[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: 40CFR141.40]

[Page 418-432]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 141_NATIONAL PRIMARY DRINKING WATER REGULATIONS--Table of Contents
 
  Subpart E_Special Regulations, Including Monitoring Regulations and 
                         Prohibition on Lead Use
 
Sec.  141.40  Monitoring requirements for unregulated contaminants.


    (a) Requirements for owners and operators of public water systems. 
(1) Do I have to monitor for unregulated contaminants?
    (i) Transient systems. If you own or operate a transient non-
community water system, you do not have to monitor for unregulated 
contaminants.
    (ii) Large systems not purchasing their entire water supply from 
another system. If you own or operate a wholesale or retail public water 
system (other than a transient system) that serves more than 10,000 
persons, as determined by the State, and do not purchase your entire 
water supply from another public water system, you must monitor as 
follows:
    (A) You must monitor for the unregulated contaminants on List 1 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section.
    (B) You must monitor for the unregulated contaminants on List 2 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, if notified by your State or EPA that 
you are part of the Screening Surveys.
    (C) You must monitor for the unregulated contaminants on List 3 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, if notified by your State or EPA that 
you are part of the Pre-Screen Testing.
    (iii) Large systems purchasing their entire water supply from 
another system. If you own or operate a public water system (other than 
a transient system) that serves more than 10,000 persons and purchase 
your entire water supply from a wholesale or retail public water system, 
you must monitor as follows:
    (A) You must monitor for the unregulated contaminants on List 1 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, that

[[Page 419]]

have a ``sampling location'' indicated as ``distribution system''.
    (B) You must monitor for the unregulated contaminants on List 2 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, that have a ``sampling location'' 
indicated as ``distribution system'' if notified by your State or EPA 
that you are part of the Screening Surveys.
    (C) You must monitor for the unregulated contaminants on List 3 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, that have a ``sampling location'' 
indicated as ``distribution system'' if notified by your State or EPA 
that you are part of the Pre-Screen Testing.
    (iv) Small systems not purchasing their entire water supply from 
another system. If you own or operate a public water system (other than 
a transient system) that serves 10,000 or fewer persons and do not 
purchase your entire water supply from another public water system, you 
must monitor as follows:
    (A) You must monitor for the unregulated contaminants on List 1 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, if you are notified by your State or 
EPA that you are part of the State Monitoring Plan for small systems.
    (B) You must monitor for the unregulated contaminants on List 2 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, if you are notified by your State or 
EPA that you are part of the Screening Surveys.
    (C) You must monitor for the unregulated contaminants on List 3 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, if you are notified by your State or 
EPA that you are part of the Pre-Screen Testing.
    (v) Small systems purchasing their entire water supply from another 
system. If you own or operate a public water system (other than a 
transient system) that serves 10,000 or fewer persons and purchase your 
entire water supply from another public water system, you must monitor 
as follows:
    (A) You must monitor for the unregulated contaminants on List 1 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, that have a ``sampling location'' 
indicated as ``distribution system'' if you are notified by your State 
or EPA that you are part of the State Monitoring Plan for small systems.
    (B) You must monitor for the unregulated contaminants on List 2 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, that have a ``sampling location'' 
indicated as ``distribution system'' if you are notified by your State 
or EPA that you are part of the Screening Surveys.
    (C) You must monitor for the unregulated contaminants on List 3 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, that have a ``sampling location'' 
indicated as ``distribution system'' if you are notified by your State 
or EPA that you are part of the Pre-Screen Testing.
    (2) How would I be selected for the monitoring under the State 
Monitoring Plan, the Screening Surveys, or the Pre-Screen Testing? (i) 
State Monitoring Plan. Only a representative sample of small systems 
must monitor for unregulated contaminants. EPA will select a national 
representative sample of small public water systems in each State 
through the use of a random number generator. Selection will be weighted 
by population served within each system water source type (surface or 
ground water) and system size category (systems serving 25-500, 501-
3,300, and 3,301-10,000 persons). EPA may allocate additional systems to 
water source types or system size categories to increase the statistical 
inferential ability for those categories. EPA will also select a small 
group of systems to be ``Index systems.'' Systems selected as Index 
systems are required to provide information about their site and 
operation that will serve to allow extrapolation of their results to 
other systems of similar size, rather than collecting detailed 
information at every small system. Each State will have the opportunity 
to make some modifications to the list of small systems that EPA

[[Page 420]]

selects. You will be notified by the State or EPA if your system is part 
of the final State Monitoring Plan.
    (ii) Screening Surveys. The purpose of the Screening Surveys is to 
determine the occurrence of contaminants in drinking water or sources of 
drinking water for which analytical methods have recently been developed 
for unregulated contaminant monitoring. EPA will select up to 300 
systems to participate in each survey by using a random number 
generator. You will be notified by the State or EPA if your system is 
selected for monitoring under the Screening Surveys.
    (iii) Pre-screen Testing. The purpose of Pre-Screen Testing is to 
determine the occurrence of contaminants for which EPA needs to evaluate 
new analytical methods in locations where the contaminants are most 
likely to be found. EPA will select up to 200 systems to participate in 
this testing after considering the characteristics of the contaminants, 
precipitation, system operation, and environmental conditions. You will 
be notified by the State or EPA that your system has been selected for 
monitoring under the Pre-Screen Testing program.
    (3) For which contaminants must I monitor? Lists 1, 2 and 3 of 
unregulated contaminants are listed in the following table:

                       Table 1--Unregulated Contaminant Monitoring Regulation (1999) List
----------------------------------------------------------------------------------------------------------------
                               List 1--Assessment Monitoring Chemical Contaminants
-----------------------------------------------------------------------------------------------------------------
                                                                                                       6-period
                                                                                                        during
                                         2-CAS registry    3-analytical     4-minimum    5-sampling     which
             1-contaminant                   number           methods       reporting     location    monitoring
                                                                              level                     to be
                                                                                                      completed
----------------------------------------------------------------------------------------------------------------
2, 4-dinitrotoluene....................        121-14-2  EPA Method 525.2  2 [mu]g/L e      EPTDS f    2001-2003
                                                                        a
2, 6 dinitrotoluene....................        606-20-2  EPA Method 525.2  2 [mu]g/L e      EPTDS f    2001-2003
                                                                        a
Acetochlor.............................      34256-82-1  EPA Method 525.2  2 [mu]g/L o      EPTDS f    2001-2003
                                                                        a
DCPA mono-acid degradate h.............        887-54-7  EPA Method 515.1  1 [mu]g/L e      EPTDS f    2001-2003
                                                            a, EPA Method
                                                             515.2 a, EPA
                                                             Method 515.3
                                                          i,j, EPA Method
                                                          515.4 k, D5317-
                                                               93 b, AOAC
                                                                 992.32 c
DCPA di-acid degradate h...............       2136-79-0  EPA Method 515.1  1 [mu]g/L e      EPTDS f    2001-2003
                                                            a, EPA Method
                                                             515.2 a, EPA
                                                             Method 515.3
                                                          i,j, EPA Method
                                                          515.4 k, D5317-
                                                               93 b, AOAC
                                                                 992.32 c
4,4'-DDE...............................         72-55-9    EPA Method 508  0.8 [mu]g/L      EPTDS f    2001-2003
                                                            a, EPA Method            e
                                                             508.1 a, EPA
                                                          Method 525.2 a,
                                                         D5812-96 b, AOAC
                                                                 990.06 c
EPTC...................................        759-94-4    EPA Method 507  1 [mu]g/L e      EPTDS f    2001-2003
                                                            a, EPA Method
                                                          525.2 a, D5475-
                                                               93 b, AOAC
                                                                 991.07 c
Molinate...............................       2212-67-1    EPA Method 507  0.9 [mu]g/L      EPTDS f    2001-2003
                                                            a, EPA Method            e
                                                          525.2 a, D5475-
                                                               93 b, AOAC
                                                                 991.07 c

[[Page 421]]


MTBE...................................       1634-04-4  EPA Method 502.2  5 [mu]g/L g      EPTDS f    2001-2003
                                                            a,n, SM 6200C
                                                          d,n, EPA Method
                                                          524.2 a, D5790-
                                                           95 b, SM 6210D
                                                            d, SM 6200B d
Nitrobenzene...........................         98-95-3  EPA Method 524.2   10 [mu]g/L      EPTDS f    2001-2003
                                                           a, D5790-95 b,            g
                                                               SM6210D d,
                                                                SM6200B d
Perchlorate............................      14797-73-0  EPA Method 314.0  4 [mu]g/L m      EPTDS f    2001-2003
                                                                        l
Terbacil...............................       5902-51-2    EPA Method 507  2 [mu]g/L e      EPTDS f   2001-2003
                                                            a, EPA Method
                                                          525.2 a, D5475-
                                                               93 b, AOAC
                                                                 991.07 c
----------------------------------------------------------------------------------------------------------------
Column headings are:
\1\--Chemical or microbiological contaminant: the name of the contaminants to be analyzed.
\2\--CAS (Chemical Abstract Service Number) Registry No. or Identification Number: a unique number identifying
  the chemical contaminants.
\3\--Analytical Methods: method numbers identifying the methods that must be used to test the contaminants.
\4\--Minimum Reporting Level: the value and unit of measure at or above which the concentration or density of
  the contaminant must be measured using the Approved Analytical Methods.
\5\--Sampling Location: the locations within a PWS at which samples must be collected.
\6\--Years During Which Monitoring to be Completed: The years during which the sampling and testing are to occur
  for the indicated contaminant.
The procedures shall be done in accordance with the documents listed next in these footnotes. The incorporation
  by reference of the following documents listed in footnotes b-d, i, k and l was approved by the Director of
  the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the documents may be
  obtained from the following sources. Information regarding obtaining these documents can be obtained from the
  Safe Drinking Water Hotline at 800-426-4791. Documents may be inspected at EPA's Drinking Water Docket, 401 M
  Street, SW., Washington, DC 20460 (Telephone: 202-260-3027); or at the Office of Federal Register, 800 North
  Capitol Street, NW., Suite 700, Washington, DC.
a The version of the EPA methods which you must follow for this Rule are listed at Sec.   141.24 (e).
b Annual Book of ASTM Standards, 1996, 1998 and 1999, Vol. 11.02, American Society for Testing and Materials.
  Method D5812-96, ``Standard Test Method for Determination of Organochlorine Pesticides in Water by Capillary
  Column Gas Chromatography'', is located in the Annual Book of ASTM Standards, 1998 and 1999, Vol. 11.02.
  Methods D5790-95, ``Standard Test Method for Measurement of Purgeable Organic Compounds in Water by Capillary
  Column Gas Chromatography/Mass Spectrometry''; D5475-93, ``Standard Test Method for Nitrogen- and Phosphorus-
  Containing Pesticides in Water by Gas Chromatography with a Nitrogen-Phosphorus Detector''; and D5317-93,
  ``Standard Test Method for Determination of Chlorinated Organic Acid Compounds in Water by Gas Chromatography
  with an Electron Capture Detector'' are located in the Annual Book of ASTM Standards, 1996 and 1998, Vol
  11.02. Copies may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, West
  Conshohocken, PA 19428.
c Official Methods of Analysis of AOAC (Association of Official Analytical Chemist) International, Sixteenth
  Edition, 4th Revision, 1998, Volume I, AOAC International, First Union National Bank Lockbox, PO Box 75198,
  Baltimore, MD 21275-5198. 800-379-2622.
d SM 6210 D is only found in the 18th and 19th editions of Standard Methods for the Examination of Water and
  Wastewater, 1992 and 1995, American Public Health Association; either edition may be used. SM 6200 B and 6200
  C are only found in the 20th edition of Standard Methods for the Examination of Water and Wastewater, 1998.
  Copies may be obtained from the American Public Health Association, 1015 Fifteenth Street NW, Washington, DC
  20005.
e Minimum Reporting Level determined by multiplying by 10 the least sensitive method's detection limit
  (detection limit =standard deviation times the Student's t value for 99% confidence level with n-1 degrees of
  freedom), or when available, multiplying by 5 the least sensitive method's estimated detection limit (where
  the estimated detection limit equals the concentration of compound yielding approximately a 5 to 1 signal to
  noise ratio or the calculated detection limit, whichever is greater).
f Entry Points to the Distribution System (EPTDS), after treatment, representing each non-emergency water source
  in use over the twelve-month period of monitoring: this only includes entry points for sources in operation
  during the months in which sampling is to occur. Sampling must occur at the EPTDS, unless the State has
  specified other sampling points that are used for compliance monitoring under 40 CFR 141.24 (f)(1), (2), and
  (3). See 40 CFR 141.40(a)(5)(ii)(C) for a complete explanation of requirements, including the use of source
  (raw) water sampling points.
g Minimum Reporting Levels (MRL) for Volatile Organic Compounds (VOC) determined by multiplying either the
  published detection limit or 0.5 [mu]g/L times 10, whichever is greater. The detection limit of 0.5 [mu]g/L
  (0.0005 mg/L) was selected to conform to VOC detection limit requirements of 40 CFR 141.24(f)(17)(E).
h The approved methods do not allow for the identification and quantitation of the individual acids. The single
  analytical result obtained should be reported as total DCPA mono- and di-acid degradates.
i EPA Method 515.3, ``Determination of Chlorinated Acids in Drinking Water by Liquid-Liquid Extraction,
  Derivatization and Gas Chromatography with Electron Capture Detection,'' Revision 1.0 July 1996. EPA 815-R-00-
  014, ``Methods for the Determination of Organic and Inorganic compounds in Drinking Water, Volume 1,'' August
  2000. Available from the National Technical Information Service, NTIS PB2000-106981, U.S. Department of
  Commerce, 5285 Port Royal Road, Springfield, Virginia 22161. The toll free number is 800-553-6847.
  Alternatively, the method can be assessed and downloaded directly on-line at www.epa.gov/safewater/methods/
  sourcalt.html.

[[Page 422]]


J Since EPA Method 515.3 does not include a solvent wash step following hydrolysis, the parent DCPA is not
  removed prior to analysis, therefore, only non-detect data may be reported using EPA Method 515.3. All samples
  with results above the MRL must be analyzed by one of the other approved methods.
k EPA Method 515.4, ``Determination of Chlorinated Acids in Drinking Water by Liquid-Liquid Microextraction,
  Derivatization and Fast Gas Chromatography with Electron Capture Detection,'' Revision 1.0, April 2000, EPA
  815/B-00/001. Available by requesting a copy from the EPA Safe Drinking Water Hotline within the
  United States at 800-426-4791 (Hours are Monday through Friday, excluding federal holidays, from 9 a.m. to
  5:30 p.m. Eastern Time). Alternatively, the method can be assessed and downloaded directly on-line at
  www.epa.gov/safewater/methods/sourcalt.html.
l EPA Method 314.0, ``Determination of Perchlorate in Drinking Water Using Ion Chromatography,'' Revision 1.0,
  EPA 815-B-99-003, November 1999. EPA 815-R-00-014, ``Methods for the Determination of Organic and Inorganic
  Compounds in Drinking Water, Volume 1,'' August 2000. Available from the National Technical Information
  Service, NTIS PB2000-106981, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161.
  The toll free number is 800-553-6847. Alternatively, the method can be assessed and downloaded directly on-
  line at www.epa.gov/safewater/methods/sourcalt.html.
m MRL was established at a concentration, which is at least \1/4\th the lowest known adverse health
  concentration, at which acceptable precision and accuracy has been demonstrated in spiked matrix samples.
n Sample preservation techniques and holding times specified in EPA Method 524.2 must be used by laboratories
  using either EPA Method 502.2 or Standard Methods 6200C.


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     List 2--Screening Survey Chemical Contaminants
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                   6-Period during which
           1-Contaminant              2-CAS registry number   3-Analytical  methods   4-Minimum  reporting   5-Sampling  location     monitoring to be
                                                                                             level                                       completed
--------------------------------------------------------------------------------------------------------------------------------------------------------
1,2-diphenylhydrazine..............  122-66-7..............  EPA Method 526 a......  0.5 [mu]g/L..........  EPTDS e..............  2001--Selected
                                                                                                                                    Systems serving
                                                                                                                                    <=10,000 persons;
                                                                                                                                   2002--Selected
                                                                                                                                    systems serving  10,000
                                                                                                                                    persons.
2-methyl-phenol....................  95-48-7...............  EPA Method 528 b......  1 [mu]g/L f..........  EPTDS e..............  Same as above.
2,4-dichlorophenol.................  120-83-2..............  EPA Method 528 b......  1 [mu]g/L f..........  EPTDS e..............  Same as above.
2,4-dinitrophenol..................  51-28-5...............  EPA Method 528 b......  5 [mu]g/L f..........  EPTDS e..............  Same as above.
2,4,6-trichlorophenol..............  88-06-2...............  EPA Method 528 b......  1 [mu]g/L f..........  EPTDS e..............  Same as above.
Alachlor ESA.......................  Reserved d............  Reserved d............  Reserved d...........  Reserved d...........  Reserved d
Diazinon...........................  333-41-5..............  EPA Method 526 a......  0.5 [mu]g/L f........  EPTDS e..............  2001--Seleected
                                                                                                                                    Systems serving
                                                                                                                                    <=10,000 persons;
                                                                                                                                   2002--Selected
                                                                                                                                    systems serving  10,000
                                                                                                                                    persons.
Disulfoton.........................  298-04-4..............  EPA Method 526 a......  0.5 [mu]g/L f........  EPTDS e..............  Same as above.
Diuron.............................  330-54-1..............  EPA Method 532 c......  1 [mu]g/L f..........  EPTDS e..............  Same as above.
Fonofos............................  944-22-9..............  EPA Method 526 a......  0.5 [mu]g/L f........  EPTDS e..............  Same as above.
Linuron............................  330-55-2..............  EPA Method 532 c......  1 [mu]g/L f..........  EPTDS e..............  Same as above.
Nitrobenzene.......................  98-95-3...............  EPA Method 526 a......  0.5 [mu]g/L f........  EPTDS e..............  Same as above.
Prometon...........................  1610-18-0.............  EPA Method 526 a......  0.5 [mu]g/L f........  EPTDS e..............  Same as above.
RDX................................  121-82-4..............  Reserved d............  Reserved d...........  Reserved d...........  Reserved d.
Terbufos...........................  13071-79-9............  EPA Method 526 a......  0.5 [mu]g/L f........  EPTDS e..............  2001--Selected
                                                                                                                                    Systems serving
                                                                                                                                    <=10,000 persons;
                                                                                                                                   2002-Selected systems
                                                                                                                                    serving 
                                                                                                                                    10,000 persons.
--------------------------------------------------------------------------------------------------------------------------------------------------------


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

[[Page 423]]


6 --Years During Which Monitoring to be Completed: the years during which the sampling and testing are to occur for the indicated contaminant.
 The procedures shall be done in accordance with the documents listed next in these footnotes. The incorporation by reference of the following documents
  listed in footnotes a-c, was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the
  documents may be obtained from the following sources. Information regarding obtaining these documents can be obtained from the Safe Drinking Water
  Hotline at 800-426-4791. Copies of the documents may be obtained from the sources listed in these footnotes. Information regarding obtaining these
  documents can be obtained from the Safe Drinking Water Hotline at 800-426-4791. Documents may be inspected at EPA's Drinking Water Docket, 401 M
  Street, SW., Washington, DC 20460 (Telephone: 202-260-3027); or at the Office of Federal Register, 800 North Capitol Street, NW., Suite 700,
  Washington, DC.
a EPA Method 526, ``Determination of Selected Semivolatile Organic Compounds in Drinking Water by Solid Phase Extraction and Capillary Column Gas
  Chromatography/Mass Spectrometry (GC/MS),'' Revision 1.0, June 2000. EPA 815-R-00-014, ``Methods for the Determination of Organic and Inorganic
  Compounds in Drinking Water, Volume 1,'' August 2000. Available from the National Technical Information Service, NTIS PB2000-106981, U.S. Department
  of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161. The toll free number is 800-553-6847. Alternatively, the method can be assessed and
  downloaded directly on-line at www.epa.gov/safewater/methods/sourcalt.html.
b EPA Method 528, ``Determination of Phenols in Drinking Water by Solid Phase Extraction and Capillary Column Gas Chromatography/Mass Spectrometry (GC/
  MS),'' Revision 1.0, April 2000. EPA 815-R-00-014, ``Methods for the Determination of Organic and Inorganic Compounds in Drinking Water, Volume 1,''
  August 2000. Available from the National Technical Information Service, NTIS PB2000-106981, U.S. Department of Commerce, 5285 Port Royal Road,
  Springfield, Virginia 22161. The toll free number is 800-553-6847. Alternatively, the method can be assessed and downloaded directly on-line at
  www.epa.gov/nerlcwww/ordmeth.htm.
c EPA Method 532, ``Determination of Phenylurea Compounds in Drinking Water by Solid Phase Extraction and High Performance Liquid Chromatography with UV
  Detection,'' Revision 1.0, June 2000. EPA 815-R-00-014, ``Methods for the Determination of Organic and Inorganic Compounds in Drinking Water, Volume
  1,'' August 2000. Available from the National Technical Information Service, NTIS PB2000-106981, U.S. Department of Commerce, 5285 Port Royal Road,
  Springfield, Virginia 22161. The toll free number is 800-553-6847. Alternatively, the method can be assessed and downloaded directly on-line at
  www.epa.gov/safewater/methods/sourcalt.html.
d To be specified at a later time.
e Entry Points to the Distribution System (EPTDS), after treatment, representing each non-emergency water source in use over the twelve-month period of
  monitoring: this only includes entry points for sources in operation during the months in which sampling is to occur. Sampling must occur at the
  EPTDS, source water sampling points are not permitted for List 2 contaminant monitoring.
f Minimum Reporting Level represents the value of the lowest concentration precision and accuracy determination made during methods development and
  documented in the method. If method options are permitted, the concentration used was for the least sensitive option.
g Three samples must be taken from the distribution system, which is owned or controlled by the selected PWS. The sample locations must include one
  sample from a point (MD from Sec.   141.35(d)(3), Table 1) where the disinfectant residual is representative of the distribution system. This sample
  location may be selected from sample locations which have been previously identified for samples to be analyzed for coliform indicator bacteria.
  Coliform sample locations encompass a variety of sites including midpoint samples which may contain a disinfectant residual that is typical of the
  system. Coliform sample locations are described in 40 CFR 141.21. This same approach must be used for the Aeromonas midpoint sample where the
  disinfectant residual would not have declined and would be typical for the distribution system. Additionally, two samples must be taken from two
  different locations: the distal or dead-end location in the distribution system (MR from Sec.   141.35(d)(3), Table 1), avoiding disinfectant booster
  stations, and from a location where previous determinations have indicated the lowest disinfectant residual in the distribution system (LD from Sec.
  141.35(d)(3), Table 1). If these two locations of distal and low disinfectant residual sites coincide, then the second sample must be taken at a
  location between the MD and MR sites. Locations in the distribution system where the disinfectant residual is expected to be low are similar to TTHM
  sampling points. Sampling locations for TTHMs are described in 63 FR 69468.
h EPA Method 1605 ``Aeromonas in Finished Water by Membrane Filtration using Ampicillin-Dextrin Agar with Vancomycin (ADA-V)'', October 2001, EPA  821-R-01-034. The method can be accessed and downloaded directly on-line at www.epa.gov/microbes.


--------------------------------------------------------------------------------------------------------------------------------------------------------
                         List 3--Pre-screen Testing Radionuclides To Be Sampled After Notice of Analytical Methods Availability
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                   6-Period during which
           1-Contaminant              2-CAS registry number   3-Analytical methods    4-Minimum  reporting   5-Sampling  location     monitoring to be
                                                                                             level                                       completed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lead-210...........................  14255-04-0............  Reserved a............  Reserved a...........  Reserved a...........  Reserved.a
Polonium-210.......................  13981-52-7............  Reserved a............  Reserved a...........  Reserved a...........  Reserved.a
--------------------------------------------------------------------------------------------------------------------------------------------------------


--------------------------------------------------------------------------------------------------------------------------------------------------------
                         List 3--Pre-screen Testing Microorganisms To Be Sampled After Notice of Analytical Methods Availability
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                   6-Period during which
           1-Contaminant                2-Identification      3-Analytical methods    4-Minimum reporting    5-Sampling location      monitoring to be
                                             number                                          level                                       completed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cyanobacteria (blue-green algae,     Reserved a............  Reserved a............  Reserved a...........  Reserved a...........  Reserved.a
 other freshwater algae and their
 toxins).
Echoviruses........................  Reserved a............  Reserved a............  Reserved a...........  Reserved a...........  Reserved.a
Coxsackieviruses...................  Reserved a............  Reserved a............  Reserved a...........  Reserved a...........  Reserved.a
Helicobacter pylori................  Reserved a............  Reserved a............  Reserved a...........  Reserved a...........  Reserved.a
Microsporidia......................  Reserved a............  Reserved a............  Reserved a...........  Reserved a...........  Reserved.a
Calciviruses.......................  Reserved a............  Reserved a............  Reserved a...........  Reserved a...........  Reserved.a
Adenoviruses.......................  Reserved a............  Reserved a............  Reserved a...........  Reserved a...........  Reserved.a
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column headings are:
1-Chemical or microbiological contaminant: the name of the contaminants to be analyzed.
2-CAS (Chemical Abstract Service Number) Registry No. or Identification Number: a unique number identifying the chemical contaminants.

[[Page 424]]


3-Analytical Methods: method numbers identifying the methods that must be used to test the contaminants.
4-Minimum Reporting Level: the value and unit of measure at or above which the concentration or density of the contaminant must be measured using the
  Approved Analytical Methods.
5-Sampling Location: the locations within a PWS at which samples must be collected.
6-Years During Which Monitoring to be Completed: the years during which the sampling and testing are to occur for the indicated contaminant.
a To be determined at a later time.


    (4) What general requirements must I follow for monitoring List 1 
contaminants? (i) All systems. You must:
    (A) Collect samples of the listed contaminants in accordance with 
paragraph (a)(5) of this section and Appendix A of this section and any 
other specific instructions provided to you by the State or EPA,
    (B) Analyze the additional parameters specified below in Table 2. 
``Water Quality Parameters to be Monitored with UCMR Contaminants'' for 
each relevant contaminant type. You must analyze the parameters for each 
sampling event of each sampling point, using the method indicated, and 
report using the data elements 1 through 10 in Table 1, Sec.  141.35(d), 
Unregulated Contaminant Monitoring Reporting Requirements;
    (C) Review the laboratory testing results to ensure reliability; and
    (D) Report the results as specified in Sec.  141.35.

                    Table 2--Water Quality Parameters To Be Monitored with UCMR Contaminants
----------------------------------------------------------------------------------------------------------------
                                                                          Analytical methods
                                                     -----------------------------------------------------------
            Parameter              Contaminant type                        Standard methods
                                                          EPA method              \1\                Other
----------------------------------------------------------------------------------------------------------------
pH..............................  Microbiological...  EPA Method          4500-H+ B.........  ASTM D1293-84\3\,
                                                       150.1\2\, EPA                           ASTM D1293-95\3\.
                                                       Method 150.2\2\.
Turbidity.......................  Microbiological...  EPA Method 180.1    2130 B \4\........  GLI Method 24,6.
                                                       4,5.
Temperature.....................  Microbiological...  ..................  2550..............
Free Disinfectant Residual......  Microbiological...  ..................  4500-Cl D, 4500-Cl  ASTM 1253-86\3\
                                                                           F, 4500-Cl G,
                                                                           4500-Cl H, 4500-
                                                                           ClO2 D, 4500-ClO2
                                                                           E, 4500-O3 B.
Total Disinfectant Residual.....  Microbiological...  ..................  4500-Cl D, 4500-Cl  ASTM D 1253-86 \3\
                                                                           E,\4\ 4500-Cl F,
                                                                           4500-Cl G\4\,
                                                                           4500-Cl I.
----------------------------------------------------------------------------------------------------------------
The procedures shall be done in accordance with the documents listed in these footnotes. The incorporation by
  reference of the following documents was approved by the Director of the Federal Register in accordance with 5
  U.S.C. 552(a) and 1 CFR part 51. Copies of the documents may be obtained from the sources listed in these
  footnotes. Information regarding obtaining these documents can be obtained from the Safe Drinking Water
  Hotline at 800-426-4791. Documents may be inspected at EPA's Drinking Water Docket, 401 M Street, SW.,
  Washington, DC 20460 (Telephone: 202-260-3027); or at the Office of Federal Register, 800 North Capitol
  Street, NW., Suite 700, Washington, DC.
\1\ The 18th and 19th Editions of Standard Methods for the Examination of Water and Wastewater, 1992 and 1995.
  Methods 2130 B; 2550; 4500-Cl D, E, F, G, H, I; 4500-ClO2 D, E; 4500-H+ B; and 4500-O3 B in the 20th edition
  Standard Methods for the Examination of Water and Wastewater, 1998, American Public Health Association, 1015
  Fifteenth St. NW, Washington D.C., 20005.
\2\ EPA Methods 150.1 and 150.2 are available from US EPA, NERL, 26 W. Martin Luther King Dr., Cincinnati, Ohio
  45268. The identical methods are also in ``Methods for Chemical Analysis of Water and Wastes,'' EPA-600/4-79-
  020, March 1983, available from the National Technical Information Service (NTIS), U.S. Department of
  Commerce, 5285 Port Royal Rd., Springfield, Virginia 22161, PB84-128677. (Note: NTIS toll-free number is 800-
  553-6847.)
\3\ Annual Book of ASTM Standards, Editions 1994, 1996, 1998 and 1999, Volumes 11.01, American Society for
  Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428. Version D1293-84, ``Standard Test
  Methods for pH of Water'' is located in the Annual Book of ASTM Standards, 1994, Volumes 11.01. Version D1293-
  95, ``Standard Test Methods for pH of Water'' is located in the Annual Book of ASTM Standards, 1996, 1998 and
  1999, Volumes 11.01.
\4\ ``Technical Notes on Drinking Water,'' EPA-600/R-94-173, October 1994, Available at NTIS, PB95-104766.
\5\ ``Methods for the Determination of Inorganic Substances in Environmental Samples,'' EPA-600/R-93-100, August
  1993. Available at NTIS, PB94-121811
\6\ GLI Method 2, ``Turbidity,'' November 2, 1992, Great Lakes Instruments Inc., 8855 North 55th St., Milwaukee,
  Wisconsin 53223.

    (ii) Large systems. In addition to paragraph (a)(4)(i) of this 
section, you must arrange for testing of the samples according to the 
methods specified for each contaminant in Table 1, Unregulated 
Contaminant Monitoring Regulation (1999) List, in paragraph (a)(3) of 
this section, and in Appendix A of this section.

[[Page 425]]

    (iii) Small systems. Unless directed otherwise by the State or EPA, 
in addition to paragraph (a)(4)(i) of this section , you must:
    (A) Properly receive, store, maintain and use the sampling equipment 
sent to you from the laboratory designated by EPA;
    (B) Sample at the times specified by the State or the EPA;
    (C) Collect and pack samples in accordance with the instructions 
sent to you by the laboratory designated by EPA; and
    (D) Send the samples to the laboratory designated by EPA.
    (5) What specific sampling and quality control requirements must I 
follow for monitoring of List 1 contaminants? (i) All systems. Unless 
the State or EPA informs you of other sampling arrangements, you must 
comply with the following requirements:
    (A) Sample collection and shipping time. If you must ship the 
samples for testing, you must collect the samples early enough in the 
day to allow adequate time to send the samples for overnight delivery to 
the laboratory since some samples must be processed at the laboratory 
within 30 hours of collection. You must not collect samples on Friday, 
Saturday or Sunday because sampling on these days would not allow 
samples to be shipped and received at the laboratory within 30 hours.
    (B) No compositing of samples. You must not composite (that is, 
combine, mix or blend) the samples. You must collect, preserve and test 
each sample separately.
    (C) Review and reporting of results. After you have received the 
laboratory results, you must review and confirm the system information 
and data regarding sample collection and test results. You must report 
the results as provided in Sec.  141.35.
    (ii) Large systems. In addition to paragraph (a)(5)(i) of this 
section, you must comply with the following:
    (A) Timeframe. You must collect the samples in one twelve-month 
period during the years indicated in column 6 of Table 1, Unregulated 
Contaminant Monitoring Regulation (1999) List.
    (B) Frequency. You must collect the samples within the timeframe and 
according to the following frequency specified by contaminant type and 
water source type:

                       Table 3--Monitoring Frequency by Contaminant and Water Source Types
----------------------------------------------------------------------------------------------------------------
          Contaminant type              Water source type           Timeframe                 Frequency
----------------------------------------------------------------------------------------------------------------
Chemical...........................  Surface water.........  Twelve (12) months....  Four quarterly samples
                                                                                      taken as follows: Select
                                                                                      either the first, second,
                                                                                      or third month of a
                                                                                      quarter and sample in that
                                                                                      same month of each of four
                                                                                      (4) consecutive quarters a
                                                                                      to ensure that one of
                                                                                      those sampling events
                                                                                      occurs during the
                                                                                      vulnerable time.b
                                     Ground water..........  Twelve (12) months....  Two (2) times in a year
                                                                                      taken as follows: Sample
                                                                                      during one (1) month of
                                                                                      the vulnerable time b and
                                                                                      during one (1) month five
                                                                                      (5) to seven (7) months
                                                                                      earlier or later.c
Microbiological....................  Surface and ground      Twelve (12) months....  Six (6) times in a year
                                      water.                                          taken as follows: Select
                                                                                      either the first, second,
                                                                                      or third month of a
                                                                                      quarter and sample in that
                                                                                      same month of each of four
                                                                                      (4) consecutive quarters,
                                                                                      and sample an additional 2
                                                                                      months during the warmest
                                                                                      (vulnerable) quarter of
                                                                                      the year.d
----------------------------------------------------------------------------------------------------------------
a ``Select either the first, second, or third month of a quarter and sample in that same month of each of four
  (4) consecutive quarters'' means that you must monitor during each of the four (4) months of either: January,
  April, July, October; or February, May, August, November; or March, June, September, December.
b ``Vulnerable time'' means May 1 through July 31, unless the State or EPA informs you that it has selected a
  different time period for sampling as your system's vulnerable time.
c ``Sample during one (1) month of the vulnerable time and during one (1) month five (5) to seven (7) months
  earlier or later'' means, for example, that if you select May as your ``vulnerable time'' month to sample,
  then one (1) month five (5) to seven (7) months earlier would be either October, November or December of the
  preceding year, and one (1) month five (5) to seven (7) months later would be either, October, November, or
  December of the same year.
d This means that you must monitor during each of the six (6) months of either: January, April, July, August,
  September, October; or February, May, July, August, September, November; or March, June, July, August,
  September, December; unless the State or EPA informs you that a different vulnerable quarter has been selected
  for your system.


[[Page 426]]

    (C) Location. You must collect samples at the location specified for 
each listed contaminant in column 5 of the Table 1, UCMR (1999) List, in 
paragraph (a)(3) of this section. The sampling location for chemical 
contaminants must be the entry point to the distribution system or the 
compliance monitoring point specified by the State or EPA under 40 CFR 
141.24 (f)(1), (2), and (3). Except as provided in this paragraph 
(a)(5)(ii)(C), if the compliance monitoring point as specified by the 
State is for source (raw) water and any of the contaminants in paragraph 
(a)(3) of this section are detected, then you must complete the source 
water monitoring for the indicated timeframe and also sample at the 
entry point to the distribution system representative of the affected 
source water only for the contaminant(s) found in the source water over 
the next twelve month timeframe, beginning in the next required 
monitoring period as indicated in paragraph (a)(5)(ii)(B), Table 3 of 
this section, even though monitoring might extend beyond the last year 
indicated in column 6, Period during which monitoring to be completed, 
in Table 1 of paragraph (a)(3). Exception: If the State or EPA 
determines that sampling at the entry point to the distribution system 
is unnecessary because no treatment was instituted between the source 
water and the distribution system that would affect measurement of the 
contaminants listed in paragraph (a)(3) of this section, then you do not 
have to sample at the entry point to the distribution system. Note: The 
sampling for List 2 chemical contaminants must be at the entry point to 
the distribution system, as specified in Table 1, List 2.
    (D) Sampling instructions. You must follow the sampling procedure 
for the method specified in column 3 of List 1 of Table 1, Unregulated 
Contaminant Monitoring Regulation (1999) List, in paragraph (a)(3) of 
this section, for each contaminant.
    (E) Testing and analytical methods. For each listed contaminant, you 
must use the analytical method specified in column 3 of List 1 of Table 
1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, the minimum reporting levels in column 
4 of List 1 of Table 1, Unregulated Contaminant Monitoring Regulation 
(1999) List, in paragraph (a)(3) of this section, and the quality 
control procedures specified in Appendix A of this section.
    (F) Sampling deviations. If you do not collect a sample according to 
the procedures specified for a listed contaminant, you must resample 
within 14 days of observing the occurrence of the error (which may 
include notification from the laboratory that you must resample) 
following the procedures specified for the method. (This resampling is 
not for confirmation sampling but to correct the sampling error.)
    (G) Testing. (1) Except as provided in paragraph (a)(5)(ii)(G)(2) 
and (3) of this section, you must arrange for the testing of the 
contaminants identified in List 1 of Table 1 by a laboratory certified 
under Sec.  141.28 for compliance analysis using any of the analytical 
methods listed in column 3 for each contaminant in List 1 of Table 1, 
Unregulated Contaminant Monitoring Regulation (1999) List, in paragraph 
(a)(3) of this section, whether you use the EPA analytical methods or 
non-EPA methods listed in List 1 of Table 1. Laboratories are 
automatically certified for the analysis of UCMR contaminants in List 1 
of Table 1 if they are already certified to conduct compliance 
monitoring for a contaminant included in the same method being approved 
for UCMR analysis. Laboratories certified under Sec.  141.28 for 
compliance analysis using EPA Method 515.3 are automatically approved to 
conduct UCMR analysis using EPA Method 515.4.
    (2) You must arrange for the testing of Perchlorate as identified in 
List 1 of Table 1 by a laboratory certified under Sec.  141.28 for 
compliance analysis using an approved ion chromatographic method as 
listed in Sec.  141.28 and that has analyzed and successfully passed the 
Performance Testing (PT) Program administered by EPA.
    (3) You must arrange for the testing of the chemical contaminants 
identified in List 2 of Table 1 by a laboratory certified under Sec.  
141.28 for compliance analysis using EPA Method 525.2 if performing UCMR 
analysis using EPA

[[Page 427]]

Methods 526 or 528, or a laboratory certified under Sec.  141.28 for 
compliance analysis using EPA Methods 549.1 or 549.2 if performing UCMR 
analysis using EPA Method 532. You must arrange for the testing for 
Aeromonas using the approved method as identified in List 2 of Table 1 
by a laboratory which is both certified under Sec.  141.28 for 
compliance analysis for coliform indicator bacteria using an EPA 
approved membrane filtration procedure and which also has been granted 
approval for UCMR monitoring of Aeromonas by successfully passing the 
Aeromonas Performance Testing (PT) Program administered by EPA.
    (iii) Small systems that are part of the State Monitoring Plan. 
Unless directed otherwise by the State or EPA, in addition to paragraph 
(a)(5)(i) of this section, you must comply with the following:
    (A) Timeframe and frequency. You must collect samples at the times 
specified for you by the State or EPA, within the timeframe specified in 
paragraph (a)(5)(ii)(A) of this section and according to the frequency 
specified in paragraph (a)(5)(ii)(B) of this section for the contaminant 
type and water source type.
    (B) Location. You must collect samples at the locations specified 
for you by the State or EPA.
    (C) Sampling deviations. If you do not collect a sample according to 
the instructions provided to you for a listed contaminant, then you must 
report the deviation on the sample reporting form that you send to the 
laboratory with the samples. You must resample following instructions 
that you will be sent from EPA's designated laboratory or the State.
    (D) Sample kits. You must store and maintain the sample collection 
kits sent to you by EPA's designated laboratory in a secure place until 
used for sampling. You should read the instructions for each kit when 
you receive it. If indicated in the kit's instructions, you must freeze 
the cold packs. The sample kit will include all necessary containers, 
packing materials and cold packs, instructions for collecting the sample 
and sample treatment (such as dechlorination or preservation), report 
forms for each sample, contact name and telephone number for the 
laboratory, and a prepaid return shipping docket and return address 
label. If any of the materials listed in the kit's instructions are not 
included or arrive damaged, you must notify EPA's designated laboratory 
which sent you the sample collection kits.
    (E) Sampling instructions. You must comply with the instructions 
sent to you by the State or EPA concerning the use of containers, 
collection (how to fill the sample bottle), dechlorination and/or 
preservation, and sealing and preparing the sample and shipping 
containers for shipment. You must also comply with the instructions sent 
to you by EPA's designated laboratory concerning the handling of sample 
containers for specific contaminants.
    (F) Duplicate samples. EPA will select systems in the State 
Monitoring Plan that must collect duplicate samples for quality control. 
If your system is selected, you will receive two sample kits that you 
must use. You must use the same sampling protocols for both sets of 
samples, following the instructions in the duplicate sample kit.
    (G) Sampling forms. You must completely fill out the sampling forms 
sent to you by the laboratory, including the data elements 1 through 4 
listed in Sec.  141.35(d) for each sample. If EPA requests that you 
conduct field analysis of water quality parameters specified in 
paragraph (a)(4)(i)(B) of this section, you must also complete the 
sampling form to include the information for data elements 5 through 10 
listed in Sec.  141.35(d) for each sample. You must sign and date the 
sampling forms.
    (H) Sample submission. Once you have collected the samples and 
completely filled in the sampling forms, you must send the samples and 
the sampling forms to the laboratory designated in your instructions.
    (6) What additional requirements must I follow if my system is 
selected as an Index system? If your system is selected as an Index 
system in the State Monitoring Plan, you must assist the State or EPA in 
identifying appropriate sampling locations and provide information on 
which wells and intakes are in use at the time of sampling, well casing 
and screen depths (if known) for those

[[Page 428]]

wells, and the pumping rate of each well or intake at the time of 
sampling.
    (7) What must I do if my system is selected for the Screening 
Surveys or Pre-Screen Testing? (i) All systems. You must:
    (A) Analyze the additional parameters specified in paragraph Sec.  
141.40(a)(4)(i), Table 2, ``Water Quality Parameters to be Monitored 
with UCMR Contaminants'' for each relevant contaminant type. You must 
analyze the parameters for each sampling event of each sampling point, 
using the method indicated, and report the results using the data 
elements 1 through 10 in Table 1, Sec.  141.35(d), Unregulated 
Contaminant Monitoring Reporting requirements;
    (B) Review the laboratory results to ensure reliability; and
    (C) Report the results as specified in Sec.  141.35.
    (ii) Large systems. If your system serves over 10,000 persons, you 
must collect and arrange for testing of the contaminants in List 2 and 
List 3 of Table 1, Unregulated Contaminant Monitoring Regulation (1999) 
List, in paragraph (a)(3) of this section, in accordance with the 
requirements set out in paragraphs (a)(4) and (5) of this section, with 
one exception: you must sample only at sampling locations specified in 
Table 1. You must send the samples to one of the laboratories approved 
under paragraph (G), this section. You are also responsible for 
reporting these results as required in Sec.  141.35.
    (iii) Small systems. If your system serves 10,000 or fewer persons, 
you must collect samples in accordance with the instructions sent to you 
by the EPA or State, or, if informed by the EPA or State that the EPA or 
State will collect the sample, you must assist the State or EPA in 
identifying the appropriate sampling locations and in taking the 
samples. EPA will report the results to you and the State.
    (8) What is a violation of this Rule? (i) Any failure to monitor in 
accordance with Sec.  141.40(a)(3) through (7) and Appendix A is a 
monitoring violation. (ii) Any failure to report in accordance with 
Sec.  141.35 is a reporting violation.
    (b) Requirements for State and Tribal Participation. (1) How can I, 
as the director of a State or Tribal drinking water program, participate 
in unregulated contaminant monitoring, including Assessment Monitoring 
(which includes the State Monitoring Plan for small systems), the 
Screening Surveys, and Pre-Screen Testing of all systems? You can enter 
into a Memorandum of Agreement (MOA) with the EPA that describes your 
State's or Tribe's activities to:
    (i) Accept or modify the initial plan. EPA will first specify the 
systems serving 10,000 or fewer persons by water source and size in an 
initial State Monitoring Plan for each State using a random number 
generator. EPA will also generate a replacement list of systems for 
systems that may not have been correctly specified on the initial plan. 
This initial State Monitoring Plan will also indicate the year and day, 
plus or minus two (2) weeks from the day, that each system must monitor 
for the contaminants in List 1 of Table 1 of this section, Unregulated 
Contaminant Monitoring Regulation (1999) List. EPA will provide you with 
the initial monitoring plan for your State or Tribe, including systems 
to be Index systems and those systems to be part of the Screening 
Surveys. Within sixty (60) days of receiving your State's initial plan, 
you may notify EPA that you either accept it as your State Monitoring 
Plan or request to modify the initial plan by removing systems that have 
closed, merged or are purchasing water from another system and replacing 
them with other systems. Any purchased water system associated with a 
non-purchased water system must be added to the State Monitoring Plan if 
the State determines that its distribution system is the location of the 
maximum residence time or lowest disinfectant residual of the combined 
distribution system. In this case, the purchased water system must 
monitor for the contaminants for which the ``distribution system'' is 
identified as the point of ``maximum residence time'' or ``lowest 
disinfectant residual,'' depending on the contaminant, and not the 
community water system selling water to it. You must replace any systems 
you removed from the initial plan with systems from the replacement list 
in the order they are listed. Your request

[[Page 429]]

to modify the initial plan must include the modified plan and the 
reasons for the removal and replacement of systems. If you believe that 
there are reasons other than those previously listed for removing and 
replacing one or more other systems from the initial plan, you may 
include those systems and their replacement systems in your request to 
modify the initial plan. EPA will review your request to modify your 
State's initial plan. Please note that information about the actual or 
potential occurrence or non-occurrence of contaminants at a system or a 
system's vulnerability to contamination is not a basis for removal from 
or addition to the plan.
    (ii) Determine an alternate vulnerable time. Within 60 days of 
receiving the initial State Monitoring Plan, you may also determine that 
the most vulnerable time of the year for any or all of the systems in 
the plan, and for any of the large systems that must monitor, is some 
period other than May 1 through July 31. If you make this determination, 
you must modify the initial plan to indicate the alternate vulnerable 
time and to which systems the alternate vulnerable time applies. EPA 
will review these determinations when you submit your request to modify 
your State's initial monitoring plan to the EPA. You must notify the 
small system(s) in your final State Monitoring Plan and the large 
system(s) of the most vulnerable time(s) of the year that you have 
specified for them to sample for one of their sampling events. You must 
notify them at least 90 days before their first unregulated contaminant 
sampling is to occur. You may need to consider the timing of monitoring 
in paragraph (b)(1)(iii) of this section.
    (iii) Modify the timing of monitoring. Within sixty (60) days of 
receiving the initial plan, you may also modify the plan by selecting an 
alternative year and day, plus or minus two (2) weeks, within the years 
specified in column 6, List 1 of Table 1, Unregulated Contaminant 
Monitoring Regulation (1999) List, in paragraph (a)(3) of this section, 
for monitoring for each system in the initial plan as long as 
approximately one-third of the systems in the State Plan monitor in each 
of the three (3) years listed. This monitoring may be coordinated with 
regulated contaminant compliance monitoring at your discretion. You must 
send the modified plan to EPA.
    (iv) Identify alternate sampling points for small systems in the 
State Monitoring Plan. All systems are required to monitor for the 
contaminants at the sampling locations specified in column 5, List 1 of 
Table 1, Unregulated Contaminant Monitoring Regulation (1999) List, in 
paragraph (a)(3) of this section, unless the State specifies an 
alternate compliance sampling point as the sampling location. If the 
compliance sampling points for the small systems in the State Monitoring 
Plan are different than those specified in paragraph (a)(3) of this 
section, then you must indicate these sampling points in the plan. These 
alternative sampling points must allow proper sampling and testing for 
the unregulated contaminants.
    (v) Notify small and large systems of their monitoring 
responsibilities. You must provide notification to systems in the plan 
and, where appropriate, the large systems, at least ninety (90) days 
before sampling must occur.
    (vi) Provide instructions to systems that are part of the final 
State Monitoring Plan. You must send a monitoring schedule to each 
system listed in the State Monitoring Plan and instructions on location, 
frequency, timing of sampling, use of sampling equipment, and handling 
and shipment of samples based on these regulations. EPA will provide you 
with guidance for these instructions. If you perform the sampling or 
make alternative arrangements for the sampling at the systems in the 
plan, you must inform EPA at least six (6) months before the first 
monitoring is to occur and address the alternative monitoring 
arrangements in the MOA.
    (vii) Participate in monitoring for the Screening Surveys for small 
and large systems. Within 120 days prior to sampling, EPA will notify 
you which systems have been selected to participate in the Screening 
Surveys, the sampling dates, the designated laboratory for testing, and 
instructions for sampling. You must review the small systems that EPA 
selected for the State Monitoring Plan to ensure that the systems are 
not closed, merged or purchasing water

[[Page 430]]

from another system (unless the system is to conduct monitoring for a 
contaminant with the sampling location specified as ``distribution 
system''), and then make any replacements in the plan, as described in 
paragraph (b)(1)(i) of this section. You must notify the selected 
systems in your State of these Screening Surveys requirements. You must 
provide the necessary Screening Surveys information to the selected 
systems at least ninety (90) days prior to the sampling date.
    (viii) Participate in monitoring for Pre-Screen Testing for small 
and large systems. You can participate in Pre-Screen Testing in two 
ways.
    (A) First, within ninety (90) days of EPA's letter to you concerning 
initiation of Pre-Screen Testing for specific contaminants, you can 
identify from five (5) up to twenty-five (25) systems in your State that 
you determine to be representative of the most vulnerable systems to 
these contaminants, modify your State Monitoring Plan to include these 
most vulnerable systems if any serve 10,000 or fewer persons, and notify 
EPA of the addition of these systems to the State Plan. These systems 
must be selected from all community and non-transient noncommunity water 
systems. EPA will use the State-identified vulnerable systems to select 
up to 200 systems nationally to be monitored considering the 
characteristics of the contaminants, precipitation, system operation, 
and environmental conditions.
    (B) Second, within 120 days prior to sampling, EPA will notify you 
which systems have been selected, sampling dates, the designated 
laboratory for testing of samples for systems serving 10,000 or fewer 
persons and approved laboratories for systems serving more than 10,000 
persons, and instructions for sampling. You must notify the owners or 
operators of the selected systems in your State of these Pre-Screen 
Testing requirements. At least ninety (90) days prior to the sampling 
date, you must provide the necessary Pre-Screen Testing information to 
the owners or operators of the selected systems and then inform EPA that 
you took this action to allow sufficient time for EPA to ensure 
laboratory readiness.
    (ix) Revise system's treatment plant location(s) to include latitude 
and longitude. For reporting to the Safe Drinking Water Information 
System, EPA already requires reporting of either the latitude and 
longitude or the street address for the treatment plant location. If the 
State enters into an MOA, the State must report each system's treatment 
plant location(s) as latitude and longitude (in addition to street 
address, if previously reported) by the time of the system's reporting 
of Assessment Monitoring results to the National Drinking Water 
Contaminant Occurrence Database. The State may use the latitude and 
longitude of facilities related to the public water system on the same 
site, or closely adjacent to the same site as the treatment plant, such 
as the latitude and longitude of the intake or wellhead/field or the 
entry point to the distribution system, if such measurements are 
available.
    (2) What if I decide not to participate in an MOA? If you decide not 
to enter into an MOA with EPA to develop the State Monitoring Plan for 
small systems, the initial monitoring plan that EPA sent you will become 
the final State Monitoring Plan for your State or Tribe. In that case, 
you may still notify each public water system of its selection for the 
plan and instructions for monitoring as long as you notify EPA that you 
will be undertaking this responsibility at least six (6) months prior to 
the first unregulated contaminant monitoring.
    (3) Can I add contaminants to the Unregulated Contaminant Monitoring 
List? Yes, the SDWA allows Governors of seven (7) or more States to 
petition the EPA Administrator to add one or more contaminants to the 
Unregulated Contaminant Monitoring Regulation (1999) List, in paragraph 
(a)(3) of this section. The petition must clearly identify the reason(s) 
for adding the contaminant(s) to the monitoring list in paragraph (a)(3) 
of this section, including the potential risk to public health, 
particularly any information that might be available regarding 
disproportional risks to the health and safety of children, the expected 
occurrence documented by any available data, any analytical methods 
known or

[[Page 431]]

proposed to be used to test for the contaminant(s), and any other 
information that could assist the Administrator in determining which 
contaminants present the greatest public health concern and should, 
therefore, be included on the Unregulated Contaminant Monitoring 
Regulation (1999) List, in paragraph (a)(3) of this section.
    (4) Can I waive monitoring requirements? Only with EPA approval and 
under very limited conditions. Conditions and procedures for obtaining 
the only type of waiver available under these regulations are as 
follows:
    (i) Application. You may apply to EPA for a State-wide waiver from 
the unregulated contaminant monitoring requirements for public water 
systems serving more than 10,000 persons. To apply for such a waiver, 
you must submit an application to EPA that includes the following 
information:
    (A) the list of contaminants on the Unregulated Contaminant 
Monitoring List for which you request a waiver, and
    (B) documentation for each contaminant in your request demonstrating 
that the contaminants have not been used, applied, stored, disposed of, 
released, naturally present or detected in the source waters or 
distribution systems in your State during the past 15 years, and that it 
does not occur naturally in your State.
    (ii) Approval. EPA will notify you if EPA agrees to waive monitoring 
requirements.

Appendix A to Sec.  141.40--Quality Control Requirements for Testing All 
                            Samples Collected

    Your system must ensure that the quality control requirements listed 
below for testing of samples collected and submitted under Sec.  141.40 
are followed:
    (1) Sample Collection/Preservation. Follow the sample collection and 
preservation requirements for the specified method for each of the 
contaminants in Table 1, UCMR (1999) List, in paragraph (a)(3) of this 
section. These requirements specify sample containers, collection, 
dechlorination, preservation, storage, sample holding time, and extract 
storage and/or holding time that the laboratory must follow.
    (2) Detection Limit. Calculate the laboratory detection limit for 
each contaminant in Table 1, Unregulated Contaminant Monitoring 
Regulation (1999) List, of paragraph (a)(3) of this section using the 
appropriate procedure in the specified method with the exception that 
the contaminant concentration used to fortify reagent water must be less 
than or equal to the minimum reporting level (MRL) for the contaminants 
as specified in column 4, Table 1, UCMR (1999) List, in paragraph (a)(3) 
of this section. The calculated detection limit is equal to the standard 
deviation times the Student's t value for 99% confidence level with n-1 
degrees of freedom. (The detection limit must be less than or equal to 
one-half of the MRL.)
    (3) Calibration. Follow the initial calibration requirements as 
specified in the method utilized. Calibration must be verified initially 
with a low-level standard at a concentration at or below the MRL for 
each contaminant. Perform a continuing calibration verification 
following every 10th sample. The calibration verification must be 
performed by alternating low-level and mid-level calibration standards. 
The low-level standard is defined as a concentration at or below the MRL 
with an acceptance range of +-40%. The mid-level standard is in the 
middle of the calibration range with an acceptance range of +-20%.
    (4) Reagent Blank Analysis. Analyze one laboratory reagent (method) 
blank per sample set/batch that is treated exactly as a sample. The 
maximum allowable background concentration is one-half of the MRL for 
all contaminants. A field reagent blank is required only for EPA Method 
524.2 (or equivalent listed methods, D5790.95, SM6210D, and SM6200B).
    (5) Quality Control Sample. Obtain a quality control sample from an 
external source to check laboratory performance at least once each 
quarter.
    (6) Matrix Spike and Duplicate. Prepare and analyze the sample 
matrix spike (SMS) for accuracy and matrix spike duplicate (MSD) samples 
for precision to determine method accuracy and precision for all 
contaminants in Table 1, Unregulated Contaminant Monitoring Regulation 
(1999) List, in paragraph (a)(3) of this section. SMS/MSD samples must 
be prepared and analyzed at a frequency of 5% (or one SMS/MSD set per 
every 20 samples) or with each sample batch whichever is more frequent. 
In addition, the SMS/MSD spike concentrations must be alternated between 
a low-level spike and mid-level spike approximately 50% of the time. 
(For example: a set of 40 samples will require preparation and analysis 
of two SMS/MSD sets. The first set must be spiked at either the low-
level or mid level, and the second set must be spiked with the other 
standard, either the low-level or mid-level, whichever was not used for 
the initial SMS/MSD set). The low-level SMS/MSD spike concentration must 
be within +-20% of the MRL for each contaminant. The mid-level SMS/MSD 
spike concentration must be within +-20% of the

[[Page 432]]

mid-level calibration standard for each contaminant, and should 
represent, where possible, an approximate average concentration observed 
in previous analyses of that analyte. The spiking concentrations must be 
reported in the same units of measure as the analytical results.
    (7) Internal Standard Calibration. As appropriate to a method's 
requirements to be used, test and obtain an internal standard for the 
methods for each chemical contaminant in Table 1, Unregulated 
Contaminant Monitoring Regulation (1999) List, in paragraph (a)(3) of 
this section, a pure contaminant of known concentration, for calibration 
and quantitation purposes. The methods specify the percent recovery or 
response that you must obtain for acceptance.
    (8) Method Performance Test. As appropriate to a method's 
requirements, test for surrogate compounds, a pure contaminant unlikely 
to be found in any sample, to be used to monitor method performance. The 
methods specify the percent recovery that you must obtain for 
acceptance.
    (9) Detection Confirmation. Confirm any chemical contaminant 
analyzed using a gas chromatographic method and detected above the MRL, 
by gas chromatographic/mass spectrometric (GC/MS) methods. If testing 
resulted in first analyzing the sample extracts via specified gas 
chromatographic methods, an initial confirmation by a second column 
dissimilar to the primary column may be performed. If the contaminant 
detection is confirmed by the secondary column, then the contaminant 
must be reconfirmed by GC/MS using three (3) specified ion peaks for 
contaminant identification. Use one of the following confirming 
techniques: perform single point calibration of the GC/MS system for 
confirmation purposes only as long as the calibration standard is at a 
concentration within +- 50% of the concentration determined by the 
initial analysis; or perform a three (3) point calibration with single 
point daily calibration verification of the GC/MS system regardless of 
whether that verification standard concentration is within +- 50% of 
sample response. If GC/MS analysis confirms the initial contaminant 
detection, report results determined from the initial analysis.
    (10) Reporting. Report the analytical results and other data, with 
the required data listed in 40 CFR 141.35, Table 1. Report this data 
electronically to EPA, unless EPA specifies otherwise, and provide a 
copy to the State. Systems must coordinate with their laboratories for 
electronic reporting to EPA to ensure proper formatting and timely data 
submission.
    (11) Method Defined Quality Control. As appropriate to the method's 
requirements, perform analysis of Laboratory Fortified Blanks and 
Laboratory Performance Checks as specified in the method. Each method 
specifies acceptance criteria for these quality control checks.

[64 FR 50612, Sept. 17, 1999, as amended at 65 FR 11382, Mar. 2, 2000; 
66 FR 2302, Jan. 11, 2001; 66 FR 27215, May 16, 2001; 66 FR 46225, Sept. 
4, 2002; 67 FR 65900, Oct. 29, 2002]