[Code of Federal Regulations]

[Title 40, Volume 22]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR141.2]



[Page 345-351]

 

                   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



[[Page 346]]



Sec. 141.80(c) which determines, in some 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





[[Page 347]]







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

inactivation ratio shown as

[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 ness due to the type of radiation and its distribution in the 

body as speci fied by the International Commission on 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,



[[Page 348]]



based on continuous turbidity measurements or total particle counts 

versus time for an entire filter run, 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.



[[Page 349]]



    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 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.



[[Page 350]]



    Point-of-use treatment device (POU) is a treat ment device applied 

to a single tap used for the purpose of reducing con tam i nants in 

drinking water at that one tap.

    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



[[Page 351]]



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 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 

milligrams per liter of the trihalo methane compounds (trichloromethane 

[chloro form], dibromochloromethane, bromodichloro methane and 

tribromomethane [bromoform]), rounded 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 as derivatives of methane, wherein three of the four hydrogen 

atoms in methane are each sub stituted by a halogen atom in the 

molecular struc 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]