[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Rules and Regulations]
[Pages 10665-10670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04173]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 141 and 142

[EPA-HQ-OW-2008-0878; FRL-9906-89-OW]


National Primary Drinking Water Regulations: Minor Corrections to 
the Revisions to the Total Coliform Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, the Environmental Protection Agency (EPA) is 
making minor corrections to the final Revisions to the Total Coliform 
Rule (RTCR), as authorized under the Safe Drinking Water Act, to 
correct typographical errors in sections relating to recordkeeping and 
State primacy requirements, which could affect implementation and 
enforcement of the RTCR if they were left uncorrected. This action also 
includes other edits to the final rule language that are intended to 
improve the understanding of the rule and avoid confusion. This action 
does not impose new requirements; rather it clarifies what must be 
included in States' primacy applications related to this rule and the 
specific records water systems must keep.

DATES: This rule is effective on April 28, 2014 without further notice, 
unless EPA receives adverse comment by March 28, 2014. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. The 
incorporation by reference of certain material listed in the rule was 
approved by the Director of the Federal Register as of April 15, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2008-0878, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Water Docket, Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, 
Attention Docket ID No. EPA-HQ-OW-2008-0878.
     Hand Delivery: EPA Docket Center, (EPA/DC) EPA West, Room 
3334, 1301 Constitution Ave. NW., Washington, DC. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2008-
0878. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Water Docket, EPA Docket 
Center, (EPA/DC) EPA West, Room 3334, 1301

[[Page 10666]]

Constitution Ave. NW., Washington, DC. This Docket Facility is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The Docket telephone number is 202-566-2426.

FOR FURTHER INFORMATION CONTACT: Sean Conley, Standards and Risk 
Management Division, Office of Ground Water and Drinking Water (MC-
4607M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: (202) 564-1781; email address: 
[email protected]. For general information, contact the Safe Drinking 
Water Hotline, telephone number: (800) 426-4791. The Safe Drinking 
Water Hotline is open Monday through Friday, excluding legal holidays, 
from 10 a.m. to 4 p.m. Eastern time.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Why is EPA using a direct final rule?

    EPA is publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment; this action only corrects typographical errors and 
makes clarifying edits and does not impose new requirements. However, 
in the ``Proposed Rules'' section of today's Federal Register, we are 
publishing a separate document that will serve as the proposed rule to 
make the corrections and clarifying edits to the RTCR if adverse 
comments are received on this direct final rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so at this time. Comments should be submitted only 
for the corrections being made in this direct final rule, not for other 
aspects of the final RTCR. For further information about commenting on 
this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We would address all public 
comments in any subsequent final rule based on the proposed rule.

B. Regulated Categories and Entities

    Entities potentially regulated by the RTCR as corrected are all 
public water systems (PWSs). Regulated categories and entities include 
the following:

------------------------------------------------------------------------
               Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry.............................  Privately-owned community water
                                        systems (CWSs), transient non-
                                        community water systems
                                        (TNCWSs), and non-transient non-
                                        community water systems
                                        (NTNCWSs).
Federal, State, Tribal, and local      Publicly-owned CWSs, TNCWSs, and
 governments.                           NTNCWSs.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities 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 regulated by this action, you should carefully examine the 
definition of ``public water system'' in Sec.  141.2 and the section 
entitled ``Coverage'' in Sec.  141.3 in title 40 of the Code of Federal 
Regulations (CFR), and the applicability criteria in Sec.  141.851(b) 
of the final RTCR. 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.

C. Copies of This Document and Other Related Information

    This document is available for download at http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation_revisions.cfm. For other 
related information, see preceding discussion on docket.

D. Minor Corrections to the Revisions to the Total Coliform Rule (RTCR)

    A. Today's final rule corrects, as authorized under the Safe 
Drinking Water Act (SDWA), two typographical errors in the final RTCR 
(78 FR 10269, February 13, 2013) rule language. First, this action 
corrects a mistaken cross-reference regarding water system 
recordkeeping requirements for assessment forms and documentation of 
corrective actions and sanitary defects. EPA is correcting the cross-
reference at Sec.  141.861(b)(1) to correctly provide that assessments, 
corrective actions and identification of sanitary defects are required 
under the treatment technique requirements of Sec.  141.859 of the 
final RTCR. The burden for these recordkeeping requirements was 
reflected in the Revised Total Coliform Rule (see Paperwork Reduction 
Act, section II.B of this notice) and in section 7 of the Economic 
Analysis (EA) for the Revised Total Coliform Rule (EPA-815-R-12-004). 
EPA also discussed these requirements in the preamble to the final RTCR 
on page 10295. Second, today's final rule also corrects the 
introductory paragraph at Sec.  142.16(q)(2) to correctly indicate that 
the State's application for primacy must contain a written description 
of all provisions included in the subsections of the paragraph, 
(q)(2)(i) through (q)(2)(ix). It was always EPA's intent that primacy 
applications must contain a written description of all provisions in 
Sec.  142.16(q)(2), but when EPA added subparagraph (q)(2)(ix) to the 
final rule, EPA neglected to change the numbering in the paragraph (2) 
lead-in to the list of elements. EPA intended this to be the case, as 
demonstrated in the preamble to the final RTCR on page 10301. In 
addition, the burden for this State activity was also included in 
section 7 of the EA for the RTCR. EPA is not developing a new EA for 
today's action because the EA for the final RTCR accounts for all costs 
associated with this rule.
    Today's final rule also corrects the numbering in Sec.  141.855(a) 
by adding subparagraph (d)(2) and reserving it, to most simply correct 
a numbering error that identified a subparagraph (d)(1) without a 
subsequent (d)(2). Correcting the numbering in this fashion will not 
interfere with any cross references to this subparagraph.
    Today's rule also includes clarifying revisions to the language 
regarding primacy applications in Sec.  142.16(q)(2)(ii) to make it 
more clear in the special primacy requirements section of the rule that 
systems must implement at least one of listed additional criteria to 
qualify for reduced monitoring. EPA clearly intended this to be the 
case, as reflected in Sec.  141.854(h)(2) for NCWSs and Sec.  
141.855(d) for CWSs, and in the preamble to the final rule at page 
10281 and 10282.
    Next, the final rule clarifies the situations requiring public 
notification in Appendix A to Subpart Q of Part 141 to list out all of 
the possible reporting violations under the RTCR that will require Tier 
3 public notice. EPA clearly intended this to be the case, as reflected 
in item (6) in Table 1 to Sec.  141.204 (Violation Categories and Other 
Situations Requiring a Tier 3 Public

[[Page 10667]]

Notice), which provides that all reporting and recordkeeping violations 
under the RTCR require Tier 3 public notice. Also, page 10294 of the 
preamble to the final RTCR clearly states that Tier 3 PN is required 
for both monitoring and reporting violations under the RTCR.
    Finally, the final rule clarifies the analytical methods table at 
Sec.  141.852(a)(5) to place the citation ``Standard Methods Online 
9223 B-97'' for the Colilert analytical method in the correct column.
    These revisions do not change any rule requirements, are consistent 
with the rule requirements as intended by the Total Coliform Rule/
Distribution System Advisory Committee that recommended the revisions 
to the Total Coliform Rule, and are intended only to clarify 
requirements and reduce confusion.

II. Statutory and Executive Order Review

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
In this action, EPA is making minor corrections to the final RTCR to 
correct typographical errors in sections relating to recordkeeping and 
State primacy requirements and other edits to the final rule language 
that are intended to improve the understanding of the rule and avoid 
confusion. The Office of Management and Budget (OMB) has previously 
approved the information collection requirements contained in the 
existing regulations (40 CFR Parts 141 and 142) under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned 
OMB control number 2040-0205. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    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. 
Small entities are defined as: (1) A small business as defined by the 
Small Business Administration's (SBA) regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or special district with a population of 
less than 50,000; and (3) a small organization that is any ``not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' However, the RFA 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 establish an alternative small 
business definition, agencies must consult with SBA's Chief Counsel for 
Advocacy.
    For purposes of assessing the impacts of the RTCR on small 
entities, EPA considered small entities to be PWSs serving 10,000 or 
fewer people. This is the cut-off level specified by Congress in the 
1996 Amendments to the Safe Drinking Water Act (SDWA) for small system 
flexibility provisions. As required by the RFA, EPA proposed using this 
alternative definition in the FR (63 FR 7620, February 13, 1998), 
requested public comment, consulted with the SBA, and finalized the 
alternative definition in the agency's Consumer Confidence Report 
regulation (63 FR 44524, August 19, 1998). As stated in that Final 
Rule, the alternative definition would be applied for all future 
drinking water regulations.
    After considering the economic impacts of the minor corrections to 
the RTCR on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
The costs for recordkeeping and State primacy requirements were 
accounted for and detailed in the RTCR EA and summarized in the 
preamble of the final RTCR. A copy of the final RTCR and the RTCR EA 
can be found at http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation_revisions.cfm.

D. Unfunded Mandates Reform Act (UMRA)

    This rule does not contain a Federal mandate under the provisions 
of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 
U.S.C. 1531-1538. This rule makes minor editorial corrections and 
clarifying edits to the final RTCR. Therefore, this rule is not subject 
to the requirements of sections 202 and 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it makes only minor corrections and clarifying edits that 
will not significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action 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. Today's action makes minor 
corrections to the final RTCR to correct typographical errors in 
sections relating to recordkeeping and State primacy requirements and 
other edits to the final rule language that are intended to improve the 
understanding of the rule and avoid confusion. The recordkeeping and 
primacy requirements as corrected by today's action were included in 
the cost calculations that were described in the preamble to the final 
RTCR and used to determine that Executive Order 13132 does not apply to 
the final RTCR.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This rule makes 
minor corrections to the final RTCR that will not have tribal 
implications. Thus, Executive Order 13175 does not apply to this 
action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the EO has the potential to influence the regulation. This action is 
not subject to EO 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

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

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001) because it is not a significant

[[Page 10668]]

regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(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. NTTAA directs EPA to provide 
Congress, through OMB, explanations when EPA decides not to use 
available and applicable voluntary consensus standards.
    This final rule makes only minor corrections and edits that do not 
involve technical standards. Therefore, EPA is not considering the use 
of any voluntary consensus standards.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission. 
Agencies must do this by identifying and addressing, as appropriate, 
any disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States.
    EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This rule makes minor corrections and edits to the final 
RTCR that will not have disproportionately high and adverse human 
health or environmental effects on any population, including any 
minority or low-income population.

K. Consultations With the Science Advisory Board, National Drinking 
Water Advisory Council, and the Secretary of Health and Human Services

    In accordance with section 1412(d) and (e) of SDWA, EPA consulted 
with the Science Advisory Board (SAB), National Drinking Water Advisory 
Council (NDWAC), and the Secretary of the U.S. Department of Health and 
Human Services on the final RTCR. Because today's action is making only 
minor corrections to the final RTCR to correct typographical errors and 
other edits to the final rule language that are intended to improve the 
understanding of the rule and avoid confusion, EPA did not consult with 
the SAB, NDWAC or the Secretary on today's action.

L. Considerations of Impacts on Sensitive Subpopulations as Required by 
Section 1412(b)(3)(C)(i)(V) of the 1996 Amendments of SDWA

    As required by Section 1412(b)(3)(C)(i)(V) of SDWA, EPA sought 
public comment regarding the effects of contamination associated with 
the proposed RTCR on the general population and sensitive 
subpopulations. Sensitive subpopulations include ``infants, children, 
pregnant women, the elderly, individuals with a history of serious 
illness, or other subpopulations that are identified as likely to be at 
greater risk of adverse health effects due to exposure to contaminants 
in drinking water than the general population'' (SDWA section 
1412(b)(3)(C)(i)(V), 42 U.S.C. 300g-1(b)(3)(C)(i)(V)). As indicated in 
the preamble to the final RTCR, EPA anticipates that the requirements 
of the final RTCR will help reduce pathways of entry for fecal 
contamination and/or waterborne pathogens into the distribution system, 
thereby reducing exposure and risk from these contaminants in drinking 
water to the entire general population.
    Today's final rule is making only minor corrections to the final 
RTCR to correct typographical errors and other edits to the final rule 
language that are intended to improve the understanding of RTCR and 
avoid confusion and does not alter the conclusion that the final RTCR 
seeks to provide a similar level of drinking water protection to all 
groups including sensitive subpopulations.

M. Effect of Compliance With the Minor Corrections to the RTCR on the 
Technical, Financial, and Managerial Capacity of Public Water Systems

    Section 1420(d)(3) of SDWA, as amended, requires that, in 
promulgating an NPDWR, the Administrator shall include an analysis of 
the likely effect of compliance with the regulation on the technical, 
managerial and financial (TMF) capacity of PWSs. EPA completed an 
analysis of the impact of complying with the requirements of the RTCR 
on the TMF capacity of PWSs and a detailed discussion of EPA's analysis 
was presented in chapter 8.14 of the RTCR EA. The PWS recordkeeping 
requirements as corrected by today's rule were included in the analysis 
of the TMF capacity for the final RTCR and therefore no changes to that 
analysis are needed to accompany this action.

N. 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, 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 (U.S.). 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 U.S. 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 April 28, 2014.

List of Subjects

40 CFR Part 141

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

40 CFR Part 142

    Environmental protection, Administrative practice and procedure, 
Chemicals, Indian-lands, Radiation protection, Reporting and 
recordkeeping requirements, Water supply.


    Dated: February 10, 2014.
Gina McCarthy,
Administrator.

    For the reasons set forth in the preamble, Title 40 chapter 1 of 
the Code of Federal Regulations is amended as follows:

PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS

0
1. The authority citation for part 141 continues to read as follows:


[[Page 10669]]


     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.


0
2. Appendix A to Subpart Q of Part 141 is amended by revising entries 
I.A.1 and I.A.2 to read as follows:

Appendix A to Subpart Q of Part 141--NPDWR Violations and Other 
Situations Requiring Public Notice \1\

 
----------------------------------------------------------------------------------------------------------------
                                        MCL/MRDL/TT violations \2\            Monitoring, testing & reporting
                                 ----------------------------------------          procedure violations
                                                                         ---------------------------------------
           Contaminant            Tier of public                          Tier of public
                                      notice             Citation             notice             Citation
                                     required                                required
----------------------------------------------------------------------------------------------------------------
                    I. Violations of National Primary Drinking Water Regulations (NPDWR): \3\
----------------------------------------------------------------------------------------------------------------
A. Microbiological Contaminants
    1.a Total coliform bacteria                2  141.63(a).............               3  141.21(a)-(e).
     [dagger].
    1.b Total coliform (TT                     2  141.860(b)(1).........               3  141.860(c)(1).
     violations resulting from
     failure to perform
     assessments or corrective
     actions, monitoring
     violations, and reporting
     violations) [Dagger].
                                  ..............  ......................  ..............  141.860(d)(1).
    1.c Seasonal system failure                2  141.860(b)(2).........               3  141.860(d)(3).
     to follow State-approved
     start-up plan prior to
     serving water to the public
     or failure to provide
     certification to State
     [Dagger].
    2.a Fecal coliform/E. coli                 1  141.63(b).............         \4\ 1,3  141.21(e)
     [dagger].
    2.b E. coli (MCL,                          1  141.860 (a)...........               3  141.860(c)(2)
     monitoring, and reporting
     violations) [Dagger].
                                  ..............  ......................  ..............  141.860(d)(1).
                                  ..............  ......................  ..............  141.860(d)(2).
    2.c E. coli (TT violations                 2  141.860(b)(1).........  ..............  ......................
     resulting from failure to
     perform level 2 Assessments
     or corrective action)
     [Dagger].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Appendix A--Endnotes

    [dagger] Until March 31, 2016.
    [Dagger] Beginning April 1, 2016.
    1. Violations and other situations not listed in this table 
(e.g., failure to prepare Consumer Confidence Reports), do not 
require notice, unless otherwise determined by the primacy agency. 
Primacy agencies may, at their option, also require a more stringent 
public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead 
of Tier 3) for specific violations and situations listed in this 
Appendix, as authorized under Sec. Sec.  141.202(a) and 141.203(a).
    2. MCL--Maximum contaminant level, MRDL--Maximum residual 
disinfectant level, TT--Treatment technique.
    3. The term Violations of National Primary Drinking Water 
Regulations (NPDWR) is used here to include violations of MCL, MRDL, 
treatment technique, monitoring, and testing procedure requirements.
    4. Failure to test for fecal coliform or E. coli is a Tier 1 
violation if testing is not done after any repeat sample tests 
positive for coliform. All other total coliform monitoring and 
testing procedure violations are Tier 3.
* * * * *

0
3. Section 141.852 is amended by revising the entry for ``Total 
Coliforms'' in the table in paragraph (a)(5) to read as follows:


Sec.  141.852  Analytical methods and laboratory certification.

    (a) * * *
    (5) * * *

 
----------------------------------------------------------------------------------------------------------------
         Organism
--------------------------   Methodology category              Method \1\                   Citation \1\
     Total coliforms
----------------------------------------------------------------------------------------------------------------
                           Lactose Fermentation      Standard Total Coliform        Standard Methods 9221 B.1,
                            Methods.                  Fermentation Technique.        B.2 (20th ed.; 21st ed.).2
                                                                                     3
                           ........................  .............................  Standard Methods Online 9221
                                                                                     B.1, B.2-99.2 3
                           ........................  Presence-Absence (P-A)         Standard Methods 9221 D.1,
                                                      Coliform Test.                 D.2 (20th ed.; 21st ed.).2
                                                                                     7
                           ........................  .............................  Standard Methods Online 9221
                                                                                     D.1, D.2-99.2 7
                          --------------------------------------------------------------------------------------
                           Membrane Filtration       Standard Total Coliform        Standard Methods 9222 B, C
                            Methods.                  Membrane Filter Procedure.     (20th ed.; 21st ed.).2 4
                           ........................  .............................  Standard Methods Online 9222
                                                                                     B-97 2 4, 9222 C-97.2 4
                           ........................  Membrane Filtration using MI   EPA Method 1604.\2\
                                                      medium.
                           ........................  m-ColiBlue24[supreg] Test 2 4  ............................
                           ........................  Chromocult 2 4...............  ............................
                          --------------------------------------------------------------------------------------
                           Enzyme Substrate Methods  Colilert[supreg].............  Standard Methods 9223 B
                                                                                     (20th ed.; 21st ed.).2 5
                           ........................  .............................  Standard Methods Online 9223
                                                                                     B-97.2 5
                           ........................  Colisure[supreg].............  Standard Methods 9223 B
                                                                                     (20th ed.; 21st ed.).2 5 6
                           ........................  .............................  Standard Methods Online 9223
                                                                                     B-97.2 5 6

[[Page 10670]]

 
                           ........................  E*Colite[supreg] Test \2\....  ............................
                           ........................  Readycult[supreg] Test \2\...  ............................
                           ........................  modified Colitag[supreg] Test  ............................
                                                      \2\.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ The procedures must be done in accordance with the documents listed in paragraph (c) of this section. For
  Standard Methods, either editions, 20th (1998) or 21st (2005), may be used. For the Standard Methods Online,
  the year in which each method was approved by the Standard Methods Committee is designated by the last two
  digits following the hyphen in the method number. The methods listed are the only online versions that may be
  used. For vendor methods, the date of the method listed in paragraph (c) of this section is the date/version
  of the approved method. The methods listed are the only versions that may be used for compliance with this
  rule. Laboratories should be careful to use only the approved versions of the methods, as product package
  inserts may not be the same as the approved versions of the methods.
\2\ Incorporated by reference. See paragraph (c) of this section.
\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 lactose broth and lauryl tryptose broth using the water normally
  tested, and if the findings from this comparison demonstrate that the false-positive rate and false-negative
  rate for total coliforms, using lactose broth, is less than 10 percent.
\4\ All filtration series must begin with membrane filtration equipment that has been sterilized by autoclaving.
  Exposure of filtration equipment to UV light is not adequate to ensure sterilization. Subsequent to the
  initial autoclaving, exposure of the filtration equipment to UV light may be used to sanitize the funnels
  between filtrations within a filtration series. Alternatively, membrane filtration equipment that is pre-
  sterilized by the manufacturer (i.e., disposable funnel units) may be used.
\5\ Multiple-tube and multi-well enumerative formats for this method are approved for use in presence-absence
  determination under this regulation.
\6\ Colisure[supreg] results may be read after an incubation time of 24 hours.
\7\ A multiple tube enumerative format, as described in Standard Methods for the Examination of Water and
  Wastewater 9221, is approved for this method for use in presence-absence determination under this regulation.

* * * * *


Sec.  141.855  [Amended]

0
4. Section 141.855 is amended by adding a reserved paragraph (d)(2).


Sec.  141.861  [Amended]

0
5. In Sec.  141.861, paragraph (b)(1) is amended by removing ``Sec.  
141.858'' and adding in its place ``Sec.  141.859''.

PART 142--NATIONAL PRIMARY DRINKING WATER REGULATIONS

0
6. The authority citation for part 142 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.


0
7. Section 142.16 is amended by revising paragraphs (q)(2) introductory 
text and (q)(2)(ii) to read as follows:


Sec.  142.16  Special primacy requirements.

* * * * *
    (q) * * *
    (2) The State's application for primacy for subpart Y must include 
a written description for each provision included in paragraphs 
(q)(2)(i) through (ix) of this section.
* * * * *
    (ii) Reduced Monitoring Criteria--An indication of whether the 
State will adopt the reduced monitoring provisions of 40 CFR part 141, 
subpart Y. If the State adopts the reduced monitoring provisions, it 
must describe the specific types or categories of water systems that 
will be covered by reduced monitoring and whether the State will use 
all or a reduced set of the criteria specified in Sec. Sec.  
141.854(h)(2) and 141.855(d)(1)(iii) of this chapter. For each of the 
reduced monitoring criteria, the State must describe how the criterion 
will be evaluated to determine when systems qualify.
* * * * *
[FR Doc. 2014-04173 Filed 2-25-14; 8:45 am]
BILLING CODE 6560-50-P