
[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Proposed Rules]               
[Page 67456-67463]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no08-44]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 141 and 143

[EPA-HQ-OW-2008-0644; FRL-8740-5]
RIN 2040-AF00

 
National Primary Drinking Water Regulations: Minor Correction to 
Stage 2 Disinfectants and Disinfection Byproducts Rule and Changes in 
References to Analytical Methods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In this action, EPA is proposing to make a minor correction to 
the Stage 2 Disinfectants and Disinfection Byproducts Rule (DBPR) and 
make minor, unrelated, changes in references to expedited, alternative 
methods and other analytical methods in the regulations. EPA 
promulgated the Stage 2 Disinfectants and Disinfectant Byproducts Rule 
on January 4, 2006. A requirement for ground water systems serving 500-
9,999 people was unintentionally excluded from the final rule. As a 
result, the rule allowed for less routine compliance monitoring than 
intended for this category of Public Water Systems (PWSs). These PWSs 
should have been required to monitor for both total trihalomethanes 
(TTHM) and haloacetic acids (HAA5) concentrations at two locations. Due 
to the error, they were only required to monitor for either TTHM or 
HAA5 at two locations. EPA is also proposing to make minor, unrelated 
changes in the CFR by adding references to the list of methods approved 
under the Expedited Approval Process, removing references to outdated 
methods, and specifying a new source for the publication titled 
Technical Notes on Drinking Water Methods.

DATES: Comments must be received on or before January 13, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2008-0644, by one of the following methods:

[[Page 67457]]

     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.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
Headquarters, West Building, Room 3334, 1301 Constitution Avenue, 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-
0644. 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 e-mail. 
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 e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail 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. For additional 
instructions on submitting comments, go to Unit I.B of the 
SUPPLEMENTARY INFORMATION section of this document.
    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/DC, EPA 
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Water 
Docket is (202) 566-2426.

FOR FURTHER INFORMATION CONTACT: For information concerning the Stage 2 
DBPR minor correction contact Thomas Grubbs, Standards and Risk 
Management Division, Office of Ground Water and Drinking Water, M/C 
4607M, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460; telephone number (202) 564-5262; e-mail address 
grubbs.thomas@epa.gov. For information concerning the methods reference 
update in the CFR contact Patricia Fair, Standards and Risk Management 
Division, Technical Support Center, Office of Ground Water and Drinking 
Water, M/C 140, 26 West Martin Luther King Drive, Cincinnati, Ohio 
45268; telephone number (513) 569-7937; e-mail address 
fair.pat@epa.gov. 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. Does This Action Apply to Me?

    Entities potentially regulated by this regulation are public water 
systems (PWSs). A public water system, as defined by section 1401 of 
the Safe Drinking Water Act (SDWA), is ``a system for the provision to 
the public of water for human consumption through pipes or other 
constructed conveyances, if such system has at least fifteen service 
connections or regularly serves at least twenty-five individuals.'' EPA 
defines ``regularly served'' as receiving water from the system 60 or 
more days per year. Categories and entities potentially regulated by 
this action include the following:

------------------------------------------------------------------------
                                   Examples of potentially regulated
           Category                             entities
------------------------------------------------------------------------
State, Tribal and Local        State, Tribal or local government-owned/
 Government.                    operated water supply systems using
                                ground water, surface water or mixed
                                ground water and surface water.
Federal Government...........  Federally owned/operated community water
                                supply systems using ground water,
                                surface water or mixed ground water and
                                surface water.
Industry.....................  Privately owned/operated community water
                                supply systems using ground water,
                                surface water or mixed ground water and
                                surface water.
------------------------------------------------------------------------

    This table is not intended to be an exhaustive list, 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 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, the 
section entitled ``Coverage'' (Sec.  141.3), and the sections entitled 
``General requirements'' (Sec. Sec.  141.600 and 141.620) in Title 40 
of the Code of Federal Regulations and applicable criteria in 
Sec. Sec.  141.605, and 141.621 of today's proposal. 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. What Comments Will Be Considered?

    The public is invited to submit comments on the proposed changes to 
the regulations discussed in this notice, namely, the minor correction 
to the Stage 2 DBPR, the addition of cross references (to expedited 
methods) to Appendix A to subpart C of part 141 in the CFR, and the 
specific deletion of references to outdated methods in the CFR. EPA 
does not solicit and will not respond in this rulemaking to any 
comments on any other issues. In

[[Page 67458]]

particular, comments will not be responded to regarding the Stage 2 
DBPR itself, the expedited method approval process, specific methods 
approved in the expedited process, or the outdated methods or any 
specific regulations regarding the outdated methods.

C. Proposed Minor Correction to the Stage 2 Disinfection and 
Disinfectant Byproduct Rule (DBPR)

    Today's proposal corrects the monitoring frequency for one category 
of public water systems (community water systems (CWSs) and 
nontransient noncommunity (NTNCWSs) serving 500-9,999 people) to 
correct an error introduced when the tables were modified prior to 
publication of the final rule. EPA had modified the tables (in 40 CFR 
141.605 and 141.621) in order to move all footnotes into the column 
headers and out of the individual cells. In combining and rewriting the 
footnote, EPA inadvertently modified the monitoring requirements for 
ground water systems serving 500-9,999 people. As discussed in the 
preamble to the final rule (page 429, USEPA 2006), ``EPA also believes 
that more samples are necessary to characterize larger systems (as 
defined by population) than for smaller systems.'' EPA intended for 
those systems to monitor at a frequency that was twice the frequency 
required for ground water systems serving fewer than 500 people, taking 
two dual sample sets (each consisting of TTHM and HAA5 samples) rather 
than single TTHM and HAA5 samples. However, the footnotes to the 
monitoring tables in the preamble as well as the regulatory language 
are incorrect as they do not reflect EPA's intended monitoring 
requirement for these ground water systems (page 427, USEPA 2006). EPA 
is proposing to correct the regulatory footnotes. The monitoring for 
these small systems is not required to begin until the year 2012 or 
2013 (page 415, USEPA 2006).
    In the Stage 2 DBPR Economic Analysis (USEPA, 2005a) and in the 
Information Correction Rule Supporting Statement (Page 52, USEPA 
2005b), EPA based the estimate of burden for these systems using the 
intended monitoring frequency. Population-based monitoring is discussed 
at length in the final Stage 2 DBPR (page 429, USEPA, 2006a) and the 
additional costs for monitoring by ground water systems serving 500-
9,999 people are included (page 456, USEPA, 2006a). EPA is not 
developing a new economic analysis for this proposal because the 
existing economic analysis accounts for all costs associated with this 
proposal.

D. Changes Related to Analytical Methods

1. Cross-References to Appendix A to Subpart C of Part 141
    When EPA determines that an alternative analytical method is 
``equally effective'' (i.e., as effective as a method that has already 
been promulgated in the regulations), the Safe Drinking Water Act 
(SDWA) allows EPA to approve the use of the alternative method through 
publication in the Federal Register. Section 1401(1) of SDWA states 
that the newly approved methods ``shall be treated as an alternative 
for public water systems to the quality control and testing procedures 
listed in the regulation.'' EPA approved the first set of alternative 
methods using this authority in a Federal Register action published on 
June 3, 2008 (73 FR 31616) (USEPA 2008). As part of that action, EPA 
added an appendix (Appendix A) to the regulations at 40 CFR Part 141, 
which lists the newly approved methods.
    The current Part 141 drinking water regulations do not indicate 
that additional approved methods are available and are listed in an 
appendix. Therefore, EPA is proposing to amend the regulations at each 
section that lists approved analytical methods to add cross references 
to Appendix A to subpart C of part 141. This will make public water 
systems, laboratories, and States more aware of the alternative 
methods. References to the appendix are proposed to be added at the 
following places:

--Section 141.21(f)(3) and (f)(6)
--Section 141.23(k)(1)
--Section 141.24(e)
--Section 141.25(a)
--Section 141.74(a)(1) and (a)(2)
--Section 141.131(b)(1), (c)(1), and (d)
--Section 141.402(c)(2)
--Section 141.704(a) and (b)
--Section 143.4(b)
2. Removal of Methods That Are No Longer Approved
    When the arsenic maximum contaminant level (MCL) was revised to 
0.010 mg/L, some of the analytical methods that were previously 
approved for analyzing samples for arsenic were no longer sensitive 
enough to determine compliance. EPA added footnote 15 to the table at 
40 CFR 141.23(k)(1) to indicate that use of these methods would not be 
allowed after January 23, 2006. EPA is now proposing to update the 
listing of approved arsenic methods to remove methods that are no 
longer allowed (EPA 200.7, SM 3120 B and SM 3120 B-99). EPA is also 
proposing to revise footnotes 13 and 14 to the table to paragraph 
(k)(1) to remove references to methods that are no longer approved to 
determine arsenic. EPA also proposes that Footnote 15 be removed and 
the number reserved for future use.
    Paragraph (e)(2) of 40 CFR 141.24 lists methods that were approved 
for use until June 1, 2001. Since these methods are no longer approved, 
EPA proposes to remove the paragraph. EPA is also proposing to remove 
footnote 1 to the table at 40 CFR 141.24(e)(1) because it refers to 40 
CFR 141.24(e)(2). Footnote 1 would be reserved for future use. The 
header to the table would be revised to remove the reference to 
footnote 1.
3. Source for Obtaining Copies of Technical Notes on Drinking Water 
Methods, EPA-600/R-94-173, October 1994
    This document is now available at no cost from the National Service 
Center for Environmental Publications (NSCEP), P.O. Box 42419, 
Cincinnati, OH 45242-0419 or http://www.epa.gov/nscep/. EPA is 
proposing to update the following regulations to reflect this new 
information:

--Section 141.23(k)(1)
--Section 141.74(a)(1)
--Section 143.4(b)

II. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and 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

    This action does not impose any new information collection burden. 
In this action, EPA is proposing to make a minor correction to the 
Stage 2 DBPR, add references in the Code of Federal Regulations (CFR) 
to the list of methods approved under the Expedited Approval Process, 
remove references to outdated methods in the CFR and specify a new 
source for the publication titled Technical Notes on Drinking Water 
Methods. However, the Office of Management and Budget (OMB) has 
previously approved the information collection requirements contained 
in the Stage 2 DBPR existing regulations at 40 CFR 141 under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number (number 2040-0265). The OMB control 
numbers for EPA's

[[Page 67459]]

regulations in 40 CFR are listed in 40 CFR part 9. There is no burden 
associated with regard to the minor, editorial changes in references to 
analytical methods in the CFR. This action does not impose any new 
information collection burden under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq.

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. 
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 today's rule on small 
entities, EPA considered small entities to be public water systems 
(PWS) serving 10,000 or fewer persons. As required by the RFA, EPA 
proposed using this alternative definition in the Federal Register (63 
FR 7620, February 13, 1998), requested public comment, consulted with 
the Small Business Administration (SBA), and finalized the alternative 
definition 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 proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed correction does not impose any new costs or burdens on PWSs. 
The ground water system monitoring costs were accounted for and 
detailed in the Stage 2 DBPR Economic Analysis and summarized in the 
preamble of the Stage 2 DBPR (USEPA, 2006a). A copy of Stage 2 DBPR and 
the final rule's Economic Analysis can be found in the Docket for this 
proposed rule.
    We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. This rule proposes a minor correction to the Stage 2 DBPR and 
minor, editorial changes in references to analytical methods in the 
Code of Federal Regulations. Therefore, this proposed rule is not 
subject to the requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. As previously 
stated, this rule proposes a minor correction to the Stage 2 
Disinfectants and Disinfection Byproducts Rule (DBPR) and minor, 
editorial changes in references to analytical methods in the Code of 
Federal Regulations; actions that will not significantly or uniquely 
affect small governments.

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 proposed 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. This rule proposes a minor 
correction to the Stage 2 DBPR and minor, editorial changes in 
references to analytical methods in the Code of Federal Regulations. 
The Stage 2 DBPR (USEPA 2006) states that the final rule will not have 
federalism implications and, with regard to the minor, editorial 
changes to references of analytical methods in the Code of Federal 
Regulations, those changes when finalized will not impose 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. 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 solicits comment on this proposed rule 
from State and local officials.

F. Executive Order 13175

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This rule 
proposes a minor correction to the Stage 2 DBPR and minor, editorial 
changes in references to analytical methods in the Code of Federal 
Regulations, actions that will not have tribal implications. Thus, 
Executive Order 13175 does not apply to this action.
    EPA specifically solicits additional comment on this proposed 
action from tribal officials.

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

    EPA interprets EO 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 Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 18355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

[[Page 67460]]

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. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rulemaking does not propose 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 (EO) 12898 (59 FR 7629 (Feb. 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 
by identifying and addressing, as appropriate, 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 proposed rule 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 proposes a minor correction to the Stage 2 DBPR 
and minor, editorial changes in references to analytical methods in the 
Code of Federal Regulations. These proposed actions will not have a 
disproportionately high and adverse human health or environmental 
effects on any population, including any minority or low-income 
population.

References

USEPA. 2005a. Economic Analysis for the Final Stage 2 Disinfectants 
and Disinfection Byproducts Rule. Washington, DC. EPA 815-R-05-010.
USEPA. 2005b. Information Collection Request for National Primary 
Drinking Water Regulations: Final Stage 2 Disinfectants and 
Disinfection Byproducts Rule. Washington, DC. EPA 815-Z-05-002.
USEPA. 2006. National Primary Drinking Water Regulations: Stage 2 
Disinfectants and Disinfection Byproducts Rule. EPA 815-Z-06-002. 71 
FR 4644. January 4, 2006.
USEPA. 2008. Expedited Approval of Alternative Test Procedures for 
the Analysis of Contaminants Under the Safe Drinking Water Act; 
Analysis and Sampling Procedures. 73 FR 17902. June 3, 2008.

List of Subjects

 40 CFR Part 141

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

40 CFR Part 143

    Chemicals, Indians--lands, Water-supply.

    Dated: November 6, 2008.
Stephen L. Johnson,
Administrator.

    For the reasons set forth in the preamble, Title 40 chapter I of 
the Code of Federal Regulations is proposed to be 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 by revising the introductory text 
preceding the table in paragraph (f)(3) and paragraph (f)(6) to read as 
follows:


Sec.  141.21  Coliform sampling.

* * * * *
    (f) * * *
    (3) Public water systems must conduct total coliform analyses in 
accordance with one of the analytical methods in the following table or 
one of the alternative methods listed in Appendix A to subpart C of 
this part.
* * * * *
    (6) Public water systems must conduct analysis of Escherichia coli 
in accordance with one of the following analytical methods or one of 
the alternative methods listed in Appendix A to subpart C of this part.
* * * * *
    3. Section 141.23 is amended as follows by:
    a. Revising the text preceding the table in paragraph (k)(1);
    b. Revising entry 3 in the table to paragraph (k)(1);
    c. Revising footnotes 13 and 14 to the table to paragraph (k)(1); 
and
    d. Removing and reserving footnote 15 to the table to paragraph 
(k)(1).


Sec.  141.23  Inorganic chemical sampling and analytical requirements.

    (k) * * *
    (1) Analysis for the following contaminants shall be conducted in 
accordance with the methods in the following table, or the alternative 
methods listed in Appendix A to subpart C of part 141, or their 
equivalent as determined by EPA. Criteria for analyzing arsenic, 
barium, beryllium, cadmium, calcium, chromium, copper, lead, nickel, 
selenium, sodium, and thallium with digestion or directly without 
digestion, and other analytical test procedures are contained in 
Technical Notes on Drinking Water Methods, EPA-600/R-94-173, October 
1994. This document is available from the National Service Center for 
Environmental Publications (NSCEP), P.O. Box 42419, Cincinnati, OH 
45242-0419 or http://www.epa.gov/nscep/.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    SM \4\ (18th,     SM \4\ (20th
         Contaminant              Methodology \13\       EPA         ASTM \3\         19th ed.)           ed.)         SM Online \22\         Other
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
3. Arsenic \14\..............  ICP-Mass Spectrometry  \2\ 200.8
                               Atomic Absorption;     \2\ 200.9
                                Platform.
                               Atomic Absorption;     .........  D2972-97, 03 C.  3113 B..........  3113 B-99.......
                                Furnace.
                               Hydride Atomic         .........  D1972-97, 03 B.  3114 B..........  3114 B-97.......
                                Absorption.

[[Page 67461]]



                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
\2\ ``Methods for the Determination of Metals in Environmental Samples--Supplement I,'' EPA/600/R-94/111, May 1994. Available at NTIS, PB95-125472.
\3\ Annual Book of ASTM Standards, 1994, 1996, 1999, or 2003, Vols. 11.01 and 11.02, ASTM International; any year containing the cited version of the
  method may be used. The previous version 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 3111 B, 3111 D, 3113 B and 3114 B in the 20th edition may not be used.
* * * * * * *
\13\ Because MDLs reported in EPA Methods 200.7 and 200.9 were determined using a 2xpreconcentration 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 by Method 200.7, 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.
\14\ If ultrasonic nebulization is used in the determination of arsenic by Method 200.8, the arsenic must be in the pentavalent state to provide uniform
  signal response. For direct analysis of arsenic with Method 200.8 using ultrasonic nebulization, samples and standards must contain 1 mg/L of sodium
  hypochlorite.
\15\ [Reserved].
* * * * * * *
\22\ Standard Methods Online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard Methods
  Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be used.

* * * * *
    4. Section 141.24 is amended by:
    a. Revising paragraph (e) introductory text;
    b. Removing and reserving footnote 1 to the table to paragraph 
(e)(1); and
    c. Removing and reserving paragraph (e)(2).


Sec.  141.24  Organic chemicals, sampling and analytical requirements.

* * * * *
    (e) Analyses for the contaminants in this section shall be 
conducted using the methods listed in the following table, or the 
alternative methods listed in Appendix A to subpart C of this part, or 
their equivalent as determined by EPA.
    (1) * * *

----------------------------------------------------------------------------------------------------------------
           Contaminant                EPA method       Standard methods          ASTM                Other
----------------------------------------------------------------------------------------------------------------

                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ [Reserved].

* * * * *
    5. Section 141.25 is amended by revising the introductory text 
preceding the table to read as follows:


Sec.  141.25  Analytical methods for radioactivity.

    (a) Analysis for the following contaminants shall be conducted to 
determine compliance with Sec.  141.66 (radioactivity) in accordance 
with the methods in the following table, or the alternative methods 
listed in Appendix A to subpart C this part, or their equivalent 
determined by EPA in accordance with Sec.  141.27.
* * * * *


Sec.  141.74  [Amended]

    6. Section 141.74 is amended by revising the introductory text 
preceding the tables in paragraphs (a)(1) and (a)(2) to read as 
follows:


Sec.  141.74  Analytical and monitoring requirements.

    (a) * * *
    (1) Public water systems must conduct analysis of pH and 
temperature in accordance with one of the methods listed at Sec.  
141.23(k)(1). Public water systems must conduct analysis of total 
coliforms, fecal coliforms, heterotrophic bacteria, and turbidity in 
accordance with one of the following analytical methods or one of the 
alternative methods listed in Appendix A to subpart C of this part and 
by using analytical test procedures contained in Technical Notes on 
Drinking Water Methods, EPA-600/R-94-173, October 1994. This document 
is available from the National Service Center for Environmental 
Publications (NSCEP), P.O. Box 42419, Cincinnati, OH 45242-0419 or 
http://www.epa.gov/nscep/.
* * * * *
    (2) Public water systems must measure residual disinfectant 
concentrations with one of the analytical methods in the following 
table or one of the alternative methods listed in Appendix A to subpart 
C of this part. If approved by the State, residual disinfectant 
concentrations for free chlorine and combined chlorine also may be 
measured by using DPD colorimetric test kits. In addition States

[[Page 67462]]

may approve the use of the ITS free chlorine test strip for the 
determination of free chlorine. Use of the test strips is described in 
Method D99-003, ``Free Chlorine Species (HOCl- and 
OCl-) by Test Strip,'' Revision 3.0, November 21, 2003, 
available from Industrial Test Systems, Inc., 1875 Langston St., Rock 
Hill, SC 29730. Free and total chlorine residuals may be measured 
continuously by adapting a specified chlorine residual method for use 
with a continuous monitoring instrument provided the chemistry, 
accuracy, and precision remain the same. Instruments used for 
continuous monitoring must be calibrated with a grab sample measurement 
at least every five days, or with a protocol approved by the State.
* * * * *
    7. Section 141.131 is amended by revising the introductory text 
preceding the tables in paragraphs (b)(1), (c)(1), and paragraph (d) 
introductory text to read as follows:


Sec.  141.131  Analytical requirements.

    (a) * * *
    (b) Disinfection byproducts. (1) Systems must measure disinfection 
byproducts by the methods (as modified by the footnotes) listed in the 
following table or one of the alternative methods listed in Appendix A 
to subpart C of this part:
* * * * *
    (c) Disinfectant residuals. (1) Systems must measure residual 
disinfectant concentration for free chlorine, combined chlorine 
(chloramines), and chlorine dioxide by the methods listed in the 
following table or one of the alternative methods listed in Appendix A 
to subpart C of this part:
* * * * *
    (d) Additional analytical methods. Systems required to analyze 
parameters not included in paragraphs (b) and (c) of this section must 
use the following methods or one of the alternative methods listed in 
Appendix A to subpart C of this part. A party approved by EPA or the 
State must measure these parameters.
* * * * *
    8. Section 141.402 is amended by revising paragraph (c)(2) 
introductory text preceding the table to read as follows:


Sec.  141.402  Ground water source microbial monitoring and analytical 
methods.

* * * * *
    (c) * * *
    (2) A ground water system must analyze all ground water source 
samples collected under paragraph (a) of this section using one of the 
analytical methods listed in the following table in paragraph (c)(2) of 
this section or one of the alternative methods listed in Appendix A to 
subpart C of this part for the presence of E. coli, enterococci, or 
coliphage:
* * * * *
    9. Section 141.605 is amended by revising footnote 2 to the table 
in paragraph (b) to read as follows:


Sec.  141.605  Subpart V compliance monitoring location 
recommendations.

* * * * *
    (b) * * *
    2 Systems on quarterly monitoring must take dual sample 
sets every 90 days at each monitoring location, except for subpart H 
systems serving 500-3,300. Ground water systems serving 500-9,999 on 
annual monitoring must take dual sample sets at each monitoring 
location. All other systems on annual monitoring and subpart H systems 
serving 500-3,300 are required to take individual TTHM and HAA5 samples 
(instead of a dual sample set) at the locations with the highest TTHM 
and HAA5 concentrations, respectively. For systems serving fewer than 
500 people, only one location with a dual sample set per monitoring 
period is needed if the highest TTHM and HAA5 concentrations occur at 
the same location, and month.
* * * * *
    10. Section 141.621 is amended by revising footnote 2. to the table 
in paragraph (a)(2) to read as follows:


Sec.  141.621  Routine monitoring.

    (a) * * *
    (2) * * *
    \2\ Systems on quarterly monitoring must take dual sample sets 
every 90 days at each monitoring location, except for subpart H systems 
serving 500-3,300. Ground water systems serving 500-9,999 on annual 
monitoring must take dual sample sets at each monitoring location. All 
other systems on annual monitoring and subpart H systems serving 500-
3,300 are required to take individual TTHM and HAA5 samples (instead of 
a dual sample set) at the locations with the highest TTHM and HAA5 
concentrations, respectively. For systems serving fewer than 500 
people, only one location with a dual sample set per monitoring period 
is needed if the highest TTHM and HAA5 concentrations occur at the same 
location, and month.
* * * * *
    11. Section 141.704 is amended by revising paragraphs (a) 
introductory text and (b) introductory text to read as follows:


Sec.  141.704  Analytic methods.

    (a) Cryptosporidium. Systems must analyze for Cryptosporidium using 
Method 1623: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, 
2005, United States Environmental Protection Agency, EPA-815-R-05-002 
or Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 2005, 
United States Environmental Protection Agency, EPA-815-R-05-001, which 
are incorporated by reference, or alternative methods listed in 
Appendix A to Subpart C of this part. The Director of the Federal 
Register approves this incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of these methods 
online from http://www.epa.gov/safewater/disinfection/lt2 or from the 
United States Environmental Protection Agency, Office of Ground Water 
and Drinking Water, 1201 Constitution Ave., NW., Washington, DC 20460 
(Telephone: 800-426-4791). You may inspect a copy at the Water Docket 
in the EPA Docket Center, 1301 Constitution Ave., NW., Washington, DC, 
(Telephone: 202-566-2426) or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/ 
federal_register/code_of_federal_regulations/ ibr_locations.html .
* * * * *
    (b) E. coli. System must use methods for enumeration of E. coli in 
source water approved in Sec.  136.3(a) of this chapter or alternative 
methods listed in Appendix A to subpart C of this part.
* * * * *

PART 143--NATIONAL SECONDARY DRINKING WATER REGULATIONS

    12. The authority citation for part 143 continues to read as 
follows:

    Authority: U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 
300g-6, 300j-4, 300j-9, and 300j-11.

    13. Section 143.4 is amended by revising the text preceding the 
table in paragraph (b) to read as follows:


Sec.  143.4  Monitoring.

* * * * *
    (b) Measurement of pH, copper and fluoride to determine compliance 
under Sec.  143.3 may be conducted with one of the methods in Sec.  
141.23(k)(1). Analyses of aluminum, chloride, foaming agents, iron, 
manganese, odor, silver, sulfate, total dissolved solids (TDS) and zinc 
to determine compliance under Sec.  143.3 may be conducted with the 
methods in

[[Page 67463]]

the following table or alternative methods listed in Appendix A to 
subpart C of this part. Criteria for analyzing aluminum, copper, iron, 
manganese, silver and zinc samples with digestion or directly without 
digestion, and other analytical test procedures are contained in 
Technical Notes on Drinking Water Methods, EPA-600/R-94-173, October 
1994. This document is available from the National Service Center for 
Environmental Publications (NSCEP), P.O. Box 42419, Cincinnati, OH 
45242-0419 or http://www.epa.gov/nscep/.
* * * * *

 [FR Doc. E8-26959 Filed 11-13-08; 8:45 am]

BILLING CODE 6560-50-P
