[Title 40 CFR 143]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Part 143 - NATIONAL SECONDARY DRINKING WATER REGULATIONS]
[From the U.S. Government Publishing Office]




  40
  PROTECTION OF ENVIRONMENT
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  1996-07-01
  1996-07-01
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  NATIONAL SECONDARY DRINKING WATER REGULATIONS
  143
  PART 143
  
    PROTECTION OF ENVIRONMENT
    ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
  


PART 143--NATIONAL SECONDARY DRINKING WATER REGULATIONS--Table of Contents




Sec.
143.1  Purpose.
143.2  Definitions.
143.3  Secondary maximum contaminant levels.
143.4  Monitoring.
143.5  Compliance with secondary maximum contaminant level and public 
          notification for fluoride.

    Authority: 42 U.S.C. 300f et seq.

    Source: 44 FR 42198, July 19, 1979, unless otherwise noted.



Sec. 143.1  Purpose.

    This part establishes National Secondary Drinking Water Regulations 
pursuant to section 1412 of the Safe Drinking Water Act, as amended (42 
U.S.C. 300g-1). These regulations control contaminants in drinking water 
that primarily affect the aesthetic qualities relating to the public 
acceptance of drinking water. At considerably higher concentrations of 
these contaminants, health implications may also exist as well as 
aesthetic degradation. The regulations are not Federally enforceable but 
are intended as guidelines for the States.



Sec. 143.2  Definitions.

    (a) Act means the Safe Drinking Water Act as amended (42 U.S.C. 300f 
et seq.).
    (b) Contaminant means any physical, chemical, biological, or 
radiological substance or matter in water.
    (c) Public water system means a system for the provision to the 
public of piped water for human consumption, if such a system has at 
least fifteen service connections or regularly serves an average of at 
least twenty-five individuals daily at least 60 days out of the year. 
Such term includes (1) any collection, treatment, storage, and 
distribution facilities under control of the operator of such system and 
used primarily in connection with such system,

[[Page 471]]

and (2) any collection or pretreatment storage facilities not under such 
control which are used primarily in connection with such system. A 
public water system is either a ``community water system'' or a ``non-
community water system.''
    (d) State means the agency of the State or Tribal government which 
has jurisdiction over public water systems. During any period when a 
State does not have responsibi1ity pursuant to section 1443 of the Act, 
the term ``State'' means the Regional Administrator, U.S. Environmental 
Protection Agency.
    (e) Supplier of water means any person who owns or operates a public 
water system.
    (f) Secondary maximum contaminant levels means SMCLs which apply to 
public water systems and which, in the judgement of the Administrator, 
are requisite to protect the public welfare. The SMCL means the maximum 
permissible level of a contaminant in water which is delivered to the 
free flowing outlet of the ultimate user of public water system. 
Contamimants added to the water under circumstances controlled by the 
user, except those resulting from corrosion of piping and plumbing 
caused by water quality, are excluded from this definition.

[44 FR 42198, July 19, 1979, as amended at 53 FR 37412, Sept. 26, 1988]



Sec. 143.3  Secondary maximum contaminant levels.

    The secondary maximum contaminant levels for public water systems 
are as follows:

------------------------------------------------------------------------
                Contaminant                             Level           
------------------------------------------------------------------------
Aluminum..................................  0.05 to 0.2 mg/l.           
Chloride..................................  250 mg/l.                   
Color.....................................  15 color units.             
Copper....................................  1.0 mg/l.                   
Corrosivity...............................  Non-corrosive.              
Fluoride..................................  2.0 mg/l.                   
Foaming agents............................  0.5 mg/l.                   
Iron......................................  0.3 mg/l.                   
Manganese.................................  0.05 mg/l.                  
Odor......................................  3 threshold odor number.    
pH........................................  6.5-8.5.                    
Silver....................................  0.1 mg/l.                   
Sulfate...................................  250 mg/l.                   
Total dissolved solids (TDS)..............  500 mg/l.                   
Zinc......................................  5 mg/l.                     
------------------------------------------------------------------------

These levels represent reasonable goals for drinking water quality. The 
States may establish higher or lower levels which may be appropriate 
dependent upon local conditions such as unavailability of alternate 
source waters or other compelling factors, provided that public health 
and welfare are not adversely affected.

[44 FR 42198, July 19, 1979, as amended at 51 FR 11412, Apr. 2, 1986; 56 
FR 3597, Jan. 30, 1991]



Sec. 143.4  Monitoring.

    (a) It is recommended that the parameters in these regulations 
should be monitored at intervals no less frequent than the monitoring 
performed for inorganic chemical contaminants listed in the National 
Interim Primary Drinking Water Regulations as applicable to community 
water systems. More frequent monitoring would be appropriate for 
specific parameters such as pH, color, odor or others under certain 
circumstances as directed by the State.
    (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. 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, which is available at NTIS PB95-104766.

----------------------------------------------------------------------------------------------------------------
          Contaminant               EPA             ASTM \3\                    SM4                  Other      
----------------------------------------------------------------------------------------------------------------
Aluminum......................    \2\ 200.7  ......................  3120B...................                   
                                  \2\ 200.8  ......................  3113B...................                   
                                  \2\ 200.9  ......................  3111D...................                   
Chloride......................    \1\ 300.0  D4327-91..............  4110....................                   
                                                                     4500-Cl--D..............                   
Color.........................  ...........  ......................  2120B...................                   

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Foaming Agents................  ...........  ......................  5540C...................                   
Iron..........................    \2\ 200.7  ......................  3120B...................                   
                                  \2\ 200.9  ......................  3111B...................                   
                                                                     3113B...................                   
Manganese.....................     \2\200.7  ......................  3120B...................                   
                                  \2\ 200.8  ......................  3111B...................                   
                                  \2\ 200.9  ......................  3113B...................                   
Odor..........................  ...........  ......................  2150B...................                   
Silver........................    \2\ 200.7  ......................  3120B...................  I-3720-85 \5\    
                                  \2\ 200.8  ......................  3111B...................                   
                                  \2\ 200.9  ......................  3113B...................                   
Sulfate.......................    \1\ 300.0  D4327-91..............  4110....................                   
                                  \1\ 375.2  ......................  4500-SO 4-F.............                   
                                                                     4500-SO 4-C,D...........                   
TDS...........................  ...........  ......................  2540C...................                   
Zinc..........................    \2\ 200.7  ......................  3120B...................                   
                                  \2\ 200.8  ......................  3111B ..................                   
----------------------------------------------------------------------------------------------------------------
Footnotes:                                                                                                      
\1\ ``Methods for the Determination of Inorganic Substances in Environmental Samples'', EPA-600/R-93-100, August
  1993. Available at NTIS, PB94-121811.                                                                         
\2\ ``Methods for the Determination of Metals in Environmental Samples--Supplement I'', EPA-600/R-94-111, May   
  1994. Available at NTIS, PB94-184942.                                                                         
\3\ The procedures shall be done in accordance with the Annual Book of ASTM Standards, 1994, Vols. 11.01 and    
  11.02, American Society for Testing and Materials. This incorporation by reference was approved by the        
  Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies may be obtained 
  from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. 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.                                   
\4\ The procedures shall be done in accordance with the 18th edition of Standard Methods for the Examination of 
  Water and Wastewater, 1992, American Public Health Association. This incorporation by reference was approved  
  by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies may be   
  obtained from the American Public Health Association, 1015 Fifteenth Street NW., Washington, DC 20005. 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.                               
\5\ Available from Books and Open-File Reports Section, U.S. Geological Survey, Federal Center, Box 25425,      
  Denver, CO 80225-0425.                                                                                        


[44 FR 42198, July 19, 1979, as amended at 53 FR 5147, Feb. 19, 1988; 56 
FR 30281, July 1, 1991; 59 FR 62470, Dec. 5, 1994]



Sec. 143.5  Compliance with secondary maximum contaminant level and public notification for fluoride.

    (a) Community water systems, as defined in 40 CFR 141.2(e)(i) of 
this title, that exceed the secondary maximum contaminant level for 
fluoride as determined by the last single sample taken in accordance 
with the requirements of Sec. 141.23 of this title or any equivalent 
state law, but do not exceed the maximum contaminant level for flouride 
as specified by Sec. 141.62 of thid title or any equivalent state law, 
shall provivde the notice described in paragraph (b) of all billing 
units annually, all new billing units at the time service begins, and 
the state public health officer.
    (b) The notice required by paragraph (a) shall contain the following 
language including the language necessary to replace the superscripts:

                              Public Notice

    Dear User,
    The U.S. Environmental Protection Agency requires that we send you 
this notice on the level of fluoride in your drinking water. The 
drinking water in your community has a fluoride concentration of \1\ 
milligrams per liter (mg/l).
    Federal regulations require that fluoride, which occurs naturally in 
your water supply, not exceed a concentration of 4.0 mg/l in drinking 
water. This is an enforceable standard called a Maximum Contaminant 
Level (MCL), and it has been established to protect the public health. 
Exposure to drinking water levels above 4.0 mg/l for many years may 
result in some cases of crippling skeletal fluorosis, which is a serious 
bone disorder.
    Federal law also requires that we notify you when monitoring 
indicates that the fluoride in your drinking water exceeds 2.0 mg/l. 
This is intended to alert families about dental problems that might 
affect children under nine years of age. The fluoride concentration of 
your water exceeds this federal guideline.
    Fluoride in children's drinking water at levels of approximately 1 
mg/l reduces the number of dental cavities. However, some children 
exposed to levels of fluoride greater than about 2.0 mg/l may develop 
dental fluorosis. Dental fluorosis, in its moderate and severe forms, is 
a brown staining and/or pitting of the permanent teeth.

[[Page 473]]

    Because dental fluorosis occurs only when developing teeth (before 
they erupt from the gums) are exposed to elevated fluoride levels, 
households without children are not expected to be affected by this 
level of fluoride. Families with children under the age of nine are 
encouraged to seek other sources of drinking water for their children to 
avoid the possibility of staining and pitting.
    Your water supplier can lower the concentration of fluoride in your 
water so that you will still receive the benefits of cavity prevention 
while the possibility of stained and pitted teeth is minimized. Removal 
of fluoride may increase your water costs. Treatment systems are also 
commercially available for home use. Information on such systems is 
available at the address given below. Low fluoride bottled drinking 
water that would meet all standards is also commercially available.
    For further information, contact \2\ at your water system.

    \1\ PWS shall insert the compliance result which triggered 
notification under this part.
    \2\ PWS shall insert the name, address, and telephone number of a 
contact person at the PWS.

    (c) The effective date of this section is May 2, 1986.

[51 FR 11412, Apr. 2, 1986; 51 FR 24329, July 3, 1986, as amended at 52 
FR 41550, Oct. 28, 1987]