hours, at an annual labor cost of $0.66 million. EPA's annual non-labor
costs are estimated to be $2.3 million. EPA's non-labor costs are
primarily attributed to the cost of sample analysis for small systems
(analysis is just under 90 percent of non-labor cost).
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. In addition, EPA is
amending the table in 40 CFR part 9 of currently approved OMB control
numbers for various regulations to list the regulatory citations for
the information requirements contained in this final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    The RFA provides default definitions for each type of small entity.
Small entities are defined as: (1) A small business as defined by the
Small Business Administration's (SBA) regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any ``not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.'' However, the RFA also authorizes an agency to
use alternative definitions for each category of small entity, ``which
are appropriate to the activities of the agency'' after proposing the
alternative definition(s) in the Federal Register and taking comment (5
U.S.C. 601(3)-(5)). In addition, to establish an alternative small
business definition, agencies must consult with SBA's Chief Counsel for
Advocacy.
    For purposes of assessing the impacts of this final rule on small
entities, EPA considered small entities to be PWSs serving 10,000 or
fewer people, because this is the system size specified in SDWA as
requiring special consideration with respect to small system
flexibility. As required by the RFA, EPA proposed using this
alternative definition in the Federal Register (63 FR 7605, February
13, 1998 (USEPA, 1998a)), requested public comment, consulted with the
SBA, and finalized the alternative definition in the Consumer
Confidence Reports rulemaking (63 FR 44511, August 19, 1998 (USEPA,
1998c)). As stated in that Final Rule, the alternative definition is
applied to this regulation as well.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this final rule are a subset of small
community and non-transient non-community PWSs serving 10,000 or fewer
people. We have determined that the 1,280 small PWSs required to
participate in either the Assessment Monitoring or Screening Survey
components of UCMR 2 will experience an average cost of $43 per year;
the remainder of small systems are not subject to this final rule.
    Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. As required
by SDWA, the Agency

specifically structured the rule to avoid significantly affecting small
entities by assuming all costs for laboratory analyses, shipping, and
QC for small entities. As a result, EPA incurs the entirety of the non-
labor costs associated with UCMR 2 small system monitoring. With its
authority to use monies from the Drinking Water State Revolving Fund
(DWSRF) for the purposes of implementing this provision of SDWA, EPA
has set aside $2.0 million each year to apply towards these costs.
Small system costs are limited to the additional labor required for
reading about their requirements, monitoring, reporting, and
recordkeeping. The estimated average annual burden across the five-year
UCMR 2 cycle of 2007-2011 is estimated to be 1.5 hours at $43 per small
system. These costs for small systems are discussed in Section 6(a)(i)
of the ICR document, available on the EPA public docket for this rule,
under Docket ID Number OW-2004-0001 at http://www.regulations.gov.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. Total annual costs of this final rule (across
the UCMR 2 cycle of 2007-2011), for State, local, and Tribal
governments and the private sector, are estimated to be $8.86 million,
of which EPA will pay $2.57 million, or approximately 29 percent. Thus,
this rule is not subject to the requirements of sections 202 and 205 of
the UMRA.
    EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency will pay for the reasonable costs of sample
analysis for the small PWSs required to monitor for unregulated
contaminants under this final rule, including those owned and operated
by small governments. The only costs that small systems will incur are
those attributed to collecting the UCMR samples and packing them for
shipping to the laboratory (EPA will pay for shipping). These costs are
minimal. They are not significant or unique. Thus, this rule is not
subject to the requirements of UMRA section 203.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This final rule does not have Federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132.
    The cost to State and local governments is minimal, and the rule
does not preempt State law. Thus, Executive Order 13132 does not apply
to this rule. In the spirit of Executive Order 13132, and consistent
with EPA policy to promote communications between EPA and State and
local governments, EPA specifically solicited comment on the proposed
rule from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''
    This final rule does not have Tribal implications, as specified in
Executive Order 13175. It will neither impose substantial direct
compliance costs on Tribal governments, nor preempt Tribal law. This
final rule also requires monitoring by a nationally representative
sample of small systems (i.e., those serving 10,000 or fewer people).
EPA estimates that approximately one percent of small Tribal systems
will be selected as part of such sample. EPA estimates the average
annual cost over the five-year rule period to be $43, based on the
labor associated with collecting a sample and preparing it for
shipping. All other small-system expenses (associated with shipping and
laboratory fees) are paid by EPA.
    EPA consulted with Tribal officials early in the process of
developing the UCMR program to permit them to have meaningful and
timely input into its development. In developing the original UCMR, EPA
held stakeholder meetings and prepared background information for
stakeholder review. EPA sent requests for review of stakeholder
documents to nearly 400 Tribes, Tribal organizations, and small systems
organizations to obtain their input. Representatives from the Indian
Health Service (IHS) Sanitary Deficiency System and Tribes were
consulted regarding decisions on rule design, the design for the
statistical selection of small systems, and potential costs.
    Tribes raised issues concerning the selection of the nationally
representative sample of small systems, particularly the manner in
which Tribal systems would be considered under the sample selection
process. EPA developed the sample frame for Tribal

systems and Alaska Native water systems in response to those concerns.
EPA worked with the Tribes, Alaska Natives, the IHS, and the States to
determine how to classify each Tribal system for consideration in the
statistically-based selection of the nationally representative sample
of small systems. As a result of those discussions, small PWSs that are
located in Indian country in each of the EPA Regions containing Indian
country were evaluated as part of a Tribal category that receives
selection consideration comparable to that of small systems outside of
Indian country. Thus, Tribal systems have the same probability of being
selected as other water systems in the stratified selection process
that weighs systems by water source and size class by population
served.
    EPA also held a public stakeholder meeting on October 23, 2003.
This meeting was announced to the public in a Federal Register notice
dated September 11, 2003. Prior to the meeting, background materials
and rule development information were sent to specific stakeholders,
including representatives from the IHS and the Native American Water
Association.
    As described previously, this final rule requires monitoring by all
large systems serving more than 10,000 people. Ten Tribal water systems
have been identified as large systems. EPA estimates the average annual
cost for each large system over the five-year rule period to be less
than $1,200. Such cost is based on a labor component (associated with
the collection of samples) and a non-labor component (associated with
shipping and laboratory fees).
    This final rule, addressing the second UCMR period, maintains the
basic program design of the original UCMR, building upon the structure
established by the original rule for this cyclical program. The primary
changes include: (1) Improving the design of the Screening Survey for
List 2 contaminants to increase the statistical strength of the
sampling results; (2) updating the lists of contaminants to be
monitored and the analytical methods approved to conduct that
monitoring; (3) revising the ``data elements'' required to be reported;
and (4) revising the implementation of the monitoring program to
reflect ``lessons learned'' during UCMR 1.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that: (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    This final rule is not subject to the Executive Order because it is
not economically significant as defined in Executive Order 12866, and
because the Agency does not have reason to believe the environmental
health or safety risks addressed by this action present a
disproportionate risk to children.
    This final rule is part of the Agency's overall strategy for
deciding whether to regulate the contaminants identified on the CCL (63
FR 10274, March 2, 1998 (USEPA, 1998b)). The purpose of this final rule
is to ensure that EPA has data on the occurrence of contaminants on the
CCL where those data are lacking. EPA is also taking steps to ensure
that the Agency will have data on the health effects of these
contaminants on children through its research program. The Agency will
use these data (both contaminant occurrence and health effects) to help
decide whether or not to regulate any of these contaminants.
    However, given EPA's interest in protecting children's health, as
part of the original provisions in UCMR 1, allowing State Governors to
petition EPA to add contaminants to the UCMR Contaminant List, EPA
requests Governors to include any information that might be available
regarding disproportional risks to the health or safety of children.
Such information will help inform EPA's decisionmaking regarding the
UCMR contaminant list.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. The frequency of
required monitoring and testing in this rulemaking does not rise to the
level of significant cost to drinking water utilities. Therefore, we
have concluded that this rule is not likely to have any adverse energy
costs.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law
No. 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
    This rulemaking involves technical standards. Therefore, the Agency
conducted a search to identify potentially applicable voluntary
consensus standards. However, we identified no such standards, and none
were brought to our attention in comments. Therefore, EPA has decided
to use the methods development that the Agency conducted (described in
Section III.C), which was necessary to establish acceptable methods for
the determination of these UCMR 2 parameters.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (February
11, 1994), focuses Federal attention on the environmental and human
health conditions of minority and low-income populations with the goal
of achieving environmental protection for all communities.
    By seeking to identify unregulated contaminants that may pose
health risks via drinking water from all PWSs, UCMR furthers the
protection of public health for all citizens, including minority and
low-income populations using public water supplies. Using a
statistically-derived set of systems for the nationally representative
sample that is population-weighted within each system size category in
each State, the final rule ensures that no group within the population
is under-represented.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small

Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective February 5, 2007.

VII. Public Involvement in Regulation Development

    EPA's Office of Ground Water and Drinking Water has developed a
process for stakeholder involvement in its regulatory activities for
the purpose of providing early input to regulation development. When
designing and developing the UCMR program in the late 1990s, EPA held
meetings for developing the CCL, establishing the information
requirements of the NCOD, and selecting priority contaminants for
monitoring. During the initial development of the UCMR program,
stakeholders, including PWSs, States, industry, and other organizations
attended meetings to discuss the UCMR. Seventeen other meetings were
held specifically concerning UCMR development. For a description of
public involvement activities related to the UCMR, please see the
discussion in the September 1999 UCMR Final Rule Federal Register at 64
FR 50556 (USEPA, 1999).
    Specific to the development of UCMR 2, a stakeholder meeting was
held on October 29, 2003, in Washington, DC. There were 25 attendees,
representing State agencies, Federal agencies, laboratories, PWSs, and
drinking water associations. The topics of presentations and
discussions included: Rationale for selecting a new list of proposed
contaminants; analytical methods to be used in measuring these
contaminants; sampling design, particularly for the Screening Survey
monitoring; procedure for determining LCMRLs; validation of laboratory
performance at or below the MRL; revisions to data elements; and other
proposed revisions based on lessons learned during implementation of
UCMR 1.
    In addition to public involvement during program and proposed rule
development, EPA received comments from 36 public commenters. EPA's
responses to these comments are summarized in Sections III, IV and V of
this preamble. EPA has compiled a document containing all public
comments and EPA's responses entitled: ``UCMR 2 Categorized Public
Comments,'' (USEPA, 2006b) which can be obtained by going to http://www.regulations.gov
 and searching for Docket ID No. OW-2004-0001 under

the advanced search tab.

VIII. References

    Association of State Drinking Water Administrators (ASDWA).
2003. Public Health Protection Threatened by Inadequate Resources
for State Drinking Water Programs--An Analysis of State Drinking
Water Programs Resources, Needs, and Barriers. April 2003. Available
on the Internet at: http://www.asdwa.org/.

Darnerud, P.O., G.S. Erickson, T. Johannesson, P.B. Larson, and M.
Viluksela. 2001. Polybrominated Diphenyl Ethers: Occurrence, Dietary
Exposure, and Toxicology. Environmental Health Perspectives
Supplements. Vol. 109, No. S1. Available on the Internet at: http://ehp.niehs.nih.gov/members/2001/suppl-1/49-68darnerud/darnerud-full.html.
 de Wit, C.A. February 2002. An overview of brominated

flame retardants in the environment. Chemosphere. 46(5):583-624.
Hites, R. 2004. Polybrominated Diphenyl Ethers in the Environment
and in People: A Meta-Analysis of Concentration. Environmental
Science and Technology. Vol. 38, No. 4. pp. 945-956.
McDonald, T.A. February 2002. A perspective on the potential health
risks of PBDEs. Chemosphere. 46(5):745-55.
Meerts, I.A., Letcher, R.J., Hoving, S., Marsh, G., Bergman, A.,
Lemmen, J.G., van der Burg, B., and A. Brouwer. April 2001. In vitro
estrogenicity of polybrominated diphenyl ethers, hydroxylated PDBEs,
and polybrominated bisphenol A compounds. Environmental Health
Perspective. 109(4):399-407.
Stoker, T.E., Cooper, R.L., Lambright, C.S., Wilson, V.S., Furr, J.,
and L.E. Gray. August 2005. In vivo and in vitro anti-androgenic
effects of DE-71, a commercial polybrominated diphenyl ether (PBDE)
mixture. Toxicology and Applied Pharmacology. 207(1):78-88.
United States Environmental Protection Agency (USEPA). 1992.
National Primary Drinking Water Regulations; Aldicarb, Aldicarb
Sulfoxide, and Aldicarb Sulfone; Notice of postponement of certain
provisions of final rule. Federal Register. Vol. 57, No. 102. p.
22178, May 27, 1992.
USEPA. 1995. Method 525.2--Determination of Organic Compounds in
Drinking Water by Liquid-Solid Extraction and Capillary Column Gas
Chromatography/Mass Spectrometry. Revision 2.0, 1995 is available on
the Internet at: http://www.NEMI.gov.

USEPA. 1998a. National Primary Drinking Water Regulations: Consumer
Confidence Reports; Final Rule. Federal Register. Vol. 63, No. 30.
p. 7605, February 13, 1998.
USEPA. 1998b. Announcement of the Drinking Water Contaminant
Candidate List; Notice. Federal Register. Vol. 63, No. 40. p. 10274,
March 2, 1998.
USEPA. 1998c. National Primary Drinking Water Regulations: Consumer
Confidence Reports. Federal Register. Vol. 63, No. 160. p. 44511,
August 19, 1998.
USEPA. 1999. Revisions to the Unregulated Contaminant Monitoring
Regulation for Public Water Systems; Final Rule. Federal Register.
Vol. 64, No. 180. p. 50556, September 17, 1999.
USEPA. 2000. Unregulated Contaminant Monitoring Regulation for
Public Water Systems: Analytical Methods for Perchlorate and
Acetochlor; Announcement of Laboratory Approval and Performance
Testing (PT) Program for the Analysis of Perchlorate; Final Rule and
Proposed Rule. Federal Register. Vol. 65, No. 42. p. 11372, March 2,
2000.
USEPA. 2001a. Unregulated Contaminant Monitoring Regulation for
Public Water Systems; Analytical Methods for List 2 Contaminants;
Clarifications to the Unregulated Contaminant Monitoring Regulation.
Federal Register. Vol. 66, No. 8. p. 2273, January 11, 2001.
USEPA. 2001b. National Primary Drinking Water Regulations; Arsenic
and Clarifications to Compliance and New Source Contaminants
Monitoring. Federal Register. Vol. 66, No. 14. p. 6975, January 22,
2001.
USEPA. 2002a. EPA Method 529--Determination of Explosives and
Related Compounds in Drinking Water by Solid Phase Extraction and
Capillary Column Gas Chromatography/Mass Spectrometry (GC/MS).
Available on the Internet at: http://www.epa.gov/nerlcwww/ordmeth.htm
.

USEPA. 2002b. Unregulated Contaminant Monitoring Regulation:
Approval of Analytical Method for Aeromonas; National Primary and
Secondary Drinking Water Regulations: Approval of Analytical Methods
for Chemical and Microbiological Contaminants. Federal Register.
Vol. 67, No. 209. p. 65888, October 29, 2002.
USEPA. 2004a. EPA Method 521--Determination of Nitrosamines in
Drinking Water by Solid Phase Extraction and Capillary Column Gas
Chromatography with Large Volume Injection and Chemical Ionization
Tandem Mass Spectrometry (MS/MS). Revision 1.0, April 2005 is
available on the Internet at: http://www.epa.gov/nerlcwww/ordmeth.htm
.

USEPA. 2004b. EPA Method 527--Determination of Selected Pesticides
and Flame Retardants in Drinking Water by Solid Phase Extraction and
Capillary Column Gas Chromatography/Mass Spectrometry (GC/MS). EPA
815-R-05-005. April 2005. Available on the Internet at: http://www.epa.gov/safewater/methods/sourcalt.html
.

USEPA. 2004c. EPA Method 535, Measurement of Chloroacetanilide and
Other Acetamide Herbicide Degradates in Drinking Water by Solid
Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry
(LC/MS/MS). Version 1.1, April 2005 is available on the Internet at:
http://www.epa.gov/nerlcwww/ordmeth.htm.

USEPA. 2004d. UCMR 2 Laboratory Approval Manual. Available upon
request as detailed at: http://www.epa.gov/safewater/ucmr/ucmr2/index.html
.

USEPA. 2005a. Unregulated Contaminant Monitoring Regulation (UCMR)
for Public Water Systems Revisions; Proposed Rule. Federal Register.
Vol. 70, No. 161. p. 49093, August 22, 2005.
USEPA. 2005b. Cross Media Electronic Reporting. Federal Register.
Vol. 70, No. 197. p. 59847, October 13, 2005.
USEPA. 2006a. National Primary Drinking Water Regulations: Stage 2
Disinfectants and Disinfection Byproducts Rule; Final Rule. Federal
Register. Vol. 71 No. 2. p. 388, January 4, 2006.
USEPA. 2006b. UCMR 2 Categorized Public Comments. Available on the
Internet at: http://www.epa.gov/safewater/ucmr/ucmr2/index.html.

List of Subjects

40 CFR Part 9

    Reporting and recordkeeping requirements.

40 CFR Part 141

    Environmental protection, Chemicals, Incorporation by reference,
Indians-lands, Intergovernmental relations, Radiation protection,
Reporting and recordkeeping requirements, Water supply.

40 CFR Part 142

    Analytical methods, Chemicals, Environmental Protection,
Administrative practice and procedure, Chemicals, Indians-lands,
Radiation Protection, Reporting and recordkeeping requirements, Water
supply.

    Dated: December 20, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter 1 of the
Code of Federal Regulations is amended as follows:

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345(d) and (e); 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.

0
2. Section 9.1 is amended by revising the entries for ``141.35'' and
``141.40'' to read as follows:

Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                            OMB Control
                     40 CFR Citation                            No.
------------------------------------------------------------------------

                                * * * * *

               National Primary Drinking Water Regulations

                                * * * * *
141.35..................................................       2040-0270
141.40..................................................       2040-0270
------------------------------------------------------------------------

* * * * *

PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS

0
3. The authority citation for part 141 continues to read as follows:

    Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.

Subpart C--[Amended]

0
4. Section 141.24 is amended by revising paragraph (h) introductory
text, removing footnote 7 of paragraph (h) introductory text, and by
revising paragraph (h)(7)(v) to read as follows:

Sec.  141.24  Organic chemicals, sampling and analytical requirements.

* * * * *
    (h) Analysis of the contaminants listed in Sec.  141.61(c) for the
purposes of determining compliance with the maximum contaminant level
shall be conducted as follows, with the exception that no monitoring is
required for aldicarb, aldicarb sulfoxide or aldicarb sulfone:
* * * * *
    (7) * * *
    (v) If the monitoring results in detection of one or more of
certain related contaminants (heptachlor and heptachlor epoxide), then
subsequent monitoring shall analyze for all related contaminants.
* * * * *

Subpart D--[Amended]

0
5. Section 141.35 is revised to read as follows:

Sec.  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 Sec.  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. For the
purposes of this section, PWS ``population served'' includes the sum of
the retail population served directly by the PWS plus the population
served by any consecutive system(s) receiving all or part of its
finished water from that PWS. 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 distribution 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
primary 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 systems. You must meet the reporting
requirements of this paragraph if you meet the applicability criteria
in Sec.  141.40(a)(2).
    (1) Where to submit UCMR reporting requirement information. Some of
your reporting requirements are to be fulfilled electronically, and
others by mail. Information that must be submitted using EPA's
electronic data reporting system must be submitted through: http://www.epa.gov/safewater/ucmr/ucmr2/reporting.html.
 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 e-mail at
<EMAIL_ADDRESS>or by fax at<PHONE_NUMBER>. 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
concerning your required monitoring and your system does not meet the
applicability criteria for UCMR established in Sec.  141.40(a)(2), or
if a change occurs at your system that may affect your requirements
under UCMR as defined in Sec.  141.40(a)(3) through (5), you must fax,
mail, or e-mail 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 not
applicable to your PWS, or have changed for your PWS, along with the
appropriate contact information. EPA will make an applicability
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 large systems. If you serve a population of more
than 10,000 people, and meet the applicability criteria in Sec.
141.40(a)(2)(i), you must meet the reporting requirements in paragraphs
(c)(1) through (8) of this section.
    (1) Contact information. You must provide contact information by
April 4, 2007, 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, fax number, and e-mail address for your PWS Technical Contact
and your PWS Official.
    (2) Sampling location and inventory information. You must provide
your sampling location and inventory information by August 2, 2007
using EPA's electronic data reporting system. You must submit the
following information for each sampling location, or for each approved
representative sampling location (as specified in paragraph (c)(3) of
this section regarding representative sampling locations): PWS
identification (PWSID) code; PWS facility identification code; water
source type, sampling point identification code; and sampling point
type code; ( as defined in Table 1, paragraph (e) of this section). If
this information changes, you must report updates 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 Sec. Sec.  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 alternative 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: They use ground water as a source; all of their
well sources have either the same treatment or no 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 May 4, 2007, 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. You
must submit the following information for each proposed representative
sampling location: PWSID Code, PWS Facility Identification Code, and
Sampling Point Identification Code (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 drawings 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) in 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 well 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 information 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 Sec.  141.40(a)(1) and (2)(i), and you have not been
notified by either EPA or your State by June 4, 2007, you must 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 information. 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 status and required sampling schedule.
However, if your PWS meets the applicability criteria specified in
Sec.  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 Monitoring (List 1) or Screening Survey
(List 2) schedule up to August 2, 2007 using EPA's electronic data
reporting system, as specified in paragraph (b)(1) of this section.
After these dates have 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 fax, mail, or e-mail 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 the alternative schedule you are
requesting. You are subject to your assigned UCMR sampling schedule or
the schedule that you revised on or before August 2, 2007, unless and
until you receive a letter from EPA specifying a new schedule.
    (ii) Exceptions to the rescheduling notification 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 Sec.  141.40(a)(4)(i)(B), no notification to
EPA is required. If any ground water sampling 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 sample, you must report
the information specified in Table 1 of paragraph (e) of this section,
using EPA's electronic data reporting system, as follows. If you are
conducting Assessment Monitoring, you must include data elements 1
through 5, and 7 through 15 in paragraph (e) of this section; and if
you are conducting Screening Survey monitoring, you must include
elements 1 through 15. You also must report any changes made to data
elements 1 through 6 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 reporting system within 120 days from
the sample collection date (sample collection must occur as specified
in Sec.  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 take action on the
data within 60 days of the laboratory's posting to the electronic
reporting system, the data will be considered approved by you, and
available for EPA and State review.
    (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 have had more than one
laboratory analyze replicate samples collected under Sec.
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 the 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 Sec.  141.40(a)(3). All
analyses must be performed by laboratories approved by EPA to perform
UCMR analyses using the analytical methods specified in Table 1 of
Sec.  141.40(a)(3) and using samples collected according to Sec.
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 request for contact
information, and a request for information associated with the sampling
kit.
    (1) Contact information. EPA will send you a notice requesting
contact information for key individuals at your system, including name,
affiliation, mailing address, phone number, fax number, and e-mail
address. These individuals include your PWS Technical Contact and your
PWS Official. You are required to provide this information within 90
days of receiving the notice from EPA as specified in paragraph (b)(1)
of this section. If this information changes, you also must provide
updates within 30 days of the change, as specified in paragraph (b)(1)
of this section.
    (2) Reporting sampling information. You must record data elements
listed in Table 1 of paragraph (e) of this section on each sample form
and sample bottle provided to you by the UCMR Sampling Coordinator, as
follows: If you are conducting Assessment Monitoring, you must include
elements 1 through 5, and 7; if you are conducting Screening Survey,
you must include elements 1 through 7. You must send this information
as specified in the instructions of your sampling kit, which will
include the due date and return address. You must report any changes
made in data elements 1 through 6 by mailing or e-mailing 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 with UCMR sample results.

   Table 1.--Unregulated Contaminant Monitoring Reporting Requirements
------------------------------------------------------------------------
           Data element                          Definition
------------------------------------------------------------------------
1. Public Water System              The code used to identify each PWS.
 Identification (PWSID) Code.        The code begins with the standard 2-
                                     character postal State abbreviation
                                     or Region code; the remaining 7
                                     numbers are unique to each PWS in
                                     the State. The same identification
                                     code must be used to represent the
                                     PWS identification for all current
                                     and future UCMR monitoring.
2. Public Water System Facility     An identification code established
 Identification Code.                by the State or, at the State's
                                     discretion, by the PWS, following
                                     the format of a 5-digit number
                                     unique within each PWS for each
                                     applicable facility (i.e., for each
                                     source of water, treatment plant,
                                     distribution system, or any other
                                     facility associated with water
                                     treatment or delivery). The same
                                     identification code must be used to
                                     represent the facility for all
                                     current and future UCMR monitoring.
3. 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 source).
                                       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.
4. Sampling Point Identification    An identification code established
 Code.                               by the State, or at the State's
                                     discretion, by the PWS, that
                                     uniquely identifies each sampling
                                     point. Each sampling code must be
                                     unique within each applicable
                                     facility, for each applicable
                                     sampling location (i.e., entry
                                     point to the distribution system or
                                     distribution system sample at
                                     maximum residence time). The same
                                     identification code must be used to
                                     represent the sampling location for
                                     all current and future UCMR
                                     monitoring.
5. Sampling Point Type Code.......  A code that identifies the location
                                     of the sampling point as either:
                                       EP = entry point to the
                                        distribution system.
                                       MR = distribution system sample
                                        at maximum residence time.
6. Disinfectant Residual Type.....  The type of disinfectant in use at
                                     the time of UCMR sampling to
                                     maintain a residual in the
                                     distribution system for each
                                     Screening Survey sampling point. To
                                     be reported by systems required to
                                     conduct Screening Survey
                                     monitoring. Systems must report
                                     using the following codes for each
                                     Screening Survey sampling location
                                     (i.e., EP, MR):
                                       CL = chlorine
                                       CA = chloramine
                                       OT = all other types of
                                        disinfectant (e.g., chlorine
                                        dioxide)
                                       ND = no disinfectant used.
7. Sample Collection Date.........  The date the sample is collected,
                                     reported as 4-digit year, 2-digit
                                     month, and 2-digit day.
8. 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.
9. Contaminant....................  The unregulated contaminant for
                                     which the sample is being analyzed.
10. Analytical Method Code........  The identification code of the
                                     analytical method used.
11. Sample Analysis Type..........  The type of sample collected and/or
                                     prepared, as well as the
                                     fortification level. Permitted
                                     values include:
                                       FS = field sample; sample
                                        collected and submitted for
                                        analysis under this rule.
                                       LFSM = laboratory fortified
                                        sample matrix; a UCMR field
                                        sample with a known amount of
                                        the contaminant of interest
                                        added.
                                       LFSMD = laboratory fortified
                                        sample matrix duplicate;
                                        duplicate of the laboratory
                                        fortified sample matrix.
                                       CF = concentration fortified;
                                        reported with sample analysis
                                        types LFSM and LFSMD, the
                                        concentration of a known
                                        contaminant added to a field
                                        sample.
12. 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--Value.''
13. Analytical Result--Value......  The actual numeric value of the
                                     analytical results for: field
                                     samples; laboratory fortified
                                     matrix samples; laboratory
                                     fortified sample matrix duplicates;
                                     and concentration fortified.
14. Laboratory Identification Code  The code, assigned by EPA, used to
                                     identify each laboratory. The code
                                     begins with the standard two-
                                     character State postal
                                     abbreviation; the remaining five
                                     numbers are unique to each
                                     laboratory in the State.
15. 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:
                                       SE1 = represents samples
                                        collected to meet the UCMR
                                        monitoring requirement for the
                                        first sampling period (all
                                        source types).
                                       SE2 = represents samples
                                        collected to meet the UCMR
                                        monitoring requirement for the
                                        second sampling period (all
                                        source types).
                                       SE3 = represents samples
                                        collected to meet the UCMR
                                        monitoring requirement for the
                                        third sampling period (surface
                                        water and ground water under the
                                        direct influence of surface
                                        water (GWUDI) sources only).
                                       SE4 = represents samples
                                        collected to meet the UCMR
                                        monitoring requirement for the
                                        fourth sampling period (surface
                                        water and GWUDI sources only).
------------------------------------------------------------------------

Subpart E--[Amended]

0
4. Section 141.40 is revised to read as follows:

Sec.  141.40  Monitoring requirements for unregulated contaminants.

    (a) General applicability. This section specifies 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 section. 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 Sec.  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.); whether the system purchases all of its water, as
finished water, from another system; and its population served as of
June 30, 2005.
    (1) Applicability to transient non-community systems. If you own or
operate a transient non-community water system, you do not have to
monitor that system for unregulated contaminants.
    (2) Applicability to community water systems and non-transient non-
community water systems.
    (i) Large systems. If you own or operate a wholesale or retail PWS
(other than a transient non-community system) that serves more than
10,000 people, and do not purchase your entire water supply as finished
water from another PWS, 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 Sec.  141.35(b)(2) or
(c)(4).
    (A) Assessment Monitoring. You must monitor for the unregulated
contaminants on List 1 of Table 1, UCMR Contaminant List, in paragraph
(a)(3) of this section. If you serve a population of more than 10,000
people, you are required to perform this monitoring regardless of
whether you have been notified by the State or EPA.
    (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 Survey 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 small systems selected to conduct monitoring under paragraphs
(a)(2)(ii)(A) through (C) of this section. If you own or operate a PWS
(other than a transient system) that serves 10,000 or fewer people and
do not purchase your entire water supply from another PWS, you must
monitor as follows:
    (A) Assessment Monitoring. You must monitor for the unregulated
contaminants on List 1 of Table 1, in paragraph (a)(3) of this section,
if you are notified by your State or EPA that you are part of the State
Monitoring Plan for 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 monitor for the unregulated
contaminants on List 3 of Table 1, in paragraph (a)(3) of this section,
if you are notified by your State or EPA that you are part of the State
Monitoring plan for Pre-Screen Testing.
    (3) Analytes to be monitored. Lists 1, 2, and 3 of unregulated
contaminants are provided in the following table:

                                                             Table 1.--UCMR Contaminant List
                                                  [List 1: Assessment Monitoring Chemical Contaminants]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          2--CAS                                                                                6--Period during which
           1--Contaminant                registry      3--Analytical methods     4--Minimum reporting     5--Sampling location       monitoring to be
                                          number                \a\                   level \b\                   \c\                   completed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dimethoate..........................         60-51-5  EPA 527 \d\............  0.7 [mu]g/L............  EPTDS..................      1/1/2008-12/31/2010
Terbufos sulfone....................      56070-16-7  EPA 527 \d\............  0.4 [mu]g/L............  EPTDS..................      1/1/2008-12/31/2010
2,2',4,4'-tetrabromodiphenyl ether         5436-43-1  EPA 527 \d\............  0.3 [mu]g/L............  EPTDS..................      1/1/2008-12/31/2010
 (BDE-47).
2,2',4,4',5-pentabromodiphenyl ether      60348-60-9  EPA 527 \d\............  0.9 [mu]g/L............  EPTDS..................      1/1/2008-12/31/2010
 (BDE-99).
2,2',4,4',5,5'-hexabromobiphenyl          59080-40-9  EPA 527 \d\............  0.7 [mu]g/L............  EPTDS..................      1/1/2008-12/31/2010
 (HBB).
2,2',4,4',5,5'-hexabromodiphenyl          68631-49-2  EPA 527 \d\............  0.8 [mu]g/L............  EPTDS..................      1/1/2008-12/31/2010
 ether (BDE-153).
2,2',4,4',6-pentabromodiphenyl ether     189084-64-8  EPA 527 \d\............  0.5 [mu]g/L............  EPTDS..................      1/1/2008-12/31/2010
 (BDE-100).
1,3-dinitrobenzene..................         99-65-0  EPA 529 \e\............  0.8 [mu]g/L............  EPTDS..................      1/1/2008-12/31/2010
2,4,6-trinitrotoluene (TNT).........        118-96-7  EPA 529 \e\............  0.8 [mu]g/L............  EPTDS..................      1/1/2008-12/31/2010
Hexahydro-1,3,5-trinitro-1,3,5-             121-82-4  EPA 529 \e\............  1 [mu]g/L..............  EPTDS..................      1/1/2008-12/31/2010
 triazine (RDX).
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                             Table 1.--UCMR Contaminant List
                                                     [List 2: Screening Survey Chemical Contaminants
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          2--CAS                                                                                6--Period during which
           1--Contaminant                registry      3--Analytical methods     4--Minimum reporting     5--Sampling location       monitoring to be
                                          number                \a\                   level \b\                   \c\                   completed
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Acetanilide Pesticide Degradation Products
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acetochlor ESA......................     187022-11-3  EPA 535 \f\............  1 [mu]g/L..............  EPTDS..................      1/1/2008-12/31/2010
Acetochlor OA.......................     184992-44-4  EPA 535 \f\............  2 [mu]g/L..............  EPTDS..................      1/1/2008-12/31/2010
Alachlor ESA........................     142363-53-9  EPA 535 \f\............  1 [mu]g/L..............  EPTDS..................      1/1/2008-12/31/2010
Alachlor OA.........................     171262-17-2  EPA 535 \f\............  2 [mu]g/L..............  EPTDS..................      1/1/2008-12/31/2010
Metolachlor ESA.....................     171118-09-5  EPA 535 \f\............  1 [mu]g/L..............  EPTDS..................      1/1/2008-12/31/2010
Metolachlor OA......................     152019-73-3  EPA 535 \f\............  2 [mu]g/L..............  EPTDS..................      1/1/2008-12/31/2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Acetanilide Pesticide Parent Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acetochlor..........................      34256-82-1  EPA 525.2 \g\..........  2 [mu]g/L..............  EPTDS..................      1/1/2008-12/31/2010
Alachlor............................      15972-60-8  EPA 525.2 \g\..........  2 [mu]g/L..............  EPTDS..................      1/1/2008-12/31/2010
Metolachlor.........................      51218-45-2  EPA 525.2 \g\..........  1 [mu]g/L..............  EPTDS..................      1/1/2008-12/31/2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Nitrosamines
--------------------------------------------------------------------------------------------------------------------------------------------------------
N-nitrosodiethylamine (NDEA)........         55-18-5  EPA 521 \h\............  0.005 [mu]g/L..........  DSMRT and EPTDS........      1/1/2008-12/31/2010
N-nitroso-dimethylamine (NDMA)......         62-75-9  EPA 521 \h\............  0.002 [mu]g/L..........  DSMRT and EPTDS........      1/1/2008-12/31/2010
N-nitroso-di-n-butylamine (NDBA)....        924-16-3  EPA 521 \h\............  0.004 [mu]g/L..........  DSMRT and EPTDS........      1/1/2008-12/31/2010
N-nitroso-di-n-propylamine (NDPA)...        621-64-7  EPA 521 \h\............  0.007 [mu]g/L..........  DSMRT and EPTDS........      1/1/2008-12/31/2010
N-nitroso-methylethylamine (NMEA)...      10595-95-6  EPA 521 \h\............  0.003 [mu]g/L..........  DSMRT and EPTDS........      1/1/2008-12/31/2010
N-nitrosopyrrolidine (NPYR).........        930-55-2  EPA 521 \h\............  0.002 [mu]g/L..........  DSMRT and EPTDS........      1/1/2008-12/31/2010
Reserved \i\........................    Reserved \i\  Reserved \i\...........  Reserved \i\...........  Reserved \i\...........             Reserved \i\
--------------------------------------------------------------------------------------------------------------------------------------------------------
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: The value and unit of measure at or above which the concentration of the contaminant must be measured using the approved
  analytical methods.
5--Sampling Location: The locations within a PWS at which samples must be collected.
6--Period During Which Monitoring to Be Completed: The dates during which the sampling and testing are to occur for the indicated contaminant.

 The analytical procedures shall be performed in accordance with the documents associated with each method (per the following footnotes). The
  incorporation by reference of the following documents listed in footnotes d--h was approved by the Director of the Federal Register in accordance with
  5 U.S.C. 552(a) and 1 CFR part 51. Information on how to obtain these documents can be provided by the Safe Drinking Water Hotline at<PHONE_NUMBER>.
  Documents may be inspected at EPA's Drinking Water Docket, 1301 Constitution Avenue, NW., EPA West, Room B102, Washington, DC 20460, Telephone: (202)
  566-2426; or at the National Archives and Records Administration (NARA). For information on availability of this material at NARA, call<PHONE_NUMBER>,
  or go to:http://www.archives.gov/federal-register/index.html.

\a\ The version of the EPA methods which you must follow for this Regulation are listed in d--h as follows.
\b\ The Minimum Reporting Level (MRL) was established by EPA by adding the mean of the Lowest Concentration Minimum Reporting Levels (LCMRL) determined
  according to the procedure detailed in ``Statistical Protocol for the Determination of The Single-Laboratory Lowest Concentration Minimum Reporting
  Level (LCMRL) and Validation of the Minimum Reporting Level (MRL)'' by the primary and secondary laboratories conducting the development and
  validation of the analytical method to three times the difference of the LCMRLs. If LCMRL data from three or more laboratories were available, the MRL
  was established by EPA by adding three times the standard deviation of the LCMRLs to the mean of the LCMRLs. Note that EPA Method 525.2 was developed
  prior to UCMR 2, hence the LCMRLs were not determined for analytes determined by this method.
\c\ Sampling must occur at entry points to the distribution system (EPTDSs) after treatment is applied that represent each non-emergency water source in
  routine use over the 12-month period of monitoring. See 40 CFR 141.35(c)(3) for an explanation of the requirements related to use of representative
  EPTDSs. Sampling for nitrosamines on List 2 must also occur at the disinfection byproduct distribution system maximum residence time (DSMRT) sampling
  locations as defined in 40 CFR 141.132(b)(1)(i) and at EPTDS sampling locations. If a treatment plant/water source is not subject to the sampling
  required in 40 CFR 141.132(b)(1), then the samples for nitrosamines must be collected only at the EPTDS location(s).
\d\ EPA Method 527 ``Determination of Selected Pesticides and Flame Retardants in Drinking Water by Solid Phase Extraction and Capillary Column Gas
  Chromatography/Mass Spectrometry (GC/MS),'' Revision 1.0, April 2005 is available at http://www.epa.gov/safewater/methods/sourcalt.html.

\e\ EPA Method 529 ``Determination of Explosives and Related Compounds in Drinking Water by Solid Phase Extraction and Capillary Column Gas
  Chromatography/Mass Spectrometry (GC/MS),'' Revision 1.0, September 2002 is available at http://www.epa.gov/nerlcwww/ordmeth.htm.

\f\ EPA Method 535 `` Measurement of Chloroacetanilide and Other Acetamide Herbicide Degradates in Drinking Water by Solid Phase Extraction and Liquid
  Chromatography/Tandem Mass Spectrometry (LC/MS/MS),'' Version 1.1, April 2005 is available at http://www.epa.gov/nerlcwww/ordmeth.htm.

\g\ EPA Method 525.2 ``Determination of Organic Compounds in Drinking Water by Liquid-Solid Extraction and Capillary Column Gas Chromatography/Mass
  Spectrometry,'' Revision 2.0, 1995 is available at http://www.NEMI.gov.

\h\ EPA Method 521 ``Determination of Nitrosamines in Drinking Water by Solid Phase Extraction and Capillary Column Gas Chromatography with Large Volume
  Injection and Chemical Ionization Tandem Mass Spectrometry (MS/MS),'' Version 1.0, September 2004 is available at http://www.epa.gov/nerlcwww/
  ordmeth.htm.

\i\ To be determined at a later time.

    (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 State, or the schedule
that you revised using EPA's electronic data reporting system on or
before August 2, 2007. Your schedule must follow both the timing and
frequency of monitoring specified in Tables 1 and 2 of this section.
    (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 this section. EPA or your State will specify the month(s) and
year(s) in which your monitoring must occur. As specified in Sec.
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, with the following exception. For the second round of
ground water 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 five to seven
month window specified the Table 2, in this paragraph), you must notify
EPA as specified in Sec.  141.35(c)(5).

                      Table 2.--Monitoring Frequency by Contaminant and Water Source Types
----------------------------------------------------------------------------------------------------------------
          Contaminant type                Water source type             Time frame               Frequency
----------------------------------------------------------------------------------------------------------------
Chemical...........................  Surface water or ground      12 months.............  You must monitor for 4
                                      water under the direct                               consecutive quarters.
                                      influence of surface water                           Sample events must
                                      (GWUDI) (includes all                                occur 3 months apart.
                                      sampling locations for
                                      which some or all of the
                                      water comes from a surface
                                      water or GWUDI source at
                                      any time during the 12
                                      month monitoring period).
                                     Ground water...............  12 months.............  You must monitor twice
                                                                                in a consecutive 12-
                                                                                month period. Sample
                                                                                events must occur 5-7
                                                                                months apart.
----------------------------------------------------------------------------------------------------------------

    (C) Location. You must collect samples for each List 1 Assessment
Monitoring contaminant, and, if applicable, for each List 2 Screening
Survey, or List 3 Pre-Screen Testing contaminant, as specified in Table
1, in paragraph (a)(3) of this section. Samples must be collected at
each sample point that is specified in column 5 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 specified in Sec.
141.35(c)(3), you must collect your samples from the approved
representative sampling location(s). Systems conducting Screening
Survey monitoring must also sample for nitrosamines at the disinfection
byproduct distribution system maximum residence time (DSMRT) sampling
location(s) if they are subject to sampling requirements in Sec.
141.132(b)(1).
    (D) Sampling instructions. For each List 1 Assessment Monitoring
contaminant, and, if applicable, for each List 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 blend) the samples; you must collect and preserve each
sample separately. Samples collected for the analysis of Acetanilide
``parent'' pesticides and their degradation products (Methods 525.2 and
535) must be collected at the same sampling point, at the same time.
    (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 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 and received at the laboratory at the required temperature,
unless you have made special arrangements 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 paragraph
(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; and 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.
    (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, approve, and submit the system
information, and sample collection data and test results. You must
report the results as provided in Sec.  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 Monitoring Plan for Assessment
Monitoring, Screening Survey or Pre-Screen monitoring, you must comply
with the requirements specified in paragraphs (a)(4)(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 both 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, instructions 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 materials 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 shipment. 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
sample reporting form, as specified in Sec.  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) 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 two 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
sampling forms and bottles sent to you by the UCMR Sampling
Coordinator, including data elements listed in Sec.  141.35(e) for each
sample. If you are conducting Assessment Monitoring, you must include
elements 1 through 5, and 7; and if you are conducting Screening
Survey, you must include elements 1 through 7. You must sign and date
the sampling forms.
    (H) Sample collection and shipping. You must collect 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 and 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
samples and the sampling forms to the laboratory designated on the air
bill.
    (5) Quality control requirements. 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 control 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 for Lists 1, List 2 and List 3. To be
approved to conduct UCMR testing, the laboratory must be certified
under Sec.  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 in column 3 of Table 1 in paragraph (a)(3) of this
section for List 1, List 2, and List 3 contaminants. 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 by April 4,
2007. Correspondence must be addressed to: UCMR 2 Laboratory Approval
Coordinator, USEPA, Technical Support Center, 26 West Martin Luther
King Drive (MS 140), Cincinnati, OH 45268; or e-mailed to EPA at
<EMAIL_ADDRESS>
    (iii) Minimum Reporting Level. The MRL is the lowest analyte
concentration for which future recovery is predicted to fall, with high
confidence (at least 99%), between 50% and 150% recovery.
    (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 performed. The procedure for initial validation
of laboratory performance at or below the MRL is as follows:
    (1) All laboratories using EPA drinking water methods under UCMR
must demonstrate that they are capable of meeting data quality
objectives (DQOs) at or below the MRL listed 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 range 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
unweighted 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:
[GRAPHIC] [TIFF OMITTED] TR04JA07.000

Where:

t is the Student's t value with df degrees of freedom and confidence
level (1-[alpha]),
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 average (mean) of at
least seven replicates; and the sample standard deviation. Factor 1 is
referred to as the Half Range PIR (HRPIR).
[GRAPHIC] [TIFF OMITTED] TR04JA07.001

For a certain number of replicates and for a certain confidence level
in Student's t, this factor
[GRAPHIC] [TIFF OMITTED] TR04JA07.002

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:
    [GRAPHIC] [TIFF OMITTED] TR04JA07.003

    (7) The PIR is calculated by Equation 3:
    [GRAPHIC] [TIFF OMITTED] TR04JA07.004

    Table 3.--The Constant Factor (C) to be Multiplied by the Standard Deviation to Determine the Half Range
                           Interval of the PIR (Student's t 99% Confidence Level) \a\
----------------------------------------------------------------------------------------------------------------
                                                                            Constant factor (C) to be multiplied
             Replicates                        Degrees of freedom                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.

    (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%), laboratory 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
performance 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 allowed. 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 each 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 daily 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 validated. 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
and 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
this section. LFSM/LFSMD samples must be prepared using a sample
collected and analyzed in accordance with UCMR 2 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 sets. The
first set must be fortified at either the low-level or mid-level, and
the second set must be fortified with the other standard, either the
low-level or mid-level, whichever was not used for the initial LFSM/
LFSMD 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 [mu]g/L the acceptable fortification levels must be between
0.5 [mu]g/L and 1.5 [mu]g/L). The mid-level LFSM/LFSMD fortification
concentration must be within 20% of the mid-level
calibration standard for each contaminant, and should represent, where
possible and where the laboratory has data from previously analyzed
samples, an approximate average concentration observed in previous
analyses of that analyte. There are no acceptance criteria specified
for LFSM/LFSMD analyses. All LFSM/LFSMD data are to be reported.
    (v) Method defined quality control. You must ensure that 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 criteria for these QC checks.
    (vi) Reporting. You must ensure that your laboratory reports the
analytical results and other data, with the required data listed in
Table 1, in Sec.  141.35(e). 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://www.epa.gov/safewater/ucmr/ucmr2/reporting.html
), within 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's posting to EPA's electronic reporting system, the data
will be considered approved and final for State and EPA review.
    (6) Violation of this rule.
    (i) Monitoring violations. Any failure to monitor in accordance
with Sec.  141.40(a)(3)-(5) is a monitoring violation.
    (ii) Reporting violations. Any failure to report in accordance with
Sec.  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 any
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 any 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 waivers. 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
information: 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, and 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 whether it accepts or rejects the request. The State must receive
written approval from EPA before issuing a State-wide waiver.

PART 142--NATIONAL PRIMARY DRINKING WATER REGULATIONS
IMPLEMENTATION

0
6. The authority citation for part 142 continues to read as follows:

    Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.

Subpart B--[Amended]

0
7. Section 142.16 is amended by revising paragraph (e) introductory
text to read as follows:

Sec.  142.16  Special primacy requirements.

* * * * *
    (e) An application for approval of a State program revision which
adopts the requirements specified in Sec. Sec.  141.11, 141.23, 141.24,
141.32, 141.61, and 141.62 for a newly regulated contaminant must
contain the following (in addition to the general primacy requirements
enumerated elsewhere in this part, including the requirement that State
regulations be at least as stringent as the Federal requirements):
* * * * *
 [FR Doc. E6-22123 Filed 1-3-07; 8:45 am]

BILLING CODE 6560-50-P