[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.16]
[Page 639-651]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of
Subpart B_Primary Enforcement Responsibility
Sec. 142.16 Special primacy requirements.
(a) State public notification requirements.
(1) Each State that has primary enforcement authority under this
part must submit complete and final requests for approval of program
revisions to adopt the requirements of Subpart Q of Part 141 of this
chapter, using the procedures in Sec. 142.12(b) through (d). At its
option, a State may, by rule, and after notice and comment, establish
alternative public notification requirements with respect to the form
and content of the public notice required under Subpart Q of Part 141 of
this chapter. The alternative requirements must provide the same type
and amount of information required under Subpart Q and must meet the
primacy requirements under Sec. 142.10.
(2) As part of the revised primacy program, a State must also
establish enforceable requirements and procedures when the State adds to
or changes the requirements under:
(i) Table 1 to 40 CFR 141.201(a)(Item (3)(v))--To require public
water systems to give a public notice for violations or situations other
than those listed in Appendix A of Subpart Q of Part 141 of this
chapter;
(ii) 40 CFR 141.201(c)(2)--To allow public water systems, under the
specific circumstances listed in Sec. 141.201(c)(2), to limit the
distribution of the public notice to persons served by the portion of
the distribution system that is out of compliance;
(iii) Table 1 of 40 CFR 141.202(a) (Items (5), (6), and (9))--To
require public water systems to give a Tier 1 public notice (rather than
a Tier 2 or Tier 3 notice) for violations or situations listed in
Appendix A of Subpart Q of Part 141 of this chapter;
(iv) 40 CFR 141.202(b)(3)--To require public water systems to comply
with additional Tier 1 public notification requirements set by the State
subsequent to the initial 24-hour Tier 1 notice, as a result of their
consultation with the State required under Sec. Sec. 141.202(b)(2);
(v) 40 CFR 141.202(c), 141.203(c) and 141.204(c)--To require a
different form and manner of delivery for Tier 1, 2 and 3 public
notices.
(vi) Table 1 to 40 CFR 141.203(a) (Item (2))--To require the public
water systems to provide a Tier 2 public notice (rather than Tier (3))
for monitoring or testing procedure violations specified by the State;
(vii) 40 CFR 141.203(b)(1)--To grant public water systems an
extension up to three months for distributing the Tier 2 public notice
in appropriate circumstances (other than those specifically excluded in
the rule);
(viii) 40 CFR 141.203(b)(2)--To grant a different repeat notice
frequency for the Tier 2 public notice in appropriate
[[Page 640]]
circumstances (other than those specifically excluded in the rule), but
no less frequently than once per year;
(ix) 40 CFR 141.203(b)(3)--To respond within 24 hours to a request
for consultation by the public water system to determine whether a Tier
1 (rather than a Tier 2) notice is required for a turbidity MCL
violation under Sec. 141.13(b) or a SWTR/IESWTR TT violation due to a
single exceedance of the maximum allowable turbidity limit;
(x) 40 CFR 141.205(c)--To determine the specific multilingual
requirement for a public water system, including defining ``large
proportion of non-English-speaking consumers.''
(b) Requirements for States to adopt 40 CFR part 141, subpart H
Filtration and Disinfection. In addition to the general primacy
requirements enumerated elsewhere in this part, including the
requirement that State provisions are no less stringent than the federal
requirements, an application for approval of a State program revision
that adopts 40 CFR part 141, subpart H Filtration and Disinfection, must
contain the information specified in this paragraph (b), except that
States which require without exception all public water systems using a
surface water source or a ground water source under the direct influence
of surface water to provide filtration need not demonstrate that the
State program has provisions that apply to systems which do not provide
filtration treatment. However, such States must provide the text of the
State statutes or regulations which specifies that all public water
systems using a surface water source or a ground water source under the
direct influence of surface water must provide filtration.
(1) Enforceable requirements. (i) In addition to adopting criteria
no less stringent than those specified in part 141, subpart H of this
chapter, the State's application must include enforceable design and
operating criteria for each filtration treatment technology allowed or a
procedure for establishing design and operating conditions on a system-
by-system basis (e.g., a permit system).
(ii) States must have the appropriate rules or other authority to
assure that PWSs respond in writing to significant deficiencies outlined
in sanitary survey reports required under paragraph (b)(3) of this
section no later than 45 days after receipt of the report, indicating
how and on what schedule the system will address significant
deficiencies noted in the survey.
(iii) States must have the appropriate rules or other authority to
assure that PWSs take necessary steps to address significant
deficiencies identified in sanitary survey reports required under
paragraph (b)(3) of this section, if such deficiencies are within the
control of the PWS and its governing body.
(2) State practices or procedures. (i) A State application for
program revision approval must include a description of how the State
will accomplish the following:
(A) Section 141.70(c) (qualification of operators)--Qualify
operators of systems using a surface water source or a ground water
source under the direct influence of surface water.
(B) Determine which systems using a ground water source are under
the direct influence of surface water by June 29, 1994 for community
water systems and by June 29, 1999 for non-community water systems.
(C) Section 141.72(b)(1) (achieving required Giardia lamblia and
virus removal in filtered systems)--Determine that the combined
treatment process incorporating disinfection treatment and filtration
treatment will achieve the required removal and/or inactivation of
Giardia lamblia and viruses.
(D) Section 141.74(a) (State approval of parties to conduct
analyses)--approve parties to conduct pH, temperature, turbidity, and
residual disinfectant concentration measurements.
(E) Determine appropriate filtration treatment technology for source
waters of various qualities.
(ii) For a State which does not require all public water systems
using a surface water source or ground water source under the direct
influence of surface water to provide filtration treatment, a State
application for program revision approval must include a description of
how the State will accomplish the following:
(A) Section 141.71(b)(2) (watershed control program)--Judge the
adequacy of watershed control programs.
[[Page 641]]
(B) Section 141.71(b)(3) (approval of on-site inspectors)--Approve
on-site inspectors other than State personnel and evaluate the results
of on-site inspections.
(iii) For a State which adopts any of the following discretionary
elements of part 141 of this chapter, the application must describe how
the State will:
(A) Section 141.72 (interim disinfection requirements)--Determine
interim disinfection requirements for unfiltered systems which the State
has determined must filter which will be in effect until filtration is
installed.
(B) Section 141.72 (a)(4)(ii) and (b)(3)(ii) (determination of
adequate disinfection in system without disinfectant residual)--
Determine that a system is unable to measure HPC but is still providing
adequate disinfection in the distribution system, as allowed by Sec.
141.72(a)(4)(ii) for systems which do not provide filtration treatment
and Sec. 141.72(b)(3)(ii) for systems which do provide filtration
treatment.
(C) Section 141.73 (a)(1) and (b)(1) (alternative turbidity limit)--
Determine whether an alternative turbidity limit is appropriate and what
the level should be as allowed by Sec. 141.73(a)(1) for a system using
conventiona1 filtration treatment or direct filtration and by Sec.
141.73(b)(1) for a system using slow sand filtration.
(D) Section 141.73(d) (alternative filtration technologies)--
Determine that a public water system has demonstrated that an alternate
filtration technology, in combination with disinfection treatment,
achieves adequate removal and/or disinfection of Giardia lamblia and
viruses.
(E) Section 141.74(a)(5) (alternate analytical method for
chlorine)--Approve DPD colorimetric test kits for free and combined
chlorine measurement or approve calibration of automated methods by the
Indigo Method for ozone determination.
(F) Section 141.74 (b)(2) and (c)(1) (approval of continuous
turbidity monitoring)--Approve continuous turbidity monitoring, as
allowed by Sec. 141.74(b)(2) for a public water system which does not
provide filtration treatment and Sec. 141.74(c)(1) for a system which
does provide filtration treatment.
(G) Section 141.74 (b)(6)(i) and (c)(3)(i) (approval of alternate
disinfectant residual concentration sampling plans)--Approve alternate
disinfectant residual concentration sampling plans for systems which
have a combined ground water and surface water or ground water and
ground water under the direct influence of a surface water distribution
system, as allowed by Sec. 141.74(b)(6)(i) for a public water system
which does not provide filtration treatment and Sec. 141.74(c)(3)(i)
for a public water system which does provide filtration treatment.
(H) Section 141.74(c)(1) (reduction of turbidity monitoring)--Decide
whether to allow reduction of turbidity monitoring for systems using
slow sand filtration, an approved alternate filtration technology or
serving 500 people or fewer.
(I) Section 141.75 (a)(2)(ix) and (b)(2)(iv) (reduced reporting)--
Determine whether reduced reporting is appropriate, as allowed by Sec.
141.75(a)(2)(ix) for a public water system which does not provide
filtration treatment and Sec. 141.75(b)(2)(iv) for a public water
system which does provide filtration treatment.
(iv) For a State which does not require all public water systems
using a surface water source or ground water source under the direct
influence of surface water to provide filtration treatment and which
uses any of the following discretionary provisions, the application must
describe how the State will:
(A) Section 141.71(a)(2)(i) (source water turbidity requirements)--
Determine that an exceedance of turbidity limits in source water was
caused by circumstances that were unusual and unpredictable.
(B) Section 141.71(b)(1)(i) (monthly CT compliance requirements)--
Determine whether failure to meet the requirements for monthly CT
compliance in Sec. 141.72(a)(1) was caused by circumstances that were
unusual and unpredictable.
(C) Section 141.71(b)(1)(iii) (residual disinfectant concentration
requirements)--Determine whether failure to meet the requirements for
residual disinfectant concentration entering the distribution system in
Sec. 141.72(a)(3)(i)
[[Page 642]]
was caused by circumstances that were unusual and unpredictable.
(D) Section 141.71(b)(1)(iv) (distribution system disinfectant
residual concentration requirements)--Determine whether failure to meet
the requirements for distribution system residual disinfectant
concentration in Sec. 141.72(a)(4) was related to a deficiency in
treatment.
(E) Section 141.71(b)(4) (system modification to prevent waterborne
disease outbreak)--Determine that a system, after having been identified
as the source of a waterborne disease outbreak, has been modified
sufficiently to prevent another such occurrence.
(F) Section 141.71(b)(5) (total coliform MCL)--Determine whether a
total coliform MCL violation was caused by a deficiency in treatment.
(G) Section 141.72(a)(1) (disinfection requirements)--Determine that
different ozone, chloramine, or chlorine dioxide CT99.9
values or conditions are adequate to achieve required disinfection.
(H) Section 141.72(a)(2)(ii) (shut-off of water to distribution
system)--Determine whether a shut-off of water to the distribution
system when the disinfectant residual concentration entering the
distribution system is less than 0.2 mg/1 will cause an unreasonable
risk to health or interfere with fire protection.
(I) Section 141.74(b)(1) (coliform monitoring)--Determine that
coliform monitoring which otherwise might be required is not feasible
for a system.
(J) Section 141.74(b), table 3.1 (disinfection with chloramines)--
Determine the conditions to be met to insure 99.99 percent removal and/
or inactivation of viruses in systems which use either preformed
chloramines or chloramines for which ammonia is added to the water
before chlorine, as allowed by table 3.1.
(3) Sanitary survey. In addition to the general requirements for
sanitary surveys contained in Sec. 142.10(b)(2), an application must
describe how the State will implement a sanitary survey program that
meets the requirements in paragraphs (b)(3)(i) through (v) of this
section. For the purposes of this paragraph, ``sanitary survey'' means
an onsite review of the water source (identifying sources of
contamination using results of source water assessments where
available), facilities, equipment, operation, maintenance, and
monitoring compliance of a public water system to evaluate the adequacy
of the system, its sources and operations and the distribution of safe
drinking water.
(i) The State must conduct sanitary surveys for all surface water
systems (including groundwater under the influence) that address the
eight sanitary survey components listed in paragraphs (b)(3)(i)(A)
through (H) of this section no less frequently than every three years
for community systems and no less frequently than every five years for
noncommunity systems. The State may allow sanitary surveys conducted
after December 1995 to serve as the first set of required sanitary
surveys if the surveys address the eight sanitary survey components
listed in paragraphs (b)(3)(i)(A) through (H) of this section.
(A) Source.
(B) Treatment.
(C) Distribution system.
(D) Finished water storage.
(E) Pumps, pump facilities, and controls.
(F) Monitoring and reporting and data verification.
(G) System management and operation.
(H) Operator compliance with State requirements.
(ii) For community systems determined by the State to have
outstanding performance based on prior sanitary surveys, subsequent
sanitary surveys may be conducted no less than every five years. In its
primacy application, the State must describe how it will decide whether
a system has outstanding performance and is thus eligible for sanitary
surveys at a reduced frequency.
(iii) Components of a sanitary survey may be completed as part of a
staged or phased state review process within the established frequency.
(iv) When conducting sanitary surveys for systems required to comply
with the disinfection profiling requirements in Sec. 141.172 of this
chapter, the State must also review the disinfection profile as part of
the sanitary survey.
(v) In its primacy application, the State must describe how it will
decide
[[Page 643]]
whether a deficiency identified during a sanitary survey is significant
for the purposes of paragraph (b)(1)(ii) of this section.
(c) Total coliform requirements. In addition to meeting the general
primacy requirements of this part, an application for approval of a
State program revision that adopts the requirements of the national
primary drinking water regulation for total coliforms must contain the
following information:
(1) The application must describe the State's plan for determining
whether sample siting plans are acceptable (including periodic reviews),
as required by Sec. 141.21(a)(1).
(2) The national primary drinking water regulation for total
coliforms in part 141 gives States the option to impose lesser
requirements in certain circumstances, which are listed below. If a
State chooses to exercise any of these options, its application for
approval of a program revision must include the information listed below
(the State need only provide the information listed for those options it
has chosen to use).
(i) Section 141.21(a)(2) (Reduced monitoring requirements for
community water systems serving 1,000 or fewer persons)--A description
of how the State will determine whether it is appropriate to reduce the
total coliform monitoring frequency for such systems using the criteria
in Sec. 141.21(a)(2) and how it will determine the revised frequency.
(ii) Section 141.21(a)(3)(i) (Reduced monitoring requirements for
non-community water systems using ground water and serving 1,000 persons
or fewer)--A description of how the State will determine whether it is
appropriate to reduce the total coliform monitoring frequency for such
systems using the criteria in Sec. 141.21(a)(3)(i) and how it will
determine the revised frequency.
(iii) Section 141.21(a)(3)(ii) (Reduced monitoring for non-community
water systems using ground water and serving more than 1,000 persons)--A
description of how the State will determine whether it is appropriate to
reduce the total coliform monitoring frequency for non-community water
systems using only ground water and serving more than 1,000 persons
during any month the system serves 1,000 persons or fewer and how it
will determine the revised frequency.
(iv) Section 141.21(a)(5) (Waiver of time limit for sampling after a
turbidity sampling result exceeds 1 NTU)--A description of how the State
will determine whether it is appropriate to waive the 24-hour time
limit.
(v) Section 141.21(b)(1) (Waiver of time limit for repeat samples)--
A description of how the State will determine whether it is appropriate
to waive the 24-hour time limit and how it will determine what the
revised time limit will be.
(vi) Section 141.21(b)(3) (Alternative repeat monitoring
requirements for systems with a single service connection)--A
description of how the State will determine whether it is appropriate to
allow a system with a single service connection to use an alternative
repeat monitoring scheme, as provided in Sec. 141.21(b)(3), and what
the alternative requirements will be.
(vii) Section 141.21(b)(5) (Waiver of requirement to take five
routine samples the month after a system has a total coliform-positive
sample)--A description of how the State will determine whether it is
appropriate to waive the requirement for certain systems to collect five
routine samples during the next month it serves water to the public,
using the criteria in Sec. 141.21(b)(5).
(viii) Section 141.21(c) (Invalidation of total coliform-positive
samples)--A description of how the State will determine whether it is
appropriate to invalidate a total coliform-positive sample, using the
criteria in Sec. 141.21(c).
(ix) Section 141.21(d) (Sanitary surveys)--A description of the
State's criteria and procedures for approving agents other than State
personnel to conduct sanitary surveys.
(x) Section 141.21(e)(2) (Waiver of fecal coliform or E. coli
testing on a total coliform-positive sample)--A description of how the
State will determine whether it is appropriate to waive fecal coliform
or E. coli testing on a total coliform-positive sample.
(d) Requirements for States to adopt 40 CFR part 141, subpart I--
Control of Lead and Copper. An application for approval of a State
program revision which
[[Page 644]]
adopts the requirements specified in 40 CFR part 141, subpart I, must
contain (in addition to the general primacy requirements enumerated
elsewhere in this part, including the requirement that State regulations
be at least as stringent as the federal requirements) a description of
how the State will accomplish the following program requirements:
(1) Section 141.82--State designation of optimal corrosion control.
(i) Sections 141.82(d), 141.82(f), and 141.82(h)--Designating
optimal corrosion control treatment methods, optimal water quality
parameters, and modifications thereto.
(ii) Section 141.82(g)--Designating an alternative approach for
aggregating multiple measurements collected during the same day for a
water quality parameter at a sampling location, if the State elects to
adopt a formula other than the one specified in Sec. 141.82(g)(1) of
this chapter.
(2) Sections 141.83(b)(2) and 141.83(b)(4)--Designating source water
treatment methods, maximum permissible source water levels for lead and
copper and modifications thereto.
(3) Section 141.90(e)--Verifying compliance with lead service line
replacement schedules and completion of all partial lead service line
replacement activities.
(4) Section 141.86(d)(4)(iv)(A)--Designating an alternative period
for sample collection for community water systems subject to reduced
monitoring.
(e) An application for approval of a State program revision which
adopts the requirements specified in Sec. Sec. 141.11, 141.23, 141.24,
141.32, 141.61, and 141.62 for a newly regulated contaminant must
contain the following (in addition to the general primacy requirements
enumerated elsewhere in this part, including the requirement that State
regulations be at least as stringent as the Federal requirements):
(1) If a State chooses to issue waivers from the monitoring
requirements in Sec. Sec. 141.23 and 141.24, the State shall describe
the procedures and criteria which it will use to review waiver
applications and issue waiver determinations.
(i) The procedures for each contaminant or class of contaminants
shall include a description of:
(A) The waiver application requirements;
(B) The State review process for ``use'' waivers and for
``susceptibility'' waivers; and
(C) The State decision criteria, including the factors that will be
considered in deciding to grant or deny waivers. The decision criteria
must include the factors specified in Sec. Sec. 141.24(f)(8) and
141.24(h)(6).
(ii) The State must specify the monitoring data and other
documentation required to demonstrate that the contaminant is eligible
for a ``use'' and/or ``susceptibility'' waiver.
(2) A monitoring plan for the initial monitoring period by which the
State will assure all systems complete the required initial monitoring
within the regulatory deadlines.
Note: States may update their monitoring plan submitted under the
Phase II Rule or simply note in their application that they will use the
same monitoring plan for the Phase V Rule.
(i) The initial monitoring plan must describe how systems will be
scheduled during the initial monitoring period and demonstrate that the
analytical workload on certified laboratories for each of the three
years has been taken into account, to assure that the State's plan will
result in a high degree of monitoring compliance and that as a result
there is a high probability of compliance and will be updated as
necessary.
(ii) The State must demonstrate that the initial monitoring plan is
enforceable under State law.
(f) Consumer Confidence Report requirements. (1) Each State that has
primary enforcement responsibility must adopt the requirements of 40 CFR
part 141, subpart O no later than August 21, 2000. States must submit
revised programs to EPA for approval using the procedures in Sec.
142.12(b) through (d).
(2) Each State that has primary enforcement responsibility must make
reports submitted to the States in compliance with 40 CFR 141.155(c)
available to the public upon request.
(3) Each State that has primary enforcement responsibility must
maintain a copy of the reports for a period
[[Page 645]]
of one year and the certifications obtained pursuant to 40 CFR
141.155(c) for a period of 5 years.
(4) Each State that has primary enforcement responsibility must
report violations of this subpart in accordance with the requirements of
Sec. 142.15(a)(1).
(g) Requirements for States to adopt 40 CFR part 141, Subpart P--
Enhanced Filtration and Disinfection--Systems Serving 10,000 or More
People. In addition to the general primacy requirements enumerated
elsewhere in this part, including the requirement that State provisions
are no less stringent than the Federal requirements, an application for
approval of a State program revision that adopts 40 CFR part 141,
Subpart P Enhanced Filtration and Disinfection--Systems Serving 10,000
or More People, must contain the information specified in this
paragraph:
(1) Enforceable requirements. States must have the appropriate rules
or other authority to require PWSs to conduct a Composite Correction
Program (CCP) and to assure that PWSs implement any followup
recommendations that result as part of the CCP. The CCP consists of two
elements--a Comprehensive Performance Evaluation (CPE) and Comprehensive
Technical Assistance (CTA). A CPE is a thorough review and analysis of a
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. A CTA is the performance improvement
phase that is implemented if the CPE results indicate improved
performance potential. During the CTA phase, the system must identify
and systematically address plant-specific factors. The CTA is a
combination of utilizing CPE results as a basis for followup,
implementing process control priority-setting techniques and maintaining
long-term involvement to systematically train staff and administrators.
(2) State practices or procedures. (i) Section 141.172(a)(3) of this
chapter--How the State will approve a more representative annual data
set than the data set determined under Sec. 141.172 (a)(1) or (2) of
this chapter for the purpose of determining applicability of the
requirements of Sec. 141.172 of this chapter.
(ii) Section 141.172(b)(5) of this chapter--How the State will
approve a method to calculate the logs of inactivation for viruses for a
system that uses either chloramines or ozone for primary disinfection.
(iii) Section 141.172(c) of this chapter--How the State will consult
with PWSs to evaluate modifications to disinfection practice.
(iv) Section 141.173(b) of this chapter--For filtration technologies
other than conventional filtration treatment, direct filtration, slow
sand filtration, or diatomaceous earth filtration, how the State will
determine that a public water system may use a filtration technology if
the PWS demonstrates to the State, using pilot plant studies or other
means, that the alternative filtration technology, in combination with
disinfection treatment that meets the requirements of Sec. 141.172(b)
of this chapter, consistently achieves 99.9 percent removal and/or
inactivation of Giardia lamblia cysts and 99.99 percent removal and/or
inactivation of viruses, and 99 percent removal of Cryptosporidium
oocysts. For a system that makes this demonstration, how the State will
set turbidity performance requirements that the system must meet 95
percent of the time and that the system may not exceed at any time at a
level that consistently achieves 99.9 percent removal and/or
inactivation of Giardia lamblia cysts, 99.99 percent removal and/or
inactivation of viruses, and 99 percent removal of Cryptosporidium
oocysts.
(h) Requirements for States to adopt 40 CFR part 141, subpart L. In
addition to the general primacy requirements elsewhere in this part,
including the requirement that State regulations be at least as
stringent as federal requirements, an application for approval of a
State program revision that adopts 40 CFR part 141, subpart L, must
contain a description of how the State will accomplish the following
program requirements:
[[Page 646]]
(1) Section 141.64(b)(2) of this chapter (interim treatment
requirements). Determine any interim treatment requirements for those
systems electing to install GAC or membrane filtration and granted
additional time to comply with Sec. 141.64 of this chapter.
(2) Section 141.130(c) of this chapter (qualification of operators).
Qualify operators of public water systems subject to 40 CFR part 141,
subpart L. Qualification requirements established for operators of
systems subject to 40 CFR part 141, subpart H--Filtration and
Disinfection may be used in whole or in part to establish operator
qualification requirements for meeting 40 CFR part 141, subpart L
requirements if the State determines that the 40 CFR part 141, subpart H
requirements are appropriate and applicable for meeting subpart L
requirements.
(3) Section 141.131(c)(2) of this chapter (DPD colorimetric test
kits). Approve DPD colorimetric test kits for free and total chlorine
measurements. State approval granted under Sec. 141.74(a)(2) of this
chapter for the use of DPD colorimetric test kits for free chlorine
testing is acceptable for the use of DPD test kits in measuring free
chlorine residuals as required in 40 CFR part 141, subpart L.
(4) Sections 141.131(c)(3) and (d) of this chapter (State approval
of parties to conduct analyses). Approve parties to conduct pH, bromide,
alkalinity, and residual disinfectant concentration measurements. The
State's process for approving parties performing water quality
measurements for systems subject to 40 CFR part 141, subpart H
requirements in paragraph (b)(2)(i)(D) of this section may be used for
approving parties measuring water quality parameters for systems subject
to subpart L requirements, if the State determines the process is
appropriate and applicable.
(5) Section 141.132(a)(2) of this chapter (multiple wells as a
single source). Define the criteria to use to determine if multiple
wells are being drawn from a single aquifer and therefore be considered
a single source for compliance with monitoring requirements.
(6) Approve alternate minimum TOC removal (Step 2) requirements, as
allowed under the provisions of Sec. 141.135(b) of this chapter.
(i) Requirements for States to adopt 40 CFR part 141, Sec. 141.76
Recycle provisions. In addition to the general primacy requirements
enumerated elsewhere in this part, including the requirement that the
State provisions are no less stringent than the federal requirements, an
application for approval of a State program revision that adopts 40 CFR
part 141, Sec. 141.76 Recycle Provisions must contain the information
specified in this paragraph:
(1) State practices or procedures. (i) Section 141.76(d) of this
chapter--States must have the proper rules and authority to use Sanitary
Surveys, comprehensive performance evaluations (CPEs), other
inspections, or other activities to evaluate recycle data maintained by
systems under Sec. 141.76(d) of this chapter and require modifications
to recycle practices.
(ii) [Reserved]
(2) [Reserved]
(j) An application for approval of a State program revision which
adopts the requirements specified in Sec. Sec. 141.11, 141.23, 141.24,
141.32, 141.40, 141.61 and 141.62 for an existing regulated contaminant
must contain the following (in addition to the general primacy
requirements enumerated elsewhere in this part, including the
requirement that State regulations be at least as stringent as the
federal requirements):
(1) If a State chooses to issue waivers from the monitoring
requirements in Sec. Sec. 141.23, 141.24, and 141.40, the State shall
describe the procedures and criteria which it will use to review waiver
applications and issue wavier determinations. The State shall provide
the same information required in paragraph (e)(1)(i) and (ii) of this
section. States may update their existing waiver criteria or use the
requirements submitted under the National Primary Drinking Water
Regulations for the inorganic and organic contaminants (i.e., Phase II/V
rule) in 16(e) of this section. States may simply note in their
application any revisions to existing waiver criteria or note that the
same procedures to issue waivers will be used.
(2) A monitoring plan by which the State will ensure all systems
complete
[[Page 647]]
the required monitoring by the regulatory deadlines. States may update
their existing monitoring plan or use the same monitoring plan submitted
under the National Primary Drinking Water Regulations for the inorganic
and organic contaminants (i.e., Phase II/V rule) in 16(e) of this
section. States may simply note in their application any revisions to an
existing monitoring plan or note that the same monitoring plan will be
used. The State must demonstrate that the monitoring plan is enforceable
under State law.
(k) States establish the initial monitoring requirements for new
systems and new sources. States must explain their initial monitoring
schedules and how these monitoring schedules ensure that public water
systems and sources comply with MCL's and monitoring requirements.
States must also specify the time frame in which new systems will
demonstrate compliance with the MCLs.
(l) An application for approval of a State program revision for
radionuclides which adopts the requirements specified in Sec.
141.26(a)(2)(ii)(C) of this chapter must contain the following (in
addition to the general primacy requirements enumerated in this part,
including that State regulations be at least as stringent as the Federal
requirements):
(1) If a State chooses to use grandfathered data in the manner
described in Sec. 141.26(a)(2)(ii)(C) of this chapter, then the State
must describe the procedures and criteria which it will use to make
these determinations (whether distribution system or entry point
sampling points are used).
(i) The decision criteria that the State will use to determine that
data collected in the distribution system are representative of the
drinking water supplied from each entry point to the distribution
system. These determinations must consider:
(A) All previous monitoring data.
(B) The variation in reported activity levels.
(C) Other factors affecting the representativeness of the data (e.g.
geology).
(ii) [Reserved]
(2) A monitoring plan by which the State will assure all systems
complete the required monitoring within the regulatory deadlines. States
may update their existing monitoring plan or use the same monitoring
plan submitted for the requirements in Sec. 142.16(e)(2) under the
national primary drinking water regulations for the inorganic and
organic contaminants (i.e. the phase II/V rules). States may note in
their application any revision to an existing monitoring plan or note
that the same monitoring plan will be used. The State must demonstrate
that the monitoring plan is enforceable under State law.
(m) Requirements for States to adopt 40 CFR part 141, subparts U and
V. In addition to the general primacy requirements elsewhere in this
part, including the requirements that State regulations be at least as
stringent as federal requirements, an application for approval of a
State program revision that adopts 40 CFR part 141, subparts U and V,
must contain a description of how the State will implement a procedure
for addressing modification of wholesale system and consecutive system
monitoring on a case-by-case basis for part 141 subpart V outside the
provisions of Sec. 141.29 of this chapter, if the State elects to use
such an authority. The procedure must ensure that all systems have at
least one compliance monitoring location.
(n) Requirements for States to adopt 40 CFR part 141, subpart W. In
addition to the general primacy requirements elsewhere in this part,
including the requirements that State regulations be at least as
stringent as Federal requirements, an application for approval of a
State program revision that adopts 40 CFR part 141, subpart W, must
contain a description of how the State will accomplish the following
program requirements where allowed in State programs.
(1) Approve an alternative to the E. coli levels that trigger
Cryptosporidium monitoring by filtered systems serving fewer than 10,000
people, as described in Sec. 141.701(a)(5).
(2) Assess significant changes in the watershed and source water as
part of the sanitary survey process and determine appropriate follow-up
action for systems, as described in Sec. 141.711(d) of this chapter.
[[Page 648]]
(3) Approve watershed control programs for the 0.5-log treatment
credit in the microbial toolbox, as described in Sec. 141.716(a) of
this chapter.
(4) Approve protocols for demonstration of performance treatment
credits in the microbial toolbox, as allowed under Sec. 141.718(c) of
this chapter.
(5) Approve protocols for alternative ozone and chlorine dioxide CT
values in the microbial toolbox, as allowed under Sec. 141.720(c) of
this chapter.
(6) Approve an alternative approach to UV reactor validation testing
in the microbial toolbox, as allowed under Sec. 141.720(d)(2)(iii) of
this chapter.
(o) Requirements for States to adopt 40 CFR part 141, subpart S. In
addition to the general primacy requirements specified elsewhere in this
part, including the requirement that State regulations are no less
stringent than the Federal requirements, an application for approval of
a State program revision that adopts 40 CFR part 141, subpart S, must
contain the information specified in this paragraph (o).
(1) Legal authority. The application for primacy must demonstrate
the State has:
(i) The authority contained in statute or regulation to ensure that
ground water systems conduct source water monitoring under Sec.
141.402(a)(2), Sec. 141.402(a)(3) and Sec. 141.402(a)(4)(ii)(A) of
this chapter.
(ii) The authority contained in statute or regulation to ensure that
ground water systems take the appropriate corrective actions including
interim measures, if necessary, needed to address significant
deficiencies.
(iii) The authority contained in statute or regulation to ensure
that ground water systems take the appropriate corrective actions,
including interim measures if necessary, to address any source water
fecal contamination identified during source water monitoring under
Sec. 141.402 of this chapter.
(iv) The authority contained in statute or regulation to ensure that
ground water systems consult with the State regarding corrective
action(s).
(2) State practices or procedures for sanitary surveys. In addition
to the general requirements for sanitary surveys contained in Sec.
142.10(b)(2), a primacy application must describe how the State will
implement a sanitary survey program that meets the requirements of
paragraph (o)(2)(i) of this section. A ``sanitary survey,'' as conducted
by the State, includes but is not limited to, an onsite review of the
water source(s) (identifying sources of contamination by using results
of source water assessments or other relevant information where
available), facilities, equipment, operation, maintenance, and
monitoring compliance of a public water system to evaluate the adequacy
of the system, its sources and operations and the distribution of safe
drinking water.
(i) The State must conduct sanitary surveys that address the eight
sanitary survey components listed in this section no less frequently
than every three years for community water systems, except as provided
in paragraph (o)(2)(iii) of this section, and every five years for non-
community water systems. The State may conduct more frequent sanitary
surveys for any system. The initial sanitary survey for each community
water system must be conducted by December 31, 2012, unless the system
meets the requirements of paragraph (o)(2)(iii) of this section. The
initial sanitary survey for each community water system that meets the
requirements of paragraph (o)(2)(iii) of this section and for each non-
community water system must be conducted by December 31, 2014. The
sanitary survey must include an evaluation of each of the following
elements as applicable:
(A) Source,
(B) Treatment,
(C) Distribution system,
(D) Finished water storage,
(E) Pumps, pump facilities, and controls,
(F) Monitoring, reporting, and data verification,
(G) System management and operation, and
(H) Operator compliance with State requirements.
(ii) The State may use a phased review process to meet the
requirements of (o)(2)(i) of this section if all the applicable elements
of paragraphs (o)(2)(i)(A) through (o)(2)(i)(H) of this section are
evaluated within the required interval.
[[Page 649]]
(iii) The State may conduct sanitary surveys once every five years
for community water systems if the system either provides at least 4-log
treatment of viruses (using inactivation, removal, or a State-approved
combination of 4-log inactivation and removal) before or at the first
customer for all its ground water sources, or if it has an outstanding
performance record, as determined by the State and documented in
previous sanitary surveys and has no history of total coliform MCL or
monitoring violations under Sec. 141.21 of this chapter since the last
sanitary survey. In its primacy application, the State must describe how
it will determine whether a community water system has an outstanding
performance record.
(iv) The State must define and describe in its primacy application
at least one specific significant deficiency in each of the eight
sanitary survey elements in paragraphs (o)(2)(i)(A) through (o)(2)(i)(H)
of this section. Significant deficiencies include, but are not limited
to, defects in design, operation, or maintenance, or a failure or
malfunction of the sources, treatment, storage, or distribution system
that the State determines to be causing, or have potential for causing,
the introduction of contamination into the water delivered to consumers.
(v) As a condition of primacy, the State must provide ground water
systems with written notice describing any significant deficiencies no
later than 30 days after the State identifies the significant
deficiency. The notice may specify corrective actions and deadlines for
completion of corrective actions. The State may provide the written
notice at the time of the sanitary survey.
(3) State practices or procedures for source water microbial
monitoring. The State's primacy application must include a description
of the following:
(i) The criteria the State will use under Sec. Sec.
141.402(a)(2)(i) and 141.402(d)(2) of this chapter for extending the 24-
hour time limit for a system to collect a ground water source sample to
comply with the source water monitoring requirements.
(ii) The criteria the State will use under Sec. Sec.
141.402(a)(5)(i) and 141.402(a)(5)(ii) of this chapter to determine
whether the cause of the total coliform-positive sample taken under
Sec. 141.21(a) of this chapter is directly related to the distribution
system.
(iii) The criteria the State will use for determining whether to
invalidate a fecal indicator-positive ground water source sample under
Sec. 141.402(d)(1)(ii) of this chapter.
(iv) The criteria the State will use to allow source water microbial
monitoring at a location after treatment under Sec. 141.402(e)(1) of
this chapter.
(4) State practices or procedures for treatment technique
requirements. As a condition of primacy, the State must verify that
significant deficiencies or source water fecal contamination have been
addressed. The State must verify within 30 days after the ground water
system has reported to the State that it has completed corrective
action. The State must verify either through written confirmation from
the ground water system or a site visit by the State. Written notice
from the ground water system under Sec. 141.405(a)(2) of this chapter
may serve as this verification. The State's primacy application must
include the following:
(i) The process the State will use to determine that a ground water
system achieves at least a 4-log treatment of viruses (using
inactivation, removal, or a combination of inactivation and removal)
before or at the first customer for a ground water source for systems
that are not subject to the source water monitoring requirements of
Sec. 141.402(a) of this chapter because the ground water system has
informed the State that it provides at least 4-log treatment of viruses.
(ii) The process the State will use to determine the minimum
residual disinfectant concentration the system must provide prior to the
first customer for systems using chemical disinfection.
(iii) The State-approved alternative technologies that ground water
systems may use alone or in combination with other approved technologies
to achieve at least 4-log treatment of viruses (using inactivation,
removal, or a State-approved combination of 4-log inactivation and
removal) before or at
[[Page 650]]
the first customer for a ground water source.
(iv) The monitoring and compliance requirements the State will
require for ground water systems treating to at least 4-log treatment of
viruses (using inactivation, removal, or a State-approved combination of
inactivation and removal) before or at the first customer for State-
approved alternative treatment technologies.
(v) The monitoring, compliance and membrane integrity testing
requirements the State will require to demonstrate virus removal for
ground water systems using membrane filtration technologies.
(vi) The criteria, including public health-based considerations and
incorporating on-site investigations and source water monitoring results
the State will use to determine if a ground water system may discontinue
4-log treatment of viruses (using inactivation, removal, or a State-
approved combination of inactivation and removal) before or at the first
customer.
(p) Requirements for States to adopt 40 CFR part 141, Subpart T--
Enhanced Filtration and Disinfection--Systems Serving Fewer than 10,000
People. In addition to the general primacy requirements enumerated
elsewhere in this part, including the requirement that State provisions
are no less stringent than the Federal requirements, an application for
approval of a State program revision that adopts 40 CFR part 141,
Subpart T Enhanced Filtration and Disinfection--Systems Serving Fewer
than 10,000 People, must contain the information specified in this
paragraph:
(1) Enforceable requirements. States must have rules or other
authority to require systems to participate in a Comprehensive Technical
Assistance (CTA) activity, the performance improvement phase of the
Composite Correction Program (CCP). The State must determine whether a
CTA must be conducted based on results of a CPE which indicate the
potential for improved performance, and a finding by the State that the
system is able to receive and implement technical assistance provided
through the CTA. A CPE is a thorough review and analysis of a system'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.
During the CTA phase, the system must identify and systematically
address factors limiting performance. The CTA is a combination of
utilizing CPE results as a basis for follow-up, implementing process
control priority-setting techniques and maintaining long-term
involvement to systematically train staff and administrators.
(2) State practices or procedures. (i) Section 141.530-141.536--How
the State will approve a more representative data set for optional TTHM
and HAA5 monitoring and profiling.
(ii) Section 141.535 of this chapter--How the State will approve a
method to calculate the logs of inactivation for viruses for a system
that uses either chloramines, ozone, or chlorine dioxide for primary
disinfection.
(iii) Section 141.542 of this chapter--How the State will consult
with the system and approve significant changes to disinfection
practices.
(iv) Section 141.552 of this chapter--For filtration technologies
other than conventional filtration treatment, direct filtration, slow
sand filtration, or diatomaceous earth filtration, how the State will
determine that a public water system may use a filtration technology if
the PWS demonstrates to the State, using pilot plant studies or other
means, that the alternative filtration technology, in combination with
disinfection treatment that meets the requirements of Sec. 141.72(b) of
this chapter, consistently achieves 99.9 percent removal and/or
inactivation of Giardia lamblia cysts and 99.99 percent removal and/or
inactivation of viruses, and 99 percent removal of Cryptosporidium
oocysts. For a system that makes this demonstration, how the State will
set turbidity performance requirements that the system must meet 95
percent of the time and that the system may not exceed at any time at a
level that consistently achieves 99.9 percent removal and/or
inactivation of Giardia lamblia cysts, 99.99 percent removal and/or
inactivation of viruses, and 99 percent removal of Cryptosporidium
oocysts.
[54 FR 15188, Apr. 17, 1989]
[[Page 651]]
Editorial Note: For Federal Register citations affecting Sec.
142.16, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.