[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 34084-34086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16004]




[[Page 34083]]

_______________________________________________________________________

Part X





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 141



National Primary and Secondary Drinking Water Regulations; Analytical 
Methods for Regulated Drinking Water Contaminants; Final Rule

  Federal Register / Vol. 60, No. 125 / Thursday, June 29, 1995 / Rules 
and Regulations   

[[Page 34084]]


ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 141

[WH-FRL-5349-6]


National Primary and Secondary Drinking Water Regulations: 
Analytical Methods for Regulated Drinking Water Contaminants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical corrections.

-----------------------------------------------------------------------

SUMMARY: EPA is amending the National Primary Drinking Water 
Regulations to correct typographical errors and minor technical 
mistakes or omissions.

EFFECTIVE DATE: These corrections are effective June 29, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. Jitendra Saxena, Drinking Water 
Standards Division, Office of Ground Water and Drinking Water (4603), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460, (202) 260-9579.

SUPPLEMENTARY INFORMATION: In 1994, EPA promulgated the use of several 
new methods and updated versions of previously approved methods, and 
withdrew outdated methods for analysis of contaminants in drinking 
water (59 FR 62456, December 5, 1994). In 1992, EPA promulgated Maximum 
Contaminant Level Goals and National Primary Drinking Water Regulations 
for 23 contaminants (Phase V) (57 FR 31776, July 17, 1992). These 
regulations contained typographical and minor technical errors which 
are corrected by this rule.
    The Administrative Procedures Act, 5 U.S.C. 553, provides that when 
an Agency finds good cause, it may issue a rule without first providing 
notice and comment and make the rule immediately effective. This rule 
corrects errors and omissions in 40 CFR 141. These revisions are very 
minor and the Agency believes that neither comment nor a delayed 
effective date is necessary or in the public interest. Accordingly, EPA 
finds that there is good cause not to solicit comment on this rule and 
to have the revisions immediately effective.

Corrections to the Regulation

    This rule corrects errors in the regulatory language. These 
corrections are described below:
    This rule corrects an omission from footnote 1 to the table in 
Sec. 141.21(f)(3) by adding a line about storage temperature for 
samples. The preamble to the final rule (59 FR 62456, December 5, 1994) 
states that a footnote specifying coliform sample transit time and 
temperature would be added at Sec. 141.21(f)(3). However, footnote 1 in 
the final rule covers transit time but omits transit temperature. The 
revised footnote encourages but does not require systems to hold 
samples at 10 deg.C. This rule also corrects footnote 2 to the table in 
Sec. 141.21(f)(3) by adding ``and false- negative rate'' after ``false-
positive rate''. In deciding if lactose broth as commercially available 
may be used in lieu of lauryl tryptose broth, both false-positive rate 
and false-negative rates should be less than 10 percent. The false-
negative rate was inadvertently omitted.
    This rule makes a correction to the table in Sec. 141.23(k)(1) by 
changing the analytical method for temperature from 2550B to 2550. The 
method citation 2550B refers to the second paragraph of Method 2550. 
Because the first paragraph (paragraph A) contains relevant 
introductory description, the complete method will be cited as 2550. 
Reference to Standard Method 2550 throughout the regulatory language 
should be helpful to avoid confusion.
    This rule makes correction to the table in Sec. 141.23(k)(4) by 
deleting footnote 1. The first sentence in the footnote explained an 
option to ice samples. The second sentence explained a requirement 
already contained in the method. Because both sentences can be 
understood from the method itself, the footnote is redundant and is 
removed. As a result the remaining footnotes and superscripts in the 
table referring to footnotes are renumbered. This rule also corrects a 
typographical error in the table by changing NAOH to NaOH in the 
preservative column for the contaminant cyanide.
    This rule corrects the table in Sec. 141.24(h)(18) by changing 
Dibromochloropropane (DBCP) to 1,2-Dibromo-3-chloropropane (DBCP). The 
name of the compound as given in the table covers more than one isomer 
while the method for DBCP actually measures this specific isomer. The 
correction in no way affects the ease or difficulty in achieving 
detection limit for DBCP.
    This rule corrects an inadvertent deletion that occurred in the 
December 5, 1995 document. Today's rule restores the trihalomethane 
(THM) sampling instructions and maximum total trihalomethane (TTHM) 
potential instructions previously contained in Sec. 141.30. Part III of 
Appendix C of Sec. 141.30 has been modified to remove reference to EPA 
methods 501.1 and 501.2 which were withdrawn. The modified text is no 
longer called Part III of Appendix C; it is now included as 
Sec. 141.30(g). Section 141.30(c)(1) has also been amended to include 
reference to the procedure for maximum TTHM potential.
    The rule corrects an omission in footnote 2 to the table in 
Sec. 141.74(a)(1) by adding a line about storage temperature for 
samples. The revised footnote encourages but does not require systems 
to hold samples at 10 deg.C. An omission in footnote 2 to the table in 
Sec. 141.74(a)(1) has been corrected by adding the term ``and false-
negative rate'' after ``false-positive rate.'' The rationales for these 
corrections are provided earlier in the section discussing similar 
corrections to Sec. 141.21(f)(3).
    The introductory part of Sec. 141.74(a)(1) has been revised to 
refer to Sec. 141.23(k)(1) for temperature measurement methodology. 
This is being done for clarity. As a result of this revision, EPA is 
deleting the reference to temperature in the table in 
Sec. 141.74(a)(1). This rule also corrects several typographical errors 
in the table in Sec. 141.74(a)(1). The corrections include: Addition of 
superscript 2 on total coliform and on fecal coliform for reference to 
footnote 2, moving the numbers 3,4,5 next to total coliform 
fermentation technique from their current position to superscript 
position, deleting ``MPN'' from the methodology entitled ``Fecal 
Coliform MPN Procedure'' consistent with editorial changes in the 18th 
edition of Standard Methods for the Examination of Water and 
Wastewater, 1992, changing ``Fecal Coliforms'' to ``Fecal Coliform'', 
and changing Heterot-rophic to Hetero-trophic.
Regulation Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735; October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
executive order. The order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may: (1) Have an annual 
effect on the economy of $100 million or more, or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; (2) Create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; (3) Materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of 

[[Page 34085]]
recipients thereof; or (4) Raise novel legal or policy issues arising 
out of legal mandates, the President's priorities, or the principles 
set forth in the executive order.
    This rule makes only technical and typographical corrections in a 
previous rule. Therefore, this rule is not a ``significant regulatory 
action'' under the terms of Executive Order 12866 and is therefore not 
subject to OMB review.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act requires EPA to explicitly consider 
the effect of these regulations on small entities. By policy, EPA has 
decided to consider regulatory alternatives if there is any economic 
impact on any small entities. This rule does not impose additional 
requirements, it only makes minor technical and typographical 
corrections in previous rules.

C. Paperwork Reduction Act

    The rule contains no requests for information and consequently is 
not subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

D. Unfunded Mandate Reform Act

    Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Pub. L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, or tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. When such a statement is needed for an EPA rule, section 205 
of the UMRA generally requires EPA to identify and consider a 
reasonable number of regulatory alternatives and adopt the least 
costly, more cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, giving 
them meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising them on compliance with the 
regulatory requirements.
    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, and tribal 
governments or the private sector because the rule merely corrects 
typographical errors and minor technical mistakes or omissions. Thus 
today's rule is not subject to the requirements of sections 202 and 205 
of the UMRA. For the same reason, EPA has determined that this rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments.

List of Subjects in 40 CFR Part 141

    Environmental protection, Chemicals, Analytical methods, Water 
supply.

    Dated: June 23, 1995.
Dana D. Minerva,
Deputy Assistant Administrator, Office of Water.

    For the reasons set forth in the preamble, part 141 of chapter I, 
title 40 of the Code of Federal Regulations is amended as follows:

PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS

    1. The authority citation for part 141 continues to read as 
follows:

    Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9.

    2. Section 141.21 is amended by revising footnotes 1 and 2 to the 
table in paragraph (f)(3) to read as follows:


Sec. 141.21  Coliform sampling.

* * * * *
    (f) * * *
    (3) * * *

    \1\ The time from sample collection to initiation of analysis 
may not exceed 30 hours. Systems are encouraged but not required to 
hold samples below 10 deg.C during transit.
\2\ Lactose broth, as commercially available, may be used in lieu of 
laurel tryptose broth, if the system conducts at least 25 parallel 
tests between this medium and lauryl tryptose broth using the water 
normally tested, and this comparison demonstrates that the false-
positive rate and false-negative rate for total coliforms, using 
lactose broth, is less than 10 percent.
* * * * *
    3. In the table in Sec. 141.23(k)(1) the entry ``temperature'' in 
the contaminant column is amended by revising the entry ``2550B'' to 
read ``2550'' in the SM column.
    4. The table in Sec. 141.23(k)(2) is amended by removing footnote 1 
and redesignating footnotes 2 through 4 as footnotes 1 through 3 
respectively and by revising the entry for ``cyanide'' to read as 
follows:


Sec. 141.23  Inorganic chemical sampling for analytical requirements.

* * * * *
    (k) * * *
    (2) * * *

------------------------------------------------------------------------
    Contaminant         Preservative        Container \1\      Time \2\ 
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Cyanide............  Cool, 4 deg.C,      P or G............      14 days
                      NaOH to pH>12 \3\.                                
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------
\1\ P=plastic, hard or soft; G=glass, hard or soft.                     
\2\ In all cases, samples should be analyzed as soon after collection as
  possible.                                                             
\3\ See method(s) for the information for preservation.                 

* * * * *


Sec. 141.24  [Amended]

    5. The table in Sec. 141.24(h)(18) is amended by revising the 
contaminant ``Dibromochloropropane (DBCP)'' to read ``1,2-Dibromo-3-
chloropropane (DBCP)''.
    6. Section 141.30 is amended by revising the second sentence in 
paragraph (c)(1) and revising paragraph (e), and adding a new paragraph 
(g) to read as follows:


Sec. 141.30  Total trihalomethane sampling, analytical and other 
requirements.

* * * * *

[[Page 34086]]

    (c) * * *
    (1) * * * The system shall submit the results of at least one 
sample for maximum TTHM potential using the procedure specified in 
paragraph (g) of this section. A sample must be analyzed from each 
treatment plant used by the system and be taken at a point in the 
distribution system reflecting the maximum residence time of the water 
in the system. * * *
* * * * *
    (e) Sampling and analyses made pursuant to this section shall be 
conducted by one of the total trihalomethane methods as directed in 
Sec. 141.24(e), and the Technical Notes on Drinking Water Methods, EPA-
600/R-94-173, October 1994, which is available from NTIS, PB-104766. 
Samples for TTHM shall be dechlorinated upon collection to prevent 
further production of trihalomethanes, according to the procedures 
described in the methods, except acidification is not required if only 
THMs or TTHMs are to be determined. Samples for maximum TTHM potential 
should not be dechlorinated or acidified, and should be held for seven 
days at 25 deg.C (or above) prior to analysis.
* * * * *
    (g) The water sample for determination of maximum total 
trihalomethane potential is taken from a point in the distribution 
system that reflects maximum residence time. Procedures for sample 
collection and handling are given in the methods. No reducing agent is 
added to ``quench'' the chemical reaction producing THMs at the time of 
sample collection. The intent is to permit the level of THM precursors 
to be depleted and the concentration of THMs to be maximized for the 
supply being tested. Four experimental parameters affecting maximum THM 
production are pH, temperature, reaction time and the presence of a 
disinfectant residual. These parameters are dealt with as follows: 
Measure the disinfectant residual at the selected sampling point. 
Proceed only if a measurable disinfectant residual is present. Collect 
triplicate 40 ml water samples at the pH prevailing at the time of 
sampling, and prepare a method blank according to the methods. Seal and 
store these samples together for seven days at 25 deg.C or above. After 
this time period, open one of the sample containers and check for 
disinfectant residual. Absence of a disinfectant residual invalidates 
the sample for further analysis. Once a disinfectant residual has been 
demonstrated, open another of the sealed samples and determine total 
THM concentration using an approved analytical method.
    7. Section 141.74 is amended by revising paragraph (a)(1) to read 
as follows:
Sec. 141.74  Analytical and monitoring requirements.

    (a) * * *
    (1) Public water systems must conduct analysis of pH and 
temperature in accordance with one of the methods listed at 
Sec. 141.23(k)(1). Public water systems must conduct analysis of total 
coliforms, fecal coliforms, heterotrophic bacteria, and turbidity in 
accordance with one of the following analytical methods and by using 
analytical test procedures contained in Technical Notes on Drinking 
Water Methods, EPA-600/R-94-173, October 1994, which is available at 
NTIS PB95-104766.

------------------------------------------------------------------------
         Organism                   Methodology           Citation \1\  
------------------------------------------------------------------------
Total Coliforms \2\.......  Total Coliform              9221A, B, C     
                             fermentation Technique                     
                             3,4,5.                                     
                            Total coliform membrane     9222A, B, C     
                             filter technique.                          
                            ONPG-mug test membrane \6\  9223            
Fecal Coli forms \2\......  Fecal Coliform Procedure    9221E           
                             \7\.                                       
                            Fecal Coliform filter       9222D           
                             procedure.                                 
Heterotrophic bacteria \2\  Pour Plate method.........  9215B           
Turbidity.................  Nephelometric method......  2130B           
                            Nephelometric method......  180.1 \8\       
                            Great Lakes instruments...  Method 2 \9\    
------------------------------------------------------------------------
\1\ Except where noted, all methods refer to the 18th edition of        
  Standard Methods for the Examination of Water and Wastewater, 1992,   
  American Public Health Association, 1015 Fifteenth Street NW,         
  Washington, D.C. 20005.                                               
\2\ The time from sample collection to initiation of analysis may not   
  exceed 8 hours. Systems are encouraged but not required to hold       
  samples below 10 deg.C during transit.                                
\3\ Lactose broth, as commercially available, may be used in lieu of    
  lauryl tryptose broth, if the system conducts at least 25 parallel    
  tests between this medium and lauryl tryptose broth using the water   
  normally tested, and this comparison demonstrates that the false      
  positive rate and false negative rate for total coliforms, using      
  lactose broth, is less than 10 percent.                               
\4\ Media should cover inverted tubes at least one-half to two-thirds   
  after the sample is added.                                            
\5\ No requirement exists to run the completed phase on 10 percent of   
  all total coliform-positive confirmed tubes.                          
\6\ The ONPG-MUG Test is also known as the Autoanalysis Colilert System.
                                                                        
\7\ A-1 Broth may be held up to three months in a tightly closed        
  screwcap tube at 4 deg.C.                                             
\8\ ``Methods for the Determination of Inorganic Substances in          
  Environmental Samples'', EPA-600/R-93-100, August 1993. Available at  
  NTIS, PB94-121811.                                                    
\9\ GLI Method 2, ``Turbidity'', November 2, 1992, Great Lakes          
  Instruments, Inc., 8855 North 55th Street, Milwaukee, Wisconsin 53223.

[FR Doc. 95-16004 Filed 6-28-95; 8:45 am]
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