141.35 and 141.40 (a)(1)(i)(A) EPA Draft

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# Proposed Revisions to CFR Par t s 141.35 and 141.40
This document was prepared by EPA staff to aid the public's understanding of today's proposed revisions to the Unregulated Contaminant Monitoring Rule (UCMR 4)

. This

document and all supporting documents for the UCMR 4 proposed rule can be found at: http://www.regulations.gov/

docket ID EPA

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- 0218. Note however, that the off icial proposed rule subject to public comment is the one that appears in the Federal Register (see https://www.federalregister.gov/ ). To the extent there are unintended differences between this document and the

language in the Federal Register, the proposed Federal Register language is correct. These proposed revisions are revising the current UCMR 3 language. The official UCMR 3

language can be found on the electronic Code of Federal Regulations at: www.ecfr.gov Title 40 Part 141.

Blue Underlined Text = Language Added Red Strikethrough Text = Language Removed

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- 006 November 2015141.35 and 141.40 (a)(1)(i)(A) EPA Draft

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Page 1 of 26 

## Unregulated Contaminant Monitoring Rule
Title 40: Protection of Environment Parts 141.35 and 141.40 Revised as of July 1, 2012

§ 141.35 Reporting for unregulated contaminant monitoring results. (a) General applicability . This section applies to any owner or operator of a public water system (PWS) required to monitor for unregulated contaminants under § 141.40(a); such owner or operator is referred to as “you.” This section specifies the information that must be reported to EPA prior to the commencement of monitoring and describes the process for reporting monitoring results to EPA. F or the purposes of this section, PWS “ population served ” is the retail population served directly by the PWS as reported to the Federal Safe Drinking Water Information System (SDWIS/Fed); wholesale or consecutive populations are not included. For purposes of this section, the term “ finished ” means water that is introduced into the distribution system of a PWS and is intended for distribution and consumption without further treatment, except the treatment necessary to maintain water quality in the distributi on system (e.g., booster disinfection, addition of corrosion control chemicals). For purposes of this section, the term “ State ” refers to the State or Tribal government entity that has jurisdiction over your PWS even if that government does not have primar y enforcement responsibility for PWSs under the Safe Drinking Water Act. For purposes of this section, the term “ PWS Official ” refers to the person at your PWS who is able to function as the official spokesperson for the system ’ s Unregulated Contaminant Monitoring Regulation ( UCMR) activities; and the term “ PWS Technical Contact ” refers to the person at your PWS who is responsible for the technical aspects of your UCMR activities, such as details concerning sampling and reporting.
(b) Reporting by all sy stems. You must meet the reporting requirements of this paragraph if you meet the applicability criteria in § 141.40(a)(1) and (2).
(1) Where to submit UCMR reporting requirement information. Some of your reporting requirements are to be fulfilled electro nically and others by mail. Information that must be submitted using EPA ’ s electronic data reporting system mus t be submitted through: http://www2.epa.gov/dwucmr http://water.epa.gov/lawsregs/rulesreg s/sdwa/ucmr/ ucmr3 /reporting.cf

m . Documentation that is required to be mailed can be submitted either: To UCMR Sampling Coordinator, USEPA, Technical Support Center, 26 West Martin Luther King Drive (MS 140), Cincinnati, OH 45268; or by email at UCMR

_ Sampling

_ Coordinator@epa.gov . In addition, you must notify the public of the availability of unregulated contaminant monitoring data as provided in subpart Q (Public Notification) of this part (40 CFR 141.207). Community Water Systems that detect unregulated contaminants under this monitoring must also address such detections as part of their Consumer Confidence Reports, as provided in subpart O of this part (40 CFR 141.151).
(2) Contacting EPA if your system does not meet applicability criteria or has a status change. If you have received a letter from EPA or your S tate concerning your required monitoring and your system does not meet the applicability criteria for UCMR established in § 141.40(a)(1 ) or (2), or if a change141.35 and 141.40 (a)(1)(i)(A) EPA Draft

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Page 2 of 26 occurs at your system that may affect your requirements under UCMR as defined in § 141.40(a)(3) through (5), you must mail or email a letter to EPA, as specified in paragraph (b)(1) of this section. The letter must be from your PWS Official and must include your PW S Identification (PWSID) Code along with an explanation as to why the UCMR requirements are not applicable to your PWS, or have changed for your PWS, along with the appropriate contact information. EPA will make an applica bility determination based on your letter and in consultation with the State when necessary. You are subject to UCMR requirements unless and until you receive a letter from EPA agreeing that you do not meet the applicability criteria.
(c) Reporting by lar ge systems. If you serve a population of more than 10,000 people, and meet the applicability criteria in § 141.40(a)(2)(i), you must meet the reporting requirements in paragraphs (c)(1) through (8) of this section.
(1) Contact and zip code information. Yo u must provide contact information by October 1, 2012 December 31, 2017 , and provide updates within 30 days if this information changes. The contact information must be submitted using EPA ’ s electronic data reporting system, as specified in paragraph (b)(1) of this section, and include the name, affiliation, mailing address, phone number, and email address for your PWS Technical Contact and your PWS Official. In addition, as a one

- time reporting requirement, you must report the U.S. Postal Service Zip Code(s ) for all areas being served water by your PWS.
(2) Sampling location and inventory information. You must provide your sampling location ( s ) and associate each source water location with its entry point location(s) i nventory information by October 1, 2012 D ecember 31, 2017 , using EPA’s electronic data reporting system. You must submit, verify or update the following information for each sampling location, or for each approved representative sampling location (as specified in paragraph (c)(3) of this section regarding repres entative sampling locations): PWS identification ( PWSID ) C ode; PWS N ame; PWS F acility I dentification C ode; PWS F acility N n ame; PWS Facility Type; Water Source Type ; Sampling Point Identification Code; Sampling Point Name ; a nd Sampling Point Type Code; (as defined in Table 1 of paragraph (e) of this section). If this information changes, you must report updates, including new sources and sampling locations that are put in use before or during the PWS ’ UCMR sampling period, to EPA ’ s electronic data reporting system within 30 days of the change.
(3) Proposed ground water representative sampling locations. Some systems that use ground water as a source and have multiple entry points to the distribution system (EPTDSs) may propose monitoring at representative entry point(s), rather than monitor at every EPTDS, as follows:
(i) Qualifications . Large PWSs that have EPA

- or State

- approved alternate EPTDS sampling locations from a previous UCMR cycle, or as provided for under § 141.23(a)(1), § 141.24(f)(1), or § 141.24(h)(1), may submit a copy of documentation from their State or EPA that approves their alternativ e sampling plan for EPTDSs. PWSs that do not have an approved alternative EPTDS sampling plan may submit a proposal to sample at representative EPTDS(s) rather than at each individual EPTDS if:
t T hey use ground water as a source; all of their well sources have either the same treatment or no141.35 and 141.40 (a)(1)(i)(A) EPA Draft

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Page 3 of 26 treatment; and they have multiple EPTDSs from the same source, such as an aquifer. You must submit a copy of the existing alternate EPTDS sampling plan or your representative well proposal, as appropriate, [ by August 1, 2012 120 DAYS AFTER PUBLICATION OF THE FINAL RULE ] , as specified in paragraph (b)(1) of this section.
(ii) Demonstration . If you are submitting a proposal to sample at representative EPTDS(s) rather than at each individual EPTDS, you must demonstrate that any EPTDS that you select as representative of the ground water you supply from multiple wells is associated with a well that draws from the same aquifer as the wells it will represent. The proposed well must be representative of the highest annual volume producing and most consistently active wells in the representative array. If that representative well is not in use at the scheduled sampling time, you must select and sample an alternative representative well. You must submit the following information fo r each proposed representative sampling location: PWSID Code ; PWS Name ; PWS Facility Identification Code ; PWS Facility Name ; PWS Facility Type; and Sampling Point Identification Code and Sampling Point Name (as defined in Table 1, paragraph (e) of this section). You must also include documentation to support your proposal that the specified wells are representative of other wells. This documentation can include system

- maintained well logs or construction dra wings indicating that the representative well(s) is/are at a representative depth, and details of well casings and grouting; data demonstrating relative homogeneity of water quality constituents (e.g., pH, dissolved oxygen, conductivity, iron, manganese) i n samples drawn from each well; and data showing that your wells are located in a limited geographic area (e.g., all wells within a 0.5 mile radius) and/ or, if available, the hydrogeologic data indicating the time of travel separating the representative we ll from each of the individual wells it represents (e.g., all wells within a five

- year time of travel delineation). Your proposal must be sent in writing to EPA, as specified in paragraph (b)(1) of this section. You must also provide a copy of this informa tion to the State, unless otherwise directed by the State. Information about the actual or potential occurrence or non

occurrence of contaminants in an individual well, or a well ’ s vulnerability to contamination, must not be used as a basis for selecting a representative well.
(iii) Approval . EPA or the State (as specified in the Partnership Agreement reached between the State and EPA) will review your proposal, coordinate any necessary changes with you, and approve the final list of EPTDSs where you will be required to monitor. Your plan will not be final until you receive written approval from EPA or the State.
(4) Contacting EPA if your PWS has not been notified of requirements . If you believe you are subject to UCMR requirements, as defined in § 141.40 (a)(1) and (2)(i), and you have not been notified by either EPA or your State [ by WITHIN October 1, 2012 120 DAYS FROM PUBLICATION OF THE FINAL R ULE ] , you m ust send a letter to EPA, as specified in paragraph (b)(1) of this section. The letter must be from your PWS Official and must include an explanation as to why the UCMR requirements are applicable to your system along with the appropriate contact informati on. A copy of the letter must also be submitted to the State, as directed by the State. EPA will make an applicability determination based on your letter, and in consultation with the State when necessary, and will notify you regarding your applicability s tatus and required sampling schedule. However, if your PWS meets the applicability141.35 and 141.40 (a)(1)(i)(A) EPA Draft

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Page 4 of 26 criteria specified in § 141.40(a)(2)(i), you are subject to the UCMR monitoring and reporting requirements, regardless of whether you have been notified by the State or EPA.
(5) Notifying EPA if your PWS cannot sample according to schedule

— (i) General rescheduling notification requirements. Large systems may change their Assessment M m onitoring (List 1) or Pre

Screening Testing Survey (List 3 2) schedules up to October 1, 2012 De cember 31, 2017 , using EPA ’ s electronic data reporting system, as specified in paragraph (b)(1) of this section. After these this date s ha s ve passed, if your PWS cannot sample according to your assigned sampling schedule (e.g., because of budget constraints , or if a sampling location will be closed during the scheduled month of monitoring), you must mail or email a letter to EPA, as specified in paragraph (b)(1) of this section, prior to the scheduled sampling date. You must include an explanation of why the samples cannot be taken according to the assigned schedule, and you must provide the alternative schedule you are requesting. You must not reschedule monitoring specifically to avoid sample collection during a suspected vulnerable period. You are subject to your assigned UCMR sampling schedule or the schedule that you revised on or before October 1, 2012 December 31, 2017 , unless and until you receive a letter from EPA specifying a new schedule.
(ii) Exceptions to the rescheduling notificat ion requirements. For ground water sampling, if the second round of sampling will be completed five to seven months after the first sampling event, as specified in Table 2 of § 141.40(a)(4)(i)(B), no notification to EPA is required. If any ground water

sam pling location will be non

- operational for more than one month before and one month after the month in which the second sampling event is scheduled ( i.e. , it is not possible for you to sample within the five to seven month window), you must notify EPA, as specified in paragraph (b)(1) of this section, explaining why the schedule cannot be met. You must comply with any modified schedule provided by EPA. (6) Reporting monitoring results. For each UCMR sample s , you must report all data elements specified in T able 1 of paragraph (e) of this section, using EPA ’ s electronic data reporting system. You also must report any changes, relative to what is currently posted, made to data elements 1 through 6 9 to EPA, in writing, explaining the nature and purpose of the proposed change, as specified in paragraph (b)(1) of this section.
(i) Electronic reporting system. You are responsible for ensuring that the laboratory conducting the analysis of your unregulated contaminant monitoring samples (your laboratory) posts the analytical results to EPA ’ s electronic reporting system. You are also responsible for reviewing, approving, and submitting those results to EPA.
(ii) Reporting schedule. You must ensure that your laboratory posts the data to EPA ’ s electronic data reporti ng system within 120 days from the sample collection date (sample collection must occur as specified in § 141.40(a)(4)). You have 60 days from when the laboratory posts the data in EPA ’ s electronic data reporting system to review, approve, and submit the data to the State and EPA, at the Web address specified in paragraph (b)(1) of this section. If you do not electronically approve and submit the laboratory data to EPA within 60 days of the laboratory ’ s posting data to EPA ’ s electronic reporting system, th e data will be considered approved by you and available for State and EPA review.141.35 and 141.40 (a)(1)(i)(A) EPA Draft

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Page 5 of 26 (7) Only one set of results accepted. If you report more than one set of valid results for the same sampling location and the same sampling event (for example, because you h ave had more than one laboratory analyze replicate samples collected under § 141.40(a)(5), or because you have collected multiple samples during a single monitoring event at the same sampling location), EPA will use the highest of the reported values as th e official result.
(8) No reporting of previously collected data. You cannot report previously collected data to meet the testing and reporting requirements for the contaminants listed in § 141.40(a)(3). All analyses must be performed by laboratories appr oved by EPA to perform UCMR analyses using the analytical methods specified in Table 1 of § 141.40(a)(3) and using samples collected according to § 141.40(a)(4). Such requirements preclude the possibility of “ grandfathering ” previously collected data.
(d) Reporting by small systems. If you serve a population of 10,000 or fewer people, and you are notified that you have been selected for UCMR monitoring, your reporting requirements will be specified within the materials that EPA sends you, including a reque st for contact information, and a request for information associated with the sampling kit.
(1) Contact and zip code information. EPA will send you a notice requesting contact information for key individuals at your system, including name, affiliation, ma iling address, phone number and email address. These individuals include your PWS Technical Contact and your PWS Official. You are required to provide this contact information within 90 days of receiving the notice from EPA as specified in paragraph (b)(1) of this section. If this contact information changes, you also must provide updates within 30 days of the change, as specified in paragraph (b)(1) of this section. In addition, as a one

- time reporting requirement, you must report the U.S. Postal Service Z ip Code(s) for all areas being served water by your PWS.
(2) Reporting sampling information. You must provide your sampling location (s) and associate each source water location with its entry point location(s) by December 31, 2017 , using EPA’s electronic data reporting system , as specified in paragraph (b)(1) of this section . If this information changes, you must report updates, including new sources and sampling locations that are put in use before or during the PWS’ UCMR sampling period , to EPA’s electronic data reporting system within 30 days of the change , , as specified in paragraph (b)(1) of this section

. You must record all data elements listed in Table 1 of paragraph (e) of this section on each sample form and sample bottle , as app ropriate , provided to you by the UCMR Sampling Coordinator. You must send this information as specified in the instructions of your sampling kit, which will include the due date and return address. You must report any changes made in data elements 1 throug h 6 9 by mailing or emailing an explanation of the nature and purpose of the proposed change to EPA, as specified in paragraph (b)(1) of this section.
(e) Data elements. Table 1 defines the data elements that must be provided for UCMR monitoring. with UCMR sample results.141.35 and 141.40 (a)(1)(i)(A) EPA Draft

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Page 6 of 26 T ABLE 1

— U NREGULATED C ONTAMINANT M ONITORING R EPORTING R EQUIREMENTS

Data element Definition 1. Public Water System Identification (PWSID) Code The code used to identify each PWS. The code begins with the standard 2

- character postal State abbreviation or Region code; the remaining 7 numbers are unique to each PWS in the State. The same identification code must be used to represent the PWS identification for all current and future UCMR monitoring. 2. Public Water System Name Unique name, assigned once by the PWS. 3. Public Water System Facility Identification Code An identification code established by the State or, at the State’s discretion, by the PWS, following the format of a 5

- digit number unique within each PWS for each applicable facility (i.e., for each source of water, treatment plant, distribution system, or any other facility associated with water treatment or delivery). The same identification code must be used to represent the facility for all current and future UC MR monitoring. 4. Public Water System Facility Name Unique name, assigned once by the PWS, for every facility ID (e.g., Treatment Plant). 5. Public Water System Facility Type That code that identifies that type of facility as either: CC = consecutive connection DS = distribution system IN = source water intake SS = sampling station TP = treatment plant OT = other
6. Water Source Type The type of source water that supplies a water system facility. Systems must report one of the following codes for each sampling location: SW = surface water (to be reported for water facilities that are served all or in part by a surface water source at any time during the twelve

- month period). GW = ground water (to be reported for water facilities that are served entirely by a ground water s ource). GU = ground water under the direct influence of surface water (to be reported for water facilities that are served all or in part by ground water under the direct influence of surface water at any time during the twelve

- month sampling period), and are not served at all by surface water during this period. 7. Sampling Point Identification Code An identification code established by the State, or at the State’s discretion, by the PWS, that uniquely identifies each sampling point. Each sampling code m ust be unique within each applicable facility, for each applicable sampling location ( i.e. , entry point to the distribution system, source water intake or distribution system sample at maximum residence time). The same identification code must be used to r epresent the sampling location for all current and future UCMR monitoring. 8. Sampling Point Name Unique sample point name, assigned once by the PWS, for every sample point ID (e.g., Entry Point). 9. Sampling Point Type Code A code that identifies the location of the sampling point as either: SR = source water taken from plant intake; untreated water entering the water treatment plant (i.e., a location prior to any treatment). EP = entry point to the distribution system. MR = distribution system sample at maximum residence time. 10. Disinfectant Type All of the primary disinfectants/oxidants that have been added in the treatment plant to the water being sampled. To be reported by systems for each sampling point. PEMB = Perm anganate (applied before SR sample location) PEMA = Permanganate (applied after SR sample location) HPXB = Hydrogen peroxide (applied before SR sample location) HPXA = Hydrogen peroxide (applied after SR sample location) CLGA = Gaseous chlorine CLOF = Offsite Generated Hypochlorite (stored as a liquid form)141.35 and 141.40 (a)(1)(i)(A) EPA Draft

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Page 7 of 26 Data element Definition

CLON = Onsite Generated Hypochlorite CAGC = Chloramine (formed from gaseous chlorine) CAOF = Chloramine (formed from offsite hypochlorite) CAON = Chloramine (formed from onsite hypochlorite) CLDB = Chlorine dioxide (applied before SR sample location) CLDA = Chlorine dioxide (applied after SR sample location) OZON = Ozone ULVL = Ultraviolet light OTHD = All other types of disinfectant/oxidant NODU = No disinfectant/oxidant used

11. Treatment Information Treatment information associated with the water being sampled. CON = Conventional (non

- softening) SCO = Softening conventional RBF = River bank filtration PSD = Pre

- sedimentation INF = In

- line filtration DFL = Direct filtration PCF = Precoat filtration SSF = Slow sand filtration BIO = Biological filtration REC = Reactor clarification (e.g. solids contact clarification, slurry recirculation clarification, Aciflo®) SBC = Sludge blanket clarification (e.g. Pulsator®, Super Pulsator®, contact ad sorption clarifiers, floc

- blanket clarifiers) ADC = Adsorption clarification (contact adsorption clarification) UTR = Unfiltered treatment PAC = Application of powder activated carbon GAC = Granular activated carbon (not part of filters in CON, SCO, I NF , DFL , or SSF) AIR = Air stripping (packed towers, diffused gas contactors) POB = Pre

- oxidation/disinfection with chlorine (applied before SR sample location) POA = Pre

- oxidation/disinfection with chlorine (applied after SR sample location) MFL = Membrane filtration IEX = Ionic exchange UVT = Ultraviolet light AOX = Advanced oxidation (ultraviolet light with hydrogen peroxide and/or ozone) DAF = Dissolved air flo a tation CWL = Clear well/finished water storage without aeration CWA = Clear well/finished water storage with aeration ADS = Aeration in distribution system (localized treatment) OTH = All other types of treatment NTU = No treatment used 12. Disinfectant Residual Type Secondary disinfectant type added in the distribution system for each finished water sample. CL2 = Chlorine (i.e., originating from addition of free chlorine only) CLM = Chloramines (originating from with addition of chlorine and ammonia or pre

- formed chloramines) CAC = Chlorine and chloramines (if being mix ed from chlorinated and chloraminated water) NOD = No disinfectant residual 13. Sample Collection Date The date the sample is collected, reported as 4

- digit year, 2

- digit month, and 2

- digit day (YYYY/MM/DD). 14. Sample Identification Code An alphanumeric value up to 30 characters assigned by the laboratory to uniquely identify containers, or groups of containers, containing water samples collected at the same sampling location for the same sampling date.141.35 and 141.40 (a)(1)(i)(A) EPA Draft

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Page 8 of 26 Data element Definition

15. Contaminant The unregulated contaminant for wh ich the sample is being analyzed. 16. Analytical Method Code The identification code of the analytical method used.

17. Extraction Batch Identification Code Laboratory assigned extraction batch ID. Must be unique for each extraction batch within the laboratory for each method. For CCC samples report the Analysis Batch Identification Code as the value for this field. For methods without an extraction batch, leave this field null.

18. Extraction Date Date for the start of the extraction batch (YYYY/MM/ DD). For methods without an extraction batch, leave this field null. 19. Analysis Batch Identification Code Laboratory assigned analysis batch ID. Must be unique for each analysis batch within the laboratory for each method. 20. Analysis Date Date for th e start of the analysis batch (YYYY/MM/DD).

21. Sample Analysis Type The type of sample collected and/or prepared, as well as the fortification level. Permitted values include: CF = concentration fortified; the concentration of a known contaminant added to a field sample reported with sample analysis types LFSM, LFSMD, LFB, CCC and QCS. CCC = continuing calibration check; a calibration standard containing the contaminant, the inter nal standard, and surrogate analyzed to verify the existing calibration for those contaminants. FS = field sample; sample collected and submitted for analysis under this rule. IS = internal standard; a standard that measures the relative response of cont aminants. LFB = lab fortified blank; an aliquot of reagent water fortified with known quantities of the contaminants and all preservation compounds

. LRB = lab reagent blank; an aliquot of reagent water treated exactly as a field sample, including the addition of preservatives, internal standards, and surrogates to determine if interferences are present in the laboratory, reagents, or other equipment. LFSM = laboratory fortified sample matrix; a UCMR field sample with a known amount of the contaminant of interest and all preservation compounds added. LFSMD = laboratory fortified sample matrix duplicate; duplicate of the laboratory fortified sample matrix. Q CS = quality control sample; a sample prepared with a source external to the one used for initial calibration and CCC. The QCS is used to check calibration standard integrity. QH = quality HAA; HAA sample collected and submitted for quality control purpose s. SUR = surrogate standard; a standard that assesses method performance for each extraction. 22. Analytical Results

— Sign A value indicating whether the sample analysis result was: (<) “less than” means the contaminant was not detected, or was detected at a level below the Minimum Reporting Level. (=) “equal to” means the contaminant was detected at the level reported in “Analytical Result

— Measured Value.” 23. Analytical Result

— Measured Va lue The actual numeric value of the analytical results for: field samples; laboratory fortified matrix samples; laboratory fortified sample matrix duplicates; and concentration fortified.
24. Additional Value Represents the true value or the fortified concentration for spiked samples for QC Sample Analysis Types (CCC, EQC, LFB, LFSM and LFSMD). For Sample Analysis Type FS and LRB and for IS and surrogate QC Contaminants, leave this field null. 25. Laboratory Identification Code The code, assigned by EPA, used to identify each laboratory. The code begins with the141.35 and 141.40 (a)(1)(i)(A) EPA Draft

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Page 9 of 26 Data element Definition

standard two

- character State postal abbreviation; the remaining five numbers are unique to each laboratory in the State. 26. Sample Event Code A code assigned by the PWS for each sample event. This will associate samples with the PWS monitoring plan to allow EPA to track compliance and completeness. Systems must assign the following codes: SEC1, SEC2, SEC3, SEC4, SEC5, SEC6, SEC7 and SEC8

- represent samples collected to meet UCMR Assessment Monitoring requirements for cyanotoxins; where “SEC1” represents the first sampling period, “SEC2” the second period and so forth, for all eight sampling events. SEA1, SEA2, SEA3 and SEA4

- represent samples colle cted to meet UCMR Assessment Monitoring requirements for the additional chemicals; where “SEA1” and “SEA2” represent the first and second sampling period for all water types; and “SEA3” and “SEA4” represent the third and fourth sampling period for SW and G U sources only.

[72 FR 389, Jan. 4, 2007, as amended at 77 FR 26096, May 2, 2012] 

## Subpart E

— Special Regulations, Including Monitoring Regulations and Prohibition on Lead Use

§ 141.40 Monitoring requirements for unregulated contaminants. (a) General applicability. This section spe cifies the monitoring and quality control requirements that must be followed if you own or operate a public water system (PWS) that is subject to the Unregulated Contaminant Monitoring Regulation ( UCMR), as specified in paragraphs (a)(1) and (2) of this se ction. In addition, this section specifies the UCMR requirements for State and Tribal participation. For the purposes of this section, PWS “ population served, ” “ State, ” “ PWS Official, ” “ PWS Technical Contact, ” and “ finished water ” apply as defined in § 141.35(a). The determination of whether a PWS is required to monitor under this rule is based on the type of system ( e.g. , community water system, non

transient non

- community water system, etc.), and its retail population, as indicated by SDWIS/Fed on
Dec ember 31, 201 5 0

. (1) Applicability to transient non

- community systems. If you own or operate a transient non

community water system, you are not subject to monitoring requirements in this section

. and you are notified by your State or EPA, you must permit the State, EPA or their contractors to collect samples for the contaminants specified on List 3 of Table 1, in paragraph (a)(3) of this section.
(2) Applicability to community water systems an d non

- transient non

- community water systems

— (i) Large systems . If you own or operate a retail PWS (other than a transient non

- community system) that serves more than 10,000 people, you must monitor according to the specifications in this paragraph (a)(2)(i). If you believe that your applicability status is different than EPA has specified in the notification letter that you received, or if you are subject to UCMR requirements and you have not been notified by either EPA or your State, you must report to EPA, as specified in § 141.35(b)(2) or (c)(4).141.35 and 141.40 (a)(1)( i)(A) EPA Draft

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Page 10 of 26 (A) Assessment M onitoring. You must monitor for the unregulated contaminants on List 1 and Total Chromium per Table 1, UCMR Contaminant List, in paragraph (a)(3) of this section. If you serve a retail population population of more than 10,000 people, you are required to p erform this monitoring regardless of whether you have been notified by the State or EPA.
(B) Screening Survey. You must monitor for the unregulated contaminants on List 2 (Screening Survey) of Table 1, as specified in paragraph (a)(3) of this section, if your system serves 10,001 to 100,000 people and you are notified by EPA or your State that you are part of the State Monitoring Plan for Screening Survey testing. If your system serves more than 100,000 people, you are required to conduct this Screening Su rvey testing regardless of whether you have been notified by the State or EPA.
(C) Pre

- Screen Testing. You must monitor for the unregulated contaminants on List 3 of Table 1, in paragraph (a)( 3) of this section, if notified by your State or EPA that you are part of the Pre

- Screen Testing.
(ii) Small systems. Small PWSs, as defined in this paragraph, will not be selected to monitor for any more than one of the three monitoring lists provided in Table 1, UCMR Contaminant List, in paragraph (a)(3) of this section. EPA will provide sample containers, provide pre

- paid air bills for shipping the sampling materials, conduct the laboratory analysis, and report and review monitoring results for all smal l systems selected to conduct monitoring under paragraphs (a)(2)(ii)(A) through (C) of this section. If you own or operate a PWS that serves 10,000 or fewer people you must monitor as follows:
(A) Assessment Monitoring. You must monitor for the unregulated contaminants on List 1 : Assessment Monitoring Cyanotoxin Chemical Contaminants , or List 1 : Assessment Monitoring Additional Chemical Contaminants and Total Chromium per Table 1, in paragraph (a)(3) of this section, if you are notified by your S tate or EPA that you are part of the State Monitoring Plan for Assessment Monitoring.
(B) Screening Survey. You must monitor for the unregulated contaminants on List 2 of Table 1, in paragraph (a)(3) of this section, if notified by your State or EPA that you are part of the State Monitoring Plan for the Screening Survey.
(C) Pre

- Screen Testing. You must allow EPA or its representative to collect samples to support monitor ing for the unregulated contaminants on List 3 of Table 1, in paragraph (a)(3) of thi s section, if you are notified by your State or EPA that you are part of the State Monitoring plan Plan for Pre

- Screen Testing. In addition, you must permit the collection of samples as necessary for EPA to perform analysis for total coliforms, E. coli , bacteriophage, Enterococci and aerobic spores.
(3) Analytes to be monitored . Lists 1, 2, and 3 of unregulated contaminants and total chromium monitoring are provided in the following table:141.35 and 141.40 (a)(1)( i)(A) EPA Draft

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Page 11 of 26 T ABLE 1

— UCMR C ONTAMINANT L IST

1

- Contaminant 2

- CAS Registry N um ber 3

- Analytical Methods a 4

- Minimum R eporting

L evel b 5

- Sampling Location c 6

- Period D uring W hich M onitoring to be C ompleted List 1: Assessment Monitoring Cyanotoxin Chemical Contaminants total microcystin N/A ELISA 0.3 μ g/L EPTDS and SR 3/1/2018

– 11/30/2020
anatoxin

- a 64285

- 06

- 9 EPA 545 0.03 μ g/L EPTDS 3/1/2018

– 11/30/2020

c ylindrospermopsin 143545

- 90

- 8 EPA 545 0.09 μ g/L EPTDS 3/1/2018

– 11/30/2020 microcystin

- LA 96180

- 79

- 9 EPA 544 0.008 μ g/L EPTDS 3/1/2018

– 11/30/2020 microcystin

- LF 154037

- 70

- 4 EPA 544 0.006 μ g/L EPTDS 3/1/2018

– 11/30/2020 microcystin

- LR 101043

- 37

- 2 EPA 544 0.02 μ g/L EPTDS 3/1/2018

– 11/30/2020 microcystin

- LY 123304

- 10

- 9 EPA 544 0.009 μ g/L EPTDS 3/1/2018

– 11/30/2020 microcystin

- RR 111755

- 37

- 4 EPA 544 0.006 μ g/L EPTDS 3/1/2018

– 11/30/2020 microcystin

- YR 101064

- 48

- 6 EPA 544 0.02 μ g/L EPTDS 3/1/2018

– 11/30/2020
nodularin 118399

- 22

- 7 EPA 544 0.005 μ g/L EPTDS 3/1/2018

– 11/30/2020 List 1: Assessment Monitoring Additional Chemical Contaminants
Metals germanium 7440

- 56

- 4 EPA 200.8 , ASTM D5673

- 10, SM 3125 0.3 μ g/L EPTDS 3/1/2018

– 11/30/2020

manganese 7439

- 96

- 5 EPA 200.8 , ASTM D5673

- 10, SM 3125 0.4 μ g/L EPTDS 3/1/2018

– 11/30/2020

Pesticides and a Pesticide Manufacturing Byproduct alpha

- hexachlorocyclohexane 319

- 84

- 6 EPA 525.3 0.01 μ g/L EPTDS 3/1/2018

– 11/30/2020 chlorpyrifos 2921

- 88

- 2 EPA 525.3 0.03 μ g/L EPTDS 3/1/2018

– 11/30/2020 dimethipin 55290

- 64

- 7 EPA 525.3 0.2 μ g/L EPTDS 3/1/2018

– 11/30/2020 ethoprop 13194

- 48

- 4 EPA 525.3 0.03 μ g/L EPTDS 3/1/2018

– 11/30/2020141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 12 of 26

1

- Contaminant 2

- CAS Registry N um ber 3

- Analytical Methods a 4

- Minimum R eporting

L evel b 5

- Sampling Location c 6

- Period D uring W hich M onitoring to be C ompleted oxyfluorfen 42874

- 03

- 3 EPA 525.3 0.05 μ g/L EPTDS 3/1/2018

– 11/30/2020 profenofos 41198

- 08

- 7 EPA 525.3 0.3 μ g/L EPTDS 3/1/2018

– 11/30/2020
tebuconazole 107534

- 96

- 3 EPA 525.3 0.2 μ g/L EPTDS 3/1/2018

– 11/30/2020 total permethrin (cis

- & trans

- ) 52645

- 53

- 1 EPA 525.3 0.04 μ g/L EPTDS 3/1/2018

– 11/30/2020
tribufos 78

- 48

- 8 EPA 525.3 0.07 μ g/L EPTDS 3/1/2018

– 11/30/2020 Brominated Haloacetic Acid (HAA) Groups d

HAA5 N/A EPA 552.3 or EPA 557 N/A Stage 2 DBPR and/or DSMRT 3/1/2018

– 11/30/2020

HAA6Br N/A EPA 552.3 or EPA 557 N/A Stage 2 DBPR and/or DSMRT 3/1/2018

– 11/30/2020

HAA9 N/A EPA 552.3 or EPA 557 N/A Stage 2 DBPR and/or DSMRT 3/1/2018

– 11/30/2020

Alcohols

1

- butanol 71

- 36

- 3 EPA 541 2.0 μ g/L EPTDS 3/1/2018

– 11/30/2020

2

- methoxyethanol 109

- 86

- 4 EPA 541 0.4 μ g/L EPTDS 3/1/2018

– 11/30/2020

2

- propen

- 1

- ol 107

- 18

- 6 EPA 541 0.5 μ g/L EPTDS 3/1/2018

– 11/30/2020
Other Semivolatile Chemicals butylated hydroxanisole 25013

- 16

- 5 EPA 530 0.03 μ g/L EPTDS 3/1/2018

– 11/30/2020

o

- toluidine 95

- 53

- 4 EPA 530 0.007 μ g/L EPTDS 3/1/2018

– 11/30/2020 quinoline 91

- 22

- 5 EPA 530 0.02 μ g/L EPTDS 3/1/2018

– 11/30/2020 List 2: Screening Survey
Reserved Reserved Reserved Reserved Reserved Reserved
List 3: Pre

- Screen Testing
Reserved Reserved Reserved Reserved Reserved Reserved Column headings are:141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 13 of 26 1

— Contaminant: The name of the contaminant to be analyzed. 2

— CAS (Chemical Abstract Service) Registry Number or Identification Number: A unique number identifying the chemical contaminants.

3

— Analytical Methods: Method numbers identifying the methods that must be used to test the contaminants. 4

— Minimum Reportin g Level (MRL): The value and unit of measure at or above which the concentration of the contaminant must be measured using the approved analytical methods. If EPA determines, after the first six months of monitoring that the specified MRLs result in excess ive resampling, EPA will establish alternate MRLs and will notify affected PWSs and laboratories of the new MRLs. N/A is defined as non

- applicable.

5

— Sampling Location: The locations within a PWS at which samples must be collected. 6

— Period During Which Monitoring to be Completed: The time period during which the sampling and testing will occur for the indicated contaminant.

a The analytical procedures shall be performed in accordance with the documents associated with each method, see paragraph ( c) of this section.

b The MRL is the minimum concentration of each analyte that must be reported to EPA.

c Sampling must occur at entry points to the distribution system (EPTDSs) after treatment is applied that represent each

non

- emergency water source i n routine use over the 12

- month period of monitoring. Systems that purchase water with multiple connections from the same wholesaler may select one representative connection from that wholesaler. This EPTDS sampling location must be representative of the h ighest annual volume connections. If the connection selected as the representative EPTDS is not available for sampling, an alternate highest volume representative connection must be sampled. See 40 CFR 141.35(c)(3) for an explanation of the requirements re lated to the use of representative ground water EPTDSs. Sampling for brominated HAA groups must be conducted at the Stage 2 Disinfectants and Disinfection Byproduct Rule (DBPR) sampling locations (40 CFR 141.622). If these locations are not defined, the PW S is required to collect samples at locations that best represent the distribution system maximum residence time (DSMRT). DSMRT is defined as an active point ( i.e., a location that currently provides water to customers) in the distribution system where the water has been in the system the longest relative to the EPTDS. Sampling must occur at source water (SR) intake locations defined by EPA under the UCMR as untreated water entering the water treatment plant (i.e., a location prior to any treatment). System s subject to the Long Term 2 Enhanced Surface Water Treatment Rule (LT2) would use their source water sampling site(s) from 40 CFR 141.703. Systems subject to the Stage 1 DBPR would use their TOC source water sampling site(s) from 40 CFR 141.132

. TOC source water sampling site(s) were set under Stage 1 DBPR and remain unchanged under Stage 2 DBPR. If a system has two different sampling locations for LT2 and Stage 1 DBPR, the system would select the sample point the best represents the definition o f source water sample location(s) for UCMR. For each EPTDS there should be one source water sample point associated with that EPTDS. It is possible that different EPTDSs share the same source water. PWSs that purchase 100 percent of their water; “consecuti ve systems” are not required to collect source water samples.

d TOC and bromide must be collected at the same time as HAA samples. These indicator samples must be collected at a single source water intake (as defined in footnote c, above) using methods a lready approved for compliance monitoring

. TOC methods include: SM 5310 B, SM 5310 C, SM 5310 D ( 21 st edition ), or SM 5310 B

- 00, SM 5310 C

- 00, SM 5310 D

- 00 (SM Online ) , EPA Method 415.3 (Rev. 1.1 or 1.2). Bromide methods include: EPA Methods 300.0 (Rev. 2. 1), 300.1 (Rev. 1.0), 317.0 (Rev. 2.0), 326.0 (Rev. 1.0) or ASTM D 6581

- 12

. The MRLs for the individual HAAs are discussed in paragraph (a)(5)(v) of this section

.

e Temperature and pH must be measured at the same time as cyanotoxin samples at the source water intake as described in footnote c, above. pH methods include: EPA Method 150.1 and 150.2, ASTM D1293

- 12 , SM 4500

- H+ B (2 1st edition) or SM 4500

- H+ B

- 00 (SM Online) . Temperature methods include: SM 2550 ( 21 st edition ), or SM 255 0

- 00 (SM Online )

.
(4) Sampling requirements

— (i) Large systems. If you serve more than 10,000 people and meet the UCMR applicability criteria specified in paragraph (a)(2)(i) of this section, you must comply with the requirements specified in paragraphs ( a)(4)(i)(A) through (I) of this section. Your samples must be collected according to the schedule that you are assigned by EPA or your S tate, or the schedule that you revised using EPA ’ s electronic data reporting system on or before October December 3 1, 201 7 2 . Your schedule must follow both the timing and frequency of monitoring specified in Tables 1 and 2 of this section.141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 14 of 26 (A) Monitoring period. You must collect the samples in one continuous 12

- month period for List 1 Assessment Monitoring and, if applicable, for List 2 Screening Survey, or List 3 Pre

- Screen Testing, during the time frame indicated in column 6 of Table 1, in paragraph (a)(3) of th is section. EPA or your State will specify the month(s) and year(s) in which your monitoring must occur. As specified in § 141.35(c)(5), you must contact EPA if you believe you cannot conduct monitoring according to your schedule.
(B) Frequency . You must collect the samples within the time frame and according to the frequency specified by contaminant type and water source type for each sampling location, as specified in Table 2, in this paragraph. For the second or subsequent round of sampling, if a sample location is

non

- operational for more than one month before and one month after the scheduled sampling month ( i.e ., it is not possible for you to sample within the window specified in Table 2, in this paragraph), you must notify EPA as specified in § 141.3 5(c)(5) to reschedule your sampling.

T ABLE 2

— M ONITORING F REQUENCY BY C ONTAMINANT AND W ATER S OURCE T YPES

Contaminant type Water source type Time frame 1 Frequency 2

List 1 Cyanotoxins Chemicals Surface water or Ground water under the direct influence of surface water (GWUDI) March

– November You must monitor twice a month for four consecutive months (total of eight sampling events)

. Sample events must occur two weeks apart.
List 1 Contaminants

– Additional Chemicals Surface water or GWUDI March

– November You must monitor four times during your 12

- month monitoring period. Sample events must occur two months apart. (Example: If your first sampling event is in March, the seco nd monitoring must occur during May, the third during July, and the fourth during September).
Ground water March

– November You must monitor two times during your 12

- month monitoring period. Sample events must occur six months apart. (Example: If your f irst monitoring is in March, the second monitoring must occur during September. If your first monitoring is in November, the second monitoring must occur in May).

1 No sampling will take place during the months of December, January or February, except for resampling purposes.

2 Systems must assign a sample event code for each contaminant listed in Table 1. Sample event codes must be assigned by the PWS for each sample event. For more information on sample event codes see § 141.35(e) Table 1.

(C) Location . You must collect samples for each List 1 Assessment Monitoring contaminant, and, if applicable, for ea ch List 2 Screening Survey, or List 3 Pre

- Screen Testing contaminant, as specified in Table 1, in paragraph (a)(3) of this section. Samples must be collected at each sample point that is141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 15 of 26 specified in column 5 and footnote c of Table 1, in paragraph (a)(3) of this section. PWSs conducting List 1 monitoring for the brominated HAA groups must collect TOC and bromide samples as specified in f ootnote d of Table 1, in paragraph (a)(3) of this section. PWSs conducting List 1 monitoring for cyanotoxins must measure temperature and pH as specified in footnote e of Table 1, in paragraph (a)(3) of this section. If you are a ground water system with multiple EPTDSs, and you request and receive approval from EPA or the State for sampling at representative EPTDS(s), as sp ecified in § 141.35(c)(3), you must collect your samples from the approved representative sampling location(s ). Systems conducting Assessment Monitoring must also sample for total chromium, chromium

- 6, cobalt, molybdenum, strontium, vanadium, and chlorate at the location that represents the maximum residence time in the distribution system (DSMRT). DSMRT is defined as an active point ( i.e, a location that currently provides water to customers) in the distribution system where the water has been in the system the longest relative to the EPTDS.
(D) Sampling instructions. For each List 1 Assessment Monitoring contaminant, and, if applicable, for each Lis t 2 Screening Survey, or List 3 Pre

- Screen Testing contaminant, you must follow the sampling procedure for the method specified in column 3 of Table 1, in paragraph (a)(3) of this section. In addition, you must not composite (that is, combine, mix, or blen d) the samples; you must collect and preserve each sample separately.
(E) Sample collection and shipping time . If you must ship the samples for analysis, you must collect the samples early enough in the day to allow adequate time to send the samples for o vernight delivery to the laboratory. You should not collect samples on Friday, Saturday, or Sunday because sampling on these days may not allow samples to be shipped and received at the laboratory at the required temperature, unless you have made special a rrangements with your laboratory to receive the samples.
(F) Analytical methods. For each contaminant, you must use the respective analytical methods for List 1, and, if applicable, for List 2, or List 3 that are specified in column 3 of Table 1, in parag raph (a)(3) of this section; report values at or above the minimum reporting levels for List 1, and, if applicable, for List 2 Screening Survey, or List 3 Pre

- Screen Testing, that are specified in column 4 of Table 1, in paragraph (a)(3) of this section; a nd conduct the quality control procedures specified in paragraph (a)(5) of this section.
(G) Laboratory errors or sampling deviations. If the laboratory data do not meet the required QC criteria , as specified in paragraph (a)(5) of this section, or you do not follow the required sampling procedures, as specified in paragraphs (a)(4) of this section, you must resample within 30 days of being informed or becoming aware of these facts. This resampling is not for the purpose of confirming previous results, but to correct the sampling or laboratory error. All systems must report the results obtained from the first sampling for each sampling period, except for cases of sampling or laboratory errors. For the purposes of this rule, no samples are to be recollected for the purposes of confirming the results observed in a previous sampling.141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 16 of 26 (H) Analysis . For the List 1 contaminants, and, if applicable, List 2 Screening Survey, or List 3 Pre

Screen Testing contaminants, identified in Table 1, paragraph (a)(3) of this section, you must arrange for testing by a laboratory that has been approved by EPA according to requirements in paragraph (a)(5)(ii) of this section.
(I) Review and reporting of results. After you have received the laboratory results, you must review, ap prove, and submit the system information, and sample collection data and test results. You must report the results as provided in § 141.35(c)(6).
(ii) Small systems. If you serve 10,000 or fewer people and are notified that you are part of the State Monit oring Plan for Assessment Monitoring, Screening Survey or Pre

- Screen monitoring, you must comply with the requirements specified in paragraphs (a)(4)(i i )(A) through (H) of this section. If EPA or the State informs you that they will be collecting your UCMR samples, you must assist them in identifying the appropriate sampling locations and in collecting the samples.
(A) Monitoring period and frequency. You must collect samples at the times specified for you by the State or EPA. Your schedule must follow bot h the timing of monitoring specified in Table 1, List 1, and, if applicable, List 2, or List 3, and the frequency of monitoring in Table 2 of this section.
(B) Location . You must collect samples at the locations specified for you by the State or EPA.
(C ) Sample kits . You must store and maintain the sample collection kits sent to you by the UCMR Sampling Coordinator in accordance with the kit ’ s instructions. The sample kit will include all necessary containers, packing materials and cold packs, instructio ns for collecting the sample and sample treatment (such as dechlorination or preservation), report forms for each sample, contact name and telephone number for the laboratory, and a prepaid return shipping docket and return address label. If any of the mat erials listed in the kit ’ s instructions are not included in the kit or arrive damaged, you must notify the UCMR Sampling Coordinator who sent you the sample collection kits.
(D) Sampling instructions . You must comply with the instructions sent to you by the State or EPA concerning the use of containers, collection (how to fill the sample bottle), dechlorination and/or preservation, and sealing and preparation of sample and shipping containers for ship ment. You must not composite (that is, combine, mix, or blend) the samples. You also must collect, preserve, and test each sample separately. You must also comply with the instructions sent to you by the UCMR Sampling Coordinator concerning the handling of sample containers for specific contaminants.
(E) Sampling deviations . If you do not collect a sample according to the instructions provided to you for a listed contaminant, you must report the deviation within 7 days of the scheduled monitoring on the sa mple reporting form, as specified in § 141.35(d)(2). You must resample following instructions that you will be sent from the UCMR Sampling Coordinator or State. A copy of the form must be sent to the laboratory with the recollected samples, and to the UCMR Sampling Coordinator.
(F) Reserved. Duplicate samples . EPA will select a subset of systems in the State Monitoring Plan that must collect duplicate samples for quality control. If your system is selected, you will receive two141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 17 of 26 sample kits for an individual sampling location that you must use. You must use the same sampling protocols for both sets of samples, following the instructions in the duplicate sample kit.
(G) Sampling forms . You must completely fill out each of the samp ling forms and bottles sent to you by the UCMR Sampling Coordinator, including data elements listed in § 141.35(e) for each sample, as specified in § 141.35(d)(2). You must sign and date the sampling forms.
(H) Sample collection and shipping . You must col lect the samples early enough in the day to allow adequate time to send the samples for overnight delivery to the laboratory. You should not collect samples on Friday, Saturday, or Sunday because sampling on these days may not allow samples to be shipped a nd received at the laboratory at the required temperature unless you have made special arrangements with EPA for the laboratory to receive the samples. Once you have collected the samples and completely filled in the sampling forms, you must send the sampl es and the sampling forms to the laboratory designated on the air bill.
(iii) Phased sample analysis for microcystins

. You must collect the three required samples (one at the source water intake and two at the EPTDS) for each sampling event , but not all samples may need to be analyzed

. PWSs that purchase 100 percent of their water; “consecutive systems” only sample at their EPTDS. If the ELISA result from the source water intake is less than 0.3 μg/L, report that result and do not analyze the additional E PTDS samples for that sample event

. If the ELISA result from the source water intake is greater than or equal to 0.3 μg/L, report that value and analyze the EPTDS ELISA sample

. If the EPTDS ELISA result is less than 0.3 μg/L, report that result and do not analyze the additional EPTDS samples for that sample event

. If the EPTDS ELISA result is greater than or equal to 0.3 μg/L, report the value and analyze the other microcystin sample s collected at the EPTDS using EPA Method 544.
(5) Quality control requirem ents . If your system serves more than 10,000 people, you must ensure that the quality control requirements listed below are met during your sampling procedures and by the laboratory conducting your analyses. You must also ensure that all method quality con trol procedures and all UCMR quality control procedures are followed.
(i) Sample collection/preservation . You must follow the sample collection and preservation requirements for the specified method for each of the contaminants in Table 1, in paragraph (a )(3) of this section. These requirements specify sample containers, collection, dechlorination, preservation, storage, sample holding time, and extract storage and/or holding time that you must assure that the laboratory follow.
(ii) Laboratory approval f or Lists 1, List 2 and List 3. To be approved to conduct UCMR testing, the laboratory must be certified under § 141.28 for one or more compliance analyses; demonstrate for each analytical method it plans to use for UCMR testing that it can meet the Initial Demonstration of Capability (IDC) requirements detailed in the analytical methods specified in column 3 of Table 1, in paragraph (a)(3) of this section; and successfully participate in the UCMR Proficiency Testing (PT) Program administered by EPA for each analytical method it plans to use for UCMR testing. UCMR laboratory approval decisions will be granted on an individual method basis for the methods listed in141.35 and 141.40 (a)(1)( i)(A) EPA Draft - Do Not Cite or Quote

Page 18 of 26 column 3 of Table 1 in paragraph (a)(3) of this section for List 1, List 2, and List 3 contamina nts. Laboratory approval is contingent upon the capability of the laboratory to post monitoring data to the EPA electronic data reporting system. To participate in the UCMR Laboratory Approval Program, the laboratory must complete and submit the necessary registration forms [ DATE 60 DAYS AFTER PUBLICATION OF THE FINAL RULE]
, and necessary application material [DATE 120 DAYS AFTER PUBLICATION OF THE FINAL RULE] by August 1, 2012 . Correspondence must be addressed to: UCMR Laboratory Approval Coordinator, USEPA, Technical Support Center, 26 West Martin Luther King Drive, (MS 140), Cincinnati, OH 45268; or emailed to EPA at: UCMR

_ Sampling

_ Coo rdinator@epa.gov

. (iii) Minimum Reporting Level. The MRL is an estimate of the quantitation limit. Assuming good instrumentation and experienced analysts, an MRL is achievable, with 95% confidence, by 75% of laboratories nationwide.
(A) Validation of laboratory performance. Your laboratory must be capable of quantifying each contaminant listed in Table 1, at or below the MRL specified in column 4 of Table 1, in paragraph (a)(3) of this section. You must ensure that the laboratory completes and has on file and available for your inspection, records of two distinct procedures. First, your laboratory must have conducted an IDC involving replicate analyses at or below the MRL as described in this paragraph. Second, for each day that UCMR analyses are conducted by your laboratory, a validation of its ability to quantify each contaminant, at or below the MRL specified in column 4 of Table 1, in paragraph (a)(3) of this section, following the procedure listed in paragraph (a)(5)(iii)(B) of this section, must be pe rformed. The procedure for initial validation of laboratory performance at or below the MRL is as follows:
(1) All laboratories performing analysis under UCMR must demonstrate that they are capable of meeting data quality objectives at or below the MRL li sted in Table 1, column 4, in paragraph (a)(3) of this section.
(2) The MRL, or any concentration below the MRL, at which performance is being evaluated, must be contained within the range of calibration. The calibration curve regression model and the ran ge of calibration levels that are used in these performance validation steps must be used in all routine sample analyses used to comply with this regulation. Only straight line or quadratic regression models are allowed. The use of either weighted or unwei ghted models is permitted. The use of cubic regression models is not permitted.
(3) Replicate analyses of at least seven (7) fortified samples in reagent water must be performed at or below the MRL for each analyte, and must be processed through the entire method procedure ( i.e., including extraction, where applicable, and with all preservatives).
(4) A prediction interval of results (PIR), which is based on the estimated arithmetic mean of analytical results and the estimated sample standard deviation of measurement results, must be determined by Equation 1:

Equation 1 PIR = Mean ± s × tt ( df
, 1−∝ / 2 ) × � 1 + 1

nn141.35 and 141.40 (a)(1)( i)(A) EPA Draft - Do Not Cite or Quote

Page 19 of 26 Where:

t is the Student ’ s t value with df degrees of freedom and confidence level (1

- α ),

s is the sample standard deviation of n replicate samples fortified at the MRL,

n is the number of replicates.
(5) The values needed to calculate the PIR using Equation 1 are: Number of replicates ( n ); Student ’s t value with a two

- sided 99% confidence level for n number of replicates; the ave rage (mean) of at least seven replicates; and the sample standard deviation. Factor 1 is referred to as the Half Range PIR (HR PIR ).

HR PIR = ss × tt ( dddd
, 1−∝ / 2 ) × � 1 + 1

nn

For a certain number of replicates and for a certain confidence level in Student ’s t , this factor

C = tt ( dddd
, 1−∝ / 2 ) × � 1 + 1

nn

is constant, and can be tabulated according to replicate number and confidence level for the Student ’s t

. Table 3 in this paragraph lists the constant factor ( C ) for replicate sample numbers 7 through 10 with a confidence level of 99% for Student ’s t

. (6) The HRPIR is calculated by Equation 2:

Equation 2 HR PIR = ss × C
(7) The PIR is calculated by Equation 3:

Equation 3 PIR = Mean ± HR PIR

T ABLE 3—T HE C ONSTANT F ACTOR (C) TO BE M ULTIPLIED BY THE S TANDARD D EVIATION TO D ETERMINE THE H ALF R ANGE I NTERVAL OF THE PIR (S T UDENT ’ S T 99% C ONFIDENCE L EVEL ) A

Replicates Degrees of freedom Constant factor (C) to be multiplied by the standard deviation

7 6 3.963
8 7 3.711
9 8 3.536
10 9 3.409

a The critical t

- value for a two

- sided 99% confidence interval is equivalent to the critical t

- value for a one - sided 99.5% confidence interval, due to the symmetry of the t

- distribution. PIR = Prediction Interval of Results.141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 20 of 26 (8) The lower and upper result limits of the PIR must be converted to percent recovery of the concentration being tested. To pass criteria at a certain level, the PIR lower recovery limits cannot be lower than the lower recovery limits of the QC interval (50%) , and the PIR upper recovery limits cannot be greater than the upper recovery limits of the QC interval (150%). When either of the PIR recovery limits falls outside of either bound of the QC interval of recovery (higher than 150% or less than 50%), laborat ory performance is not validated at the concentration evaluated. If the PIR limits are contained within both bounds of the QC interval, laboratory performance is validated for that analyte.
(B) Quality control requirements for validation of laboratory per formance at or below the MRL.
(1) You must ensure that the calibration curve regression model and that the range of calibration levels that are used in these performance validation steps are used in future routine sample analysis. Only straight line or quadratic regression models are allo wed. The use of either weighted or unweighted models is permitted. The use of cubic regression models is not permitted.
(2) You must ensure, once your laboratory has performed an IDC as specified in each analytical method (demonstrating that DQOs are met at or below an MRL), that a daily performance check is performed for each analyte and method. A single laboratory blank, fortified at or below the MRL for each analyte, must be processed through the entire method procedure. The measured concentration for

e ach analyte must be converted to a percent recovery, and if the recovery is within 50%

- 150% (inclusive), the daily performance of the laboratory has been validated. The results for any analyte for which 50%

- 150% recovery cannot be demonstrated during the d aily check are not valid. Laboratories may elect to re

- run the daily performance check sample if the performance for any analyte or analytes cannot be validated. If performance is validated for these analytes, the laboratory performance is considered valid ated. Alternatively, the laboratory may re

- calibrate and repeat the performance validation process for all analytes.
(iv) Laboratory fortified sample matrix and laboratory fortified sample matrix duplicate. You must ensure that your laboratory prepares an d analyzes the Laboratory Fortified Sample Matrix (LFSM) sample for accuracy and Laboratory Fortified Sample Matrix Duplicate (LFSMD) samples for precision to determine method accuracy and precision for all contaminants in Table 1, in paragraph (a)(3) of t his section. LFSM/LFSMD samples must be prepared using a sample collected and analyzed in accordance with UCMR requirements and analyzed at a frequency of 5% (or 1 LFSM/LFSMD set per every 20 samples) or with each sample batch, whichever is more frequent. In addition, the LFSM/LFSMD fortification concentrations must be alternated between a low

- level fortification and mid

- level fortification approximately 50% of the time. (For example: A set of 40 samples will require preparation and analysis of 2 LFSM/LFSMD paired samples. The first LFSM/LFSMD paired sample set must be fortified at either the low

- level or mid

- level, and the second LFSM/LFSMD paired sample set must be fortified with the other standard, either the low

- level or mid

- level, whichever was not use d for the initial LFSM/LFSMD paired sample set.) The low

- level LFSM/LFSMD fortification concentration must be within ± 50% of the MRL for each contaminant (e.g., for an MRL of 1 μ g/L the acceptable fortification levels must be between 0.5 μ g/L and 1.5 μ g/L) . The mid

- level LFSM/ LFSMD fortification concentration must be within ± 20% of the mid

- level calibration standard for each contaminant, and is to represent,141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 21 of 26 where possible and where the laboratory has data from previously analyzed samples, an approximate

a verage concentration observed in previous analyses of that analyte. There are no UCMR contaminant recovery acceptance criteria specified for LFSM/LFSMD analyses. All LFSM/LFSMD data are to be reported.
(v) Method defined quality control. You must ensure t hat your laboratory performs Laboratory Fortified Blanks and Laboratory Performance Checks, as appropriate to the method ’ s requirements, for those methods listed in Table 1, column 3, in paragraph (a)(3) of this section. Each method specifies acceptance cr iteria for these QC checks.
(A) The following HAA results must be reported using EPA ’s electronic data reporting system for quality control purposes

.

TABLE 4

– HAA QC RESULTS

1

- Contaminant 2

- CAS Registry Number 3

- Analytical Methods a 4

- Minimum Reporting Level b 5

- HAA6Br Group 6

- HAA9 Group 7

- HAA5 Group
Brominated Haloacetic Acid (HAA) Groups Bromochloroacetic acid (BCAA) 5589

- 96

- 8 EPA 552.3 or EPA 557 0.3 μ g/L

Bromodichloroacetic acid (BDCAA) 71133

- 14

- 7 EPA 552.3 or EPA 557 0.5 μ g/L

Chlorodibromoacetic acid (CDBAA) 5278

- 95

- 5 EPA 552.3 or EPA 557 0.3 μ g/L HAA6Br Tribromoacetic acid (TBAA) 75

- 96

- 7 EPA 552.3 or EPA 557 2.0 μ g/L

Monobromoacetic acid (MBAA) 79

- 08

- 3 EPA 552.3 or EPA 557 0.3 μ g/L HAA9
Dibromoacetic acid (DBAA) 631

- 64

- 1 EPA 552.3 or EPA 557 0.3 μ g/L

Dichloroacetic acid (DCAA) 79

- 43

- 6 EPA 552.3 or EPA 557 0.2 μ g/L HAA5
Monochloroacetic acid (MCAA) 79

- 11

- 8 EPA 552.3 or EPA 557 2.0 μ g/L

Trichloroacetic acid (TCAA) 76

- 03

- 9 EPA 552.3 or EPA 557 0.5 μ g/L

Column headings are: 1

— Contaminant: The name of the contaminant to be analyzed. 2

— CAS (Chemical Abstract Service) Registry Number or Identification Number: A unique number identifying the chemical contaminants.

3

— Analytical Methods: Method numbers identifying the methods that must be used to test the contaminants. 4

— Minimum Reporting Level (MRL): The value and unit of measure at or above which the concentration of the contaminant must be measured using the appro ved analytical methods. If EPA determines, after the first six months of monitoring that the specified MRLs result in excessive resampling, EPA will establish alternate MRLs and will notify affected PWSs and laboratories of the new MRLs.

5

- 7

– HAA groups i dentified in paragraph (a)(3) of this section to be monitored as UCMR contaminants.

a The analytical procedures shall be performed in accordance with the documents associated with each method, see paragraph (c) of this section , and must meet all quality control requirements outlined paragraph (a)(5) of this section

.

b The MRL is the minimum concentration of each analyte that must be reported to EPA.141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 22 of 26 (vi) Reporting . You must require your laboratory to submit these data electronically to the State and EPA using EPA ’ s electronic data reporting system, accessible at http://www2.epa.gov/dwucmr http://water.epa.gov/lawsregs/rulesregs/sdwa/ucmr/ucmr 3

/reporting.cf

m , wi thin 120 days from the sample collection date. You then have 60 days from when the laboratory posts the data to review, approve and submit the data to the State and EPA, via EPA ’ s electronic data reporting system. If you do not electronically approve and submit the laboratory data to EPA within 60 days of the laboratory posting data to EPA ’ s electronic reporting system, the data will b e considered approved and available for State and EPA review.
(6) Violation of this rule

— (i) Monitoring violations . Any failure to monitor in accordance with § 141.40(a)(3)

- (5) is a monitoring violation.
(ii) Reporting violations . Any failure to report i n accordance with § 141.35 is a reporting violation.
(b) Petitions and waivers by States

— (1) Governors ’ petition for additional contaminants. The Safe Drinking Water Act allows Governors of seven (7) or more States to petition the EPA Administrator to add one or more contaminants to the UCMR Contaminant List in paragraph (a)(3) of this section. The petition must clearly identify the reason(s) for adding the contaminant(s) to the monitoring list, including the potential risk to public health, particularly a ny information that might be available regarding disproportional risks to the health and safety of children, the expected occurrence documented by any available data, any analytical methods known or proposed to be used to test for the contaminant(s), and a ny other information that could assist the Administrator in determining which contaminants present the greatest public health concern and should, therefore, be included on the UCMR Contaminant List in paragraph (a)(3) of this section.
(2) State

- wide waive rs. A State can waive monitoring requirements only with EPA approval and under very limited conditions. Conditions and procedures for obtaining a waiver are as follows:
(i) Application . A State may apply to EPA for a State

- wide waiver from the unregulated contaminant monitoring requirements for PWSs serving more than 10,000 people. To apply for such a waiver, the State must submit an application to EPA that includes the following inform ation: The list of contaminants on the UCMR Contaminant List for which a waiver is requested, along with documentation for each contaminant in the request demonstrating that the contaminants or their parent compounds do not occur naturally in the State, an d certifying that during the past 15 years they have not been used, applied, stored, disposed of, released, or detected in the source waters or distribution systems in the State.
(ii) Approval . EPA will review State applications and notify the State wheth er it accepts or rejects the request. The State must receive written approval from EPA before issuing a State

- wide waiver.
(c) Incorporation by reference . These standards are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection either electronically at www.regulations.gov , in hard copy141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 23 of 26 at the Water Docket, EPA/DC, and from the sources below. The Public Readin g Room (EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC) is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for this Public Reading Room is (202) 566

- 1744 , and the telephone number for the Water Docket is (202) 566

- 2426. The material is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741

- 6030 or g o to http://www.archives.gov/federal

register/cfr/about.html

. (1) The following methods are from the U.S. Environmental Protection Agency, Water Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW

. , Washington, DC 20004.
(i) EPA Method 150.1 “pH Electrometric, in Methods for Chemical Analysis of Water and Wastes,” 1983, EPA/600/4

- 79/020. Available on the Internet at http://www.nemi.gov

. (ii) EPA Method 150.2 “pH, C ontinuous Monitoring (Electrometric), in Methods for Chemical Analysis of Water and Wastes,” 1983, EPA/600/4

- 79/020. Available on the Internet at http://www.nemi.gov.
(iii) EPA Method 200.8 “Determination of Trace Elements in Waters and Wastes by Inductive ly Coupled Plasma

- Mass Spectrometry,” Revision 5.4, 1994. Available on the Internet at https://www.nemi.gov.
(iv) EPA Method 300.0 “Determination of Inorganic Anions by Ion Chromatography Samples,” Revision 2.1, 1993. Available on the Internet at http:// www.nemi.gov.
(v) EPA Method 300.1 “Determination of Inorganic Anions in Drinking Water by Ion Chromatography,” Revision 1.0, 1997. Available on the Internet at http://water.epa.gov/scitech/drinkingwater/labcert/analyticalmethods_ogwdw.cfm.
(vi) EPA Method 317.0 “Determination of Inorganic Oxyhalide Disinfection By

- Products in Drinking Water Using Ion Chromatography with the Addition of a Postcolumn Reagent for Trace Bromate Analysis,” Revision 2.0, 2001, EPA 815

- B

- 01

- 001. Available on the Internet at http: //water.epa.gov/scitech/drinkingwater/labcert/analyticalmethods_ogwdw.cfm.
(vii) EPA Method 326.0 “Determination of Inorganic Oxyhalide Disinfection By

- Products in Drinking Water Using Ion Chromatography Incorporating the Addition of a Suppressor Acidified Postcolumn Reagent for Trace Bromate Analysis,” Revision 1.0, 2002, EPA 815

- R

- 03

- 007. Available on the Internet at http://water.epa.gov/scitech/drinkingwater/labcert/analyticalmethods_ogwdw.cfm.
(viii) EPA Method 415.3 “Determination of Total Organic Carb on and Specific UV Absorbance at 254 nm in Source Water and Drinking Water,” Revision 1.1, 2005, EPA/600/R

- 05/055. Available on the Internet at http://www2.epa.gov/water

- research/epa

- drinking

- water

- research

- methods141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 24 of 26 (ix) EPA Method 415.3 “Determination of T otal Organic Carbon and Specific UV Absorbance at 254 nm in Source Water and Drinking Water,” Revision 1.2, 2009, EPA/600/R

- 09/122. Available on the Internet at http://www2.epa.gov/water

- research/epa

- drinking

- water

- research

- methods.
(x) EPA Method 525.3 “D etermination of Semivolatile Organic Chemicals in Drinking Water by Solid Phase Extraction and Capillary Column Gas Chromatography/Mass Spectrometry (GC/MS),” Version 1.0, February 2012, EPA/600/R

- 12/010. Available on the Internet at http://www2.epa.gov/wa ter

- research/epa

- drinking

- water

- research

- methods.
(xi) EPA Method 530 “Determination of Select Semivolatile Organic Chemicals in Drinking Water by Solid Phase Extraction and Gas Chromatography/Mass Spectrometry (GC/MS),” Version 1.0, January 2015, EPA/600/ R

- 14/442. Available on the Internet at http://www2.epa.gov/water

- research/epa

drinking

- water

- research

- methods.
(xii) EPA Method 541 “Determination of 1

- Butanol, 1,4

- Dioxane, 2

- Methoxyethanol and 2

- Propen

- 1

- ol in Drinking Water by Solid Phase Extraction and Gas Chromatography/Mass Spectrometry,” November 2015, EPA 815

- R

- 15

- 011. Available on the Internet at http://www2.epa.gov/water

research/epa

- drinking

- water

- research

- methods.
(xiii) EPA Method 544 “Determination of Microcystins and Nodularin in Drinking Wat er by Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry (LC/MS/MS),” Version 1.0, February 2015, EPA 600

- R

- 14/474. Available on the Internet at http://www2.epa.gov/water

research/epa

- drinking

- water

- research

- methods.
(xiv) EPA Method 545 “Determination of Cylindrospermopsin and Anatoxin

- a in Drinking Water by Liquid Chromatography Electrospray Ionization Tandem Mass Spectrometry (LC/ESI

- MS/MS),” April 2015, EPA 815

- R

- 15

- 009. Available on the Internet at http://water.epa.gov/scitech/dr inkingwater/labcert/analyticalmethods_ogwdw.cfm.
(xv) EPA Method 552.3 “Determination of Haloacetic Acids and Dalapon in Drinking Water by Liquid

- Liquid Microextraction, Derivatization, and Gas Chromatography with Electron Capture Detection,” Revision 1.0, July 2003, EPA 815

- B

- 03

- 002. Available on the Internet at http://water.epa.gov/scitech/drinkingwater/labcert/analyticalmethods_ogwdw.cfm.
(xvi) EPA Method 557 “Determination of Haloacetic Acids, Bromate, and Dalapon in Drinking Water by Ion Chromatography Electrospray Ionization Tandem Mass Spectrometry (IC

- ESI

- MS/MS),” Version 1.0, September 2009, EPA 815

- B

- 09

- 012. Available on the Internet at http://water.epa.gov/scitech/drinkingwater/labcert/analyticalmethods_ogwdw.cfm

. (2) The following methods are from “ASTM International,” 100 Barr Harbor Drive, West Conshohocken, PA 19428

- 2959.
(i) ASTM D1293

- 12 “Standard Test Methods for pH of Water.” Available for purchase on the Internet at http://www.astm.org/Standards/D1293.htm.141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 25 of 26 (ii) ASTM D5673

- 10 “Standard Test Method for Elements in Water by Inductively Coupled Plasma

- Mass Spectrometry,” approved August 1, 2010. Available for purchase on the Inter net at http://www.astm.org/Standards/D5673.htm.
(iii) ASTM D6581

- 12 “Standard Test Methods for Bromate, Bromide, Chlorate, and Chlorite in Drinking Water by Suppressed Ion Chromatography.” Available for purchase on the Internet at http://www.astm.org/Standards/D6581.htm

. (3) The following methods are from “Standard Methods for the Examination of Water & Wastewater,” 21st edition (2005), American Public Health Association, 800 I Street NW, Washington, D C 20001

- 3710.
(i) SM 2550. “Temperature.”
(ii) SM 3125 “Metals by Inductively Coupled Plasma/Mass Spectrometry.”
(iii) SM 4500

- H+ B “pH Value in Water by Potentiometry Using a Standard Hydrogen Electrode.”
(iv) SM 5310B “The Determination of Total Organic Carbon by High

- Temperature Combustion Method.”
(v) SM 5310C “Total Organic Carbon by Persulfate

- UV or Heated

- Persulfate Oxidation Method.”
(vi) SM 5310D “Total Organic Carbon by Wet

- Oxidation Method.”
(4) The following methods are from “Standard Methods On line.” Available for purchase on the Internet at http://www.standardmethods.org.
(i) SM 2550

- 10 “Temperature.”
(ii) SM 3125

- 09 “Metals by Inductively Coupled Plasma/Mass Spectrometry (Editorial revisions, 2011).”
(iii) SM 4500

- H+ B

- 00 “pH Value in Water by Potentiometry Using a Standard Hydrogen Electrode.”
(iv) SM 5310B

- 00 “The Determination of Total Organic Carbon by High

- Temperature Combustion Method.”
(v) SM 5310C

- 00 “Total Organic Carbon by Persulfate

- UV or Heated

- Persulfate Oxidation Method.”
(vi) SM 5310D

- 00 “Total Organic Carbon by Wet

- Oxidation Method.”
(5) The following methodology is from Ohio EPA, Columbus, OH.141.35 and 141.40 (a)(1)( i)(A) EPA Draft

- Do Not Cite or Quote

Page 26 of 26 (i) ELISA SOP. “Ohio EPA Total (Extracellular and Intracellular) Microcystins

- ADDA by ELISA Analytical Methodology,” Version 2.0, Janua ry 2015. Available on the Internet at http://www.epa.ohio.gov/Portals/28/documents/habs/HAB_Analytical_Methodology.pdf.
(ii) [Reserved]
[72 FR 393, Jan. 4, 2007; 72 FR 3916, Jan. 26, 2007, as amended at 77 FR 26098, May 2, 2012]