National Primary Drinking Water Regulations; Announcement of the Results of EPA's Review of Existing Drinking Water Standards and Request for Public Comment and/or Information on Related Issues, 3518-3552 [2016-31262]
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Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Proposed Rules
[EPA–HQ–OW–2016–0627; FRL–9957–49–
OW]
40 CFR Part 141
RIN 2040–ZA26
National Primary Drinking Water
Regulations; Announcement of the
Results of EPA’s Review of Existing
Drinking Water Standards and Request
for Public Comment and/or Information
on Related Issues
Environmental Protection
Agency (EPA).
ACTION: Request for public comments.
AGENCY:
The Safe Drinking Water Act
(SDWA) requires the U.S.
Environmental Protection Agency (EPA)
to conduct a review every six years of
existing national primary drinking water
regulations (NPDWRs) and determine
which, if any, need to be revised. The
purpose of the review, called the SixYear Review, is to evaluate current
information for regulated contaminants
to determine if there is new information
on health effects, treatment
technologies, analytical methods,
occurrence and exposure,
implementation and/or other factors
that provides a health or technical basis
to support a regulatory revision that will
improve or strengthen public health
protection. EPA has completed a
detailed review of 76 NPDWRs and at
this time has determined that eight
NPDWRs are candidates for regulatory
revision. The eight NPDWRs are
included in the Stage 1 and the Stage 2
Disinfectants and Disinfection
Byproducts Rules, the Surface Water
Treatment Rule, the Interim Enhanced
Surface Water Treatment Rule and the
Long Term 1 Enhanced Surface Water
Treatment Rule. EPA requests
comments on the eight NPDWRs
identified as candidates for revision and
will consider comments and data as it
proceeds with determining whether
further action is needed. In addition, as
part of this Six-Year Review, EPA
identified 12 other NPDWRs that were
or continue to be addressed in recently
completed, ongoing or pending
regulatory actions. EPA thus excluded
those 12 NPDWRs from detailed review.
This document is not a final regulatory
decision, but rather the initiation of a
process that will involve more detailed
analyses of factors relevant to deciding
whether a rulemaking to revise an
NPDWR should be initiated.
DATES: Comments must be received on
or before March 13, 2017.
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SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2016–0627, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, the full EPA public comment
policy, information about CBI or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Mail: Water Docket, Environmental
Protection Agency, Mail code: 2822T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
Hand Delivery: EPA Docket Center
Public Reading Room, EPA
Headquarters West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. Hand deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
FOR FURTHER INFORMATION CONTACT: For
technical inquiries contact: Richard
Weisman, (202) 564–2822, or Kesha
Forrest, (202) 564–3632, Office of
Ground Water and Drinking Water,
Environmental Protection Agency. For
general information about the existing
NPDWRs discussed in this action,
contact the Safe Drinking Water Hotline.
Callers within the United States may
reach the Hotline at (800) 426–4791.
The Hotline is open Monday through
Friday, excluding Federal holidays,
from 10 a.m. to 5:30 p.m. Eastern Time.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
Abbreviations and Acronyms Used in
This Action
ADWR—Aircraft Drinking Water Rule
AGI—Acute Gastrointestinal Illness
AOC—Assimilable Organic Carbon
ASDWA—Association of State Drinking
Water Administrators
ATSDR—Agency for Toxic Substances and
Disease Registry
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AWWA—American Water Works Association
BAT—Best Available Technology
CBI—Confidential Business Information
CDC—Centers for Disease Control and
Prevention
CFR—Code of Federal Regulations
CT—Concentration × Contact Time
cVOCs—Carcinogenic Volatile Organic
Compounds
CWS—Community Water System
DBCP—1,2-Dibromo-3-Chloropropane
DBP—Disinfection Byproducts
D/DBP—Disinfectants/Disinfection
Byproducts
D/DBPR—Disinfectants/Disinfection
Byproducts Rule
DEHA—Di(2-ethylhexyl)adipate
DEHP—Di(2-ethylhexyl)phthalate
DOC—Dissolved Organic Carbon
DPD—N,N-diethyl-p-phenylenediamine
EDB—Ethylene Dibromide
EJ—Environmental Justice
EO—Executive Order
EPA—U.S. Environmental Protection Agency
EQL—Estimated Quantitation Level
FAC—Federal Advisory Committee
FBRR—Filter Backwash Recycling Rule
FDA—U.S. Food and Drug Administration
FRN—Federal Register Notice
GAC—Granulated Activated Carbon
GWR—Ground Water Rule
GWUDI—Ground Water Under the Direct
Influence of Surface Water
HAA5—Haloacetic Acids (five) (sum of
monochloroacetic acid, dichloroacetic
acid, trichloroacetic acid,
monobromoacetic acid and dibromoacetic
acid)
HAAs—Haloacetic Acids
HAV—Hepatitis A Virus
HPC—Heterotrophic Plate Count
IARC—International Agency for Research on
Cancer
ICR—Information Collection Request
IESWTR—Interim Enhanced Surface Water
Treatment Rule
IRIS—Integrated Risk Information System
LT1—Long-Term 1 Enhanced Surface Water
Treatment Rule
LT2—Long-Term 2 Enhanced Surface Water
Treatment Rule
MCL—Maximum Contaminant Level
MCLG—Maximum Contaminant Level Goal
MDBP—Microbial and Disinfection
Byproducts
MDL—Method Detection Limit
MRDL—Maximum Residual Disinfectant
Level
MRDLG—Maximum Residual Disinfectant
Level Goal
MRL—Minimum Reporting Level
NAS—National Academy of Sciences
NCWS—Non-Community Water System
NDMA—N-Nitrosodimethylamine
NDWAC—National Drinking Water Advisory
Council
NIH—National Institutes of Health
NPDWR—National Primary Drinking Water
Regulation
NRC—National Research Council
NTNCWS—Non-Transient Non-Community
Water System
NTP—National Toxicology Program
PCBs—Polychlorinated Biphenyls
PCE—Tetrachloroethylene
PHS—U.S. Public Health Service
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PT—Proficiency Testing
PQL—Practical Quantitation Limit
PWS—Public Water System
qPCR—Quantitative Polymerase Chain
Reaction
RfD—Reference Dose
RICP—Research and Information Collection
Partnership
RSC—Relative Source Contribution
RTCR—Revised Total Coliform Rule
SDWA—Safe Drinking Water Act
SMCL—Secondary Maximum Contaminant
Level
SOC—Synthetic Organic Chemical
SWTR—Surface Water Treatment Rule
SWTRs—Surface Water Treatment Rules
(including SWTR, IESWTR and LT1)
SYR—Six-Year Review
TCE—Trichloroethylene
TC/EC—Total Coliforms/E. coli
TCR—Total Coliform Rule
THM—Trihalomethanes
TTHM—Total Trihalomethanes (sum of four
THMs: chloroform,
bromodichloromethane,
dibromochloromethane and bromoform)
TNCWS—Transient Non-Community Water
System
TOC—Total Organic Carbon
TT—Treatment Technique
UCFWR—Uncovered Finished Water
Reservoirs
UCMR—Unregulated Contaminant
Monitoring Rule
USGS—U.S. Geological Survey
UV—Ultraviolet
WBDOSS—Waterborne Disease Outbreak
Surveillance System
WHO—World Health Organization
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Table of Contents
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my
comments for EPA?
II. Statutory Requirements for the Six-Year
Review
III. Stakeholder Involvement in the Six-Year
Review Process
IV. Regulations Included in the Six-Year
Review 3
V. EPA’s Protocol for Reviewing the NPDWRs
Included in This Action
A. What was EPA’s review process?
B. How did EPA conduct the review of the
NPDWRs?
1. Initial Review
2. Health Effects
3. Analytical Feasibility
4. Occurrence and Exposure Analysis
5. Treatment Feasibility
6. Risk-Balancing
7. Other Regulatory Revisions
C. How did EPA factor children’s health
concerns into the review?
D. How did EPA factor environmental
justice concerns into the review?
VI. Results of EPA’s Review of NPDWRs
A. What are the review result categories?
1. The NPDWR is Not Appropriate for
Revision at This Time
2. The NPDWR is a Candidate for Revision
B. What are the detailed results of EPA’s
third six-year review cycle?
1. Chemical Phase Rules/Radionuclides
Rules
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2. Fluoride
3. Disinfectants/Disinfection Byproducts
Rules (D/DBPRs)
4. Microbial Contaminants Regulations
VII. EPA’s Request for Comments
References
I. General Information
A. Does this action apply to me?
This action itself does not impose any
requirements on individual people or
entities. Instead, it notifies interested
parties of EPA’s review of existing
national primary drinking water
regulations (NPDWRs) and its
conclusions about which of these
NPDWRs may warrant new regulatory
action at this time. EPA requests public
comment on the eight NPDWRs
identified as candidates for revision.
EPA will consider comments received
as the Agency moves forward with
determining whether regulatory actions
are necessary for the eight NPDWRs.
B. What should I consider as I prepare
my comments for EPA?
Please see Section VII for the topic
areas related to this document for which
EPA requests comment and/or
information. EPA will accept written or
electronic comments (please do not
send both). Instructions for submitting
comments can be found in the
ADDRESSES section of this document.
EPA prefers electronic comments. No
facsimiles (faxes) will be accepted.
Commenters who want EPA to
acknowledge receipt of their written
comments should also send a selfaddressed, stamped envelope.
You may find the following
suggestions helpful when preparing
your comments:
• Explain your views as clearly as
possible.
• Describe any assumptions that you
used.
• Provide any technical information
and/or data you used that support your
views.
• If you estimate potential burden or
costs, explain how you arrived at your
estimate.
• Provide specific examples to
illustrate your concerns.
• Offer alternatives.
• Make sure to submit your
comments by the comment period
deadline.
To ensure proper receipt by EPA,
identify the appropriate docket
identification number in the subject line
on the first page of your response. It
would also be helpful if you provide the
name, date, and volume/page numbers
of the Federal Register document you
are commenting on.
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II. Six-Year Review—Statutory
Requirements and Next Steps
Under the Safe Drinking Water Act
(SDWA), as amended in 1996, EPA must
periodically review existing NPDWRs
and, if appropriate, revise them. Section
1412(b)(9) of the SDWA states: ‘‘The
Administrator shall, not less often than
every six years, review and revise, as
appropriate, each national primary
drinking water regulation promulgated
under this title. Any revision of a
national primary drinking water
regulation shall be promulgated in
accordance with this section, except
that each revision shall maintain, or
provide for greater, protection of the
health of persons.’’
Pursuant to the 1996 SDWA
Amendments, EPA completed and
published the results of its first Six-Year
Review (Six-Year Review 1) on July 18,
2003 (68 FR 42908, USEPA, 2003b) and
the second Six-Year Review (Six-Year
Review 2) on March 29, 2010 (75 FR
15500, USEPA, 2010h), after developing
a systematic approach, or protocol, for
the review of NPDWRs.
In this document EPA is announcing
the results of the third Six-Year Review
(Six-Year Review 3). Consistent with the
process applied in the Six-Year Review
2, EPA is requesting comments on this
document and will consider the public
comments and/or any new, relevant
data submitted for the eight NPDWRs
listed as candidates for revision as the
Agency proceeds with determining
whether revisions of these regulations
are necessary. The announcement
whether or not the Agency intends to
revise an NPDWR (pursuant to SDWA
§ 1412(b)(9)) is not a regulatory
decision. Instead, it initiates a process
that will involve more detailed analyses
of health effects, analytical and
treatment feasibility, occurrence,
benefits, costs and other regulatory
matters relevant to deciding whether a
rulemaking to revise an NPDWR should
be initiated. The Six-Year Review
results do not obligate the Agency to
revise an NPDWR in the event that EPA
determines during the regulatory
process that revisions are no longer
appropriate and discontinues further
efforts to revise the NPDWR. Similarly,
the fact that an NPDWR has not been
selected for revision means only that
EPA believes that regulatory changes to
a particular NPDWR are not appropriate
at this time for the reasons given in this
action; future reviews may identify
information that leads to an initiation of
the revision process.
The reasons that EPA has identified
an NPDWR as a ‘‘candidate for revision’’
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is that, at a minimum, the revision
presents a meaningful opportunity to:
• Improve the level of public health
protection, and/or
• Achieve cost savings while
maintaining or improving the level of
public health protection.
III. Stakeholder Involvement in the SixYear Review Process
The Agency has involved interested
stakeholders in the Six-Year Review 3
process. Below are examples of such
involvement:
• In November 2014, EPA briefed the
National Drinking Water Advisory Council
(NDWAC) on the Six-Year Review protocol
and the key elements of that protocol as they
relate to the microbial and disinfection
byproducts (MDBP) rules. The briefing
included information on how EPA is
implementing NDWAC’s previous
recommendations (NDWAC, 2000) on the
Six-Year Review process in review of the
MDBP rules;
• In January 2015, states provided input
(through the Association of State Drinking
Water Administrators (ASDWA)) on rule
implementation issues related to the
NPDWRs being reviewed as part of the SixYear Review 3 (ASDWA, 2016);
• EPA initiated a series of public
stakeholder meetings about the review of the
Long Term 2 Enhanced Surface Water
Treatment Rule (LT2). These meetings were
held in accordance with the recommendation
of the MDBP Federal Advisory Committee
(FAC) 1 to have public meetings following the
first round of monitoring under the LT2, and
as a result of the Executive Order (E.O.)
13563 ‘‘Improving Regulation and Regulatory
Review.’’ 2 E.O. 13563 states that regulations
shall be based ‘‘on the open exchange of
information and perspectives among state,
local, and tribal officials, experts in relevant
disciplines, affected stakeholders in the
private sector, and the public as a whole.’’
Some affected stakeholders recommended
that EPA include the LT2 among the
Agency’s top priorities for review under E.O.
13563. EPA included the LT2 in its
‘‘Improving our Regulations: Final Plan for
Periodic Retrospective Review of Existing
Regulations’’ (USEPA, 2011). EPA agreed to
‘‘assess and analyze new data/information
regarding occurrence, treatment, analytical
methods, health effects, and risk from all
relevant waterborne pathogens to evaluate
whether there are new or additional ways to
manage risk while assuring equivalent or
improved protection, including with respect
to the covering of finished water reservoirs’’
(USEPA, 2011). EPA hosted three public
meetings in Washington, DC, on December 7,
2011, April 24, 2012 and November 15, 2012.
EPA presented information about: The LT2
requirements, monitoring data collected
under the LT2, analytical methods, forecasts
about the second round of monitoring and
the treatment technique requirements. In
addition to presentations to educate the
public, the meetings included public
statements, panel discussions, question and
answer sessions and requests by EPA to
provide data and information about the
implementation of the LT2 to inform the
regulatory review.
IV. Regulations Included in the SixYear Review 3
Table IV–1 lists all 88 NPDWRs
established to date. The table also
reports the maximum contaminant level
goal (MCLG) and the maximum
contaminant level (MCL). The MCLG is
‘‘set at the level at which no known or
anticipated adverse effects on the health
of persons occur and which allows an
adequate margin of safety’’ (SDWA
§ 1412(b)(4)). The MCL is the maximum
permissible level of a contaminant in
water delivered to any user of a public
water system (PWS) and generally ‘‘is as
close to the maximum contaminant
level goal as is feasible’’ (SDWA
§ 1412(b)(4)(B)).3 Where it is not
‘‘economically or technically feasible’’
to set an MCL, EPA can establish a
treatment technique (TT), which must
prevent adverse health effects ‘‘to the
extent feasible’’ (SDWA § 1412(b)(7)(A)).
In the case of disinfectants (e.g.,
chlorine, chloramines and chlorine
dioxide), the values reported in the table
are not MCLGs and MCLs, but
maximum residual disinfectant level
goals (MRDLGs) and maximum residual
disinfectant levels (MRDLs).
Table IV–1 also includes NPDWRs
that EPA identified as candidates for
revision in past Six-Year Reviews.
During the Six-Year Review 1, EPA
identified the Total Coliform Rule (TCR)
as a candidate for revision.4 EPA
published the Revised Total Coliform
Rule (RTCR) in 2013 (78 FR 10270,
USEPA, 2013a). Four additional
NPDWRs for acrylamide,
epichlorohydrin, tetrachloroethylene
(PCE) and trichloroethylene (TCE) were
identified as candidates for revision
during the Six-Year Review 2. Of the 88
NPDWRs, EPA identified 12 as part of
recently completed, ongoing or pending
regulatory actions; as a result, these 12
are not subject to a detailed review for
the Six-Year Review 3. This action
involves the remaining 76 NPDWRs.
EPA applied the same protocol used for
previous Six-Year Reviews, with minor
clarifications (USEPA, 2016f), to the
Six-Year Review 3 process. Section V of
this action describes the revised
protocol used for the Six-Year Review 3
and Section VI describes the results of
the review of the NPDWRs.
In addition to the regulated
chemicals, radiological and
microbiological contaminants included
in the previous reviews, this document
also includes the review of the MDBP
regulations that were promulgated
under the following actions: The
Ground Water Rule (GWR); the Surface
Water Treatment Rules (SWTRs); the
Disinfectants and Disinfection
Byproducts (D/DBP) Rules; and the
Filter Backwash Recycling Rule (FBRR).
EPA reviewed the LT2 in response to
EO 13563 (USEPA, 2011) and as part of
the Six-Year Review 3 process.
TABLE IV–1—NPDWRS INCLUDED IN SIX-YEAR REVIEW 3
MCLG
(mg/L) 1 3
MCL or TT
(mg/L) 1 2 3
Contaminants/parameters
MCLG
(mg/L) 1 3
Acrylamide .........................
Alachlor ..............................
Alpha/photon emitters ........
Antimony ............................
Arsenic ...............................
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Contaminants/parameters
0 ................................
0 ................................
0 (pCi/L) ....................
0.006 .........................
0 ................................
TT ..............................
0.002 .........................
15 (pCi/L) ..................
0.006 .........................
0.010 .........................
Ethylbenzene .....................
Ethylene dibromide (EDB)
Fluoride ..............................
Giardia lamblia 4 ................
Glyphosate .........................
0.7 ....................
0 .......................
4.0 ....................
0 .......................
0.7 ....................
1 https://www.epa.gov/sites/production/files/
2015-11/documents/stage_2_m-dbp_agreement_in_
principle.pdf.
2 E.O. 13563 requires federal agencies to
‘‘consider how best to promote retrospective
analysis of rules that may be outmoded, ineffective,
insufficient, or excessively burdensome, and to
modify, streamline, expand, or repeal them in
accordance with what has been learned.’’ The order
required each federal agency to develop a plan
‘‘consistent with law and its resources and
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regulatory priorities.’’ https://www.gpo.gov/fdsys/
pkg/FR-2011-01-21/pdf/2011-1385.pdf.
3 Under limited circumstances, SDWA
§ 1412(b)(6)(A) also gives the Administrator the
discretion to promulgate an MCL that is less
stringent than the feasible level and that
‘‘maximizes health risk reduction benefits at a cost
that is justified by the benefits.’’
4 The NPDWRs apply to specific contaminants/
parameters or groups of contaminants. Historically,
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MCL or TT
(mg/L) 2 3
0.7
0.00005
4.0
TT
0.7
when issuing new or revised standards for these
contaminants/parameters, EPA has often grouped
the standards together in more general regulations,
such as the Total Coliform Rule, the Surface Water
Treatment Rule or the Phase V rules. In this action,
however, for clarity, EPA discusses the drinking
water standards as they apply to each specific
regulated contaminant/parameter (or group of
contaminants), not the more general regulation in
which the contaminant/parameter was regulated.
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TABLE IV–1—NPDWRS INCLUDED IN SIX-YEAR REVIEW 3—Continued
MCL or TT
(mg/L) 2 3
MCLG
(mg/L) 1 3
MCL or TT
(mg/L) 1 2 3
Contaminants/parameters
MCLG
(mg/L) 1 3
Asbestos ............................
Atrazine ..............................
Barium ................................
Benzene .............................
Benzo[a]pyrene ..................
Beryllium ............................
Beta/photon emitters ..........
Bromate .............................
Cadmium ............................
Carbofuran .........................
Carbon tetrachloride ..........
Chloramines .......................
7 (million fibers/L) ......
0.003 .........................
2 ................................
0 ................................
0 ................................
0.004 .........................
0 (millirems/yr) ...........
0 ................................
0.005 .........................
0.04 ...........................
0 ................................
4 ................................
7 (million fibers/L) ......
0.003 .........................
2 ................................
0.005 .........................
0.0002 .......................
0.004 .........................
4 (millirems/yr) ...........
0.010 .........................
0.005 .........................
0.04 ...........................
0.005 .........................
4.0 .............................
0.060
0.0004
0.0002
TT
0.001
0.05
TT
TT
0.0002
0.002
0.04
0.1
0 ................................
4 ................................
0.8 .............................
0.8 .............................
0.1 .............................
1.3 .............................
0.002 .........................
4.0 .............................
0.8 .............................
1.0 .............................
0.1 .............................
TT ..............................
10 .....................
1 .......................
0.2 ....................
0 .......................
0.5 ....................
0 .......................
10
1
0.2
0.001
0.5
0.0005
Cryptosporidium .................
Cyanide ..............................
2,4-Dichlorophenoxyacetic
acid (2,4-D).
Dalapon ..............................
Di(2-ethylhexyl)adipate
(DEHA).
Di(2-ethylhexyl)phthalate
(DEHP).
1,2-Dibromo-3chloropropane (DBCP).
1,2-Dichlorobenzene (oDichlorobenzene).
1,4-Dichlorobenzene (pDichlorobenzene).
1,2-Dichloroethane (Ethylene dichloride).
1,1-Dichloroethylene ..........
cis-1,2-Dichloroethylene ....
trans-1,2-Dichloroethylene
Dichloromethane (Methylene chloride).
1,2-Dichloropropane ..........
Dinoseb ..............................
Diquat ................................
E. coli .................................
Endothall ............................
Endrin ................................
Epichlorohydrin ..................
0 ................................
0.2 .............................
0.07 ...........................
TT ..............................
0.2 .............................
0.07 ...........................
Haloacetic acids (HAA5) ...
Heptachlor .........................
Heptachlor epoxide ............
Heterotrophic bacteria 6 .....
Hexachlorobenzene ...........
Hexachlorocyclopentadiene
Lead ...................................
Legionella ..........................
Lindane ..............................
Mercury (inorganic) ............
Methoxychlor .....................
Monochlorobenzene (Chlorobenzene).
Nitrate (as N) .....................
Nitrite (as N) ......................
Oxamyl (Vydate) ................
Pentachlorophenol .............
Picloram .............................
Polychlorinated biphenyls
(PCBs).
Radium ..............................
Selenium ............................
Simazine ............................
n/a 5 ..................
0 .......................
0 .......................
n/a ....................
0 .......................
0.05 ..................
0 .......................
0 .......................
0.0002 ..............
0.002 ................
0.04 ..................
0.1 ....................
Chlordane ..........................
Chlorine ..............................
Chlorine dioxide .................
Chlorite ...............................
Chromium (total) ................
Copper ...............................
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Contaminants/parameters
0 (pCi/L) ...........
0.05 ..................
0.004 ................
5 (pCi/L)
0.05
0.004
0.2 .............................
0.4 .............................
0.2 .............................
0.4 .............................
Styrene ..............................
2,3,7,8-TCDD (Dioxin) .......
0.1 ....................
0 .......................
0.1
3.00E–08
0 ................................
0.006 .........................
Tetrachloroethylene ...........
0 .......................
0.005
0 ................................
0.0002 .......................
Thallium .............................
0.0005 ..............
0.002
0.6 .............................
0.6 .............................
Toluene ..............................
1 .......................
1
0.075 .........................
0.075 .........................
n/a ....................
TT
0 ................................
0.005 .........................
n/a 9 ..................
0.080
0.007 .........................
0.07 ...........................
0.1 .............................
0 ................................
0.007 .........................
0.07 ...........................
0.1 .............................
0.005 .........................
Total coliforms (under
ADWR 7 and RTCR 8).
Total Trihalomethanes
(TTHM).
Toxaphene .........................
2,4,5-TP (Silvex) ................
1,2,4-Trichlorobenzene ......
1,1,1-Trichloroethane .........
0 .......................
0.05 ..................
0.07 ..................
0.20 ..................
0.003
0.05
0.07
0.2
0 ................................
0.007 .........................
0.02 ...........................
0 ................................
0.1 .............................
0.002 .........................
0 ................................
0.005 .........................
0.007 .........................
0.02 ...........................
MCL 10 and TT 8 ........
0.1 .............................
0.002 .........................
TT ..............................
1,1,2-Trichloroethane .........
Trichloroethylene ...............
Turbidity 6 ...........................
Uranium .............................
Vinyl Chloride ....................
Viruses ...............................
Xylenes (total) ....................
0.003 ................
0 .......................
n/a ....................
0 .......................
0 .......................
0 .......................
10 .....................
0.005
0.005
TT
0.030
0.002
TT
10
1. MCLG: The maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons
would occur, allowing an adequate margin of safety.
2. MCL: The maximum level allowed of a contaminant in water which is delivered to any user of a public water system.
TT: An enforceable procedure or level of technological performance which public water systems must follow to ensure control of a contaminant.
3. Units are in milligrams per liter (mg/L) unless otherwise noted. Milligrams per liter are equivalent to parts per million. For chlorine,
chloramines and chlorine dioxide, values presented are MRDLG and MRDL.
4. The current preferred taxonomic name is Giardia duodenalis, with Giardia lamblia and Giardia intestinalis as synonymous names. However,
Giardia lamblia was the name used to establish the MCLG in 1989. Elsewhere in this document, this pathogen will be referred to as Giardia spp.
or simply Giardia unless discussing information on an individual species.
5. There is no MCLG for all five haloacetic acids. MCLGs for some of the individual contaminants are: Dichloroacetic acid (zero), trichloroacetic
acid (0.02 mg/L), and monochloroacetic acid (0.07 mg/L). Bromoacetic acid and dibromoacetic acid are regulated with this group, but have no
MCLGs.
6. Includes indicators that are used in lieu of direct measurements (e.g., of heterotrophic bacteria, turbidity).
7. The Aircraft Drinking Water Rule (ADWR) 40 CFR part 141 Subpart X, promulgated October 19, 2009, covers total coliforms.
8. Under the RTCR, a PWS is required to conduct an assessment if it exceeded any of the TT triggers identified in 40 CFR 141.859(a). It is
also required to correct any sanitary defects found through the assessment.
9. There is no MCLG for total trihalomethanes (TTHM). MCLGs for some of the individual contaminants are: Bromodichloromethane (zero),
bromoform (zero), dibromochloromethane (0.06 mg/L), and chloroform (0.07 mg/L).
10. A PWS is in compliance with the E. coli MCL unless any of the conditions identified under 40 CFR 141.63(c) occur.
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V. EPA’s Protocol for Reviewing the
NPDWRs Included in This Action
A. What was EPA’s review process?
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Overview
This section provides an overview of
the process the Agency used to review
the NPDWRs discussed in this action.
The protocol document, ‘‘EPA Protocol
for the Third Review of Existing
National Primary Drinking Water
Regulations,’’ contains a detailed
description of the process the Agency
used to review the NPDWRs (USEPA,
2016f). The foundation of this protocol
was developed for the Six-Year Review
1 based on the recommendations of the
NDWAC (2000). The Six-Year Review 3
process is very similar to the process
implemented during the Six-Year
Review 1 and the Six-Year Review 2,
with some clarifications to the elements
related to the review of NPDWRs
included in the MDBP rules. Figure V–
1 presents an overview of the Six-Year
review protocol and review outcomes.
The primary goal of the Six-Year
Review process is to identify and
prioritize NPDWRs for possible
regulatory revision. The two major
outcomes of the detailed review are
either:
1. The NPDWR is not appropriate for
revision and no action is necessary at
this time.
2. The NPDWR is a candidate for
revision.
The reasons for a Six-Year Review
outcome of ‘‘not appropriate for revision
at this time’’ can include:
• Regulatory action—recently
completed, ongoing or pending. The
NPDWR was recently completed, is
being reviewed in an ongoing action, or
is subject to a pending action.
• Ongoing or planned health effects
assessment. The NPDWR has an
ongoing health effects assessment (i.e.,
especially for those NPDWRs with an
MCL set at the MCLG or where the MCL
is based on the SDWA cost benefit
provision), or EPA is considering
whether a new health effects assessment
is needed.
• No new information. EPA did not
identify any new, relevant information
that indicates changes to the NPDWR.
• Data gaps/emerging information.
There are data gaps or emerging
information that need to be evaluated.
• Low priority and/or no meaningful
opportunity. New information indicates
a possible change to the MCLG and/or
MCL but changes to the NPDWR are not
warranted due to one or more of the
following reasons: (1) Possible changes
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present negligible gains in public health
protection; (2) possible changes present
limited opportunity for cost savings
while maintaining the same or greater
level of health protection; and (3)
possible changes are a low priority
because of competing workload
priorities, limited return on the
administrative costs associated with
rulemaking and the burden on states
and the regulated community associated
with implementing any regulatory
change that would result.
Alternatively, the reasons for a SixYear Review outcome that an NPDWR is
a ‘‘candidate for revision’’ are that, at a
minimum, the revision presents a
meaningful opportunity to:
• Improve the level of public health
protection, and/or
• Achieve cost savings while
maintaining or improving the level of
public health protection.
Individual regulatory provisions of
NPDWRs that are evaluated as part of
the Six-Year Review are: MCLG, MCL,
MRDLG, MRDL, TT, other treatment
technologies such as best available
technology (BAT), and regulatory
requirements, such as monitoring
requirements.
For example, the microbial
regulations include TT requirements
because there is no reliable method that
is economically and technically feasible
to measure the microbial contaminants
covered by those regulations. These TT
requirements rely on the use of
indicators that can be measured in
drinking water, such as the
concentration of a disinfectant, to
provide public health protection. As
part of the Six-Year Review 3, EPA
evaluated new information related to
the use of those indicators to determine
if there is a meaningful opportunity to
improve the level of public health
protection. Results of EPA’s review of
the MDBP regulations are presented in
Sections VI.B.3 and VI.B.4.
For the purpose of this document
(except where noted for clarity),
discussions of the review of MCLGs and
MCLs should be assumed to also apply
to the review of MRDLGs and MRDLs
for disinfectants.
Basic Principles
EPA applied a number of basic
principles to the Six-Year Review
process:
• The Agency sought to avoid
redundant review efforts. Because EPA
has reviewed information for certain
NPDWRs as part of recently completed,
ongoing or pending regulatory actions,
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these NPDWRs are not subject to the
detailed review in this document.
• The Agency does not believe it is
appropriate to consider revisions to
NPDWRs for contaminants with an
ongoing or planned health effect
assessment and for which the MCL is set
equal to the MCLG or based on benefitcost analysis. This principle stems from
the fact that any new health effects
information could affect the MCL via a
change in the MCLG or the assessment
of the benefits associated with the MCL.
Therefore, EPA noted that these
NPDWRs are not appropriate for
revision and no action is necessary at
this time if the health effects assessment
would not be completed during the
review period for each contaminant that
has either an MCL that is equal to its
MCLG or an MCL that is based on the
1996 SDWA Amendments’ cost-benefit
provision. If the health effects
assessment is completed before the next
Six-Year Review, EPA will consider
these NPDWRs at that time.
• In evaluating the potential for new
information to affect NPDWRs, EPA
assumed no change to existing policies
and procedures for developing
NPDWRs. For example, in determining
whether new information affected the
feasibility of analytical methods for a
contaminant, the Agency assumed no
change to current policies and
procedures for calculating practical
quantitation levels.
• EPA considered new information
from health effects assessments that
were completed by the information
cutoff date. Assessments completed
after this cutoff date will be reviewed by
EPA during the next review cycle or (if
applicable) during the revision of an
NPDWR. The information cutoff date for
the Six-Year Review 3 was December
2015.
• During the review, EPA identified
areas where information is inadequate
or unavailable (data gaps) or emerging
and is needed to determine whether
revision to an NPDWR is appropriate.
To the extent EPA is able to fill data
gaps or fully evaluate the emerging
information, the Agency will consider
the information as part of the next
review cycle.
• EPA may consider accelerating
review and potential revision for a
particular NPDWR before the next
review cycle when justified by new
public health risk information.
• Finally, EPA assured scientific
analyses supporting the review were
consistent with the Agency’s peer
review policy (USEPA, 2015a).
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B. How did EPA conduct the review of
the NPDWRs?
The protocol for the Six-Year Review
3 is broken down into a series of
questions that can inform a decision
about the appropriateness of revising an
NPDWR. These questions are logically
ordered into a decision tree. This
section provides an overview of each of
the review elements that EPA
considered for each NPDWR during the
Six-Year Review 3, including the
following: Initial review, health effects,
analytical feasibility, occurrence and
exposure, treatment feasibility, risk
balancing and other regulatory
revisions. The final review combines the
findings from all of these review
elements to recommend whether an
NPDWR is a candidate for revision.
Further information about the review
elements is described in the protocol
document (USEPA, 2016f). Results from
the review of these elements are
presented in Section VI.
1. Initial Review
EPA’s initial review of all the
contaminants included in the Six-Year
Review 3 involved a simple
identification of the NPDWRs that have
either been recently completed, or are
being reviewed in an ongoing or
pending action since the last Six-Year
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3523
Review (cutoff date was August 2008).
In addition, the initial review also
identified contaminants with ongoing
health effects assessments that have an
MCL equal to the MCLG. Excluding
such contaminants from the Six-Year
Review 3 prevents duplicative agency
efforts.
toxicity data, that could potentially
affect the MCLG, or otherwise change
the Agency’s understanding of the
health effects of contaminants under
consideration. EPA then evaluated the
need to plan the initiation of a new
health effects assessment.
2. Health Effects
When establishing an NPDWR, EPA
identifies a practical quantitation limit
(PQL), which is ‘‘the lowest achievable
level of analytical quantitation during
routine laboratory operating conditions
within specified limits of precision and
accuracy’’, as noted in the November 13,
1985, Federal Register proposed rule
(50 FR 46880, USEPA, 1985). EPA has
a separate process in place to approve
new analytical methods for drinking
water contaminants; therefore, review
and approval of potential new methods
is outside the scope of the Six-Year
Review protocol. EPA recognizes,
however, that the approval and
adoption in recent years of new and/or
improved analytical methods may
enable laboratories to quantify
contaminants at lower levels than was
possible when NPDWRs were originally
promulgated. This ability of laboratories
to measure a contaminant at lower
levels could affect its PQL, the value at
which an MCL is set when it is limited
The principal objectives of the health
effects review are to identify: (1)
Contaminants for which a new health
effects assessment indicates that a
change in the MCLG might be
appropriate (e.g., because of a change in
cancer classification or a change in
reference dose (RfD)), and (2)
contaminants for which new health
effects information indicates a need to
initiate a new health effects assessment.
To meet the first objective, EPA
reviewed the results of health effects
assessments completed before December
2015, the information cutoff date for the
Six-Year Review 3.
To meet the second objective, the
Agency conducted an extensive
literature review to identify peerreviewed studies published before
December 2015. The Agency reviewed
the studies to determine whether there
was new health effects information,
such as reproductive and developmental
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3. Analytical Feasibility
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by analytical feasibility. Therefore, the
Six-Year Review process includes an
examination of whether there have been
changes in analytical feasibility that
could possibly change the PQL for the
subset of the NPDWRs that reached this
stage of the review.
To determine if changes in analytical
feasibility could possibly support
changes to PQLs, EPA relied primarily
on two alternate approaches to develop
an estimated quantitation limit (EQL):
an approach based on the minimum
reporting levels (MRLs) obtained as part
of the Six-Year Review 3 Information
Collection Request (ICR), and an
approach based on method detection
limits (MDLs).
An MRL is the lowest level or
contaminant concentration that a
laboratory can reliably achieve within
specified limits of precision and
accuracy under routine laboratory
operating conditions using a given
method. The MRL values provide direct
evidence from actual monitoring results
about whether quantitation below the
PQL using current analytical methods is
feasible. An MDL is a measure of
analytical method sensitivity. MDLs
have been used in the past to derive
PQLs for regulated contaminants.
EPA used the EQL as a threshold for
occurrence analysis to help the Agency
determine if there may be a meaningful
opportunity to improve public health
protection. It should be noted, however,
that the use of an EQL does not
necessarily indicate the Agency’s
intention to promulgate a new PQL. Any
revision to PQLs will be part of future
rulemaking efforts if EPA has
determined that an NPDWR is a
candidate for revision.
USEPA, 2010a). EPA requested that all
states and primacy entities (tribes and
territories) voluntarily submit their
compliance monitoring data for
regulated contaminants in public
drinking water systems. Specifically,
EPA requested the submission of
compliance monitoring data and related
information collected between January
2006 and December 2011 for regulated
contaminants and related parameters
(e.g., water quality indicators). Forty-six
states plus eight primacy agencies
provided data. The assembled data
constitute the largest, most
comprehensive set of drinking water
compliance monitoring data ever
compiled and analyzed by EPA to
inform decision making, containing
almost 47 million records from
approximately 167,000 PWSs, serving
approximately 290 million people
nationally. Through extensive data
management efforts, quality assurance
evaluations, and communications with
state data management staff, EPA
established the SYR3 ICR database
(USEPA, 2016i). The number of states
and PWSs represented in the dataset
varies across contaminants because of
variability in state data submissions and
contaminant monitoring schedules.
Except as noted in Section VI, EPA
believes that these data are of sufficient
quality to inform an understanding of
the national occurrence of regulated
contaminants and related parameters.
Details of the data management and data
quality assurance evaluations are
available in the supporting document
(USEPA, 2016q). The resulting database
is available online on the Six-Year
Review Web site (https://www.epa.gov/
dwsixyearreview).
4. Occurrence and Exposure Analysis
The occurrence and exposure analysis
is conducted in conjunction with other
review elements to determine if there is
a meaningful opportunity to revise an
NPDWR by:
• Estimating the extent of
contaminant occurrence, i.e., the
number of PWSs in which contaminants
occur at levels of interest (health-effectsbased thresholds or analytical method
limits), and
• Evaluating the number of people
potentially exposed to contaminants at
these levels.
To evaluate national contaminant
occurrence under the Six-Year Review
3, EPA reviewed data from the Six-Year
Review 3 ICR database (SYR3 ICR
database), the UCMR datasets (USEPA,
2016j) and other relevant sources.
For the Six-Year Review 3, EPA
collected SDWA compliance monitoring
data through use of an ICR (75 FR 6023,
5. Treatment Feasibility
An NPDWR either identifies the BAT
for meeting an MCL, or establishes
enforceable TT requirements. EPA
reviews treatment feasibility to ascertain
if there are technologies that meet BAT
criteria for a hypothetical more stringent
MCL, or if there is new information that
demonstrates an opportunity to improve
public health protection through
revision of an NPDWR TT requirement.
To be a BAT, the treatment
technology must meet several criteria
such as having demonstrated consistent
removal of the target contaminant under
field conditions. Although treatment
feasibility and analytical feasibility
together address the technical feasibility
requirement for an MCL, historically,
treatment feasibility has not been a
limiting factor for MCLs. The result of
this review element is a determination
of whether treatment feasibility would
pose a limitation to revising an MCL or
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provide an opportunity to revise the TT
requirement.
6. Risk-Balancing
EPA reviews risk-balancing to
examine how the Six-Year Review can
address tradeoffs in risks among
different NPDWRs and take into account
unregulated contaminants as well.
Under this review, EPA considers
whether a change to an MCL and/or TT
will increase the public health risk
posed by one or more contaminants,
and, if so, the Agency considers
revisions that will balance overall risks.
This review element is relevant only to
the NPDWRs included in the MDBP
rules, which were promulgated to
address risk-balancing between
microbial and DBP requirements, and
among differing types of DBPs. The riskbalancing approach was based on the
SDWA requirements that EPA
‘‘minimize the overall risk of adverse
health effects by balancing the risk from
the contaminant and the risk from other
contaminants the concentrations of
which may be affected by the use of a
TT or process that would be employed
to attain the maximum contaminant
level or levels’’ (SDWA
§ 1412(b)(5)(B)(i)).
EPA reviewed risk-balancing between
microbial and DBP contaminants. For
example, EPA considered the potential
impact on DBP concentrations should
there be a consideration to increase the
stringency of microbial NPDWRs. This
approach also was used during the
development of more recent MDBP rules
such as the LT2 rule and the Stage 2
Disinfectants/Disinfection Byproducts
Rule (D/DBPR) rule. In addition, EPA
reviewed risk-balancing between
different types of DBP contaminants.
Depending on the stringency of
potential DBP regulations, compliance
strategies used by the regulated
community might have the effect of
increasing the concentrations of other
types of contaminants, both regulated
and unregulated. EPA considered these
potential compliance strategies when
conducting its Six-Year Review 3 with
a goal to balance the overall health risks.
7. Other Regulatory Revisions
In addition to possible revisions to
MCLGs, MCLs and TTs, EPA evaluated
whether other revisions are needed to
regulatory provisions, such as
monitoring and system reporting
requirements. EPA focused this review
element on issues that were not already
being addressed through alternative
mechanisms, such as a recently
completed, ongoing or pending
regulatory action. EPA also reviewed
implementation-related NPDWR
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concerns that were ‘‘ready’’ for
rulemaking—that is, the problem to be
resolved had been clearly identified,
along with specific options to address
the problem that could be shown to
either clearly improve the level of
public health protection, or represent a
meaningful opportunity for achieving
cost savings while maintaining the same
level of public health protection. The
result of this review element is a
determination regarding whether EPA
should consider revisions to the
monitoring and/or reporting
requirements of an NPDWR.
C. How did EPA factor children’s health
concerns into the review?
The 1996 amendments to SDWA
require special consideration of
sensitive life stages and populations
(e.g., infants, children, pregnant women,
elderly and individuals with a history of
serious illness) in the development of
drinking water regulations (SDWA
§ 1412(b)(3)(C)(V)). As a part of the Six-
Year Review 3, EPA completed a
literature search covering
developmental and reproductive
endpoints (e.g., fertility, embryo
survival, developmental delays, birth
defects and endocrine effects) for
information published as of December
2015 for regulated chemicals that had
not been the subject of a health effects
assessment during this review period.
EPA reviewed the results of the
literature searches to identify any
studies that might suggest a need to
revise MCLGs. These studies were
considered in EPA’s review of NPDWRs,
which is discussed in Section VI.
D. How did EPA factor environmental
justice concerns into the review?
Executive Order (E.O.) 12898,
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations or Low-Income
Populations,’’ establishes a federal
policy for incorporating environmental
justice (EJ) into federal agency missions
3525
by directing agencies to identify and
address disproportionately high and
adverse human health or environmental
effects of its programs, policies and
activities on minority and low-income
populations. EPA evaluates potential EJ
concerns when developing regulations.
This Six-Year Review was developed in
compliance with E.O. 12898. Should the
Six-Year Review lead to a decision to
revise an NPDWR, any subsequent
rulemakings will include an EJ
component and an opportunity for
public comment.
VI. Results of EPA’s Review of NPDWRs
Table VI–1 lists the results of EPA’s
review for each of the 76 NPDWRs
discussed in this section of this action,
along with the principal rationale for
the review outcomes. Table VI–1 also
includes a list of the 12 NPDWRs that
have been recently completed, or have
ongoing or pending regulatory actions.
TABLE VI–1—SUMMARY OF SIX-YEAR REVIEW 3 RESULTS
Not Appropriate for Revision at this Time.
Recently completed,
ongoing or pending
regulatory action.
Not Appropriate for Revision at this Time 2.
Health effects assessment in process (as
of December 2015)
or contaminant nominated for health assessment.
No new information,
NPDWR remains
appropriate after review.
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Low priority and/or no
meaningful opportunity.
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1,2-Dichloroethane (Ethylene dichloride) ...........
1,2-Dichloropropane ...........................................
Benzene ..............................................................
Carbon Tetrachloride ..........................................
Copper
Dichloromethane (Methylene chloride) ...............
Alpha/photon emitters .........................................
Arsenic ................................................................
Atrazine ...............................................................
Benzo(a)pyrene (PAHs) ......................................
Beta/photon emitters ...........................................
Cadmium 1 ..........................................................
Chromium ...........................................................
Di(2-ethylhexyl) phthalate (DEHP) 1 ...................
Ethylbenzene ......................................................
Glyphosate
1,2-Dibromo-3-chloropropane (DBCP) ...............
2,4,5-TP (Silvex) .................................................
Antimony .............................................................
Asbestos .............................................................
Bromate ..............................................................
Chloramines (under D/DBPR) ............................
Chlorine (under D/DBPR) ...................................
Chlorine dioxide ..................................................
Chlorobenzene (monochlorobenzene) ...............
1,1,1-Trichloroethane ..........................................
1,1,2-Trichloroethane ..........................................
1,1-Dichloroethylene ...........................................
1,2,4-Trichlorobenzene .......................................
2,3,7,8-TCDD (Dioxin) ........................................
2,4-D ...................................................................
Acrylamide ..........................................................
Alachlor ...............................................................
Barium
Beryllium .............................................................
Carbofuran ..........................................................
Chlordane ...........................................................
cis-1,2-Dichloroethylene .....................................
Cyanide ...............................................................
Diquat ..................................................................
Endothall
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E. coli.
Lead.
Tetrachloroethylene (PCE).
Total coliforms (under ADWR and RTCR).
Trichloroethylene (TCE)
Vinyl chloride.
Mercury 1
Nitrate 1
Nitrite 1
o-Dichlorobenzene 1
p-Dichlorobenzene 1
Polychlorinated biphenyls (PCBs).
Radium.
Simazine.
Uranium 1
Dalapon.
Di(2-ethylhexyl)adipate (DEHA).
Dinoseb.
Endrin.
Ethylene dibromide.
Pentachlorophenol.
Thallium.
trans-1,2-Dichloroethylene.
Turbidity.
Epichlorohydrin.
Fluoride.
Heptachlor.
Heptachlor epoxide.
Hexachlorobenzene.
Hexachlorocyclopentadiene.
Lindane.
Methoxychlor.
Oxamyl (Vydate).
Picloram.
Selenium.
Styrene.
Toluene.
Toxaphene.
Xylenes.
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TABLE VI–1—SUMMARY OF SIX-YEAR REVIEW 3 RESULTS—Continued
Candidate for Revision
New information .........
Chlorite ................................................................
Cryptosporidium (under SWTR, IESWTR, LT1)
Giardia lamblia ....................................................
Haloacetic Acids (HAA5) ....................................
Heterotrophic Bacteria.
Legionella.
TTHM.
Viruses (under SWTR).
1 Contaminants
nominated for Integrated Risk Information System (IRIS) assessments per SYR Protocol.
FBRR, and GWR also identified as not appropriate for revision at this time. See Section VI.B.4 for additional information on the results
of EPA’s review of these regulations.
2 LT2,
A. What are the review result categories?
For each of the 76 NPDWRs discussed
in detail in the following sections of this
action, the review outcomes fall in one
of the following categories:
1. The NPDWR is Not Appropriate for
Revision at This Time
The current NPDWR remains
appropriate and no action is necessary
at this time. In this category, NPDWRs
are grouped under the following
subcategories:
• Health effects assessment in process
(as of December 2015) or contaminant
nominated for health assessment,
• No new information and NPDWR
remains appropriate after review,
• Data gaps/emerging information,
and
• No meaningful opportunity.
2. The NPDWR Is a Candidate for
Revision
The NPDWR is a candidate for
revision based on the review of new
information.
B. What are the detailed results of EPA’s
third six-year review cycle?
1. Chemical Phase Rules/Radionuclides
Rules
Background
The NPDWRs for chemical
contaminants, collectively called the
Phase Rules, were promulgated between
1987 and 1992 (after the 1986 SDWA
amendments). In December 2000, EPA
promulgated final radionuclide
regulations, which were issued as
interim rules in July 1976. Information
related to the review for fluoride is
discussed separately in Section VI.B.2.
sradovich on DSK3GMQ082PROD with PROPOSALS3
Summary of Review Results
EPA has decided that it is not
appropriate at this time to revise any of
the NPDWRs covered under the Phase
Rules or Radionuclide Rules. These
NPDWRs were determined not to be
candidates for revision for one or more
of the following reasons: There was no
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new information to suggest possible
changes in MCLG/MCL; new
information did not present a
meaningful opportunity for health risk
reduction or cost savings while
maintaining/improving public health
protection; or there was an ongoing or
pending regulatory action. Details
related to the review of all Phase Rules
and Radionuclide Rules contaminants
can be found in the ‘‘Chemical
Contaminant Summaries for the Third
Six-Year Review of National Primary
Drinking Water Regulations’’ (USEPA,
2016b).
Initial Review
The initial review identified 12
chemical contaminants with NPDWRs
under the Chemical Phase Rules that
were being considered as part of
ongoing or pending regulatory actions,
and 61 chemical or radionuclide
NPDWRs were identified as appropriate
for review. The NPDWRs with ongoing
or pending regulatory actions included
eight carcinogenic volatile organic
compounds (cVOCs), lead, copper,
acrylamide and epichlorohydrin.
In 2011, EPA announced its plans to
address a group of regulated and
unregulated cVOCs in a single
regulatory effort. The eight regulated
VOCs being currently evaluated for a
potential cVOCs group regulation
include: Benzene; carbon tetrachloride;
1,2-dichloroethane; 1,2dichloropropane; dichloromethane;
PCE; TCE; and vinyl chloride. The
regulatory revisions to TCE and PCE,
initiated as an outcome of the Six-Year
Review 2, are also being considered as
part of the group regulatory effort. Since
a regulatory effort is ongoing for these
eight contaminants, they were excluded
from a detailed review as part of the
third Six-Year Review.
The NPDWRs for acrylamide and
epichlorohydrin were also previously
identified as candidates for regulatory
revision and were pending regulatory
action. The polyacrylamides and
epichlorohydrin-based polymers
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available today for water treatment have
lower residual monomer content than
when EPA promulgated residual content
as a TT (USEPA, 2016s). For example,
the 90th percentile concentration of
acrylamide residual monomer levels
was approximately one-half the residual
level listed in the current TT and no
residual epichlorohydrin was detected.
The health benefits associated with the
lower impurity levels are already being
realized by communities throughout the
country; therefore, a regulatory revision
will minimally affect health risk. Given
resource limitations, competing
workload priorities, and administrative
costs and burden to states to adopt any
regulatory changes associated with the
rulemaking, as well as limited potential
health benefits, these NPDWRs are
considered a low priority and no longer
candidates for revision at this time.
EPA is also currently considering
Long-Term Revisions to the Lead and
Copper Rule; and therefore, evaluation
of that NPDWR under the Six-Year
Review process would be redundant.
Health Effects
The principal objectives of the health
effects review are to identify: (1)
Contaminants for which a new health
effects assessment indicates that a
change in MCLG might be appropriate
(e.g., because of a change in cancer
classification or an RfD), and (2)
contaminants for which the Agency has
identified new health effects
information suggesting a need to initiate
a new health effects assessment.
Before identifying chemical NPDWR
contaminants for which an updated
MCLG may be appropriate, EPA first
identified chemicals with ongoing or
planned EPA health effects assessments.
As of December 31, 2015, 19 chemical/
radiological contaminants reviewed had
ongoing or planned formal EPA health
effects assessments. Table VI–2 below
lists the 19 contaminants with ongoing
or planned EPA assessments and the
status of those reviews.
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3527
TABLE VI–2—SIX-YEAR REVIEW CHEMICAL/RADIOLOGICAL CONTAMINANTS WITH ONGOING OR PLANNED EPA HEALTH
ASSESSMENTS
Chemical/radionuclide
Status
Alpha/photon emitters ........................................
Arsenic, inorganic ...............................................
EPA is conducting a review of alpha and beta photo emitters.
Inorganic arsenic is being assessed by the EPA IRIS Program. The assessment status can be
found at: (https://cfpub.epa.gov/ncea/iris2/atoz.cfm).
Atrazine and simazine are being assessed under EPA’s pesticide registration review process.
Benzo(a)pyrene is being assessed by the EPA IRIS Program. The assessment status can be
found at: (https://cfpub.epa.gov/ncea/iris2/atoz.cfm).
EPA is conducting a review of alpha and beta photo emitters.
Cadmium is included in the EPA IRIS Multi-Year Agenda.
Chromium VI is being assessed by the EPA IRIS Program. The assessment status can be
found at: (https://cfpub.epa.gov/ncea/iris2/atoz.cfm).
DEHP is included in the EPA IRIS Multi-Year Agenda.
Ethylbenzene is being assessed by the EPA IRIS Program. The assessment status can be
found at: (https://cfpub.epa.gov/ncea/iris2/atoz.cfm).
GlyphosateGlyphosate is being assessed under EPA’s pesticide registration review process.
Mercury is included in the EPA IRIS Multi-Year Agenda.
Nitrate is included in the EPA IRIS Multi-Year Agenda.
Nitrite is included in the EPA IRIS Multi-Year Agenda.
o-Dichlorobenzene is included in the EPA IRIS Multi-Year Agenda.
p-Dichlorobenzene is included in the EPA IRIS Multi-Year Agenda.
PCBs are being assessed by the EPA IRIS Program. The assessment status can be found at:
(https://cfpub.epa.gov/ncea/iris2/atoz.cfm).
EPA is conducting a review of radium.
Atrazine and simazine are being assessed under EPA’s pesticide registration review process.
Uranium is included in the EPA IRIS Multi-Year Agenda.
Atrazine ..............................................................
Benzo(a)pyrene ..................................................
Beta/photon emitters ..........................................
Cadmium ............................................................
Chromium (VI) as part of total Cr) .....................
DEHP .................................................................
Ethylbenzene ......................................................
Glyphosate .........................................................
Mercury ..............................................................
Nitrate .................................................................
Nitrite ..................................................................
o-Dichlorobenzene .............................................
p-Dichlorobenzene .............................................
PCBs ..................................................................
Radium (226, 228) .............................................
Simazine .............................................................
Uranium ..............................................................
For chemicals that were not excluded
due to an ongoing or planned health
effects assessment by EPA, or by the
National Academy of Sciences (NAS),
commissioned by EPA, a more detailed
review was undertaken. Of the
chemicals that underwent a more
detailed review, EPA identified 21 for
which there have been official Agency
changes in the RfD and/or in the cancer
risk assessment from oral exposure or
new relevant non-EPA assessments that
might support a change to the MCLG.
These 21 chemicals were further
evaluated as part of the Six-Year Review
3 to determine whether they were
candidates for regulatory revision. Table
VI–3 lists the 21 chemicals with
available new health effects information
and the sources of the relevant new
information. As shown in this table, 11
chemical contaminants have
information that could support a lower
MCLG and 10 contaminants have new
information that could support a higher
MCLG.
TABLE VI–3—CHEMICALS WITH AVAILABLE NEW HEALTH ASSESSMENT THAT COULD SUPPORT A CHANGE IN MCLG
Chemical
Relevant new assessment
Potential Decrease in MCLG
Carbofuran ......................................................................................................................................................................
Cyanide ...........................................................................................................................................................................
cis-1,2-Dichloroethyelene ...............................................................................................................................................
Endothal ..........................................................................................................................................................................
Hexachloropentadiene ....................................................................................................................................................
Methoxychlor ...................................................................................................................................................................
Oxamyl ............................................................................................................................................................................
Selenium .........................................................................................................................................................................
Styrene ............................................................................................................................................................................
Toluene ...........................................................................................................................................................................
Xylenes ...........................................................................................................................................................................
USEPA, 2008a (OPP).
USEPA, 2010e (IRIS).
USEPA, 2010d (IRIS).
USEPA, 2005f (OPP).
USEPA, 2001a (IRIS).
CalEPA 2010a.
USEPA, 2010f (OPP).
Health Canada 2014.
CalEPA 2010b.
USEPA, 2005c (IRIS).
USEPA, 2003a (IRIS).
sradovich on DSK3GMQ082PROD with PROPOSALS3
Potential Increase in MCLG
Alachlor ...........................................................................................................................................................................
Barium .............................................................................................................................................................................
Beryllium .........................................................................................................................................................................
1,1-Dichloroethylene .......................................................................................................................................................
2,4 Dichlorophenoxy-acetic Acid ....................................................................................................................................
Diquat ..............................................................................................................................................................................
Lindane ...........................................................................................................................................................................
Picloram ..........................................................................................................................................................................
1,1,1-Trichloroethane ......................................................................................................................................................
1,2,4-Trichlorobenzene ...................................................................................................................................................
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USEPA,
USEPA,
USEPA,
USEPA,
USEPA,
USEPA,
USEPA,
USEPA,
USEPA,
ATSDR,
2006a (OPP).
2005b (IRIS).
1998a (IRIS).
2002b (IRIS).
2013b (OPP).
2002a (OPP).
2002d (OPP).
1995 (OPP).
2007a (IRIS).
2010.
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Details of the health effects review of
the chemical and radiological
contaminants are documented in the
‘‘Six-Year Review 3—Health Effects
Assessment for Existing Chemical and
Radionuclides National Primary
Drinking Water Regulations—Summary
Report’’ (USEPA, 2016h).
Analytical Feasibility
EPA performed analytical feasibility
analyses for the contaminants that
reached this portion of the review.
These contaminants included the 11
chemical contaminants identified under
the health effects review as having
potential for a lower MCLG and an
additional 14 contaminants with MCLs
based on analytical feasibility and MCLs
higher than the current MCLGs. The
document ‘‘Analytical Feasibility
Support Document for the Third SixYear Review of National Primary
Drinking Water Regulations: Chemical
Phase Rules and Radionuclides Rules’’
(USEPA, 2016a) describes the first step
in the process EPA used to evaluate
whether changes in PQL are possible in
those instances where the MCL is
limited, or may be limited, by analytical
feasibility. The EQL analysis is
documented in the ’’ Development of
Estimated Quantitation Levels for the
Third Six-Year Review of National
Primary Drinking Water Regulations
(Chemical Phase Rules)’’ (USEPA,
2016d).
Table VI–4 shows the outcomes of
EPA’s analytical feasibility review for
two general categories of drinking water
contaminants: Contaminants where
health effects assessments indicate
potential for lower MCLGs; and
contaminants where existing MCLs are
based on analytical feasibility.
• A health effects assessment
indicates potential for lower MCLG. This
category includes the 11 contaminants
identified in the health effects review as
having information indicating the
potential for a lower MCLG. EPA
reviewed analytical feasibility to
determine if analytical feasibility could
limit the potential for MCL revisions.
For six contaminants (carbofuran,
cyanide, endothall, methoxychlor,
oxamyl and styrene), the current PQL is
higher than the potential new MCLG
identified in the health effects review.
For these contaminants, the PQL
assessment did not support reduction of
the current PQL, or data were
inconclusive or insufficient to reach a
conclusion. Consequently, analytical
feasibility could be a limiting factor for
setting the MCL equal to the potential
new MCLG. The current PQL is not a
limiting factor for the remaining five
contaminants identified by the health
effects review for possible changes in
their MCLG (i.e., cis-1,2dichloroethylene,
hexachlorocyclopentadiene, selenium,
toluene and xylene).
• Contaminants for which existing
MCLs are based on analytical feasibility.
This category includes 14 contaminants
with existing MCLs that are greater than
their MCLGs because they are limited by
analytical feasibility. Two of the
contaminants (thallium and 1,1,2trichloroethanetrichloroethane) are non-
carcinogenic and have a non-zero MCLG
and the remaining 12 contaminants are
carcinogens with MCLGs equal to zero.
EPA evaluated whether the PQL could
be lowered for each of these
contaminants. For one contaminant,
1,1,2-trichloroethane, EPA concluded
that new information from Proficiency
Testing (PT) studies, along with MRL
and MDL data, indicate the potential to
revise the PQL. For two contaminants
(dioxin and PCBs), data from PT studies
were inconclusive, but MRL and MDL
data indicated the potential to revise the
PQL. For five contaminants (chlordane,
heptachlor, heptachlor epoxide,
hexachlorobenzene and toxaphene) data
from PT and MRL studies were
inconclusive, but MDL data indicate the
potential to revise the PQL. For the
remaining five contaminants, either EPA
did not have sufficient new information
to evaluate analytical feasibility or EPA
concluded that new information does
not indicate the potential for a PQL
revision.
Where these evaluations indicated the
potential for a PQL reduction, Table VI–
4 lists the type of data that support this
conclusion. The notation ‘‘PT’’ indicates
that the PQL reassessment based on PT
data (USEPA, 2016a) supports the
reduction. The notations ‘‘MRL’’ and
‘‘MDL’’ indicates that these two
approaches support PQL reduction. The
findings based on PT offer more
certainty. When the PQL reassessment
outcome is that the current PQL remains
appropriate, Table VI–4 shows the result
‘‘Data do not support PQL reduction.’’
TABLE VI–4—NPDWRS INCLUDED IN ANALYTICAL FEASIBILITY REASSESSMENT AND RESULT OF THAT ASSESSMENT
Current PQL
(μg/L)
Contaminant
Analytical feasibility reassessment
result
11 Contaminants Identified Under the Health Effects Review as Having Potential for Lower MCLG
Carbofuran ..................................................................................
Cyanide .......................................................................................
cis-1,2-Dichloroethylene ..............................................................
Endothall .....................................................................................
Hexachlorocyclopentadiene ........................................................
Methoxychlor ...............................................................................
Oxamyl ........................................................................................
Selenium .....................................................................................
Styrene ........................................................................................
Toluene .......................................................................................
Xylene .........................................................................................
7
100
5
90
1
10
20
10
5
5
5
Data do not support PQL reduction.
Data do not support PQL reduction.
PQL not limiting.
PQL reduction supported (MRL, MDL).
PQL not limiting.
PQL reduction supported (PT, MRL).
PQL reduction supported (MRL, MDL).
PQL not limiting.
PQL reduction supported (PT, MRL, MDL).
PQL not limiting.
PQL not limiting.
sradovich on DSK3GMQ082PROD with PROPOSALS3
14 Contaminants With MCLs Based on Analytical Feasibility and Higher Than MCLGs
Benzo(a)pyrene ...........................................................................
Chlordane ....................................................................................
1,2-Dibromo-3-chloropropane (DBCP) .......................................
Di(2-ethylhexyl)phthalate (DEHP) ...............................................
Ethylene dibromide (EDB) ..........................................................
Heptachlor ...................................................................................
Heptachlor Epoxide .....................................................................
Hexachlorobenzene ....................................................................
Pentachlorophenol ......................................................................
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Data do not support PQL reduction.
PQL reduction supported (MRL, MDL).
Data do not support PQL reduction.
Data do not support PQL reduction.
Data do not support PQL reduction.
PQL reduction supported (MDL).
PQL reduction supported (MDL).
PQL reduction supported (PT, MDL).
Data do not support PQL reduction.
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TABLE VI–4—NPDWRS INCLUDED IN ANALYTICAL FEASIBILITY REASSESSMENT AND RESULT OF THAT ASSESSMENT—
Continued
Current PQL
(μg/L)
Contaminant
PCBs ...........................................................................................
Dioxin ..........................................................................................
Thallium .......................................................................................
Toxaphene ..................................................................................
1,1,2-Trichloroethane ..................................................................
Occurrence and Exposure
Using the SYR3 ICR database, EPA
conducted an assessment to evaluate
national occurrence of regulated
contaminants and estimate the potential
population exposed to these
contaminants. The details of the current
chemical occurrence analysis are
documented in ‘‘The Analysis of
Regulated Contaminant Occurrence Data
from Public Water Systems in Support
of the Third Six-Year Review of
Analytical feasibility reassessment
result
0.5
3.0 × 10¥5
2
3
5
Data do not support PQL reduction.
PQL reduction supported (MRL, MDL).
Data do not support PQL reduction.
PQL reduction supported (MDL).
PQL reduction supported (PT, MRL, MDL).
National Primary Drinking Water
Regulations: Chemical Phase Rules and
Radionuclides Rules’’ (USEPA, 2016p).
Based on benchmarks identified in the
health effects and analytical feasibility
analyses, EPA conducted the occurrence
and exposure analysis for 18
contaminants.
This analysis shows that these 18
contaminants occur at levels above the
identified benchmark in a very small
percentage of systems, which serve a
very small percentage of the population,
indicating that revisions to NPDWRs are
unlikely to provide a meaningful
opportunity to improve public health
protection across the nation. Therefore,
these contaminants were not identified
as candidates for regulatory revision.
Table VI–5 lists the benchmarks used to
conduct the occurrence analysis, the
total number of systems with mean
concentrations exceeding a benchmark
and the estimated population served by
those systems.
TABLE VI–5—OCCURRENCE AND POTENTIAL EXPOSURE ANALYSIS FOR CHEMICAL NPDWRS
Benchmark 1
(ug/L)
Contaminant
Number (and percentage) of systems with a
mean concentration
higher than benchmarks
Population served by
systems with a mean
concentration higher
than benchmarks (and
percentage of
total population)
Contaminants Identified Under the Health Effects Review as Having Potential for Lower MCLG
Carbofuran ...................................................................................................
Cyanide ........................................................................................................
cis-1,2-Dichloroethylene ..............................................................................
Endothall ......................................................................................................
Hexachlorocyclopentadiene .........................................................................
Methoxychlor ................................................................................................
Oxamyl .........................................................................................................
Selenium ......................................................................................................
Styrene .........................................................................................................
Toluene ........................................................................................................
Xylene ..........................................................................................................
>5
>50
>10
>50
>40
>1
>9
>40
>0.5
>600
>1,000
1 (0.00%)
98 (0.27%)
4 (0.01%)
1 (0.01%)
0 (0.00%)
1 (0.003%)
2 (0.01%)
49 (0.10%)
117 (0.210%)
0 (0.00%)
2 (0.004%)
993 (0.0004%)
574,038 (0.27%)
5,569 (0.00%)
993 (0.001%)
0 (0.00%)
993 (0.000%)
9,742 (0.004%)
135,685 (0.05%)
571,425 (0.217%)
0 (0.00%)
825 (0.0003%)
Contaminants With MCLs Based on Analytical Feasibility and Higher Than MCLGs
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Chlordane ....................................................................................................
Heptachlor ....................................................................................................
Heptachlor Epoxide .....................................................................................
Hexachlorobenzene .....................................................................................
2,3,7,8-TCDD (Dioxin) .................................................................................
Toxaphene ...................................................................................................
1,1,2-Trichloroethane ...................................................................................
In addition, EPA performed a source
water occurrence analysis for the 10
chemical contaminants in which
updated health effects assessments
indicated the possibility to increase (i.e.,
render less stringent) the MCLG values.
EPA conducted this analysis to
determine if there was a meaningful
opportunity to achieve cost savings
while maintaining or improving the
level of public health protection. The
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>0.1
>0.04
>0.1
>0.000005
>1
>3
data available to characterize
contaminant occurrence was limited
because there is no comprehensive
dataset that characterizes source water
quality for drinking water systems. Data
from the U.S. Geological Survey (USGS)
National Water Quality Assessment
program and the U.S. Department of
Agriculture Pesticide Data Program
water monitoring survey provide useful
insights into potential contaminant
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3 (0.01%)
3 (0.01%)
14 (0.04%)
6 (0.016%)
2 (0.06%)
6 (0.02%)
0 (0.00%)
1,353 (0.001%)
1,643 (0.00%)
11,659 (0.005%)
8,703 (0.004%)
1,450 (0.002%)
715,106 (0.32%)
0 (0.00%)
occurrence in source water. The
analysis of the available contaminant
occurrence data for potential drinking
water sources indicated relatively low
contaminant occurrence in the
concentration ranges of interest. As a
consequence, EPA could not conclude
that there is a meaningful opportunity
for system cost savings by increasing the
MCLG and/or MCL for these 10
contaminants. The results of this
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analysis were documented in
‘‘Occurrence Analysis for Potential
Source Waters for the Third Six-Year
Review of National Primary Drinking
Water Regulations’’ (USEPA, 2016e).
Treatment Feasibility
Currently, all of the MCLs for
chemical and radiological contaminants
are set equal to the MCLGs or PQLs or
are based on benefit-cost analysis; none
are currently limited by treatment
feasibility. EPA considers treatment
feasibility after identifying
contaminants with the potential to
lower the MCLG/MCL that constitute a
meaningful opportunity to improve
public health. No such contaminants
were identified in the occurrence and
exposure analysis described above.
Other Regulatory Revisions
In addition to possible revisions to
MCLGs, MCLs and TTs, EPA considered
whether other regulatory revisions are
needed to address implementation
issues, such as revisions to monitoring
and system reporting requirements, as a
part of the Six-Year Review 3. EPA used
the protocol to evaluate which
implementation issues to consider
(USEPA, 2016f). EPA’s protocol focused
on items that were not already being
addressed, or had not been addressed,
through alternative mechanisms (e.g., as
a part of a recent or ongoing
rulemaking).
Implementation Issues Identified for the
Six-Year Review 3
EPA compiled information on
implementation related issues
associated with the Chemical Phase
Rules. EPA also identified unresolved
implementation issues/concerns from
previous Six-Year Reviews. EPA shared
the list of identified potential
implementation issues with a group of
state representatives convened by
ASDWA to obtain input from state
drinking water agencies concerning the
significance and relevance of the issues
(ASDWA, 2016). The complete list of
implementation issues related to the
Phase Rules and Radionuclide Rules is
presented in ‘‘Consideration of Other
Regulatory Revisions in Support of the
Third Six-Year Review of the National
Primary Drinking Water Regulations:
Chemical Phase Rules and Radionuclide
Rules’’ (USEPA, 2016c).
The Agency determined that the
following three issues, identified by
state stakeholders, were within the
scope of NPDWR review and were the
most substantive:
a. Nitrogen monitoring in consecutive
systems and the distribution system,
b. Alternative nitrate-nitrogen MCL of
20 mg/L for non-community water
systems (NCWSs), and
c. Synthetic organic chemical (SOC)
detection limits.
Table VI–6 provides a brief
description of the three issues and the
Agency’s findings to date.
TABLE VI–6—CHEMICAL RULE IMPLEMENTATION ISSUES IDENTIFIED THAT FALL WITHIN THE SCOPE OF AN NPDWR
REVIEW
Implementation issue
Description and findings
Nitrogen Monitoring in Consecutive
Systems and the Distribution
System.
Current nitrite and nitrate standards are measured at the point of entry to the distribution system. Under
some conditions, nitrification of ammonia in water system distribution networks could potentially result in
increased total nitrite or nitrate concentrations at the point of use.
To address the concern, certain water systems could develop and implement a nitrification monitoring program, which would include changing or adding additional monitoring locations.
Research is needed to further evaluate the extent of this potential issue, including development of criteria
to identify the specific systems where distribution system monitoring could be targeted. If the outcome of
the research suggests that the magnitude of the problem represents a meaningful opportunity to improve
public health protection, the regulation could be considered for revision.
EPA evaluated the possibility of removing or further restricting the option for some NCWSs to use an alternative nitrate-nitrogen MCL of up to 20 mg/L. The nitrate-nitrogen MCL in PWSs is 10 mg/L. However,
§ 141.11 of the Code of Federal Regulations (CFR) provides that states have the discretion to allow
some NCWSs to use an alternative nitrate-nitrogen MCL of up to 20 mg/L if certain conditions are met,
including conditions where water will not be available to children under six months of age.
Other provisions related to this issue are included in § 141.23 of the CFR, which pertains to monitoring.
This section states: ‘‘Transient, non-community water systems shall conduct monitoring to determine
compliance with the nitrate and nitrite MCL in §§ 141.11 and 141.62 (as appropriate) in accordance with
this section.’’ The monitoring section does not address non-transient non-community water systems
(NTNCWSs) eligibility to use an alternative nitrate MCL.
Two potential concerns identified with the current rule provisions are:
• Potential health concerns other than methemoglobinemia associated with the ingestion of nitrate-nitrogen, such as possible effects on fetal development.
• The fact that the alternative MCL was initially intended to be used by entities such as industrial plants
that do not provide drinking water to children under six months of age (44 FR 42254, USEPA, 1979).
Industrial plants are generally considered to be NTNCWSs. Therefore, it is possible the alternative
MCL was intended to apply specifically to NTNCWSs and not transient non-community water systems
(TNCWSs).
The Agency has nominated nitrate and nitrite for an IRIS assessment as a result of the Six-Year Review
process, and both of these contaminants are listed in the IRIS multi-year plan. An updated assessment
is needed that evaluates health effects other than methemoglobinemia. Specifically, an assessment is
needed that evaluates potential health effects of nitrate-nitrogen at levels between 10 and 20 mg/L on
adult populations. When completed, the IRIS assessment may support initiation of a rule revision if potential adverse health effects were identified at drinking water concentrations below the alternative nitrate
MCL of 20 mg/L for populations other than infants less than six-months of age.
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Alternative Nitrate-Nitrogen MCL of
20 mg/L for NCWS.
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TABLE VI–6—CHEMICAL RULE IMPLEMENTATION ISSUES IDENTIFIED THAT FALL WITHIN THE SCOPE OF AN NPDWR
REVIEW—Continued
Implementation issue
Description and findings
Synthetic Organic Chemical (SOC)
Detection Limits.
According to states, some laboratories have reported difficulty in achieving the detection limits for some
SOCs on a regular basis. Section 40 CFR 141.24(h)18 provides detection limits for the SOCs, including
some pesticides. PWSs that do not detect a SOC contaminant above these concentrations may qualify
for reduced monitoring frequency for individual contaminants. It was reported that some SOCs may have
detection limits that are lower than levels that can be economically and efficiently achieved by laboratories using approved methods. Thus, some water systems may not be able to qualify for reduced monitoring if the laboratories cannot achieve the listed detection limits. This issue was also identified as a
concern by the states during the Six-Year Review 2.
To address the SOC method detection limits, the Agency investigated the MRL values for SOCs from the
SYR 3 ICR and found there was an existing approved analytical method for each SOC that laboratories
can use to achieve the appropriate detection limits in order to reduce monitoring requirements.
Using the MRL values, the Agency evaluated the percentage of records in the ICR database at or below
the detection limit. EPA considered this percentage as an indication of laboratories’ collective ability to
detect contaminant concentrations at or below these levels. The Agency found that for most of the
SOCs, nearly half of the records were at or below the detection limit listed in the regulation while other
SOCs had a sufficient number of records below the detection limit to determine that there was an approved analytical method that could be used.
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2. Fluoride
Background
Fluoride can occur naturally in
drinking water as a result of the
geological composition of soils and
bedrock. Some areas of the country have
high levels of naturally occurring
fluoride. EPA established the current
NPDWR to reduce the public health risk
associated with exposure to high levels
of naturally occurring fluoride in
drinking water sources.
Low levels of fluoride are frequently
added to drinking water systems as a
public health protection measure for
reducing the incidence of cavities. The
decision to fluoridate a community
water supply is made by the state or
local municipality, and is not mandated
by EPA or any other federal entity. The
U.S. Public Health Service (PHS)
recommendation for community water
fluoridation is 0.7 mg/L (U.S.
Department of Health and Human
Services, 2015). Fluoride is also added
to various consumer products (such as
toothpaste and mouthwash) because of
its beneficial effects at low level
exposures.
EPA published the current NPDWR
on April 2, 1986 (51 FR 11396, USEPA,
1986) to reduce the public health risk
associated with exposure to high levels
of naturally occurring fluoride in
drinking water sources. The current
NPDWR established an MCLG and MCL
of 4.0 mg/L to protect against the most
severe stage of skeletal fluorosis
(referred to as the ‘‘crippling’’ stage)
(NRC, 2006a). EPA also established a
secondary maximum contaminant level
(SMCL) for fluoride of 2.0 mg/L to
protect against moderate and severe
dental fluorosis, which was considered
at the time to be a cosmetic effect. As
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provided under the statute, the SMCL is
not enforceable in the same manner as
the MCL. Public notification is required
when PWSs exceed the MCL or SMCL.
EPA has reviewed the NPDWR for
fluoride in previous Six-Year Review
cycles. As a result of the first Six-Year
Review (68 FR 42908, USEPA, 2003b),
EPA requested that the National
Research Council (NRC) of the National
Academies of Sciences (NAS) conduct a
review of the health and exposure data
on orally ingested fluoride. In 2006, the
NRC published the results of its review
and concluded that severe dental
fluorosis is an adverse health effect
when it causes both a thinning and
pitting of the enamel, a situation that
compromises the function of the enamel
in protecting against decay and
infection (NRC, 2006a). The NRC
recommended that EPA develop a doseresponse assessment for severe dental
fluorosis as the critical effect and update
an assessment of fluoride exposure from
all sources.
During the Six-Year Review 2, the
Agency was in the process of
developing a dose-response assessment
of the non-cancer impacts of fluoride on
severe dental fluorosis and the skeletal
system. In addition, EPA was in the
process of updating its evaluation of the
relative source contribution (RSC) of
drinking water to total fluoride exposure
considering the contributions from
dental products, foods, pesticide
residues, and other sources such as
ambient air and medications. These
assessments were not completed at the
time of the Six-Year Review 2; thus, no
action was taken under the Six-Year
Review 2 (75 FR 15500, USEPA, 2010h).
In 2010, EPA published fluoride
health assessments. The ‘‘Dose
Response Analysis for Non-Cancer
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Effects’’ (USEPA, 2010b) identified an
oral RfD for fluoride of 0.08 milligrams
per kilograms per day (mg/kg/day)
based on studies of severe dental
fluorosis among children in the six
months to 14 year age group (USEPA,
2010b). The ‘‘Exposure and Relative
Source Contribution Analysis’’ (USEPA,
2010c) concluded that the RSC values
for drinking water range from 40 to 70
percent, with the higher values
associated with infants fed with
powdered formula or concentrate
reconstituted with residential tap water
(70%) and with adults (60%). The major
contributors to total daily fluoride
intakes for these age groups are drinking
water, commercial beverages, solid
foods and swallowed fluoridecontaining toothpaste (USEPA, 2010c).
Summary of Review Results
The Agency has determined that a
revision to the NPDWR for fluoride is
not appropriate at this time. EPA
acknowledges information regarding the
exposure and health effects of fluoride
(as discussed later in the ‘‘Health
Effects’’ and ‘‘Occurrence and
Exposure’’ sections). However, with
EPA’s identification of several other
significant NPDWRs as candidates for
near-term revision (see Sections VI.B.3
and VI.B.4), potential revision of the
fluoride NPDWR is a lower priority that
would divert significant resources from
the higher priority candidates for
revision that the Agency has identified,
as well as other high priority work
within the drinking water office. These
other candidates for revision include the
Stage 1 and Stage 2 Disinfectants and
Disinfection Byproducts Rules (D/
DBPRs) that apply to approximately
42,000 PWSs, and for which EPA has
identified the potential to further reduce
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bladder cancer risks attributed to
exposure to DBPs; the Surface Water
Treatment Rules, for which the Agency
has identified the potential to further
reduce risks from a myriad of serious
waterborne diseases (e.g., giardiasis,
cryptosporidiosis, legionellosis,
hepatitis, meningitis and encephalitis)
for approximately 12,000 surface water
systems; and the pending revisions to
the lead and copper NPDWR which
apply to approximately 68,000 PWSs.
While EPA has evaluated the
available health effects and exposure
information related to fluoride (as
discussed later in the ‘‘Health Effects’’
and ‘‘Occurrence and Exposure’’
sections), the Agency also recognizes
that new studies on fluoride are
currently being performed. These
include new studies that address health
endpoints of concern other than dental
fluorosis. Based on the NRC
recommendations, EPA evaluated dental
fluorosis for the purposes of this action.
EPA will continue to monitor the
evolving science, and, when
appropriate, will reconsider the fluoride
NPDWR’s relative priority for revision
and take any other available and
appropriate action to address fluoride
risks under SDWA.
Finally, most community water
systems (CWSs) that provide
fluoridation of their drinking water have
already lowered their fluoridation level
to a single level of 0.7 mg/L from a
previous range of 0.7 to 1.2 mg/L to
accommodate the updated PHS
recommendation (U.S. Department of
Health and Human Services, 2015). The
U.S. Food and Drug Administration
(FDA) also issued a letter to bottled
water manufacturers recommending that
they not add fluoride to bottled water in
excess of the revised PHS
recommendations (FDA, 2015). In
addition, the FDA stated it intends to
revise the quality standard regulation
for fluoride added to bottled water to be
consistent with the updated PHS
recommendation. Therefore, EPA
anticipates that a significant portion of
the population’s exposure to fluoride in
drinking water, as well as some
commercial beverages that use
fluoridated water from CWSs and
certain bottled water, has already been
or will be reduced. Notwithstanding this
action’s decision, EPA will continue to
address risk associated with fluoride in
drinking water, with a specific focus on
the small systems with naturally
occurring fluoride in their source
waters.
Initial Review
EPA did not identify any recent,
ongoing or pending action on fluoride
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that would exclude fluoride from the
Six-Year Review 3.
Health Effects Assessment Summary
Report’’ (USEPA, 2016h).
Health Effects
The NRC (2006a) evaluated the
impact of fluoride on reproduction and
development, neurotoxicity and
behavior, the endocrine system,
genotoxicity, cancer and other effects, in
addition to the tooth and bone effects.
At fluoride levels below 4.0 mg/L, the
NRC found no evidence substantial
enough to support adverse effects other
than severe dental fluorosis and skeletal
fractures. The NRC concluded that the
available data were inadequate to
determine if a risk of effects on other
endpoints exists at an MCLG of 4.0 mg/
L and made recommendations for
additional research.
EPA assessments (USEPA, 2010b;
2010c) found that the RSC values are
lower than the RSC of 100 percent used
to derive the original MCLG of 4.0 mg/
L, where EPA assumed that drinking
water was the sole source of exposure to
fluoride. EPA has concluded that
information on the dose-response and
exposure assessment may support
lowering the MCLG to reflect levels that
would protect against risk of severe
dental fluorosis and skeletal fractures.
As part of this Six-Year Review, EPA
reviewed health effects data on the
impact of fluoride on reproduction and
development, neurotoxicity and
behavior, the endocrine system,
genotoxicity, cancer and other effects
that were identified by the NRC as
requiring additional research (NRC,
2006a). EPA noted limitations in some
of these studies such as lack of details
and confounding factors. Overall, the
new data were insufficient to alter the
NRC conclusion that severe dental
fluorosis is the critical health effects
endpoint for the MCLG.
Based upon the recommendations of
the NRC, EPA has evaluated dental
fluorosis as a critical endpoint of
concern for this Six-Year Review
(USEPA, 2010b; 2010c). However new
studies are underway to examine other
health endpoints (i.e., developmental
neurobehavior effects, endocrine
disruption and genotoxicity). One
example is an ongoing National
Toxicology Program (NTP) systematic
review of animal studies that examined
the impact of fluoride on learning and
memory (NTP, 2016). For more
information about fluoride
developmental neurotoxicity visit the
National Toxicology Program Web site
at https://ntp.niehs.nih.gov/pubhealth/
hat/noms/fluoride/neuro-index.html.
Additional information related to the
review of the fluoride NPDWR is
provided in the ‘‘Six-Year Review 3
Analytical Feasibility
The current PQL for fluoride is 0.5
mg/L (USEPA, 2009a). EPA has not
identified any changes in analytical
feasibility that could limit its ability to
revise the MCL/MCLG for fluoride.
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Occurrence and Exposure
EPA analyzed fluoride occurrence
using the SYR3 ICR database, which
contains fluoride analytical results from
approximately 47,000 PWSs in 49
states/entities from 2006 to 2011.
Sample records for fluoridated water
(i.e., in which a system adds fluoride to
maintain a concentration in the 0.7 to
1.2 mg/L range) were omitted from the
analysis because the fluoridated systems
would not be impacted by revisions to
the fluoride NPDWR. EPA estimated the
number and percent of systems that
have mean fluoride concentrations
exceeding various benchmarks and the
corresponding estimates of population
served by those systems. The data
indicated that about 130 systems (0.3
percent), serving approximately 60,000
people (0.03 percent), had an estimated
system mean concentration exceeding
the current MCL of 4.0 mg/L, whereas
more than 900 systems (2 percent),
serving approximately 1.5 million
people (0.8 percent), had an estimated
system mean concentration greater than
the SMCL of 2.0 mg/L. Among these
systems, many are small systems
(serving fewer than 10,000 people) and
very small systems (serving fewer than
500 people). Evaluations based on mean
(or average) fluoride concentrations
generally reflect an approximation of
chronic (long-term) exposure. It is
important to note that these average
concentration-based evaluations help to
inform Six-Year Review results, but do
not assess compliance with regulatory
standards nor should be viewed as
compliance forecasts for PWSs.
Treatment Feasibility
A BAT or small system compliance
technology for fluoride was not
established in the Code of Federal
Regulations (40 CFR 141.62). However,
EPA (1998d) identified activated
alumina and reverse osmosis as BATs
for fluoride.
Activated alumina is the most
commonly used treatment technology
for fluoride removal. It is capable of
removing fluoride to concentrations
well below the MCL of 4.0 mg/L, but
with a shortened media life at lower
target concentrations. Membrane
technologies, such as reverse osmosis,
nanofiltration, and electrodialysis, are
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also capable of removing fluoride to
very low levels (<0.3 mg/L). They are
often used to remove fluoride along
with other contaminants such as total
dissolved solids, arsenic, and uranium.
In general, these technologies are costly
and complex to operate—and thus
likewise present potential challenges for
small water systems (USEPA, 2014a).
3. Disinfectants/Disinfection Byproducts
Rules (D/DBPRs)
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Background
The D/DBPRs were promulgated in
two stages—Stage 1 in 1998 (63 FR
69390, USEPA, 1998b) and Stage 2 in
2006 (71 FR 388, USEPA, 2006d).
Disinfection byproducts (DBPs) are
formed when the disinfectants
commonly used in PWSs to kill
microorganisms react with organic and
inorganic matter in source water. DBPs
have been associated with potential
adverse health effects, including cancer
and developmental and reproductive
effects. Monitoring parameters within
the D/DBPRs consist of the following:
DBPs—TTHM, HAA5, bromate and
chlorite; disinfectants—chlorine,
chloramines and chlorine dioxide; and
water quality indicators—total organic
carbon (TOC) and alkalinity. The rules
include MCLGs/MRDLGs, as well as
MCLs/MRDLs and TT requirements,
which were developed for individual
parameters considering their health
risks.
For organic DBPs, the concern is
potential increased risk of cancer and
short-term adverse reproductive and
developmental effects. For bromate, the
concern is potential increased risk of
cancer. Chlorite (a regulated DBP) and
chlorine dioxide (a disinfectant) are
associated with methemoglobinemia,
and for infants, young children and
pregnant women, effects on the thyroid
are also of concern. For chlorine and
chloramines, health effects include eye/
nose irritation and stomach discomfort
(for chloramines, also anemia).
The D/DBPRs apply to all sizes of
CWSs and non-transient noncommunity water systems (NTNCWSs)
that chemically disinfect their water or
receive chemically disinfected water
(that is, involving any disinfectants
other than ultraviolet (UV) light), as
well as transient non-community water
systems (TNCWSs) that add chlorine
dioxide. The rules require that these
systems comply with established MCLs,
TTs, operational evaluation levels for
DBPs and MRDLs for disinfectants.
A major challenge for water suppliers
is balancing the risks from microbial
pathogens and DBPs. The risk-balancing
tradeoff approach was intended to lower
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the overall risks from DBP mixtures
while continuing to provide public
health protection from microbial risks.
Summary of Review Results
EPA has identified the following
NPDWRs within the D/DBPRs as
candidates for revision under this SixYear Review cycle because of the
opportunity to further reduce public
health risk from exposure to DBPs:
Chlorite, HAA5 and TTHM. This result
is based on a scientific review of
publicly available information. EPA’s
review process follows the protocol
described in Section V of this
document. New information has
strengthened the weight of evidence
supporting an association between
chlorination DBPs and bladder cancer
risk compared to the information
available during development of the
existing D/DBPRs. New information also
is available related to the reproductive/
developmental effects discussed in the
Stage 2 D/DBPR. In addition, new
toxicological data are available to
support the development of MCLGs for
some individual DBPs currently lacking
MCLGs (for example, dibromoacetic
acid).
This result will also provide for
additional opportunity to address
concerns with unregulated DBPs: For
example, nitrosamines and chlorate. In
the Federal Register document for
Preliminary Regulatory Determination 3
(79 FR 62715, USEPA, 2014b), the
Agency stated that ‘‘because chlorate
and nitrosamines are DBPs that can be
introduced or formed in PWSs partly
because of disinfection practices, the
Agency believes it is important to
evaluate these unregulated DBPs in the
context of the review of the existing
DBP regulations. DBPs need to be
evaluated collectively, because the
potential exists that the strategy used to
control a specific DBP could increase
the concentrations of other DBPs.
Therefore, the Agency is not making a
regulatory determination for chlorate
and nitrosamines at this time.’’
Chlorate and chlorite are two different
oxidation states of chlorine and are
chemically inter-convertible. They
occur, and can co-occur, when
hypochlorite solution and/or chlorine
dioxide are applied during the drinking
water treatment process. Chlorite is a
regulated DBP. New information has
shown that the relative source
contribution for chlorite could be lower
than previously estimated in the
existing D/DBPRs, which could lead to
a lower MCLG, and that there are
common health endpoints associated
with exposure to chlorite and chlorate.
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Compliance monitoring data
evaluated for the Six-Year Review 3
show widespread occurrence of DBPs
and their organic precursors (as
measured as TOC) in drinking water.
Research that has been published since
the development of the Stage 2 D/DBPR
has improved EPA’s understanding of
the effectiveness of and limitations
associated with various treatment
approaches, such as those for removal of
precursors, use of disinfectants other
than chlorine and localized treatment.
Given that this is the first time EPA
is conducting a Six-Year Review of the
D/DBPRs, extensive information about
review findings is provided below, with
further information provided in EPA’s
‘‘Six-Year Review 3 Technical Support
Document for Disinfectants/Disinfection
Byproducts Rules’’ (USEPA, 2016l).
Additional information related to the
review of D/DBPRs is provided in the
‘‘Six-Year Review 3 Technical Support
Document for Chlorate’’ (USEPA, 2016k)
and the ‘‘Six-Year Review 3 Technical
Support Document for Nitrosamines’’
(USEPA, 2016o).
Initial Review
There are no recently completed,
ongoing or pending regulatory actions
on the D/DBPRs that would exclude
them from the Six-Year Review 3.
Health Effects
Under the Stage 1 and 2 D/DBPRs,
toxicology studies for specific DBPs and
disinfectant residuals were used to
inform MCLGs (and cancer potency
factors where MCLGs are zero) and
MRDLGs. Epidemiology studies were
used to estimate potential risks from
DBP mixtures (due to cancer and
developmental/reproductive effects) and
support the benefits analysis.
Epidemiology studies supported a
potential association between exposures
to elevated THM4 levels in chlorinated
drinking water and cancer, but the
evidence was insufficient to establish a
causal relationship. The most consistent
evidence was for bladder cancer. For the
development of the benefits analysis for
both the Stage 1 and the Stage 2 D/
DBPRs, EPA used five bladder cancer
case-control epidemiology studies that
were conducted in the 1980s and 1990s
(Cantor et al., 1985; 1987; McGeehin et
al., 1993; King and Marrett, 1996;
Freedman et al., 1997; Cantor et al.,
1998). In addition, EPA used one metaanalysis (Villanueva et al., 2003) and
one pooled analysis (Villanueva et al.,
2004). The five case-control studies
used similar (though not identical)
exposure metrics based on years of
exposure to chlorinated drinking water
(primarily chlorinated surface water) to
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estimate odds ratios. All five studies
showed an increase in the odds ratio for
bladder cancer incidence with an
increased duration of exposure. Using
the published odds ratio results from
these five studies, EPA calculated an
estimate for the lifetime cancer risk
(population attributable risk) that
ranged from 2 to 17 percent; between 2
and 17 percent of bladder cancers
occurring in the U.S. could be attributed
to long-term exposure to chlorinated
drinking water at the time of the Stage
1 D/DBPR. Detailed explanations of
these calculations can be found in the
benefits analysis for the Stage 2 D/DBPR
(USEPA, 2005a). The evidence from the
studies in 1985 to 1998, the metaanalysis in 2003 and the pooled analysis
in 2004 was strong enough to support
the benefit analysis with several
thousand potential bladder cancer cases
per year estimated as being avoided
from the combined effects of the Stage
1 and Stage 2 D/DBPRs (USEPA, 2005a).
Studies from the 1970s to 2005 also
suggested a possible association
between adverse developmental/
reproductive health effects and
exposure to chlorinated drinking water.
Effects were observed in all areas but
lacked consistency across studies and
did not provide enough of a basis to
quantify risks or benefits. The adverse
developmental/reproductive effects
consisted of effects on fetal growth
(small for gestational age, low birth
weight and pre-term delivery), effects on
viability (spontaneous abortion,
stillbirth) and malformations (neural
tube, oral cleft, cardiac or urinary
defects).
Since the development of the Stage 2
D/DBPR, EPA has identified additional
sources of information related to health
effects of DBPs. New toxicological
information could be used to develop
MCLGs for the following regulated DBPs
(within HAA5): Dibromoacetic acid
(NTP, 2007), other brominated
haloacetic acids not currently regulated,
including bromochloroacetic acid (NTP,
2009) and bromodichloroacetic acid
(NTP, 2014), plus additional
unregulated DBPs such as nitrosamines
and chlorate (USEPA, 2016k; 2016o).
EPA has identified new
epidemiological, pharmacokinetic and
pharmacodynamic studies that,
considered together with studies
available during the development of the
Stage 2 D/DBPR, add to the weight of
evidence for bladder cancer being
associated with exposure to chlorination
DBPs (notably those containing
bromine) in drinking water.
Pharmacokinetic and
pharmacodynamic studies (Ross and
Pegram, 2003; 2004; Leavens et al.,
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2007; Stayner et al., 2014; Kenyon et al.,
2015), in conjunction with
epidemiology studies (Villanueva et al.,
2007; Kogevinas et al., 2010; Cantor et
al., 2010), indicate that non-ingestion
routes of exposure (dermal and
inhalation) from some brominated DBPs
may play a significant role in
influencing increased bladder cancer
risk, and that there may be greater
concern about sub-populations with
certain genetic characteristics
(polymorphisms). EPA’s ‘‘Six-Year
Review 3 Technical Support Document
for Disinfectants/Disinfection
Byproducts Rules’’ (USEPA, 2016l)
characterizes the research that informs
the mode of action by which brominated
DBPs may be contributing to bladder
cancer.
While uncertainties remain regarding
the degree to which specific DBPs
contributed to the bladder cancer
incidence observed in epidemiology
studies, the collective data suggest a
stronger case for causality than when
the Stage 2 D/DBPR was promulgated
(Regli et al., 2015; USEPA, 2016l).
However, the Agency recognizes there
are also different perspectives on this
issue, including suggestions about areas
for additional research (Hrudey et al.,
2015).
Further, the Agency has identified
new information about health effects
from unregulated DBPs. This includes
health effects information on chlorate
and nitrosamines that, along with
occurrence/exposure information, was
previously noted in the Preliminary
Regulatory Determination 3 (79 FR
62715, USEPA, 2014b). The Agency is
considering the health effects of chlorate
and nitrosamines within the broader
context of the health effects of regulated
DBPs (USEPA, 2016k; 2016o).
EPA also identified information about
the relative cytotoxicity and
genotoxicity of many other unregulated
DBPs (Richardson et al., 2007;
Richardson et al., 2008; Plewa and
Wagner 2009; Plewa et al., 2010;
´
Fernandez et al., 2010; Richardson and
Postigo, 2011; Yang et al., 2014). Data
from in vitro mammalian cell testing,
which compared the cytotoxicity and
genotoxicity of iodinated, brominated,
and chlorinated DBPs, showed that the
iodinated DBPs (those containing
iodine) were generally more toxic than
the brominated DBPs (those containing
bromine), which were in turn more
toxic than the chlorinated DBPs (those
containing chlorine). Nitrogencontaining DBPs, including
haloacetonitriles, haloacetamides and
halonitromethanes, were more cytotoxic
and genotoxic than the haloacids and
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halomethanes that did not contain
nitrogen.
Approximately 40 new studies about
developmental/reproductive effects
have become available since the
development of the Stage 2 D/DBPR.
These studies address endpoints such as
fetal growth (low birth weight, small for
gestational age and pre-term delivery),
congenital anomalies and male
reproductive outcomes. These studies
continue to support a potential health
concern, though, as discussed above, the
relationship of DBP exposure to these
types of adverse outcomes may not be
well enough understood to permit
quantification of risks or benefits. A
recent ‘‘four-lab study’’ on the effects of
DBP mixtures on animals, conducted by
EPA researchers (Narotsky et al., 2011;
2013; 2015), suggests diminished
concern for many developmental/
reproductive endpoints.
EPA also examined data about health
effects for inorganic DBPs, including
information showing that the RSC for
chlorite could be lower than 80 percent
(which could potentially support
lowering the MCLG) because there is
more dietary exposure than previously
assumed due to the increased use of
chlorine dioxide and acidified sodium
chlorite as disinfectants in the
processing of foods (U.S. EPA, 2006e;
WHO, 2008). In addition, chlorate,
chlorite and chlorine dioxide may share
common health endpoints, namely
hematological and thyroid effects (Couri
and Abdel-Rahman, 1980; Bercz et al.,
1982; Moore and Calabrese, 1982;
Abdel-Rahman et al., 1984; Khan et al.,
2005; Orme et al., 1985; NTP, 2005;
USEPA, 2006e; WHO, 2008; Lee et al,
2013; Nguyen et al, 2014).
The Agency did not identify any
relevant data that suggest an
opportunity to revise the MCLG for
bromate, or the MRDLG for chlorine or
chloramines.
Analytical Feasibility
The Agency has not identified any
improvements to analytical feasibility
that could lead to improvements to the
NPDWRs included in the D/DBPRs.
Development of these rules was not
constrained by the availability of
analytical methods, and new EPAapproved methods that would revise
this finding have not been identified.
Should new, EPA-approved methods for
one or more D/DBPRs be identified, that
information might be able to help
inform potential future regulatory
development efforts.
Occurrence and Exposure
In this Six-Year Review evaluation of
D/DBP occurrence and exposure, EPA
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evaluated compliance monitoring
information collected under the SYR3
ICR, which was previously discussed in
Section V.B.4. EPA also evaluated
information from the DBP ICR database
(USEPA, 2000a) that had been used to
prepare the original D/DBPRs.
Additionally, EPA used data from the
third monitoring cycle of the
Unregulated Contaminant Monitoring
Rule (UCMR3) to evaluate chlorate
occurrence in 2013–2015, and data from
the UCMR2 to evaluate nitrosamine
occurrence in 2008–2010. This
information is briefly described below,
with additional information in EPA’s
‘‘Six-Year Review 3 Technical Support
Document for Disinfectants/Disinfection
Byproducts Rules’’ (USEPA, 2016l).
It is important to note that the
information collected through the SYR3
ICR spans the years 2006–2011. As
such, it primarily reflects occurrence
following the effective date for the Stage
1 D/DBPR, but prior to the effective date
for the Stage 2 D/DBPR. These
evaluations help to inform Six-Year
Review results but do not assess
compliance with regulatory standards.
New information since the
promulgation of the Stage 2 D/DBPR has
improved our understanding on DBP
formation and occurrence. As part of
this Six-Year Review, EPA has
identified literature describing more
than 600 specific DBPs that have been
found in drinking water (e.g.,
Richardson et al., 2007); these include
chlorinated, brominated and iodinated
DBPs, as well as nitrogenous
compounds. Additionally, EPA
identified literature on the sources of
precursors (both organic and inorganic),
as well as the influence that different
precursors have on DBP formation. For
example, some of this literature
discusses the extent to which
brominated or iodinated DBPs might
form as a result of source water bromide
or iodide concentrations (Nguyen et al.,
2005; Duirk et al, 2011; Lui et al., 2012;
Zhang et al., 2012; Callinan et al., 2013;
Emelko et al., 2013; Mikkelson et al.,
2013; Rice et al., 2013; Samson et al.,
2013; Rice and Westerhoff, 2014).
Overview of DBP Occurrence
EPA collected occurrence information
for THMs (includes TTHM along with
information on four individual species),
HAAs (includes HAA5 along with
information on five individual species),
bromate and chlorite as part of the SYR3
ICR.
Data from the SYR3 ICR show that
concentrations at or above the MCLs for
TTHM and HAA5 were found in many
surface water systems and, to a lesser
degree, in ground water systems.
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Approximately 32 percent of surface
water systems and five percent of
ground water systems reported at least
one instance of TTHM occurrence at a
concentration greater than or equal to
the MCL of 80 mg/L. For HAA5,
approximately 19 percent of surface
water systems and two percent of
ground water systems reported at least
one instance of occurrence at a
concentration greater than or equal to
the MCL of 60 mg/L. EPA anticipates
that many of these peak concentrations
will have been significantly lowered
based on implementation of the 2006
Stage 2 D/DBPR, which was designed,
in part, to lower such occurrences.
Approximately nine percent of
systems had one or more samples that
were greater than or equal to the
bromate MCL of 10 mg/L. Approximately
four percent of systems had one or more
samples that were greater than or equal
to the chlorite MCL of 1,000 mg/L.
The occurrence of six nitrosamine
species was evaluated by EPA using
data from the UCMR2. These data
showed elevated concentrations of
nitrosamines (relative to their health
reference levels) in multiple drinking
water systems, especially Nnitrosodimethylamine (NDMA) in
systems that use chloramines (USEPA,
2016o). The Agency is seeking public
comment regarding potential
approaches that provide enhanced
protection from health risks posed by
nitrosamines in drinking water systems.
The occurrence of chlorate was
evaluated by EPA using data from the
UCMR3 (USEPA, 2016j). These data
showed that chlorate levels above the
health reference level of 210 mg/L
occurred frequently in systems that use
hypochlorite, chlorine dioxide or
chloramines. In addition, EPA evaluated
the co-occurrence of chlorite and
chlorate and noted that these
contaminants often co-occur (USEPA,
2016k). The Agency is seeking public
comment regarding potential
approaches that provide enhanced
protection from health risks posed by
chlorite, chlorate and chlorine dioxide.
See Section VII for more information.
The American Water Works
Association (AWWA), through the
Water Industry Technical Action Fund
#266, conducted its own survey of postStage 2 D/DBPR occurrence for systems
that serve more than 100,000 people.
Results from the AWWA survey
(Samson, 2015) provide an overview of
DBP occurrence for 395 systems across
44 states, covering a time period from
1980 to 2015.
In December 2015, EPA issued a
proposal for the fourth cycle of the
UCMR (80 FR 76897, USEPA, 2015b).
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3535
That proposal includes provisions for
collection of data about unregulated
haloacetic acids and related precursors.
Such data would help EPA to develop
a better understanding of patterns of
occurrence for those contaminants.
Overview of Water Quality Indicator
Occurrence
The Stage 1 D/DBPR requires that
DBP precursors (measured as TOC) be
monitored in source and treated
drinking water. EPA evaluated
compliance monitoring data from
surface water systems for TOC in source
and treated water, using the SYR3 ICR
database. Data from 2011 showed that
approximately 70 percent of all plants
had average TOC concentrations greater
than 2 mg/L in their source water and
that approximately 29 percent of plants
had average TOC concentrations greater
than 2 mg/L in their treated water.
Under the Stage 1 D/DBPR, a system is
not required to further remove TOC
when its treated water TOC level, prior
to the point of continuous chlorination,
is less than 2 mg/L. The reader is
referred to later portions of this
document under ‘‘DBP Precursor
Removal’’ for information about EPA’s
evaluation of TOC data relative to the
Stage 1 D/DBPR TOC removal
requirement.
As discussed in the background
portion of this section, the D/DBPRs
require systems to maintain disinfectant
residual levels (reported as free and/or
total chlorine) in accordance with the
MRDL requirements. EPA evaluated free
and total chlorine measurements
(collected during coliform sampling)
from the SYR3 ICR database and found
that very few records exceeded 4.0 mg/
L (the MRDL for chlorine and
chloramine residuals). Additional
information is provided in ‘‘Six-Year
Review 3 Technical Support Document
for Disinfectants/Disinfection
Byproducts Rules’’ (USEPA, 2016l).
Treatment Feasibility
During the development of the Stage
1 and Stage 2 D/DBPRs, a variety of
technologies were evaluated for their
effectiveness, applicability, unintended
consequences and overall feasibility for
achieving compliance with the TT
requirements and MCLs, as well as
providing a basis for the BATs (63 FR
69390; 71 FR 388; USEPA, 1998b;
2005a; 2005g; 2006d; 2007b).
Since the Stage 2 D/DBPR, the Agency
has identified information that improves
our understanding of technologies
available for lowering occurrence of and
exposure to regulated and unregulated
DBPs. The information addresses the
full spectrum of drinking water system
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operations, including removal of organic
precursors to DBPs (measured as TOC),
disinfection practices, source water
management and localized treatment.
The information is briefly discussed
below, with additional information in
EPA’s ‘‘Six-Year Review 3 Technical
Support Document for Disinfectants/
Disinfection Byproducts Rules’’
(USEPA, 2016l). Overall, the
information collectively indicates that:
(1) Greater removals of DBP precursors
can and are being achieved compared to
the TT requirement under the Stage 1 D/
DBPR; and (2) occurrence of DBPs can
be further controlled.
DBP Precursor Removal
The SYR3 ICR database (USEPA,
2016i) includes paired source and
treated water TOC data. This
information was used to evaluate the
extent to which TOC was removed from
source waters (i.e., percent removal)
relative to the Stage 1 D/DBPR TOC
removal requirement (i.e., requirement
per the 3x3 matrix, which was
established based on three different
ranges of raw water TOC and alkalinity
levels, respectively). This TT
requirement is applicable to surface
water systems that have conventional
treatment plants, unless such systems
meet the alternative criteria (63 FR
69390, USEPA, 1998b). The analytical
results of TOC removal (i.e., comparing
TOC levels from source water to treated
water) can help to characterize national
treatment baselines among these
treatment plants.
The data show a wide range of
percent TOC removal for each
combination of raw water TOC and
alkalinity levels provided in the Stage 1
D/DBPR TT requirement. The data also
indicate that the mean removal for each
element of the 3x3 matrix was six to 19
percent greater than the requirement.
These observations are consistent with
the notion that ‘‘since the Stage 1 D/
DBPR does not require that all
coagulable dissolved organic matter be
removed, there is a potential for
additional removal of organic matter
beyond that required by the 3x3 matrix’’
(McGuire et al., 2014).
Some of the TOC removal greater than
the Stage 1 D/DBPR requirement may
reflect operational optimization of
conventional treatment, including use of
innovative coagulants/coagulant aids
and/or use of biofiltration (Yan et al.,
2008; Hasan et al., 2010; McKie et al.,
2015; Azzeh et al., 2015; Delatolla et al.,
2015; Pharand et al., 2015). Studies have
shown that biological filtration can also
reduce precursors of the DBPs other
than TTHM/HAA5 (Sacher et al., 2008;
´
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Krasner et al., 2015). As noted by
McGuire et al. (2014), if the removal of
precursors for DBPs other than TTHM/
HAA5 becomes part of the treatment
goals, then performance parameters in
addition to TOC may also be needed
(e.g., parameters indicating both
vulnerability and nitrosamine formation
potential).
As was known during development of
the Stage 1 and the Stage 2 D/DBPRs,
granular activated carbon (GAC) and
membranes can be added to existing
treatment trains to achieve additional
reductions of DBP formation potential.
One longstanding issue has been the
extent to which organic precursor
removal may cause a shift of chlorinated
species to more brominated species (as
described earlier in this Section under
the ‘‘Health Effects’’) when the bromide
level is relatively high in source water
(Summers et al., 1993; Symons et al.,
1993). The ICR Treatment Study
database (USEPA, 2000b) provides
extensive bench- and pilot-scale data by
which to evaluate the effects of GAC
and membrane removal of TOC and
resulting shifts in brominated THMs.
EPA’s recent analysis of these data
generally shows increased percent
reduction of brominated THMs as TOC
removal by GAC increases (e.g., from a
target effluent level of two mg/L to one
mg/L), especially for source waters with
high bromide concentrations (USEPA,
2016l). It also shows that bromoform
formation increases as bromide
concentrations increase and that
bromoform becomes the dominating
species when source water bromide
concentrations exceed 200 mg/L.
Disinfection Practices
Various combinations of disinfectants
and precursor removal processes have
been used to achieve DBP MCLs, while
also meeting the requirements of the
microbial standards. Data from
successive national drinking water
datasets (including the DBP ICR,
UCMR2 and UCMR3 datasets) show that
the percentage of systems using
disinfectants other than chlorine has
increased during the past two decades,
as had been forecasted in the ‘‘Economic
Analysis of Stage 2 D/DBPR’’ (USEPA,
2005a). For example, data from the
UCMR3 (2013–2015) and the DBP ICR
(1998) have shown a relative increase in
use of chloramines, which is associated
with the formation of nitrosamines, as a
disinfection practice.
EPA reviewed information related to
the extent to which different types of
DBPs may form when disinfectants are
applied at different points in the
treatment train and/or in combination
with other disinfectants. EPA
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recognized that the extent to which
occurrence and associated health effects
data may be lacking for one group of
DBP contaminants versus another, as
well as for DBP mixtures, may make
treatment decisions challenging when
trying to evaluate DBP risk tradeoffs.
Source Water Management
New information shows that source
waters with relatively elevated sewage
contributions have been associated with
increased nitrosamine formation
(Westerhoff et al., 2015; Krasner et al.,
2013) and that source waters with
elevated bromide levels from industrial
discharges have been associated with
increased brominated THMs (McTigue
et al., 2014; States et al., 2013). Such
factors as these impacts can increase the
challenge of controlling DBPs during
treatment and distribution. Weiss et al.
(2013) developed a model for making
source water selection decisions based
on real-time DBP precursor
concentrations.
Information shows that bank filtration
can reduce dissolved organic carbon
(DOC) and nitrogenous DBP precursors
(Brown et al., 2015; Krasner et al., 2015),
as well as removing pathogens (USEPA,
2016m).
Localized Treatment
Localized treatment in distribution
systems, such as aeration in storage
tanks, sometimes with the addition of
GAC, has also been shown to reduce
elevated levels of THMs (Walfoort et al.,
2008; Fiske et al., 2011; Brooke and
Collins, 2011; Johnson et al., 2009;
Duranceau, 2015). Aeration approaches
have been most successful in reducing
concentrations of chloroform and the
more volatile brominated species but
may have little impact on less volatile
species (Johnson et al., 2009;
Duranceau, 2015).
Risk-Balancing
The Agency has considered the riskbalancing aspects of the MDBP rules
and has determined that potential
revisions to the D/DBPRs could provide
greater protection of public health while
still being protective of microbial risks.
The risk-balancing activities considered
by the Agency include those between
the microbial and disinfection
byproduct rules, as well as those
between different groups of DBPs. This
includes risk-balancing for the THMs
and HAAs included in the D/DBPRs,
additional brominated HAAs,
nitrosamines identified in the Federal
Register document for the Preliminary
Regulatory Determination 3 (79 FR
62715, USEPA, 2014b) and other DBP
groups such as iodinated DBPs. It also
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includes risk-balancing for inorganic
DBPs such as chlorite and chlorate (79
FR 62715, USEPA, 2014b).
Potential revisions could offer
enhanced protection from both
regulated and unregulated DBPs.
Potential revisions that consider areas
such as further constraints on
precursors, and/or more targeted
constraints on precursors (e.g., based on
watershed vulnerabilities), could
minimize the formation of harmful
DBPs without compromising protection
against microbial risks. These potential
revisions were identified based on a
preliminary, qualitative assessment; it is
important to note that further
assessment would be an important
component of any further rulemaking
activities. For example, a watershed
vulnerability characterization that
includes information about wastewater
(i.e., sewage) contributions, land use
(point/non-point sources of pollution),
and streamflow variations over time (for
example, sewage contributions during
low flow conditions), could help to
inform considerations about DBP
formation potentials and possible
control strategies.
The Agency is seeking public
comment regarding potential revisions
to D/DBPR. See Section VII for more
information. Further discussion about
potential revisions to existing D/DBPRs
will occur as part of a separate
regulatory development process.
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Other Regulatory Revisions
In addition to evaluating information
about health effects, analytical
feasibility, occurrence and exposure,
treatment feasibility and risk-balancing
related to the NPDWRs included in the
D/DBPRs, EPA considered whether
other regulatory revisions are needed,
such as revisions to monitoring and
system reporting requirements, as a part
of the Six-Year Review 3. EPA used the
protocol to evaluate which of these
implementation issues to consider
(USEPA, 2016f). As with the Chemical
Phase Rules/Radionuclides Rules, EPA
shared the list of identified potential
implementation issues with the ASDWA
to obtain input from state drinking
water agencies concerning the
significance and relevance of the issues
(ASDWA, 2016). Implementation issues
will be considered as part of the
activities associated with potential
future rulemaking efforts; some of these
might be addressed through regulatory
revision or clarification, while others
might be handled through guidance.
Examples of implementation-related
considerations include the following:
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Stage 2 D/DBPR Consecutive System
Monitoring
Monitoring in some combined
distribution systems may be insufficient
to adequately characterize DBP
exposure. Some large, hydraulically
complex combined water distribution
systems may be conducting monitoring
that is not adequate to characterize
exposure throughout the distribution
system.
Stage 2 D/DBPR Compliance
Monitoring—Chlorine Burn
Compliance monitoring for DBPs in
some systems may not fully capture
DBP levels to which customers may be
exposed during certain portions of the
year. Systems that use chloramines as a
residual disinfectant (generally as part
of a compliance strategy to meet DBP
MCLs) often temporarily switch to free
chlorine as the residual disinfectant for
a period (from two to eight weeks) in
order to control nitrification in the
distribution system. This practice is
commonly called a ‘‘chlorine burn.’’
During the chlorine burn, higher levels
of DBPs are expected to be formed.
Systems often conduct their compliance
monitoring outside of the chlorine burn
period; and therefore, potentially higher
TTHM and HAA5 levels may not be
included in compliance calculations.
4. Microbial Contaminants Regulations
Background
Except for the 1989 Total Coliform
Rule, which was reviewed under the
Six-Year Review 1, this is the first time
EPA is conducting a Six-Year Review of
the following microbial contaminant
regulations:
• Surface Water Treatment Rule
(SWTR),
• Interim Enhanced Surface Water
Treatment Rule (IESWTR),
• Long Term 1 Enhanced Surface
Water Treatment Rule (LT1),
• Long Term 2 Enhanced Surface
Water Treatment Rule (LT2),
• Filter Backwash Recycling Rule
(FBRR), and
• Ground Water Rule (GWR).
As discussed in Section V, the Initial
Review branch of the protocol identifies
NPDWRs with recent or ongoing actions
and excludes them from the review
process to prevent duplicative agency
efforts. The cutoff date for the NPDWRs
reviewed under the Six-Year Review 3
was August 2008. Based on the Initial
Review, EPA excluded the Aircraft
Drinking Water Rule, which was
promulgated in 2009, and the Revised
Total Coliform Rule (RTCR) (the
revision of the 1989 TCR), which was
promulgated in 2013.
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In this document, the SWTR, the
IESWTR and the LT1 are collectively
referred to as the SWTRs because of the
close association among the three rules
(IESWTR and LT1 were amendments to
the SWTR—additional information
provided in Section VI.B.4.a). The LT2
is discussed separately in this document
because EPA reviewed the LT2 in
accordance with the Six-Year Review
requirements and the Executive Order
13563 ‘‘Improving Regulation and
Regulatory Review’’ (also known as
Retrospective Review). Background
information on each of the microbial
contaminants regulations is presented in
the subsequent sections.
The microbial contaminants
regulations establish treatment
technique (TT) requirements in lieu of
MCLs. The review elements of the
microbial contaminants regulations are:
initial review, health effects, analytical
feasibility, occurrence and exposure,
treatment feasibility, risk-balancing and
other regulatory revisions.
At this time, the SWTRs are being
identified as a candidate for regulatory
revision, but the LT2, the FBRR and the
GWR are not. A summary of review
findings of each rule is described in the
subsequent sections. Additional
information is provided in the ‘‘Six-Year
Review 3 Technical Support Document
for Microbial Contaminant Regulations’’
(USEPA, 2016n) and the ‘‘Six-Year
Review 3 Technical Support Document
for Long-Term 2 Enhanced Surface
Water Treatment Rule’’ (USEPA,
2016m).
a. SWTRs
Background
EPA promulgated the SWTR in June
1989. It requires all water systems using
surface water sources or ground water
under the direct influence of surface
water (GWUDI) sources (also known as
Subpart H systems) to remove (via
filtration) and/or inactivate (via
disinfection) microbial contaminants
(54 FR 27486, USEPA, 1989). Under the
SWTR, EPA established NPDWRs for
Giardia, viruses, Legionella, turbidity
and heterotrophic bacteria and set
MCLGs of zero for Giardia lamblia,
viruses and Legionella. Under the
IESWTR (63 FR 69477, USEPA, 1998c)
and the LT1 (67 FR 1812, USEPA,
2002c), EPA established an NPDWR for
Cryptosporidium and set an MCLG of
zero.
The SWTRs established TT
requirements in lieu of MCLs in these
NPDWRs. The 1989 SWTR established
TT requirements for systems to control
G. lamblia by achieving at least 99.9
percent (3-log) removal/inactivation by
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filtration and/or disinfection, and to
control viruses by achieving at least
99.99 percent (4-log) removal/
inactivation (54 FR 27486, USEPA,
1989). For a few systems able to meet
source water criteria and site-specific
conditions (e.g., protective watershed
control program and other conditions),
they were permitted to achieve the TT
requirements by using disinfection only.
The SWTR also established TT
requirements for disinfectant residuals
(54 FR 27486, USEPA, 1989). The
residual disinfectant concentration at
the entry point to the distribution
system may not be less than 0.2 mg/L
for more than four hours. The residual
disinfectant concentration in the
distribution system ‘‘cannot be
undetectable in more than 5 percent of
the samples each month, for any two
consecutive months that the system
serves water to the public.’’ (40 CFR
141.72). A detectable residual may be
established by: (1) an analytical
measurement or (2) having a
heterotrophic bacteria concentration
less than or equal to 500 per mL
measured as heterotrophic plate count
(HPC). The purpose of these disinfectant
residual requirements was to:
• Ensure that the distribution system
is properly maintained and identify and
limit contamination from outside the
distribution system when it might
occur,
• Limit growth of heterotrophic
bacteria and Legionella within the
distribution system, and
• Provide a quantitative limit, which
if exceeded would trigger remedial
action.
The SWTR also established sanitary
survey requirements. The purpose of the
sanitary survey requirements, which
include consideration of distribution
system vulnerabilities, is to identify
water system deficiencies that could
pose a threat to public health and to
permit correction of such deficiencies.
As part of the development of the
SWTR, EPA needed to clarify which
systems would be regulated under
Subpart H. In particular, EPA needed to
clarify when systems that could be
considered as ground water systems
were more appropriate to regulate as
surface water systems (for example,
systems where the drinking water intake
was in a riverbed, not in the river).
Thus, to identify a system as either
ground or surface water, the SWTR
defined ‘‘ground water under the direct
influence of surface water (GWUDI).’’
GWUDI is any water beneath the surface
of the ground with: (1) significant
occurrence of insects or other
macroorganisms, algae or large-diameter
pathogens such as Giardia lamblia, or
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(2) significant and relatively rapid shifts
in water characteristics such as
turbidity, temperature, conductivity or
pH that closely correlate to
climatological or surface water
conditions. The final SWTR defined
GWUDI as being regulated as surface
waters because Giardia contamination
of infiltration galleries, springs and
wells have been found (Hoffbuhr et al.,
1986; Hibler et al., 1987). Some
contamination of springs and wells have
resulted in giardiasis outbreaks (Craun
and Jakubowski, 1986). Direct influence
was to be determined for individual
sources in accordance with criteria
established by the state (54 FR 27486,
USEPA, 1989). The GWUDI designation
identifies PWSs using ground water that
must be regulated as if they are surface
water systems. All other PWSs using
ground water are regulated by the GWR.
Surface water and GWUDI systems
use concentration x time (CT) tables
published by EPA to determine loginactivation credits for the use of a
disinfectant to meet the disinfection TT
requirements. The ‘‘SWTR Guidance
Manual’’ provides CT tables for Giardia
and virus inactivation by free chlorine,
chloramines, ozone and chlorine
dioxide (USEPA, 1991). EPA obtained
these CT values from bench-scale
experiments with hepatitis A virus
(HAV).
The IESWTR applies to all PWSs
using surface water, or GWUDI, which
serve 10,000 or more people. The
IESWTR established TT requirements
for Cryptosporidium by requiring
filtered systems to achieve at least a 99
percent (two-log) removal, revising the
definition of GWUDI and watershed
control program under the SWTR to
include Cryptosporidium, requiring
sanitary surveys for all surface water
and GWUDI systems, and setting
disinfection profiling and benchmarking
requirements to prevent increases in
microbial risk while systems complied
with the Stage 1 D/DBPR. The LT1 (67
FR 1812, USEPA, 2002c) extended the
requirements from the IESWTR to
systems serving fewer than 10,000
people.
Summary of Review Results
EPA identified the following NPDWRs
under the SWTR as candidates for
revision under the Six-Year Review 3
because of the opportunity to further
reduce residual risk from pathogens
(including opportunistic pathogens such
as Legionella) beyond the risk addressed
by the current SWTR:
• Giardia lamblia,
• heterotrophic bacteria,
• Legionella,
• viruses, and
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• Cryptosporidium (also under
IESWTR and LT1).
This result is based on a scientific
review of available information,
following the protocol described in
Section V. Based on the availability of
new information, the review focused on
the following major provisions of the
SWTRs:
• Requirements to maintain a
minimum disinfectant residual in the
distribution system,
• GWUDI classification, and
• CT criteria for virus disinfection.
Collectively, the new information
suggests an opportunity to revise the TT
provisions of the SWTRs to provide
greater protection of public health. More
detailed information about the review
results related to the major provisions of
the SWTRs is provided in the following
subsections.
Requirements To Maintain a Minimum
Disinfectant Residual in the Distribution
System
EPA evaluated information related to
the maintenance of a minimum
disinfectant level in the distribution
system and determined that there is an
opportunity to reduce residual risk from
pathogens (includes opportunistic
pathogens such as Legionella) beyond
the risk addressed by the SWTRs. The
detectable concentration of disinfectant
residual in the distribution system may
not be adequately protective of
microbial pathogens because of
concerns about analytical methods and
the potential for false positives
(Wahman and Pressman, 2015;
Westerhoff et al., 2010). Maintaining a
disinfectant residual above a set
numerical value in the distribution
system may improve public health
protection from a variety of pathogens.
Such a change could have benefits for
controlling occurrence of all types of
pathogens in distribution systems,
except for those most resistant to
disinfection, such as Cryptosporidium.
Given our understanding of the
distribution system vulnerabilities (e.g.,
NRC, 2006b), there may be
opportunities to enhance the criteria for
indicating distribution system integrity,
as well as the potential health risk that
may be associated with pathogens
potentially growing and released from
biofilms. These opportunities include
revisiting the distribution system
disinfectant residual criteria and
revisiting the existing alternative HPC
criteria. The NRC report (2006b)
describes that water quality integrity is
an important factor that water
professionals must take into account for
the protection of public health, and that
the sudden loss of disinfectant residuals
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can indicate a change in water quality
or system characteristics. However, the
report was inconclusive on the level of
disinfectant residual that should be
provided in distribution systems.
GWUDI Classification
EPA reviewed information on disease
outbreaks, a randomized controlled
intervention study, pathogenic
protozoan occurrence data and studies
evaluating parasitic protozoan removal
surrogates and hydrogeologic studies,
all of which were completed since the
SWTR was published. The information
suggests that there is an opportunity to
provide greater public health protection
by improved identification of
unrecognized GWUDI PWSs. The data
suggest that the SWTR regulation and
guidance has performed well in
identifying GWUDI for the PWS systems
most at risk from Giardia and
Cryptosporidium presence in ground
water. However, the information (e.g.,
Colford et al., 2009) suggests that a
subset of GWUDI systems are also at risk
but are potentially misclassified as
ground water systems, and therefore,
not subject to requirements that provide
protection against parasitic protozoans.
Improved public health protection may
result if there is improved recognition of
GWUDI systems, including those that
may disinfect but do not provide
engineered filtration or have not
conducted a demonstration of
performance to document the necessary
Cryptosporidium alternative treatment
and removal required under the LT2.
The potential public health
improvement is most relevant to those
systems that have a large surface water
component and poor subsurface
removal capabilities but are not yet
recognized as GWUDI and warrants
further examination in any rulemaking
activities.
EPA suggests that the number of
potentially misclassified GWUDI PWSs
may be estimated by: (1) waterborne
disease outbreak compilations, (2) the
UCMR3 occurrence data (aerobic spore
detections and concentrations), and (3)
the SYR2 ICR and the SYR3 ICR (total
coliform detections). EPA’s preliminary
characterization of the number of the
potentially misclassified GWUDI PWSs
is described in the ‘‘Six-Year Review 3
Technical Support Document for
Microbial Contaminant Regulations’’
(USEPA, 2016n).
CT Criteria for Virus Disinfection
EPA evaluated whether the current
CT criteria based on hepatitis A virus
(HAV) are sufficiently protective against
other types of viruses. EPA reviewed
disinfection studies relevant to the CT
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tables published in the ‘‘1991 SWTR
Guidance Manual’’ (USEPA, 1991). Over
the years, many studies have indicated
that HAV is less chlorine-resistant than
some enteroviruses, such as Coxsackie
virus B5 (Black et al., 2009; Cromeans
et al., 2010; Keegan et al., 2012), and
also less chloramine-resistant than
adenovirus (Sirikanchana et al., 2008;
Hill and Cromeans, 2010). Based on this
review, EPA identified a potential need
to update CT values for virus
inactivation by free chlorine or
chloramines, particularly for water with
a relatively high pH. This assessment is
also relevant to the LT2 and the GWR,
which refer to the same CT tables in the
original ‘‘1991 SWTR Guidance
Manual.’’
Health Effects
This section summarizes EPA’s
review of the information related to
human health risks from exposure to
microbial contaminants in drinking
water. EPA evaluated whether any new
toxicological data, or waterborne
endemic infection or infectious disease
information, would justify modifying
the MCLGs. EPA reviewed information
that included data from the Waterborne
Disease and Outbreak Surveillance
System (WBDOSS) collected by the
Centers for Disease Control and
Prevention (CDC) (https://www.cdc.gov/
healthywater/surveillance/drinkingsurveillance-reports.html) and other
available data that documents drinking
water-associated outbreaks.
MCLGs
The SWTRs set MCLGs of zero for
Giardia lamblia, viruses,
Cryptosporidium, and Legionella since
any exposure to these microbial
pathogens presents a potential health
risk. In the Six Year Review 3, EPA did
not identify new information related to
potentially revising these MCLGs. New
dose-response data from some
waterborne pathogens are available from
both human and animal exposure
studies (Teunis et al., 2002a; 2002b;
Armstrong and Haas, 2007; 2008; Buse
et al., 2012). Concurrently, new models
seek to use the new data to provide
improved infectivity, morbidity and
mortality predictions (Messner et al.,
2014; USEPA, 2016m). The newer
models are specifically designed to
address low dose exposure typical of
drinking water rather than high dose
exposure typical of food ingestion or
vaccine studies.
Waterborne Disease Outbreaks
Associated With Drinking Water
EPA reviewed information from the
Waterborne Disease and Outbreaks
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Surveillance System about the
occurrences and causes of drinking
water-associated outbreaks. This
surveillance system is the primary
source of data concerning such
outbreaks in the U.S. (Beer et al., 2015).
The drinking water-associated outbreak
data from 1971–2012 illustrate that
there is an observable reduction of
reported outbreaks over that time frame,
which may be, at least in part, due to
the implementation of the TCR and the
SWTR beginning in 1991.
Although the historic number of
drinking water-associated outbreaks is
declining, CDC notes that the level of
surveillance and reporting activity, as
well as reporting requirements, varies
across states and localities. For these
reasons, outbreak surveillance data
likely underestimate actual values, and
should not be used to estimate the total
number of outbreaks or cases of
waterborne disease (Beer et al., 2015).
Deficiencies at private wells and
premise plumbing systems are
increasingly responsible for disease
outbreaks associated with drinking
water (Beer et al., 2015). Premise
plumbing is the portion of the
distribution system from the water
meter to the consumer tap in homes,
schools, and other buildings (NRC,
2006b). In 2011–2012, the two most
frequent deficiencies related to
drinking-water-associated outbreaks
were Legionella in premise plumbing
systems (66 percent) and untreated
ground water (13 percent) (Beer et al.,
2015).
In addition to epidemic illness,
sporadic illness (i.e., isolated cases not
associated with an outbreak) accounts
for an unknown but probably significant
portion of waterborne disease and is
more difficult to recognize (71 FR
65573, USEPA, 2006b).
Collectively, the data indicate that
outbreaks associated with drinking
water may have been reduced as a result
of drinking water regulations. However,
opportunities remain to address disease
outbreaks associated with distribution
systems and untreated ground water
and, at the same time, to potentially
address some of the waterborne disease
outbreaks associated with little to no
disinfectant residual in the distribution
system (Geldreich et al., 1992; Bartrand
et al., 2014).
The precise burden of disease is not
well quantified. Five primarily
waterborne diseases (giardiasis,
cryptosporidiosis, Legionnaires’ disease,
otitis externa, and non-tuberculous
mycobacterial infection) were
responsible for over 40,000
hospitalizations per year at a cost of
nearly $1 billion per year (Collier et al.,
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2012). Given this information, there are
opportunities for substantial cost
savings if such incidence can be
reduced through better risk
management. Most of these costs are
attributed to Legionella and nontuberculous mycobacteria. These
bacteria can proliferate under favorable
conditions at locations in the premise
plumbing and in some parts of the
distribution system that are further from
the central parts of the system, where
water has aged the longest and where
there may be very little to no
disinfectant residual. Further, the
quality of the water delivered to
building systems and households can
affect these pathogens’ ability for growth
and disease transmission. There are
opportunities to enhance the current
disinfectant residual requirements to
more effectively kill pathogens or
contain their growth, and to better
indicate, through a stronger signal of the
absence of a residual, when targeted
improvements to treatment practices or
distribution conditions may provide
greater public health protection.
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GWUDI-Related Disease Outbreaks
Wallender et al. (2014) summarized
CDC outbreak data for the years 1971–
2008 and determined that GWUDI was
a ‘‘contributing factor’’ in 11 percent
(six percent with Giardia etiology) of all
outbreaks using untreated ground water.
The total number of untreated ground
water outbreaks during this time period
was 248. Three quarters of the outbreaks
involved PWSs. These findings indicate
that some of the ground water systems
examined by CDC that are not currently
required to disinfect are contaminated
with pathogens. Reclassifying these
potentially ‘‘unrecognized’’ GWUDI
PWSs may provide greater public health
protection against microbial
contamination because these PWSs
would be subject to stricter
requirements. As an example, a 2007
outbreak of giardiasis occurred in a New
Hampshire community (205 homes)
using untreated ground water (Daly et
al., 2010). This GWUDI
misclassification-related outbreak was
the largest giardiasis drinking waterassociated outbreak in the preceding 10
years.
Randomized Controlled Intervention
Study
A randomized, controlled, tripleblinded drinking water intervention
study was conducted in Sonoma
County, California (Colford et al., 2009).
The purpose of the study was to
determine the proportion of acute
gastrointestinal illnesses (AGI)
attributable to drinking water. Sonoma
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County obtained water from five
horizontal collector wells along the
Russian River, four regulated as ground
water and one regulated as GWUDI (part
of the year). Colford et al. (2009) found
that highly credible AGI in the
population aged 55 and over was
attributable to drinking water exposure.
Illness occurred even though the water
utility met all federal, state and local
drinking water regulations.
Pathogenic Protozoa Occurrence in
Ground Water
In a karst aquifer in France, 18 ground
water samples were taken from the
Norville (Haute-Normandie) public
water supply well (5,000 customers,
chlorine treatment) and tested for
Cryptosporidium oocysts. Thirteen of
the 18 samples were found to be
Cryptosporidium positive by solidphase cytometry; the maximum
concentration was four oocyst per 100 L
(Khaldi et al., 2011). These data show
that Cryptosporidium in karst ground
water includes, for some highly
vulnerable systems, Cryptosporidium
occurrence resulting from poor
Cryptosporidium removal during
infiltration from the surface rather than
poor removal during induced
infiltration from nearby surface water.
Because the SWTR definition assumes
that all Cryptosporidium in PWS wells
is transported from adjacent surface
water, it is silent on the issue of
Cryptosporidium transport directly from
the surface, as apparently was the case
in Norville, France. Karst aquifers are a
vital ground water resource in the U.S.
According to the USGS, about 40
percent of the ground water used for
drinking water comes from karst
aquifers (USGS, 2004).
Analytical Feasibility
Analytical Methods for Chlorine
Residuals
Because of concerns about analytical
methods and the potential for false
positives, the detectable concentration
of disinfectant residuals in the
distribution system may not be
adequately protective of microbial
pathogens. To further inform these
concerns, EPA reviewed analytical
methods that have been approved for
free chlorine, total chlorine and chlorine
dioxide under the SWTR and the
D/DBPRs. Nearly all utilities use either
the DPD (N,N-diethyl-pphenylenediamine) or amperometric
titration methods to measure
distribution system disinfectant
residual, and these measurements are
generally performed in the field
(Wahman and Pressman, 2015). A
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number of constituents can interfere
with measurements of disinfectant
residuals. In general, most strong
oxidants will interfere with
measurement of chlorine. In addition,
color, turbidity and particles will also
interfere with colorimetric techniques
such as DPD.
For some systems using chloramines
(a mixture of biocidal inorganic
chloramines, of which monochloramine
is the most effective), the presence of
organic chloramines can be problematic
since these related compounds have
minimal biocidal properties, they can
interfere with residual monitoring, and
they can give the false impression that
the finished water contains more active
disinfectant than is actually present
(Wahman and Pressman, 2015;
Westerhoff et al., 2010). Organic
chloramines will continue to form in the
distribution system while inorganic
chloramines decay, and thus areas of the
distribution system with relatively high
water ages may have residuals
containing a significant amount of
organic chloramines (Wahman and
Pressman, 2015).
In addition, EPA reviewed research
published regarding potential
improvements to methods or
technologies used in the determination
of free or total chlorine (Dong et al.,
2012; Tang et al., 2014; Saad et al.,
2005). Analytical methods that can
measure inorganic chloramines without
the organic chloramine interferences are
available, but not approved for
determining compliance with NPDWRs.
Field test kits based on the indophenol
method are available that can
specifically measure monochloramine
without inclusion of mass from
dichloramine or organic chloramines
(Lee et al., 2007).
Use of Aerobic Spores as Pathogenic
Protozoa Surrogates
EPA’s existing microbial
contaminants regulations require
monitoring of pathogenic protozoa in
source water (e.g., Cryptosporidium)
and microorganisms that indicate a
possible pathway for contamination
(e.g., total coliform, E. coli). In this SixYear Review, EPA evaluated additional
microorganisms that could be used to
identify PWSs most at risk from
Cryptosporidium in ground water. New
data suggest that aerobic spores are
useful surrogates for Cryptosporidium
occurrence and removal. Aerobic spores
originate in shallow soil. The spore
presence in a sample from a PWS well
indicates that there is a pathway for
water infiltration into the well, either
vertically from the surface or
horizontally from nearby surface water.
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EPA previously used aerobic spores as
surrogate measures of Cryptosporidium
removal by alternative treatment in a
demonstration of field performance
(USEPA, 2010f). Field demonstrations
showed that the spores performed well
in demonstrating two-log removal of
Cryptosporidium at Casper, Wyoming,
and Kennewick, Washington (USEPA,
2010f). Spores also performed well in
demonstrating that a Nebraska PWS was
unable to achieve better than two-log
removal of Cryptosporidium, and that
UV or other engineered treatment would
be required (State of Nebraska, 2013).
Headd and Bradford (2015) summarized
the relevant scientific literature,
conducted spore and Cryptosporidium
laboratory experiments, and performed
porous media transport modeling. They
found that spores are suitable
Cryptosporidium surrogates in ground
water. These new data suggest that
aerobic spores are useful as surrogates
for Cryptosporidium removal estimates
via subsurface passage (USEPA, 2010f)
and may be useful as supplemental
surrogates to improve recognition of
GWUDI systems.
Locas et al. (2008) found that aerobic
spores were present in six of nine wells
sampled in Quebec, Canada, and in 45
of 109 samples taken. The authors
conclude that aerobic spore presence is
an indicator of a change in water quality
and warrants further investigation to
determine the source of potential
contamination.
In EPA’s investigation of virus
occurrence in untreated PWS wells
under the UCMR3, 252 of 793 wells (317
of 1,047 samples) were positive for
aerobic spores (USEPA, 2016j).
Measured concentrations spanned three
orders of magnitude, with about three
percent having over 100 spore-forming
units per 100 ml). Because aerobic
spores originating in soil are found in
GWUDI and ground water PWS wells,
the UCMR3 data suggest that aerobic
spores could be used as an indicator of
the susceptibility of PWS wells to
surface water infiltration. Together with
other indicators and/or parasitic
protozoa data from PWS wells, newer
methods including spores (occurrence,
concentration, and/or removal
estimates) might be useful in identifying
unrecognized GWUDI PWS wells. The
LT2 Toolbox Guidance Manual
identified aerobic spores as the
indicator to determine Cryptosporidium
removal for systems using bank
filtration for LT2 additional treatment
requirements (USEPA, 2010f).
Occurrence and Exposure
Coliform and/or E. coli occurrence
can be an indication of conditions
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supporting bacterial growth or an
intrusion event into the distribution
system. On the other hand, the absence
of coliforms and/or E. coli does not
necessarily mean the absence of
pathogens that are more resistant to the
disinfectant residual. Detection of
coliform bacteria is commonly
associated with low distribution system
disinfectant residuals. According to
LeChevallier et al. (1996), disinfectant
residuals of 0.2 mg/L or more of free
chlorine, or 0.5 mg/L or more of total
chlorine, are associated with reduced
levels of coliform bacteria.
To assess the relationship between
disinfectant residual and occurrence of
indicators for pathogens in distribution
systems, EPA evaluated information
about chlorine residuals and total
coliforms and E. coli (TC/EC) using
compliance monitoring data from the
SYR3 ICR database. EPA paired TC/EC
results with field chlorine residual data
collected at the same time and location.
It is important to note that these
evaluations help to inform the SYR3
results, but do not assess compliance
with regulatory standards.
EPA found that there was a lower rate
of occurrence of both TC and EC as the
free or total chlorine residual increased
to higher levels (note: total chlorine is
often used as a measure for systems that
use chloramines). For example, the TC
positive rate was less than one percent
when chlorine residuals were equal to
or greater than 0.2 mg/L of free chlorine
or 0.5 mg/L of total chlorine. This
relationship between chlorine residuals
and occurrence of TC and EC was
similar to that reported by the Colorado
Department of Public Health and
Environment (Ingels, 2015).
A disinfectant residual also serves as
an indicator of the effectiveness of
distribution system best management
practices. Best management practices
include flushing, storage tank
maintenance, cross-connection control,
leak detection and effective pipe
replacement and repair practices. The
effective implementation of best
management practices helps water
suppliers to lower chlorine demand and
maintain an adequate disinfectant
residual throughout the distribution
system. These same practices can also
help control DBP formation.
Treatment Feasibility
EPA reviewed new information
related to the TT requirements in the
SWTR and identified the following
treatment-related topics that support
potential revisions to the SWTRs to
improve public health protection:
• Detectable residual for systems
using chloramine disinfection,
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3541
• State implementation of
disinfection residual requirements,
• Disinfectant residuals for control of
Legionella in premise plumbing
systems,
• HPC alternative to detectable
residual measurement, and
• CT criteria for viruses.
In addition, EPA reviewed key
findings by the Research and
Information Collection Partnership
(RICP) on drinking water distribution
system issues and research and
information needs. The RICP is a
working group formed on the
recommendation of the Total Coliform
Rule Distribution System Advisory
Committee to identify specific highpriority research and information
collection activities and to stimulate
water distribution system research and
information collection (USEPA, 2008b;
USEPA and Water Research Foundation,
2016).
Detectable Residual for Systems Using
Chloramine Disinfection
As discussed in the background
portion of this section, for surface water
systems or GWUDI systems, the SWTR
requires that a disinfectant residual
cannot be undetectable in more than
five percent of samples each month for
any two consecutive months.
EPA identified two issues that have
implications for the protectiveness of
allowing a detectable residual as a
surrogate for bacteriological quality:
Organic chloramines and nitrification.
Organic chloramines affect the
effectiveness of disinfectant residuals
because they: (1) Form during the use of
free chlorine or chloramines, (2)
interfere with commonly used analytical
methods for free and total chlorine
measurements, and (3) are poor
disinfectants compared to free chlorine
and monochloramine (Wahman and
Pressman, 2015).
Because chloramination involves
introduction of ammonia into drinking
water, and decomposition of
chloramines can further release
ammonia in the distribution system,
chloramine use comes with the risk of
distribution system nitrification (i.e., the
biological oxidation of ammonia to
nitrite and eventually nitrate). Drinking
water distribution system nitrification is
undesirable and can result in water
quality degradation. Information shows
that maintaining a high enough level of
total chlorine or monochloramine
residuals in the distribution system can
help prevent both nitrification and
residual depletion (Stanford et al, 2014).
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State Implementation of Disinfectant
Residual Requirements
States may adopt federal drinking
water regulations or promulgate more
stringent drinking water requirements,
including those for disinfectant
residuals. Preliminary information
shows that 26 states require a detectable
disinfectant residual in the distribution
system. Twenty of these 26 states
require a minimum free chlorine
residual of 0.2 mg/L or more (Ingels,
2015; Wahman and Pressman, 2015).
Five of the 20 states set standards even
more stringent than 0.2 mg/L: Louisiana
requires at least 0.5 mg/L free chlorine
in its emergency rule, while Florida,
Illinois, Iowa, and Delaware require 0.3
mg/L. For minimum total chlorine
residual, state requirements vary from
0.05 mg/L (New Jersey) to 1.00 mg/L or
higher (Kansas, Oklahoma, Iowa, Ohio,
and North Carolina). North Carolina has
a numeric requirement for total chlorine
residual but not for free chlorine
residual.
Colorado has amended its minimum
disinfectant residual requirements in
the distribution system to be greater
than or equal to 0.2 mg/L, effective
April 1, 2016 (Ingels, 2015).
Pennsylvania recently proposed to
strengthen its disinfectant residual
requirements by increasing the
minimum disinfectant residual in the
distribution system to 0.2 mg/L free or
total chlorine (Pennsylvania Bulletin,
2016). Louisiana’s Emergency
Distribution Disinfectant Residual Rule
was established in 2013 to control
Naegleria fowleri, an amoeba found in
several PWSs. That rule requires a
minimum free or total chlorine
disinfectant level of 0.5 mg/L to be
maintained at all times in finished water
storage tanks and the entire distribution
system (Louisiana Department of Health
and Hospitals, 2013). The state agency
intends to continue to renew the
Emergency Rule until a final rule can be
promulgated (Louisiana Department of
Health and Hospitals, 2014).
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Disinfectant Residuals for Control of
Legionella in Premise Plumbing Systems
Since the reporting of disease
outbreaks due to Legionella began in
2001, Legionella has been shown to
cause more drinking-water-related
outbreaks than any other
microorganism. Addressing premise
plumbing issues is particularly
challenging. Premise plumbing may be
largely outside of water utilities’
operations and management control.
Also, the characteristic features of
premise plumbing (e.g., low
disinfectants residuals, stagnation, and
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warm temperature) tend to support
growth and persistence of opportunistic
pathogens.
Studies indicate that distribution
systems can play a role in influencing
the transmission and contamination of
Legionella in premise plumbing systems
(Lin et al., 1998; States et al., 2013).
Hospitals served by PWSs using
chloramines reported fewer outbreaks of
legionellosis than those using free
chlorine (Kool et al., 1999; Heffelginger
et al., 2003). Some building systems
supplied by PWSs which have switched
to chloramines have seen marked
reduction in the colonization of
Legionella (Flannery et al., 2006; Moore
et al., 2006). One implication of these
studies is the importance of being able
to reliably measure and sustain
chloramine residuals to increase the
likelihood of its effectiveness at
controlling Legionella in premise
plumbing systems. On the other hand,
some studies have indicated that the
occurrence of another pathogen, nontubercular Mycobacterium, may increase
under chloramination conditions (Pryor
et al., 2004; Moore et al., 2006; Duda et
al., 2014).
Legionella species can multiply in
warm, stagnant water environments,
such as in community water storage
tanks with low disinfectant residuals
during warm months. Cohn et al. (2014)
observed increased incidence of
legionellosis among institutions and
private homes near a community water
storage tank when the disinfectant
residual in the storage tank dropped
(from greater than 0.2 mg/L to less than
0.2 mg/L) during hot summer months.
Based on these findings, the authors
recommended that, regardless of total
coliform occurrence, remedial actions
be taken (e.g., flushing of mains,
checking for closed valves that can
result in hydraulic dead-ends, and
possibly installing re-chlorination
stations) when low chlorine residuals
are observed during hot summer
months. They also noted that this
storage tank had been cleaned
subsequent to the outbreak (Cohn et al.,
2014; Ashbolt, 2015).
To help address concerns about
Legionella, EPA developed a document
entitled ‘‘Technology for Legionella
Control in Premise Plumbing Systems:
Scientific Literature Review’’ (USEPA,
2016r). The document summarizes
information about the effectiveness of
different approaches to control
Legionella in a building’s premise
plumbing system. EPA expects that use
of this document will further improve
public health by helping primacy
agencies, facility maintenance operators,
and facility owners make science-based
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risk management decisions regarding
treatment and control of Legionella in
buildings.
EPA also reviewed the scientific
literature on the effectiveness of
disinfectant residuals at controlling
biofilm growth. Many factors influence
the concentration of the disinfectant
residual in the distribution system; and
therefore, the ability of the residual to
control microbial growth and biofilm
formation. These factors include the
level of assimilable organic carbon
(AOC), the type and concentration of
disinfectant, water temperature, pipe
materials, and system hydraulics.
Problems associated with biofilms in
distribution systems include enhanced
corrosion of pipes and deterioration of
water quality. Biofilms can provide
ecological niches that are suited to the
potential survival of pathogens (Walker
and Morales, 1997; Baribeau et al., 2005;
Behnke et al., 2011; Wang et al., 2012;
Biyela et al., 2012; Revetta et al., 2013;
Ashbolt, 2015). The biofilm can protect
microorganisms from disinfectants and
can enhance nutrient accumulation and
transport (Baribeau et al., 2005).
HPC Alternative to Detectable Residual
Measurement
Under the SWTR, a system may
demonstrate that its HPC levels are less
than 500 per mL, at any sampling
locations, in lieu of demonstrating the
presence of a detectable disinfectant
residual at that location, per primacy
agency approval. EPA reviewed new
information that suggests development
of criteria which may be more protective
than the HPC criterion. For example,
criteria used in the Netherlands for
systems operating without a distribution
system disinfectant residual provides an
example of an alternative criteria than
the HPC criterion. In the Netherlands,
chlorine is not used routinely for
primary or secondary disinfection.
Dutch water systems use the following
general approach to control microbial
activity in the distribution system
without a disinfectant residual (Smeets
et al., 2009): Produce a biologically
stable drinking water; use distribution
system materials that are non-reactive
and biologically stable; and optimize
distribution system operations and
maintenance practices to prevent
stagnation and sediment accumulation.
For the determination of a biologically
stable water they use AOC as an
indicator.
CT Criteria for Virus Disinfection
EPA reviewed new disinfection
studies published since the release of
the original CT tables. Collectively, the
data in the recent literature indicate that
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EPA CT values for free chlorine
disinfection are sufficient to inactivate
most enteric viruses in drinking water,
except for Coxsackie virus B5 at a pH
higher than 7.5 (Black et al., 2009;
Cromeans et al., 2010; Keegan et al.,
2012).
EPA’s CT values for chlorine
incorporate a safety factor of three to
account for differences between
dispersed and aggregated hepatitis A
virus and between buffered, demandfree water and environmental water. In
light of new information about the
hepatitis A virus and the effects of
source water quality on chlorine
disinfection, EPA concludes that the
safety factor of three should be reevaluated to ensure its adequacy. A
larger safety factor (thus higher EPA CT
values) is expected to enhance
waterborne pathogen control but could
lead to higher DBP formation and
warrants further examination in any
rulemaking activity.
Adenovirus is the virus that is most
resistant to chloramines, through it is
very susceptible to free chlorine
disinfection. Several studies revealed
that monochloramine disinfection might
not provide adequate control of
adenovirus in drinking water,
particularly in waters with relatively
high pH and at low temperature
(Sirikanchana et al., 2008; Hill and
Cromeans, 2010).
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Research and Information Collection
Partnership Findings
The RICP partners are EPA and Water
Research Foundation. EPA examined
information from the 10 high priority
RICP areas in the context of the Six-Year
Review, particularly information related
to the effectiveness of sanitary survey
and corrective action requirements
under the IESWTR. However, EPA
found limited information that would
shed light on the frequency and
magnitude of distribution system
vulnerability events (e.g., backflow
events, storage tank breeches),
associated risk implication, and costs
for preventing such events from
occurring. The RICP report identifies
potential follow-up research areas that
could help to address these gaps
(USEPA and Water Research
Foundation, 2016).
Risk-Balancing
The Agency has considered the riskbalancing aspects of the MDBP rules
and has determined that potential
revisions to the SWTRs could provide
improved health protection. The riskbalancing activities considered by the
Agency include those between the
microbial and disinfection by-product
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rules, as well as those between different
groups of DBPs. This includes balancing
the reduction in risks from microbial
pathogens should there be additional
requirements to maintain a disinfectant
residual with the increased risk from D/
DBPs resulting from such requirements.
EPA also considered the potential
impact of further constraints on DBP
precursors on the reduction of demand
for disinfectant residual. The riskbalancing review was based on a
preliminary, qualitative assessment of
unintended consequences; it is
important to note that further
assessment of such consequences would
be an important component of any
further rulemaking activities.
b. LT2
Background
EPA promulgated the LT2 on January
5, 2006 (71 FR 654, USEPA, 2006c). The
LT2 applies to all PWSs that use surface
water or ground water under the direct
influence of surface water as drinking
water. The LT2 builds upon the
IESWTR and the LT1 by improving
control of microbial pathogens,
specifically the contaminant
Cryptosporidium. The purpose of the
LT2 is to reduce illness linked with the
contaminant Cryptosporidium and other
disease-causing microorganisms in
drinking water. The LT2 supplements
the IESWTR and the LT1 regulations by
establishing additional Cryptosporidium
treatment requirements for higher-risk
systems. The LT2 requires source water
occurrence monitoring which is used to
determine additional treatment
requirements. The LT2 rule provides for
additional CT credits for
Cryptosporidium inactivation by ozone
and chlorine dioxide. The LT2 also
provides UV treatment credits for
Cryptosporidium, Giardia and virus
inactivation. EPA recognized that
research in the field of Cryptosporidium
inactivation is ongoing and included a
provision in the rule that allows
unfiltered systems using a disinfectant
other than chlorine to demonstrate the
log inactivation that can be achieved.
The LT2 also contains provisions to
reduce risks from uncovered finished
water reservoirs (UCFWRs).5 The rule
ensures that systems maintain microbial
protection when they take steps to
decrease the formation of disinfection
byproducts in systems that add a
chemical disinfectant (i.e., other than
UV light) or receive a chemically
disinfected water. Storage of treated
drinking water in open reservoirs can
5 LT2 uses the term ‘facilities’’ instead of
‘reservoirs’. The term reservoirs is used in this
document.
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lead to significant water quality
degradation and health risks to
consumers (USEPA, 1999). Examples of
such water quality degradation include
increases in algal cells, coliform
bacteria, heterotrophic bacteria,
particulates, disinfection byproducts,
metals, taste and odor, insect larvae,
Giardia, Cryptosporidium and nitrate
(USEPA, 1999). Contamination of
reservoirs occurs through surface water
runoff, bird and animal wastes, human
activity, algal growth, airborne
deposition and insects and fish.
The LT2 requires PWSs using
uncovered finished water storage
facilities to either cover the storage
facility or treat the storage facility
discharge (i.e., prior to entering the
distribution system) to achieve
inactivation and/or removal of 4-log
virus, 3-log G. lamblia, and 2-log
Cryptosporidium spp. on a stateapproved schedule.
Under the LT2, PWSs were required
to notify their state/primacy agency by
April 1, 2008, if they used UCFWRs.
Additionally, the LT2 required all PWSs
to either meet the requirement to cover
the UCFWR, or treat the UCFWR
discharge to the distribution system or
be in compliance with a state-approved
schedule for meeting these requirements
no later than April 1, 2009. Under this
review, EPA evaluated published
information to assess whether allowing
a state-approved risk management plan
would justify revisions to the LT2.
Summary of Review Results
Information available since
promulgation of the LT2 either supports
the current regulatory requirements or
does not justify a revision. EPA
determined that no regulatory revisions
to the UCFWR requirements of the LT2
are warranted at this time based on the
review of available information.
Health Effects
EPA reassessed the health risks
resulting from exposure to
Cryptosporidium spp., Giardia lamblia
and viruses, as well as other potential
microbiological risks to human health.
The Agency also reviewed new
information on other pathogens of
potential concern to determine whether
additional measures are warranted to
provide greater public health protection
from these pathogens, particularly in the
context of the UCFWR provisions of the
LT2.
The principal objectives of this health
effects review were to: (1) Evaluate
whether there are new or additional
ways to estimate risks from
Cryptosporidium and other pathogenic
microorganisms in drinking water and
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(2) evaluate surveillance and outbreak
data on Cryptosporidium and other
contaminants of potential concern.
Based on the review, the new
information does not justify a revision
to the health basis for the LT2 at this
time. For more information regarding
EPA’s review of health effects, see the
‘‘Six-Year Review 3 Technical Support
Document for Long-Term 2 Enhanced
Surface Water Treatment Rule’’ (USEPA,
2016m).
Analytical Feasibility
The LT2 specifies approved analytical
methods to determine the levels of
Cryptosporidium in source waters for
the identification of additional
treatment needs. The LT2 requires
systems and/or laboratories to use either
‘‘Method 1622: Cryptosporidium in
Water by Filtration/IMS/FA’’ (EPA 815–
R–05–001, USEPA, 2005d) or ‘‘Method
1623: Cryptosporidium and Giardia in
Water by Filtration/IMS/FA’’ (EPA 815–
R–05–002, USEPA, 2005e). EPA
Methods 1622 or 1623 is used in
monitoring programs to characterize
Cryptosporidium levels in the source
water of PWSs for the purposes of risktargeted treatment requirements under
the LT2. Method recoveries of more
than 3,000 matrix spiked samples from
the first round of monitoring for the LT2
indicated an average recovery of oocysts
with Methods 1622 and 1623 to be 40
percent. In addition to evaluating the
results from the first round of
monitoring, EPA gathered new
information on Cryptosporidium
analytical methods by investigating
improvements to Methods 1622 and
1623. EPA evaluated whether the
required use of a revised method
(Method 1623.1) would be justified for
Round 2 monitoring under the LT2.
Though new information is available
that indicates the potential for a
regulatory revision, the Agency does not
believe it is appropriate to revise the
rule to require the use of Method
1623.1, since the Agency believes such
a change would not provide
substantially greater protection of public
health at the national level. The use of
Method 1623.1 during the LT2 Round 2
monitoring is optional, and not
required. Since EPA is not planning
changes to the methods required under
the LT2, the schedule for the LT2 Round
2 monitoring remains the same as
described in the final LT2, which is
scheduled to be completed no later than
2021 for all PWSs.
Occurrence and Exposure
The LT2 requires PWSs using surface
water or ground water under the direct
influence of surface water to monitor
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their source waters for Cryptosporidium
spp. (and/or E. coli) to identify
additional treatment requirements.
PWSs must monitor their source water
(i.e., the influent water entering the
treatment plant) over two different
timeframes (Round 1 and Round 2) to
determine the Cryptosporidium level.
Monitoring results determine the extent
of Cryptosporidium treatment
requirements under the LT2.
Under the LT2, the date for PWSs to
begin monitoring is staggered by PWS
size, with smaller PWSs starting at a
later time than larger systems.
According to the LT2 rule requirements,
all PWSs were expected to complete
Round 1 in 2012.
To reduce monitoring costs, small
filtered PWSs (serving fewer than
10,000 people) initially monitor for E.
coli for one year as a screening analysis
and are required to monitor for
Cryptosporidium only if their E. coli
levels exceed specified trigger values.
Small filtered PWSs that exceed the E.
coli trigger, as well as small unfiltered
PWSs, must monitor for
Cryptosporidium for one or two years,
depending on the sampling frequency.
Based on the source water monitoring
results, filtered systems were classified
in one of four risk categories to
determine additional treatment needed
(Bins 1–4). Systems in Bin 1 are
required to provide no additional
Cryptosporidium treatment. Filtered
systems in Bins 2–4 must achieve 1.0–
2.5 log of treatment (i.e., 90 to 99.7
percent reduction) for Cryptosporidium
over and above that provided by
conventional treatment, depending on
the Cryptosporidium concentrations.
Filtered PWSs must meet the additional
Cryptosporidium treatment
requirements in Bins 2, 3, or 4 by
selecting one or more technologies from
the microbial toolbox of options for
ensuring source water protection and
management, and/or Cryptosporidium
removal or inactivation. All unfiltered
water systems must provide at least 99
or 99.9 percent (2 or 3-log) inactivation
of Cryptosporidium, depending on the
results of their monitoring.
Additionally, all filtered systems that
provide, or will provide, 5.5 log
treatment for Cryptosporidium are
exempt from monitoring and subsequent
bin classification. Systems providing 5.5
log Cryptosporidium treatment must
notify the state no later than the date by
which the system must submit a
sampling plan.
Six years after the initial bin
classification, filtered systems must
conduct a second round of monitoring.
Round 2 monitoring is in place to
understand year-to-year occurrence
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variability. The difference observed
between occurrence at the time of the
ICR Supplemental Surveys (USEPA,
2000c) and the LT2 Round 1 monitoring
indicates year-to-year variability. Round
2 monitoring began in 2015. Under this
review, EPA considered whether a third
round of monitoring would be justified
at this time, in particular, requiring the
use of Method 1623.1. EPA also
considered whether a modification to
the action bin boundaries should be
made based on requiring Method
1623.1.
Because of the relatively modest gains
in public health protection predicted by
the Round 2 monitoring EPA does not
believe a third round of monitoring is
justified at this time, even if the Agency
were to require the use of Method
1623.1 for this monitoring. Round 1
Cryptosporidium occurrence was lower
than expected (3.3–5.3 percent of Bin 1
systems from Round 1 would be moved
to a higher bin). As mentioned earlier,
EPA will not require the use of Method
1623.1 for Cryptosporidium monitoring.
Therefore, EPA will not make changes
to the action bin boundaries at this time.
Treatment Feasibility
LT2 includes a variety of treatment
and control options, collectively termed
the ‘‘microbial toolbox,’’ that PWSs can
implement to comply with the LT2’s
additional Cryptosporidium treatment
requirements. Most options in the
microbial toolbox carry prescribed
credits toward Cryptosporidium
treatment and control requirements. The
LT2 Toolbox Guidance Manual (USEPA,
2010f) provides guidance on how to
apply the toolbox options.
The LT2 also requires all unfiltered
PWSs to provide at least 2 to 3-log (i.e.,
99 to 99.9 percent) inactivation of
Cryptosporidium. Further, under the
LT2, unfiltered PWSs must achieve their
overall inactivation requirements
(including Giardia and virus
inactivation as established by earlier
regulations) using a minimum of two
disinfectants.
EPA reviewed information available
since the promulgation of the LT2 on
the use of the microbial toolbox to
determine if the information would
support a potential change to the
prescribed credits or the associated
design and operational criteria. In
addition, EPA searched for information
on new and emerging tools that would
support their potential addition to the
toolbox. The Agency also received input
on the use and effectiveness of the
microbial toolbox tools through public
meetings, research of publicly available
information and by actively
communicating with some systems. EPA
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also considered benefits and/or
difficulties observed by the PWSs when
using the available tools.
EPA also examined information from
some PWSs with UCFWRs to evaluate
the potential effectiveness of risk
management measures taken by those
PWSs for protecting the finished water
in the UCFWRs from contamination.
The New York City Department of
Environmental Protection (NYC DEP)
has undertaken more activities than any
other PWS to protect their Hillview
Reservoir from contamination. These
activities include wildlife management
(e.g., bird harassment and deterrents,
mammal relocation), security measures,
runoff control, public health
surveillance, microbial monitoring (e.g.,
Cryptosporidium, E. coli) and a
Cryptosporidium and Giardia action
plan.6 EPA reviewed information
pertaining to these activities and
concluded that the information is
inadequate to support regulatory
changes at the national level. The data
is also insufficient to demonstrate that
risk management activities provide
equivalent public health protection
compared to covering the reservoir or
treating the outflow from the reservoir.
The LT2 includes disinfection profile
and benchmark requirements to ensure
that any significant change in
disinfection, whether for disinfection
byproducts control under the Stage 2
D/DBPR, improved Cryptosporidium
control under the LT2, or both, does not
significantly compromise existing
Giardia and virus protection. The
profiling and benchmarking
requirements under the LT2 are similar
to those promulgated under the IESWTR
and the LT1 (USEPA, 2002c) and are
applicable to systems that make a
significant change to their disinfection
practices.
EPA did not identify information that
would support a potential change to the
methodology and calculations for
developing the disinfection profile and
benchmark under the LT2. However,
EPA identified information that would
support a potential change to the CT
values required for virus disinfection (as
discussed in the Section VI.B.4.a.
‘‘SWTRs’’). EPA is considering this
information in the review of the overall
filtration and disinfection requirements
in the SWTR.
Based on the outcome of this review,
EPA determined that no regulatory
revisions to the microbial toolbox
options are warranted at this time. Any
new information available to the Agency
6 https://www.nyc.gov/html/dep/pdf/reports/fad_
4.1_waterfowl_managementprogram_annual_
report.07-12.pdf.
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either supports the current regulatory
requirements or does not justify a
revision. For more information
regarding EPA’s review of treatment
feasibility see the ‘‘Six-Year Review 3
Technical Support Document for LongTerm 2 Enhanced Surface Water
Treatment Rule’’ (USEPA, 2016m).
c. FBRR
Background
EPA promulgated the FBRR in 2001
(66 FR 31086, USEPA, 2001b). It
requires PWSs to review their backwash
water recycling practices to ensure
microbial control is not compromised,
and it requires PWSs to recycle filter
backwash water.
Summary of Review Results
EPA reviewed this rule as part of the
Six-Year Review 3, and the result is to
take no action on the basis that EPA did
not identify any relevant information
that indicate changes to the NPDWR.
d. GWR
Background
EPA promulgated the GWR in 2006
(71 FR 65573, USEPA, 2006b) to provide
protection against microbial pathogens
in PWSs using ground water sources.
The rule establishes a risk-based
approach to target undisinfected ground
water systems that are vulnerable to
fecal contamination. If a system has an
initial total coliform positive in the
distribution system (based on routine
coliform monitoring under the RTCR),
followed by a fecal indicator positive
(E. coli, enterococci or coliphage) in a
follow-up source water sample, it is
considered to be at risk of fecal
contamination. Systems at risk of fecal
contamination must take corrective
action to reduce potential illness from
exposure to microbial pathogens.
Disinfecting systems that can
demonstrate 4-log virus inactivation are
not subject to the monitoring
requirements.
In addition to the protection provided
by the Revised Total Coliform Rule
(RTCR) and GWR monitoring
requirements, systems that do not
disinfect are also protected by the
sanitary survey provisions of the GWR
and the Level 1 assessment provisions
of the RTCR.
Summary of Review Results
EPA has not identified the GWR as a
candidate for revision under the SixYear Review 3 because EPA needs to
evaluate emerging information from full
implementation of the GWR (71 FR
65573, USEPA, 2006b) and the RTCR
(78 FR 10270, USEPA, 2013a) before
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3545
determining if there is an opportunity to
improve public health protection.
Implementation of the GWR was not yet
completed for the period of time
covered by the SYR3 ICR. The RTCR
was promulgated in 2013 and became
effective on April 1, 2016. EPA expects
that implementation on the RTCR may
impact the percent of ground water
systems that will be triggered into
source water monitoring and taking any
corrective actions under the GWR.
Therefore, the effects of the GWR and
the RTCR implementation in addressing
vulnerable ground water systems are not
yet known. EPA notes that the GWR was
also recently reviewed under Section
610 of the Regulatory Flexibility Act,
which required federal agencies to
review regulations that have significant
economic impact on a substantial
number of small entities within 10 years
after their adoption as final rules. The
610 Review of the GWR was recently
completed; three comments were
received. A report is available
discussing the 610 Review, comments
received, and EPA’s response to major
comments (USEPA, 2016g).
Health Effects
Borchardt et al. (2012) studied the
health effects associated with enteric
virus occurrence in undisinfected PWS
wells in 14 communities in Wisconsin.
Drinking water samples were assayed
for a suite of viral pathogens using
quantitative polymerase chain reaction
(qPCR). Community members kept daily
diaries to self-report AGI. The study
found a statistically significant
association between enteric virus
occurrence in the drinking water and
AGI incidences in the communities.
Using the 2005 data, EPA estimated a
national average TC detection rate of 2.4
percent for routine samples from
undisinfected CWSs with populations
less than 4,100 people (USEPA, 2012).
The 14 communities (with
undisinfected PWS wells) studied by
Borchardt et al. (2012) had TC
detections of 2.3 percent. These data
suggest that the 14 communities studied
by Borchardt et al. (2012) had TC
detection rates no different from an
average undisinfected community PWS
in the U.S.
Analytical Methods
Since the promulgation of the GWR in
2006, EPA has approved several new
methods for the analysis of TC samples
used as a trigger for GWR source water
monitoring, or for source water fecal
indicators used under the GWR. These
methods can be found on the EPA Web
site (https://www.epa.gov/
dwanalyticalmethods/approved-
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drinking-water-analytical-methods).
However, PWSs are not required to use
these new methods. Additionally, EPA
did eliminate the use of fecal coliforms
from the RTCR as an indicator of fecal
contamination.
Occurrence and Exposure
New information suggests that total
coliform occurrence varies among small
undisinfected ground water systems,
depending upon whether the system is
a community, non-transient noncommunity or transient non-community
PWS (USEPA, 2016n). Statistical
modeling of 2011 data (about 60,000
systems based on occurrence data
collected from undisinfected ground
water systems) shows that undisinfected
transient non-community ground water
systems have the highest occurrence, at
approximately four percent median
routine TC positive occurrence as
compared with three percent for
undisinfected non-transient noncommunity ground water systems and
two percent for undisinfected
community ground water systems
(USEPA, 2016n). These occurrence
levels are similar to those estimated
during the development of the RTCR
using 2005 data (USEPA, 2012).
Additionally, according to the 2005 and
2011 datasets, the smaller systems had
higher median TC occurrence than the
larger systems. All positive total
coliform samples were assayed for E.
coli; about one in 20 were E. coli
positive.
A small percentage of undisinfected
ground water systems have higher TC
detection rates. For example, of the
52,000 undisinfected transient, noncommunity ground water systems
serving populations less than 101
people (the total count is from USEPA,
2006b), EPA (2012) estimated that about
2,600 (five percent) of those systems (4.6
percent for the 2005 data set) had TC
detection rates of 20 percent or more.
Under the third monitoring cycle of
the Unregulated Contaminant
Monitoring Rule (UCMR3), EPA
sampled about 800 randomly selected
undisinfected ground water systems
serving fewer than 100 people for virus
and virus indicators. These data show
that only a small number of samples
were virus positive by qPCR (16 out of
1,044 or two percent) (USEPA, 2016j).
This result contrasts significantly with
the virus positive sample rate from
Borchardt et al. (2012) (287 out of 1,204
or 24 percent). One difference is that
Borchardt et al. (2012) sampled prior to
any treatment in the undisinfected wells
(e.g., softening, iron/manganese
removal). In contrast, many wells in the
UCMR3 virus study were sampled after
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softening or other treatment. The
UCMR3 monitoring results are available
online at: https://www.epa.gov/dwucmr/
data-summary-third-unregulatedcontaminant-monitoring-rule.
VII. EPA’s Request for Comments and
Next Steps
EPA invites commenters to submit
any relevant data or information
pertaining to the NPDWRs identified in
this action as candidates for revision, as
well as other relevant comments. EPA
will consider the public comments and/
or any new, relevant data submitted for
the eight NPDWRs listed as candidates
for revision as the Agency moves
forward in determining whether
regulatory revisions for these NPDWRs
are necessary. The announcement
whether or not the Agency intends to
revise an NPDWR (pursuant to SDWA
§ 1412(b)(9)) is not a regulatory
decision.
Relevant data include studies/
analyses pertaining to health effects,
analytical feasibility, treatment
feasibility and occurrence/exposure.
This information will inform EPA’s
evaluation as the Agency moves forward
determining whether regulatory
revisions for these NPDWRs are
necessary. The data and information
requested by EPA include peerreviewed science and supporting
studies conducted in accordance with
sound and objective scientific practices,
and data collected by accepted methods
or best available methods (if the
reliability of the method and the nature
of the review justifies use of the data).
Peer-reviewed data are studies/
analyses that have been reviewed by
qualified individuals (or organizations)
who are independent of those who
performed the work, but who are
collectively equivalent in technical
expertise (i.e., peers) to those who
performed the original work. A peer
review is an in-depth assessment of the
assumptions, calculations,
extrapolations, alternate interpretations,
methodology, acceptance criteria and
conclusions pertaining to the specific
major scientific and/or technical work
products and the documentation that
supports them (USEPA, 2015a).
Specifically, EPA is requesting
comment and/or information related to
the following aspects of potential
revisions to the MDBP NPDWRs:
• Potential approaches that could
enhance protection from DBPs,
including both those that are regulated
and those currently unregulated (e.g.,
nitrosamines). Specifically, commenters
are requested to provide information
about requiring greater removal of
precursors (e.g., TOC), and/or more
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targeted constraints on precursors (e.g.,
based on watershed vulnerabilities) that
could provide for an improvement in
health protection from mixtures of DBPs
while considering risk-balancing. For
example, commenters are requested to
provide information about an approach
that provides for an option to either
control source water vulnerabilities
(e.g., de facto reuse) or to further
constrain precursors associated with
unregulated DBPs. In addition,
commenters are requested to provide
information that considers a
comprehensive analysis of source
waters for the formation of a wide
variety of byproducts (e.g., TTHM,
HAA5, and unregulated DBPs such as
nitrosamines, brominated and iodinated
compounds).
• Potential approaches that could
enhance protection from chlorite,
chlorate, and chlorine dioxide.
Specifically, commenters are requested
to provide information about
approaches that could involve, for
example: Setting standards for systems
using hypochlorite that address
combined exposure to chlorite and
chlorate; and setting standards for
systems using chlorine dioxide (alone or
in combination with other disinfectants)
that address combined exposure from
chlorite, chlorate, and chlorine dioxide.
• Potential approaches that could
provide increased protection from
microbial pathogens and that take into
consideration the issues noted about
disinfection residual requirements,
while considering the risk-balancing
aspects of the MDBP rules. In addition,
commenters are requested to provide
information about approaches that
could offer enhanced protection without
the use of a chlorine-based disinfectant
residual in the distribution system,
including technology and management
systems associated with those
approaches.
• Information about how frequently
PWS monitor for DBPs during chlorine
burn periods, including revised
monitoring schedules for DBPs, taking
into account occurrence and exposure to
DBPs during chlorine burn periods, and
related short-term health effects on
sensitive populations.
References
Abdel-Rahman, M.S., D. Couri, and R.J. Bull.
1984. Toxicity of chlorine dioxide in
drinking water. International Journal of
Toxicology. 3(4): 277–284.
Agency for Toxic Substances and Disease
Registry (ATSDR). 2010. Toxicological
Profile for Trichlorobenzenes. U.S.
Department of Health and Human
Services: Atlanta, GA. https://
www.atsdr.cdc.gov/toxprofiles/tp199.pdf
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Armstrong, T.W. and C.N. Haas. 2007. A
quantitative microbial risk assessment
model for legionnaires’ disease:
assessment of human exposures for
selected spa outbreaks. Journal of
Occupational and Environmental
Hygiene. 4: 634–646.
Armstrong, T.W. and C.N. Haas. 2008.
Legionnaires’ disease: evaluation of a
quantitative microbial risk assessment
model. Journal of Water and Health. 6(2):
149–166.
Association of State Drinking Water
Administrators (ASDWA). 2016. SixYear Review 3 Implementation & Other
Regulatory Issues for Potential
Consideration—ASDWA Regulatory
Committee feedback.
Ashbolt, N.J. 2015. Environmental
(saprozoic) pathogens of engineered
water systems: understanding their
ecology for risk assessment and
management. Pathogens. 4(2): 390–405.
Azzeh, J., L. Taylor-Edmonds, and R.C.
Andrews. 2015. Engineered biofiltration
for ultrafiltration fouling mitigation and
disinfection by-product precursor
control. Water Science and Technology:
Water Supply. 15(1): 124–133.
Baribeau, H., SW. Krasner, R. Chinn, and P.C.
Singer. 2005. Impact of biomass on the
stability of HAAs and THMs in a
simulated distribution system. Journal of
American Water Works Association.
97(2): 69–81.
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USEPA. 1998c. National Primary Drinking
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USEPA. 2006c. National Primary Drinking
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‘‘Safety Evaluation of Certain Food
Additives and Contaminants.’’
International Programme on Chemical
Safety. Prepared for the 68th meeting of the
Joint FAO/WHO Expert Committee on
Food Additives (JEFCA).
Writer, J.H., A. Hohner, J. Oropeza, A.
Schmidt, K.M. Cawley, and F.L. RosarioOrtiz. 2014. Water treatment implications
after the High Park Wildfire, Colorado.
Journal of the American Water Works
Association. 106(4): 189–199.
Yan, M., D. Wang, J. Ni, J. Qu, C.W. Chow,
and H. Liu. 2008. Mechanism of natural
organic matter removal by polyaluminum
chloride: effect of coagulant particle size
and hydrolysis kinetics. Water Research.
42(13): 3361–3370.
Yang, Y., Y. Komaki, S. Kimura, H. Hu, E.
Wagner, B. Marinas, and M. Plewa. 2014.
Toxic impact of bromide and iodide on
drinking water disinfected with chlorine or
chloramines. Environmental Science &
Technology. 48(20): 12362–12369.
Zhang, K-J., N-Y. Gao, Y. Deng, T. Zhang, and
C. Li. 2012. Aqueous Chlorination of Algal
Odorants: Reaction Kinetics and Formation
of Disinfection By-products. Separation
and Purification Technology. 92: 93–99.
Dated: December 20, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016–31262 Filed 1–10–17; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\11JAP3.SGM
11JAP3
Agencies
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Proposed Rules]
[Pages 3518-3552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31262]
[[Page 3517]]
Vol. 82
Wednesday,
No. 7
January 11, 2017
Part III
Environmental Protection Agency
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40 CFR Part 141
National Primary Drinking Water Regulations; Announcement of the
Results of EPA's Review of Existing Drinking Water Standards and
Request for Public Comment and/or Information on Related Issues;
Proposed Rule
Federal Register / Vol. 82 , No. 7 / Wednesday, January 11, 2017 /
Proposed Rules
[[Page 3518]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2016-0627; FRL-9957-49-OW]
40 CFR Part 141
RIN 2040-ZA26
National Primary Drinking Water Regulations; Announcement of the
Results of EPA's Review of Existing Drinking Water Standards and
Request for Public Comment and/or Information on Related Issues
AGENCY: Environmental Protection Agency (EPA).
ACTION: Request for public comments.
-----------------------------------------------------------------------
SUMMARY: The Safe Drinking Water Act (SDWA) requires the U.S.
Environmental Protection Agency (EPA) to conduct a review every six
years of existing national primary drinking water regulations (NPDWRs)
and determine which, if any, need to be revised. The purpose of the
review, called the Six-Year Review, is to evaluate current information
for regulated contaminants to determine if there is new information on
health effects, treatment technologies, analytical methods, occurrence
and exposure, implementation and/or other factors that provides a
health or technical basis to support a regulatory revision that will
improve or strengthen public health protection. EPA has completed a
detailed review of 76 NPDWRs and at this time has determined that eight
NPDWRs are candidates for regulatory revision. The eight NPDWRs are
included in the Stage 1 and the Stage 2 Disinfectants and Disinfection
Byproducts Rules, the Surface Water Treatment Rule, the Interim
Enhanced Surface Water Treatment Rule and the Long Term 1 Enhanced
Surface Water Treatment Rule. EPA requests comments on the eight NPDWRs
identified as candidates for revision and will consider comments and
data as it proceeds with determining whether further action is needed.
In addition, as part of this Six-Year Review, EPA identified 12 other
NPDWRs that were or continue to be addressed in recently completed,
ongoing or pending regulatory actions. EPA thus excluded those 12
NPDWRs from detailed review. This document is not a final regulatory
decision, but rather the initiation of a process that will involve more
detailed analyses of factors relevant to deciding whether a rulemaking
to revise an NPDWR should be initiated.
DATES: Comments must be received on or before March 13, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2016-0627, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e. on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Mail: Water Docket, Environmental Protection Agency, Mail code:
2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
Hand Delivery: EPA Docket Center Public Reading Room, EPA
Headquarters West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. Hand deliveries are only accepted during the Docket's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information.
FOR FURTHER INFORMATION CONTACT: For technical inquiries contact:
Richard Weisman, (202) 564-2822, or Kesha Forrest, (202) 564-3632,
Office of Ground Water and Drinking Water, Environmental Protection
Agency. For general information about the existing NPDWRs discussed in
this action, contact the Safe Drinking Water Hotline. Callers within
the United States may reach the Hotline at (800) 426-4791. The Hotline
is open Monday through Friday, excluding Federal holidays, from 10 a.m.
to 5:30 p.m. Eastern Time.
SUPPLEMENTARY INFORMATION:
Abbreviations and Acronyms Used in This Action
ADWR--Aircraft Drinking Water Rule
AGI--Acute Gastrointestinal Illness
AOC--Assimilable Organic Carbon
ASDWA--Association of State Drinking Water Administrators
ATSDR--Agency for Toxic Substances and Disease Registry
AWWA--American Water Works Association
BAT--Best Available Technology
CBI--Confidential Business Information
CDC--Centers for Disease Control and Prevention
CFR--Code of Federal Regulations
CT--Concentration x Contact Time
cVOCs--Carcinogenic Volatile Organic Compounds
CWS--Community Water System
DBCP--1,2-Dibromo-3-Chloropropane
DBP--Disinfection Byproducts
D/DBP--Disinfectants/Disinfection Byproducts
D/DBPR--Disinfectants/Disinfection Byproducts Rule
DEHA--Di(2-ethylhexyl)adipate
DEHP--Di(2-ethylhexyl)phthalate
DOC--Dissolved Organic Carbon
DPD--N,N-diethyl-p-phenylenediamine
EDB--Ethylene Dibromide
EJ--Environmental Justice
EO--Executive Order
EPA--U.S. Environmental Protection Agency
EQL--Estimated Quantitation Level
FAC--Federal Advisory Committee
FBRR--Filter Backwash Recycling Rule
FDA--U.S. Food and Drug Administration
FRN--Federal Register Notice
GAC--Granulated Activated Carbon
GWR--Ground Water Rule
GWUDI--Ground Water Under the Direct Influence of Surface Water
HAA5--Haloacetic Acids (five) (sum of monochloroacetic acid,
dichloroacetic acid, trichloroacetic acid, monobromoacetic acid and
dibromoacetic acid)
HAAs--Haloacetic Acids
HAV--Hepatitis A Virus
HPC--Heterotrophic Plate Count
IARC--International Agency for Research on Cancer
ICR--Information Collection Request
IESWTR--Interim Enhanced Surface Water Treatment Rule
IRIS--Integrated Risk Information System
LT1--Long-Term 1 Enhanced Surface Water Treatment Rule
LT2--Long-Term 2 Enhanced Surface Water Treatment Rule
MCL--Maximum Contaminant Level
MCLG--Maximum Contaminant Level Goal
MDBP--Microbial and Disinfection Byproducts
MDL--Method Detection Limit
MRDL--Maximum Residual Disinfectant Level
MRDLG--Maximum Residual Disinfectant Level Goal
MRL--Minimum Reporting Level
NAS--National Academy of Sciences
NCWS--Non-Community Water System
NDMA--N-Nitrosodimethylamine
NDWAC--National Drinking Water Advisory Council
NIH--National Institutes of Health
NPDWR--National Primary Drinking Water Regulation
NRC--National Research Council
NTNCWS--Non-Transient Non-Community Water System
NTP--National Toxicology Program
PCBs--Polychlorinated Biphenyls
PCE--Tetrachloroethylene
PHS--U.S. Public Health Service
[[Page 3519]]
PT--Proficiency Testing
PQL--Practical Quantitation Limit
PWS--Public Water System
qPCR--Quantitative Polymerase Chain Reaction
RfD--Reference Dose
RICP--Research and Information Collection Partnership
RSC--Relative Source Contribution
RTCR--Revised Total Coliform Rule
SDWA--Safe Drinking Water Act
SMCL--Secondary Maximum Contaminant Level
SOC--Synthetic Organic Chemical
SWTR--Surface Water Treatment Rule
SWTRs--Surface Water Treatment Rules (including SWTR, IESWTR and
LT1)
SYR--Six-Year Review
TCE--Trichloroethylene
TC/EC--Total Coliforms/E. coli
TCR--Total Coliform Rule
THM--Trihalomethanes
TTHM--Total Trihalomethanes (sum of four THMs: chloroform,
bromodichloromethane, dibromochloromethane and bromoform)
TNCWS--Transient Non-Community Water System
TOC--Total Organic Carbon
TT--Treatment Technique
UCFWR--Uncovered Finished Water Reservoirs
UCMR--Unregulated Contaminant Monitoring Rule
USGS--U.S. Geological Survey
UV--Ultraviolet
WBDOSS--Waterborne Disease Outbreak Surveillance System
WHO--World Health Organization
Table of Contents
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments for EPA?
II. Statutory Requirements for the Six-Year Review
III. Stakeholder Involvement in the Six-Year Review Process
IV. Regulations Included in the Six-Year Review 3
V. EPA's Protocol for Reviewing the NPDWRs Included in This Action
A. What was EPA's review process?
B. How did EPA conduct the review of the NPDWRs?
1. Initial Review
2. Health Effects
3. Analytical Feasibility
4. Occurrence and Exposure Analysis
5. Treatment Feasibility
6. Risk-Balancing
7. Other Regulatory Revisions
C. How did EPA factor children's health concerns into the
review?
D. How did EPA factor environmental justice concerns into the
review?
VI. Results of EPA's Review of NPDWRs
A. What are the review result categories?
1. The NPDWR is Not Appropriate for Revision at This Time
2. The NPDWR is a Candidate for Revision
B. What are the detailed results of EPA's third six-year review
cycle?
1. Chemical Phase Rules/Radionuclides Rules
2. Fluoride
3. Disinfectants/Disinfection Byproducts Rules (D/DBPRs)
4. Microbial Contaminants Regulations
VII. EPA's Request for Comments
References
I. General Information
A. Does this action apply to me?
This action itself does not impose any requirements on individual
people or entities. Instead, it notifies interested parties of EPA's
review of existing national primary drinking water regulations (NPDWRs)
and its conclusions about which of these NPDWRs may warrant new
regulatory action at this time. EPA requests public comment on the
eight NPDWRs identified as candidates for revision. EPA will consider
comments received as the Agency moves forward with determining whether
regulatory actions are necessary for the eight NPDWRs.
B. What should I consider as I prepare my comments for EPA?
Please see Section VII for the topic areas related to this document
for which EPA requests comment and/or information. EPA will accept
written or electronic comments (please do not send both). Instructions
for submitting comments can be found in the ADDRESSES section of this
document. EPA prefers electronic comments. No facsimiles (faxes) will
be accepted. Commenters who want EPA to acknowledge receipt of their
written comments should also send a self-addressed, stamped envelope.
You may find the following suggestions helpful when preparing your
comments:
Explain your views as clearly as possible.
Describe any assumptions that you used.
Provide any technical information and/or data you used
that support your views.
If you estimate potential burden or costs, explain how you
arrived at your estimate.
Provide specific examples to illustrate your concerns.
Offer alternatives.
Make sure to submit your comments by the comment period
deadline.
To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provide the name, date, and
volume/page numbers of the Federal Register document you are commenting
on.
II. Six-Year Review--Statutory Requirements and Next Steps
Under the Safe Drinking Water Act (SDWA), as amended in 1996, EPA
must periodically review existing NPDWRs and, if appropriate, revise
them. Section 1412(b)(9) of the SDWA states: ``The Administrator shall,
not less often than every six years, review and revise, as appropriate,
each national primary drinking water regulation promulgated under this
title. Any revision of a national primary drinking water regulation
shall be promulgated in accordance with this section, except that each
revision shall maintain, or provide for greater, protection of the
health of persons.''
Pursuant to the 1996 SDWA Amendments, EPA completed and published
the results of its first Six-Year Review (Six-Year Review 1) on July
18, 2003 (68 FR 42908, USEPA, 2003b) and the second Six-Year Review
(Six-Year Review 2) on March 29, 2010 (75 FR 15500, USEPA, 2010h),
after developing a systematic approach, or protocol, for the review of
NPDWRs.
In this document EPA is announcing the results of the third Six-
Year Review (Six-Year Review 3). Consistent with the process applied in
the Six-Year Review 2, EPA is requesting comments on this document and
will consider the public comments and/or any new, relevant data
submitted for the eight NPDWRs listed as candidates for revision as the
Agency proceeds with determining whether revisions of these regulations
are necessary. The announcement whether or not the Agency intends to
revise an NPDWR (pursuant to SDWA Sec. 1412(b)(9)) is not a regulatory
decision. Instead, it initiates a process that will involve more
detailed analyses of health effects, analytical and treatment
feasibility, occurrence, benefits, costs and other regulatory matters
relevant to deciding whether a rulemaking to revise an NPDWR should be
initiated. The Six-Year Review results do not obligate the Agency to
revise an NPDWR in the event that EPA determines during the regulatory
process that revisions are no longer appropriate and discontinues
further efforts to revise the NPDWR. Similarly, the fact that an NPDWR
has not been selected for revision means only that EPA believes that
regulatory changes to a particular NPDWR are not appropriate at this
time for the reasons given in this action; future reviews may identify
information that leads to an initiation of the revision process.
The reasons that EPA has identified an NPDWR as a ``candidate for
revision''
[[Page 3520]]
is that, at a minimum, the revision presents a meaningful opportunity
to:
Improve the level of public health protection, and/or
Achieve cost savings while maintaining or improving the
level of public health protection.
III. Stakeholder Involvement in the Six-Year Review Process
The Agency has involved interested stakeholders in the Six-Year
Review 3 process. Below are examples of such involvement:
In November 2014, EPA briefed the National Drinking
Water Advisory Council (NDWAC) on the Six-Year Review protocol and
the key elements of that protocol as they relate to the microbial
and disinfection byproducts (MDBP) rules. The briefing included
information on how EPA is implementing NDWAC's previous
recommendations (NDWAC, 2000) on the Six-Year Review process in
review of the MDBP rules;
In January 2015, states provided input (through the
Association of State Drinking Water Administrators (ASDWA)) on rule
implementation issues related to the NPDWRs being reviewed as part
of the Six-Year Review 3 (ASDWA, 2016);
EPA initiated a series of public stakeholder meetings
about the review of the Long Term 2 Enhanced Surface Water Treatment
Rule (LT2). These meetings were held in accordance with the
recommendation of the MDBP Federal Advisory Committee (FAC) \1\ to
have public meetings following the first round of monitoring under
the LT2, and as a result of the Executive Order (E.O.) 13563
``Improving Regulation and Regulatory Review.'' \2\ E.O. 13563
states that regulations shall be based ``on the open exchange of
information and perspectives among state, local, and tribal
officials, experts in relevant disciplines, affected stakeholders in
the private sector, and the public as a whole.'' Some affected
stakeholders recommended that EPA include the LT2 among the Agency's
top priorities for review under E.O. 13563. EPA included the LT2 in
its ``Improving our Regulations: Final Plan for Periodic
Retrospective Review of Existing Regulations'' (USEPA, 2011). EPA
agreed to ``assess and analyze new data/information regarding
occurrence, treatment, analytical methods, health effects, and risk
from all relevant waterborne pathogens to evaluate whether there are
new or additional ways to manage risk while assuring equivalent or
improved protection, including with respect to the covering of
finished water reservoirs'' (USEPA, 2011). EPA hosted three public
meetings in Washington, DC, on December 7, 2011, April 24, 2012 and
November 15, 2012. EPA presented information about: The LT2
requirements, monitoring data collected under the LT2, analytical
methods, forecasts about the second round of monitoring and the
treatment technique requirements. In addition to presentations to
educate the public, the meetings included public statements, panel
discussions, question and answer sessions and requests by EPA to
provide data and information about the implementation of the LT2 to
inform the regulatory review.
---------------------------------------------------------------------------
\1\ https://www.epa.gov/sites/production/files/2015-11/documents/stage_2_m-dbp_agreement_in_principle.pdf.
\2\ E.O. 13563 requires federal agencies to ``consider how best
to promote retrospective analysis of rules that may be outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned.'' The order required each federal agency to develop a plan
``consistent with law and its resources and regulatory priorities.''
https://www.gpo.gov/fdsys/pkg/FR-2011-01-21/pdf/2011-1385.pdf.
---------------------------------------------------------------------------
IV. Regulations Included in the Six-Year Review 3
Table IV-1 lists all 88 NPDWRs established to date. The table also
reports the maximum contaminant level goal (MCLG) and the maximum
contaminant level (MCL). The MCLG is ``set at the level at which no
known or anticipated adverse effects on the health of persons occur and
which allows an adequate margin of safety'' (SDWA Sec. 1412(b)(4)).
The MCL is the maximum permissible level of a contaminant in water
delivered to any user of a public water system (PWS) and generally ``is
as close to the maximum contaminant level goal as is feasible'' (SDWA
Sec. 1412(b)(4)(B)).\3\ Where it is not ``economically or technically
feasible'' to set an MCL, EPA can establish a treatment technique (TT),
which must prevent adverse health effects ``to the extent feasible''
(SDWA Sec. 1412(b)(7)(A)). In the case of disinfectants (e.g.,
chlorine, chloramines and chlorine dioxide), the values reported in the
table are not MCLGs and MCLs, but maximum residual disinfectant level
goals (MRDLGs) and maximum residual disinfectant levels (MRDLs).
---------------------------------------------------------------------------
\3\ Under limited circumstances, SDWA Sec. 1412(b)(6)(A) also
gives the Administrator the discretion to promulgate an MCL that is
less stringent than the feasible level and that ``maximizes health
risk reduction benefits at a cost that is justified by the
benefits.''
---------------------------------------------------------------------------
Table IV-1 also includes NPDWRs that EPA identified as candidates
for revision in past Six-Year Reviews. During the Six-Year Review 1,
EPA identified the Total Coliform Rule (TCR) as a candidate for
revision.\4\ EPA published the Revised Total Coliform Rule (RTCR) in
2013 (78 FR 10270, USEPA, 2013a). Four additional NPDWRs for
acrylamide, epichlorohydrin, tetrachloroethylene (PCE) and
trichloroethylene (TCE) were identified as candidates for revision
during the Six-Year Review 2. Of the 88 NPDWRs, EPA identified 12 as
part of recently completed, ongoing or pending regulatory actions; as a
result, these 12 are not subject to a detailed review for the Six-Year
Review 3. This action involves the remaining 76 NPDWRs. EPA applied the
same protocol used for previous Six-Year Reviews, with minor
clarifications (USEPA, 2016f), to the Six-Year Review 3 process.
Section V of this action describes the revised protocol used for the
Six-Year Review 3 and Section VI describes the results of the review of
the NPDWRs.
---------------------------------------------------------------------------
\4\ The NPDWRs apply to specific contaminants/parameters or
groups of contaminants. Historically, when issuing new or revised
standards for these contaminants/parameters, EPA has often grouped
the standards together in more general regulations, such as the
Total Coliform Rule, the Surface Water Treatment Rule or the Phase V
rules. In this action, however, for clarity, EPA discusses the
drinking water standards as they apply to each specific regulated
contaminant/parameter (or group of contaminants), not the more
general regulation in which the contaminant/parameter was regulated.
---------------------------------------------------------------------------
In addition to the regulated chemicals, radiological and
microbiological contaminants included in the previous reviews, this
document also includes the review of the MDBP regulations that were
promulgated under the following actions: The Ground Water Rule (GWR);
the Surface Water Treatment Rules (SWTRs); the Disinfectants and
Disinfection Byproducts (D/DBP) Rules; and the Filter Backwash
Recycling Rule (FBRR). EPA reviewed the LT2 in response to EO 13563
(USEPA, 2011) and as part of the Six-Year Review 3 process.
Table IV-1--NPDWRs Included in Six-Year Review 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
MCL or TT (mg/L) \1\ \2\ Contaminants/ MCL or TT (mg/L) \2\
Contaminants/parameters MCLG (mg/L) \1\ \3\ \3\ parameters MCLG (mg/L) \1\ \3\ \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acrylamide.................... 0.......................... TT......................... Ethylbenzene.... 0.7.................. 0.7
Alachlor...................... 0.......................... 0.002...................... Ethylene 0.................... 0.00005
dibromide (EDB).
Alpha/photon emitters......... 0 (pCi/L).................. 15 (pCi/L)................. Fluoride........ 4.0.................. 4.0
Antimony...................... 0.006...................... 0.006...................... Giardia lamblia 0.................... TT
\4\.
Arsenic....................... 0.......................... 0.010...................... Glyphosate...... 0.7.................. 0.7
[[Page 3521]]
Asbestos...................... 7 (million fibers/L)....... 7 (million fibers/L)....... Haloacetic acids n/a \5\.............. 0.060
(HAA5).
Atrazine...................... 0.003...................... 0.003...................... Heptachlor...... 0.................... 0.0004
Barium........................ 2.......................... 2.......................... Heptachlor 0.................... 0.0002
epoxide.
Benzene....................... 0.......................... 0.005...................... Heterotrophic n/a.................. TT
bacteria \6\.
Benzo[a]pyrene................ 0.......................... 0.0002..................... Hexachlorobenzen 0.................... 0.001
e.
Beryllium..................... 0.004...................... 0.004...................... Hexachlorocyclop 0.05................. 0.05
entadiene.
Beta/photon emitters.......... 0 (millirems/yr)........... 4 (millirems/yr)........... Lead............ 0.................... TT
Bromate....................... 0.......................... 0.010...................... Legionella...... 0.................... TT
Cadmium....................... 0.005...................... 0.005...................... Lindane......... 0.0002............... 0.0002
Carbofuran.................... 0.04....................... 0.04....................... Mercury 0.002................ 0.002
(inorganic).
Carbon tetrachloride.......... 0.......................... 0.005...................... Methoxychlor.... 0.04................. 0.04
Chloramines................... 4.......................... 4.0........................ Monochlorobenzen 0.1.................. 0.1
e
(Chlorobenzene).
Chlordane..................... 0.......................... 0.002...................... Nitrate (as N).. 10................... 10
Chlorine...................... 4.......................... 4.0........................ Nitrite (as N).. 1.................... 1
Chlorine dioxide.............. 0.8........................ 0.8........................ Oxamyl (Vydate). 0.2.................. 0.2
Chlorite...................... 0.8........................ 1.0........................ Pentachloropheno 0.................... 0.001
l.
Chromium (total).............. 0.1........................ 0.1........................ Picloram........ 0.5.................. 0.5
Copper........................ 1.3........................ TT......................... Polychlorinated 0.................... 0.0005
biphenyls
(PCBs).
Cryptosporidium............... 0.......................... TT......................... Radium.......... 0 (pCi/L)............ 5 (pCi/L)
Cyanide....................... 0.2........................ 0.2........................ Selenium........ 0.05................. 0.05
2,4-Dichlorophenoxyacetic acid 0.07....................... 0.07....................... Simazine........ 0.004................ 0.004
(2,4-D).
Dalapon....................... 0.2........................ 0.2........................ Styrene......... 0.1.................. 0.1
Di(2-ethylhexyl)adipate (DEHA) 0.4........................ 0.4........................ 2,3,7,8-TCDD 0.................... 3.00E-08
(Dioxin).
Di(2-ethylhexyl)phthalate 0.......................... 0.006...................... Tetrachloroethyl 0.................... 0.005
(DEHP). ene.
1,2-Dibromo-3-chloropropane 0.......................... 0.0002..................... Thallium........ 0.0005............... 0.002
(DBCP).
1,2-Dichlorobenzene (o- 0.6........................ 0.6........................ Toluene......... 1.................... 1
Dichlorobenzene).
1,4-Dichlorobenzene (p- 0.075...................... 0.075...................... Total coliforms n/a.................. TT
Dichlorobenzene). (under ADWR \7\
and RTCR \8\).
1,2-Dichloroethane (Ethylene 0.......................... 0.005...................... Total n/a \9\.............. 0.080
dichloride). Trihalomethanes
(TTHM).
1,1-Dichloroethylene.......... 0.007...................... 0.007...................... Toxaphene....... 0.................... 0.003
cis-1,2-Dichloroethylene...... 0.07....................... 0.07....................... 2,4,5-TP 0.05................. 0.05
(Silvex).
trans-1,2-Dichloroethylene.... 0.1........................ 0.1........................ 1,2,4- 0.07................. 0.07
Trichlorobenzen
e.
Dichloromethane (Methylene 0.......................... 0.005...................... 1,1,1- 0.20................. 0.2
chloride). Trichloroethane.
1,2-Dichloropropane........... 0.......................... 0.005...................... 1,1,2- 0.003................ 0.005
Trichloroethane.
Dinoseb....................... 0.007...................... 0.007...................... Trichloroethylen 0.................... 0.005
e.
Diquat........................ 0.02....................... 0.02....................... Turbidity \6\... n/a.................. TT
E. coli....................... 0.......................... MCL \10\ and TT \8\........ Uranium......... 0.................... 0.030
Endothall..................... 0.1........................ 0.1........................ Vinyl Chloride.. 0.................... 0.002
Endrin........................ 0.002...................... 0.002...................... Viruses......... 0.................... TT
Epichlorohydrin............... 0.......................... TT......................... Xylenes (total). 10................... 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. MCLG: The maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur,
allowing an adequate margin of safety.
2. MCL: The maximum level allowed of a contaminant in water which is delivered to any user of a public water system.
TT: An enforceable procedure or level of technological performance which public water systems must follow to ensure control of a contaminant.
3. Units are in milligrams per liter (mg/L) unless otherwise noted. Milligrams per liter are equivalent to parts per million. For chlorine, chloramines
and chlorine dioxide, values presented are MRDLG and MRDL.
4. The current preferred taxonomic name is Giardia duodenalis, with Giardia lamblia and Giardia intestinalis as synonymous names. However, Giardia
lamblia was the name used to establish the MCLG in 1989. Elsewhere in this document, this pathogen will be referred to as Giardia spp. or simply
Giardia unless discussing information on an individual species.
5. There is no MCLG for all five haloacetic acids. MCLGs for some of the individual contaminants are: Dichloroacetic acid (zero), trichloroacetic acid
(0.02 mg/L), and monochloroacetic acid (0.07 mg/L). Bromoacetic acid and dibromoacetic acid are regulated with this group, but have no MCLGs.
6. Includes indicators that are used in lieu of direct measurements (e.g., of heterotrophic bacteria, turbidity).
7. The Aircraft Drinking Water Rule (ADWR) 40 CFR part 141 Subpart X, promulgated October 19, 2009, covers total coliforms.
8. Under the RTCR, a PWS is required to conduct an assessment if it exceeded any of the TT triggers identified in 40 CFR 141.859(a). It is also required
to correct any sanitary defects found through the assessment.
9. There is no MCLG for total trihalomethanes (TTHM). MCLGs for some of the individual contaminants are: Bromodichloromethane (zero), bromoform (zero),
dibromochloromethane (0.06 mg/L), and chloroform (0.07 mg/L).
10. A PWS is in compliance with the E. coli MCL unless any of the conditions identified under 40 CFR 141.63(c) occur.
[[Page 3522]]
V. EPA's Protocol for Reviewing the NPDWRs Included in This Action
A. What was EPA's review process?
Overview
This section provides an overview of the process the Agency used to
review the NPDWRs discussed in this action. The protocol document,
``EPA Protocol for the Third Review of Existing National Primary
Drinking Water Regulations,'' contains a detailed description of the
process the Agency used to review the NPDWRs (USEPA, 2016f). The
foundation of this protocol was developed for the Six-Year Review 1
based on the recommendations of the NDWAC (2000). The Six-Year Review 3
process is very similar to the process implemented during the Six-Year
Review 1 and the Six-Year Review 2, with some clarifications to the
elements related to the review of NPDWRs included in the MDBP rules.
Figure V-1 presents an overview of the Six-Year review protocol and
review outcomes.
The primary goal of the Six-Year Review process is to identify and
prioritize NPDWRs for possible regulatory revision. The two major
outcomes of the detailed review are either:
1. The NPDWR is not appropriate for revision and no action is
necessary at this time.
2. The NPDWR is a candidate for revision.
The reasons for a Six-Year Review outcome of ``not appropriate for
revision at this time'' can include:
Regulatory action--recently completed, ongoing or pending.
The NPDWR was recently completed, is being reviewed in an ongoing
action, or is subject to a pending action.
Ongoing or planned health effects assessment. The NPDWR
has an ongoing health effects assessment (i.e., especially for those
NPDWRs with an MCL set at the MCLG or where the MCL is based on the
SDWA cost benefit provision), or EPA is considering whether a new
health effects assessment is needed.
No new information. EPA did not identify any new, relevant
information that indicates changes to the NPDWR.
Data gaps/emerging information. There are data gaps or
emerging information that need to be evaluated.
Low priority and/or no meaningful opportunity. New
information indicates a possible change to the MCLG and/or MCL but
changes to the NPDWR are not warranted due to one or more of the
following reasons: (1) Possible changes present negligible gains in
public health protection; (2) possible changes present limited
opportunity for cost savings while maintaining the same or greater
level of health protection; and (3) possible changes are a low priority
because of competing workload priorities, limited return on the
administrative costs associated with rulemaking and the burden on
states and the regulated community associated with implementing any
regulatory change that would result.
Alternatively, the reasons for a Six-Year Review outcome that an
NPDWR is a ``candidate for revision'' are that, at a minimum, the
revision presents a meaningful opportunity to:
Improve the level of public health protection, and/or
Achieve cost savings while maintaining or improving the
level of public health protection.
Individual regulatory provisions of NPDWRs that are evaluated as
part of the Six-Year Review are: MCLG, MCL, MRDLG, MRDL, TT, other
treatment technologies such as best available technology (BAT), and
regulatory requirements, such as monitoring requirements.
For example, the microbial regulations include TT requirements
because there is no reliable method that is economically and
technically feasible to measure the microbial contaminants covered by
those regulations. These TT requirements rely on the use of indicators
that can be measured in drinking water, such as the concentration of a
disinfectant, to provide public health protection. As part of the Six-
Year Review 3, EPA evaluated new information related to the use of
those indicators to determine if there is a meaningful opportunity to
improve the level of public health protection. Results of EPA's review
of the MDBP regulations are presented in Sections VI.B.3 and VI.B.4.
For the purpose of this document (except where noted for clarity),
discussions of the review of MCLGs and MCLs should be assumed to also
apply to the review of MRDLGs and MRDLs for disinfectants.
Basic Principles
EPA applied a number of basic principles to the Six-Year Review
process:
The Agency sought to avoid redundant review efforts.
Because EPA has reviewed information for certain NPDWRs as part of
recently completed, ongoing or pending regulatory actions, these NPDWRs
are not subject to the detailed review in this document.
The Agency does not believe it is appropriate to consider
revisions to NPDWRs for contaminants with an ongoing or planned health
effect assessment and for which the MCL is set equal to the MCLG or
based on benefit-cost analysis. This principle stems from the fact that
any new health effects information could affect the MCL via a change in
the MCLG or the assessment of the benefits associated with the MCL.
Therefore, EPA noted that these NPDWRs are not appropriate for revision
and no action is necessary at this time if the health effects
assessment would not be completed during the review period for each
contaminant that has either an MCL that is equal to its MCLG or an MCL
that is based on the 1996 SDWA Amendments' cost-benefit provision. If
the health effects assessment is completed before the next Six-Year
Review, EPA will consider these NPDWRs at that time.
In evaluating the potential for new information to affect
NPDWRs, EPA assumed no change to existing policies and procedures for
developing NPDWRs. For example, in determining whether new information
affected the feasibility of analytical methods for a contaminant, the
Agency assumed no change to current policies and procedures for
calculating practical quantitation levels.
EPA considered new information from health effects
assessments that were completed by the information cutoff date.
Assessments completed after this cutoff date will be reviewed by EPA
during the next review cycle or (if applicable) during the revision of
an NPDWR. The information cutoff date for the Six-Year Review 3 was
December 2015.
During the review, EPA identified areas where information
is inadequate or unavailable (data gaps) or emerging and is needed to
determine whether revision to an NPDWR is appropriate. To the extent
EPA is able to fill data gaps or fully evaluate the emerging
information, the Agency will consider the information as part of the
next review cycle.
EPA may consider accelerating review and potential
revision for a particular NPDWR before the next review cycle when
justified by new public health risk information.
Finally, EPA assured scientific analyses supporting the
review were consistent with the Agency's peer review policy (USEPA,
2015a).
[[Page 3523]]
[GRAPHIC] [TIFF OMITTED] TP11JA17.006
B. How did EPA conduct the review of the NPDWRs?
The protocol for the Six-Year Review 3 is broken down into a series
of questions that can inform a decision about the appropriateness of
revising an NPDWR. These questions are logically ordered into a
decision tree. This section provides an overview of each of the review
elements that EPA considered for each NPDWR during the Six-Year Review
3, including the following: Initial review, health effects, analytical
feasibility, occurrence and exposure, treatment feasibility, risk
balancing and other regulatory revisions. The final review combines the
findings from all of these review elements to recommend whether an
NPDWR is a candidate for revision. Further information about the review
elements is described in the protocol document (USEPA, 2016f). Results
from the review of these elements are presented in Section VI.
1. Initial Review
EPA's initial review of all the contaminants included in the Six-
Year Review 3 involved a simple identification of the NPDWRs that have
either been recently completed, or are being reviewed in an ongoing or
pending action since the last Six-Year Review (cutoff date was August
2008). In addition, the initial review also identified contaminants
with ongoing health effects assessments that have an MCL equal to the
MCLG. Excluding such contaminants from the Six-Year Review 3 prevents
duplicative agency efforts.
2. Health Effects
The principal objectives of the health effects review are to
identify: (1) Contaminants for which a new health effects assessment
indicates that a change in the MCLG might be appropriate (e.g., because
of a change in cancer classification or a change in reference dose
(RfD)), and (2) contaminants for which new health effects information
indicates a need to initiate a new health effects assessment.
To meet the first objective, EPA reviewed the results of health
effects assessments completed before December 2015, the information
cutoff date for the Six-Year Review 3.
To meet the second objective, the Agency conducted an extensive
literature review to identify peer-reviewed studies published before
December 2015. The Agency reviewed the studies to determine whether
there was new health effects information, such as reproductive and
developmental toxicity data, that could potentially affect the MCLG, or
otherwise change the Agency's understanding of the health effects of
contaminants under consideration. EPA then evaluated the need to plan
the initiation of a new health effects assessment.
3. Analytical Feasibility
When establishing an NPDWR, EPA identifies a practical quantitation
limit (PQL), which is ``the lowest achievable level of analytical
quantitation during routine laboratory operating conditions within
specified limits of precision and accuracy'', as noted in the November
13, 1985, Federal Register proposed rule (50 FR 46880, USEPA, 1985).
EPA has a separate process in place to approve new analytical methods
for drinking water contaminants; therefore, review and approval of
potential new methods is outside the scope of the Six-Year Review
protocol. EPA recognizes, however, that the approval and adoption in
recent years of new and/or improved analytical methods may enable
laboratories to quantify contaminants at lower levels than was possible
when NPDWRs were originally promulgated. This ability of laboratories
to measure a contaminant at lower levels could affect its PQL, the
value at which an MCL is set when it is limited
[[Page 3524]]
by analytical feasibility. Therefore, the Six-Year Review process
includes an examination of whether there have been changes in
analytical feasibility that could possibly change the PQL for the
subset of the NPDWRs that reached this stage of the review.
To determine if changes in analytical feasibility could possibly
support changes to PQLs, EPA relied primarily on two alternate
approaches to develop an estimated quantitation limit (EQL): an
approach based on the minimum reporting levels (MRLs) obtained as part
of the Six-Year Review 3 Information Collection Request (ICR), and an
approach based on method detection limits (MDLs).
An MRL is the lowest level or contaminant concentration that a
laboratory can reliably achieve within specified limits of precision
and accuracy under routine laboratory operating conditions using a
given method. The MRL values provide direct evidence from actual
monitoring results about whether quantitation below the PQL using
current analytical methods is feasible. An MDL is a measure of
analytical method sensitivity. MDLs have been used in the past to
derive PQLs for regulated contaminants.
EPA used the EQL as a threshold for occurrence analysis to help the
Agency determine if there may be a meaningful opportunity to improve
public health protection. It should be noted, however, that the use of
an EQL does not necessarily indicate the Agency's intention to
promulgate a new PQL. Any revision to PQLs will be part of future
rulemaking efforts if EPA has determined that an NPDWR is a candidate
for revision.
4. Occurrence and Exposure Analysis
The occurrence and exposure analysis is conducted in conjunction
with other review elements to determine if there is a meaningful
opportunity to revise an NPDWR by:
Estimating the extent of contaminant occurrence, i.e., the
number of PWSs in which contaminants occur at levels of interest
(health-effects-based thresholds or analytical method limits), and
Evaluating the number of people potentially exposed to
contaminants at these levels.
To evaluate national contaminant occurrence under the Six-Year
Review 3, EPA reviewed data from the Six-Year Review 3 ICR database
(SYR3 ICR database), the UCMR datasets (USEPA, 2016j) and other
relevant sources.
For the Six-Year Review 3, EPA collected SDWA compliance monitoring
data through use of an ICR (75 FR 6023, USEPA, 2010a). EPA requested
that all states and primacy entities (tribes and territories)
voluntarily submit their compliance monitoring data for regulated
contaminants in public drinking water systems. Specifically, EPA
requested the submission of compliance monitoring data and related
information collected between January 2006 and December 2011 for
regulated contaminants and related parameters (e.g., water quality
indicators). Forty-six states plus eight primacy agencies provided
data. The assembled data constitute the largest, most comprehensive set
of drinking water compliance monitoring data ever compiled and analyzed
by EPA to inform decision making, containing almost 47 million records
from approximately 167,000 PWSs, serving approximately 290 million
people nationally. Through extensive data management efforts, quality
assurance evaluations, and communications with state data management
staff, EPA established the SYR3 ICR database (USEPA, 2016i). The number
of states and PWSs represented in the dataset varies across
contaminants because of variability in state data submissions and
contaminant monitoring schedules. Except as noted in Section VI, EPA
believes that these data are of sufficient quality to inform an
understanding of the national occurrence of regulated contaminants and
related parameters. Details of the data management and data quality
assurance evaluations are available in the supporting document (USEPA,
2016q). The resulting database is available online on the Six-Year
Review Web site (https://www.epa.gov/dwsixyearreview).
5. Treatment Feasibility
An NPDWR either identifies the BAT for meeting an MCL, or
establishes enforceable TT requirements. EPA reviews treatment
feasibility to ascertain if there are technologies that meet BAT
criteria for a hypothetical more stringent MCL, or if there is new
information that demonstrates an opportunity to improve public health
protection through revision of an NPDWR TT requirement.
To be a BAT, the treatment technology must meet several criteria
such as having demonstrated consistent removal of the target
contaminant under field conditions. Although treatment feasibility and
analytical feasibility together address the technical feasibility
requirement for an MCL, historically, treatment feasibility has not
been a limiting factor for MCLs. The result of this review element is a
determination of whether treatment feasibility would pose a limitation
to revising an MCL or provide an opportunity to revise the TT
requirement.
6. Risk-Balancing
EPA reviews risk-balancing to examine how the Six-Year Review can
address tradeoffs in risks among different NPDWRs and take into account
unregulated contaminants as well. Under this review, EPA considers
whether a change to an MCL and/or TT will increase the public health
risk posed by one or more contaminants, and, if so, the Agency
considers revisions that will balance overall risks. This review
element is relevant only to the NPDWRs included in the MDBP rules,
which were promulgated to address risk-balancing between microbial and
DBP requirements, and among differing types of DBPs. The risk-balancing
approach was based on the SDWA requirements that EPA ``minimize the
overall risk of adverse health effects by balancing the risk from the
contaminant and the risk from other contaminants the concentrations of
which may be affected by the use of a TT or process that would be
employed to attain the maximum contaminant level or levels'' (SDWA
Sec. 1412(b)(5)(B)(i)).
EPA reviewed risk-balancing between microbial and DBP contaminants.
For example, EPA considered the potential impact on DBP concentrations
should there be a consideration to increase the stringency of microbial
NPDWRs. This approach also was used during the development of more
recent MDBP rules such as the LT2 rule and the Stage 2 Disinfectants/
Disinfection Byproducts Rule (D/DBPR) rule. In addition, EPA reviewed
risk-balancing between different types of DBP contaminants. Depending
on the stringency of potential DBP regulations, compliance strategies
used by the regulated community might have the effect of increasing the
concentrations of other types of contaminants, both regulated and
unregulated. EPA considered these potential compliance strategies when
conducting its Six-Year Review 3 with a goal to balance the overall
health risks.
7. Other Regulatory Revisions
In addition to possible revisions to MCLGs, MCLs and TTs, EPA
evaluated whether other revisions are needed to regulatory provisions,
such as monitoring and system reporting requirements. EPA focused this
review element on issues that were not already being addressed through
alternative mechanisms, such as a recently completed, ongoing or
pending regulatory action. EPA also reviewed implementation-related
NPDWR
[[Page 3525]]
concerns that were ``ready'' for rulemaking--that is, the problem to be
resolved had been clearly identified, along with specific options to
address the problem that could be shown to either clearly improve the
level of public health protection, or represent a meaningful
opportunity for achieving cost savings while maintaining the same level
of public health protection. The result of this review element is a
determination regarding whether EPA should consider revisions to the
monitoring and/or reporting requirements of an NPDWR.
C. How did EPA factor children's health concerns into the review?
The 1996 amendments to SDWA require special consideration of
sensitive life stages and populations (e.g., infants, children,
pregnant women, elderly and individuals with a history of serious
illness) in the development of drinking water regulations (SDWA Sec.
1412(b)(3)(C)(V)). As a part of the Six-Year Review 3, EPA completed a
literature search covering developmental and reproductive endpoints
(e.g., fertility, embryo survival, developmental delays, birth defects
and endocrine effects) for information published as of December 2015
for regulated chemicals that had not been the subject of a health
effects assessment during this review period. EPA reviewed the results
of the literature searches to identify any studies that might suggest a
need to revise MCLGs. These studies were considered in EPA's review of
NPDWRs, which is discussed in Section VI.
D. How did EPA factor environmental justice concerns into the review?
Executive Order (E.O.) 12898, ``Federal Actions to Address
Environmental Justice in Minority Populations or Low-Income
Populations,'' establishes a federal policy for incorporating
environmental justice (EJ) into federal agency missions by directing
agencies to identify and address disproportionately high and adverse
human health or environmental effects of its programs, policies and
activities on minority and low-income populations. EPA evaluates
potential EJ concerns when developing regulations. This Six-Year Review
was developed in compliance with E.O. 12898. Should the Six-Year Review
lead to a decision to revise an NPDWR, any subsequent rulemakings will
include an EJ component and an opportunity for public comment.
VI. Results of EPA's Review of NPDWRs
Table VI-1 lists the results of EPA's review for each of the 76
NPDWRs discussed in this section of this action, along with the
principal rationale for the review outcomes. Table VI-1 also includes a
list of the 12 NPDWRs that have been recently completed, or have
ongoing or pending regulatory actions.
Table VI-1--Summary of Six-Year Review 3 Results
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Not Appropriate for Revision at Recently completed, 1,2-Dichloroethane E. coli.
this Time. ongoing or pending (Ethylene dichloride). Lead.
regulatory action. 1,2-Dichloropropane........ Tetrachloroethylene
Benzene.................... (PCE).
Carbon Tetrachloride....... Total coliforms (under
ADWR and RTCR).
Copper Trichloroethylene (TCE)
Dichloromethane (Methylene Vinyl chloride.
chloride).
Not Appropriate for Revision at Health effects Alpha/photon emitters...... Mercury \1\
this Time \2\. assessment in Arsenic.................... Nitrate \1\
process (as of Atrazine................... Nitrite \1\
December 2015) or Benzo(a)pyrene (PAHs)...... o-Dichlorobenzene \1\
contaminant Beta/photon emitters....... p-Dichlorobenzene \1\
nominated for health Cadmium \1\................ Polychlorinated
assessment. Chromium................... biphenyls (PCBs).
Di(2-ethylhexyl) phthalate Radium.
(DEHP) \1\. Simazine.
Ethylbenzene............... Uranium \1\
Glyphosate.................
No new information, 1,2-Dibromo-3-chloropropane Dalapon.
NPDWR remains (DBCP). Di(2-ethylhexyl)adipate
appropriate after 2,4,5-TP (Silvex).......... (DEHA).
review. Antimony................... Dinoseb.
Asbestos................... Endrin.
Bromate.................... Ethylene dibromide.
Chloramines (under D/DBPR). Pentachlorophenol.
Chlorine (under D/DBPR).... Thallium.
Chlorine dioxide........... trans-1,2-
Chlorobenzene Dichloroethylene.
(monochlorobenzene). Turbidity.
Low priority and/or 1,1,1-Trichloroethane...... Epichlorohydrin.
no meaningful 1,1,2-Trichloroethane...... Fluoride.
opportunity. 1,1-Dichloroethylene....... Heptachlor.
1,2,4-Trichlorobenzene..... Heptachlor epoxide.
2,3,7,8-TCDD (Dioxin)...... Hexachlorobenzene.
2,4-D...................... Hexachlorocyclopentadien
Acrylamide................. e.
Alachlor................... Lindane.
Methoxychlor.
Barium Oxamyl (Vydate).
Beryllium.................. Picloram.
Carbofuran................. Selenium.
Chlordane.................. Styrene.
cis-1,2-Dichloroethylene... Toluene.
Cyanide.................... Toxaphene.
Diquat..................... Xylenes.
Endothall..................
[[Page 3526]]
Candidate for Revision............ New information...... Chlorite................... Heterotrophic Bacteria.
Cryptosporidium (under Legionella.
SWTR, IESWTR, LT1). TTHM.
Giardia lamblia............ Viruses (under SWTR).
Haloacetic Acids (HAA5)....
----------------------------------------------------------------------------------------------------------------
\1\ Contaminants nominated for Integrated Risk Information System (IRIS) assessments per SYR Protocol.
\2\ LT2, FBRR, and GWR also identified as not appropriate for revision at this time. See Section VI.B.4 for
additional information on the results of EPA's review of these regulations.
A. What are the review result categories?
For each of the 76 NPDWRs discussed in detail in the following
sections of this action, the review outcomes fall in one of the
following categories:
1. The NPDWR is Not Appropriate for Revision at This Time
The current NPDWR remains appropriate and no action is necessary at
this time. In this category, NPDWRs are grouped under the following
subcategories:
Health effects assessment in process (as of December 2015)
or contaminant nominated for health assessment,
No new information and NPDWR remains appropriate after
review,
Data gaps/emerging information, and
No meaningful opportunity.
2. The NPDWR Is a Candidate for Revision
The NPDWR is a candidate for revision based on the review of new
information.
B. What are the detailed results of EPA's third six-year review cycle?
1. Chemical Phase Rules/Radionuclides Rules
Background
The NPDWRs for chemical contaminants, collectively called the Phase
Rules, were promulgated between 1987 and 1992 (after the 1986 SDWA
amendments). In December 2000, EPA promulgated final radionuclide
regulations, which were issued as interim rules in July 1976.
Information related to the review for fluoride is discussed separately
in Section VI.B.2.
Summary of Review Results
EPA has decided that it is not appropriate at this time to revise
any of the NPDWRs covered under the Phase Rules or Radionuclide Rules.
These NPDWRs were determined not to be candidates for revision for one
or more of the following reasons: There was no new information to
suggest possible changes in MCLG/MCL; new information did not present a
meaningful opportunity for health risk reduction or cost savings while
maintaining/improving public health protection; or there was an ongoing
or pending regulatory action. Details related to the review of all
Phase Rules and Radionuclide Rules contaminants can be found in the
``Chemical Contaminant Summaries for the Third Six-Year Review of
National Primary Drinking Water Regulations'' (USEPA, 2016b).
Initial Review
The initial review identified 12 chemical contaminants with NPDWRs
under the Chemical Phase Rules that were being considered as part of
ongoing or pending regulatory actions, and 61 chemical or radionuclide
NPDWRs were identified as appropriate for review. The NPDWRs with
ongoing or pending regulatory actions included eight carcinogenic
volatile organic compounds (cVOCs), lead, copper, acrylamide and
epichlorohydrin.
In 2011, EPA announced its plans to address a group of regulated
and unregulated cVOCs in a single regulatory effort. The eight
regulated VOCs being currently evaluated for a potential cVOCs group
regulation include: Benzene; carbon tetrachloride; 1,2-dichloroethane;
1,2-dichloropropane; dichloromethane; PCE; TCE; and vinyl chloride. The
regulatory revisions to TCE and PCE, initiated as an outcome of the
Six-Year Review 2, are also being considered as part of the group
regulatory effort. Since a regulatory effort is ongoing for these eight
contaminants, they were excluded from a detailed review as part of the
third Six-Year Review.
The NPDWRs for acrylamide and epichlorohydrin were also previously
identified as candidates for regulatory revision and were pending
regulatory action. The polyacrylamides and epichlorohydrin-based
polymers available today for water treatment have lower residual
monomer content than when EPA promulgated residual content as a TT
(USEPA, 2016s). For example, the 90th percentile concentration of
acrylamide residual monomer levels was approximately one-half the
residual level listed in the current TT and no residual epichlorohydrin
was detected. The health benefits associated with the lower impurity
levels are already being realized by communities throughout the
country; therefore, a regulatory revision will minimally affect health
risk. Given resource limitations, competing workload priorities, and
administrative costs and burden to states to adopt any regulatory
changes associated with the rulemaking, as well as limited potential
health benefits, these NPDWRs are considered a low priority and no
longer candidates for revision at this time.
EPA is also currently considering Long-Term Revisions to the Lead
and Copper Rule; and therefore, evaluation of that NPDWR under the Six-
Year Review process would be redundant.
Health Effects
The principal objectives of the health effects review are to
identify: (1) Contaminants for which a new health effects assessment
indicates that a change in MCLG might be appropriate (e.g., because of
a change in cancer classification or an RfD), and (2) contaminants for
which the Agency has identified new health effects information
suggesting a need to initiate a new health effects assessment.
Before identifying chemical NPDWR contaminants for which an updated
MCLG may be appropriate, EPA first identified chemicals with ongoing or
planned EPA health effects assessments. As of December 31, 2015, 19
chemical/radiological contaminants reviewed had ongoing or planned
formal EPA health effects assessments. Table VI-2 below lists the 19
contaminants with ongoing or planned EPA assessments and the status of
those reviews.
[[Page 3527]]
Table VI-2--Six-Year Review Chemical/Radiological Contaminants With Ongoing or Planned EPA Health Assessments
----------------------------------------------------------------------------------------------------------------
Chemical/radionuclide Status
----------------------------------------------------------------------------------------------------------------
Alpha/photon emitters.................... EPA is conducting a review of alpha and beta photo emitters.
Arsenic, inorganic....................... Inorganic arsenic is being assessed by the EPA IRIS Program. The
assessment status can be found at: (https://cfpub.epa.gov/ncea/iris2/atoz.cfm).
Atrazine................................. Atrazine and simazine are being assessed under EPA's pesticide
registration review process.
Benzo(a)pyrene........................... Benzo(a)pyrene is being assessed by the EPA IRIS Program. The
assessment status can be found at: (https://cfpub.epa.gov/ncea/iris2/atoz.cfm).
Beta/photon emitters..................... EPA is conducting a review of alpha and beta photo emitters.
Cadmium.................................. Cadmium is included in the EPA IRIS Multi-Year Agenda.
Chromium (VI) as part of total Cr)....... Chromium VI is being assessed by the EPA IRIS Program. The assessment
status can be found at: (https://cfpub.epa.gov/ncea/iris2/atoz.cfm).
DEHP..................................... DEHP is included in the EPA IRIS Multi-Year Agenda.
Ethylbenzene............................. Ethylbenzene is being assessed by the EPA IRIS Program. The
assessment status can be found at: (https://cfpub.epa.gov/ncea/iris2/atoz.cfm).
Glyphosate............................... GlyphosateGlyphosate is being assessed under EPA's pesticide
registration review process.
Mercury.................................. Mercury is included in the EPA IRIS Multi-Year Agenda.
Nitrate.................................. Nitrate is included in the EPA IRIS Multi-Year Agenda.
Nitrite.................................. Nitrite is included in the EPA IRIS Multi-Year Agenda.
o-Dichlorobenzene........................ o-Dichlorobenzene is included in the EPA IRIS Multi-Year Agenda.
p-Dichlorobenzene........................ p-Dichlorobenzene is included in the EPA IRIS Multi-Year Agenda.
PCBs..................................... PCBs are being assessed by the EPA IRIS Program. The assessment
status can be found at: (https://cfpub.epa.gov/ncea/iris2/atoz.cfm).
Radium (226, 228)........................ EPA is conducting a review of radium.
Simazine................................. Atrazine and simazine are being assessed under EPA's pesticide
registration review process.
Uranium.................................. Uranium is included in the EPA IRIS Multi-Year Agenda.
----------------------------------------------------------------------------------------------------------------
For chemicals that were not excluded due to an ongoing or planned
health effects assessment by EPA, or by the National Academy of
Sciences (NAS), commissioned by EPA, a more detailed review was
undertaken. Of the chemicals that underwent a more detailed review, EPA
identified 21 for which there have been official Agency changes in the
RfD and/or in the cancer risk assessment from oral exposure or new
relevant non-EPA assessments that might support a change to the MCLG.
These 21 chemicals were further evaluated as part of the Six-Year
Review 3 to determine whether they were candidates for regulatory
revision. Table VI-3 lists the 21 chemicals with available new health
effects information and the sources of the relevant new information. As
shown in this table, 11 chemical contaminants have information that
could support a lower MCLG and 10 contaminants have new information
that could support a higher MCLG.
Table VI-3--Chemicals With Available New Health Assessment That Could
Support a Change in MCLG
------------------------------------------------------------------------
Chemical Relevant new assessment
------------------------------------------------------------------------
Potential Decrease in MCLG
------------------------------------------------------------------------
Carbofuran....................... USEPA, 2008a (OPP).
Cyanide.......................... USEPA, 2010e (IRIS).
cis-1,2-Dichloroethyelene........ USEPA, 2010d (IRIS).
Endothal......................... USEPA, 2005f (OPP).
Hexachloropentadiene............. USEPA, 2001a (IRIS).
Methoxychlor..................... CalEPA 2010a.
Oxamyl........................... USEPA, 2010f (OPP).
Selenium......................... Health Canada 2014.
Styrene.......................... CalEPA 2010b.
Toluene.......................... USEPA, 2005c (IRIS).
Xylenes.......................... USEPA, 2003a (IRIS).
------------------------------------------------------------------------
Potential Increase in MCLG
------------------------------------------------------------------------
Alachlor......................... USEPA, 2006a (OPP).
Barium........................... USEPA, 2005b (IRIS).
Beryllium........................ USEPA, 1998a (IRIS).
1,1-Dichloroethylene............. USEPA, 2002b (IRIS).
2,4 Dichlorophenoxy-acetic Acid.. USEPA, 2013b (OPP).
Diquat........................... USEPA, 2002a (OPP).
Lindane.......................... USEPA, 2002d (OPP).
Picloram......................... USEPA, 1995 (OPP).
1,1,1-Trichloroethane............ USEPA, 2007a (IRIS).
1,2,4-Trichlorobenzene........... ATSDR, 2010.
------------------------------------------------------------------------
[[Page 3528]]
Details of the health effects review of the chemical and
radiological contaminants are documented in the ``Six-Year Review 3--
Health Effects Assessment for Existing Chemical and Radionuclides
National Primary Drinking Water Regulations--Summary Report'' (USEPA,
2016h).
Analytical Feasibility
EPA performed analytical feasibility analyses for the contaminants
that reached this portion of the review. These contaminants included
the 11 chemical contaminants identified under the health effects review
as having potential for a lower MCLG and an additional 14 contaminants
with MCLs based on analytical feasibility and MCLs higher than the
current MCLGs. The document ``Analytical Feasibility Support Document
for the Third Six-Year Review of National Primary Drinking Water
Regulations: Chemical Phase Rules and Radionuclides Rules'' (USEPA,
2016a) describes the first step in the process EPA used to evaluate
whether changes in PQL are possible in those instances where the MCL is
limited, or may be limited, by analytical feasibility. The EQL analysis
is documented in the '' Development of Estimated Quantitation Levels
for the Third Six-Year Review of National Primary Drinking Water
Regulations (Chemical Phase Rules)'' (USEPA, 2016d).
Table VI-4 shows the outcomes of EPA's analytical feasibility
review for two general categories of drinking water contaminants:
Contaminants where health effects assessments indicate potential for
lower MCLGs; and contaminants where existing MCLs are based on
analytical feasibility.
A health effects assessment indicates potential for lower
MCLG. This category includes the 11 contaminants identified in the
health effects review as having information indicating the potential
for a lower MCLG. EPA reviewed analytical feasibility to determine if
analytical feasibility could limit the potential for MCL revisions. For
six contaminants (carbofuran, cyanide, endothall, methoxychlor, oxamyl
and styrene), the current PQL is higher than the potential new MCLG
identified in the health effects review. For these contaminants, the
PQL assessment did not support reduction of the current PQL, or data
were inconclusive or insufficient to reach a conclusion. Consequently,
analytical feasibility could be a limiting factor for setting the MCL
equal to the potential new MCLG. The current PQL is not a limiting
factor for the remaining five contaminants identified by the health
effects review for possible changes in their MCLG (i.e., cis-1,2-
dichloroethylene, hexachlorocyclopentadiene, selenium, toluene and
xylene).
Contaminants for which existing MCLs are based on
analytical feasibility. This category includes 14 contaminants with
existing MCLs that are greater than their MCLGs because they are
limited by analytical feasibility. Two of the contaminants (thallium
and 1,1,2-trichloroethanetrichloroethane) are non-carcinogenic and have
a non-zero MCLG and the remaining 12 contaminants are carcinogens with
MCLGs equal to zero. EPA evaluated whether the PQL could be lowered for
each of these contaminants. For one contaminant, 1,1,2-trichloroethane,
EPA concluded that new information from Proficiency Testing (PT)
studies, along with MRL and MDL data, indicate the potential to revise
the PQL. For two contaminants (dioxin and PCBs), data from PT studies
were inconclusive, but MRL and MDL data indicated the potential to
revise the PQL. For five contaminants (chlordane, heptachlor,
heptachlor epoxide, hexachlorobenzene and toxaphene) data from PT and
MRL studies were inconclusive, but MDL data indicate the potential to
revise the PQL. For the remaining five contaminants, either EPA did not
have sufficient new information to evaluate analytical feasibility or
EPA concluded that new information does not indicate the potential for
a PQL revision.
Where these evaluations indicated the potential for a PQL
reduction, Table VI-4 lists the type of data that support this
conclusion. The notation ``PT'' indicates that the PQL reassessment
based on PT data (USEPA, 2016a) supports the reduction. The notations
``MRL'' and ``MDL'' indicates that these two approaches support PQL
reduction. The findings based on PT offer more certainty. When the PQL
reassessment outcome is that the current PQL remains appropriate, Table
VI-4 shows the result ``Data do not support PQL reduction.''
Table VI-4--NPDWRs Included in Analytical Feasibility Reassessment and
Result of That Assessment
------------------------------------------------------------------------
Current PQL Analytical feasibility
Contaminant ([mu]g/L) reassessment result
------------------------------------------------------------------------
11 Contaminants Identified Under the Health Effects Review as Having
Potential for Lower MCLG
------------------------------------------------------------------------
Carbofuran..................... 7 Data do not support PQL
reduction.
Cyanide........................ 100 Data do not support PQL
reduction.
cis-1,2-Dichloroethylene....... 5 PQL not limiting.
Endothall...................... 90 PQL reduction supported
(MRL, MDL).
Hexachlorocyclopentadiene...... 1 PQL not limiting.
Methoxychlor................... 10 PQL reduction supported
(PT, MRL).
Oxamyl......................... 20 PQL reduction supported
(MRL, MDL).
Selenium....................... 10 PQL not limiting.
Styrene........................ 5 PQL reduction supported
(PT, MRL, MDL).
Toluene........................ 5 PQL not limiting.
Xylene......................... 5 PQL not limiting.
------------------------------------------------------------------------
14 Contaminants With MCLs Based on Analytical Feasibility and Higher
Than MCLGs
------------------------------------------------------------------------
Benzo(a)pyrene................. 0.2 Data do not support PQL
reduction.
Chlordane...................... 2 PQL reduction supported
(MRL, MDL).
1,2-Dibromo-3-chloropropane 0.2 Data do not support PQL
(DBCP). reduction.
Di(2-ethylhexyl)phthalate 6 Data do not support PQL
(DEHP). reduction.
Ethylene dibromide (EDB)....... 0.05 Data do not support PQL
reduction.
Heptachlor..................... 0.4 PQL reduction supported
(MDL).
Heptachlor Epoxide............. 0.2 PQL reduction supported
(MDL).
Hexachlorobenzene.............. 1 PQL reduction supported
(PT, MDL).
Pentachlorophenol.............. 1 Data do not support PQL
reduction.
[[Page 3529]]
PCBs........................... 0.5 Data do not support PQL
reduction.
Dioxin......................... 3.0 x 10-5 PQL reduction supported
(MRL, MDL).
Thallium....................... 2 Data do not support PQL
reduction.
Toxaphene...................... 3 PQL reduction supported
(MDL).
1,1,2-Trichloroethane.......... 5 PQL reduction supported
(PT, MRL, MDL).
------------------------------------------------------------------------
Occurrence and Exposure
Using the SYR3 ICR database, EPA conducted an assessment to
evaluate national occurrence of regulated contaminants and estimate the
potential population exposed to these contaminants. The details of the
current chemical occurrence analysis are documented in ``The Analysis
of Regulated Contaminant Occurrence Data from Public Water Systems in
Support of the Third Six-Year Review of National Primary Drinking Water
Regulations: Chemical Phase Rules and Radionuclides Rules'' (USEPA,
2016p). Based on benchmarks identified in the health effects and
analytical feasibility analyses, EPA conducted the occurrence and
exposure analysis for 18 contaminants.
This analysis shows that these 18 contaminants occur at levels
above the identified benchmark in a very small percentage of systems,
which serve a very small percentage of the population, indicating that
revisions to NPDWRs are unlikely to provide a meaningful opportunity to
improve public health protection across the nation. Therefore, these
contaminants were not identified as candidates for regulatory revision.
Table VI-5 lists the benchmarks used to conduct the occurrence
analysis, the total number of systems with mean concentrations
exceeding a benchmark and the estimated population served by those
systems.
Table VI-5--Occurrence and Potential Exposure Analysis for Chemical NPDWRs
----------------------------------------------------------------------------------------------------------------
Population served by
Number (and percentage) systems with a mean
Benchmark \1\ of systems with a mean concentration higher
Contaminant (ug/L) concentration higher than benchmarks (and
than benchmarks percentage of total
population)
----------------------------------------------------------------------------------------------------------------
Contaminants Identified Under the Health Effects Review as Having Potential for Lower MCLG
----------------------------------------------------------------------------------------------------------------
Carbofuran.................................... >5 1 (0.00%) 993 (0.0004%)
Cyanide....................................... >50 98 (0.27%) 574,038 (0.27%)
cis-1,2-Dichloroethylene...................... >10 4 (0.01%) 5,569 (0.00%)
Endothall..................................... >50 1 (0.01%) 993 (0.001%)
Hexachlorocyclopentadiene..................... >40 0 (0.00%) 0 (0.00%)
Methoxychlor.................................. >1 1 (0.003%) 993 (0.000%)
Oxamyl........................................ >9 2 (0.01%) 9,742 (0.004%)
Selenium...................................... >40 49 (0.10%) 135,685 (0.05%)
Styrene....................................... >0.5 117 (0.210%) 571,425 (0.217%)
Toluene....................................... >600 0 (0.00%) 0 (0.00%)
Xylene........................................ >1,000 2 (0.004%) 825 (0.0003%)
----------------------------------------------------------------------------------------------------------------
Contaminants With MCLs Based on Analytical Feasibility and Higher Than MCLGs
----------------------------------------------------------------------------------------------------------------
Chlordane..................................... >1 3 (0.01%) 1,353 (0.001%)
Heptachlor.................................... >0.1 3 (0.01%) 1,643 (0.00%)
Heptachlor Epoxide............................ >0.04 14 (0.04%) 11,659 (0.005%)
Hexachlorobenzene............................. >0.1 6 (0.016%) 8,703 (0.004%)
2,3,7,8-TCDD (Dioxin)......................... >0.000005 2 (0.06%) 1,450 (0.002%)
Toxaphene..................................... >1 6 (0.02%) 715,106 (0.32%)
1,1,2-Trichloroethane......................... >3 0 (0.00%) 0 (0.00%)
----------------------------------------------------------------------------------------------------------------
In addition, EPA performed a source water occurrence analysis for
the 10 chemical contaminants in which updated health effects
assessments indicated the possibility to increase (i.e., render less
stringent) the MCLG values. EPA conducted this analysis to determine if
there was a meaningful opportunity to achieve cost savings while
maintaining or improving the level of public health protection. The
data available to characterize contaminant occurrence was limited
because there is no comprehensive dataset that characterizes source
water quality for drinking water systems. Data from the U.S. Geological
Survey (USGS) National Water Quality Assessment program and the U.S.
Department of Agriculture Pesticide Data Program water monitoring
survey provide useful insights into potential contaminant occurrence in
source water. The analysis of the available contaminant occurrence data
for potential drinking water sources indicated relatively low
contaminant occurrence in the concentration ranges of interest. As a
consequence, EPA could not conclude that there is a meaningful
opportunity for system cost savings by increasing the MCLG and/or MCL
for these 10 contaminants. The results of this
[[Page 3530]]
analysis were documented in ``Occurrence Analysis for Potential Source
Waters for the Third Six-Year Review of National Primary Drinking Water
Regulations'' (USEPA, 2016e).
Treatment Feasibility
Currently, all of the MCLs for chemical and radiological
contaminants are set equal to the MCLGs or PQLs or are based on
benefit-cost analysis; none are currently limited by treatment
feasibility. EPA considers treatment feasibility after identifying
contaminants with the potential to lower the MCLG/MCL that constitute a
meaningful opportunity to improve public health. No such contaminants
were identified in the occurrence and exposure analysis described
above.
Other Regulatory Revisions
In addition to possible revisions to MCLGs, MCLs and TTs, EPA
considered whether other regulatory revisions are needed to address
implementation issues, such as revisions to monitoring and system
reporting requirements, as a part of the Six-Year Review 3. EPA used
the protocol to evaluate which implementation issues to consider
(USEPA, 2016f). EPA's protocol focused on items that were not already
being addressed, or had not been addressed, through alternative
mechanisms (e.g., as a part of a recent or ongoing rulemaking).
Implementation Issues Identified for the Six-Year Review 3
EPA compiled information on implementation related issues
associated with the Chemical Phase Rules. EPA also identified
unresolved implementation issues/concerns from previous Six-Year
Reviews. EPA shared the list of identified potential implementation
issues with a group of state representatives convened by ASDWA to
obtain input from state drinking water agencies concerning the
significance and relevance of the issues (ASDWA, 2016). The complete
list of implementation issues related to the Phase Rules and
Radionuclide Rules is presented in ``Consideration of Other Regulatory
Revisions in Support of the Third Six-Year Review of the National
Primary Drinking Water Regulations: Chemical Phase Rules and
Radionuclide Rules'' (USEPA, 2016c).
The Agency determined that the following three issues, identified
by state stakeholders, were within the scope of NPDWR review and were
the most substantive:
a. Nitrogen monitoring in consecutive systems and the distribution
system,
b. Alternative nitrate-nitrogen MCL of 20 mg/L for non-community
water systems (NCWSs), and
c. Synthetic organic chemical (SOC) detection limits.
Table VI-6 provides a brief description of the three issues and the
Agency's findings to date.
Table VI-6--Chemical Rule Implementation Issues Identified That Fall
Within the Scope of an NPDWR Review
------------------------------------------------------------------------
Implementation issue Description and findings
------------------------------------------------------------------------
Nitrogen Monitoring in Consecutive Current nitrite and nitrate
Systems and the Distribution standards are measured at the point
System. of entry to the distribution
system. Under some conditions,
nitrification of ammonia in water
system distribution networks could
potentially result in increased
total nitrite or nitrate
concentrations at the point of use.
To address the concern, certain
water systems could develop and
implement a nitrification
monitoring program, which would
include changing or adding
additional monitoring locations.
Research is needed to further
evaluate the extent of this
potential issue, including
development of criteria to identify
the specific systems where
distribution system monitoring
could be targeted. If the outcome
of the research suggests that the
magnitude of the problem represents
a meaningful opportunity to improve
public health protection, the
regulation could be considered for
revision.
Alternative Nitrate-Nitrogen MCL EPA evaluated the possibility of
of 20 mg/L for NCWS. removing or further restricting the
option for some NCWSs to use an
alternative nitrate-nitrogen MCL of
up to 20 mg/L. The nitrate-nitrogen
MCL in PWSs is 10 mg/L. However,
Sec. 141.11 of the Code of
Federal Regulations (CFR) provides
that states have the discretion to
allow some NCWSs to use an
alternative nitrate-nitrogen MCL of
up to 20 mg/L if certain conditions
are met, including conditions where
water will not be available to
children under six months of age.
Other provisions related to this
issue are included in Sec. 141.23
of the CFR, which pertains to
monitoring. This section states:
``Transient, non-community water
systems shall conduct monitoring to
determine compliance with the
nitrate and nitrite MCL in Sec.
Sec. 141.11 and 141.62 (as
appropriate) in accordance with
this section.'' The monitoring
section does not address non-
transient non-community water
systems (NTNCWSs) eligibility to
use an alternative nitrate MCL.
Two potential concerns identified
with the current rule provisions
are:
Potential health concerns
other than methemoglobinemia
associated with the ingestion of
nitrate-nitrogen, such as
possible effects on fetal
development.
The fact that the
alternative MCL was initially
intended to be used by entities
such as industrial plants that do
not provide drinking water to
children under six months of age
(44 FR 42254, USEPA, 1979).
Industrial plants are generally
considered to be NTNCWSs.
Therefore, it is possible the
alternative MCL was intended to
apply specifically to NTNCWSs and
not transient non-community water
systems (TNCWSs).
The Agency has nominated nitrate and
nitrite for an IRIS assessment as a
result of the Six-Year Review
process, and both of these
contaminants are listed in the IRIS
multi-year plan. An updated
assessment is needed that evaluates
health effects other than
methemoglobinemia. Specifically, an
assessment is needed that evaluates
potential health effects of nitrate-
nitrogen at levels between 10 and
20 mg/L on adult populations. When
completed, the IRIS assessment may
support initiation of a rule
revision if potential adverse
health effects were identified at
drinking water concentrations below
the alternative nitrate MCL of 20
mg/L for populations other than
infants less than six-months of
age.
[[Page 3531]]
Synthetic Organic Chemical (SOC) According to states, some
Detection Limits. laboratories have reported
difficulty in achieving the
detection limits for some SOCs on a
regular basis. Section 40 CFR
141.24(h)18 provides detection
limits for the SOCs, including some
pesticides. PWSs that do not detect
a SOC contaminant above these
concentrations may qualify for
reduced monitoring frequency for
individual contaminants. It was
reported that some SOCs may have
detection limits that are lower
than levels that can be
economically and efficiently
achieved by laboratories using
approved methods. Thus, some water
systems may not be able to qualify
for reduced monitoring if the
laboratories cannot achieve the
listed detection limits. This issue
was also identified as a concern by
the states during the Six-Year
Review 2.
To address the SOC method detection
limits, the Agency investigated the
MRL values for SOCs from the SYR 3
ICR and found there was an existing
approved analytical method for each
SOC that laboratories can use to
achieve the appropriate detection
limits in order to reduce
monitoring requirements.
Using the MRL values, the Agency
evaluated the percentage of records
in the ICR database at or below the
detection limit. EPA considered
this percentage as an indication of
laboratories' collective ability to
detect contaminant concentrations
at or below these levels. The
Agency found that for most of the
SOCs, nearly half of the records
were at or below the detection
limit listed in the regulation
while other SOCs had a sufficient
number of records below the
detection limit to determine that
there was an approved analytical
method that could be used.
------------------------------------------------------------------------
2. Fluoride
Background
Fluoride can occur naturally in drinking water as a result of the
geological composition of soils and bedrock. Some areas of the country
have high levels of naturally occurring fluoride. EPA established the
current NPDWR to reduce the public health risk associated with exposure
to high levels of naturally occurring fluoride in drinking water
sources.
Low levels of fluoride are frequently added to drinking water
systems as a public health protection measure for reducing the
incidence of cavities. The decision to fluoridate a community water
supply is made by the state or local municipality, and is not mandated
by EPA or any other federal entity. The U.S. Public Health Service
(PHS) recommendation for community water fluoridation is 0.7 mg/L (U.S.
Department of Health and Human Services, 2015). Fluoride is also added
to various consumer products (such as toothpaste and mouthwash) because
of its beneficial effects at low level exposures.
EPA published the current NPDWR on April 2, 1986 (51 FR 11396,
USEPA, 1986) to reduce the public health risk associated with exposure
to high levels of naturally occurring fluoride in drinking water
sources. The current NPDWR established an MCLG and MCL of 4.0 mg/L to
protect against the most severe stage of skeletal fluorosis (referred
to as the ``crippling'' stage) (NRC, 2006a). EPA also established a
secondary maximum contaminant level (SMCL) for fluoride of 2.0 mg/L to
protect against moderate and severe dental fluorosis, which was
considered at the time to be a cosmetic effect. As provided under the
statute, the SMCL is not enforceable in the same manner as the MCL.
Public notification is required when PWSs exceed the MCL or SMCL.
EPA has reviewed the NPDWR for fluoride in previous Six-Year Review
cycles. As a result of the first Six-Year Review (68 FR 42908, USEPA,
2003b), EPA requested that the National Research Council (NRC) of the
National Academies of Sciences (NAS) conduct a review of the health and
exposure data on orally ingested fluoride. In 2006, the NRC published
the results of its review and concluded that severe dental fluorosis is
an adverse health effect when it causes both a thinning and pitting of
the enamel, a situation that compromises the function of the enamel in
protecting against decay and infection (NRC, 2006a). The NRC
recommended that EPA develop a dose-response assessment for severe
dental fluorosis as the critical effect and update an assessment of
fluoride exposure from all sources.
During the Six-Year Review 2, the Agency was in the process of
developing a dose-response assessment of the non-cancer impacts of
fluoride on severe dental fluorosis and the skeletal system. In
addition, EPA was in the process of updating its evaluation of the
relative source contribution (RSC) of drinking water to total fluoride
exposure considering the contributions from dental products, foods,
pesticide residues, and other sources such as ambient air and
medications. These assessments were not completed at the time of the
Six-Year Review 2; thus, no action was taken under the Six-Year Review
2 (75 FR 15500, USEPA, 2010h).
In 2010, EPA published fluoride health assessments. The ``Dose
Response Analysis for Non-Cancer Effects'' (USEPA, 2010b) identified an
oral RfD for fluoride of 0.08 milligrams per kilograms per day (mg/kg/
day) based on studies of severe dental fluorosis among children in the
six months to 14 year age group (USEPA, 2010b). The ``Exposure and
Relative Source Contribution Analysis'' (USEPA, 2010c) concluded that
the RSC values for drinking water range from 40 to 70 percent, with the
higher values associated with infants fed with powdered formula or
concentrate reconstituted with residential tap water (70%) and with
adults (60%). The major contributors to total daily fluoride intakes
for these age groups are drinking water, commercial beverages, solid
foods and swallowed fluoride-containing toothpaste (USEPA, 2010c).
Summary of Review Results
The Agency has determined that a revision to the NPDWR for fluoride
is not appropriate at this time. EPA acknowledges information regarding
the exposure and health effects of fluoride (as discussed later in the
``Health Effects'' and ``Occurrence and Exposure'' sections). However,
with EPA's identification of several other significant NPDWRs as
candidates for near-term revision (see Sections VI.B.3 and VI.B.4),
potential revision of the fluoride NPDWR is a lower priority that would
divert significant resources from the higher priority candidates for
revision that the Agency has identified, as well as other high priority
work within the drinking water office. These other candidates for
revision include the Stage 1 and Stage 2 Disinfectants and Disinfection
Byproducts Rules (D/DBPRs) that apply to approximately 42,000 PWSs, and
for which EPA has identified the potential to further reduce
[[Page 3532]]
bladder cancer risks attributed to exposure to DBPs; the Surface Water
Treatment Rules, for which the Agency has identified the potential to
further reduce risks from a myriad of serious waterborne diseases
(e.g., giardiasis, cryptosporidiosis, legionellosis, hepatitis,
meningitis and encephalitis) for approximately 12,000 surface water
systems; and the pending revisions to the lead and copper NPDWR which
apply to approximately 68,000 PWSs.
While EPA has evaluated the available health effects and exposure
information related to fluoride (as discussed later in the ``Health
Effects'' and ``Occurrence and Exposure'' sections), the Agency also
recognizes that new studies on fluoride are currently being performed.
These include new studies that address health endpoints of concern
other than dental fluorosis. Based on the NRC recommendations, EPA
evaluated dental fluorosis for the purposes of this action. EPA will
continue to monitor the evolving science, and, when appropriate, will
reconsider the fluoride NPDWR's relative priority for revision and take
any other available and appropriate action to address fluoride risks
under SDWA.
Finally, most community water systems (CWSs) that provide
fluoridation of their drinking water have already lowered their
fluoridation level to a single level of 0.7 mg/L from a previous range
of 0.7 to 1.2 mg/L to accommodate the updated PHS recommendation (U.S.
Department of Health and Human Services, 2015). The U.S. Food and Drug
Administration (FDA) also issued a letter to bottled water
manufacturers recommending that they not add fluoride to bottled water
in excess of the revised PHS recommendations (FDA, 2015). In addition,
the FDA stated it intends to revise the quality standard regulation for
fluoride added to bottled water to be consistent with the updated PHS
recommendation. Therefore, EPA anticipates that a significant portion
of the population's exposure to fluoride in drinking water, as well as
some commercial beverages that use fluoridated water from CWSs and
certain bottled water, has already been or will be reduced.
Notwithstanding this action's decision, EPA will continue to address
risk associated with fluoride in drinking water, with a specific focus
on the small systems with naturally occurring fluoride in their source
waters.
Initial Review
EPA did not identify any recent, ongoing or pending action on
fluoride that would exclude fluoride from the Six-Year Review 3.
Health Effects
The NRC (2006a) evaluated the impact of fluoride on reproduction
and development, neurotoxicity and behavior, the endocrine system,
genotoxicity, cancer and other effects, in addition to the tooth and
bone effects. At fluoride levels below 4.0 mg/L, the NRC found no
evidence substantial enough to support adverse effects other than
severe dental fluorosis and skeletal fractures. The NRC concluded that
the available data were inadequate to determine if a risk of effects on
other endpoints exists at an MCLG of 4.0 mg/L and made recommendations
for additional research.
EPA assessments (USEPA, 2010b; 2010c) found that the RSC values are
lower than the RSC of 100 percent used to derive the original MCLG of
4.0 mg/L, where EPA assumed that drinking water was the sole source of
exposure to fluoride. EPA has concluded that information on the dose-
response and exposure assessment may support lowering the MCLG to
reflect levels that would protect against risk of severe dental
fluorosis and skeletal fractures.
As part of this Six-Year Review, EPA reviewed health effects data
on the impact of fluoride on reproduction and development,
neurotoxicity and behavior, the endocrine system, genotoxicity, cancer
and other effects that were identified by the NRC as requiring
additional research (NRC, 2006a). EPA noted limitations in some of
these studies such as lack of details and confounding factors. Overall,
the new data were insufficient to alter the NRC conclusion that severe
dental fluorosis is the critical health effects endpoint for the MCLG.
Based upon the recommendations of the NRC, EPA has evaluated dental
fluorosis as a critical endpoint of concern for this Six-Year Review
(USEPA, 2010b; 2010c). However new studies are underway to examine
other health endpoints (i.e., developmental neurobehavior effects,
endocrine disruption and genotoxicity). One example is an ongoing
National Toxicology Program (NTP) systematic review of animal studies
that examined the impact of fluoride on learning and memory (NTP,
2016). For more information about fluoride developmental neurotoxicity
visit the National Toxicology Program Web site at https://ntp.niehs.nih.gov/pubhealth/hat/noms/fluoride/neuro-index.html.
Additional information related to the review of the fluoride NPDWR is
provided in the ``Six-Year Review 3 Health Effects Assessment Summary
Report'' (USEPA, 2016h).
Analytical Feasibility
The current PQL for fluoride is 0.5 mg/L (USEPA, 2009a). EPA has
not identified any changes in analytical feasibility that could limit
its ability to revise the MCL/MCLG for fluoride.
Occurrence and Exposure
EPA analyzed fluoride occurrence using the SYR3 ICR database, which
contains fluoride analytical results from approximately 47,000 PWSs in
49 states/entities from 2006 to 2011. Sample records for fluoridated
water (i.e., in which a system adds fluoride to maintain a
concentration in the 0.7 to 1.2 mg/L range) were omitted from the
analysis because the fluoridated systems would not be impacted by
revisions to the fluoride NPDWR. EPA estimated the number and percent
of systems that have mean fluoride concentrations exceeding various
benchmarks and the corresponding estimates of population served by
those systems. The data indicated that about 130 systems (0.3 percent),
serving approximately 60,000 people (0.03 percent), had an estimated
system mean concentration exceeding the current MCL of 4.0 mg/L,
whereas more than 900 systems (2 percent), serving approximately 1.5
million people (0.8 percent), had an estimated system mean
concentration greater than the SMCL of 2.0 mg/L. Among these systems,
many are small systems (serving fewer than 10,000 people) and very
small systems (serving fewer than 500 people). Evaluations based on
mean (or average) fluoride concentrations generally reflect an
approximation of chronic (long-term) exposure. It is important to note
that these average concentration-based evaluations help to inform Six-
Year Review results, but do not assess compliance with regulatory
standards nor should be viewed as compliance forecasts for PWSs.
Treatment Feasibility
A BAT or small system compliance technology for fluoride was not
established in the Code of Federal Regulations (40 CFR 141.62).
However, EPA (1998d) identified activated alumina and reverse osmosis
as BATs for fluoride.
Activated alumina is the most commonly used treatment technology
for fluoride removal. It is capable of removing fluoride to
concentrations well below the MCL of 4.0 mg/L, but with a shortened
media life at lower target concentrations. Membrane technologies, such
as reverse osmosis, nanofiltration, and electrodialysis, are
[[Page 3533]]
also capable of removing fluoride to very low levels (<0.3 mg/L). They
are often used to remove fluoride along with other contaminants such as
total dissolved solids, arsenic, and uranium. In general, these
technologies are costly and complex to operate--and thus likewise
present potential challenges for small water systems (USEPA, 2014a).
3. Disinfectants/Disinfection Byproducts Rules (D/DBPRs)
Background
The D/DBPRs were promulgated in two stages--Stage 1 in 1998 (63 FR
69390, USEPA, 1998b) and Stage 2 in 2006 (71 FR 388, USEPA, 2006d).
Disinfection byproducts (DBPs) are formed when the disinfectants
commonly used in PWSs to kill microorganisms react with organic and
inorganic matter in source water. DBPs have been associated with
potential adverse health effects, including cancer and developmental
and reproductive effects. Monitoring parameters within the D/DBPRs
consist of the following: DBPs--TTHM, HAA5, bromate and chlorite;
disinfectants--chlorine, chloramines and chlorine dioxide; and water
quality indicators--total organic carbon (TOC) and alkalinity. The
rules include MCLGs/MRDLGs, as well as MCLs/MRDLs and TT requirements,
which were developed for individual parameters considering their health
risks.
For organic DBPs, the concern is potential increased risk of cancer
and short-term adverse reproductive and developmental effects. For
bromate, the concern is potential increased risk of cancer. Chlorite (a
regulated DBP) and chlorine dioxide (a disinfectant) are associated
with methemoglobinemia, and for infants, young children and pregnant
women, effects on the thyroid are also of concern. For chlorine and
chloramines, health effects include eye/nose irritation and stomach
discomfort (for chloramines, also anemia).
The D/DBPRs apply to all sizes of CWSs and non-transient non-
community water systems (NTNCWSs) that chemically disinfect their water
or receive chemically disinfected water (that is, involving any
disinfectants other than ultraviolet (UV) light), as well as transient
non-community water systems (TNCWSs) that add chlorine dioxide. The
rules require that these systems comply with established MCLs, TTs,
operational evaluation levels for DBPs and MRDLs for disinfectants.
A major challenge for water suppliers is balancing the risks from
microbial pathogens and DBPs. The risk-balancing tradeoff approach was
intended to lower the overall risks from DBP mixtures while continuing
to provide public health protection from microbial risks.
Summary of Review Results
EPA has identified the following NPDWRs within the D/DBPRs as
candidates for revision under this Six-Year Review cycle because of the
opportunity to further reduce public health risk from exposure to DBPs:
Chlorite, HAA5 and TTHM. This result is based on a scientific review of
publicly available information. EPA's review process follows the
protocol described in Section V of this document. New information has
strengthened the weight of evidence supporting an association between
chlorination DBPs and bladder cancer risk compared to the information
available during development of the existing D/DBPRs. New information
also is available related to the reproductive/developmental effects
discussed in the Stage 2 D/DBPR. In addition, new toxicological data
are available to support the development of MCLGs for some individual
DBPs currently lacking MCLGs (for example, dibromoacetic acid).
This result will also provide for additional opportunity to address
concerns with unregulated DBPs: For example, nitrosamines and chlorate.
In the Federal Register document for Preliminary Regulatory
Determination 3 (79 FR 62715, USEPA, 2014b), the Agency stated that
``because chlorate and nitrosamines are DBPs that can be introduced or
formed in PWSs partly because of disinfection practices, the Agency
believes it is important to evaluate these unregulated DBPs in the
context of the review of the existing DBP regulations. DBPs need to be
evaluated collectively, because the potential exists that the strategy
used to control a specific DBP could increase the concentrations of
other DBPs. Therefore, the Agency is not making a regulatory
determination for chlorate and nitrosamines at this time.''
Chlorate and chlorite are two different oxidation states of
chlorine and are chemically inter-convertible. They occur, and can co-
occur, when hypochlorite solution and/or chlorine dioxide are applied
during the drinking water treatment process. Chlorite is a regulated
DBP. New information has shown that the relative source contribution
for chlorite could be lower than previously estimated in the existing
D/DBPRs, which could lead to a lower MCLG, and that there are common
health endpoints associated with exposure to chlorite and chlorate.
Compliance monitoring data evaluated for the Six-Year Review 3 show
widespread occurrence of DBPs and their organic precursors (as measured
as TOC) in drinking water. Research that has been published since the
development of the Stage 2 D/DBPR has improved EPA's understanding of
the effectiveness of and limitations associated with various treatment
approaches, such as those for removal of precursors, use of
disinfectants other than chlorine and localized treatment.
Given that this is the first time EPA is conducting a Six-Year
Review of the D/DBPRs, extensive information about review findings is
provided below, with further information provided in EPA's ``Six-Year
Review 3 Technical Support Document for Disinfectants/Disinfection
Byproducts Rules'' (USEPA, 2016l). Additional information related to
the review of D/DBPRs is provided in the ``Six-Year Review 3 Technical
Support Document for Chlorate'' (USEPA, 2016k) and the ``Six-Year
Review 3 Technical Support Document for Nitrosamines'' (USEPA, 2016o).
Initial Review
There are no recently completed, ongoing or pending regulatory
actions on the D/DBPRs that would exclude them from the Six-Year Review
3.
Health Effects
Under the Stage 1 and 2 D/DBPRs, toxicology studies for specific
DBPs and disinfectant residuals were used to inform MCLGs (and cancer
potency factors where MCLGs are zero) and MRDLGs. Epidemiology studies
were used to estimate potential risks from DBP mixtures (due to cancer
and developmental/reproductive effects) and support the benefits
analysis. Epidemiology studies supported a potential association
between exposures to elevated THM4 levels in chlorinated drinking water
and cancer, but the evidence was insufficient to establish a causal
relationship. The most consistent evidence was for bladder cancer. For
the development of the benefits analysis for both the Stage 1 and the
Stage 2 D/DBPRs, EPA used five bladder cancer case-control epidemiology
studies that were conducted in the 1980s and 1990s (Cantor et al.,
1985; 1987; McGeehin et al., 1993; King and Marrett, 1996; Freedman et
al., 1997; Cantor et al., 1998). In addition, EPA used one meta-
analysis (Villanueva et al., 2003) and one pooled analysis (Villanueva
et al., 2004). The five case-control studies used similar (though not
identical) exposure metrics based on years of exposure to chlorinated
drinking water (primarily chlorinated surface water) to
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estimate odds ratios. All five studies showed an increase in the odds
ratio for bladder cancer incidence with an increased duration of
exposure. Using the published odds ratio results from these five
studies, EPA calculated an estimate for the lifetime cancer risk
(population attributable risk) that ranged from 2 to 17 percent;
between 2 and 17 percent of bladder cancers occurring in the U.S. could
be attributed to long-term exposure to chlorinated drinking water at
the time of the Stage 1 D/DBPR. Detailed explanations of these
calculations can be found in the benefits analysis for the Stage 2 D/
DBPR (USEPA, 2005a). The evidence from the studies in 1985 to 1998, the
meta-analysis in 2003 and the pooled analysis in 2004 was strong enough
to support the benefit analysis with several thousand potential bladder
cancer cases per year estimated as being avoided from the combined
effects of the Stage 1 and Stage 2 D/DBPRs (USEPA, 2005a).
Studies from the 1970s to 2005 also suggested a possible
association between adverse developmental/reproductive health effects
and exposure to chlorinated drinking water. Effects were observed in
all areas but lacked consistency across studies and did not provide
enough of a basis to quantify risks or benefits. The adverse
developmental/reproductive effects consisted of effects on fetal growth
(small for gestational age, low birth weight and pre-term delivery),
effects on viability (spontaneous abortion, stillbirth) and
malformations (neural tube, oral cleft, cardiac or urinary defects).
Since the development of the Stage 2 D/DBPR, EPA has identified
additional sources of information related to health effects of DBPs.
New toxicological information could be used to develop MCLGs for the
following regulated DBPs (within HAA5): Dibromoacetic acid (NTP, 2007),
other brominated haloacetic acids not currently regulated, including
bromochloroacetic acid (NTP, 2009) and bromodichloroacetic acid (NTP,
2014), plus additional unregulated DBPs such as nitrosamines and
chlorate (USEPA, 2016k; 2016o).
EPA has identified new epidemiological, pharmacokinetic and
pharmacodynamic studies that, considered together with studies
available during the development of the Stage 2 D/DBPR, add to the
weight of evidence for bladder cancer being associated with exposure to
chlorination DBPs (notably those containing bromine) in drinking water.
Pharmacokinetic and pharmacodynamic studies (Ross and Pegram, 2003;
2004; Leavens et al., 2007; Stayner et al., 2014; Kenyon et al., 2015),
in conjunction with epidemiology studies (Villanueva et al., 2007;
Kogevinas et al., 2010; Cantor et al., 2010), indicate that non-
ingestion routes of exposure (dermal and inhalation) from some
brominated DBPs may play a significant role in influencing increased
bladder cancer risk, and that there may be greater concern about sub-
populations with certain genetic characteristics (polymorphisms). EPA's
``Six-Year Review 3 Technical Support Document for Disinfectants/
Disinfection Byproducts Rules'' (USEPA, 2016l) characterizes the
research that informs the mode of action by which brominated DBPs may
be contributing to bladder cancer.
While uncertainties remain regarding the degree to which specific
DBPs contributed to the bladder cancer incidence observed in
epidemiology studies, the collective data suggest a stronger case for
causality than when the Stage 2 D/DBPR was promulgated (Regli et al.,
2015; USEPA, 2016l). However, the Agency recognizes there are also
different perspectives on this issue, including suggestions about areas
for additional research (Hrudey et al., 2015).
Further, the Agency has identified new information about health
effects from unregulated DBPs. This includes health effects information
on chlorate and nitrosamines that, along with occurrence/exposure
information, was previously noted in the Preliminary Regulatory
Determination 3 (79 FR 62715, USEPA, 2014b). The Agency is considering
the health effects of chlorate and nitrosamines within the broader
context of the health effects of regulated DBPs (USEPA, 2016k; 2016o).
EPA also identified information about the relative cytotoxicity and
genotoxicity of many other unregulated DBPs (Richardson et al., 2007;
Richardson et al., 2008; Plewa and Wagner 2009; Plewa et al., 2010;
Fern[aacute]ndez et al., 2010; Richardson and Postigo, 2011; Yang et
al., 2014). Data from in vitro mammalian cell testing, which compared
the cytotoxicity and genotoxicity of iodinated, brominated, and
chlorinated DBPs, showed that the iodinated DBPs (those containing
iodine) were generally more toxic than the brominated DBPs (those
containing bromine), which were in turn more toxic than the chlorinated
DBPs (those containing chlorine). Nitrogen-containing DBPs, including
haloacetonitriles, haloacetamides and halonitromethanes, were more
cytotoxic and genotoxic than the haloacids and halomethanes that did
not contain nitrogen.
Approximately 40 new studies about developmental/reproductive
effects have become available since the development of the Stage 2 D/
DBPR. These studies address endpoints such as fetal growth (low birth
weight, small for gestational age and pre-term delivery), congenital
anomalies and male reproductive outcomes. These studies continue to
support a potential health concern, though, as discussed above, the
relationship of DBP exposure to these types of adverse outcomes may not
be well enough understood to permit quantification of risks or
benefits. A recent ``four-lab study'' on the effects of DBP mixtures on
animals, conducted by EPA researchers (Narotsky et al., 2011; 2013;
2015), suggests diminished concern for many developmental/reproductive
endpoints.
EPA also examined data about health effects for inorganic DBPs,
including information showing that the RSC for chlorite could be lower
than 80 percent (which could potentially support lowering the MCLG)
because there is more dietary exposure than previously assumed due to
the increased use of chlorine dioxide and acidified sodium chlorite as
disinfectants in the processing of foods (U.S. EPA, 2006e; WHO, 2008).
In addition, chlorate, chlorite and chlorine dioxide may share common
health endpoints, namely hematological and thyroid effects (Couri and
Abdel-Rahman, 1980; Bercz et al., 1982; Moore and Calabrese, 1982;
Abdel-Rahman et al., 1984; Khan et al., 2005; Orme et al., 1985; NTP,
2005; USEPA, 2006e; WHO, 2008; Lee et al, 2013; Nguyen et al, 2014).
The Agency did not identify any relevant data that suggest an
opportunity to revise the MCLG for bromate, or the MRDLG for chlorine
or chloramines.
Analytical Feasibility
The Agency has not identified any improvements to analytical
feasibility that could lead to improvements to the NPDWRs included in
the D/DBPRs. Development of these rules was not constrained by the
availability of analytical methods, and new EPA-approved methods that
would revise this finding have not been identified. Should new, EPA-
approved methods for one or more D/DBPRs be identified, that
information might be able to help inform potential future regulatory
development efforts.
Occurrence and Exposure
In this Six-Year Review evaluation of D/DBP occurrence and
exposure, EPA
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evaluated compliance monitoring information collected under the SYR3
ICR, which was previously discussed in Section V.B.4. EPA also
evaluated information from the DBP ICR database (USEPA, 2000a) that had
been used to prepare the original D/DBPRs. Additionally, EPA used data
from the third monitoring cycle of the Unregulated Contaminant
Monitoring Rule (UCMR3) to evaluate chlorate occurrence in 2013-2015,
and data from the UCMR2 to evaluate nitrosamine occurrence in 2008-
2010. This information is briefly described below, with additional
information in EPA's ``Six-Year Review 3 Technical Support Document for
Disinfectants/Disinfection Byproducts Rules'' (USEPA, 2016l).
It is important to note that the information collected through the
SYR3 ICR spans the years 2006-2011. As such, it primarily reflects
occurrence following the effective date for the Stage 1 D/DBPR, but
prior to the effective date for the Stage 2 D/DBPR. These evaluations
help to inform Six-Year Review results but do not assess compliance
with regulatory standards.
New information since the promulgation of the Stage 2 D/DBPR has
improved our understanding on DBP formation and occurrence. As part of
this Six-Year Review, EPA has identified literature describing more
than 600 specific DBPs that have been found in drinking water (e.g.,
Richardson et al., 2007); these include chlorinated, brominated and
iodinated DBPs, as well as nitrogenous compounds. Additionally, EPA
identified literature on the sources of precursors (both organic and
inorganic), as well as the influence that different precursors have on
DBP formation. For example, some of this literature discusses the
extent to which brominated or iodinated DBPs might form as a result of
source water bromide or iodide concentrations (Nguyen et al., 2005;
Duirk et al, 2011; Lui et al., 2012; Zhang et al., 2012; Callinan et
al., 2013; Emelko et al., 2013; Mikkelson et al., 2013; Rice et al.,
2013; Samson et al., 2013; Rice and Westerhoff, 2014).
Overview of DBP Occurrence
EPA collected occurrence information for THMs (includes TTHM along
with information on four individual species), HAAs (includes HAA5 along
with information on five individual species), bromate and chlorite as
part of the SYR3 ICR.
Data from the SYR3 ICR show that concentrations at or above the
MCLs for TTHM and HAA5 were found in many surface water systems and, to
a lesser degree, in ground water systems. Approximately 32 percent of
surface water systems and five percent of ground water systems reported
at least one instance of TTHM occurrence at a concentration greater
than or equal to the MCL of 80 [micro]g/L. For HAA5, approximately 19
percent of surface water systems and two percent of ground water
systems reported at least one instance of occurrence at a concentration
greater than or equal to the MCL of 60 [micro]g/L. EPA anticipates that
many of these peak concentrations will have been significantly lowered
based on implementation of the 2006 Stage 2 D/DBPR, which was designed,
in part, to lower such occurrences.
Approximately nine percent of systems had one or more samples that
were greater than or equal to the bromate MCL of 10 [micro]g/L.
Approximately four percent of systems had one or more samples that were
greater than or equal to the chlorite MCL of 1,000 [micro]g/L.
The occurrence of six nitrosamine species was evaluated by EPA
using data from the UCMR2. These data showed elevated concentrations of
nitrosamines (relative to their health reference levels) in multiple
drinking water systems, especially N-nitrosodimethylamine (NDMA) in
systems that use chloramines (USEPA, 2016o). The Agency is seeking
public comment regarding potential approaches that provide enhanced
protection from health risks posed by nitrosamines in drinking water
systems.
The occurrence of chlorate was evaluated by EPA using data from the
UCMR3 (USEPA, 2016j). These data showed that chlorate levels above the
health reference level of 210 [micro]g/L occurred frequently in systems
that use hypochlorite, chlorine dioxide or chloramines. In addition,
EPA evaluated the co-occurrence of chlorite and chlorate and noted that
these contaminants often co-occur (USEPA, 2016k). The Agency is seeking
public comment regarding potential approaches that provide enhanced
protection from health risks posed by chlorite, chlorate and chlorine
dioxide. See Section VII for more information.
The American Water Works Association (AWWA), through the Water
Industry Technical Action Fund #266, conducted its own survey of post-
Stage 2 D/DBPR occurrence for systems that serve more than 100,000
people. Results from the AWWA survey (Samson, 2015) provide an overview
of DBP occurrence for 395 systems across 44 states, covering a time
period from 1980 to 2015.
In December 2015, EPA issued a proposal for the fourth cycle of the
UCMR (80 FR 76897, USEPA, 2015b). That proposal includes provisions for
collection of data about unregulated haloacetic acids and related
precursors. Such data would help EPA to develop a better understanding
of patterns of occurrence for those contaminants.
Overview of Water Quality Indicator Occurrence
The Stage 1 D/DBPR requires that DBP precursors (measured as TOC)
be monitored in source and treated drinking water. EPA evaluated
compliance monitoring data from surface water systems for TOC in source
and treated water, using the SYR3 ICR database. Data from 2011 showed
that approximately 70 percent of all plants had average TOC
concentrations greater than 2 mg/L in their source water and that
approximately 29 percent of plants had average TOC concentrations
greater than 2 mg/L in their treated water. Under the Stage 1 D/DBPR, a
system is not required to further remove TOC when its treated water TOC
level, prior to the point of continuous chlorination, is less than 2
mg/L. The reader is referred to later portions of this document under
``DBP Precursor Removal'' for information about EPA's evaluation of TOC
data relative to the Stage 1 D/DBPR TOC removal requirement.
As discussed in the background portion of this section, the D/DBPRs
require systems to maintain disinfectant residual levels (reported as
free and/or total chlorine) in accordance with the MRDL requirements.
EPA evaluated free and total chlorine measurements (collected during
coliform sampling) from the SYR3 ICR database and found that very few
records exceeded 4.0 mg/L (the MRDL for chlorine and chloramine
residuals). Additional information is provided in ``Six-Year Review 3
Technical Support Document for Disinfectants/Disinfection Byproducts
Rules'' (USEPA, 2016l).
Treatment Feasibility
During the development of the Stage 1 and Stage 2 D/DBPRs, a
variety of technologies were evaluated for their effectiveness,
applicability, unintended consequences and overall feasibility for
achieving compliance with the TT requirements and MCLs, as well as
providing a basis for the BATs (63 FR 69390; 71 FR 388; USEPA, 1998b;
2005a; 2005g; 2006d; 2007b).
Since the Stage 2 D/DBPR, the Agency has identified information
that improves our understanding of technologies available for lowering
occurrence of and exposure to regulated and unregulated DBPs. The
information addresses the full spectrum of drinking water system
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operations, including removal of organic precursors to DBPs (measured
as TOC), disinfection practices, source water management and localized
treatment. The information is briefly discussed below, with additional
information in EPA's ``Six-Year Review 3 Technical Support Document for
Disinfectants/Disinfection Byproducts Rules'' (USEPA, 2016l). Overall,
the information collectively indicates that: (1) Greater removals of
DBP precursors can and are being achieved compared to the TT
requirement under the Stage 1 D/DBPR; and (2) occurrence of DBPs can be
further controlled.
DBP Precursor Removal
The SYR3 ICR database (USEPA, 2016i) includes paired source and
treated water TOC data. This information was used to evaluate the
extent to which TOC was removed from source waters (i.e., percent
removal) relative to the Stage 1 D/DBPR TOC removal requirement (i.e.,
requirement per the 3x3 matrix, which was established based on three
different ranges of raw water TOC and alkalinity levels, respectively).
This TT requirement is applicable to surface water systems that have
conventional treatment plants, unless such systems meet the alternative
criteria (63 FR 69390, USEPA, 1998b). The analytical results of TOC
removal (i.e., comparing TOC levels from source water to treated water)
can help to characterize national treatment baselines among these
treatment plants.
The data show a wide range of percent TOC removal for each
combination of raw water TOC and alkalinity levels provided in the
Stage 1 D/DBPR TT requirement. The data also indicate that the mean
removal for each element of the 3x3 matrix was six to 19 percent
greater than the requirement. These observations are consistent with
the notion that ``since the Stage 1 D/DBPR does not require that all
coagulable dissolved organic matter be removed, there is a potential
for additional removal of organic matter beyond that required by the
3x3 matrix'' (McGuire et al., 2014).
Some of the TOC removal greater than the Stage 1 D/DBPR requirement
may reflect operational optimization of conventional treatment,
including use of innovative coagulants/coagulant aids and/or use of
biofiltration (Yan et al., 2008; Hasan et al., 2010; McKie et al.,
2015; Azzeh et al., 2015; Delatolla et al., 2015; Pharand et al.,
2015). Studies have shown that biological filtration can also reduce
precursors of the DBPs other than TTHM/HAA5 (Sacher et al., 2008;
Farr[eacute] et al., 2011; Liao et al., 2014; Krasner et al., 2015). As
noted by McGuire et al. (2014), if the removal of precursors for DBPs
other than TTHM/HAA5 becomes part of the treatment goals, then
performance parameters in addition to TOC may also be needed (e.g.,
parameters indicating both vulnerability and nitrosamine formation
potential).
As was known during development of the Stage 1 and the Stage 2 D/
DBPRs, granular activated carbon (GAC) and membranes can be added to
existing treatment trains to achieve additional reductions of DBP
formation potential. One longstanding issue has been the extent to
which organic precursor removal may cause a shift of chlorinated
species to more brominated species (as described earlier in this
Section under the ``Health Effects'') when the bromide level is
relatively high in source water (Summers et al., 1993; Symons et al.,
1993). The ICR Treatment Study database (USEPA, 2000b) provides
extensive bench- and pilot-scale data by which to evaluate the effects
of GAC and membrane removal of TOC and resulting shifts in brominated
THMs. EPA's recent analysis of these data generally shows increased
percent reduction of brominated THMs as TOC removal by GAC increases
(e.g., from a target effluent level of two mg/L to one mg/L),
especially for source waters with high bromide concentrations (USEPA,
2016l). It also shows that bromoform formation increases as bromide
concentrations increase and that bromoform becomes the dominating
species when source water bromide concentrations exceed 200 [micro]g/L.
Disinfection Practices
Various combinations of disinfectants and precursor removal
processes have been used to achieve DBP MCLs, while also meeting the
requirements of the microbial standards. Data from successive national
drinking water datasets (including the DBP ICR, UCMR2 and UCMR3
datasets) show that the percentage of systems using disinfectants other
than chlorine has increased during the past two decades, as had been
forecasted in the ``Economic Analysis of Stage 2 D/DBPR'' (USEPA,
2005a). For example, data from the UCMR3 (2013-2015) and the DBP ICR
(1998) have shown a relative increase in use of chloramines, which is
associated with the formation of nitrosamines, as a disinfection
practice.
EPA reviewed information related to the extent to which different
types of DBPs may form when disinfectants are applied at different
points in the treatment train and/or in combination with other
disinfectants. EPA recognized that the extent to which occurrence and
associated health effects data may be lacking for one group of DBP
contaminants versus another, as well as for DBP mixtures, may make
treatment decisions challenging when trying to evaluate DBP risk
tradeoffs.
Source Water Management
New information shows that source waters with relatively elevated
sewage contributions have been associated with increased nitrosamine
formation (Westerhoff et al., 2015; Krasner et al., 2013) and that
source waters with elevated bromide levels from industrial discharges
have been associated with increased brominated THMs (McTigue et al.,
2014; States et al., 2013). Such factors as these impacts can increase
the challenge of controlling DBPs during treatment and distribution.
Weiss et al. (2013) developed a model for making source water selection
decisions based on real-time DBP precursor concentrations.
Information shows that bank filtration can reduce dissolved organic
carbon (DOC) and nitrogenous DBP precursors (Brown et al., 2015;
Krasner et al., 2015), as well as removing pathogens (USEPA, 2016m).
Localized Treatment
Localized treatment in distribution systems, such as aeration in
storage tanks, sometimes with the addition of GAC, has also been shown
to reduce elevated levels of THMs (Walfoort et al., 2008; Fiske et al.,
2011; Brooke and Collins, 2011; Johnson et al., 2009; Duranceau, 2015).
Aeration approaches have been most successful in reducing
concentrations of chloroform and the more volatile brominated species
but may have little impact on less volatile species (Johnson et al.,
2009; Duranceau, 2015).
Risk-Balancing
The Agency has considered the risk-balancing aspects of the MDBP
rules and has determined that potential revisions to the D/DBPRs could
provide greater protection of public health while still being
protective of microbial risks. The risk-balancing activities considered
by the Agency include those between the microbial and disinfection
byproduct rules, as well as those between different groups of DBPs.
This includes risk-balancing for the THMs and HAAs included in the D/
DBPRs, additional brominated HAAs, nitrosamines identified in the
Federal Register document for the Preliminary Regulatory Determination
3 (79 FR 62715, USEPA, 2014b) and other DBP groups such as iodinated
DBPs. It also
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includes risk-balancing for inorganic DBPs such as chlorite and
chlorate (79 FR 62715, USEPA, 2014b).
Potential revisions could offer enhanced protection from both
regulated and unregulated DBPs. Potential revisions that consider areas
such as further constraints on precursors, and/or more targeted
constraints on precursors (e.g., based on watershed vulnerabilities),
could minimize the formation of harmful DBPs without compromising
protection against microbial risks. These potential revisions were
identified based on a preliminary, qualitative assessment; it is
important to note that further assessment would be an important
component of any further rulemaking activities. For example, a
watershed vulnerability characterization that includes information
about wastewater (i.e., sewage) contributions, land use (point/non-
point sources of pollution), and streamflow variations over time (for
example, sewage contributions during low flow conditions), could help
to inform considerations about DBP formation potentials and possible
control strategies.
The Agency is seeking public comment regarding potential revisions
to D/DBPR. See Section VII for more information. Further discussion
about potential revisions to existing D/DBPRs will occur as part of a
separate regulatory development process.
Other Regulatory Revisions
In addition to evaluating information about health effects,
analytical feasibility, occurrence and exposure, treatment feasibility
and risk-balancing related to the NPDWRs included in the D/DBPRs, EPA
considered whether other regulatory revisions are needed, such as
revisions to monitoring and system reporting requirements, as a part of
the Six-Year Review 3. EPA used the protocol to evaluate which of these
implementation issues to consider (USEPA, 2016f). As with the Chemical
Phase Rules/Radionuclides Rules, EPA shared the list of identified
potential implementation issues with the ASDWA to obtain input from
state drinking water agencies concerning the significance and relevance
of the issues (ASDWA, 2016). Implementation issues will be considered
as part of the activities associated with potential future rulemaking
efforts; some of these might be addressed through regulatory revision
or clarification, while others might be handled through guidance.
Examples of implementation-related considerations include the
following:
Stage 2 D/DBPR Consecutive System Monitoring
Monitoring in some combined distribution systems may be
insufficient to adequately characterize DBP exposure. Some large,
hydraulically complex combined water distribution systems may be
conducting monitoring that is not adequate to characterize exposure
throughout the distribution system.
Stage 2 D/DBPR Compliance Monitoring--Chlorine Burn
Compliance monitoring for DBPs in some systems may not fully
capture DBP levels to which customers may be exposed during certain
portions of the year. Systems that use chloramines as a residual
disinfectant (generally as part of a compliance strategy to meet DBP
MCLs) often temporarily switch to free chlorine as the residual
disinfectant for a period (from two to eight weeks) in order to control
nitrification in the distribution system. This practice is commonly
called a ``chlorine burn.'' During the chlorine burn, higher levels of
DBPs are expected to be formed. Systems often conduct their compliance
monitoring outside of the chlorine burn period; and therefore,
potentially higher TTHM and HAA5 levels may not be included in
compliance calculations.
4. Microbial Contaminants Regulations
Background
Except for the 1989 Total Coliform Rule, which was reviewed under
the Six-Year Review 1, this is the first time EPA is conducting a Six-
Year Review of the following microbial contaminant regulations:
Surface Water Treatment Rule (SWTR),
Interim Enhanced Surface Water Treatment Rule (IESWTR),
Long Term 1 Enhanced Surface Water Treatment Rule (LT1),
Long Term 2 Enhanced Surface Water Treatment Rule (LT2),
Filter Backwash Recycling Rule (FBRR), and
Ground Water Rule (GWR).
As discussed in Section V, the Initial Review branch of the
protocol identifies NPDWRs with recent or ongoing actions and excludes
them from the review process to prevent duplicative agency efforts. The
cutoff date for the NPDWRs reviewed under the Six-Year Review 3 was
August 2008. Based on the Initial Review, EPA excluded the Aircraft
Drinking Water Rule, which was promulgated in 2009, and the Revised
Total Coliform Rule (RTCR) (the revision of the 1989 TCR), which was
promulgated in 2013.
In this document, the SWTR, the IESWTR and the LT1 are collectively
referred to as the SWTRs because of the close association among the
three rules (IESWTR and LT1 were amendments to the SWTR--additional
information provided in Section VI.B.4.a). The LT2 is discussed
separately in this document because EPA reviewed the LT2 in accordance
with the Six-Year Review requirements and the Executive Order 13563
``Improving Regulation and Regulatory Review'' (also known as
Retrospective Review). Background information on each of the microbial
contaminants regulations is presented in the subsequent sections.
The microbial contaminants regulations establish treatment
technique (TT) requirements in lieu of MCLs. The review elements of the
microbial contaminants regulations are: initial review, health effects,
analytical feasibility, occurrence and exposure, treatment feasibility,
risk-balancing and other regulatory revisions.
At this time, the SWTRs are being identified as a candidate for
regulatory revision, but the LT2, the FBRR and the GWR are not. A
summary of review findings of each rule is described in the subsequent
sections. Additional information is provided in the ``Six-Year Review 3
Technical Support Document for Microbial Contaminant Regulations''
(USEPA, 2016n) and the ``Six-Year Review 3 Technical Support Document
for Long-Term 2 Enhanced Surface Water Treatment Rule'' (USEPA, 2016m).
a. SWTRs
Background
EPA promulgated the SWTR in June 1989. It requires all water
systems using surface water sources or ground water under the direct
influence of surface water (GWUDI) sources (also known as Subpart H
systems) to remove (via filtration) and/or inactivate (via
disinfection) microbial contaminants (54 FR 27486, USEPA, 1989). Under
the SWTR, EPA established NPDWRs for Giardia, viruses, Legionella,
turbidity and heterotrophic bacteria and set MCLGs of zero for Giardia
lamblia, viruses and Legionella. Under the IESWTR (63 FR 69477, USEPA,
1998c) and the LT1 (67 FR 1812, USEPA, 2002c), EPA established an NPDWR
for Cryptosporidium and set an MCLG of zero.
The SWTRs established TT requirements in lieu of MCLs in these
NPDWRs. The 1989 SWTR established TT requirements for systems to
control G. lamblia by achieving at least 99.9 percent (3-log) removal/
inactivation by
[[Page 3538]]
filtration and/or disinfection, and to control viruses by achieving at
least 99.99 percent (4-log) removal/inactivation (54 FR 27486, USEPA,
1989). For a few systems able to meet source water criteria and site-
specific conditions (e.g., protective watershed control program and
other conditions), they were permitted to achieve the TT requirements
by using disinfection only.
The SWTR also established TT requirements for disinfectant
residuals (54 FR 27486, USEPA, 1989). The residual disinfectant
concentration at the entry point to the distribution system may not be
less than 0.2 mg/L for more than four hours. The residual disinfectant
concentration in the distribution system ``cannot be undetectable in
more than 5 percent of the samples each month, for any two consecutive
months that the system serves water to the public.'' (40 CFR 141.72). A
detectable residual may be established by: (1) an analytical
measurement or (2) having a heterotrophic bacteria concentration less
than or equal to 500 per mL measured as heterotrophic plate count
(HPC). The purpose of these disinfectant residual requirements was to:
Ensure that the distribution system is properly maintained
and identify and limit contamination from outside the distribution
system when it might occur,
Limit growth of heterotrophic bacteria and Legionella
within the distribution system, and
Provide a quantitative limit, which if exceeded would
trigger remedial action.
The SWTR also established sanitary survey requirements. The purpose
of the sanitary survey requirements, which include consideration of
distribution system vulnerabilities, is to identify water system
deficiencies that could pose a threat to public health and to permit
correction of such deficiencies.
As part of the development of the SWTR, EPA needed to clarify which
systems would be regulated under Subpart H. In particular, EPA needed
to clarify when systems that could be considered as ground water
systems were more appropriate to regulate as surface water systems (for
example, systems where the drinking water intake was in a riverbed, not
in the river). Thus, to identify a system as either ground or surface
water, the SWTR defined ``ground water under the direct influence of
surface water (GWUDI).'' GWUDI is any water beneath the surface of the
ground with: (1) significant occurrence of insects or other
macroorganisms, algae or large-diameter pathogens such as Giardia
lamblia, or (2) significant and relatively rapid shifts in water
characteristics such as turbidity, temperature, conductivity or pH that
closely correlate to climatological or surface water conditions. The
final SWTR defined GWUDI as being regulated as surface waters because
Giardia contamination of infiltration galleries, springs and wells have
been found (Hoffbuhr et al., 1986; Hibler et al., 1987). Some
contamination of springs and wells have resulted in giardiasis
outbreaks (Craun and Jakubowski, 1986). Direct influence was to be
determined for individual sources in accordance with criteria
established by the state (54 FR 27486, USEPA, 1989). The GWUDI
designation identifies PWSs using ground water that must be regulated
as if they are surface water systems. All other PWSs using ground water
are regulated by the GWR.
Surface water and GWUDI systems use concentration x time (CT)
tables published by EPA to determine log-inactivation credits for the
use of a disinfectant to meet the disinfection TT requirements. The
``SWTR Guidance Manual'' provides CT tables for Giardia and virus
inactivation by free chlorine, chloramines, ozone and chlorine dioxide
(USEPA, 1991). EPA obtained these CT values from bench-scale
experiments with hepatitis A virus (HAV).
The IESWTR applies to all PWSs using surface water, or GWUDI, which
serve 10,000 or more people. The IESWTR established TT requirements for
Cryptosporidium by requiring filtered systems to achieve at least a 99
percent (two-log) removal, revising the definition of GWUDI and
watershed control program under the SWTR to include Cryptosporidium,
requiring sanitary surveys for all surface water and GWUDI systems, and
setting disinfection profiling and benchmarking requirements to prevent
increases in microbial risk while systems complied with the Stage 1 D/
DBPR. The LT1 (67 FR 1812, USEPA, 2002c) extended the requirements from
the IESWTR to systems serving fewer than 10,000 people.
Summary of Review Results
EPA identified the following NPDWRs under the SWTR as candidates
for revision under the Six-Year Review 3 because of the opportunity to
further reduce residual risk from pathogens (including opportunistic
pathogens such as Legionella) beyond the risk addressed by the current
SWTR:
Giardia lamblia,
heterotrophic bacteria,
Legionella,
viruses, and
Cryptosporidium (also under IESWTR and LT1).
This result is based on a scientific review of available
information, following the protocol described in Section V. Based on
the availability of new information, the review focused on the
following major provisions of the SWTRs:
Requirements to maintain a minimum disinfectant residual
in the distribution system,
GWUDI classification, and
CT criteria for virus disinfection.
Collectively, the new information suggests an opportunity to revise
the TT provisions of the SWTRs to provide greater protection of public
health. More detailed information about the review results related to
the major provisions of the SWTRs is provided in the following
subsections.
Requirements To Maintain a Minimum Disinfectant Residual in the
Distribution System
EPA evaluated information related to the maintenance of a minimum
disinfectant level in the distribution system and determined that there
is an opportunity to reduce residual risk from pathogens (includes
opportunistic pathogens such as Legionella) beyond the risk addressed
by the SWTRs. The detectable concentration of disinfectant residual in
the distribution system may not be adequately protective of microbial
pathogens because of concerns about analytical methods and the
potential for false positives (Wahman and Pressman, 2015; Westerhoff et
al., 2010). Maintaining a disinfectant residual above a set numerical
value in the distribution system may improve public health protection
from a variety of pathogens. Such a change could have benefits for
controlling occurrence of all types of pathogens in distribution
systems, except for those most resistant to disinfection, such as
Cryptosporidium.
Given our understanding of the distribution system vulnerabilities
(e.g., NRC, 2006b), there may be opportunities to enhance the criteria
for indicating distribution system integrity, as well as the potential
health risk that may be associated with pathogens potentially growing
and released from biofilms. These opportunities include revisiting the
distribution system disinfectant residual criteria and revisiting the
existing alternative HPC criteria. The NRC report (2006b) describes
that water quality integrity is an important factor that water
professionals must take into account for the protection of public
health, and that the sudden loss of disinfectant residuals
[[Page 3539]]
can indicate a change in water quality or system characteristics.
However, the report was inconclusive on the level of disinfectant
residual that should be provided in distribution systems.
GWUDI Classification
EPA reviewed information on disease outbreaks, a randomized
controlled intervention study, pathogenic protozoan occurrence data and
studies evaluating parasitic protozoan removal surrogates and
hydrogeologic studies, all of which were completed since the SWTR was
published. The information suggests that there is an opportunity to
provide greater public health protection by improved identification of
unrecognized GWUDI PWSs. The data suggest that the SWTR regulation and
guidance has performed well in identifying GWUDI for the PWS systems
most at risk from Giardia and Cryptosporidium presence in ground water.
However, the information (e.g., Colford et al., 2009) suggests that a
subset of GWUDI systems are also at risk but are potentially
misclassified as ground water systems, and therefore, not subject to
requirements that provide protection against parasitic protozoans.
Improved public health protection may result if there is improved
recognition of GWUDI systems, including those that may disinfect but do
not provide engineered filtration or have not conducted a demonstration
of performance to document the necessary Cryptosporidium alternative
treatment and removal required under the LT2. The potential public
health improvement is most relevant to those systems that have a large
surface water component and poor subsurface removal capabilities but
are not yet recognized as GWUDI and warrants further examination in any
rulemaking activities.
EPA suggests that the number of potentially misclassified GWUDI
PWSs may be estimated by: (1) waterborne disease outbreak compilations,
(2) the UCMR3 occurrence data (aerobic spore detections and
concentrations), and (3) the SYR2 ICR and the SYR3 ICR (total coliform
detections). EPA's preliminary characterization of the number of the
potentially misclassified GWUDI PWSs is described in the ``Six-Year
Review 3 Technical Support Document for Microbial Contaminant
Regulations'' (USEPA, 2016n).
CT Criteria for Virus Disinfection
EPA evaluated whether the current CT criteria based on hepatitis A
virus (HAV) are sufficiently protective against other types of viruses.
EPA reviewed disinfection studies relevant to the CT tables published
in the ``1991 SWTR Guidance Manual'' (USEPA, 1991). Over the years,
many studies have indicated that HAV is less chlorine-resistant than
some enteroviruses, such as Coxsackie virus B5 (Black et al., 2009;
Cromeans et al., 2010; Keegan et al., 2012), and also less chloramine-
resistant than adenovirus (Sirikanchana et al., 2008; Hill and
Cromeans, 2010). Based on this review, EPA identified a potential need
to update CT values for virus inactivation by free chlorine or
chloramines, particularly for water with a relatively high pH. This
assessment is also relevant to the LT2 and the GWR, which refer to the
same CT tables in the original ``1991 SWTR Guidance Manual.''
Health Effects
This section summarizes EPA's review of the information related to
human health risks from exposure to microbial contaminants in drinking
water. EPA evaluated whether any new toxicological data, or waterborne
endemic infection or infectious disease information, would justify
modifying the MCLGs. EPA reviewed information that included data from
the Waterborne Disease and Outbreak Surveillance System (WBDOSS)
collected by the Centers for Disease Control and Prevention (CDC)
(https://www.cdc.gov/healthywater/surveillance/drinking-surveillance-reports.html) and other available data that documents drinking water-
associated outbreaks.
MCLGs
The SWTRs set MCLGs of zero for Giardia lamblia, viruses,
Cryptosporidium, and Legionella since any exposure to these microbial
pathogens presents a potential health risk. In the Six Year Review 3,
EPA did not identify new information related to potentially revising
these MCLGs. New dose-response data from some waterborne pathogens are
available from both human and animal exposure studies (Teunis et al.,
2002a; 2002b; Armstrong and Haas, 2007; 2008; Buse et al., 2012).
Concurrently, new models seek to use the new data to provide improved
infectivity, morbidity and mortality predictions (Messner et al., 2014;
USEPA, 2016m). The newer models are specifically designed to address
low dose exposure typical of drinking water rather than high dose
exposure typical of food ingestion or vaccine studies.
Waterborne Disease Outbreaks Associated With Drinking Water
EPA reviewed information from the Waterborne Disease and Outbreaks
Surveillance System about the occurrences and causes of drinking water-
associated outbreaks. This surveillance system is the primary source of
data concerning such outbreaks in the U.S. (Beer et al., 2015). The
drinking water-associated outbreak data from 1971-2012 illustrate that
there is an observable reduction of reported outbreaks over that time
frame, which may be, at least in part, due to the implementation of the
TCR and the SWTR beginning in 1991.
Although the historic number of drinking water-associated outbreaks
is declining, CDC notes that the level of surveillance and reporting
activity, as well as reporting requirements, varies across states and
localities. For these reasons, outbreak surveillance data likely
underestimate actual values, and should not be used to estimate the
total number of outbreaks or cases of waterborne disease (Beer et al.,
2015).
Deficiencies at private wells and premise plumbing systems are
increasingly responsible for disease outbreaks associated with drinking
water (Beer et al., 2015). Premise plumbing is the portion of the
distribution system from the water meter to the consumer tap in homes,
schools, and other buildings (NRC, 2006b). In 2011-2012, the two most
frequent deficiencies related to drinking-water-associated outbreaks
were Legionella in premise plumbing systems (66 percent) and untreated
ground water (13 percent) (Beer et al., 2015).
In addition to epidemic illness, sporadic illness (i.e., isolated
cases not associated with an outbreak) accounts for an unknown but
probably significant portion of waterborne disease and is more
difficult to recognize (71 FR 65573, USEPA, 2006b).
Collectively, the data indicate that outbreaks associated with
drinking water may have been reduced as a result of drinking water
regulations. However, opportunities remain to address disease outbreaks
associated with distribution systems and untreated ground water and, at
the same time, to potentially address some of the waterborne disease
outbreaks associated with little to no disinfectant residual in the
distribution system (Geldreich et al., 1992; Bartrand et al., 2014).
The precise burden of disease is not well quantified. Five
primarily waterborne diseases (giardiasis, cryptosporidiosis,
Legionnaires' disease, otitis externa, and non-tuberculous
mycobacterial infection) were responsible for over 40,000
hospitalizations per year at a cost of nearly $1 billion per year
(Collier et al.,
[[Page 3540]]
2012). Given this information, there are opportunities for substantial
cost savings if such incidence can be reduced through better risk
management. Most of these costs are attributed to Legionella and non-
tuberculous mycobacteria. These bacteria can proliferate under
favorable conditions at locations in the premise plumbing and in some
parts of the distribution system that are further from the central
parts of the system, where water has aged the longest and where there
may be very little to no disinfectant residual. Further, the quality of
the water delivered to building systems and households can affect these
pathogens' ability for growth and disease transmission. There are
opportunities to enhance the current disinfectant residual requirements
to more effectively kill pathogens or contain their growth, and to
better indicate, through a stronger signal of the absence of a
residual, when targeted improvements to treatment practices or
distribution conditions may provide greater public health protection.
GWUDI-Related Disease Outbreaks
Wallender et al. (2014) summarized CDC outbreak data for the years
1971-2008 and determined that GWUDI was a ``contributing factor'' in 11
percent (six percent with Giardia etiology) of all outbreaks using
untreated ground water. The total number of untreated ground water
outbreaks during this time period was 248. Three quarters of the
outbreaks involved PWSs. These findings indicate that some of the
ground water systems examined by CDC that are not currently required to
disinfect are contaminated with pathogens. Reclassifying these
potentially ``unrecognized'' GWUDI PWSs may provide greater public
health protection against microbial contamination because these PWSs
would be subject to stricter requirements. As an example, a 2007
outbreak of giardiasis occurred in a New Hampshire community (205
homes) using untreated ground water (Daly et al., 2010). This GWUDI
misclassification-related outbreak was the largest giardiasis drinking
water-associated outbreak in the preceding 10 years.
Randomized Controlled Intervention Study
A randomized, controlled, triple-blinded drinking water
intervention study was conducted in Sonoma County, California (Colford
et al., 2009). The purpose of the study was to determine the proportion
of acute gastrointestinal illnesses (AGI) attributable to drinking
water. Sonoma County obtained water from five horizontal collector
wells along the Russian River, four regulated as ground water and one
regulated as GWUDI (part of the year). Colford et al. (2009) found that
highly credible AGI in the population aged 55 and over was attributable
to drinking water exposure. Illness occurred even though the water
utility met all federal, state and local drinking water regulations.
Pathogenic Protozoa Occurrence in Ground Water
In a karst aquifer in France, 18 ground water samples were taken
from the Norville (Haute-Normandie) public water supply well (5,000
customers, chlorine treatment) and tested for Cryptosporidium oocysts.
Thirteen of the 18 samples were found to be Cryptosporidium positive by
solid-phase cytometry; the maximum concentration was four oocyst per
100 L (Khaldi et al., 2011). These data show that Cryptosporidium in
karst ground water includes, for some highly vulnerable systems,
Cryptosporidium occurrence resulting from poor Cryptosporidium removal
during infiltration from the surface rather than poor removal during
induced infiltration from nearby surface water. Because the SWTR
definition assumes that all Cryptosporidium in PWS wells is transported
from adjacent surface water, it is silent on the issue of
Cryptosporidium transport directly from the surface, as apparently was
the case in Norville, France. Karst aquifers are a vital ground water
resource in the U.S. According to the USGS, about 40 percent of the
ground water used for drinking water comes from karst aquifers (USGS,
2004).
Analytical Feasibility
Analytical Methods for Chlorine Residuals
Because of concerns about analytical methods and the potential for
false positives, the detectable concentration of disinfectant residuals
in the distribution system may not be adequately protective of
microbial pathogens. To further inform these concerns, EPA reviewed
analytical methods that have been approved for free chlorine, total
chlorine and chlorine dioxide under the SWTR and the D/DBPRs. Nearly
all utilities use either the DPD (N,N-diethyl-p-phenylenediamine) or
amperometric titration methods to measure distribution system
disinfectant residual, and these measurements are generally performed
in the field (Wahman and Pressman, 2015). A number of constituents can
interfere with measurements of disinfectant residuals. In general, most
strong oxidants will interfere with measurement of chlorine. In
addition, color, turbidity and particles will also interfere with
colorimetric techniques such as DPD.
For some systems using chloramines (a mixture of biocidal inorganic
chloramines, of which monochloramine is the most effective), the
presence of organic chloramines can be problematic since these related
compounds have minimal biocidal properties, they can interfere with
residual monitoring, and they can give the false impression that the
finished water contains more active disinfectant than is actually
present (Wahman and Pressman, 2015; Westerhoff et al., 2010). Organic
chloramines will continue to form in the distribution system while
inorganic chloramines decay, and thus areas of the distribution system
with relatively high water ages may have residuals containing a
significant amount of organic chloramines (Wahman and Pressman, 2015).
In addition, EPA reviewed research published regarding potential
improvements to methods or technologies used in the determination of
free or total chlorine (Dong et al., 2012; Tang et al., 2014; Saad et
al., 2005). Analytical methods that can measure inorganic chloramines
without the organic chloramine interferences are available, but not
approved for determining compliance with NPDWRs. Field test kits based
on the indophenol method are available that can specifically measure
monochloramine without inclusion of mass from dichloramine or organic
chloramines (Lee et al., 2007).
Use of Aerobic Spores as Pathogenic Protozoa Surrogates
EPA's existing microbial contaminants regulations require
monitoring of pathogenic protozoa in source water (e.g.,
Cryptosporidium) and microorganisms that indicate a possible pathway
for contamination (e.g., total coliform, E. coli). In this Six-Year
Review, EPA evaluated additional microorganisms that could be used to
identify PWSs most at risk from Cryptosporidium in ground water. New
data suggest that aerobic spores are useful surrogates for
Cryptosporidium occurrence and removal. Aerobic spores originate in
shallow soil. The spore presence in a sample from a PWS well indicates
that there is a pathway for water infiltration into the well, either
vertically from the surface or horizontally from nearby surface water.
[[Page 3541]]
EPA previously used aerobic spores as surrogate measures of
Cryptosporidium removal by alternative treatment in a demonstration of
field performance (USEPA, 2010f). Field demonstrations showed that the
spores performed well in demonstrating two-log removal of
Cryptosporidium at Casper, Wyoming, and Kennewick, Washington (USEPA,
2010f). Spores also performed well in demonstrating that a Nebraska PWS
was unable to achieve better than two-log removal of Cryptosporidium,
and that UV or other engineered treatment would be required (State of
Nebraska, 2013). Headd and Bradford (2015) summarized the relevant
scientific literature, conducted spore and Cryptosporidium laboratory
experiments, and performed porous media transport modeling. They found
that spores are suitable Cryptosporidium surrogates in ground water.
These new data suggest that aerobic spores are useful as surrogates for
Cryptosporidium removal estimates via subsurface passage (USEPA, 2010f)
and may be useful as supplemental surrogates to improve recognition of
GWUDI systems.
Locas et al. (2008) found that aerobic spores were present in six
of nine wells sampled in Quebec, Canada, and in 45 of 109 samples
taken. The authors conclude that aerobic spore presence is an indicator
of a change in water quality and warrants further investigation to
determine the source of potential contamination.
In EPA's investigation of virus occurrence in untreated PWS wells
under the UCMR3, 252 of 793 wells (317 of 1,047 samples) were positive
for aerobic spores (USEPA, 2016j). Measured concentrations spanned
three orders of magnitude, with about three percent having over 100
spore-forming units per 100 ml). Because aerobic spores originating in
soil are found in GWUDI and ground water PWS wells, the UCMR3 data
suggest that aerobic spores could be used as an indicator of the
susceptibility of PWS wells to surface water infiltration. Together
with other indicators and/or parasitic protozoa data from PWS wells,
newer methods including spores (occurrence, concentration, and/or
removal estimates) might be useful in identifying unrecognized GWUDI
PWS wells. The LT2 Toolbox Guidance Manual identified aerobic spores as
the indicator to determine Cryptosporidium removal for systems using
bank filtration for LT2 additional treatment requirements (USEPA,
2010f).
Occurrence and Exposure
Coliform and/or E. coli occurrence can be an indication of
conditions supporting bacterial growth or an intrusion event into the
distribution system. On the other hand, the absence of coliforms and/or
E. coli does not necessarily mean the absence of pathogens that are
more resistant to the disinfectant residual. Detection of coliform
bacteria is commonly associated with low distribution system
disinfectant residuals. According to LeChevallier et al. (1996),
disinfectant residuals of 0.2 mg/L or more of free chlorine, or 0.5 mg/
L or more of total chlorine, are associated with reduced levels of
coliform bacteria.
To assess the relationship between disinfectant residual and
occurrence of indicators for pathogens in distribution systems, EPA
evaluated information about chlorine residuals and total coliforms and
E. coli (TC/EC) using compliance monitoring data from the SYR3 ICR
database. EPA paired TC/EC results with field chlorine residual data
collected at the same time and location. It is important to note that
these evaluations help to inform the SYR3 results, but do not assess
compliance with regulatory standards.
EPA found that there was a lower rate of occurrence of both TC and
EC as the free or total chlorine residual increased to higher levels
(note: total chlorine is often used as a measure for systems that use
chloramines). For example, the TC positive rate was less than one
percent when chlorine residuals were equal to or greater than 0.2 mg/L
of free chlorine or 0.5 mg/L of total chlorine. This relationship
between chlorine residuals and occurrence of TC and EC was similar to
that reported by the Colorado Department of Public Health and
Environment (Ingels, 2015).
A disinfectant residual also serves as an indicator of the
effectiveness of distribution system best management practices. Best
management practices include flushing, storage tank maintenance, cross-
connection control, leak detection and effective pipe replacement and
repair practices. The effective implementation of best management
practices helps water suppliers to lower chlorine demand and maintain
an adequate disinfectant residual throughout the distribution system.
These same practices can also help control DBP formation.
Treatment Feasibility
EPA reviewed new information related to the TT requirements in the
SWTR and identified the following treatment-related topics that support
potential revisions to the SWTRs to improve public health protection:
Detectable residual for systems using chloramine
disinfection,
State implementation of disinfection residual
requirements,
Disinfectant residuals for control of Legionella in
premise plumbing systems,
HPC alternative to detectable residual measurement, and
CT criteria for viruses.
In addition, EPA reviewed key findings by the Research and
Information Collection Partnership (RICP) on drinking water
distribution system issues and research and information needs. The RICP
is a working group formed on the recommendation of the Total Coliform
Rule Distribution System Advisory Committee to identify specific high-
priority research and information collection activities and to
stimulate water distribution system research and information collection
(USEPA, 2008b; USEPA and Water Research Foundation, 2016).
Detectable Residual for Systems Using Chloramine Disinfection
As discussed in the background portion of this section, for surface
water systems or GWUDI systems, the SWTR requires that a disinfectant
residual cannot be undetectable in more than five percent of samples
each month for any two consecutive months.
EPA identified two issues that have implications for the
protectiveness of allowing a detectable residual as a surrogate for
bacteriological quality: Organic chloramines and nitrification. Organic
chloramines affect the effectiveness of disinfectant residuals because
they: (1) Form during the use of free chlorine or chloramines, (2)
interfere with commonly used analytical methods for free and total
chlorine measurements, and (3) are poor disinfectants compared to free
chlorine and monochloramine (Wahman and Pressman, 2015).
Because chloramination involves introduction of ammonia into
drinking water, and decomposition of chloramines can further release
ammonia in the distribution system, chloramine use comes with the risk
of distribution system nitrification (i.e., the biological oxidation of
ammonia to nitrite and eventually nitrate). Drinking water distribution
system nitrification is undesirable and can result in water quality
degradation. Information shows that maintaining a high enough level of
total chlorine or monochloramine residuals in the distribution system
can help prevent both nitrification and residual depletion (Stanford et
al, 2014).
[[Page 3542]]
State Implementation of Disinfectant Residual Requirements
States may adopt federal drinking water regulations or promulgate
more stringent drinking water requirements, including those for
disinfectant residuals. Preliminary information shows that 26 states
require a detectable disinfectant residual in the distribution system.
Twenty of these 26 states require a minimum free chlorine residual of
0.2 mg/L or more (Ingels, 2015; Wahman and Pressman, 2015). Five of the
20 states set standards even more stringent than 0.2 mg/L: Louisiana
requires at least 0.5 mg/L free chlorine in its emergency rule, while
Florida, Illinois, Iowa, and Delaware require 0.3 mg/L. For minimum
total chlorine residual, state requirements vary from 0.05 mg/L (New
Jersey) to 1.00 mg/L or higher (Kansas, Oklahoma, Iowa, Ohio, and North
Carolina). North Carolina has a numeric requirement for total chlorine
residual but not for free chlorine residual.
Colorado has amended its minimum disinfectant residual requirements
in the distribution system to be greater than or equal to 0.2 mg/L,
effective April 1, 2016 (Ingels, 2015). Pennsylvania recently proposed
to strengthen its disinfectant residual requirements by increasing the
minimum disinfectant residual in the distribution system to 0.2 mg/L
free or total chlorine (Pennsylvania Bulletin, 2016). Louisiana's
Emergency Distribution Disinfectant Residual Rule was established in
2013 to control Naegleria fowleri, an amoeba found in several PWSs.
That rule requires a minimum free or total chlorine disinfectant level
of 0.5 mg/L to be maintained at all times in finished water storage
tanks and the entire distribution system (Louisiana Department of
Health and Hospitals, 2013). The state agency intends to continue to
renew the Emergency Rule until a final rule can be promulgated
(Louisiana Department of Health and Hospitals, 2014).
Disinfectant Residuals for Control of Legionella in Premise Plumbing
Systems
Since the reporting of disease outbreaks due to Legionella began in
2001, Legionella has been shown to cause more drinking-water-related
outbreaks than any other microorganism. Addressing premise plumbing
issues is particularly challenging. Premise plumbing may be largely
outside of water utilities' operations and management control. Also,
the characteristic features of premise plumbing (e.g., low
disinfectants residuals, stagnation, and warm temperature) tend to
support growth and persistence of opportunistic pathogens.
Studies indicate that distribution systems can play a role in
influencing the transmission and contamination of Legionella in premise
plumbing systems (Lin et al., 1998; States et al., 2013). Hospitals
served by PWSs using chloramines reported fewer outbreaks of
legionellosis than those using free chlorine (Kool et al., 1999;
Heffelginger et al., 2003). Some building systems supplied by PWSs
which have switched to chloramines have seen marked reduction in the
colonization of Legionella (Flannery et al., 2006; Moore et al., 2006).
One implication of these studies is the importance of being able to
reliably measure and sustain chloramine residuals to increase the
likelihood of its effectiveness at controlling Legionella in premise
plumbing systems. On the other hand, some studies have indicated that
the occurrence of another pathogen, non-tubercular Mycobacterium, may
increase under chloramination conditions (Pryor et al., 2004; Moore et
al., 2006; Duda et al., 2014).
Legionella species can multiply in warm, stagnant water
environments, such as in community water storage tanks with low
disinfectant residuals during warm months. Cohn et al. (2014) observed
increased incidence of legionellosis among institutions and private
homes near a community water storage tank when the disinfectant
residual in the storage tank dropped (from greater than 0.2 mg/L to
less than 0.2 mg/L) during hot summer months. Based on these findings,
the authors recommended that, regardless of total coliform occurrence,
remedial actions be taken (e.g., flushing of mains, checking for closed
valves that can result in hydraulic dead-ends, and possibly installing
re-chlorination stations) when low chlorine residuals are observed
during hot summer months. They also noted that this storage tank had
been cleaned subsequent to the outbreak (Cohn et al., 2014; Ashbolt,
2015).
To help address concerns about Legionella, EPA developed a document
entitled ``Technology for Legionella Control in Premise Plumbing
Systems: Scientific Literature Review'' (USEPA, 2016r). The document
summarizes information about the effectiveness of different approaches
to control Legionella in a building's premise plumbing system. EPA
expects that use of this document will further improve public health by
helping primacy agencies, facility maintenance operators, and facility
owners make science-based risk management decisions regarding treatment
and control of Legionella in buildings.
EPA also reviewed the scientific literature on the effectiveness of
disinfectant residuals at controlling biofilm growth. Many factors
influence the concentration of the disinfectant residual in the
distribution system; and therefore, the ability of the residual to
control microbial growth and biofilm formation. These factors include
the level of assimilable organic carbon (AOC), the type and
concentration of disinfectant, water temperature, pipe materials, and
system hydraulics.
Problems associated with biofilms in distribution systems include
enhanced corrosion of pipes and deterioration of water quality.
Biofilms can provide ecological niches that are suited to the potential
survival of pathogens (Walker and Morales, 1997; Baribeau et al., 2005;
Behnke et al., 2011; Wang et al., 2012; Biyela et al., 2012; Revetta et
al., 2013; Ashbolt, 2015). The biofilm can protect microorganisms from
disinfectants and can enhance nutrient accumulation and transport
(Baribeau et al., 2005).
HPC Alternative to Detectable Residual Measurement
Under the SWTR, a system may demonstrate that its HPC levels are
less than 500 per mL, at any sampling locations, in lieu of
demonstrating the presence of a detectable disinfectant residual at
that location, per primacy agency approval. EPA reviewed new
information that suggests development of criteria which may be more
protective than the HPC criterion. For example, criteria used in the
Netherlands for systems operating without a distribution system
disinfectant residual provides an example of an alternative criteria
than the HPC criterion. In the Netherlands, chlorine is not used
routinely for primary or secondary disinfection. Dutch water systems
use the following general approach to control microbial activity in the
distribution system without a disinfectant residual (Smeets et al.,
2009): Produce a biologically stable drinking water; use distribution
system materials that are non-reactive and biologically stable; and
optimize distribution system operations and maintenance practices to
prevent stagnation and sediment accumulation. For the determination of
a biologically stable water they use AOC as an indicator.
CT Criteria for Virus Disinfection
EPA reviewed new disinfection studies published since the release
of the original CT tables. Collectively, the data in the recent
literature indicate that
[[Page 3543]]
EPA CT values for free chlorine disinfection are sufficient to
inactivate most enteric viruses in drinking water, except for Coxsackie
virus B5 at a pH higher than 7.5 (Black et al., 2009; Cromeans et al.,
2010; Keegan et al., 2012).
EPA's CT values for chlorine incorporate a safety factor of three
to account for differences between dispersed and aggregated hepatitis A
virus and between buffered, demand-free water and environmental water.
In light of new information about the hepatitis A virus and the effects
of source water quality on chlorine disinfection, EPA concludes that
the safety factor of three should be re-evaluated to ensure its
adequacy. A larger safety factor (thus higher EPA CT values) is
expected to enhance waterborne pathogen control but could lead to
higher DBP formation and warrants further examination in any rulemaking
activity.
Adenovirus is the virus that is most resistant to chloramines,
through it is very susceptible to free chlorine disinfection. Several
studies revealed that monochloramine disinfection might not provide
adequate control of adenovirus in drinking water, particularly in
waters with relatively high pH and at low temperature (Sirikanchana et
al., 2008; Hill and Cromeans, 2010).
Research and Information Collection Partnership Findings
The RICP partners are EPA and Water Research Foundation. EPA
examined information from the 10 high priority RICP areas in the
context of the Six-Year Review, particularly information related to the
effectiveness of sanitary survey and corrective action requirements
under the IESWTR. However, EPA found limited information that would
shed light on the frequency and magnitude of distribution system
vulnerability events (e.g., backflow events, storage tank breeches),
associated risk implication, and costs for preventing such events from
occurring. The RICP report identifies potential follow-up research
areas that could help to address these gaps (USEPA and Water Research
Foundation, 2016).
Risk-Balancing
The Agency has considered the risk-balancing aspects of the MDBP
rules and has determined that potential revisions to the SWTRs could
provide improved health protection. The risk-balancing activities
considered by the Agency include those between the microbial and
disinfection by-product rules, as well as those between different
groups of DBPs. This includes balancing the reduction in risks from
microbial pathogens should there be additional requirements to maintain
a disinfectant residual with the increased risk from D/DBPs resulting
from such requirements. EPA also considered the potential impact of
further constraints on DBP precursors on the reduction of demand for
disinfectant residual. The risk-balancing review was based on a
preliminary, qualitative assessment of unintended consequences; it is
important to note that further assessment of such consequences would be
an important component of any further rulemaking activities.
b. LT2
Background
EPA promulgated the LT2 on January 5, 2006 (71 FR 654, USEPA,
2006c). The LT2 applies to all PWSs that use surface water or ground
water under the direct influence of surface water as drinking water.
The LT2 builds upon the IESWTR and the LT1 by improving control of
microbial pathogens, specifically the contaminant Cryptosporidium. The
purpose of the LT2 is to reduce illness linked with the contaminant
Cryptosporidium and other disease-causing microorganisms in drinking
water. The LT2 supplements the IESWTR and the LT1 regulations by
establishing additional Cryptosporidium treatment requirements for
higher-risk systems. The LT2 requires source water occurrence
monitoring which is used to determine additional treatment
requirements. The LT2 rule provides for additional CT credits for
Cryptosporidium inactivation by ozone and chlorine dioxide. The LT2
also provides UV treatment credits for Cryptosporidium, Giardia and
virus inactivation. EPA recognized that research in the field of
Cryptosporidium inactivation is ongoing and included a provision in the
rule that allows unfiltered systems using a disinfectant other than
chlorine to demonstrate the log inactivation that can be achieved.
The LT2 also contains provisions to reduce risks from uncovered
finished water reservoirs (UCFWRs).\5\ The rule ensures that systems
maintain microbial protection when they take steps to decrease the
formation of disinfection byproducts in systems that add a chemical
disinfectant (i.e., other than UV light) or receive a chemically
disinfected water. Storage of treated drinking water in open reservoirs
can lead to significant water quality degradation and health risks to
consumers (USEPA, 1999). Examples of such water quality degradation
include increases in algal cells, coliform bacteria, heterotrophic
bacteria, particulates, disinfection byproducts, metals, taste and
odor, insect larvae, Giardia, Cryptosporidium and nitrate (USEPA,
1999). Contamination of reservoirs occurs through surface water runoff,
bird and animal wastes, human activity, algal growth, airborne
deposition and insects and fish.
---------------------------------------------------------------------------
\5\ LT2 uses the term `facilities'' instead of `reservoirs'. The
term reservoirs is used in this document.
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The LT2 requires PWSs using uncovered finished water storage
facilities to either cover the storage facility or treat the storage
facility discharge (i.e., prior to entering the distribution system) to
achieve inactivation and/or removal of 4-log virus, 3-log G. lamblia,
and 2-log Cryptosporidium spp. on a state-approved schedule.
Under the LT2, PWSs were required to notify their state/primacy
agency by April 1, 2008, if they used UCFWRs. Additionally, the LT2
required all PWSs to either meet the requirement to cover the UCFWR, or
treat the UCFWR discharge to the distribution system or be in
compliance with a state-approved schedule for meeting these
requirements no later than April 1, 2009. Under this review, EPA
evaluated published information to assess whether allowing a state-
approved risk management plan would justify revisions to the LT2.
Summary of Review Results
Information available since promulgation of the LT2 either supports
the current regulatory requirements or does not justify a revision. EPA
determined that no regulatory revisions to the UCFWR requirements of
the LT2 are warranted at this time based on the review of available
information.
Health Effects
EPA reassessed the health risks resulting from exposure to
Cryptosporidium spp., Giardia lamblia and viruses, as well as other
potential microbiological risks to human health. The Agency also
reviewed new information on other pathogens of potential concern to
determine whether additional measures are warranted to provide greater
public health protection from these pathogens, particularly in the
context of the UCFWR provisions of the LT2.
The principal objectives of this health effects review were to: (1)
Evaluate whether there are new or additional ways to estimate risks
from Cryptosporidium and other pathogenic microorganisms in drinking
water and
[[Page 3544]]
(2) evaluate surveillance and outbreak data on Cryptosporidium and
other contaminants of potential concern. Based on the review, the new
information does not justify a revision to the health basis for the LT2
at this time. For more information regarding EPA's review of health
effects, see the ``Six-Year Review 3 Technical Support Document for
Long-Term 2 Enhanced Surface Water Treatment Rule'' (USEPA, 2016m).
Analytical Feasibility
The LT2 specifies approved analytical methods to determine the
levels of Cryptosporidium in source waters for the identification of
additional treatment needs. The LT2 requires systems and/or
laboratories to use either ``Method 1622: Cryptosporidium in Water by
Filtration/IMS/FA'' (EPA 815-R-05-001, USEPA, 2005d) or ``Method 1623:
Cryptosporidium and Giardia in Water by Filtration/IMS/FA'' (EPA 815-R-
05-002, USEPA, 2005e). EPA Methods 1622 or 1623 is used in monitoring
programs to characterize Cryptosporidium levels in the source water of
PWSs for the purposes of risk-targeted treatment requirements under the
LT2. Method recoveries of more than 3,000 matrix spiked samples from
the first round of monitoring for the LT2 indicated an average recovery
of oocysts with Methods 1622 and 1623 to be 40 percent. In addition to
evaluating the results from the first round of monitoring, EPA gathered
new information on Cryptosporidium analytical methods by investigating
improvements to Methods 1622 and 1623. EPA evaluated whether the
required use of a revised method (Method 1623.1) would be justified for
Round 2 monitoring under the LT2. Though new information is available
that indicates the potential for a regulatory revision, the Agency does
not believe it is appropriate to revise the rule to require the use of
Method 1623.1, since the Agency believes such a change would not
provide substantially greater protection of public health at the
national level. The use of Method 1623.1 during the LT2 Round 2
monitoring is optional, and not required. Since EPA is not planning
changes to the methods required under the LT2, the schedule for the LT2
Round 2 monitoring remains the same as described in the final LT2,
which is scheduled to be completed no later than 2021 for all PWSs.
Occurrence and Exposure
The LT2 requires PWSs using surface water or ground water under the
direct influence of surface water to monitor their source waters for
Cryptosporidium spp. (and/or E. coli) to identify additional treatment
requirements. PWSs must monitor their source water (i.e., the influent
water entering the treatment plant) over two different timeframes
(Round 1 and Round 2) to determine the Cryptosporidium level.
Monitoring results determine the extent of Cryptosporidium treatment
requirements under the LT2.
Under the LT2, the date for PWSs to begin monitoring is staggered
by PWS size, with smaller PWSs starting at a later time than larger
systems. According to the LT2 rule requirements, all PWSs were expected
to complete Round 1 in 2012.
To reduce monitoring costs, small filtered PWSs (serving fewer than
10,000 people) initially monitor for E. coli for one year as a
screening analysis and are required to monitor for Cryptosporidium only
if their E. coli levels exceed specified trigger values. Small filtered
PWSs that exceed the E. coli trigger, as well as small unfiltered PWSs,
must monitor for Cryptosporidium for one or two years, depending on the
sampling frequency.
Based on the source water monitoring results, filtered systems were
classified in one of four risk categories to determine additional
treatment needed (Bins 1-4). Systems in Bin 1 are required to provide
no additional Cryptosporidium treatment. Filtered systems in Bins 2-4
must achieve 1.0-2.5 log of treatment (i.e., 90 to 99.7 percent
reduction) for Cryptosporidium over and above that provided by
conventional treatment, depending on the Cryptosporidium
concentrations. Filtered PWSs must meet the additional Cryptosporidium
treatment requirements in Bins 2, 3, or 4 by selecting one or more
technologies from the microbial toolbox of options for ensuring source
water protection and management, and/or Cryptosporidium removal or
inactivation. All unfiltered water systems must provide at least 99 or
99.9 percent (2 or 3-log) inactivation of Cryptosporidium, depending on
the results of their monitoring. Additionally, all filtered systems
that provide, or will provide, 5.5 log treatment for Cryptosporidium
are exempt from monitoring and subsequent bin classification. Systems
providing 5.5 log Cryptosporidium treatment must notify the state no
later than the date by which the system must submit a sampling plan.
Six years after the initial bin classification, filtered systems
must conduct a second round of monitoring. Round 2 monitoring is in
place to understand year-to-year occurrence variability. The difference
observed between occurrence at the time of the ICR Supplemental Surveys
(USEPA, 2000c) and the LT2 Round 1 monitoring indicates year-to-year
variability. Round 2 monitoring began in 2015. Under this review, EPA
considered whether a third round of monitoring would be justified at
this time, in particular, requiring the use of Method 1623.1. EPA also
considered whether a modification to the action bin boundaries should
be made based on requiring Method 1623.1.
Because of the relatively modest gains in public health protection
predicted by the Round 2 monitoring EPA does not believe a third round
of monitoring is justified at this time, even if the Agency were to
require the use of Method 1623.1 for this monitoring. Round 1
Cryptosporidium occurrence was lower than expected (3.3-5.3 percent of
Bin 1 systems from Round 1 would be moved to a higher bin). As
mentioned earlier, EPA will not require the use of Method 1623.1 for
Cryptosporidium monitoring. Therefore, EPA will not make changes to the
action bin boundaries at this time.
Treatment Feasibility
LT2 includes a variety of treatment and control options,
collectively termed the ``microbial toolbox,'' that PWSs can implement
to comply with the LT2's additional Cryptosporidium treatment
requirements. Most options in the microbial toolbox carry prescribed
credits toward Cryptosporidium treatment and control requirements. The
LT2 Toolbox Guidance Manual (USEPA, 2010f) provides guidance on how to
apply the toolbox options.
The LT2 also requires all unfiltered PWSs to provide at least 2 to
3-log (i.e., 99 to 99.9 percent) inactivation of Cryptosporidium.
Further, under the LT2, unfiltered PWSs must achieve their overall
inactivation requirements (including Giardia and virus inactivation as
established by earlier regulations) using a minimum of two
disinfectants.
EPA reviewed information available since the promulgation of the
LT2 on the use of the microbial toolbox to determine if the information
would support a potential change to the prescribed credits or the
associated design and operational criteria. In addition, EPA searched
for information on new and emerging tools that would support their
potential addition to the toolbox. The Agency also received input on
the use and effectiveness of the microbial toolbox tools through public
meetings, research of publicly available information and by actively
communicating with some systems. EPA
[[Page 3545]]
also considered benefits and/or difficulties observed by the PWSs when
using the available tools.
EPA also examined information from some PWSs with UCFWRs to
evaluate the potential effectiveness of risk management measures taken
by those PWSs for protecting the finished water in the UCFWRs from
contamination. The New York City Department of Environmental Protection
(NYC DEP) has undertaken more activities than any other PWS to protect
their Hillview Reservoir from contamination. These activities include
wildlife management (e.g., bird harassment and deterrents, mammal
relocation), security measures, runoff control, public health
surveillance, microbial monitoring (e.g., Cryptosporidium, E. coli) and
a Cryptosporidium and Giardia action plan.\6\ EPA reviewed information
pertaining to these activities and concluded that the information is
inadequate to support regulatory changes at the national level. The
data is also insufficient to demonstrate that risk management
activities provide equivalent public health protection compared to
covering the reservoir or treating the outflow from the reservoir.
---------------------------------------------------------------------------
\6\ https://www.nyc.gov/html/dep/pdf/reports/fad_4.1_waterfowl_managementprogram_annual_report.07-12.pdf.
---------------------------------------------------------------------------
The LT2 includes disinfection profile and benchmark requirements to
ensure that any significant change in disinfection, whether for
disinfection byproducts control under the Stage 2 D/DBPR, improved
Cryptosporidium control under the LT2, or both, does not significantly
compromise existing Giardia and virus protection. The profiling and
benchmarking requirements under the LT2 are similar to those
promulgated under the IESWTR and the LT1 (USEPA, 2002c) and are
applicable to systems that make a significant change to their
disinfection practices.
EPA did not identify information that would support a potential
change to the methodology and calculations for developing the
disinfection profile and benchmark under the LT2. However, EPA
identified information that would support a potential change to the CT
values required for virus disinfection (as discussed in the Section
VI.B.4.a. ``SWTRs''). EPA is considering this information in the review
of the overall filtration and disinfection requirements in the SWTR.
Based on the outcome of this review, EPA determined that no
regulatory revisions to the microbial toolbox options are warranted at
this time. Any new information available to the Agency either supports
the current regulatory requirements or does not justify a revision. For
more information regarding EPA's review of treatment feasibility see
the ``Six-Year Review 3 Technical Support Document for Long-Term 2
Enhanced Surface Water Treatment Rule'' (USEPA, 2016m).
c. FBRR
Background
EPA promulgated the FBRR in 2001 (66 FR 31086, USEPA, 2001b). It
requires PWSs to review their backwash water recycling practices to
ensure microbial control is not compromised, and it requires PWSs to
recycle filter backwash water.
Summary of Review Results
EPA reviewed this rule as part of the Six-Year Review 3, and the
result is to take no action on the basis that EPA did not identify any
relevant information that indicate changes to the NPDWR.
d. GWR
Background
EPA promulgated the GWR in 2006 (71 FR 65573, USEPA, 2006b) to
provide protection against microbial pathogens in PWSs using ground
water sources. The rule establishes a risk-based approach to target
undisinfected ground water systems that are vulnerable to fecal
contamination. If a system has an initial total coliform positive in
the distribution system (based on routine coliform monitoring under the
RTCR), followed by a fecal indicator positive (E. coli, enterococci or
coliphage) in a follow-up source water sample, it is considered to be
at risk of fecal contamination. Systems at risk of fecal contamination
must take corrective action to reduce potential illness from exposure
to microbial pathogens. Disinfecting systems that can demonstrate 4-log
virus inactivation are not subject to the monitoring requirements.
In addition to the protection provided by the Revised Total
Coliform Rule (RTCR) and GWR monitoring requirements, systems that do
not disinfect are also protected by the sanitary survey provisions of
the GWR and the Level 1 assessment provisions of the RTCR.
Summary of Review Results
EPA has not identified the GWR as a candidate for revision under
the Six-Year Review 3 because EPA needs to evaluate emerging
information from full implementation of the GWR (71 FR 65573, USEPA,
2006b) and the RTCR (78 FR 10270, USEPA, 2013a) before determining if
there is an opportunity to improve public health protection.
Implementation of the GWR was not yet completed for the period of time
covered by the SYR3 ICR. The RTCR was promulgated in 2013 and became
effective on April 1, 2016. EPA expects that implementation on the RTCR
may impact the percent of ground water systems that will be triggered
into source water monitoring and taking any corrective actions under
the GWR. Therefore, the effects of the GWR and the RTCR implementation
in addressing vulnerable ground water systems are not yet known. EPA
notes that the GWR was also recently reviewed under Section 610 of the
Regulatory Flexibility Act, which required federal agencies to review
regulations that have significant economic impact on a substantial
number of small entities within 10 years after their adoption as final
rules. The 610 Review of the GWR was recently completed; three comments
were received. A report is available discussing the 610 Review,
comments received, and EPA's response to major comments (USEPA, 2016g).
Health Effects
Borchardt et al. (2012) studied the health effects associated with
enteric virus occurrence in undisinfected PWS wells in 14 communities
in Wisconsin. Drinking water samples were assayed for a suite of viral
pathogens using quantitative polymerase chain reaction (qPCR).
Community members kept daily diaries to self-report AGI. The study
found a statistically significant association between enteric virus
occurrence in the drinking water and AGI incidences in the communities.
Using the 2005 data, EPA estimated a national average TC detection
rate of 2.4 percent for routine samples from undisinfected CWSs with
populations less than 4,100 people (USEPA, 2012). The 14 communities
(with undisinfected PWS wells) studied by Borchardt et al. (2012) had
TC detections of 2.3 percent. These data suggest that the 14
communities studied by Borchardt et al. (2012) had TC detection rates
no different from an average undisinfected community PWS in the U.S.
Analytical Methods
Since the promulgation of the GWR in 2006, EPA has approved several
new methods for the analysis of TC samples used as a trigger for GWR
source water monitoring, or for source water fecal indicators used
under the GWR. These methods can be found on the EPA Web site (https://
www.epa.gov/dwanalyticalmethods/approved-
[[Page 3546]]
drinking-water-analytical-methods). However, PWSs are not required to
use these new methods. Additionally, EPA did eliminate the use of fecal
coliforms from the RTCR as an indicator of fecal contamination.
Occurrence and Exposure
New information suggests that total coliform occurrence varies
among small undisinfected ground water systems, depending upon whether
the system is a community, non-transient non-community or transient
non-community PWS (USEPA, 2016n). Statistical modeling of 2011 data
(about 60,000 systems based on occurrence data collected from
undisinfected ground water systems) shows that undisinfected transient
non-community ground water systems have the highest occurrence, at
approximately four percent median routine TC positive occurrence as
compared with three percent for undisinfected non-transient non-
community ground water systems and two percent for undisinfected
community ground water systems (USEPA, 2016n). These occurrence levels
are similar to those estimated during the development of the RTCR using
2005 data (USEPA, 2012). Additionally, according to the 2005 and 2011
datasets, the smaller systems had higher median TC occurrence than the
larger systems. All positive total coliform samples were assayed for E.
coli; about one in 20 were E. coli positive.
A small percentage of undisinfected ground water systems have
higher TC detection rates. For example, of the 52,000 undisinfected
transient, non-community ground water systems serving populations less
than 101 people (the total count is from USEPA, 2006b), EPA (2012)
estimated that about 2,600 (five percent) of those systems (4.6 percent
for the 2005 data set) had TC detection rates of 20 percent or more.
Under the third monitoring cycle of the Unregulated Contaminant
Monitoring Rule (UCMR3), EPA sampled about 800 randomly selected
undisinfected ground water systems serving fewer than 100 people for
virus and virus indicators. These data show that only a small number of
samples were virus positive by qPCR (16 out of 1,044 or two percent)
(USEPA, 2016j). This result contrasts significantly with the virus
positive sample rate from Borchardt et al. (2012) (287 out of 1,204 or
24 percent). One difference is that Borchardt et al. (2012) sampled
prior to any treatment in the undisinfected wells (e.g., softening,
iron/manganese removal). In contrast, many wells in the UCMR3 virus
study were sampled after softening or other treatment. The UCMR3
monitoring results are available online at: https://www.epa.gov/dwucmr/data-summary-third-unregulated-contaminant-monitoring-rule.
VII. EPA's Request for Comments and Next Steps
EPA invites commenters to submit any relevant data or information
pertaining to the NPDWRs identified in this action as candidates for
revision, as well as other relevant comments. EPA will consider the
public comments and/or any new, relevant data submitted for the eight
NPDWRs listed as candidates for revision as the Agency moves forward in
determining whether regulatory revisions for these NPDWRs are
necessary. The announcement whether or not the Agency intends to revise
an NPDWR (pursuant to SDWA Sec. 1412(b)(9)) is not a regulatory
decision.
Relevant data include studies/analyses pertaining to health
effects, analytical feasibility, treatment feasibility and occurrence/
exposure. This information will inform EPA's evaluation as the Agency
moves forward determining whether regulatory revisions for these NPDWRs
are necessary. The data and information requested by EPA include peer-
reviewed science and supporting studies conducted in accordance with
sound and objective scientific practices, and data collected by
accepted methods or best available methods (if the reliability of the
method and the nature of the review justifies use of the data).
Peer-reviewed data are studies/analyses that have been reviewed by
qualified individuals (or organizations) who are independent of those
who performed the work, but who are collectively equivalent in
technical expertise (i.e., peers) to those who performed the original
work. A peer review is an in-depth assessment of the assumptions,
calculations, extrapolations, alternate interpretations, methodology,
acceptance criteria and conclusions pertaining to the specific major
scientific and/or technical work products and the documentation that
supports them (USEPA, 2015a).
Specifically, EPA is requesting comment and/or information related
to the following aspects of potential revisions to the MDBP NPDWRs:
Potential approaches that could enhance protection from
DBPs, including both those that are regulated and those currently
unregulated (e.g., nitrosamines). Specifically, commenters are
requested to provide information about requiring greater removal of
precursors (e.g., TOC), and/or more targeted constraints on precursors
(e.g., based on watershed vulnerabilities) that could provide for an
improvement in health protection from mixtures of DBPs while
considering risk-balancing. For example, commenters are requested to
provide information about an approach that provides for an option to
either control source water vulnerabilities (e.g., de facto reuse) or
to further constrain precursors associated with unregulated DBPs. In
addition, commenters are requested to provide information that
considers a comprehensive analysis of source waters for the formation
of a wide variety of byproducts (e.g., TTHM, HAA5, and unregulated DBPs
such as nitrosamines, brominated and iodinated compounds).
Potential approaches that could enhance protection from
chlorite, chlorate, and chlorine dioxide. Specifically, commenters are
requested to provide information about approaches that could involve,
for example: Setting standards for systems using hypochlorite that
address combined exposure to chlorite and chlorate; and setting
standards for systems using chlorine dioxide (alone or in combination
with other disinfectants) that address combined exposure from chlorite,
chlorate, and chlorine dioxide.
Potential approaches that could provide increased
protection from microbial pathogens and that take into consideration
the issues noted about disinfection residual requirements, while
considering the risk-balancing aspects of the MDBP rules. In addition,
commenters are requested to provide information about approaches that
could offer enhanced protection without the use of a chlorine-based
disinfectant residual in the distribution system, including technology
and management systems associated with those approaches.
Information about how frequently PWS monitor for DBPs
during chlorine burn periods, including revised monitoring schedules
for DBPs, taking into account occurrence and exposure to DBPs during
chlorine burn periods, and related short-term health effects on
sensitive populations.
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Agency for Toxic Substances and Disease Registry (ATSDR). 2010.
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Behnke, S., A.E. Parker, D. Woodall, and A.K. Camper. 2011.
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Bercz, J.P., L.L. Jones, L. Garner, L. Murray, D. Ludwig, and J.
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State of Nebraska. 2013. Demonstration of Performance to Establish
Natural Filtration Credits for the City of Kearney, Nebraska. Platte
River Well Field. Project #130-C1-054.
States, S., G. Cyprych, M. Stoner, F. Wydra, J. Kuchta, J. Monnell,
and L. Casson. 2013. Marcellus shale drilling and brominated THMs in
Pittsburgh, PA., drinking water. Journal of the American Water Works
Association. 105(8): 432-448.
Stayner, L.T., M. Pedersen, E. Patelarou, I. Decordier, K. Vande
Loock, L. Chatzi, A. Espinosa, E. Fthenou, M.J. Niewenhuijsen, E.
Gracia-Lavedan, E.G. Stephanou, M. Kirsch-Volders, M. Kogevinas.
2014. Exposure to brominated trihalomethanes in water during
pregnancy and micronuclei frequency in maternal and cord blood
lymphocytes. Environmental Health Perspectives. 122(1): 100-106.
Summers, R.S., M.A. Benz, H.M. Shukairy, and L. Cummings. 1993.
Effect of separation processes on the formation of brominated THMs.
Journal of the American Water Works Association. 95: 88-95.
Symons, J.M., Krasner, S.W., Simms, L.A., and Sclimenti, M. 1993.
Measurement of THM and precursor concentrations revisited: the
effect of bromide ion. Journal of the American Water Works
Association. 85(1): 51-62.
Tang, Y., Y. Su, N. Yang, L. Zhang, and Y. Lv. 2014. Carbon nitride
quantum dots: a novel chemiluminescence system for selective
detection of free chlorine in water. Analytical Chemistry. 86(9):
4528-4535.
Teunis, P.F., C.L. Chappell, and P.C. Okhuysen. 2002a.
Cryptosporidium dose response studies: variation between isolates.
Risk Analysis. 22(1): 175-185.
Teunis, P.F., C.L. Chappell, and P.C. Okhuysen. 2002b.
Cryptosporidium dose response studies: variation between hosts. Risk
Analysis. 22(3): 475-485.
U. S. Department of Health and Human Services. 2015. U.S. Public
Health Service Recommendation for Fluoride Concentration in Drinking
Water for the Prevention of Dental Caries. Available online at:
https://www.publichealthreports.org/documents/PHS_2015_Fluoride_Guidelines.pdf.
U.S. Environmental Protection Agency (USEPA). 1979. Interim Primary
Drinking Water Regulations; Amendments. 44 FR 42254. July 19, 1979.
USEPA. 1985. National Primary Drinking Water Regulations; Volatile
Synthetic Organic Chemicals; Final Rule and Proposed Rule. 50 FR
46880. November 13, 1985.
USEPA. 1989. National Primary Drinking Water Regulations;
Filtration, Disinfection; Turbidity, Giardia lamblia, Viruses,
Legionella, and Heterotrophic Bacteria; Final Rule. Part III. 54 FR
27486. June 29, 1989.
USEPA. 1991. Guidance Manual for Compliance with the Filtration and
Disinfection Requirements for Public Water Systems Using Surface
Water Sources. March 1991. Available online at: https://www.epa.gov/sites/production/files/2015-10/documents/guidance_manual_for_compliance_with_the_filtration_and_disinfection_requirements.pdf.
USEPA. 1995. Reregistration Eligibility Decision (RED) for Picloram.
Office of Prevention, Pesticides and Toxic Substances: Washington,
DC. EPA738-R95-019. https://archive.epa.gov/pesticides/reregistration/web/pdf/0096.pdf
USEPA. 1998a. Toxicological Review of Beryllium and Compounds (CAS
No. 7440-41-7): in Support of Summary Information on the Integrated
Risk Information System (IRIS). National Center for Environmental
Assessment, Office of Research and Development, Washington, DC. EPA
635-R-98-008. https://cfpub.epa.gov/ncea/iris/iris_documents/documents/toxreviews/0012tr.pdf
USEPA. 1998b. National Primary Drinking Water Regulations;
Disinfectants and Disinfection Byproducts; Final Rule. 63 FR 69390.
December 16, 1998.
USEPA. 1998c. National Primary Drinking Water Regulations. Interim
Enhanced Surface Water Treatment Rule. Final Rule. 63 FR 69477.
December 16, 1998.
USEPA. 1998d. Small System Compliance Technology: List for the Non-
Microbial Contaminants Regulated Before 1996. EPA 815-R-98-002.
September 1998.
USEPA. 1999. Uncovered Finished Water Reservoirs Guidance Manual.
EPA 815-R-99-011. April 1999. Available online at: https://webcache.googleusercontent.com/search?q=cache:SLzRMA1eR7oJ:https://www.epa.gov/dwreginfo/interim-enhanced-surface-water-treatment-rule-documents+&cd=1&hl=en&ct=clnk&gl=us.
USEPA. 2000a. ICR Auxiliary 1 Database. EPA 815-C-00-002.
USEPA. 2000b. ICR Treatment Study Database. EPA 815-C-00-003.
USEPA. 2000c. ICR Supplemental Survey Database. Prepared by DynCorp,
Inc.
USEPA. 2001a. Toxicological Review of Hexachlorocyclopentadiene
(CASRN 77-47-4): In Support of Summary Information on the Integrated
Risk Information System (IRIS). National Center for Environmental
Assessment, Office of Research and Development, Washington, DC. EPA
600-R-01-013. https://cfpub.epa.gov/ncea/iris/iris_documents/documents/toxreviews/0039tr.pdf
USEPA. 2001b. National Primary Drinking Water Regulations: Filter
Backwash Recycling Rule. 66 FR 31086. June 8, 2001.
USEPA. 2002a. Diquat Dibromide HED Risk Assessment for Tolerance
Reassessment Eligibility Document (TRED). PC Code No: 032201; DP
Barcode: D281890; Submission Barcode: S611057. https://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2009-0920-0007
USEPA. 2002b. Toxicological Review of 1,1-Dichloroethylene (CAS No.
75-35-4): In Support of Summary Information on the Integrated Risk
Information System (IRIS). National Center for Environmental
Assessment, Office of Research and Development: Washington, DC. EPA
635-R-02-002. https://cfpub.epa.gov/ncea/iris/iris_documents/documents/toxreviews/0039tr.pdf
USEPA. 2002c. National Primary Drinking Water Regulations: Long Term
1 Enhanced Surface Water Treatment Rule. Final Rule. 67 FR 1812.
January 14, 2002.
USEPA. 2002d. Reregistration Eligibility Decision (RED) for Lindane.
Office of Prevention, Pesticides and Toxic Substances: Washington,
DC. https://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2002-
0202-0027
USEPA. 2003a. Toxicological Review of Xylenes (CAS No.1330-20-7): In
Support of Summary Information on the Integrated Risk Information
System (IRIS). National Center for Environmental Assessment, Office
of Research and Development: Washington, DC. EPA 635-R-03-001.
https://cfpub.epa.gov/ncea/iris/iris_documents/documents/toxreviews/0270tr.pdf
USEPA. 2003b. National Primary Drinking Water Regulations;
Announcement of Completion of EPA's Review of Existing Drinking
Water Standards. Notice. 68 FR 42908. July 18, 2003.
USEPA. 2005a. Economic Analysis for the Final Stage 2 Disinfectants
and Disinfection Byproducts Rule. EPA 815-R-05-010. December 2005.
USEPA. 2005b. Toxicological Review of Barium and Compounds (CAS
No.7440-39-3): In Support of Summary Information
[[Page 3551]]
on the Integrated Risk Information System (IRIS). National Center
for Environmental Assessment, Office of Research and Development:
Washington, DC. EPA 635-R-05-001. https://cfpub.epa.gov/ncea/iris/iris_documents/documents/toxreviews/0010tr.pdf
USEPA. 2005c. Toxicological Review of Toluene (CAS No. 108-88-3): In
Support of Summary Information on the Integrated Risk Information
System (IRIS). National Center for Environmental Assessment, Office
of Research and Development: Washington, DC. EPA 635-R-05-004.
https://cfpub.epa.gov/ncea/iris/iris_documents/documents/toxreviews/0118tr.pdf
USEPA. 2005d. Method 1622: Cryptosporidium in Water by Filtration/
IMS/FA. EPA 815-R-05-001.
USEPA. 2005e. Method 1623: Cryptosporidium and Giardia in Water by
Filtration/IMS/FA. EPA 815-R-05-002.
USEPA. 2005f. Reregistration Eligibility Decision for Endothall
(Case Number 2245). EPA 738-R-05-008, Office of Prevention,
Pesticides, and Toxic Substances: Washington, DC. https://archive.epa.gov/pesticides/reregistration/web/pdf/endothall_red.pdf
USEPA. 2005g. Technologies and Costs for the Final Long Term 2
Enhanced Surface Water Treatment Rule and Final Stage 2
Disinfectants and Disinfection Byproducts Rule. EPA 815-R-05-012.
December 2005.
USEPA. 2006a. Acetochlor/Alachlor: Cumulative Risk Assessment for
the Chloroacetanilides. Office of Prevention, Pesticides and Toxic
Substances: Washington, DC.
USEPA. 2006b. National Primary Drinking Water Regulations: Ground
Water Rule; Final Rule. 71 FR 65573. November 8, 2006.
USEPA. 2006c. National Primary Drinking Water Regulations: Long Term
2 Enhanced Surface Water Treatment Rule; Final Rule. 71 FR 654.
January 5, 2006.
USEPA. 2006d. National Primary Drinking Water Regulations: Stage 2
Disinfectants and Disinfection Byproducts Rule; Final Rule. 71 FR
388. January 4, 2006.
USEPA. 2006e. Reregistration Eligibility Decision (RED) for Chlorine
Dioxide and Sodium Chlorite (Case 4023). EPA 738-R-06-007. August
2006.
USEPA. 2007a. Toxicological Review of 1,1,1-Trichloroethane (CAS No.
71-55-6): In Support of Summary Information on the Integrated Risk
Information System (IRIS). National Center for Environmental
Assessment, Office of Research and Development: Washington, DC. EPA-
635-R-03-013. https://cfpub.epa.gov/ncea/iris/iris_documents/documents/toxreviews/0197tr.pdf
USEPA. 2007b. Simultaneous Compliance Guidance Manual for the Long-
Term 2 and Stage 2 DBP Rules. EPA 815-R-07-017. March 2007.
USEPA. 2008a. Carbofuran. HED Revised Risk Assessment for the Notice
of Intent to Cancel (NOIC). PC 090601. DP# 347038. https://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2007-1088-0034
USEPA. 2008b. Total Coliform Rule/Distribution System (TCRDS)
Federal Advisory Committee. Agreement in Principle. Available online
at: https://www.epa.gov/sites/production/files/2015-10/documents/total_coliform_rule_distribution_system_advisory_committee_agreement_in_principle_pdf.pdf.
USEPA. 2009a. Analytical Feasibility Support Document for the Second
Six-Year Review of Existing National Primary Drinking Water
Regulations. EPA 815-B-09-003. October 2009.
USEPA. 2010a. Agency Information Collection Activities; Submission
to OMB for Review and Approval; Comment Request; Contaminant
Occurrence Data in Support of EPA's Third Six-Year Review of
National Primary Drinking Water Regulations (Renewal); EPA ICR No.
2231.02, OMB Control No. 2040-0275. 75 FR 6023. February 5, 2010.
USEPA. 2010b. Fluoride: Dose Response Analysis for Non-Cancer
Effects. EPA 820-R-10-019. December 2010.
USEPA. 2010c. Fluoride: Exposure and Relative Source Contribution
Analysis. EPA 820-R-10-015. December 2010.
USEPA. 2010d. Integrated Risk Information System (IRIS):
Toxicological Review of cis-1,2-Dichloroethylene and trans-1,2-
Dichloroethylene in Support of Summary Information. National Center
for Environmental Assessment, Office of Research and Development:
Washington, DC. https://cfpub.epa.gov/ncea/iris/iris_documents/documents/toxreviews/0418tr.pdf
USEPA. 2010e. Integrated Risk Information System (IRIS):
Toxicological Review of Hydrogen Cyanide and Cyanide Salts in
Support of Summary Information. National Center for Environmental
Assessment, Office of Research and Development: Washington, DC.
https://cfpub.epa.gov/ncea/iris/iris_documents/documents/toxreviews/0060tr.pdf
USEPA. 2010f. Long Term 2 Enhanced Surface Water Treatment Rule
Toolbox Guidance Manual. EPA 815-R-09-016. April 2010.
USEPA. 2010g. Memorandum: Updated toxicity endpoints for oxamyl.
Office of Chemical Safety and Pollution Prevention, Washington, DC.
https://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2010-0028-
0011
USEPA. 2010h. National Primary Drinking Water Regulations;
Announcement of the Results of EPA's Review of Existing Drinking
Water Standards and Request for Public Comment and/or Information on
Related Issues. 75 FR 15500. March 29, 2010.
USEPA, 2011. Improving our Regulations: Final Plan for Periodic
Retrospective Review of Existing Regulations. Available online at:
https://www.epa.gov/sites/production/files/2015-09/documents/eparetroreviewplan-aug2011_0.pdf
USEPA. 2012. Economic Analysis for the Final Revised Total Coliform
Rule. EPA 815-R-12-004. September 2012.
USEPA. 2013a. 40 CFR parts 141 and 142; National Primary Drinking
Water Regulations; Revisions to the Total Coliform Rule; Final Rule.
78 FR 10270. February 13, 2013.
USEPA. 2013b. Human Health Risk Assessment for a Proposed Use of
2,4-D Choline on Herbicide-Tolerant Corn and Soybean. Office of
Chemical Safety and Pollution Prevention. https://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2014-0195-0007
USEPA. 2014a. Design Manual: Removal of Fluoride from Drinking Water
Supplies by Activated Alumina. EPA/600/R-14/236. March 2014.
USEPA. 2014b. Announcement of Preliminary Regulatory Determinations
for Contaminants on the Third Drinking Water Contaminate Candidate
List; Proposed Rule. 79 FR 62715. October 20, 2014.
USEPA. 2015a. Peer Review Handbook 4th Edition. October 2015.
Available online at: https://www.epa.gov/sites/production/files/2015-10/documents/epa_peer_review_handbook_4th_edition_october_2015.pdf.
USEPA. 2015b. Revisions to the Unregulated Contaminant Monitoring
Rule (UCMR4) for Public Water Systems and Announcement of a Public
Meeting. 70 FR 76897. December 11, 2015. Available online at:
https://www.epa.gov/sites/production/files/2015-11/documents/ucmr4_proposal_151130.pdf.
USEPA. 2016a. Analytical Feasibility Support Document for the Third
Six-Year Review of National Primary Drinking Water Regulations:
Chemical Phase Rules and Radionuclides Rules. EPA-810-R-16-005.
USEPA. 2016b. Chemical Contaminant Summaries for the Third Six-Year
Review of Existing National Primary Drinking Water Regulations. EPA-
810-R-16-004.
USEPA. 2016c. Consideration of Other Regulatory Revisions in Support
of the Third Six-Year Review of the National Primary Drinking Water
Regulations: Chemical Phase Rules and Radionuclides Rules. EPA-810-
R-16-003.
USEPA. 2016d. Development of Estimated Quantitation Levels for the
Third Six-Year Review of National Primary Drinking Water Regulations
(Chemical Phase Rules). EPA-810-R-16-002.
USEPA. 2016e. Occurrence Analysis for Potential Source Waters for
the Third Six-Year Review of National Primary Drinking Water
Regulations. EPA-810-R-16-008.
USEPA. 2016f. EPA Protocol for the Third Review of Existing National
Primary Drinking Water Regulations. EPA-810-R-16-007.
USEPA. 2016g. Spring 2016 Regulatory Agenda, Semiannual regulatory
flexibility agenda and semiannual regulatory agenda. 81 FR 37374.
June 9, 2016.
USEPA. 2016h. Six-Year Review 3--Health Effects Assessment for
Existing Chemical and Radionuclides National Primary Drinking Water
Regulations--Summary Report. EPA-822-R-16-008.
USEPA. 2016i. Six-Year Review 3 ICR Database.
USEPA, 2016j. Occurrence Data for the Unregulated Contaminant
Monitoring Rule. July 2016.
[[Page 3552]]
USEPA. 2016k. Six-Year Review 3 Technical Support Document for
Chlorate. EPA-810-R-16-013.
USEPA. 2016l. Six-Year Review 3 Technical Support Document for
Disinfectants/Disinfection Byproducts Rules. EPA-810-R-16-012.
USEPA. 2016m. Six-Year Review 3 Technical Support Document for Long-
Term 2 Enhanced Surface Water Treatment Rule. EPA-810-R-16-011.
USEPA. 2016n. Six-Year Review 3 Technical Support Document for
Microbial Contaminant Regulations. EPA-810-R-16-010.
USEPA. 2016o. Six-Year Review 3 Technical Support Document for
Nitrosamines. EPA-810-R-16-009.
USEPA. 2016p. The Analysis of Regulated Contaminant Occurrence Data
from Public Water Systems in Support of the Third Six-Year Review of
National Primary Drinking Water Regulations: Chemical Phase Rules
and Radionuclides Rules. EPA-810-R-16-014.
USEPA. 2016q. The Data Management and Quality Assurance/Quality
Control (QA/QC) Process for the Third Six-Year Review Information
Collection Rule Dataset. EPA-810-R-16-015.
USEPA. 2016r. Technologies for Legionella Control in Premise
Plumbing Systems: Scientific Literature Review. EPA-810-R-16-001.
September 2016.
USEPA. 2016s. Support Document for Third Six Year Review of Drinking
Water Regulations for Acrylamide and Epichlorohydrin. EPA 810-R-16-
019.
USEPA and Water Research Foundation. 2016. Summary Document: State
of Research on High-Priority Distribution System Issues.
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Manufacturers, Distributors, or Importers of Bottled Water with an
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G.C., Kirk, W.S., and Newton, E.G., 1984, Engineering Aspects of
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92: 93-99.
Dated: December 20, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-31262 Filed 1-10-17; 8:45 am]
BILLING CODE 6560-50-P