65FR25981 National Primary Drinking Water Regulations: Public Notification Rule, Part 6/10
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Posting-number: Volume 65, Issue 87, Page 25981, Part 1
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PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS
1. The authority citation for Part 141 continues to read as
follows:
Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.
2. Section 141.11 is amended by revising paragraph (d)(2) to read
as follows:
Sec. 141.11 Maximum contaminant levels for inorganic chemicals
* * * * *
(d) * * *
(2) The non-community water system is meeting the public
notification requirements under Sec. 141.209, including continuous
posting of the fact that nitrate levels exceed 10 mg/l and the
potential health effects of exposure; and
* * * * *
3. Sections 141.21(g)(1) and (g)(2), 141.22(b), 141.23(n) and (o),
141.26(a)(4), (b)(5), 141.30(d), 141.63(b), 141.133(b)(1)(i), (b)(2),
(b)(3) and (c)(1)(i) are amended by revising ``Sec. 141.32'' to read
``subpart Q'' and in Sec. 141.133(c)(2)(i) by revising
``Sec. 141.32(a)(1)(iii)(E) (which appears twice) to ``subpart Q'' and
in Sec. 141.33(c)(2)(ii) by revising ``Sec. 141.133(e)(78)'' to read
``subpart Q.''
Secs. 141.21, 141.22, 141.23, 141.26, 141.30, 141.63, and
141.133, [Amended]
4. Section 141.23 is amended by removing paragraph (i)(4) and
revising paragraph (f)(2), to read as follows:
Sec. 141.23 Inorganic chemical sampling and analytical requirements.
* * * * *
(f) * * *
(2) Where nitrate or nitrite sampling results indicate an
exceedance of the maximum contaminant level, the system shall take a
confirmation sample within 24 hours of the system's receipt of
notification of the analytical results of the first sample. Systems
unable to comply with the 24-hour sampling requirement must immediately
notify persons served by the public water system in accordance with
Sec. 141.202 and meet other Tier 1 public notification requirements
under Subpart Q of this part. Systems exercising this option must take
and analyze a confirmation sample within two weeks of notification of
the analytical results of the first sample.
* * * * *
Sec. 141.24 [ Amended]
5. Part 141 is amended by removing Secs. 141.24(f)(15)(iii) and
141.24(h)(11)(iii).
6. In Part 141, the heading for Subpart D is revised to read as
follows:
Subpart D--Reporting and Record Keeping
7. Section 141.31 is amended by revising paragraph (d), to read as
follows:
Sec. 141.31 Reporting requirements.
* * * * *
(d) The public water system, within 10 days of completing the
public notification requirements under Subpart Q of this part for the
initial public notice and any repeat notices, must submit to the
primacy agency a certification that it has fully complied with the
public notification regulations. The public water system must include
with this certification a representative copy of each type of notice
distributed, published, posted, and made available to the persons
served by the system and to the media.
* * * * *
8. Section 141.32 is amended by revising the introductory
paragraph, to read as follows:
Sec. 141.32 Public notification.
The requirements in this section apply until the requirements of
Subpart Q of this part are applicable. Public water systems where EPA
directly implements the public water system supervision program must
comply with the requirements in Subpart Q of this part on October 31,
2000. All other public water systems must comply with the requirements
in Subpart Q of this part on May 6, 2002 or on the date the State-
adopted rule becomes effective, whichever comes first.
* * * * *
9. Section 141.33 is amended by adding paragraph (e), to read as
follows:
Sec. 141.33 Record maintenance.
* * * * *
(e) Copies of public notices issued pursuant to Subpart Q of this
part and certifications made to the primacy agency pursuant to
Sec. 141.31 must be kept for three years after issuance.
10. Section 141.75 is amended by revising paragraphs (a)(5)(ii) and
(b)(3)(ii) to read as follows:
Sec. 141.75 Reporting and record keeping requirements.
(a) * * *
(5) * * *
(ii) If at any time the turbidity exceeds 5 NTU, the system must
consult with the primacy agency as soon as practical, but no later than
24 hours after the exceedance is known, in accordance with the public
notification requirements under Sec. 141.203(b)(3).
* * * * *
(b) * * *
(3) * * *
(ii) If at any time the turbidity exceeds 5 NTU, the system must
consult with the primacy agency as soon as practical, but no later than
24 hours after the exceedance is known, in accordance with the public
notification requirements under Sec. 141.203(b)(3).
* * * * *
11. Section 141.153 is amended by:
a. Revising (c)(3) introductory text.
b. Adding paragraphs (c)(3)(iii) and (c)(3)(iv).
c. Revising paragraphs (d)(1)(i), (d)(4)(ix) and (d)(6).
d. Revising paragraphs (f)(3) and (f)(4).
The additions and revisions are as follows:
Sec. 141.153 Content of the reports.
* * * * *
(c) * * *
(3) A report that contains data on contaminants that EPA regulates
using any of the following terms must include the applicable
definitions:
* * * * *
(iii) Maximum residual disinfectant level goal or MRDLG: The level
of a drinking water disinfectant below which there is no known or
expected risk to health. MRDLGs do not reflect the benefits of the use
of disinfectants to control microbial contaminants.
(iv) Maximum residual disinfectant level or MRDL: The highest level
of a disinfectant allowed in drinking water. There is convincing
evidence that addition of a disinfectant is necessary for control of
microbial contaminants.
(d) * * *
(1) * * *
(i) Contaminants subject to a MCL, action level, maximum residual
[[Page 26023]]
disinfectant level, or treatment technique (regulated contaminants).
* * * * *
(4) * * *
(ix) The likely source(s) of detected contaminants to the best of
the operator's knowledge. Specific information regarding contaminants
may be available in sanitary surveys and source water assessments, and
should be used when available to the operator. If the operator lacks
specific information on the likely source, the report must include one
or more of the typical sources for that contaminant listed in appendix
A to this subpart that is most applicable to the system.
* * * * *
(6) The table(s) must clearly identify any data indicating
violations of MCLs, MRDLs, or treatment techniques, and the report must
contain a clear and readily understandable explanation of the violation
including: the length of the violation, the potential adverse health
effects, and actions taken by the system to address the violation. To
describe the potential health effects, the system must use the relevant
language of appendix A to this subpart.
* * * * *
(f) * * *
(3) Lead and copper control requirements prescribed by subpart I of
this part. For systems that fail to take one or more actions prescribed
by Secs. 141.80(d), 141.81, 141.82, 141.83 or 141.84, the report must
include the applicable language of appendix A to this subpart for lead,
copper, or both.
(4) Treatment techniques for Acrylamide and Epichlorohydrin
prescribed by subpart K of this part. For systems that violate the
requirements of subpart K of this part, the report must include the
relevant language from appendix A to this subpart.
* * * * *
12. Section 141.154 is amended by revising paragraph (e) to read as
follows:
Sec. 141.154 Required additional health information.
* * * * *
(e) Community water systems that detect TTHM above 0.080 mg/l, but
below the MCL in Sec. 141.12, as an annual average, monitored and
calculated under the provisions of Sec. 141.30, must include health
effects language for TTHMs prescribed by appendix A.
13. Section 141.155 is amended by revising paragraph (h) to read as
follows:
Sec. 141.155 Report delivery and record keeping.
* * * * *
(h) Any system subject to this subpart must retain copies of its
Consumer Confidence Report for no less than 3 years.
14. Appendix A to Subpart O is revised to read as follows:
[[Page 26024]]
Appendix A to Subpart O.--Regulated Contaminants
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Traditional MCL To convert for Major sources in Health effects
Contaminant (units) in mg/L CCR, multiply by MCL in CCR units MCLG drinking water language
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Microbiological contaminants:
Total Coliform Bacteria... MCL: (systems ................. MCL: (systems 0................ Naturally present in Coliforms are
that collect <gr- that collect <gr- the environment. bacteria that are
thn-eq>40 thn-eq>40 naturally present in
samples/month) samples/month) the environment and
5% of monthly 5% of monthly are used as an
samples are samples are indicator that
positive; positive; other, potentially-
(systems that (systems that harmful, bacteria
collect 40 collect 40 may be present.
samples/month) 1 samples/month) 1 Coliforms were found
positive monthly positive monthly in more samples than
sample. sample. allowed and this was
a warning of
potential problems.
Fecal coliform and E. coli 0................ ................. 0................ 0................ Human and animal Fecal coliforms and
fecal waste. E. coli are bacteria
whose presence
indicates that the
water may be
contaminated with
human or animal
wastes. Microbes in
these wastes can
cause short-term
effects, such as
diarrhea, cramps,
nausea, headaches,
or other symptoms.
They may pose a
special health risk
for infants, young
children, some of
the elderly, and
people with severely-
compromised immune
systems.
Total organic carbon (ppm) TT............... ................. TT............... N/A.............. Naturally present in Total organic carbon
the environment. (TOC) has no health
effects. However,
total organic carbon
provides a medium
for the formation of
disinfection by
products. These
byproducts include
trihalomethanes
(THMs) and
haloacetic acids
(HAAs). Drinking
water containing
these byproducts in
excess of the MCL
may lead to adverse
health effects,
liver or kidney
problems, or nervous
system effects, and
may lead to an
increased risk of
getting cancer.
Turbidity (NTU)........... TT............... ................. TT............... N/A.............. Soil runoff.......... Turbidity has no
health effects.
However, turbidity
can interfere with
disinfection and
provide a medium for
microbial growth.
Turbidity may
indicate the
presence of disease-
causing organisms.
These organisms
include bacteria,
viruses, and
parasites that can
cause symptoms such
as nausea, cramps,
diarrhea and
associated
headaches.
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Radioactive contaminants:
Beta/photon emitters (mrem/ 4 mrem/yr........ ................. 4................ N/A.............. Decay of natural and Certain minerals are
yr). man-made deposits. radioactive and may
emit forms of
radiation known as
photons and beta
radiation. Some
people who drink
water containing
beta and photon
emitters in excess
of the MCL over many
years may have an
increased risk of
getting cancer.
Alpha emitters (pCi/l).... 15 pCi/l......... ................. 15............... N/A.............. Erosion of natural Certain minerals are
deposits. radioactive and may
emit a form of
radiation known as
alpha radiation.
Some people who
drink water
containing alpha
emitters in excess
of the MCL over many
years may have an
increased risk of
getting cancer.
Combined radium (pCi/l)... 5 pCi/l.......... --............... 5................ N/A.............. Erosion of natural Some people who drink
deposits. water containing
radium 226 or 228 in
excess of the MCL
over many years may
have an increased
risk of getting
cancer
Inorganic contaminants:
Antimony (ppb)............ .006............. 1000............. 6................ 6................ Discharge from Some people who drink
petroleum water containing
refineries; fire antimony well in
retardants; excess of the MCL
ceramics; over many years
electronics; solder. could experience
increases in blood
cholesterol and
decreases in blood
sugar.
Arsenic (ppb)............. .05.............. 1000............. 50............... N/A.............. Erosion of natural Some people who drink
deposits; Runoff water containing
from orchards; arsenic in excess of
Runoff from glass the MCL over many
and electronics years could
production wastes. experience skin
damage or problems
with their
circulatory system,
and may have an
increased risk of
getting cancer.
Asbestos (MFL)............ 7 MFL............ ................. 7................ 7................ Decay of asbestos Some people who drink
cement water mains; water containing
Erosion of natural asbestos in excess
deposits. of the MCL over many
years may have an
increased risk of
developing benign
intestinal polyps.
Barium (ppm).............. 2................ ................. 2................ 2................ Discharge of drilling Some people who drink
wastes; Discharge water containing
from metal barium in excess of
refineries; Erosion the MCL over many
of natural deposits. years could
experience an
increase in their
blood pressure.
Beryllium (ppb)........... .004............. 1000............. 4................ 4................ Discharge from metal Some people who drink
refineries and coal- water containing
burning factories; beryllium well in
Discharge from excess of the MCL
electrical, over many years
aerospace, and could develop
defense industries. intestinal lesions
Cadmium (ppb)............. .005............. 1000............. 5................ 5................ Corrosion of Some people who drink
galvanized pipes; water containing
Erosion of natural cadmium in excess of
deposits; Discharge the MCL over many
from metal years could
refineries; Runoff experience kidney
from waste batteries damage.
and paints.
[[Page 26026]]
Chromium (ppb)............ .1............... 1000............. 100.............. 100.............. Discharge from steel Some people who use
and pulp mills; water containing
Erosion of natural chromium well in
deposits. excess of the MCL
over many years
could experience
allergic dermatitis.
Copper (ppm).............. AL=1.3........... ................. AL=1.3........... 1.3.............. Corrosion of Copper is an
household plumbing essential nutrient,
systems; Erosion of but some people who
natural deposits; drink water
Leaching from wood containing copper in
preservatives. excess of the action
level over a
relatively short
amount of time could
experience
gastrointestinal
distress. Some
people who drink
water containing
copper in excess of
the action level
over many years
could suffer liver
or kidney damage.
People with Wilson's
Disease should
consult their
personal doctor.
Cyanide (ppb)............. .2............... 1000............. 200.............. 200.............. Discharge from steel/ Some people who drink
metal factories; water containing
Discharge from cyanide well in
plastic and excess of the MCL
fertilizer factories. over many years
could experience
nerve damage or
problems with their
thyroid.
Fluoride (ppm)............ 4................ ................. 4................ 4................ Erosion of natural Some people who drink
deposits; Water water containing
additive which fluoride in excess
promotes strong of the MCL over many
teeth; Discharge years could get bone
from fertilizer and disease, including
aluminum factories. pain and tenderness
of the bones.
Fluoride in drinking
water at half the
MCL or more may
cause mottling of
children's teeth,
usually in children
less than nine years
old. Mottling, also
known as dental
fluorosis, may
include brown
staining and/or
pitting of the
teeth, and occurs
only in developing
teeth before they
erupt from the gums.
Lead (ppb)................ AL=.015.......... 1000............. AL=15............ 0................ Corrosion of Infants and children
household plumbing who drink water
systems; Erosion of containing lead in
natural deposits. excess of the action
level could
experience delays in
their physical or
mental development.
Children could show
slight deficits in
attention span and
learning abilities.
Adults who drink
this water over many
years could develop
kidney problems or
high blood pressure.
[[Page 26027]]
Mercury [inorganic] (ppb). .002............. 1000............. 2................ 2................ Erosion of natural Some people who drink
deposits; Dis charge water containing
from refineries and inorganic mercury
factories; Runoff well in excess of
from landfills; the MCL over many
Runoff from cropland. years could
experience kidney
damage.
Nitrate (ppm)............. 10............... ................. 10............... 10............... Runoff from Infants below the age
fertilizer use; of six months who
Leaching from septic drink water
tanks, sew age; containing nitrate
Erosion of natural in excess of the MCL
deposits. could become
seriously ill and,
if untreated, may
die. Symptoms
include shortness of
breath and blue baby
syndrome.
Nitrite (ppm)............. 1................ ................. 1................ 1................ Runoff from Infants below the age
fertilizer use; of six months who
Leaching from septic drink water
tanks, sew age; containing nitrite
Erosion of natural in excess of the MCL
deposits. could become
seriously ill and,
if untreated, may
die. Symptoms
include shortness of
breath and blue baby
syndrome.
Selenium (ppb)............ .05.............. 1000............. 50............... 50............... Discharge from Selenium is an
petroleum and metal essential nutrient.
refineries; Erosion However, some people
of natural deposits; who drink water
Discharge from mines. containing selenium
in excess of the MCL
over many years
could experience
hair or fingernail
losses, numbness in
fingers or toes, or
problems with their
circulation.
Thallium (ppb)............ .002............. 1000............. 2................ 0.5.............. Leaching from ore- Some people who drink
processing sites; water containing
Discharge from thallium in excess
electronics, glass, of the MCL over many
and drug factories. years could
experience hair
loss, changes in
their blood, or
problems with their
kidneys, intestines,
or liver.
Synthetic organic contaminants
including pesticides and
herbicides:
2,4-D (ppb)............... .07.............. 1000............. 70............... 70............... Runoff from herbicide Some people who drink
used on row crops. water containing the
weed killer 2,4-D
well in excess of
the MCL over many
years could
experience problems
with their kidneys,
liver, or adrenal
glands.
2,4,5-TP [Silvex](ppb).... .05.............. 1000............. 50............... 50............... Residue of banned Some people who drink
herbicide. water containing
silvex in excess of
the MCL over many
years could
experience liver
problems.
Acrylamide................ TT............... ................. TT............... 0................ Added to water during Some people who drink
sewage/wastewater water containing
treatment. high levels of
acrylamide over a
long period of time
could have problems
with their nervous
system or blood, and
may have an
increased risk of
getting cancer.