[Federal Register Volume 67, Number 209 (Tuesday, October 29, 2002)]
[Rules and Regulations]
[Pages 65888-65902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27133]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 141

[FRL-7398-4]
RIN 2040-AD81


Unregulated Contaminant Monitoring Regulation: Approval of 
Analytical Method for Aeromonas; National Primary and Secondary 
Drinking Water Regulations: Approval of Analytical Methods for Chemical 
and Microbiological Contaminants

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: Today's rule approves the analytical method and an associated 
Minimum Reporting Level (MRL) to support the Unregulated Contaminant 
Monitoring Regulation's (UCMR) List 2 Aeromonas monitoring. This List 2 
monitoring will be conducted at 120 large and 180 small Public Water 
Systems (PWS) from January 1, 2003 through December 31, 2003.
    Today's rule also approves EPA Method 515.4 to support previously 
required National Primary Drinking Water Regulation (NPDWR) compliance 
monitoring for 2,4-D (as acid, salts and esters), 2,4,5-TP (Silvex), 
dinoseb, pentachlorophenol, picloram and dalapon. In addition, EPA 
Method 531.2 is approved to support previously required NPDWR 
monitoring for carbofuran and oxamyl.
    Minor changes have been made in the format of the table of methods 
required to be used for organic chemical NPDWR compliance monitoring to 
improve clarity and to conform to the format of other methods tables. 
In addition, the Presence-Absence (P-A) Coliform Test listed in the 
total coliform methods table was inadvertently identified as Method 
9221. This has been corrected to 9221 D. Also, detection limits for 
``Cyanide'' were added in the ``Detection Limits for Inorganic 
Contaminants'' table for the two cyanide methods, and minor editorial 
corrections were made.
    EPA is approving seven of the eight additional industry-developed 
analytical methods that were proposed to support previously required 
NPDWR compliance monitoring. These seven methods include: A method for 
the determination of atrazine, two methods for the determination of 
cyanide, two methods for the determination of total coliforms and E. 
coli, a method for the determination of heterotrophic bacteria, and a 
method for the determination of turbidity. With respect to the eighth 
industry-developed method proposed on March 7, 2002, EPA is deferring a 
decision on its approval until additional clarifying information from 
the vendor is evaluated.
    Finally, EPA is updating the information concerning the inspection 
of materials in the Water Docket to reflect its new address.

DATES: This regulation is effective November 29, 2002. The 
incorporation by reference of the methods listed in the rule is 
approved by the Director of the Federal Register as of November 29, 
2002. For purposes of judicial review, this final rule is promulgated 
as of 1 p.m. Eastern Time on November 12, 2002, as provided in 40 CFR 
23.7.

ADDRESSES: The official public docket for this rule is located at EPA 
West Building, Room B102, 1301 Constitution Avenue, NW., Washington DC.

FOR FURTHER INFORMATION CONTACT: For information regarding the actions 
included in this final rule contact David J. Munch, EPA, 26 West Martin 
Luther King Dr. (MLK 140), Cincinnati, Ohio 45268, (513) 569-7843 or e-
mail at [email protected]. General information may also be obtained 
from the EPA Safe Drinking Water Hotline. Callers within the United 
States may reach the Hotline at (800) 426-4791. The Hotline is open 
Monday through Friday, excluding Federal holidays, from 9 a.m. to 5:30 
p.m. Eastern Time.

SUPPLEMENTARY INFORMATION:

[[Page 65889]]

A. Potentially Regulated Entities

    The only regulated entities affected by today's rule are the 300 
public water systems selected for Aeromonas monitoring. Use of the 
remaining methods approved in this action is voluntary. If, however, 
one of these methods is selected to support compliance monitoring, then 
compliance with the procedures specified in the method is required. A 
nationally representative sample of 120 large community and non-
transient non-community water systems serving more than 10,000 persons 
is required to monitor for Aeromonas under the current UCMR. In 
addition, a nationally representative sample of 180 small community and 
non-transient non-community systems serving 10,000 or fewer persons is 
also required to monitor for Aeromonas. States, Territories, and Tribes 
with primacy to administer the regulatory program for public water 
systems under the Safe Drinking Water Act, sometimes conduct analyses 
to measure for contaminants in water samples and are thus affected by 
this action. Categories and entities potentially regulated by this 
action include the following:

----------------------------------------------------------------------------------------------------------------
                  Category                           Examples of potentially regulated entities          NAICSa
----------------------------------------------------------------------------------------------------------------
State, Local, & Tribal Governments..........  States, local and tribal governments that analyze water     924110
                                               samples on behalf of public water systems required to
                                               conduct such analysis; States, local and tribal
                                               governments that themselves operate community and non-
                                               transient non-community water systems required to
                                               monitor.
Industry....................................  Private operators of community and non-transient non-       221310
                                               community water systems required to monitor.
Municipalities..............................  Municipal operators of community and non-transient non-    924110
                                               community water systems required to monitor.
----------------------------------------------------------------------------------------------------------------
a North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware of 
that could potentially be regulated by this action. Other types of 
entities not listed in the table could also be regulated. To determine 
whether your facility is potentially regulated by this action 
concerning the monitoring for Aeromonas, you should carefully examine 
the applicability criteria in Sec. Sec.  141.35 and 141.40 of the Code 
of Federal Regulations (CFR). A listing of both the large and small 
systems selected to perform Aeromonas monitoring is available at http://www.epa.gov/safewater/standard/ucmr/systems.html. To determine whether 
your facility is potentially regulated by this action concerning the 
use of EPA Methods 515.4 or 531.2 or the additional industry-developed 
methods being approved, you should carefully examine the applicability 
criteria in Sec. Sec.  141.21, 141.23, 141.24 and 141.74 of the CFR. If 
you have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

B. Availability of Related Information

    1. EPA has established an official public docket for this action 
under Docket ID No. W-01-13. The official public docket consists of the 
documents specifically referenced in this action, any public comments 
received, and other information related to this action. Although a part 
of the official docket, the public docket does not include Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. The official public docket is the collection of 
materials that is available for public viewing at the Water Docket, 
EPA, 1301 Constitution Avenue, NW., EPA West, Room B-102, Washington, 
DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m. Eastern 
Time, Monday through Friday, excluding legal holidays. The Docket 
telephone number is (202) 566-2426.
    2. You may access this Federal Register document electronically 
through the EPA Internet under the ``Federal Register'' listings at 
http://www.epa.gov/fedrgstr/. An electronic version of the public 
docket is available through EPA's electronic public docket and comment 
system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, access the index listing of the 
contents of the official public docket, or access those documents in 
the public docket that are available electronically. Once in the 
system, select ``Quick Search,'' then key in the appropriate docket 
identification number. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
section B.1.

C. Abbreviations and Acronyms Used in the Preamble and Final Rule

2,4-D--2,4-dichlorophenoxyacetic acid
2,4,5-TP--2,4,5 trichlorophenoxyacetic acid
ADA--ampicilin-dextrin
APHA--American Public Health Association
ASTM--American Society for Testing and Materials
CAS--Chemical Abstract Service
CFR--Code of Federal Regulations
CFU/mL--colony forming units per milliliter
EPA--United States Environmental Protection Agency
et. al.--and others
et. seq.--and the following
GLI method--Great Lakes Instruments method
HCL--hydrochloric acid
HRGC--high resolution gas chromatography
HRMS--high resolution mass spectrometer
ICR--information collection request
LD--point of lowest disinfectant residual
MCL--maximum contaminant level
MD--midpoint in the distribution system
MDL--method detection limit
MI--4-methylumbelliferyl-beta-D-galactopyranoside-indoxyl-beta-D-
glucuronide
mg/L--milligram per liter
MR--point of maximum retention
MRL--minimum reporting level
NAICS--North American Industry Classification System
NERL--National Environmental Research Laboratory
NPDWR--National Primary Drinking Water Regulation
NTIS--National Technical Information Service
NTTAA--National Technology Transfer and Advancement Act
OMB--Office of Management and Budget
P-A--Presence-Absence
PCBs--polychlorinated biphenyls
pH--negative logarithm of the effective hydrogen-ion concentration
pKa--negative logarithm of the acidity constant

[[Page 65890]]

PT--proficiency testing
PWS--public water system
RFA--Regulatory Flexibility Act
SBA--Small Business Administration
SBREFA--Small Business Regulatory Enforcement Fairness Act
SDWA--Safe Drinking Water Act
UCMR--Unregulated Contaminant Monitoring Regulation
UMRA--Unfunded Mandates Reform Act of 1995
UV--ultraviolet

Table of Contents:

I. Statutory Authority and Background
II. Explanation of Today's Action
III. Summary of Comments Resulting in Changes in the Proposed Action
IV. Laboratory Approval and Certification for Aeromonas Monitoring
V. Statutory and Executive Order Reviews
    A. Executive Order 12866--Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132--Federalism
    F. Executive Order 13175--Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045--Protection of Children From 
Environmental Health Risks & Safety Risks
    H. Executive Order 13211--Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898--Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act
    L. Administrative Procedures Act
    M. Plain Language Directive

I. Statutory Authority and Background

    The Safe Drinking Water Act (SDWA) section 1445(a)(2), as amended 
in 1996, requires EPA to establish criteria for a program to monitor 
unregulated contaminants and to publish a list of contaminants to be 
monitored. To meet these requirements, EPA published the Revisions to 
the Unregulated Contaminant Monitoring Regulation (UCMR) for Public 
Water Systems (in 64 FR 50555, September 17, 1999) which substantially 
revised the previous Unregulated Contaminant Monitoring Program, 
codified at 40 CFR 141.40. The September 1999 UCMR requires monitoring 
for three lists of contaminants. EPA subsequently published supplements 
to the September 1999 rule which included approved analytical methods 
for conducting analyses of List 1 and selected List 2 contaminants (65 
FR 11372, March 2, 2000 and 66 FR 2273, January 11, 2001) and technical 
corrections and other supplemental information (66 FR 27215, May 16, 
2001 and 66 FR 46221, September 4, 2001). The January 11, 2001 rule 
specified the requirements for Aeromonas monitoring in the UCMR; 
however, an analytical method for the analysis of Aeromonas was not 
approved as part of that final rule. Today's rule amends the UCMR to 
specify a method and an associated Minimum Reporting Level (MRL) for 
monitoring Aeromonas on List 2.
    The SDWA, as amended in 1996, requires EPA to promulgate national 
primary drinking water regulations (NPDWRs) which specify maximum 
contaminant levels (MCLs) or treatment techniques for drinking water 
contaminants (SDWA section 1412 (42 U.S.C. 300g-1)). NPDWRs apply to 
public water systems pursuant to SDWA section 1401 (42 U.S.C. 300f). 
According to SDWA section 1401(1)(D), NPDWRs include ``criteria and 
procedures to assure a supply of drinking water which dependably 
complies with such maximum contaminant levels, including acceptable 
methods for quality control and testing procedures.'' In addition, SDWA 
section 1445(a) authorizes the Administrator to establish regulations 
for monitoring to assist in determining whether persons are acting in 
compliance with the requirements of the SDWA. EPA's promulgation of 
analytical methods is authorized under these sections of the SDWA, as 
well as the general rulemaking authority in SDWA section 1450(a), (42 
U.S.C. 300j-9(a)).

II. Explanation of Today's Action

    Prior actions (66 FR 2273, January 11, 2001; and 66 FR 46221, 
September 4, 2001), specify the methods to be used for analysis of List 
2 chemicals. In today's action, EPA is approving the use of EPA Method 
1605 for the analysis of Aeromonas as specified in List 2 of Table 1 
with an MRL of 0.2 Colony Forming Units (CFU)/100 mL.
    Today's action also approves EPA Method 515.4 for the determination 
of 2,4-D (as acid, salts and esters), 2,4,5-TP (Silvex), dinoseb, 
pentachlorophenol, picloram and dalapon; EPA Method 531.2 for the 
determination of carbofuran and oxamyl; and an additional industry-
developed method for the determination of atrazine in drinking water 
using an immunoassay-based technology and colorimetric determination, 
in accordance with Sec.  141.24(e), to support monitoring required 
under Sec.  141.24(h). Today's rule also approves six additional 
industry-developed methods: a method using a micro-scale hard 
distillation apparatus followed by colorimetric determination of total 
cyanide and a method using an ultra-violet digester system for the 
determination of total and available cyanide, to support monitoring 
required under Sec.  141.23 (k)(1); a method for the determination of 
the presence or absence of total coliforms and E. coli in drinking 
waters using a liquid culture, and a membrane filter method for the 
determination of total coliforms and E. coli using a membrane filter 
enzyme-substrate procedure, for monitoring required under Sec.  141.21; 
and a method for the determination of heterotrophic bacteria, and a 
laser based nephelometric method for the determination of turbidity, 
for monitoring required under Sec.  141.74. With respect to the eighth 
industry-developed method proposed on March 7, 2002, EPA is deferring a 
decision on its approval until additional clarifying information from 
the vendor is evaluated.
    In addition, the Presence-Absence (P-A) Coliform Test listed in the 
total coliform methods table was inadvertently identified as Method 
9221. As proposed on March 7, 2002, this has been corrected to 9221 D. 
Also, detection limits for ``Cyanide'' were added in the ``Detection 
Limits for Inorganic Contaminants'' table for the two cyanide methods, 
and minor editorial corrections were made.
    The actions taken in this final rule were proposed in the Federal 
Register published on March 7, 2002 (67 FR 10532, March 7, 2002). 
Twenty-six sets of comments were received concerning this proposal. 
Those comments which have resulted in EPA modifying what was proposed 
on March 7, 2002 are discussed in summary form below. More detailed 
responses to these comments, and to all other comments, are contained 
in ``Public Comment and Responses for the Unregulated Contaminant 
Monitoring Regulation: Approval of Analytical Method for Aeromonas. 
National Primary and Secondary Drinking Water Regulations: Approval of 
Analytical Methods for Chemical and Microbiological Contaminants' which 
is available in Docket ID No. W-01-13. See Section B. Availability of 
Related Information for information on contacting the official public 
docket.
    In this final version of the rule, EPA has decided to provide the 
full titles of the methods approved in this action in footnotes 17 and 
18 to the table at Sec.  141.21(k)(1), the footnote in Sec.  
141.24(e)(1), and footnotes 11 and 12 to the table at Sec.  
141.74(a)(1). Each of these titles were included in the discussions of 
each method detailed in the proposal to this regulation, published in 
the Federal Register on

[[Page 65891]]

March 7, 2002 (67 FR 10532, March 7, 2002). These titles were also on 
the cover of each method, all of which were available in the Water 
Docket for this regulation.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
prior notice and an opportunity for public comment. EPA is publishing 
several rule changes related to today's final determination. First, the 
address for the Water Docket has been updated in Sec.  141.24(e)(1) and 
in the text accompanying the tables at Sec. Sec.  141.21(f)(3), 
141.23(k)(1), 141.40(a)(3) and 141.74(a)(1) to conform to the Water 
Docket's new address. Second, the address for the Water Resource Center 
has been corrected in footnote 6 to the table in Sec.  141.21(f)(3). 
Finally, the address for the National Technical Information Service was 
added in footnote 6 to the table at Sec.  141.23(k)(1). EPA has 
determined that there is ``good cause'' for making these rule changes 
final without prior proposal and opportunity for comment because these 
rule changes have no substantive impact and merely correct or replace 
outdated CFR text. Thus, notice and public procedure are unnecessary. 
EPA finds that this constitutes ``good cause'' under 5 U.S.C. 
553(b)(B). For the same reasons, EPA is making these rule changes 
effective upon publication. 5 U.S.C. 553(d)(3).

III. Summary of Comments Resulting in Changes in the Proposed Action

    EPA has received and is reviewing clarifying information concerning 
the evaluation of the Colitag[reg] Test. Thus, EPA is not taking final 
action on this method at this time. EPA will respond to all comments 
regarding this method in a future action.
    No comments were received that would warrant delaying final action 
concerning: EPA Method 515.4 for the determination of 2,4-D (as acid, 
salts and esters), 2,4,5-TP (Silvex), dinoseb, pentachlorophenol, 
picloram and dalapon; EPA Method 531.2 for the determination of 
carbofuran and oxamyl; Syngenta AG-625 for the determination of 
atrazine; QuikChem 10-204-00-1-X or Kelada 01 for the determination of 
cyanide; Readycult'' Coliforms 100 Presence/Absence Test and Membrane 
Filter Technique using Chromocult'' Coliform Agar for the determination 
of total coliforms and E. coli; SimPlate for the determination of 
heterotrophic bacteria; or Hach FilterTrak 10133 for the determination 
of turbidity. Therefore, these methods are approved for drinking water 
compliance monitoring as proposed.
    One commenter suggested that the entries for cyanide in both of the 
tables located in Sec.  141.23 were confusing. This commenter suggested 
that the tables be reordered, so that the analytical methods would be 
listed in the same order in both tables. This commenter also noted that 
the footnotes listing whether the method was for the determination of 
free or total cyanide were in error. In addition, this commenter noted 
that the detection limit listed for the Kelada 01 method was in error.
    EPA agrees with the commenter. The tables in Sec.  141.23 have been 
reordered, putting the analytical methods listed in the same order. The 
Agency intends to propose changes to the footnotes listing whether the 
method was for the determination of free or total cyanide in a future 
action. The detection limit for the Kelada 01 method has been 
corrected.

IV. Laboratory Approval and Certification for Aeromonas Monitoring

    As a result of today's action, laboratories wishing to analyze 
samples for Aeromonas under the UCMR must use EPA Method 1605. EPA has 
previously specified, in Sec.  141.40 (a)(5)(ii)(G)(3) (66 FR 2273, 
January 11, 2001), that Aeromonas analyses must be performed by 
laboratories certified under Sec.  141.28 for compliance analyses of 
coliform indicator bacteria using an EPA approved membrane filtration 
procedure. Because of differences between EPA Method 1605 and existing 
membrane filtration methods for coliform indicator bacteria, 
laboratories performing EPA Method 1605 must also participate in 
proficiency testing (PT) studies to be conducted by EPA. Laboratories 
wishing to be approved to use Method 1605 for this monitoring should 
submit a ``request to participate'' letter to EPA and will be asked to 
analyze 10 samples for Aeromonas using Method 1605. Within 10 days of 
this rule being signed by the EPA Administrator, EPA will notify each 
large public water system selected to perform Aeromonas monitoring of 
the need for their laboratory to submit this ``request to participate'' 
letter. EPA has established 30 days following the publication of the 
final rule as the latest date by which it will be able to accept the 
``request to participate'' letter due to the very short time left 
before the beginning of the monitoring program (January 2003). The 
``request to participate'' letter should be mailed to: Technical 
Support Center Aeromonas PT Coordinator, EPA, 26 West Martin Luther 
King Drive, Cincinnati, Ohio 45268. Upon completion of the Aeromonas PT 
Program, EPA will provide each successful laboratory with an approval 
letter identifying the laboratory by name and the approval date. This 
letter, and a copy of the laboratory's certification under Sec.  141.28 
for compliance analysis of coliform indicator bacteria using an EPA 
approved membrane filtration procedure, may then be presented to any 
Public Water System (PWS) as evidence of laboratory approval for 
Aeromonas analysis supporting the UCMR. Laboratory approval is 
contingent upon the laboratory having and maintaining certification to 
perform drinking water compliance monitoring using an approved coliform 
membrane filtration method. EPA will post a list of the laboratories 
that have successfully completed each PT study at http//www.epa.gov/safewater/standard/ucmr/aprvlabs.html.
    All large and small systems selected for the Screening Survey will 
be notified by their State Drinking Water Authority or EPA at least 90 
days before the dates established for collecting and submitting UCMR 
field samples to determine the presence of Aeromonas. The PWSs selected 
to conduct Aeromonas monitoring are listed at http//www.epa.gov/
safewater/standard/ucmr/systems.html. Large systems must send samples 
to approved laboratories and then report the results to EPA as 
specified in Sec.  141.35. All shipping and analytical costs incurred 
by monitoring requirements for small systems will be paid by EPA; 
however, small systems will be responsible for collecting these 
samples.

V. Statutory and Executive Order Reviews

A. Executive Order 12866--Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether a regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (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

[[Page 65892]]

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 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.
    It has been determined that this final rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements in this rule under the provisions 
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned 
OMB control number 2040-0204. An Information Collection Request (ICR) 
document has been prepared by EPA (ICR No. 1896.03) and a copy may be 
obtained from Susan Auby by mail at Collection Strategies Division; 
U.S. Environmental Protection Agency (2822); 1200 Pennsylvania Avenue, 
NW, Washington, DC 20460; by e-mail at: [email protected]; or by 
calling (202) 566-1672. The information requirements are not effective 
until OMB approves them.
    The information to be collected pursuant to today's final rule 
fulfills the statutory requirements of section 1445(a)(2) of the SDWA, 
as amended in 1996. The data to be collected will describe the source 
water, location, and test results for samples taken from PWSs. 
Reporting is mandatory. Sec.  141.35. The data are not subject to 
confidentiality protection. The cost estimates described below for 
Aeromonas monitoring are attributed to laboratory fees, shipping costs, 
and some minimal labor burden for reading of requirements and for 
collecting samples. For large systems, labor burden estimates also 
consider activities related to reporting of results to EPA's UCMR 
database.
    Average annual non-labor costs for each large system during the 
three-year ICR period of 2002-2004 are estimated to be $197. Each large 
and small system is required to collect Aeromonas samples an average of 
2 times per year for the 2002-2004 period. EPA will incur no additional 
labor costs for implementation of today's final rule. The Agency's 
annual non-labor costs for the ICR period are estimated to be $50,310. 
These non-labor costs are solely attributed to the cost of sample 
testing and sample kit shipping for the 180 small systems. Annual costs 
and burdens are detailed in the following tables. A detailed discussion 
of these costs was presented in the Federal Register published on March 
7, 2002 (67 FR 10532, March 7, 2002).

                                   Average Annual PWS Burden and Cost Summary
                                                   [2002-2004]
----------------------------------------------------------------------------------------------------------------
                                                                              Cost
                                                  Annual  --------------------------------------------
                   Activity                       burden     Annual                Annual     Total      Annual
                                                  hours      labor      Annual    capital     annual   responses
                                                              cost     O&M cost     cost       cost
----------------------------------------------------------------------------------------------------------------
180 Small PWSs (serving 10,000 or fewer)......        253     $6,086         $0         $0     $6,086        360
120 Large PWSs (greater than 10,000)..........        100      2,403     23,640          0     26,043        240
                                               ------------
    Total.....................................        353      8,489     23,640          0     32,129        600
----------------------------------------------------------------------------------------------------------------


                                       Bottom Line Annual Burden and Cost
                                                   [2002-2004]
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Annual number of respondents.................                300 = 180  Small PWSs (serving 10,000 or fewer).
                                                                 + 120  Large PWSs (serving greater than
                                                                         10,000).
Total annual responses.......................                600 = 360  Small PWS responses.
                                                                 + 240  Large PWS responses.
Annual number of responses per respondent....                  2 = 600  Total annual responses from above.
                                                                  /300  Total annual respondents from above.
Total annual respondent hours................                353 = 253  Small PWS.
                                                                 + 100  Large PWS.
Hours per response...........................               0.59 = 353  Total annual respondent hours from
                                                                  /600   above.
                                                                        Total annual responses from above.
Total annual O&M and capital cost............             $23,640 = $0  180 small PWSs.
                                                             + $23,640  120 large PWSs.
Total annual respondent cost.................         $32,129 = $6,086  180 small PWSs.
                                                             + $26,043  120 large PWSs.
Total annual hours (resp. plus Agency).......                353 = 353  Total annual respondent hours for PWSs.
                                                                   + 0  Total annual EPA hours.
Total annual cost (resp. plus Agency)........                $82,440 =  Total annual costs nationally.
                                                             $32,130 +  Total annual respondent costs for PWSs.
                                                               $50,310  Total annual EPA costs
----------------------------------------------------------------------------------------------------------------
Note that there is no capital cost associated with this Rule. Primacy agencies do not incur any costs associated
  with this Rule.

    Today's rule also approves EPA Methods 515.4 and 531.2 to support 
monitoring already required under Phase II/V monitoring (Sec.  141.24), 
and approves seven additional industry-developed analytical methods. 
This part of today's final rule merely allows for the use of additional 
standardized methods, offering systems and their laboratories further 
operational flexibility. Thus, EPA believes that there is no cost or 
burden to public water

[[Page 65893]]

systems associated with the addition of these additional methods. In 
addition, because State adoption of analytical methods is voluntary, no 
costs are estimated for States related to the additional analytical 
methods that are included in today's final rule.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, disclose or provide 
information to or for a Federal agency. This includes the time needed 
to review instructions; develop, acquire, install, and use technology 
and systems for the purposes of collecting, validating and verifying 
information, processing and maintaining information, and disclosing and 
providing information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
be able to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    The RFA provides default definitions for each type of small entity. 
It also authorizes an agency to use alternative definitions for each 
category of small entity, ``which are appropriate to the activities of 
the agency'' after proposing the alternative definition(s) in the 
Federal Register and taking comment. 5 U.S.C. 601(3)-(5). In addition 
to the above, to establish an alternative small business definition, 
agencies must consult with the Small Business Administration's (SBA) 
Chief Counsel for Advocacy.
    For purposes of assessing the impacts of today's rule on small 
entities, EPA considered small entities to be public water systems 
serving 10,000 persons or fewer. This is the cut-off level specified by 
Congress in the 1996 Amendments to the SDWA for small system 
flexibility provisions. In accordance with the RFA requirements, EPA 
proposed using this alternative definition in the Federal Register, (63 
FR 7620, February 13, 1998) requested comment, consulted with SBA, and 
expressed its intention to use the alternative definition for all 
future drinking water regulations in the Consumer Confidence Reports 
regulation (63 FR 44511, August 19, 1998). As stated in that final 
rule, the alternative definition would be applied to this regulation as 
well.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.
    As for the UCMR, published on September 17, 1999 (64 FR 50555), EPA 
analyzed separately the impact on small privately and publicly owned 
water systems because of the different economic characteristics of 
these ownership types. For publicly owned systems, EPA used the 
``revenue test,'' which compares a system's annual costs attributed to 
the rule with the system's annual revenues. EPA used a ``sales test'' 
for privately owned systems, which involves the analogous comparison of 
UCMR-related costs to a privately owned system's sales. Because EPA 
does not know the ownership types of the systems selected for Aeromonas 
monitoring, the Agency assumes that the distribution of the national 
representative sample of small systems will reflect the proportions of 
publicly and privately owned systems in the national inventory (as 
estimated by EPA's 1995 Community Water System Survey, http://www.epa.gov/safewater/cwssvr.html). The estimated distribution of the 
sample for today's final rule, categorized by ownership type, source 
water, and system size, is presented in the following table.

 Number of Publicly and Privately Owned Small Systems to Participate in
                    Screening Survey 2 for Aeromonas
------------------------------------------------------------------------
                                     Publicly    Privately
          Size category               owned        owned      Total--All
                                     systems      systems      Systems
------------------------------------------------------------------------
       Ground Water Systems
500 and under....................            8           29           37
501 to 3,300.....................           35           16           51
3,301 to 10,000..................           27            7           34
                                  --------------
    Subtotal Ground..............           70           52          122
                                  --------------
      Surface Water Systems
500 and under....................            5           13           18
501 to 3,300.....................           10            4           14
3,301 to 10,000..................           20            6           26
                                  --------------
    Subtotal Surface.............           35           23           58
                                  ==============
    Total........................          105           75          180
------------------------------------------------------------------------

    The basis for the UCMR RFA certification for today's final rule, 
which approves Method 1605 for the analysis of Aeromonas, was 
determined by evaluating the total cost as a percentage of system 
revenues/sales. In the worst-case-scenario, the smallest system size 
category (i.e., 500 and under) is estimated to have revenues/sales of 
approximately $80,000. The total cost attributable to Aeromonas 
monitoring for these 55 systems represents less than 0.2 percent of 
their annual revenue/sales. The impact for larger systems will be even 
less significant. EPA specifically structured the rule to avoid 
significantly affecting small entities by assuming all costs for 
laboratory

[[Page 65894]]

analyses, shipping, and quality control for small entities. EPA incurs 
the entirety of the non-labor costs associated with Aeromonas 
monitoring, or 89 percent of all costs. Small systems only incur labor 
costs associated with the collection of Aeromonas samples and for 
reading about their sampling requirements, with an total labor cost per 
system of UCMR implementation of $101.50.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 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 UMRA section 202, 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, and Tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, UMRA section 205 generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most 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 of 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 UMRA section 203 a small 
government agency plan. The plan must provide for notifying potentially 
affected small governments, enabling officials of affected small 
governments to have meaningful and timely input in the development of 
EPA regulatory proposals with significant Federal intergovernmental 
mandates, and informing, educating, and advising small governments on 
compliance with the regulatory requirements.
    EPA has determined that today's final rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and Tribal governments, in the aggregate, or for the 
private sector in any one year. The only costs resulting from today's 
rule are those associated with the Aeromonas screening survey. EPA 
estimates that the total cost for State, local, and Tribal governments, 
and the private sector for one year of List 2 Screening Survey 
monitoring for Aeromonas (in 2003) is approximately $247,320, of which 
EPA will pay $150,930 or approximately 61 percent. The total costs not 
payed by EPA are $96,390 for the one year of Aeromonas monitoring 
(2003). State drinking water programs are assumed to incur no 
additional costs associated with the Aeromonas Screening Survey 
component of the UCMR. No costs are estimated/incurred for the other 
methods included in this final rule since they represent additional 
methods that public water systems may elect to use but that are not 
required. This rule does not withdraw earlier versions of methods, and 
there is no corresponding increase in expenditure or burden. Thus, 
today's final rule is not subject to the requirements of UMRA sections 
202 and 205.
    EPA has determined that this final rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments because EPA will pay for the reasonable costs of testing 
for the small PWSs required to sample and test for Aeromonas under this 
final rule, including those owned and operated by small governments. 
The only costs that small systems will incur are those attributed to 
collecting the Aeromonas samples and packing them for shipping to the 
laboratory (EPA will also pay for shipping). These costs are minimal, 
and are neither significant nor unique. For the reasons stated above, 
no costs are estimated/incurred for the other methods. Thus, today's 
rule is not subject to the requirements of UMRA section 203.

E. Executive Order 13132--Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The objective of this final rule 
is to specify approved analytical methods, thereby allowing Aeromonas 
to be included in the UCMR Screening Survey program and approving EPA 
Methods 515.4 and 531.2 and seven additional industry-developed methods 
that public water systems may use to conduct analyses previously 
required. The cost to State and local governments is minimal, and the 
rule does not preempt State law. Thus, Executive Order 13132 does not 
apply to this rule. In the spirit of Executive Order 13132, and 
consistent with EPA policy to promote communications between EPA and 
State and local governments, EPA specifically solicited comment on the 
proposed rule from State and local officials. No comments were received 
that concerned issues covered by Executive Order 13132.

F. Executive Order 13175--Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, titled ``Consultation and Coordination with 
Indian Tribal Governments'' (65 FR 67249, November 9, 2000), requires 
EPA to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsiblitities between the 
Federal government and Indian tribes.''
    This final rule does not have Tribal implications. It will not have 
substantial direct effects on Tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
The objective of this final rule is to specify approved analytical 
methods, thereby allowing Aeromonas to be included in the UCMR 
Screening Survey program and approving EPA Methods 515.4, 531.2 and 
seven additional industry-developed methods that public water systems 
may use to conduct analyses previously required. Only one small Indian 
Tribal system was selected for

[[Page 65895]]

Aeromonas monitoring. Since this utility will be receiving sampling 
assistance from the State of Montana and EPA will pay for all shipping 
and analysis costs, the cost to the Tribal government will be minimal. 
The rule does not preempt Tribal law. Thus, Executive Order 13175 does 
not apply to this rule. Moreover, in the spirit of Executive Order 
13175, and consistent with EPA policy to promote communications between 
EPA and Tribal governments, EPA specifically solicited comment on the 
proposed rule from tribal officials. No comments concerning Tribal 
issues were received.

G. Executive Order 13045--Protection of Children From Environmental 
Health Risks & Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This final rule is not subject to Executive Order 13045 because it 
is not ``economically significant'' as defined under Executive Order 
12866. Further, this final rule does not concern an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children.

H. Executive Order 13211--Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Effect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 
104-113, section12(d) (15 U.S.C. 272 note) directs EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. The NTTAA directs EPA to provide Congress, through 
OMB, explanations when the Agency decides not to use available and 
applicable voluntary consensus standards.
    This rulemaking involves technical standards. Therefore, the Agency 
conducted a search to identify potentially applicable voluntary 
consensus standards. EPA identified no voluntary consensus standards 
for Aeromonas. Therefore, EPA has approved only EPA Method 1605 for 
Aeromonas monitoring.
    Concerning the approval of EPA Method 515.4, while the Agency 
identified two new voluntary consensus methods (American Society for 
Testing and Materials (ASTM) D5317-98, and SM 6640 B) for the 
chlorinated acids as being potentially applicable, they are not 
included in this rule. EPA has decided not to approve SM 6640 B because 
the use of this voluntary consensus standard would have been 
impractical due to significant shortcomings in the sample preparation 
and quality control sections of the method instructions. Section 1b of 
Method SM 6640 B states that the alkaline wash detailed in section 4b2 
is optional. The hydrolysis that occurs during this step is essential 
to the analysis of the esters of many of the analytes. Therefore, this 
step is necessary and cannot be optional. In addition, the method 
specifies that the quality control limits for laboratory fortified 
blanks are to be based upon plus or minus three times the standard 
deviation of the mean recovery of the analytes, as determined in each 
laboratory. Therefore, this method permits unacceptably large control 
limits which may include 0 percent recovery. ASTM D5317-98 specifies 
acceptance windows for the initial demonstration of proficiency for 
laboratory fortified blank samples that are as small as 0 percent to as 
large as 223 percent recovery for picloram, with tighter criteria for 
other regulated contaminants. Therefore, this method permits 
unacceptably large control limits which include 0 percent recovery. 
Since SM 6640 B has significant shortcomings in the sample preparation 
and quality control sections and D5317-98 has unacceptably large 
quality control limits use of these methods for drinking water analysis 
is impractical. Therefore, EPA is approving only EPA Method 515.4 for 
the chlorinated acids at this time.
    Concerning the approval of EPA Method 531.2, while the Agency 
identified two new voluntary consensus methods (Standard Method 6610, 
20th Edition, and Standard Method 6610, 20th Supplemental Edition) as 
being potentially applicable for the analysis of carbamates, the Agency 
is not approving them in this rulemaking. Standard Method 6610, 20th 
Edition has recently been approved for compliance monitoring. Standard 
Method 6610, 20th Supplemental Edition permits the use of a strong 
acid, hydrochloric acid (HCL), as a preservative. The preservatives in 
all of the other approved EPA and Standard Methods procedures for these 
analytes are weak acids that adjust the pH to a specific value based 
upon the pKa of the preservative. The use of HCL would require accurate 
determinations of the pH of the sample in the field and could be 
subject to considerable error and possible changes in pH upon storage. 
Although not specifically observed for oxamyl or carbofuran during the 
development of similar methods, structurally similar pesticides have 
been shown to degrade over time when kept at pH 3. Therefore, approval 
of this method is impractical because it specifies the use of a strong 
acid (HCL) when positive control of the pH is critical. Therefore, EPA 
is approving only EPA Method 531.2 for determining oxamyl and 
carbofuran.
    The seven other analytical methods being approved in this 
regulation are additional analytical methods for use in drinking water 
compliance monitoring, submitted to EPA by industry. These industry-
developed methods will supplement existing approved methods, some of 
which are voluntary consensus standards.

J. Executive Order 12898--Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898, ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations'' (February 
11, 1994), focuses Federal attention on the environmental and human 
health conditions of minority and low-income populations with the goal 
of achieving environmental protection for all communities. This 
regulation adds new analytic methods to part 141. It does not withdraw 
any currently approved methods nor does it add or alter any current 
monitoring requirement. The purpose of this regulation is to provide 
additional analytical methods for

[[Page 65896]]

drinking water utilities to use to meet the currently existing 
monitoring requirements. EPA has determined that there are no 
environmental justice issues in this rulemaking.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
generally provides that before a rule may take effect, the Agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective on November 29, 2002.

L. Administrative Procedures Act

    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
prior notice and an opportunity for public comment. EPA is publishing 
several rule changes related to today's action that were not included 
in the proposal. First, the address for the Water Docket has been 
corrected in Sec.  141.24(e)(1) and in the text accompanying the tables 
at Sec. Sec.  141.21(f)(3), 141.23(k)(1), 141.40(a)(3) and 
141.74(a)(1). Second, the address for the Water Resource Center has 
been corrected in footnote 6 to the table in Sec.  141.21(f)(3). 
Finally, the address for the National Technical Information Service was 
added in footnote 6 to the table at Sec.  141.23(k)(1). EPA has 
determined that there is ``good cause'' for making these rule changes 
final without prior proposal and opportunity for comment because these 
rule changes have no substantive impact and merely correct or replace 
outdated CFR text. Thus, notice and public procedure are unnecessary. 
EPA finds that this constitutes ``good cause'' under 5 U.S.C. 
553(b)(B). For the same reasons, EPA is making these rule changes 
effective upon publication. 5 U.S.C. 553(d)(3).

M. Plain Language Directive

    Executive Order 12866 calls for each agency to write its rules in 
plain language. Readable regulations help the public find requirements 
quickly and understand them easily. They increase compliance, 
strengthen enforcement, and decrease mistakes, frustration, phone 
calls, appeals, and distrust of government. EPA made every effort to 
write this preamble to the final rule in as clear, concise, and 
unambiguous manner as possible. Today's final rule language is largely 
in a table format consistent with the format of the CFR sections being 
amended.

List of Subjects in 40 CFR Part 141

    Environmental protection, Chemicals, Indians-lands, Incorporation 
by reference, Intergovernmental relations, Radiation protection, 
Reporting and recordkeeping requirements, Water supply.

    Dated: October 18, 2002.
Christine Todd Whitman,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I 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, and 300j-11.

    2. Section 141.21 is amended:
    a. By revising the Table in paragraph (f)(3);
    b. By adding paragraphs (f)(6) (viii) and (ix).
    The revision and additions read as follows:


Sec.  141.21  Coliform sampling.

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

----------------------------------------------------------------------------------------------------------------
               Organism                             Methodology \12\                       Citation \1\
----------------------------------------------------------------------------------------------------------------
Total Coliforms \2\...................  Total Coliform Fermentation Technique     9221A, B
                                         3,4,5.
                                        Total Coliform Membrane Filter Technique  9222 A, B, C
                                         \6\.
                                        Presence-Absence (P-A) Coliform Test 5,7  9221 D
                                        ONPG-MUG Test \8\.......................  9223
                                        Colisure Test \9\
                                        E*Colite[reg] Test \10\
                                        m-ColiBlue24[reg] Test \11\
                                        Readycult[reg] Coliforms 100 Presence/
                                         Absence Test \13\
                                        Membrane Filter Technique using
                                         Chromocult[reg] Coliform Agar \14\
----------------------------------------------------------------------------------------------------------------
The procedures shall be done in accordance with the documents listed below. The incorporation by reference of
  the following documents listed in footnotes 1, 6, 8, 9, 10, 11, 13 and 14 was approved by the Director of the
  Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies of the documents may be obtained
  from the sources listed below. Information regarding obtaining these documents can be obtained from the Safe
  Drinking Water Hotline at 800-426-4791. Documents may be inspected at EPA's Drinking Water Docket, EPA West,
  1301 Constitution Avenue, NW, EPA West, Room B102, Washington DC 20460 (Telephone: 202-566-2426); or at the
  Office of Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, D.C. 20408.
\1\ Standard Methods for the Examination of Water and Wastewater, 18th edition (1992), 19th edition (1995), or
  20th edition (1998). American Public Health Association, 1015 Fifteenth Street, NW, Washington, DC 20005. The
  cited methods published in any of these three editions may be used.
\2\ 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.
\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
  coliform, using lactose broth, is less than 10 percent.
\4\ If inverted tubes are used to detect gas production, the media should cover these 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\ MI agar also may be used. Preparation and use of MI agar is set forth in the article, ``New medium for the
  simultaneous detection of total coliform and Escherichia coli in water'' by Brenner, K.P., et. al., 1993,
  Appl. Environ. Microbiol. 59:3534-3544. Also available from the Office of Water Resource Center (RC-4100T),
  1200 Pennsylvania Avenue, NW, Washington DC, 20460, EPA/600/J-99/225. Verification of colonies is not
  required.

[[Page 65897]]

 
\7\ Six-times formulation strength may be used if the medium is filter-sterilized rather than autoclaved.
\8\ The ONPG-MUG Test is also known as the Autoanalysis Colilert System.
\9\ A description of the Colisure Test, Feb 28, 1994, may be obtained from IDEXX Laboratories, Inc., One IDEXX
  Drive, Westbrook, Maine 04092. The Colisure Test may be read after an incubation time of 24 hours.
\10\ A description of the E*Colite[reg] Test, ``Presence/Absence for Coliforms and E. Coli in Water,'' Dec 21,
  1997, is available from Charm Sciences, Inc., 36 Franklin Street, Malden, MA 02148-4120.
\11\ A description of the m-ColiBlue24[reg] Test, Aug 17, 1999, is available from the Hach Company, 100 Dayton
  Avenue, Ames, IA 50010.
\12\ EPA strongly recommends that laboratories evaluate the false-positive and negative rates for the method(s)
  they use for monitoring total coliforms. EPA also encourages laboratories to establish false-positive and
  false-negative rates within their own laboratory and sample matrix (drinking water or source water) with the
  intent that if the method they choose has an unacceptable false-positive or negative rate, another method can
  be used. The Agency suggests that laboratories perform these studies on a minimum of 5% of all total coliform-
  positive samples, except for those methods where verification/confirmation is already required, e.g., the M-
  Endo and LES Endo Membrane Filter Tests, Standard Total Coliform Fermentation Technique, and Presence-Absence
  Coliform Test. Methods for establishing false-positive and negative-rates may be based on lactose
  fermentation, the rapid test for [beta]-galactosidase and cytochrome oxidase, multi-test identification
  systems, or equivalent confirmation tests. False-positive and false-negative information is often available in
  published studies and/or from the manufacturer(s).
\13\ The Readycult[reg] Coliforms 100 Presence/Absence Test is described in the document, ``Readycult[reg]
  Coliforms 100 Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichla coli
  in Finished Waters'', November 2000, Version 1.0, available from EM Science (an affiliate of Merck KGgA,
  Darmstadt Germany), 480 S. Democrat Road, Gibbstown, NJ 08027-1297. Telephone number is (800) 222-0342, e-mail
  address is: [email protected].
\14\ Membrane Filter Technique using Chromocult[reg] Coliform Agar is described in the document,
  ``Chromocult[reg] Coliform Agar Presence/Absence Membrane Filter Test Method for Detection and Identification
  of Coliform Bacteria and Escherichla coli in Finished Waters'', November 2000, Version 1.0, available from EM
  Science (an affiliate of Merck KGgA, Darmstadt Germany), 480 S. Democrat Road, Gibbstown, NJ 08027-1297.
  Telephone number is (800) 222-0342, e-mail address is: [email protected].

* * * * *
    (6) * * *
    (viii) Readycult[reg] Coliforms 100 Presence/Absence Test, a 
description of which is cited in footnote 13 to the table at paragraph 
(f)(3) of this section.
    (ix) Membrane Filter Technique using Chromocult[reg] Coliform Agar, 
a description of which is cited in footnote 14 to the table at 
paragraph (f)(3) of this section.
* * * * *

    3. Section 141.23 is amended by revising the entry for ``Cyanide'' 
in the table in paragraph (a)(4)(i) and in the table in paragraph 
(k)(1) to read as follows:


Sec.  141.23  Inorganic chemical sampling and analytical requirements.

* * * * *
    (a) * * *
    (4) * * *
    (i) * * *

                                   Detection Limits for Inorganic Contaminants
----------------------------------------------------------------------------------------------------------------
                                 MCL  (mg/
          Contaminant                L)                     Methodology                  Detection limit  (mg/L)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Cyanide........................        0.2  Distillation, Spectrophotometric \3\.......  0.02
                                 .........  Distillation, Automated, Spectrophotometric  0.005
                                             \3\.
                                 .........  Distillation, Amenable, Spectrophotometric   0.02
                                             \4\.
                                 .........  Distillation, Selective Electrode \3\......  0.05
                                 .........  UV, Distillation, Spectrophotometric.......  0.0005
                                 .........  istillation, Spectrophotometric............  0.0006
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\3\ Screening method for total cyanides.
\4\ Measures ``free'' cyanides.

* * * * *
    (k) * * *
    (1) * * *

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Contaminant and  methodology \13\                EPA                          ASTM \3\                SM \4\  (18th, 19th ed.)           SM \4\  (20th ed.)                    Other
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                          * * * * * * *
12. Cyanide:
    Manual Distillation followed                                   D2036-98A.....................  4500-CN- C....................  4500-CN- C....................
     by.
----------------------------------
        Spectrophotometric Manual                                  D2036-98A.....................  4500-CN- E....................  4500-CN- E....................  I-3300-85 \5\
        Spectrophotometric Semi-   335.4 \6\
         automated.
        Spectrophotometric,                                        D2036-98B.....................  4500-CN- G....................  4500-CN- G....................
         Amenable.
    Selective Electrode..........                                                                  4500-CN- F....................  4500-CN- F....................
    UV/Distillation/                                                                                                                                               Kelada 01 \17\
     Spectrophotometric.
    Distillation/                                                                                                                                                  QuikChem 10-204-00-1-X \18\
     Spectrophotometric.
 

[[Page 65898]]

 
                                                                                         * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The procedures shall be done in accordance with the documents listed below. The incorporation by reference of the following documents listed in footnotes 1-11,16 and 17-18 was approved by the
  Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the documents may be obtained from the sources listed below. Information regarding obtaining
  these documents can be obtained from the Safe Drinking Water Hotline at 800-426-4791. Documents may be inspected at EPA's Drinking Water Docket, 1301 Constitution Avenue, NW., EPA West, Room
  B102, Washington, DC 20460 (Telephone: 202-566-2426); or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
3 Annual Book of ASTM Standards, 1994, 1996, or 1999, Vols. 11.01 and 11.02, ASTM International; any year containing the cited version of the method may be used. The previous versions of D1688-
  95A, D1688-95C (copper), D3559-95D (lead), D1293-95 (pH), D1125-91A (conductivity) and D859-94 (silica) are also approved. These previous versions D1688-90A, C; D3559-90D, D1293-84, D1125-
  91A and D859-88, respectively are located in the Annual Book of ASTM Standards, 1994, Vol. 11.01. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA
  19428.
4 Standard Methods for the Examination of Water and Wastewater, 18th edition (1992), 19th edition (1995), or 20th edition (1998). American Public Health Association, 1015 Fifteenth Street,
  NW., Washington, DC 20005. The cited methods published in any of these three editions may be used, except that the versions of 3111B, 3111D, 3113B and 3114B in the 20th edition may not be
  used.
5 Method I-2601-90, Methods for 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, 1993; For Methods I-1030-85; I-1601-85; I-1700-85; I-2598-85; I-2700-85; and I-3300-85 See Techniques of Water Resources Investigation of the U.S. Geological Survey,
  Book 5, Chapter A-1, 3rd ed.,1989; Available from Information Services, U.S. Geological Survey, Federal Center, Box 25286, Denver, CO 80225-0425.
6 ``Methods for the Determination of Inorganic Substances in Environmental Samples'', EPA/600/R-93/100, August 1993. Available at NTIS, PB94-120821. Available at NTIS, PB94-120821, 5285 Port
  Royal Road, Springfield, VA 22161. The toll free telephone number is 800-553-6847.
 
 * * * * *
13 Because MDLs reported in EPA Methods 200.7 and 200.9 were determined using a 2X preconcentration step during sample digestion, MDLs determined when samples are analyzed by direct analysis
  (i.e., no sample digestion) will be higher. For direct analysis of cadmium and arsenic by Method 200.7, and arsenic by Method 3120 B sample preconcentration using pneumatic nebulization may
  be required to achieve lower detection limits. Preconcentration may also be required for direct analysis of antimony, lead, and thallium by Method 200.9; antimony and lead by Method 3113 B;
  and lead by Method D3559-90D unless multiple in-furnace depositions are made.
 
 * * * * *
17 The description for the Kelada 01 Method, ``Kelada Automated Test Methods for Total Cyanide, Acid Dissociable Cyanide, And Thiocyanate'', Revision 1.2, August 2001, EPA  821-B-01-
  009 for cyanide is available from the National Technical Information Service (NTIS), PB 2001-108275, 5285 Port Royal Road, Springfield, VA 22161. The toll free telephone number is 800-553-
  6847.
18 The description for the QuikChem Method 10-204-00-1-X, ``Digestion and distillation of total cyanide in drinking and wastewaters using MICRO DIST and determination of cyanide by flow
  injection analysis'', Revision 2.1, November 30, 2000 for cyanide is available from Lachat Instruments, 6645 W. Mill Rd., Milwaukee, WI 53218, USA. Phone: 414-358-4200.

* * * * *

    4. Section 141.24 is amended by revising paragraph (e)(1), 
introductory text and the table in paragraph (e)(1) to read as follows:


Sec.  141.24  Organic chemical, sampling and analytical requirements.

* * * * *
    (e) * * *
    (1) The following documents are incorporated by reference. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be inspected at EPA's Drinking Water Docket, 1301 Constitution 
Avenue, NW., EPA West, Room B102, Washington DC 20460 (Telephone: 202-
566-2426); or at the Office of the Federal Register, 800 North Capitol 
Street, NW., Suite 700, Washington, DC. Method 508A and 515.1 are in 
Methods for the Determination of Organic Compounds in Drinking Water, 
EPA/600/4-88-039, December 1988, Revised, July 1991. Methods 547, 550 
and 550.1 are in Methods for the Determination of Organic Compounds in 
Drinking Water--Supplement I, EPA/600-4-90-020, July 1990. Methods 
548.1, 549.1, 552.1 and 555 are in Methods for the Determination of 
Organic Compounds in Drinking Water--Supplement II, EPA/600/R-92-129, 
August 1992. Methods 502.2, 504.1, 505, 506, 507, 508, 508.1, 515.2, 
524.2, 525.2, 531.1, 551.1 and 552.2 are in Methods for the 
Determination of Organic Compounds in Drinking Water--Supplement III, 
EPA/600/R-95-131, August 1995. Method 1613 is titled ``Tetra-through 
Octa-Chlorinated Dioxins and Furans by Isotope-Dilution HRGC/HRMS'', 
EPA/821-B-94-005, October 1994. These documents are available from the 
National Technical Information Service, NTIS PB91-231480, PB91-146027, 
PB92-207703, PB95-261616 and PB95-104774, U.S. Department of Commerce, 
5285 Port Royal Road, Springfield, Virginia 22161. The toll-free number 
is 800-553-6847. Method 6651 shall be followed in accordance with 
Standard Methods for the Examination of Water and Wastewater, 18th 
edition (1992), 19th edition (1995), or 20th edition (1998), American 
Public Health Association (APHA); any of these three editions may be 
used. Method 6610 shall be followed in accordance with Standard Methods 
for the Examination of Water and Wastewater, (18th Edition Supplement) 
(1994), or with the 19th edition (1995) or 20th edition (1998) of 
Standard Methods for the Examination of Water and Wastewater; any of 
these three editions may be used. The APHA documents are available from 
APHA, 1015 Fifteenth Street NW., Washington, D.C. 20005. Other required 
analytical test procedures germane to the conduct of these analyses are 
contained in Technical Notes on Drinking Water Methods, EPA/600/R-94-
173, October 1994, NTIS PB95-104766. EPA Methods 515.3 and 549.2 are 
available from U.S. Environmental Protection Agency, National Exposure 
Research Laboratory (NERL)-Cincinnati, 26 West Martin Luther King 
Drive, Cincinnati, OH 45268. ASTM Method D 5317-93 is available in the 
Annual Book of ASTM Standards, (1999), Vol. 11.02, ASTM International, 
100 Barr Harbor Drive, West Conshohocken, PA 19428, or in any edition 
published after 1993. EPA Method 515.4, ``Determination of Chlorinated 
Acids in Drinking Water by Liquid-Liquid Microextraction, 
Derivatization and Fast Gas Chromatography with Electron Capture 
Detection,'' Revision 1.0, April 2000, EPA /815/B-00/001 can be 
accessed and downloaded directly on-line at www.epa.gov/safewater/methods/sourcalt.html. The Syngenta AG-625, ``Atrazine in Drinking 
Water by Immunoassay'', February 2001 is available from Syngenta Crop 
Protection, Inc., 410 Swing Road, Post Office Box 18300, Greensboro, NC

[[Page 65899]]

27419, Phone number (336) 632-6000. Method 531.2 ``Measurement of N-
methylcarbamoyloximes and N-methylcarbamates in Water by Direct Aqueous 
Injection HPLC with Postcolumn Derivatization,'' Revision 1.0, 
September 2001, EPA 815/B/01/002 can be accessed and downloaded 
directly on-line at www.epa.gov/safewater/methods/sourcalt.html.

--------------------------------------------------------------------------------------------------------------------------------------------------------
             Contaminant                      EPA method 1               Standard methods                   ASTM                        Other
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Benzene..........................  502.2, 524.2...............
2. Carbon tetrachloride.............  502.2, 524.2, 551.1........
3. Chlorobenzene....................  502.2, 524.2...............
4. 1,2-Dichlorobenzene..............  502.2, 524.2...............
5. 1,4-Dichlorobenzene..............  502.2, 524.2...............
6. 1,2-Dichloroethane...............  502.2, 524.2...............
7. cis-Dichloroethylene.............  502.2, 524.2...............
8. trans-Dichloroethylene...........  502.2, 524.2...............
9. Dichloromethane..................  502.2, 524.2...............
10. 1,2-Dichloropropane.............  502.2, 524.2...............
11. Ethylbenzene....................  502.2, 524.2...............
12. Styrene.........................  502.2, 524.2...............
13. Tetrachloroethylene.............  502.2, 524.2, 551.1........
14. 1,1,1-Trichloroethane...........  502.2, 524.2, 551.1........
15. Trichloroethylene...............  502.2, 524.2, 551.1........
16. Toluene.........................  502.2, 524.2...............
17. 1,2,4-Trichlorobenzene..........  502.2, 524.2...............
18. 1,1-Dichloroethylene............  502.2, 524.2...............
19. 1,1,2-Trichloroethane...........  502.2, 524.2, 551.1........
20. Vinyl chloride..................  502.2, 524.2...............
21. Xylenes (total).................  502.2, 524.2...............
22. 2,3,7,8-TCDD (dioxin)...........  1613.......................
23. 2,4-D 4 (as acid, salts and       515.2, 555, 515.1, 515.3,    ...........................  D5317-93...................
 esters).                              515.4.
24. 2,4,5-TP 4 (Silvex).............  515.2, 555, 515.1, 515.3,    ...........................  D5317-93...................
                                       515.4.
25. Alachlor 2......................  507, 525.2, 508.1, 505,
                                       551.1.
26. Atrazine 2......................  507, 525.2, 508.1, 505,      ...........................  ...........................  Syngenta AG-625.
                                       551.1.
27. Benzo(a)pyrene..................  525.2, 550, 550.1..........
28. Carbofuran......................  531.1, 531.2...............  6610.......................
29. Chlordane.......................  508, 525.2, 508.1, 505.....
30. Dalapon.........................  552.1, 515.1, 552.2, 515.3,
                                       515.4.
31. Di(2-ethylhexyl)adipate.........  506, 525.2.................
32. Di(2-ethylhexyl)phthalate.......  506, 525.2.................
33. Dibromochloropropane (DBCP).....  504.1, 551.1...............
34. Dinoseb 4.......................  515.2, 555, 515.1, 515.3,
                                       515.4.
35. Diquat..........................  549.2......................
36. Endothall.......................  548.1......................
37. Endrin..........................  508, 525.2, 508.1, 505,
                                       551.1.
38. Ethylene dibromide (EDB)........  504.1, 551.1...............
39. Glyphosate......................  547........................  6651.......................
40. Heptachlor......................  508, 525.2, 508.1, 505,
                                       551.1.
41. Heptachlor Epoxide..............  508, 525.2, 508.1, 505,
                                       551.1.

[[Page 65900]]

 
42. Hexachlorobenzene...............  508, 525.2, 508.1, 505,
                                       551.1.
43. Hexachlorocyclopentadiene.......  508, 525.2, 508.1, 505,
                                       551.1.
44. Lindane.........................  508, 525.2, 508.1, 505,
                                       551.1.
45. Methoxychlor....................  508, 525.2, 508.1, 505,
                                       551.1.
46. Oxamyl..........................  531.1, 531.2...............  6610.......................
47. PCBs 3 (as decachlorobiphenyl)..  508A.......................
48. PCBs 3 (as Aroclors)............  508.1, 508, 525.2, 505.....
49. Pentachlorophenol...............  515.2, 525.2, 555, 515.1,    ...........................  D5317-93...................
                                       515.3, 515.4.
50. Picloram 4......................  515.2, 555, 515.1, 515.3,    ...........................  D5317-93...................
                                       515.4.
51. Simazine 2......................  507, 525.2, 508.1, 505,
                                       551.1.
52. Toxaphene.......................  508, 508.1, 525.2, 505.....
53. Total Trihalomethanes...........  502.2, 524.2, 551.1........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For previously approved EPA methods which remain available for compliance monitoring until June 1, 2001, see paragraph (e)(2) of this section.
\2\ Substitution of the detector specified in Method 505, 507, 508 or 508.1 for the purpose of achieving lower detection limits is allowed as follows.
  Either an electron capture or nitrogen phosphorous detector may be used provided all regulatory requirements and quality control criteria are met.
\3\ PCBs are qualitatively identified as Aroclors and measured for compliance purposes as decachlorobiphenyl. Users of Method 505 may have more
  difficulty in achieving the required detection limits than users of Methods 508.1, 525.2 or 508.
\4\ Accurate determination of the chlorinated esters requires hydrolysis of the sample as described in EPA Methods 515.1, 515.2, 515.3, 515.4 and 555
  and ASTM Method D5317-93.

* * * * *

    5. Section 141.40 is amended by revising in Table 1, the second 
``List 2--Screening Survey Microbiological Contaminants to be sampled 
after notice of analytical methods availability'' under paragraph 
(a)(3), and revising footnote h, to read as follows:


Sec.  141.40  Monitoring requirements for unregulated contaminants.

    (a) * * *
    (3) * * *

                                                               Table 1. Unregulated Contaminant Monitoring Regulation (1999) List
 
 
 
                                                                                          * * * * * * *
 


                                                               List 2--Screening Survey Microbiological Contaminants to be sampled
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                      6--period during which
         1--contaminant              2--identification number          3--analytical methods        4--minimum reporting level         5--sampling location         monitoring to be completed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Aeromonas.......................  NA............................  EPA Method 1605 h.............  0.2--CFU/100mL f..............  Distribution Systemg..........  2003
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 Column headings are:
1--Chemical or microbiological contaminant: the name of the contaminants to be analyzed.
2--CAS (Chemical Abstract Service Number) Registry No. or Identification Number: a unique number identifying the chemical contaminants.
3--Analytical Methods: method numbers identifying the methods that must be used to test the contaminants.
4--Minimum Reporting Level: the value and unit of measure at or above which the concentration or density of the contaminant must be measured using the Approved Analytical Methods.
5--Sampling Location: the locations within a PWS at which samples must be collected.
6--Years During Which Monitoring to be Completed: the years during which the sampling and testing are to occur for the indicated contaminant.

[[Page 65901]]

 
The procedures shall be done in accordance with the documents listed next in these footnotes. The incorporation by reference of the following documents listed in footnotes a-c and h was
  approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the documents may be obtained from the following sources. Information
  regarding obtaining these documents can be obtained from the Safe Drinking Water Hotline at 800-426-4791. Copies of the documents may be obtained from the sources listed in these footnotes.
  Information regarding obtaining these documents can be obtained from the Safe Drinking Water Hotline at 800-476-4791. Documents may be inspected at EPA's Drinking Water Docket, 1301
  Constitution Avenue, NW., EPA West, Room B102, Washington DC 20460 (Telephone: 202-566-2426); or at the Office of Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
\f\ Minimum Reporting Level represents the value of the lowest concentration precision and accuracy determination made during methods development and documented in the method. If method
  options are permitted, the concentration used was for the least sensitive option.
\g\ Three samples must be taken from the distribution system, which is owned or controlled by the selected PWS. The sample locations must include one sample from a point (MD from Sec.
  141.35(d)(3), Table 1) where the disinfectant residual is representative of the distribution system. This sample location may be selected from sample locations which have been previously
  identified for samples to be analyzed for coliform indicator bacteria. Coliform sample locations encompass a variety of sites including midpoint samples which may contain a disinfectant
  residual that is typical of the system. Coliform sample locations are described in 40 CFR 141.21. This same approach must be used for the Aeromonas midpoint sample where the disinfectant
  residual would not have declined and would be typical for the distribution system. Additionally, two samples must be taken from two different locations: The distal or dead-end location in
  the distribution system (MR from Sec.   141.35(d)(3), Table 1), avoiding disinfectant booster stations, and from a location where previous determinations have indicated the lowest
  disinfectant residual in the distribution system (LD from Sec.   141.35(d)(3), Table 1). If these two locations of distal and low disinfectant residual sites coincide, then the second sample
  must be taken at a location between the MD and MR sites. Locations in the distribution system where the disinfectant residual is expected to be low are similar to TTHM sampling points.
  Sampling locations for TTHMs are described in 63 FR 69468.
\h\ EPA Method 1605 ``Aeromonas in Finished Water by Membrane Filtration using Ampicillin-Dextrin Agar with Vancomycin (ADA-V)'', October 2001, EPA  821-R-01-034. The method can be
  accessed and downloaded directly on-line at www.epa.gov/microbes.

* * * * *

    6. Section 141.74 is amended by revising the table in paragraph 
(a)(1) to read as follows:


Sec.  141.74  Analytical and monitoring requirements.

    (a) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
               Organism                                Methodology                         Citation \1\
----------------------------------------------------------------------------------------------------------------
Total Coliform \2\....................  Total Coliform Fermentation Technique 3   9221 A, B, C
                                         4 5.
                                        Total Coliform Membrane Filter Technique  9222 A, B, C
                                         \6\.
                                        ONPG-MUG Test \7\.......................  9223
Fecal Coliforms \2\...................  Fecal Coliform Procedure \8\............  9221 E
                                        Fecal Coliform Filter Procedure.........  9222 D
Heterotrophic bacteria \2\............  Pour Plate Method.......................  9215 B
                                        SimPlate \11\...........................
Turbidity.............................  Nephelometric Method....................  2130 B
                                        Nephelometric Method....................  180.1 \9\
                                        Great Lakes Instruments.................  Method 2 \10\
                                        Hach FilterTrak.........................  10133 \12\
----------------------------------------------------------------------------------------------------------------
 The procedures shall be done in accordance with the documents listed below. The incorporation by reference of
  the following documents listed in footnotes 1, 6, 7 and 9-12 was approved by the Director of the Federal
  Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the documents may be obtained from
  the sources listed below. Information regarding obtaining these documents can be obtained from the Safe
  Drinking Water Hotline at 800-426-4791. Documents may be inspected at EPA's Drinking Water Docket, 1301
  Constitution Avenue, NW., EPA West, Room B102, Washington DC 20460 (Telephone: 202-566-2426); or at the Office
  of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC 20408.
\1\ Except where noted, all methods refer to Standard Methods for the Examination of Water and Wastewater, 18th
  edition (1992), 19th edition (1995), or 20th edition (1998), American Public Health Association, 1015
  Fifteenth Street, NW., Washington, DC 20005. The cited methods published in any of these three editions may be
  used.
\2\ The time from sample collection to initiation of analysis may not exceed 8 hours. Systems must 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
  coliform, 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\ MI agar also may be used. Preparation and use of MI agar is set forth in the article, ``New medium for the
  simultaneous detection of total coliform and Escherichia coli in water'' by Brenner, K.P., et. al., 1993,
  Appl. Environ. Microbiol. 59:3534-3544. Also available from the Office of Water Resource Center (RC-4100T),
  1200 Pennsylvania Avenue, NW., Washington DC 20460, EPA/600/J-99/225. Verification of colonies is not
  required.
\7\ The ONPG-MUG Test is also known as the Autoanalysis Colilert System.
\8\ A-1 Broth may be held up to three months in a tightly closed screw cap tube at 4 deg. C.
\9\ ``Methods for the Determination of Inorganic Substances in Environmental Samples'', EPA/600/R-93/100, August
  1993. Available at NTIS, PB94-121811.
\10\ GLI Method 2, ``Turbidity'', November 2, 1992, Great Lakes Instruments, Inc., 8855 North 55th Street,
  Milwaukee, Wisconsin 53223.
\11\ A description of the SimPlate method, ``IDEXX SimPlate TM HPC Test Method for Heterotrophs in Water'',
  November 2000, can be obtained from IDEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092,
  telephone (800) 321-0207.
\12\ A description of the Hach FilterTrak Method 10133, ``Determination of Turbidity by Laser Nephelometry'',
  January 2000, Revision 2.0, can be obtained from; Hach Co., P.O. Box 389, Loveland, Colorado 80539-0389.
  Phone: 800-227-4224.


[[Page 65902]]

* * * * *
[FR Doc. 02-27133 Filed 10-28-02; 8:45 am]
BILLING CODE 6560-50-P