crim Case referred to AG
St Crim Case filed
St Crim Case concluded
>t Case appealed
>t Case dropped
>t Hook-up/Extension Ban
'St Compliance achieved
'St Variance/Exemption issued
>t turbidity Waiver issued
StNo addtl Formal Action needed
'St Intentional no-action
>t Unresolved
it Other
SIA
SIB
SIC
SID
SIE
SIF
SFG
SFH
SFJ
SFN
SFK
SFL
SFO
SFM
SFP
SF9
SFQ
SF%
SFR
SFS
SFT
SFU
SF&
SFV
SFW
SFS
SF4
SF5
SOX
SOY
soz
SO+
SO6
SO7
SOS
Fed Violation/Reminder Notice
Fed Compliance Meeting Conducted
Fed Tech Assistance Visit
Fed Site Visit (enforcement)
Fed Public Notif Requested
Fed Public Notif Received
Fed Public Notif issued
Fed Boil Water Order
"Fed Formal NO V issued
Fed Show-cause Hearing
"Fed BCA signed
"Fed PAO issued
"Fed FAO issued
"Fed 1431 (Emergency) Order
"Fed CFP issued
"Fed CFP Consent Order/Decree w/penalty
"Fed CFP Default Judgement
"Fed Civil Case Referred to DOJ
"Fed Civil Case filed
"Fed Civil Case concluded
Fed Consent Decree/Judgement
Fed Default Judgement
Fed Injunction
Fed Temp Restrain Order/Prelim Injunc
"Fed Crim Case referred to DOJ
"Fed Crim Case filed EFV
"Fed Crim Case concluded EFW
*Fed Compliance achieved
*Fed Variance/Exemption issued
Fed Turbidity Waiver issued
*Fed No addtl Formal Action needed
*Fed Intentional no-action
Fed Unresolved
Fed Other
EIA
EIB
EIC
EID
EIE
EIF
EFG
EFH
EFJ
EFN
EFK
EF!
EFL
EF/
EF<
EF-
EF=
EF9
EFQ
EF%
EFR
EFS
EFT
EFU
EF&
EFV
EFW
EOX
EOY
EOZ
EO+
EO6
EOT
EOS
Appendix E-21
-------
H. Linking Enforcement and Follow-up Actions, and RTC to Violations
All responses to violations (e.g., informal follow-up actions, formal enforcement, RTC) must be
linked to the specific violations they address. The following describes the three appropriate ways in
which these responses may be linked to violations:
Associated Violation IDs (Y5000) - FY & VIOLATION ID NUMBER.
Entering the specific violation ID(s) to which the enforcement action is related will establish a
link between the enforcement record and each violation record matching the specific violation ID. If no
links are established (reported violation IDs are not found or matched in the data base) the enforcement
record will be posted to the data base and the link data will be rejected.2
Associated Violation Contaminant Groups (Z5000) - VIOLATION TYPE,
CONTAMINANT, MONITORING PERIOD BEGIN DATE
Entering the Radionuclides violation type code, the contaminant code and the monitoring period
begin date will establish a link between the enforcement action and all Radionuclides violations which
exactly match the enforcement link data. If no matches are found, the enforcement record will be
posted to the data base and the link data will be rejected.2
Associated J5000 Group (J5000) - VIOLATION TYPE, CONTAMINANT
CODE, MONITORING PERIOD BEGIN DATE, ENFORCEABLE
COMPLIANCE END DATE
Entering the ASSOCIATED J5000 GROUP data, which consists of Violation Type,
Contaminant Code or Rule Code, Monitoring Period Begin Date, and Projected Compliance End
Date, of those violations will establish a link between enforcement actions and violations.3 If the
violation record data exactly matches the specified ASSOCIATED J5000 GROUP, SDWIS/FED will
automatically establish a link between the enforcement record and that violation record. If no exact
matches are found, no links will be established, and the enforcement action will be rejected. J5000
cannot be used with EOX or SOX enforcements.
Corrections should be submitted to SDWIS/FED as soon as possible to provide the correct link data for
the violation-to-violation and enforcement-to-violation records.
Projected Compliance End Date can be the compliance due date associated with enforcement actions, or
some other defined end date in the future.
Appendix E-22
-------
The J5000 is only valid for long-term compliance issues and was intended for specific formal
enforcement actions such as administrative orders, civil referrals, bilateral compliance agreements, and
referrals to the Department of Justice. It is not intended for Notices of Violation, boil orders, etc. It is
not appropriate for linking RTC records to violation. It was designed to capture violations during
compliance periods where construction was required and additional violations would likely occur
between the issuance of the formal action and the construction completion or compliance achievement
date. If the system continues to have violations after the end date and the system has not RTC, the
addressed flag in the SNC/Exceptions Tracking System reverts to unaddressed and will be displayed
on the Management Tracking Report. This link method should be used cautiously. Again, it is not
appropriate for RTC.
The Y5000 transaction link is the preferred method for linking enforcement actions to
violations. Refer to the SDWIS/FED Data Entry Instructions for more detailed information on linking
violations.
The Z5000 transaction link is not recommended for linking enforcement actions to violations
and will be removed from SDWIS in the near future.
I. Public Notification
The Final Radionuclides Rule requires CWSs to provide a Tier 2 public notice (notice as soon
as possible, within 30 days) for MCL violations and failure to comply with variance and exemption
conditions. CWSs are to provide a Tier 3 public notice (annual notification) for M/R violations and
operations under a variance and exemption (40 CFR Part 141, Subpart Q, Appendix A).
Violations of the Radionuclides Rule and the Public Notification Rule are required to be linked.
Refer to the State Implementation Guidance for the Public Notification (PN) Rule for detailed
information on reporting violation information to the general public.
J. Significant Noncomplier (SNC)
EPA's Office of Enforcement Compliance Assurance (OECA) is in the process of developing
new guidance in an effort to update its significant noncomplier (SNC) definitions. However, at this
time, we will use the following definition to remain consistent with the Arsenic Rule and OECA draft
guidance.
Appendix E-23
-------
A system is characterized as a SNC if it has a violation result twice the MCL (30 pCi/L for
gross alpha, 10 pCi/L for combined radium-226 and radium-228, 60 |ig/L for uranium,
and 8 mrem/yr for man made beta particle and photon emitters).
A system monitoring once a year or more is characterized as a SNC if it fails to monitor or
report analytical results for radionuclides for two consecutive monitoring periods. A system monitoring
less than once a year is characterized as a SNC if it fails to monitor or report the analytical results for
radionuclides in one monitoring period.
Refer to the SDWIS/FED Data Entry Instructions and the SDWIS/FED Significant Non-
Compliance Specifications for more detailed information.
SNC Levels for Radionuclides
Contaminant Name
Combined Radium (-226 & -228)
Combined Uranium
Gross Alpha, Excluding Radon & Uranium
Man-Made Beta Particle & Photon
Emitters
Tritium
Strontium-90
Iodine-131
MCL
5pCi/L
30|ig/L
15 pCi/L
4 mrem/year
n/a
n/a
n/a
SNC
10 pCi/L
60|ig/L
30 pCi/L
8 mrem/year
n/a
n/a
n/a
Appendix E-24
-------
III. SDWIS/FED Data Transmittal
The Data Transfer Format (DTP) is the only format by which data can be entered into the
SDWIS/FED data base.
Each Data Transfer File record is 80 characters in length and has the following format:
Definition
Form ID
Qualifier 1
Qualifier 2
Qualifier 3
Action Code
Data Element Number
Data Value
Reserved for SDWIS/FED
Batch Sequence Number
Positions
1 -2
3 - 11
12- 18
19-25
26
27-31
32-71
72-74
75-80
Example
Dl
PWS-ID
VIOLATION-ID
D, I, or M*
Cnnnn
NNNNNN, where the batch
date with format MMDDYY
is suggested
D = DELETE, I = INSERT, and M = MODIFY
Appendix E-25
-------
FORM
ID
1-2
DATA ADDRESS
QUALIFIERS
QUAL 1 QUAL 2 QUAL 3
3-11 12-18 19-25
ACT.
CODE
26
DATA
ELEM.
NUM
27-31
DATA VALUE
32-71
N/A
72-74
Batch Sequence
Number
75-80
The following table presents the SDWIS/FED violation record data elements for reporting
Radionuclides Rule violations.
SDWIS/FED DTP C1100 - Violation Record Data Elements
DTP
Number
C101
cnoi
C1103
C1105
C1107
C1109
Format
Character 9
Character 7
Character 4
Character 2
Date 8 (YYYYMMDD)
Date 8 (YYYYMMDD)
Description
PWSID
Violation ID
Contaminant Code
Violation Type Code
Monitoring Period Begin Date
Monitoring Period End Date
Permissible Values
Must be included within
SDWIS/FED inventory
Characters 1 & 2 must be the
Federal fiscal year (FY) in which
the violation was issued by the
State or Federal agency
4000=Gross Alpha
401 0=Combined Radium
(-226&-22S)
4006=Combined Uranium
4101 =Man-Made Beta Particle
4102=Tritium
4174=Strontium-90
4264=Iodine-131
02=MCL, Average
03=M/R
06=Public Notice
08= Variance/Exemption
Date monitoring period begins
Date monitoring period ends
Appendix E-26
-------
SDWIS/FED DTP C1100 - Violation Record Data Elements
DTP
Number
C1123
C1125
C1131
C1143
Format
Decimal 6.9
Decimal 6.9
Character 1
Numeric 5
Description
Analysis Result
MCL Violated
Major Violation Indicator
Source/Entity ID
Permissible Values
Required for MCL violations
only; Must be > 0; Must be
reported in same unit as MCL
Required when primacy agency
has a different MCL than in the
Federal regulations
Required for M/R viols only;
Y = Yes, a major M/R violation
N = No, a minor M/R violation
Source/Entry ID must be
included within SDWIS/FED
inventory; OR blank
Note: SDWIS/FED DTF element Cl 111 - Monitoring Period Duration will not be stored in the SDWIS/FED database
and will not be acceptable in SDWIS/FED as of January 2003.
Appendix E-27
-------
The following table presents the SDWIS/FED Enforcement/Violation Link record data
elements for linking Radionuclides Rule violations to enforcement actions.
SDWIS/FED DTP C1200 - Enforcement/Violation Link Record Data Elements
DTP
Number
C1201
C1203
C1205
Y5000
Z5000
J5000
Format
Character 7
(YYNNNNN)
Date 8 (YYYYMMDD)
Character 3
Character 40
Character 40
Character 40
Description
Enforcement ID
Enforcement Action Date
Enforcement Action Type
Code
Enforcement Link to Violation
ID
Enforcement Link to Violation
Contaminant Group
Enforcement Link to Violation
J5000 Group
Permissible Values
Uniquely identifies a specific
enforcement action taken by a State or
Federal agency.
Characters 1 & 2 must be the Federal
fiscal year (FY) in which the
enforcement action was taken
Characters 3 through 7 contain a
unique identification number for each
enforcement action for the PWS for the
Federal fiscal year.
Calendar date on which an
enforcement action was taken by the
State or Federal agency against a
public water system
Refer to Section II-G of this document
or the SDWIS/FED Online Data
Dictionary for the listing of valid
action codes
The specific violation ID to which the
enforcement action is related
The associated violation contaminant
group data (violation type;
contaminant code; and
monitoring period begin date) of those
violations to be linked to an
enforcement action
The associated J5000 group data
(violation type;
contaminant code or rule code;
enforcement action begin date;
enforceable compliance date) of those
violations to be linked to an
enforcement action
Appendix E-28
-------
IV. Sources for Additional Information
Additional technical information on SDWIS/FED reporting information can be obtained by
contacting Valerie Love-Smith of the Infrastructure Program, Drinking Water Protection Division,
Office of Ground Water and Drinking Water at (202)-564-4630, or from the following resources:
SDWIS/FED Internet Site (www.epa.gov/safewater/sdwisfed/sdwis.htm).
SD WIS/FED Data Entry Instructions. July 23, 2001.
SDWIS/FED Online Data Dictionary. July 23, 2001.
SDWIS/FED Significant Non-Compliance Specifications. February 4, 2002.
Implementation Guidance for Radionuclides. March 2002.
Radionuclides Internet Site (www.epa.gov/safewater/rads/implement.html).
Radionuclides Final Rule. EPA-815-Z-00-006. December 7, 2000.
Radionuclides Rule: A Quick Reference Guide. EPA-816-F-01 -003. January 2001.
Technical Fact Sheet: Final Rule for (Non-Radon) Radionuclides in Drinking Water.
EPA-815-F-00-013. November2000.
State Implementation Guidance for Public Notification (PN) Rule. See
www. epa.gov/safewater/pn.html
Water Supply Guidance Manual. EPA-816-R-00-003. January 2000.
SDWIS/FED Regional Coordinators
Region 1
Josh Nemzer
617-918-1961
Region 3
Jackie Pine
215-814-5782
Region 5
Kris Werbach
312-886-6527
Region 7
Carolyn Mitchell
913-551-7187
Region 9
Mark Rathbun
415-744-1840
Region 2
Mark Rasso
212-637-3839
Region 4
Charlie O'Donnell
404-562-9762
Region 6
Andrew Waite
214-665-7332
Region 8
Rich Gomez
303-312-7073
Region 10
Jane Schuster
206-553-1096
Appendix E-29
-------
This page has been intentionally left blank.
Appendix E-30
-------
Appendix A
Monitoring, Reporting, and Compliance Determination Examples
Appendix E-31
-------
This page has been intentionally left blank.
Appendix E-32
-------
Example 1 - "Major" M/R Violation
On June 3, 2005, a "new" ground water (GW) system MD5234590 with one sampling site begins to
collect its four consecutive quarterly samples of gross alpha, radium-226, radium-228, and uranium
during the initial monitoring period of December 8, 2003, to December 31, 2007.1
Example 1 - Initial Monitoring Results
Gross Alpha
Radium-226
Radium-228
ladium
2267-228
Jranium
Quarter 1
6/03/05
7 ± 2 pCi/L
no sample
3 ± 2 pCi/L
-
IVS/L
Quarter 2
9/10/05
6 ± 2 pCi/L
2 ± 2 pCi/L
2 ± 2 pCi/L
4pCi/L
7,ig/L
Quarter 3
12/12/05
7 ± 1 pCi/L
1 ± 1 pCi/L
3 ± 2 pCi/L
4pCi/L
?H8^
Quarter 4
3/31/06
7 ± 2 pCi/L
2 ± 1 pCi/L
2 ± 2 pCi/L
4pCi/L
6|ig/L
Quarter 5
5/30/06
n/a
1 ± 2 pCi/L
3 ± 2 pCi/L
4pCi/L
n/a
Annual
Average
7pCi/L
-
-
4pCi/L
7n^L
Monitoring Schedule based upon Initial Monitoring Results:
Gross Alpha - The gross alpha annual average of 7 pCi/L (do not add or subtract the ± values) is
between the gross alpha DL (3 pCi/L) and l/2 the MCL; therefore, the system reduces monitoring for
gross alpha to one sample every six years (i.e., the next sample must be collected between 2008 and
2013).2
Combined Radium-226/228 - The combined radium (-226 & -228) annual average of 4 pCi/L (do not
add or subtract the ± values) is greater than 1A the MCL but less than the MCL. The system must
collect one sample every three years (next sample required between 2008 and 2010).3
'New CWS without acceptable historical data must collect four consecutive quarterly samples at all
sampling points as defined in 40 CFR 141.26(a)(l)(ii) and 141.26(a)(2)(i).
2States may allow CWS to reduce the future monitoring frequency to once every six years at each sampling
point as defined in 40 CFR 141.26(a)(3)(ii).
3States may allow CWS to reduce the future monitoring frequency to once every three years at each
sampling point as defined in 40 CFR 141.26(a)(3)(iii).
Appendix E-33
-------
Uranium - The uranium annual average of 7 |ig/L is less than 1A the MCL, thereby allowing the system
to reduce monitoring for uranium to one sample every six years (i.e., the next sample must be collected
between 2008 and 2013).
Violation Determination and Reporting:
The resultant rounded annual average of each contaminant is below the MCL, therefore, no MCL
violations are incurred. The system failed to collect a combined radium (-226 & -228) sample during
the monitoring period of 4/01/05 to 6/30/05. M/R violations are to be reported using the major and
minor severity indicators. A major M/R violation is defined as "no" samples were collected/reported
during the monitoring period. A minor M/R violation is defined as "some, but not all" samples were
collected/reported during the monitoring period. In this example the system failed to collect any
combined radium (-226 & -228) samples during the monitoring period and would therefore receive a
major M/R violation.
The State, reporting at the system level, would report the following violation information:
1 - Combined Radium (-226 & -228) Major M/R Violation incurred during the 1st quarter
(4/1/05 - 6/30/05)
Example 1 -Major M/R Violation Record
:i!01 0555111 Violation ID
! 1103 4010 Contaminant Code
! 1105 03 Violation Type Code
! 1107 20050401 Monitoring Period Begin Date
:i!09 20050630 Monitoring Period End Date
\ 1131 Y Maj or Violation Indicator
Appendix E-34
-------
The DTP transactions for this violation are:
Example 1 - SDWIS/FED DTP Transactions
Positions 1-2
Dl
Dl
Dl
Dl
Dl
Positions 3-11
MD5234590
MD5234590
MD5234590
MD5234590
MD5234590
Positions 12-18
0555111
0555111
0555111
0555111
0555111
Positions 19-25
Positions 26-31
IC1103
IC1105
IC1107
IC1109
IC1131
Positions 32-71
4010
03
20050401
20050630
Y
Appendix E-35
-------
Example 2 - MCL Violation
A GW system MD5234590 serving 1,510 people has been in operation since 1994. The system has
one sampling site (#34555). On July 17, 2004, the system starts collecting its four consecutive
quarterly samples of gross alpha, radium-226, radium-228 and uranium during the Rule initial
monitoring period of December 8, 2003 to December 31, 2007.4
Example 2 - Initial Monitoring Results
Gross Alpha
Radium-226
Radium-228
Radium-226/228
Uranium
Quarter 1
7/17/04
10 ± 2 pCi/L
1 ± 1 pCi/L
1 ± 1 pCi/L
2 ± 1 pCi/L
34|ig/L
Quarter 2
10/12/04
12±lpCi/L
1 ± 1 pCi/L
1 ± 1 pCi/L
2 ± 1 pCi/L
32|ig/L
Quarter 3
1/23/05
ll±2pCi/L
1 ± 1 pCi/L
1 ± 1 pCi/L
2 ± 1 pCi/L
31|ig/L
Quarter 4
4/07/05
13 ± 1 pCi/L
1 ± 1 pCi/L
1 ± 1 pCi/L
2 ± 1 pCi/L
30|ig/L
Annual
Average
12 pCi/L
-
-
2pCi/L
32|ig/L
Monitoring Schedule based upon Initial Monitoring Results:
Gross Alpha - The annual average of 12 pCi/L is greater than 1A the MCL but less than the MCL. The
system must collect a sample once every three years (next sample required between 2008 and 2010).
Combined Radium-226/228 - The annual average of 2 pCi/L is between the DL and /^ the MCL. The
system is allowed to reduce monitoring to one sample every six years (i.e., the next sample is due
between 2008 and 2013).
Uranium - The annual average of 32 |ig/L is greater than the MCL. The system must collect quarterly
samples until four consecutive quarterly results are less than or equal to the MCL, or the State specifies
a different monitoring frequency as part of a formal compliance agreement.5
4A CWS without acceptable historical data must collect four consecutive quarterly samples at all sampling
points as defined in 40 CFR 141.26(a)(2)(i).
540CFR141.26(a)(2)(iv).
Appendix E-36
-------
Violation Determination and Reporting:
After collecting four consecutive quarters of radionuclide data, the system can compute its running
annual average. The annual average for uranium (after rounding) is above the MCL, therefore, the
system would incur an MCL violation. The system collected all of its required radionuclide samples
and has incurred no M/R violations.
The State, reporting by sampling point, would report the following violation information:
1 - Uranium MCL Violation of 32 |ig/L incurred during qtr 4 (4/1/05 - 6/30/05)
cnoi
C1103
C1105
C1107
C1109
C1123
C1143
Fxamnle 7 - MCT
0555333
4006
02
20050401
20050630
32
34555
Violation RemrH
Violation ID
Contaminant Code
Violation Type Code
Monitoring Period Begin Date
Monitoring Period End Date
Analysis Result
Source/Entity ID*
*The Source/Entity ID must exist within SDWIS/FEDs inventory or the record(s) will be rejected [e.g.,
source/entity #34555 must already be defined as an entry point for this system (MD5234590) prior to
entering violation data].
The DTP transactions for this violation are:
Examole 2 - SDWIS/FED DTP Transactions
Positions 1-2
Dl
Dl
Dl
Dl
Dl
Dl
Positions 3-11
MD5234590
MD5234590
MD5234590
MD5234590
MD5234590
MD5234590
Positions 12-18
0555333
0555333
0555333
0555333
0555333
0555333
Positions 19-25
Positions 26-31
IC1103
IC1105
IC1107
IC1109
1C 1123
1C 1143
Positions 32-71
4006
02
20050401
20050630
32
34555
Appendix E-37
-------
Example 3 - Multiple Entry Points
A surface water (SW) system serving 5,332 people has been in operation since 1995. The system has
two sampling sites, identified as Samplesite-1 and Samplesite-2. At each sampling site, the system has
collected the last of its four consecutive quarterly radionuclide samples on March 23, 2007, during the
Rule initial monitoring period of December 8, 2004, to December 31, 2007.
Initial Annual Average Monitoring Results:
Samplesite-1 Samplesite-2
Gross Alpha = 10 pCi/L Gross Alpha = 4 pCi/L
Radium-226 = 1 pCi/L Radium-226 < 1 pCi/L
Radium-228 = 2 pCi/L Radium-228 < 1 pCi/L
Uranium = ND Uranium = ND
Monitoring Schedule based upon Initial Monitoring Results:
Samplesite-1
Gross Alpha - The annual average is greater than /^ the MCL but less than the MCL.
The system must collect a sample once every three years (next sample required
between 2008 and 2010).
Combined Radium-226/228 - The annual average is greater than 1A the MCL but less
than the MCL. The system must collect a sample once every three years.
Uranium - The annual average is less than the regulatory DL.6 The system must collect
a sample once every nine years (next sample must be collected between 2008 and
2016).7
Samplesite-2
Gross Alpha - The annual average is greater than the regulatory DL but less than 1A the
MCL. The system must collect a sample once every six years (next sample required
between 2008 and 2013).
Compliance is determined based upon the DLs as defined in 40 CFR 141.25(c)(l)(Table B). The Agency will
propose a DL for uranium in a future rule before the effective date of the Radionuclides Rule.
7States may allow CWSs to reduce the future monitoring frequency to once every nine years at each
sampling point as defined in 40 CFR 141.26(a)(3)(i).
Appendix E-38
-------
Combined Radium-226/228 - The annual average is less than the regulatory DL. The
system must collect a sample once every nine years.
Uranium - The annual average is less than the regulatory DL. The system must collect a
sample once every nine years.
The system collected all required radionuclide samples and had no MCL exceedances, therefore, the
system is in compliance with the Rule and has no violations to be reported to SDWIS/FED.
Appendix E-39
-------
Example 4 - MCL Violations at Multiple Entry Points
A GW system serving 3,862 people has been in operation since 1995. The system has two sampling
sites, identified as Samplesite-98775 and Samplesite-98766. The system has collected gross alpha
samples from a representative point in the distribution system for the three compliance periods under
the existing (1976) Radionuclides Rule (1992-1996, 1996-2000, 2000-2004). The system has been in
compliance with the existing Rule.
• The gross alpha levels have exceeded the trigger of 5 pCi/L
Radium-226 levels have not exceeded 3 pCi/L, so the system has been
in compliance with the existing Rule.
• The system does not collect any radium-228 samples prior to the
effective date of the Radionuclides Rule.
The State has made a written finding that the samples collected from the distribution system during the
2000-2004 compliance period under the existing Rule are representative of both entry points and
allows the system to grandfather the gross alpha and radium-226 data (gross alpha = 10 ± 1 pCi/L, and
radium = 3 ± 1 pCi/L). The system decides not to use gross alpha as a surrogate for uranium. The
system starts collecting quarterly samples for radium-228 and uranium beginning September 3, 2006, at
each sampling point, since they did not have grandfatherable data for these two contaminants.
Example 4 - Initial Monitoring Results
ladium 228 (SS-98775)
ladium 226/228 (SS-98775)
Uranium (SS-98775)
ladium 228 (SS-98766)
ladium 226/228 (SS-98766)
Uranium (SS-98766)
Quarter 1
9/3/06
6pCi/L
9pCi/L
ND
4pCi/L
7pCi/L
35 ,ig/L
Quarter 2
12/19/06
5pCi/L
8pCi/L
ND
4pCi/L
7pCi/L
38|ig/L
Quarter 3
3/07/07
4pCi/L
7pCi/L
waived8
4pCi/L
7pCi/L
40|ig/L
Quarter 4
6/16/07
3pCi/L
6pCi/L
waived8
4pCi/L
7pCi/L
38|ig/L
Annual
Average
—
8pCi/L
ND
7pCi/L
38|ig/L
8States may waive the final two quarters of initial monitoring if the results of the first two quarters are below
the DL. The system is then required, under the reduced monitoring requirements, to sample once every nine years
(40CFR141.26(a)(2)(iii)).
Appendix E-40
-------
Quarterly combined radium (-226 & -228) results were calculated by adding the grandfathered
radium-226 result of 3 pCi/L to the quarterly radium-228 sample results.
Monitoring Schedule based upon Initial Monitoring Results:
Samplesite-98775
Gross Alpha - The grandfathered result of 10 pCi/L is greater than 1A the MCL but less
than the MCL. The system must collect a sample once every three years (i.e., the next
sample must be collected between 2008 and 2010).
Combined Radium-226/228 - The annual average of 8 pCi/L is greater than the MCL.
The system must collect quarterly samples until four consecutive quarterly results are
less than or equal to the MCL, or until the State specifies a different monitoring
frequency as part of a formal compliance agreement.
Uranium - Uranium was not detected at this entry point. The system must collect a
sample once every nine years (i.e., the next sample must be collected between 2008
and 2016).
Samplesite-98766
Gross Alpha - The grandfathered result of 10 pCi/L is greater than /^ the MCL but less
than the MCL. The system must collect a sample once every three years (i.e., the next
sample must be collected between 2008 and 2010).
Combined Radium-226/228 - The annual average of 7 pCi/L is greater than the MCL.
The system must collect quarterly samples until four consecutive quarterly results are
less than or equal to the MCL, or until the State specifies a different monitoring
frequency as part of a formal compliance agreement.
Uranium - The annual average of 38 |ig/L is greater than the MCL. The system must
collect quarterly samples until four consecutive quarterly results are less than or equal
the MCL, or until the State specifies a different monitoring frequency as part of a formal
compliance agreement.
Appendix E-41
-------
Violation Determination and Reporting:
If Reporting Violations by System:
1 - Combined Radium (-226 & -228) MCL Violation of 8 pCi/L for the 4th qtr at Samplesite-
98775
1 - Uranium MCL Violation of 38 |ig/L 4th qtr at Samplesite-98766
(Even though both entry points had MCL violations for combined radium (-226 & -228) during the
same monitoring period, the State only has to report the highest concentration for each contaminant for
each monitoring period, if reporting at the system level.)
The DTP transactions for this violation are:
Example 4 - SDWIS/FED DTP Transactions (by System)
Positions
1-2
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Positions
3-11
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
Positions
12-18
0755444
0755444
0755444
0755444
0755444
0755555
0755555
0755555
0755555
0755555
Positions
19-25
Positions
26-31
IC1103
IC1105
IC1107
IC1109
1C 1123
IC1103
IC1105
IC1107
IC1109
1C 1123
Positions
32-71
4010
02
20070401
20070630
8
4006
02
20070401
20070630
38
Appendix E-42
-------
If Reporting Violations by Sampling Point: The State has to report three MCL violations.
1 - Radium-226/228 MCL Violation of 8pCi/L for the 4th qtr at Samplesite-98775
1 - Radium-226/228 MCL Violation of 7pCi/L for the 4th qtr at Samplesite-98766
1 - Uranium MCL Violation of 38 |ig/L for the 4th qtr at Samplesite-98766
Example 4 - SDWIS/FED DTP Transactions (by Sampling Point)
Positions
1-2
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Positions
3-11
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
Positions
12-18
0755444
0755444
0755444
0755444
0755444
0755444
0755555
0755555
0755555
0755555
0755555
0755555
0755666
0755666
0755666
0755666
0755666
0755666
Positions
19-25
Positions
26-31
IC1103
IC1105
IC1107
IC1109
1C 1123
1C 1143
IC1103
IC1105
IC1107
IC1109
1C 1123
1C 1143
IC1103
IC1105
IC1107
IC1109
1C 1123
1C 1143
Positions
32-71
4010
02
20070401
20070630
8
98775
4010
02
20070401
20070630
7
98766
4006
02
20070401
20070630
38
98766
Appendix E-43
-------
Example 5 - M/R Violation Determination at Multiple Entry Points
SW system #MD4001320 samples for combined radium, which has an MCL of 5 pCi/L. The samples
are taken from three different sampling points within the system.
A major M/R violation is defined as "no" samples collected/reported during the monitoring period. A
minor M/R violation is defined as "some, but not all" samples collected/reported during the monitoring
period.
Example 5 - Monitoring Results
Quarter 1
Quarter 2
Quarter 3
Quarter 4
Quarter 5
Quarter 6
Quarter 7
Quarter 8
Monitoring Period
7/1/04 - 9/30/04
10/1/04-12/31/04
1/1/05-3/31/05
4/1/05 - 6/30/05
7/1/05 - 9/30/05
10/1/05-12/31/05
1/1/06-3/31/06
4/1/06 - 6/30/06
EP-1
sampled
no sampling
sampled
sampled
sampled
N/A
N/A
N/A
EP-2
sampled
no sampling
no sampling
sampled
sampled
sampled
N/A
N/A
EP-3
sampled
no sampling
no sampling
no sampling
sampled
sampled
sampled
N/A
Note: Monitoring is completed at EP-1 by the end of the 5th quarter, at EP-2 by the end of the 6
quarter, and at EP-3 by the end of the 7th quarter.
Appendix E-44
-------
If reporting violations by system:
- One major M/R violation during quarter 2.
- One minor M/R violation during quarter 3.
- One minor M/R violation during quarter 4.
- No violations during quarters 1, 5, 6, 7, or 8.
Example 5 - SDWIS/FED DTP Transactions (by System)
Positions
1-2
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Positions
3-11
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
Positions
12-18
0555444
0555444
0555444
0555444
0555444
0555555
0555555
0555555
0555555
0555555
0555556
0555556
0555556
0555556
0555556
Positions
19-25
Positions
26-31
IC1103
IC1105
IC1107
IC1109
IC1131
IC1103
IC1105
IC1107
IC1109
IC1131
IC1103
IC1105
IC1107
IC1109
IC1131
Positions
32-71
4000
03
20041001
20041231
Y
4000
03
20050101
20050331
N
4000
03
20050401
20050630
N
If reporting violations by sampling point:
- Three major M/R violations (one at each entry point) during quarter 2.
- Two major M/R violations (one each at entry points 2 and 3) during quarter 3.
- One major M/R violation (at entry point 3) during quarter 4.
- No violations at any entry point during quarters 1, 5, 6, 7, or 8.
Appendix E-45
-------
Example 5 - SDWIS/FED DTF Transactions (by Sampling Point)
Positions 1-2
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Positions 3-11
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
MD5612950
Positions 12-18
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555444
0555555
0555555
0555555
0555555
0555555
0555555
0555555
0555555
0555555
0555555
0555555
0555555
0555556
0555556
0555556
0555556
0555556
0555556
Positionsl9-25
Positions 26-31
IC1103
IC1105
IC1107
IC1109
IC1131
IC1143
IC1103
IC1105
IC1107
IC1109
IC1131
IC1143
IC1103
IC1105
IC1107
IC1109
IC1131
IC1143
IC1103
IC1105
IC1107
IC1109
IC1131
IC1143
IC1103
IC1105
IC1107
IC1109
IC1131
IC1143
IC1103
IC1105
IC1107
IC1109
IC1131
IC1143
Positions 32-71
4000
03
20041001
20041231
Y
1
4000
03
20041001
20041231
Y
2
4000
03
20041001
20041231
Y
3
4000
03
20050101
20050331
Y
2
4000
03
20050101
20050331
Y
3
4000
03
20050401
20050630
Y
3
Appendix E-46
-------
Example 6 - M/R Violation while on Reduced Monitoring
GW system #MD5234577 with one sampling site completed its initial radionuclides monitoring on
November 10, 2005. The system was placed on a reduced monitoring schedule of one sample every
six years for gross alpha, combined radium (-226 & -228), and uranium. On December 31, 2013, the
system obtained the following sample results:
Monitoring Results:
Gross Alpha = 7 ± 2 pCi/L
Uranium = 7 |ig/L
Monitoring Schedule:
Gross Alpha - The gross alpha value of 7 pCi/L is between the gross alpha DL (3 pCi/L) and /^ the
MCL; therefore, the system continues to monitor for gross alpha once every six years (i.e., the next
sample must be collected between 2014 and 2019).
Uranium - The uranium value of 7 |ig/L is less than 1A the MCL, and the system is allowed to continue
reduced monitoring for uranium at once every six years (i.e., the next sample must be collected between
2014 and 2019).
Violation Determination and Reporting:
Combined Radium-226/228 - The system failed to collect a combined radium (-226 & -228) sample
during the monitoring period of 1/01/08 to 12/31/13.
The State, would report a major M/R Violation for combined radium (-226 & -228) incurred during
the six-year monitoring period of 1/01/08 to 12/31/13.
The DTP transactions for this violation are:
Example 6 - SDWIS/FED DTP Transactions
Positions 1-2
Dl
Dl
Dl
Dl
Dl
Positions 3-11
MD5234577
MD5234577
MD5234577
MD5234577
MD5234577
Positions 12-18
1400111
1400111
1400111
1400111
1400111
Positions 19-25
Positions 26-31
IC1103
IC1105
IC1107
IC1109
IC1131
Positions 32-71
4010
03
20080101
20131231
Y
Appendix E-47
-------
Example 7 - MCL Violation Determination
GW system #MD4782412 samples for combined radium, which has an MCL of 5 pCi/L. The system
has one sampling point.
Example 7 - Monitoring Results
Quarter 1
Quarter 2
Quarter 3
Quarter 4
Quarter 5
Quarter 6
Quarter 7
Quarter 8
Monitoring Period
7/1/04 - 9/30/04
10/1/04-12/31/04
1/1/05-3/31/05
4/1/05 - 6/30/05
7/1/05 - 9/30/05
10/1/05-12/31/05
1/1/06-3/31/06
4/1/06 - 6/30/06
Result
6pCi/L
7pCi/L
7pCi/L
5pCi/L
IpCi/L
10 pCi/L
3pCi/L
8pCi/L
MCL Violated
No
No
No
Yes
No
Yes
No
Yes
Rounded Annual
Average
N/A
N/A
N/A9
6pCi/L
5pCi/L
6pCi/L
5pCi/L
6pCi/L
If reporting violations by system OR sampling point:
- One MCL violation during quarter 4.
- One MCL violation during quarter 6.
- One MCL violation during quarter 8.
- No violations during quarters 1, 2, 3, 5 or 7.
9Note: At the end of quarter 3, the running annual average was equal to 5 pCi/L, which was at but not above
the MCL, so no violation was incurred.
Appendix E-48
-------
Example 8 - Annual Average Determination
GW system #MD4782412 samples for combined radium, which has an MCL of 5 pCi/L. The system
has one sampling point.
Example 8 - Monitoring Results
Quarter 1
Quarter 2
Quarter 3
Quarter 4
Quarter 5
Quarter 6
Quarter 7
Quarter 8
Monitoring Period
7/1/04 - 9/30/04
10/1/04-12/31/04
1/1/05-3/31/05
4/1/05 - 6/30/05
7/1/05 - 9/30/05
10/1/05-12/31/05
1/1/06-3/31/06
4/1/06 - 6/30/06
Result
24 pCi/L
6pCi/L
2pCi/L
4pCi/L
2pCi/L
10 pCi/L
9pCi/L
3pCi/L
MCL Violated
Yes
Yes
Yes
Yes
No
No
Yes
Yes
Rounded Annual
6 pCi/L*
8 pCi/L*
8 pCi/L*
9pCi/L
4pCi/L
5pCi/L
6pCi/L
6pCi/L
* During quarters 1, 2, and 3, the system had quarterly results that were so great that they caused the
system to be in violation before the annual compliance period was complete.10
If reporting violations by system OR sampling point:
- One MCL violation during quarter 1.
- One MCL violation during quarter 2 .
- One MCL violation during quarter 3 .
- One MCL violation during quarter 4 .
- One MCL violation during quarter 7 .
- One MCL violation during quarter 8.
- No violations during quarters 5 or 6.
10The system is out of compliance immediately, if any sample result causes the running annual average to
exceed the MCL as stated in 40 CFR 141.26(c)(3)(ii).
Appendix E-49
-------
Example 9 - MCL Violations & RTC
System with MD1011100 has one sampling site (#1). While on reduced monitoring, sample results
exceeded the radium-226/228 MCL of 5 pCi/L, so the system was placed on quarterly monitoring for
radium 226/228.n
Example 9 - Monitoring Results
Quarter 1
Quarter 2
Quarter 3
Quarter 4
Quarter 5
Quarter 6
Quarter 7
Quarter 8
Quarter 9
Quarter 10
Monitoring Period
7/1/08 - 9/30/08
10/1/08-12/31/08
1/1/09-3/31/09
4/1/09 - 6/30/09
7/1/09 - 9/30/09
10/1/09-12/31/09
1/1/010-3/31/10
4/1/10-6/30/10
7/1/10-9/30/10
10/1/10-12/31/10
Result
OpCi/L
6pCi/L
16 pCi/L
6pCi/L
OpCi/L
OpCi/L
6pCi/L
8pCi/L
2pCi/L
IpCi/L
MCL Violated
No
No
Yes
Yes
Yes
Yes
No
No
No
No
Rounded Annual
N/A*
N/A*
6 pCi/L*
7 pCi/L*
7 pCi/L*
6 pCi/L*
3 pCi/L*
4 pCi/L*
4 pCi/L*
4pCi/L
* Values of zero are used to calculate the running annual average when the result is less than the DL.
12
1 'if a monitoring result exceeds the MCL while on reduced monitoring, the system must collect and analyze
quarterly samples at that sampling point until results from four consecutive quarters are below the MCL as stated in
40 CFR 141.26 (a)(3)(v).
1240CFR141.26(c)(3)(v).
Appendix E-50
-------
Example 9 - SDWIS/FED DTP Violation Transactions
Positions 1-2
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Dl
Positions 3-11
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
MD101110
Positions 12-18
0910001
0910001
0910001
0910001
0910001
0910001
0910001
0910001
0910001
0910001
0910001
0910001
0910001
0910001
0910001
0910003
0910003
0910003
1010004
1010004
1010004
1010004
1010004
1010004
Positions 19-25
Positions 26-31
IC1103
IC1105
IC1107
IC1109
1C 1123
1C 1143
IC1103
IC1105
IC1107
IC1109
1C 1123
1C 1143
IC1103
IC1105
IC1107
IC1109
1C 1123
1C 1143
IC1103
IC1105
IC1107
IC1109
1C 1123
1C 1143
Positions 32-71
4010
02
20090101
20090331
6
00001
4010
02
20090401
20090630
7
00001
4010
02
20090701
20090930
7
00001
4010
02
20091001
20091231
6
00001
Appendix E-51
-------
Because the running annual averages for quarters 7, 8, 9, and 10 are below the MCL, the State
determines that the system has returned to compliance as of 12/31/10 for these violation. The State
reports the RTC properly linked to the violations using the preferred Y5000 linking method:
Example 9 - SDWIS/FED DTP RTC Transactions
Positions 1-2
El
El
El
Positions 3-11
MD1011100
MD1011100
MD1011100
Positions 12-18
1100001
1100001
1100001
Positions 19-25
Positions 26-31
IC1203
IC1205
IY5000
Positions 32-71
20101231
SOX
1010004
Alternatively, the State could have reported the RTC via the Z5000 linking method:
Positions 1-2
El
El
El
Positions 3-11
MD1011100
MD1011100
MD1011100
Positions 12-18
1100001
1100001
1100001
Positions 19-25
Positions 26-31
IC1203
IC1205
IZ5000
Positions 32-71
20101231
SOX
2401020090101
Appendix E-52
-------
Example 10 - Compliance Determination
GW system MD5234590 serving 1,510 people has been in operation since 1994. The system only has
one sampling site. The system has collected gross alpha samples for two compliance periods under the
existing Radionuclides Rule (1992-1996, 1996-2000). The average gross alpha value for these
periods was 4 pCi/L, so no radium-226 or radium-228 monitoring was required under the 1976
regulations. The State has informed the system that the Rule will not be effective until December 8,
2003. The State tells the system that if it collects samples for gross alpha, radium-226, and radium-
228, and uranium between June 2000 and December 8, 2003, then it may be able to grandfather this
data and not be subject to the initial quarterly monitoring requirements. The system collects samples for
gross alpha, radium-226 and radium-228 on July 17, 2002, at its sampling point. Since all previous
gross alpha results were less than 15 pCi/L, the system elects to use gross alpha as a surrogate for
uranium.
July 17. 2002. Results:13
Gross Alpha = 4 ± 1 pCi/L
Radium-226 = 1 ± 1 pCi/L
Radium-228 = 2 ± 1 pCi/L
Uranium = Not measured. The gross alpha value of 4 ± 1 is used as a surrogate for uranium.
The system is in compliance with the existing Rule for the 2000-2004 compliance period (i.e., 1976
regulations). When the revised Radionuclides Rule becomes effective December 8, 2003, the system
will be able to grandfather these data for the initial monitoring period of December 8, 2003, to
December 31,2007.
Monitoring Schedule:
Gross Alpha - The result is greater than the DL but less than 1A the MCL. The system must collect a
sample once every six years (i.e., the next sample is due between 2008 and 2013).
Combined Radium (-226 & -228^ - The result is greater than Y2 the MCL but less than the MCL. The
system must collect one sample every three years (i.e., the next sample is due between 2008 and
2010).
Uranium - Using gross alpha as a surrogate for uranium, the system assumes a value of 4 pCi/L. Since
the gross alpha value is less than l/2 the MCL for uranium, an activity to mass ratio of 1:1 is assumed
and a value of 4|ig/L is used for determining reduced monitoring for uranium (40 CFR 141.26(a)(5).
Since 4 |ig/L is between the DL and 1A the MCL, the system is allowed to reduce monitoring for
uranium to one sample every six years (i.e., the next sample is due between 2008 and 2013).
13The Agency is encouraging systems to monitor early to ensure sufficient time for contingency planning.
Appendix E-53
-------
Example 11 - Using Grandfathered Data
GW system MD5234590 serving 1,510 people has been in operation since 1994. The system has one
sampling site (#34555). The system has collected gross alpha and radium-226 samples for two
compliance periods under the existing Radionuclides Rule (1992-1996, 1996-2000). The State has
informed the system that the revised Rule will not be effective until December 8, 2003. The State tells
the system that if it collects samples for gross alpha, radium-226, radium-228, and uranium between
June 2000 and December 8, 2003, then it may be able to grandfather these data and not be subject to
the initial quarterly monitoring requirements. Since all previous gross alpha results were less than 15
pCi/L, the system elects to use gross alpha as a surrogate for uranium. The system collects samples for
gross alpha, radium-226, and radium-228 on July 17, 2002, at its sampling point.
Results:
Gross Alpha = 12 ± 1 pCi/L
Radium-226 = 3 ± 1 pCi/L
Radium-228 = 6 ± 1 pCi/L14
Monitoring Schedule:
Gross Alpha - The result of 12 pCi/L is greater than 1A the MCL but less than the MCL. The system
must collect a sample once every three years (the next sample is required between 2008 and 2010).
Combined Radium (-226 & -228} - The result of 9 pCi/L is greater than the MCL; therefore, these
results do not satisfy the initial monitoring requirements. The system must collect four consecutive
quarterly samples at its sampling point during the initial compliance period of December 8, 2003, to
December 31, 2007.15
Uranium - Using gross alpha as a surrogate, the system assumes a value of 12 pCi/L. Since the gross
alpha value is less than 1A the MCL for uranium, an activity to mass ratio of 1:1 is assumed and a value
of 12 |ig/L is used for determining reduced monitoring. Since 12 jig/L is below /^ the MCL, the system
is allowed to reduce monitoring for uranium to one sample every six years (the next sample is required
between 2008 and 2013).
The system is in compliance with the current Rule. The State does not need to report any violations to
SDWIS/FED.
14Since the system was not required to monitor for radium-228 under the existing Rule, the system would not
receive a combined radium 226/228 violation.
15CWSs without acceptable historical data must collect four consecutive quarterly samples at all sampling
points as defined in 40 CFR 141.26(a)(2)(i).
Appendix E-54
-------
Example 12 - More on Grandfathered Data
GW system MD5234590 serving 1,510 people has been in operation since 1994. The system only has
one sampling site. The system has collected gross alpha and radium-226 samples for two compliance
periods under the existing Radionuclides Rule (1992-1996, 1996-2000). The State has informed the
system that the revised Rule will not be effective until December 8, 2003. The State tells the system
that if it collects samples for gross alpha, radium-226, radium-228, and uranium between June 2000
and December 8, 2003, then it may be able to grandfather these data and not be subject to the initial
quarterly monitoring requirements. The system collects samples for gross alpha, radium-226, radium-
228, and uranium on August 3, 2001, at its sampling point.
Augusts. 2001. Results:
Measured gross alpha = 41 ± 1 pCi/L
Gross alpha (excluding uranium) = 41 pCi/L - 29 pCi/L =12 pCi/L
Radium-226 = < 1 pCi/L
Radium-228 = < 1 pCi/L
Uranium = 32 |ig/L and 29 ± 3 pCi/L (mass spec)
The system is in compliance with the existing Rule for the 2000-2004 compliance period (i.e., 1976
regulations). When the revised Radionuclides Rule becomes effective December 8, 2003, the system
will be able to grandfather these data for the initial monitoring period of December 8, 2003, to
December 31,2007.
Monitoring Schedule:
Gross Alpha - For determining compliance with the gross alpha MCL, uranium should be excluded
from the calculation (41 pCi/L - 29 pCi/L = 12 pCi/L). After subtracting out uranium, gross alpha is
greater than 1A the MCL but less than the MCL. Therefore, the system must collect a sample once
every three years (i.e., the next sample must be collected between 2008 and 2010).
Combined Radium (-226 & -228^ - The result is less than the regulatory DL of 1 pCi/L. The system
must therefore collect a sample once every nine years (i.e., the next sample must be collected between
2008 and 2016).
Uranium - The result is greater than the MCL, but the uranium MCL is not effective until December 8,
2003. Legally, the system is in compliance with the current Rule. When the revised Rule becomes
effective it will not be in violation of the Rule, but the EPA is encouraging States to ensure these systems
are in compliance by the effective date of the revised Rule. Since the uranium results exceed the MCL,
the system must conduct four consecutive quarters of monitoring for uranium during the initial monitoring
period of December 8, 2003, to December 31, 2007.
Appendix E-55
-------
This page has been intentionally left blank.
Appendix E-56
-------
Appendix F
Statement of Principles-
Guidance on Audit Law
Issues
-------
This page has been intentionally left blank.
Appendix F-2
-------
STATES ENVIRONMENTAL PROTECT! ON AGENCY
WASHINGTON, Q.C.
14 IS37
MFMORAVDIiM
SUBJECT:
TO:
FROM:
Statement of Principles
Effect of State Audit Immuniiy/Frivtlefis
On ertfotcemejit Authority for Federal
Regior.il Administrators
Steven A. Henna
Assistant Adniiaist&iQr,, OEClA,
Robert Pexciascpe
AssislaPt
Mary Nichols
Assistant Admmi:
Timothy Fields
Acting Assistant Ad
OSWER
Under federal law, states must have adequate authority to enforce the Ecquirenients of any
federal programs they are authorized to administer. Some state audit immunity/privilege Saws
place restrictions cm the ability of states to obtain penalties and injunetrve relief for violations of
federal program requirements, or to obtain informstion. ttiaf may be needed to determine
compliance status. This statement of principles reflects EPA's oriantHtion to approving new state
programs or program modifications in the face of state audit laws that restrict state enforcement
and information gathering authority. While such state laws may laise questions about other
federal program requirements, this statement is limited to the qucstioa of whsn enforcement and
information- gathering authority may be considered ftdetpiate for the purpose of approving or
delegating programs in States *itll audit privilege or immntilty laws,
Appendix F-3
-------
I. Audit Immunity Law?
Federal law and regulation requires states 'to have authority to obtain iajuucttve relief, and
civil and crimiaal penalties for any violation of program rcquircaMate. In detenniiiiiag wHether
to authorize or approve a program or program modification in a state with an audit immunity
taw, EPA must consider whwther the state's enforcement authority meets federal program
• requirements, To mamtain such authority while at tic same time ;?rovidljig incentives for self-
policing in appropriate circumstances, states should rely oa policies rathe* than essact statutory
immunities for any violations, However, in determining whether these requirements are met in
states with laws pertaining to voluntary auditing,, EPA will be pariculaiiy concerned, among
other factors, with whether the state has the ability to;
1 ) Obtain immediate and complete injunetrve relief;
2) Recover civit penalties for:
i) significant economic benefit;
ii) repeat violations and violations of judicial or administrative orders;
'j
iii) serious harm,;
iv) activities that may present LmmineDdt & substantial endangermeat,
3} Obtain criminal -fujfts/sanctions for wilful sad knowing violations of federal law, and
in additioa for violations that result from gross negligence under the Clean Water Act
The presumption is that each of these authorities must be present at a minimum before the state's
enforcement authority may be considered adequate. However, other factors in the statute may
eliminate or so narrow the scope of penalty immunity to the point where EPA's 'conccmg are
tact. For esample:
1)' The [nunuaity provided by the statute may be limited to minor violations and contain
other restrictions that sharply limit its applicability to federal
2) The statute may include explicit provisions that make ,t inapplicable to federal
programs.
n. Audit Privilege Laws
Adequate civil and criminal enforwcwut audiority means that the state must have die
ability to obtain information needed to identify ncacQCftpUance J.nd Criminal conduct. In
Appendix F-4
-------
er to authorize or approve a program or program- modification in a state with
an audit privilege litw, EPA expsKts the state to:
I} retain information gathering authority it is required to have under the Specific,
requirements of regulations governing authorized or delegated programs;
2) avoid making the privilege applicable to criminal investigations, grand jury
proceedings, sad prosecutions, or exempt evidence of criminal conduct from the scope of
privilege;
3) preserve the right of the public to obtain Ja&nnatiOTi about nooxxunpliancei, report
violations and bring enforcement actions for violations of federal environmental law. For
example, sanctions for whistleblowera or state laws that prevent citizens from obtaining
information .about nonoomptiancc to which they sue entitled under federal law appear to
be inconsistent with this
IDL Applicability of Principles
It is important for E?A to clearly cormnuaitato its position to state and to interpret the
requirements for enforcement authority consistently. According! y, these principles will be
' applied in reviewing whether enforcement authority is adequate under the following programs:
I) National Pollutant Discharge Elimination System (NPDES), PretrcataicQt and
Wetlands programs under the Clean Water Act;
2) Public Water Supply Systems and Underground Injection Control programs under the
Safe Drinking Water Act;
3) Hazardous Waste (Subtitle C) and Underground Storage Tank (Subtitle I) programs
under the Resource Conservation Recovery Act;
4) Title V, New Source. Performance'Standards, National Emission Standards for
Hazardous Air Pollutants, and New Source Review Programs under the Clean Air Act.
These principles are subject to three important qualifications:
1) While these principles will be consistently applied in reviewing stats enforcement
authority under federal programs, state laws vary in their detail. It will be important to
scrutinize the provisions of such statutes closely in determining whether enforcement
authority ts provided,
2) Many provisions of state law way be ambiguous, and :.t will generally be important to
obtain in opinion from the state Attorney General regarding the meaning of the state law
Appendix F-5
-------
and the effect of ike state's law go its snfbrcemeat authority as IL is awtlincd in these
principles. Depending on its conclusions, EPA may determine that tht Attorney
GcneraJ's opiiott is sufficient to establish (bat tb
-------
Appendix G
Rule Presentations
-------
This page has been intentionally left blank.
Appendix G-2
-------
A Guide to the *
Radionuclides Rule
65 Federal Register 76708
December 7, 2000 0
VIII-1
Radionuclides: Summary of
Agenda
t /
Introduction to new rule requirements
Provide justification for Agency
decisions
Identify rule flexibility's and burden
reduction
Implementation tools
VIII-1
Appendix G-3
-------
Training Structure
Part 1
• Gross alpha
. Radium-226/228
• Uranium
Part 2
• Beta and Photon
emitters
VIII-1
Radionuclides Introduction:
Major Points
Summary of 2000 Final Rule
requirements
Comparison of 1976 vs. 2000 Rules
Health benefits
Occurrence and likely sources
Critical dates
VIII-1
Appendix G-4
-------
The Final Radionuclides Rule
Sets an MCL for:
. Uranium (30 |jg/L)
Retains the existing
MCLs for:
. Radium-226/228
• 5 pCi/L
• Gross alpha particle
radioactivity
• 15 pCi/L
• Beta particle and photon
activity
» 4 mrem/yr
Revises monitoring
requirements
• Standardized
monitoring
framework
Applies to all CWSs
VIII-1
Rule Comparison
Provision
MCLG
Uranium
MCL
Monitoring
baseline
Beta
Particle &
Photon
Emitters
1976 Rule
None
Not Regulated
4 quarterly measurements
> 1/2 MCL? 4 samples/4 yrs
< 1/2 MCL? 1 sample/4 yrs.
Surface water systems >
100,000 & vulnerable systems
screen at 50 pCi/L. Vulnerable
Contaminated systems screen at
15pCi/L.
2000 Final Rule
(Effective 12/03)
MCLG = 0
30|ig/L
Standardized
Monitoring
Framework.
Vulnerable systems
screen at 50 pCi/L.
Contaminated
systems screen at 15
pCi/L.
VIII-6
Appendix G-5
-------
Rule Comparison: GA and Ra-226/228
-fu-
1976
Rule
Monitor for Gross Alpha
If Gross Alpha
> 5 pCi/L
2000 Final Rule
Monitor for Ra-226
Alpha Emitter
Monitor for Ra-228
Beta Emitter
Requires Monitoring:
• Gross Alpha
• Radium-226
• Radium-228
•Uranium
Ra 226 +
Ra228
Ra 226 +
Ra228
VIII-1
•
I
I • • v^
•-». i
*
Uranium
Reduces toxic kidney
effects from uranium
Reduces risk of
bladder cancer
Other Rads
• Reduces risk of
cancer
Reduces kidney and
liver toxin
VIII-1
Appendix G-6
-------
Likely Sources
Naturally Occurring
Sources
• Regions
» Piedmont - East Coast
» Continental Shield - GL
» Mountainous regions
» Coastal Plains - TX
• Geological
» Granitic formations
» Sandstone aquifers
» Shales
» Phosphate deposits
Man-Made Sources
• Mining
• Nuclear weapons
• Nuclear power plants
• Hospitals/Medical
treatments
• Industry
» Laboratories
» Pharmaceuticals
VIII-1
Important Dates
12/8/03
Rule Effective Date
Initial Monitoring Begins
12/7/00
Final Rule
6/00 to 12/8/03
Data Eligible
for Grandfathering
09/02
States goal to submit final
primacy package
12/31/07
Initial Monitoring
Ends
12/02
States must submit complete
and final primacy application
Appendix G-7
-------
Gross Alpha Particle
Activity
Combined Radium-
226/228
Uranium
VIII-1
Radionuclides Monitoring:
Major Points
Standardized monitoring framework
Initial, reduced, and increased
monitoring requirements
Grandfathered data
Compliance determination
VIII-1
Appendix G-8
-------
Initial Monitoring
Gross Alpha, Ra-226, Ra-228 and Uranium
December 31, 2007
4 consecutive
quarterly samples at
each EPTDS
Waiver
• Last 2 quarters
Compositing
Grandfathered Data
Gross Alpha, Ra-226, Ra-228 and Uranium
we
Primacy Agency may allow data
between 6/00 - 12/08/03 to satisfy the initial
monitoring requirements if:
• Samples were collected at each EPTDS
• The system has a single EPTDS and samples were
collected from the distribution system
• The system has multiple EPTDS and samples were
collected from the distribution system but the
Primacy Agency must make a written finding that
the data are representative of all EPTDS
VIII-1
Appendix G-9
-------
Standardized Monitoring Framework - Radionuclides
Compliance
Period
2002-2004
Grandfather
Data
6/00 12/8/03
|
Compliance
Period
2005-2007
Initial
Monitoring
2003 2007
A
Monitoring
Results
< Detect
Limit
> Detect
Limit but <
VzMCL
> 1A MCL
butMCL || A AIAHAIAIAH AIAIA
REMEMBER
Increased/Decreased Monitoring and
Compliance are based on the:
Combined Value of
Radium-226 and Radium 228
Ra226 + Ra228
VIII-1
Appendix G-10
-------
Increased Monitoring
Gross Alpha, Ra-226, Ra-228 and Uranium
A system can remain on a monitoring
schedule only if the sampling results support
the schedule
MCL Exceedance?
• Must begin quarterly sampling
• Must continue until 4 consecutive quarterly
samples are below the MCL
* NOTE: compliance determination based on
annual average
VIII-1
Compliance Determination Review
Ground Water System Monitors
for Gross Alpha (MCL 15 pCi/L)
Date
Jan.
04
Apr 04
Jul04
Oct04
Result
Initial Result
Confirmation
16
15
12
13
16
Running Annual
Average
14
^
•4-
Average =16 pCi/L
16 + 12 + 13 + 16 = 14
4
VIII-1
Appendix G-11
-------
f-
7
Rule Flexibility
and Burden
Reduction
VIII-1
Radionuclides Burden
Reduction: Major Points
* Substitution => reduces monitoring burden
• Gross alpha for Ra-226
* Net Alpha => reduces number of violations
• Subtracting uranium
«• Variances => allows PWS to operate above
MCL
«• Exemptions => extends effective date
VIII-1
Appendix G-12
-------
Burden Reduction
Gross Alpha, Ra-226, Ra-228 and Uranium
Substitution
• Gross alpha for Ra-226
Net Alpha
• Subtracting uranium
Variances
Exemptions
Ra226 + Ra228
VIII-1
If a System Substitutes Gross
Alpha for Radium-226. . .
And the
GAis:
< Detect
detect < GA > 5
Use the following
formula:
1.5 pCi/L + Ra 228
GA result + Ra 228
To Determine:
Reduced monitoring
frequency
(Qtrly, 3, or 6 yrs)
Compliance with
226/228 MCL
Reduced monitoring
frequency
(Qtrly or 3 yrs)
VIII- 1
Appendix G-13
-------
Example 1: Gross Alpha for
Ra-226
Sample
GA
Ra-228
Value
< Detect
2 pCi/L
Total
Ra-226/228
3.5
pCi/L
1 sample every 3
years
> 1/2 MCL (2.5 pCi/L)
but < Ma (5 pCi/L)
1.5pCi/L+2pCi/L=3.5pCi/L
VII-23
Example 2: Ra-226 and Ra-228
Sample
Ra-226
Ra-228
Total
Ra-226/228
Value
< Detect
2 pCi/L
2 pCi/L
1 sample every 6
years
I
> Detect but < 1/2 MCL
(2.5 pCi/L)
I
0+2 pCi/L = 2 pCi/L
VII-24
Appendix G-14
-------
If a system substitutes Gross
Alpha for Uranium. . .
And the result is: The Primacy Agency must:
Assume all of gross alpha =
uranium
<15pCi/L
Use mass to activity ratio of
1:1
>15 pCi/L
Require the system to
collect uranium samples
VIII-1
Subtracting Uranium Activity From
GA to Determine "Net Alpha"
VIII-1
Appendix G-15
-------
Net Alpha
-fc
The laboratory must analyze and report the
activity to the Primacy Agency
Either use the laboratory analyzed
mass/activity levels
OR Primacy Agency can convert uranium
• Uranium Mass to activity conversion factor
» Multiply by 0.67 pQAug
• Uranium activity to mass conversion factor
» multiply by 1.49 //g/pCi
VIII-1
Example 3: Net Alpha
22 //g/L x 0.67 pCi/Vg = 15 pCi/L
1—
Sample
Gross alpha
U (mass)
U (activity)
Net Alpha
Result
24 ± 3 pCi/L
22 Mg/L
15 pCi/L
9 pCi/L
24 pCi/L - 15 pCi/L = 9 pCi/L 1 sample every 3 years
Appendix G-16
-------
Variances
The system must install a
BAT or SSCT for small
systems
A Primacy Agency
evaluation indicates that an
alternative source of water
is not reasonably available
Will not result in an
unreasonable risk to public
health
VIII-1
C
E
:X
J
*
;en
NO
• G
P
. *
Ura
ipl
Ex(
irOS!
hot(
1CL
niu
tioi
amp
5 Alf
Dn e
was
m e
IS
)ti
)h
m
n
;x
0
a,
itt
ot
er
ns
Rac
ers
rev
npt
Jium 226/228, bel
ised
ions
•«
...
:a ar
id
VIII- 1
Appendix G-17
-------
A System is eligible for an exemption^
from the Uranium MCL if:
Due to compelling factors:
• Unable to comply with the MCL(e.g. economically); or,
• It cannot develop an alternative source of supply;
If operating before December 2003; or,
• If operating after 12/03 and there is no reasonable
alternative source of supply;
The exemption will not result in an unreasonable
risk to public health; and,
Management and/or restructuring changes will
not lead to compliance or improve the quality of
water.
VIII-1
Lab Methods and
Analytical Results
VIII-1
Appendix G-18
-------
Laboratory Methods
90 radiochemical methods
EPA is currently reviewing :
• The use of an Inductively Coupled Plasma Mass
Spectrometry (ICP-MS) method for uranium
analysis
• The feasibility of using Gamma Spectrometry for
radium-228 analysis
Detection limits
• Uranium limit will be set before December 8, 2003
VIII-1
System Analytical Result
Reporting
Systems must report entire analytical
result (including the standard deviation)
to the Primacy Agency
• Within 10 days of the result or the end of
the compliance period
• Within 48 hours of NPDWR violation
VIII-1
Appendix G-19
-------
f-
7
Beta Particle and
Photon Radioactivity
VIII-1
Radionuclides Beta Emitters;
Major Points
1976 vs. 2000 Radionuclide Rules
Routine, reduced, and increased
monitoring
Compliance determinations
VIII-1
Appendix G-20
-------
What do we mean by Gross
Beta Particle activity?
Primarily manmade radioactive contaminants
• Operating nuclear power plants
• Facilities that use radioactive material for research
or manufacturing
• Facilities that dispose of radioactive material
168 contaminants
• Each impact the body differently at different levels
Screen to determine compliance with
individual MCLs
VIII-1
Applicability
"Vulnerable" systems
Systems "Designated" as utilizing
waters contaminated by effluents from
nuclear facilities
Primacy Agency discretion
VIII-1
Appendix G-21
-------
Routine Monitoring
Vulnerable
Systems
Contaminated
Systems
Quarterly
Gross
Beta
Gross Beta
Iodine - 131
Annually
Tritium
Strontium-90
VIII-1
-9r
Reduced Monitoring
If Gross Beta Minus Potassium-40 Reduce
Monitoring to
Has a Running Annual Average of...
Once Every. .
<50pCi/L
Vulnerable Systems
Three Years
<15pCi/L
Contaminated Systems
Three Years
VIII- 1
Appendix G-22
-------
Increased Monitoring
Exceedance of Gross
Beta Minus
Potassium-40
• Speciate for most
likely emitters
MCL violation
• Monthly Monitoring
VIII-1
Compliance Determination
Sum of the fractions
4 millirems/year
"Maximum Permissible Body Burdens
and Maximum Permissible
Concentrations of Radionuclides in Air
or Water for Occupational Exposure"
VIII-1
Appendix G-23
-------
Example 4: Sum of the
Fractions
Emitter
Cs-134
Cs-137
Sr-90
1-131
X
Lab
Analysis
(pCi/L)
5,023
30
4
2
Y
Conversion
from table
(pCi/4mrem)
20,000
200
8
3
X/Y
Calculate
Fraction
0.25115
0.150
0.5
0.7
Sum of the Fractions = 1.60115
4(X/Y)
Calculate
Total
(mrem)
6
VII-43
Appendix G-24
-------
Appendix H
Rule Language
-------
This page has been intentionally left blank.
Appendix H-2
-------
For reasons set out in the preamble, 40 CFR parts 9, 141, and 142 are amended as follows:
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 etseq., 136-136y; 15 U.S.C. 2001, 2003,2005, 2006,2601-2671; 21 U.S.C. 331j, 346a,
348; 31 U.S.C. 9701; 33 U.S.C. 1251 etseq., 1311, 1313d, 1314,1318, 1321,1326-1330,1324, 1344,1345 (d) and(e), 1361;
E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b,243, 246, 300f, 300g, 300g-l, 300g-2,
300g-3, 300g^l, 300g-5, 300g-6, 300J-1, 300J-2, 300J-3, 30QH, 300J-9, 1857 etseq., 6901-6992k, 7401-7671q, 7542,
9601-9657,11023,11048.
2. In § 9.1 the table is amended by:
(a) Removing the entry for 141.25-141.30 and adding new entries for 141.25(a)-(e), 141.26 (a)-(b),
and!41.27-141.30;
(b) Removing the entry for 142.14(a)-(d)(7) and adding new entries for 142.14(a)-(d)(3), 142.14(d)(4)-(5), and
142.14(d)(6)-(7);and
(c) Removing the entry for 142.15(c)(5)-(d) and adding new entries for 142.15(c)(5), 142.15(c)(6)-(7), and
142.15(d).
The additions read as follows:
§ 9.1 OMB approvals under the Paperwork Reduction Act.
* * * *
40 CFR citation OMB
control No.
National Primary Drinking
Water Regulations
141.25(a)-(e) 2040-0090
141.26(a)-(b) 2040-0228
141.27-141.30 2040-0090
Appendix H-3
-------
40 CFR citation
* *
* *
142 14(a)-(d)(3)
142.14(d)(4)-(5)
142.14(d)(6)-(7)
* *
142 15(c)(5)
142.15(c)(6)-(7)
142 15(d)
* *
OMB
control No.
* * *
National Primary Drinking Water
Regulations Implementation
* * *
2040-0090
2040-0228
2040-0090
* * *
2040-0090
2040-0228
2040-0090
* * *
PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS
1. The authority citation for part 141 continues to read as follows:
Authority: 42 U.S.C. 300f, 300g-l, 300g-2, 300g-3, 300g^, 300g-5, 300g-6, 30QH, 300J-9, and 300J-11.
Subpart B—[Amended]
§§ 141.15 and 141.16 [Removed]
2. Sections 141.15 and 141.16 are removed.
Subpart C—[Amended]
3. Section 141.25 is amended by:
a. Revising paragraph (a) introductory text (the table remains unchanged),
b. Revising paragraph (c)(l),
c. Revising paragraph (c)(2) and redisgnating Table B in paragraph (c)(2) as Table C and
d. Revising paragraph (d).
Appendix H-4
-------
The revisions read as follows:
§ 141.25 Analytical methods for radioactivity.
(a) Analysis for the following contaminants shall be conducted to determine compliance with § 141.66
(radioactivity) in accordance with the methods in the following table, or their equivalent determined by EPA in
accordance with § 141.27.
* * * *
(c) * * *
(1) To determine compliance with § 141.66(b), (c), and (e) the detection limit shall not exceed the
concentrations in Table B to this paragraph.
TABLE B.—DETECTION LIMITS FOR GROSS ALPHA PARTICLE ACTIVITY, RADIUM 226, RADIUM 228, AND
URANIUM
Contaminant
Gross alpha particle activity
Radium 226
Radium 228
Uranium
3pCi/L
1 pCi/L.
1 pCi/L.
Reserve
Detection
limit
(2) To determine compliance with § 141.66(d) the detection limits shall not exceed the concentrations listed
in Table C to this paragraph.
* * * *
(d) To judge compliance with the maximum contaminant levels listed in § 141.66, 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.
* * * *
4. Section 141.26 is revised to read as follows:
§ 141.26 Monitoring frequency and compliance requirements for radionuclides in community water systems
(a) Monitoring and compliance requirements for gross alpha particle activity, radium-226, radium-228,
and uranium.
(1) Community water systems (CWSs) must conduct initial monitoring to determine compliance with §
141.66(b), (c), and (e)by December 31, 2007. For the purposes of monitoring for gross alpha particle activity, radium-
226, radium-228, uranium, and beta particle and photon radioactivity in drinking water, "detection limit" is defined as
in§141.25(c).
(i) Applicability and sampling location for existing community water systems or sources. All existing CWSs
using ground water, surface water or systems using both ground and surface water (for the purpose of this section
hereafter referred to as systems) must sample at every EPTDS that is representative of all sources being used
(hereafter called a sampling point) under normal operating conditions. The system must take each sample at the same
sampling point unless conditions make another sampling point more representative of each source or the State has
designated a distribution system location, in accordance with paragraph (a)(2)(ii)(C) of this section.
(ii) Applicability and sampling location for new community water systems or sources. All new CWSs or
CWSs that use a new source of water must begin to conduct initial monitoring for the new source within the first
Appendix H-5
-------
quarter after initiating use of the source. CWSs must conduct more frequent monitoring when ordered by the State in
the event of possible contamination or when changes in the distribution system or treatment processes occur which
may increase the concentration of radioactivity in finished water.
(2) Initial monitoring: Systems must conduct initial monitoring for gross alpha particle activity, radium-226,
radium-228, and uranium as follows:
(i) Systems without acceptable historical data, as defined below, must collect four consecutive quarterly
samples at all sampling points before December 31, 2007.
(ii) Grandfathering of data: States may allow historical monitoring data collected at a sampling point to
satisfy the initial monitoring requirements for that sampling point, for the following situations.
(A) To satisfy initial monitoring requirements, a community water system having only one entry point to the
distribution system may use the monitoring data from the last compliance monitoring period that began between
June 2000 and December 8, 2003.
(B) To satisfy initial monitoring requirements, a community water system with multiple entry points and
having appropriate historical monitoring data for each entry point to the distribution system may use the monitoring
data from the last compliance monitoring period that began between June 2000 and December 8, 2003.
(C) To satisfy initial monitoring requirements, a community water system with appropriate historical data for
a representative point in the distribution system may use the
monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003,
provided that the State finds that the historical data satisfactorily demonstrate that each entry point to the
distribution system is expected to be in compliance based upon the historical data and reasonable assumptions
about the variability of contaminant levels between entry points. The State must make a written finding indicating
how the data conforms to these requirements.
(iii) For gross alpha particle activity, uranium, radium-226, and radium-228 monitoring, the State may waive
the final two quarters of initial monitoring for a sampling point if the results of the samples from the previous two
quarters are below the detection limit.
(iv) If the average of the initial monitoring results for a sampling point is above the MCL, the system must
collect and analyze quarterly samples at that sampling point until the system has results from four consecutive
quarters that are at or below the MCL, unless the system enters into another schedule as part of a formal compliance
agreement with the State.
(3) Reduced monitoring: States may allow community water systems to reduce the future frequency of
monitoring from once every three years to once every six or nine years at each sampling point, based on the
following criteria.
(i) If the average of the initial monitoring results for each contaminant (i.e., gross alpha particle activity,
uranium, radium-226, or radium-228) is below the detection limit specified in Table B, in § 141.25(c)(l), the system
must collect and analyze for that contaminant using at least one sample at that sampling point every nine years.
(ii) For gross alpha particle activity and uranium, if the average of the initial monitoring results for each
contaminant is at or above the detection limit but at or below 1/2 the MCL, the system must collect and analyze for
that contaminant using at least one sample at that sampling point every six years. For combined radium-226 and
radium-228, the analytical results must be combined. If the average of the combined initial monitoring results for
radium-226 and radium-228 is at or above the detection limit but at or below 1/2 the MCL, the system must collect and
analyze for that contaminant using at least one sample at that sampling point every six years.
(iii) For gross alpha particle activity and uranium, if the average of the initial monitoring results for each
contaminant is above 1/2 the MCL but at or below the MCL, the system must collect and analyze at least one sample
at that sampling point every three years. For combined radium-226 and radium-228, the analytical results must be
combined. If the average of the combined initial monitoring results for radium-226 and radium-228 is above 1/2 the
MCL but at or below the MCL, the system must collect and analyze at least one sample at that sampling point every
three years.
(iv) Systems must use the samples collected during the reduced monitoring period to determine the
monitoring frequency for subsequent monitoring periods (e.g., if a system's sampling point is on a nine year
Appendix H-6
-------
monitoring period, and the sample result is above 1/2 MCL, then the next monitoring period for that sampling point is
three years).
(v) If a system has a monitoring result that exceeds the MCL while on reduced monitoring, the system must
collect and analyze quarterly samples at that sampling point until the system has results from four consecutive
quarters that are below the MCL, unless the system enters into another schedule as part of a formal compliance
agreement with the State.
(4) Compositing: To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226,
radium-228, or uranium, a system may composite up to four consecutive quarterly samples from a single entry point if
analysis is done within a year of the first sample. States will treat analytical results from the composited as the
average analytical result to determine compliance with the MCLs and the future monitoring frequency. If the
analytical result from the composited sample is greater than 1/2 MCL, the State may direct the system to take
additional quarterly samples before allowing the system to sample under a reduced monitoring schedule.
(5) A gross alpha particle activity measurement may be substituted for the required radium-226
measurement provided that the measured gross alpha particle activity does not exceed 5 pCi/1. A gross alpha particle
activity measurement may be substituted for the required uranium measurement provided that the measured gross
alpha particle activity does not exceed 15 pCi/1.
The gross alpha measurement shall have a confidence interval of 95% (1.65o, where a is the standard
deviation of the net counting rate of the sample) for radium- 226 and uranium. When a system uses a gross alpha
particle activity measurement in lieu of a radium-226 and/or uranium measurement, the gross alpha particle activity
analytical result will be used to determine the future monitoring frequency for radium-226 and/or uranium. If the
gross alpha particle activity result is less than detection, 1/2 the detection limit will be used to determine compliance
and the future monitoring frequency.
(b) Monitoring and compliance requirements for beta particle and photon radioactivity. To determine
compliance with the maximum contaminant levels in § 141.66(d) for beta particle and photon radioactivity, a system
must monitor at a frequency as follows:
(1) Community water systems (both surface and ground water) designated by the State as vulnerable must
sample for beta particle and photon radioactivity. Systems must collect quarterly samples for beta emitters and
annual samples for tritium and strontium-90 at each entry point to the distribution system (hereafter called a sampling
point), beginning within one quarter after being notified by the State. Systems already designated by the State must
continue to sample until the State reviews and either reaffirms or removes the designation.
(i) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at a
sampling point has a running annual average (computed quarterly) less than or equal to 50 pCi/L (screening level),
the State may reduce the frequency of monitoring at that sampling point to once every 3 years. Systems must collect
all samples required in paragraph (b)(l) of this section during the reduced monitoring period.
(ii) For systems in the vicinity of a nuclear facility, the State may allow the CWS to utilize environmental
surveillance data collected by the nuclear facility in lieu of monitoring at the system's entry point(s), where the State
determines if such data is applicable to a particular water system. In the event that there is a release from a nuclear
facility, systems which are using surveillance data must begin monitoring at the community water system's entry
point(s) in accordance with paragraph (b)(l) of this section.
(2) Community water systems (both surface and ground water) designated by the State as utilizing waters
contaminated by effluents from nuclear facilities must sample for beta particle and photon radioactivity. Systems
must collect quarterly samples for beta emitters and iodine-131 and annual samples for tritium and strontium-90 at
each entry point to the distribution system (hereafter called a sampling point), beginning within one quarter after
being notified by the State. Systems already designated by the State as systems using waters contaminated by
effluents from nuclear facilities must continue to sample until the State reviews and either reaffirms or removes the
designation.
(i) Quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or
the analysis of a composite of three monthly samples. The former is recommended.
Appendix H-7
-------
(ii) For iodine-131, a composite of five consecutive daily samples shall be analyzed once each quarter. As
ordered by the State, more frequent monitoring shall be conducted when iodine-131 is identified in the finished
water.
(iii) Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a
composite of four consecutive quarterly samples or analysis of four quarterly samples. The latter procedure is
recommended.
(iv) If the gross beta particle activity beta minus the naturally occurring potassium-40 beta particle activity
at a sampling point has a running annual average (computed quarterly)less than or equal to 15 pCi/L, the State may
reduce the frequency of monitoring at that sampling point to every 3 years. Systems must collect all samples required
in paragraph (b)(2) of this section during the reduced monitoring period.
(v) For systems in the vicinity of a nuclear facility, the State may allow the CWS to utilize environmental
surveillance data collected by the nuclear facility in lieu of monitoring at the system's entry point(s), where the State
determines if such data is applicable to a particular water system. In the event that there is a release from a nuclear
facility, systems which are using surveillance data must begin monitoring at the community water system's entry
point(s) in accordance with paragraph (b)(2) of this section.
(3) Community water systems designated by the State to monitor for beta particle and photon radioactivity
can not apply to the State for a waiver from the monitoring frequencies specified in paragraph (b)(l) or (b)(2) of this
section.
(4) Community water systems may analyze for naturally occurring potassium-40 beta particle activity from
the same or equivalent sample used for the gross beta particle activity analysis. Systems are allowed to subtract the
potassium-40 beta particle activity value from the total gross beta particle activity value to determine if the screening
level is exceeded. The potassium-40 beta particle activity must be calculated by multiplying elemental potassium
concentrations (in mg/L) by a factor of 0.82.
(5) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity
exceeds the screening level, an analysis of the sample must be performed to identify the major radioactive
constituents present in the sample and the appropriate doses must be calculated and summed to determine
compliance with § 141.66(d)(l), using the formula in § 141.66(d)(2). Doses must also be calculated and combined for
measured levels of tritium and strontium to determine compliance.
(6) Systems must monitor monthly at the sampling point(s) which exceed the maximum contaminant level in
§ 141.66(d) beginning the month after the exceedance occurs. Systems must continue monthly monitoring until the
system has established, by a rolling average of 3 monthly samples, that the MCL is being met. Systems who
establish that the MCL is being met must return to quarterly monitoring until they meet the requirements set forth in
paragraph (b)(l)(ii) or (b)(2)(i) of this section.
(c) General monitoring and compliance requirements for radionuclides.
(1) The State may require more frequent monitoring than specified in paragraphs (a) and (b) of this section,
or may require confirmation samples at its discretion. The results of the initial and confirmation samples will be
averaged for use in compliance determinations.
(2) Each public water systems shall monitor at the time designated by the State during each compliance
period.
(3) Compliance: Compliance with § 141.66 (b) through (e) will be determined based on the analytical result(s)
obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the
MCL.
(i) For systems monitoring more than once per year, compliance with the MCL is determined by a running
annual average at each sampling point. If the average of any sampling point is greater than the MCL, then the
system is out of compliance with the MCL.
(ii) For systems monitoring more than once per year, if any sample result will cause the running average to
exceed the MCL at any sample point, the system is out of compliance with the MCL immediately.
(iii) Systems must include all samples taken and analyzed under the provisions of this section in
determining compliance, even if that number is greater than the minimum required.
Appendix H-8
-------
(iv) If a system does not collect all required samples when compliance is based on a running annual average
of quarterly samples, compliance will be based on the running average of the samples collected.
(v) If a sample result is less than the detection limit, zero will be used to calculate the annual average, unless
a gross alpha particle activity is being used in lieu of radium-226 and/or uranium. If the gross alpha particle activity
result is less than detection, 1/2 the detection limit will be used to calculate the annual average.
(4) States have the discretion to delete results of obvious sampling or analytic errors.
(5) If the MCL for radioactivity set forth in § 141.66 (b) through (e) is exceeded, the operator of a community
water system must give notice to the State pursuant to § 141.31 and to the public as required by subpart Q of this
part.
Subpart F—[Amended]
5. A new § 141.55 is added to subpart F to read as follows:
§ 141.55 Maximum contaminant level goals for radionuclides.
MCLGs for radionuclides are as indicated in the following table:
Contaminant
MCLG
1. Combined radium-226 and radium-228..
2. Gross alpha particle activity (excluding radon and uranium)..
3. Beta particle and photon radioactivity
4. Uranium .
Zero.
Zero.
Zero.
Zero.
Subpart G—National Primary Drinking Water Regulations: Maximum Contaminant Levels and Maximum
Residual Disinfectant Levels
6. The heading of subpart G is revised as set out above.
7. A new § 141.66 is added to subpart G to read as follows:
§ 141.66 Maximum contaminant levels for radionuclides.
(a) [Reserved]
(b) MCL for combined radium-226 and -228. The maximum contaminant level for combined radium-226 and
radium-228 is 5 pCi/L. The combined radium-226 and radium-228 value is determined by the addition of the results of
the analysis for radium-226 and the analysis for radium-228.
(c) MCL for gross alpha particle activity (excluding radon and uranium). The maximum contaminant level
for gross alpha particle activity (including radium-226 but excluding radon and uranium) is 15 pCi/L.
(A) MCL for beta particle and photon radioactivity. (1) The average annual concentration of beta particle
and photon radioactivity from man-made radionuclides in drinking water must not produce an annual dose
equivalent to the total body or any internal organ greater than 4 millirem/year (mrem/year).
(2) Except for the radionuclides listed in table A, the concentration of man-made radionuclides causing 4
mrem total body or organ dose equivalents must be calculated on the basis of 2 liters per day drinking water intake
using the 168 hour data list in "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of
Radionuclides in Air and in Water for Occupational Exposure,'' NBS (National Bureau of Standards) Handbook 69 as
Appendix H-9
-------
amended August 1963, U.S. Department of Commerce. 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 this document are available
from the National Technical Information Service, NTIS ADA 280 282, U.S. Department of Commerce, 5285 Port Royal
Road, Springfield, Virginia 22161. The toll-free number is 800-553-6847. Copies may be inspected at EPA's Drinking
Water Docket, 401 M Street, SW., Washington, DC 20460; or at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC. If two or more radionuclides are present, the sum of their annual dose
equivalent to the total body or to any organ shall not exceed 4 mrem/year.
TABLE A.—AVERAGE ANNUAL CONCENTRATIONS ASSUMED TO PRODUCE: A TOTAL BODY OR ORGAN
DOSE OF 4 MREM/YR
1 Radionuclide
2 Tritium
3. Strontium-90
Critical organ
Total body
Bone Marrow
pCi per liter
20000
8
(e) MCLfor uranium. The maximum contaminant level for uranium is 30 ng/L.
(f) Compliance dates. (1) Compliance dates for combined radium-226 and -228, gross alpha particle activity,
gross beta particle and photon radioactivity, and uranium: Community water systems must comply with the MCLs
listed in paragraphs (b), (c), (d), and (e) of this section beginning December 8,2003 and compliance shall be
determined in accordance with the requirements of §§ 141.25 and 141.26. Compliance with reporting requirements for
the radionuclides under appendix A to subpart O and appendices A and B to subpart Q is required on December 8,
2003.
(g) Best available technologies (BATs) for radionuclides. The Administrator, pursuant to section 1412 of
the Act, hereby identifies as indicated in the following table the best technology available for achieving compliance
with the maximum contaminant levels for combined radium-226 and -228, uranium, gross alpha particle activity, and
beta particle and photon radioactivity.
TABLE B.—BAT FOR COMBINED RADIUM-226 AND RADIUM-228, URANIUM, GROSS ALPHA PARTICLE
ACTIVITY, AND BETA PARTICLE AND PHOTON RADIOACTIVITY
Contaminant
BAT
1. Combined radium-226 and radium-228..
2. Uranium..
3. Gross alpha particle activity (excluding Radon and Uranium)..
4. Beta particle and photon radioactivity
Ion exchange, reverse osmosis, lime
softening.
Ion exchange, reverse osmosis, lime
softening, coagulation/filtration.
Reverse osmosis.
Ion exchange, reverse osmosis.
Appendix H-10
-------
(h) Small systems compliance technologies list for radionuclides.
TABLE C.—LIST OF SMALL SYSTEMS COMPLIANCE TECHNOLOGIES FOR RADIONUCLIDES AND
LIMITATIONS TO USE
Unit technologies
1 Ion exchange (IE)
2. Point of use (POU2) IE
3 Reverse osmosis (RO)
4.POU2RO
5 Lime softening
6. Green sand filtration
7. Co-precipitation with Barium
sulfate
8. Electrodialysis/electrodialysis
reversal
9. Pre-formed hydrous Manganese
oxide filtration
1 0 Activated alumina
1 1 . Enhanced coagulation/filtration...
Limitations
(see foot-
notes)
(a)
(b)
(c)
(b)
(d)
(e)
(f)
(g)
(a) (h)
(')
Operator skill level
required. '
Intermediate
Basic
Advanced
Basic
Advanced
Basic
Intermediate to Advanced
Basic to Intermediate
Intermediate
Advanced
Advanced
Raw water quality
range and
considerations.1
All ground waters
All ground waters.
Surface waters usually
require pre-filtration.
Surface waters usually
require pre-filtration.
All waters
Ground waters with suitable
water quality
All ground waters.
All ground waters.
All ground waters'
competing anion
concentrations may affect
regeneration frequency.
Can treat a wide range of
water qualities.
1 National Research Council (NRC). Safe Water from Every Tap: Improving Water Service to Small
Communities. National Academy Press. Washington, D.C. 1997.
2 A POU, or "point-of-use" technology is a treatment device installed at a single tap used for the purpose
of reducing contaminants in drinking water at that one tap. POU devices are typically installed at the kitchen tap. See
the April 21, 2000 NODA for more details.
Limitations Footnotes: Technologies for Radionuclides:
a The regeneration solution contains high concentrations of the contaminant ions. Disposal options should
be carefully considered before choosing this technology.
b When POU devices are used for compliance, programs for long-term operation, maintenance, and
monitoring must be provided by water utility to ensure proper performance.
0 Reject water disposal options should be carefully considered before choosing this technology. See other
RO limitations described in the SWTR Compliance Technologies Table.
d The combination of variable source water quality and the complexity of the water chemistry involved may
make this technology too complex for small surface water systems.
e Removal efficiencies can vary depending on water quality.
Appendix H-11
-------
f This technology may be very limited in application to small systems. Since the process requires static
mixing, detention basins, and filtration, it is most applicable to systems with sufficiently high sulfate levels that
already have a suitable filtration treatment train in place.
g This technology is most applicable to small systems that already have filtration in place.
h Handling of chemicals required during regeneration and pH adjustment may be too difficult for small
systems without an adequately trained operator.
1 Assumes modification to a coagulation/filtration process already in place.
TABLE D.—COMPLIANCE TECHNOLOGIES BY SYSTEM SIZE CATEGORY FOR RADIONUCLIDE NPDWR'S
Contaminant
1 . Combined radium-226 and radium-
228
2 Gross alpha particle activity
3. Beta particle activity and photon
activity
4. Uranium
Compliance technologies ' for system size categories (population served)
25-500
1,2,3,4,5,6,7,8,9..
3 4
1234
1,2,4,10,11
501-3,300
1,2,3,4,5,6,7,8,9..
3 4
1234
1,2,3,4,5,10,11
3,300-10,000
1,2,3,4,5,6,7.8,9.
3,4.
1,2,3,4.
1,2,3,4,5,10,11.
Note: ' Numbers correspond to those technologies found listed in the table C of 141.66(h).
Subpart O—[Amended]
8. The table in appendix A to subpart O is amended under the heading ' 'Radioactive contaminants'' by
revising the entries for "Beta/photon emitters (mrem/yr)", "Alpha emitters (pCi/1)", and "Combined radium (pCi/1)"
and adding a new entry for "Uranium (pCi/L)" to read as follows:
Appendix A to Subpart O—Regulated Contaminants
Contaminant
units
*
Radioactive
contaminants:
Beta/photon
emitters
(mrem/yr).
Traditio- To MCL MCLG Major sources
nalMCL convert in in
in mg/L for CCR, CCR drinking water
multiply units
by
* * * *
4 mrem/yr - 40 Decay of
natural and
man-made
deposits.
Health effects language
* *
Certain minerals are
radioactive and may emit
forms of radiation known as
photons and beta radiation.
Some people who drink water
containing beta particle and
photon radioactivity in excess
of the MCL over many years
may have an increased risk of
getting cancer.
Appendix H-12
-------
Contaminant
units
Alpha emitters
(pCi/L).
Traditio- To MCL
nal MCL convert in
inmg/L forCCR, CCR
multiply units
by
15pCi/L - 15
MCLG Major sources
in
drinking water
0 Erosion of
natural
deposits.
Health effects language
Certain minerals are
radioactive and may emit a
form of radiation known as
alpha radiation. Some people
who drink water containing
alpha emitters in excess of the
MCL over many years may
have an increased risk of
getting cancer.
Combined ra- 5 pCi/L
dium
(pCi/L).
Uranium 30 ug/L
(pCi/L)
30
Erosion of Some people who drink water
natural containing radium-226 or - 228
deposits. in excess of the MCL over
many years may have an
increased risk of getting
cancer.
Erosion of Some people who drink water
natural containing uranium in excess
deposits. of the MCL over many years
may have an increased risk of
getting cancer and kidney tox-
icity.
Subpart Q—[Amended]
9. Appendix A to subpart Q under I.F. ' 'Radioactive contaminants'' is amended by:
a. Revising entries 1, 2, and 3;
b. Adding entry 4;
c. Redesignating endnotes 9 through 17 as endnotes 11 through 19; and
d. Adding new endnotes 9 and 10.
Appendix H-13
-------
Appendix A to Subpart Q—NPDWR Violations and Other Situations Requiring Public Notice '
Contaminant
MCL/MRDL/TT Violations 2
Monitoring and testing
procedure violations
Tier of Citation
public
notice
required
Tier of
public
notice
required
Citation
I. Violations of National Primary Drinking Water Regulations (NPDWR) 3
F. Radioactive contaminants
1 Beta/photon emitters
2 Alpha emitters
3 Combined radium (226 and 228)
4. Uranium
* * *
2 141 66(d)
2 141 66(c)
2 141 66(b)
9 2 141.66(e)
* *
3 141 25(a)
141.26(b)
3 141 25(a)
141.26(a)
3 141 25(a)
141.26(a)
103 141.25(a)
141.26(a)
* *
Appendix A—Endnotes
* * * *
1. Violations and other situations not listed in this table (e.g., reporting violations and failure to prepare
Consumer Confidence Reports), do not require notice, unless otherwise determined by the primary agency. Primacy
agencies may, at their option, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2
instead of Tier 3) for specific violations and situations listed in this Appendix, as authorized under Sec. 141.202(a)
and Sec. 141.203(a).
2. MCL—Maximum contaminant level, MRDL—Maximum residual disinfectant level, TT—Treatment
technique.
3. The term Violations of National Primary Drinking Water Regulations (NPDWR) is used here to include
violations of MCL, MRDL, treatment technique, monitoring, and testing procedure requirements.
* * * *
9. The uranium MCL Tier 2 violation citations are effective December 8, 2003 for all community water
systems.
10. The uranium Tier 3 violation citations are effective December 8, 2000 for all community water systems.
* * * *
10. Appendix B to Subpart Q is amended by:
a. Redesignating entries 79 through 84 and 86 through 88 as 80 through 85 and 87 through 89, respectively,
and entries 85a and 85b as 86a and 86b, respectively;
b. Adding a new entry 79 for uranium under "G. Radioactive contaminants";
c. Redesignating endnote entries 16 through 21 as 17 through 22; and
d. adding a new endnote 16.
Appendix H-14
-------
Appendix B to Subpart Q—Standard Health Effects Language for Public Notification
Contaminant
MCLG
mg/L
MCL2
mg/L
Standard health effects language for public notification
National Primary Drinking
Water Regulations (NPDWR)
G. Radioactive contaminants
79. Uranium'
Zero... 30 |ig/L.. Some people who drink water containing uranium in
excess of the MCL over many years may have an
increased risk of getting cancer and kidney toxicity.
Appendix B — Endnotes
1 . MCLG — Maximum contaminant level goal
2. MCL — Maximum contaminant level
* * * *
16. The uranium MCL is effective December 8, 2003 for all community water systems.
* * * *
PART 142— NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION
1 . The authority citation for part 142 continues to read as follows:
Authority: 42 U.S.C. 300f, 300g-l, 300g-2, 300g-3,
Subpart B — Primary Enforcement Responsibility
, 300g-5, 300g-6, 30QH, 300J-9, and 300J-11.
2. Section 142. 16 is amended by adding and reserving paragraphs (i), (j),
and (k) and adding a new paragraph (1) to read as follows:
§ 142.16 Special primacy requirements.
* * * *
(i)-(k) [Reserved]
(1) An application for approval of a State program revision for radionuclides which adopts the requirements
specified in § 141 .26(a)(2)(ii)(C) of this chapter must contain the following (in addition to the general primacy
requirements enumerated in this part, including that State regulations be at least as stringent as the Federal
requirements):
(1) If a State chooses to use grandfathered data in the manner described in § 141.26(a)(2)(ii)(C) of this
chapter, then the State must describe the procedures and criteria which it will use to make these determinations
(whether distribution system or entry point sampling points are used).
Appendix H-15
-------
(i) The decision criteria that the State will use to determine that data collected in the distribution system are
representative of the drinking water supplied from each entry point to the distribution system. These determinations
must consider:
(A) All previous monitoring data.
(B) The variation in reported activity levels.
(C) Other factors affecting the representativeness of the data (e.g. geology).
(ii) [Reserved]
(2) A monitoring plan by which the State will assure all systems complete the required monitoring within the
regulatory deadlines. States may update their existing monitoring plan or use the same monitoring plan submitted for
the requirements in § 142.16(e)(5) under the national primary drinking water regulations for the inorganic and organic
contaminants (i.e. the phase II/V rules). States may note in their application any revision to an existing monitoring
plan or note that the same monitoring plan will be used. The State must demonstrate that the monitoring plan is
enforceable under State law.
Subpart G—[Amended]
3. Section 142.65 is added to read as follows.
§ 142.65 Variances and exemptions from the maximum contaminant levels for radionuclides.
(a)(l) Variances and exemptions from the maximum contaminant levels for combined radium-226 and radium-
228, uranium, gross alpha particle activity (excluding Radon and Uranium), and beta particle and photon
radioactivity, (i) The Administrator, pursuant to section 1415(a)(l)(A) of the Act, hereby identifies the following as
the best available technology, treatment techniques, or other means available for achieving compliance with the
maximum contaminant levels for the radionuclides listed in § 141.66(b), (c), (d), and (e) of this chapter, for the
purposes of issuing variances and exemptions, as shown in Table A to this paragraph.
TABLE A.—BAT FOR RADIONUCLIDES LISTED IN §141.66
Contaminant
BAT
Combined radium-226 and radium-228..
Uranium
Gross alpha particle activity (excluding radon and uranium)..
Beta particle and photon radioactivity
Ion exchange, reverse osmosis, lime softening.
Ion exchange, reverse osmosis, lime softening,
coagulation/filtration.
Reverse osmosis.
Ion exchange, reverse osmosis.
(ii) In addition, the Administrator hereby identifies the following as the best available technology, treatment
techniques, or other means available for achieving compliance with the maximum contaminant levels for the
radionuclides listed in § 141.66(b), (c), (d), and (e) of this chapter, for the purposes of issuing variances and
exemptions to small drinking water systems, defined here as those serving 10,000 persons or fewer, as shown in
Table C to this paragraph.
Appendix H-16
-------
TABLE B.—LIST OF SMALL SYSTEMS COMPLIANCE TECHNOLOGIES FOR RADIONUCLIDES AND
LIMITATIONS TO USE
Unit technologies
1. Ion exchange (IE)
2. Point of use (POU2) IE
3 Reverse osmosis (RO)
4 POU2RO
5. Lime softening
6. Green sand filtration
7. Co-precipitation with barium sulfate.
8. Electrodialysis/electrodialysis
reversal
9. Pre- formed hydrous manganese
oxide filtration
10. Activated alumina
1 1 Enhanced coagulation/filtration
Limitations
(see footnotes)
(a)
(b)
(c)
(b)
(d)
(e)
(f)
(B)
( a ), ( h )
(')
Operator skill level
required '
Intermediate
Basic
Advanced
Basic
Advanced
Basic.
Intermediate to
Advanced
Basic to Intermediate
Intermediate
Advanced
Advanced
Raw water quality range
& considerations '
All ground waters.
All ground waters.
Surface waters usually
require pre-filtration.
Surface waters usually
require pre-filtration.
All waters.
Ground waters with
suitable water quality
All ground waters
All ground waters.
All ground waters;
competing anion
concentrations may affect
regeneration frequency
Can treat a wide range of
water qualities.
1 National Research Council (NRC). Safe Water from Every Tap: Improving Water Service to Small
Communities. National Academy Press. Washington, D.C. 1997.
2 A POU, or "point-of-use" technology is a treatment device installed at a single tap used for the purpose
of reducing contaminants in drinking water at that one tap. POU devices are typically installed at the kitchen tap. See
the April 21, 2000 NODA for more details.
Limitations Footnotes: Technologies for Radionuclides:
a The regeneration solution contains high concentrations of the contaminant ions. Disposal options should
be carefully considered before choosing this technology.
b When POU devices are used for compliance, programs for long-term operation, maintenance, and
monitoring must be provided by water utility to ensure proper performance.
0 Reject water disposal options should be carefully considered before choosing this technology. See other
RO limitations described in the SWTR compliance technologies table.
d The combination of variable source water quality and the complexity of the water chemistry involved may
make this technology too complex for small surface water systems.
e Removal efficiencies can vary depending on water quality.
Appendix H-17
-------
f This technology may be very limited in application to small systems. Since the process requires static
mixing, detention basins, and filtration, it is most applicable to systems with sufficiently high sulfate levels that
already have a suitable filtration treatment train in place.
g This technology is most applicable to small systems that already have filtration in place.
h Handling of chemicals required during regeneration and pH adjustment may be too difficult for small
systems without an adequately trained operator.
1 Assumes modification to a coagulation/filtration process already in place.
TABLE C.—BAT FOR SMALL COMMUNITY WATER SYSTEMS FOR THE RADIONUCLIDES LISTED IN S 141.66
Contaminant
Combined ra
Gross alpha
Beta particle
Uranium
dium-226 and radium-228..
particle activity
activity and photon activity.
Compliance technologies ' for system size categories (population
served)
25-500
1
Q
3,
1,
1,
2, 3, 4, 5, 6, 7, 8,
4
2,3,4
2 4 10 11
501-3,300
1,2,3,4,5,6,7,8,
9
3,4
1,2,3,4
1 2 3 4 5 10 11
3,300-10,000
1,2,3,4,5,6,7,8,9.
3,4.
1,2,3,4.
1 2 3 4 5 10 11
1 Note: Numbers correspond to those technologies found listed in the table B to this paragraph.
(2) A State shall require community water systems to install and/or use any treatment technology identified
in Table A to this section, or in the case of small water systems (those serving 10,000 persons or fewer), Table B and
Table C of this section, as a condition for granting a variance except as provided in paragraph (a)(3) of this section.
If, after the system's installation of the treatment technology, the system cannot meet the MCL, that system shall be
eligible for a variance under the provisions of section 1415(a)(l)(A) of the Act.
(3) If a community water system can demonstrate through comprehensive engineering assessments, which
may include pilot plant studies, that the treatment technologies identified in this section would only achieve a de
minimus reduction in the contaminant level, the State may issue a schedule of compliance that requires the system
being granted the variance to examine other treatment technologies as a condition of obtaining the variance.
(4) If the State determines that a treatment technology identified under paragraph (a)(3) of this section is
technically feasible, the Administrator or primacy State may require the system to install and/or use that treatment
technology in connection with a compliance schedule issued under the provisions of section 1415(a)(l)(A) of the
Act. The State's determination shall be based upon studies by the system and other relevant information.
(5) The State may require a community water system to use bottled water, point-of-use devices, point-of-
entry devices or other means as a condition of granting a variance or an exemption from the requirements of § 141.66
of this chapter, to avoid an unreasonable risk to health.
(6) Community water systems that use bottled water as a condition for receiving a variance or an exemption
from the requirements of § 141.66 of this chapter must meet the requirements specified in either § 142.62(g)(l) or §
142.62(g)(2)and(g)(3).
(7) Community water systems that use point-of-use or point-of-entry devices as a condition for obtaining a
variance or an exemption from the radionuclides NPDWRs must meet the conditions in § 142.62(h)(l) through (h)(6).
[FRDoc. 00-30421 Filed 12-6-00; 8:45 am]
BILLING CODE 6560-50-U
Appendix H-18
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Appendix I
Comparison of Derived
Values of Beta and Photon
Emitters
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Appendix 1-2
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Derived Concentrations (pCi/L) of Beta and Photon Emitters in Drinking Water
Yielding a Dose of 4 mrem/y to the Total Body or to Any Critical Organ as Defined
in NBS Handbook 69
Nuclide
H-3
Be-7
C-14
F-18
Na-22
Na-24
Si-31
P-32
S-35 inorg
Cl-36
Cl-38
K-42
Ca-45
Ca-47
Sc-46
Sc-47
Sc-48
V-48
Cr-51
Mn-52
Mn-54
Mn-56
Fe-55
Fe-59
Co-57
Co-58
Co-58m
Co-60
Ni-59
Ni-63
Ni-65
Cu-64
Zn-65
Zn-69
Zn-69m
Ga-72
Ge-71
As-73
As-74
As-76
As-77
pCi/L
20,000
6,000
2,000
2,000
400
600
3,000
30
500
700
1,000
900
10
80
100
300
80
90
6,000
90
300
300
2,000
200
1,000
300
9000
100
300
50
300
900
300
6,000
200
100
6,000
1,000
100
60
200
Nuclide
Sr-85 m
Sr-85
Sr-89
Sr-90
Sr-91
Sr-92
Y-90
Y-91
Y-91m
Y-92
Y-93
Zr-93
Zr-95
Zr-97
Nb-93m
Nb-95
Nb-97
Mo-99
Tc-96
Tc-96m
Tc-97
Tc-97m
Tc-99
Tc-99m
Ru-97
Ru-103
Ru-105
Ru-106
Rh-103m
Rh-105
Pd-103
Pd-109
Ag-105
Ag-llOm
Ag-111
Cd-109
Cd-115
Cd-115m
In- 11 3m
In-114m
In-115
pCi/L
20,000
900
20
8
200
200
60
90
9,000
200
90
2,000
200
60
1,000
300
3,000
600
300
30,000
6,000
1,000
900
20,000
1,000
200
200
30
30,000
300
900
300
300
90
100
600
90
90
3,000
60
300
Nuclide
Sb-124
Sb-125
Te-125m
Te-127
Te-127m
Te-129
Te-129m
Te-131m
Te-132
1-126
1-129
1-131
1-132
1-133
1-134
1-135
Cs-131
Cs-134
Cs-134m
Cs-135
Cs-136
Cs-137
Ba-131
Ba-140
La-140
Ce-141
Ce-143
Ce-144
Pr-142
Pr-143
Nd-147
Nd-149
Pm-147
Pm-149
Sm-151
Sm-153
Eu-152
Eu-154
Eu-155
Gd-153
Gd-159
pCi/L
60
300
600
900
200
2,000
90
200
90
3
1
3
90
10
100
30
20,000
80
20,000
900
800
200
600
90
60
300
100
30
90
100
200
900
600
100
1,000
200
200
60
600
600
200
Nuclide
Er-169
Er-171
Tm-170
Tm-171
Yb-175
Lu-177
Hf-181
Ta-182
W-181
W-185
W-187
Re- 186
Re- 187
Re-188
Os-185
Os-191
Os-191m
Os-193
Ir-190
Ir-192
Ir-194
Pt-191
Pt-193
Pt-193m
Pt-197
Pt-197m
Au-196
Au-198
Au-199
Hg-197
Hg-197m
Hg-203
Tl-200
Tl-201
Tl-202
Tl-204
Pb-203
Bi-206
Bi-207
Pa-230
Pa-233
pCi/L
300
300
100
1,000
300
300
200
100
1,000
300
200
300
9,000
200
200
600
9,000
200
600
100
90
300
3,000
3,000
300
3,000
600
100
600
900
600
60
1,000
900
300
300
1,000
100
200
600
300
Appendix 1-3
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Nuclide
Se-75
Br-82
Rb-86
Rb-87
pCi/L
900
100
600
300
Nuclide
In- 11 5m
Sn-113
Sn-125
Sb-122
pCi/L
1,000
300
60
90
Nuclide
Tb-160
Dy-165
Dy-166
Ho- 166
pCi/L
100
1,000
100
90
Nuclide
Np-239
Pu-241
Bk-249
pCi/L
300
300
2,000
Appendix 1-4
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Appendix J
References
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Appendix J-2
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REFERENCES
Goodrich, J.A., Adams, J.Q., Lykins, B.W., Jr., and Clark, R.M. 1992. Safe Drinking Water from
Small Systems'.Treatment Options. JAWWA Vol. 84, No. 4, p. 49. May 1992.
National Research Council (NRC). 1997. Safe Water From Every Tap: Improving Water Service to
Small Communities. National Academy Press. Washington, DC.
US Department of Commerce. 1963. Maximum Permissible Body Burdens and Maximum Permissible
Concentrations of Radionuclides in Air and in Water for Occupational Exposure. National
Bureau of Standards (NBS) Handbook 69, amended.
USEPA. 1990. Suggested Guidelines for Disposal of Drinking Water Treatment Wastes Containing
Naturally-Occurring Radionuclides (July 1990 draft).
USEPA. 1991. National Primary Drinking Water Regulations; Radionuclides; Proposed Rule.
Federal Register. Vol. 56, No. 138, p. 33050. July 18, 1991.
USEPA. 1992. Technologies and Costs for the Removal of Radionuclides from Potable Water
Supplies. Prepared by Malcolm Pirnie, Inc. July 1992.
USEPA. 1994. Suggested Guidelines for Disposal of Drinking Water Treatment Wastes Containing
Radioactivity (June 1994 draft).
USEPA. 1996. Performance Evaluation Studies Supporting Administration of the Clean Water Act
and the Safe Drinking Water Act. Federal Register. Vol. 61, No. 139, p. 37464. July 18, 1996.
USEPA. 1997a. National Primary Drinking Water Regulations; Analytical Methods for
Radionuclides; Final Rule and Proposed Rule. Vol. 62, No. 43, p. 10168. March 5, 1997.
USEPA. 1997b. Performance Evaluation Studies Supporting Administration of the Clean Water
Act and the Safe Drinking Water Act. Federal Register. Vol. 62, No. 113, p. 32112. June 12,
1997.
USEPA. 1997c. Performance Based Measurement System. Federal Register. Vol. 62, No. 193, p.
52098. October 6, 1997.
USEPA. 1997d. Manual for the Certification of Laboratories Analyzing Drinking Water. EPA
815-B-97-001. 1997.
USEPA. 1998a. Announcement of Small Systems Compliance Technology Lists for Existing
National Primary Drinking Water Regulations and Findings Concerning Variance
Technologies. Federal Register. Vol. 63, No. 151, p. 42032. August 6, 1998.
Appendix J-3
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USEPA. 1998b. Small System Compliance Technology List for the Non-Microbial Contaminants
Regulated Before 1996. EPA-815-R-98-002. September 1998.
USEPA. 1998c. Actual Cost for Compliance with the Safe Drinking Water Act Standard for
Radium-226 and Radium-228. Final Report. Prepared by International Consultants, Inc. July
1998.
USEPA. 1999a. Technologies and Costs for the Removal of Radionuclides from Potable Water
Supplies. Draft. Prepared by International Consultants, Inc. April 1999.
USEPA. 1999b. Small System Compliance Technology List for the Radionuclides Rule. Prepared
by International Consultants, Inc. Draft. April 1999.
USEPA. 1999c. Revised Cost Estimates of Radiochemical Analysis. Prepared by EPA and Science
Applications International Corporation (SAIC). April 1999.
USEPA. 1999d. State Implementation Guidance for the Consumer Confidence Report (CCR) Rule.
EPA 816-R-99-008. August 1999.
USEPA. 2000. Radionuclide Notice of Data Availability. April 2000.
Appendix J-4
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