[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR141.2]

[Page 343-349]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 141_NATIONAL PRIMARY DRINKING WATER REGULATIONS--Table of Contents
 
                            Subpart A_General
 
Sec.  141.2  Definitions.

    As used in this part, the term:
    Act means the Public Health Service Act, as amended by the Safe 
Drinking Water Act, Public Law 93-523.
    Action level, is the concentration of lead or copper in water 
specified in Sec.  141.80(c) which determines, in some

[[Page 344]]

cases, the treatment requirements contained in subpart I of this part 
that a water system is required to complete.
    Best available technology or BAT means the best technology, 
treatment techniques, or other means which the Administrator finds, 
after examination for efficacy under field conditions and not solely 
under laboratory conditions, are available (taking cost into 
consideration). For the purposes of setting MCLs for synthetic organic 
chemicals, any BAT must be at least as effective as granular activated 
carbon.
    Coagulation means a process using coagulant chemicals and mixing by 
which colloidal and suspended materials are destabilized and 
agglomerated into flocs.
    Community water system means a public water system which serves at 
least 15 service connections used by year-round residents or regularly 
serves at least 25 year-round residents.
    Compliance cycle means the nine-year calendar year cycle during 
which public water systems must monitor. Each compliance cycle consists 
of three three-year compliance periods. The first calendar year cycle 
begins January 1, 1993 and ends December 31, 2001; the second begins 
January 1, 2002 and ends December 31, 2010; the third begins January 1, 
2011 and ends December 31, 2019.
    Compliance period means a three-year calendar year period within a 
compliance cycle. Each compliance cycle has three three-year compliance 
periods. Within the first compliance cycle, the first compliance period 
runs from January 1, 1993 to December 31, 1995; the second from January 
1, 1996 to December 31, 1998; the third from January 1, 1999 to December 
31, 2001.
    Comprehensive performance evaluation (CPE) is a thorough review and 
analysis of a treatment plant's performance-based capabilities and 
associated administrative, operation and maintenance practices. It is 
conducted to identify factors that may be adversely impacting a plant's 
capability to achieve compliance and emphasizes approaches that can be 
implemented without significant capital improvements. For purpose of 
compliance with subparts P and T of this part, the comprehensive 
performance evaluation must consist of at least the following 
components: Assessment of plant performance; evaluation of major unit 
processes; identification and prioritization of performance limiting 
factors; assessment of the applicability of comprehensive technical 
assistance; and preparation of a CPE report.
    Confluent growth means a continuous bacterial growth covering the 
entire filtration area of a membrane filter, or a portion thereof, in 
which bacterial colonies are not discrete.
    Contaminant means any physical, chemical, biological, or 
radiological substance or matter in water.
    Conventional filtration treatment means a series of processes 
including coagulation, flocculation, sedimentation, and filtration 
resulting in substantial particulate removal.
    Corrosion inhibitor means a substance capable of reducing the 
corrosivity of water toward metal plumbing materials, especially lead 
and copper, by forming a protective film on the interior surface of 
those materials.
    CT or CTcalc is the product of ``residual disinfectant 
concentration'' (C) in mg/1 determined before or at the first customer, 
and the corresponding ``disinfectant contact time'' (T) in minutes, 
i.e., ``C'' x ``T''. If a public water system applies disinfectants at 
more than one point prior to the first customer, it must determine the 
CT of each disinfectant sequence before or at the first customer to 
determine the total percent inactivation or ``total inactivation 
ratio.'' In determining the total inactivation ratio, the public water 
system must determine the residual disinfectant concentration of each 
disinfection sequence and corresponding contact time before any 
subsequent disinfection application point(s). ``CT99.9'' is 
the CT value required for 99.9 percent (3-log) inactivation of Giardia 
lamblia cysts. CT99.9 for a variety of disinfectants and 
conditions appear in tables 1.1-1.6, 2.1, and 3.1 of Sec.  141.74(b)(3).
[GRAPHIC] [TIFF OMITTED] TC15NO91.129


is the inactivation ratio. The sum of the inactivation ratios, or total 
inactivation ratio shown as

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[GRAPHIC] [TIFF OMITTED] TC15NO91.130


is calculated by adding together the inactivation ratio for each 
disinfection sequence. A total inactivation ratio equal to or greater 
than 1.0 is assumed to provide a 3-log inactivation of Giardia lamblia 
cysts.
    Diatomaceous earth filtration means a process resulting in 
substantial particulate removal in which (1) a precoat cake of 
diatomaceous earth filter media is deposited on a support membrance 
(septum), and (2) while the water is filtered by passing through the 
cake on the septum, additional filter media known as body feed is 
continuously added to the feed water to maintain the permeability of the 
filter cake.
    Direct filtration means a series of processes including coagulation 
and filtration but excluding sedimentation resulting in substantial 
particulate removal.
    Disinfectant means any oxidant, including but not limited to 
chlorine, chlorine dioxide, chloramines, and ozone added to water in any 
part of the treatment or distribution process, that is intended to kill 
or inactivate pathogenic microorganisms.
    Disinfectant contact time (``T'' in CT calculations) means the time 
in minutes that it takes for water to move from the point of 
disinfectant application or the previous point of disinfectant residual 
measurement to a point before or at the point where residual 
disinfectant concentration (``C'') is measured. Where only one ``C'' is 
measured, ``T'' is the time in minutes that it takes for water to move 
from the point of disinfectant application to a point before or at where 
residual disinfectant concentration (``C'') is measured. Where more than 
one ``C'' is measured, ``T'' is (a) for the first measurement of ``C'', 
the time in minutes that it takes for water to move from the first or 
only point of disinfectant application to a point before or at the point 
where the first ``C'' is measured and (b) for subsequent measurements of 
``C'', the time in minutes that it takes for water to move from the 
previous ``C'' measurement point to the ``C'' measurement point for 
which the particular ``T'' is being calculated. Disinfectant contact 
time in pipelines must be calculated based on ``plug flow'' by dividing 
the internal volume of the pipe by the maximum hourly flow rate through 
that pipe. Disinfectant contact time within mixing basins and storage 
reservoirs must be determined by tracer studies or an equivalent 
demonstration.
    Disinfection means a process which inactivates pathogenic organisms 
in water by chemical oxidants or equivalent agents.
    Disinfection profile is a summary of Giardia lamblia inactivation 
through the treatment plant. The procedure for developing a disinfection 
profile is contained in Sec.  141.172 (Disinfection profiling and 
benchmarking) in subpart P and Sec. Sec.  141.530-141.536 (Disinfection 
profile) in subpart T of this part.
    Domestic or other non-distribution system plumbing problem means a 
coliform contamination problem in a public water system with more than 
one service connection that is limited to the specific service 
connection from which the coliform-positive sample was taken.
    Dose equivalent means the product of the absorbed dose from ionizing 
radiation and such factors as account for differences in biological 
effective[chyph]ness due to the type of radiation and its 
[chyph]distribution in the body as speci[chyph]fied by the International 
Commission on [chyph]Radiological Units and Measurements (ICRU).
    Effective corrosion inhibitor residual, for the purpose of subpart I 
of this part only, means a concentration sufficient to form a 
passivating film on the interior walls of a pipe.
    Enhanced coagulation means the addition of sufficient coagulant for 
improved removal of disinfection byproduct precursors by conventional 
filtration treatment.
    Enhanced softening means the improved removal of disinfection 
byproduct precursors by precipitative softening.
    Filter profile is a graphical representation of individual filter 
performance, based on continuous turbidity measurements or total 
particle counts versus time for an entire filter run,

[[Page 346]]

from startup to backwash inclusively, that includes an assessment of 
filter performance while another filter is being backwashed.
    Filtration means a process for removing particulate matter from 
water by passage through porous media.
    First draw sample means a one-liter sample of tap water, collected 
in accordance with Sec.  141.86(b)(2), that has been standing in 
plumbing pipes at least 6 hours and is collected without flushing the 
tap.
    Flocculation means a process to enhance agglomeration or collection 
of smaller floc particles into larger, more easily settleable particles 
through gentle stirring by hydraulic or mechanical means.
    GAC10 means granular activated carbon filter beds with an empty-bed 
contact time of 10 minutes based on average daily flow and a carbon 
reactivation frequency of every 180 days.
    Ground water under the direct influence of surface water (GWUDI) 
means any water beneath the surface of the ground with significant 
occurrence of insects or other macroorganisms, algae, or large-diameter 
pathogens such as Giardia lamblia or Cryptosporidium, or significant and 
relatively rapid shifts in water characteristics such as turbidity, 
temperature, conductivity, or pH which closely correlate to 
climatological or surface water conditions. Direct influence must be 
determined for individual sources in accordance with criteria 
established by the State. The State determination of direct influence 
may be based on site-specific measurements of water quality and/or 
documentation of well construction characteristics and geology with 
field evaluation.
    Gross alpha particle activity means the total radioactivity due to 
alpha particle emission as inferred from measurements on a dry sample.
    Gross beta particle activity means the total radioactivity due to 
beta particle emission as inferred from measurements on a dry sample.
    Haloacetic acids (five) (HAA5) mean the sum of the concentrations in 
milligrams per liter of the haloacetic acid compounds (monochloroacetic 
acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, 
and dibromoacetic acid), rounded to two significant figures after 
addition.
    Halogen means one of the chemical elements chlorine, bromine or 
iodine.
    Initial compliance period means the first full three-year compliance 
period which begins at least 18 months after promulgation, except for 
contaminants listed at Sec.  141.61(a) (19)-(21), (c) (19)-(33), and 
Sec.  141.62(b) (11)-(15), initial compliance period means the first 
full three-year compliance period after promulgation for systems with 
150 or more service connections (January 1993-December 1995), and first 
full three-year compliance period after the effective date of the 
regulation (January 1996-December 1998) for systems having fewer than 
150 service connections.
    Large water system, for the purpose of subpart I of this part only, 
means a water system that serves more than 50,000 persons.
    Lead service line means a service line made of lead which connects 
the water main to the building inlet and any lead pigtail, gooseneck or 
other fitting which is connected to such lead line.
    Legionella means a genus of bacteria, some species of which have 
caused a type of pneumonia called Legionnaires Disease.
    Man-made beta particle and photon emitters means all radionuclides 
emitting beta particles and/or photons listed in Maximum Permissible 
Body Burdens and Maximum Permissible Concentration of Radionuclides in 
Air or Water for Occupational Exposure, NBS Handbook 69, except the 
daughter products of thorium-232, uranium-235 and uranium-238.
    Maximum contaminant level means the maximum permissable level of a 
contaminant in water which is delivered to any user of a public water 
system.
    Maximum contaminant level goal or MCLG means the maximum level of a 
contaminant in drinking water at which no known or anticipated adverse 
effect on the health of persons would occur, and which allows an 
adequate margin of safety. Maximum contaminant level goals are 
nonenforceable health goals.
    Maximum residual disinfectant level (MRDL) means a level of a 
disinfectant added for water treatment that may not be exceeded at the 
consumer's tap

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without an unacceptable possibility of adverse health effects. For 
chlorine and chloramines, a PWS is in compliance with the MRDL when the 
running annual average of monthly averages of samples taken in the 
distribution system, computed quarterly, is less than or equal to the 
MRDL. For chlorine dioxide, a PWS is in compliance with the MRDL when 
daily samples are taken at the entrance to the distribution system and 
no two consecutive daily samples exceed the MRDL. MRDLs are enforceable 
in the same manner as maximum contaminant levels under Section 1412 of 
the Safe Drinking Water Act. There is convincing evidence that addition 
of a disinfectant is necessary for control of waterborne microbial 
contaminants. Notwithstanding the MRDLs listed in Sec.  141.65, 
operators may increase residual disinfectant levels of chlorine or 
chloramines (but not chlorine dioxide) in the distribution system to a 
level and for a time necessary to protect public health to address 
specific microbiological contamination problems caused by circumstances 
such as distribution line breaks, storm runoff events, source water 
contamination, or cross-connections.
    Maximum residual disinfectant level goal (MRDLG) means the maximum 
level of a disinfectant added for water treatment at which no known or 
anticipated adverse effect on the health of persons would occur, and 
which allows an adequate margin of safety. MRDLGs are nonenforceable 
health goals and do not reflect the benefit of the addition of the 
chemical for control of waterborne microbial contaminants.
    Maximum Total Trihalomethane Potential (MTP) means the maximum 
concentration of total trihalomethanes produced in a given water 
containing a disinfectant residual after 7 days at a temperature of 25 
[deg]C or above.
    Medium-size water system, for the purpose of subpart I of this part 
only, means a water system that serves greater than 3,300 and less than 
or equal to 50,000 persons.
    Near the first service connection means at one of the 20 percent of 
all service connections in the entire system that are nearest the water 
supply treatment facility, as measured by water transport time within 
the distribution system.
    Non-community water system means a public water system that is not a 
community water system. A non-community water system is either a 
``transient non-community water system (TWS)'' or a ``non-transient non-
community water system (NTNCWS).''
    Non-transient non-community water system or NTNCWS means a public 
water system that is not a community water system and that regularly 
serves at least 25 of the same persons over 6 months per year.
    Optimal corrosion control treatment, for the purpose of subpart I of 
this part only, means the corrosion control treatment that minimizes the 
lead and copper concentrations at users' taps while insuring that the 
treatment does not cause the water system to violate any national 
primary drinking water regulations.
    Performance evaluation sample means a reference sample provided to a 
laboratory for the purpose of demonstrating that the laboratory can 
successfully analyze the sample within limits of performance specified 
by the Agency. The true value of the concentration of the reference 
material is unknown to the laboratory at the time of the analysis.
    Person means an individual; corporation; company; association; 
partnership; municipality; or State, Federal, or tribal agency.
    Picocurie (pCi) means the quantity of radioactive material producing 
2.22 nuclear transformations per minute.
    Point of disinfectant application is the point where the 
disinfectant is applied and water downstream of that point is not 
subject to recontamination by surface water runoff.
    Point-of-entry treatment device (POE) is a treatment device applied 
to the drinking water entering a house or building for the purpose of 
reducing contaminants in the drinking water distributed throughout the 
house or building.
    Point-of-use treatment device (POU) is a treat[chyph]ment device 
applied to a single tap [chyph]used for the purpose of reducing 
con[chyph]tam[chyph]i[chyph]nants in drinking water at that one tap.

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    Public water system means a system for the provision to the public 
of water for human consumption through pipes or, after August 5, 1998, 
other constructed conveyances, if such system has at least fifteen 
service connections or regularly serves an average of at least twenty-
five individuals daily at least 60 days out of the year. Such term 
includes: any collection, treatment, storage, and distribution 
facilities under control of the operator of such system and used 
primarily in connection with such system; and any collection or 
pretreatment storage facilities not under such control which are used 
primarily in connection with such system. Such term does not include any 
``special irrigation district.'' A public water system is either a 
``community water system'' or a ``noncommunity water system.''
    Rem means the unit of dose equivalent from ionizing radiation to the 
total body or any internal organ or organ system. A ``millirem (mrem)'' 
is 1/1000 of a rem.
    Repeat compliance period means any subsequent compliance period 
after the initial compliance period.
    Residual disinfectant concentration (``C'' in CT calculations) means 
the concentration of disinfectant measured in mg/l in a representative 
sample of water.
    Sanitary survey means an onsite review of the water source, 
facilities, equipment, operation and maintenance of a public water 
system for the purpose of evaluating the adequacy of such source, 
facilities, equipment, operation and maintenance for producing and 
distributing safe drinking water.
    Sedimentation means a process for removal of solids before 
filtration by gravity or separation.
    Service connection, as used in the definition of public water 
system, does not include a connection to a system that delivers water by 
a constructed conveyance other than a pipe if:
    (1) The water is used exclusively for purposes other than 
residential uses (consisting of drinking, bathing, and cooking, or other 
similar uses);
    (2) The State determines that alternative water to achieve the 
equivalent level of public health protection provided by the applicable 
national primary drinking water regulation is provided for residential 
or similar uses for drinking and cooking; or
    (3) The State determines that the water provided for residential or 
similar uses for drinking, cooking, and bathing is centrally treated or 
treated at the point of entry by the provider, a pass-through entity, or 
the user to achieve the equivalent level of protection provided by the 
applicable national primary drinking water regulations.
    Service line sample means a one-liter sample of water collected in 
accordance with Sec.  141.86(b)(3), that has been standing for at least 
6 hours in a service line.
    Single family structure, for the purpose of subpart I of this part 
only, means a building constructed as a single-family residence that is 
currently used as either a residence or a place of business.
    Slow sand filtration means a process involving passage of raw water 
through a bed of sand at low velocity (generally less than 0.4 m/h) 
resulting in substantial particulate removal by physical and biological 
mechanisms.
    Small water system, for the purpose of subpart I of this part only, 
means a water system that serves 3,300 persons or fewer.
    Special irrigation district means an irrigation district in 
existence prior to May 18, 1994 that provides primarily agricultural 
service through a piped water system with only incidental residential or 
similar use where the system or the residential or similar users of the 
system comply with the exclusion provisions in section 1401(4)(B)(i)(II) 
or (III).
    Standard sample means the aliquot of finished drinking water that is 
examined for the presence of coliform bacteria.
    State means the agency of the State or Tribal government which has 
jurisdiction over public water systems. During any period when a State 
or Tribal government does not have primary enforcement responsibility 
pursuant to section 1413 of the Act, the term ``State'' means the 
Regional Administrator, U.S. Environmental Protection Agency.
    Subpart H systems means public water systems using surface water or 
ground

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water under the direct influence of surface water as a source that are 
subject to the requirements of subpart H of this part.
    Supplier of water means any person who owns or operates a public 
water system.
    Surface water means all water which is open to the atmosphere and 
subject to surface runoff.
    SUVA means Specific Ultraviolet Absorption at 254 nanometers (nm), 
an indicator of the humic content of water. It is a calculated parameter 
obtained by dividing a sample's ultraviolet absorption at a wavelength 
of 254 nm (UV 254) (in m =1) by its concentration 
of dissolved organic carbon (DOC) (in mg/L).
    System with a single service connection means a system which 
supplies drinking water to consumers via a single service line.
    Too numerous to count means that the total number of bacterial 
colonies exceeds 200 on a 47-mm diameter membrane filter used for 
coliform detection.
    Total Organic Carbon (TOC) means total organic carbon in mg/L 
measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, 
or combinations of these oxidants that convert organic carbon to carbon 
dioxide, rounded to two significant figures.
    Total trihalomethanes (TTHM) means the sum of the concentration in 
[chyph]milligrams per liter of the trihalo[chyph]methane compounds 
(trichloromethane [chloro[chyph]form], dibromochloromethane, 
bromodichloro[chyph]methane and tribromomethane [bromoform]), rounded 
[chyph]to two significant figures.
    Transient non-community water system or TWS means a non-community 
water system that does not regularly serve at least 25 of the same 
persons over six months per year.
    Trihalomethane (THM) means one of the family of organic compounds, 
named [chyph]as derivatives of methane, wherein three [chyph]of the four 
hydrogen atoms in methane are each sub[chyph]stituted by a halogen atom 
in the molecular struc[chyph]ture.
    Uncovered finished water storage facility is a tank, reservoir, or 
other facility used to store water that will undergo no further 
treatment except residual disinfection and is open to the atmosphere.
    Virus means a virus of fecal origin which is infectious to humans by 
waterborne transmission.
    Waterborne disease outbreak means the significant occurrence of 
acute infectious illness, epidemiologically associated with the 
ingestion of water from a public water system which is deficient in 
treatment, as determined by the appropriate local or State agency.

[40 FR 59570, Dec. 24, 1975, as amended at 41 FR 28403, July 9, 1976; 44 
FR 68641, Nov. 29, 1979; 51 FR 11410, Apr. 2, 1986; 52 FR 20674, June 2, 
1987; 52 FR 25712, July 8, 1987; 53 FR 37410, Sept. 26, 1988; 54 FR 
27526, 27562, June 29, 1989; 56 FR 3578, Jan. 30, 1991; 56 FR 26547, 
June 7, 1991; 57 FR 31838, July 17, 1992; 59 FR 34322, July 1, 1994; 61 
FR 24368, May 14, 1996; 63 FR 23366, Apr. 28, 1998; 63 FR 69463, 69515, 
Dec. 16, 1998; 66 FR 7061, Jan. 22, 2001; 67 FR 1835, Jan. 14, 2002]