[Title 40 CFR 141.35]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter D - WATER PROGRAMS (CONTINUED)]
[Part 141 - NATIONAL PRIMARY DRINKING WATER REGULATIONS--]
[Subpart D - Reporting and Recordkeeping]
[Sec. 141.35 - Reporting for unregulated contaminant monitoring results.]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT222009-07-012009-07-01falseReporting for unregulated contaminant monitoring results.141.35Sec. 141.35PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)WATER PROGRAMS (CONTINUED)NATIONAL PRIMARY DRINKING WATER REGULATIONS--Reporting and Recordkeeping
Sec. 141.35 Reporting for unregulated contaminant monitoring results.
(a) General applicability. This section applies to any owner or
operator of a public water system (PWS) required to monitor for
unregulated contaminants under Sec. 141.40(a); such owner or operator
is referred to as ``you.'' This section specifies the information that
must be reported to EPA prior to the commencement of monitoring and
describes the process for reporting monitoring results to EPA. For the
purposes of this section, PWS ``population served'' includes the sum of
the retail population served directly by the PWS plus the population
served by any consecutive system(s) receiving all or part of its
finished water from that PWS. For purposes of this section, the term
``finished'' means water that is introduced into the distribution system
of a PWS and is intended for distribution and consumption without
further treatment, except the treatment necessary to maintain water
quality in the distribution system (e.g., booster disinfection, addition
of corrosion control chemicals). For purposes of this section, the term
``State'' refers to the State or Tribal government entity that has
jurisdiction over your PWS even if that government does not have primary
enforcement responsibility for PWSs under the Safe Drinking Water Act.
For purposes of this section, the term ``PWS Official'' refers to the
person at your PWS who is able to function as the official spokesperson
for the system's Unregulated Contaminant Monitoring Regulation (UCMR)
activities; and the term ``PWS Technical Contact'' refers to the person
at your PWS who is responsible for the technical aspects of your UCMR
activities, such as details concerning sampling and reporting.
(b) Reporting by all systems. You must meet the reporting
requirements of this paragraph if you meet the applicability criteria in
Sec. 141.40(a)(2).
(1) Where to submit UCMR reporting requirement information. Some of
your reporting requirements are to be fulfilled electronically, and
others by mail. Information that must be submitted using EPA's
electronic data reporting system must be submitted through: http://
www.epa.gov/safewater/ucmr/ucmr2/reporting.html. Documentation that is
required to be mailed can be submitted either: To UCMR Sampling
Coordinator, USEPA, Technical Support Center, 26 West Martin Luther King
Drive (MS 140), Cincinnati, OH 45268; or by e-mail at UCMR--Sampling--
[email protected]; or by fax at (513) 569-7191. In addition, you must
notify the public of the availability of unregulated contaminant
monitoring data as provided in Subpart Q (Public Notification) of this
part (40 CFR 141.207). Community Water Systems that detect unregulated
contaminants under this monitoring must also address such detections as
part of their Consumer Confidence Reports, as provided in Subpart O of
this part (40 CFR 141.151).
(2) Contacting EPA if your system does not meet applicability
criteria or has a status change. If you have received a letter from EPA
concerning your required monitoring and your system does not meet the
applicability criteria for UCMR established in Sec. 141.40(a)(2), or if
a change occurs at your system that may affect your requirements under
UCMR as defined in Sec. 141.40(a)(3) through (5), you must fax, mail,
or e-mail a letter to EPA, as specified in paragraph (b)(1) of this
section. The letter must be from your PWS Official and must include an
explanation as to why the UCMR requirements are not applicable to your
PWS, or have changed for your PWS, along with the appropriate contact
information. EPA
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will make an applicability determination based on your letter and in
consultation with the State when necessary. You are subject to UCMR
requirements unless and until you receive a letter from EPA agreeing
that you do not meet the applicability criteria.
(c) Reporting by large systems. If you serve a population of more
than 10,000 people, and meet the applicability criteria in Sec.
141.40(a)(2)(i), you must meet the reporting requirements in paragraphs
(c)(1) through (8) of this section.
(1) Contact information. You must provide contact information by
April 4, 2007, and provide updates within 30 days if this information
changes. The contact information must be submitted using EPA's
electronic data reporting system, as specified in paragraph (b)(1) of
this section, and include the name, affiliation, mailing address, phone
number, fax number, and e-mail address for your PWS Technical Contact
and your PWS Official.
(2) Sampling location and inventory information. You must provide
your sampling location and inventory information by August 2, 2007 using
EPA's electronic data reporting system. You must submit the following
information for each sampling location, or for each approved
representative sampling location (as specified in paragraph (c)(3) of
this section regarding representative sampling locations): PWS
identification (PWSID) code; PWS facility identification code; water
source type, sampling point identification code; and sampling point type
code; ( as defined in Table 1, paragraph (e) of this section). If this
information changes, you must report updates to EPA's electronic data
reporting system within 30 days of the change.
(3) Proposed ground water representative sampling locations. Some
systems that use ground water as a source and have multiple entry points
to the distribution system (EPTDSs) may propose monitoring at
representative entry point(s), rather than monitor at every EPTDS, as
follows:
(i) Qualifications. Large PWSs that have EPA- or State-approved
alternate EPTDS sampling locations from a previous UCMR cycle, or as
provided for under Sec. Sec. 141.23(a)(1), 141.24(f)(1), or
141.24(h)(1), may submit a copy of documentation from their State or EPA
that approves their alternative sampling plan for EPTDSs. PWSs that do
not have an approved alternative EPTDS sampling plan may submit a
proposal to sample at representative EPTDS(s) rather than at each
individual EPTDS if: They use ground water as a source; all of their
well sources have either the same treatment or no treatment; and they
have multiple EPTDSs from the same source, such as an aquifer. You must
submit a copy of the existing alternate EPTDS sampling plan or your
representative well proposal, as appropriate, by May 4, 2007, as
specified in paragraph (b)(1) of this section.
(ii) Demonstration. If you are submitting a proposal to sample at
representative EPTDS(s) rather than at each individual EPTDS, you must
demonstrate that any EPTDS that you select as representative of the
ground water you supply from multiple wells is associated with a well
that draws from the same aquifer as the wells it will represent. You
must submit the following information for each proposed representative
sampling location: PWSID Code, PWS Facility Identification Code, and
Sampling Point Identification Code (as defined in Table 1, paragraph (e)
of this section). You must also include documentation to support your
proposal that the specified wells are representative of other wells.
This documentation can include system-maintained well logs or
construction drawings indicating that the representative well(s) is/are
at a representative depth, and details of well casings and grouting;
data demonstrating relative homogeneity of water quality constituents
(e.g., pH, dissolved oxygen, conductivity, iron, manganese) in samples
drawn from each well; and data showing that your wells are located in a
limited geographic area (e.g., all wells within a 0.5 mile radius) and/
or, if available, the hydrogeologic data indicating the time of travel
separating the representative well from each of the individual wells it
represents (e.g., all wells within a five-year time of travel
delineation). Your proposal must be sent in writing to EPA, as specified
in paragraph (b)(1)
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of this section. You must also provide a copy of this information to the
State, unless otherwise directed by the State. Information about the
actual or potential occurrence or non-occurrence of contaminants in an
individual well, or a well's vulnerability to contamination, must not be
used as a basis for selecting a representative well.
(iii) Approval. EPA or the State (as specified in the Partnership
Agreement reached between the State and EPA) will review your proposal,
coordinate any necessary changes with you, and approve the final list of
EPTDSs where you will be required to monitor. Your plan will not be
final until you receive written approval from EPA or the State.
(4) Contacting EPA if your PWS has not been notified of
requirements. If you believe you are subject to UCMR requirements, as
defined in Sec. 141.40(a)(1) and (2)(i), and you have not been notified
by either EPA or your State by June 4, 2007, you must send a letter to
EPA, as specified in paragraph (b)(1) of this section. The letter must
be from your PWS Official and must include an explanation as to why the
UCMR requirements are applicable to your system along with the
appropriate contact information. A copy of the letter must also be
submitted to the State, as directed by the State. EPA will make an
applicability determination based on your letter, and in consultation
with the State when necessary, and will notify you regarding your
applicability status and required sampling schedule. However, if your
PWS meets the applicability criteria specified in Sec. 141.40(a)(2)(i),
you are subject to the UCMR monitoring and reporting requirements,
regardless of whether you have been notified by the State or EPA.
(5) Notifying EPA if your PWS cannot sample according to schedule.
(i) General rescheduling notification requirements. Large systems
may change their Assessment Monitoring (List 1) or Screening Survey
(List 2) schedule up to August 2, 2007 using EPA's electronic data
reporting system, as specified in paragraph (b)(1) of this section.
After these dates have passed, if your PWS cannot sample according to
your assigned sampling schedule (e.g., because of budget constraints, or
if a sampling location will be closed during the scheduled month of
monitoring), you must fax, mail, or e-mail a letter to EPA, as specified
in paragraph (b)(1) of this section, prior to the scheduled sampling
date. You must include an explanation of why the samples cannot be taken
according to the assigned schedule and the alternative schedule you are
requesting. You are subject to your assigned UCMR sampling schedule or
the schedule that you revised on or before August 2, 2007, unless and
until you receive a letter from EPA specifying a new schedule.
(ii) Exceptions to the rescheduling notification requirements. For
ground water sampling, if the second round of sampling will be completed
five to seven months after the first sampling event, as specified in
Table 2 of Sec. 141.40(a)(4)(i)(B), no notification to EPA is required.
If any ground water sampling location will be non-operational for more
than one month before and one month after the month in which the second
sampling event is scheduled (i.e., it is not possible for you to sample
within the five to seven month window), you must notify EPA, as
specified in paragraph (b)(1) of this section, explaining why the
schedule cannot be met. You must comply with any modified schedule
provided by EPA.
(6) Reporting monitoring results. For each sample, you must report
the information specified in Table 1 of paragraph (e) of this section,
using EPA's electronic data reporting system, as follows. If you are
conducting Assessment Monitoring, you must include data elements 1
through 5, and 7 through 15 in paragraph (e) of this section; and if you
are conducting Screening Survey monitoring, you must include elements 1
through 15. You also must report any changes made to data elements 1
through 6 to EPA, in writing, explaining the nature and purpose of the
proposed change, as specified in paragraph (b)(1) of this section.
(i) Electronic reporting system. You are responsible for ensuring
that the laboratory conducting the analysis of your unregulated
contaminant monitoring samples (your laboratory) posts
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the analytical results to EPA's electronic reporting system. You are
also responsible for reviewing, approving, and submitting those results
to EPA.
(ii) Reporting schedule. You must ensure that your laboratory posts
the data to EPA's electronic data reporting system within 120 days from
the sample collection date (sample collection must occur as specified in
Sec. 141.40(a)(4)). You have 60 days from when the laboratory posts the
data in EPA's electronic data reporting system to review, approve, and
submit the data to the State and EPA, at the Web address specified in
paragraph (b)(1) of this section. If you do not take action on the data
within 60 days of the laboratory's posting to the electronic reporting
system, the data will be considered approved by you, and available for
EPA and State review.
(7) Only one set of results accepted. If you report more than one
set of valid results for the same sampling location and the same
sampling event (for example, because you have had more than one
laboratory analyze replicate samples collected under Sec. 141.40(a)(5),
or because you have collected multiple samples during a single
monitoring event at the same sampling location), EPA will use the
highest of the reported values as the official result.
(8) No reporting of previously collected data. You cannot report
previously collected data to meet the testing and reporting requirements
for the contaminants listed in Sec. 141.40(a)(3). All analyses must be
performed by laboratories approved by EPA to perform UCMR analyses using
the analytical methods specified in Table 1 of Sec. 141.40(a)(3) and
using samples collected according to Sec. 141.40(a)(4). Such
requirements preclude the possibility of ``grandfathering'' previously
collected data.
(d) Reporting by small systems. If you serve a population of 10,000
or fewer people, and you are notified that you have been selected for
UCMR monitoring, your reporting requirements will be specified within
the materials that EPA sends you, including a request for contact
information, and a request for information associated with the sampling
kit.
(1) Contact information. EPA will send you a notice requesting
contact information for key individuals at your system, including name,
affiliation, mailing address, phone number, fax number, and e-mail
address. These individuals include your PWS Technical Contact and your
PWS Official. You are required to provide this information within 90
days of receiving the notice from EPA as specified in paragraph (b)(1)
of this section. If this information changes, you also must provide
updates within 30 days of the change, as specified in paragraph (b)(1)
of this section.
(2) Reporting sampling information. You must record data elements
listed in Table 1 of paragraph (e) of this section on each sample form
and sample bottle provided to you by the UCMR Sampling Coordinator, as
follows: If you are conducting Assessment Monitoring, you must include
elements 1 through 5, and 7; if you are conducting Screening Survey, you
must include elements 1 through 7. You must send this information as
specified in the instructions of your sampling kit, which will include
the due date and return address. You must report any changes made in
data elements 1 through 6 by mailing or e-mailing an explanation of the
nature and purpose of the proposed change to EPA, as specified in
paragraph (b)(1) of this section.
(e) Data elements. Table 1 defines the data elements that must be
provided with UCMR sample results.
Table 1--Unregulated Contaminant Monitoring Reporting Requirements
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Data element Definition
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1. Public Water System The code used to identify each PWS.
Identification (PWSID) Code. The code begins with the standard 2-
character postal State abbreviation
or Region code; the remaining 7
numbers are unique to each PWS in
the State. The same identification
code must be used to represent the
PWS identification for all current
and future UCMR monitoring.
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2. Public Water System Facility An identification code established
Identification Code. by the State or, at the State's
discretion, by the PWS, following
the format of a 5-digit number
unique within each PWS for each
applicable facility (i.e., for each
source of water, treatment plant,
distribution system, or any other
facility associated with water
treatment or delivery). The same
identification code must be used to
represent the facility for all
current and future UCMR monitoring.
3. Water Source Type.............. The type of source water that
supplies a water system facility.
Systems must report one of the
following codes for each sampling
location:
SW = surface water (to be
reported for water facilities
that are served all or in part
by a surface water source at any
time during the twelve-month
period).
GW = ground water (to be reported
for water facilities that are
served entirely by a ground
water source).
GU = ground water under the
direct influence of surface
water (to be reported for water
facilities that are served all
or in part by ground water under
the direct influence of surface
water at any time during the
twelve-month sampling period),
and are not served at all by
surface water during this
period.
4. Sampling Point Identification An identification code established
Code. by the State, or at the State's
discretion, by the PWS, that
uniquely identifies each sampling
point. Each sampling code must be
unique within each applicable
facility, for each applicable
sampling location (i.e., entry
point to the distribution system or
distribution system sample at
maximum residence time). The same
identification code must be used to
represent the sampling location for
all current and future UCMR
monitoring.
5. Sampling Point Type Code....... A code that identifies the location
of the sampling point as either:
EP = entry point to the
distribution system.
MR = distribution system sample
at maximum residence time.
6. Disinfectant Residual Type..... The type of disinfectant in use at
the time of UCMR sampling to
maintain a residual in the
distribution system for each
Screening Survey sampling point. To
be reported by systems required to
conduct Screening Survey
monitoring. Systems must report
using the following codes for each
Screening Survey sampling location
(i.e., EP, MR):
CL = chlorine
CA = chloramine
OT = all other types of
disinfectant (e.g., chlorine
dioxide)
ND = no disinfectant used.
7. Sample Collection Date......... The date the sample is collected,
reported as 4-digit year, 2-digit
month, and 2-digit day.
8. Sample Identification Code..... An alphanumeric value up to 30
characters assigned by the
laboratory to uniquely identify
containers, or groups of
containers, containing water
samples collected at the same
sampling location for the same
sampling date.
9. Contaminant.................... The unregulated contaminant for
which the sample is being analyzed.
10. Analytical Method Code........ The identification code of the
analytical method used.
11. Sample Analysis Type.......... The type of sample collected and/or
prepared, as well as the
fortification level. Permitted
values include:
FS = field sample; sample
collected and submitted for
analysis under this rule.
LFSM = laboratory fortified
sample matrix; a UCMR field
sample with a known amount of
the contaminant of interest
added.
LFSMD = laboratory fortified
sample matrix duplicate;
duplicate of the laboratory
fortified sample matrix.
CF = concentration fortified;
reported with sample analysis
types LFSM and LFSMD, the
concentration of a known
contaminant added to a field
sample.
12. Analytical Results--Sign...... A value indicating whether the
sample analysis result was:
(<) ``less than'' means the
contaminant was not detected, or
was detected at a level below
the Minimum Reporting Level.
(=) ``equal to'' means the
contaminant was detected at the
level reported in ``Analytical
Result--Value.''
13. Analytical Result--Value...... The actual numeric value of the
analytical results for: field
samples; laboratory fortified
matrix samples; laboratory
fortified sample matrix duplicates;
and concentration fortified.
14. Laboratory Identification Code The code, assigned by EPA, used to
identify each laboratory. The code
begins with the standard two-
character State postal
abbreviation; the remaining five
numbers are unique to each
laboratory in the State.
15. Sample Event Code............. A code assigned by the PWS for each
sample event. This will associate
samples with the PWS monitoring
plan to allow EPA to track
compliance and completeness.
Systems must assign the following
codes:
SE1 = represents samples
collected to meet the UCMR
monitoring requirement for the
first sampling period (all
source types).
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SE2 = represents samples
collected to meet the UCMR
monitoring requirement for the
second sampling period (all
source types).
SE3 = represents samples
collected to meet the UCMR
monitoring requirement for the
third sampling period (surface
water and ground water under the
direct influence of surface
water (GWUDI) sources only).
SE4 = represents samples
collected to meet the UCMR
monitoring requirement for the
fourth sampling period (surface
water and GWUDI sources only).
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[72 FR 389, Jan. 4, 2007]