[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 34084-34086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16004]
[[Page 34083]]
_______________________________________________________________________
Part X
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 141
National Primary and Secondary Drinking Water Regulations; Analytical
Methods for Regulated Drinking Water Contaminants; Final Rule
Federal Register / Vol. 60, No. 125 / Thursday, June 29, 1995 / Rules
and Regulations
[[Page 34084]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 141
[WH-FRL-5349-6]
National Primary and Secondary Drinking Water Regulations:
Analytical Methods for Regulated Drinking Water Contaminants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical corrections.
-----------------------------------------------------------------------
SUMMARY: EPA is amending the National Primary Drinking Water
Regulations to correct typographical errors and minor technical
mistakes or omissions.
EFFECTIVE DATE: These corrections are effective June 29, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. Jitendra Saxena, Drinking Water
Standards Division, Office of Ground Water and Drinking Water (4603),
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460, (202) 260-9579.
SUPPLEMENTARY INFORMATION: In 1994, EPA promulgated the use of several
new methods and updated versions of previously approved methods, and
withdrew outdated methods for analysis of contaminants in drinking
water (59 FR 62456, December 5, 1994). In 1992, EPA promulgated Maximum
Contaminant Level Goals and National Primary Drinking Water Regulations
for 23 contaminants (Phase V) (57 FR 31776, July 17, 1992). These
regulations contained typographical and minor technical errors which
are corrected by this rule.
The Administrative Procedures Act, 5 U.S.C. 553, provides that when
an Agency finds good cause, it may issue a rule without first providing
notice and comment and make the rule immediately effective. This rule
corrects errors and omissions in 40 CFR 141. These revisions are very
minor and the Agency believes that neither comment nor a delayed
effective date is necessary or in the public interest. Accordingly, EPA
finds that there is good cause not to solicit comment on this rule and
to have the revisions immediately effective.
Corrections to the Regulation
This rule corrects errors in the regulatory language. These
corrections are described below:
This rule corrects an omission from footnote 1 to the table in
Sec. 141.21(f)(3) by adding a line about storage temperature for
samples. The preamble to the final rule (59 FR 62456, December 5, 1994)
states that a footnote specifying coliform sample transit time and
temperature would be added at Sec. 141.21(f)(3). However, footnote 1 in
the final rule covers transit time but omits transit temperature. The
revised footnote encourages but does not require systems to hold
samples at 10 deg.C. This rule also corrects footnote 2 to the table in
Sec. 141.21(f)(3) by adding ``and false- negative rate'' after ``false-
positive rate''. In deciding if lactose broth as commercially available
may be used in lieu of lauryl tryptose broth, both false-positive rate
and false-negative rates should be less than 10 percent. The false-
negative rate was inadvertently omitted.
This rule makes a correction to the table in Sec. 141.23(k)(1) by
changing the analytical method for temperature from 2550B to 2550. The
method citation 2550B refers to the second paragraph of Method 2550.
Because the first paragraph (paragraph A) contains relevant
introductory description, the complete method will be cited as 2550.
Reference to Standard Method 2550 throughout the regulatory language
should be helpful to avoid confusion.
This rule makes correction to the table in Sec. 141.23(k)(4) by
deleting footnote 1. The first sentence in the footnote explained an
option to ice samples. The second sentence explained a requirement
already contained in the method. Because both sentences can be
understood from the method itself, the footnote is redundant and is
removed. As a result the remaining footnotes and superscripts in the
table referring to footnotes are renumbered. This rule also corrects a
typographical error in the table by changing NAOH to NaOH in the
preservative column for the contaminant cyanide.
This rule corrects the table in Sec. 141.24(h)(18) by changing
Dibromochloropropane (DBCP) to 1,2-Dibromo-3-chloropropane (DBCP). The
name of the compound as given in the table covers more than one isomer
while the method for DBCP actually measures this specific isomer. The
correction in no way affects the ease or difficulty in achieving
detection limit for DBCP.
This rule corrects an inadvertent deletion that occurred in the
December 5, 1995 document. Today's rule restores the trihalomethane
(THM) sampling instructions and maximum total trihalomethane (TTHM)
potential instructions previously contained in Sec. 141.30. Part III of
Appendix C of Sec. 141.30 has been modified to remove reference to EPA
methods 501.1 and 501.2 which were withdrawn. The modified text is no
longer called Part III of Appendix C; it is now included as
Sec. 141.30(g). Section 141.30(c)(1) has also been amended to include
reference to the procedure for maximum TTHM potential.
The rule corrects an omission in footnote 2 to the table in
Sec. 141.74(a)(1) by adding a line about storage temperature for
samples. The revised footnote encourages but does not require systems
to hold samples at 10 deg.C. An omission in footnote 2 to the table in
Sec. 141.74(a)(1) has been corrected by adding the term ``and false-
negative rate'' after ``false-positive rate.'' The rationales for these
corrections are provided earlier in the section discussing similar
corrections to Sec. 141.21(f)(3).
The introductory part of Sec. 141.74(a)(1) has been revised to
refer to Sec. 141.23(k)(1) for temperature measurement methodology.
This is being done for clarity. As a result of this revision, EPA is
deleting the reference to temperature in the table in
Sec. 141.74(a)(1). This rule also corrects several typographical errors
in the table in Sec. 141.74(a)(1). The corrections include: Addition of
superscript 2 on total coliform and on fecal coliform for reference to
footnote 2, moving the numbers 3,4,5 next to total coliform
fermentation technique from their current position to superscript
position, deleting ``MPN'' from the methodology entitled ``Fecal
Coliform MPN Procedure'' consistent with editorial changes in the 18th
edition of Standard Methods for the Examination of Water and
Wastewater, 1992, changing ``Fecal Coliforms'' to ``Fecal Coliform'',
and changing Heterot-rophic to Hetero-trophic.
Regulation Assessment Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735; October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
executive order. The order defines ``significant regulatory action'' as
one that is likely to result in a rule that may: (1) Have an annual
effect on the economy of $100 million or more, or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities; (2) Create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; (3) Materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of
[[Page 34085]]
recipients thereof; or (4) Raise novel legal or policy issues arising
out of legal mandates, the President's priorities, or the principles
set forth in the executive order.
This rule makes only technical and typographical corrections in a
previous rule. Therefore, this rule is not a ``significant regulatory
action'' under the terms of Executive Order 12866 and is therefore not
subject to OMB review.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act requires EPA to explicitly consider
the effect of these regulations on small entities. By policy, EPA has
decided to consider regulatory alternatives if there is any economic
impact on any small entities. This rule does not impose additional
requirements, it only makes minor technical and typographical
corrections in previous rules.
C. Paperwork Reduction Act
The rule contains no requests for information and consequently is
not subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
D. Unfunded Mandate Reform Act
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Pub. L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, or tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When such a statement is needed for an EPA rule, section 205
of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, more cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, and tribal
governments or the private sector because the rule merely corrects
typographical errors and minor technical mistakes or omissions. Thus
today's rule is not subject to the requirements of sections 202 and 205
of the UMRA. For the same reason, EPA has determined that this rule
contains no regulatory requirements that might significantly or
uniquely affect small governments.
List of Subjects in 40 CFR Part 141
Environmental protection, Chemicals, Analytical methods, Water
supply.
Dated: June 23, 1995.
Dana D. Minerva,
Deputy Assistant Administrator, Office of Water.
For the reasons set forth in the preamble, part 141 of chapter I,
title 40 of the Code of Federal Regulations is amended as follows:
PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS
1. The authority citation for part 141 continues to read as
follows:
Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9.
2. Section 141.21 is amended by revising footnotes 1 and 2 to the
table in paragraph (f)(3) to read as follows:
Sec. 141.21 Coliform sampling.
* * * * *
(f) * * *
(3) * * *
\1\ The time from sample collection to initiation of analysis
may not exceed 30 hours. Systems are encouraged but not required to
hold samples below 10 deg.C during transit.
\2\ Lactose broth, as commercially available, may be used in lieu of
laurel tryptose broth, if the system conducts at least 25 parallel
tests between this medium and lauryl tryptose broth using the water
normally tested, and this comparison demonstrates that the false-
positive rate and false-negative rate for total coliforms, using
lactose broth, is less than 10 percent.
* * * * *
3. In the table in Sec. 141.23(k)(1) the entry ``temperature'' in
the contaminant column is amended by revising the entry ``2550B'' to
read ``2550'' in the SM column.
4. The table in Sec. 141.23(k)(2) is amended by removing footnote 1
and redesignating footnotes 2 through 4 as footnotes 1 through 3
respectively and by revising the entry for ``cyanide'' to read as
follows:
Sec. 141.23 Inorganic chemical sampling for analytical requirements.
* * * * *
(k) * * *
(2) * * *
------------------------------------------------------------------------
Contaminant Preservative Container \1\ Time \2\
------------------------------------------------------------------------
* * * *
* * *
Cyanide............ Cool, 4 deg.C, P or G............ 14 days
NaOH to pH>12 \3\.
* * * *
* * *
------------------------------------------------------------------------
\1\ P=plastic, hard or soft; G=glass, hard or soft.
\2\ In all cases, samples should be analyzed as soon after collection as
possible.
\3\ See method(s) for the information for preservation.
* * * * *
Sec. 141.24 [Amended]
5. The table in Sec. 141.24(h)(18) is amended by revising the
contaminant ``Dibromochloropropane (DBCP)'' to read ``1,2-Dibromo-3-
chloropropane (DBCP)''.
6. Section 141.30 is amended by revising the second sentence in
paragraph (c)(1) and revising paragraph (e), and adding a new paragraph
(g) to read as follows:
Sec. 141.30 Total trihalomethane sampling, analytical and other
requirements.
* * * * *
[[Page 34086]]
(c) * * *
(1) * * * The system shall submit the results of at least one
sample for maximum TTHM potential using the procedure specified in
paragraph (g) of this section. A sample must be analyzed from each
treatment plant used by the system and be taken at a point in the
distribution system reflecting the maximum residence time of the water
in the system. * * *
* * * * *
(e) Sampling and analyses made pursuant to this section shall be
conducted by one of the total trihalomethane methods as directed in
Sec. 141.24(e), and the Technical Notes on Drinking Water Methods, EPA-
600/R-94-173, October 1994, which is available from NTIS, PB-104766.
Samples for TTHM shall be dechlorinated upon collection to prevent
further production of trihalomethanes, according to the procedures
described in the methods, except acidification is not required if only
THMs or TTHMs are to be determined. Samples for maximum TTHM potential
should not be dechlorinated or acidified, and should be held for seven
days at 25 deg.C (or above) prior to analysis.
* * * * *
(g) The water sample for determination of maximum total
trihalomethane potential is taken from a point in the distribution
system that reflects maximum residence time. Procedures for sample
collection and handling are given in the methods. No reducing agent is
added to ``quench'' the chemical reaction producing THMs at the time of
sample collection. The intent is to permit the level of THM precursors
to be depleted and the concentration of THMs to be maximized for the
supply being tested. Four experimental parameters affecting maximum THM
production are pH, temperature, reaction time and the presence of a
disinfectant residual. These parameters are dealt with as follows:
Measure the disinfectant residual at the selected sampling point.
Proceed only if a measurable disinfectant residual is present. Collect
triplicate 40 ml water samples at the pH prevailing at the time of
sampling, and prepare a method blank according to the methods. Seal and
store these samples together for seven days at 25 deg.C or above. After
this time period, open one of the sample containers and check for
disinfectant residual. Absence of a disinfectant residual invalidates
the sample for further analysis. Once a disinfectant residual has been
demonstrated, open another of the sealed samples and determine total
THM concentration using an approved analytical method.
7. Section 141.74 is amended by revising paragraph (a)(1) 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 and by using
analytical test procedures contained in Technical Notes on Drinking
Water Methods, EPA-600/R-94-173, October 1994, which is available at
NTIS PB95-104766.
------------------------------------------------------------------------
Organism Methodology Citation \1\
------------------------------------------------------------------------
Total Coliforms \2\....... Total Coliform 9221A, B, C
fermentation Technique
3,4,5.
Total coliform membrane 9222A, B, C
filter technique.
ONPG-mug test membrane \6\ 9223
Fecal Coli forms \2\...... Fecal Coliform Procedure 9221E
\7\.
Fecal Coliform filter 9222D
procedure.
Heterotrophic bacteria \2\ Pour Plate method......... 9215B
Turbidity................. Nephelometric method...... 2130B
Nephelometric method...... 180.1 \8\
Great Lakes instruments... Method 2 \9\
------------------------------------------------------------------------
\1\ Except where noted, all methods refer to the 18th edition of
Standard Methods for the Examination of Water and Wastewater, 1992,
American Public Health Association, 1015 Fifteenth Street NW,
Washington, D.C. 20005.
\2\ The time from sample collection to initiation of analysis may not
exceed 8 hours. Systems are encouraged but not required to hold
samples below 10 deg.C during transit.
\3\ Lactose broth, as commercially available, may be used in lieu of
lauryl tryptose broth, if the system conducts at least 25 parallel
tests between this medium and lauryl tryptose broth using the water
normally tested, and this comparison demonstrates that the false
positive rate and false negative rate for total coliforms, using
lactose broth, is less than 10 percent.
\4\ Media should cover inverted tubes at least one-half to two-thirds
after the sample is added.
\5\ No requirement exists to run the completed phase on 10 percent of
all total coliform-positive confirmed tubes.
\6\ The ONPG-MUG Test is also known as the Autoanalysis Colilert System.
\7\ A-1 Broth may be held up to three months in a tightly closed
screwcap tube at 4 deg.C.
\8\ ``Methods for the Determination of Inorganic Substances in
Environmental Samples'', EPA-600/R-93-100, August 1993. Available at
NTIS, PB94-121811.
\9\ GLI Method 2, ``Turbidity'', November 2, 1992, Great Lakes
Instruments, Inc., 8855 North 55th Street, Milwaukee, Wisconsin 53223.
[FR Doc. 95-16004 Filed 6-28-95; 8:45 am]
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