[Federal Register Volume 74, Number 123 (Monday, June 29, 2009)]
[Rules and Regulations]
[Pages 30953-30959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14598]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 141 and 143

[EPA-HQ-OW-2008-0644; FRL-8920-8]
RIN 2040-AF00


National Primary Drinking Water Regulations: Minor Correction to 
Stage 2 Disinfectants and Disinfection Byproducts Rule and Changes in 
References to Analytical Methods

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: In this action, EPA is making a minor correction to the Stage 
2 Disinfectants and Disinfection Byproducts Rule (DBPR) and minor, 
unrelated, editorial changes in references to analytical methods in the 
regulations. EPA promulgated the Stage 2 Disinfectants and Disinfection 
Byproducts Rule on January 4, 2006. A requirement for ground water 
systems serving 500-9,999 people was unintentionally excluded from the 
final rule. As a result, the rule allowed for less routine compliance 
monitoring than intended for this category of public water systems 
(PWSs). These PWSs should have been required to monitor for both total 
trihalomethanes (TTHM) and haloacetic acids (HAA5) concentrations at 
two locations. Due to the error, they were only required to monitor for 
either TTHM or HAA5 at two locations. EPA is also making minor, 
unrelated changes in the regulations by adding references to the list 
of analytical methods approved under the Expedited Approval Process, 
removing references to outdated methods, and specifying a new source 
for the publication titled Technical Notes on Drinking Water Methods.

DATES: This final rule is effective on July 29, 2009. For judicial 
review purposes, this final rule is promulgated as of June 29, 2009. 
The incorporation by reference of certain publications listed in this 
rule is effective as of June 29, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OW-2008-0644. All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the OW Docket, EPA/DC, EPA West, 
Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OW 
docket is (202) 566-2426.

FOR FURTHER INFORMATION CONTACT: For information concerning the Stage 2 
DBPR minor correction contact Tom Grubbs, Standards and Risk Management 
Division, Office of Ground Water and Drinking Water, M/C 4607M, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460; telephone number (202) 564-5262; e-mail address 
grubbs.thomas@epa.gov. For information concerning the methods

[[Page 30954]]

reference update in the CFR contact Patricia Fair, Standards and Risk 
Management Division, Technical Support Center, Office of Ground Water 
and Drinking Water, M/C 140, Environmental Protection Agency, 26 West 
Martin Luther King Drive, Cincinnati, Ohio 45268; telephone number 
(513) 569-7937; e-mail address fair.pat@epa.gov. For general 
information, contact the Safe Drinking Water Hotline, telephone number: 
(800) 426-4791. The Safe Drinking Water Hotline is open Monday through 
Friday, excluding legal holidays, from 10 a.m. to 4 p.m. Eastern time.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does This Action Apply to Me?

    Entities potentially regulated by this regulation are public water 
systems (PWSs). A public water system, as defined by section 1401 of 
the Safe Drinking Water Act (SDWA), is ``a system for the provision to 
the public of water for human consumption through pipes or other 
constructed conveyances, if such system has at least fifteen service 
connections or regularly serves at least twenty-five individuals.'' EPA 
defines ``regularly served'' as receiving water from the system 60 or 
more days per year. Categories and entities potentially regulated by 
this action include the following:

 
------------------------------------------------------------------------
                                   Examples of potentially regulated
           Category                             entities
------------------------------------------------------------------------
State, Tribal and Local        State, Tribal or local government-owned/
 Government.                    operated water supply systems using
                                ground water, surface water or mixed
                                ground water and surface water.
Federal Government...........  Federally owned/operated community water
                                supply systems using ground water,
                                surface water or mixed ground water and
                                surface water.
Industry.....................  Privately owned/operated community water
                                supply systems using ground water,
                                surface water or mixed ground water and
                                surface water.
------------------------------------------------------------------------

    This table is not intended to be an exhaustive list, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this action. This table lists the types of entities that EPA is now 
aware could potentially be regulated by this action. Other types of 
entities not listed in the table could also be regulated. To determine 
whether your facility is regulated by this action, you should carefully 
examine the definition of ``public water system'' in Sec.  141.2, the 
section entitled ``Coverage'' (Sec.  141.3), and the sections entitled 
``General requirements'' (Sec. Sec.  141.600 and 141.620) in Title 40 
of the Code of Federal Regulations and applicable criteria in 
Sec. Sec.  141.605, and 141.621 of today's rule. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

B. Minor Correction to the Stage 2 Disinfection and Disinfectant 
Byproduct Rule (DBPR)

    Today's final rule corrects, as proposed (73 FR 67456, November 14, 
2008) (USEPA, 2008b), a revised monitoring frequency for ground water 
systems serving 500-9,999 people to correct an error introduced when 
the tables were modified prior to publication of the (January 4, 2006) 
final rule. EPA has corrected the regulatory footnote at 40 CFR 141.605 
and 141.621 to clarify that these systems must take dual rather than 
single monitoring samples. The monitoring for these small systems is 
not required to begin until the year 2012 or 2013 (page 415, USEPA 
2006).
    In the Stage 2 DBPR Economic Analysis (USEPA, 2005a) and in the 
Information Correction Rule Supporting Statement (Page 52, USEPA 
2005b), EPA based the estimate of burden for these systems using the 
intended monitoring frequency. Population-based monitoring is discussed 
at length in the final Stage 2 DBPR (page 429, USEPA, 2006a) and the 
additional costs for monitoring by ground water systems serving 500-
9,999 people are included (page 456, USEPA, 2006a). EPA is not 
developing a new economic analysis for this final rule because the 
existing economic analysis accounts for all costs associated with this 
rule.

C. Changes Related to Analytical Methods

    1. Cross-references to Appendix A to Subpart C of Part 141.
    When EPA determines that an alternative analytical method is 
``equally effective'' (i.e., as effective as a method that has already 
been promulgated in the regulations), the Safe Drinking Water Act 
(SDWA) allows EPA to approve the use of the alternative method through 
publication in the Federal Register. Section 1401(1) of SDWA states 
that the newly approved methods ``shall be treated as an alternative 
for public water systems to the quality control and testing procedures 
listed in the regulation.'' EPA approved the first set of alternative 
methods using this authority in a Federal Register action published on 
June 3, 2008 (73 FR 31616) (USEPA 2008a). As part of that action, EPA 
added an appendix (Appendix A) to the regulations at 40 CFR Part 141, 
which lists the newly approved methods.
    The current Part 141 drinking water regulations do not indicate 
that additional approved methods are available and are listed in an 
appendix. Therefore, EPA is amending the regulations at each section 
that lists approved analytical methods to add cross references to 
Appendix A to subpart C of part 141. This will make public water 
systems, laboratories, and States more aware of the alternative 
methods. References to the appendix are added at the following places:

--Section 141.21(f)(3) and (f)(6)
--Section 141.23(k)(1)
--Section 141.24(e)
--Section 141.25(a)
--Section 141.74(a)(1) and (a)(2)
--Section 141.131(b)(1), (c)(1), and (d)
--Section 141.402(c)(2)
--Section 141.704(a) and (b)
--Section 143.4(b)

    2. Removal of methods that are no longer approved.
    When the arsenic maximum contaminant level (MCL) was revised to 
0.010 mg/L, some of the analytical methods that were previously 
approved for analyzing samples for arsenic were no longer sensitive 
enough to determine compliance. EPA added footnote 15 to the table at 
40 CFR 141.23(k)(1) to indicate that use of these methods would not be 
allowed after January 23, 2006. EPA is updating the listing of approved 
arsenic methods to remove methods that are no longer allowed (EPA 
200.7, SM 3120 B and SM 3120 B-99). EPA is also revising footnotes 13 
and 14 to the table to paragraph (k)(1) to remove references to methods 
that are no longer approved to determine arsenic. EPA is also removing 
Footnote 15 and reserving this footnote number for future use.
    Paragraph (e)(2) of 40 CFR 141.24 lists methods that were approved 
for use until June 1, 2001. Since these methods are no longer approved, 
EPA is removing the paragraph. EPA is also removing footnote 1 to the 
table at 40

[[Page 30955]]

CFR 141.24(e)(1) because it refers to 40 CFR 141.24(e)(2). Footnote 1 
is reserved for future use. The header to the table is revised to 
remove the reference to footnote 1.
    3. Source for obtaining copies of Technical Notes on Drinking Water 
Methods, EPA-600/R-94-173, October 1994.
    This document is now available at no cost from the National Service 
Center for Environmental Publications (NSCEP), P.O. Box 42419, 
Cincinnati, OH 45242-0419 or http://www.epa.gov/nscep/. EPA is updating 
the following regulations to reflect this new information:

--Section 141.23(k)(1)
--Section 141.74(a)(1)
--Section 143.4(b)

D. Summary of Public Comments

    EPA requested public comment in the proposed rule (USEPA 2008b) and 
received one comment. This comment is available in the docket for this 
final rule. The comment concerns a section of the Stage 2 DBPR for 
which EPA did not propose a change, nor was the section discussed in 
the proposed rule. Therefore, the comment is outside the scope of this 
rulemaking. The commenter noted that the reduced monitoring frequency 
and the distribution system monitoring location per monitoring period 
for ground water systems serving fewer than 500 people in the table in 
40 CFR 141.623(a) did not agree. Systems in that category that qualify 
for reduced monitoring are required to take one TTHM and one HAA5 
sample every third year, with a provision for the system to take a dual 
sample set (a TTHM and an HAA5 sample taken at the same location and 
the same time) if specific criteria are met. The monitoring period in 
the column titled ``Distribution system monitoring location per 
monitoring period'' indicates that the monitoring period for a dual 
sample set is per year, rather than every third year, which is what it 
should have been to agree with the monitoring frequency. Since the 
Agency did not propose this correction, it will not address it in this 
final action.

II. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction

    This action does not impose any new information collection burden. 
In this action, EPA is making a minor correction to the Stage 2 DBPR, 
adding references in the Code of Federal Regulations (CFR) to the list 
of methods approved under the Expedited Approval Process, removing 
references to outdated methods in the CFR, and specifying a new source 
for the publication titled Technical Notes on Drinking Water Methods. 
However, the Office of Management and Budget (OMB) has previously 
approved the information collection requirements contained in the Stage 
2 DBPR existing regulations at 40 CFR Part 141 under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned 
OMB control number (number 2040-0265). The OMB control numbers for 
EPA's regulations in 40 CFR are listed in 40 CFR part 9. There is no 
burden associated with regard to the minor, editorial changes in 
references to analytical methods in the CFR. This action does not 
impose any new information collection burden under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    The RFA provides default definitions for each type of small entity. 
Small entities are defined as: (1) A small business as defined by the 
Small Business Administration's (SBA) regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or special district with a population of 
less than 50,000; and (3) a small organization that is any ``not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' However, the RFA also authorizes an agency to 
use alternative definitions for each category of small entity, ``which 
are appropriate to the activities of the agency'' after proposing the 
alternative definition(s) in the Federal Register and taking comment. 5 
U.S.C. 601(3)-(5). In addition, to establish an alternative small 
business definition, agencies must consult with SBA's Chief Counsel for 
Advocacy.
    For purposes of assessing the impacts of today's rule on small 
entities, EPA considered small entities to be public water systems 
(PWS) serving 10,000 or fewer persons. As required by the RFA, EPA 
proposed using this alternative definition in the Federal Register (63 
FR 7620, February 13, 1998), requested public comment, consulted with 
the Small Business Administration (SBA), and finalized the alternative 
definition in the Consumer Confidence Reports regulation (63 FR 44511, 
August 19, 1998). As stated in that Final Rule, the alternative 
definition would be applied to this regulation as well.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
correction does not impose any new costs or burdens on PWSs. The ground 
water system monitoring costs were accounted for and detailed in the 
Stage 2 DBPR Economic Analysis and summarized in the preamble of the 
Stage 2 DBPR (USEPA, 2006a). A copy of Stage 2 DBPR and the final 
rule's Economic Analysis can be found in the Docket for this rule.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. This rule makes a minor correction to the Stage 2 DBPR and 
minor, editorial changes in references to analytical methods in the 
Code of Federal Regulations. Therefore, this rule is not subject to the 
requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. As previously 
stated, this rule makes a minor correction to the Stage 2 DBPR and 
minor, editorial changes in references to analytical methods in the 
Code of Federal Regulations; actions that will not significantly or 
uniquely affect small governments.

E. Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of

[[Page 30956]]

regulatory policies that have federalism implications.'' ``Policies 
that have federalism implications'' is defined in the Executive Order 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This rule makes a minor 
correction to the Stage 2 DBPR and minor, editorial changes in 
references to analytical methods in the Code of Federal Regulations. 
The Stage 2 DBPR (USEPA 2006) states that the final rule will not have 
federalism implications and, with regard to the minor, editorial 
changes to references of analytical methods in the Code of Federal 
Regulations, those changes do not impose substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Thus, Executive Order 13132 does not 
apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicited comment on the proposed rule 
from State and local officials.

F. Executive Order 13175

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This rule makes 
a minor correction to the Stage 2 DBPR and minor, editorial changes in 
references to analytical methods in the Code of Federal Regulations, 
actions that will not have tribal implications. Thus, Executive Order 
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because it does not establish an environmental standard intended 
to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 18355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This final rule does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This rule makes a minor correction to the Stage 2 DBPR and 
minor, editorial changes in references to analytical methods in the 
Code of Federal Regulations. These actions will not have a 
disproportionately high and adverse human health or environmental 
effects on any population, including any minority or low-income 
population.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Enforcement Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each house of the Congress and the Comptroller General 
of the United States. EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective July 29, 2009.

References

    USEPA. 2005a. Economic Analysis for the Final Stage 2 
Disinfectants and Disinfection Byproducts Rule. Washington, DC. EPA 
815-R-05-010.
    USEPA. 2005b. Information Collection Request for National 
Primary Drinking Water Regulations: Final Stage 2 Disinfectants and 
Disinfection Byproducts Rule. Washington, DC. EPA 815-Z-05-002.
    USEPA. 2006. National Primary Drinking Water Regulations: Stage 
2 Disinfectants and Disinfection Byproducts Rule. EPA 815-Z-06-002. 
71 FR 4644. January 4, 2006.
    USEPA. 2008a. Expedited Approval of Alternative Test Procedures 
for the Analysis of Contaminants Under the Safe Drinking Water Act; 
Analysis and Sampling Procedures. 73 FR 17902. June 3, 2008.
    USEPA. 2008b. National Primary Drinking Water Regulations: Minor 
Correction to Stage 2 Disinfectants and Disinfection Byproducts Rule 
and Changes in References to Analytical Methods. EPA 815-Z-08-003. 
73 FR 67456. November 14, 2008.

List of Subjects

40 CFR Part 141

    Environmental protection, Chemicals, Incorporation by reference, 
Indians--lands, Intergovernmental relations, Radiation protection, 
Reporting and recordkeeping requirements, Water supply.

40 CFR Part 143

    Chemicals, Indians--lands, Water--supply.


[[Page 30957]]


    Dated: June 16, 2009.
Lisa P. Jackson,
Administrator.

0
For the reasons set forth in the preamble, Title 40 chapter I of the 
Code of Federal Regulations is amended as follows:

PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS

0
1. The authority citation for part 141 continues to read as follows:

    Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.


0
2. Section 141.21 is amended by revising the introductory text 
preceding the table in paragraph (f)(3), and the introductory text of 
paragraph (f)(6), to read as follows:


Sec.  141.21  Coliform sampling.

* * * * *
    (f) * * *
    (3) Public water systems must conduct total coliform analyses in 
accordance with one of the analytical methods in the following table or 
one of the alternative methods listed in Appendix A to subpart C of 
this part.
* * * * *
    (6) Public water systems must conduct analysis of Escherichia coli 
in accordance with one of the following analytical methods or one of 
the alternative methods listed in Appendix A to subpart C of this part.
* * * * *

0
3. Section 141.23 is amended as follows by:
0
a. Revising the introductory text preceding the table in paragraph 
(k)(1);
0
b. Revising entry 3 in the table to paragraph (k)(1);
0
c. Revising footnotes 13 and 14 to the table to paragraph (k)(1); and
0
d. Removing and reserving footnote 15 to the table to paragraph (k)(1).


Sec.  141.23  Inorganic chemical sampling and analytical requirements.

* * * * *
    (k) * * *
    (1) Analysis for the following contaminants shall be conducted in 
accordance with the methods in the following table, or the alternative 
methods listed in Appendix A to subpart C of this part, or their 
equivalent as determined by EPA. Criteria for analyzing arsenic, 
barium, beryllium, cadmium, calcium, chromium, copper, lead, nickel, 
selenium, sodium, and thallium with digestion or directly without 
digestion, and other analytical test procedures are contained in 
Technical Notes on Drinking Water Methods, EPA-600/R-94-173, October 
1994. This document is available from the National Service Center for 
Environmental Publications (NSCEP), P.O. Box 42419, Cincinnati, OH 
45242-0419 or http://www.epa.gov/nscep/.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         SM \4\
               Contaminant                     Methodology \13\           EPA           ASTM \3\      (18th, 19th     SM \4\     SM online      Other
                                                                                                          ed.)      (20th ed.)      \22\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
3. Arsenic \14\.........................  ICP-Mass Spectrometry.....    \2\ 200.8
                                          Atomic Absorption;            \2\ 200.9
                                           Platform.
                                          Atomic Absorption; Furnace  ...........     D2972-97, 03 C       3113 B  ...........    3113 B-99
                                          Hydride Atomic Absorption.  ...........     D1972-97, 03 B       3114 B  ...........    3114 B-97
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
\2\ ``Methods for the Determination of Metals in Environmental Samples--Supplement I,'' EPA/600/R-94/111, May 1994. Available at NTIS, PB95-125472.
\3\ Annual Book of ASTM Standards, 1994, 1996, 1999, or 2003, Vols. 11.01 and 11.02, ASTM International; any year containing the cited version of the
  method may be used. The previous version of D1688-95A, D1688-95C (copper), D3559-95D (lead), D1293-95 (pH), D1125-91A (conductivity) and D859-94
  (silica) are also approved. These previous versions D1688-90A, C; D3559-90D, D1293-84, D1125-91A and D859-88, respectively are located in the Annual
  Book of ASTM Standards, 1994, Vol. 11.01. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428.
\4\ Standard Methods for the Examination of Water and Wastewater, 18th edition (1992), 19th edition (1995), or 20th edition (1998). American Public
  Health Association, 1015 Fifteenth Street, NW., Washington, DC 20005. The cited methods published in any of these three editions may be used, except
  that the versions of 3111 B, 3111 D, 3113 B and 3114 B in the 20th edition may not be used.
* * * * *
\13\ Because MDLs reported in EPA Methods 200.7 and 200.9 were determined using a 2x preconcentration step during sample digestion, MDLs determined when
  samples are analyzed by direct analysis (i.e., no sample digestion) will be higher. For direct analysis of cadmium by Method 200.7, sample
  preconcentration using pneumatic nebulization may be required to achieve lower detection limits. Preconcentration may also be required for direct
  analysis of antimony, lead, and thallium by Method 200.9; antimony and lead by Method 3113 B; and lead by Method D3559-90D, unless multiple in-furnace
  depositions are made.
\14\ If ultrasonic nebulization is used in the determination of arsenic by Method 200.8, the arsenic must be in the pentavalent state to provide uniform
  signal response. For direct analysis of arsenic with Method 200.8 using ultrasonic nebulization, samples and standards must contain 1 mg/L of sodium
  hypochlorite.
\15\ [Reserved]
* * * * *
\22\ Standard Methods Online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard Methods
  Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be used.
* * * * *


0
4. Section 141.24 is amended by:
0
a. Revising paragraph (e) introductory text;
0
b. Removing and reserving footnote 1 to the table to paragraph (e)(1); 
and
0
c. Removing and reserving paragraph (e)(2).


Sec.  141.24  Organic chemicals, sampling and analytical requirements.

* * * * *
    (e) Analyses for the contaminants in this section shall be 
conducted using the methods listed in the following table, or the 
alternative methods listed in Appendix A to subpart C of this part,

[[Page 30958]]

or their equivalent as determined by EPA.
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                             Standard
                         Contaminant                           EPA method    methods        ASTM        Other
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ [Reserved]

* * * * *
    (2) [Reserved]
* * * * *

0
5. Section 141.25 is amended by revising the introductory text 
preceding the table in paragraph (a) to read as follows:


Sec.  141.25  Analytical methods for radioactivity.

    (a) Analysis for the following contaminants shall be conducted to 
determine compliance with Sec.  141.66 (radioactivity) in accordance 
with the methods in the following table, or the alternative methods 
listed in Appendix A to subpart C this part, or their equivalent 
determined by EPA in accordance with Sec.  141.27.
* * * * *

0
6. Section 141.74 is amended by revising the introductory text 
preceding the tables in paragraphs (a)(1) and (a)(2) to read as 
follows:


Sec.  141.74  Analytical and monitoring requirements.

    (a) * * *
    (1) Public water systems must conduct analysis of pH and 
temperature in accordance with one of the methods listed at Sec.  
141.23(k)(1). Public water systems must conduct analysis of total 
coliforms, fecal coliforms, heterotrophic bacteria, and turbidity in 
accordance with one of the following analytical methods or one of the 
alternative methods listed in Appendix A to subpart C of this part and 
by using analytical test procedures contained in Technical Notes on 
Drinking Water Methods, EPA-600/R-94-173, October 1994. This document 
is available from the National Service Center for Environmental 
Publications (NSCEP), P.O. Box 42419, Cincinnati, OH 45242-0419 or 
http://www.epa.gov/nscep/.
* * * * *
    (2) Public water systems must measure residual disinfectant 
concentrations with one of the analytical methods in the following 
table or one of the alternative methods listed in Appendix A to subpart 
C of this part. If approved by the State, residual disinfectant 
concentrations for free chlorine and combined chlorine also may be 
measured by using DPD colorimetric test kits. In addition States may 
approve the use of the ITS free chlorine test strip for the 
determination of free chlorine. Use of the test strips is described in 
Method D99-003, ``Free Chlorine Species (HOCl- and 
OCl-) by Test Strip,'' Revision 3.0, November 21, 2003, 
available from Industrial Test Systems, Inc., 1875 Langston St., Rock 
Hill, SC 29730. Free and total chlorine residuals may be measured 
continuously by adapting a specified chlorine residual method for use 
with a continuous monitoring instrument provided the chemistry, 
accuracy, and precision remain the same. Instruments used for 
continuous monitoring must be calibrated with a grab sample measurement 
at least every five days, or with a protocol approved by the State.
* * * * *

0
7. Section 141.131 is amended by revising paragraphs (b)(1) 
introductory text, (c)(1) introductory text, and (d) introductory text 
to read as follows:


Sec.  141.131  Analytical requirements.

* * * * *
    (b) * * * (1) Systems must measure disinfection byproducts by the 
methods (as modified by the footnotes) listed in the following table or 
one of the alternative methods listed in Appendix A to subpart C of 
this part:
* * * * *
    (c) * * * (1) Systems must measure residual disinfectant 
concentration for free chlorine, combined chlorine (chloramines), and 
chlorine dioxide by the methods listed in the following table or one of 
the alternative methods listed in Appendix A to subpart C of this part:
* * * * *
    (d) Additional analytical methods. Systems required to analyze 
parameters not included in paragraphs (b) and (c) of this section must 
use the following methods or one of the alternative methods listed in 
Appendix A to subpart C of this part. A party approved by EPA or the 
State must measure these parameters.
* * * * *

0
8. Section 141.402 is amended by revising paragraph (c)(2) introductory 
text preceding the table to read as follows:


Sec.  141.402  Ground water source microbial monitoring and analytical 
methods.

* * * * *
    (c) * * *
    (2) A ground water system must analyze all ground water source 
samples collected under paragraph (a) of this section using one of the 
analytical methods listed in the following table in paragraph (c)(2) of 
this section or one of the alternative methods listed in Appendix A to 
subpart C of this part for the presence of E. coli, enterococci, or 
coliphage:
* * * * *

0
9. Section 141.605 is amended by revising footnote 2 to the table in 
paragraph (b) to read as follows:


Sec.  141.605  Subpart V compliance monitoring location 
recommendations.

* * * * *
    (b) * * *
    \2\ Systems on quarterly monitoring must take dual sample sets 
every 90 days at each monitoring location, except for subpart H systems 
serving 500-3,300. Ground water systems serving 500-9,999 on annual 
monitoring must take dual sample sets at each monitoring location. All 
other systems on annual monitoring and subpart H systems serving 500-
3,300 are required to take individual TTHM and HAA5 samples (instead of 
a dual sample set) at the locations with the highest TTHM and HAA5 
concentrations, respectively. For systems serving fewer than 500 
people, only one location with a dual sample set per monitoring period 
is needed if the highest TTHM and HAA5 concentrations occur at the same 
location and month.
* * * * *

0
10. Section 141.621 is amended by revising footnote 2 to the table in 
paragraph (a)(2) to read as follows:


Sec.  141.621  Routine monitoring.

    (a) * * *
    (2) * * *
    \2\ Systems on quarterly monitoring must take dual sample sets 
every 90 days at each monitoring location, except for subpart H systems 
serving 500-3,300. Ground water systems serving 500-9,999 on annual 
monitoring must take dual sample sets at each monitoring

[[Page 30959]]

location. All other systems on annual monitoring and subpart H systems 
serving 500-3,300 are required to take individual TTHM and HAA5 samples 
(instead of a dual sample set) at the locations with the highest TTHM 
and HAA5 concentrations, respectively. For systems serving fewer than 
500 people, only one location with a dual sample set per monitoring 
period is needed if the highest TTHM and HAA5 concentrations occur at 
the same location and month.
* * * * *

0
11. Section 141.704 is amended by revising paragraphs (a) introductory 
text and (b) introductory text to read as follows:


Sec.  141.704  Analytical methods.

    (a) Cryptosporidium. Systems must analyze for Cryptosporidium using 
Method 1623: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, 
2005, United States Environmental Protection Agency, EPA-815-R-05-002 
or Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 2005, 
United States Environmental Protection Agency, EPA-815-R-05-001, which 
are incorporated by reference, or alternative methods listed in 
Appendix A to subpart C of this part. The Director of the Federal 
Register approves this incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of these methods 
online from http://www.epa.gov/safewater/disinfection/lt2 or from the 
United States Environmental Protection Agency, Office of Ground Water 
and Drinking Water, 1201 Constitution Ave., NW., Washington, DC 20460 
(Telephone: 800-426-4791). You may inspect a copy at the Water Docket 
in the EPA Docket Center, 1301 Constitution Ave., NW., Washington, DC 
(Telephone: 202-566-2426) or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
    (b) E. coli. System must use methods for enumeration of E. coli in 
source water approved in Sec.  136.3(a) of this chapter or alternative 
methods listed in Appendix A to subpart C of this part.
* * * * *

PART 143--NATIONAL SECONDARY DRINKING WATER REGULATIONS

0
12. The authority citation for part 143 continues to read as follows:

    Authority: U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 
300g-6, 300j-4, 300j-9, and 300j-11.


0
13. Section 143.4 is amended by revising the introductory text 
preceding the table in paragraph (b) to read as follows:


Sec.  143.4  Monitoring.

* * * * *
    (b) Measurement of pH, copper and fluoride to determine compliance 
under Sec.  143.3 may be conducted with one of the methods in Sec.  
141.23(k)(1). Analyses of aluminum, chloride, foaming agents, iron, 
manganese, odor, silver, sulfate, total dissolved solids (TDS) and zinc 
to determine compliance under Sec.  143.3 may be conducted with the 
methods in the following table or alternative methods listed in 
Appendix A to subpart C of part 141. Criteria for analyzing aluminum, 
copper, iron, manganese, silver and zinc samples with digestion or 
directly without digestion, and other analytical test procedures are 
contained in Technical Notes on Drinking Water Methods, EPA-600/R-94-
173, October 1994. This document is available from the National Service 
Center for Environmental Publications (NSCEP), P.O. Box 42419, 
Cincinnati, OH 45242-0419 or http://www.epa.gov/nscep/.
* * * * *
[FR Doc. E9-14598 Filed 6-26-09; 8:45 am]
BILLING CODE 6560-50-P