[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15983]
[[Page Unknown]]
[Federal Register: June 30, 1994]
_______________________________________________________________________
Part V
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 141 and 142
Drinking Water; Maximum Contaminant Level Goals and National Primary
Drinking Water Regulations for Lead and Copper; Final Rule
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 141 and 142
[FRL-5005-2]
Drinking Water; Maximum Contaminant Level Goals and National
Primary Drinking Water Regulations for Lead and Copper
AGENCY: Environmental Protection Agency.
ACTION: Final rule; technical corrections.
-----------------------------------------------------------------------
SUMMARY: EPA is amending the National Primary Drinking Water
Regulations for Lead and Copper to correct typographical errors,
clarify language, and restore special primacy requirements
inadvertently deleted from the Code of Federal Regulations. These
changes clarify Agency requirements. The intended effect is to simplify
implementation of the regulations by reducing confusion.
EFFECTIVE DATE: The technical corrections are effective on June 30,
1994.
FOR FURTHER INFORMATION CONTACT: The Safe Drinking Water Hotline, toll
free (800) 426-4791, between 9:00 a.m. to 5:30 p.m. Eastern Time,
Monday through Friday; or Judy Lebowich, Enforcement and Program
Implementation Division, Office of Ground Water and Drinking Water, EPA
(4604), 401 M Street SW. Washington, DC 20460, telephone (202) 260-
7595. Supporting documents for this rulemaking are available for review
at EPA's Water Docket; 401 M Street, SW. Washington, DC 20460. For
access to the Docket materials, call (202) 260-3027 between 9 a.m. and
3:30 p.m. for an appointment.
SUPPLEMENTARY INFORMATION: On June 7, 1991, the United States
Environmental Protection Agency promulgated maximum contaminant level
goals (MCLGs) and national primary drinking water regulations (NPDWRs)
for lead and copper (``lead and copper rule'') (56 FR 26460).
Subsequently, EPA published two technical amendments to the lead and
copper rule correcting typographical errors and clarifying the Agency's
intent (56 FR 32113, July 15, 1991; 57 FR 28785, June 19, 1992).
Today's action corrects errors in the lead and copper regulations
and the preamble discussion of the copper health effects, and clarifies
the intent of the regulatory requirements in cases where the language
was confusing. Today's action also reinstates special primacy condition
language in the rule that was inadvertently deleted when a section of
another rulemaking action (the Agency's ``Phase II rule'') became
effective on July 30, 1992.
Sections 553(b)(3)(B) and (d)(3) of the APA, 5 U.S.C. 553, provide
that when an Agency finds good cause to exist, it may issue a rule
without first providing notice and comment and make the rule
immediately effective. Under the APA, good cause for not receiving
public comment is present where notice and comment is impracticable,
unnecessary or contrary to the public interest. Today's action corrects
errors and omissions in 40 CFR parts 141 and 142. These technical
revisions are minor and do not impact any substantive obligations of
public water systems or States. The Agency therefore finds 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 notice and to have the revisions effective
immediately.
A. Clarification and Update to Preamble Explanation of Copper MCLG
The preamble to the final lead/copper NPDWR in the Federal Register
contained EPA's rationale for setting the Maximum Contaminant Level
Goal (MCLG) for copper at 1.3 milligrams per liter (mg/L). In
referencing the medical and epidemiological literature regarding health
risks posed by copper, EPA provided an incomplete discussion that is
corrected.
On 56 FR 26471, it is stated that:
``This MCLG of 1.3 mg/L is based on a Lowest Observed Adverse Health
Effect Level (LOAEL) of 5.3 mg/day from human clinical case studies
in which 5.3 mg was the lowest acute oral dose at which
gastrointestinal effects were seen (Chuttani et al., 1965).''
Chuttani et al. described the clinical course and treatment of
patients who were hospitalized after suicidal ingestion of large
quantities of copper sulfate (>250 mg). In fact, the 5.3 mg/day LOAEL
was derived in EPA's Drinking Water Criteria Document for copper (EPA,
1987; p.VIII-10) from analysis of a number of studies, briefly
summarized here, in which individuals developed gastrointestinal
illnesses after ingesting much lower levels of copper than in the
Chuttani et al. study.
Wyllie (1957) treated nurses for acute effects of copper poisoning
(nausea, diarrhea, vomiting) caused by the dissolution of copper
contained in a cocktail shaker. Analysis of cocktail fluid prepared in
the shaker allowed an estimate of the amounts of copper ingested (5.3-
32 mg copper; EPA, 1987, p. VI-6). The following day, 10 of the 15
nurses were still too ill to resume their duties and suffered from
weakness, abdominal cramps, dizziness, and headaches.
Similar findings cited in the Criteria Document were reported among
British workers who experienced nausea, diarrhea, and vomiting after
ingesting single dosages of approximately 7-10 mg copper in their tea
(EPA, 1987, p. VIII-9; Semple et al., 1960; Nicholas and Brist, 1968).
Spitalny et al. (1984) reported that one adult and two children,
ages 5 and 7, of a Vermont family had recurrent episodes of vomiting
and gastrointestinal pain after drinking water in a newly built home
which contained 2.8 to 8 mg/L copper. In addition, the Centers for
Disease Control reported 112 cases of copper intoxication between 1977
and 1982. The majority of cases involved leaching of copper into
drinking water from plumbing with reported copper levels ranging from
4.0-70 mg/L (CDC, 1977-1982; EPA, 1987, p. VIII-8).
Several other epidemiological and controlled exposure studies,
cited in the 1987 Criteria Document, have found acute copper
intoxication associated with higher exposure levels among a wide
variety of populations. Based on a review of human and animal toxicity,
including the studies summarized above, the Criteria Document concluded
(p. VIII-15):
``A level of 1.3 mg/L is recommended to be the basis for the
drinking water standard for the following reasons: 1) this level
would satisfy the nutritional requirements for copper: the National
Academy of Sciences (NAS, 1980) estimated that ``an adequate and
safe'' intake of 2-3 mg copper in a 70 kg adult and 1.5-2.5 mg/day
for children will satisfy nutritional requirements and be protective
of human health; and 2) assuming consumption of 2 L of water per
day, 1.3 mg/L copper in the drinking water would result in a daily
intake of less than the lowest levels that were seen to result in
gastrointestinal effects in humans (5.3 mg/day, 3-8 mg/L). This
value would thus be protective against acute toxic effects in
humans. This value is not protective against copper toxicity in
sensitive members of the population, such as those rare individuals
with Wilson's disease. These individuals would have to further limit
their intake of copper from all sources.''
B. Amendments to Regulatory Language
The amendments to regulatory language included in this action are
described below.
Questions have been raised by some States as to how the Agency
intended to regulate small-size water systems (those serving 3,300 or
fewer people) and medium-size water systems (those serving between
3,301 and 50,000 people) that meet the lead and copper action levels
during the first two monitoring periods (and therefore are deemed to
have optimized corrosion control), but that exceed one of the action
levels in a subsequent monitoring period. As discussed below, it was
clearly the Agency's intent in promulgating this rule to require these
systems (where exceedance of one of the action levels indicates that
they may not have optimized corrosion control) to implement the rules'
corrosion control treatment requirements as long as they exceed the
action level.
Section 141.81(b)(1) specifies that small- and medium-size water
systems are deemed to have optimized corrosion control once they meet
both the lead and copper action levels for two consecutive six-month
monitoring periods conducted in accordance with Sec. 141.86. Sections
141.81(a)(2) and 141.81(c) specify that such systems may forego (or
cease) completion of the corrosion control treatment steps specified in
Sec. 141.81(e). This language is consistent with EPA's intent, as
discussed in the preamble to the final rule (56 FR 26490-26497), that
small- and medium-size water systems not be required to conduct
corrosion control studies and install additional treatment as long as
they meet both the lead and copper action levels because the action
levels reflect optimal corrosion control treatment for these systems.
Section 141.81(e)(1) requires that small- and medium-size systems
conduct tap sampling for lead and copper until the system becomes
eligible for reduced monitoring (because it has met the action levels
during the requisite number of monitoring periods) or the system
exceeds the action level. If such a system exceeds the action level, it
is then required to begin the corrosion control treatment steps within
a certain period of time of the exceedance. Thus, under the current
rule, a system that meets the action levels during the first two
monitoring periods (and any number of subsequent monitoring periods) is
triggered into the corrosion control treatment requirements if it at
any time exceeds the lead or copper action level.
Notwithstanding this provision, some States have apparently been
confused by the language in Sec. 141.81(c) of the rule, which addresses
small and medium-size systems that initially exceed one of the action
levels, but subsequently reduce their levels to below the action levels
and are therefore deemed to have optimized corrosion control. With
regard to these systems, the second sentence of Sec. 141.81(c) states:
``If any such water system thereafter exceeds the lead or copper
action level during any monitoring period, the system (or the State,
as the case may be) shall recommence completion of the applicable
treatment steps, beginning with the first treatment step which was
not previously completed in its entirety. * * *''
Some parties have apparently questioned whether the phrase ``any such
water system'' (emphasis added) could be read to exclude small- and
medium-size water systems meeting Sec. 141.81(b)(1) criteria during the
initial two six-month monitoring periods from having to begin
implementing the corrosion control treatment steps.
As evident from the language in Sec. 141.81(e) of the rule, this
was not EPA's intent. To clarify this point, EPA has added a sentence
at the end of Sec. 141.81(c) stating: ``The requirement for any small-
or medium-size system to implement corrosion control treatment steps in
accordance with paragraph (e) of this section (including systems deemed
to have optimized corrosion control under paragraph (b)(1) of this
section) is triggered whenever any small- or medium-size system exceeds
the lead or copper action level.''
Section 141.87 contains the monitoring requirements for water
quality parameters. The introductory text in the section states that,
``[a]ll large water systems and all small and medium-size water systems
that exceed the lead or copper action level shall monitor water quality
parameters in addition to lead and copper in accordance with this
section.'' As written, this sentence could be read to mean that only
large water systems exceeding the lead or copper action level must
collect water quality parameter samples. This interpretation is not
consistent with the intent of the final regulation. EPA's intent is
clear in the preamble of the final rule (56 FR 26526 bottom of middle
column) which contains the same sentence, with a comma after the phrase
``all large systems''. EPA's intent is to require all large water
systems to install optimal corrosion control treatment regardless of
lead and copper tap water levels. Because the lead and copper action
levels are not surrogate measures of optimal corrosion control
treatment for large water systems, these systems must collect water
quality parameter samples to determine if optimal treatment has been
installed, and to establish baseline parameters for continued
compliance. The State must evaluate the water quality data submitted by
each water system and establish enforceable parameters that the system
must maintain to remain in compliance with the rule. EPA is correcting
the regulatory language by adding a comma after the phrase, ``all large
systems'' so that it is clear that all large systems must conduct water
quality parameter monitoring, regardless of whether they exceed the
lead or copper action level.
The chart entitled ``Analytical Methods'' in Sec. 141.89(a)
contains typographical errors in the methodology listing for
orthophosphate. The chart was printed correctly in the preamble (56 FR
26510). The corrected chart is included in this notice. In addition,
EPA is updating the chart to refer to methods at Sec. 141.89(a) which
are contained in the current editions of (1) EPA drinking water methods
manuals, (2) Standard Methods, and (3) the American Society for Testing
and Materials (ASTM) Annual Book of Standards. Compared to the earlier
version of a method, the version now cited at Sec. 141.89(a) is the
same. EPA method 300.0, which had been published individually, is now
reprinted in a manual issued by EPA in 1993. EPA methods 200.7, 200.8,
and 200.9 are now reprinted in a manual published in 1991. The EPA
methods, the methods in the 18th edition of Standard Methods, and in
the 1993 ASTM book contain changes to the previous versions that are
typographical, grammatical, or editorial in nature.
The inclusion or republication of methods in new manuals or books
requires the following changes to footnotes at Sec. 141.89(a). Footnote
1 is updated to include the NTIS order number. Footnotes 2 and 3 are
updated to the 18th edition of Standard Methods and the 1993 ASTM book,
and are renumbered as footnotes 3 and 4. The methods in footnotes 5, 6,
and 7 are contained in the manual cited at the new footnote 2. Footnote
6, which explains when to digest water samples for total metals, is
revised slightly to be identical to the same explanatory footnote for
other metals, which is found at Sec. 141.23(k). Footnote 9 has also
been renumbered as footnote 6. Footnote 8 has been revised to cite the
manual which now contains Method 300.0. Footnotes 7, 9 and 10 are
reserved. Footnote 11 has been added because that method is now found
in a different reference.
The Practical Quantitation Levels (PQLs) for lead and copper are
defined in Sec. 141.89(a). EPA has received input from State drinking
water programs and laboratories that the value of these PQLs are not
clearly stated in Sec. 141.89(a)(1)(ii) and that it is unclear whether
the numbers in paragraphs 141.89(a)(3) and 141.89(a)(4) refer to the
PQL or one-half the PQL. The PQLs are 0.005 mg/L for lead and 0.050 mg/
L for copper. The basis for these PQLs is discussed in the preamble to
the final rule (56 FR 26511). EPA is revising Sec. 141.89(a)(1)(ii) to
clearly reflect the PQL of 0.005 mg/L for lead in subparagraph (A) and
the PQL of 0.050 mg/L for copper in subparagraph (B). In addition, EPA
is revising Sec. 141.89(a)(3) to consolidate Secs. 141.89 (3) and (4)
and to reference the lead and copper PQLs defined in
Sec. 141.89(a)(1)(ii).
Section 141.90(g) requires that any monitoring data collected in
addition to that required by 40 CFR part 141, subpart I (The Lead and
Copper Rule) be submitted by the end of the reporting period. This
could be construed as inconsistent with the other paragraphs of
Sec. 141.90, which require that monitoring data be submitted within ten
days of the end of the monitoring period. The ten-day delay is allowed
for processing, collating and reporting of data. EPA did not intend
this inconsistency. To make Sec. 141.90(g) consistent with other
reporting requirements in Sec. 141.90, EPA is amending Sec. 141.90(g)
to allow ten days for submittal of additional data.
Section 142.16(d) was reserved effective July 30, 1992, but should
contain the special primacy requirements specific to the lead and
copper rule that States are required to adopt in addition to meeting
basic primacy requirements. As explained in the July 15, 1991 (56 FR
32112) technical correction, EPA intended the lead and copper special
primacy requirements to take effect July 7, 1991. On July 30, 1992,
changes to Sec. 142.16 promulgated as part of the Phase II rulemaking
(56 FR 3526, January 30, 1991) took effect. The Phase II regulations
made changes to Sec. 142.16, reserved paragraph (d) and added paragraph
(e). These changes to Sec. 142.16 had the unintended effect of deleting
paragraph (d). The Agency did not intend to delete the lead and copper
special primacy requirements. Rather, the Agency's intent in reserving
paragraph (d) as a part of the Phase II rulemaking was to establish a
placeholder for lead and copper special primacy requirements when the
lead and copper regulations were promulgated. EPA is therefore
repromulgating Sec. 142.16(d) without revisions to restore the special
primacy requirements initially promulgated in the final lead and copper
rule.
Section 142.62(g)(2) contains a typographical error in the
reference to regulations pertaining to maximum contaminant levels
(MCLs) and quality limits for bottled water. ``21 CFR 102.35'' should
be ``21 CFR 103.35''. EPA is correcting this error in today's action.
C. References
The following references are referred to in this notice and are
included in the public docket. The public docket is available as
described at the beginning of this notice.
Centers for Disease Control. Centers for Disease Control: Water-
Related Disease Outbreaks (1977-1982). [CDC, 1977-1982]
Chuttani, H.K., Gupta, P.S., Gulati, S., and Gupta, D.N. Acute
Copper Sulphate Poisoning. American Journal of Medicine. Vol. 39
(November 1965), 849-854. [Chuttani et al., 1965]
Federal Register. Vol. 56, No. 20. National Primary Drinking Water
Regulations--Synthetic Organic Chemicals and Inorganic Chemicals;
Monitoring for Unregulated Contaminants; National Primary Drinking
Water Regulations Implementation; National Secondary Drinking Water
Regulations: Final Rule. (Wed. Jan. 30, 1991), 3526-3614. [56 FR 3526]
Federal Register. Vol. 56, No. 110. Drinking Water Regulations--
Maximum Contaminant Level Goals and National Primary Drinking Water
Regulations for Lead and Copper; Final Rule. (Fri. Jun. 7, 1991),
26460-26564). [56 FR 26460]
Federal Register. Vol. 56, No. 135. Drinking Water Regulation;
Maximum Contaminant Level Goals and National Primary Drinking Water
Regulations for Lead and Copper; Final Rule; Correction. (Mon. Jul. 15,
1991), 32113. [56 FR 32113]
Federal Register. Vol. 57, No. 125. Drinking Water Regulations:
Maximum Contaminant Level Goals and National Primary Drinking Water
Regulations for Lead and Copper; Final Rule; Correcting Amendments.
(Mon. Jun. 29, 1992), 28785-28789. [57 FR 28785]
National Academy of Sciences. Drinking Water and Health. Vol. 3
(1980), 25-67, 312-320. [NAS, 1980]
Nicholas, P.O., and Brist, M.B. Food Poisoning Due to Copper in the
Morning Tea. Lancet. Vol. 2 (1968), 40-42. [Nicholas and Brist, 1968].
Semple, A.B., Parry, W.H., and Phillips, D.E. Acute Copper
Poisoning: An Outbreak traced to Contaminated Water from a Corroded
Geyser. Lancet. Vol. 2 (1960), 700-701. [Semple et al., 1960]
Spitalny, K.C., Brondum, J., Vogt, R.L., Sargent, H.E., and Kappel,
S. Drinking Water Induced Copper Intoxication in a Vermont Family.
Pediatrics. Vol. 74 (1984), 1103-1106. [Spitalny et al., 1984]
U.S. Environmental Protection Agency. Drinking Water Criteria
Document of Copper. Office of Health and Environmental Assessment.
(Feb. 1987). [EPA, 1987]
Wyllie, J. Copper Poisoning at a Cocktail Party. American Journal
of Public Health. Vol. 47 (1957), 617. [Wyllie, 1957].
List of Subjects in 40 CFR Parts 141 and 142
Environmental protection, Administrative practice and procedure,
Chemicals, Intergovernmental relations, Reporting and recordkeeping
requirements, Water supply.
Dated: June 23, 1994.
Robert Perciasepe,
Assistant Administrator for Water.
For the reasons set forth in the preamble, parts 141 and 142 of
chapter I, title 40 of the Code of Federal Regulations are 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 and 300j-9.
2. Section 141.81 is amended by adding a sentence at the end of
paragraph (c) to read as follows:
Sec. 141.81 Applicability of corrosion control treatment steps to
small- medium-size and large water systems.
* * * * *
(c) * * * The requirement for any small- or medium-size system to
implement corrosion control treatment steps in accordance with
paragraph (e) of this section (including systems deemed to have
optimized corrosion control under paragraph (b)(1) of this section) is
triggered whenever any small- or medium-size system exceeds the lead or
copper action level.
* * * * *
3. Section 141.87 is amended by revising the introductory text to
read as follows:
Sec. 141.87 Monitoring requirements for water quality parameters.
All large water systems, and all small- and medium-size systems
that exceed the lead or copper action level shall monitor water quality
parameters in addition to lead and copper in accordance with this
section. The requirements of this section are summarized in the table
at the end of this section.
* * * * *
4. Section 141.89 is amended by revising paragraph (a) introductory
text and chart, and revising paragraphs (a)(1)(ii) and (a)(3) to read
as follows and by removing paragraph (a)(4):
Sec. 141.89 Analytical methods.
(a) Analyses for lead, copper, pH, conductivity, calcium,
alkalinity, orthophosphate, silica and temperature shall be conducted
using the following methods:
Analytical Methods
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reference (method No.)
Contaminant Methodology -----------------------------------------------------------------
EPA ASTM3 SM4 USGS5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lead6.............................. Atomic absorption; furnace technique............. \1\239.2 D3559-90D 3113 B ................
Inductively-coupled plasma; mass spectrometry.... \2\200.8 ................ ................ ................
Atomic absorption; platform furnace technique.... \2\200.9 ................ ................ ................
Copper\6\.......................... Atomic absorption; furnace technique............. \1\220.2 D1688-90C 3113 B ................
Atomic absorption; direct aspiration............. \1\220.1 D1688-90A 3111 B ................
Inductively-coupled plasma....................... \2\200.7 ................ 3120 B ................
Inductively-coupled plasma; mass spectrometry.... \2\200.8 ................ ................ ................
Atomic absorption; platform furnace.............. \2\200.9 ................ ................ ................
pH................................. Electrometric.................................... \1\150.1 D1293-84B 4500-H+ B ................
\1\150.2
Conductivity....................... Conductance...................................... \1\120.1 D1125-91A 2510 B ................
Calcium\6\......................... EDTA titrimetric................................. \1\215.2 D511-92A 3500-Ca D ................
Atomic absorption; direct aspiration............. \1\215.1 D511-92B 3111 B ................
Inductively-coupled plasma....................... \2\200.7 ................ 3120 B ................
Alkalinity......................... Titrimetric...................................... \1\310.1 D1067-92B 2320 B ................
Electrometric titration.......................... .......... ................ ................ I-1030-85
Orthophosphate (unfiltered, no Colorimetric, automated, ascorbic acid \8\365.1 ................ 4500-P F ................
digestion or hydrolosis). colorimetric, ascorbic acid, two reagent. \1\365.3
Colorimetric, ascorbic acid, single reagent...... \1\365.2 D515-88A 4500-P E ................
Colorimetric, phosphomolybdate; automated- .......... ................ ................ I-1601-85
segmented flow; automated discrete. I-2601-90\11\
I-2598-85
Ion Chromatography............................... \8\300.0 D4327-91 4110 ................
Silica............................. Colorimetric, molybdate blue; automated-segmented .......... ................ ................ I-1700-85
flow. I-2700-85
Colorometric..................................... \1\370.1 D859-88 ................ ................
Molybdosilicate.................................. .......... ................ 4500-Si D ................
Heteropoly blue.................................. .......... ................ 4500-Si E ................
Automated method for molybdate-reactive silica... .......... ................ 4500-Si F ................
Inductively-coupled plasma\6\.................... \2\200.7 ................ 3120 B ................
Temperature........................ Thermometric..................................... .......... ................ 2550 B ................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\``Methods for Chemical Analysis of Water and Wastes,'' EPA-600/4-79-020, March 1983. Available at NTIS as PB84-128677.
\2\``Methods for the Determination of Metals in Environmental Samples.'' EPA-600/4-91-010, June 1991. Available at NTIS as PB91-231498.
\3\Annual Book of ASTM Standards, Vol. 11.01, American Society for Testing and Materials, 1993, 1916 Race Street, Philadelphia, PA 19103.
\4\18th edition of Standard Methods for the Examination of Water and Wastewater, 1992, American Public Health Association, American Water Works
Association, Water Environment Federation.
\5\Techniques of Water Resources Investigations of the U.S. Geological Survey, Book 5, Chapter A-1. Third Edition, 1989. ``Methods for the Determination
of Inorganic Substances in Water and Fluvial Sediments'', Available at Superintendent of Documents, U.S. Government Printing Office, Washington, DC
20402.
\6\Samples may not be filtered. Samples that contain less than 1 NTU(nephelometric turbidity unit) and are properly preserved (concentrated nitric acid
to pH<2) may be analyzed directly (without digestion) for total metals, otherwise, digestion is required. Turbidity must be measured on the preserved
samples just prior to the initiation of metal analysis. When digestion is required, the total recoverable technique as defined in the method must be
used.
\7\[Reserved]
\8\``Methods for the Determination of Inorganic Substances in Environmental Samples'', EPA/600/R-93/100, August 1993, Available at NTIS as PB94-121811.
\9\[Reserved]
\10\[Reserved]
\11\Methods of Analysis by the U.S. Geological Survey National Water Quality Laboratory--Determination of Inorganic and Organic Constituents in Water
and Fluvial Sediments, Open File Report 93-125, Available at Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
(1) * * *
(ii) Achieve quantitative acceptance limits as follows:
(A) For lead: 30 percent of the actual amount in the
Performance Evaluation sample when the actual amount is greater than or
equal to 0.005 mg/L. The Practical Quantitation Level, or PQL for lead
is 0.005 mg/L.
(B) For Copper: 10 percent of the actual amount in the
Performance Evaluation sample when the actual amount is greater than or
equal to 0.050 mg/L. The Practical Quantitation Level, or PQL for
copper is 0.050 mg/L;
* * * * *
(3) All lead and copper levels measured between the PQL and MDL
must be either reported as measured or they can be reported as one-half
the PQL specified for lead and copper in paragraph (a)(1)(ii) of this
section. All levels below the lead and copper MDLs must be reported as
zero.
* * * * *
5. Section 141.90 is amended by revising paragraph (g) to read as
follows:
Sec. 141.90 Reporting requirements.
* * * * *
(g) Reporting of additional monitoring data. Any system which
collects sampling data in addition to that required by this subpart
shall report the results to the State within the first ten days
following the end of the applicable monitoring period under
Secs. 141.86, 141.87 and 141.88 during which the samples are collected.
PART 142--NATIONAL PRIMARY DRINKING WATER REGULATIONS
IMPLEMENTATION
6. The authority citation for part 142 continues to read as
follows:
Authority: 42 U.S.C. 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4 and 300j-9.
7. Section 142.16 is amended by adding paragraph (d), currently
listed as reserved, to read as follows:
Sec. 142.16 Special primacy requirements.
* * * * *
(d) Requirements for States to adopt 40 CFR part 141, Subpart I--
Control of Lead and Copper. An application for approval of a State
program revision which adopts the requirements specified in 40 CFR part
141, subpart I, must contain (in addition to the general primacy
requirements enumerated elsewhere in this part, including the
requirement that State regulations be at least as stringent as the
federal requirements) a description of how the State will accomplish
the following program requirements:
(1) Sections 141.82(d), 141.82(f), 141.82(h)--Designating optimal
corrosion control treatment methods, optimal water quality parameters
and modifications thereto.
(2) Sections 141.83(b)(2) and 141.83(b)(4)--Designating source
water treatment methods, maximum permissible source water levels for
lead and copper and modifications thereto.
(3) Section 141.90(e)--Verifying compliance with lead service line
replacement schedules and of PWS demonstrations of limited control over
lead service lines.
* * * * *
8. Section 142.62 is amended by revising the first sentence of
paragraph (g)(2) to read as follows:
Sec. 142.62 Variances and exemptions from the maximum contaminant
levels for organic and inorganic chemicals.
* * * * *
(g) * * *
(2) The public water system must receive a certification from the
bottled water company that the bottled water supplied has been taken
from an ``approved source'' as defined in 21 CFR 129.3(a); the bottled
water company has conducted monitoring in accordance with 21 CFR
129.80(g) (1) through (3); and the bottled water does not exceed any
MCLs or quality limits as set out in 21 CFR 103.35, part 110, and part
129. * * *
* * * * *
[FR Doc. 94-15983 Filed 6-29-94; 8:45 am]
BILLING CODE 6560-50-P