[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: 40CFR141.40]



[Page 417-431]

 

                   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 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.



[[Page 418]]



    (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 

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:



[[Page 419]]







                       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 [micro]g/      EPTDS f    2001-2003

                                                                        a          L e

2, 6 dinitrotoluene....................        606-20-2  EPA Method 525.2  2 [micro]g/      EPTDS f    2001-2003

                                                                        a          L e

Acetochlor.............................      34256-82-1  EPA Method 525.2  2 [micro]g/      EPTDS f    2001-2003

                                                                        a          L o

DCPA mono-acid degradate h.............        887-54-7  EPA Method 515.1  1 [micro]g/      EPTDS f    2001-2003

                                                            a, EPA Method          L e

                                                             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 [micro]g/      EPTDS f    2001-2003

                                                            a, EPA Method          L e

                                                             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      EPTDS f    2001-2003

                                                            a, EPA Method   [micro]g/L

                                                             508.1 a, EPA            e

                                                          Method 525.2 a,

                                                         D5812-96 b, AOAC

                                                                 990.06 c

EPTC...................................        759-94-4    EPA Method 507  1 [micro]g/      EPTDS f    2001-2003

                                                            a, EPA Method          L e

                                                          525.2 a, D5475-

                                                               93 b, AOAC

                                                                 991.07 c

Molinate...............................       2212-67-1    EPA Method 507          0.9      EPTDS f    2001-2003

                                                            a, EPA Method   [micro]g/L

                                                          525.2 a, D5475-            e

                                                               93 b, AOAC

                                                                 991.07 c

MTBE...................................       1634-04-4  EPA Method 502.2  5 [micro]g/      EPTDS f    2001-2003

                                                            a,n, SM 6200C          L g

                                                          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 [micro]g/     EPTDS f    2001-2003

                                                           a, D5790-95 b,          L g

                                                               SM6210D d,

                                                                SM6200B d

Perchlorate............................      14797-73-0  EPA Method 314.0  4 [micro]g/      EPTDS f    2001-2003

                                                                        l          L m

Terbacil...............................       5902-51-2    EPA Method 507  2 [micro]g/      EPTDS f    2001-2003

                                                            a, EPA Method          L e

                                                          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.



[[Page 420]]





\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 National Archives and Records

  Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go

  to: http://www.archives.gov/federal--register/code--of--federal--regulations/ibr--locations.html.

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 [micro]g/L times 10, whichever is greater. The detection limit of 0.5

  [micro]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.

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 [micro]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 [micro]g/L f.......  EPTDS e..............  Same as above.

2,4-dichlorophenol.................  120-83-2..............  EPA Method 528 b......  1 [micro]g/L f.......  EPTDS e..............  Same as above.

2,4-dinitrophenol..................  51-28-5...............  EPA Method 528 b......  5 [micro]g/L f.......  EPTDS e..............  Same as above.

2,4,6-trichlorophenol..............  88-06-2...............  EPA Method 528 b......  1 [micro]g/L f.......  EPTDS e..............  Same as above.

Alachlor ESA.......................  Reserved d............  Reserved d............  Reserved d...........  Reserved d...........  Reserved d



[[Page 421]]





Diazinon...........................  333-41-5..............  EPA Method 526 a......  0.5 [micro]g/L f.....  EPTDS e..............  2001--Selected

                                                                                                                                    Systems serving

                                                                                                                                    <=10,000 persons;

                                                                                                                                   2002--Selected

                                                                                                                                    systems serving  10,000

                                                                                                                                    persons.

Disulfoton.........................  298-04-4..............  EPA Method 526 a......  0.5 [micro]g/L f.....  EPTDS e..............  Same as above.

Diuron.............................  330-54-1..............  EPA Method 532 c......  1 [micro]g/L f.......  EPTDS e..............  Same as above.

Fonofos............................  944-22-9..............  EPA Method 526 a......  0.5 [micro]g/L f.....  EPTDS e..............  Same as above.

Linuron............................  330-55-2..............  EPA Method 532 c......  1 [micro]g/L f.......  EPTDS e..............  Same as above.

Nitrobenzene.......................  98-95-3...............  EPA Method 526 a......  0.5 [micro]g/L f.....  EPTDS e..............  Same as above.

Prometon...........................  1610-18-0.............  EPA Method 526 a......  0.5 [micro]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 [micro]g/L f.....  EPTDS e..............  2001--Selected

                                                                                                                                    Systemsserving

                                                                                                                                    <=10,000 persons;

                                                                                                                                   2002-Selected systems

                                                                                                                                    serving 

                                                                                                                                    10,000 persons.

--------------------------------------------------------------------------------------------------------------------------------------------------------





--------------------------------------------------------------------------------------------------------------------------------------------------------

                                           List 2--Screening Survey Microbiological Contaminants To Be Sampled

---------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                                                                                   6-Period during which

           1-Contaminant                2-Identification      3-Analytical methods    4-Minimum  reporting   5-Sampling  location     monitoring to be

                                             number                                          level                                       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.

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 National Archives and Records Administration (NARA). For information on the

  availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal--register/code--of--federal--regulations/ibr--

  locations.html.

\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.



[[Page 422]]





\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.

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.



[[Page 423]]







                    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 National Archives and Records Administration (NARA).

  For information on the availability of this material at NARA, call 202-741-6030, or go to: http://

  www.archives.gov/federal--register/code--of--federal--regulations/ibr--locations.html.

\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.

    (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.



[[Page 424]]



    (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.



    (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



[[Page 425]]



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 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



[[Page 426]]



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 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



[[Page 427]]



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 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



[[Page 428]]



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 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



[[Page 429]]



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 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



[[Page 430]]



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 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,



[[Page 431]]



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]