Revisions to the Unregulated Contaminant Monitoring Rule (UCMR 4) for Public Water Systems and Announcement of Public Meeting, 92666-92692 [2016-30469]
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Identification of plan-in part.
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(D) Previously approved on July 31,
1985 in paragraph (c)(124)(ix)(B) of this
section and now deleted without
replacement, Rule 130 (introductory
text, b.1, n1, p5, and s2), and now
deleted with replacement in paragraphs
(c)(480)(i)(A)(3) and (4), Rules 220(c)
and 230.
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(B) Previously approved on July 31,
1985 in paragraph (c)(156)(vi)(A) of this
section and now deleted without
replacement, Rule 130 (b2, m1, p3, p3a,
and s7), and now deleted with
replacement in Paragraph
(c)(480)(i)(A)(3) of this section, Chapter
II, 220(B).
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(B) Previously approved on July 31,
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replacement in Paragraph
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II, 220(A).
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(5) Previously approved on April 17,
1987 in paragraph (c)(164)(i)(B)(1) of
this section and now deleted without
replacement, Rule 130 (d1 and s5), and
now deleted with replacement in
paragraph (c)(480)(i)(A)(2) of this
section, rule 200(a).
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(2) Previously approved on May 6,
2011 in paragraph (c)(385)(i)(B)(1) of
this section and now deleted with
replacement in paragraph
(c)(480)(i)(A)(1) of this section, Rule
130, ‘‘Definitions,’’ amended December
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[FR Doc. 2016–30186 Filed 12–19–16; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
[EPA–HQ–OW–2015–0218; FRL–9956–71–
OW]
RIN 2040–AF49
Revisions to the Unregulated
Contaminant Monitoring Rule (UCMR
4) for Public Water Systems and
Announcement of Public Meeting
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of public
meeting.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is finalizing a
Safe Drinking Water Act (SDWA) rule
that requires public water systems to
collect occurrence data for contaminants
that may be present in drinking water
but are not yet subject to EPA’s drinking
water standards set under the SDWA.
This rule identifies eleven analytical
methods to support water system
monitoring for a total of 30 chemical
contaminants, consisting of nine
cyanotoxins and one cyanotoxin group;
two metals; eight pesticides plus one
pesticide manufacturing byproduct
(hereinafter collectively referred to as
‘‘pesticides’’); three brominated
haloacetic acid disinfection byproduct
groups; three alcohols; and three
semivolatile organic chemicals. EPA is
also announcing a public meeting and
webinar to discuss the implementation
of the fourth Unregulated Contaminant
Monitoring Rule.
DATES: This final rule is effective on
January 19, 2017, 30 days after
publication in the Federal Register. The
incorporation by reference of certain
publications listed in the regulations is
approved by the Director of the Federal
Register as of January 19, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–2015–0218. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Brenda D. Parris, Standards and Risk
SUMMARY:
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Management Division (SRMD), Office of
Ground Water and Drinking Water
(OGWDW) (MS 140), Environmental
Protection Agency, 26 West Martin
Luther King Drive, Cincinnati, OH
45268; telephone number: (513) 569–
7961; or email address: parris.brenda@
epa.gov; or Melissa Simic, SRMD,
OGWDW (MS 140), Environmental
Protection Agency, 26 West Martin
Luther King Drive, Cincinnati, Ohio
45268; telephone number: (513) 569–
7864; or email address: simic.melissa@
epa.gov. For general information,
contact the Safe Drinking Water Hotline.
Callers within the United States can
reach the Hotline at (800) 426–4791.
The Hotline is open Monday through
Friday, excluding federal holidays, from
10:00 a.m. to 4:00 p.m., eastern time.
The Safe Drinking Water Hotline can
also be found on the Internet at: https://
www.epa.gov/ground-water-anddrinking-water/safe-drinking-waterhotline.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Does this action apply to me?
B. What action is the Agency taking and
why?
C. What is the Agency’s authority for
taking this action?
D. What is the estimated cost of this
action?
E. What is the applicability date?
II. Background
A. How has EPA implemented the
Unregulated Contaminant Monitoring
Program?
B. How are the Contaminant Candidate
List, the UCMR program, the Regulatory
Determination process and the NCOD
interrelated?
III. What are the key requirements of the rule,
including notable changes between
UCMR 3, the proposed UCMR 4 and the
final UCMR 4?
A. What contaminants are in UCMR 4?
1. This Rule
2. Summary of Major Comments and EPA
Responses
B. What are the UCMR 4 sampling design
and timeline of activities?
1. Sampling Frequency, Timing
a. This Rule
b. Summary of Major Comments and EPA
Responses
2. Phased Sample Analysis for
Microcystins
a. This Rule
b. Summary of Major Comments and EPA
Responses
3. Applicability of HAA Monitoring
Requirements
a. This Rule
b. Summary of Major Comments and EPA
Responses
4. Representative Sampling
a. This Rule
b. Summary of Major Comments and EPA
Responses
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5. Sampling Locations
a. This Rule
b. Summary of Major Comments and EPA
Responses
C. What are the reporting requirements for
UCMR 4?
1. Data Elements
a. This Rule
b. Summary of Major Comments and EPA
Responses
IV. How are laboratories approved for UCMR
4 monitoring?
A. Request To Participate
B. Registration
C. Application Package
D. EPA’s Review of Application Packages
E. Proficiency Testing
F. Written EPA Approval
V. What is the past and future stakeholder
involvement in the regulation process?
A. What is the states’ role in the UCMR
program?
B. What stakeholder meetings have been
held in preparation for UCMR 4?
C. How do I participate in the upcoming
stakeholder meeting?
1. Meeting Participation
2. Meeting Materials
D. How did EPA consider Children’s
Environmental Health?
E. How did EPA address Environmental
Justice?
VI. What documents are being incorporated
by reference?
A. Methods From the U.S. Environmental
Protection Agency
B. Methods From American Public Health
Association—Standard Methods (SM)
1. Standard Methods for the Examination
of Water and Wastewater
2. Standard Methods Online
C. Methods From ASTM International
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
I. National Technology Transfer and
Advancement Act and 1 CFR Part 51
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
VIII. References
Abbreviations and Acronyms
mg/L Microgram per liter
Adda (2S,3S,8S,9S,4E,6E)-3-amino-9methoxy-2,6,8-trimethyl-10-phenyl-4,6decadienoic acid
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ASDWA Association of State Drinking
Water Administrators
ASTM ASTM International
CAS Chemical Abstract Service
CBI Confidential Business Information
CCC Continuing Calibration Check
CCL Contaminant Candidate List
CFR Code of Federal Regulations
CRA Congressional Review Act
CWS Community Water System
D/DBPRs Disinfectants and Disinfection
Byproducts Rules (including Stage 1 and
Stage 2 D/DBPRs)
ELISA Enzyme-linked Immunosorbent
Assay
EPA United States Environmental
Protection Agency
EPTDS Entry Point to the Distribution
System
ESI Electrospray Ionization
FR Federal Register
GC Gas Chromatography
GC/ECD Gas Chromatography/Electron
Capture Detection
GC/MS Gas Chromatography/Mass
Spectrometry
GW Ground Water
GWUDI Ground Water Under the Direct
Influence of Surface Water
HAAs Haloacetic Acids
HAA5 Dibromoacetic Acid, Dichloroacetic
Acid, Monobromoacetic Acid,
Monochloroacetic Acid, Trichloroacetic
Acid
HAA6Br Bromochloroacetic Acid,
Bromodichloroacetic Acid, Dibromoacetic
Acid, Dibromochloroacetic Acid,
Monobromoacetic Acid, Tribromoacetic
Acid
HAA9 Bromochloroacetic Acid,
Bromodichloroacetic Acid,
Chlorodibromoacetic Acid, Dibromoacetic
Acid, Dichloroacetic Acid,
Monobromoacetic Acid, Monochloroacetic
Acid, Tribromoacetic Acid, Trichloroacetic
Acid
IC Ion Chromatography
IC–MS/MS Ion Chromatography-Tandem
Mass Spectrometry
IC/ESI–MS/MS Ion Chromatography/
Electrospray Ionization/Tandem Mass
Spectrometry
ICP–MS Inductively Coupled Plasma-Mass
Spectrometry
ICR Information Collection Request
IDC Initial Demonstration of Capability
IS Internal Standard
LFB Laboratory Fortified Blank
LRB Laboratory Reagent Blank
LC/ESI–MS/MS Liquid Chromatography/
Electrospray Ionization/Tandem Mass
Spectrometry
LC–MS/MS Liquid Chromatography/
Tandem Mass Spectrometry
LT2 Long Term 2 Enhanced Surface Water
Treatment Rule
M Million
MAC Mycobacterium Avium Complex
MRL Minimum Reporting Level
NAICS North American Industry
Classification System
NARA National Archives and Records
Administration
NCOD National Contaminant Occurrence
Database
NPDWRs National Primary Drinking Water
Regulations
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NTNCWS Non-transient Non-community
Water System
OGWDW Office of Ground Water and
Drinking Water
OMB Office of Management and Budget
PA Partnership Agreement
PRA Paperwork Reduction Act
PT Proficiency Testing
PWS Public Water System
PWSID Public Water System Identification
QC Quality Control
QCS Quality Control Sample
QHS Quality HAA Sample
RFA Regulatory Flexibility Act
SBA Small Business Administration
SDWA Safe Drinking Water Act
SDWARS Safe Drinking Water Accession
and Review System
SDWIS/Fed Federal Safe Drinking Water
Information System
SM Standard Methods for the Examination
of Water and Wastewater
SMP State Monitoring Plan
SOP Standard Operating Procedure
SPE Solid Phase Extraction
SR Source Water
SRF Drinking Water State Revolving Fund
SRMD Standards and Risk Management
Division
SUR Surrogate Standard
SVOCs Semivolatile Organic Chemicals
SW Surface Water
TNCWS Transient Non-community Water
System
TOC Total Organic Carbon
UCMR Unregulated Contaminant
Monitoring Rule
UMRA Unfunded Mandates Reform Act of
1995
USEPA United States Environmental
Protection Agency
I. General Information
A. Does this action apply to me?
The fourth Unregulated Contaminant
Monitoring Rule (UCMR 4) applies to
public water systems (PWSs). PWSs are
systems that provide water for human
consumption through pipes, or other
constructed conveyances, to at least 15
service connections or that regularly
serve an average of at least 25
individuals daily at least 60 days out of
the year. This rule applies to all large
community and non-transient noncommunity water systems (NTNCWSs)
serving more than 10,000 people. A
community water system (CWS) is a
PWS that has at least 15 service
connections used by year-round
residents or regularly serves at least 25
year-round residents. A NTNCWS is a
PWS that is not a CWS and that
regularly serves at least 25 of the same
people over six months per year. Some
examples of NTNCWS are schools,
factories, office buildings and hospitals,
which have their own water systems.
EPA selects the nationally
representative sample of small CWSs
and NTNCWSs serving 10,000 or fewer
people that are required to monitor (see
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‘‘Statistical Design and Sample
Selection for the Unregulated
Contaminant Monitoring Regulation’’
(USEPA, 2001a) for a description of the
statistical approach for the nationally
representative sample). This rule does
not apply to transient non-community
water systems (TNCWSs) (i.e., noncommunity water systems that do not
regularly serve at least 25 of the same
people over six months per year). A
TNCWSs provides water in a place such
as a gas station or campground, where
people do not remain for long periods
of time.
States, territories and tribes with
primary enforcement responsibility
(primacy) to administer the regulatory
program for PWSs under the SDWA can
participate in the implementation of
UCMR 4 through Partnership
Agreements (PAs). Primacy agencies
with PAs can choose to be involved in
various aspects of the UCMR 4
monitoring for the PWSs they oversee;
however, the PWS remains responsible
for compliance with the rule
requirements. Examples of potentially
regulated categories and entities are
identified in the following table.
Category
Examples of potentially regulated entities
State, local & tribal governments .............
States, local and tribal governments that analyze water samples on behalf of PWSs
required to conduct such analysis; states, local and tribal governments that directly operate CWSs and NTNCWSs required to monitor.
Private operators of CWSs and NTNCWSs required to monitor ................................
Municipal operators of CWSs and NTNCWSs required to monitor ............................
Industry .....................................................
Municipalities ............................................
a NAICS
924110
221310
924110
= North American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table
summarizes the types of entities that
EPA is aware could potentially be
regulated by this action. If you are
uncertain whether your entity is
regulated by this action, carefully
examine the definition of a PWS found
in §§ 141.2 and 141.3, and the
applicability criteria found in
§ 141.40(a)(1) and (2) of Title 40 in the
Code of Federal Regulations (CFR). If
you have questions, please consult the
contacts listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
B. What action is the Agency taking and
why?
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NAICS a
This final rule requires PWSs to
analyze drinking water samples for 29
unregulated contaminants that do not
have health based standards set under
the SDWA, as well as one group of
regulated contaminants (described in
section I.C), and to report their results
to EPA. This is the fourth national
monitoring effort under the UCMR
program, and builds upon the
framework established under the prior
three UCMR actions (see section II.A).
The monitoring provides data to inform
future regulatory actions to protect
public health.
The public benefits from the
information about whether or not
unregulated contaminants are present in
their drinking water. If contaminants are
not found, consumer confidence in their
drinking water will improve. If
contaminants are found, illnesses may
be avoided when subsequent actions,
such as regulations, reduce or eliminate
those contaminants.
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C. What is the Agency’s authority for
taking this action?
As part of its responsibilities under
the SDWA, EPA implements section
1445(a)(2), ‘‘Monitoring Program for
Unregulated Contaminants.’’ This
section, as amended in 1996, requires
that once every five years, beginning in
August 1999, EPA issue a list of no more
than 30 unregulated contaminants to be
monitored by PWSs. The list can
include contaminants included in
previous UCMR cycles but will
generally focus on contaminants not yet
monitored under UCMR. SDWA section
1445(g)(7) requires that EPA enter the
monitoring data into the Agency’s
publicly-available National
Contaminant Occurrence Database
(NCOD). The SDWA also requires that
EPA ensures that systems serving a
population larger than 10,000 people, as
well as a nationally representative
sample of PWSs serving 10,000 or fewer
people, monitor for the unregulated
contaminants. EPA must vary the
frequency and schedule for monitoring
based on the number of persons served,
the source of supply, and the
contaminants likely to be found. EPA is
using this authority as the basis for
monitoring 29 of the 30 contaminants.
Section 1445(a)(1)(A) of the SDWA, as
amended in 1996, requires that every
person who is subject to any SDWA
requirement establish and maintain
such records, make such reports,
conduct such monitoring and provide
such information as the Administrator
may reasonably require by regulation to
assist the Administrator in establishing
SDWA regulations. Pursuant to this
provision, EPA can also require the
monitoring of contaminants already
subject to EPA’s drinking water
standards. EPA is using this authority as
the basis for monitoring one of the
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chemical groups (Haloacetic Acids 5
(HAA5)) under this rule. Sample
collection and analysis for HAA5 can be
done concurrently with the unregulated
HAA monitoring (for HAA6Br and
HAA9) described in section III.B.3
(resulting in no significant additional
burden since all three HAA groups can
be measured by a single method) and
will allow EPA to better understand cooccurrence between regulated and
unregulated disinfection byproducts.
Hereinafter, all 30 chemicals/groups
are collectively referred to as
‘‘contaminants.’’
D. What is the estimated cost of this
action?
EPA estimates the total average
national cost of this action will be $24.3
million per year from 2017–2021. EPA
has documented the assumptions and
data sources used in the preparation of
this estimate in the Information
Collection Request (ICR) (USEPA,
2016a). EPA identified eleven analytical
methods (nine EPA-developed
analytical methods and two alternate,
equivalent, consensus organizationdeveloped methods) to analyze samples
for 30 UCMR 4 contaminants. EPA’s
estimate of the analytical cost for the
UCMR 4 contaminants and related
indicators is $2,500 per sample set. EPA
calculated these costs by summing the
laboratory unit cost of each method.
Small PWSs selected for UCMR 4
monitoring sample an average of 6.7
times per PWS (i.e., number of
responses per PWS) across the threeyear ICR period. The estimated labor
burden per response for small PWSs is
2.8 hours. Large PWSs and very large
PWSs sample and report an average of
11.4 and 14.1 times per PWS,
respectively, across the three-year ICR
period. The estimated labor burden per
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response for large and very large PWSs
is 6.1 and 9.9 hours, respectively.
Exhibit 1 presents a breakdown of
estimated annual average national costs.
Estimated PWS (i.e., large and very
large) and EPA costs reflect the
analytical cost (i.e., non-labor) for all
UCMR 4 methods as well as laborrelated cost. EPA pays for the analytical
costs for all systems serving a
population of 10,000 or fewer people.
Laboratory analysis and sample
shipping account for approximately
79% of the total national cost for UCMR
4 implementation. EPA estimated
laboratory unit costs based on
consultations with multiple commercial
drinking water laboratories. The cost of
the laboratory methods includes
shipping the sample from the facility to
the laboratory as part of the cost for the
analysis.
EPA expects that states will incur
labor costs associated with voluntary
assistance with UCMR 4
implementation. EPA estimated state
costs using the relevant assumptions
from the State Resource Model, which
was developed by the Association of
State Drinking Water Administrators
(ASDWA) (ASDWA, 2013) to help states
forecast resource needs. Model
estimates were adjusted to account for
actual levels of state participation under
UCMR 3. State participation is
voluntary; thus, the level of effort is
expected to vary among states and will
depend on their individual agreements
with EPA.
Additional details regarding EPA’s
cost assumptions and estimates can be
found in the ‘‘Information Collection
Request for the Unregulated
Contaminant Monitoring Rule (UCMR
4)’’ (USEPA, 2016a) EPA ICR Number
2192.08, which presents estimated cost
and burden for the 2017–2019 period,
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consistent with the 3-year timeframe for
ICRs. Estimates of costs over the entire
5-year UCMR 4 period of 2017–2021 are
attached as an appendix to the ICR.
Specifically, most of the burden is
incurred in the second, third and fourth
year (i.e., monitoring and sample
analysis) of the UCMR 4 monitoring
period. The first year (the planning year)
involves a lesser burden, and the final
fifth year involves the least burden since
the program is concluding. The next ICR
period will overlap with the last two
years of the 5-year UCMR 4 period, and
therefore will have substantially lower
figures.
Copies of the ICR and its appendix are
available in the EPA public docket for
this final rule, under Docket ID No.
EPA–HQ–OW–2015–0218. The total
estimated annual costs (labor and nonlabor) are as follows:
EXHIBIT 1—ESTIMATED AVERAGE ANNUAL COSTS OF UCMR 4
Avg. annual
cost all
respondents
(2017–2021) 1
Respondent
Small Systems (25–10,000), including labor 2 only (non-labor costs 3 paid for by EPA) .................................................................
Large Systems (10,001–100,000), including labor and non-labor costs ..........................................................................................
Very Large Systems (100,001 and greater), including labor and non-labor costs ...........................................................................
States, including labor costs related to implementation coordination ...............................................................................................
EPA, including labor for implementation and non-labor for small system testing ............................................................................
Average Annual National Total ..................................................................................................................................................
$0.2
15.0
4.1
0.5
4.5
M
M
M
M
M
24.3 M
1 Totals
may not equal the sum of components due to rounding.
2 Labor costs pertain to systems, states and EPA. Costs include activities such as reading the rule, notifying systems selected to participate,
sample collection, data review, reporting and record keeping.
3 Non-labor costs will be incurred primarily by EPA and by very large and large PWSs. They include the cost of shipping samples to laboratories for testing and the cost of the laboratory analyses.
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E. What is the applicability date?
II. Background
The determination of whether a PWS
is required to monitor under UCMR 4 is
based on the type of system (e.g., CWS,
NTNCWS, etc.) and its retail population
served, as indicated by the Federal Safe
Drinking Water Information System
(SDWIS/Fed) inventory on December
31, 2015. SDWIS/Fed can be accessed at
https://www.epa.gov/ground-water-anddrinking-water/safe-drinking-waterinformation-system-sdwis-federalreporting. If a PWS believes its retail
population served in SDWIS/Fed is
inaccurate, the system should contact its
state to verify its population as of the
applicability date and request a
correction, if necessary. The 5-year
UCMR 4 program will take place from
January 2017 through December 2021,
with sample collection occurring
between January 1, 2018, and December
31, 2020.
A. How has EPA implemented the
Unregulated Contaminant Monitoring
program?
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EPA published the list of
contaminants for the first UCMR (UCMR
1) in the Federal Register (FR) on
September 17, 1999 (64 FR 50556,
(USEPA, 1999)), the second UCMR
(UCMR 2) on January 4, 2007 (72 FR
368, (USEPA, 2007)) and the third
UCMR (UCMR 3) on May 2, 2012 (77 FR
26072, (USEPA, 2012a)). EPA
established a three-tiered approach for
monitoring contaminants under the
UCMR program. Assessment Monitoring
for ‘‘List 1’’ contaminants typically
relies on analytical methods, techniques
or technologies that are in common use
by drinking water laboratories.
Screening Survey monitoring for ‘‘List
2’’ contaminants typically relies on
newer techniques or technologies that
are not as commonly used, such that
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laboratory capacity to perform List 2
analyses may be limited. Finally, PreScreen Testing for ‘‘List 3’’
contaminants is often associated with
techniques or technologies that are very
recently developed and/or are
particularly complex. In addition to
method cost and complexity and
laboratory capacity, EPA considers
sampling frequency and the relevant
universe of PWSs when deciding which
of the three tiers is appropriate for the
monitoring of a contaminant.
EPA designed the Assessment
Monitoring sampling approach (USEPA,
2001a) to ensure that sample results
would yield a high level of confidence
and a low margin of error. The design
for a nationally representative sample of
small systems called for the sample set
to be stratified by water source type
(ground water (GW) or surface water
(SW)), service size category and state
(where each state is allocated a
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minimum of two systems in its state
monitoring plan (SMP)).
This final action identifies 30 List 1
contaminants to be measured during
Assessment Monitoring from 2018–
2020, with pre-monitoring activity in
2017 and post-monitoring activity in
2021. EPA developed this rule after
considering input from public
comments. For more information on
EPA’s response to public comments,
please see section III.
B. How are the Contaminant Candidate
List, the UCMR program, the Regulatory
Determination process and the NCOD
interrelated?
Under the 1996 amendments to the
SDWA, Congress established a stepwise,
risk-based approach for determining
which contaminants would become
subject to drinking water standards.
Under the first step, EPA is required to
publish, every five years, a list of
contaminants that are not yet regulated
but which are known or anticipated to
occur in PWSs; this is known as the
Contaminant Candidate List (CCL).
Under the second step, EPA must
require, every five years, monitoring of
up to 30 unregulated contaminants
(many of which have been selected from
the CCL for the UCMR monitoring todate) to determine their occurrence in
drinking water systems; this is known as
the UCMR program. Under the third
step, EPA is required to determine,
every five years, whether or not to begin
the process of developing a national
primary drinking water regulation for at
least five CCL contaminants; this is
known as a Regulatory Determination
and involves evaluating the following
questions:
(1) May the contaminant have an
adverse effect on human health?
(2) Is the contaminant known to occur
or substantially likely to occur in PWSs
with a frequency and at levels of public
health concern?
(3) In the sole judgement of the
Administrator, does regulation of such
contaminants present a meaningful
opportunity for risk reduction for
people served by PWSs?
Finally, the SDWA requires EPA to
issue national primary drinking water
regulations (NPDWRs) for contaminants
the Agency determines should be
regulated.
The CCL process identifies
contaminants that may require
regulation, while the UCMR program
helps provide the data necessary for the
Regulatory Determination process
previously outlined. The data collected
through the UCMR program are stored
in the drinking water NCOD to facilitate
analysis and review of contaminant
occurrence, and support the
Administrator’s determination on
whether regulation of a contaminant is
in the public health interest, as required
under SDWA section 1412(b)(1). UCMR
results can be viewed by the public at:
https://www.epa.gov/dwucmr. PWSs are
also responsible for addressing UCMR
results in their annual Consumer
Confidence Reports, consistent with
prior UCMR cycles and as required by
§ 141.153.
III. What are the key requirements of
the rule, including notable changes
between UCMR 3, the proposed UCMR
4 and the final UCMR 4?
EPA published ‘‘Revisions to the
Unregulated Contaminant Monitoring
Rule (UCMR 4) for Public Water
Systems and Announcement of a Public
Meeting;’’ Proposed Rule, on December
11, 2015 (80 FR 76897, (USEPA,
2015a)). The UCMR 4 proposal
identified eleven new analytical
methods to support water system
monitoring for a total of 30 new
contaminants, and detailed other
potential changes relative to UCMR 3.
Among the other changes reflected in
the UCMR 4 proposal were
identification of water systems subject
to UCMR 4 and provisions for sampling
locations, timeframe and frequency, as
well as updated data elements.
EPA received input on the UCMR 4
proposal from 34 public commenters,
including state and local government,
utilities and utility stakeholder
organizations, laboratories, academia,
non-governmental organizations and
other interested stakeholders . After
considering the comments, EPA made
the changes described in Exhibit 2 to
develop the final UCMR 4 action.
Sections III A–C summarize key aspects
of this final rule and the associated
notable and recurring comments
received in response to the proposed
rule. EPA has compiled all public
comments and EPA’s responses in the
‘‘Response to Comments Document for
the Unregulated Contaminant
Monitoring Rule (UCMR 4),’’ (USEPA,
2016b), which can be found in the
electronic docket listed in the
ADDRESSES section of this notice.
EXHIBIT 2—NOTABLE CHANGES TO UCMR 4 BETWEEN PROPOSED AND FINAL RULE
CFR rule section
Description of change
Title/description
§ 141.40(a)(3) ..........................
Related specifications for the
analytes to be monitored.
§ 141.40(a)(3) and
§ 141.40(a)(4).
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No.
Sampling design requirements—frequency.
§ 141.40(a)(3) and
§ 141.40(a)(4).
§ 141.40(a)(3) ..........................
Phased sample analysis for
microcystins.
Applicability of HAA monitoring requirements.
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Revises Table 1 to include EPA Method 546 Enzyme-linked
Immunosorbent Assay (ELISA) and removes source
water as a sample location for cyanotoxins.
Revises Table 1 to update the monitoring dates to January
2018 through December 2020 for the 20 additional contaminants, and also updates Table 2 to reflect the traditional sample collection timeframe (consecutive 12-month
period) for the 20 additional contaminants. Additionally,
updates Table 2 to reflect the traditional sample collection
frequency (four consecutive quarters for SW and ground
water under the direct influence of surface water
(GWUDI) water systems, and twice, 5–7 months apart, for
GW systems) for those 20 contaminants.
Removes source water samples from the phased sample
analysis for microcystins.
Removes UCMR 4 HAA requirement for water systems that
are not subject to HAA5 monitoring under the Disinfectants and Disinfection Byproduct Rules (D/DBPRs).
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Corresponding
preamble
section
III.A. & III.B.
III.B. & I.E.
III.B.2
III.B.3
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EXHIBIT 2—NOTABLE CHANGES TO UCMR 4 BETWEEN PROPOSED AND FINAL RULE—Continued
CFR rule section
Description of change
No.
§ 141.35(e) ..............................
Title/description
Reporting requirements—
Data elements.
A. What contaminants are in UCMR 4?
1. This Rule
EPA is maintaining the proposed list
of unregulated contaminants and the
methods associated with analyzing
those contaminants, with the exception
of updating the ELISA method for ‘‘total
microcystins’’ (see Exhibit 3). Further
information on the prioritization
process, as well as contaminant-specific
information (source, use, production,
release, persistence, mobility, health
effects and occurrence) that EPA used to
select the contaminants is contained in
‘‘UCMR 4 Contaminants—Information
Compendium for Final Rule’’ (USEPA,
2016c). This Information Compendium
can be found in the electronic docket
listed in the ADDRESSES section of this
notice.
2. Summary of Major Comments and
EPA Responses
Commenters who expressed an
opinion about the proposed UCMR 4
analytes were generally supportive.
Some commenters suggested alternative
ways to collect the HAA information.
Suggestions included collecting results
for all nine HAAs individually; only
Updates and clarifies data elements to address disinfecting
and treatment types, and adds data elements to account
for the metadata collected for the cyanotoxins.
collecting results for HAA9; or doing
targeted research studies of HAAs
independent of UCMR. EPA has
concluded that monitoring for the three
HAA groups (HAA5, HAA6Br and
HAA9) will provide the information of
interest on the relative occurrence
between regulated and unregulated
HAAs as well as brominated versus
chlorinated HAAs. Though the targeted
research proposed by some commenters
is beyond the scope of today’s action,
EPA will take the recommendation
under advisement and consider how
such research may complement the
UCMR data.
Some commenters supported EPA’s
proposal to not include Legionella
pneumophila and Mycobacterium
avium Complex (MAC) in UCMR 4;
others encouraged EPA to add
Legionella, and in some cases MAC. The
latter commenters identified several
candidate methods, suggested that
Legionella is not exclusively a premise
plumbing issue, and pointed to
concerns with health effects. While EPA
recognizes the Legionella concern, the
Agency has concluded that this national
survey will not be able to adequately
address many of the variables,
Analytes
One Cyanotoxin Group using EPA Method 546 (Adda ELISA): 1
‘‘total microcystins’’.
Seven Cyanotoxins using EPA Method 544 (SPE LC–MS/MS): 2
microcystin-LA.
microcystin-LF.
microcystin-LR.
microcystin-LY.
microcystin-RR.
microcystin-YR.
nodularin.
Two Cyanotoxins using EPA Method 545 (LC/ESI–MS/MS): 3
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anatoxin-a.
cylindrospermopsin.
Two Metals using EPA Method 200.8 (ICP–MS) 4 or alternate SM 5 or ASTM: 6
germanium.
manganese.
Nine Pesticides using EPA Method 525.3 (SPE GC/MS): 7
alpha-hexachlorocyclohexane.
chlorpyrifos.
dimethipin.
ethoprop.
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profenofos.
tebuconazole.
total permethrin (cis- & trans-).
tribufos.
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III.C.
complexities and uncertainties
discussed by commenters. More
research is needed to identify the
optimal sampling location, frequency of
sampling events and proper sampling
population, and address biofilms and
associated indicators. Further research
is also needed on the dose-response
ecology of Legionella in the distribution
system to identify the correct method
needed to monitor at a level that would
be instructive and cost effective.
Multiple commenters expressed
concerns with the ELISA methodology
and some of the specific elements of the
ELISA Standard Operating Procedure
(SOP) (Ohio EPA, 2015) identified in the
proposal for cyanotoxins. In 2016, EPA
finalized EPA Method 546:
‘‘Determination of Total Microcystins
and Nodularins in Drinking Water and
Ambient Water by Adda Enzyme-Linked
Immunosorbent Assay’’ as the
prescribed method for total microcystins
(USEPA, 2016e). The fundamentals of
Method 546 are quite similar to those of
the Ohio EPA methodology, and Method
546 addresses concerns expressed about
minimum reporting levels (MRLs),
holding times and quality control.
EXHIBIT 3—30 UCMR 4 ANALYTES
List 1
Corresponding
preamble
section
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EXHIBIT 3—30 UCMR 4 ANALYTES—Continued
oxyfluorfen.
Three Brominated HAA Groups using EPA Method 552.3 (GC/ECD) or 557 (IC/ESI–MS/MS): 8 9 10
HAA5.
HAA6Br.
HAA9.
Three Alcohols using EPA Method 541 (GC/MS): 11
1-butanol.
2-methoxyethanol.
2-propen-1-ol.
Three Semivolatile Organic Chemicals (SVOCs) using EPA Method 530 (GC/MS): 12
butylated hydroxyanisole.
o-toluidine.
quinolone.
1 EPA
Method 546 Adda Enzyme-Linked Immunosorbent Assay (ELISA) (USEPA, 2016e).
Method 544 (Solid phase extraction (SPE) liquid chromatography/tandem mass spectrometry (LC–MS/MS)) (USEPA, 2015b). This method will only be used if analyses by ELISA (for ‘‘total microcystins’’) yield results above reporting limits.
3 EPA Method 545 (Liquid chromatography/electrospray ionization/tandem mass spectrometry (LC/ESI–MS/MS)) (USEPA, 2015c).
4 EPA Method 200.8 (Inductively coupled plasma mass spectrometry (ICP–MS)) (USEPA, 1994).
5 Standard Methods (SM) 3125 (SM, 2005a) or SM 3125–09 (SM Online, 2009).
6 ASTM International (ASTM) D5673–10 (ASTM, 2010).
7 EPA Method 525.3 (SPE Gas chromatography/mass spectrometry (GC/MS)) (USEPA, 2012b).
8 EPA Method 552.3 (Gas chromatography/electron capture detection (GC/ECD)) (USEPA, 2003) and EPA Method 557 (Ion chromatographyelectrospray ionization-tandem mass spectrometry (IC–ESI–MS/MS)) (USEPA, 2009a). HAA5 includes: Dibromoacetic acid, dichloroacetic acid,
monobromoacetic acid, monochloroacetic acid, trichloroacetic acid. HAA6Br includes: Bromochloroacetic acid, bromodichloroacetic acid, dibromoacetic acid, chlorodibromoacetic acid, monobromoacetic acid, tribromoacetic acid. HAA9 includes: Bromochloroacetic acid, bromodichloroacetic
acid, chlorodibromoacetic acid, dibromoacetic acid, dichloroacetic acid, monobromoacetic acid, monochloroacetic acid, tribromoacetic acid,
trichloroacetic acid.
9 Regulated HAAs (HAA5) are included in the monitoring program to gain a better understanding of co-occurrence with currently unregulated
disinfection byproducts.
10 Brominated HAA monitoring also includes sampling for indicators total organic carbon (TOC) and bromide using methods approved for compliance monitoring. TOC methods include: SM 5310B, SM 5310C, SM 5310D (SM, 2005b, 2005c, 2005d), or SM 5310B–00, SM 5310C–00, SM
5310D–00 (SM Online, 2000a, 2000b, 2000c), EPA Method 415.3 (Rev. 1.1 or 1.2) (USEPA, 2005, 2009b). Bromide methods include: EPA
Methods 300.0 (Rev. 2.1), 300.1 (Rev. 1.0), 317.0 (Rev. 2.0), 326.0 (Rev. 1.0) (USEPA, 1993, 1997, 2001b, 2002) or ASTM D 6581–12 (ASTM,
2012).
11 EPA Method 541 (GC/MS) (USEPA, 2015d).
12 EPA Method 530 (GC/MS) (USEPA, 2015e).
2 EPA
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EPA is maintaining the 2018 to 2020
monitoring timeframe identified in the
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proposal. Preparations prior to 2018 will
include coordinating laboratory
approval, selecting representative small
systems (USEPA, 2001a), developing
SMPs and establishing monitoring
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schedules. Exhibit 4 illustrates the
major activities that will take place in
preparation for and during the
implementation of UCMR 4.
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ER20DE16.002
B. What are the UCMR 4 sampling
design and timeline of activities?
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations
To minimize the impact of the rule on
small systems (those serving 10,000 or
fewer people), EPA pays for the sample
kit preparation, sample shipping fees
and analysis costs for these systems. In
addition, no small system will be
required to monitor for both
cyanotoxins and the 20 additional
UCMR contaminants. Consistent with
prior UCMRs, large systems (those
92673
serving more than 10,000 people) pay
for all costs associated with their
monitoring. A summary of the estimated
number of systems subject to monitoring
is shown in Exhibit 5.
EXHIBIT 5—SYSTEMS TO PARTICIPATE IN UCMR 4 MONITORING
National sample: Assessment monitoring design
System size
(number of people
served)
Small Systems 1 (25–
10,000).
Large Systems 2 (10,001
and over).
Total ........................
20 Additional list 1 contaminants 3
10 List 1 cyanotoxins
800 randomly selected SW or GWUDI systems
Total number
of systems
per size
category
All SW or GWUDI systems (2,725) .....................
800 randomly selected SW, GWUDI and GW
systems.
All SW, GWUDI and GW systems (4,292) ..........
1,600
4,292
3,525 ....................................................................
5,092 ....................................................................
5,892
1 Total
for small systems is additive because these systems will only be selected for one component of UCMR 4 sampling (10 cyanotoxins or
20 additional contaminants). EPA will pay for all analytical costs associated with monitoring at small systems.
2 Large system counts are approximate. The number of large systems is not additive. All SW and GWUDI systems will monitor for cyanotoxins;
those same systems will also monitor for the 20 additional List 1 contaminants, as will the large GW systems.
3 Water systems that are not subject to HAA5 monitoring under the D/DBPRs (§ 141.Subparts L and V) are not required to monitor for the
UCMR 4 HAAs or associated indicators (TOC and bromide).
1. Sampling Frequency, Timing
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a. This Rule
Today’s rule maintains the proposed
increased sampling frequency and
narrower monitoring timeframe for total
microcystins and the nine cyanotoxins.
Sampling will take place twice a month
for four consecutive months (total of
eight sampling events) for SW and
GWUDI systems. These water systems
will collect samples during the
monitoring timeframe of March through
November (excluding December,
January and February). GW systems are
excluded from cyanotoxin monitoring.
Monitoring for the 20 additional
UCMR 4 contaminants will be based on
the traditional UCMR sampling
frequency and timeframe. For SW and
GWUDI systems, sampling will take
place for four consecutive quarters over
the course of 12 months (total of four
sampling events). Sampling events will
occur three months apart. For example,
if the first sample is taken in January,
the second will then occur anytime in
April, the third will occur anytime in
July and the fourth will occur anytime
in October. For GW systems, sampling
will take place twice over the course of
12 months (total of two sampling
events). Sampling events will occur five
to seven months apart. For example, if
the first sample is taken in April, the
second sample will then occur anytime
in September, October or November.
EPA, in conjunction with the states,
will initially determine schedules (year
and months of monitoring) for large
water systems. These PWSs will then
have an opportunity to modify their
schedule for planning purposes or other
reasons (e.g., to conduct monitoring
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during the months the system or the
state believes are most vulnerable,
spread costs over multiple years,
address a situation where the sampling
location will be closed during the
scheduled month of monitoring, etc.).
PWSs are not permitted to reschedule
monitoring specifically to avoid sample
collection during a suspected vulnerable
period for the cyanotoxins. EPA will
schedule and coordinate small system
monitoring by working closely with
partnering states. SMPs provide an
opportunity for states to review and
revise the initial sampling schedules
that EPA proposes.
b. Summary of Major Comments and
EPA Responses
Commenters generally supported the
narrower timeframe for cyanotoxin
sampling but disfavored the narrower
March through November timeframe for
the 20 additional contaminants. For the
latter group of contaminants, EPA
received multiple comments that
recommended using the traditional
sampling frequency and timing of
previous UCMR cycles. Commenters
cited the potential for cost savings by
allowing the UCMR 4 HAAs to be
sampled on the same schedule as
compliance monitoring, and they also
suggested that traditional 12-month
monitoring would be appropriate for
assessing lifetime exposure. EPA agrees
with these points and today’s rule
includes the traditional monitoring
schedule for the 20 additional
contaminants. EPA’s response is
detailed more fully in the ‘‘Response to
Comments Document for the
Unregulated Contaminant Monitoring
Rule (UCMR 4),’’ (USEPA, 2016b),
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which can be found in the electronic
docket listed in the ADDRESSES section
of this notice.
Several commenters recommended
that the Agency reduce the number of
sample events for GW systems to one
instead of the traditional two.
Commenters provided an assessment of
data on UCMR 3 contaminants in GW
systems, and suggested that there is no
significant statistical difference between
the results for the two sample events for
many of the contaminants. EPA
acknowledges that based on the UCMR
3 data, the correlation between sample
event 1 and sample event 2 for GW
systems can be high, and the
distributions of measured values can be
very similar. However, when making
regulatory determinations, EPA
evaluates the number of systems (and
populations) with means or single
measured values above health levels of
concern, as both values provide
important information on the
occurrence of UCMR contaminants in
PWSs. The approach suggested by
commenters would yield less accurate
data for several reasons. First, the
analysis provided by the commenters
shows that the counts or percentage of
systems above a concentration of
interest can vary between sample
events, and that there are individual
cases where the contaminant is not
detected in one sample event but occurs
at significant levels in the second event.
In addition, the analysis by commenters
did not find a strong correlation
between the two GW sampling events
for chlorate, a disinfectant byproduct,
likely due to the temporal variability in
disinfection practices. This strongly
suggests that having a single sample
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event may not be appropriate for
temporally variable contaminants like
pesticides and other anthropogenic
contaminants. EPA did consider making
exceptions for certain classes of
contaminants (e.g., those contaminants
that are not as temporally variable),
however, the UCMR design must
address all types of contaminants on a
national scale, often without advance
knowledge about the degree to which
the contaminant occurrence may vary
over time. Making exceptions would
increase the complexity of the sample
design. In addition, statistical means
based on two measurements have
considerably less error than a single
measurement per system and provide a
more robust dataset for future regulatory
decisions. EPA also notes that the
analysis provided by commenters only
addressed a limited set of contaminants
(i.e., those from UCMR 3) and did not
examine the results from other UCMR
cycles; if EPA were to consider reducing
sampling frequency as suggested, the
Agency would need more robust
information. EPA will re-evaluate this
issue in future UCMR cycles if new
information becomes available.
Finally, it is worth noting that the
Agency does allow systems the
opportunity to reduce monitoring by
using approved GW representative entry
points and, in the case of water systems
that purchase water from the same
source, by using representative
connections.
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2. Phased Sample Analysis for
Microcystins
a. This Rule
Today’s rule utilizes a phased sample
analysis approach for the microcystins
to reduce analytical costs (i.e., PWSs
will collect all required samples for
each sampling event but not all samples
may need to be analyzed). However, that
phased approach has been simplified
relative to the proposed approach and
will begin with sample collection at the
entry point to the distribution system
(EPTDS). Three samples will be
collected at the EPTDS for cyanotoxins.
One sample will be collected for EPA
Method 546 (Adda ELISA), another for
potential analysis by EPA Method 544,
and another for analysis by EPA Method
545. Adda ELISA is a widely used
screening assay that allows for the
aggregate detection of numerous
microcystin congeners; it does not allow
for measurement of the individual
congeners (USEPA, 2015f; Fischer et al.,
2001; McElhiney and Lawton, 2005;
Zeck et al., 2001). If the EPTDS ELISA
result is less than 0.3 micrograms per
liter (mg/L) (i.e., the reporting limit for
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total microcystins), then the sample
collected for Method 544 will not be
analyzed for that sample event and only
the Adda ELISA result will be reported
to EPA. If the ELISA result is greater
than or equal to 0.3 mg/L, the result will
be reported to EPA and the EPA Method
544 sample will then be analyzed to
identify and quantify nodularin and the
six specific microcystin congeners
identified in Exhibit 3.
Cylindrospermopsin and anatoxin-a will
only be monitored at the EPTDS, with
analysis by EPA Method 545.
In lieu of the proposed source-water
ELISA monitoring, this final rule
requires PWSs to answer four simple
‘‘metadata’’ questions (identifying the
appropriate responses from the options
provided) to help EPA understand the
source water quality at the time their
EPTDS samples are collected. These
questions are identified in the Data
Elements section III.C.1.
water data used to support future
regulatory determinations.
EPA also received comments
reflecting confusion about the
interpretation of results from the Adda
ELISA microcystin method and Method
544 (microcystins by LC–MS/MS). EPA
notes that the two methods provide
different measures of microcystin
occurrence and risk, and one result
cannot practically be used to confirm
the other. The Adda ELISA allows for an
aggregate quantification of a wide
spectrum of microcystin congeners
based on the ability of the antibodies
used in the assay to recognize
microcystins, while Method 544 focuses
on quantifying six specific microcystin
congeners. The microcystins addressed
in Method 544 may or may not be the
dominant congeners in particular source
waters.
b. Summary of Major Comments and
EPA Responses
a. This Rule
If a water system is not subject to
HAA5 monitoring under the D/DBPRs
(see § 141.622 for D/DBPR monitoring
requirements), the water systems is not
required to collect and analyze UCMR 4
HAA samples.
EPA received multiple comments on
the proposed phased approach to
microcystins and the utility of
measuring pH and temperature in the
source water. Some commenters
recommended omitting source water
sampling for microcystins, suggesting
that a correlation cannot be drawn
between source water and finished
water using the proposed approach.
Commenters also suggested the
following: Targeted studies should
collect treatment plant metadata to
support future analyses; the phased
approach could potentially miss an
increase in cyanotoxins released as a
result of treatment (e.g., cell rupture
during treatment); the inclusion of both
source water data and drinking water
data in NCOD and other outreach
materials would confuse consumers;
and more appropriate candidate
indicators could be considered. EPA has
considered these concerns and is not
requiring source water microcystin
monitoring in the final rule, nor is the
Agency requiring pH and temperature
data collection. UCMR 4 focuses instead
on finished water cyanotoxin data
collection and a more qualitative
characterization of source water. EPA
estimates that the final rule approach,
relying on the collection of source water
metadata in lieu of source water
sampling, reduces $1.8 million in costs
from the proposed regulation over the
five-year period of the UCMR 4. The
collection of source water metadata can
easily be incorporated into the data
reporting system and will complement
the quantitative analytical drinking
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3. Applicability of HAA Monitoring
Requirements
b. Summary of Major Comments and
EPA Responses
One commenter suggested that EPA
remove the UCMR 4 requirement for
water systems to monitor for HAAs if
the system is not subject to HAA5
monitoring under the D/DBPRs. The
logic is that non-disinfecting GW
systems would not be expected to have
measureable HAAs as DBPs. EPA agrees
with the comment and has removed the
requirement. This change reduces the
UCMR 4 cost by $826,000 from the
proposed rule’s cost over the 5-year
UCMR 4 period.
4. Representative Sampling
a. This Rule
Consistent with previous UCMRs and
as described in § 141.35(c)(3), UCMR 4
maintains the option for large GW
systems that have multiple EPTDSs to
sample, with prior approval, at
representative sampling locations rather
than at each EPTDS. Representative
sampling plans approved under prior
UCMRs will be recognized as valid for
UCMR 4. Systems must submit a copy
of documentation from their state or
EPA representing the prior approval of
their alternative sampling plan. Any
new GW representative monitoring
plans must be submitted to EPA for
review (by the state or EPA) within 120
days from publication of this final rule.
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Once approved, these representative
EPTDS locations, along with previously
approved EPTDS locations from prior
UCMRs, must be loaded into the Safe
Drinking Water Accession and Review
System (SDWARS) by the water system
by December 31, 2017.
Consistent with previous UCMRs and
as described in § 141.40, Table 1,
systems that purchase water with
multiple connections from the same
wholesaler may select one
representative connection from that
wholesaler. This EPTDS sampling
location must be representative of the
highest annual volume connections. If
the connection selected as the
representative EPTDS is not available
for sampling, an alternate highest
volume representative connection must
be sampled. Water provided by multiple
wholesalers will be considered different
sources and will each need a
representative connection.
b. Summary of Major Comments and
EPA Responses
EPA received multiple comments
about representative wholesale
connections from consecutive systems.
Commenters were concerned that this
approach to reduce monitoring would
be eliminated in UCMR 4. The proposed
rule preamble explicitly highlighted the
flexibility for representative ground
water sampling, but did not highlight
the option for representative wholesale
connections (i.e., for consecutive
systems). In this preamble, EPA is
affirming the opportunity for water
systems that purchase water (with
multiple connections from the same
wholesaler) to reduce monitoring; this
option will continue in UCMR 4. EPA
will likewise address this in future
meetings, webinars and outreach
materials.
5. Sampling Locations
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a. This Rule
Sample collection for the UCMR 4
contaminants will take place at the
EPTDS for all contaminant groups
except for the HAAs, which will take
place in the distribution system.
Sampling for the HAA indicators, TOC
and bromide, will take place at a single
source water influent for each treatment
plant.
If the system’s treatment plant/water
source is subject to the D/DBPR’s HAA5
monitoring requirements under
§ 141.622, the water system will collect
samples for the UCMR 4 HAAs at the D/
DBPR sampling location(s). UCMR 4
HAA samples and D/DBPR HAA5
compliance monitoring samples may be
collected by the PWS at the same time.
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However, EPA notes that PWSs are
required to arrange for UCMR 4 HAA
samples to be analyzed by a UCMR 4
approved laboratory using EPA Method
552.3 or 557 (both of which are
compliance methods also approved for
analysis of D/DBPR samples).
For those systems subject to UCMR 4
HAA monitoring, sampling for the HAA
indicators (TOC and bromide) will take
place at the source water influent for
each treatment plant (concurrent with
UCMR 4 HAA sampling in the
distribution system). This indicatormonitoring requirement does not
pertain to consecutive systems (i.e.,
those purchasing water from other
systems). For purposes of TOC and
bromide sampling, EPA defines source
water influent under UCMR as
untreated water entering the water
treatment plant (i.e., at a location prior
to any treatment).
SW and GWUDI systems subject to
TOC monitoring under the D/DBPRs
will use their TOC source water
sampling site(s) defined at § 141.132 for
UCMR 4 TOC and bromide samples. If
a SW or GWUDI system is not subject
to the D/DBPR TOC monitoring, it will
use its Long Term 2 Enhance Surface
Water Treatment Rule (LT2) source
water sampling site(s) (§ 141.703) to
collect UCMR 4 samples for TOC and
bromide. GW systems that are subject to
the D/DBPRs will take TOC and
bromide samples at their influents
entering their treatment train.
b. Summary of Major Comments and
EPA Responses
With the exception of microcystin
monitoring, commenters generally
agreed with the sampling location
approach described in the proposal.
Changes made to address the
microcystin comments are addressed in
section III.B.2.
C. What are the reporting requirements
for UCMR 4?
1. Data Elements
a. This Rule
Today’s final rule maintains the 26
data elements described in the proposed
rule and updates some of the definitions
for clarity and consistency in the
reporting requirements. Additionally,
EPA has included four data elements to
address collection of the source water
metadata discussed in section III.B.2.
The four new metadata elements are
all yes or no questions, with a
corresponding drop down menu of
options if yes is selected:
(1) Bloom Occurrence—preceding the
finished water sample collection, did
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you observe an algal bloom in your
source waters near the intake?
(2) Cyanotoxin Occurrence—
preceding the finished water sample
collection, were cyanotoxins ever
detected in your source waters, near the
intake and prior to any treatment (based
on sampling by you or another party)?
(3) Indicator of Possible Bloom—
Treatment—preceding the finished
water sample collection, did you notice
any changes in your treatment system
operation and/or treated water quality
that may indicate a bloom in the source
water?
(4) Indicator of Possible Bloom—
Source Water Quality Parameters—
preceding the finished water sample
collection, did you observe any notable
changes in source water quality
parameters (if measured)?
Please see Table 1 of § 141.35(e) for
the complete list of data elements,
definitions and drop down options that
will be provided in the data reporting
system.
b. Summary of Major Comments and
EPA Responses
EPA received many comments on the
proposed data elements, particularly
regarding the complexity and utility of
collecting the new quality control (QC)
parameters; concerns with how the data
will be gathered and processed; and
questions about how the database will
function.
EPA will collect all 30 data elements
in SDWARS 4, an updated version of
the data reporting system used in
previous UCMR actions. More than half
of these data elements (e.g., inventory
and analytical results) were used in
prior UCMR cycles and were included
in the previous SDWARS system. The
new QC data elements are already
generated by the laboratory and do not
constitute new analytical requirements.
SDWARS 4 will include
improvements in the user interface and
new QC checks will be built into the
system to review the data in real-time.
Consistent with prior UCMR cycles,
states and EPA will have access to data
once posted by the laboratory and
reviewed by the PWS (or 60 days after
the laboratory posting, whichever comes
first). EPA will offer two database
training sessions in 2017 to help users
become familiar with the new system.
One training session will be for the
water systems and the other training
session will be for the laboratories. A
future Federal Register announcement
will provide more details on these
training sessions.
Other comments regarding the data
elements included the following
specific points: a request for a simpler
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classification of treatment ‘‘bins’’; a
recommendation that the final rule
collect the primary and secondary
disinfectant practice in place at the time
of HAA sampling; an observation that
the UCMR 4 data are more informative
when there is information describing
the associated treatment; a
recommendation that EPA simplify the
data elements and data definitions; and
a recommendation that the rule not
collect metadata about oxidant addition,
oxidant order of application, oxidant
dose and oxidant contact time.
The final rule simplifies and clarifies
the treatment options available for the
PWS to select as metadata; includes the
collection of all disinfectant practices
and information describing the
treatment in place; simplifies the data
elements and data definitions; and does
not include the collection of metadata
about oxidant order of application, dose
or contact time. EPA’s response is
detailed more fully in the ‘‘Response to
Comments Document for the
Unregulated Contaminant Monitoring
Rule (UCMR 4),’’ (USEPA, 2016b),
which can be found in the electronic
docket listed in the ADDRESSES section
of this notice.
IV. How are laboratories approved for
UCMR 4 monitoring?
Consistent with the proposal, and
with past practice, the final rule
requires EPA approval of all laboratories
conducting analyses for UCMR 4. EPA
will follow the traditional Agency
approach, outlined in the proposal, to
approving UCMR laboratories, which
requires laboratories seeking approval
to: (1) Provide EPA with data that
demonstrates a successful completion of
an initial demonstration of capability
(IDC) as outlined in each method; (2)
verify successful analytical performance
at or below the MRLs as specified in this
action; (3) provide information about
laboratory operating procedures; and (4)
successfully participate in an EPA
proficiency testing (PT) program for the
analytes of interest. Audits of
laboratories may be conducted by EPA
prior to and/or following approval. The
‘‘UCMR 4 Laboratory Approval
Requirements and Information
Document’’ (USEPA, 2016d) provides
guidance on the EPA laboratory
approval program and the specific
method acceptance criteria.
EPA may supply analytical reference
standards for select analytes to
participating/approved laboratories
when reliable standards are not readily
available through commercial sources.
This final rule’s structure for the
laboratory approval program is the same
as that proposed for UCMR 4 and
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employed in previous UCMRs, and
provides an assessment of the
laboratories’ ability to perform analyses
using the methods listed in
§ 141.40(a)(3), Table 1. The UCMR 4
laboratory approval process is designed
to assess whether laboratories possess
the required equipment and analyst
skills and can meet the laboratoryperformance and data-reporting criteria
described in this action. Laboratory
participation in the UCMR laboratory
approval program is voluntary.
However, as in previous UCMRs and as
proposed for UCMR 4, EPA will require
PWSs to exclusively use laboratories
that have been approved under the
program to analyze UCMR 4 samples.
EPA expects to post a list of approved
UCMR 4 laboratories to https://
www.epa.gov/dwucmr. Laboratories are
encouraged to apply for UCMR 4
approval as early as possible, as EPA
anticipates that large PWSs scheduled
for monitoring in the first year will be
making arrangements for sample
analyses soon after the final rule is
published. The steps and requirements
for the laboratory approval process are
listed in sections A through F below.
A. Request To Participate
Laboratories interested in the UCMR 4
laboratory approval program can request
registration materials by emailing EPA
at UCMR_Sampling_Coordinator@
epa.gov to request registration materials.
B. Registration
Laboratory applicants will provide
registration information that includes:
Laboratory name, mailing address,
shipping address, contact name, phone
number, email address and a list of the
UCMR 4 methods for which the
laboratory is seeking approval. This
registration step provides EPA with the
necessary contact information, and
ensures that each laboratory receives a
customized application package.
Laboratories must complete and submit
the necessary registration information
by February 21, 2017.
C. Application Package
Laboratories wishing to participate
will complete and return a customized
application package that includes the
following: IDC data, including
precision, accuracy and results of MRL
studies; information regarding analytical
equipment and other materials; proof of
current drinking water laboratory
certification (for select compliance
monitoring methods); and example
chromatograms for each method under
review. Laboratories must complete and
submit the necessary application
materials by April 19, 2017.
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As a condition of receiving and
maintaining approval, the laboratory is
expected to confirm that it will post
UCMR 4 monitoring results and quality
control data that meet method criteria
(on behalf of its PWS clients) to EPA’s
UCMR electronic data reporting system,
SDWARS.
D. EPA’s Review of Application
Packages
EPA will review the application
packages and, if necessary, request
follow-up information. Laboratories that
successfully complete the application
process become eligible to participate in
the UCMR 4 PT program.
E. Proficiency Testing
A PT sample is a synthetic sample
containing a concentration of an analyte
or mixture of analytes that is known to
EPA, but unknown to the laboratory. To
be approved, a laboratory is expected to
meet specific acceptance criteria for the
analysis of a UCMR 4 PT sample(s) for
each analyte in each method, for which
the laboratory is seeking approval. EPA
intends to offer at least two
opportunities for a laboratory to
successfully analyze UCMR 4 PT
samples after publication of the final
rule. A laboratory is expected to pass
one of the PT studies for each analytical
method for which it is requesting
approval, and will not be required to
pass a PT study for a method it has
already passed in a previous UCMR 4
PT study. EPA does not expect to
conduct additional PT studies after the
start of system monitoring; however,
laboratory audits will likely be ongoing
throughout UCMR 4 implementation.
Initial laboratory approval is expected to
be contingent on successful completion
of a PT study. Continued laboratory
approval is contingent on successful
completion of the audit process and
satisfactorily meeting all the other stated
conditions.
F. Written EPA Approval
For laboratories that have already
successfully completed the preceding
steps (A through E), EPA will have sent
the applicant a letter listing the methods
for which approval is pending (i.e.,
pending promulgation of this rule).
Because no changes have been made to
the final rule that impact the laboratory
approval program, laboratories that
received pending approval letters will
be granted approval without further
action on their part. Additional
approval actions (i.e., for those
laboratories that apply and have not
already proceeded to the point of being
in ‘‘approval pending’’ status) will be
based on laboratory completion of Steps
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A through E. In both cases, EPA will
document its final decision in writing.
EPA did not receive any adverse
comments on the laboratory approval
process or criteria that it proposed.
V. What is the past and future
stakeholder involvement in the
regulation process?
A. What is the states’ role in the UCMR
program?
UCMR is a direct implementation rule
(i.e., EPA has primary responsibility for
its implementation) and state
participation is voluntary. Under
previous UCMRs, specific activities that
individual states, tribes and territories
agreed to carry out or assist with were
identified and established exclusively
through PAs. Through PAs, states, tribes
and territories can help EPA implement
the UCMR program and help ensure that
the UCMR data are of the highest quality
possible to best support Agency
decision making. Under UCMR 4, EPA
will continue to use the PA process to
determine and document the following:
the process for review and revision of
the SMPs; replacing and updating
system information; review and
approval of proposed GW representative
monitoring plans; notification and
instructions for systems; and
compliance assistance. EPA recognizes
that states/primacy agencies often have
the best information about PWSs in
their state and encourages states to
partner.
SMPs include tabular listings of the
systems that EPA selected and the
proposed schedule for their monitoring.
Initial SMPs also typically include
instructions to states for revising and/or
correcting system information in the
SMPs, including modifying the
sampling schedules for small systems.
EPA will incorporate revisions from
states, resolve any outstanding
questions and return the final SMPs to
each state.
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B. What stakeholder meetings have been
held in preparation for UCMR 4?
EPA incorporates stakeholder
involvement into each UCMR cycle.
Specific to the development of UCMR 4,
EPA held three public stakeholder
meetings and is announcing a fourth in
today’s preamble (see section V.C). EPA
held a meeting focused on drinking
water methods for CCL contaminants on
May 15, 2013, in Cincinnati, Ohio.
Participants included representatives of
state agencies, laboratories, PWSs,
environmental organizations and
drinking water associations. Meeting
topics included an overview of the
regulatory process (CCL, UCMR and
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Regulatory Determination) and drinking
water methods under development,
primarily for CCL contaminants (see
USEPA, 2013 for presentation
materials). EPA held a second
stakeholder meeting on June 25, 2014,
in Washington, DC. Attendees
representing state agencies, tribes,
laboratories, PWSs, environmental
organizations and drinking water
associations participated in the meeting
via webinar and in person. Meeting
topics included a status update on
UCMR 3; UCMR 4 potential sampling
design changes relative to UCMR 3;
UCMR 4 candidate analytes and
rationale; and the laboratory approval
process (see USEPA, 2014 for meeting
materials). The third stakeholder
meeting was held on January 13, 2016,
via a webinar, during the public
comment period for the proposed rule.
Attendees representing state agencies,
laboratories, PWSs, environmental
organizations and drinking water
associations participated. Meeting
topics included the proposed UCMR 4
monitoring requirements, analyte
selection and rationale, analytical
methods, the laboratory approval
process and GW representative
monitoring plans (see USEPA, 2016f for
meeting materials).
C. How do I participate in the upcoming
stakeholder meeting?
EPA will hold the fourth UCMR 4
public stakeholder meeting in
Washington, DC, on April 12, 2017.
Attendees can participate in person or
via webinar. Topics will include the
final UCMR 4 requirements for
monitoring, sampling and reporting,
analytical methods, the laboratory
approval process, GW representative
monitoring plans and consecutive
system monitoring plans.
1. Meeting Participation
Those who wish to participate in the
public meeting, whether in person or
via webinar, need to register in advance
no later than 5:00 p.m., eastern time on
April 7, 2017, by going to https://
www.eventbrite.com/e/ucmr-4-publicstakeholder-meeting-registration28264984329. To ensure adequate time
for questions, individuals or
organizations with specific questions
should identify any upfront questions
when they register. Additional
questions from attendees will be taken
during the meeting and answered as
time permits. The number of webinar
connections available for the meeting is
limited and will be available on a firstcome, first-served basis. Further details
about registration and participation can
be found on EPA’s Unregulated
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Contaminant Monitoring Program
‘‘Meetings and Materials’’ Web site at
https://www.epa.gov/dwucmr.
2. Meeting Materials
Materials are expected to be sent by
email to all registered attendees prior to
the meeting. EPA will post the materials
on the Agency’s Web site for persons
who are unable to participate.
D. How did EPA consider Children’s
Environmental Health?
Executive Order 13045 does not apply
to UCMR 4, however, EPA’s Policy on
Evaluating Health Risks to Children is
applicable (See VII.G. Executive Order
13045). By monitoring for unregulated
contaminants that may pose health risks
via drinking water, UCMR furthers the
protection of public health for all
citizens, including children. EPA
considered children’s health risks
during the development of UCMR 4.
This includes considering public
comments about candidate contaminant
priorities.
The objective of UCMR 4 is to collect
nationally representative drinking water
data on a set of unregulated
contaminants. EPA generally collects
occurrence data for contaminants at the
lowest levels that are feasible for the
national network of approved drinking
water laboratories to quantify
accurately. By setting reporting levels as
low as is feasible, the Agency positions
itself to better address contaminant risk
information in the future, including that
associated with unique risks to children.
E. How did EPA address Environmental
Justice?
The EPA has concluded that this
action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994)
because it does not establish an
environmental health or safety standard
(see VII.J. Executive Order 12898). This
regulatory action provides EPA and
other interested parties with
scientifically valid data on the national
occurrence of selected contaminants in
drinking water. By seeking to identify
unregulated contaminants that may pose
health risks via drinking water from all
PWSs, UCMR furthers the protection of
public health for all citizens. EPA
recognizes that unregulated
contaminants in drinking water are of
interest to all populations and
structured the rulemaking process and
implementation of the UCMR 4 rule to
allow for meaningful involvement and
transparency. EPA organized public
meetings and webinars to share
information regarding the development
of UCMR 4; coordinated with tribal
governments; and convened a
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workgroup that included representatives
from several states.
EPA will continue to collect U.S.
Postal Service Zip Codes for each PWS’s
service area, as collected under UCMR
3, to support assessment in future
regulatory evaluations of whether or not
minority, low-income and/or
indigenous-population communities are
uniquely impacted by particular
drinking water contaminants.
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VI. What documents are being
incorporated by reference?
The following methods are
incorporated by reference into this
section for UCMR 4 monitoring. All
approved material is available for
inspection electronically at https://
www.regulations.gov (Docket ID No.
EPA–HQ–OW–2015–0218), or from the
sources listed for each method. EPA has
worked to make these methods and
documents reasonably available to
interested parties. The EPA and nonEPA methods that support monitoring
under this rule are as follows:
A. Methods From the U.S.
Environmental Protection Agency
The following methods are from the
U.S. Environmental Protection Agency,
Water Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Avenue
NW., Washington, DC 20004.
1. Method 200.8 ‘‘Determination of
Trace Elements in Waters and Wastes by
Inductively Coupled Plasma—Mass
Spectrometry,’’ Revision 5.4, EMMC
Version, 1994. Available on the Internet
at https://www.nemi.gov. This is an EPA
method for the analysis of elements in
water by ICP–MS and will measure
germanium and manganese during
UCMR 4.
2. Method 300.0 ‘‘Determination of
Inorganic Anions by Ion
Chromatography Samples,’’ Revision
2.1, August 1993. Available on the
Internet at https://www.nemi.gov. This
is an EPA method for the analysis of
inorganic anions in water samples using
ion chromatography (IC) with
conductivity detection. It will be used
for the measurement of bromide, an
indicator for the HAAs.
3. Method 300.1 ‘‘Determination of
Inorganic Anions in Drinking Water by
Ion Chromatography,’’ Revision 1.0,
1997. Available on the Internet at
https://www.epa.gov/
dwanalyticalmethods. This is an EPA
method for the analysis of inorganic
anions in water samples using IC with
conductivity detection. It will be used
for the measurement of TOC, an
indicator for the HAAs.
4. Method 317.0 ‘‘Determination of
Inorganic Oxyhalide Disinfection By-
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Products in Drinking Water Using Ion
Chromatography with the Addition of a
Postcolumn Reagent for Trace Bromate
Analysis,’’ Revision 2.0, July 2001, EPA
815–B–01–001. Available on the
Internet at https://www.epa.gov/
dwanalyticalmethods. This is an EPA
method for the analysis of inorganic
anions in water samples using IC with
conductivity detection. It will be used
for the measurement of bromide, an
indicator for the HAAs.
5. Method 326.0 ‘‘Determination of
Inorganic Oxyhalide Disinfection ByProducts in Drinking Water Using Ion
Chromatography Incorporating the
Addition of a Suppressor Acidified
Postcolumn Reagent for Trace Bromate
Analysis,’’ Revision 1.0, June 2002, EPA
815–R–03–007. Available on the
Internet at https://www.epa.gov/
dwanalyticalmethods. This is an EPA
method for the analysis of inorganic
anions in water samples using IC with
conductivity detection. It will be used
for the measurement of bromide, an
indicator for the HAAs.
6. Method 415.3 ‘‘Determination of
Total Organic Carbon and Specific UV
Absorbance at 254 nm in Source Water
and Drinking Water,’’ Revision 1.1,
February 2005, EPA/600/R–05/055.
Available on the Internet at https://
www.epa.gov/water-research/epadrinking-water-research-methods. This
is an EPA method for the analysis of
TOC in water samples using a
conductivity detector or a nondispersive
infrared detector.
7. Method 415.3 ‘‘Determination of
Total Organic Carbon and Specific UV
Absorbance at 254 nm in Source Water
and Drinking Water,’’ Revision 1.2,
September 2009, EPA/600/R–09/122.
Available on the Internet at https://
www.epa.gov/water-research/epadrinking-water-research-methods. This
is an EPA method for the analysis of
TOC in water samples using a
conductivity detector or a nondispersive
infrared detector.
8. Method 525.3 ‘‘Determination of
Semivolatile Organic Chemicals in
Drinking Water by Solid Phase
Extraction and Capillary Column Gas
Chromatography/Mass Spectrometry
(GC/MS),’’ Version 1.0, February 2012,
EPA/600/R–12/010. Available on the
Internet https://www.epa.gov/waterresearch/epa-drinking-water-researchmethods. This is an EPA method for the
analysis of semivolatile organic
chemicals in drinking water using SPE
and GC/MS and will measure the nine
UCMR 4 pesticides (alphahexachlorocyclohexane, chlorpyrifos,
dimethipin, ethoprop, oxyfluorfen,
profenofos, tebuconazole, total cis- and
trans- permethrin and tribufos).
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9. Method 530 ‘‘Determination of
Select Semivolatile Organic Chemicals
in Drinking Water by Solid Phase
Extraction and Gas Chromatography/
Mass Spectrometry (GC/MS),’’ Version
1.0, January 2015, EPA/600/R–14/442.
Available on the Internet at https://
www.epa.gov/water-research/epadrinking-water-research-methods. This
is an EPA method for the analysis of
semivolatile organic chemicals in
drinking water using SPE and GC/MS
and will measure butylated
hydroxyanisole, o-toluidine and
quinoline.
10. EPA Method 541: ‘‘Determination
of 1-Butanol, 1,4-Dioxane, 2Methoxyethanol and 2-Propen-1-ol in
Drinking Water by Solid Phase
Extraction and Gas Chromatography/
Mass Spectrometry,’’ November 2015,
EPA 815–R–15–011. Available on the
Internet at https://www.epa.gov/waterresearch/epa-drinking-water-researchmethods. This is an EPA method for the
analysis of selected alcohols and 1,4dioxane in drinking water using SPE
and GC/MS and will measure 1-butanol,
2-methoxyethanol and 2-propen-1-ol.
11. Method 544 ‘‘Determination of
Microcystins and Nodularin in Drinking
Water by Solid Phase Extraction and
Liquid Chromatography/Tandem Mass
Spectrometry (LC/MS/MS),’’ Version
1.0, February 2015, EPA 600–R–14/474.
Available on the Internet at https://
www.epa.gov/water-research/epadrinking-water-research-methods. This
is an EPA method for the analysis of
selected cyanotoxins in drinking water
using SPE and LC–MS/MS with
electrospray ionization (ESI) and will
measure six microcystins (microcystinLA, microcystin-LF, microcystin-LR,
microcystin-LY, microcystin-RR and
microcystin-YR) and nodularin.
12. EPA Method 545: ‘‘Determination
of Cylindrospermopsin and Anatoxin-a
in Drinking Water by Liquid
Chromatography Electrospray Ionization
Tandem Mass Spectrometry (LC/ESI–
MS/MS),’’ April 2015, EPA 815–R–15–
009. Available on the Internet at https://
www.epa.gov/dwanalyticalmethods.
This is an EPA method for the analysis
of selected cyanotoxins in drinking
water using LC–MS/MS with ESI and
will measure cylindrospermopsin and
anatoxin-a.
13. EPA Method 546: ‘‘Determination
of Total Microcystins and Nodularins in
Drinking Water and Ambient Water by
Adda Enzyme-Linked Immunosorbent
Assay,’’ August 2016, EPA–815–B–16–
011. Available on the Internet at https://
www.epa.gov/dwanalyticalmethods.
This is an EPA method for the analysis
of total microcystins and nodularins in
drinking water using ELISA.
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14. Method 552.3 ‘‘Determination of
Haloacetic Acids and Dalapon in
Drinking Water by Liquid-Liquid
Microextraction, Derivatization, and Gas
Chromatography with Electron Capture
Detection,’’ Revision 1.0, July 2003, EPA
815–B–03–002. Available on the
Internet at https://www.epa.gov/
dwanalyticalmethods. This is an EPA
method for the analysis of haloacetic
acids and dalapon in drinking water
using liquid-liquid microextraction,
derivatization, and GC with ECD, and
will measure the three UCMR 4 HAA
groups (HAA5, HAA6Br and HAA9).
15. EPA Method 557: ‘‘Determination
of Haloacetic Acids, Bromate, and
Dalapon in Drinking Water by Ion
Chromatography Electrospray Ionization
Tandem Mass Spectrometry (IC–ESI–
MS/MS),’’ Version 1.0, September 2009,
EPA 815–B–09–012. Available on the
Internet at https://www.epa.gov/
dwanalyticalmethods. This is an EPA
method for the analysis of haloacetic
acids, bromate, and dalapon in drinking
water using IC–MS/MS with ESI, and
will measure the three UCMR 4 HAA
groups (HAA5, HAA6Br and HAA9).
B. Methods From American Public
Health Association—Standard Methods
(SM)
The following methods are from
American Public Health Association—
Standard Methods (SM), 800 I Street
NW., Washington, DC 20001–3710
1. ‘‘Standard Methods for the
Examination of Water & Wastewater,’’
21st edition (2005).
a. SM 3125 ‘‘Metals by Inductively
Coupled Plasma/Mass Spectrometry.’’
This is a Standard Method for the
analysis of metals and metalloids in
water by ICP–MS and is used for the
analysis of germanium and manganese.
b. SM 5310B ‘‘Total Organic Carbon
(TOC): High-Temperature Combustion
Method.’’ This is a Standard Method for
the analysis of TOC in water samples
using a conductivity detector or a
nondispersive infrared detector.
c. SM 5310C ‘‘Total Organic Carbon
(TOC): Persulfate-UV or HeatedPersulfate Oxidation Method.’’ This is a
Standard Method for the analysis of
TOC in water samples using
conductivity detector or a nondispersive
infrared detector.
d. SM 5310D ‘‘Total Organic Carbon
(TOC): Wet-Oxidation Method.’’ This is
a Standard Method for the analysis of
TOC in water samples using a
conductivity detector or a nondispersive
infrared detector.
2. ‘‘Standard Methods Online.,’’
approved 2000 (unless noted). Available
for purchase on the Internet at https://
www.standardmethods.org.
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a. SM 3125 ‘‘Metals by Inductively
Coupled Plasma/Mass Spectrometry’’
Editorial revisions, 2011 (SM 3125–09).
This is a Standard Method for the
analysis of metals and metalloids in
water by ICP–MS and is used to
measure germanium and manganese.
b. SM 5310B ‘‘Total Organic Carbon:
High-Temperature Combustion
Method,’’ (5310B–00). This is a
Standard Method for the analysis of
TOC in water samples using a
conductivity detector or a nondispersive
infrared detector.
c. SM 5310C ‘‘Total Organic Carbon:
Persulfate-UV or Heated-Persulfate
Oxidation Method,’’ (5310C–00). This is
a Standard Method for the analysis of
TOC in water samples using a
conductivity detector or a nondispersive
infrared detector.
d. SM 5310D ‘‘Total Organic Carbon:
Wet-Oxidation Method,’’ (5310D–00).
This is a Standard Method for the
analysis of TOC in water samples using
a conductivity detector or a
nondispersive infrared detector.
C. Methods From ASTM International
The following methods are from
ASTM International, 100 Barr Harbor
Drive, West Conshohocken, PA 19428–
2959.
1. ASTM D5673–10 ‘‘Standard Test
Method for Elements in Water by
Inductively Coupled Plasma-Mass
Spectrometry,’’ approved August 1,
2010. Available for purchase on the
Internet at https://www.astm.org/
Standards/D5673.htm. This is an ASTM
method for the analysis of elements in
water by ICP–MS and is used to
measure germanium and manganese.
2. ASTM D6581–12 ‘‘Standard Test
Methods for Bromate, Bromide,
Chlorate, and Chlorite in Drinking
Water by Suppressed Ion
Chromatography,’’ approved March 1,
2012. Available for purchase on the
Internet at https://www.astm.org/
Standards/D6581.htm. This is an ASTM
method for the analysis of inorganic
anions in water samples using IC with
conductivity detection. It will be used
for the measurement of bromide, an
indicator for the HAAs.
VII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is a significant regulatory
action that was submitted to the Office
of Management and Budget (OMB) for
review. Any changes made in response
to OMB recommendations have been
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documented in the docket,
‘‘Documentation of OMB Review Under
Executive Order 12866: Revisions to the
Unregulated Contaminant Monitoring
Regulation (UCMR 4) for Public Water
Systems.’’ The EPA prepared an
analysis of the potential costs associated
with this action, and this is also
available in the docket, ‘‘Information
Collection Request for the Unregulated
Contaminant Monitoring Rule (UCMR
4).’’
B. Paperwork Reduction Act (PRA)
The information collection activities
in this rule have been submitted for
approval to OMB under the PRA. The
ICR document that the EPA prepared
has been assigned EPA ICR number
2192.08. You can find a copy of the ICR
in the docket for this rule, and it is
briefly summarized here. The ICR
requirements are not enforceable until
OMB approves them.
The information that EPA will collect
under this rule fulfills the statutory
requirements of section 1445(a)(2) of the
SDWA, as amended in 1996. EPA will
collect information that describes the
source of the water, location and test
results for samples taken from PWSs as
described in 40 CFR 141.35(e). The
information collected will support
Agency decisions as to whether or not
to regulate particular contaminants
under the SDWA. Reporting is
mandatory. The data are not subject to
confidentiality protection.
EPA received a number of comments
regarding cost and burden of the
proposed rule. Those comments
recommended the following: Omit
source water monitoring for
microcystins; omit UCMR 4 HAA
monitoring for PWSs that do not
conduct HAA compliance monitoring;
allow monitoring over a 12-month
period for contaminants other than
cyanotoxins; and provide more accurate
cost estimates. Based on these public
comments, the following changes were
made to the final rule. EPA’s response
is detailed more fully in the ‘‘Response
to Comments Document for the
Unregulated Contaminant Monitoring
Rule (UCMR 4),’’ (USEPA, 2016b),
which can be found in the electronic
docket listed in the ADDRESSES section
of this notice.
1. Removed the proposed source
water monitoring requirement for
microcystins, temperature and pH.
2. Limited UCMR 4 HAA monitoring
to only those PWSs that are subject to
the D/DBPRs.
3. Restored the traditional 12-month
monitoring schedule for the 20
additional (non-cyanotoxin)
contaminants. This will support PWSs
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that wish to do concurrent HAA
compliance monitoring and UCMR 4
sampling.
4. Increased the wage estimates to
2016 rates using the Employment Cost
Index for waters and salaries in trade,
transport and utilities.
5. Updated the analytical costs of each
method with new cost estimates from
more laboratories.
The annual burden and cost estimates
described in this section are based on
the implementation assumptions
described in section III. In general,
burden hours were calculated by:
1. Determining the activities that
PWSs and states would complete to
comply with the UCMR activity;
2. Estimating the number of hours per
activity;
3. Estimating the number of
respondents per activity; and
4. Multiplying the hours per activity
by the number of respondents for that
activity.
Respondents to UCMR 4 include
1,600 small PWSs (800 for cyanotoxin
monitoring and a different set of 800 for
monitoring the additional 20
contaminants), the ∼4,292 large PWSs
and the 56 states and primacy agencies
(∼5,948 total respondents). The
frequency of response varies across
respondents and years. System costs
(particularly laboratory analytical costs)
vary depending on the number of
sampling locations. For cost estimates,
EPA assumed that systems will conduct
sampling evenly from January 2018
through December 2020, excluding
December, January and February of each
year for cyanotoxins (i.e., one-third of
the systems in each year of monitoring).
Because the applicable ICR period is
2017–2019, one year of monitoring
activity (i.e., 2020) is not captured in the
ICR estimates; this will be addressed in
a subsequent ICR renewal for UCMR 4.
Small PWSs that are selected for
UCMR 4 monitoring will sample an
average of 6.7 times per PWS (i.e.,
number of responses per PWS) across
the 3-year ICR period. The average
burden per response for small PWSs is
estimated to be 2.8 hours. Large PWSs
(those serving 10,001 to 100,000 people)
and very large PWSs (those serving
more than 100,000 people) will sample
and report an average of 11.4 and 14.1
times per PWS, respectively, across the
3-year ICR period. The average burden
per response for large and very large
PWSs is estimated at 6.1 and 9.9 hours,
respectively. States are assumed to have
an annual average burden of 244.3 hours
related to coordination with EPA and
PWSs. In the aggregate, during the ICR
period, the average response (e.g.,
responses from PWSs and states) is
associated with a burden of 6.9 hours,
with a labor plus non-labor cost of
$1,636 per response.
The annual average per-respondent
burden hours and costs for the ICR
period are: Small PWSs—6.1 hours, or
$169, for labor; large PWSs—23.3 hours,
or $684, for labor and $5,756 for
analytical costs; very large PWSs—46.4
hours, or $1,253, for labor and $15,680
for analytical costs; and states—244.3
hours, or $11,789, for labor. Annual
average burden and cost per respondent
(including both systems and states) is
estimated to be 23.3 hours, with a labor
plus non-labor cost of $3,718 per
respondent. Burden is defined at 5 CFR
1320.3(b).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s rules in 40 CFR are
listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will
announce that approval in the Federal
Register and publish a technical
amendment to 40 CFR part 9 to display
the OMB control number for the
approved information collection
activities contained in this final rule.
C. Regulatory Flexibility Act (RFA)
For purposes of assessing the impacts
of this rule on small entities, EPA
considered small entities to be PWSs
serving 10,000 or fewer people, because
this is the system size specified in the
SDWA as requiring special
consideration with respect to small
system flexibility. As required by the
RFA, EPA proposed using this
alternative definition in the FR, (63 FR
7606, February 13, 1998 (USEPA,
1998a)), sought public comment,
consulted with the Small Business
Administration (SBA) and finalized the
alternative definition in the Consumer
Confidence Reports rulemaking, (63 FR
44512, August 19, 1998 (USEPA,
1998b)). As stated in that Final Rule, the
alternative definition will be applied to
future drinking water rules, including
this rule.
An agency certifies that a rule will not
have a significant economic impact on
a substantial number of small entities
under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on a substantial number of small
entities if the rule relieves regulatory
burden, has no net burden or otherwise
has a positive economic effect on the
small entities subject to the rule. The
evaluation of the overall impact on
small systems, summarized in the
preceding discussion, is further
described as follows. EPA analyzed the
impacts for privately-owned and
publicly-owned water systems
separately, due to the different
economic characteristics of these
ownership types, such as different rate
structures and profit goals. However, for
both publicly- and privately-owned
systems, EPA used the ‘‘revenue test,’’
which compares annual system costs
attributed to the rule to the system’s
annual revenues. EPA used median
revenue data from the 2006 CWS Survey
for public and private water systems
(USEPA, 2009c). The revenue figures
were updated to 2016 dollars, and
increased by three percent to account
for inflation. EPA assumes that the
distribution of the sample of
participating small systems will reflect
the proportions of publicly- and
privately-owned systems in the national
inventory. The estimated distribution of
the representative sample, categorized
by ownership type, source water and
system size, is presented in Exhibit 6.
EXHIBIT 6—NUMBER OF PUBLICLY- AND PRIVATELY-OWNED SMALL SYSTEMS SUBJECT TO UCMR 4
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System size
(# of people served)
Publicly-owned
Privatelyowned
Total 1
Ground Water
500 and under .............................................................................................................................
501 to 3,300 .................................................................................................................................
3,301 to 10,000 ............................................................................................................................
21
161
179
64
62
41
85
223
220
Subtotal GW .........................................................................................................................
361
167
528
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92681
EXHIBIT 6—NUMBER OF PUBLICLY- AND PRIVATELY-OWNED SMALL SYSTEMS SUBJECT TO UCMR 4—Continued
System size
(# of people served)
Privatelyowned
Publicly-owned
Total 1
Surface Water (and GWUDI)
500 and under .............................................................................................................................
501 to 3,300 .................................................................................................................................
3,301 to 10,000 ............................................................................................................................
18
241
548
21
86
158
39
327
706
Subtotal SW ..........................................................................................................................
807
265
1,072
Total of Small Water Systems ......................................................................................
1,168
432
1,600
1 PWS
counts were adjusted to display as whole numbers in each size category.
The basis for the UCMR 4 RFA
certification is as follows: For the 1,600
small water systems that will be
affected, the average annual cost for
complying with this rule represents no
more than 0.7% of system revenues (the
highest estimated percentage is for GW
systems serving 500 or fewer people, at
0.7% of its median revenue). Exhibit 7
presents the yearly cost to small systems
and to EPA for the small system
sampling program, along with an
illustration of system participation for
each year of UCMR 4.
EXHIBIT 7—IMPLEMENTATION OF UCMR 4 AT SMALL SYSTEMS
Cost description
2017
2018
2019
2020
Total 1
2021
Costs to EPA for Small System Program (Assessment Monitoring)
$0
$5,635,113
$5,635,113
$5,635,113
$0
$16,905,340
270,848
0
812,545
5,905,962
5,905,962
0
17,717,886
1/3 PWSs
Sample
1/3 PWSs
Sample
1/3 PWSs
Sample
1/3 PWSs
Sample
........................
800
........................
800
Costs to Small Systems (Assessment Monitoring)
0
270,848
270,848
Total Costs to EPA and Small Systems for UCMR 4
0
5,905,962
System Monitoring Activity Timeline 2
Assessment Monitoring: Cyanotoxins .......................................
........................
Assessment Monitoring: 20 Additional Contaminants ..............
........................
1/3 PWSs
Sample
1/3 PWSs
Sample
1 Totals
2 Total
may not equal the sum of components due to rounding.
number of systems is 1,600. No small system conducts Assessment Monitoring for both cyanotoxins and the 20 additional contaminants.
PWS costs are attributed to the labor
required for reading about UCMR 4
requirements, monitoring, reporting and
record keeping. The estimated average
annual burden across the 5-year UCMR
4 implementation period of 2017–2021
is 2.8 hours at $102 per small system.
Average annual cost, in all cases, is less
than 0.7% of system revenues. By
assuming all costs for laboratory
analyses, shipping and quality control
for small entities, EPA incurs the
entirety of the non-labor costs
associated with UCMR 4 small system
monitoring, or 95% of total small
system testing costs. Exhibit 8 and
Exhibit 9 present the estimated
economic impacts in the form of a
revenue test for publicly- and privatelyowned systems.
EXHIBIT 8—UCMR 4 RELATIVE COST ANALYSIS FOR SMALL PUBLICLY-OWNED SYSTEMS (2017–2021)
Annual
number of
systems
impacted 1
System size
(# of people served)
Average
annual hours
per system
(2017–2021)
Average
annual cost
per system
(2017–2021)
Revenue test 2
(%)
Ground Water Systems
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500 and under .................................................................................................
501 to 3,300 .....................................................................................................
3,301 to 10,000 ................................................................................................
4
32
36
1.5
1.6
1.7
$55
59
63
0.14
0.04
0.01
3.3
3.3
3.4
119
119
124
0.16
0.04
0.01
Surface Water (and GWUDI) Systems
500 and under .................................................................................................
501 to 3,300 .....................................................................................................
3,301 to 10,000 ................................................................................................
4
48
110
1 PWS
counts were adjusted to display as whole numbers in each size category.
Revenue Test was used to evaluate the economic impact of an information collection on small government entities (e.g., publicly-owned
systems); costs are presented as a percentage of median annual revenue in each size category (EPA, 2009c).
2 The
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EXHIBIT 9—UCMR 4 RELATIVE COST ANALYSIS FOR SMALL PRIVATELY-OWNED SYSTEMS (2017–2021)
Annual
number of
systems
impacted 1
System size
(# of people served)
Average
annual hours
per system
(2017–2021)
Average
annual cost
per system
(2017–2021)
Revenue test 2
(%)
Ground Water Systems
500 and under .................................................................................................
501 to 3,300 .....................................................................................................
3,301 to 10,000 ................................................................................................
13
12
8
1.5
1.6
1.7
$55
59
63
0.74
0.04
0.01
3.3
3.3
3.4
119
119
124
0.28
0.04
0.01
Surface Water (and GWUDI) Systems
500 and under .................................................................................................
501 to 3,300 .....................................................................................................
3,301 to 10,000 ................................................................................................
4
17
32
1 PWS
counts were adjusted to display as whole numbers in each size category.
Revenue Test was used to evaluate the economic impact of an information collection on small government entities (e.g., privately-owned
systems); costs are presented as a percentage of median annual revenue in each size category (EPA, 2009c).
2 The
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The Agency has determined that
1,600 small PWSs (for Assessment
Monitoring), or approximately 4.2% of
all small systems, will experience an
impact of no more than 0.7% of
revenues; the remainder of small
systems will not be impacted.
Although this rule will not have a
significant economic impact on a
substantial number of small entities,
EPA has attempted to reduce this
impact by assuming all costs for
analyses of the samples and for shipping
the samples from small systems to
laboratories contracted by EPA to
analyze UCMR 4 samples (the cost of
shipping is now included in the cost of
each analytical method). EPA has set
aside $2.0 million each year from the
Drinking Water State Revolving Fund
(SRF), with its authority to use SRF
monies for the purposes of
implementing this provision of the
SDWA. Thus, the costs to these small
systems will be limited to the labor
associated with collecting a sample and
preparing it for shipping.
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on small entities. The Agency
therefore concluded that this action will
have no net regulatory burden for all
directly regulated small entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain an
annual unfunded mandate of $100
million or more as described in UMRA,
2 U.S.C. 1531–1538, and does not
significantly or uniquely affect small
governments. The action implements
mandate(s) specifically and explicitly
set forth in the SDWA without the
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exercise of any policy discretion by the
EPA.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. As described
previously, this rule requires monitoring
by all large PWSs. Information in the
SDWIS/Fed water system inventory
indicates there are 17 large tribal PWSs
(ranging in size from 10,001 to 40,000
customers). EPA estimates the average
annual cost to each of these large PWSs,
over the 5-year rule period, to be $3,864.
This cost is based on a labor component
(associated with the collection of
samples), and a non-labor component
(associated with shipping and
laboratory fees), and represents 1.1% of
average revenue/sales for large PWSs.
UCMR also requires monitoring by a
nationally representative sample of
small PWSs. EPA estimates that
approximately 1.5% of small tribal
systems will be selected as a nationally
representative sample for Assessment
Monitoring. EPA estimates the average
annual cost to small tribal systems over
the 5-year rule period to be $102. Such
cost is based on the labor associated
with collecting a sample and preparing
it for shipping and represents less than
0.7% of average revenue/sales for small
PWSs. All other small PWS expenses
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(associated with shipping and
laboratory fees) are paid by EPA.
EPA consulted with tribal officials
under the EPA Policy on Consultation
and Coordination with Indian Tribes
early in the process of developing this
rule to permit them to have meaningful
and timely input into its development.
A summary of that consultation is
provided in the electronic docket listed
in the ADDRESSES section of this notice.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because
EPA does not think the environmental
health or safety risks addressed by this
action present a disproportionate risk to
children. This action’s health and risk
assessments are addressed in section
V.D of the preamble.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not a ‘‘significant
energy action’’ because it is not likely to
have a significant adverse effect on the
supply, distribution or use of energy.
This is a national drinking water
occurrence study that was submitted to
OMB for review.
I. National Technology Transfer and
Advancement Act and 1 CFR Part 51
This action involves technical
standards. This rule uses methods
developed by the Agency and two major
voluntary consensus method
organizations to support UCMR 4
monitoring. The voluntary consensus
method organizations are Standard
Methods and ASTM International. EPA
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identified acceptable consensus method
organization standards for the analysis
of manganese and germanium. In
addition, there are several consensus
standards that are approved for
compliance monitoring that will be
available for use in the analysis of TOC
and bromide. A summary of each
method along with how the method
specifically applies to UCMR 4 can be
found in section VI of the preamble.
All of these standards are reasonably
available for public use. The Agency
methods are free for download on EPA’s
Web site. The methods in the Standard
Method 21st edition are consensus
standards, available for purchase from
the publisher, and are commonly used
by the drinking water community. The
methods in the Standard Method Online
are consensus standards, available for
purchase from the publisher’s Web site,
and are commonly used by the drinking
water community. The methods from
ASTM International are consensus
standards, are available for purchase
from the publisher’s Web site, and are
commonly used by the drinking water
community.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA concludes that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard. Background
information regarding EPA’s
consideration of Executive Order 12898
in the development of this final rule is
provided in section V.E of this
preamble, and an additional supporting
document has been placed in the
electronic docket listed in the
ADDRESSES section of this notice.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
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VIII. References
ASDWA. 2013. Insufficient Resources for
State Drinking Water Programs Threaten
Public Health: An Analysis of State Drinking
Water Programs’ Resources and Needs.
December 2013.
ASTM. 2010. ASTM D5673–10—Standard
Test Method for Elements in Water by
Inductively Coupled Plasma-Mass
Spectrometry. Approved August 1, 2010.
Available for purchase on the Internet at
https://www.astm.org/Standards/D5673.htm.
ASTM. 2012. ASTM D6581–12—Standard
Test Methods for Bromate, Bromide,
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Chlorate, and Chlorite in Drinking Water by
Suppressed Ion Chromatography. Available
for purchase on the Internet at https://
www.astm.org/Standards/D6581.htm.
Fischer, W.J., Garthwaite, I., Miles, C.O.,
Ross, K.M., Aggen, J.B., Chamberlin, A.R.,
Towers, N.R., Dietrich, D.R. 2001. CongenerIndependent Immunoassay for Microcystins
and Nodularins. Environmental Science &
Technology, 35 (24), pp 4849–4856.
Available for purchase on the Internet at
https://dx.doi.org/10.1021/es011182f.
McElhiney, J., and Lawton, L.A. 2005.
Detection of the Cyanobacterial Hepatotoxins
Microcystins. Toxicology and Applied
Pharmacology, 203 (3): 219–230. Available
for purchase on the Internet at https://
dx.doi.org/10.1016/j.taap.2004.06.002.
Ohio EPA. 2015. Ohio EPA Total
(Extracellular and Intracellular)
Microcystins—Adda by ELISA Analytical
Methodology. Version 2.0. January 2015.
Available on the Internet at https://
www.epa.ohio.gov/Portals/28/documents/
habs/HAB_Analytical_Methodology.pdf.
SM Online. 2000a. SM 5310B–00—The
Determination of Total Organic Carbon by
High-Temperature Combustion Method.
Standard Methods Online. Available for
purchase on the Internet at https://
www.standardmethods.org.
SM Online. 2000b. SM 5310C–00—Total
organic carbon by Persulfate-UV or HeatedPersulfate Oxidation Method. Standard
Methods Online. Available for purchase on
the Internet at https://
www.standardmethods.org.
SM Online. 2000c. SM 5310D–00—Total
organic carbon by Wet-Oxidation Method.
Standard Methods Online. Available for
purchase on the Internet at https://
www.standardmethods.org.
SM. 2005a. SM 3125—Metals by
Inductively Coupled Plasma/Mass
Spectrometry. Standard Methods for the
Examination of Water & Wastewater, 21st
edition. American Public Health Association,
800 I Street NW., Washington, DC 20001–
3710.
SM. 2005b. SM 5310B—The Determination
of Total Organic Carbon by HighTemperature Combustion Method. Standard
Methods for the Examination of Water &
Wastewater, 21st edition. American Public
Health Association, 800 I Street NW.,
Washington, DC 20001–3710.
SM. 2005c. SM 5310C–00—Total Organic
Carbon by Persulfate-UV or Heated-Persulfate
Oxidation Method. Standard Methods for the
Examination of Water & Wastewater, 21st
edition. American Public Health Association,
800 I Street NW., Washington, DC 20001–
3710.
SM. 2005d. SM 5310D—Total Organic
Carbon by Wet-Oxidation Method. Standard
Methods for the Examination of Water &
Wastewater, 21st edition. American Public
Health Association, 800 I Street NW.,
Washington, DC 20001–3710.
SM Online. 2009. SM 3125–09—Metals by
Inductively Coupled Plasma/Mass
Spectrometry (Editorial revisions, 2011).
Standard Methods Online. Available for
purchase on the Internet at https://
www.standardmethods.org.
USEPA. 1993. EPA Method 300.0—
Determination of Inorganic Anions by Ion
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Chromatography Samples. Revision 2.1.
Available on the Internet at https://
www.nemi.gov.
USEPA. 1994. EPA Method 200.8—
Determination of Trace Elements in Waters
and Wastes by Inductively Coupled PlasmaMass Spectrometry. Revision 5.4. Available
on the Internet at https://www.nemi.gov/.
USEPA. 1997. EPA Method 300.1—
Determination of Inorganic Anions in
Drinking Water by Ion Chromatography.
Revision 1.0. 1997. Available on the Internet
at https://www.epa.gov/
dwanalyticalmethods.
USEPA. 1998a. National Primary Drinking
Water Regulations: Consumer Confidence
Reports; Proposed Rule. Federal Register.
Vol. 63, No. 30, p. 7606, February 13, 1998.
USEPA. 1998b. National Primary Drinking
Water Regulation: Consumer Confidence
Reports; Final Rule. Federal Register. Vol.
63, No. 160, p. 44512, August 19, 1998.
USEPA. 1999. Revisions to the Unregulated
Contaminant Monitoring Regulation for
Public Water Systems; Final Rule. Federal
Register. Vol. 64, No. 180, p. 50556,
September 17, 1999.
USEPA. 2001a. Statistical Design and
Sample Selection for the Unregulated
Contaminant Monitoring Regulation (1999).
EPA 815–R–01–004, August 2001.
USEPA. 2001b. EPA Method 317.0—
Determination of Inorganic Oxyhalide
Disinfection By-Products in Drinking Water
Using Ion Chromatography with the Addition
of a Postcolumn Reagent for Trace Bromate
Analysis. Revision 2.0. EPA 815–B–01–001.
Available on the Internet at https://
www.epa.gov/dwanalyticalmethods.
USEPA. 2002. EPA Method 326.0—
Determination of Inorganic Oxyhalide
Disinfection By-Products in Drinking Water
Using Ion Chromatography Incorporating the
Addition of a Suppressor Acidified
Postcolumn Reagent for Trace Bromate
Analysis. Revision 1.0. EPA 815–R–03–007.
Available on the Internet at https://
www.epa.gov/dwanalyticalmethods.
USEPA. 2003. EPA Method 552.3—
Determination of Haloacetic Acids and
Dalapon in Drinking Water by Liquid-Liquid
Microextraction, Derivatization, and Gas
Chromatography with Electron Capture
Detection. Revision 1.0. EPA 815–B–03–002,
July 2003. Available on the Internet at
https://www.epa.gov/dwanalyticalmethods.
USEPA. 2005. EPA Method 415.3—
Determination of Total Organic Carbon and
Specific UV Absorbance at 254 nm in Source
Water and Drinking Water. Revision 1.1.
EPA/600/R–05/055, February 2005. Available
on the Internet at https://www.epa.gov/waterresearch/epa-drinking-water-researchmethods.
USEPA. 2007. Unregulated Contaminant
Monitoring Regulation (UCMR) for Public
Water Systems Revisions. Federal Register.
Vol. 72, No. 2, p. 368, January 4, 2007.
USEPA. 2009a. EPA Method 557—
Determination of Haloacetic Acids, Bromate,
and Dalapon in Drinking Water by Ion
Chromatography Electrospray Ionization
Tandem Mass Spectrometry (IC–ESI–MS/
MS). Version 1.0. EPA 815–B–09–012,
September 2009. Available on the Internet at
https://www.epa.gov/dwanalyticalmethods.
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USEPA. 2009b. EPA Method 415.3—
Determination of Total Organic Carbon and
Specific UV Absorbance at 254 nm in Source
Water and Drinking Water. Revision 1.2.
EPA/600/R–09/122, September 2009.
Available on the Internet at https://
www.epa.gov/water-research/epa-drinkingwater-research-methods.
USEPA. 2009c. 2006 Community Water
Survey. Volume II: Detailed Tables and
Survey Methodology. EPA 815–R–09–002,
May 2009. Available on the Internet at
https://www.epa.gov/
dwstandardsregulations/community-watersystem-survey.
USEPA. 2012a. Revisions to the
Unregulated Contaminant Monitoring
Regulation (UCMR 3) for Public Water
Systems; Final Rule. Federal Register. Vol.
77, No. 85, p. 26072, May 2, 2012.
USEPA. 2012b. EPA Method 525.3—
Determination of Semivolatile Organic
Chemicals in Drinking Water by Solid Phase
Extraction and Capillary Column Gas
Chromatography/Mass Spectrometry (GC/
MS). Version 1.0. EPA/600/R–12/010,
February 2012. Available on the Internet at
https://www.epa.gov/water-research/epadrinking-water-research-methods.
USEPA. 2013. Meetings and Materials for
the Unregulated Contaminant Monitoring
Program. Available on the Internet at https://
www.epa.gov/dwucmr.
USEPA. 2014. Stakeholder Meeting Slides
Regarding Revisions to the Unregulated
Contaminant Monitoring Regulation.
Available on the Internet at https://
www.epa.gov/dwucmr.
USEPA. 2015a. Revisions to the
Unregulated Contaminant Monitoring Rule
(UCMR 4) for Public Water Systems and
Announcement of a Public Meeting;
Proposed Rule. Federal Register. Vol 80, No.
238, p. 76897, December 11, 2015.
USEPA. 2015b. EPA Method 544—
Determination of Microcystins and Nodularin
in Drinking Water by Solid Phase Extraction
and Liquid Chromatography/Tandem Mass
Spectrometry (LC/MS/MS). Version 1.0. EPA–
600–R–14/474, February 2015. Available on
the Internet at https://www.epa.gov/waterresearch/epa-drinking-water-researchmethods.
USEPA. 2015c. EPA Method 545—
Determination of Cylindrospermopsin and
Anatoxin-a in Drinking Water by Liquid
Chromatography Electrospray Ionization
Tandem Mass Spectrometry (LC/ESI–MS/
MS). EPA 815–R–15–009, April 2015.
Available on the Internet at https://
www.epa.gov/dwanalyticalmethods.
USEPA. 2015d. EPA Method 541—
Determination of 1-Butanol, 1,4-Dioxane, 2Methoxyethanol And 2-Propen-1-ol in
Drinking Water by Solid Phase Extraction
and Gas Chromatography/Mass
Spectrometry. EPA 815–R–15–011,
November 2015. Available on the Internet at
https://www.epa.gov/dwanalyticalmethods.
USEPA. 2015e. EPA Method 530—
Determination of Select Semivolatile Organic
Chemicals in Drinking Water by Solid Phase
Extraction and Gas Chromatography/Mass
Spectrometry (GC/MS). Version 1.0. EPA/
600/R–14/442, January 2015. Available on
the Internet at https://www.epa.gov/water-
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USEPA. 2015f. Drinking Water Health
Advisory for the Cyanobacterial Microcystin
Toxins. EPA 820–R–15–100, June 2015.
Available on the Internet at https://
www.epa.gov/sites/production/files/2015-06/
documents/microcystins-report-2015.pdf.
USEPA. 2016a. Information Collection
Request for the Unregulated Contaminant
Monitoring Rule (UCMR 4). EPA 815–B–16–
019, November 2016.
USEPA. 2016b. Response to Comments
Document for the Unregulated Contaminant
Monitoring Rule (UCMR 4). EPA 815–R–16–
002, October 2016.
USEPA. 2016c. UCMR 4 Contaminants—
Information Compendium for Final Rule.
EPA 815–B–16–020, October 2016.
USEPA. 2016d. UCMR 4 Laboratory
Approval Requirements and Information
Document. EPA 815–B–16–026, November
2016.
USEPA. 2016e. EPA Method 546—
Determination of Total Microcystins and
Nodularins in Drinking Water and Ambient
Water by Adda Enzyme-Linked
Immunosorbent Assay. EPA 815–B–16–011,
August 2016. Available on the Internet at
https://www.epa.gov/dwanalyticalmethods.
USEPA. 2016f. Meetings and Materials for
the Unregulated Contaminant Monitoring
Program. Available on the Internet at https://
www.epa.gov/dwucmr/unregulatedcontaminant-monitoring-rule-ucmr-meetingsand-materials.
Zeck, A., Weller, M.G., Bursill, D.,
Niessner, R. 2001. Generic Microcystin
Immunoassay Based on Monoclonal
Antibodies Against Adda. Analyst, 126:
2002–2007. Available for purchase on the
Internet at https://dx.doi.org/10.1039/
B105064H.
List of Subjects in 40 CFR Part 141
Environmental protection, Chemicals,
Incorporation by reference, Indianlands, Intergovernmental relations,
Radiation protection, Reporting and
recordkeeping requirements, Water
supply.
Dated: December 8, 2016.
Gina McCarthy,
Administrator.
For the reasons set forth in the
preamble, EPA amends 40 CFR part 141
as follows:
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.
Subpart D—Reporting and
Recordkeeping
2. In § 141.35:
a. Revise the third sentence in
paragraph (b)(1).
■
■
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b. Revise the second and third
sentences in paragraph (b)(2).
■ c. Remove ‘‘October 1, 2012,’’ and add
in its place ‘‘December 31, 2017,’’ in
paragraph (c)(1).
■ d. Revise the second and third
sentences in paragraph (c)(2).
■ e. Revise the last sentence in
paragraph (c)(3)(i).
■ f. Revise the fifth sentence in
paragraph (c)(3)(ii).
■ g. Remove ‘‘October 1, 2012,’’ and add
in its place April 19, 2017, in paragraph
(c)(4).
■ h. Revise paragraphs (c)(5)(i), (c)(6)
introductory text, (d)(2), and (e).
The revisions and additions read as
follows:
■
§ 141.35 Reporting for unregulated
contaminant monitoring results.
*
*
*
*
*
(b) * * *
(1) * * * Information that must be
submitted using EPA’s electronic data
reporting system must be submitted
through: https://www.epa.gov/dwucmr.
* * *
(2) * * * If you have received a letter
from EPA or your State concerning your
required monitoring and your system
does not meet the applicability criteria
for UCMR established in § 141.40(a)(1)
or (2), or if a change occurs at your
system that may affect your
requirements under UCMR as defined in
§ 141.40(a)(3) through (5), you must
mail or email a letter to EPA, as
specified in paragraph (b)(1) of this
section. The letter must be from your
PWS Official and must include your
PWS Identification (PWSID) Code along
with an explanation as to why the
UCMR requirements are not applicable
to your PWS, or have changed for your
PWS, along with the appropriate contact
information.* * *
(c) * * *
(2) * * * You must provide your
sampling location(s) and inventory
information by December 31, 2017,
using EPA’s electronic data reporting
system. You must submit, verify or
update the following information for
each sampling location, or for each
approved representative sampling
location (as specified in paragraph (c)(3)
of this section regarding representative
sampling locations): PWSID Code; PWS
Name; PWS Facility Identification Code;
PWS Facility Name; PWS Facility Type;
Water Source Type; Sampling Point
Identification Code; Sampling Point
Name; and Sampling Point Type Code;
(as defined in Table 1 of paragraph (e)
of this section).
(3) * * *
(i) * * * You must submit a copy of
the existing alternate EPTDS sampling
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plan or your representative well
proposal, as appropriate, April 19, 2017,
as specified in paragraph (b)(1) of this
section.
(ii) * * * You must submit the
following information for each proposed
representative sampling location:
PWSID Code; PWS Name; PWS Facility
Identification Code; PWS Facility Name;
PWS Facility Type; Sampling Point
Identification Code; and Sampling Point
Name (as defined in Table 1, paragraph
(e) of this section). * * *
*
*
*
*
*
(5) * * *
(i) General rescheduling notification
requirements. Large systems may
change their monitoring schedules up to
December 31, 2017, using EPA’s
electronic data reporting system, as
specified in paragraph (b)(1) of this
section. After this date has passed, if
your PWS cannot sample according to
your assigned sampling schedule (e.g.,
because of budget constraints, or if a
sampling location will be closed during
the scheduled month of monitoring),
you must mail or email a letter to EPA,
as specified in paragraph (b)(1) of this
section, prior to the scheduled sampling
date. You must include an explanation
of why the samples cannot be taken
according to the assigned schedule, and
you must provide the alternative
schedule you are requesting. You must
not reschedule monitoring specifically
to avoid sample collection during a
suspected vulnerable period. You are
subject to your assigned UCMR
sampling schedule or the schedule that
you revised on or before December 31,
2017, unless and until you receive a
letter from EPA specifying a new
schedule.
*
*
*
*
*
(6) Reporting monitoring results. For
UCMR samples, you must report all data
elements specified in Table 1 of
paragraph (e) of this section, using
EPA’s electronic data reporting system.
You also must report any changes,
relative to what is currently posted,
made to data elements 1 through 9 to
EPA in writing, explaining the nature
and purpose of the proposed change, as
specified in paragraph (b)(1) of this
section.
*
*
*
*
*
(d) * * *
92685
(2) Reporting sampling information.
You must provide your sampling
location(s) by December 31, 2017, using
EPA’s electronic data reporting system,
as specified in paragraph (b)(1) of this
section. If this information changes, you
must report updates, including new
sources and sampling locations that are
put in use before or during the PWS’
UCMR sampling period, to EPA’s
electronic data reporting system within
30 days of the change, as specified in
paragraph (b)(1) of this section. You
must record all data elements listed in
Table 1 of paragraph (e) of this section
on each sample form and sample bottle,
as appropriate, provided to you by the
UCMR Sampling Coordinator. You must
send this information as specified in the
instructions of your sampling kit, which
will include the due date and return
address. You must report any changes
made in data elements 1 through 9 by
emailing an explanation of the nature
and purpose of the proposed change to
EPA, as specified in paragraph (b)(1) of
this section.
(e) Data elements. Table 1 defines the
data elements that must be provided for
UCMR monitoring.
TABLE 1—UNREGULATED CONTAMINANT MONITORING REPORTING REQUIREMENTS
Data element
Definition
1. Public Water System Identification (PWSID) Code.
The code used to identify each PWS. The code begins with the standard 2-character postal State abbreviation or Region code; the remaining 7 numbers are unique to each PWS in the State. The same identification code must be used to represent the PWS identification for all current and future UCMR monitoring.
Unique name, assigned once by the PWS.
An identification code established by the State or, at the State’s discretion, by the PWS, following the format of a 5-digit number unique within each PWS for each applicable facility (i.e., for each source of
water, treatment plant, distribution system, or any other facility associated with water treatment or delivery). The same identification code must be used to represent the facility for all current and future UCMR
monitoring.
Unique name, assigned once by the PWS, for every facility ID (e.g., Treatment Plant).
2. Public Water System Name .......
3. Public Water System Facility
Identification Code.
4. Public Water System Facility
Name.
5. Public Water System Facility
Type.
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6. Water Source Type .....................
7.
Sampling
Code.
Point
Identification
8. Sampling Point Name .................
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That code that identifies that type of facility as either:
CC = consecutive connection.
DS = distribution system.
IN = source water influent.
SS = sampling station.
TP = treatment plant.
OT = other.
The type of source water that supplies a water system facility. Systems must report one of the following
codes for each sampling location:
SW = surface water (to be reported for water facilities that are served entirely by a surface water source
during the twelve-month period).
GW = ground water (to be reported for water facilities that are served entirely by a ground water source
during the twelve-month period).
GU = ground water under the direct influence of surface water (to be reported for water facilities that are
served all or in part by ground water under the direct influence of surface water at any time during the
twelve-month sampling period), and are not served at all by surface water during this period.
MX = mixed water (to be reported for water facilities that are served by a mix of surface water, ground
water and/or ground water under the direct influence of surface water during the twelve-month period).
An identification code established by the State, or at the State’s discretion, by the PWS, that uniquely identifies each sampling point. Each sampling code must be unique within each applicable facility, for each
applicable sampling location (i.e., entry point to the distribution system, source water influent or distribution system sample at maximum residence time). The same identification code must be used to represent the sampling location for all current and future UCMR monitoring.
Unique sample point name, assigned once by the PWS, for every sample point ID (e.g., Entry Point).
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TABLE 1—UNREGULATED CONTAMINANT MONITORING REPORTING REQUIREMENTS—Continued
Data element
Definition
9. Sampling Point Type Code .........
A code that identifies the location of the sampling point as either:
SR = source water taken from plant influent; untreated water entering the water treatment plant (i.e., a location prior to any treatment).
EP = entry point to the distribution system.
DS = distribution system sample.
All of the disinfectants/oxidants that have been added prior to the entry point to the distribution system.
Please select all that apply:
PEMB = Permanganate.
HPXB = Hydrogen peroxide.
CLGA = Gaseous chlorine.
CLOF = Offsite Generated Hypochlorite (stored as a liquid form).
CLON = Onsite Generated Hypochlorite.
CAGC = Chloramine (formed with gaseous chlorine).
CAOF = Chloramine (formed with offsite hypochlorite).
CAON = Chloramine (formed with onsite hypochlorite).
CLDB = Chlorine dioxide.
OZON = Ozone.
ULVL = Ultraviolet light.
OTHD = All other types of disinfectant/oxidant.
NODU = No disinfectant/oxidant used.
Treatment information associated with the sample point. Please select all that apply:
CON = Conventional (non-softening, consisting of at least coagulation/sedimentation basins and filtration).
SFN = Softening.
RBF = River bank filtration.
PSD = Pre-sedimentation.
INF = In-line filtration.
DFL = Direct filtration.
SSF = Slow sand filtration.
BIO = Biological filtration (operated with an intention of maintaining biological activity within filter).
UTR = Unfiltered treatment for surface water source.
GWD = Groundwater system with disinfection only.
PAC = Application of powder activated carbon.
GAC = Granular activated carbon adsorption (not part of filters in CON, SCO, INF, DFL, or SSF).
AIR = Air stripping (packed towers, diffused gas contactors).
POB = Pre-oxidation with chlorine (applied before coagulation for CON or SFN plants or before filtration for
other filtration plants).
MFL = Membrane filtration.
IEX = Ionic exchange.
DAF = Dissolved air floatation.
CWL = Clear well/finished water storage without aeration.
CWA = Clear well/finished water storage with aeration.
ADS = Aeration in distribution system (localized treatment).
OTH = All other types of treatment.
NTU = No treatment used.
DKN = Do not know.
Disinfectant residual type in the distribution system for each HAA sample.
CL2 = Chlorine (i.e., originating from addition of free chlorine only).
CLO2 = chlorine dioxide.
CLM = Chloramines (originating from with addition of chlorine and ammonia or pre-formed chloramines).
CAC = Chlorine and chloramines (if being mixed from chlorinated and chloroaminated water).
NOD = No disinfectant residual.
The date the sample is collected, reported as 4-digit year, 2-digit month, and 2-digit day (YYYY/MM/DD).
An alphanumeric value up to 30 characters assigned by the laboratory to uniquely identify containers, or
groups of containers, containing water samples collected at the same sampling location for the same
sampling date.
The unregulated contaminant for which the sample is being analyzed.
The identification code of the analytical method used.
Laboratory assigned extraction batch ID. Must be unique for each extraction batch within the laboratory for
each method. For CCC samples report the Analysis Batch Identification Code as the value for this field.
For methods without an extraction batch, leave this field null.
Date for the start of the extraction batch (YYYY/MM/DD). For methods without an extraction batch, leave
this field null.
Laboratory assigned analysis batch ID. Must be unique for each analysis batch within the laboratory for
each method.
Date for the start of the analysis batch (YYYY/MM/DD).
The type of sample collected and/or prepared, as well as the fortification level. Permitted values include:
CF = concentration fortified; the concentration of a known contaminant added to a field sample reported
with sample analysis types LFSM, LFSMD, LFB, CCC and QCS.
CCC = continuing calibration check; a calibration standard containing the contaminant, the internal standard, and surrogate analyzed to verify the existing calibration for those contaminants.
FS = field sample; sample collected and submitted for analysis under this rule.
IS = internal standard; a standard that measures the relative response of contaminants.
10. Disinfectant Type ......................
11. Treatment Information ..............
12. Disinfectant Residual Type .......
13. Sample Collection Date ............
14. Sample Identification Code .......
15. Contaminant ..............................
16. Analytical Method Code ............
17. Extraction Batch Identification
Code.
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18. Extraction Date .........................
19. Analysis Batch Identification
Code.
20. Analysis Date ............................
21. Sample Analysis Type ..............
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TABLE 1—UNREGULATED CONTAMINANT MONITORING REPORTING REQUIREMENTS—Continued
Data element
Definition
22. Analytical Results—Sign ...........
23. Analytical Result—Measured
Value.
24. Additional Value ........................
25. Laboratory Identification Code ..
26. Sample Event Code ..................
27. Bloom Occurrence ....................
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28. Cyanotoxin Occurrence ............
29. Indicator of Possible Bloom—
Treatment.
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LFB = laboratory fortified blank; an aliquot of reagent water fortified with known quantities of the contaminants and all preservation compounds.
LRB = laboratory reagent blank; an aliquot of reagent water treated exactly as a field sample, including the
addition of preservatives, internal standards, and surrogates to determine if interferences are present in
the laboratory, reagents, or other equipment.
LFSM = laboratory fortified sample matrix; a UCMR field sample with a known amount of the contaminant
of interest and all preservation compounds added.
LFSMD = laboratory fortified sample matrix duplicate; duplicate of the laboratory fortified sample matrix.
QCS = quality control sample; a sample prepared with a source external to the one used for initial calibration and CCC. The QCS is used to check calibration standard integrity.
QHS = quality HAA sample; HAA sample collected and submitted for quality control purposes.
SUR = surrogate standard; a standard that assesses method performance for each extraction.
A value indicating whether the sample analysis result was:
(<) ‘‘less than’’ means the contaminant was not detected, or was detected at a level below the Minimum
Reporting Level.
(=) ‘‘equal to’’ means the contaminant was detected at the level reported in ‘‘Analytical Result— Measured
Value.’’
The actual numeric value of the analytical results for: Field samples; laboratory fortified matrix samples;
laboratory fortified sample matrix duplicates; and concentration fortified.
Represents the true value or the fortified concentration for spiked samples for QC Sample Analysis Types
(CCC, EQC, LFB, LFSM and LFSMD). For Sample Analysis Type FS and LRB and for IS and surrogate
QC Contaminants, leave this field null.
The code, assigned by EPA, used to identify each laboratory. The code begins with the standard two-character State postal abbreviation; the remaining five numbers are unique to each laboratory in the State.
A code assigned by the PWS for each sample event. This will associate samples with the PWS monitoring
plan to allow EPA to track compliance and completeness. Systems must assign the following codes:
SEC1, SEC2, SEC3, SEC4, SEC5, SEC6, SEC7 and SEC8—represent samples collected to meet UCMR
Assessment Monitoring requirements for cyanotoxins; where ‘‘SEC1’’ represents the first sampling period, ‘‘SEC2’’ the second period and so forth, for all eight sampling events.
SEA1, SEA2, SEA3 and SEA4—represent samples collected to meet UCMR Assessment Monitoring requirements for the additional contaminants; where ‘‘SEA1’’ and ‘‘SEA2’’ represent the first and second
sampling period for all water types; and ‘‘SEA3’’ and ‘‘SEA4’’ represent the third and fourth sampling period for SW and GU sources only.
A yes or no answer provided by the PWS for each cyanotoxin sample event.
Question: Preceding the finished water sample collection, did you observe an algal bloom in your source
waters near the intake?
YES = if yes, select all the YESs that apply:
YD = yes, on the day the UCMR cyanotoxin sample was collected.
YW = yes, between the day the sample was taken and the past week.
YM = yes, between the past week and past month.
YY = yes, between the past month and past year.
YP = yes, prior to the past year.
NO = have never seen a bloom.
A yes or no answer provided by the PWS for each cyanotoxin sample event.
Question: Preceding the finished water sample collection, were cyanotoxins ever detected in your source
waters near the intake and prior to any treatment (based on sampling by you or another party)?
YES = if yes, select all the YESs that apply:
YD = yes, on the day the UCMR cyanotoxin sample was collected.
YW = yes, between the day the sample was taken and the past week.
YM = yes, between the past week and past month.
YY = yes, between the past month and past year.
YP = yes, prior to the past year.
NO = have never detected cyanotoxins in source water.
NS = unaware of any source water cyanotoxin sampling.
Select all that apply (i.e., all that were detected) if you answered YES to detecting cyanotoxins in source
water:
MIC = Microcystins.
CYL = Cylindrospermopsin.
ANA = Anatoxin-A.
SAX = Saxitoxins.
OTH = Other.
DK = do not know.
A yes or no answer provided by the PWS for each cyanotoxin sample event.
Question: Preceding the finished water sample collection, did you notice any changes in your treatment
system operation and/or treated water quality that may indicate a bloom in the source water?
YES = if yes, select all that apply:
DFR = Decrease in filter runtimes.
ITF = Increase in turbidity in filtered water.
ICD = Need for increased coagulant dose.
TOI = Increase in taste and odor issues in finished water.
IOD = Need for increase in oxidant/disinfectant dose.
IDB = Increase in TTHM/HAA5 in finished water.
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TABLE 1—UNREGULATED CONTAMINANT MONITORING REPORTING REQUIREMENTS—Continued
Data element
Definition
OTH = Describe other changes.
NO = no changes.
30. Indicator of Possible Bloom— A yes or no answer provided by the PWS for each cyanotoxin sample event.
Source Water Quality Parameters. Question: Preceding the finished water sample collection, did you observe any notable changes in source
water quality parameters (if measured)?
YES = if yes, select all that apply to the source water:
ITP = Increase in water temperature.
ITU = Increase in turbidity.
IAL = Increase in alkalinity.
ITO = Increase in total organic carbon.
ICD = Increase in chlorine demand.
IPH = Increase in pH.
ICA = Increase in chlorophyll a.
IPY = Increase in phycocyanin.
INU = Increase in nutrients (example: nitrogen or phosphorus).
OTH = Describe other changes.
NO = no changes observed.
Subpart E—Special Regulations,
Including Monitoring Regulations and
Prohibition on Lead Use
3. In § 141.40:
a. Remove ‘‘December 31, 2010’’ and
add in its place ‘‘December 31, 2015’’ in
paragraph (a) introductory text.
■ b. Revise paragraphs (a)(1),
(a)(2)(i)(A), (a)(2)(ii)(A) and (C), (a)(3),
and (a)(4)(i)(B) and (C).
■ c. Remove ‘‘October 1, 2012.’’ and add
in its place ‘‘December 31, 2017.’’ in
paragraph (a)(4)(i).
■ d. Revise paragraph (a)(4)(ii)
introductory text.
■ e. Remove and reserve paragraph
(a)(4)(ii)(F).
■ f. Add paragraph (a)(4)(iii).
■ g. Remove ‘‘August 1, 2012.’’ and add
in its place ‘‘February 21, 2017, and
necessary application material April 19,
2017.’’ in paragraph (a)(5)(ii).
■
■
h. Revise paragraph (a)(5)(v), the
second sentence in paragraph (a)(5)(vi),
and paragraph (c).
The revisions and addition read as
follows:
■
§ 141.40 Monitoring requirements for
unregulated contaminants.
(a) * * *
(1) Applicability to transient noncommunity systems. If you own or
operate a transient non-community
water system, you are not subject to
monitoring requirements in this section.
(2) * * *
(i) * * *
(A) Assessment monitoring. You must
monitor for the contaminants on List 1,
per Table 1, UCMR Contaminant List, in
paragraph (a)(3) of this section. If you
serve a retail population of more than
10,000 people, you are required to
perform this monitoring regardless of
whether you have been notified by the
State or EPA.
*
*
*
*
*
(ii) * * *
(A) Assessment monitoring. You must
monitor for the contaminants on List 1
per Table 1, 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 Assessment
Monitoring.
*
*
*
*
*
(C) Pre-screen testing. You must
monitor for the contaminants on List 3
of Table 1, 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 Pre-Screen Testing.
(3) Analytes to be monitored. Lists 1,
2, and 3 contaminants are provided in
the following table:
TABLE 1—UCMR CONTAMINANT LIST
1—Contaminant
2—CAS
Registry No.
3—Analytical
methods a
4—Minimum
reporting level b
5—Sampling
location c
6—Period during
which monitoring
to be completed
mstockstill on DSK3G9T082PROD with RULES
List 1: Assessment Monitoring Cyanotoxin Chemical Contaminants
‘‘total microcystin’’ .................
anatoxin-a .............................
cylindrospermopsin ...............
microcystin-LA ......................
microcystin-LF ......................
microcystin-LR ......................
microcystin-LY ......................
microcystin-RR .....................
microcystin-YR ......................
nodularin ...............................
N/A ................
64285–06–9 ..
143545–90–8
96180–79–9 ..
154037–70–4
101043–37–2
123304–10–9
111755–37–4
101064–48–6
118399–22–7
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
546
545
545
544
544
544
544
544
544
544
.........................
.........................
.........................
.........................
.........................
.........................
.........................
.........................
.........................
.........................
0.3 μg/L ...............
0.03 μg/L .............
0.09 μg/L .............
0.008 μg/L ...........
0.006 μg/L ...........
0.02 μg/L .............
0.009 μg/L ...........
0.006 μg/L ...........
0.02 μg/L .............
0.005 μg/L ...........
EPTDS
EPTDS
EPTDS
EPTDS
EPTDS
EPTDS
EPTDS
EPTDS
EPTDS
EPTDS
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
3/1/2018–11/30/2020.
3/1/2018–11/30/2020.
3/1/2018–11/30/2020.
3/1/2018–11/30/2020.
3/1/2018–11/30/2020.
3/1/2018–11/30/2020.
3/1/2018–11/30/2020.
3/1/2018–11/30/2020.
3/1/2018–11/30/2020.
3/1/2018–11/30/2020.
List 1: Assessment Monitoring Additional Chemical Contaminants
Metals
germanium ............................
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92689
TABLE 1—UCMR CONTAMINANT LIST—Continued
1—Contaminant
2—CAS
Registry No.
manganese ...........................
7439–96–5 ....
4—Minimum
reporting level b
5—Sampling
location c
0.4 μg/L ...............
EPTDS ......................
3—Analytical
methods a
EPA 200.8, ASTM
D5673–10, SM 3125.
6—Period during
which monitoring
to be completed
1/1/2018–12/31/2020.
Pesticides and a Pesticide Manufacturing Byproduct
alphahexachlorocyclohexane.
chlorpyrifos ...........................
dimethipin .............................
ethoprop ................................
oxyfluorfen ............................
profenofos .............................
tebuconazole ........................
total permethrin (cis- & trans).
tribufos ..................................
319–84–6 ......
EPA 525.3 ......................
0.01 μg/L .............
EPTDS ......................
1/1/2018–12/31/2020.
2921–88–2 ....
55290–64–7 ..
13194–48–4 ..
42874–03–3 ..
41198–08–7 ..
107534–96–3
52645–53–1 ..
EPA
EPA
EPA
EPA
EPA
EPA
EPA
......................
......................
......................
......................
......................
......................
......................
0.03 μg/L .............
0.2 μg/L ...............
0.03 μg/L .............
0.05 μg/L .............
0.3 μg/L ...............
0.2 μg/L ...............
0.04 μg/L .............
EPTDS
EPTDS
EPTDS
EPTDS
EPTDS
EPTDS
EPTDS
......................
......................
......................
......................
......................
......................
......................
1/1/2018–12/31/2020.
1/1/2018–12/31/2020.
1/1/2018–12/31/2020.
1/1/2018–12/31/2020.
1/1/2018–12/31/2020.
1/1/2018–12/31/2020.
1/1/2018–12/31/2020.
78–48–8 ........
EPA 525.3 ......................
0.07 μg/L .............
EPTDS ......................
1/1/2018–12/31/2020.
D/DBPR HAA location.
D/DBPR HAA location.
D/DBPR HAA location.
1/1/2018–12/31/2020.
EPTDS ......................
EPTDS ......................
EPTDS ......................
1/1/2018–12/31/2020.
1/1/2018–12/31/2020.
1/1/2018–12/31/2020.
EPTDS ......................
EPTDS ......................
EPTDS ......................
1/1/2018–12/31/2020.
1/1/2018–12/31/2020.
1/1/2018–12/31/2020.
Reserved ..................
Reserved.
Reserved ..................
Reserved.
525.3
525.3
525.3
525.3
525.3
525.3
525.3
Brominated Haloacetic Acid (HAA) Groups d e
HAA5 ....................................
N/A ................
EPA 552.3 or EPA 557 ..
N/A ......................
HAA6Br .................................
N/A ................
EPA 552.3 or EPA 557 ..
N/A ......................
HAA9 ....................................
N/A ................
EPA 552.3 or EPA 557 ..
N/A ......................
1/1/2018–12/31/2020.
1/1/2018–12/31/2020.
Alcohols
1-butanol ...............................
2-methoxyethanol .................
2-propen-1-ol ........................
71–36–3 ........
109–86–4 ......
107–18–6 ......
EPA 541 .........................
EPA 541 .........................
EPA 541 .........................
2.0 μg/L ...............
0.4 μg/L ...............
0.5 μg/L ...............
Other Semivolatile Chemicals
butylated hydroxanisole ........
o-toluidine .............................
quinoline ...............................
25013–16–5 ..
95–53–4 ........
91–22–5 ........
EPA 530 .........................
EPA 530 .........................
EPA 530 .........................
0.03 μg/L .............
0.007 μg/L ...........
0.02 μg/L .............
List 2: Screening Survey
Reserved ..............................
Reserved .......
Reserved ........................
Reserved .............
List 3: Pre-Screen Testing
mstockstill on DSK3G9T082PROD with RULES
Reserved ..............................
Reserved .......
Reserved ........................
Reserved .............
Column headings are:
1—Contaminant: The name of the contaminant to be analyzed.
2—CAS (Chemical Abstract Service) Registry Number 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 (MRL): The value and unit of measure at or above which the concentration of the contaminant must be measured using the approved analytical methods. If EPA determines, after the first six months of monitoring that the specified MRLs result in excessive resampling, EPA will establish alternate MRLs and will notify affected PWSs and laboratories of the new MRLs. N/A is defined as non-applicable.
5—Sampling Location: The locations within a PWS at which samples must be collected.
6—Period During Which Monitoring to be Completed: The time period during which the sampling and testing will occur for the indicated contaminant.
a The analytical procedures shall be performed in accordance with the documents associated with each method, see paragraph (c) of this section.
b The MRL is the minimum concentration of each analyte that must be reported to EPA.
c With the exception of HAA monitoring, sampling must occur at entry points to the distribution system (EPTDSs), after treatment is applied,
that represent each non-emergency water source in routine use over the 12-month period of monitoring. Systems that purchase water with multiple connections from the same wholesaler may select one representative connection from that wholesaler. This EPTDS sampling location must
be representative of the highest annual volume connections. If the connection selected as the representative EPTDS is not available for sampling, an alternate highest volume representative connection must be sampled. See 40 CFR 141.35(c)(3) for an explanation of the requirements
related to the use of representative GW EPTDSs. Sampling for UCMR 4 HAA groups must be conducted at the Disinfectants and Disinfection
Byproduct Rule (D/DBPR) sampling locations (40 CFR 141.622).
d UCMR 4 HAA monitoring applies only to those PWSs that are subject to D/DBPR HAA5 monitoring requirements.
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e PWSs that purchase 100 percent of their water (‘‘consecutive systems’’) are not required to collect UCMR 4 source water samples for TOC or
bromide analyses. Sampling for TOC and bromide must otherwise occur at source water influent locations representing untreated water entering
the water treatment plant (i.e., a location prior to any treatment). SW and GWUDI systems subject to the D/DBPR TOC monitoring must use their
D/DBPR TOC source water sampling site(s) from 40 CFR 141.132 for UCMR 4 TOC and bromide samples. SW and GWUDI systems that are
not subject to D/DBPR TOC monitoring will use their Long Term 2 Enhance Surface Water Treatment Rule (LT2) source water sampling site(s)
(40 CFR 141.703) for UCMR 4 TOC and bromide samples. Ground water systems that are subject to the D/DBPRs, and therefore subject to
UCMR 4 HAA monitoring, will take TOC and bromide samples at their influents entering their treatment train. TOC and bromide must be collected at the same time as HAA samples. These indicator samples must be collected at a single source water influent using methods already approved for compliance monitoring. TOC methods include: SM 5310 B, SM 5310 C, SM 5310 D (21st edition), or SM 5310 B–00, SM 5310 C–00,
SM 5310 D–00 (SM Online), EPA Method 415.3 (Rev. 1.1 or 1.2). Bromide methods include: EPA Methods 300.0 (Rev. 2.1), 300.1 (Rev. 1.0),
317.0 (Rev. 2.0), 326.0 (Rev. 1.0) or ASTM D 6581–12. The MRLs for the individual HAAs are discussed in paragraph (a)(5)(v) of this section.
(4) * * *
(i) * * *
(B) Frequency. You must collect the
samples within the timeframe and
according to the frequency specified by
contaminant type and water source type
for each sampling location, as specified
in Table 2, in this paragraph. For the
second or subsequent round of
sampling, if a sample location is nonoperational for more than one month
before and one month after the
scheduled sampling month (i.e., it is not
possible for you to sample within the
window specified in Table 2, in this
paragraph), you must notify EPA as
specified in § 141.35(c)(5) to reschedule
your sampling.
TABLE 2—MONITORING FREQUENCY BY CONTAMINANT AND WATER SOURCE TYPES
Contaminant type
List 1
Cyanotoxins
Chemicals.
List 1 Contaminants—Additional Chemicals.
Water source type
Frequency 1
Timeframe
Surface water or Ground water
under the direct influence of
surface water (GWUDI).
Surface water or GWUDI .............
March–November.
12 months .........
Ground water ................................
12 months .........
You must monitor twice a month for four consecutive months (total
of eight sampling events). Sample events must occur two weeks
apart.
You must monitor for four consecutive quarters. Sample events
must occur three months apart. (Example: If first monitoring is in
January, the second monitoring must occur any time in April, the
third any time in July and the fourth any time in October).
You must monitor twice in a consecutive 12-month period. Sample
events must occur 5–7 months apart. (Example: If the first monitoring event is in April, the second monitoring event must occur
any time in September, October or November).
1 Systems must assign a sample event code for each contaminant listed in Table 1. Sample event codes must be assigned by the PWS for
each sample event. For more information on sample event codes see § 141.35(e) Table 1.
(C) Location. You must collect
samples for each List 1 Assessment
Monitoring contaminant, and, if
applicable, for each List 2 Screening
Survey, or List 3 Pre-Screen Testing
contaminant, as specified in Table 1, in
paragraph (a)(3) of this section. Samples
must be collected at each sample point
that is specified in column 5 and
footnote c of Table 1, in paragraph (a)(3)
of this section. PWSs conducting List 1
monitoring for the brominated HAA
groups must collect TOC and bromide
samples as specified in footnote d of
Table 1, in paragraph (a)(3) of this
section. If you are a GW system with
multiple EPTDSs, and you request and
receive approval from EPA or the State
for sampling at representative EPTDS(s),
as specified in § 141.35(c)(3), you must
collect your samples from the approved
representative sampling location(s).
*
*
*
*
*
(ii) Small systems. If you serve 10,000
or fewer people and are notified that
you are part of the State Monitoring
Plan for Assessment Monitoring,
Screening Survey or Pre-Screen
monitoring, you must comply with the
requirements specified in paragraphs
(a)(4)(ii)(A) through (H) of this section.
If EPA or the State informs you that they
will be collecting your UCMR samples,
you must assist them in identifying the
appropriate sampling locations and in
collecting the samples.
*
*
*
*
*
(iii) Phased sample analysis for
microcystins. You must collect the three
required samples (one each for EPA
Methods 544, 545 and 546 (ELISA) at
the EPTDS) for each sampling event, but
not all samples may need to be
analyzed. If the Method 546 ELISA
result is less than 0.3 mg/L, report that
result and do not analyze the EPA
Method 544 sample for that sample
event. If the Method 546 ELISA result is
greater than or equal to 0.3 mg/L, report
the value and analyze the other
microcystin sample using EPA Method
544. You must analyze the EPA Method
545 sample for each sample event for
Cylindrospermopsin and anatoxin-a
only.
*
*
*
*
*
(5) * * *
(v) Method defined quality control.
You must ensure that your laboratory
analyzes Laboratory Fortified Blanks
and conducts Laboratory Performance
Checks, as appropriate to the method’s
requirements, for those methods listed
in Table 1, column 3, in paragraph (a)(3)
of this section. Each method specifies
acceptance criteria for these QC checks.
The following HAA results must be
reported using EPA’s electronic data
reporting system for quality control
purposes.
mstockstill on DSK3G9T082PROD with RULES
TABLE 4—HAA QC RESULTS
2—CAS
Registry No.
1—Contaminant
3—Analytical
methods a
4—Minimum
reporting
level b
5—HAA6Br
Group
Brominated Haloacetic Acid (HAA) Groups
Bromochloroacetic acid (BCAA) ......
Bromodichloroacetic acid (BDCAA)
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EPA 552.3 or EPA 557 ......
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0.5 μg/L.
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6—HAA9
Group
7—HAA5
Group
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations
92691
TABLE 4—HAA QC RESULTS—Continued
3—Analytical
methods a
2—CAS
Registry No.
1—Contaminant
4—Minimum
reporting
level b
Chlorodibromoacetic acid (CDBAA)
Tribromoacetic acid (TBAA) ............
Monobromoacetic acid (MBAA) .......
5278–95–5
75–96–7
79–08–3
EPA 552.3 or EPA 557 ......
EPA 552.3 or EPA 557 ......
EPA 552.3 or EPA 557 ......
0.3 μg/L ........
2.0 μg/L.
0.3 μg/L.
Dibromoacetic acid (DBAA) .............
631–64–1
EPA 552.3 or EPA 557 ......
0.3 μg/L ........
Dichloroacetic acid (DCAA) .............
Monochloroacetic acid (MCAA) .......
Trichloroacetic acid (TCAA) .............
79–43–6
79–11–8
76–03–9
EPA 552.3 or EPA 557 ......
EPA 552.3 or EPA 557 ......
EPA 552.3 or EPA 557 ......
5—HAA6Br
Group
0.2 μg/L.
2.0 μg/L ........
0.5 μg/L.
6—HAA9
Group
7—HAA5
Group
HAA6Br
HAA9
HAA5
mstockstill on DSK3G9T082PROD with RULES
Column headings are:
1—Contaminant: The name of the contaminant to be analyzed.
2—CAS (Chemical Abstract Service) Registry Number 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 (MRL): The value and unit of measure at or above which the concentration of the contaminant must be measured using the approved analytical methods. If EPA determines, after the first six months of monitoring that the specified MRLs result in excessive resampling, EPA will establish alternate MRLs and will notify affected PWSs and laboratories of the new MRLs.
5–7—HAA groups identified in paragraph (a)(3) of this section to be monitored as UCMR contaminants.
a The analytical procedures shall be performed in accordance with the documents associated with each method, see paragraph (c) of this section, and must meet all quality control requirements outlined paragraph (a)(5) of this section.
b The MRL is the minimum concentration of each analyte that must be reported to EPA.
(vi) * * * You must require your
laboratory to submit these data
electronically to the State and EPA
using EPA’s electronic data reporting
system, accessible at https://
www.epa.gov/dwucmr, within 120 days
from the sample collection date. * * *
*
*
*
*
*
(c) Incorporation by reference. These
standards are incorporated by reference
into this section with the approval of
the Director of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51.
All approved material is available for
inspection either electronically at https://
www.regulations.gov, in hard copy at
the Water Docket, EPA/DC, and from the
sources as follows. The Public Reading
Room (EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC) is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for this
Public Reading Room is (202) 566–1744,
and the telephone number for the Water
Docket is (202) 566–2426. The material
is also available for inspection 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 https://www.archives.gov/
federal-register/cfr/about.html.
(1) U.S. Environmental Protection
Agency, Water Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC 20004.
(i) Method 200.8 ‘‘Determination of
Trace Elements in Waters and Wastes by
Inductively Coupled Plasma—Mass
Spectrometry,’’ Revision 5.4, EMMC
Version, 1994. Available on the Internet
at https://www.nemi.gov.
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(ii) Method 300.0 ‘‘Determination of
Inorganic Anions by Ion
Chromatography Samples,’’ Revision
2.1, August 1993. Available on the
Internet at https://www.nemi.gov.
(iii) Method 300.1 ‘‘Determination of
Inorganic Anions in Drinking Water by
Ion Chromatography,’’ Revision 1.0,
1997. Available on the Internet at
https://www.epa.gov/
dwanalyticalmethods.
(iv) Method 317.0 ‘‘Determination of
Inorganic Oxyhalide Disinfection ByProducts in Drinking Water Using Ion
Chromatography with the Addition of a
Postcolumn Reagent for Trace Bromate
Analysis,’’ Revision 2.0, July 2001, EPA
815–B–01–001. Available on the
Internet at https://www.epa.gov/
dwanalyticalmethods.
(v) Method 326.0 ‘‘Determination of
Inorganic Oxyhalide Disinfection ByProducts in Drinking Water Using Ion
Chromatography Incorporating the
Addition of a Suppressor Acidified
Postcolumn Reagent for Trace Bromate
Analysis,’’ Revision 1.0, June 2002, EPA
815–R–03–007. Available on the
Internet at https://www.epa.gov/
dwanalyticalmethods.
(vi) Method 415.3 ‘‘Determination of
Total Organic Carbon and Specific UV
Absorbance at 254 nm in Source Water
and Drinking Water,’’ Revision 1.1,
February 2005, EPA/600/R–05/055.
Available on the Internet at https://
www.epa.gov/water-research/epadrinking-water-research-methods.
(vii) Method 415.3 ‘‘Determination of
Total Organic Carbon and Specific UV
Absorbance at 254 nm in Source Water
and Drinking Water,’’ Revision 1.2,
September 2009, EPA/600/R–09/122.
Available on the Internet at https://
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www.epa.gov/water-research/epadrinking-water-research-methods.
(viii) Method 525.3 ‘‘Determination of
Semivolatile Organic Chemicals in
Drinking Water by Solid Phase
Extraction and Capillary Column Gas
Chromatography/Mass Spectrometry
(GC/MS),’’ Version 1.0, February 2012,
EPA/600/R–12/010. Available on the
Internet https://www.epa.gov/waterresearch/epa-drinking-water-researchmethods.
(ix) Method 530 ‘‘Determination of
Select Semivolatile Organic Chemicals
in Drinking Water by Solid Phase
Extraction and Gas Chromatography/
Mass Spectrometry (GC/MS),’’ Version
1.0, January 2015, EPA/600/R–14/442.
Available on the Internet at https://
www.epa.gov/water-research/epadrinking-water-research-methods.
(x) EPA Method 541: ‘‘Determination
of 1-Butanol, 1,4-Dioxane, 2Methoxyethanol and 2-Propen-1-ol in
Drinking Water by Solid Phase
Extraction and Gas Chromatography/
Mass Spectrometry,’’ November 2015,
EPA 815–R–15–011. Available on the
Internet at https://www.epa.gov/waterresearch/epa-drinking-water-researchmethods.
(xi) Method 544 ‘‘Determination of
Microcystins and Nodularin in Drinking
Water by Solid Phase Extraction and
Liquid Chromatography/Tandem Mass
Spectrometry (LC/MS/MS),’’ Version
1.0, February 2015, EPA 600–R–14/474.
Available on the Internet at https://
www.epa.gov/water-research/epadrinking-water-research-methods.
(xii) EPA Method 545: ‘‘Determination
of Cylindrospermopsin and Anatoxin-a
in Drinking Water by Liquid
Chromatography Electrospray Ionization
Tandem Mass Spectrometry (LC/ESI–
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MS/MS),’’ April 2015, EPA 815–R–15–
009. Available on the Internet at https://
www.epa.gov/dwanalyticalmethods.
(xiii) EPA Method 546:
‘‘Determination of Total Microcystins
and Nodularins in Drinking Water and
Ambient Water by Adda Enzyme-Linked
Immunosorbent Assay,’’ August 2016,
EPA–815–B–16–011. Available on the
Internet at https://www.epa.gov/
dwanalyticalmethods.
(xiv) Method 552.3 ‘‘Determination of
Haloacetic Acids and Dalapon in
Drinking Water by Liquid-Liquid
Microextraction, Derivatization, and Gas
Chromatography with Electron Capture
Detection,’’ Revision 1.0, July 2003, EPA
815–B–03–002. Available on the
Internet at https://www.epa.gov/
dwanalyticalmethods.
(xv) EPA Method 557: ‘‘Determination
of Haloacetic Acids, Bromate, and
Dalapon in Drinking Water by Ion
Chromatography Electrospray Ionization
Tandem Mass Spectrometry (IC–ESI–
MS/MS),’’ Version 1.0, September 2009,
EPA 815–B–09–012. Available on the
Internet at https://www.epa.gov/
dwanalyticalmethods.
(2) American Public Health
Association—Standard Test Method for
Elements in Water by Inductively
Coupled Plasma-Mass Spectrometry,’’
approved August 1, 2010. Available for
purchase on the Internet at https://
www.astm.org/Standards/D5673.htm.
(i) ‘‘Standard Methods for the
Examination of Water & Wastewater,’’
21st edition (2005).
(A) SM 3125 ‘‘Metals by Inductively
Coupled Plasma/Mass Spectrometry.’’
(B) SM 5310B ‘‘Total Organic Carbon
(TOC): High-Temperature Combustion
Method.’’
(C) SM 5310C ‘‘Total Organic Carbon
(TOC): Persulfate-UV or HeatedPersulfate Oxidation Method.’’
(D) SM 5310D ‘‘Total Organic Carbon
(TOC): Wet-Oxidation Method.’’
(ii) The following methods are from
‘‘Standard Methods Online.,’’ approved
2000 (unless noted). Available for
purchase on the Internet at https://
www.standardmethods.org.
(A) SM 3125 ‘‘Metals by Inductively
Coupled Plasma/Mass Spectrometry’’
Editorial revisions, 2011 (SM 3125–09).
(B) SM 5310B ‘‘Total Organic Carbon:
High-Temperature Combustion
Method,’’ (5310B–00).
(C) SM 5310C ‘‘Total Organic Carbon:
Persulfate-UV or Heated-Persulfate
Oxidation Method,’’ (5310C–00).
(D) SM 5310D ‘‘Total Organic Carbon:
Wet-Oxidation Method,’’ (5310D–00).
(3) ASTM International, 100 Barr
Harbor Drive, West Conshohocken, PA
19428–2959.
(i) ASTM D5673–10 ‘‘Standard Test
Method for Elements in Water by
VerDate Sep<11>2014
19:50 Dec 19, 2016
Jkt 241001
Inductively Coupled Plasma-Mass
Spectrometry,’’ approved August 1,
2010. Available for purchase on the
Internet at https://www.astm.org/
Standards/D5673.htm.
(ii) ASTM D6581–12 ‘‘Standard Test
Methods for Bromate, Bromide,
Chlorate, and Chlorite in Drinking
Water by Suppressed Ion
Chromatography,’’ approved March 1,
2012. Available for purchase on the
Internet at https://www.astm.org/
Standards/D6581.htm.
[FR Doc. 2016–30469 Filed 12–19–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
[No. DOI–2016–0006; 17XD4523WS
DS10200000 DWSN00000.000000 WBS
DP10202]
RIN 1093–AA21
Freedom of Information Act
Regulations
Office of the Secretary, Interior.
Final rule.
AGENCY:
ACTION:
This rule revises the
regulations that the Department of the
Interior (Department) follows in
processing records under the Freedom
of Information Act in part to comply
with the FOIA Improvement Act of
2016. The revisions clarify and update
procedures for requesting information
from the Department and procedures
that the Department follows in
responding to requests from the public.
DATES: This rule is effective on January
19, 2017.
FOR FURTHER INFORMATION CONTACT:
Cindy Cafaro, Office of Executive
Secretariat and Regulatory Affairs, 202–
208–5342.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Why We’re Publishing This Rule and
What It Does
A. Introduction
In late 2012, the Department
published a final rule updating and
replacing the Department’s previous
Freedom of Information Act (FOIA)
regulations. In early 2016, the
Department updated that final rule,
primarily to authorize the Office of
Inspector General to process their own
FOIA appeals. On June 30, 2016, the
FOIA Improvement Act of 2016, Public
Law 114–185, 130 Stat. 538 (the Act)
was enacted. The Act specifically
PO 00000
Frm 00144
Fmt 4700
Sfmt 4700
requires all agencies to review and
update their FOIA regulations in
accordance with its provisions. In
addition, the Department has received
feedback from its FOIA practitioners
and requesters and identified areas
where it would be possible to further
update, clarify, and streamline the
language of some procedural provisions.
On September 20, 2016, the
Department published a proposed rule
in the Federal Register (81 FR 64401) to
implement the Act and address the
feedback received. We requested
comments on the proposed rule over a
60-day period ending on November 21,
2016, and we considered all comments
received in drafting this final rule.
Accordingly, the Department is making
the following changes to 43 CFR part 2:
• Section 2.4(e) is amended to
provide additional guidance on how
bureaus handle misdirected requests.
• Section 2.15 is amended to bring
attention to the Department’s existing
FOIA Request Tracking Tool (https://
foia.doi.gov/requeststatus).
• Section 2.19 is amended to bring
further attention to the services
provided by the Office of Government
Information Services (OGIS), in
accordance with the provisions of the
Act.
• Section 2.21 is amended to reflect
that the OGIS would be defined earlier
in the regulations than it previously had
been and to reference bureaus’ FOIA
Public Liaisons, in addition to the OGIS.
• Section 2.24 is amended to require
a foreseeable harm analysis, in
accordance with the provisions of the
Act, and to require bureaus to provide
an explanation to the requester when an
estimate of the volume of any records
withheld in full or in part is not
provided.
• Section 2.37(f) is amended to reflect
the provisions of the Act.
• Section 2.39 is amended to remove
what will be superfluous language, after
the changes to section 2.37(f).
• Section 2.58 is amended to provide
more time for requesters to appeal, in
accordance with the provisions of the
Act.
• Section 2.66(d) is amended to
reflect an updated Web site link.
B. Discussion of Comments
Six commenters responded to the
invitation for comments, including two
commenters from subcomponents of
Federal agencies and four commenters
from non-Federal sources. Two of these
commenters offered substantive
suggestions on specific existing
provisions of the rule that are not being
amended; these suggestions are outside
the scope of this rulemaking and are not
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Agencies
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Pages 92666-92692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30469]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 141
[EPA-HQ-OW-2015-0218; FRL-9956-71-OW]
RIN 2040-AF49
Revisions to the Unregulated Contaminant Monitoring Rule (UCMR 4)
for Public Water Systems and Announcement of Public Meeting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA) is finalizing a
Safe Drinking Water Act (SDWA) rule that requires public water systems
to collect occurrence data for contaminants that may be present in
drinking water but are not yet subject to EPA's drinking water
standards set under the SDWA. This rule identifies eleven analytical
methods to support water system monitoring for a total of 30 chemical
contaminants, consisting of nine cyanotoxins and one cyanotoxin group;
two metals; eight pesticides plus one pesticide manufacturing byproduct
(hereinafter collectively referred to as ``pesticides''); three
brominated haloacetic acid disinfection byproduct groups; three
alcohols; and three semivolatile organic chemicals. EPA is also
announcing a public meeting and webinar to discuss the implementation
of the fourth Unregulated Contaminant Monitoring Rule.
DATES: This final rule is effective on January 19, 2017, 30 days after
publication in the Federal Register. The incorporation by reference of
certain publications listed in the regulations is approved by the
Director of the Federal Register as of January 19, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2015-0218. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Brenda D. Parris, Standards and Risk
Management Division (SRMD), Office of Ground Water and Drinking Water
(OGWDW) (MS 140), Environmental Protection Agency, 26 West Martin
Luther King Drive, Cincinnati, OH 45268; telephone number: (513) 569-
7961; or email address: parris.brenda@epa.gov; or Melissa Simic, SRMD,
OGWDW (MS 140), Environmental Protection Agency, 26 West Martin Luther
King Drive, Cincinnati, Ohio 45268; telephone number: (513) 569-7864;
or email address: simic.melissa@epa.gov. For general information,
contact the Safe Drinking Water Hotline. Callers within the United
States can reach the Hotline at (800) 426-4791. The Hotline is open
Monday through Friday, excluding federal holidays, from 10:00 a.m. to
4:00 p.m., eastern time. The Safe Drinking Water Hotline can also be
found on the Internet at: https://www.epa.gov/ground-water-and-drinking-water/safe-drinking-water-hotline.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Does this action apply to me?
B. What action is the Agency taking and why?
C. What is the Agency's authority for taking this action?
D. What is the estimated cost of this action?
E. What is the applicability date?
II. Background
A. How has EPA implemented the Unregulated Contaminant
Monitoring Program?
B. How are the Contaminant Candidate List, the UCMR program, the
Regulatory Determination process and the NCOD interrelated?
III. What are the key requirements of the rule, including notable
changes between UCMR 3, the proposed UCMR 4 and the final UCMR 4?
A. What contaminants are in UCMR 4?
1. This Rule
2. Summary of Major Comments and EPA Responses
B. What are the UCMR 4 sampling design and timeline of
activities?
1. Sampling Frequency, Timing
a. This Rule
b. Summary of Major Comments and EPA Responses
2. Phased Sample Analysis for Microcystins
a. This Rule
b. Summary of Major Comments and EPA Responses
3. Applicability of HAA Monitoring Requirements
a. This Rule
b. Summary of Major Comments and EPA Responses
4. Representative Sampling
a. This Rule
b. Summary of Major Comments and EPA Responses
[[Page 92667]]
5. Sampling Locations
a. This Rule
b. Summary of Major Comments and EPA Responses
C. What are the reporting requirements for UCMR 4?
1. Data Elements
a. This Rule
b. Summary of Major Comments and EPA Responses
IV. How are laboratories approved for UCMR 4 monitoring?
A. Request To Participate
B. Registration
C. Application Package
D. EPA's Review of Application Packages
E. Proficiency Testing
F. Written EPA Approval
V. What is the past and future stakeholder involvement in the
regulation process?
A. What is the states' role in the UCMR program?
B. What stakeholder meetings have been held in preparation for
UCMR 4?
C. How do I participate in the upcoming stakeholder meeting?
1. Meeting Participation
2. Meeting Materials
D. How did EPA consider Children's Environmental Health?
E. How did EPA address Environmental Justice?
VI. What documents are being incorporated by reference?
A. Methods From the U.S. Environmental Protection Agency
B. Methods From American Public Health Association--Standard
Methods (SM)
1. Standard Methods for the Examination of Water and Wastewater
2. Standard Methods Online
C. Methods From ASTM International
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
I. National Technology Transfer and Advancement Act and 1 CFR
Part 51
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
VIII. References
Abbreviations and Acronyms
[micro]g/L Microgram per liter
Adda (2S,3S,8S,9S,4E,6E)-3-amino-9-methoxy-2,6,8-trimethyl-10-
phenyl-4,6-decadienoic acid
ASDWA Association of State Drinking Water Administrators
ASTM ASTM International
CAS Chemical Abstract Service
CBI Confidential Business Information
CCC Continuing Calibration Check
CCL Contaminant Candidate List
CFR Code of Federal Regulations
CRA Congressional Review Act
CWS Community Water System
D/DBPRs Disinfectants and Disinfection Byproducts Rules (including
Stage 1 and Stage 2 D/DBPRs)
ELISA Enzyme-linked Immunosorbent Assay
EPA United States Environmental Protection Agency
EPTDS Entry Point to the Distribution System
ESI Electrospray Ionization
FR Federal Register
GC Gas Chromatography
GC/ECD Gas Chromatography/Electron Capture Detection
GC/MS Gas Chromatography/Mass Spectrometry
GW Ground Water
GWUDI Ground Water Under the Direct Influence of Surface Water
HAAs Haloacetic Acids
HAA5 Dibromoacetic Acid, Dichloroacetic Acid, Monobromoacetic Acid,
Monochloroacetic Acid, Trichloroacetic Acid
HAA6Br Bromochloroacetic Acid, Bromodichloroacetic Acid,
Dibromoacetic Acid, Dibromochloroacetic Acid, Monobromoacetic Acid,
Tribromoacetic Acid
HAA9 Bromochloroacetic Acid, Bromodichloroacetic Acid,
Chlorodibromoacetic Acid, Dibromoacetic Acid, Dichloroacetic Acid,
Monobromoacetic Acid, Monochloroacetic Acid, Tribromoacetic Acid,
Trichloroacetic Acid
IC Ion Chromatography
IC-MS/MS Ion Chromatography-Tandem Mass Spectrometry
IC/ESI-MS/MS Ion Chromatography/Electrospray Ionization/Tandem Mass
Spectrometry
ICP-MS Inductively Coupled Plasma-Mass Spectrometry
ICR Information Collection Request
IDC Initial Demonstration of Capability
IS Internal Standard
LFB Laboratory Fortified Blank
LRB Laboratory Reagent Blank
LC/ESI-MS/MS Liquid Chromatography/Electrospray Ionization/Tandem
Mass Spectrometry
LC-MS/MS Liquid Chromatography/Tandem Mass Spectrometry
LT2 Long Term 2 Enhanced Surface Water Treatment Rule
M Million
MAC Mycobacterium Avium Complex
MRL Minimum Reporting Level
NAICS North American Industry Classification System
NARA National Archives and Records Administration
NCOD National Contaminant Occurrence Database
NPDWRs National Primary Drinking Water Regulations
NTNCWS Non-transient Non-community Water System
OGWDW Office of Ground Water and Drinking Water
OMB Office of Management and Budget
PA Partnership Agreement
PRA Paperwork Reduction Act
PT Proficiency Testing
PWS Public Water System
PWSID Public Water System Identification
QC Quality Control
QCS Quality Control Sample
QHS Quality HAA Sample
RFA Regulatory Flexibility Act
SBA Small Business Administration
SDWA Safe Drinking Water Act
SDWARS Safe Drinking Water Accession and Review System
SDWIS/Fed Federal Safe Drinking Water Information System
SM Standard Methods for the Examination of Water and Wastewater
SMP State Monitoring Plan
SOP Standard Operating Procedure
SPE Solid Phase Extraction
SR Source Water
SRF Drinking Water State Revolving Fund
SRMD Standards and Risk Management Division
SUR Surrogate Standard
SVOCs Semivolatile Organic Chemicals
SW Surface Water
TNCWS Transient Non-community Water System
TOC Total Organic Carbon
UCMR Unregulated Contaminant Monitoring Rule
UMRA Unfunded Mandates Reform Act of 1995
USEPA United States Environmental Protection Agency
I. General Information
A. Does this action apply to me?
The fourth Unregulated Contaminant Monitoring Rule (UCMR 4) applies
to public water systems (PWSs). PWSs are systems that provide water for
human consumption through pipes, or other constructed conveyances, to
at least 15 service connections or that regularly serve an average of
at least 25 individuals daily at least 60 days out of the year. This
rule applies to all large community and non-transient non-community
water systems (NTNCWSs) serving more than 10,000 people. A community
water system (CWS) is a PWS that has at least 15 service connections
used by year-round residents or regularly serves at least 25 year-round
residents. A NTNCWS is a PWS that is not a CWS and that regularly
serves at least 25 of the same people over six months per year. Some
examples of NTNCWS are schools, factories, office buildings and
hospitals, which have their own water systems. EPA selects the
nationally representative sample of small CWSs and NTNCWSs serving
10,000 or fewer people that are required to monitor (see
[[Page 92668]]
``Statistical Design and Sample Selection for the Unregulated
Contaminant Monitoring Regulation'' (USEPA, 2001a) for a description of
the statistical approach for the nationally representative sample).
This rule does not apply to transient non-community water systems
(TNCWSs) (i.e., non-community water systems that do not regularly serve
at least 25 of the same people over six months per year). A TNCWSs
provides water in a place such as a gas station or campground, where
people do not remain for long periods of time.
States, territories and tribes with primary enforcement
responsibility (primacy) to administer the regulatory program for PWSs
under the SDWA can participate in the implementation of UCMR 4 through
Partnership Agreements (PAs). Primacy agencies with PAs can choose to
be involved in various aspects of the UCMR 4 monitoring for the PWSs
they oversee; however, the PWS remains responsible for compliance with
the rule requirements. Examples of potentially regulated categories and
entities are identified in the following table.
------------------------------------------------------------------------
Examples of potentially
Category regulated entities NAICS \a\
------------------------------------------------------------------------
State, local & tribal States, local and 924110
governments. tribal governments
that analyze water
samples on behalf of
PWSs required to
conduct such analysis;
states, local and
tribal governments
that directly operate
CWSs and NTNCWSs
required to monitor.
Industry....................... Private operators of 221310
CWSs and NTNCWSs
required to monitor.
Municipalities................. Municipal operators of 924110
CWSs and NTNCWSs
required to monitor.
------------------------------------------------------------------------
\a\ NAICS = North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table summarizes the types of entities that EPA is aware
could potentially be regulated by this action. If you are uncertain
whether your entity is regulated by this action, carefully examine the
definition of a PWS found in Sec. Sec. 141.2 and 141.3, and the
applicability criteria found in Sec. 141.40(a)(1) and (2) of Title 40
in the Code of Federal Regulations (CFR). If you have questions, please
consult the contacts listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
B. What action is the Agency taking and why?
This final rule requires PWSs to analyze drinking water samples for
29 unregulated contaminants that do not have health based standards set
under the SDWA, as well as one group of regulated contaminants
(described in section I.C), and to report their results to EPA. This is
the fourth national monitoring effort under the UCMR program, and
builds upon the framework established under the prior three UCMR
actions (see section II.A). The monitoring provides data to inform
future regulatory actions to protect public health.
The public benefits from the information about whether or not
unregulated contaminants are present in their drinking water. If
contaminants are not found, consumer confidence in their drinking water
will improve. If contaminants are found, illnesses may be avoided when
subsequent actions, such as regulations, reduce or eliminate those
contaminants.
C. What is the Agency's authority for taking this action?
As part of its responsibilities under the SDWA, EPA implements
section 1445(a)(2), ``Monitoring Program for Unregulated
Contaminants.'' This section, as amended in 1996, requires that once
every five years, beginning in August 1999, EPA issue a list of no more
than 30 unregulated contaminants to be monitored by PWSs. The list can
include contaminants included in previous UCMR cycles but will
generally focus on contaminants not yet monitored under UCMR. SDWA
section 1445(g)(7) requires that EPA enter the monitoring data into the
Agency's publicly-available National Contaminant Occurrence Database
(NCOD). The SDWA also requires that EPA ensures that systems serving a
population larger than 10,000 people, as well as a nationally
representative sample of PWSs serving 10,000 or fewer people, monitor
for the unregulated contaminants. EPA must vary the frequency and
schedule for monitoring based on the number of persons served, the
source of supply, and the contaminants likely to be found. EPA is using
this authority as the basis for monitoring 29 of the 30 contaminants.
Section 1445(a)(1)(A) of the SDWA, as amended in 1996, requires
that every person who is subject to any SDWA requirement establish and
maintain such records, make such reports, conduct such monitoring and
provide such information as the Administrator may reasonably require by
regulation to assist the Administrator in establishing SDWA
regulations. Pursuant to this provision, EPA can also require the
monitoring of contaminants already subject to EPA's drinking water
standards. EPA is using this authority as the basis for monitoring one
of the chemical groups (Haloacetic Acids 5 (HAA5)) under this rule.
Sample collection and analysis for HAA5 can be done concurrently with
the unregulated HAA monitoring (for HAA6Br and HAA9) described in
section III.B.3 (resulting in no significant additional burden since
all three HAA groups can be measured by a single method) and will allow
EPA to better understand co-occurrence between regulated and
unregulated disinfection byproducts.
Hereinafter, all 30 chemicals/groups are collectively referred to
as ``contaminants.''
D. What is the estimated cost of this action?
EPA estimates the total average national cost of this action will
be $24.3 million per year from 2017-2021. EPA has documented the
assumptions and data sources used in the preparation of this estimate
in the Information Collection Request (ICR) (USEPA, 2016a). EPA
identified eleven analytical methods (nine EPA-developed analytical
methods and two alternate, equivalent, consensus organization-developed
methods) to analyze samples for 30 UCMR 4 contaminants. EPA's estimate
of the analytical cost for the UCMR 4 contaminants and related
indicators is $2,500 per sample set. EPA calculated these costs by
summing the laboratory unit cost of each method.
Small PWSs selected for UCMR 4 monitoring sample an average of 6.7
times per PWS (i.e., number of responses per PWS) across the three-year
ICR period. The estimated labor burden per response for small PWSs is
2.8 hours. Large PWSs and very large PWSs sample and report an average
of 11.4 and 14.1 times per PWS, respectively, across the three-year ICR
period. The estimated labor burden per
[[Page 92669]]
response for large and very large PWSs is 6.1 and 9.9 hours,
respectively.
Exhibit 1 presents a breakdown of estimated annual average national
costs. Estimated PWS (i.e., large and very large) and EPA costs reflect
the analytical cost (i.e., non-labor) for all UCMR 4 methods as well as
labor-related cost. EPA pays for the analytical costs for all systems
serving a population of 10,000 or fewer people. Laboratory analysis and
sample shipping account for approximately 79% of the total national
cost for UCMR 4 implementation. EPA estimated laboratory unit costs
based on consultations with multiple commercial drinking water
laboratories. The cost of the laboratory methods includes shipping the
sample from the facility to the laboratory as part of the cost for the
analysis.
EPA expects that states will incur labor costs associated with
voluntary assistance with UCMR 4 implementation. EPA estimated state
costs using the relevant assumptions from the State Resource Model,
which was developed by the Association of State Drinking Water
Administrators (ASDWA) (ASDWA, 2013) to help states forecast resource
needs. Model estimates were adjusted to account for actual levels of
state participation under UCMR 3. State participation is voluntary;
thus, the level of effort is expected to vary among states and will
depend on their individual agreements with EPA.
Additional details regarding EPA's cost assumptions and estimates
can be found in the ``Information Collection Request for the
Unregulated Contaminant Monitoring Rule (UCMR 4)'' (USEPA, 2016a) EPA
ICR Number 2192.08, which presents estimated cost and burden for the
2017-2019 period, consistent with the 3-year timeframe for ICRs.
Estimates of costs over the entire 5-year UCMR 4 period of 2017-2021
are attached as an appendix to the ICR. Specifically, most of the
burden is incurred in the second, third and fourth year (i.e.,
monitoring and sample analysis) of the UCMR 4 monitoring period. The
first year (the planning year) involves a lesser burden, and the final
fifth year involves the least burden since the program is concluding.
The next ICR period will overlap with the last two years of the 5-year
UCMR 4 period, and therefore will have substantially lower figures.
Copies of the ICR and its appendix are available in the EPA public
docket for this final rule, under Docket ID No. EPA-HQ-OW-2015-0218.
The total estimated annual costs (labor and non-labor) are as follows:
Exhibit 1--Estimated Average Annual Costs of UCMR 4
------------------------------------------------------------------------
Avg. annual
cost all
Respondent respondents
(2017-2021) \1\
------------------------------------------------------------------------
Small Systems (25-10,000), including labor \2\ only $0.2 M
(non-labor costs \3\ paid for by EPA).................
Large Systems (10,001-100,000), including labor and non- 15.0 M
labor costs...........................................
Very Large Systems (100,001 and greater), including 4.1 M
labor and non-labor costs.............................
States, including labor costs related to implementation 0.5 M
coordination..........................................
EPA, including labor for implementation and non-labor 4.5 M
for small system testing..............................
----------------
Average Annual National Total...................... 24.3 M
------------------------------------------------------------------------
\1\ Totals may not equal the sum of components due to rounding.
\2\ Labor costs pertain to systems, states and EPA. Costs include
activities such as reading the rule, notifying systems selected to
participate, sample collection, data review, reporting and record
keeping.
\3\ Non-labor costs will be incurred primarily by EPA and by very large
and large PWSs. They include the cost of shipping samples to
laboratories for testing and the cost of the laboratory analyses.
E. What is the applicability date?
The determination of whether a PWS is required to monitor under
UCMR 4 is based on the type of system (e.g., CWS, NTNCWS, etc.) and its
retail population served, as indicated by the Federal Safe Drinking
Water Information System (SDWIS/Fed) inventory on December 31, 2015.
SDWIS/Fed can be accessed at https://www.epa.gov/ground-water-and-drinking-water/safe-drinking-water-information-system-sdwis-federal-reporting. If a PWS believes its retail population served in SDWIS/Fed
is inaccurate, the system should contact its state to verify its
population as of the applicability date and request a correction, if
necessary. The 5-year UCMR 4 program will take place from January 2017
through December 2021, with sample collection occurring between January
1, 2018, and December 31, 2020.
II. Background
A. How has EPA implemented the Unregulated Contaminant Monitoring
program?
EPA published the list of contaminants for the first UCMR (UCMR 1)
in the Federal Register (FR) on September 17, 1999 (64 FR 50556,
(USEPA, 1999)), the second UCMR (UCMR 2) on January 4, 2007 (72 FR 368,
(USEPA, 2007)) and the third UCMR (UCMR 3) on May 2, 2012 (77 FR 26072,
(USEPA, 2012a)). EPA established a three-tiered approach for monitoring
contaminants under the UCMR program. Assessment Monitoring for ``List
1'' contaminants typically relies on analytical methods, techniques or
technologies that are in common use by drinking water laboratories.
Screening Survey monitoring for ``List 2'' contaminants typically
relies on newer techniques or technologies that are not as commonly
used, such that laboratory capacity to perform List 2 analyses may be
limited. Finally, Pre-Screen Testing for ``List 3'' contaminants is
often associated with techniques or technologies that are very recently
developed and/or are particularly complex. In addition to method cost
and complexity and laboratory capacity, EPA considers sampling
frequency and the relevant universe of PWSs when deciding which of the
three tiers is appropriate for the monitoring of a contaminant.
EPA designed the Assessment Monitoring sampling approach (USEPA,
2001a) to ensure that sample results would yield a high level of
confidence and a low margin of error. The design for a nationally
representative sample of small systems called for the sample set to be
stratified by water source type (ground water (GW) or surface water
(SW)), service size category and state (where each state is allocated a
[[Page 92670]]
minimum of two systems in its state monitoring plan (SMP)).
This final action identifies 30 List 1 contaminants to be measured
during Assessment Monitoring from 2018-2020, with pre-monitoring
activity in 2017 and post-monitoring activity in 2021. EPA developed
this rule after considering input from public comments. For more
information on EPA's response to public comments, please see section
III.
B. How are the Contaminant Candidate List, the UCMR program, the
Regulatory Determination process and the NCOD interrelated?
Under the 1996 amendments to the SDWA, Congress established a
stepwise, risk-based approach for determining which contaminants would
become subject to drinking water standards. Under the first step, EPA
is required to publish, every five years, a list of contaminants that
are not yet regulated but which are known or anticipated to occur in
PWSs; this is known as the Contaminant Candidate List (CCL). Under the
second step, EPA must require, every five years, monitoring of up to 30
unregulated contaminants (many of which have been selected from the CCL
for the UCMR monitoring to-date) to determine their occurrence in
drinking water systems; this is known as the UCMR program. Under the
third step, EPA is required to determine, every five years, whether or
not to begin the process of developing a national primary drinking
water regulation for at least five CCL contaminants; this is known as a
Regulatory Determination and involves evaluating the following
questions:
(1) May the contaminant have an adverse effect on human health?
(2) Is the contaminant known to occur or substantially likely to
occur in PWSs with a frequency and at levels of public health concern?
(3) In the sole judgement of the Administrator, does regulation of
such contaminants present a meaningful opportunity for risk reduction
for people served by PWSs?
Finally, the SDWA requires EPA to issue national primary drinking
water regulations (NPDWRs) for contaminants the Agency determines
should be regulated.
The CCL process identifies contaminants that may require
regulation, while the UCMR program helps provide the data necessary for
the Regulatory Determination process previously outlined. The data
collected through the UCMR program are stored in the drinking water
NCOD to facilitate analysis and review of contaminant occurrence, and
support the Administrator's determination on whether regulation of a
contaminant is in the public health interest, as required under SDWA
section 1412(b)(1). UCMR results can be viewed by the public at:
https://www.epa.gov/dwucmr. PWSs are also responsible for addressing
UCMR results in their annual Consumer Confidence Reports, consistent
with prior UCMR cycles and as required by Sec. 141.153.
III. What are the key requirements of the rule, including notable
changes between UCMR 3, the proposed UCMR 4 and the final UCMR 4?
EPA published ``Revisions to the Unregulated Contaminant Monitoring
Rule (UCMR 4) for Public Water Systems and Announcement of a Public
Meeting;'' Proposed Rule, on December 11, 2015 (80 FR 76897, (USEPA,
2015a)). The UCMR 4 proposal identified eleven new analytical methods
to support water system monitoring for a total of 30 new contaminants,
and detailed other potential changes relative to UCMR 3. Among the
other changes reflected in the UCMR 4 proposal were identification of
water systems subject to UCMR 4 and provisions for sampling locations,
timeframe and frequency, as well as updated data elements.
EPA received input on the UCMR 4 proposal from 34 public
commenters, including state and local government, utilities and utility
stakeholder organizations, laboratories, academia, non-governmental
organizations and other interested stakeholders . After considering the
comments, EPA made the changes described in Exhibit 2 to develop the
final UCMR 4 action. Sections III A-C summarize key aspects of this
final rule and the associated notable and recurring comments received
in response to the proposed rule. EPA has compiled all public comments
and EPA's responses in the ``Response to Comments Document for the
Unregulated Contaminant Monitoring Rule (UCMR 4),'' (USEPA, 2016b),
which can be found in the electronic docket listed in the ADDRESSES
section of this notice.
Exhibit 2--Notable Changes to UCMR 4 Between Proposed and Final Rule
----------------------------------------------------------------------------------------------------------------
CFR rule section
---------------------------------------------------------- Description of change Corresponding preamble
No. Title/description section
----------------------------------------------------------------------------------------------------------------
Sec. 141.40(a)(3)............... Related Revises Table 1 to include III.A. & III.B.
specifications for EPA Method 546 Enzyme-
the analytes to be linked Immunosorbent
monitored. Assay (ELISA) and removes
source water as a sample
location for cyanotoxins.
Sec. 141.40(a)(3) and Sec. Sampling design Revises Table 1 to update III.B. & I.E.
141.40(a)(4). requirements--freque the monitoring dates to
ncy. January 2018 through
December 2020 for the 20
additional contaminants,
and also updates Table 2
to reflect the
traditional sample
collection timeframe
(consecutive 12-month
period) for the 20
additional contaminants.
Additionally, updates
Table 2 to reflect the
traditional sample
collection frequency
(four consecutive
quarters for SW and
ground water under the
direct influence of
surface water (GWUDI)
water systems, and twice,
5-7 months apart, for GW
systems) for those 20
contaminants.
Sec. 141.40(a)(3) and Sec. Phased sample Removes source water III.B.2
141.40(a)(4). analysis for samples from the phased
microcystins. sample analysis for
microcystins.
Sec. 141.40(a)(3)............... Applicability of HAA Removes UCMR 4 HAA III.B.3
monitoring requirement for water
requirements. systems that are not
subject to HAA5
monitoring under the
Disinfectants and
Disinfection Byproduct
Rules (D/DBPRs).
[[Page 92671]]
Sec. 141.35(e).................. Reporting Updates and clarifies data III.C.
requirements--Data elements to address
elements. disinfecting and
treatment types, and adds
data elements to account
for the metadata
collected for the
cyanotoxins.
----------------------------------------------------------------------------------------------------------------
A. What contaminants are in UCMR 4?
1. This Rule
EPA is maintaining the proposed list of unregulated contaminants
and the methods associated with analyzing those contaminants, with the
exception of updating the ELISA method for ``total microcystins'' (see
Exhibit 3). Further information on the prioritization process, as well
as contaminant-specific information (source, use, production, release,
persistence, mobility, health effects and occurrence) that EPA used to
select the contaminants is contained in ``UCMR 4 Contaminants--
Information Compendium for Final Rule'' (USEPA, 2016c). This
Information Compendium can be found in the electronic docket listed in
the ADDRESSES section of this notice.
2. Summary of Major Comments and EPA Responses
Commenters who expressed an opinion about the proposed UCMR 4
analytes were generally supportive. Some commenters suggested
alternative ways to collect the HAA information. Suggestions included
collecting results for all nine HAAs individually; only collecting
results for HAA9; or doing targeted research studies of HAAs
independent of UCMR. EPA has concluded that monitoring for the three
HAA groups (HAA5, HAA6Br and HAA9) will provide the information of
interest on the relative occurrence between regulated and unregulated
HAAs as well as brominated versus chlorinated HAAs. Though the targeted
research proposed by some commenters is beyond the scope of today's
action, EPA will take the recommendation under advisement and consider
how such research may complement the UCMR data.
Some commenters supported EPA's proposal to not include Legionella
pneumophila and Mycobacterium avium Complex (MAC) in UCMR 4; others
encouraged EPA to add Legionella, and in some cases MAC. The latter
commenters identified several candidate methods, suggested that
Legionella is not exclusively a premise plumbing issue, and pointed to
concerns with health effects. While EPA recognizes the Legionella
concern, the Agency has concluded that this national survey will not be
able to adequately address many of the variables, complexities and
uncertainties discussed by commenters. More research is needed to
identify the optimal sampling location, frequency of sampling events
and proper sampling population, and address biofilms and associated
indicators. Further research is also needed on the dose-response
ecology of Legionella in the distribution system to identify the
correct method needed to monitor at a level that would be instructive
and cost effective.
Multiple commenters expressed concerns with the ELISA methodology
and some of the specific elements of the ELISA Standard Operating
Procedure (SOP) (Ohio EPA, 2015) identified in the proposal for
cyanotoxins. In 2016, EPA finalized EPA Method 546: ``Determination of
Total Microcystins and Nodularins in Drinking Water and Ambient Water
by Adda Enzyme-Linked Immunosorbent Assay'' as the prescribed method
for total microcystins (USEPA, 2016e). The fundamentals of Method 546
are quite similar to those of the Ohio EPA methodology, and Method 546
addresses concerns expressed about minimum reporting levels (MRLs),
holding times and quality control.
Exhibit 3--30 UCMR 4 Analytes
------------------------------------------------------------------------
------------------------------------------------------------------------
List 1 Analytes
------------------------------------------------------------------------
One Cyanotoxin Group using EPA Method 546 (Adda ELISA): 1
------------------------------------------------------------------------
``total microcystins''.
------------------------------------------------------------------------
Seven Cyanotoxins using EPA Method 544 (SPE LC-MS/MS): 2
------------------------------------------------------------------------
microcystin-LA. microcystin-RR.
microcystin-LF. microcystin-YR.
microcystin-LR. nodularin.
microcystin-LY. ............................
------------------------------------------------------------------------
Two Cyanotoxins using EPA Method 545 (LC/ESI-MS/MS): 3
------------------------------------------------------------------------
anatoxin-a. cylindrospermopsin.
Two Metals using EPA Method 200.8 (ICP-MS) 4 or alternate SM 5 or ASTM:
6
------------------------------------------------------------------------
germanium. manganese.
------------------------------------------------------------------------
Nine Pesticides using EPA Method 525.3 (SPE GC/MS): 7
------------------------------------------------------------------------
alpha-hexachlorocyclohexane. profenofos.
chlorpyrifos. tebuconazole.
dimethipin. total permethrin (cis- &
trans-).
ethoprop. tribufos.
[[Page 92672]]
oxyfluorfen. ............................
------------------------------------------------------------------------
Three Brominated HAA Groups using EPA Method 552.3 (GC/ECD) or 557 (IC/
ESI-MS/MS): 8 9 10
------------------------------------------------------------------------
HAA5. HAA9.
HAA6Br. ............................
------------------------------------------------------------------------
Three Alcohols using EPA Method 541 (GC/MS): 11
------------------------------------------------------------------------
1-butanol. 2-propen-1-ol.
2-methoxyethanol. ............................
------------------------------------------------------------------------
Three Semivolatile Organic Chemicals (SVOCs) using EPA Method 530 (GC/
MS): 12
------------------------------------------------------------------------
butylated hydroxyanisole. quinolone.
o-toluidine. ............................
------------------------------------------------------------------------
\1\ EPA Method 546 Adda Enzyme-Linked Immunosorbent Assay (ELISA)
(USEPA, 2016e).
\2\ EPA Method 544 (Solid phase extraction (SPE) liquid chromatography/
tandem mass spectrometry (LC-MS/MS)) (USEPA, 2015b). This method will
only be used if analyses by ELISA (for ``total microcystins'') yield
results above reporting limits.
\3\ EPA Method 545 (Liquid chromatography/electrospray ionization/tandem
mass spectrometry (LC/ESI-MS/MS)) (USEPA, 2015c).
\4\ EPA Method 200.8 (Inductively coupled plasma mass spectrometry (ICP-
MS)) (USEPA, 1994).
\5\ Standard Methods (SM) 3125 (SM, 2005a) or SM 3125-09 (SM Online,
2009).
\6\ ASTM International (ASTM) D5673-10 (ASTM, 2010).
\7\ EPA Method 525.3 (SPE Gas chromatography/mass spectrometry (GC/MS))
(USEPA, 2012b).
\8\ EPA Method 552.3 (Gas chromatography/electron capture detection (GC/
ECD)) (USEPA, 2003) and EPA Method 557 (Ion chromatography-
electrospray ionization-tandem mass spectrometry (IC-ESI-MS/MS))
(USEPA, 2009a). HAA5 includes: Dibromoacetic acid, dichloroacetic
acid, monobromoacetic acid, monochloroacetic acid, trichloroacetic
acid. HAA6Br includes: Bromochloroacetic acid, bromodichloroacetic
acid, dibromoacetic acid, chlorodibromoacetic acid, monobromoacetic
acid, tribromoacetic acid. HAA9 includes: Bromochloroacetic acid,
bromodichloroacetic acid, chlorodibromoacetic acid, dibromoacetic
acid, dichloroacetic acid, monobromoacetic acid, monochloroacetic
acid, tribromoacetic acid, trichloroacetic acid.
\9\ Regulated HAAs (HAA5) are included in the monitoring program to gain
a better understanding of co-occurrence with currently unregulated
disinfection byproducts.
\10\ Brominated HAA monitoring also includes sampling for indicators
total organic carbon (TOC) and bromide using methods approved for
compliance monitoring. TOC methods include: SM 5310B, SM 5310C, SM
5310D (SM, 2005b, 2005c, 2005d), or SM 5310B-00, SM 5310C-00, SM 5310D-
00 (SM Online, 2000a, 2000b, 2000c), EPA Method 415.3 (Rev. 1.1 or
1.2) (USEPA, 2005, 2009b). Bromide methods include: EPA Methods 300.0
(Rev. 2.1), 300.1 (Rev. 1.0), 317.0 (Rev. 2.0), 326.0 (Rev. 1.0)
(USEPA, 1993, 1997, 2001b, 2002) or ASTM D 6581-12 (ASTM, 2012).
\11\ EPA Method 541 (GC/MS) (USEPA, 2015d).
\12\ EPA Method 530 (GC/MS) (USEPA, 2015e).
B. What are the UCMR 4 sampling design and timeline of activities?
EPA is maintaining the 2018 to 2020 monitoring timeframe identified
in the proposal. Preparations prior to 2018 will include coordinating
laboratory approval, selecting representative small systems (USEPA,
2001a), developing SMPs and establishing monitoring schedules. Exhibit
4 illustrates the major activities that will take place in preparation
for and during the implementation of UCMR 4.
[GRAPHIC] [TIFF OMITTED] TR20DE16.002
[[Page 92673]]
To minimize the impact of the rule on small systems (those serving
10,000 or fewer people), EPA pays for the sample kit preparation,
sample shipping fees and analysis costs for these systems. In addition,
no small system will be required to monitor for both cyanotoxins and
the 20 additional UCMR contaminants. Consistent with prior UCMRs, large
systems (those serving more than 10,000 people) pay for all costs
associated with their monitoring. A summary of the estimated number of
systems subject to monitoring is shown in Exhibit 5.
Exhibit 5--Systems To Participate in UCMR 4 Monitoring
----------------------------------------------------------------------------------------------------------------
National sample: Assessment monitoring design
-------------------------------------------------------- Total number
System size (number of people served) 20 Additional list 1 of systems per
10 List 1 cyanotoxins contaminants \3\ size category
----------------------------------------------------------------------------------------------------------------
Small Systems \1\ (25-10,000)........... 800 randomly selected SW 800 randomly selected SW, 1,600
or GWUDI systems. GWUDI and GW systems.
Large Systems \2\ (10,001 and over)..... All SW or GWUDI systems All SW, GWUDI and GW 4,292
(2,725). systems (4,292).
-----------------------------------------------------------------------
Total............................... 3,525..................... 5,092..................... 5,892
----------------------------------------------------------------------------------------------------------------
\1\ Total for small systems is additive because these systems will only be selected for one component of UCMR 4
sampling (10 cyanotoxins or 20 additional contaminants). EPA will pay for all analytical costs associated with
monitoring at small systems.
\2\ Large system counts are approximate. The number of large systems is not additive. All SW and GWUDI systems
will monitor for cyanotoxins; those same systems will also monitor for the 20 additional List 1 contaminants,
as will the large GW systems.
\3\ Water systems that are not subject to HAA5 monitoring under the D/DBPRs (Sec. 141.Subparts L and V) are
not required to monitor for the UCMR 4 HAAs or associated indicators (TOC and bromide).
1. Sampling Frequency, Timing
a. This Rule
Today's rule maintains the proposed increased sampling frequency
and narrower monitoring timeframe for total microcystins and the nine
cyanotoxins. Sampling will take place twice a month for four
consecutive months (total of eight sampling events) for SW and GWUDI
systems. These water systems will collect samples during the monitoring
timeframe of March through November (excluding December, January and
February). GW systems are excluded from cyanotoxin monitoring.
Monitoring for the 20 additional UCMR 4 contaminants will be based
on the traditional UCMR sampling frequency and timeframe. For SW and
GWUDI systems, sampling will take place for four consecutive quarters
over the course of 12 months (total of four sampling events). Sampling
events will occur three months apart. For example, if the first sample
is taken in January, the second will then occur anytime in April, the
third will occur anytime in July and the fourth will occur anytime in
October. For GW systems, sampling will take place twice over the course
of 12 months (total of two sampling events). Sampling events will occur
five to seven months apart. For example, if the first sample is taken
in April, the second sample will then occur anytime in September,
October or November.
EPA, in conjunction with the states, will initially determine
schedules (year and months of monitoring) for large water systems.
These PWSs will then have an opportunity to modify their schedule for
planning purposes or other reasons (e.g., to conduct monitoring during
the months the system or the state believes are most vulnerable, spread
costs over multiple years, address a situation where the sampling
location will be closed during the scheduled month of monitoring,
etc.). PWSs are not permitted to reschedule monitoring specifically to
avoid sample collection during a suspected vulnerable period for the
cyanotoxins. EPA will schedule and coordinate small system monitoring
by working closely with partnering states. SMPs provide an opportunity
for states to review and revise the initial sampling schedules that EPA
proposes.
b. Summary of Major Comments and EPA Responses
Commenters generally supported the narrower timeframe for
cyanotoxin sampling but disfavored the narrower March through November
timeframe for the 20 additional contaminants. For the latter group of
contaminants, EPA received multiple comments that recommended using the
traditional sampling frequency and timing of previous UCMR cycles.
Commenters cited the potential for cost savings by allowing the UCMR 4
HAAs to be sampled on the same schedule as compliance monitoring, and
they also suggested that traditional 12-month monitoring would be
appropriate for assessing lifetime exposure. EPA agrees with these
points and today's rule includes the traditional monitoring schedule
for the 20 additional contaminants. EPA's response is detailed more
fully in the ``Response to Comments Document for the Unregulated
Contaminant Monitoring Rule (UCMR 4),'' (USEPA, 2016b), which can be
found in the electronic docket listed in the ADDRESSES section of this
notice.
Several commenters recommended that the Agency reduce the number of
sample events for GW systems to one instead of the traditional two.
Commenters provided an assessment of data on UCMR 3 contaminants in GW
systems, and suggested that there is no significant statistical
difference between the results for the two sample events for many of
the contaminants. EPA acknowledges that based on the UCMR 3 data, the
correlation between sample event 1 and sample event 2 for GW systems
can be high, and the distributions of measured values can be very
similar. However, when making regulatory determinations, EPA evaluates
the number of systems (and populations) with means or single measured
values above health levels of concern, as both values provide important
information on the occurrence of UCMR contaminants in PWSs. The
approach suggested by commenters would yield less accurate data for
several reasons. First, the analysis provided by the commenters shows
that the counts or percentage of systems above a concentration of
interest can vary between sample events, and that there are individual
cases where the contaminant is not detected in one sample event but
occurs at significant levels in the second event. In addition, the
analysis by commenters did not find a strong correlation between the
two GW sampling events for chlorate, a disinfectant byproduct, likely
due to the temporal variability in disinfection practices. This
strongly suggests that having a single sample
[[Page 92674]]
event may not be appropriate for temporally variable contaminants like
pesticides and other anthropogenic contaminants. EPA did consider
making exceptions for certain classes of contaminants (e.g., those
contaminants that are not as temporally variable), however, the UCMR
design must address all types of contaminants on a national scale,
often without advance knowledge about the degree to which the
contaminant occurrence may vary over time. Making exceptions would
increase the complexity of the sample design. In addition, statistical
means based on two measurements have considerably less error than a
single measurement per system and provide a more robust dataset for
future regulatory decisions. EPA also notes that the analysis provided
by commenters only addressed a limited set of contaminants (i.e., those
from UCMR 3) and did not examine the results from other UCMR cycles; if
EPA were to consider reducing sampling frequency as suggested, the
Agency would need more robust information. EPA will re-evaluate this
issue in future UCMR cycles if new information becomes available.
Finally, it is worth noting that the Agency does allow systems the
opportunity to reduce monitoring by using approved GW representative
entry points and, in the case of water systems that purchase water from
the same source, by using representative connections.
2. Phased Sample Analysis for Microcystins
a. This Rule
Today's rule utilizes a phased sample analysis approach for the
microcystins to reduce analytical costs (i.e., PWSs will collect all
required samples for each sampling event but not all samples may need
to be analyzed). However, that phased approach has been simplified
relative to the proposed approach and will begin with sample collection
at the entry point to the distribution system (EPTDS). Three samples
will be collected at the EPTDS for cyanotoxins. One sample will be
collected for EPA Method 546 (Adda ELISA), another for potential
analysis by EPA Method 544, and another for analysis by EPA Method 545.
Adda ELISA is a widely used screening assay that allows for the
aggregate detection of numerous microcystin congeners; it does not
allow for measurement of the individual congeners (USEPA, 2015f;
Fischer et al., 2001; McElhiney and Lawton, 2005; Zeck et al., 2001).
If the EPTDS ELISA result is less than 0.3 micrograms per liter
([micro]g/L) (i.e., the reporting limit for total microcystins), then
the sample collected for Method 544 will not be analyzed for that
sample event and only the Adda ELISA result will be reported to EPA. If
the ELISA result is greater than or equal to 0.3 [micro]g/L, the result
will be reported to EPA and the EPA Method 544 sample will then be
analyzed to identify and quantify nodularin and the six specific
microcystin congeners identified in Exhibit 3. Cylindrospermopsin and
anatoxin-a will only be monitored at the EPTDS, with analysis by EPA
Method 545.
In lieu of the proposed source-water ELISA monitoring, this final
rule requires PWSs to answer four simple ``metadata'' questions
(identifying the appropriate responses from the options provided) to
help EPA understand the source water quality at the time their EPTDS
samples are collected. These questions are identified in the Data
Elements section III.C.1.
b. Summary of Major Comments and EPA Responses
EPA received multiple comments on the proposed phased approach to
microcystins and the utility of measuring pH and temperature in the
source water. Some commenters recommended omitting source water
sampling for microcystins, suggesting that a correlation cannot be
drawn between source water and finished water using the proposed
approach. Commenters also suggested the following: Targeted studies
should collect treatment plant metadata to support future analyses; the
phased approach could potentially miss an increase in cyanotoxins
released as a result of treatment (e.g., cell rupture during
treatment); the inclusion of both source water data and drinking water
data in NCOD and other outreach materials would confuse consumers; and
more appropriate candidate indicators could be considered. EPA has
considered these concerns and is not requiring source water microcystin
monitoring in the final rule, nor is the Agency requiring pH and
temperature data collection. UCMR 4 focuses instead on finished water
cyanotoxin data collection and a more qualitative characterization of
source water. EPA estimates that the final rule approach, relying on
the collection of source water metadata in lieu of source water
sampling, reduces $1.8 million in costs from the proposed regulation
over the five-year period of the UCMR 4. The collection of source water
metadata can easily be incorporated into the data reporting system and
will complement the quantitative analytical drinking water data used to
support future regulatory determinations.
EPA also received comments reflecting confusion about the
interpretation of results from the Adda ELISA microcystin method and
Method 544 (microcystins by LC-MS/MS). EPA notes that the two methods
provide different measures of microcystin occurrence and risk, and one
result cannot practically be used to confirm the other. The Adda ELISA
allows for an aggregate quantification of a wide spectrum of
microcystin congeners based on the ability of the antibodies used in
the assay to recognize microcystins, while Method 544 focuses on
quantifying six specific microcystin congeners. The microcystins
addressed in Method 544 may or may not be the dominant congeners in
particular source waters.
3. Applicability of HAA Monitoring Requirements
a. This Rule
If a water system is not subject to HAA5 monitoring under the D/
DBPRs (see Sec. 141.622 for D/DBPR monitoring requirements), the water
systems is not required to collect and analyze UCMR 4 HAA samples.
b. Summary of Major Comments and EPA Responses
One commenter suggested that EPA remove the UCMR 4 requirement for
water systems to monitor for HAAs if the system is not subject to HAA5
monitoring under the D/DBPRs. The logic is that non-disinfecting GW
systems would not be expected to have measureable HAAs as DBPs. EPA
agrees with the comment and has removed the requirement. This change
reduces the UCMR 4 cost by $826,000 from the proposed rule's cost over
the 5-year UCMR 4 period.
4. Representative Sampling
a. This Rule
Consistent with previous UCMRs and as described in Sec.
141.35(c)(3), UCMR 4 maintains the option for large GW systems that
have multiple EPTDSs to sample, with prior approval, at representative
sampling locations rather than at each EPTDS. Representative sampling
plans approved under prior UCMRs will be recognized as valid for UCMR
4. Systems must submit a copy of documentation from their state or EPA
representing the prior approval of their alternative sampling plan. Any
new GW representative monitoring plans must be submitted to EPA for
review (by the state or EPA) within 120 days from publication of this
final rule.
[[Page 92675]]
Once approved, these representative EPTDS locations, along with
previously approved EPTDS locations from prior UCMRs, must be loaded
into the Safe Drinking Water Accession and Review System (SDWARS) by
the water system by December 31, 2017.
Consistent with previous UCMRs and as described in Sec. 141.40,
Table 1, systems that purchase water with multiple connections from the
same wholesaler may select one representative connection from that
wholesaler. This EPTDS sampling location must be representative of the
highest annual volume connections. If the connection selected as the
representative EPTDS is not available for sampling, an alternate
highest volume representative connection must be sampled. Water
provided by multiple wholesalers will be considered different sources
and will each need a representative connection.
b. Summary of Major Comments and EPA Responses
EPA received multiple comments about representative wholesale
connections from consecutive systems. Commenters were concerned that
this approach to reduce monitoring would be eliminated in UCMR 4. The
proposed rule preamble explicitly highlighted the flexibility for
representative ground water sampling, but did not highlight the option
for representative wholesale connections (i.e., for consecutive
systems). In this preamble, EPA is affirming the opportunity for water
systems that purchase water (with multiple connections from the same
wholesaler) to reduce monitoring; this option will continue in UCMR 4.
EPA will likewise address this in future meetings, webinars and
outreach materials.
5. Sampling Locations
a. This Rule
Sample collection for the UCMR 4 contaminants will take place at
the EPTDS for all contaminant groups except for the HAAs, which will
take place in the distribution system. Sampling for the HAA indicators,
TOC and bromide, will take place at a single source water influent for
each treatment plant.
If the system's treatment plant/water source is subject to the D/
DBPR's HAA5 monitoring requirements under Sec. 141.622, the water
system will collect samples for the UCMR 4 HAAs at the D/DBPR sampling
location(s). UCMR 4 HAA samples and D/DBPR HAA5 compliance monitoring
samples may be collected by the PWS at the same time. However, EPA
notes that PWSs are required to arrange for UCMR 4 HAA samples to be
analyzed by a UCMR 4 approved laboratory using EPA Method 552.3 or 557
(both of which are compliance methods also approved for analysis of D/
DBPR samples).
For those systems subject to UCMR 4 HAA monitoring, sampling for
the HAA indicators (TOC and bromide) will take place at the source
water influent for each treatment plant (concurrent with UCMR 4 HAA
sampling in the distribution system). This indicator-monitoring
requirement does not pertain to consecutive systems (i.e., those
purchasing water from other systems). For purposes of TOC and bromide
sampling, EPA defines source water influent under UCMR as untreated
water entering the water treatment plant (i.e., at a location prior to
any treatment).
SW and GWUDI systems subject to TOC monitoring under the D/DBPRs
will use their TOC source water sampling site(s) defined at Sec.
141.132 for UCMR 4 TOC and bromide samples. If a SW or GWUDI system is
not subject to the D/DBPR TOC monitoring, it will use its Long Term 2
Enhance Surface Water Treatment Rule (LT2) source water sampling
site(s) (Sec. 141.703) to collect UCMR 4 samples for TOC and bromide.
GW systems that are subject to the D/DBPRs will take TOC and bromide
samples at their influents entering their treatment train.
b. Summary of Major Comments and EPA Responses
With the exception of microcystin monitoring, commenters generally
agreed with the sampling location approach described in the proposal.
Changes made to address the microcystin comments are addressed in
section III.B.2.
C. What are the reporting requirements for UCMR 4?
1. Data Elements
a. This Rule
Today's final rule maintains the 26 data elements described in the
proposed rule and updates some of the definitions for clarity and
consistency in the reporting requirements. Additionally, EPA has
included four data elements to address collection of the source water
metadata discussed in section III.B.2.
The four new metadata elements are all yes or no questions, with a
corresponding drop down menu of options if yes is selected:
(1) Bloom Occurrence--preceding the finished water sample
collection, did you observe an algal bloom in your source waters near
the intake?
(2) Cyanotoxin Occurrence--preceding the finished water sample
collection, were cyanotoxins ever detected in your source waters, near
the intake and prior to any treatment (based on sampling by you or
another party)?
(3) Indicator of Possible Bloom--Treatment--preceding the finished
water sample collection, did you notice any changes in your treatment
system operation and/or treated water quality that may indicate a bloom
in the source water?
(4) Indicator of Possible Bloom--Source Water Quality Parameters--
preceding the finished water sample collection, did you observe any
notable changes in source water quality parameters (if measured)?
Please see Table 1 of Sec. 141.35(e) for the complete list of data
elements, definitions and drop down options that will be provided in
the data reporting system.
b. Summary of Major Comments and EPA Responses
EPA received many comments on the proposed data elements,
particularly regarding the complexity and utility of collecting the new
quality control (QC) parameters; concerns with how the data will be
gathered and processed; and questions about how the database will
function.
EPA will collect all 30 data elements in SDWARS 4, an updated
version of the data reporting system used in previous UCMR actions.
More than half of these data elements (e.g., inventory and analytical
results) were used in prior UCMR cycles and were included in the
previous SDWARS system. The new QC data elements are already generated
by the laboratory and do not constitute new analytical requirements.
SDWARS 4 will include improvements in the user interface and new QC
checks will be built into the system to review the data in real-time.
Consistent with prior UCMR cycles, states and EPA will have access to
data once posted by the laboratory and reviewed by the PWS (or 60 days
after the laboratory posting, whichever comes first). EPA will offer
two database training sessions in 2017 to help users become familiar
with the new system. One training session will be for the water systems
and the other training session will be for the laboratories. A future
Federal Register announcement will provide more details on these
training sessions.
Other comments regarding the data elements included the following
specific points: a request for a simpler
[[Page 92676]]
classification of treatment ``bins''; a recommendation that the final
rule collect the primary and secondary disinfectant practice in place
at the time of HAA sampling; an observation that the UCMR 4 data are
more informative when there is information describing the associated
treatment; a recommendation that EPA simplify the data elements and
data definitions; and a recommendation that the rule not collect
metadata about oxidant addition, oxidant order of application, oxidant
dose and oxidant contact time.
The final rule simplifies and clarifies the treatment options
available for the PWS to select as metadata; includes the collection of
all disinfectant practices and information describing the treatment in
place; simplifies the data elements and data definitions; and does not
include the collection of metadata about oxidant order of application,
dose or contact time. EPA's response is detailed more fully in the
``Response to Comments Document for the Unregulated Contaminant
Monitoring Rule (UCMR 4),'' (USEPA, 2016b), which can be found in the
electronic docket listed in the ADDRESSES section of this notice.
IV. How are laboratories approved for UCMR 4 monitoring?
Consistent with the proposal, and with past practice, the final
rule requires EPA approval of all laboratories conducting analyses for
UCMR 4. EPA will follow the traditional Agency approach, outlined in
the proposal, to approving UCMR laboratories, which requires
laboratories seeking approval to: (1) Provide EPA with data that
demonstrates a successful completion of an initial demonstration of
capability (IDC) as outlined in each method; (2) verify successful
analytical performance at or below the MRLs as specified in this
action; (3) provide information about laboratory operating procedures;
and (4) successfully participate in an EPA proficiency testing (PT)
program for the analytes of interest. Audits of laboratories may be
conducted by EPA prior to and/or following approval. The ``UCMR 4
Laboratory Approval Requirements and Information Document'' (USEPA,
2016d) provides guidance on the EPA laboratory approval program and the
specific method acceptance criteria.
EPA may supply analytical reference standards for select analytes
to participating/approved laboratories when reliable standards are not
readily available through commercial sources.
This final rule's structure for the laboratory approval program is
the same as that proposed for UCMR 4 and employed in previous UCMRs,
and provides an assessment of the laboratories' ability to perform
analyses using the methods listed in Sec. 141.40(a)(3), Table 1. The
UCMR 4 laboratory approval process is designed to assess whether
laboratories possess the required equipment and analyst skills and can
meet the laboratory-performance and data-reporting criteria described
in this action. Laboratory participation in the UCMR laboratory
approval program is voluntary. However, as in previous UCMRs and as
proposed for UCMR 4, EPA will require PWSs to exclusively use
laboratories that have been approved under the program to analyze UCMR
4 samples. EPA expects to post a list of approved UCMR 4 laboratories
to https://www.epa.gov/dwucmr. Laboratories are encouraged to apply for
UCMR 4 approval as early as possible, as EPA anticipates that large
PWSs scheduled for monitoring in the first year will be making
arrangements for sample analyses soon after the final rule is
published. The steps and requirements for the laboratory approval
process are listed in sections A through F below.
A. Request To Participate
Laboratories interested in the UCMR 4 laboratory approval program
can request registration materials by emailing EPA at
UCMR_Sampling_Coordinator@epa.gov to request registration materials.
B. Registration
Laboratory applicants will provide registration information that
includes: Laboratory name, mailing address, shipping address, contact
name, phone number, email address and a list of the UCMR 4 methods for
which the laboratory is seeking approval. This registration step
provides EPA with the necessary contact information, and ensures that
each laboratory receives a customized application package. Laboratories
must complete and submit the necessary registration information by
February 21, 2017.
C. Application Package
Laboratories wishing to participate will complete and return a
customized application package that includes the following: IDC data,
including precision, accuracy and results of MRL studies; information
regarding analytical equipment and other materials; proof of current
drinking water laboratory certification (for select compliance
monitoring methods); and example chromatograms for each method under
review. Laboratories must complete and submit the necessary application
materials by April 19, 2017.
As a condition of receiving and maintaining approval, the
laboratory is expected to confirm that it will post UCMR 4 monitoring
results and quality control data that meet method criteria (on behalf
of its PWS clients) to EPA's UCMR electronic data reporting system,
SDWARS.
D. EPA's Review of Application Packages
EPA will review the application packages and, if necessary, request
follow-up information. Laboratories that successfully complete the
application process become eligible to participate in the UCMR 4 PT
program.
E. Proficiency Testing
A PT sample is a synthetic sample containing a concentration of an
analyte or mixture of analytes that is known to EPA, but unknown to the
laboratory. To be approved, a laboratory is expected to meet specific
acceptance criteria for the analysis of a UCMR 4 PT sample(s) for each
analyte in each method, for which the laboratory is seeking approval.
EPA intends to offer at least two opportunities for a laboratory to
successfully analyze UCMR 4 PT samples after publication of the final
rule. A laboratory is expected to pass one of the PT studies for each
analytical method for which it is requesting approval, and will not be
required to pass a PT study for a method it has already passed in a
previous UCMR 4 PT study. EPA does not expect to conduct additional PT
studies after the start of system monitoring; however, laboratory
audits will likely be ongoing throughout UCMR 4 implementation. Initial
laboratory approval is expected to be contingent on successful
completion of a PT study. Continued laboratory approval is contingent
on successful completion of the audit process and satisfactorily
meeting all the other stated conditions.
F. Written EPA Approval
For laboratories that have already successfully completed the
preceding steps (A through E), EPA will have sent the applicant a
letter listing the methods for which approval is pending (i.e., pending
promulgation of this rule). Because no changes have been made to the
final rule that impact the laboratory approval program, laboratories
that received pending approval letters will be granted approval without
further action on their part. Additional approval actions (i.e., for
those laboratories that apply and have not already proceeded to the
point of being in ``approval pending'' status) will be based on
laboratory completion of Steps
[[Page 92677]]
A through E. In both cases, EPA will document its final decision in
writing.
EPA did not receive any adverse comments on the laboratory approval
process or criteria that it proposed.
V. What is the past and future stakeholder involvement in the
regulation process?
A. What is the states' role in the UCMR program?
UCMR is a direct implementation rule (i.e., EPA has primary
responsibility for its implementation) and state participation is
voluntary. Under previous UCMRs, specific activities that individual
states, tribes and territories agreed to carry out or assist with were
identified and established exclusively through PAs. Through PAs,
states, tribes and territories can help EPA implement the UCMR program
and help ensure that the UCMR data are of the highest quality possible
to best support Agency decision making. Under UCMR 4, EPA will continue
to use the PA process to determine and document the following: the
process for review and revision of the SMPs; replacing and updating
system information; review and approval of proposed GW representative
monitoring plans; notification and instructions for systems; and
compliance assistance. EPA recognizes that states/primacy agencies
often have the best information about PWSs in their state and
encourages states to partner.
SMPs include tabular listings of the systems that EPA selected and
the proposed schedule for their monitoring. Initial SMPs also typically
include instructions to states for revising and/or correcting system
information in the SMPs, including modifying the sampling schedules for
small systems. EPA will incorporate revisions from states, resolve any
outstanding questions and return the final SMPs to each state.
B. What stakeholder meetings have been held in preparation for UCMR 4?
EPA incorporates stakeholder involvement into each UCMR cycle.
Specific to the development of UCMR 4, EPA held three public
stakeholder meetings and is announcing a fourth in today's preamble
(see section V.C). EPA held a meeting focused on drinking water methods
for CCL contaminants on May 15, 2013, in Cincinnati, Ohio. Participants
included representatives of state agencies, laboratories, PWSs,
environmental organizations and drinking water associations. Meeting
topics included an overview of the regulatory process (CCL, UCMR and
Regulatory Determination) and drinking water methods under development,
primarily for CCL contaminants (see USEPA, 2013 for presentation
materials). EPA held a second stakeholder meeting on June 25, 2014, in
Washington, DC. Attendees representing state agencies, tribes,
laboratories, PWSs, environmental organizations and drinking water
associations participated in the meeting via webinar and in person.
Meeting topics included a status update on UCMR 3; UCMR 4 potential
sampling design changes relative to UCMR 3; UCMR 4 candidate analytes
and rationale; and the laboratory approval process (see USEPA, 2014 for
meeting materials). The third stakeholder meeting was held on January
13, 2016, via a webinar, during the public comment period for the
proposed rule. Attendees representing state agencies, laboratories,
PWSs, environmental organizations and drinking water associations
participated. Meeting topics included the proposed UCMR 4 monitoring
requirements, analyte selection and rationale, analytical methods, the
laboratory approval process and GW representative monitoring plans (see
USEPA, 2016f for meeting materials).
C. How do I participate in the upcoming stakeholder meeting?
EPA will hold the fourth UCMR 4 public stakeholder meeting in
Washington, DC, on April 12, 2017. Attendees can participate in person
or via webinar. Topics will include the final UCMR 4 requirements for
monitoring, sampling and reporting, analytical methods, the laboratory
approval process, GW representative monitoring plans and consecutive
system monitoring plans.
1. Meeting Participation
Those who wish to participate in the public meeting, whether in
person or via webinar, need to register in advance no later than 5:00
p.m., eastern time on April 7, 2017, by going to https://www.eventbrite.com/e/ucmr-4-public-stakeholder-meeting-registration-28264984329. To ensure adequate time for questions, individuals or
organizations with specific questions should identify any upfront
questions when they register. Additional questions from attendees will
be taken during the meeting and answered as time permits. The number of
webinar connections available for the meeting is limited and will be
available on a first-come, first-served basis. Further details about
registration and participation can be found on EPA's Unregulated
Contaminant Monitoring Program ``Meetings and Materials'' Web site at
https://www.epa.gov/dwucmr.
2. Meeting Materials
Materials are expected to be sent by email to all registered
attendees prior to the meeting. EPA will post the materials on the
Agency's Web site for persons who are unable to participate.
D. How did EPA consider Children's Environmental Health?
Executive Order 13045 does not apply to UCMR 4, however, EPA's
Policy on Evaluating Health Risks to Children is applicable (See VII.G.
Executive Order 13045). By monitoring for unregulated contaminants that
may pose health risks via drinking water, UCMR furthers the protection
of public health for all citizens, including children. EPA considered
children's health risks during the development of UCMR 4. This includes
considering public comments about candidate contaminant priorities.
The objective of UCMR 4 is to collect nationally representative
drinking water data on a set of unregulated contaminants. EPA generally
collects occurrence data for contaminants at the lowest levels that are
feasible for the national network of approved drinking water
laboratories to quantify accurately. By setting reporting levels as low
as is feasible, the Agency positions itself to better address
contaminant risk information in the future, including that associated
with unique risks to children.
E. How did EPA address Environmental Justice?
The EPA has concluded that this action is not subject to Executive
Order 12898 (59 FR 7629, February 16, 1994) because it does not
establish an environmental health or safety standard (see VII.J.
Executive Order 12898). This regulatory action provides EPA and other
interested parties with scientifically valid data on the national
occurrence of selected contaminants in drinking water. By seeking to
identify unregulated contaminants that may pose health risks via
drinking water from all PWSs, UCMR furthers the protection of public
health for all citizens. EPA recognizes that unregulated contaminants
in drinking water are of interest to all populations and structured the
rulemaking process and implementation of the UCMR 4 rule to allow for
meaningful involvement and transparency. EPA organized public meetings
and webinars to share information regarding the development of UCMR 4;
coordinated with tribal governments; and convened a
[[Page 92678]]
workgroup that included representatives from several states.
EPA will continue to collect U.S. Postal Service Zip Codes for each
PWS's service area, as collected under UCMR 3, to support assessment in
future regulatory evaluations of whether or not minority, low-income
and/or indigenous-population communities are uniquely impacted by
particular drinking water contaminants.
VI. What documents are being incorporated by reference?
The following methods are incorporated by reference into this
section for UCMR 4 monitoring. All approved material is available for
inspection electronically at https://www.regulations.gov (Docket ID No.
EPA-HQ-OW-2015-0218), or from the sources listed for each method. EPA
has worked to make these methods and documents reasonably available to
interested parties. The EPA and non-EPA methods that support monitoring
under this rule are as follows:
A. Methods From the U.S. Environmental Protection Agency
The following methods are from the U.S. Environmental Protection
Agency, Water Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Avenue NW., Washington, DC 20004.
1. Method 200.8 ``Determination of Trace Elements in Waters and
Wastes by Inductively Coupled Plasma--Mass Spectrometry,'' Revision
5.4, EMMC Version, 1994. Available on the Internet at https://www.nemi.gov. This is an EPA method for the analysis of elements in
water by ICP-MS and will measure germanium and manganese during UCMR 4.
2. Method 300.0 ``Determination of Inorganic Anions by Ion
Chromatography Samples,'' Revision 2.1, August 1993. Available on the
Internet at https://www.nemi.gov. This is an EPA method for the
analysis of inorganic anions in water samples using ion chromatography
(IC) with conductivity detection. It will be used for the measurement
of bromide, an indicator for the HAAs.
3. Method 300.1 ``Determination of Inorganic Anions in Drinking
Water by Ion Chromatography,'' Revision 1.0, 1997. Available on the
Internet at https://www.epa.gov/dwanalyticalmethods. This is an EPA
method for the analysis of inorganic anions in water samples using IC
with conductivity detection. It will be used for the measurement of
TOC, an indicator for the HAAs.
4. Method 317.0 ``Determination of Inorganic Oxyhalide Disinfection
By-Products in Drinking Water Using Ion Chromatography with the
Addition of a Postcolumn Reagent for Trace Bromate Analysis,'' Revision
2.0, July 2001, EPA 815-B-01-001. Available on the Internet at https://www.epa.gov/dwanalyticalmethods. This is an EPA method for the analysis
of inorganic anions in water samples using IC with conductivity
detection. It will be used for the measurement of bromide, an indicator
for the HAAs.
5. Method 326.0 ``Determination of Inorganic Oxyhalide Disinfection
By-Products in Drinking Water Using Ion Chromatography Incorporating
the Addition of a Suppressor Acidified Postcolumn Reagent for Trace
Bromate Analysis,'' Revision 1.0, June 2002, EPA 815-R-03-007.
Available on the Internet at https://www.epa.gov/dwanalyticalmethods.
This is an EPA method for the analysis of inorganic anions in water
samples using IC with conductivity detection. It will be used for the
measurement of bromide, an indicator for the HAAs.
6. Method 415.3 ``Determination of Total Organic Carbon and
Specific UV Absorbance at 254 nm in Source Water and Drinking Water,''
Revision 1.1, February 2005, EPA/600/R-05/055. Available on the
Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods. This is an EPA method for the analysis of TOC in
water samples using a conductivity detector or a nondispersive infrared
detector.
7. Method 415.3 ``Determination of Total Organic Carbon and
Specific UV Absorbance at 254 nm in Source Water and Drinking Water,''
Revision 1.2, September 2009, EPA/600/R-09/122. Available on the
Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods. This is an EPA method for the analysis of TOC in
water samples using a conductivity detector or a nondispersive infrared
detector.
8. Method 525.3 ``Determination of Semivolatile Organic Chemicals
in Drinking Water by Solid Phase Extraction and Capillary Column Gas
Chromatography/Mass Spectrometry (GC/MS),'' Version 1.0, February 2012,
EPA/600/R-12/010. Available on the Internet https://www.epa.gov/water-research/epa-drinking-water-research-methods. This is an EPA method for
the analysis of semivolatile organic chemicals in drinking water using
SPE and GC/MS and will measure the nine UCMR 4 pesticides (alpha-
hexachlorocyclohexane, chlorpyrifos, dimethipin, ethoprop, oxyfluorfen,
profenofos, tebuconazole, total cis- and trans- permethrin and
tribufos).
9. Method 530 ``Determination of Select Semivolatile Organic
Chemicals in Drinking Water by Solid Phase Extraction and Gas
Chromatography/Mass Spectrometry (GC/MS),'' Version 1.0, January 2015,
EPA/600/R-14/442. Available on the Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods. This is an EPA
method for the analysis of semivolatile organic chemicals in drinking
water using SPE and GC/MS and will measure butylated hydroxyanisole, o-
toluidine and quinoline.
10. EPA Method 541: ``Determination of 1-Butanol, 1,4-Dioxane, 2-
Methoxyethanol and 2-Propen-1-ol in Drinking Water by Solid Phase
Extraction and Gas Chromatography/Mass Spectrometry,'' November 2015,
EPA 815-R-15-011. Available on the Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods. This is an EPA
method for the analysis of selected alcohols and 1,4-dioxane in
drinking water using SPE and GC/MS and will measure 1-butanol, 2-
methoxyethanol and 2-propen-1-ol.
11. Method 544 ``Determination of Microcystins and Nodularin in
Drinking Water by Solid Phase Extraction and Liquid Chromatography/
Tandem Mass Spectrometry (LC/MS/MS),'' Version 1.0, February 2015, EPA
600-R-14/474. Available on the Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods. This is an EPA method for
the analysis of selected cyanotoxins in drinking water using SPE and
LC-MS/MS with electrospray ionization (ESI) and will measure six
microcystins (microcystin-LA, microcystin-LF, microcystin-LR,
microcystin-LY, microcystin-RR and microcystin-YR) and nodularin.
12. EPA Method 545: ``Determination of Cylindrospermopsin and
Anatoxin-a in Drinking Water by Liquid Chromatography Electrospray
Ionization Tandem Mass Spectrometry (LC/ESI-MS/MS),'' April 2015, EPA
815-R-15-009. Available on the Internet at https://www.epa.gov/dwanalyticalmethods. This is an EPA method for the analysis of selected
cyanotoxins in drinking water using LC-MS/MS with ESI and will measure
cylindrospermopsin and anatoxin-a.
13. EPA Method 546: ``Determination of Total Microcystins and
Nodularins in Drinking Water and Ambient Water by Adda Enzyme-Linked
Immunosorbent Assay,'' August 2016, EPA-815-B-16-011. Available on the
Internet at https://www.epa.gov/dwanalyticalmethods. This is an EPA
method for the analysis of total microcystins and nodularins in
drinking water using ELISA.
[[Page 92679]]
14. Method 552.3 ``Determination of Haloacetic Acids and Dalapon in
Drinking Water by Liquid-Liquid Microextraction, Derivatization, and
Gas Chromatography with Electron Capture Detection,'' Revision 1.0,
July 2003, EPA 815-B-03-002. Available on the Internet at https://www.epa.gov/dwanalyticalmethods. This is an EPA method for the analysis
of haloacetic acids and dalapon in drinking water using liquid-liquid
microextraction, derivatization, and GC with ECD, and will measure the
three UCMR 4 HAA groups (HAA5, HAA6Br and HAA9).
15. EPA Method 557: ``Determination of Haloacetic Acids, Bromate,
and Dalapon in Drinking Water by Ion Chromatography Electrospray
Ionization Tandem Mass Spectrometry (IC-ESI-MS/MS),'' Version 1.0,
September 2009, EPA 815-B-09-012. Available on the Internet at https://www.epa.gov/dwanalyticalmethods. This is an EPA method for the analysis
of haloacetic acids, bromate, and dalapon in drinking water using IC-
MS/MS with ESI, and will measure the three UCMR 4 HAA groups (HAA5,
HAA6Br and HAA9).
B. Methods From American Public Health Association--Standard Methods
(SM)
The following methods are from American Public Health Association--
Standard Methods (SM), 800 I Street NW., Washington, DC 20001-3710
1. ``Standard Methods for the Examination of Water & Wastewater,''
21st edition (2005).
a. SM 3125 ``Metals by Inductively Coupled Plasma/Mass
Spectrometry.'' This is a Standard Method for the analysis of metals
and metalloids in water by ICP-MS and is used for the analysis of
germanium and manganese.
b. SM 5310B ``Total Organic Carbon (TOC): High-Temperature
Combustion Method.'' This is a Standard Method for the analysis of TOC
in water samples using a conductivity detector or a nondispersive
infrared detector.
c. SM 5310C ``Total Organic Carbon (TOC): Persulfate-UV or Heated-
Persulfate Oxidation Method.'' This is a Standard Method for the
analysis of TOC in water samples using conductivity detector or a
nondispersive infrared detector.
d. SM 5310D ``Total Organic Carbon (TOC): Wet-Oxidation Method.''
This is a Standard Method for the analysis of TOC in water samples
using a conductivity detector or a nondispersive infrared detector.
2. ``Standard Methods Online.,'' approved 2000 (unless noted).
Available for purchase on the Internet at https://www.standardmethods.org.
a. SM 3125 ``Metals by Inductively Coupled Plasma/Mass
Spectrometry'' Editorial revisions, 2011 (SM 3125-09). This is a
Standard Method for the analysis of metals and metalloids in water by
ICP-MS and is used to measure germanium and manganese.
b. SM 5310B ``Total Organic Carbon: High-Temperature Combustion
Method,'' (5310B-00). This is a Standard Method for the analysis of TOC
in water samples using a conductivity detector or a nondispersive
infrared detector.
c. SM 5310C ``Total Organic Carbon: Persulfate-UV or Heated-
Persulfate Oxidation Method,'' (5310C-00). This is a Standard Method
for the analysis of TOC in water samples using a conductivity detector
or a nondispersive infrared detector.
d. SM 5310D ``Total Organic Carbon: Wet-Oxidation Method,'' (5310D-
00). This is a Standard Method for the analysis of TOC in water samples
using a conductivity detector or a nondispersive infrared detector.
C. Methods From ASTM International
The following methods are from ASTM International, 100 Barr Harbor
Drive, West Conshohocken, PA 19428-2959.
1. ASTM D5673-10 ``Standard Test Method for Elements in Water by
Inductively Coupled Plasma-Mass Spectrometry,'' approved August 1,
2010. Available for purchase on the Internet at https://www.astm.org/Standards/D5673.htm. This is an ASTM method for the analysis of
elements in water by ICP-MS and is used to measure germanium and
manganese.
2. ASTM D6581-12 ``Standard Test Methods for Bromate, Bromide,
Chlorate, and Chlorite in Drinking Water by Suppressed Ion
Chromatography,'' approved March 1, 2012. Available for purchase on the
Internet at https://www.astm.org/Standards/D6581.htm. This is an ASTM
method for the analysis of inorganic anions in water samples using IC
with conductivity detection. It will be used for the measurement of
bromide, an indicator for the HAAs.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. Any changes
made in response to OMB recommendations have been documented in the
docket, ``Documentation of OMB Review Under Executive Order 12866:
Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR 4)
for Public Water Systems.'' The EPA prepared an analysis of the
potential costs associated with this action, and this is also available
in the docket, ``Information Collection Request for the Unregulated
Contaminant Monitoring Rule (UCMR 4).''
B. Paperwork Reduction Act (PRA)
The information collection activities in this rule have been
submitted for approval to OMB under the PRA. The ICR document that the
EPA prepared has been assigned EPA ICR number 2192.08. You can find a
copy of the ICR in the docket for this rule, and it is briefly
summarized here. The ICR requirements are not enforceable until OMB
approves them.
The information that EPA will collect under this rule fulfills the
statutory requirements of section 1445(a)(2) of the SDWA, as amended in
1996. EPA will collect information that describes the source of the
water, location and test results for samples taken from PWSs as
described in 40 CFR 141.35(e). The information collected will support
Agency decisions as to whether or not to regulate particular
contaminants under the SDWA. Reporting is mandatory. The data are not
subject to confidentiality protection.
EPA received a number of comments regarding cost and burden of the
proposed rule. Those comments recommended the following: Omit source
water monitoring for microcystins; omit UCMR 4 HAA monitoring for PWSs
that do not conduct HAA compliance monitoring; allow monitoring over a
12-month period for contaminants other than cyanotoxins; and provide
more accurate cost estimates. Based on these public comments, the
following changes were made to the final rule. EPA's response is
detailed more fully in the ``Response to Comments Document for the
Unregulated Contaminant Monitoring Rule (UCMR 4),'' (USEPA, 2016b),
which can be found in the electronic docket listed in the ADDRESSES
section of this notice.
1. Removed the proposed source water monitoring requirement for
microcystins, temperature and pH.
2. Limited UCMR 4 HAA monitoring to only those PWSs that are
subject to the D/DBPRs.
3. Restored the traditional 12-month monitoring schedule for the 20
additional (non-cyanotoxin) contaminants. This will support PWSs
[[Page 92680]]
that wish to do concurrent HAA compliance monitoring and UCMR 4
sampling.
4. Increased the wage estimates to 2016 rates using the Employment
Cost Index for waters and salaries in trade, transport and utilities.
5. Updated the analytical costs of each method with new cost
estimates from more laboratories.
The annual burden and cost estimates described in this section are
based on the implementation assumptions described in section III. In
general, burden hours were calculated by:
1. Determining the activities that PWSs and states would complete
to comply with the UCMR activity;
2. Estimating the number of hours per activity;
3. Estimating the number of respondents per activity; and
4. Multiplying the hours per activity by the number of respondents
for that activity.
Respondents to UCMR 4 include 1,600 small PWSs (800 for cyanotoxin
monitoring and a different set of 800 for monitoring the additional 20
contaminants), the ~4,292 large PWSs and the 56 states and primacy
agencies (~5,948 total respondents). The frequency of response varies
across respondents and years. System costs (particularly laboratory
analytical costs) vary depending on the number of sampling locations.
For cost estimates, EPA assumed that systems will conduct sampling
evenly from January 2018 through December 2020, excluding December,
January and February of each year for cyanotoxins (i.e., one-third of
the systems in each year of monitoring). Because the applicable ICR
period is 2017-2019, one year of monitoring activity (i.e., 2020) is
not captured in the ICR estimates; this will be addressed in a
subsequent ICR renewal for UCMR 4.
Small PWSs that are selected for UCMR 4 monitoring will sample an
average of 6.7 times per PWS (i.e., number of responses per PWS) across
the 3-year ICR period. The average burden per response for small PWSs
is estimated to be 2.8 hours. Large PWSs (those serving 10,001 to
100,000 people) and very large PWSs (those serving more than 100,000
people) will sample and report an average of 11.4 and 14.1 times per
PWS, respectively, across the 3-year ICR period. The average burden per
response for large and very large PWSs is estimated at 6.1 and 9.9
hours, respectively. States are assumed to have an annual average
burden of 244.3 hours related to coordination with EPA and PWSs. In the
aggregate, during the ICR period, the average response (e.g., responses
from PWSs and states) is associated with a burden of 6.9 hours, with a
labor plus non-labor cost of $1,636 per response.
The annual average per-respondent burden hours and costs for the
ICR period are: Small PWSs--6.1 hours, or $169, for labor; large PWSs--
23.3 hours, or $684, for labor and $5,756 for analytical costs; very
large PWSs--46.4 hours, or $1,253, for labor and $15,680 for analytical
costs; and states--244.3 hours, or $11,789, for labor. Annual average
burden and cost per respondent (including both systems and states) is
estimated to be 23.3 hours, with a labor plus non-labor cost of $3,718
per respondent. Burden is defined at 5 CFR 1320.3(b).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
rules in 40 CFR are listed in 40 CFR part 9. When OMB approves this
ICR, the Agency will announce that approval in the Federal Register and
publish a technical amendment to 40 CFR part 9 to display the OMB
control number for the approved information collection activities
contained in this final rule.
C. Regulatory Flexibility Act (RFA)
For purposes of assessing the impacts of this rule on small
entities, EPA considered small entities to be PWSs serving 10,000 or
fewer people, because this is the system size specified in the SDWA as
requiring special consideration with respect to small system
flexibility. As required by the RFA, EPA proposed using this
alternative definition in the FR, (63 FR 7606, February 13, 1998
(USEPA, 1998a)), sought public comment, consulted with the Small
Business Administration (SBA) and finalized the alternative definition
in the Consumer Confidence Reports rulemaking, (63 FR 44512, August 19,
1998 (USEPA, 1998b)). As stated in that Final Rule, the alternative
definition will be applied to future drinking water rules, including
this rule.
An agency certifies that a rule will not have a significant
economic impact on a substantial number of small entities under the
RFA. In making this determination, the impact of concern is any
significant adverse economic impact on a substantial number of small
entities if the rule relieves regulatory burden, has no net burden or
otherwise has a positive economic effect on the small entities subject
to the rule. The evaluation of the overall impact on small systems,
summarized in the preceding discussion, is further described as
follows. EPA analyzed the impacts for privately-owned and publicly-
owned water systems separately, due to the different economic
characteristics of these ownership types, such as different rate
structures and profit goals. However, for both publicly- and privately-
owned systems, EPA used the ``revenue test,'' which compares annual
system costs attributed to the rule to the system's annual revenues.
EPA used median revenue data from the 2006 CWS Survey for public and
private water systems (USEPA, 2009c). The revenue figures were updated
to 2016 dollars, and increased by three percent to account for
inflation. EPA assumes that the distribution of the sample of
participating small systems will reflect the proportions of publicly-
and privately-owned systems in the national inventory. The estimated
distribution of the representative sample, categorized by ownership
type, source water and system size, is presented in Exhibit 6.
Exhibit 6--Number of Publicly- and Privately-Owned Small Systems Subject to UCMR 4
----------------------------------------------------------------------------------------------------------------
Privately-
System size (# of people served) Publicly-owned owned Total 1
----------------------------------------------------------------------------------------------------------------
Ground Water
----------------------------------------------------------------------------------------------------------------
500 and under................................................... 21 64 85
501 to 3,300.................................................... 161 62 223
3,301 to 10,000................................................. 179 41 220
-----------------------------------------------
Subtotal GW................................................. 361 167 528
----------------------------------------------------------------------------------------------------------------
[[Page 92681]]
Surface Water (and GWUDI)
----------------------------------------------------------------------------------------------------------------
500 and under................................................... 18 21 39
501 to 3,300.................................................... 241 86 327
3,301 to 10,000................................................. 548 158 706
-----------------------------------------------
Subtotal SW................................................. 807 265 1,072
-----------------------------------------------
Total of Small Water Systems............................ 1,168 432 1,600
----------------------------------------------------------------------------------------------------------------
\1\ PWS counts were adjusted to display as whole numbers in each size category.
The basis for the UCMR 4 RFA certification is as follows: For the
1,600 small water systems that will be affected, the average annual
cost for complying with this rule represents no more than 0.7% of
system revenues (the highest estimated percentage is for GW systems
serving 500 or fewer people, at 0.7% of its median revenue). Exhibit 7
presents the yearly cost to small systems and to EPA for the small
system sampling program, along with an illustration of system
participation for each year of UCMR 4.
Exhibit 7--Implementation of UCMR 4 at Small Systems
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cost description 2017 2018 2019 2020 2021 Total \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Costs to EPA for Small System Program (Assessment Monitoring)
--------------------------------------------------------------------------------------------------------------------------------------------------------
$0 $5,635,113 $5,635,113 $5,635,113 $0 $16,905,340
--------------------------------------------------------------------------------------------------------------------------------------------------------
Costs to Small Systems (Assessment Monitoring)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0 270,848 270,848 270,848 0 812,545
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Costs to EPA and Small Systems for UCMR 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
0 5,905,962 5,905,962 5,905,962 0 17,717,886
--------------------------------------------------------------------------------------------------------------------------------------------------------
System Monitoring Activity Timeline \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Assessment Monitoring: Cyanotoxins...................... .............. 1/3 PWSs 1/3 PWSs 1/3 PWSs .............. 800
Sample Sample Sample
Assessment Monitoring: 20 Additional Contaminants....... .............. 1/3 PWSs 1/3 PWSs 1/3 PWSs .............. 800
Sample Sample Sample
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Totals may not equal the sum of components due to rounding.
\2\ Total number of systems is 1,600. No small system conducts Assessment Monitoring for both cyanotoxins and the 20 additional contaminants.
PWS costs are attributed to the labor required for reading about
UCMR 4 requirements, monitoring, reporting and record keeping. The
estimated average annual burden across the 5-year UCMR 4 implementation
period of 2017-2021 is 2.8 hours at $102 per small system. Average
annual cost, in all cases, is less than 0.7% of system revenues. By
assuming all costs for laboratory analyses, shipping and quality
control for small entities, EPA incurs the entirety of the non-labor
costs associated with UCMR 4 small system monitoring, or 95% of total
small system testing costs. Exhibit 8 and Exhibit 9 present the
estimated economic impacts in the form of a revenue test for publicly-
and privately-owned systems.
Exhibit 8--UCMR 4 Relative Cost Analysis for Small Publicly-Owned Systems (2017-2021)
----------------------------------------------------------------------------------------------------------------
Average annual Average annual
Annual number hours per cost per Revenue test 2
System size (# of people served) of systems system (2017- system (2017- (%)
impacted 1 2021) 2021)
----------------------------------------------------------------------------------------------------------------
Ground Water Systems
----------------------------------------------------------------------------------------------------------------
500 and under................................... 4 1.5 $55 0.14
501 to 3,300.................................... 32 1.6 59 0.04
3,301 to 10,000................................. 36 1.7 63 0.01
----------------------------------------------------------------------------------------------------------------
Surface Water (and GWUDI) Systems
----------------------------------------------------------------------------------------------------------------
500 and under................................... 4 3.3 119 0.16
501 to 3,300.................................... 48 3.3 119 0.04
3,301 to 10,000................................. 110 3.4 124 0.01
----------------------------------------------------------------------------------------------------------------
\1\ PWS counts were adjusted to display as whole numbers in each size category.
\2\ The Revenue Test was used to evaluate the economic impact of an information collection on small government
entities (e.g., publicly-owned systems); costs are presented as a percentage of median annual revenue in each
size category (EPA, 2009c).
[[Page 92682]]
Exhibit 9--UCMR 4 Relative Cost Analysis for Small Privately-Owned Systems (2017-2021)
----------------------------------------------------------------------------------------------------------------
Average annual Average annual
Annual number hours per cost per Revenue test 2
System size (# of people served) of systems system (2017- system (2017- (%)
impacted 1 2021) 2021)
----------------------------------------------------------------------------------------------------------------
Ground Water Systems
----------------------------------------------------------------------------------------------------------------
500 and under................................... 13 1.5 $55 0.74
501 to 3,300.................................... 12 1.6 59 0.04
3,301 to 10,000................................. 8 1.7 63 0.01
----------------------------------------------------------------------------------------------------------------
Surface Water (and GWUDI) Systems
----------------------------------------------------------------------------------------------------------------
500 and under................................... 4 3.3 119 0.28
501 to 3,300.................................... 17 3.3 119 0.04
3,301 to 10,000................................. 32 3.4 124 0.01
----------------------------------------------------------------------------------------------------------------
\1\ PWS counts were adjusted to display as whole numbers in each size category.
\2\ The Revenue Test was used to evaluate the economic impact of an information collection on small government
entities (e.g., privately-owned systems); costs are presented as a percentage of median annual revenue in each
size category (EPA, 2009c).
The Agency has determined that 1,600 small PWSs (for Assessment
Monitoring), or approximately 4.2% of all small systems, will
experience an impact of no more than 0.7% of revenues; the remainder of
small systems will not be impacted.
Although this rule will not have a significant economic impact on a
substantial number of small entities, EPA has attempted to reduce this
impact by assuming all costs for analyses of the samples and for
shipping the samples from small systems to laboratories contracted by
EPA to analyze UCMR 4 samples (the cost of shipping is now included in
the cost of each analytical method). EPA has set aside $2.0 million
each year from the Drinking Water State Revolving Fund (SRF), with its
authority to use SRF monies for the purposes of implementing this
provision of the SDWA. Thus, the costs to these small systems will be
limited to the labor associated with collecting a sample and preparing
it for shipping.
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. The Agency therefore
concluded that this action will have no net regulatory burden for all
directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an annual unfunded mandate of $100
million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action
implements mandate(s) specifically and explicitly set forth in the SDWA
without the exercise of any policy discretion by the EPA.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action will neither impose substantial direct compliance costs
on federally recognized tribal governments, nor preempt tribal law. As
described previously, this rule requires monitoring by all large PWSs.
Information in the SDWIS/Fed water system inventory indicates there are
17 large tribal PWSs (ranging in size from 10,001 to 40,000 customers).
EPA estimates the average annual cost to each of these large PWSs, over
the 5-year rule period, to be $3,864. This cost is based on a labor
component (associated with the collection of samples), and a non-labor
component (associated with shipping and laboratory fees), and
represents 1.1% of average revenue/sales for large PWSs. UCMR also
requires monitoring by a nationally representative sample of small
PWSs. EPA estimates that approximately 1.5% of small tribal systems
will be selected as a nationally representative sample for Assessment
Monitoring. EPA estimates the average annual cost to small tribal
systems over the 5-year rule period to be $102. Such cost is based on
the labor associated with collecting a sample and preparing it for
shipping and represents less than 0.7% of average revenue/sales for
small PWSs. All other small PWS expenses (associated with shipping and
laboratory fees) are paid by EPA.
EPA consulted with tribal officials under the EPA Policy on
Consultation and Coordination with Indian Tribes early in the process
of developing this rule to permit them to have meaningful and timely
input into its development. A summary of that consultation is provided
in the electronic docket listed in the ADDRESSES section of this
notice.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because EPA does not think the environmental health or safety risks
addressed by this action present a disproportionate risk to children.
This action's health and risk assessments are addressed in section V.D
of the preamble.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. This is a national drinking water
occurrence study that was submitted to OMB for review.
I. National Technology Transfer and Advancement Act and 1 CFR Part 51
This action involves technical standards. This rule uses methods
developed by the Agency and two major voluntary consensus method
organizations to support UCMR 4 monitoring. The voluntary consensus
method organizations are Standard Methods and ASTM International. EPA
[[Page 92683]]
identified acceptable consensus method organization standards for the
analysis of manganese and germanium. In addition, there are several
consensus standards that are approved for compliance monitoring that
will be available for use in the analysis of TOC and bromide. A summary
of each method along with how the method specifically applies to UCMR 4
can be found in section VI of the preamble.
All of these standards are reasonably available for public use. The
Agency methods are free for download on EPA's Web site. The methods in
the Standard Method 21st edition are consensus standards, available for
purchase from the publisher, and are commonly used by the drinking
water community. The methods in the Standard Method Online are
consensus standards, available for purchase from the publisher's Web
site, and are commonly used by the drinking water community. The
methods from ASTM International are consensus standards, are available
for purchase from the publisher's Web site, and are commonly used by
the drinking water community.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA concludes that this action is not subject to Executive
Order 12898 (59 FR 7629, February 16, 1994) because it does not
establish an environmental health or safety standard. Background
information regarding EPA's consideration of Executive Order 12898 in
the development of this final rule is provided in section V.E of this
preamble, and an additional supporting document has been placed in the
electronic docket listed in the ADDRESSES section of this notice.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
VIII. References
ASDWA. 2013. Insufficient Resources for State Drinking Water
Programs Threaten Public Health: An Analysis of State Drinking Water
Programs' Resources and Needs. December 2013.
ASTM. 2010. ASTM D5673-10--Standard Test Method for Elements in
Water by Inductively Coupled Plasma-Mass Spectrometry. Approved
August 1, 2010. Available for purchase on the Internet at https://www.astm.org/Standards/D5673.htm.
ASTM. 2012. ASTM D6581-12--Standard Test Methods for Bromate,
Bromide, Chlorate, and Chlorite in Drinking Water by Suppressed Ion
Chromatography. Available for purchase on the Internet at https://www.astm.org/Standards/D6581.htm.
Fischer, W.J., Garthwaite, I., Miles, C.O., Ross, K.M., Aggen,
J.B., Chamberlin, A.R., Towers, N.R., Dietrich, D.R. 2001. Congener-
Independent Immunoassay for Microcystins and Nodularins.
Environmental Science & Technology, 35 (24), pp 4849-4856. Available
for purchase on the Internet at https://dx.doi.org/10.1021/es011182f.
McElhiney, J., and Lawton, L.A. 2005. Detection of the
Cyanobacterial Hepatotoxins Microcystins. Toxicology and Applied
Pharmacology, 203 (3): 219-230. Available for purchase on the
Internet at https://dx.doi.org/10.1016/j.taap.2004.06.002.
Ohio EPA. 2015. Ohio EPA Total (Extracellular and Intracellular)
Microcystins--Adda by ELISA Analytical Methodology. Version 2.0.
January 2015. Available on the Internet at https://www.epa.ohio.gov/Portals/28/documents/habs/HAB_Analytical_Methodology.pdf.
SM Online. 2000a. SM 5310B-00--The Determination of Total
Organic Carbon by High-Temperature Combustion Method. Standard
Methods Online. Available for purchase on the Internet at https://www.standardmethods.org.
SM Online. 2000b. SM 5310C-00--Total organic carbon by
Persulfate-UV or Heated-Persulfate Oxidation Method. Standard
Methods Online. Available for purchase on the Internet at https://www.standardmethods.org.
SM Online. 2000c. SM 5310D-00--Total organic carbon by Wet-
Oxidation Method. Standard Methods Online. Available for purchase on
the Internet at https://www.standardmethods.org.
SM. 2005a. SM 3125--Metals by Inductively Coupled Plasma/Mass
Spectrometry. Standard Methods for the Examination of Water &
Wastewater, 21st edition. American Public Health Association, 800 I
Street NW., Washington, DC 20001-3710.
SM. 2005b. SM 5310B--The Determination of Total Organic Carbon
by High-Temperature Combustion Method. Standard Methods for the
Examination of Water & Wastewater, 21st edition. American Public
Health Association, 800 I Street NW., Washington, DC 20001-3710.
SM. 2005c. SM 5310C-00--Total Organic Carbon by Persulfate-UV or
Heated-Persulfate Oxidation Method. Standard Methods for the
Examination of Water & Wastewater, 21st edition. American Public
Health Association, 800 I Street NW., Washington, DC 20001-3710.
SM. 2005d. SM 5310D--Total Organic Carbon by Wet-Oxidation
Method. Standard Methods for the Examination of Water & Wastewater,
21st edition. American Public Health Association, 800 I Street NW.,
Washington, DC 20001-3710.
SM Online. 2009. SM 3125-09--Metals by Inductively Coupled
Plasma/Mass Spectrometry (Editorial revisions, 2011). Standard
Methods Online. Available for purchase on the Internet at https://www.standardmethods.org.
USEPA. 1993. EPA Method 300.0--Determination of Inorganic Anions
by Ion Chromatography Samples. Revision 2.1. Available on the
Internet at https://www.nemi.gov.
USEPA. 1994. EPA Method 200.8--Determination of Trace Elements
in Waters and Wastes by Inductively Coupled Plasma-Mass
Spectrometry. Revision 5.4. Available on the Internet at https://www.nemi.gov/.
USEPA. 1997. EPA Method 300.1--Determination of Inorganic Anions
in Drinking Water by Ion Chromatography. Revision 1.0. 1997.
Available on the Internet at https://www.epa.gov/dwanalyticalmethods.
USEPA. 1998a. National Primary Drinking Water Regulations:
Consumer Confidence Reports; Proposed Rule. Federal Register. Vol.
63, No. 30, p. 7606, February 13, 1998.
USEPA. 1998b. National Primary Drinking Water Regulation:
Consumer Confidence Reports; Final Rule. Federal Register. Vol. 63,
No. 160, p. 44512, August 19, 1998.
USEPA. 1999. Revisions to the Unregulated Contaminant Monitoring
Regulation for Public Water Systems; Final Rule. Federal Register.
Vol. 64, No. 180, p. 50556, September 17, 1999.
USEPA. 2001a. Statistical Design and Sample Selection for the
Unregulated Contaminant Monitoring Regulation (1999). EPA 815-R-01-
004, August 2001.
USEPA. 2001b. EPA Method 317.0--Determination of Inorganic
Oxyhalide Disinfection By-Products in Drinking Water Using Ion
Chromatography with the Addition of a Postcolumn Reagent for Trace
Bromate Analysis. Revision 2.0. EPA 815-B-01-001. Available on the
Internet at https://www.epa.gov/dwanalyticalmethods.
USEPA. 2002. EPA Method 326.0--Determination of Inorganic
Oxyhalide Disinfection By-Products in Drinking Water Using Ion
Chromatography Incorporating the Addition of a Suppressor Acidified
Postcolumn Reagent for Trace Bromate Analysis. Revision 1.0. EPA
815-R-03-007. Available on the Internet at https://www.epa.gov/dwanalyticalmethods.
USEPA. 2003. EPA Method 552.3--Determination of Haloacetic Acids
and Dalapon in Drinking Water by Liquid-Liquid Microextraction,
Derivatization, and Gas Chromatography with Electron Capture
Detection. Revision 1.0. EPA 815-B-03-002, July 2003. Available on
the Internet at https://www.epa.gov/dwanalyticalmethods.
USEPA. 2005. EPA Method 415.3--Determination of Total Organic
Carbon and Specific UV Absorbance at 254 nm in Source Water and
Drinking Water. Revision 1.1. EPA/600/R-05/055, February 2005.
Available on the Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods.
USEPA. 2007. Unregulated Contaminant Monitoring Regulation
(UCMR) for Public Water Systems Revisions. Federal Register. Vol.
72, No. 2, p. 368, January 4, 2007.
USEPA. 2009a. EPA Method 557--Determination of Haloacetic Acids,
Bromate, and Dalapon in Drinking Water by Ion Chromatography
Electrospray Ionization Tandem Mass Spectrometry (IC-ESI-MS/MS).
Version 1.0. EPA 815-B-09-012, September 2009. Available on the
Internet at https://www.epa.gov/dwanalyticalmethods.
[[Page 92684]]
USEPA. 2009b. EPA Method 415.3--Determination of Total Organic
Carbon and Specific UV Absorbance at 254 nm in Source Water and
Drinking Water. Revision 1.2. EPA/600/R-09/122, September 2009.
Available on the Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods.
USEPA. 2009c. 2006 Community Water Survey. Volume II: Detailed
Tables and Survey Methodology. EPA 815-R-09-002, May 2009. Available
on the Internet at https://www.epa.gov/dwstandardsregulations/community-water-system-survey.
USEPA. 2012a. Revisions to the Unregulated Contaminant
Monitoring Regulation (UCMR 3) for Public Water Systems; Final Rule.
Federal Register. Vol. 77, No. 85, p. 26072, May 2, 2012.
USEPA. 2012b. EPA Method 525.3--Determination of Semivolatile
Organic Chemicals in Drinking Water by Solid Phase Extraction and
Capillary Column Gas Chromatography/Mass Spectrometry (GC/MS).
Version 1.0. EPA/600/R-12/010, February 2012. Available on the
Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods.
USEPA. 2013. Meetings and Materials for the Unregulated
Contaminant Monitoring Program. Available on the Internet at https://www.epa.gov/dwucmr.
USEPA. 2014. Stakeholder Meeting Slides Regarding Revisions to
the Unregulated Contaminant Monitoring Regulation. Available on the
Internet at https://www.epa.gov/dwucmr.
USEPA. 2015a. Revisions to the Unregulated Contaminant
Monitoring Rule (UCMR 4) for Public Water Systems and Announcement
of a Public Meeting; Proposed Rule. Federal Register. Vol 80, No.
238, p. 76897, December 11, 2015.
USEPA. 2015b. EPA Method 544--Determination of Microcystins and
Nodularin in Drinking Water by Solid Phase Extraction and Liquid
Chromatography/Tandem Mass Spectrometry (LC/MS/MS). Version 1.0.
EPA-600-R-14/474, February 2015. Available on the Internet at
https://www.epa.gov/water-research/epa-drinking-water-research-methods.
USEPA. 2015c. EPA Method 545--Determination of
Cylindrospermopsin and Anatoxin-a in Drinking Water by Liquid
Chromatography Electrospray Ionization Tandem Mass Spectrometry (LC/
ESI-MS/MS). EPA 815-R-15-009, April 2015. Available on the Internet
at https://www.epa.gov/dwanalyticalmethods.
USEPA. 2015d. EPA Method 541--Determination of 1-Butanol, 1,4-
Dioxane, 2-Methoxyethanol And 2-Propen-1-ol in Drinking Water by
Solid Phase Extraction and Gas Chromatography/Mass Spectrometry. EPA
815-R-15-011, November 2015. Available on the Internet at https://www.epa.gov/dwanalyticalmethods.
USEPA. 2015e. EPA Method 530--Determination of Select
Semivolatile Organic Chemicals in Drinking Water by Solid Phase
Extraction and Gas Chromatography/Mass Spectrometry (GC/MS). Version
1.0. EPA/600/R-14/442, January 2015. Available on the Internet at
https://www.epa.gov/water-research/epa-drinking-water-research-methods.
USEPA. 2015f. Drinking Water Health Advisory for the
Cyanobacterial Microcystin Toxins. EPA 820-R-15-100, June 2015.
Available on the Internet at https://www.epa.gov/sites/production/files/2015-06/documents/microcystins-report-2015.pdf.
USEPA. 2016a. Information Collection Request for the Unregulated
Contaminant Monitoring Rule (UCMR 4). EPA 815-B-16-019, November
2016.
USEPA. 2016b. Response to Comments Document for the Unregulated
Contaminant Monitoring Rule (UCMR 4). EPA 815-R-16-002, October
2016.
USEPA. 2016c. UCMR 4 Contaminants--Information Compendium for
Final Rule. EPA 815-B-16-020, October 2016.
USEPA. 2016d. UCMR 4 Laboratory Approval Requirements and
Information Document. EPA 815-B-16-026, November 2016.
USEPA. 2016e. EPA Method 546--Determination of Total
Microcystins and Nodularins in Drinking Water and Ambient Water by
Adda Enzyme-Linked Immunosorbent Assay. EPA 815-B-16-011, August
2016. Available on the Internet at https://www.epa.gov/dwanalyticalmethods.
USEPA. 2016f. Meetings and Materials for the Unregulated
Contaminant Monitoring Program. Available on the Internet at https://www.epa.gov/dwucmr/unregulated-contaminant-monitoring-rule-ucmr-meetings-and-materials.
Zeck, A., Weller, M.G., Bursill, D., Niessner, R. 2001. Generic
Microcystin Immunoassay Based on Monoclonal Antibodies Against Adda.
Analyst, 126: 2002-2007. Available for purchase on the Internet at
https://dx.doi.org/10.1039/B105064H.
List of Subjects in 40 CFR Part 141
Environmental protection, Chemicals, Incorporation by reference,
Indian-lands, Intergovernmental relations, Radiation protection,
Reporting and recordkeeping requirements, Water supply.
Dated: December 8, 2016.
Gina McCarthy,
Administrator.
For the reasons set forth in the preamble, EPA amends 40 CFR part
141 as follows:
PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS
0
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.
Subpart D--Reporting and Recordkeeping
0
2. In Sec. 141.35:
0
a. Revise the third sentence in paragraph (b)(1).
0
b. Revise the second and third sentences in paragraph (b)(2).
0
c. Remove ``October 1, 2012,'' and add in its place ``December 31,
2017,'' in paragraph (c)(1).
0
d. Revise the second and third sentences in paragraph (c)(2).
0
e. Revise the last sentence in paragraph (c)(3)(i).
0
f. Revise the fifth sentence in paragraph (c)(3)(ii).
0
g. Remove ``October 1, 2012,'' and add in its place April 19, 2017, in
paragraph (c)(4).
0
h. Revise paragraphs (c)(5)(i), (c)(6) introductory text, (d)(2), and
(e).
The revisions and additions read as follows:
Sec. 141.35 Reporting for unregulated contaminant monitoring
results.
* * * * *
(b) * * *
(1) * * * Information that must be submitted using EPA's electronic
data reporting system must be submitted through: https://www.epa.gov/dwucmr. * * *
(2) * * * If you have received a letter from EPA or your State
concerning your required monitoring and your system does not meet the
applicability criteria for UCMR established in Sec. 141.40(a)(1) or
(2), or if a change occurs at your system that may affect your
requirements under UCMR as defined in Sec. 141.40(a)(3) through (5),
you must mail or email a letter to EPA, as specified in paragraph
(b)(1) of this section. The letter must be from your PWS Official and
must include your PWS Identification (PWSID) Code along with an
explanation as to why the UCMR requirements are not applicable to your
PWS, or have changed for your PWS, along with the appropriate contact
information.* * *
(c) * * *
(2) * * * You must provide your sampling location(s) and inventory
information by December 31, 2017, using EPA's electronic data reporting
system. You must submit, verify or update the following information for
each sampling location, or for each approved representative sampling
location (as specified in paragraph (c)(3) of this section regarding
representative sampling locations): PWSID Code; PWS Name; PWS Facility
Identification Code; PWS Facility Name; PWS Facility Type; Water Source
Type; Sampling Point Identification Code; Sampling Point Name; and
Sampling Point Type Code; (as defined in Table 1 of paragraph (e) of
this section).
(3) * * *
(i) * * * You must submit a copy of the existing alternate EPTDS
sampling
[[Page 92685]]
plan or your representative well proposal, as appropriate, April 19,
2017, as specified in paragraph (b)(1) of this section.
(ii) * * * You must submit the following information for each
proposed representative sampling location: PWSID Code; PWS Name; PWS
Facility Identification Code; PWS Facility Name; PWS Facility Type;
Sampling Point Identification Code; and Sampling Point Name (as defined
in Table 1, paragraph (e) of this section). * * *
* * * * *
(5) * * *
(i) General rescheduling notification requirements. Large systems
may change their monitoring schedules up to December 31, 2017, using
EPA's electronic data reporting system, as specified in paragraph
(b)(1) of this section. After this date has passed, if your PWS cannot
sample according to your assigned sampling schedule (e.g., because of
budget constraints, or if a sampling location will be closed during the
scheduled month of monitoring), you must mail or email a letter to EPA,
as specified in paragraph (b)(1) of this section, prior to the
scheduled sampling date. You must include an explanation of why the
samples cannot be taken according to the assigned schedule, and you
must provide the alternative schedule you are requesting. You must not
reschedule monitoring specifically to avoid sample collection during a
suspected vulnerable period. You are subject to your assigned UCMR
sampling schedule or the schedule that you revised on or before
December 31, 2017, unless and until you receive a letter from EPA
specifying a new schedule.
* * * * *
(6) Reporting monitoring results. For UCMR samples, you must report
all data elements specified in Table 1 of paragraph (e) of this
section, using EPA's electronic data reporting system. You also must
report any changes, relative to what is currently posted, made to data
elements 1 through 9 to EPA in writing, explaining the nature and
purpose of the proposed change, as specified in paragraph (b)(1) of
this section.
* * * * *
(d) * * *
(2) Reporting sampling information. You must provide your sampling
location(s) by December 31, 2017, using EPA's electronic data reporting
system, as specified in paragraph (b)(1) of this section. If this
information changes, you must report updates, including new sources and
sampling locations that are put in use before or during the PWS' UCMR
sampling period, to EPA's electronic data reporting system within 30
days of the change, as specified in paragraph (b)(1) of this section.
You must record all data elements listed in Table 1 of paragraph (e) of
this section on each sample form and sample bottle, as appropriate,
provided to you by the UCMR Sampling Coordinator. You must send this
information as specified in the instructions of your sampling kit,
which will include the due date and return address. You must report any
changes made in data elements 1 through 9 by emailing an explanation of
the nature and purpose of the proposed change to EPA, as specified in
paragraph (b)(1) of this section.
(e) Data elements. Table 1 defines the data elements that must be
provided for UCMR monitoring.
Table 1--Unregulated Contaminant Monitoring Reporting Requirements
------------------------------------------------------------------------
Data element Definition
------------------------------------------------------------------------
1. Public Water System The code used to identify each PWS.
Identification (PWSID) Code. The code begins with the standard 2-
character postal State abbreviation
or Region code; the remaining 7
numbers are unique to each PWS in
the State. The same identification
code must be used to represent the
PWS identification for all current
and future UCMR monitoring.
2. Public Water System Name....... Unique name, assigned once by the
PWS.
3. Public Water System Facility An identification code established
Identification Code. by the State or, at the State's
discretion, by the PWS, following
the format of a 5-digit number
unique within each PWS for each
applicable facility (i.e., for each
source of water, treatment plant,
distribution system, or any other
facility associated with water
treatment or delivery). The same
identification code must be used to
represent the facility for all
current and future UCMR monitoring.
4. Public Water System Facility Unique name, assigned once by the
Name. PWS, for every facility ID (e.g.,
Treatment Plant).
5. Public Water System Facility That code that identifies that type
Type. of facility as either:
CC = consecutive connection.
DS = distribution system.
IN = source water influent.
SS = sampling station.
TP = treatment plant.
OT = other.
6. Water Source Type.............. The type of source water that
supplies a water system facility.
Systems must report one of the
following codes for each sampling
location:
SW = surface water (to be reported
for water facilities that are
served entirely by a surface water
source during the twelve-month
period).
GW = ground water (to be reported
for water facilities that are
served entirely by a ground water
source during the twelve-month
period).
GU = ground water under the direct
influence of surface water (to be
reported for water facilities that
are served all or in part by ground
water under the direct influence of
surface water at any time during
the twelve-month sampling period),
and are not served at all by
surface water during this period.
MX = mixed water (to be reported for
water facilities that are served by
a mix of surface water, ground
water and/or ground water under the
direct influence of surface water
during the twelve-month period).
7. Sampling Point Identification An identification code established
Code. by the State, or at the State's
discretion, by the PWS, that
uniquely identifies each sampling
point. Each sampling code must be
unique within each applicable
facility, for each applicable
sampling location (i.e., entry
point to the distribution system,
source water influent or
distribution system sample at
maximum residence time). The same
identification code must be used to
represent the sampling location for
all current and future UCMR
monitoring.
8. Sampling Point Name............ Unique sample point name, assigned
once by the PWS, for every sample
point ID (e.g., Entry Point).
[[Page 92686]]
9. Sampling Point Type Code....... A code that identifies the location
of the sampling point as either:
SR = source water taken from plant
influent; untreated water entering
the water treatment plant (i.e., a
location prior to any treatment).
EP = entry point to the distribution
system.
DS = distribution system sample.
10. Disinfectant Type............. All of the disinfectants/oxidants
that have been added prior to the
entry point to the distribution
system. Please select all that
apply:
PEMB = Permanganate.
HPXB = Hydrogen peroxide.
CLGA = Gaseous chlorine.
CLOF = Offsite Generated
Hypochlorite (stored as a liquid
form).
CLON = Onsite Generated
Hypochlorite.
CAGC = Chloramine (formed with
gaseous chlorine).
CAOF = Chloramine (formed with
offsite hypochlorite).
CAON = Chloramine (formed with
onsite hypochlorite).
CLDB = Chlorine dioxide.
OZON = Ozone.
ULVL = Ultraviolet light.
OTHD = All other types of
disinfectant/oxidant.
NODU = No disinfectant/oxidant used.
11. Treatment Information......... Treatment information associated
with the sample point. Please
select all that apply:
CON = Conventional (non-softening,
consisting of at least coagulation/
sedimentation basins and
filtration).
SFN = Softening.
RBF = River bank filtration.
PSD = Pre-sedimentation.
INF = In-line filtration.
DFL = Direct filtration.
SSF = Slow sand filtration.
BIO = Biological filtration
(operated with an intention of
maintaining biological activity
within filter).
UTR = Unfiltered treatment for
surface water source.
GWD = Groundwater system with
disinfection only.
PAC = Application of powder
activated carbon.
GAC = Granular activated carbon
adsorption (not part of filters in
CON, SCO, INF, DFL, or SSF).
AIR = Air stripping (packed towers,
diffused gas contactors).
POB = Pre-oxidation with chlorine
(applied before coagulation for CON
or SFN plants or before filtration
for other filtration plants).
MFL = Membrane filtration.
IEX = Ionic exchange.
DAF = Dissolved air floatation.
CWL = Clear well/finished water
storage without aeration.
CWA = Clear well/finished water
storage with aeration.
ADS = Aeration in distribution
system (localized treatment).
OTH = All other types of treatment.
NTU = No treatment used.
DKN = Do not know.
12. Disinfectant Residual Type.... Disinfectant residual type in the
distribution system for each HAA
sample.
CL2 = Chlorine (i.e., originating
from addition of free chlorine
only).
CLO2 = chlorine dioxide.
CLM = Chloramines (originating from
with addition of chlorine and
ammonia or pre-formed chloramines).
CAC = Chlorine and chloramines (if
being mixed from chlorinated and
chloroaminated water).
NOD = No disinfectant residual.
13. Sample Collection Date........ The date the sample is collected,
reported as 4-digit year, 2-digit
month, and 2-digit day (YYYY/MM/
DD).
14. Sample Identification Code.... An alphanumeric value up to 30
characters assigned by the
laboratory to uniquely identify
containers, or groups of
containers, containing water
samples collected at the same
sampling location for the same
sampling date.
15. Contaminant................... The unregulated contaminant for
which the sample is being analyzed.
16. Analytical Method Code........ The identification code of the
analytical method used.
17. Extraction Batch Laboratory assigned extraction batch
Identification Code. ID. Must be unique for each
extraction batch within the
laboratory for each method. For CCC
samples report the Analysis Batch
Identification Code as the value
for this field. For methods without
an extraction batch, leave this
field null.
18. Extraction Date............... Date for the start of the extraction
batch (YYYY/MM/DD). For methods
without an extraction batch, leave
this field null.
19. Analysis Batch Identification Laboratory assigned analysis batch
Code. ID. Must be unique for each
analysis batch within the
laboratory for each method.
20. Analysis Date................. Date for the start of the analysis
batch (YYYY/MM/DD).
21. Sample Analysis Type.......... The type of sample collected and/or
prepared, as well as the
fortification level. Permitted
values include:
CF = concentration fortified; the
concentration of a known
contaminant added to a field sample
reported with sample analysis types
LFSM, LFSMD, LFB, CCC and QCS.
CCC = continuing calibration check;
a calibration standard containing
the contaminant, the internal
standard, and surrogate analyzed to
verify the existing calibration for
those contaminants.
FS = field sample; sample collected
and submitted for analysis under
this rule.
IS = internal standard; a standard
that measures the relative response
of contaminants.
[[Page 92687]]
LFB = laboratory fortified blank; an
aliquot of reagent water fortified
with known quantities of the
contaminants and all preservation
compounds.
LRB = laboratory reagent blank; an
aliquot of reagent water treated
exactly as a field sample,
including the addition of
preservatives, internal standards,
and surrogates to determine if
interferences are present in the
laboratory, reagents, or other
equipment.
LFSM = laboratory fortified sample
matrix; a UCMR field sample with a
known amount of the contaminant of
interest and all preservation
compounds added.
LFSMD = laboratory fortified sample
matrix duplicate; duplicate of the
laboratory fortified sample matrix.
QCS = quality control sample; a
sample prepared with a source
external to the one used for
initial calibration and CCC. The
QCS is used to check calibration
standard integrity.
QHS = quality HAA sample; HAA sample
collected and submitted for quality
control purposes.
SUR = surrogate standard; a standard
that assesses method performance
for each extraction.
22. Analytical Results--Sign...... A value indicating whether the
sample analysis result was:
(<) ``less than'' means the
contaminant was not detected, or
was detected at a level below the
Minimum Reporting Level.
(=) ``equal to'' means the
contaminant was detected at the
level reported in ``Analytical
Result-- Measured Value.''
23. Analytical Result--Measured The actual numeric value of the
Value. analytical results for: Field
samples; laboratory fortified
matrix samples; laboratory
fortified sample matrix duplicates;
and concentration fortified.
24. Additional Value.............. Represents the true value or the
fortified concentration for spiked
samples for QC Sample Analysis
Types (CCC, EQC, LFB, LFSM and
LFSMD). For Sample Analysis Type FS
and LRB and for IS and surrogate QC
Contaminants, leave this field
null.
25. Laboratory Identification Code The code, assigned by EPA, used to
identify each laboratory. The code
begins with the standard two-
character State postal
abbreviation; the remaining five
numbers are unique to each
laboratory in the State.
26. Sample Event Code............. A code assigned by the PWS for each
sample event. This will associate
samples with the PWS monitoring
plan to allow EPA to track
compliance and completeness.
Systems must assign the following
codes:
SEC1, SEC2, SEC3, SEC4, SEC5, SEC6,
SEC7 and SEC8--represent samples
collected to meet UCMR Assessment
Monitoring requirements for
cyanotoxins; where ``SEC1''
represents the first sampling
period, ``SEC2'' the second period
and so forth, for all eight
sampling events.
SEA1, SEA2, SEA3 and SEA4--represent
samples collected to meet UCMR
Assessment Monitoring requirements
for the additional contaminants;
where ``SEA1'' and ``SEA2''
represent the first and second
sampling period for all water
types; and ``SEA3'' and ``SEA4''
represent the third and fourth
sampling period for SW and GU
sources only.
27. Bloom Occurrence.............. A yes or no answer provided by the
PWS for each cyanotoxin sample
event.
Question: Preceding the finished
water sample collection, did you
observe an algal bloom in your
source waters near the intake?
YES = if yes, select all the YESs
that apply:
YD = yes, on the day the UCMR
cyanotoxin sample was collected.
YW = yes, between the day the
sample was taken and the past week.
YM = yes, between the past week and
past month.
YY = yes, between the past month
and past year.
YP = yes, prior to the past year.
NO = have never seen a bloom.
28. Cyanotoxin Occurrence......... A yes or no answer provided by the
PWS for each cyanotoxin sample
event.
Question: Preceding the finished
water sample collection, were
cyanotoxins ever detected in your
source waters near the intake and
prior to any treatment (based on
sampling by you or another party)?
YES = if yes, select all the YESs
that apply:
YD = yes, on the day the UCMR
cyanotoxin sample was collected.
YW = yes, between the day the
sample was taken and the past week.
YM = yes, between the past week and
past month.
YY = yes, between the past month
and past year.
YP = yes, prior to the past year.
NO = have never detected cyanotoxins
in source water.
NS = unaware of any source water
cyanotoxin sampling.
Select all that apply (i.e., all
that were detected) if you answered
YES to detecting cyanotoxins in
source water:
MIC = Microcystins.
CYL = Cylindrospermopsin.
ANA = Anatoxin-A.
SAX = Saxitoxins.
OTH = Other.
DK = do not know.
29. Indicator of Possible Bloom-- A yes or no answer provided by the
Treatment. PWS for each cyanotoxin sample
event.
Question: Preceding the finished
water sample collection, did you
notice any changes in your
treatment system operation and/or
treated water quality that may
indicate a bloom in the source
water?
YES = if yes, select all that apply:
DFR = Decrease in filter runtimes.
ITF = Increase in turbidity in
filtered water.
ICD = Need for increased coagulant
dose.
TOI = Increase in taste and odor
issues in finished water.
IOD = Need for increase in oxidant/
disinfectant dose.
IDB = Increase in TTHM/HAA5 in
finished water.
[[Page 92688]]
OTH = Describe other changes.
NO = no changes.
30. Indicator of Possible Bloom-- A yes or no answer provided by the
Source Water Quality Parameters. PWS for each cyanotoxin sample
event.
Question: Preceding the finished
water sample collection, did you
observe any notable changes in
source water quality parameters (if
measured)?
YES = if yes, select all that apply
to the source water:
ITP = Increase in water
temperature.
ITU = Increase in turbidity.
IAL = Increase in alkalinity.
ITO = Increase in total organic
carbon.
ICD = Increase in chlorine demand.
IPH = Increase in pH.
ICA = Increase in chlorophyll a.
IPY = Increase in phycocyanin.
INU = Increase in nutrients
(example: nitrogen or phosphorus).
OTH = Describe other changes.
NO = no changes observed.
------------------------------------------------------------------------
Subpart E--Special Regulations, Including Monitoring Regulations
and Prohibition on Lead Use
0
3. In Sec. 141.40:
0
a. Remove ``December 31, 2010'' and add in its place ``December 31,
2015'' in paragraph (a) introductory text.
0
b. Revise paragraphs (a)(1), (a)(2)(i)(A), (a)(2)(ii)(A) and (C),
(a)(3), and (a)(4)(i)(B) and (C).
0
c. Remove ``October 1, 2012.'' and add in its place ``December 31,
2017.'' in paragraph (a)(4)(i).
0
d. Revise paragraph (a)(4)(ii) introductory text.
0
e. Remove and reserve paragraph (a)(4)(ii)(F).
0
f. Add paragraph (a)(4)(iii).
0
g. Remove ``August 1, 2012.'' and add in its place ``February 21, 2017,
and necessary application material April 19, 2017.'' in paragraph
(a)(5)(ii).
0
h. Revise paragraph (a)(5)(v), the second sentence in paragraph
(a)(5)(vi), and paragraph (c).
The revisions and addition read as follows:
Sec. 141.40 Monitoring requirements for unregulated contaminants.
(a) * * *
(1) Applicability to transient non-community systems. If you own or
operate a transient non-community water system, you are not subject to
monitoring requirements in this section.
(2) * * *
(i) * * *
(A) Assessment monitoring. You must monitor for the contaminants on
List 1, per Table 1, UCMR Contaminant List, in paragraph (a)(3) of this
section. If you serve a retail population of more than 10,000 people,
you are required to perform this monitoring regardless of whether you
have been notified by the State or EPA.
* * * * *
(ii) * * *
(A) Assessment monitoring. You must monitor for the contaminants on
List 1 per Table 1, 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 Assessment Monitoring.
* * * * *
(C) Pre-screen testing. You must monitor for the contaminants on
List 3 of Table 1, 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 Pre-Screen Testing.
(3) Analytes to be monitored. Lists 1, 2, and 3 contaminants are
provided in the following table:
Table 1--UCMR Contaminant List
--------------------------------------------------------------------------------------------------------------------------------------------------------
4--Minimum
1--Contaminant 2--CAS Registry No. 3--Analytical reporting level b 5--Sampling 6--Period during which
methods a location c monitoring to be completed
--------------------------------------------------------------------------------------------------------------------------------------------------------
List 1: Assessment Monitoring Cyanotoxin Chemical Contaminants
--------------------------------------------------------------------------------------------------------------------------------------------------------
``total microcystin''............ N/A................. EPA 546............ 0.3 [mu]g/L........ EPTDS.............. 3/1/2018-11/30/2020.
anatoxin-a....................... 64285-06-9.......... EPA 545............ 0.03 [mu]g/L....... EPTDS.............. 3/1/2018-11/30/2020.
cylindrospermopsin............... 143545-90-8......... EPA 545............ 0.09 [mu]g/L....... EPTDS.............. 3/1/2018-11/30/2020.
microcystin-LA................... 96180-79-9.......... EPA 544............ 0.008 [mu]g/L...... EPTDS.............. 3/1/2018-11/30/2020.
microcystin-LF................... 154037-70-4......... EPA 544............ 0.006 [mu]g/L...... EPTDS.............. 3/1/2018-11/30/2020.
microcystin-LR................... 101043-37-2......... EPA 544............ 0.02 [mu]g/L....... EPTDS.............. 3/1/2018-11/30/2020.
microcystin-LY................... 123304-10-9......... EPA 544............ 0.009 [mu]g/L...... EPTDS.............. 3/1/2018-11/30/2020.
microcystin-RR................... 111755-37-4......... EPA 544............ 0.006 [mu]g/L...... EPTDS.............. 3/1/2018-11/30/2020.
microcystin-YR................... 101064-48-6......... EPA 544............ 0.02 [mu]g/L....... EPTDS.............. 3/1/2018-11/30/2020.
nodularin........................ 118399-22-7......... EPA 544............ 0.005 [mu]g/L...... EPTDS.............. 3/1/2018-11/30/2020.
--------------------------------------------------------------------------------------------------------------------------------------------------------
List 1: Assessment Monitoring Additional Chemical Contaminants
--------------------------------------------------------------------------------------------------------------------------------------------------------
Metals
--------------------------------------------------------------------------------------------------------------------------------------------------------
germanium........................ 7440-56-4........... EPA 200.8, ASTM 0.3 [mu]g/L........ EPTDS.............. 1/1/2018-12/31/2020.
D5673-10, SM 3125.
[[Page 92689]]
manganese........................ 7439-96-5........... EPA 200.8, ASTM 0.4 [mu]g/L........ EPTDS.............. 1/1/2018-12/31/2020.
D5673-10, SM 3125.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pesticides and a Pesticide Manufacturing Byproduct
--------------------------------------------------------------------------------------------------------------------------------------------------------
alpha-hexachlorocyclohexane...... 319-84-6............ EPA 525.3.......... 0.01 [mu]g/L....... EPTDS.............. 1/1/2018-12/31/2020.
chlorpyrifos..................... 2921-88-2........... EPA 525.3.......... 0.03 [mu]g/L....... EPTDS.............. 1/1/2018-12/31/2020.
dimethipin....................... 55290-64-7.......... EPA 525.3.......... 0.2 [mu]g/L........ EPTDS.............. 1/1/2018-12/31/2020.
ethoprop......................... 13194-48-4.......... EPA 525.3.......... 0.03 [mu]g/L....... EPTDS.............. 1/1/2018-12/31/2020.
oxyfluorfen...................... 42874-03-3.......... EPA 525.3.......... 0.05 [mu]g/L....... EPTDS.............. 1/1/2018-12/31/2020.
profenofos....................... 41198-08-7.......... EPA 525.3.......... 0.3 [mu]g/L........ EPTDS.............. 1/1/2018-12/31/2020.
tebuconazole..................... 107534-96-3......... EPA 525.3.......... 0.2 [mu]g/L........ EPTDS.............. 1/1/2018-12/31/2020.
total permethrin (cis- & trans-). 52645-53-1.......... EPA 525.3.......... 0.04 [mu]g/L....... EPTDS.............. 1/1/2018-12/31/2020.
tribufos......................... 78-48-8............. EPA 525.3.......... 0.07 [mu]g/L....... EPTDS.............. 1/1/2018-12/31/2020.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brominated Haloacetic Acid (HAA) Groups d e
--------------------------------------------------------------------------------------------------------------------------------------------------------
HAA5............................. N/A................. EPA 552.3 or EPA N/A................ D/DBPR HAA location 1/1/2018-12/31/2020.
557.
HAA6Br........................... N/A................. EPA 552.3 or EPA N/A................ D/DBPR HAA location 1/1/2018-12/31/2020.
557.
HAA9............................. N/A................. EPA 552.3 or EPA N/A................ D/DBPR HAA location 1/1/2018-12/31/2020.
557.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alcohols
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-butanol........................ 71-36-3............. EPA 541............ 2.0 [mu]g/L........ EPTDS.............. 1/1/2018-12/31/2020.
2-methoxyethanol................. 109-86-4............ EPA 541............ 0.4 [mu]g/L........ EPTDS.............. 1/1/2018-12/31/2020.
2-propen-1-ol.................... 107-18-6............ EPA 541............ 0.5 [mu]g/L........ EPTDS.............. 1/1/2018-12/31/2020.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other Semivolatile Chemicals
--------------------------------------------------------------------------------------------------------------------------------------------------------
butylated hydroxanisole.......... 25013-16-5.......... EPA 530............ 0.03 [mu]g/L....... EPTDS.............. 1/1/2018-12/31/2020.
o-toluidine...................... 95-53-4............. EPA 530............ 0.007 [mu]g/L...... EPTDS.............. 1/1/2018-12/31/2020.
quinoline........................ 91-22-5............. EPA 530............ 0.02 [mu]g/L....... EPTDS.............. 1/1/2018-12/31/2020.
--------------------------------------------------------------------------------------------------------------------------------------------------------
List 2: Screening Survey
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reserved......................... Reserved............ Reserved........... Reserved........... Reserved........... Reserved.
--------------------------------------------------------------------------------------------------------------------------------------------------------
List 3: Pre-Screen Testing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reserved......................... Reserved............ Reserved........... Reserved........... Reserved........... Reserved.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column headings are:
1--Contaminant: The name of the contaminant to be analyzed.
2--CAS (Chemical Abstract Service) Registry Number 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 (MRL): The value and unit of measure at or above which the concentration of the contaminant must be measured using the
approved analytical methods. If EPA determines, after the first six months of monitoring that the specified MRLs result in excessive resampling, EPA
will establish alternate MRLs and will notify affected PWSs and laboratories of the new MRLs. N/A is defined as non-applicable.
5--Sampling Location: The locations within a PWS at which samples must be collected.
6--Period During Which Monitoring to be Completed: The time period during which the sampling and testing will occur for the indicated contaminant.
a The analytical procedures shall be performed in accordance with the documents associated with each method, see paragraph (c) of this section.
b The MRL is the minimum concentration of each analyte that must be reported to EPA.
c With the exception of HAA monitoring, sampling must occur at entry points to the distribution system (EPTDSs), after treatment is applied, that
represent each non-emergency water source in routine use over the 12-month period of monitoring. Systems that purchase water with multiple connections
from the same wholesaler may select one representative connection from that wholesaler. This EPTDS sampling location must be representative of the
highest annual volume connections. If the connection selected as the representative EPTDS is not available for sampling, an alternate highest volume
representative connection must be sampled. See 40 CFR 141.35(c)(3) for an explanation of the requirements related to the use of representative GW
EPTDSs. Sampling for UCMR 4 HAA groups must be conducted at the Disinfectants and Disinfection Byproduct Rule (D/DBPR) sampling locations (40 CFR
141.622).
d UCMR 4 HAA monitoring applies only to those PWSs that are subject to D/DBPR HAA5 monitoring requirements.
[[Page 92690]]
e PWSs that purchase 100 percent of their water (``consecutive systems'') are not required to collect UCMR 4 source water samples for TOC or bromide
analyses. Sampling for TOC and bromide must otherwise occur at source water influent locations representing untreated water entering the water
treatment plant (i.e., a location prior to any treatment). SW and GWUDI systems subject to the D/DBPR TOC monitoring must use their D/DBPR TOC source
water sampling site(s) from 40 CFR 141.132 for UCMR 4 TOC and bromide samples. SW and GWUDI systems that are not subject to D/DBPR TOC monitoring will
use their Long Term 2 Enhance Surface Water Treatment Rule (LT2) source water sampling site(s) (40 CFR 141.703) for UCMR 4 TOC and bromide samples.
Ground water systems that are subject to the D/DBPRs, and therefore subject to UCMR 4 HAA monitoring, will take TOC and bromide samples at their
influents entering their treatment train. TOC and bromide must be collected at the same time as HAA samples. These indicator samples must be collected
at a single source water influent using methods already approved for compliance monitoring. TOC methods include: SM 5310 B, SM 5310 C, SM 5310 D (21st
edition), or SM 5310 B-00, SM 5310 C-00, SM 5310 D-00 (SM Online), EPA Method 415.3 (Rev. 1.1 or 1.2). Bromide methods include: EPA Methods 300.0
(Rev. 2.1), 300.1 (Rev. 1.0), 317.0 (Rev. 2.0), 326.0 (Rev. 1.0) or ASTM D 6581-12. The MRLs for the individual HAAs are discussed in paragraph
(a)(5)(v) of this section.
(4) * * *
(i) * * *
(B) Frequency. You must collect the samples within the timeframe
and according to the frequency specified by contaminant type and water
source type for each sampling location, as specified in Table 2, in
this paragraph. For the second or subsequent round of sampling, if a
sample location is non-operational for more than one month before and
one month after the scheduled sampling month (i.e., it is not possible
for you to sample within the window specified in Table 2, in this
paragraph), you must notify EPA as specified in Sec. 141.35(c)(5) to
reschedule your sampling.
Table 2--Monitoring Frequency by Contaminant and Water Source Types
----------------------------------------------------------------------------------------------------------------
Contaminant type Water source type Timeframe Frequency \1\
----------------------------------------------------------------------------------------------------------------
List 1 Cyanotoxins Chemicals....... Surface water or March-November........ You must monitor twice a
Ground water under month for four consecutive
the direct influence months (total of eight
of surface water sampling events). Sample
(GWUDI). events must occur two
weeks apart.
List 1 Contaminants--Additional Surface water or GWUDI 12 months............. You must monitor for four
Chemicals. consecutive quarters.
Sample events must occur
three months apart.
(Example: If first
monitoring is in January,
the second monitoring must
occur any time in April,
the third any time in July
and the fourth any time in
October).
Ground water.......... 12 months............. You must monitor twice in a
consecutive 12-month
period. Sample events must
occur 5-7 months apart.
(Example: If the first
monitoring event is in
April, the second
monitoring event must
occur any time in
September, October or
November).
----------------------------------------------------------------------------------------------------------------
\1\ Systems must assign a sample event code for each contaminant listed in Table 1. Sample event codes must be
assigned by the PWS for each sample event. For more information on sample event codes see Sec. 141.35(e)
Table 1.
(C) Location. You must collect samples for each List 1 Assessment
Monitoring contaminant, and, if applicable, for each List 2 Screening
Survey, or List 3 Pre-Screen Testing contaminant, as specified in Table
1, in paragraph (a)(3) of this section. Samples must be collected at
each sample point that is specified in column 5 and footnote c of Table
1, in paragraph (a)(3) of this section. PWSs conducting List 1
monitoring for the brominated HAA groups must collect TOC and bromide
samples as specified in footnote d of Table 1, in paragraph (a)(3) of
this section. If you are a GW system with multiple EPTDSs, and you
request and receive approval from EPA or the State for sampling at
representative EPTDS(s), as specified in Sec. 141.35(c)(3), you must
collect your samples from the approved representative sampling
location(s).
* * * * *
(ii) Small systems. If you serve 10,000 or fewer people and are
notified that you are part of the State Monitoring Plan for Assessment
Monitoring, Screening Survey or Pre-Screen monitoring, you must comply
with the requirements specified in paragraphs (a)(4)(ii)(A) through (H)
of this section. If EPA or the State informs you that they will be
collecting your UCMR samples, you must assist them in identifying the
appropriate sampling locations and in collecting the samples.
* * * * *
(iii) Phased sample analysis for microcystins. You must collect the
three required samples (one each for EPA Methods 544, 545 and 546
(ELISA) at the EPTDS) for each sampling event, but not all samples may
need to be analyzed. If the Method 546 ELISA result is less than 0.3
[mu]g/L, report that result and do not analyze the EPA Method 544
sample for that sample event. If the Method 546 ELISA result is greater
than or equal to 0.3 [mu]g/L, report the value and analyze the other
microcystin sample using EPA Method 544. You must analyze the EPA
Method 545 sample for each sample event for Cylindrospermopsin and
anatoxin-a only.
* * * * *
(5) * * *
(v) Method defined quality control. You must ensure that your
laboratory analyzes Laboratory Fortified Blanks and conducts Laboratory
Performance Checks, as appropriate to the method's requirements, for
those methods listed in Table 1, column 3, in paragraph (a)(3) of this
section. Each method specifies acceptance criteria for these QC checks.
The following HAA results must be reported using EPA's electronic data
reporting system for quality control purposes.
Table 4--HAA QC Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
4--Minimum
1--Contaminant 2--CAS 3--Analytical methods a reporting level b 5--HAA6Br Group 6--HAA9 Group 7--HAA5 Group
Registry No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brominated Haloacetic Acid (HAA) Groups
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bromochloroacetic acid (BCAA) 5589-96-8 EPA 552.3 or EPA 557.............. 0.3 [mu]g/L......
Bromodichloroacetic acid 71133-14-7 EPA 552.3 or EPA 557.............. 0.5 [mu]g/L......
(BDCAA).
[[Page 92691]]
Chlorodibromoacetic acid 5278-95-5 EPA 552.3 or EPA 557.............. 0.3 [mu]g/L...... HAA6Br
(CDBAA).
Tribromoacetic acid (TBAA)... 75-96-7 EPA 552.3 or EPA 557.............. 2.0 [mu]g/L......
Monobromoacetic acid (MBAA).. 79-08-3 EPA 552.3 or EPA 557.............. 0.3 [mu]g/L......
----------------
Dibromoacetic acid (DBAA).... 631-64-1 EPA 552.3 or EPA 557.............. 0.3 [mu]g/L...... ................ HAA9
------------------
Dichloroacetic acid (DCAA)... 79-43-6 EPA 552.3 or EPA 557.............. 0.2 [mu]g/L......
Monochloroacetic acid (MCAA). 79-11-8 EPA 552.3 or EPA 557.............. 2.0 [mu]g/L...... ................ ............... HAA5
Trichloroacetic acid (TCAA).. 76-03-9 EPA 552.3 or EPA 557.............. 0.5 [mu]g/L......
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column headings are:
1--Contaminant: The name of the contaminant to be analyzed.
2--CAS (Chemical Abstract Service) Registry Number 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 (MRL): The value and unit of measure at or above which the concentration of the contaminant must be measured using the
approved analytical methods. If EPA determines, after the first six months of monitoring that the specified MRLs result in excessive resampling, EPA
will establish alternate MRLs and will notify affected PWSs and laboratories of the new MRLs.
5-7--HAA groups identified in paragraph (a)(3) of this section to be monitored as UCMR contaminants.
a The analytical procedures shall be performed in accordance with the documents associated with each method, see paragraph (c) of this section, and must
meet all quality control requirements outlined paragraph (a)(5) of this section.
b The MRL is the minimum concentration of each analyte that must be reported to EPA.
(vi) * * * You must require your laboratory to submit these data
electronically to the State and EPA using EPA's electronic data
reporting system, accessible at https://www.epa.gov/dwucmr, within 120
days from the sample collection date. * * *
* * * * *
(c) Incorporation by reference. These standards are incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection either electronically at https://www.regulations.gov, in hard copy at the Water Docket, EPA/DC, and from
the sources as follows. The Public Reading Room (EPA West, Room 3334,
1301 Constitution Ave. NW., Washington, DC) is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for this Public Reading Room is (202) 566-1744, and
the telephone number for the Water Docket is (202) 566-2426. The
material is also available for inspection 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 https://www.archives.gov/federal-register/cfr/about.html.
(1) U.S. Environmental Protection Agency, Water Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004.
(i) Method 200.8 ``Determination of Trace Elements in Waters and
Wastes by Inductively Coupled Plasma--Mass Spectrometry,'' Revision
5.4, EMMC Version, 1994. Available on the Internet at https://www.nemi.gov.
(ii) Method 300.0 ``Determination of Inorganic Anions by Ion
Chromatography Samples,'' Revision 2.1, August 1993. Available on the
Internet at https://www.nemi.gov.
(iii) Method 300.1 ``Determination of Inorganic Anions in Drinking
Water by Ion Chromatography,'' Revision 1.0, 1997. Available on the
Internet at https://www.epa.gov/dwanalyticalmethods.
(iv) Method 317.0 ``Determination of Inorganic Oxyhalide
Disinfection By-Products in Drinking Water Using Ion Chromatography
with the Addition of a Postcolumn Reagent for Trace Bromate Analysis,''
Revision 2.0, July 2001, EPA 815-B-01-001. Available on the Internet at
https://www.epa.gov/dwanalyticalmethods.
(v) Method 326.0 ``Determination of Inorganic Oxyhalide
Disinfection By-Products in Drinking Water Using Ion Chromatography
Incorporating the Addition of a Suppressor Acidified Postcolumn Reagent
for Trace Bromate Analysis,'' Revision 1.0, June 2002, EPA 815-R-03-
007. Available on the Internet at https://www.epa.gov/dwanalyticalmethods.
(vi) Method 415.3 ``Determination of Total Organic Carbon and
Specific UV Absorbance at 254 nm in Source Water and Drinking Water,''
Revision 1.1, February 2005, EPA/600/R-05/055. Available on the
Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods.
(vii) Method 415.3 ``Determination of Total Organic Carbon and
Specific UV Absorbance at 254 nm in Source Water and Drinking Water,''
Revision 1.2, September 2009, EPA/600/R-09/122. Available on the
Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods.
(viii) Method 525.3 ``Determination of Semivolatile Organic
Chemicals in Drinking Water by Solid Phase Extraction and Capillary
Column Gas Chromatography/Mass Spectrometry (GC/MS),'' Version 1.0,
February 2012, EPA/600/R-12/010. Available on the Internet https://www.epa.gov/water-research/epa-drinking-water-research-methods.
(ix) Method 530 ``Determination of Select Semivolatile Organic
Chemicals in Drinking Water by Solid Phase Extraction and Gas
Chromatography/Mass Spectrometry (GC/MS),'' Version 1.0, January 2015,
EPA/600/R-14/442. Available on the Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods.
(x) EPA Method 541: ``Determination of 1-Butanol, 1,4-Dioxane, 2-
Methoxyethanol and 2-Propen-1-ol in Drinking Water by Solid Phase
Extraction and Gas Chromatography/Mass Spectrometry,'' November 2015,
EPA 815-R-15-011. Available on the Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods.
(xi) Method 544 ``Determination of Microcystins and Nodularin in
Drinking Water by Solid Phase Extraction and Liquid Chromatography/
Tandem Mass Spectrometry (LC/MS/MS),'' Version 1.0, February 2015, EPA
600-R-14/474. Available on the Internet at https://www.epa.gov/water-research/epa-drinking-water-research-methods.
(xii) EPA Method 545: ``Determination of Cylindrospermopsin and
Anatoxin-a in Drinking Water by Liquid Chromatography Electrospray
Ionization Tandem Mass Spectrometry (LC/ESI-
[[Page 92692]]
MS/MS),'' April 2015, EPA 815-R-15-009. Available on the Internet at
https://www.epa.gov/dwanalyticalmethods.
(xiii) EPA Method 546: ``Determination of Total Microcystins and
Nodularins in Drinking Water and Ambient Water by Adda Enzyme-Linked
Immunosorbent Assay,'' August 2016, EPA-815-B-16-011. Available on the
Internet at https://www.epa.gov/dwanalyticalmethods.
(xiv) Method 552.3 ``Determination of Haloacetic Acids and Dalapon
in Drinking Water by Liquid-Liquid Microextraction, Derivatization, and
Gas Chromatography with Electron Capture Detection,'' Revision 1.0,
July 2003, EPA 815-B-03-002. Available on the Internet at https://www.epa.gov/dwanalyticalmethods.
(xv) EPA Method 557: ``Determination of Haloacetic Acids, Bromate,
and Dalapon in Drinking Water by Ion Chromatography Electrospray
Ionization Tandem Mass Spectrometry (IC-ESI-MS/MS),'' Version 1.0,
September 2009, EPA 815-B-09-012. Available on the Internet at https://www.epa.gov/dwanalyticalmethods.
(2) American Public Health Association--Standard Test Method for
Elements in Water by Inductively Coupled Plasma-Mass Spectrometry,''
approved August 1, 2010. Available for purchase on the Internet at
https://www.astm.org/Standards/D5673.htm.
(i) ``Standard Methods for the Examination of Water & Wastewater,''
21st edition (2005).
(A) SM 3125 ``Metals by Inductively Coupled Plasma/Mass
Spectrometry.''
(B) SM 5310B ``Total Organic Carbon (TOC): High-Temperature
Combustion Method.''
(C) SM 5310C ``Total Organic Carbon (TOC): Persulfate-UV or Heated-
Persulfate Oxidation Method.''
(D) SM 5310D ``Total Organic Carbon (TOC): Wet-Oxidation Method.''
(ii) The following methods are from ``Standard Methods Online.,''
approved 2000 (unless noted). Available for purchase on the Internet at
https://www.standardmethods.org.
(A) SM 3125 ``Metals by Inductively Coupled Plasma/Mass
Spectrometry'' Editorial revisions, 2011 (SM 3125-09).
(B) SM 5310B ``Total Organic Carbon: High-Temperature Combustion
Method,'' (5310B-00).
(C) SM 5310C ``Total Organic Carbon: Persulfate-UV or Heated-
Persulfate Oxidation Method,'' (5310C-00).
(D) SM 5310D ``Total Organic Carbon: Wet-Oxidation Method,''
(5310D-00).
(3) ASTM International, 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959.
(i) ASTM D5673-10 ``Standard Test Method for Elements in Water by
Inductively Coupled Plasma-Mass Spectrometry,'' approved August 1,
2010. Available for purchase on the Internet at https://www.astm.org/Standards/D5673.htm.
(ii) ASTM D6581-12 ``Standard Test Methods for Bromate, Bromide,
Chlorate, and Chlorite in Drinking Water by Suppressed Ion
Chromatography,'' approved March 1, 2012. Available for purchase on the
Internet at https://www.astm.org/Standards/D6581.htm.
[FR Doc. 2016-30469 Filed 12-19-16; 8:45 am]
BILLING CODE 6560-50-P