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86 FR 73131 Revisions to the Unregulated Contaminant Monitoring Rule (UCMR 5) for Public Water Systems and Announcement of Public Meetings

2021-12-27T06:00:00Z

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 141

[EPA-HQ-OW-2020-0530; FRL-6791-03-OW]

RIN 2040-AF89

Revisions to the Unregulated Contaminant Monitoring Rule (UCMR 5) for Public Water Systems and Announcement of Public Meetings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and notice of public meetings.

SUMMARY: The U.S. Environmental Protection Agency (EPA) is finalizing a Safe Drinking Water Act (SDWA) rule that requires certain public water systems (PWSs) to collect national occurrence data for 29 per- and polyfluoroalkyl substances (PFAS) and lithium. Subject to the availability of appropriations, EPA will include all systems serving 3,300 or more people and a representative sample of 800 systems serving 25 to 3,299 people. If EPA does not receive the appropriations needed for monitoring all of these systems in a given year, EPA will reduce the number of systems serving 25 to 10,000 people that will be asked to perform monitoring. This final rule is a key action to ensure science-based decision-making and prioritize protection of disadvantaged communities in accordance with EPA's PFAS Strategic Roadmap. EPA is also announcing plans for public webinars to discuss implementation of the fifth Unregulated Contaminant Monitoring Rule (UCMR 5).

DATES: This final rule is effective on January 26, 2022. The incorporation by reference of certain publications listed in this final rule is approved by the Director of the Federal Register as of January 26, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-OW-2020-0530. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Brenda D. Bowden, Standards and Risk Management Division (SRMD), Office of Ground Water and Drinking Water (OGWDW) (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; telephone number: (513) 569-7961; email address: bowden.brenda@epa.gov; or Melissa Simic, SRMD, OGWDW (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; telephone number: (513) 569-7864; email address: simic.melissa@epa.gov. For general information, visit the Ground Water and Drinking Water web page at: https://www.epa.gov/ground-water-and-drinking-water.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary Information

A. Purpose of the Regulatory Action

1. What action is EPA taking?

2. Does this action apply to me?

3. What is EPA's authority for taking this action?

4. What is the applicability date?

B. Summary of the Regulatory Action

C. Economic Analysis

1. What is the estimated cost of this action?

2. What are the benefits of this action?

II. Public Participation

A. What meetings have been held in preparation for UCMR 5?

B. How do I participate in the upcoming meetings?

1. Meeting Participation

2. Meeting Materials

III. General Information

A. How are CCL, UCMR, Regulatory Determination process, and NCOD interrelated?

B. What are the Consumer Confidence Reporting and Public Notice Reporting requirements for public water systems that are subject to UCMR?

C. What is the UCMR 5 timeline?

D. What is the role of “States” in UCMR?

E. How did EPA consider Children's Environmental Health?

F. How did EPA address Environmental Justice?

G. How did EPA coordinate with Indian Tribal Governments?

H. How are laboratories approved for UCMR 5 analyses?

1. Request To Participate

2. Registration

3. Application Package

4. EPA's Review of Application Package

5. Proficiency Testing

6. Written EPA Approval

I. What documents are being incorporated by reference?

1. Methods From the U.S. Environmental Protection Agency

2. Alternative Methods From American Public Health Association—Standard Methods (SM)

3. Methods From ASTM International

IV. Description of Final Rule and Summary of Responses to Public Comments

A. What contaminants must be monitored under UCMR 5?

1. This Final Rule

2. Summary of Major Comments and EPA Responses

a. Aggregate PFAS Measure

b. Legionella Pneumophila

c. Haloacetonitriles

d. 1,2,3-Trichloropropane

B. What is the UCMR 5 sampling design?

1. This Final Rule

2. Summary of Major Comments and EPA Responses

C. What is the sampling frequency and timing?

1. This Final Rule

2. Summary of Major Comments and EPA Responses

D. Where are the sampling locations and what is representative monitoring?

1. This Final Rule

2. Summary of Major Comments and EPA Responses

E. How long do laboratories and PWSs have to report data?

1. This Final Rule

2. Summary of Major Comments and EPA Responses

F. What are the reporting requirements for UCMR 5?

1. This Final Rule

2. Summary of Major Comments and EPA Responses

a. Data Elements

b. Reporting State Data

G. What are the UCMR 5 Minimum Reporting Levels (MRLs) and how were they determined?

1. This Final Rule

2. Summary of Major Comments and EPA Responses

H. What are the requirements for laboratory analysis of field reagent blank samples?

1. This Final Rule

2. Summary of Major Comments and EPA Responses

I. How will EPA support risk communication for UCMR 5 results?

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

B. Paperwork Reduction Act (PRA)

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

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

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

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

K. Congressional Review Act (CRA)

VI. References

Abbreviations and Acronyms

μg/L Microgram per Liter

11Cl-PF3OUdS 11-chloroeicosafluoro-3-oxaundecane-1-sulfonic Acid

4:2 FTS 1H, 1H, 2H, 2H-perfluorohexane Sulfonic Acid

6:2 FTS 1H, 1H, 2H, 2H-perfluorooctane Sulfonic Acid

8:2 FTS 1H, 1H, 2H, 2H-perfluorodecane Sulfonic Acid

9Cl-PF3ONS 9-chlorohexadecafluoro-3-oxanone-1-sulfonic Acid

ADONA 4,8-dioxa-3H-perfluorononanoic Acid

AES Atomic Emission Spectrometry

ASDWA Association of State Drinking Water Administrators

ASTM ASTM International

AWIA America's Water Infrastructure Act of 2018

CASRN Chemical Abstracts Service Registry Number

CBI Confidential Business Information

CCL Contaminant Candidate List

CCR Consumer Confidence Report

CFR Code of Federal Regulations

CRA Congressional Review Act

CWS Community Water System

DBP Disinfection Byproduct

DWSRF Drinking Water State Revolving Fund

EPA United States Environmental Protection Agency

EPTDS Entry Point to the Distribution System

FR Federal Register

FRB Field Reagent Blank

GW Ground Water

GWRMP Ground Water Representative Monitoring Plan

HFPO-DA Hexafluoropropylene Oxide Dimer Acid (GenX)

HRL Health Reference Level

ICP Inductively Coupled Plasma

ICR Information Collection Request

IDC Initial Demonstration of Capability

LCMRL Lowest Concentration Minimum Reporting Level

LC/MS/MS Liquid Chromatography/Tandem Mass Spectrometry

MDBP Microbial and Disinfection Byproduct

MRL Minimum Reporting Level

NAICS North American Industry Classification System

NCOD National Contaminant Occurrence Database

NDAA National Defense Authorization Act for Fiscal Year 2020

NEtFOSAA N-ethyl Perfluorooctanesulfonamidoacetic Acid

NFDHA Nonafluoro‐3,6‐dioxaheptanoic Acid

ng/L Nanogram per Liter

NMeFOSAA N-methyl Perfluorooctanesulfonamidoacetic Acid

NPDWR National Primary Drinking Water Regulation

NTNCWS Non-transient Non-community Water System

NTTAA National Technology Transfer and Advancement Act

NTWC National Tribal Water Council

OGWDW Office of Ground Water and Drinking Water

OMB Office of Management and Budget

PFAS Per- and Polyfluoroalkyl Substances

PFBA Perfluorobutanoic Acid

PFBS Perfluorobutanesulfonic Acid

PFDA Perfluorodecanoic Acid

PFDoA Perfluorododecanoic Acid

PFEESA Perfluoro (2‐ethoxyethane) Sulfonic Acid

PFHpA Perfluoroheptanoic Acid

PFHpS Perfluoroheptanesulfonic Acid

PFHxA Perfluorohexanoic Acid

PFHxS Perfluorohexanesulfonic Acid

PFMBA Perfluoro‐4‐methoxybutanoic Acid

PFMPA Perfluoro‐3‐methoxypropanoic Acid

PFNA Perfluorononanoic Acid

PFOA Perfluorooctanoic Acid

PFOS Perfluorooctanesulfonic Acid

PFPeA Perfluoropentanoic Acid

PFPeS Perfluoropentanesulfonic Acid

PFTA Perfluorotetradecanoic Acid

PFTrDA Perfluorotridecanoic Acid

PFUnA Perfluoroundecanoic Acid

PN Public Notice

PRA Paperwork Reduction Act

PT Proficiency Testing

PWS Public Water System

QC Quality Control

RFA Regulatory Flexibility Act

SBA Small Business Administration

SBREFA Small Business Regulatory Enforcement Fairness Act

SDWA Safe Drinking Water Act

SDWARS Safe Drinking Water Accession and Review System

SDWIS/Fed Safe Drinking Water Information System Federal Reporting Services

SM Standard Methods for the Examination of Water and Wastewater

SOP Standard Operating Procedure

SPE Solid Phase Extraction

SRMD Standards and Risk Management Division

SW Surface Water

SWTR Surface Water Treatment Rule

TNCWS Transient Non-community Water System

TOF Total Organic Fluorine

TOP Total Oxidizable Precursors

UCMR Unregulated Contaminant Monitoring Rule

UMRA Unfunded Mandates Reform Act of 1995

U.S. United States

USEPA United States Environmental Protection Agency

I. Summary Information

A. Purpose of the Regulatory Action

1. What action is EPA taking?

This final rule requires certain public water systems (PWSs), described in section I.A.2 of this preamble, to collect national occurrence data for 29 PFAS and lithium. PFAS and lithium are not currently subject to national primary drinking water regulations, and EPA is requiring collection of data under UCMR 5 to inform EPA regulatory determinations and risk-management decisions. Consistent with EPA's PFAS Strategic Roadmap, UCMR 5 will provide new data critically needed to improve EPA's understanding of the frequency that 29 PFAS (and lithium) are found in the nation's drinking water systems and at what levels. This data will ensure science-based decision-making and help prioritize protection of disadvantaged communities.

2. Does this action apply to me?

This final rule applies to PWSs described in this section. PWSs are systems that provide water for human consumption through pipes, or constructed conveyances, to at least 15 service connections or that regularly serve an average of at least 25 individuals daily at least 60 days out of the year. A community water system (CWS) is a PWS that has at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. A non-transient non-community water system (NTNCWS) is a PWS that is not a CWS and that regularly serves at least 25 of the same people over 6 months per year. Under this final rule, all large CWSs and NTNCWSs serving more than 10,000 people are required to monitor. In addition, small CWSs and NTNCWSs serving between 3,300 and 10,000 people are required to monitor (subject to available EPA appropriations and EPA notification of such requirement) as are the PWSs included in a nationally representative sample of CWSs and NTNCWSs serving between 25 and 3,299 people (see “Selection of Nationally Representative Public Water Systems for the Unregulated Contaminant Monitoring Rule: 2021 Update” for a description of the statistical approach for EPA's selection of the nationally representative sample (USEPA, 2021a), available in the UCMR 5 public docket). EPA expects to clarify the monitoring responsibilities for affected small systems by approximately July 1 of each year preceding sample collection, based on the availability of appropriations each year.

As in previous UCMRs, transient non-community water systems (TNCWSs) ( i.e., non-community water systems that do not regularly serve at least 25 of the same people over 6 months per year) are not required to monitor under UCMR 5. EPA leads UCMR 5 monitoring as a direct-implementation program. States, Territories, and Tribes with primary enforcement responsibility (primacy) to administer the regulatory program for PWSs under SDWA (hereinafter collectively referred to in this document as “states”), can participate in the implementation of UCMR 5 through voluntary Partnership Agreements (see discussion of Partnership Agreements in Section III.D of this preamble). Under Partnership Agreements, states can choose to be involved in various aspects of UCMR 5 monitoring for PWSs they oversee; however, the PWS remains responsible for compliance with the final rule. Potentially regulated categories and entities are identified in the following table.

CategoryExamples of potentially regulated entitiesNAICS *
* NAICS = North American Industry Classification System.
State, local, & Tribal governmentsState, local, and Tribal governments that analyze water samples on behalf of PWSs required to conduct such analysis; State, local, and Tribal governments that directly operate CWSs and NTNCWSs required to monitor924110
IndustryPrivate operators of CWSs and NTNCWSs required to monitor221310
MunicipalitiesMunicipal operators of CWSs and NTNCWSs required to monitor924110

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is aware could potentially be regulated by this action. Other types of entities not listed in the table could also be regulated. To determine whether your entity is regulated by this action, you should carefully examine the definition of PWS found in Title 40 in the Code of Federal Regulations (CFR) at 40 CFR 141.2 and 141.3, and the applicability criteria found in 40 CFR 141.40(a)(1) and (2). If you have questions regarding the applicability of this action to a particular entity, please consult the contacts listed in the preceding FOR FURTHER INFORMATION CONTACT section of this preamble.

3. What is EPA's authority for taking this action?

As part of EPA's responsibilities under SDWA, the agency implements section 1445(a)(2), Monitoring Program for Unregulated Contaminants. This section, as amended in 1996, requires that once every five years, beginning in August 1999, EPA issue a list of not more than 30 unregulated contaminants to be monitored by PWSs. SDWA requires that EPA enter the monitoring data into the agency's publicly available National Contaminant Occurrence Database (NCOD) at https://www.epa.gov/sdwa/national-contaminant-occurrence-database-ncod.

EPA must vary the frequency and schedule for monitoring based on the number of people served, the source of supply, and the contaminants likely to be found. EPA is using SDWA Section 1445(a)(2) authority as the basis for monitoring the unregulated contaminants under this final rule.

Section 2021 of America's Water Infrastructure Act of 2018 (AWIA) (Pub. L. 115-270) amended SDWA and specifies that, subject to the availability of EPA appropriations for such purpose and sufficient laboratory capacity, EPA's UCMR program must require all PWSs serving between 3,300 and 10,000 people to monitor for the contaminants in a particular UCMR cycle, and ensure that only a nationally representative sample of systems serving between 25 and 3,299 people are required to monitor for those contaminants. EPA has developed this final rule anticipating that necessary appropriations will become available; however, to date, Congress has not appropriated additional funding ( i.e., funding in addition to the $2.0 million that EPA has historically set aside each year from the Drinking Water State Revolving Fund, using SDWA authority, to support UCMR monitoring at small systems) to cover monitoring expenses for all PWSs serving between 3,300 and 10,000 people. Provisions in the final rule enable the agency to adjust the number of these systems that must monitor based upon available appropriations.

AWIA did not amend the original SDWA requirements for large PWSs. Therefore, PWSs serving a population larger than 10,000 people continue to be responsible for participating in UCMR.

Section 7311 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA) (Pub. L. 116-92) amended SDWA and specifies that EPA shall include all PFAS in UCMR 5 for which a drinking water method has been validated by the Administrator and that are not subject to a national primary drinking water regulation.

4. What is the applicability date?

The applicability date represents an internal milestone used by EPA to determine if a PWS is included in the UCMR program and whether it will be treated as small ( i.e., serving 25 to 10,000 people) or large ( i.e., serving more than 10,000 people). It does not represent a date by which respondents need to take any action. The determination of whether a PWS is required to monitor under UCMR 5 is based on the type of system ( e.g., CWS, NTNCWS, etc.) and its retail population served, as indicated by the Safe Drinking Water Information System Federal Reporting Services (SDWIS/Fed) inventory on February 1, 2021. SDWIS/Fed can be accessed at https://www.epa.gov/ground-water-and-drinking-water/safe-drinking-water-information-system-sdwis-federal-reporting. Examining water system type and population served as of February 1, 2021 allowed EPA to develop a draft list of PWSs tentatively subject to UCMR 5 and share that list with the states during 2021 for their review. This advance planning and review then allowed EPA to load state-reviewed PWS information into EPA's reporting system so that those PWSs can be promptly notified upon publication of this final rule. If a PWS receives such notification and believes it has been erroneously included in UCMR 5 based on an incorrect retail population, the system should contact their state authority to verify its population served as of the applicability date. If an error impacting rule applicability is identified, the state or the PWS may contact EPA to address the error. The 5-year UCMR 5 cycle spans January 2022 through December 2026, with preparations in 2022, sample collection between January 1, 2023, and December 31, 2025, and completion of data reporting in 2026. By approximately July 1 of the year prior to each year's sample collection ( i.e., by July 1, 2022 for 2023 sampling; by July 1, 2023 for 2024 sampling; and by July 1, 2024 for 2025 sampling) EPA expects to determine whether it has received necessary appropriations to support its plan to monitor at all systems serving between 3,300 and 10,000 people and at a representative group of 800 smaller systems. As EPA finalizes its small-system plan for each sample collection year, the agency will notify the small PWSs accordingly.

B. Summary of the Regulatory Action

EPA is requiring certain PWSs to collect occurrence data for 29 PFAS and lithium. This document addresses key aspects of UCMR 5, including the following: Analytical methods to measure the contaminants; laboratory approval; monitoring timeframe; sampling locations; data elements ( i.e., information required to be collected along with the occurrence data); data reporting timeframes; monitoring cost; public participation; conforming and editorial changes, such as those necessary to remove requirements solely related to UCMR 4; and EPA responses to public comments on the proposed rule. This document also discusses the implication for UCMR 5 of the AWIA Section 2021(a) requirement that EPA collect monitoring data from all systems serving more than 3,300 people “subject to the availability of appropriations.”

Regardless of whether EPA is able to carry out the small-system monitoring as planned, or instead reduces the scope of that monitoring, the small-system data collection, coupled with data collection from all systems serving more than 10,000 people under this action, will provide scientifically valid data on the national occurrence of 29 PFAS and lithium in drinking water. The UCMR data are the primary source of national occurrence data that EPA uses to inform regulatory and other risk management decisions for drinking water contaminant candidates.

EPA is required under SDWA Section 1445(a)(2)(C)(ii) to pay the “reasonable cost of such testing and laboratory analysis” for all applicable PWSs serving 25 to 10,000 people. Consistent with AWIA, EPA will require monitoring at as many systems serving 3,300 to 10,000 people as appropriations support (see Section IV.B of this preamble for more information on the agency's sampling design).

The agency received several public comments expressing concern that significant laboratory capacity will be needed to support the full scope envisioned for UCMR 5 PFAS monitoring. EPA anticipates that sufficient laboratory capacity will exist to support the expanded UCMR 5 scope. EPA's experience over the first four cycles of UCMR implementation has been that laboratory capacity quickly grows to meet UCMR demand. EPA also notes that the number of laboratories successfully participating in the early stages of the UCMR 5 laboratory approval program is a good indicator that there will be a robust national network of laboratories experienced in PFAS drinking water analysis.

By early 2022, EPA will notify all small CWSs and NTNCWSs serving between 3,300 and 10,000 people of their anticipated requirement to monitor, which EPA expects to confirm and schedule by July 1 preceding each collection year based on the availability of appropriations. The nationally representative sample of smaller PWSs described in Section I.A of this preamble will be similarly notified and advised of their schedules.

This final rule addresses the requirements of the NDAA by including all 29 PFAS that are within the scope of EPA Methods 533 and 537.1. Both of these methods have been validated by EPA for drinking water analysis.

C. Economic Analysis

1. What is the estimated cost of this action?

EPA estimates the total average national cost of this action would be $21 million per year over the 5-year effective period of the final rule (2022-2026) assuming EPA collects information from all systems serving between 3,300 and 10,000 people. All of these costs are associated with paperwork burden under the Paperwork Reduction Act (PRA). EPA discusses the expected costs as well as documents the assumptions and data sources used in the preparation of this estimate in the “Information Collection Request for the Final Unregulated Contaminant Monitoring Rule (UCMR 5)” (USEPA, 2021b). Costs are incurred by large PWSs (for sampling and analysis); small PWSs (for sampling); state regulatory agencies ( i.e., those who volunteer to assist EPA with oversight and implementation support); and EPA (for regulatory support and oversight activities, and analytical and shipping costs for samples from small PWSs). These costs are also summarized in Exhibit 1 of this preamble. EPA's estimates are based on executing the full monitoring plan for small systems ( i.e., including all systems serving 3,300 to 10,000 people and a representative group of 800 smaller systems). As such, those estimates represent an upper bound. If EPA does not receive the necessary appropriations in one or more of the collections years—and thus collects data from fewer small systems—the actual costs would be lower than those estimated here.

EPA received several comments on the cost of monitoring. EPA has accounted for the cost/burden associated with all of the PWS activities as part of the comprehensive cost/burden estimates. In order to provide the most accurate and updated cost estimate, EPA re-examined labor burden estimates for states, EPA, and PWS activities and updated costs of laboratory services for sample analysis, based on consultations with national drinking water laboratories, when developing this final rule.

The costs for a particular UCMR cycle are heavily influenced by the selection of contaminants and associated analytical methods. EPA identified three EPA-developed analytical methods (and, in the case of lithium, multiple optional alternative methods) to analyze samples for UCMR 5 contaminants. EPA's estimate of the UCMR 5 analytical cost is $740 per sample set ( i.e., $740 to analyze a set of samples from one sample point and one sample event for the 30 UCMR 5 contaminants).

Exhibit 1 of this preamble details the EPA-estimated annual average national costs (accounting for labor and non-labor expenses). Laboratory analysis and sample shipping account for approximately 65 percent of the estimated total national cost for the implementation of UCMR 5. EPA estimated laboratory costs based on consultations with multiple commercial drinking water testing laboratories. EPA's cost estimates for the laboratory methods include shipping and analysis.

EPA expects that states will incur modest labor costs associated with voluntary assistance with the implementation of UCMR 5. EPA estimated state costs using the relevant assumptions from the State Resource Model developed by the Association of State Drinking Water Administrators (ASDWA) (ASDWA, 2013) to help states forecast resource needs. Model estimates were adjusted to account for actual levels of state participation under UCMR 4. State assistance with EPA's implementation of UCMR 5 is voluntary; thus, the level of effort is expected to vary among states and will depend on their individual agreements with EPA.

EPA assumes that one-third of the systems will collect samples during each of the three sample-collection years from January 2023 through December 2025.

Exhibit 1—Estimated Average Annual Costs of UCMR 5 1
EntityAverage annual cost (million) (2022-2026) 2
1 Based on the scope of small-system monitoring described in AWIA.
2 Totals may not equal the sum of components due to rounding.
3 Labor costs pertain to PWSs, states, and EPA. Costs include activities such as reading the final rule, notifying systems selected to participate, sample collection, data review, reporting, and record keeping.
4 Non-labor costs will be incurred primarily by EPA and by large and very large PWSs. They include the cost of shipping samples to laboratories for testing and the cost of the laboratory analyses.
5 For a typical UCMR program that involves the expanded scope prescribed by AWIA, EPA estimates an average annual cost to the agency of $17M/year (over a 5-year cycle) ($2M/year for the representative sample of 800 PWSs serving between 25 and 3,299 people and $15M/year for all PWSs serving between 3,300 and 10,000 people). The projected cost to EPA for UCMR 5 implementation is lower than for a typical UCMR program because of lower sample analysis expenses. Those lower expenses are a result of analytical method efficiencies ( i.e., being able to monitor for 30 chemicals with only three analytical methods).
Small PWSs (25-10,000), including labor 3 only (non-labor costs 4 paid for by EPA)$0.3
Large PWSs (10,001-100,000), including labor and non-labor costs7.0
Very Large PWSs (100,001 and greater), including labor and non-labor costs2.2
States, including labor costs related to implementation coordination0.8
EPA, including labor for implementation and non-labor for small system testing5 10.5
Average Annual National Total20.8

Additional details regarding EPA's cost assumptions and estimates can be found in the Information Collection Request (ICR) (USEPA, 2021b), ICR Number 2040-0304, which presents estimated cost and labor hours for the 5-year UCMR 5 period of 2022-2026. Copies of the ICR may be obtained from the EPA public docket for this final rule under Docket ID No. EPA-HQ-OW-2020-0530.

2. What are the benefits of this action?

The public benefits from the information about whether or not unregulated contaminants are present in their drinking water. If contaminants are not found, consumer confidence in their drinking water should improve. If contaminants are found, related health effects may be avoided when subsequent actions, such as regulations, are implemented, reducing or eliminating those contaminants.

II. Public Participation

A. What meetings have been held in preparation for UCMR 5?

EPA held three public meetings on UCMR 5 over the period of 2018 through 2021. EPA held a meeting focused on drinking water methods for unregulated contaminants on June 6, 2018, in Cincinnati, Ohio. Representatives from state agencies, laboratories, PWSs, environmental organizations, and drinking water associations joined the meeting via webinar and in person. Meeting topics included an overview of regulatory process elements (including the Contaminant Candidate List (CCL), UCMR, and Regulatory Determination), and drinking water methods under development (see USEPA, 2018 for presentation materials). EPA held a second meeting on July 16, 2019, in Cincinnati, Ohio. Representatives from State agencies, Tribes, laboratories, PWSs, environmental organizations, and drinking water associations participated in the meeting via webinar and in person. Meeting topics included the impacts of AWIA, analytical methods and contaminants being considered by EPA, potential sampling design, and other possible aspects of the UCMR 5 approach (see USEPA, 2019a for meeting materials). EPA held two identical virtual meetings on April 6 and 7, 2021, during the public comment period for the proposed rule (see USEPA, 2021c for presentation materials). Topics included the proposed UCMR 5 monitoring requirements, analyte selection and rationale, analytical methods, the laboratory approval process, and ground water representative monitoring plans (GWRMPs). Representatives of state agencies, laboratories, PWSs, environmental organizations, and drinking water associations participated in the meeting via webinar. In Section II.B of this preamble, the agency is announcing additional meetings to be held in 2022, which will assist with implementation.

B. How do I participate in the upcoming meetings?

EPA will hold multiple virtual meetings during 2022 to discuss UCMR 5 implementation planning, data reporting using Safe Drinking Water Accession and Review System (SDWARS), and best practices for sample collection. Dates and times of the upcoming meetings will be posted on EPA's website at https://www.epa.gov/dwucmr/unregulated-contaminant-monitoring-rule-ucmr-meetings-and-materials. EPA anticipates hosting the meetings focused on implementation planning in spring 2022, and the SDWARS and sample-collection meetings in fall 2022. Stakeholders who have participated in past UCMR meetings and/or those who register to use SDWARS will receive notification of these events. Other interested stakeholders are also welcome to participate.

1. Meeting Participation

Those who wish to participate in the public meetings, via webinar, can find information on how to register at https://www.epa.gov/dwucmr/unregulated-contaminant-monitoring-rule-ucmr-meetings-and-materials. The number of webinar connections available for the meetings are limited and will be available on a first-come, first-served basis. If stakeholder interest results in exceeding the maximum number of available connections for participants in upcoming webinar offerings, EPA may schedule additional webinars, with dates and times posted on EPA's Unregulated Contaminant Monitoring Program Meetings and Materials web page at https://www.epa.gov/dwucmr/unregulated-contaminant-monitoring-rule-ucmr-meetings-and-materials.

2. Meeting Materials

EPA expects to send meeting materials by email to all registered participants prior to the meeting. The materials will be posted on EPA's website at https://www.epa.gov/dwucmr/unregulated-contaminant- monitoring-rule-ucmr-meetings-and-materials for people who do not participate in the webinar.

III. General Information

A. How are CCL, UCMR, Regulatory Determination process, and NCOD interrelated?

Under the 1996 amendments to SDWA, Congress established a multi-step, risk-based approach for determining which contaminants would become subject to drinking water standards. Under the first step, EPA is required to publish a CCL every five years that identifies contaminants that are not subject to any proposed or promulgated drinking water regulations, are known or anticipated to occur in PWSs, and may require future regulation under SDWA. EPA published the draft CCL 5 in the Federal Register on July 19, 2021 (86 FR 37948, July 19, 2021 (USEPA, 2021d)). Under the second step, EPA must require, every five years, monitoring of unregulated contaminants as described in this action. The third step requires EPA to determine, every five years, whether or not to regulate at least five contaminants from the CCL. Under Section 1412(b)(1)(A) of SDWA, EPA regulates a contaminant in drinking water if the Administrator determines that:

(1) The contaminant may have an adverse effect on the health of persons;

(2) The contaminant is known to occur or there is substantial likelihood that the contaminant will occur in PWSs with a frequency and at levels of public health concern; and

(3) In the sole judgment of the Administrator, regulation of such contaminant presents a meaningful opportunity for health risk reduction for persons served by PWSs.

For the contaminants that meet all three criteria, SDWA requires EPA to publish national primary drinking water regulations (NPDWRs). Information on the CCL and the regulatory determination process can be found at: https://www.epa.gov/ccl.

The data collected through the UCMR program are made available to the public through the National Contaminant Occurrence Database (NCOD) for drinking water. EPA developed the NCOD to satisfy requirements in SDWA Section 1445(g), to assemble and maintain a drinking water contaminant occurrence database for both regulated and unregulated contaminants in drinking water systems. NCOD houses data on unregulated contaminant occurrence; data from EPA's “Six-Year Review” of national drinking water regulations; and ambient and/or source water data. Section 1445(g)(3) of SDWA requires that EPA maintain UCMR data in the NCOD and use the data when evaluating the frequency and level of occurrence of contaminants in drinking water at a level of public health concern. UCMR results can be viewed by the public via NCOD ( https://www.epa.gov/sdwa/national-contaminant-occurrence-database-ncod ) or via the UCMR web page at: https://www.epa.gov/dwucmr.

B. What are the Consumer Confidence Reporting and Public Notice Reporting requirements for public water systems that are subject to UCMR?

In addition to reporting UCMR monitoring data to EPA, PWSs are responsible for presenting and addressing UCMR results in their annual Consumer Confidence Reports (CCRs) (40 CFR 141.153) and must address Public Notice (PN) requirements associated with UCMR (40 CFR 141.207). More details about the CCR and PN requirements can be viewed by the public at: https://www.epa.gov/ccr and https://www.epa.gov/dwreginfo/public-notification-rule, respectively.

C. What is the UCMR 5 timeline?

This final rule identifies a UCMR 5 sampling period of 2023 to 2025. Prior to 2023 EPA will coordinate laboratory approval, tentatively select representative small systems (USEPA, 2021a), organize Partnership Agreements, develop State Monitoring Plans (see Section III.D of this preamble), establish monitoring schedules and inventory, and conduct outreach and training. Exhibit 2 of this preamble illustrates the major activities that EPA expects will take place in preparation for and during the implementation of UCMR 5.

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D. What is the role of “States” in UCMR?

UCMR is a direct implementation rule ( i.e., EPA has primary responsibility for its implementation) and state participation is voluntary. Under the previous UCMR cycles, specific activities that individual states agreed to carry out or assist with were identified and established exclusively through Partnership Agreements. Through Partnership Agreements, states can help EPA implement UCMR and help ensure that the UCMR data are of the highest quality possible to best support the agency decision making. Under UCMR 5, EPA will continue to use the Partnership Agreement process to determine and document the following: The process for review and revision of the State Monitoring Plans; replacing and updating PWS information, including inventory ( i.e., PWS identification codes (PWSID), facility identification code along with associated facility types and water source type, etc.); review of proposed GWRMPs; notification and instructions for systems; and compliance assistance. EPA recognizes that states often have the best information about their PWSs and encourages them to partner in the UCMR 5 program.

E. How did EPA consider Children's Environmental Health?

By monitoring for unregulated contaminants that may pose health risks via drinking water, UCMR furthers the protection of public health for all citizens, including children. Children consume more water per unit of body weight compared to adults. Moreover, formula-fed infants drink a large amount of water compared to their body weight; thus, children's exposure to contaminants in drinking water may present a disproportionate health risk (USEPA, 2011). The objective of UCMR 5 is to collect nationally representative drinking water occurrence data on unregulated contaminants for future regulatory consideration. Information on the prioritization process, as well as contaminant-specific information ( e.g., source, use, production, release, persistence, mobility, health effects, and occurrence), that EPA used to select the analyte list, is contained in “Information Compendium for Contaminants for the Final Unregulated Contaminant Monitoring Rule (UCMR 5)” (USEPA, 2021e), available in the UCMR 5 public docket.

Since this is a final rule to monitor for contaminants and not to reduce their presence in drinking water to an acceptable level, the rule does not concern environmental health or safety risks presenting a disproportionate risk to children that would be addressed by this action (See Section V.G Executive Order 13045 of this preamble). Therefore, Executive Order 13045 does not apply to UCMR. However, EPA's Policy on Evaluating Health Risks to Children, which ensures that the health of infants and children is explicitly considered in the agency's decision making, is applicable, see: https://www.epa.gov/children/epas-policy-evaluating-risk-children.

EPA considered children's health risks during the development of UCMR 5. This included considering public comments about candidate contaminant priorities. Many commenters supported the agency's inclusion of PFAS and lithium in UCMR 5. Some commenters requested that EPA consider children and infant health risks in its risk communication for UCMR 5.

Using quantitation data from multiple laboratories, EPA establishes statistically-based UCMR reporting levels the agency considers feasible for the national network of approved drinking water laboratories. EPA generally sets the reporting levels as low as is technologically practical for measurement by that national network of laboratories, even if that level is well below concentrations that are currently associated with known or suspected health effects. In doing so, EPA positions itself to better address contaminant risk information in the future, including that associated with unique risks to children.

F. How did EPA address Environmental Justice (EJ)?

EPA has concluded that this action is not subject to Executive Order 12898 because it does not establish an environmental health or safety standard (see Section V.J Executive Order 12898 of this preamble). EPA Administrator Regan issued a directive to all EPA staff to incorporate environmental justice (EJ) into the agency's work, including regulatory activities, such as integrating EJ considerations into the regulatory development processes and considering regulatory options to maximize benefits to communities that “continue to suffer from disproportionately high pollution levels and the resulting adverse health and environmental impacts.” In keeping with this directive, and consistent with AWIA, EPA will, subject to the availability of sufficient appropriations, expand UCMR 5 to include all PWSs serving between 3,300 and 10,000 people as described in Sections I.A.4 and IV.B of this preamble. If there are sufficient appropriations, the expansion in the number of participating PWSs will provide a more comprehensive assessment of contaminant occurrence data from small and rural communities, including disadvantaged communities.

By developing a national characterization of unregulated contaminants that may pose health risks via drinking water from PWSs, UCMR furthers the protection of public health for all citizens. If EPA receives the needed appropriations, the expansion in monitoring scope reflected in UCMR 5 ( i.e., including all PWSs serving 3,300 to 10,000 people) will better support state and regional analyses and determination of potential EJ-related issues that need to be addressed. EPA structured the UCMR 5 rulemaking process to allow for meaningful involvement and transparency. EPA organized public meetings and webinars to share information regarding the development and implementation of UCMR 5; consulted with Tribal governments; and convened a workgroup that included representatives from several states. EPA will support stakeholder interest in UCMR 5 results by making them publicly available, as described in Section III.A of this preamble, and by developing additional risk-communication materials to help individuals and communities understand the significance of contaminant occurrence.

EPA received multiple comments on environmental justice considerations. Commenters expressed support for the continued collection of U.S. Postal Service Zip Codes for each PWS's service area and requested that EPA provide multilingual UCMR materials. EPA will continue to collect Zip Codes for UCMR 5, as collected under UCMR 3 and UCMR 4, to support potential assessments of whether or not certain communities are disproportionately impacted by particular drinking water contaminants. EPA also intends to develop the sampling instructions, fact sheets, and data summaries in both English and Spanish.

G. How did EPA coordinate with Indian Tribal Governments?

EPA has concluded that this action has Tribal implications. However, it will neither impose substantial direct compliance costs on federally recognized Tribal governments, nor preempt Tribal law. (See section V.F Executive Order 13175 of this preamble).

EPA consulted with Tribal officials under the EPA Policy on Consultation and Coordination with Indian Tribes early in the process of developing this action to ensure meaningful and timely input into its development. EPA initiated the Tribal consultation and coordination process before proposing the rule by mailing a “Notification of Consultation and Coordination” letter on June 26, 2019, to the Tribal leadership of the then 573 federally recognized Tribes. The letter invited Tribal leaders and representatives of Tribal governments to participate in an August 6, 2019, UCMR 5 Tribal consultation and coordination informational meeting. Presentation topics included an overview of the UCMR program, potential approaches to monitoring and implementation for UCMR 5, and the UCMR 5 contaminants and analytical methods under consideration. After the presentation, EPA provided an opportunity for input and questions on the action. Eight representatives from five Tribes attended the August meeting. Tribal representatives asked clarifying questions regarding program costs to PWSs and changes in PWS participation per AWIA. EPA addressed the questions during the meeting. Following the meeting, EPA received and addressed one additional clarifying question from a Tribal representative during the Tribal consultation process. No other Tribal representatives submitted written comments during the UCMR 5 consultation comment period that ended September 1, 2019.

Prior to the August 2019 meeting, EPA provided additional opportunities for Tribal officials to provide meaningful and timely input into the development of the proposed rule. On July 10, 2019, EPA participated in a monthly conference call with the National Tribal Water Council (NTWC). EPA shared a brief summary of UCMR statutory requirements with the Council and highlighted the upcoming official Tribal meeting. EPA also invited Tribal leaders and representatives to participate in a public meeting, held on July 16, 2019, to discuss the development of the proposed rule. Representatives from six Tribes participated in the public meeting. Following the publication of the proposal, EPA advised the Indian Health Services of the 60-day public comment period to assist with facilitating additional Tribal comments on the proposed rule. EPA received no public comments from Tribal officials.

A complete summary of the consultation, titled, “Summary of the Tribal Coordination and Consultation Process for the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal,” is provided in the UCMR 5 public docket listed in the ADDRESSES section of this preamble.

H. How are laboratories approved for UCMR 5 analyses?

Consistent with prior UCMRs, this action maintains the requirement that PWSs use laboratories approved by EPA to analyze UCMR 5 samples. Interested laboratories are encouraged to apply for EPA approval as early as possible. The UCMR 5 laboratory approval process, which began with the publication of the UCMR 5 proposal, is designed to assess whether laboratories possess the required equipment and can meet laboratory-performance and data-reporting criteria described in this action.

EPA expects demand for laboratory support to increase significantly based on the greater number of PWSs expected to participate in UCMR 5. EPA anticipates that the number of participating small water systems will increase from the typical 800 to approximately 6,000 (see Exhibit 5 in Section IV.B of this preamble). In preparation for this increase, EPA will solicit proposals and award contracts to laboratories to support small system monitoring prior to the end of the proficiency testing (PT) program. As in previous UCMR programs, EPA expects that laboratories awarded contracts by EPA will be required to first be approved to perform all methods. The requirements for the laboratory approval process are described in steps 1 through 6 of the following paragraphs.

EPA will require laboratories seeking approval to: (1) Provide EPA with data documenting an initial demonstration of capability (IDC) as outlined in each method; (2) verify successful performance at or below the minimum reporting levels (MRLs) as specified in this action; (3) provide information about laboratory standard operating procedures (SOPs); and (4) participate in two EPA PT studies for the analytes of interest. Audits of laboratories may be conducted by EPA prior to and/or following approval, and maintaining approval is contingent on timely and accurate reporting. The “UCMR 5 Laboratory Approval Manual” (USEPA, 2021f), available in the UCMR 5 public docket, provides more specific guidance on EPA laboratory approval program and the specific method acceptance criteria. EPA has included sample-collection procedures that are specific to the methods in the “UCMR 5 Laboratory Manual,” and will address these procedures in our outreach to the PWSs that will be collecting samples.

The UCMR 5 laboratory approval program will provide an assessment of the ability of laboratories to perform analyses using the methods listed in 40 CFR 141.40(a)(3), Table 1 of this preamble. Laboratory participation in the program is voluntary. However, as in the previous UCMRs, EPA will require PWSs to exclusively use laboratories that have been approved under the program. EPA will post a list of approved UCMR 5 laboratories to https://www.epa.gov/dwucmr and will bring this to the attention of the PWSs in our outreach.

1. Request To Participate

Laboratories interested in the UCMR 5 laboratory approval program first email EPA at: UCMR_Lab_Approval@epa.gov to request registration materials. EPA began accepting requests beginning with the publication of the proposal in the Federal Register .

2. Registration

Laboratory applicants provide registration information that includes laboratory name, mailing address, shipping address, contact name, phone number, email address, and a list of the UCMR 5 methods for which the laboratory is seeking approval. This registration step provides EPA with the necessary contact information and ensures that each laboratory receives a customized application package.

3. Application Package

Laboratory applicants will complete and return a customized application package that includes the following: IDC data, including precision, accuracy, and results of MRL studies; information regarding analytical equipment and other materials; proof of current drinking water laboratory certification (for select compliance monitoring methods); method-specific SOPs; and example chromatograms for each method under review.

As a condition of receiving and maintaining approval, the laboratory must promptly post UCMR 5 monitoring results and quality control data that meet method criteria (on behalf of its PWS clients) to EPA's UCMR electronic data reporting system, SDWARS.

Based on the January 1, 2023 start for UCMR 5 sample collection, the deadline for a laboratory to submit the necessary registration and application information is August 1, 2022.

4. EPA's Review of Application Package

EPA will review the application packages and, if necessary, request follow-up information. Laboratories that successfully complete the application process become eligible to participate in the UCMR 5 PT program.

5. Proficiency Testing

A PT sample is a synthetic sample containing a concentration of an analyte or mixture of analytes that is known to EPA, but unknown to the laboratory. To be approved, a laboratory must meet specific acceptance criteria for the analysis of a UCMR 5 PT sample(s) for each analyte in each method, for which the laboratory is seeking approval. EPA offered three PT studies between publication of the proposed rule and final rule, and anticipates offering at least two additional studies. Interested laboratories must participate in and report data for at least two PT studies. This allows EPA to collect a robust dataset for PT results, and provides laboratories with extra analytical experience using UCMR 5 methods. Laboratories must pass a PT for every analyte in the method to be approved for that method and may participate in multiple PT studies in order to produce passing results for each analyte. EPA has taken this approach in UCMR 5, recognizing that EPA Method 533 contains 25 analytes. EPA does not expect to conduct additional PT studies after the start of PWS monitoring; however, EPA expects to conduct laboratory audits (remote and/or on-site) throughout the implementation of UCMR 5 on an as needed and/or random basis. Initial laboratory approval is contingent on successful completion of PT studies, which includes properly uploading the PT results to SDWARS. Continued laboratory approval is contingent on successful completion of the audit process and satisfactorily meeting all the other stated conditions.

6. Written EPA Approval

For laboratories that have already successfully completed steps 1 through 5, EPA sent the laboratory a notification letter listing the methods for which approval was “pending” ( i.e., pending promulgation of this final rule). Because no changes have been made to the final rule that impact the laboratory approval program, laboratories that received pending-approval letters will be notified of full approval without further action on their part. Approval actions for additional laboratories that successfully complete steps 1 through 5 will also be documented by EPA in writing.

I. What documents are being incorporated by reference?

The following methods are being incorporated by reference into this section for UCMR 5 monitoring. All method material is available for inspection electronically at https://www.regulations.gov (Docket ID No. EPA-HQ-OW-2020-0530), or from the sources listed for each method. The methods that may be used to support monitoring under this final rule are as follows:

1. Methods From the U.S. Environmental Protection Agency

The following methods are available at EPA's Docket No. EPA-HQ-OW-2020-0530.

(i) EPA Method 200.7 “Determination of Metals and Trace Elements in Water and Wastes by Inductively Coupled Plasma-Atomic Emission Spectrometry,” Revision 4.4, 1994. Available at https://www.epa.gov/esam/method-2007-determination-metals-and-trace-elements-water-and-wastes-inductively-coupled-plasma. This is an EPA method for the analysis of metals and trace elements in water by ICP-AES and may be used to measure lithium during UCMR 5. See also the discussion of non-EPA alternative methods for lithium in this section.

(ii) EPA Method 533 “Determination of Per- and Polyfluoroalkyl Substances in Drinking Water by Isotope Dilution Anion Exchange Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry,” November 2019, EPA 815-B-19-020. Available at https://www.epa.gov/dwanalyticalmethods/analytical-methods-developed-epa-analysis-unregulated-contaminants. This is an EPA method for the analysis PFAS in drinking water using SPE and LC/MS/MS and is to be used to measure 25 PFAS during UCMR 5 (11Cl-PF3OUdS, 8:2 FTS, 4:2 FTS, 6:2 FTS, ADONA, 9Cl-PF3ONS, HFPO-DA (GenX), NFDHA, PFEESA, PFMPA, PFMBA, PFBS, PFBA, PFDA, PFDoA, PFHpS, PFHpA, PFHxS, PFHxA, PFNA, PFOS, PFOA, PFPeS, PFPeA, and PFUnA).

(iii) EPA Method 537.1 “Determination of Selected Per- and Polyfluorinated Alkyl Substances in Drinking Water by Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry (LC/MS/MS),” Version 2.0, March 2020, EPA/600/R-20/006. Available at https://www.epa.gov/dwanalyticalmethods/analytical-methods-developed-epa-analysis-unregulated-contaminants. This is an EPA method for the analysis of PFAS in drinking water using SPE and LC/MS/MS and is to be used to measure four PFAS during UCMR 5 (NEtFOSAA, NMeFOSAA, PFTA, and PFTrDA).

2. Alternative Methods From American Public Health Association—Standard Methods (SM)

The following methods are from American Public Health—Standard Methods (SM), 800 I Street NW, Washington, DC 20001-3710.

(i) “Standard Methods for the Examination of Water & Wastewater,” 23rd edition (2017).

(a) SM 3120 B, “Metals by Plasma Emission Spectroscopy (2017): Inductively Coupled Plasma (ICP) Method.” This is a Standard Method for the analysis of metals in water and wastewater by emission spectroscopy using ICP and may be used for the analysis of lithium.

(ii) “Standard Methods Online,” approved 1999. Available for purchase at https://www.standardmethods.org.

(a) SM 3120 B, “Metals by Plasma Emission Spectroscopy: Inductively Coupled Plasma (ICP) Method, Standard Methods Online,” revised December 14, 2020. This is a Standard Method for the analysis of metals in water and wastewater by emission spectroscopy using ICP and may be used for the analysis of lithium.

3. Methods From ASTM International

The following methods are from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.

(i) ASTM D1976-20, “Standard Test Method for Elements in Water by Inductively-Coupled Plasma Atomic Emission Spectroscopy,” approved May 1, 2020. Available for purchase at https://www.astm.org/Standards/D1976.htm. This is an ASTM method for the analysis of elements in water by ICP-AES and may be used to measure lithium.

IV. Description of Final Rule and Summary of Responses to Public Comments

EPA published “Revisions to the Unregulated Contaminant Monitoring Rule (UCMR 5) for Public Water Systems and Announcement of Public Meeting;” Proposed Rule, on March 11, 2021 (86 FR 13846, (USEPA, 2021g)). The UCMR 5 proposal identified three EPA analytical methods, and multiple alternative methods, to support water system monitoring for 30 UCMR 5 contaminants (29 PFAS and lithium) and detailed other potential changes relative to UCMR 4. Among the other changes reflected in the UCMR 5 proposal were the following: Requirement for water systems serving 3,300 to 10,000 people to monitor per AWIA requirements “subject to the availability of appropriations”; provisions for sampling frequency, timing, and locations; submission timeframe for GWRMPs; data reporting timeframes; and reporting requirements.

EPA received 75 sets of comments from 72 public commenters, including other federal agencies, state and local governments, utilities and utility stakeholder organizations, laboratories, academia, non-governmental organizations, and other interested stakeholders. After considering the comments, EPA developed the final UCMR 5 as described in Exhibit 3 of this preamble. Except as noted, the UCMR 5 final rule approach is consistent with the proposed rule. A track-changes version of the rule language, comparing UCMR 4 to UCMR 5, (“Revisions to 40 CFR 141.35 and 141.40” (USEPA, 2021h)), is included in the electronic docket listed in the ADDRESSES section of this preamble.

This section summarizes key aspects of this final rule and the associated comments received in response to the proposed rule. EPA has compiled all public comments and EPA's responses in the “Response to Comments on the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal,” (USEPA, 2021i), which can be found in the electronic docket listed in the ADDRESSES section of this preamble.

Exhibit 3—Key Elements of Final UCMR 5
NumberTitle
CFR rule sectionDescription of sectionCorresponding preamble section
NumberTitle
40 CFR 141.40(a)(3)Contaminants in UCMR 5Maintains proposed list of 29 PFAS and lithium for monitoringIV.A
40 CFR 141.35(d), 40 CFR 141.40(a)(2)(ii), and 40 CFR 141.40(a)(4)(ii)Scope of UCMR 5 applicabilityRevises the scope of UCMR 5 to reflect that small CWSs and NTNCWSs serving 25 to 10,000 people will monitor (consistent with AWIA), if they are notified by the agencyIV.B
40 CFR 141.40(a)(i)(B)Sampling frequency and timingMaintains proposed sample frequency (four sample events for SW, two sample events for GW)IV.C
40 CFR 141.35(c)(3)Sampling locations and Ground Water Representative Monitoring Plans (GWRMPs)Maintains proposed flexibility for PWSs to submit a GWRMP proposal to EPAIV.D
40 CFR 141.35(c)(6)(ii) and 40 CFR 141.40(a)(5)(vi)Reporting timeframeMaintains proposed timeframe (“within 90 days from the sample collection date”) for laboratories to post and approve analytical results in EPA's electronic data reporting system (for review by the PWS). Maintains proposed timeframe (“30 days from when the laboratory posts the data to EPA's electronic data reporting system”) for PWSs to review, approve, and submit data to the state and EPAIV.E
40 CFR 141.35(e)Reporting requirementsRemoves one proposed data element, maintains 27 proposed data elements, and clarifies the use of state dataIV.F
40 CFR 141.40(a)(3)Minimum reporting levels (MRL)Maintains proposed MRLs for contaminantsIV.G

A. What contaminants must be monitored under UCMR 5?

1. This Final Rule

EPA is maintaining the proposed list of UCMR 5 contaminants and the methods associated with analyzing those contaminants (see Exhibit 4 of this preamble). Further information on the prioritization process, as well as contaminant-specific information ( e.g., source, use, production, release, persistence, mobility, health effects, and occurrence), that EPA used to select the analyte list, is contained in “Information Compendium for Contaminants for the Final Unregulated Contaminant Monitoring Rule (UCMR 5)” (USEPA, 2021e). This Information Compendium can be found in the electronic docket listed in the ADDRESSES section of this preamble.

Exhibit 4—UCMR 5 Analytes
1 EPA Method 533 (Solid phase extraction (SPE) liquid chromatography/tandem mass spectrometry (LC/MS/MS)) (USEPA, 2019b).
2 EPA Method 537.1 Version 2.0 (Solid phase extraction (SPE) liquid chromatography/tandem mass spectrometry (LC/MS/MS)) (USEPA, 2020).
3 EPA Method 200.7 (Inductively coupled plasma-atomic emission spectrometry (ICP-AES)) (USEPA, 1994).
4 Standard Methods (SM) 3120 B (SM, 2017) or SM 3120 B-99 (SM Online, 1999).
5 ASTM International (ASTM) D1976-20 (ASTM, 2020).
Twenty-five Per- and Polyfluoroalkyl Substances (PFAS) using EPA Method 533 (SPE LC/MS/MS):
11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid (11Cl-PF3OUdS)perfluorodecanoic acid (PFDA).
1H, 1H, 2H, 2H-perfluorodecane sulfonic acid (8:2 FTS)perfluorododecanoic acid (PFDoA).
1H, 1H, 2H, 2H-perfluorohexane sulfonic acid (4:2 FTS)perfluoroheptanesulfonic acid (PFHpS).
1H, 1H, 2H, 2H-perfluorooctane sulfonic acid (6:2 FTS)perfluoroheptanoic acid (PFHpA).
4,8-dioxa-3H-perfluorononanoic acid (ADONA)perfluorohexanesulfonic acid (PFHxS).
9-chlorohexadecafluoro-3-oxanone-1-sulfonic acid (9Cl-PF3ONS)perfluorohexanoic acid (PFHxA).
hexafluoropropylene oxide dimer acid (HFPO-DA) (GenX)perfluorononanoic acid (PFNA).
nonafluoro‐3,6‐dioxaheptanoic acid (NFDHA)perfluorooctanesulfonic acid (PFOS).
perfluoro (2‐ethoxyethane) sulfonic acid (PFEESA)perfluorooctanoic acid (PFOA).
perfluoro‐3‐methoxypropanoic acid (PFMPA)perfluoropentanesulfonic acid (PFPeS).
perfluoro‐4‐methoxybutanoic acid (PFMBA)perfluoropentanoic acid (PFPeA).
perfluorobutanesulfonic acid (PFBS)perfluoroundecanoic acid (PFUnA).
perfluorobutanoic acid (PFBA)
Four Per- and Polyfluoroalkyl Substances (PFAS) using EPA Method 537.1 (SPE LC/MS/MS):
n-ethyl perfluorooctanesulfonamidoacetic acid (NEtFOSAA)perfluorotetradecanoic acid (PFTA).
n-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA)perfluorotridecanoic acid (PFTrDA).
One Metal/Pharmaceutical using EPA Method 200.7 (ICP-AES) or alternate SM or ASTM:
lithium

2. Summary of Major Comments and EPA Responses

Those who expressed an opinion about the proposed UCMR 5 analytes were supportive of EPA's inclusion of the 29 PFAS and lithium. Commenters expressed mixed opinions on the consideration of additional contaminants, particularly “aggregate PFAS,” Legionella pneumophilia, haloacetonitriles, and 1,2,3-trichloropropane. The major comments and EPA responses regarding these contaminants are summarized in the discussion that follows.

a. Aggregate PFAS Measure

EPA received multiple comments encouraging the agency to validate and include a total organic fluorine (TOF) and/or total oxidizable precursors (TOP) technique in UCMR 5 as a screening tool to determine “total PFAS.” EPA also received comments expressing concern for the limitations of the analytical methodologies, including a lack of sensitivity and specificity for PFAS using TOF.

EPA has not identified a complete, validated, peer-reviewed aggregate PFAS method with the appropriate specificity and sensitivity to support UCMR 5 monitoring. EPA's Office of Water and Office of Research and Development are currently developing and evaluating methodologies for broader PFAS analysis in drinking water, however, the measurement approaches are subject to significant technical challenges. The sensitivity of TOF is currently in the low μg/L range, as opposed to the low ng/L range of interest required for PFAS analysis in drinking water. TOF is also not specific to PFAS. TOP, while focusing on PFAS, is limited to measuring compounds that can be detected by LC/MS/MS and the technique requires two LC/MS/MS analyses; one before oxidation and one after oxidation. EPA is evaluating the TOP approach to understand the degree to which certain precursors are oxidized, and subsequently measurable by LC/MS/MS, as well as the degree to which PFAS that were measured in the pre-oxidation sample are still measured post-oxidation.

EPA is also monitoring progress by commercial laboratories and academia. In 2020 and 2021, EPA contacted commercial laboratories that advertised TOF capability, and these laboratories indicated that they had not yet commercialized the TOF method (see Appendix 4 in “Response to Comments on the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal,” (USEPA, 2021i), which can be found in the electronic docket listed in the ADDRESSES section of this preamble). TOP has been more widely commercialized but is often used as an exploratory tool to estimate precursors.

In summary, there are still analytical challenges leading to uncertainties in the results using the TOF and TOP techniques. More research and method refinement are needed before a peer-reviewed validated method that meets UCMR quality control needs is available to address PFAS more broadly.

b. Legionella Pneumophila

Some comments supported EPA's proposal to not include Legionella pneumophila in UCMR 5, while others encouraged EPA to add it. EPA has decided not to include Legionella pneumophila in the final UCMR 5.

Under EPA's Surface Water Treatment Rule (SWTR), EPA established NPDWRs for Giardia, viruses, Legionella, turbidity and heterotrophic bacteria and set maximum contaminant level goals of zero for Giardia lamblia, viruses and Legionella pneumophila (54 FR 27486, June 29, 1989 (USEPA, 1989)). EPA is currently examining opportunities to enhance protection against Legionella pneumophila through revisions to the suite of Microbial and Disinfection Byproduct (MDBP) rules. In addition to the SWTR, the MDBP suite includes the Stage 1 and Stage 2 Disinfectants and Disinfection Byproduct Rules; the Interim Enhanced Surface Water Treatment Rule; and the Long Term 1 Enhanced Surface Water Treatment Rule.

As stated in the conclusions from EPA's third “Six-Year Review of Drinking Water Standards” (82 FR 3518, January 11, 2017 (USEPA, 2017)), “EPA identified the following NPDWRs under the SWTR as candidates for revision, because of the opportunity to further reduce residual risk from pathogens (including opportunistic pathogens such as Legionella ) beyond the risk addressed by the current SWTR.” In accordance with the dates in the Settlement Agreement between EPA and Waterkeeper Alliance ( Waterkeeper Alliance, Inc. v. U.S. EPA, No. 1:19-cv-00899-LJL (S.D.N.Y. Jun. 1, 2020)), the agency anticipates signing a proposal for revisions to the MDBP rules and a final action on the proposal by July 31, 2024 and September 30, 2027, respectively. EPA has concluded that UCMR 5 data collection for Legionella pneumophila would not be completed in time to meaningfully inform MDBP revision and that UCMR 5 data for Legionella pneumophila would soon lack significance because it would not reflect conditions in water systems after any regulatory revisions become effective (because water quality would be expected to change as a result of PWSs complying with such regulatory revisions).

EPA estimates that Legionella pneumophila monitoring under UCMR 5 would have added $10.5 million in new expenses for large PWSs, $20 million in new expenses for the agency for small system monitoring, and $0.5 million in new expenses for small PWSs and states over the 5-year UCMR period. Because the data would not be available in time to inform MDBP regulatory revisions and because MDBP revisions could change the presence of Legionella pneumophila in drinking water distribution systems ( Legionella occurrence may change, for example, if the required minimum disinfectant residual concentration is higher following MDBP revisions), EPA concluded that the expense of this monitoring is not warranted given the limited utility of the data.

c. Haloacetonitriles

Some commenters agreed with EPA's rationale for not including the four unregulated haloacetonitrile disinfection byproducts (DBPs) in UCMR 5, while others encouraged EPA to include them. EPA has decided not to include haloacetonitrile DBPs in the final UCMR 5.

As was the case with Legionella pneumophila, EPA has concluded that UCMR 5 data collection for haloacetonitriles would not be completed in time to meaningfully inform MDBP revision and that UCMR 5 data would not reflect conditions in water systems after any regulatory revisions become effective (haloacetonitrile occurrence may change, for example, if the required minimum disinfectant residual concentration is higher following MDBP revisions).

As with Legionella pneumophila, inclusion of haloacetonitriles in UCMR 5 would introduce significant monitoring and reporting complexity and cost compared to the sampling design for PFAS and lithium. If haloacetonitriles were to be added to UCMR 5, most of the additional expenses would be borne by large PWSs (for analysis of their samples) and EPA (for analysis of samples from small PWSs). EPA estimates this would result in $13 million in new expenses for large PWSs, $19 million in new expenses for the agency, and $0.5 million in new expenses for small PWSs and states over the 5-year UCMR period.

Because the data would not be available in time to inform MDBP regulatory revisions and because MDBP revisions could change the presence of haloacetonitriles in drinking water distribution systems, EPA concluded that the expense of this monitoring is not warranted given the limited utility of the data.

d. 1,2,3-Trichloropropane

EPA received some comments that support the agency's proposed decision to not include 1,2,3-trichloropropane (1,2,3-TCP) monitoring in UCMR 5, and others recommending that 1,2,3-TCP be included. EPA concluded that appropriate analytical methods are not currently available to support additional UCMR data collection ( i.e., above and beyond the data collection under UCMR 3 (USEPA, 2019c)).

Several commenters suggested that EPA consider analytical methods to monitor for 1,2,3-trichloropropane at lower levels. They suggested, for example, that the agency use California method SRL-524M (California DHS, 2002), which is prescribed by the state for compliance monitoring at 0.005 μg/L (5 ng/L). EPA has reviewed SRL 524M and determined that the associated quality control (QC) and IDC criteria do not meet the EPA's needs for drinking water analysis. See also EPA's “Response to Comments on the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal,” (USEPA, 2021i), which can be found in the electronic docket listed in the ADDRESSES section of this preamble.

Occurrence data collected during UCMR 3 (77 FR 26072, May 2, 2012 (USEPA, 2012)) for 1,2,3-trichloropropane may be found at https://www.epa.gov/dwucmr/occurrence-data-unregulated-contaminant-monitoring-rule#3.

B. What is the UCMR 5 sampling design?

1. This Final Rule

EPA has utilized up to three different tiers of contaminant monitoring, associated with three different “lists” of contaminants, in past UCMRs. EPA designed the monitoring tiers to reflect the availability and complexity of analytical methods, laboratory capacity, sampling frequency, and cost. The Assessment Monitoring tier is the largest in scope and is used to collect data to determine the national occurrence of “List 1” contaminants for the purpose of estimating national population exposure. Assessment Monitoring has been used in the four previous UCMRs to collect occurrence data from all systems serving more than 10,000 people and a representative sample of 800 smaller systems. Consistent with AWIA, the Assessment Monitoring approach was redesigned for UCMR 5 and reflects the plan, subject to additional appropriations being made available for this purpose, that would require all systems serving 3,300 or more people and a representative sample of systems serving 25 to 3,299 people to perform monitoring (USEPA, 2021a). The population-weighted sampling design for the nationally representative sample of small systems (used in previous UCMR cycles to select 800 systems serving 25 to 10,000 people and used in UCMR 5 to select 800 systems serving 25 to 3,299 people) calls for the sample to be stratified by water source type (ground water or surface water), service size category, and state (where each state is allocated a minimum of two systems in its State Monitoring Plan). The allowable margin of error at the 99 percent confidence level is ±1 percent for an expected contaminant occurrence of 1 percent at the national level. Assessment Monitoring is the primary tier used for contaminants and generally relies on analytical methods that use more common techniques that are expected to be widely available. EPA has used an Assessment Monitoring tier for 72 contaminants and contaminant groups over the course of UCMR 1 through UCMR 4. The agency is exclusively requiring Assessment Monitoring in UCMR 5. This monitoring approach yields the most complete set of occurrence data to support EPA's decision making.

2. Summary of Major Comments and EPA Responses

Many commenters expressed support for the increase in small system Assessment Monitoring, with no opposition to the inclusion of all PWSs serving 3,300 to 10,000 people in UCMR 5. The U.S. Small Business Administration asked that EPA clarify small-system responsibilities in the event of inadequate EPA funding to fully support the envisioned monitoring.

Recognizing the uncertainty in funding from year-to-year, the agency will implement a “monitor if notified” approach for PWSs serving 25 to 10,000 people. In 2022, EPA will notify the approximately 6,000 small PWSs tentatively selected for the expanded UCMR 5 (all PWSs serving 3,300 to 10,000 people and a statistically-based, nationally representative set of 800 PWSs serving 25 to 3,299 people) of their anticipated UCMR 5 monitoring requirements; that initial notification will specify that monitoring is conditioned on EPA having sufficient funds and will be confirmed in a second notification. Upon receiving appropriations for a particular year, EPA will determine the number of small PWSs whose monitoring is covered by the appropriations, and notify the included small PWSs of their upcoming requirements at least six months prior to their scheduled monitoring. EPA has made minor edits to 40 CFR 141.35 and 40 CFR 141.40 for consistency with this approach.

Additionally, to ensure that EPA has access to a nationally representative set of small-system data, even in the absence of sufficient appropriations to support the planned monitoring by small systems, a statistically-based nationally representative set of 800 PWSs will also be selected from among the PWSs serving 25 to 10,000 people. An updated description of the statistical approach for the nationally representative samples for UCMR 5 is available in the docket as “Selection of Nationally Representative Public Water Systems for the Unregulated Contaminant Monitoring Rule: 2021 Update” (USEPA 2021a).

To minimize the impact of the final rule on small systems (those serving 25 to 10,000 people), EPA pays for their sample kit preparation, sample shipping fees, and sample analysis. Large systems (those serving more than 10,000 people) pay for all costs associated with their monitoring. Exhibit 5 of this preamble shows a summary of the estimated number of PWSs subject to monitoring.

Exhibit 5—Systems Expected To Participate in UCMR 5 Monitoring
List 1 chemicals
1 EPA pays for all analytical costs associated with monitoring at small systems.
2 Counts for small PWSs serving 3,300-10,000 people are approximate.
3 Large system counts are approximate.
4 In the absence of appropriations to support monitoring at all PWSs serving 3,300 to 10,000 people, EPA could instead include as few as 400 PWSs serving 25 to 3,299 people and 400 PWSs serving 3,300 to 10,000 people (for a representative sample of 800 PWSs serving 25 to 10,000 people).
System size (number of people served)National sample: Assessment monitoring designTotal number of systems per size category
List 1 chemicals
Small Systems 1 (25-3,299)800 randomly selected systems (CWSs and NTNCWSs)4 800
Small Systems 1 2 (3,300-10,000)All systems (CWSs and NTNCWSs) subject to the availability of appropriations4 5,147
Large Systems 3 (10,001 and over)All systems (CWSs and NTNCWSs)4,364
Total10,311

C. What is the sampling frequency and timing?

1. This Final Rule

This final rule maintains the proposed sampling frequency and timeframe for Assessment Monitoring. On a per-system basis, the anticipated number of samples collected by each system is consistent with sample collection during prior UCMR cycles (although, as described elsewhere in this document, the number of water systems expected to participate in UCMR 5 is significantly greater under this final rule per AWIA). Water systems will be required to collect samples based on the typical UCMR sampling frequency and timeframe as follows: For surface water, ground water under the direct influence of surface water, and mixed locations, sampling will take place for four consecutive quarters over the course of 12 months (total of 4 sampling events). Sampling events will occur three months apart. For example, if the first sample is taken in January, the second will then occur anytime in April, the third will occur anytime in July, and the fourth will occur anytime in October. For ground water locations, sampling will take place twice over the course of 12 months (total of 2 sampling events). Sampling events will occur five to seven months apart. For example, if the first sample is taken in April, the second sample will then occur anytime in September, October, or November.

EPA, in conjunction with the states, will initially determine schedules (year and months of monitoring) for large water systems. Thereafter, large PWSs will have an opportunity to modify this initial schedule for planning purposes or other reasons ( e.g., to spread costs over multiple years, if a sampling location will be closed during the scheduled month of monitoring, etc.). EPA will schedule and coordinate small system monitoring (for PWSs serving 3,300 to 10,000 people and for the nationally representative sample of smaller PWSs) by working closely with partnering states. State Monitoring Plans provide an opportunity for states to review and revise the initial sampling schedules developed by EPA (see discussion of State Monitoring Plans in Section III.D of this preamble).

2. Summary of Major Comments and EPA Responses

EPA received two comments recommending that the agency reduce the sampling frequency for both ground water (GW) and surface water (SW) systems, including a suggestion that UCMR 5 require only one sample per system. EPA concluded that less frequent data collection would affect the integrity of the data and result in insufficient data to fulfill the needs envisioned by the 1996 SDWA Amendments, particularly with regard to supporting the Administrator's regulatory determinations and drinking water regulation development. Maintaining the proposed sampling frequency allows the resulting contaminant data to be analyzed for temporal variability, in addition to between-system variability. These analyses are not possible with a single-sample structure. When making regulatory determinations, EPA evaluates the number of systems (and populations) with means or single measured values above health levels of concern, as both values provide important information.

EPA acknowledges that based on UCMR 3 (77 FR 26072, May 2, 2012 (USEPA, 2012)) data, the correlation between results from multiple sample events can be high; however, the approach suggested by commenters would yield less accurate data for several reasons. EPA's assessment of sampling frequency using UCMR 3 and UCMR 4 data (see Appendix 2 in “Response to Comments on the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal,” (USEPA, 2021i), which can be found in the electronic docket listed in the ADDRESSES section of this preamble) shows that for both SW and GW systems, there are numerous cases where occurrence is notably different between sample events. Focusing first on UCMR 3 results for PWS with SW sources, the number of sample points at which PFOS was measured at or above the MRL was 108 percent greater when considering multiple sample events, versus only considering the first sample event. There were multiple occasions where the results from the first sample event were below the health-based reference concentration while subsequent results were above it. Looking at UCMR 3 results for PWSs with GW sources, PFOS was measured at or above the MRL at 26 percent more sample points in the second sample event relative to the first. Similar to the UCMR 3 results for SW systems, there were multiple occasions where the second result from a GW system exceeded the reference concentration while the first result did not.

Some commenters suggested that between-system variability is much greater for PFAS than within-system variability. While it may be less than between-system variability, within-system variability can still be important. Shifting to a single sample prevents reasonable assessments of within-system variability and limits the ability to observe between-system variability estimates. This would then drastically reduce the ability to characterize uncertainty.

Additionally, although the provisions of AWIA could include the addition of approximately 5,200 more PWSs to UCMR 5 relative to earlier cycles and thus capture more spatial variation in the resulting dataset, it is important to note that spatial variation is different than temporal or seasonal variation. Capturing more of one does not diminish the influence of the others on national occurrence data and reducing the frequency of sampling eliminates the possibility of analyzing the resulting data for temporal variation. In addition, statistical means based on two measurements have considerably less error than a single measurement per system, and provide a more robust dataset for future regulatory decisions. Having more than one sample event also greatly reduces the chance of underestimating the true proportion of occurrence of the contaminant in drinking water ( i.e., exposure).

Regarding monitoring frequency and burden, EPA notes that the agency allows large GW systems the opportunity to reduce monitoring burden by using approved representative entry points (40 CFR 141.35(c)(3)) as described in Section IV.D of this preamble. Representative monitoring plans will result in fewer samples and thus time and cost savings to the PWS. Consecutive systems with multiple connections from a particular wholesaler are also permitted to choose one entry point as representative, thus reducing burden.

D. Where are the sampling locations and what is representative monitoring?

1. This Final Rule

Consistent with past UCMR cycles, sample collection for UCMR 5 contaminants will take place at the entry point to the distribution system (EPTDS). As during past UCMRs and as described in 40 CFR 141.35(c)(3) of this preamble, this final rule will allow large ground water systems (or large surface water systems with ground water sources) that have multiple ground water EPTDSs to request approval to sample at representative monitoring locations rather than at each ground water EPTDS. GWRMPs approved under prior UCMRs may be used for UCMR 5, presuming no significant changes in the configuration of the ground water EPTDSs since the prior approval. Water systems that intend to use a previously approved plan must send EPA a copy of the approval documents received under prior UCMRs from their state (if reviewed by the state) or EPA.

Relative to the rules for prior UCMR cycles, this final rule provides greater flexibility to PWSs in submitting GWRMPs to EPA. Plans must be submitted to EPA six months prior to the PWS's scheduled sample collection, instead of by a specified date; those PWSs scheduled to collect samples in 2024 or 2025 will have significant additional time to develop and propose representative plans. PWSs, particularly those scheduled for sample collection in 2023, are encouraged to submit proposals for a new GWRMP by December 31, 2022, to allow time for review by EPA and, as appropriate, the state. EPA will work closely with the states to coordinate the review of GWRMPs in those cases where such review is part of the state's Partnership Agreement. Changes to inventory data in SDWARS that impact a PWS's representative plan before or during the UCMR sampling period must be reported within 30 days of the change. EPA will collaborate with small systems (particularly those with many ground water locations) to develop a GWRMP when warranted, recognizing that EPA pays for the analysis of samples from small systems.

2. Summary of Major Comments and EPA Responses

EPA received multiple comments regarding GWRMPs and representative sampling for wholesale systems and consecutive connections. Generally, commenters supported the continued use of GWRMPS and the use of previously approved monitoring plans. An additional supporting document, titled, “Instructions for Preparing a Ground Water Representative Monitoring Plan for the Unregulated Contaminant Monitoring Rule,” (USEPA, 2021j) has been placed in the electronic docket listed in the ADDRESSES section of this preamble.

Several commenters recommended that EPA not require monitoring by consecutive systems that purchase 100 percent of their water from wholesale systems that are already subject to UCMR 5 monitoring. They requested that EPA instead require wholesalers to identify the PWSIDs of consecutive systems receiving water from the wholesaler, and that EPA rely on wholesaler monitoring in lieu of monitoring by the consecutive systems. EPA has decided to require monitoring by consecutive systems to conduct monitoring in accordance with UCMR 5. Previous UCMR data demonstrate that wholesalers and purchasers can have different analytical results (see Appendix 3 in “Response to Comments on the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal,” (USEPA, 2021i), which can be found in the electronic docket listed in the ADDRESSES section of this preamble). For example, pairing the results from wholesaler to consecutive connections for 190 manganese results from UCMR 4 (81 FR 92666, December 20, 2016 (USEPA, 2016)), one-third of the results are higher at the wholesaler and one-third of the results are higher at the consecutive connection, with one-third of all results being comparable [±0.4 μg/L]. The agency therefore elected to maintain the proposed approach in which all eligible consecutive systems must monitor, irrespective of monitoring being conducted by the wholesale system from which they purchase drinking water.

E. How long do laboratories and PWSs have to report data?

1. This Final Rule

EPA is maintaining the revised reporting timeframes for laboratories and PWSs as proposed. For UCMR 5, laboratories have 90 days (versus 120 days in prior UCMR cycles) from the sample collection date to post and approve analytical results in SDWARS for PWS review. Large PWSs have 30 days (versus 60 days in prior UCMR cycles) to review and approve the analytical results posted to SDWARS. As with the UCMR 4 requirements, data will be considered approved and available for state and EPA review if the PWS takes no action within their allotted review period.

In the proposed rule for UCMR 5, EPA noted that multiple states have expressed an interest in earlier access to UCMR data (see Docket ID No. EPA-HQ-OW-2020-0530). EPA believes that the shorter timeframes for posting and approving data are feasible and reasonable based on our experience with UCMR reporting to date.

2. Summary of Major Comments and EPA Responses

Commenters generally agreed with the revised timeframes for laboratories to post and approve analytical results in SDWARS. The 90-day laboratory timeframe makes UCMR results more readily available to interested stakeholders and states. Some commenters supported the timely reporting of data by laboratories to ensure that PWSs have adequate time to reconcile QC issues, especially those that may require a PWS to resample. Some expressed concerns that the revised timeframe could be challenging for laboratories. Some suggested that the shorter timeframe be conditioned on consistent functionality and availability of SDWARS.

Commenters generally agreed with the changes in the timeframes for large PWSs to review and approve analytical results posted to SDWARS, though several requested that EPA maintain the 60-day review period.

EPA has observed that many laboratories are routinely posting data to SDWARS within 90 days of sample collection and that many large PWSs are approving and submitting data within 30 days of their laboratory posting the data. Judging by reporting for 2020 monitoring under UCMR 4 (81 FR 92666, December 20, 2016 (USEPA, 2016)), more than 75 percent of laboratories posted and approved data within 90 days, and more than 85 percent of large PWSs who chose to act on their data, did so within 30 days of the laboratory posting it. During UCMR 3 and UCMR 4, less than half of large PWSs chose to actively review and approve their data, as opposed to letting the results default to “approved” status after the review period. The many large PWSs that have routinely chosen to not review and approve their data will not be impacted by the revised timeframe for PWS data review for UCMR 5. See also Appendix 5 in “Response to Comments on the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal,” (USEPA, 2021i), which can be found in the electronic docket listed in the ADDRESSES section of this preamble.

EPA does not anticipate functionality or availability issues with SDWARS during UCMR 5 but is prepared to make case-by-case exceptions for reporting timeframes should significant issues occur with the reporting system.

F. What are the reporting requirements for UCMR 5?

1. This Final Rule

Today's final rule removes 1 of the proposed data elements (“Direct Potable Reuse Water Information”) and maintains the 27 others described in the proposed rule. EPA has updated some of the data-element definitions for clarity and consistency in the reporting requirements. Please see Table 1 of 40 CFR 141.35(e) of this preamble for the complete list of data elements, definitions and drop-down options that will be provided in the data reporting system.

2. Summary of Major Comments and EPA Responses

a. Data Elements

EPA received multiple comments on the proposed contaminant-specific data elements, with some commenters questioning the quality, reliability, and utility of some of the data that would be provided to the agency per the proposed data element requirements. Several commenters requested that EPA include rationale explaining the intended use of such data. EPA has updated the data elements for clarity ( e.g., clarifying treatment types, and abbreviations for them; adding the treatment option “NMT = not modified after testing”) and has provided additional rationale (including describing how the information could impact regulatory decision making and risk-management strategies) in the “Response to Comments on the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal,” (USEPA, 2021i), available in the UCMR 5 public docket (see the ADDRESSES section of this preamble). EPA acknowledges the data collected will have some limitations but believes that the collection of the information is still valuable. In addition, EPA notes the modest burden associated with the collection.

b. Reporting State Data

EPA received several comments suggesting that PWSs be permitted to submit occurrence data collected under state-based monitoring, in lieu of conducting UCMR 5 monitoring, to reduce the monitoring burden. In those cases where the monitoring required by a state is aligned with the requirements of UCMR 5, PWSs may be able to conduct PFAS monitoring that meets the needs of their state and UCMR 5, with the understanding that UCMR 5 requirements must be met. This includes the requirement that PFAS samples be analyzed by a UCMR 5-approved laboratory using EPA Method 533 and Method 537.1. EPA offers flexibility for PWSs to reschedule their UCMR 5 monitoring, and PWSs may do so to coordinate it with their state-required monitoring. PWSs wishing to conduct “dual purpose” monitoring ( i.e., concurrently meeting the state and UCMR 5 needs) may contact their state or EPA, as appropriate, if there are questions about whether the state and UCMR 5 requirements are being met.

G. What are the UCMR 5 Minimum Reporting Levels (MRLs) and how were they determined?

1. This Final Rule

EPA is maintaining the proposed minimum reporting levels for the UCMR 5 contaminants. EPA establishes MRLs to ensure consistency in the quality of the information reported to the agency. As defined in 40 CFR 141.40(a)(5)(iii) of this preamble, the MRL is the minimum quantitation level that, with 95 percent confidence, can be achieved by capable analysts at 75 percent or more of the laboratories using a specified analytical method. More detailed explanation of the MRL calculation is in the “Technical Basis for the Lowest Concentration Minimum Reporting Level (LCMRL) Calculator” (USEPA, 2010), available at ( https://www.epa.gov/dwanalyticalmethods/lowest-concentration-minimum-reporting-level-lcmrl-calculator ).

EPA requires each laboratory interested in supporting UCMR analyses to demonstrate that they can reliably make quality measurements at or below the established MRL to ensure that high quality results are being reported by participating laboratories. EPA established the proposed MRLs in 40 CFR 141.40(a)(3), Table 1 of this preamble, for each analyte/method by obtaining data from at least three laboratories that performed “lowest concentration minimum reporting level” (LCMRL) studies. The results from these laboratory LCMRL studies can be found in the “UCMR 5 Laboratory Approval Manual” (USEPA, 2021f), available in the electronic docket (see the ADDRESSES section of this preamble).

The multiple laboratory LCMRLs were then processed through a statistical routine to derive an MRL that, with 95 percent confidence, is predicted to be attainable by 75 percent of laboratories using the prescribed method. EPA considers these to be the lowest reporting levels that can practically and consistently be achieved on a national basis (recognizing that individual laboratories may be able to measure at lower levels).

2. Summary of Major Comments and EPA Responses

Some commenters recommended that EPA establish lower MRLs for the 29 PFAS in UCMR 5. MRLs used for the UCMR program are based on calculations that account for the ability of laboratories to report accurate and precise measurements with a specific statistical confidence. Based on the results from multiple laboratories that participated in MRL-setting studies, EPA concluded that the proposed MRLs represent the lowest feasible levels for a national MRL measure. Sensitivity ( i.e., quantitation limit) may improve with time, experience, and instrumentation advances.

H. What are the requirements for laboratory analysis of field reagent blank samples?

1. This Final Rule

EPA initially proposed that laboratories analyze all field reagent blank (FRB) samples, along with the corresponding field samples, to reduce the possibility of invalidating a positive field sample result ( i.e., a field sample result at or above the MRL) because of FRB hold times being exceeded.

2. Summary of Major Comments and EPA Responses

EPA did not receive any comments expressing concerns with the laboratory approval process; however, the agency did receive a comment on the FRB sample analysis criteria, suggesting that the agency not require analysis of every FRB sample. EPA Method 537.1 and Method 533, used for PFAS analysis, require collection of a corresponding FRB sample from each unique sampling location for each sampling event. The methods require that the FRB be analyzed if there is a positive result for a PFAS analyte in a corresponding field sample. Based on further consideration, EPA is now providing laboratories with discretion as to whether they analyze every FRB sample proactively or only those associated with positive field sample results. This is with the understanding that laboratories must analyze field samples promptly enough such that the corresponding FRB analyses, if needed, may be completed within the prescribed hold time. Compliance with the method hold-time requirements, and other provisions of the methods, is a condition of maintaining laboratory approval. EPA is studying the possibility of extending the FRB hold times for EPA Method 537.1 and Method 533, and will communicate the results of the studies with the approved laboratories.

I. How will EPA support risk communication for UCMR 5 results?

EPA received comments requesting that the agency develop and provide risk communication materials to support interpretation and characterization of UCMR 5 results. EPA intends to publish a “reference concentration” summary document with available EPA health values; provide a template for PWSs to consider using in communicating with their customers about the detection of PFAS in drinking water; and provide other supporting material as risk-related information becomes available.

V. Statutory and Executive Order Reviews

Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

This action is a significant regulatory action that was submitted to the Office of Management and Budget (OMB) for review. Any changes made in response to OMB recommendations have been documented in the docket. A full analysis of potential costs associated with this action, the “Information Collection Request for the Final Unregulated Contaminant Monitoring Rule (UCMR 5),” (USEPA, 2021b) ICR Number 2040-0304, is also available in the docket (Docket ID No. EPA-HQ-OW-2020-0530). A summary of the ICR can be found in Section I.C of this preamble.

B. Paperwork Reduction Act (PRA)

The information collection activities in this final rule have been submitted for approval to the Office of Management and Budget (OMB) under the PRA. The Information Collection Request (ICR) document (USEPA, 2021b) that EPA prepared has been assigned EPA ICR number ICR 2683.02. You can find a copy of the ICR in the docket for this final rule, and it is briefly summarized here. The information collection requirements are not enforceable until OMB approves them.

The information that EPA will collect under this final rule fulfills the statutory requirements of Section1445(a)(2) of SDWA, as amended in 1996, 2018, and 2019. The data will describe the source of the water, location, and test results for samples taken from public water systems (PWSs) as described in 40 CFR 141.35(e). The information collected will support EPA's decisions as to whether or not to regulate particular contaminants under SDWA. Reporting is mandatory. The data are not subject to confidentiality protection.

The 5-year UCMR 5 period spans 2022-2026. UCMR 5 sample collection begins in 2023 and continues through 2025. Since ICRs cannot be approved by OMB for a period longer than three years pursuant to 5 CFR 1320.10, the primary analysis in the ICR only covers the first three years of the UCMR 5 period ( i.e., 2022-2024). Prior to expiration of the initial UCMR 5 ICR, EPA will seek to extend the ICR and thus receive approval to collect information under the PRA in the remaining two years of the UCMR 5 period (2025-2026).

EPA received several comments regarding cost and burden of the proposed rule. Those comments recommended that EPA provide more accurate cost estimates. EPA's response is detailed more fully in the “Response to Comments on the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal,” (USEPA, 2021i), which can be found in the electronic docket listed in the ADDRESSES section of this preamble.

EPA has reviewed and, as appropriate, revised the cost and burden figures for UCMR 5; this includes using updated unit cost estimates for sample analysis. The annual burden and cost estimates described in this section are based on the implementation assumptions described in Section III of this preamble, among them the inclusion of all systems serving 3,300 to 10,000 people and a representative sample of smaller systems. As such, those estimates represent an upper bound. If EPA does not receive the necessary appropriations in one or more of the collections years—and thus collects data from fewer small systems—the actual costs would be lower than those estimated here. In general, burden hours were calculated by:

1. Determining the activities that PWSs and states would complete to comply with UCMR activity;

2. Estimating the number of hours per activity;

3. Estimating the number of respondents per activity; and

4. Multiplying the hours per activity by the number of respondents for that activity.

Respondents/affected entities: The respondents/affected entities are small PWSs (those serving 25 to 10,000 people); large PWSs (those serving 10,001 to 100,000 people); very large PWSs (those serving more than 100,000 people); and states.

Respondent's obligation to respond: Mandatory (40 CFR 141.35).

Estimated number of respondents: Respondents to UCMR 5 include 5,947 small PWSs, 4,364 large PWSs, and the 56 primacy agencies (50 States, one Tribal nation, and five Territories) for a total of 10,367 respondents.

Frequency of response: The frequency of response varies across respondents and years. Across the initial 3-year ICR period for UCMR 5, small PWSs will sample an average of 2.8 times per PWS ( i.e., number of responses per PWS); large PWSs will sample and report an average of 3.2 times per PWS; and very large PWSs will sample and report an average of 3.7 times per PWS.

Total estimated burden: 48,469 hours (per year). Burden is defined at 5 CFR 1320.3(b).

Total estimated cost: $9,404,007 annualized capital or operation & maintenance costs.

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 the EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB approves this ICR, the agency will announce that approval in the Federal Register and publish a technical amendment to 40 CFR part 9 to display the OMB control number for the approved information collection activities contained in this final rule.

C. Regulatory Flexibility Act (RFA)

For purposes of assessing the impacts of this final rule on small entities, EPA considered small entities to be PWSs serving 25 to 10,000 people. As required by the RFA, EPA proposed using this alternative definition in the Federal Register (63 FR 7606, February 13, 1998 (USEPA, 1998a)), sought public comment, consulted with the Small Business Administration (SBA) Office of Advocacy, and finalized the alternative definition in the Consumer Confidence Reports rulemaking (63 FR 44512, August 19, 1998 (USEPA, 1998b)). As stated in that document, the alternative definition applies to this regulation.

Exhibit 6—Number of Publicly- and Privately-Owned Small Systems Subject to UCMR 5 1
1 In the absence of appropriations to support monitoring at all PWSs serving 3,300 to 10,000 people, EPA could instead include as few as 400 PWSs serving 25 to 3,299 people and 400 PWSs serving 3,300 to 10,000 people (for a representative sample of 800 PWSs serving 25 to 10,000 people).
2 PWS counts were adjusted to display as whole numbers in each size category.
System size (number of people served)Publicly-ownedPrivately-ownedTotal 2
Ground Water
500 and under42126168
501 to 3,300320121441
3,301 to 10,0002,3345412,875
Subtotal Ground Water2,6967883,484
Surface Water (and Ground Water Under the Direct Influence of Surface Water)
500 and under91120
501 to 3,30012645171
3,301 to 10,0001,7625102,272
Subtotal Surface Water1,8975662,463
Total of Small Water Systems4,5931,3545,947

The basis for the UCMR 5 RFA certification is as follows: For the 5,947 small water systems that EPA anticipates will be affected, per the planned monitoring, the average annual cost for complying with this final rule represents an average of 0.02 percent of system revenues. The average yearly cost to small systems to comply with UCMR 5 over the 5-year period of 2022-2026, is approximately $0.3 million. EPA anticipates that approximately one third of the 5,947 small PWSs will collect samples in each of three years (2023, 2024, and 2025).

PWS costs are attributed to the labor required for reading about UCMR 5 requirements, monitoring, reporting, and record keeping. The estimated average annual burden across the 5-year UCMR 5 implementation period of 2022-2026 is 1.3 hours at $52 per small system. By assuming all costs for laboratory analyses, shipping and quality control for small entities, EPA incurs the entirety of the non-labor costs associated with UCMR 5 small system monitoring, or 96 percent of total small system testing costs. Exhibit 7 and Exhibit 8 of this preamble present the estimated economic impacts in the form of a revenue test for publicly- and privately-owned systems.

Exhibit 7—UCMR 5 Relative Cost Analysis for Small Publicly-Owned Systems [2022-2026] 1
System size (number of people served)Annual number of systems impacted 2 Average annual hours per systemAverage annual cost per systemSBREFA criteria- revenue test 3 (%)
1 In the absence of appropriations to support monitoring at all PWSs serving 3,300 to 10,000 people, EPA could instead include as few as 400 PWSs serving 25 to 3,299 people and 400 PWSs serving 3,300 to 10,000 people (for a representative sample of 800 PWSs serving 25 to 10,000 people).
2 PWS counts were adjusted to display as whole numbers in each size category. Includes the publicly-owned portion of small systems subject to UCMR 5.
3 Costs are presented as a percentage of median annual revenue for each size category.
Ground Water Systems
500 and under81.0$40.650.09
501 to 3,300641.143.370.02
3,301 to 10,0004671.349.920.01
Surface Water (and Ground Water Under the Direct Influence of Surface Water) Systems
500 and under21.454.390.07
501 to 3,300251.456.190.02
3,301 to 10,0003531.557.390.004
Exhibit 8—UCMR 5 Relative Cost Analysis for Small Privately-Owned Systems [2022-2026] 1
System size (number of people served)Annual number of systems impacted 2 Average annual hours per systemAverage annual cost per systemSBREFA criteria- revenue test 3 (%)
1 In the absence of appropriations to support monitoring at all PWSs serving 3,300 to 10,000 people, EPA could instead include as few as 400 PWSs serving 25 to 3,299 people and 400 PWSs serving 3,300 to 10,000 people (for a representative sample of 800 PWSs serving 25 to 10,000 people).
2 PWS counts were adjusted to display as whole numbers in each size category. Includes the privately-owned portion of small systems subject to UCMR 5.
3 Costs are presented as a percentage of median annual revenue for each size category.
Ground Water Systems
500 and under251.0$40.650.48
501 to 3,300241.1$43.370.03
3,301 to 10,0001081.3$49.920.004
Surface Water (and Ground Water Under the Direct Influence of Surface Water) Systems
500 and under21.4$54.390.11
501 to 3,30091.4$56.190.02
3,301 to 10,0001021.5$57.390.004

Up to 9.4 percent of all small systems ( i.e., up to 5,947 small PWSs serving 25 to 10,000 people) will participate in UCMR 5 if EPA receives the necessary appropriations to support its plan. EPA has determined that participating small systems will experience an average impact of 0.02 percent of revenues. This accounts for small PWSs familiarizing themselves with the regulatory requirements; reading sampling instructions; traveling to the sampling location; collecting and shipping the samples; and maintaining their records. The 5,947 small PWSs are comprised of all 5,147 systems serving between 3,300 and 10,000 people, and the representative group of 800 systems serving between 25 and 3,299 people; the remainder of small systems will not participate in UCMR 5 monitoring and will not be impacted.

I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. The small entities subject to the requirements of this action along with a description of the very minor impacts are previously addressed in this section. Although this final rule will not have a significant economic impact on a substantial number of small entities, EPA has attempted to reduce impacts by assuming all costs for analyses of the samples, and for shipping the samples from small systems to laboratories contracted by EPA to analyze the UCMR 5 samples (the cost of shipping is included in the cost of each analytical method). EPA has historically set aside $2.0 million each year from the Drinking Water State Revolving Fund (DWSRF) with its authority to use DWSRF monies for the purposes of implementing this provision of SDWA. EPA anticipates drawing on these and additional funds, if available, to implement the plan and carry out the expanded UCMR monitoring approach outlined in AWIA. We have therefore concluded that this action will have no significant impact on any directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action implements mandate(s) specifically and explicitly set forth in SDWA Section 1445(a)(2), Monitoring Program for Unregulated Contaminants.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

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

This action has Tribal implications. However, it will neither impose substantial direct compliance costs on federally recognized Tribal governments, nor preempt Tribal law. As described previously in this document, this final rule requires monitoring by all large PWSs. Information in the SDWIS/Fed water system inventory indicates there are approximately 27 large Tribal PWSs (serving 10,001 to 40,000 people). EPA estimates the average annual cost to each of these large PWSs, over the 5-year rule period, to be $1,783. This cost is based on a labor component (associated with the collection of samples), and a non-labor component (associated with shipping and laboratory fees). As planned, UCMR 5 is expected to also require monitoring by all small PWSs serving 3,300 to 10,000 people and a nationally representative sample of small PWSs serving 25 to 3,299 people. Information in the SDWIS/Fed water system inventory indicates there are approximately 75 small Tribal PWSs (serving 3,300 to 10,000 people). EPA estimates that less than 2 percent of small Tribal systems serving 25 to 3,299 people will be selected as part of the nationally representative sample. EPA estimates the average annual cost to small Tribal systems over the 5-year rule period to be $52. Such cost is based on the labor associated with collecting a sample and preparing it for shipping. All other small-PWS expenses (associated with shipping and laboratory fees) are paid by EPA.

EPA consulted with Tribal officials under the EPA Policy on Consultation and Coordination with Indian Tribes early in the process of developing this regulation to permit them to have meaningful and timely input into its development. A summary of that consultation, titled, “Summary of the Tribal Coordination and Consultation Process for the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal,” is provided in the electronic docket listed in the ADDRESSES section of this preamble.

As required by section 7(a), the EPA's Tribal Consultation Official has certified that the requirements of the executive order have been met in a meaningful and timely manner. A copy of the certification is included in the docket for this action.

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

EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern such an environmental health risk or safety risk.

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

This action is not a “significant energy action” because it is not likely to have a significant adverse effect on the supply, distribution or use of energy and has not otherwise been designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. This is a national drinking water occurrence study that was submitted to OMB for review.

I. National Technology Transfer and Advancement Act (NTTAA)

This action involves technical standards. EPA has identified options that involve using analytical methods developed by the agency and three major voluntary consensus method organizations to support UCMR 5 monitoring. The voluntary consensus method organizations are Standard Methods for the Examination of Water and Wastewater, and ASTM International. EPA identified acceptable consensus method organization standards for the analysis of lithium. A summary of each method along with how the method specifically applies to UCMR 5 can be found in Section III.I of this preamble.

All of these standards are reasonably available for public use. EPA methods are free for download on the agency's website. The methods in the Standard Methods for the Examination of Water and Wastewater 23rd edition are consensus standards, available for purchase from the publisher, and are commonly used by the drinking water laboratory community. The methods in the Standard Methods Online are consensus standards, available for purchase from the publisher's website, and are commonly used by the drinking water laboratory community. The methods from ASTM International are consensus standards, are available for purchase from the publisher's website, and are commonly used by the drinking water laboratory community.

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

EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. Background information regarding EPA's consideration of Executive Order 12898 in the development of this final rule is provided in Section III.F of this preamble, and an additional supporting document, titled, “Summary of Environmental Justice Considerations for the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal,” has been placed in the electronic docket listed in the ADDRESSES section of this preamble.

K. Congressional Review Act (CRA)

This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

VI. References

(i) ASDWA. 2013. Insufficient Resources for State Drinking Water Programs Threaten Public Health: An Analysis of State Drinking Water Programs' Resources and Needs. December 2013. Available at https://www.asdwa.org/asdwa-reports/.

(ii) ASTM. 2020. ASTM D1976-20— Standard Test Method for Elements in Water by Inductively-Coupled Plasma Atomic Emission Spectroscopy. ASTM, 100 Barr Harbor Drive, West Conshohocken, PA, 19428. Approved May 1, 2020. Available for purchase at https://www.astm.org/Standards/D1976.htm.

(iii) California DHS. 2002. California Department of Health Services. Determination of 1,2,3-Trichloropropane in Drinking Water by Purge and Trap Gas Chromatography/Mass Spectrometry. Division of Drinking Water and Environmental Management, Sanitation and Radiation Laboratories Branch, Berkeley, CA. Available at https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/documents/123-tcp/tcp_by_pt_gcms.pdf.

(iv) Settlement Agreement, Waterkeeper Alliance, Inc. v. U.S. EPA, No. 1:19-cv-00899-LJL (S.D.N.Y. Jun. 1, 2020).

(v) SM. 2017. 3120B—Metals by Plasma Emission Spectroscopy (2017): Inductively Coupled Plasma (ICP) Method. Standard Methods for the Examination of Water and Wastewater, 23rd edition. American Public Health Association, 800 I Street NW, Washington, DC 20001-3710.

(vi) SM Online. 1999. 3120B-99—Metals by Plasma Emission Spectroscopy: Inductively Coupled Plasma (ICP) Method (Editorial Revisions, 2020). Standard Methods Online. Available for purchase at http://www.standardmethods.org.

(vii) USEPA. 1989. National Primary Drinking Water Regulations; Filtration, Disinfection; Turbidity, Giardia lamblia, Viruses, Legionella, and Heterotrophic Bacteria; Final Rule. Federal Register . Vol. 54, No. 124, p. 27486, June 29, 1989.

(viii) USEPA. 1994. EPA Method 200.7—Determination of Metals and Trace Elements in Water and Wastes by Inductively Coupled Plasma-Atomic Emission Spectrometry, Revision 4.4. Office of Research and Development, Cincinnati, OH. Available at https://www.epa.gov/esam/method-2007-determination-metals-and-trace-elements-water-and-wastes-inductively-coupled-plasma.

(ix) USEPA. 1998a. National Primary Drinking Water Regulations: Consumer Confidence Reports; Proposed Rule. Federal Register . Vol. 63, No. 30, p. 7606, February 13, 1998.

(x) USEPA. 1998b. National Primary Drinking Water Regulation: Consumer Confidence Reports; Final Rule. Federal Register . Vol. 63, No. 160, p. 44512, August 19, 1998.

(xi) USEPA. 2010. Technical Basis for the Lowest Concentration Minimum Reporting Level (LCMRL) Calculator. EPA 815-R-11-001. Office of Water. December 2010. Available at https://www.epa.gov/dwanalyticalmethods.

(xii) USEPA. 2011. Exposure Factors Handbook 2011 Edition (Final Report). U.S. EPA, Washington, DC, EPA/600/R-09/052F. Office of Research and Development, Washington, DC. September 2011. Available at https://www.epa.gov/expobox/about-exposure-factors-handbook.

(xiii) USEPA. 2012. Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems; Final Rule. Federal Register . Vol. 77, No. 85, p. 26072, May 2, 2012.

(xiv) USEPA. 2016. Revisions to the Unregulated Contaminant Monitoring Rule (UCMR 4) for Public Water Systems and Announcement of Public Meeting. Federal Register . Vol. 81, No. 244, p. 92666, December 20, 2016.

(xv) USEPA. 2017. National Primary Drinking Water Regulations; Announcement of the Results of EPA's Review of Existing Drinking Water Standards and Request for Public Comment and/or Information on Related Issues. Federal Register . Vol. 82, No. 7, p. 3518, January 11, 2017.

(xvi) USEPA. 2018. Method Development for Unregulated Contaminants in Drinking Water: Public Meeting and Webinar. EPA 815-A-18-001. Office of Water. June 2018. Available at https://www.epa.gov/dwanalyticalmethods.

(xvii) USEPA. 2019a. Development of the Proposed Unregulated Contaminant Monitoring Rule for the Fifth Monitoring Cycle (UCMR 5). Presentation Slides. EPA 815-A-19-001. Office of Water. Available at https://www.epa.gov/dwucmr/unregulated-contaminant-monitoring-rule-ucmr-meetings-and-materials.

(xviii) USEPA. 2019b. EPA Method 533—Determination of Per- and Polyfluoroalkyl Substances in Drinking Water by Isotope Dilution Anion Exchange Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry. EPA 815-B-19-020. Office of Water, Cincinnati, OH. November 2019. Available at https://www.epa.gov/dwanalyticalmethods.

(xix) USEPA. 2019c. Appendix C: 1,2,3-Trichloropropane in Regulatory Determination 4 Support Document for Selected Contaminants from the Fourth Drinking Water Contaminant Candidate List (CCL 4). EPA 815-R-19-006. Docket ID EPA-HQ-OW-2019-0583. Available at https://www.regulations.gov.

(xx) USEPA. 2020. EPA Method 537.1—Determination of Selected Per- and Polyfluorinated Alkyl Substances in Drinking Water by Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry (LC/MS/MS). Version 2.0. EPA/600/R-20/006. Office of Research and Development, Cincinnati, OH. March 2020. Available at https://www.epa.gov/dwanalyticalmethods.

(xxii) USEPA. 2021a. Selection of Nationally Representative Public Water Systems for the Unregulated Contaminant Monitoring Rule: 2021 Update. EPA 815-B-21-012. Office of Water. December 2021.

(xxiii) USEPA. 2021b. Information Collection Request for the Final Unregulated Contaminant Monitoring Rule (UCMR 5). EPA 815-B-21-008. Office of Water. December 2021.

(xxiv) USEPA. 2021c. Revisions to the Unregulated Contaminant Monitoring Rule for the Fifth Monitoring Cycle (UCMR 5): Public Meeting and Webinar. Presentation Slides. EPA 815-A-21-001. Office of Water. April 2021. Available at https://www.epa.gov/dwucmr/unregulated-contaminant-monitoring-rule-ucmr-meetings-and-materials.

(xxv) USEPA. 2021d. Drinking Water Contaminant Candidate List 5—Draft. Federal Register . Vol. 86, No. 135 p. 37948, July 19, 2021.

(xxvi) USEPA. 2021e. Information Compendium for Contaminants for the Final Unregulated Contaminant Monitoring Rule (UCMR 5). EPA 815-B-21-009. Office of Water. December 2021.

(xxvii) USEPA. 2021f. UCMR 5 Laboratory Approval Manual. EPA 815-B-21-010. Office of Water. December 2021.

(xxviii) USEPA. 2021g. Revisions to the Unregulated Contaminant Monitoring Rule for Public Water Systems and Announcement of Public Meeting; Proposed Rule and Notice of Public Meeting. Federal Register . Vol. 86, No. 46, p. 13846, March 11, 2021.

(xxix) USEPA. 2021h. Revisions to 40 CFR 141.35 and 141.40. EPA 815-B-21-011. Office of Water. December 2021. Available in EPA's public docket (under Docket ID No. EPA-HQ-OW-2020-0530) at https://www.regulations.gov.

(xxx) USEPA. 2021i. Response to Comments on the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Proposal. EPA 815-R-21-008. Office of Water. December 2021.

(xxi) USEPA. 2021j. Instructions for Preparing a Ground Water Representative Monitoring Plan for the Unregulated Contaminant Monitoring Rule. EPA 815-B-21-013. Office of Water. December 2021.

List of Subjects in 40 CFR Part 141

Environmental protection, Chemicals, Incorporation by reference, Indian—lands, Intergovernmental relations, Reporting and recordkeeping requirements, Water supply.

Michael S. Regan,

Administrator.

For the reasons set forth in the preamble, EPA amends 40 CFR part 141 as follows:

PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS

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

Authority:

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

Subpart D—Reporting and Recordkeeping

2. Amend §141.35 as follows:

a. In paragraph (a), revise the fourth sentence;

b. In paragraph (c)(1), remove the text “December 31, 2017” and add, in its place the text “December 31, 2022”;

c. Revise paragraphs (c)(2), (c)(3)(i) through (iii), (c)(4), (c)(5)(i), and (c)(6)(ii);

d. In paragraph (d)(2), revise the first, second, and third sentences; and

f. Revise paragraph (e).

The revisions read as follows:

§141.35 Reporting for unregulated contaminant monitoring results.

(a) * * * For the purposes of this section, PWS “population served” is the retail population served directly by the PWS as reported to the Federal Safe Drinking Water Information System (SDWIS/Fed). * * *

* * * * *

(c) * * *

(2) Sampling location inventory information. You must provide your inventory information by December 31, 2022, using EPA's electronic data reporting system, as specified in paragraph (b)(1) of this section. You must submit, verify, or update data elements 1-9 (as defined in Table 1 of paragraph (e) of this section) for each sampling location, or for each approved representative sampling location (as specified in paragraph (c)(3) of this section) regarding representative sampling locations. If this information changes, you must report updates, including new sources, and sampling locations that are put in use before or during the UCMR sampling period, to EPA's electronic data reporting system within 30 days of the change.

(3) * * *

(i) Qualifications. Large PWSs that have EPA- or State-approved representative EPTDS sampling locations from a previous UCMR cycle, or as provided for under 40 CFR 141.23(a)(1), 40 CFR 141.24(f)(1), or 40 CFR 141.24(h)(1), may submit a copy of documentation from your State or EPA that approves your representative sampling plan. PWSs that do not have an approved representative EPTDS sampling plan may submit a proposal to sample at representative EPTDS(s) rather than at each individual EPTDS if: You use ground water as a source; all of your well sources have either the same treatment or no treatment; and you have multiple EPTDSs from the same source ( i.e., same aquifer). You must submit a copy of the existing or proposed representative EPTDS sampling plan, as appropriate, at least six months prior to your scheduled sample collection, as specified in paragraph (b)(1) of this section. If changes to your inventory that impact your representative plan occur before or during the UCMR sampling period, you must report updates within 30 days of the change.

(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 propose as representative of multiple wells is associated with a well that draws from the same aquifer as the wells it will represent. The proposed well must be representative of the highest annual volume and most consistently active wells in the representative array. If that representative well is not in use at the scheduled sampling time, you must select and sample an alternative representative well. You must submit the information defined in Table 1, paragraph (e) of this section for each proposed representative sampling location. 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 ground water travel time between the representative well and 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.

(iii) Approval. EPA or the State (as specified in the Partnership Agreement reached between the State and EPA) will review your proposal and coordinate any necessary changes with you. Your plan will not be final until you receive written approval from EPA, identifying the final list of EPTDSs where you will be required to monitor.

(4) Contacting EPA if your PWS has not been notified of requirements. If you believe you are subject to UCMR requirements, as defined in 40 CFR 141.40(a)(1) and (a)(2)(i), and you have not been contacted by either EPA or your State by April 26, 2022, 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 40 CFR 141.40(a)(2)(i), you are subject to the UCMR monitoring and reporting requirements, regardless of whether you have been contacted by the State or EPA.

(5) * * *

(i) General rescheduling notification requirements. Large systems may independently change their monitoring schedules up to December 31, 2022, using EPA's electronic data reporting system, as specified in paragraph (b)(1) of this section. After this date has passed, if your PWS cannot sample according to your assigned sampling schedule ( e.g., because of budget constraints, or if a sampling location will be closed during the scheduled month of monitoring), you must mail or email a letter to EPA, as specified in paragraph (b)(1) of this section, prior to the scheduled sampling date. You must include an explanation of why the samples cannot be taken according to the assigned schedule, and you must provide the alternative schedule you are requesting. You must not reschedule monitoring specifically to avoid sample collection during a suspected vulnerable period. You are subject to your assigned UCMR sampling schedule or the schedule that you revised on or before December 31, 2022, unless and until you receive a letter from EPA specifying a new schedule.

* * * * *

(6) * * *

(ii) Reporting schedule. You must require your laboratory, on your behalf, to post and approve the data in EPA's electronic data reporting system, accessible at https://www.epa.gov/dwucmr, for your review within 90 days from the sample collection date (sample collection must occur as specified in 40 CFR 141.40(a)(4)). You then have 30 days from when the laboratory posts and approves your data to review, approve, and submit the data to the State and EPA via the agency's electronic data reporting system. If you do not electronically approve and submit the laboratory data to EPA within 30 days of the laboratory posting approved data, the data will be considered approved by you and available for State and EPA review.

* * * * *

(d) * * *

(2) Sampling location inventory information. You must provide your inventory information by December 31, 2022, using EPA's electronic data reporting system, as specified in paragraph (b)(1) of this section. If this information changes, you must report updates, including new sources, and sampling locations that are put in use before or during the UCMR sampling period, to EPA's electronic data reporting system within 30 days of the change, as specified in paragraph (b)(1) of this section. * * *

(e) Data elements. Table 1 defines the data elements that must be provided for UCMR monitoring.

Table 1 to Paragraph (e)—Unregulated Contaminant Monitoring Reporting Requirements
Data elementDefinition
1. Public Water System Identification (PWSID) CodeThe code used to identify each PWS. The code begins with the standard 2-character postal State abbreviation or Region code; the remaining 7 numbers are unique to each PWS in the State. The same identification code must be used to represent the PWS identification for all current and future UCMR monitoring.
2. Public Water System NameUnique name, assigned once by the PWS.
3. Public Water System Facility Identification CodeAn identification code established by the State or, at the State's discretion, by the PWS, following the format of a 5-digit number unique within each PWS for each applicable facility (i.e., for each source of water, treatment plant, distribution system, or any other facility associated with water treatment or delivery). The same identification code must be used to represent the facility for all current and future UCMR monitoring.
4. Public Water System Facility NameUnique name, assigned once by the PWS, for every facility ID ( e.g., Treatment Plant).
5. Public Water System Facility TypeThat code that identifies that type of facility as either: CC = Consecutive connection. SS = Sampling station. TP = Treatment plant. OT = Other.
6. Water Source TypeThe type of source water that supplies a water system facility. Systems must report one of the following codes for each sampling location:
SW = Surface water (to be reported for water facilities that are served entirely by a surface water source during the 12-month period).
GU = Ground water under the direct influence of surface water (to be reported for water facilities that are served all or in part by ground water under the direct influence of surface water at any time during the 12-month sampling period), and are not served at all by surface water during this period.
MX = Mixed water (to be reported for water facilities that are served by a mix of surface water, ground water, and/or ground water under the direct influence of surface water during the 12-month period).
GW = Ground water (to be reported for water facilities that are served entirely by a ground water source during the 12-month period).
7. Sampling Point Identification CodeAn identification code established by the State, or at the State's discretion, by the PWS, that uniquely identifies each sampling point. Each sampling code must be unique within each applicable facility, for each applicable sampling location (i.e ., entry point to the distribution system). The same identification code must be used to represent the sampling location for all current and future UCMR monitoring.
8. Sampling Point NameUnique sample point name, assigned once by the PWS, for every sample point ID ( e.g., Entry Point).
9. Sampling Point Type CodeA code that identifies the location of the sampling point as: EP = Entry point to the distribution system.
10. Disinfectant TypeAll of the disinfectants/oxidants that have been added prior to and at the entry point to the distribution system. Please select all that apply:
PEMB = Permanganate.
HPXB = Hydrogen peroxide.
CLGA = Gaseous chlorine.
CLOF = Offsite generated hypochlorite (stored as a liquid form).
CLON = Onsite generated hypochlorite.
CAGC = Chloramine (formed with gaseous chlorine).
CAOF = Chloramine (formed with offsite hypochlorite).
CAON = Chloramine (formed with onsite hypochlorite).
CLDB = Chlorine dioxide.
OZON = Ozone.
ULVL = Ultraviolet light.
OTHD = All other types of disinfectant/oxidant.
NODU = No disinfectant/oxidant used.
11. Treatment InformationTreatment information associated with the sample point. Please select all that apply.
CON = Conventional (non-softening, consisting of at least coagulation/sedimentation basins and filtration).
SFN = Softening.
RBF = River bank filtration.
PSD = Pre-sedimentation.
INF = In-line filtration.
DFL = Direct filtration.
SSF = Slow sand filtration.
BIO = Biological filtration (operated with an intention of maintaining biological activity within filter).
UTR = Unfiltered treatment for surface water source.
GWD = Groundwater system with disinfection only.
PAC = Application of powder activated carbon.
GAC = Granular activated carbon adsorption (not part of filters in CON, SFN, INF, DFL, or SSF).
AIR = Air stripping (packed towers, diffused gas contactors).
POB = Pre-oxidation with chlorine (applied before coagulation for CON or SFN plants or before filtration for other filtration plants).
MFL = Membrane filtration.
IEX = Ionic exchange.
DAF = Dissolved air floatation.
CWL = Clear well/finished water storage without aeration.
CWA = Clear well/finished water storage with aeration.
ADS = Aeration in distribution system (localized treatment).
OTH = All other types of treatment.
NTU = No treatment used.
DKN = Do not know.
12. Sample Collection DateThe date the sample is collected, reported as 4-digit year, 2-digit month, and 2-digit day (YYYYMMDD).
13. Sample Identification CodeAn 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.
14. ContaminantThe unregulated contaminant for which the sample is being analyzed.
15. Analytical Method CodeThe identification code of the analytical method used.
16. Extraction Batch Identification CodeLaboratory assigned extraction batch ID. Must be unique for each extraction batch within the laboratory for each method. For CCC samples report the Analysis Batch Identification Code as the value for this field. For methods without an extraction batch, leave this field null.
17. Extraction DateDate for the start of the extraction batch (YYYYMMDD). For methods without an extraction batch, leave this field null.
18. Analysis Batch Identification CodeLaboratory assigned analysis batch ID. Must be unique for each analysis batch within the laboratory for each method.
19. Analysis DateDate for the start of the analysis batch (YYYYMMDD).
20. Sample Analysis TypeThe type of sample collected and/or prepared, as well as the fortification level. Permitted values include: CCCL = MRL level continuing calibration check; a calibration standard containing the contaminant, the internal standard, and surrogate analyzed to verify the existing calibration for those contaminants.
CCCM = Medium level continuing calibration check; a calibration standard containing the contaminant, the internal standard, and surrogate analyzed to verify the existing calibration for those contaminants.
CCCH = High level continuing calibration check; a calibration standard containing the contaminant, the internal standard, and surrogate analyzed to verify the existing calibration for those contaminants.
FS = Field sample; sample collected and submitted for analysis under this final rule.
LFB = Laboratory fortified blank; an aliquot of reagent water fortified with known quantities of the contaminants and all preservation compounds.
LRB = Laboratory reagent blank; an aliquot of reagent water treated exactly as a field sample, including the addition of preservatives, internal standards, and surrogates to determine if interferences are present in the laboratory, reagents, or other equipment.
LFSM = Laboratory fortified sample matrix; a UCMR field sample with a known amount of the contaminant of interest and all preservation compounds added.
LFSMD = Laboratory fortified sample matrix duplicate; duplicate of the laboratory fortified sample matrix.
QCS = Quality control sample; a sample prepared with a source external to the one used for initial calibration and CCC. The QCS is used to check calibration standard integrity.
FRB = Field reagent blank; an aliquot of reagent water treated as a sample including exposure to sampling conditions to determine if interferences or contamination are present from sample collection through analysis.
21. Analytical Result—SignA value indicating whether the sample analysis result was: (<) “less than” means the contaminant was not detected, or was detected at a level below the Minimum Reporting Level. (=) “equal to” means the contaminant was detected at the level reported in “Analytical Result— Measured Value.”
22. Analytical Result—Measured ValueThe actual numeric value of the analytical results for: Field samples; laboratory fortified matrix samples; laboratory fortified sample matrix duplicates; and concentration fortified.
23. Additional ValueRepresents the true value or the fortified concentration for spiked samples for QC Sample Analysis Types (CCCL, CCCM, CCCH, QCS, LFB, LFSM, and LFSMD).
24. Laboratory Identification CodeThe 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.
25. Sample Event CodeA 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, SE2, SE3, and SE4—Represent samples collected to meet UCMR Assessment Monitoring requirements; where “SE1” and “SE2” represent the first and second sampling period for all water types; and “SE3” and “SE4” represent the third and fourth sampling period for SW, GU, and MX sources only.
26. Historical Information for Contaminant Detections and TreatmentA yes or no answer provided by the PWS for each entry point to the distribution system. Question: Have you tested for the contaminant in your drinking water in the past? YES = If yes, did you modify your treatment and if so, what types of treatment did you implement? Select all that apply.
PAC = Application of powder activated carbon.
GAC = Granular activated carbon adsorption (not part of filters in CON, SFN, INF, DFL, or SSF).
IEX = Ionic exchange.
NRO = Nanofiltration and reverse osmosis.
OZN = Ozone.
BAC = Biologically active carbon.
MFL = Membrane filtration.
UVL = Ultraviolet light.
OTH = Other.
NMT = Not modified after testing.
NO = Have never tested for the contaminant.
DK = Do not know.
27. Potential PFAS SourcesA yes or no answer provided by the PWS for each entry point to the distribution system. Question: Are you aware of any potential current and/or historical sources of PFAS that may have impacted the drinking water sources at your water system?
YES = If yes, select all that apply:
MB = Military base.
FT = Firefighting training school.
AO = Airport operations.
CW = Car wash or industrial launderers.
PS = Public safety activities ( e.g., fire and rescue services).
WM = Waste management.
HW = Hazardous waste collection, treatment, and disposal.
UW = Underground injection well.
SC = Solid waste collection, combustors, incinerators.
MF = Manufacturing.
FP = Food packaging.
TA = Textile and apparel ( e.g., stain- and water-resistant, fiber/thread, carpet, house furnishings, leather).
PP = Paper.
CC = Chemical.
PR = Plastics and rubber products.
MM = Machinery.
CE = Computer and electronic products.
FM = Fabricated metal products (e.g., nonstick cookware).
PC = Petroleum and coal products.
FF = Furniture.
OG = Oil and gas production.
UT = Utilities (e.g ., sewage treatment facilities).
CT = Construction (e.g ., wood floor finishing, electrostatic painting).
OT = Other.
NO = Not aware of any potential current and/or historical sources.
DK = Do not know.

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

3. Amend §141.40 as follows:

a. In paragraph (a) introductory text, remove the text “December 31, 2015” and add in its place the text “February 1, 2021 or subsequent corrections from the State”;

b. Revise paragraphs (a)(2)(ii) introductory text, (a)(2)(ii)(A), and (a)(3);

c. In paragraph (a)(4)(i) introductory text, remove the text “December 31, 2017” and add in its place the text “December 31, 2022”;

d. Revise paragraphs (a)(4)(i)(A) through (C), (a)(4)(ii) introductory text, and the first sentence in paragraph (a)(4)(ii)(A);

e. Remove paragraph (a)(4)(iii);

f. In paragraph (a)(5)(ii), revise the fifth and sixth sentences;

g. Revise paragraph (a)(5)(iii) introductory text;

h. Remove and reserve paragraph (a)(5)(iv); and

i. Revise paragraphs (a)(5)(v) and (vi) and paragraph (c).

The revisions read as follows:

§141.40 Monitoring requirements for unregulated contaminants.

(a) * * *

(2) * * *

(ii) Small systems. 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 non-community water system) that serves a retail population of 10,000 or fewer people and you are notified of monitoring requirements by the State or EPA, you must monitor as follows:

(A) Assessment Monitoring. You must monitor for the contaminants on List 1 per table 1 to paragraph (a)(3) if you are notified by your State or EPA that you are part of the State Monitoring Plan for Assessment Monitoring.

* * * * *

(3) Analytes to be monitored. Lists 1, 2, and 3 contaminants are provided in table 1 to paragraph (a)(3):

Table 1 to Paragraph(a)(3)—UCMR Contaminant List
1—Contaminant2—CASRN3—Analytical methods a 4—Minimum reporting level b 5—Sampling location c 6—Period during which sample collection to be completed
Column headings are:
1—Contaminant: The name of the contaminant to be analyzed.
2—CASRN (Chemical Abstracts Service Registry Number) or Identification Number: A unique number identifying the chemical contaminants.
3—Analytical Methods: Method numbers identifying the methods that must be used to test the contaminants.
4—Minimum Reporting Level (MRL): The value and unit of measure at or above which the concentration of the contaminant must be measured using the approved analytical methods. If EPA determines, after the first six months of monitoring that the specified MRLs result in excessive resampling, EPA will establish alternate MRLs and will notify affected PWSs and laboratories of the new MRLs. N/A is defined as non-applicable.
5—Sampling Location: The locations within a PWS at which samples must be collected.
6—Period During Which Sample Collection to be Completed: The time period during which the sampling and testing will occur for the indicated contaminant.
a The analytical procedures shall be performed in accordance with the documents associated with each method, see paragraph (c) of this section.
b The MRL is the minimum concentration of each analyte that must be reported to EPA.
c Sampling must occur at your PWS's entry points to the distribution system (EPTDSs), after treatment is applied, that represent each non-emergency water source in routine use over the 12-month period of monitoring. Systems that purchase water with multiple connections from the same wholesaler may select one representative connection from that wholesaler. The representative EPTDS must be a location within the purchaser's water system. This EPTDS sampling location must be representative of the highest annual volume connections. If the connection selected as the representative EPTDS is not available for sampling, an alternate highest volume representative connection must be sampled. See 40 CFR 141.35(c)(3) for an explanation of the requirements related to the use of representative GW EPTDSs.
List 1: Assessment Monitoring
Per- and Polyfluoroalkyl Substances (PFAS)
11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid (11Cl-PF3OUdS)763051-92-9EPA 5330.005 µg/LEPTDS1/1/2023-12/31/2025
1H, 1H, 2H, 2H-perfluorodecane sulfonic acid (8:2 FTS)39108-34-4EPA 5330.005 µg/LEPTDS1/1/2023-12/31/2025
1H, 1H, 2H, 2H-perfluorohexane sulfonic acid (4:2 FTS)757124-72-4EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
1H, 1H, 2H, 2H-perfluorooctane sulfonic acid (6:2 FTS)27619-97-2EPA 5330.005 µg/LEPTDS1/1/2023-12/31/2025
4,8-dioxa-3H-perfluorononanoic acid (ADONA)919005-14-4EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
9-chlorohexadecafluoro-3-oxanone-1-sulfonic acid (9Cl-PF3ONS)756426-58-1EPA 5330.002 µg/LEPTDS1/1/2023-12/31/2025
hexafluoropropylene oxide dimer acid (HFPO-DA) (GenX)13252-13-6EPA 5330.005 µg/LEPTDS1/1/2023-12/31/2025
nonafluoro‐3,6‐dioxaheptanoic acid (NFDHA)151772-58-6EPA 5330.02 µg/LEPTDS1/1/2023-12/31/2025
perfluoro (2‐ethoxyethane) sulfonic acid (PFEESA)113507-82-7EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
perfluoro‐3‐methoxypropanoic acid (PFMPA)377-73-1EPA 5330.004 µg/LEPTDS1/1/2023-12/31/2025
perfluoro‐4‐methoxybutanoic acid (PFMBA)863090-89-5EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
perfluorobutanesulfonic acid (PFBS)375-73-5EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
perfluorobutanoic acid (PFBA)375-22-4EPA 5330.005 µg/LEPTDS1/1/2023-12/31/2025
perfluorodecanoic acid (PFDA)335-76-2EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
perfluorododecanoic acid (PFDoA)307-55-1EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
perfluoroheptanesulfonic acid (PFHpS)375-92-8EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
perfluoroheptanoic acid (PFHpA)375-85-9EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
perfluorohexanesulfonic acid (PFHxS)355-46-4EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
perfluorohexanoic acid (PFHxA)307-24-4EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
perfluorononanoic acid (PFNA)375-95-1EPA 5330.004 µg/LEPTDS1/1/2023-12/31/2025
perfluorooctanesulfonic acid (PFOS)1763-23-1EPA 5330.004 µg/LEPTDS1/1/2023-12/31/2025
perfluorooctanoic acid (PFOA)335-67-1EPA 5330.004 µg/LEPTDS1/1/2023-12/31/2025
perfluoropentanesulfonic acid (PFPeS)2706-91-4EPA 5330.004 µg/LEPTDS1/1/2023-12/31/2025
perfluoropentanoic acid (PFPeA)2706-90-3EPA 5330.003 µg/LEPTDS1/1/2023-12/31/2025
perfluoroundecanoic acid (PFUnA)2058-94-8EPA 5330.002 µg/LEPTDS1/1/2023-12/31/2025
n-ethyl perfluorooctanesulfonamidoacetic acid (NEtFOSAA)2991-50-6EPA 537.10.005 µg/LEPTDS1/1/2023-12/31/2025
n-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA)2355-31-9EPA 537.10.006 µg/LEPTDS1/1/2023-12/31/2025
perfluorotetradecanoic acid (PFTA)376-06-7EPA 537.10.008 µg/LEPTDS1/1/2023-12/31/2025
perfluorotridecanoic acid (PFTrDA)72629-94-8EPA 537.10.007 µg/LEPTDS1/1/2023-12/31/2025
Metal/Pharmaceutical
Lithium7439-93-2EPA 200.7, SM 3120 B, ASTM D1976-209 µg/LEPTDS1/1/2023-12/31/2025
List 2: Screening Survey
ReservedReservedReservedReservedReservedReserved
List 3: Pre-Screen Testing
ReservedReservedReservedReservedReservedReserved

(4) * * *

(i) * * *

(A) Sample collection 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 timeframe indicated in column 6 of table 1 to 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 40 CFR 141.35(c)(5), you must contact EPA if you believe you cannot collect samples according to your schedule.

(B) Frequency. You must collect the samples within the timeframe and according to the frequency specified by contaminant type and water source type for each sampling location, as specified in table 2 to this paragraph (a)(4)(i)(B). For the second or subsequent round of sampling, if a sample location is non-operational for more than one month before and one month after the scheduled sampling month ( i.e., it is not possible for you to sample within the window specified in table 2), you must notify EPA as specified in 40 CFR 141.35(c)(5) to reschedule your sampling.

Table 2 to Paragraph ( )(4)( )(B)—Monitoring Frequency by Contaminant and Water Source Types
Contaminant typeWater source typeTimeframeFrequency 1
1 Systems must assign a sample event code for each contaminant listed in Table 1. Sample event codes must be assigned by the PWS for each sample event. For more information on sample event codes see 40 CFR 141.35(e) Table 1.
List 1 ContaminantsSurface water, Mixed, or GWUDI12 monthsYou must monitor for four consecutive quarters. Sample events must occur three months apart. (Example: If first monitoring is in January, the second monitoring must occur any time in April, the third any time in July, and the fourth any time in October).
Ground water12 monthsYou must monitor twice in a consecutive 12-month period. Sample events must occur 5-7 months apart. (Example: If the first monitoring event is in April, the second monitoring event must occur any time in September, October, or November.)

(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 to paragraph (a)(3) of this section. Samples must be collected at each sample point that is specified in column 5 and footnote c of table 1 to paragraph (a)(3) of this section. If you are a GW system with multiple EPTDSs, and you request and receive approval from EPA or the State for sampling at representative EPTDS(s), as specified in 40 CFR 141.35(c)(3), you must collect your samples from the approved representative sampling location(s).

* * * * *

(ii) Small systems. If you serve a population of 10,000 or fewer people and are notified that you are part of the State Monitoring Plan, you must comply with the requirements specified in paragraphs (a)(4)(ii)(A) through (H) of this section. If EPA or the State informs you that they will be collecting your UCMR samples, you must assist them in identifying the appropriate sampling locations and in collecting the samples.

(A) Sample collection 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 to paragraph (a)(3) of this section, List 1, and, if applicable, List 2, or List 3, and the frequency of monitoring in table 2 to paragraph (a)(4)(i)(B) of this section.

* * * * *

(5) * * *

(ii) * * * To participate in the UCMR Laboratory Approval Program, the laboratory must register and complete the necessary application materials by August 1, 2022. Correspondence must be addressed to: UCMR Laboratory Approval Coordinator, USEPA, Technical Support Center, 26 West Martin Luther King Drive, (MS 140), Cincinnati, Ohio 45268; or emailed to EPA at: UCMR_Lab_Approval@epa.gov.

(iii) Minimum Reporting Level. The MRL is defined by EPA as the quantitation limit achievable, with 95 percent confidence, by 75 percent of laboratories nationwide, assuming the use of good instrumentation and experienced analysts.

* * * * *

(v) Method defined quality control. You must ensure that your laboratory analyzes Laboratory Fortified Blanks and conducts Laboratory Performance Checks, as appropriate to the method's requirements, for those methods listed in column 3 in table 1 to paragraph (a)(3) of this section. Each method specifies acceptance criteria for these QC checks.

(vi) Reporting. You must require your laboratory, on your behalf, to post and approve these data in EPA's electronic data reporting system, accessible at https://www.epa.gov/dwucmr, for your review within 90 days from the sample collection date. You then have 30 days from when the laboratory posts and approves your data to review, approve, and submit the data to the State and EPA, via the agency's electronic data reporting system. If you do not electronically approve and submit the laboratory data to EPA within 30 days of the laboratory posting approved data, the data will be considered approved by you and available for State and EPA review.

* * * * *

(c) Incorporation by reference. The standards required in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at U.S. Environmental Protection Agency, Water Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004, (202) 566-1744, email Docket-customerservice@epa.gov, or go to https://www.epa.gov/dockets/epa-docket-center-reading-room, and is available from the sources indicated elsewhere in this paragraph. The material is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

(1) U.S. Environmental Protection Agency, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004; telephone: (202) 566-1744.

(i) Method 200.7, “Determination of Metals and Trace Elements in Water and Wastes by Inductively Coupled Plasma-Atomic Emission Spectrometry,” Revision 4.4, EMMC Version, 1994. Available at https://www.epa.gov/esam/method-2007-determination-metals-and-trace-elements-water-and-wastes-inductively-coupled-plasma.

(ii) Method 537.1, “Determination of Selected Per- and Polyfluorinated Alkyl Substances in Drinking Water by Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry,” Version 2.0, 2020. Available at https://www.epa.gov/water-research/epa-drinking-water-research-methods.

(iii) Method 533, “Determination of Per- and Polyfluoroalkyl Substances in Drinking Water by Isotope Dilution Anion Exchange Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry,” November 2019, EPA 815-B-19-020. Available at https://www.epa.gov/dwanalyticalmethods.

(2) American Public Health Association, 800 I Street NW, Washington, DC 20001-3710; telephone: (202) 777-2742; email: comments@apha.org; www.apha.org.

(i) “Standard Methods for the Examination of Water & Wastewater,” 23rd edition (2017).

(A) SM 3120 B, “Metals by Plasma Emission Spectroscopy (2017): Inductively Coupled Plasma (ICP) Method.”

(B) [Reserved]

(ii) “Standard Methods Online,” approved 1999; https://www.standardmethods.org.

(A) SM 3120 B, “Metals by Plasma Emission Spectroscopy: Inductively Coupled Plasma (ICP) Method,” revised December 14, 2020.

(B) [Reserved]

(3) ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; telephone: (610) 832-9500; email: service@astm.org; www.astm.org.

(i) ASTM D1976-20, “Standard Test Method for Elements in Water by Inductively-Coupled Plasma Atomic Emission Spectroscopy,” approved May 1, 2020.

(ii) [Reserved]

[FR Doc. 2021-27858 Filed 12-23-21; 8:45 am]

BILLING CODE 6560-50-P

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Most Recent Highlights In Environmental

Annual HFC report: First submissions due March 2026
2025-11-25T06:00:00Z

Annual HFC report: First submissions due March 2026

What do the manufacturers of hairspray cans, foam wall insulation, and ice cream machines have in common? If their products contain hydrofluorocarbons (HFCs), they have to report annually on the HFCs they use, and the first report due date is quickly approaching! Through the Technology Transitions Program, the Environmental Protection Agency (EPA) regulates HFCs used for new products and equipment in three sectors: aerosols, foams, and refrigeration, air conditioning, and heat pumps (RACHP). Among other compliance requirements of the 2023 Technology Transitions Rule, manufacturers and importers of HFC-containing products and equipment must submit annual reports.

Note: EPA’s October 2025 proposed rule to amend the 2023 Technology Transitions Rule doesn’t impact annual reporting requirements.

Use this overview to help you determine whether your business needs to report and, if so, what’s required.

Who reports?

Annual reporting applies to manufacturers and importers of products and equipment that use HFCs. An organization has to submit an annual report if:

  • It manufactures or imports a product or component within a regulated sector or subsector (see 40 CFR 84.54), and
  • The product or component uses or will use a regulated HFC or HFC blend.

Reporting requirements apply to manufacturers and importers in all sectors and subsectors, and they start with data from calendar year 2025. The first annual report is due to EPA by March 31, 2026.

Note that the annual reporting requirements don’t apply to entities that only:

  • Sell or distribute equipment, or
  • Install or operate new RACHP systems.

What’s reported?

In each annual report, covered manufacturers and importers must provide:

  • The entity’s name and address;
  • The entity’s contact person, email address, and phone number;
  • The calendar year covered by the report and the submission date;
  • All applicable North American Industry Classification System (NAICS) codes; and
  • A statement certifying that the data is accurate and that the products use HFCs or HFC blends in compliance with the use restrictions and labeling requirements.

Entities in all three sectors also have to report the total mass in metric tons of each HFC or HFC blend contained in all products and components manufactured, imported, and exported annually.

Further, sector-specific standards apply.

SectorRequires additional information for:See 40 CFR:
Aerosol
Sets of products with the same HFC combination and quantity
84.60(a)(5)
Foam
  • Sets of products (excluding foam-blowing containers) with the same HFC density and identity
  • Containers or foam-blowing products with foam-blowing agents
84.60(a)(4)
RACHP
  • Sets of products or components with the same charge size and HFC combination
  • Products or components with HFC-containing closed-cell foam
84.60(a)(3)

How’s the report submitted?

According to the latest information shared by EPA in the “Technology Transitions Program: What You Need to Know for January 1, 2025” webinar presentation, the agency is still designing the electronic platform for submitting annual reports. EPA plans to provide reporting instructions and forms before the upcoming deadline.

About the 2023 Technology Transitions Rule

HFCs are greenhouse gases that were developed to replace ozone-depleting substances for use in various products and equipment (primarily refrigeration and air-conditioning systems). The American Innovation and Manufacturing Act of 2020 gives EPA the authority to address HFCs by:

  • Phasing down production and consumption through the HFC Allowance Allocation Program,
  • Implementing restrictions on HFC use in specific sectors, and
  • Developing regulations to maximize the reclamation and minimize the release of HFCs from equipment.

The 2023 Technology Transition Rule established the Technology Transitions Program to restrict HFC uses in sectors and subsectors where lower global warming potential (GWP) technologies are or will soon be available. The regulations apply to manufacturers (including importers), exporters, sellers, distributors, and installers of systems or products in covered sectors that use HFCs.

What about the proposed changes to the 2023 Technology Transitions Rule?

On October 3, 2025, EPA proposed a rule to amend the existing 2023 Technology Transition Rule. However, the proposed changes don’t affect the annual reporting requirements for manufacturers and importers. All covered manufacturers and importers must submit the annual report by March 31, 2026.

The proposed rule impacts specific subsectors, including refrigerated transport, industrial process refrigeration, chillers, retail food (for supermarkets and remote condensing units), cold storage warehouses, and stationary residential and light commercial air conditioning and heat pumps. EPA proposes to:

  • Exempt certain intermodal containers transporting cargo at very cold temperatures;
  • Extend compliance dates for industrial process refrigeration used in semiconductor manufacturing;
  • Raise global warming potential thresholds for remote condensing units, supermarket systems, and cold storage warehouses;
  • Extend compliance dates for refrigerated centrifuges and laboratory shakers; and
  • Allow existing residential and light commercial air-conditioning and heat pump equipment (i.e., manufactured or imported before January 1, 2025) to continue to be installed.

Key to remember: The first annual reports required by the Technology Transitions Program for manufacturers and importers of HFC-containing products and equipment are due by March 31, 2026.

EPA’s SDS/Tier II reporting now in lockstep with OSHA HazCom
2025-11-25T06:00:00Z

EPA’s SDS/Tier II reporting now in lockstep with OSHA HazCom

EPA issued a direct final rule to update its safety data sheet (SDS) reporting and Tier II inventory reporting requirements. The changes align EPA 40 CFR 370 with OSHA’s Hazard Communication (HazCom) standard at 29 CFR 1910.1200.

The biggest change is that facilities will be able to copy the hazard categories directly from section 2 of the SDSs to their Tier II report forms. This eliminates the guesswork. However, facilities may face added strain with their first Tier II submission under the rule. Instead of relying on the grouped hazard categories selected in the previous year’s forms, it looks like facilities will need to spend extra time retrieving specific categories from their SDSs.

Who’s impacted by the rule?

EPA 40 CFR 370 applies to a facility owner or operator if:

  • The OSHA HazCom standard requires the facility to prepare or have available an SDS or material safety data sheet (MSDS) for a hazardous chemical;
  • The hazardous chemical is not exempted at 370.13 or 1910.1200(b)(6); and
  • The hazardous chemical is present at or above certain threshold levels.

If the applicability criteria are met, the facility owner/operator must submit to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire departments:

  • An SDS or MSDS for each covered hazardous chemical or a list of all covered hazardous chemicals; and
  • A Tier II hazardous chemical inventory form by March 1 annually for all covered hazardous chemicals.

A state may make its own laws and regulations in addition to or more stringent than federal Part 370.

What’s changing in Part 370?

Last year, OSHA amended its HazCom standard to conform to the seventh edition of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Changes to the chemical hazard classifications and categories were part of the amendments to 1910.1200. This is important because EPA Part 370 relies on the OSHA HazCom standard for the definition of “hazardous chemical” and the hazard categories that must be reported.

In the latest rule published November 17, 2025, EPA takes several actions to harmonize its regulations with OSHA’s. The preamble offers a complete list of amendments to Part 370. Here’s a summary:

Change:Details:Sections affected:
Adopts all 112 OSHA hazard categories
  • The hazard categories are amended to include the full list of OSHA hazard classes with their categories for health and physical hazards. (Previously, EPA used an abbreviated list of hazard classes. The change impacts both SDS reporting and Tier II reporting.)
370.3, 370.30, 370.41, and 370.42
Updates terminology
  • The definitions are moved from 370.66 to 370.3.
  • The definition for the term “hazard category” now means the classification of a chemical’s hazard(s) into classes with their categories as are reported in section 2 of SDSs in accordance with 1910.1200.
  • The terms “health hazards” and “physical hazards” are updated to align with OSHA. However, “simple asphyxiants” will remain a health hazard, “combustible dust” will remain a physical hazard, and “hazard not otherwise classified” will remain both a physical hazard and a health hazard.
  • The definition of “material safety data sheet (MSDS)” is removed.
  • Minor changes to other terms are made for plain language, clarity, and consistency purposes.
370.3 and 370.66
Removes the term MSDS
  • The terms MSDS and material safety data sheet are removed to conform to the OSHA HazCom standard.
370.3, 370.10, 370.12, 370.13, 370.14, 370.20, 370.30, 370.31, 370.32, 370.33, 370.60, 370.62, 370.63, and 370.64
Makes minor plain language, clarifying, and consistency corrections
  • Historic dates and clarifications for electronic reporting are removed.
  • Each initial letter of the term “Extremely Hazardous Substance” is capitalized.
  • Other minor corrections are made.
370.1, 370.2, 370.3, 370.10, 370.14, 370.30, 370.32, 370.33, 370.40, 370.41, 370.42, 370.43, 370.44, 370.45, 370.60, 370.61, 370.62, 370.64, 370.65, and 370.66

When will the changes take effect?

The direct final rule is effective January 16, 2026, unless EPA receives an adverse comment during its 30-day comment period. If that happens, the agency will publish a timely withdrawal. Then, it will move along with the proposed rule (also published in the November 17, 2025, Federal Register) and address public comments in a subsequent final rule.

Assuming no adverse comment is received on the original direct final rule, EPA gives covered facilities time to prepare. The rule offers a compliance date of December 1, 2026, for both SDS reporting and Tier II reporting. Note that for Tier II reporting, the updates kick in for the 2026 inventory reporting year, which impacts forms due by March 1, 2027, and thereafter. (Forms due on or before March 1, 2026, are unchanged.)

Key to remember

EPA took action to harmonize Part 370 with the changes OSHA made to 1910.1200 last year. The latest amendments to Part 370 have a compliance date of December 1, 2026. For Tier II reporting, the updates start with forms due on or before March 1, 2027.

Avoiding costly mistakes: The most common RCRA hazardous waste violations
2025-11-24T06:00:00Z

Avoiding costly mistakes: The most common RCRA hazardous waste violations

If your facility generates hazardous waste, compliance with the Resource Conservation and Recovery Act (RCRA) is not optional. Yet many businesses overlook key requirements, leading to violations that can cost thousands in fines and damage their reputation. Understanding the most common mistakes and how to prevent them can keep your operations safe and compliant.

The most frequent violations according to EPA

One of the most common errors is failing to determine whether a waste is hazardous. Businesses often assume leftover chemicals, contaminated rags, or spent filters are non-hazardous without testing or applying EPA criteria. Misclassification leads to improper storage and disposal, which can escalate into multiple violations.

Container management is another frequent problem. Inspectors often find containers without the required “Hazardous Waste” label or missing the accumulation start date. Some containers are left open or improperly sealed, allowing leaks or vapors to escape. These issues are easy to fix but often overlooked in busy facilities.

Weekly inspections are mandatory for central accumulation areas, yet many companies skip them or fail to document them correctly. Missing dates, signatures, or inspection logs can result in citations even if the area is otherwise compliant.

Employee training is another weak spot. Large Quantity Generators must train staff on handling hazardous waste and emergency procedures and keep records of that training. Training should be job specific including emergency response specific to the facility. When training is incomplete or undocumented, it counts as a violation even if employees know what to do.

Improper disposal is a serious and costly mistake. Pouring hazardous waste down drains, tossing it in regular trash, or shipping it without a manifest violates federal law. These actions can lead to severe penalties and, in some cases, criminal liability.

Other common issues include exceeding accumulation time limits, 90 days for large quantity generators and 180 days for small quantity generators, without obtaining a permit. Facilities also forget to maintain a valid EPA identification number or fail to update contingency plans and emergency contact information.

How to stay compliant

Start with a thorough waste determination. Identify all materials that could be hazardous and classify them correctly and keep a record of the waste determination. Review container labeling and make sure every container is closed, dated, and marked “Hazardous Waste.” Establish a routine for weekly inspections and keep detailed records.

Invest in employee training and refresh it regularly. Document every session and keep those records accessible. Monitor accumulation times and set reminders to move waste before deadlines. Always use the Uniform Hazardous Waste Manifest when shipping waste off-site, and verify that your transporter and disposal facility are authorized.

Finally, maintain your EPA site ID number and update your contingency plan. Make sure emergency equipment is available, and local responders have your contact information.

Key to Remember: RCRA compliance is detailed, but most violations stem from simple oversights such as open containers, missing labels, skipped inspections, or forgotten paperwork. By building strong procedures and training your team, you can avoid costly mistakes and keep your facility safe and compliant.

Expert Insights: Connecting environmental compliance and employee safety
2025-11-21T06:00:00Z

Expert Insights: Connecting environmental compliance and employee safety

Environmental compliance and workplace safety are often treated as separate priorities, but they’re deeply connected. A strong environmental compliance program doesn’t just protect the environment; it also significantly improves safety outcomes, reduces risks, and safeguards employees.

Why environmental compliance matters for safety

Environmental compliance means following laws and regulations designed to prevent pollution and protect natural resources. These rules often overlap with occupational safety standards because environmental hazards such as chemical spills, air emissions, and improper waste handling can directly harm workers.

For example:

  • Chemical spills can create slippery surfaces, leading to falls and injuries.
  • Air emissions from volatile chemicals can cause respiratory illnesses or even explosions if vapors accumulate.
  • Improper waste storage can result in fires or toxic exposure.

The Environmental Protection Agency (EPA) focuses on preventing environmental contamination, while the Occupational Safety and Health Administration (OSHA) ensures safe working conditions. Ignoring environmental requirements can lead to unsafe conditions like toxic exposure, fire hazards, and respiratory risks.

How tracking spills reduced slips

A few years ago, I worked with a manufacturing facility that had recurring slip incidents near the chemical storage area. Initially, they were treated as isolated safety issues. The facility added cautionary signs, but the problem persisted.

After talking with the safety officer, I noticed a pattern. Since these near-miss spills occur inside a building, they typically aren’t reportable from an environmental compliance standpoint. These small drips during drum transfers or hose disconnections weren’t classified as “spills” by operators, so they weren’t cleaned up immediately.

The facility implemented a new process. Every chemical drip or near-miss spill had to be logged and addressed as part of both environmental and safety compliance. Absorbent mats were added near transfer stations, drip trays were installed under valves, and employees were trained to report even minor leaks and spills.

Within 3 months, slip incidents dropped significantly. By integrating spill tracking into the safety program, they not only reduced injuries but also improved their EPA audit scores. This new process of tracking near-miss spills also proved to be a good leading indicator. The facility discovered trends in equipment maintenance and had a more complete picture of the cost of releases.

The business case for integration

Integrating environmental compliance into safety programs offers several advantages:

  • Reduced risk of incidents: Compliance minimizes hazards that could harm employees and the environment.
  • Regulatory collaboration: Many safety and environmental requirements overlap, allowing for streamlined processes.
  • Enhanced reputation: Demonstrating commitment to both safety and sustainability builds trust with regulators, customers, and the community.
  • Cost savings: Preventing spills, fires, and injuries avoids costly fines, cleanup expenses, and workers’ compensation claims.

To maximize the impact of environmental compliance on safety programs, industrial facilities should consider the following:

  • Joint audits: Evaluate environmental and safety risks together to identify overlapping controls.
  • Holistic employee training: Include environmental compliance topics in safety training sessions and toolbox talks (and vice versa).
  • Integrated procedures: Develop standard operating procedures that address both environmental and safety requirements.
  • Technology: Implement monitoring systems for air quality, spill detection, and waste tracking.

Environmental compliance is a key driver of workplace safety. By integrating both programs, facilities can protect employees and the environment at the same time.

Navigating the complexities of multi-jurisdictional environmental compliance
2025-11-18T06:00:00Z

Navigating the complexities of multi-jurisdictional environmental compliance

Companies operating across multiple states, or internationally, face a growing challenge: staying compliant with a patchwork of environmental regulations. As federal agencies scale back certain environmental rules, states are stepping in to fill the gaps. But these state-level regulations aren’t always aligned. One state may impose strict air quality standards, while another may prioritize water discharge limits. This fragmented landscape creates a complex web of requirements that businesses must navigate to avoid fines, delays, or reputational harm.

The compliance puzzle: Federal, state, and global layers

In the U.S., environmental laws are enforced at both federal and state levels. While EPA sets national standards, states often go further. For example:

  • California requires Scope 3 greenhouse gas emissions reporting for large companies starting in 2027.
  • New York and Vermont have enacted climate superfund laws that hold fossil fuel companies financially liable for climate-related damages.
  • Louisiana successfully challenged the EPA’s use of environmental justice criteria in permitting decisions, resulting in a federal court ruling that blocks Title VI enforcement in the state.

Internationally, U.S. companies face additional hurdles. The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) requires companies to identify and mitigate environmental risks across their global supply chains. This means a U.S. firm with operations or suppliers in Europe must meet stricter standards, even if those standards differ from U.S. law.

Environmental Management Systems (EMS): A strategic solution

To manage this complexity, many companies adopt Environmental Management Systems such as ISO 14001. An EMS provides a structured framework to:

  • Identify applicable regulations across jurisdictions,
  • Set environmental goals and track performance,
  • Conduct internal audits and drive continual improvement, and
  • Ensure consistent documentation and training.

EMS tools help companies centralize oversight, reduce compliance gaps, and respond quickly to regulatory changes. For example, a company using EMS software can assign location-specific tasks, monitor progress, and generate reports tailored to each jurisdiction’s requirements.

Practical strategies for multi-jurisdictional success

  • Centralize compliance oversight: Use a unified system to track permits, deadlines, and reporting across all sites.
  • Leverage EMS tools: Automate alerts, audits, and documentation to stay ahead of changes.
  • Train staff by location: Tailor training to reflect the specific rules and risks of each jurisdiction.
  • Conduct routine audits: Internal reviews help catch issues before regulators do.

Key to Remember: Multi-jurisdictional compliance isn’t just about knowing the rules—it’s about building systems that adapt to them. An Environmental Management System, paired with proactive planning and location-specific training, helps companies stay compliant, reduce risk, and operate confidently across borders.

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Most Recent Highlights In Transportation

2025-11-17T06:00:00Z

EPA Final Rule: Technical Amendments to the EPCRA Hazardous Chemical Inventory Reporting Requirements To Conform to the 2024 OSHA Hazard Communication Standard

The Environmental Protection Agency is taking direct final action to conform the Emergency Planning and Community Right-to-Know Act hazardous chemical inventory reporting regulations to the Occupational Safety and Health Administration's Hazard Communication Standard amendments of 2012 and 2024. The Emergency Planning and Community Right-to-Know Act and its regulations rely on the Occupational Safety and Health Administration's Hazard Communication Standard for the definition of a hazardous chemical and for the categories of health and physical hazards that must be reported under the hazardous chemical inventory regulations. This action will conform the terminology used and information that must be reported on the hazardous chemical inventory forms to the Hazard Communication Standard amendments. As a result, this action will also improve first responder and community safety, reduce discrepancies and confusion, prevent interpretation burdens on facilities when using (Material) Safety Data Sheets to complete annual hazardous chemical inventory reports, and improve clarity.

DATES: This final rule is effective on January 16, 2026 without further notice, unless the EPA receives adverse comment by December 17, 2025. Published in the Federal Register November 17, 2025, page 51187.

View final rule.

New Text

Part 370-Hazardous chemical reporting Community right-to-know

Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99–499, 100 Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).

Subpart A—General Information

§370.1 What is the purpose of this part?

(a) This part (40 CFR part 370) establishes reporting requirements for providing the public with important information on the hazardous chemicals in their communities. Reporting raises community awareness of chemical hazards and aids in the development of state and local emergency response plans. The reporting requirements established under this part consist ofSafety Data Sheet (SDS) reporting and inventory reporting.

(b) This part is written in a special format to make it easier to understand the regulatory requirements. Like other Environmental Protection Agency (EPA) regulations, this part establishes enforceable legal requirements. Information considered non-binding guidance under EPCRA is indicated in this regulation by the word “note” and a smaller typeface. Such notes are provided for information purposes only and are not considered legally binding under this part.

§370.2 Who do the terms you, I, and your refer to in this part?

Throughout this part the terms you, I, and your refer to the owner or operator of a facility.

§370.3 Definitions.

Chief Executive Officer of the Tribe means the person who is recognized by the Bureau of Indian Affairs as the chief elected administrative officer of the Tribe.

Environment includes water, air, and land and the interrelationship that exists among and between water, air, and land and all living things.

EPCRA means the Emergency Planning and Community Right-To-Know Act of 1986.

Extremely Hazardous Substance (EHS) means a substance listed in appendices A and B of 40 CFR part 355.

Facility means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with, such person). Facility includes manmade structures, as well as all natural structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use.

Hazard category means the classification of a chemical's hazard(s) into classes with their categories as are reported in Section 2 of SDSs in accordance with 29 CFR 1910.1200. Hazard categories are divided by hazard class into health hazards and physical hazards:

(1) Health hazard means a chemical that is classified into one of the following hazard classes: acute toxicity (oral, dermal, or inhalation); aspiration hazard; carcinogenicity; germ cell mutagenicity; reproductive toxicity; respiratory sensitizer; skin sensitizer; serious eye damage/eye irritation; simple asphyxiant; skin corrosion or irritation; specific target organ toxicity (single exposure) or (repeated or prolonged exposure); and hazard not otherwise classified.

(2) Physical hazard means a chemical that is classified into one of the following hazard classes: aerosols; chemicals under pressure; combustible dust; corrosive to metal; desensitized explosive; explosives; flammable (gases, liquids, or solids); gas under pressure; in contact with water emits flammable gases; organic peroxides; oxidizing (gases, liquids, or solids); pyrophoric (liquids or solids); self-heating chemicals; self-reactive chemicals; and hazard not otherwise classified.

Hazardous chemical means any hazardous chemical as defined under 29 CFR 1910.1200(c), except that such term does not include:

(1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.

(2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.

(3) Any substance to the extent it is used:

(i) For personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. Present in the same form and concentration as a product packaged for distribution and use by the general public means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public;

(ii) In a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; or

(iii) In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

Indian Country means Indian country as defined in 18 U.S.C. 1151 as:

(1) All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;

(2) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and

(3) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

Indian Tribe or Tribe means those Tribes federally recognized by the Secretary of the Interior.

Inventory form means the uniform Tier I and Tier II emergency and hazardous chemical inventory forms published by EPA. These forms can be used for reporting inventory information, as described in 40 CFR 370.40 through 370.45.

LEPC means the Local Emergency Planning Committee appointed by the State Emergency Response Commission.

Mixture means mixture as defined under the Occupational Safety and Health Administration's Hazard Communication Standard in 29 CFR 1910.1200(c).

OSHA means the U.S. Occupational Safety and Health Administration.

Person means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or interstate body.

Safety Data Sheet (SDS) means the sheet required to be developed under 29 CFR 1910.1200(g). The term SDS replaces the term “material safety data sheet” for the name of the data sheet defined in the statute [42 U.S.C. 11049(6)].

SERC means the State Emergency Response Commission for the state in which the facility is located except when the facility is located in Indian Country, in which case, SERC means the Emergency Response Commission for the Tribe under whose jurisdiction the facility is located. In the absence of a SERC for a state or an Indian Tribe, the Governor or chief executive officer of the Tribe, respectively, shall be the SERC. Where there is a cooperative agreement between a state and a Tribe, the SERC shall be the entity identified in the agreement.

State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, any other territory or possession over which the United States has jurisdiction, and Indian Country.

Threshold planning quantity (TPQ) means the quantity listed in the column “threshold planning quantity” for the EHSs listed in Appendix A and B of 40 CFR part 355.

Subpart B—Who Must Comply

§370.10 Who must comply with the hazardous chemical reporting requirements of this part?

(a) You must comply with the reporting requirements of this part if the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS) requires your facility to prepare or have available a Safety Data Sheet (SDS) for a hazardous chemical and if either of the following conditions is met:

Note 1 to paragraph (a) introductory text. OSHA's Material Safety Data Sheet or MSDS requirement was renamed to be the Safety Data Sheet or SDS requirement. The terms MSDS and SDS are synonymous. The EPCRA statutory MSDS requirements will be referred to as the SDS requirements within this regulation. [29 CFR 1910.1200]

(1) A hazardous chemical that is an Extremely Hazardous Substance (EHS) is present at your facility at any one time in an amount equal to or greater than 500 pounds (227 kg—approximately 55 gallons) or the Threshold Planning Quantity (TPQ), whichever is lower. EHSs and their TPQs are listed in Appendices A and B of 40 CFR part 355.

(2) A hazardous chemical that is not an EHS is present at your facility at any one time in an amount equal to or greater than the threshold level for that hazardous chemical. Threshold levels for such hazardous chemicals are:

(i) For any hazardous chemical that does not meet the criteria in paragraph (a)(2)(ii) or (iii) of this section, the threshold level is 10,000 pounds (or 4,540 kg).

(ii) For gasoline at a retail gas station (For purposes of this part, retail gas station means a retail facility engaged in selling gasoline and/or diesel fuel principally to the public for motor vehicle use on land.), the threshold level is 75,000 gallons (approximately 283,900 liters) (all grades combined). This threshold is only applicable for gasoline that was in tanks entirely underground and that were in compliance at all times during the preceding calendar year with all applicableUnderground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the state UST program approved by the Agency under 40 CFR part 281.

(iii) For diesel fuel at a retail gas station (For purposes of this part, retail gas station means a retail facility engaged in selling gasoline and/or diesel fuel principally to the public for motor vehicle use on land.), the threshold level is 100,000 gallons (approximately 378,500 liters) (all grades combined). This threshold is only applicable for diesel fuel that was in tanks entirely underground and that were in compliance at all times during the preceding calendar year with all applicable UST requirements at 40 CFR part 280 or requirements of the state UST program approved by the Agency under 40 CFR part 281.

(b) The threshold level for responding to the following requests is zero.

(1) If your LEPC requests that you submit an SDS for a hazardous chemical for which you have not submitted an SDS to your LEPC; or

(2) If your LEPC, SERC, or the fire department with jurisdiction over your facility requests that you submit Tier II information.

§370.11 [Reserved]

§370.12 What hazardous chemicals must I report under this part?

(a) You must report any hazardous chemical for which you are required to prepare or have available an SDS under OSHA HCS that is present at your facility equal to or above the applicable threshold specified in §370.10. (Specific exemptions from reporting are in §370.13.)

(b) The EPA has not issued a list of hazardous chemicals subject to reporting under this part. A substance is a hazardous chemical if it is required to have an SDS and meets the definition of hazardous chemical under the OSHA regulations found at 29 CFR 1910.1200(c).

§370.13 What substances are exempt from these reporting requirements?

You do not have to report substances for which you are not required to have an SDS under the OSHA regulations or that are excluded from the definition of hazardous chemical under EPCRA section 311(e). Each of the following substances are excluded under EPCRA section 311(e):

(a) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.

(b) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.

(c) Any substance to the extent it is used:

(1) For personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. Present in the same form and concentration as a product packaged for distribution and use by the general public means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public;

(2) In a research laboratory or hospital or other medical facility under the direct supervision of a technically qualified individual; or

(3) In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

§370.14 How do I report mixtures containing hazardous chemicals?

(a) For a mixture containing a hazardous chemical, use the following table to determine if a reporting threshold is equaled or exceeded, and to determine how to report:

Table 1 to Paragraph (a)
If your mixture contains a hazardous chemicalTo determine if the threshold level for that hazardous chemical is equaled or exceeded you must . . .If the threshold level for that hazardous chemical is exceeded, then you must . . .
(1) That is an EHSDetermine the total quantity of the EHS present throughout your facility at any one time, by adding together the quantities present as a component in all mixtures and all other quantities of the EHS You must include the quantity present in a mixture even if you are also counting the quantity of that particular mixture toward the threshold level for that mixtureReport the EHS component: Submit an SDS for the EHS as provided under §370.30 or include the EHS on the list of chemicals submitted in lieu of the SDS. And submit Tier I or Tier II information for the EHS as provided under §370.40. Or Report the mixture itself: Submit an SDS for the mixture as provided under §370.30 or include the mixture on the list of chemicals submitted in lieu of the SDS. And submit Tier I or Tier II information for the mixture as provided under §370.40. If you report the mixture itself, then provide the total quantity of that mixture.
(2) That is not an EHSDetermine either: The total quantity of the hazardous chemical present throughout your facility at any one time by adding together the quantity present as a component in all mixtures and all other quantities of the hazardous chemical You must include the quantity present in a mixture even if you are also applying that particular mixture as a whole toward the threshold level for that mixtureReport the non-EHS hazardous chemical component: Submit an SDS for the non-EHS hazardous chemical as provided under §370.30 or include the non-EHS on the list of chemicals submitted in lieu of the SDS. And submit Tier I or Tier II information for the non-EHS hazardous chemical as provided under §370.40.
OrOr
The total quantity of that mixture present throughout your facility at any one timeReport the mixture itself: Submit an SDS for the mixture as provided under §370.30 or include the mixture on the list of chemicals submitted in lieu of SDS. And submit Tier I or Tier II information for the mixture as provided under §370.40. If you report the mixture itself, then provide the total quantity of that mixture.

(b) For each specific mixture, the reporting option used must be consistent for both SDS and inventory reporting, unless it is not possible to do so. This means that if you report on a specific mixture as a whole for SDS reporting, you must report on that mixture as a whole for inventory reporting too (unless it is not possible). SDS reporting and inventory reporting are discussed in detail in subpart C of this part.

(c) To determine the quantity of an EHS or a non-EHS hazardous chemical component present in a mixture, multiply the concentration of the hazardous chemical component (in weight percent) by the weight of the mixture (in pounds). You do not have to count a hazardous chemical present in a mixture if the concentration is less than or equal to 1%, or less than or equal to 0.1% for a carcinogenic chemical.

Subpart C—Reporting Requirements

§370.20 What are the reporting requirements of this part?

The reporting requirements of this part consist of SDS reporting and inventory reporting. If you are the owner or operator of a facility subject to the reporting requirements of this part, then you must comply with both types of reporting requirements. SDS reporting requirements are addressed in §§370.30 through 370.33. Inventory reporting requirements are addressed in §§370.40 through 370.45.

How To Comply With SDS Reporting

§370.30 What information must I provide and what format must I use?

(a) You must report the hazardous chemicals present at your facility that meet or exceed the applicable threshold levels (threshold levels are in §370.10) by either:

(1) Submitting an SDS for each hazardous chemical present at your facility that meet or exceed its applicable threshold level; or

(2) Submitting a list of all hazardous chemicals present at your facility at or above the applicable threshold levels. The hazardous chemicals on your list must be grouped by the specific health and physical hazards as listed in section 2 of the SDSs. The list must contain the chemical or common name of each hazardous chemical as provided on the SDS.

(b) Within 30 days of a request by the LEPC, as provided in §370.10(b), you must also submit an SDS for any hazardous chemical present at your facility for which you have not submitted an SDS.

§370.31 Do I have to update the information?

SDS reporting stated in §370.30 is a one-time requirement. However, you must update the information in all of the following ways:

(a) Submit a revised SDS after you discover significant new information concerning a hazardous chemical for which an SDS was submitted.

(b) Submit an SDS, or a list as described in §370.30(a), for any new hazardous chemical for which you become subject to these reporting requirements.

(c) Submit, as requested by the LEPC, an SDS for any hazardous chemical present at your facility which you have not already submitted, as provided in §370.30(b).

§370.32 To whom must I submit the information?

(a) You must submit an SDS or a list to the LEPC, SERC, and fire department with jurisdiction over your facility, as provided in §370.30(a).

(b) You must submit an SDS to the LEPC if requested, as provided in §370.30(b).

§370.33 When must I submit the information?

(a) You must submit an SDS or a list, as provided in §370.30(a), for a hazardous chemical subject to the reporting requirements of this part within three (3) months after you first become subject to the reporting requirements of this part, as provided in §§370.30 and 370.31(b).

(b) You must submit a revised SDS, as provided in §370.31(a), within three (3) months after discovering significant new information about a hazardous chemical for which an SDS was submitted.

(c) You must submit an SDS requested by the LEPC, as provided in §§370.30(b) and 370.31(c), within 30 days of receiving the request.

How To Comply With Inventory Reporting

§370.40 What information must I provide and what format must I use?

(a) If you are required to comply with the hazardous chemical reporting requirements of this part, then by March 1 every year you must submit inventory information regarding any hazardous chemical present at your facility at any time during the previous calendar year in an amount equal to or in excess of its threshold level. Threshold levels are provided in §370.10.

(b) Tier I information is the minimum information that you must report to be in compliance with the inventory reporting requirements of this part as described in §370.41. You may choose to report the Tier II information described in §370.42 for any hazardous chemical at your facility. You must submit Tier II information to the SERC, LEPC, or fire department with jurisdiction over your facility if they request it. EPA publishes Tier I and Tier II Inventory Forms that provide uniform formats for reporting the Tier I and Tier II information. You may use a state or local format for reporting inventory information if the state or local format contains at least the Tier I information described in §370.41. EPA's Tier I and Tier II forms are available at https://www.epa.gov/epcra.

Note 1 to paragraph (b).

Some states require Tier II information annually under state law.

(c) You should contact the SERC to determine that state's requirements for inventory reporting formats, procedures, and to obtain inventory forms.

§370.41 What is Tier I inventory information?

Tier I information provides state and local officials and the public with information on the general types and locations of hazardous chemicals present at your facility during the previous calendar year. The Tier I information is the minimum information that you must provide to be in compliance with the inventory reporting requirements of this part. If you are reporting Tier I information, you must report aggregate information on hazardous chemicals by hazard category. The hazard categories (physical and health hazards) are available on the Tier I form for you to select. The Tier I inventory form includes the following data elements:

(a) The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier I submission is true, accurate, and complete as follows: “I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.” This certification shall be accompanied by your full name, official title, signature, date signed, and total number of pages in the submission including all attachments. All other pages must also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the submission.

Note 1 to paragraph (a).

Some states require electronic reporting and electronic certification. Contact your state for its specific requirements.

(b) The calendar year for the reporting period.

(c) An indication whether the information being reported on page one of the form is identical to that submitted last year.

(d) The complete name and address of the location of your facility (include the full street address or state road, city, county, state, and zip code), latitude, and longitude.

(e) An indication if the location of your facility is manned or unmanned.

(f) An estimate of the maximum number of occupants present at any one time. If the location of your facility is unmanned, check the box marked N/A, not applicable.

(g) The phone number of your facility (optional).

(h) The North American Industry Classification System (NAICS) code for your facility.

(i) The Dun & Bradstreet number of your facility.

(j) Facility identification numbers assigned under the Toxic Release Inventory (TRI) and Risk Management Program. If your facility has not been assigned an identification number under these programs or if your facility is not subject to reporting under these programs, check the box marked N/A, not applicable.

(k) An indication whether your facility is subject to the emergency planning notification requirement under EPCRA section 302, codified in 40 CFR part 355.

(l) An indication whether your facility is subject to the chemical accident prevention requirements under Section 112(r) of the Clean Air Act, codified in 40 CFR part 68, also known as the Risk Management Program.

(m) The name, mailing address, phone number, and email address of the owner or operator of the facility.

(n) The name, mailing address, phone number, Dun & Bradstreet number, and email address of the facility's parent company. These are optional data elements.

(o) The name, title, phone number, 24-hour phone number, and email address of the facility emergency coordinator, if applicable.

Note 1 to paragraph (o).

EPCRA section 303(d)(1) requires facilities subject to the emergency planning notification requirement under EPCRA section 302 to designate a facility representative who will participate in the local emergency planning process as a facility emergency coordinator. This includes additional facilities designated by the Governor or SERC under EPCRA section 302(b)(2). EPA encourages facilities not subject to the emergency planning notification requirement also to provide this information, if available, for effective emergency planning in your community.

(p) The name, title, phone number, and email address of the person to contact for the information contained in the Tier I form.

(q) The name, title, phone number, and email address of at least one local individual who can act as a referral if emergency responders need assistance in responding to a chemical accident at your facility. You must also provide an emergency phone number that will be available 24 hours a day, every day.

(r) An indication whether the information being reported on page two of the form is identical to that submitted last year.

(s) An estimate (in ranges) of the maximum amount of hazardous chemicals in each hazard category present at your facility at any time during the preceding calendar year. You must use codes that correspond to different ranges. The range codes are provided in §370.43.

(t) An estimate (in ranges) of the average daily amount of hazardous chemicals in each hazard category present at your facility during the preceding calendar year. You must use codes that correspond to different ranges. The range codes are provided in §370.43.

(u) The maximum number of days that any single hazardous chemical within each hazard category was present at your facility during the reporting period.

(v) The general location of hazardous chemicals in each hazard category within your facility. General locations should include the names or identification of buildings, tank fields, lots, sheds, or other such areas. You may also attach one or more of the following with your Tier I inventory form:

(1) A site plan with site indicated for buildings, lots, areas, etc. throughout your facility.

(2) A list of site coordinate abbreviations that correspond to buildings, lots, areas, etc., throughout your facility.

(3) A description of dikes and other safeguard measures for storage locations throughout your facility.

(w) An indication whether you are including any attachments (optional).

§370.42 What is Tier II inventory information?

Tier II information provides state and local officials and the public with specific information on the amounts and locations of hazardous chemicals present at your facility during the previous calendar year. Some states may require you to use a state reporting format including electronic reporting and certification for submitting your hazardous chemical inventory. Contact your state for its specific requirements. The Tier II inventory form includes the following data elements:

(a) The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier II submission is true, accurate, and complete as follows: “I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.” This certification must be accompanied by your full name, official title, signature, date signed, and total number of pages in the submission including all Confidential and Non-Confidential Information Sheets and all attachments. All other pages must also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the submission.

Note 1 to paragraph (a).

Some states require electronic reporting and electronic certification. Contact your state for the specific requirements in that state.

(b) The calendar year of the reporting period.

(c) An indication whether the information being reported on page one of the form is identical to that submitted last year.

(d) The complete name and address of the location of your facility (include the full street address or state road, city, county, state, and zip code), latitude, and longitude.

(e) An indication if the location of your facility is manned or unmanned.

(f) An estimate of the maximum number of occupants present at any one time. If the location of your facility is unmanned, check the box marked N/A, not applicable.

(g) The phone number of your facility (optional).

(h) The North American Industry Classification System (NAICS) code for your facility.

(i) The Dun & Bradstreet number of your facility.

(j) Facility identification numbers assigned under the Toxic Release Inventory (TRI) and Risk Management Program. If your facility has not been assigned an identification number under these programs or if your facility is not subject to reporting under these programs, check the box marked N/A, not applicable.

(k) An indication if your facility is subject to the emergency planning notification requirement under section 302 of EPCRA, codified in 40 CFR part 355.

(l) An indication whether your facility is subject to the chemical accident prevention requirements under section 112(r) of the Clean Air Act (CAA), codified in 40 CFR part 68, Chemical Accident Prevention Provisions, also known as the Risk Management Program.

(m) The name, mailing address, phone number, and email address of the owner or operator of the facility.

(n) The name, mailing address, phone number, Dun & Bradstreet number, and email address of the facility's parent company. These are optional data elements.

(o) The name, title, phone number, 24-hour phone number, and email address of the facility emergency coordinator, if applicable.

Note 1 to paragraph (o).

EPCRA section 303(d)(1) requires facilities subject to the emergency planning notification requirement (including additional facilities designated by the Governor or SERC under EPCRA section 302(b)(2)) to designate a facility representative who will participate in the local emergency planning process as a facility emergency coordinator. This includes additional facilities designated by the Governor or SERC under EPCRA section 302(b)(2). EPA encourages facilities not subject to the emergency planning notification requirement also to provide this information, if available, for effective emergency planning in your community.

(p) The name, title, phone number, and email address of the person to contact regarding information contained in the Tier II form.

(q) The name, title, phone number and email address of at least one local individual who can act as a referral if emergency responders need assistance in responding to a chemical accident at your facility. You must also provide an emergency phone number that will be available 24 hours a day, every day.

(r) An indication whether the information being reported on page two of the form is identical to that submitted last year.

(s) For each hazardous chemical that you are required to report, you must:

(1) Provide the chemical name (or the common name of the chemical) as provided on the SDS and provide the Chemical Abstract Service (CAS) registry number of the chemical provided on the SDS.

Note 1 to paragraph (s)(1).

If you are withholding the name in accordance with trade secret criteria, you must provide the generic class or category that is structurally descriptive of the chemical and indicate that the name is withheld because of trade secrecy. Trade secret criteria are addressed in §370.64(a).

(2) Indicate whether the chemical is a solid, liquid, or gas; and whether the chemical is an EHS.

(3) If you are reporting a mixture, enter the mixture name, product name or trade name, and CAS registry number as provided on the SDS. If there is no CAS number provided or it is not known, check the box “Not Available.”

(4) If the mixture you are reporting contains EHS(s), provide the name of each EHS in the mixture. As provided in §370.14(a), you also have an option to report the non-EHS hazardous components in the mixture.

(5) Indicate which hazard categories apply to the chemical or mixture. The hazard categories are available for you to select on the Tier II form and found in section 2 of the SDSs.

(6) Provide an estimate (in ranges) of the maximum amount of the hazardous chemical present at your facility on any single day during the preceding calendar year. If you are reporting a mixture, provide an estimate of the total amount of the mixture present at your facility on any single day during the preceding calendar year. If the mixture contains any EHSs, provide the total amount of each EHS in that mixture. You must use the codes that correspond to different ranges. The amounts and associated range codes are in §370.43.

(7) Provide an estimate (in ranges) of the average daily amount of the hazardous chemical present at your facility during the preceding calendar year. If you are reporting a mixture, provide an estimate of the average daily amount of the mixture. You must use the codes that correspond to different ranges. The amounts and associated range codes are in §370.43.

(8) Provide the maximum number of days that the hazardous chemical or mixture was present at your facility during the preceding calendar year.

(9) Provide the type of storage for the hazardous chemical or the mixture containing the hazardous chemical at your facility. Examples of types of storage: above-ground tank, plastic or non-metallic drum, steel drum, cylinder, rail car, etc.

Note 1 to paragraph (s)(9).

Your SERC or LEPC may have specific instructions for reporting types of storage and/or storage conditions.

(10) Provide the storage conditions for the hazardous chemical or mixture containing the hazardous chemical at your facility. Examples for types of storage conditions: Ambient pressure, ambient temperature, less than ambient temperature/pressure, cryogenic conditions, etc.

Note 2 to paragraph (s)(10).

Your SERC or LEPC may have specific instructions for reporting types of storage and/or storage conditions.

(11) Provide a brief description of the precise location(s) of the hazardous chemical(s) or mixture(s) at your facility. You may also attach one of the following with your Tier II inventory form:

(i) A site plan with site coordinates indicated for buildings, lots, areas, etc. throughout your facility.

(ii) A list of site coordinate abbreviations that correspond to buildings, lots, areas, etc., throughout your facility.

(iii) A description of dikes and other safeguard measures for storage locations throughout your facility.

(12) Under EPCRA section 324, you may choose to withhold from disclosure to the public the location information for a specific chemical. If you choose to withhold the location information from disclosure to the public, you must clearly indicate that the information is “confidential.” You must provide the confidential location information on a separate sheet from the other Tier II information (which will be disclosed to the public) and attach the Confidential Location Information Sheet to the other Tier II information. Indicate any attachments you are including.

(13) You may provide additional reporting. For example, if your state or local agencies require you to provide inventory information on additional chemicals or if you wish to report any hazardous chemical below the reporting thresholds specified in §370.10, check the appropriate box.

(t) An indication whether you are including any attachments (optional).

§370.43 What codes are used to report Tier I and Tier II inventory information?

(a) Except as provided in paragraph (b) of this section, you must use the following codes to report the maximum amount and average daily amount when reporting Tier I or Tier II inventory information:

Table 1 to Paragraph ( )
Range codesWeight range in pounds
FromTo
* Greater than 10 million
01099
02100499
03500999
041,0004,999
055,0009,999
0610,00024,999
0725,00049,999
0850,00074,999
0975,00099,999
10100,000499,999
11500,000999,999
121,000,0009,999,999
1310,000,000(*)

Note 1 to paragraph (a).

To convert gas or liquid volume to weight in pounds, multiply by an appropriate density factor.

(b) Your SERC or LEPC may provide other range codes for reporting maximum amount and average daily amount or may require reporting of specific amounts. You may use your SERC's or LEPC's range codes (or specific amounts) provided the ranges are not broader than the ranges in paragraph (a) of this section.

§370.44 To whom must I submit the inventory information?

You must submit the required inventory information to your SERC, LEPC, and the fire department with jurisdiction over your facility.

§370.45 When must I submit the inventory information?

(a) You must submit the required inventory information on or before March 1st of each year after your facility becomes subject to this part. Your submission must contain the required inventory information on hazardous chemicals present at your facility during the preceding calendar year at or above the threshold levels. Threshold levels are in §370.10. The minimum required inventory information under EPCRA section 312 is Tier I information. Tier I information requirements are described in §370.41.

(b) You must submit Tier II information within 30 days of the receipt of a request from the SERC, LEPC, or fire department with jurisdiction over your facility, as provided in §370.10(b). Tier II information requirements are described in §370.42.

Subpart D—Community Access to Information

§370.60 How does a person obtain SDS information about a specific facility?

Any person may obtain an SDS for a specific facility by writing to the LEPC and asking for it.

(a) If the LEPC has the SDS it must provide it to the person making the request.

(b) If the LEPC does not have the SDS it must request it from the facility's owner or operator.

§370.61 How does a person obtain inventory information about a specific facility?

(a) Any person may request Tier II information for a specific facility by writing to the SERC or LEPC.

(1) If the SERC or LEPC has the Tier II information, the SERC or LEPC must provide it to the person making the request.

(2) If the SERC or LEPC does not have the Tier II information, it must request it from the facility owner or operator in either of the following cases:

(i) The person making the request is a state or local official acting in an official capacity.

(ii) The request is for hazardous chemicals in amounts greater than 10,000 pounds stored at the facility at any time during the previous calendar year.

(3) If the SERC or LEPC does not have the Tier II information, it may request it from the facility owner or operator when neither condition in paragraph (a)(2) of this section is met but the person's request includes a general statement of need.

(b) A SERC or LEPC must respond to a request for Tier II information under this section within 45 days of receiving such a request.

§370.62 What information may a state or local official request from a facility?

The LEPC may ask a facility owner or operator to submit an SDS for a hazardous chemical present at the facility. The SERC, LEPC, or fire department with jurisdiction over a facility may ask a facility owner or operator to submit Tier II information. The owner or operator must provide the SDS (unless the owner or operator has already submitted an SDS to the LEPC for that hazardous chemical) or Tier II information within 30 days of receipt of such request.

§370.63 What responsibilities do the SERC and LEPC have to make request information available?

Under this subpart, the SERC or LEPC must make the following information (except for confidential location information discussed in §370.64(b)) available if a person requests it:

(a) All information obtained from an owner or operator in response to a request under this subpart.

(b) Any requested Tier II information or SDS otherwise in possession of the SERC or the LEPC.

§370.64 What information can I claim as trade secret or confidential?

(a) Trade secrets. You may be able to withhold the name of a specific chemical when submitting SDS reporting or inventory reporting information if that chemical name is claimed as a trade secret. The requirements for withholding trade secret information are set forth in EPCRA section 322 and implemented in 40 CFR part 350. If you are withholding the name of a specific chemical as a trade secret in accordance with trade secrecy requirements, you must report the generic class or category that is structurally descriptive of the chemical along with all other required information. You must also submit the withheld information to EPA and must adequately substantiate your claim. A Form for substantiating trade secret claims is available at the Agency website at https://www.epa.gov/epcra.

(b) Confidential location information. You may request that the SERC and LEPC not disclose to the public the location of any specific chemical required to be submitted in Tier II information. If you make such a request, the SERC and LEPC must not disclose the location of the specific chemical. Although you may request that location information (with respect to a specific chemical) be withheld from the public, you may not withhold this information from the SERC, LEPC, and the local fire department. If you use the Tier II Form to report your inventory information, you can choose to report the confidential location information for the specific chemical on the Tier II Confidential Location Form and attach this form to the other Tier II information you are reporting. The Tier II Confidential Location Form is available on the Agency website at https://www.epa.gov/epcra.

§370.65 Must I allow the local fire department to inspect my facility, and must I provide specific location information about hazardous chemicals at my facility?

If you are the owner or operator of a facility that has submitted inventory information under this part, you must comply with the following two requirements upon request by the fire department with jurisdiction over your facility:

(a) You must allow the fire department to conduct an on-site inspection of your facility; and

(b) You must provide the fire department with information about the specific locations of hazardous chemicals at your facility.

§370.66 [Reserved]

Our chemical poses a substantial risk. What do we do?
2025-11-12T06:00:00Z

Our chemical poses a substantial risk. What do we do?

Working with chemicals can be a risky business. What happens when information reveals that a chemical poses a substantial risk to human or environmental health? Those handling the chemical, including the organization and its employees, have a legal duty to report the risk to the Environmental Protection Agency (EPA).

Section 8(e) of the Toxic Substances Control Act (TSCA) requires that anyone who receives information supporting the conclusion that a chemical substance or mixture poses a substantial risk of injury must immediately submit a Substantial Risk Notice (SRN) to EPA. SRNs aren’t uncommon; they can apply to any business that handles chemical substances. EPA announced in October 2025 that it had cleared a backlog of more than 3,000 SRNs!

If your facility handles any chemical substance, you’re subject to TSCA Section 8(e) reporting. Here’s how your facility can meet the SRN requirements based on EPA’s Statement of Interpretation and Enforcement Policy; Notification of Substantial Risk (SRN guide) published in the Federal Register.

Who must report?

TSCA Section 8(e) requirements apply to both organizations and individual employees engaged in manufacturing (including importing), processing, or distributing in commerce a chemical substance or mixture.

Tip: The statute offers no applicability exemptions for a facility’s size, production or import volumes, or commercial activities.

Those in the company who manage Section 8(e) obligations (“officers”) should ensure that the organization meets the requirements. Officers have personal civil and/or criminal liability to verify that SRNs are submitted.

Facilities may assume responsibility from employees and officials for reporting substantial risk information directly to EPA if they establish and implement internal procedures for employees to submit information to the company. The procedures should include:

  • What information must be submitted;
  • How submissions are prepared and who in the company receives them;
  • The federal penalties for failing to report; and
  • How officers and employees receive prompt written notification of whether the report was submitted to EPA (if information isn’t reported, the written notification has to mention the right of officers and employees to report the information directly to EPA).

If a business doesn’t have established SRN procedures, all of its employees and officials are individually responsible and liable for ensuring that substantial risk information is submitted directly to EPA.

Regardless of who submits the SRN to the agency, the report should be made within 30 calendar days of obtaining information about a substantial risk of injury.

What qualifies as a substantial risk?

The SRN guide defines substantial risk as “a risk of considerable concern” due to:

  • The seriousness of the effect on human or environmental health (health effect), and
  • The fact or probability that it will occur (level of exposure).

The type of health effect determines the weight of importance assigned to both factors. For instance, if the chemical’s health effect is severe (like causing birth defects), less weight is given to the level of exposure.

The types of health effects include:

  • Human health effects (such as serious or prolonged incapacitation);
  • Environmental effects from nonemergency environmental contamination (like widespread accumulation of a chemical substance in the air or water); and
  • Emergency environmental contamination that seriously threatens:
    • Humans with cancer, birth defects, mutation, incapacitation, or death; or
    • Nonhuman organisms (e.g., fish, algae, etc.) with significant population destruction.

How are SRNs submitted?

You should submit SRNs electronically through the Chemical Information Submission System (CISS), which is accessed via the Chemical Safety and Pesticide Programs (CSPP) service on EPA’s Central Data Exchange (CDX).

Tip: Reference EPA’s CDX Chemical Safety and Pesticide Programs (CSPP) Registration User Guide for detailed registration instructions.

If your SRN includes confidential business information claims, you’re required to submit the notice electronically.

Key to remember: If your facility obtains information that a chemical you handle poses a substantial risk to human or environmental health, you must report the information to EPA immediately.

EHS Monthly Round Up - October 2025

EHS Monthly Round Up - October 2025

In this October 2025 roundup video, we'll review the most impactful environmental health and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what happened in the last month!

On October 7th, David Keeling was confirmed by the Senate as OSHA’s new Assistant Secretary of Labor. During his confirmation hearing, Keeling stated that “nothing is more beneficial than collaboration between employers and employees” and shared his three main goals for the agency. These are modernization in regulatory oversight and rulemaking, expanding OSHA’s cooperation and collaboration efforts, and transforming OSHA’s enforcement.

In a landmark opinion, an appeals court offers a framework to revive federal rulemakings, such as OSHA’s Ergonomics Program rule. The rule was previously struck down by the Congressional Review Act in 2001. The latest court decision loosens the grip that the Act has had for almost 25 years. This makes it feasible for agencies like OSHA, EPA, and others to give long-gone rules a second chance. It gives OSHA a path to publish a narrow or different ergonomics rule in the future.

OSHA quietly archived a memo from 2024 that had suggested its enforcement offices may refrain from grouping violations where those offenses are separate and distinct. In some cases, ungrouping raises the total penalty for an inspection. An OSHA spokesperson said the memo was determined to be unnecessary since agency policy in its Field Operations Manual provides clear guidance to OSHA field staff on when citation item grouping may be considered.

The NFPA’s Fire Prevention Week kicked off October 5th with a theme of lithium-ion battery safety in the home. Reports of fires and explosions involving lithium-ion batteries have been on the rise. NFPA provides information and guidance on how to safely use, handle, and recycle them.

And finally, turning to environmental news, the California Air Resources Board submitted comments opposing EPA’s proposal to overturn its 2009 Endangerment Finding. The Endangerment Finding has guided federal actions to address greenhouse gas pollution. CARB’s comments note that EPA’s proposal ignores more than 15 years of its own research and regulations and emphasizes that the agency is obligated to address greenhouse gas emissions and adopt strong standards to reduce them. EPA received over 15 thousand comments on its proposal.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

Waste not, risk not: The overlap between waste handling and worker safety
2025-11-03T06:00:00Z

Waste not, risk not: The overlap between waste handling and worker safety

When we think of workplace safety and environmental compliance, we usually picture two different scenarios. With safety, we see hard hats, gloves, and fall protection. With environmental, we picture labels, manifests, and disposal paperwork. But the truth is, the two are deeply connected and every waste container on site represents both an environmental responsibility and safety risk. Handling waste often exposes employees to greater hazards than the production itself. A leaking drum, a poorly sealed container, or an unmarked bottle can release fumes or create flammable conditions. Physical strain from lifting or rolling heavy drums adds another layer of danger, and even universal wastes like lamps and batteries bring risk of mercury exposure, acid leaks, and electrical shock. Those examples are routine tasks that happen every day in maintenance shops, warehouses, and manufacturing plants and often they are managed by workers who are experienced but are rarely recognized as being on the front line of safety.

Where compliance and safety intersect

Several OSHA and EPA standards overlap, yet facilities often treat them as separate worlds. OSHA’s Hazard Communication standard requires clear labeling and training while EPA’s hazardous waste rules demand compatible labeling, containment, and emergency planning. Both sets of regulations aim for the same outcome, which is to prevent harm to people and the environment.

When environmental and safety programs coordinate using unified labels, joint inspections, and shared training, compliance becomes simpler and safer. The goal is not to double the paperwork; it is to eliminate the gaps between programs where accidents tend to happen.

The pitfalls and how to fix them

Many facilities unintentionally create risk through small, everyday habits. A “temporary” container sits too long and becomes a forgotten storage drum. Workers mix incompatible residues, not realizing how reactive they can be. Gloves designed for a certain chemical do not protect against concentrated waste. All too often, basic housekeeping is overlooked like open funnels, overfilled containers, or clutter blocking access around drums. These issues rarely start with negligence; they start with assumptions. When waste handling feels routine, people stop seeing it as hazardous. That is when accidents occur. The solution is a unified, proactive approach. Waste areas should be treated as active work zones, not as storage closets. That means safety and environmental staff walking the same floor, inspecting the same containers, and addressing both compliance and ergonomics together. Training should connect the dots between RCRA waste management, hazard communication, and PPE; helping workers understand that residues can behave differently than the materials they started with.

Physical improvements also matter. Adding spill pallets, proper lighting, mechanical drum lifters, and ventilation can reduce both environmental violations and injuries. Like safety, when something goes wrong such as a leak, overfill, or a missing label, it should be handled as a near-miss. Treating these events with the same attention as a near-miss will prevent recurrence and reinforces accountability.

Waste reduction = risk reduction

Waste prevention is not just an environmental initiative; it is one of the strongest safety strategies a company can adopt. Fewer materials used means fewer containers stored, moved, or disposed of. Choosing less hazardous chemicals, ordering smaller quantities, and tracking where waste originates all reduce exposure opportunities. Every gallon of solvent avoided is one less gallon that can leak, spill, or ignite.

Keys to remember: When OSHA and EPA priorities are treated as one, the workplace becomes not only more compliant, but genuinely safer for everyone.

Air permitting challenges for portable machinery
2025-10-28T05:00:00Z

Air permitting challenges for portable machinery

Portable generator engines, rock crushers, and aggregate processing units are designed to move from site to site. However, under certain conditions, these mobile units may be reclassified as stationary sources of air pollution. This shift in classification can trigger regulatory requirements that operators may not anticipate, including permitting, emissions monitoring, and reporting obligations.

Defining stationary sources under the Clean Air Act

The Clean Air Act defines a stationary source as any building, structure, facility, or installation that emits (or has the potential to emit) air pollutants. The Environmental Protection Agency (EPA) further clarifies that portable equipment becomes stationary if it remains at a single location for more than 12 consecutive months. This rule applies regardless of whether the equipment was originally designed to be mobile.

For example, a portable diesel engine used to power a rock crusher may be considered stationary if it operates at the same site for over a year. Once reclassified, the equipment may be subject to federal standards such as New Source Performance Standards (NSPS) or National Emission Standards for Hazardous Air Pollutants (NESHAP).

State-level interpretations and variations

While EPA provides overarching guidance, individual states often implement their own rules and permitting frameworks. These can vary significantly depending on local air quality concerns, industrial activity, and enforcement priorities.

California’s Portable Equipment Registration Program allows certain engines and equipment to operate statewide without obtaining site-specific permits, provided they meet emission standards and are properly registered. In contrast, Texas requires a permit for rock crushers that operate at a site for more than 12 months, aligning closely with EPA’s definition of stationary sources. Maine uses a Crusher Identification Number system to track emissions from portable units and ensure compliance with state regulations.

Some states also impose thresholds based on horsepower, fuel type, or emission potential. Equipment that exceeds these thresholds may require a stationary source permit even if it's moved periodically.

Compliance challenges and enforcement risks

Misunderstanding the distinction between portable and stationary sources can lead to significant compliance issues. Operators may assume that mobility exempts equipment from permitting, only to discover that prolonged use at a single site has triggered regulatory oversight. Failure to obtain the proper permits or meet emission standards can result in fines, enforcement actions, and operational delays.

Recordkeeping is another common challenge. Regulators often require documentation showing how long equipment has been at a site, its emission characteristics, and any relocations. Without accurate records, operators may struggle to prove that their equipment qualifies as portable.

Best practices for operators

To be compliant, operators should:

  • Monitor and record how long each unit remains at a location,
  • Understand the emissions profile and horsepower of their equipment,
  • Review both federal and state regulations before deploying portable units,
  • Maintain detailed records of equipment movement and usage, and
  • Consult with environmental agencies when planning long-term projects.

Proactive communication with regulators can help clarify requirements and avoid costly surprises. In some cases, applying for a general or portable permit may be the simplest way to ensure compliance.

Key to Remember: Portable equipment doesn’t stay exempt forever. If it remains at one site too long, it may be regulated as a stationary source, bringing new rules, responsibilities, and risks.

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Most Recent Highlights In Safety & Health

HazCom, Hazmat, and HazWaste: Unpacking applicability and training requirements
2025-10-17T05:00:00Z

HazCom, Hazmat, and HazWaste: Unpacking applicability and training requirements

No matter what you call them, hazardous chemicals are regulated by OSHA, DOT, and EPA depending upon what you’re doing with those chemicals. Three of the most confusing sets of regulations related to chemicals include:

  • Hazard Communication (HazCom), 29 CFR 1910.1200 — OSHA requires that chemical hazards be communicated downstream from the manufacturer, importer, or distributor to employers and employees. This communication takes the form of safety data sheets (SDSs), labels, and information/training.
  • Hazardous Materials (Hazmat), 49 CFR 171 to 180 — DOT regulates hazmat. Hazmat regulations are aimed to ensure that hazmat is packaged and handled safely during transport.
  • Hazardous Waste (HazWaste), 40 CFR 260 to 299 — EPA explains that HazWaste is solid waste that is listed as hazardous OR that exhibits a characteristic of HazWaste (ignitability, corrosivity, reactivity, or toxicity). HazWaste is waste with properties that make it dangerous or capable of having a harmful effect on human health and the environment.

OSHA HazCom

HazCom applies to “any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.” The OSHA regulation has requirements for hazardous chemical manufacturers, importers, distributors, and employers.

HazCom-covered employers must ensure containers of non-exempt hazardous chemicals are labeled, SDSs are readily accessible to employees in their work areas, and effective information/training is provided for exposed employees. They must also prepare and implement a written HazCom program (which includes a chemical inventory), unless they only have exempted operations under 1910.1200(b)(3) and/or (b)(4).

Covered employees have a right to understand the chemical hazards in their workplace. Training is key to ensuring employees have that understanding. Employees must be trained prior to initial assignment with hazardous chemicals and whenever a new chemical hazard is introduced. Employers must cover the elements in 1910.1200(h).

DOT Hazmat

The hazmat regulations apply to those involved in three primary types of activities: pre-transportation functions, transportation functions, and hazmat packaging. Pre-transportation functions include activities performed by the hazmat shipper and deal largely with paperwork. Transportation functions, on the other hand, include activities performed by those directly involved in transporting hazmat, including drivers.

“Hazmat employees” must be trained per 49 CFR 172.704 within 90 days of employment or job function assignment, and refresher training is mandated at least once every three years. Employees are considered hazmat employees if they directly affect hazmat transportation safety. See 49 CFR 171.8 for a detailed definition of hazmat employee.

The DOT says, “Training conducted by OSHA, EPA, and other Federal or international agencies may be used to satisfy the training requirements in 172.704(a) to the extent that such training addresses the components specified in paragraph (a) of this section (general awareness/familiarization; function-specific; safety; security awareness; in-depth security training, if a security plan is required; and driver training for each hazmat employee who will operate a motor vehicle).”

EPA HazWaste

Every business deals with waste and must know how to properly dispose of it. Most states are authorized to run their own HazWaste programs, so a facility needs to be aware of state (and often local) HazWaste regulations. When waste is generated, the facility must identify the waste and determine if it is HazWaste by definition.

EPA’s HazWaste generator regulations at 40 CFR 262 apply differently depending upon the “generator category” (large quantity (LQG), small quantity (SQG), and very small quantity (VSQG)), which is determined by how much HazWaste a facility generates each month. Therefore, under Part 262, employee training requirements too are based on the generator category.

SQGs must train employees according to 40 CFR 262.16. SQGs have basic training requirements. They must ensure employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies. LQG personnel training requirements are found at 40 CFR 262.17. Being large, these generators are required to meet much more extensive training requirements. It’s a best practice for VSQGs to train employees to safely handle HazWaste, but it’s not specifically called out in EPA’s HazWaste generator regulations. However, other training regulations, such as those for OSHA and DOT may come into play.

Key to remember: No matter what you call them, hazardous chemicals are regulated by OSHA, DOT, and EPA depending what you’re doing with those chemicals. Employers must understand what regulations apply to their situation and train employees accordingly.

No inspectors, no excuses: Why compliance still matters in a government shutdown
2025-10-14T05:00:00Z

No inspectors, no excuses: Why compliance still matters in a government shutdown

There have been 21 federal shutdowns since 1976, with an average duration of 8 days. The longest shutdown (in 2018–2019) lasted 35 days. Shutdowns aren't uncommon. When federal agencies shut down, inspections stall, enforcement actions pause, and regulatory oversight slows. For many companies, this might seem like a temporary reprieve from environmental scrutiny. But for professionals committed to environmental excellence, it’s an opportunity, not a loophole. The absence of enforcement doesn’t mean the absence of responsibility.

Why compliance still matters, even without enforcement

Environmental compliance isn’t just about avoiding fines. It’s about protecting worker health, community trust, and long-term operational stability. During a government shutdown, the temptation to defer environmental investments or relax internal standards can grow. But doing so risks more than future penalties; it undermines the credibility of your environmental program and can lead to reputational damage.

It’s also important to note that state programs are still typically operational and active during federal shutdowns, so inspections and compliance activities for state-authorized programs continue.

Making the business case for continued investment

To convince management and stakeholders, frame environmental excellence as a strategic asset:

  • Risk management: Environmental lapses can still be discovered post-shutdown, and penalties may be retroactive.
  • Operational efficiency: Many environmental controls improve process reliability, reduce waste, and lower energy costs.
  • Brand and stakeholder trust: Investors, customers, and communities increasingly expect companies to go beyond compliance.
  • Permit renewals and expansions: Agencies may scrutinize historical performance when reviewing future applications.

Use real-world examples or internal metrics to show how environmental investments have paid off — even when enforcement wasn’t the driver.

Strategies for promoting excellence during a shutdown

Environmental professionals can lead by example and keep the momentum going:

  • Maintain internal audits and inspections: Show that oversight continues, even if external reviews pause.
  • Communicate proactively: Share updates with leadership about ongoing compliance efforts and environmental performance.
  • Highlight cost savings: Quantify how environmental initiatives reduce resource use, waste disposal costs, or downtime.
  • Engage employees: Reinforce the company’s environmental values through training, recognition, and involvement.

Turning downtime into opportunity

A shutdown can be a chance to strengthen internal systems:

  • Review and update environmental management plans.
  • Conduct training or tabletop exercises.
  • Evaluate historical data to identify trends and areas of improvement.
  • Prepare for future inspections with mock audits or gap analyses.

These efforts demonstrate commitment and prepare your team for when oversight resumes.

Key to remember: Environmental excellence isn’t just about avoiding fines. It’s about building a resilient, responsible, and respected operation. Even when enforcement pauses, your commitment shouldn’t.

EHS Monthly Round Up - September 2025

EHS Monthly Round Up - September 2025

In this September 2025 roundup video, we'll review the most impactful environmental health and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what’s happened over the past month.

OSHA released its Spring 2025 regulatory agenda on September 4. Many rulemakings have been pushed into the fourth quarter of 2025 and the first half of 2026, while a few have been removed from the agenda altogether. These include Infectious Diseases, Blood Lead Level for Medical Removal, and the Musculoskeletal Disorders Column on the OSHA 300 log.

Three rules moved into the long-term actions category – Workplace Violence in Health Care and Social Assistance, Cranes and Derricks in Construction, and Process Safety Management and Prevention of Major Chemical Accidents. The proposed rule stage saw an influx of new entries, most of which were published in the July 1 Federal Register.

The Standards Improvement Project, slated for proposal in May 2026, intends to “remove, modernize, or narrow duplicative, unnecessary, or overly burdensome regulatory provisions.”

OSHA renewed its alliance with the National Waste and Recycling Association and the Solid Waste Association of North America. The partnership will focus on safety issues such as transportation hazards; slips, trips, and falls; needlestick and musculoskeletal injuries; and health issues associated with lithium battery hazards in waste/recycling collection and processing.

For the 15th year in a row, fall protection for construction topped OSHA’s list of top 10 violations. In fiscal year 2024, there were 5,914 recorded fall protection violations, down from 7,271 in fiscal year 2023. The standards that round out the top 10 remain unchanged, with a shift in some of the rankings.

Turning to environmental news, EPA proposes to eliminate the Greenhouse Gas Reporting Program requirements for all source categories except the petroleum and natural gas systems category. The agency also proposes to suspend compliance obligations for covered facilities until 2034. A public hearing was held October 1 and stakeholders have until November 3 to comment on the proposal.

Hazardous waste handlers may continue to use 5-paper copy manifest forms. EPA announced it will accept these forms from entities regulated by the Resource Conservation and Recovery Act, or RCRA, until further notice. The agency will give a 90-day notice before it plans to stop accepting the 5-copy forms.

And finally, EPA published its Spring 2025 regulatory agenda on September 4. The agenda outlines the agency’s upcoming regulatory actions and their status in the rulemaking process. Major updates on the docket include those for greenhouse gases, risk management rules, and the Renewable Fuel Standards for 2026 and 2027.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

What are the 3 types of National Pretreatment Program standards?
2025-10-06T05:00:00Z

What are the 3 types of National Pretreatment Program standards?

Industrial and commercial facilities produce significant amounts of pollutant-containing wastewater. Sending these waste streams to public wastewater and sewage treatment facilities as-is can cause major problems since these facilities usually aren’t designed to handle toxic or unexpected industrial pollutants. That’s why facilities have to pretreat wastewater before sending it to the treatment facility.

Industrial and commercial sources that discharge pollutant-containing wastewater to a publicly owned treatment works (POTW) facility are called industrial users (IUs). You may also see them referred to as “nonpoint sources” and “indirect dischargers.” These facilities are subject to the National Pretreatment Program, which is part of the National Pollutant Discharge Elimination System (NPDES) Permit Program.

The Environmental Protection Agency’s (EPA’s) National Pretreatment Program mandates IUs to comply with all applicable federal, state, and local standards to discharge wastewater to a POTW. The federal program has three types of pretreatment requirements:

  • National prohibited discharge standards,
  • National categorical pretreatment standards, and
  • Local discharge limits.

Understanding the differences between the types of pretreatment program standards is essential, especially since your facility may have to comply with all three.

What are the types of pretreatment standards?

IUs must obtain permits or comply with other control mechanisms to discharge wastewater to a POTW. Let’s look at the three kinds of pretreatment standards that may apply.

Prohibited discharge standards are national standards consisting of general and specific prohibitions that forbid facilities from discharging certain pollutants.

  • The general prohibitions ban IUs from discharging any pollutants to a POTW that can cause pass through or interference (defined at 40 CFR 403.3).
  • The specific prohibitions ban IUs from discharging eight kinds of pollutants (defined at 403.5(b)), such as those that pose a fire or explosion hazard to the POTW.

Categorical pretreatment standards are national limits that apply to wastewater discharged by facilities in specific industrial categories.

EPA sets effluent limitations guidelines and standards (ELGs) for the covered industrial categories to prevent discharges from IUs that can pass through or interfere with the works or otherwise disrupt POTW operations. ELGs give numerical, technology-based limits for the quantity, concentration, or properties of a pollutant that IUs can discharge to a POTW.

Local limits are established by POTWs and are specific to each site, so requirements vary across different POTW pretreatment programs. Local limits prevent pollutant discharges from IUs that can pass through or interfere with the works, contaminate sludge, and/or endanger worker health and safety.

POTWs set effluent discharge limits, which can be numerical or narrative (for example, no discharging toxics in toxic amounts). Standards may also include best management practices, such as taking actions to control plant site runoff.

Who enforces the pretreatment standards?

Generally, POTWs implement the NPDES National Pretreatment Program at the local level. EPA requires large POTWs and smaller POTWs with significant industrial discharges to develop local pretreatment programs. Through EPA-approved local programs, POTWs enforce the national standards and requirements in addition to any stricter local regulations that apply.

Where EPA hasn’t approved a POTW’s local pretreatment program, it's administered by the state (if approved to do so) or EPA regional office.

Where does my facility start?

If your facility is subject to the NPDES National Pretreatment Program, first identify the kind of IU your facility is: an IU, a significant IU, or a categorical IU. The category determines the requirements that may apply.

Keep in mind that all IUs must comply with the applicable federal pretreatment program requirements:

  • Regardless of whether the POTW has an approved pretreatment program, and
  • Regardless of whether the IUs have been issued a permit or control mechanism.

Significant IUs (defined at 403.3(v)) and categorical IUs (i.e., facilities subject to one of the categorical standards in Parts 405–471) have additional federal requirements. Generally, these facilities must also meet local limits.

Key to remember: Industrial and commercial facilities must comply with the National Pretreatment Program before discharging pollutant-containing wastewater to a publicly owned treatment works facility.

How the government shutdown affects employers
2025-10-01T05:00:00Z

How the government shutdown affects employers

On October 1, the federal government shut down. As a result, private employers and employees, as well as federal contractors and government employees, will likely face delays in services and programs until a resolution is reached.

Below is a recap of how the shutdown impacts several key federal agencies and what to expect.

Federal Motor Carrier Safety Administration (FMCSA)

It’s generally business as usual for the FMCSA. Roadside inspections are considered an essential safety function. Both federal and state enforcement partners perform these inspections, and most weigh stations are run by state Department of Transportation (DOT) agencies, which aren’t directly affected by a federal shutdown.

Drivers should assume inspections will continue as normal. Violations will still result in citations, out-of-service orders, and compliance reviews.

While the day-to-day enforcement likely won’t change, some aspects of the FMCSA and DOT operations may slow down, such as:

  • Rulemaking and new initiatives: Any changes to federal regulations will pause.
  • Audits and investigations: Compliance reviews and safety audits may take longer, although the enforcement of violations will continue.
  • Administrative support: Processing non-urgent matters, permits, or correspondence may be slower.

New registrations and filings, such as new USDOT numbers, new authority, and Unified Carrier Registration filings, will likely experience delays until the shutdown is resolved.

Pipeline and Hazardous Materials Safety Administration (PHMSA)

The picture is more complex at PHMSA. The DOT plan says about one-third of the agency's 580 employees are expected to be furloughed. Inspections of hazardous materials shippers, carriers, and other entities will continue, as will enforcement of the hazardous materials safety regulations. However, a variety of administrative functions are expected to be impacted, including non-emergency approvals and permits, rulemaking activities, research, grants, outreach, and the hazmat registration and fee-collection program.

Occupational Safety and Health Administration (OSHA)

OSHA will continue only its essential functions, including:

  • Inspections for imminent danger situations, workplace fatalities, and catastrophes;
  • Review and referral of whistleblower complaints tied to imminent threats;
  • Follow-up inspections of serious violations without abatement; and
  • Enforcement actions needed to meet statutory deadlines on high-risk cases.

All other agency activities such as rulemaking, programmed inspections, compliance assistance, website updates, and outreach programs are suspended. Only employees designated as essential may continue working, and the Occupational Safety and Health Review Commission halts all operations for the duration of the shutdown.

Environmental Protection Agency (EPA)

EPA has implemented its contingency plan, resulting in a significant reduction in operations. Approximately 90 percent of EPA staff have been furloughed, leaving around 1,700 personnel to continue essential functions, including emergency response operations, law enforcement, criminal investigations, maintenance of critical laboratory assets, and Superfund site work only if halting it poses an imminent threat to human life.

Most routine EPA functions have been suspended (like issuing permits and regulations). The agency has also paused work on climate-related regulations and restructuring efforts unless deemed essential or funded through exempted sources (e.g., Infrastructure Investment and Jobs Act or specific fee-based programs).

Equal Employment Opportunity Commission (EEOC)

The EEOC, which investigates discrimination claims, is closed during the shutdown. The agency won’t be responding to inquiries during this time, but a limited number of services will still be available. If employees want to file a discrimination charge, they should be aware that time limits for filing a charge won’t be extended due to the shutdown.

Additional information on filing new charges, the status of pending charges, or other existing business with the EEOC, etc., will likely be delayed. During the shutdown, information on the EEOC website won’t be updated. In addition, transactions submitted via the website won’t be processed, and EEOC staff won’t be able to respond to requests or questions submitted to the EEOC, including those submitted by email or through its website, until the shutdown is over. 

Members of the public who call the EEOC during the government shutdown will be able to access the pre-recorded information available on the EEOC's Interactive Voice Response System, but EEOC staff will not be available to assist them. Email inquiries sent to the agency will be monitored for urgent matters but generally not addressed during the shutdown.

National Labor Relations Board (NLRB)

NLRB offices are closed during the shutdown, and hearings are postponed. Because documents may not be filed on the NLRB website during the shutdown, due dates for filing documents will be extended.

As the 6-month statute of limitations for filing unfair labor practice charges remains in effect, the agency recommends mailing or faxing a copy of the charge to the regional office during the shutdown.

Department of Labor (DOL)

The DOL is also shut down, except for activities such as those needed to protect life and property. All regulatory work has ceased, including the final rules on independent contractors and joint employers.

The Wage and Hour Division (WHD), which enforces laws such as the Fair Labor Standards Act and the Family and Medical Leave Act, dropped from 1,270 employees to 7. Employees won’t be able to file claims under such laws.

The agency will monitor and respond to child labor investigations and will pursue and address legal cases or investigations in jeopardy of being lost due to a statute of limitations or as otherwise ordered by the court. It will also continue to process certain benefits payments and support federal and state unemployment programs.

The Employee Benefits Security Administration (EBSA) generally stopped its research activities, audits, compliance assistance, and IT support.

The Veterans’ Employment and Training Service (VETS) stopped conducting investigations of the Uniformed Services Employment and Reemployment Rights Act.

U.S. Citizenship and Immigration Services (USCIS)

Employers must continue to use the Form I-9 during the shutdown to verify that an employee is eligible to work in the United States. The form must be completed within 3 business days after the employee’s first day of employment.

The form may be downloaded from the USCIS website. The agency expects to retain the majority of its employees during the shutdown.

Employers who use the online E-Verify system to confirm an employee’s eligibility to work in the United States may experience a system shutdown, however. In the event of an E-Verify shutdown, employers won’t be able to create E-Verify cases, run reports, or resolve tentative non-confirmations.

E-Verify employers should continue to complete a Form I-9 for each new employee. After the shutdown ends and the E-Verify system is operational, employers should create E-Verify cases for employees who were hired when the website was not available.

In the event of an E-Verify system shutdown, it’s likely that the USCIS will extend deadlines for creating E-Verify cases and resolving tentative non-confirmations. The agency is expected to provide further guidance.

Federal contractors and government employees

Federal contractors and government employees from shut-down agencies are either furloughed — prohibited from work and unpaid — or required to work without pay if their roles are deemed essential to public safety.

Payments to companies with a federal contract may be delayed, and they may receive a stop-work order. Contracts will not be issued or extended during the shutdown.

The Office of Federal Contract Compliance Programs website is not being updated during the shutdown.

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Most Recent Highlights In Human Resources

Pre-preconstruction permits: Can building begin without one?
2025-09-25T05:00:00Z

Pre-preconstruction permits: Can building begin without one?

Just like blueprints, hard hats, and scaffolding, permits are synonymous with construction. Most businesses have to get permits before breaking ground on a project. However, recent federal guidance on preconstruction permits for air emissions indicates that some construction activities may be able to start without a permit.

The Environmental Protection Agency (EPA) requires businesses to obtain a preconstruction permit for a new facility or major modifications to an existing facility before starting construction. It ensures that new or modified facilities will be able to comply with air emissions requirements. In September 2025, the agency published guidance (in the form of a response letter), determining that a company may start construction activities on parts of a new facility unrelated to air emissions before obtaining a permit.

Let’s take a look at the preconstruction permit regulations, the facts of the case in the guidance, and EPA’s plans to clarify which construction activities can begin before obtaining a preconstruction permit.

What are the preconstruction permit requirements?

Under the New Source Review (NSR) regulations (40 CFR Part 51 Subpart I and Part 52 Subpart A), businesses that build a new facility or make major modifications to an existing one have to obtain a preconstruction permit to “begin actual construction.” EPA defines “begin actual construction” as “physical on-site construction activities on an emissions unit which are of a permanent nature.” It covers activities including (but not limited to) installing building supports and foundations, laying underground pipework, and constructing permanent storage structures.

There are three types of preconstruction permits: Prevention of Significant Deterioration (PSD) permits, nonattainment NSR permits, and minor source permits. The permits define:

  • What construction is allowed,
  • Emissions limits, and
  • How the source must be operated (if applicable).

It’s important to note that most preconstruction permits are issued at the state or local levels. The requirements must be at least as stringent as EPA’s.

What’s the case?

A county air quality district in Arizona asked EPA to assess whether it may allow a company to start the first phase of construction on a semiconductor manufacturing facility before obtaining an NSR permit if no emissions units are involved.

EPA answered the request with TSMC Arizona Begin Actual Construction — EPA Response Letter (September 2, 2025) and published the letter as new guidance.

Facts of the case

The company builds its facilities in three phases and doesn’t install the semiconductor manufacturing equipment until all phases are complete.

The first phase of construction consists of building the core and shell of the facility, which includes the foundation, a steel superstructure, and external walls. The building will eventually house emissions units (semiconductor manufacturing equipment). However, the company stated that the first phase of construction doesn’t involve any air pollution control devices, emissions units, or foundations for emissions units.

The county air quality district agreed that if a structure contains no emissions unit, it’s not subject to NSR permitting because it doesn’t emit or have the potential to emit pollutants.

EPA response to the case

In the September 2025 response letter, EPA recognized that the definition of “begin actual construction” prohibits on-site construction of an emissions unit without a permit, but it doesn’t prohibit on-site construction of the parts of a facility that don’t qualify as an emissions unit.

The agency determined that the county air quality district may allow the company to start the first phase of construction (even if it’s of a permanent nature) before it obtains an NSR permit as long as it doesn’t involve construction on an emissions unit.

What are EPA’s regulatory plans?

The agency will conduct rulemaking to clarify what construction activities need an NSR permit and what construction activities can proceed without one. It plans to amend the NSR regulations in 2026 by:

  • Revising the definition of “begin actual construction," and
  • Establishing how permitting authorities may distinguish parts of a facility that are and aren’t emissions units or parts of emissions units.

Until then, EPA will address preconstruction permitting issues on a case-by-case basis.

How should facilities respond?

If you’re planning to build a new facility or make a major modification to one, consider these tips to help you comply with the NSR regulations:

  • Check whether the state and local requirements are the same as or stricter than federal rules. The state environmental department’s website is a good place to start.
  • Contact the permit-issuing agency (likely the state or local air pollution control agency) for direct help with your specific project.
  • Watch EPA news announcements for updates on rulemaking. You can also track the Federal Register, where the agency publishes proposed and final rules.

Key to remember: EPA plans to conduct rulemaking to help distinguish which construction activities need a preconstruction permit for air emissions and which activities don’t.

CSB says inferno reveals gaping holes in OSHA/EPA regulations
2025-09-23T05:00:00Z

CSB says inferno reveals gaping holes in OSHA/EPA regulations

A stunning 17-minute video from the Chemical Safety and Hazard Investigation Board (CSB) animates the turn of events at a Texas terminal facility over six years ago. A broken pump led to a massive fire and significant environmental damage. Despite the process weaknesses at the facility, the video underscores a breach in OSHA and EPA regulations that CSB warns may lead to other incidents in the U.S.

The catastrophic incident

Picture an 80,000-barrel aboveground storage tank. On March 17, 2019, the circulation pump on the tank failed, allowing the release of a flammable butane-enriched naphtha blend. The release was undetected, as vapor accumulated in the area for 30 minutes. The vapor then ignited, resulting in a large-scale fire that spread to 14 other tanks. Fire crews were unable to extinguish it for three days. Black smoke cascaded into the community that was sheltering in place.

Then the petrochemicals, firefighting foams, and contaminated water broke past the secondary containment wall. An estimated 500,000 barrels of the materials then entered an adjacent bayou and reached a shipping channel contaminating a seven-mile stretch.

What did investigators find?

The CSB investigation found technical failures. The video identifies three important but missing things:

  • Procedures to maintain the mechanical integrity of the pump,
  • Flammable gas detection systems, and
  • Remotely operated tank valves.

Outdated tank farm design was also a factor. Tanks were spaced close together and did not have subdivided containment systems.

Despite the process issues, regulatory shortfalls played a prominent role in the board’s findings. CSB Chairperson Steve Owens remarks, “A serious gap in federal regulations also contributed to the severity of this event.”

OSHA regulatory gap

The CSB video, "Terminal Faiure," points out that 29 CFR 1910.119, the OSHA Process Safety Management (PSM) standard, does not cover all flammable liquids. Those stored in atmospheric tanks and kept below their normal boiling point without chilling or refrigeration are not subject to the standard. This is referred to in industry as the “flammable liquid atmospheric storage tank exemption.” See 1910.119(a)(1)(ii)(B).

The terminal facility company took the position that the storage of the butane-enriched naphtha product in the tank was excluded from PSM coverage. It based this stance on the exemption. According to CSB, had the OSHA PSM standard applied to the tank and its equipment, the terminal facility would have been required to implement a formal PSM system.

That system would have given the company a better chance to identify and control hazards for the tank and its equipment. Had the terminal facility put a comprehensive PSM system in place that effectively identified and controlled the tank/equipment hazards, the company could have prevented this incident, argues CSB.

EPA regulatory gap

Unlike the PSM standard, the Risk Management Program (RMP) standard at 40 CFR 68 does not include an exemption for atmospheric storage of flammable liquids. However, CSB highlights that 68.115(b)(2)(i) has a significant loophole. It reads, “[I]f the concentration of the substance is one percent or greater by weight of the mixture, then, for purposes of determining whether a threshold quantity is present at the stationary source, the entire weight of the mixture shall be treated as the regulated substance unless the owner or operator can demonstrate that the mixture itself does not have a National Fire Protection Association [NFPA] flammability hazard rating of 4.”

The terminal facility determined that the butane-enriched naphtha product contained in the tank was not subject to RMP because it was an NFPA-3a rated material. While the CSB is not validating the terminal’s NFPA “3” finding, the board speculates that had the EPA RMP standard applied to the tank and its pump, this incident likely would not have occurred.

CSB recommends closing the regulatory loopholes

In the recently released video, CSB recommends that:

  • OSHA eliminate the atmospheric storage tank exemption from the PSM standard — The board insists that the atmospheric storage tank exemption in the OSHA standard continues to allow for catastrophic incidents to occur. Without PSM coverage, necessary safeguards are not being implemented for equipment that should otherwise be covered, CSB says.
  • EPA modify 68.115(b)(2)(i) to expand coverage of its RMP standard to include all flammable liquids, including mixtures, with a flammability rating of NFPA-3 or higher — NFPA-3 flammability rated materials have resulted in significant explosions and fires similar to those contemplated to occur from NFPA-4 rated materials, observes CSB.

Owens emphasizes, “We believe that our recommendations, particularly to OSHA and EPA, to expand regulatory oversight of these kinds of chemicals and facilities will help ensure that a similar incident does not occur in the future.”

Key to remember

A new CSB video recounts the events involved in a massive storage tank fire. At the same time, the video warns of blind spots in OSHA PSM and EPA RMP regulations that may lead to other incidents in the U.S.

The new rules of waste: How 2025 legislation is reshaping corporate environmental compliance
2025-09-22T05:00:00Z

The new rules of waste: How 2025 legislation is reshaping corporate environmental compliance

In 2025, sweeping changes to waste laws across the U.S. are forcing companies to rethink packaging, disposal, and reporting practices. From statewide bans on single-use plastics to expanded Extended Producer Responsibility (EPR) programs and chemical recycling reclassification, these updates carry significant compliance implications for corporate environmental health and safety (EHS) teams.

Single-use plastics: New bans and restrictions

Several states have enacted new bans on polystyrene foam containers, plastic straws, and produce bags:

  • California SB 54, as of January 1, 2025, bans expanded polystyrene (EPS) food containers unless they meet a 25 percent recycling rate. Precheckout bags must be compostable or made of recycled paper (SB 1046).
  • Delaware SB 51 bans foam containers and plastic stirrers unless requested by the customer.
  • Oregon SB 543 bans EPS containers and food packaging with intentionally added PFAS.
  • Virginia bans food vendors from using EPS as of July 1, 2025.

Compliance tip: Audit your packaging inventory and supplier certifications. Ensure alternatives meet compostability or recyclability standards.

Extended Producer Responsibility (EPR): Expanding nationwide

EPR laws now apply in several states. These laws require companies to help pay for recycling and report packaging data:

  • Maryland SB 901 allows multiple Producer Responsibility Organizations (PROs) and mandates cost-sharing for recycling.
  • Washington SB 5284 targets consumer packaging with compliance deadlines starting in 2028.
  • Colorado bans unregistered producers from selling covered products as of July 1, 2025.
  • California's SB 54 revised draft rules released in May 2025 include new compliance dates and exemptions.

Compliance tip: Register with your state’s PRO, submit packaging data, and prepare for fee schedules. Track deadlines and exemptions closely.

Chemical recycling: Regulatory reclassification and impacts

States like Texas and Pennsylvania now classify chemical recycling as manufacturing, not waste management. This shift encourages investment but also changes permitting and emissions reporting obligations.

Compliance tip: If your facility uses or contracts chemical recycling, review air and water permits. Ensure alignment with manufacturing regulations.

Per and polyfluoroalkyl substances (PFAS): Phaseouts and hazardous waste updates

More states are banning PFAS in packaging, cookware, and more:

  • Minnesota, Oregon, Rhode Island, and New Mexico have banned or phased out PFAS in consumer products.
  • Illinois SB 727 aligns PFAS limits in drinking water with the Environmental Protection Agency standards.

Compliance tip: Update product Safety Data Sheets and conduct PFAS audits. Prepare for new reporting under TSCA Section 8(a)(7), including data on manufacture, use, and disposal.

Circular economy and composting: Recent mandates

States are setting zero-waste goals and requiring composting:

  • Hawaii HB 750 launches a statewide recycling needs assessment.
  • Maine LD 1065 requires large food waste generators to compost by 2030.

Compliance tip: Evaluate organics diversion programs and infrastructure. Consider partnerships with composting facilities.

EHS teams: What to do now

  • Map your regulatory exposure: Identify which state laws apply to your operations.
  • Engage with PROs: Register, report, and participate in rulemaking.
  • Train staff: Ensure procurement, operations, and legal teams understand new requirements.
  • Audit packaging and waste streams: Replace banned materials and optimize recycling.
  • Monitor emerging legislation: Stay ahead of new bills and compliance deadlines.

Key to remember: Staying compliant in 2025 means more than avoiding fines. EHS teams must lead efforts to meet new waste laws and support sustainability goals.

EPA proposes to remove GHG reporting requirements for most facilities
2025-09-19T05:00:00Z

EPA proposes to remove GHG reporting requirements for most facilities

The Environmental Protection Agency (EPA) published a significant proposed rule on September 16, 2025. The agency proposes to eliminate the Greenhouse Gas Reporting Program (GHGRP) requirements for nearly all regulated entities except for petroleum and natural gas systems. EPA also plans to suspend compliance requirements for covered facilities until reporting year (RY) 2034.

Further, the proposed rule notes that Congress amended the Clean Air Act in July 2025 to start the Waste Emissions Charge (WEC) program in 2034. The changes essentially reinstate the WEC program that was previously disapproved.

The GHGRP requires covered entities to submit annual reports of GHG emissions. The regulation applies to 47 source categories, including:

  • Large direct emitters of GHG emissions (25,000 or more metric tons of carbon dioxide equivalent per year),
  • Fuel and industrial gas suppliers, and
  • Carbon dioxide injection sites.

What are the possible changes?

EPA proposes to:

  • Remove the requirements of 40 CFR Part 98 for all source categories under Part 98 except for the Petroleum and Natural Gas Systems source category (Part 98 Subpart W),
  • Remove the Natural Gas Distribution industry segment (98.230) from the Petroleum and Natural Gas Systems source category, and
  • Suspend the reporting requirements for the Petroleum and Natural Gas Systems source category until January 1, 2034.

How could this impact facilities?

If finalized, EPA’s proposed rule would have major effects:

  • Nearly all of the covered source categories (apart from petroleum and natural gas systems) would no longer be subject to the GHGRP regulations after RY 2024.
  • Natural gas distributors would be removed from Part 98 Subpart W and, therefore, no longer subject to the GHGRP regulations after RY 2024.
  • Facilities in the Petroleum and Natural Gas Systems source category (except for natural gas distributors) would be subject to the GHGRP regulations. However, requirements wouldn’t apply until RY 2034. The next report would be due by March 31, 2035, and annually thereafter.

About the WEC program

Amendments to Section 136 of the Clean Air Act in 2022 required EPA to start collecting a WEC from facilities in the Petroleum and Natural Gas Systems source category (except those in the natural gas distribution industry segment) that exceed waste emissions thresholds.

In March 2025, a joint congressional resolution disapproved the regulation implementing the WEC program, making the rule ineffective. Further, EPA issued a final rule in May 2025 that removed the WEC regulations from the Code of Federal Regulations.

However, the One Big Beautiful Bill Act (signed into law in July 2025) amended Section 136(g) of the Clean Air Act to begin imposing and collecting a WEC from the Petroleum and Natural Gas Systems source category (except for natural gas distributors) for emissions reported for calendar year 2034 and later.

How can I participate in the rulemaking?

You can register for and attend EPA’s virtual public hearing for the proposed rule on October 1, 2025. Additionally, you may submit public comments on the proposed rule (Docket Id. No. EPA-HQ-OAR-2025-0186) through November 3, 2025.

Key to remember: EPA proposes to eliminate the Greenhouse Gas Reporting Program requirements for all source categories except the petroleum and natural gas systems category and to suspend compliance obligations until 2034.

Expert Insights: Lessons that lead
2025-09-19T05:00:00Z

Expert Insights: Lessons that lead

As we continue to navigate the evolving landscape of regulatory changes, one truth remains constant: environmental compliance isn’t just a regulatory requirement; it must be a priority for leadership. Every facility, regardless of size or sector, can lead by example, not only through innovation but also through the lessons learned from challenges.

One such lesson came from a chemical manufacturing facility we worked with in the Midwest. They experienced a near-miss incident involving a wastewater neutralization tank. During a routine transfer, an operator noticed a sudden pH spike in the effluent stream. Quick thinking and immediate shutdown procedures prevented a potential discharge violation. Upon investigation, they discovered that a mislabeled tote of caustic solution was mistakenly added to the neutralization system.

The root causes? There was a breakdown in labeling protocols and a lack of crosschecking during chemical transfers. The facility responded swiftly by:

  • Implementing a barcode-based chemical tracking system,
  • Retraining staff on hazard communication, and
  • Revising their standard operating procedures.

Since then, the facility has reported zero chemical handling errors and has shared the lessons across the corporate network.

This incident serves as a powerful reminder that environmental compliance isn’t just about systems and sensors. It’s about people, processes, and a culture of vigilance. Mistakes can happen, but how we respond defines our commitment to continuous improvement.

We encourage you to reflect on your own facility’s “teachable moments.” Share them. Learn from them. Every lesson learned is a step toward a safer and more compliant operation.

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