[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