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NewsSafe Drinking WaterWater ProgramsEnvironmental Protection Agency (EPA)RulemakingFinal RuleEnvironmentalCWA ComplianceEnglishFocus AreaUSA
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.
| Category | Examples of potentially regulated entities | NAICS * |
|---|---|---|
| * NAICS = North American Industry Classification System. | ||
| State, local, & Tribal governments | State, 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 monitor | 924110 |
| Industry | Private operators of CWSs and NTNCWSs required to monitor | 221310 |
| Municipalities | Municipal operators of CWSs and NTNCWSs required to monitor | 924110 |
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.
| Entity | Average 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 costs | 7.0 |
| Very Large PWSs (100,001 and greater), including labor and non-labor costs | 2.2 |
| States, including labor costs related to implementation coordination | 0.8 |
| EPA, including labor for implementation and non-labor for small system testing | 5 10.5 |
| Average Annual National Total | 20.8 |
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.
BILLING CODE 6560-50-P

BILLING CODE 6560-50-C
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.
| Number | Title | ||
|---|---|---|---|
| CFR rule section | Description of section | Corresponding preamble section | |
| Number | Title | ||
| 40 CFR 141.40(a)(3) | Contaminants in UCMR 5 | Maintains proposed list of 29 PFAS and lithium for monitoring | IV.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 applicability | Revises 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 agency | IV.B |
| 40 CFR 141.40(a)(i)(B) | Sampling frequency and timing | Maintains 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 EPA | IV.D |
| 40 CFR 141.35(c)(6)(ii) and 40 CFR 141.40(a)(5)(vi) | Reporting timeframe | Maintains 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 EPA | IV.E |
| 40 CFR 141.35(e) | Reporting requirements | Removes one proposed data element, maintains 27 proposed data elements, and clarifies the use of state data | IV.F |
| 40 CFR 141.40(a)(3) | Minimum reporting levels (MRL) | Maintains proposed MRLs for contaminants | IV.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.
| 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.
| 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 design | Total 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 appropriations | 4 5,147 |
| Large Systems 3 (10,001 and over) | All systems (CWSs and NTNCWSs) | 4,364 |
| Total | 10,311 | |
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.
| 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-owned | Privately-owned | Total 2 |
| Ground Water | |||
| 500 and under | 42 | 126 | 168 |
| 501 to 3,300 | 320 | 121 | 441 |
| 3,301 to 10,000 | 2,334 | 541 | 2,875 |
| Subtotal Ground Water | 2,696 | 788 | 3,484 |
| Surface Water (and Ground Water Under the Direct Influence of Surface Water) | |||
| 500 and under | 9 | 11 | 20 |
| 501 to 3,300 | 126 | 45 | 171 |
| 3,301 to 10,000 | 1,762 | 510 | 2,272 |
| Subtotal Surface Water | 1,897 | 566 | 2,463 |
| Total of Small Water Systems | 4,593 | 1,354 | 5,947 |
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.
| System size (number of people served) | Annual number of systems impacted 2 | Average annual hours per system | Average annual cost per system | SBREFA 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 under | 8 | 1.0 | $40.65 | 0.09 |
| 501 to 3,300 | 64 | 1.1 | 43.37 | 0.02 |
| 3,301 to 10,000 | 467 | 1.3 | 49.92 | 0.01 |
| Surface Water (and Ground Water Under the Direct Influence of Surface Water) Systems | ||||
| 500 and under | 2 | 1.4 | 54.39 | 0.07 |
| 501 to 3,300 | 25 | 1.4 | 56.19 | 0.02 |
| 3,301 to 10,000 | 353 | 1.5 | 57.39 | 0.004 |
| System size (number of people served) | Annual number of systems impacted 2 | Average annual hours per system | Average annual cost per system | SBREFA 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 under | 25 | 1.0 | $40.65 | 0.48 |
| 501 to 3,300 | 24 | 1.1 | $43.37 | 0.03 |
| 3,301 to 10,000 | 108 | 1.3 | $49.92 | 0.004 |
| Surface Water (and Ground Water Under the Direct Influence of Surface Water) Systems | ||||
| 500 and under | 2 | 1.4 | $54.39 | 0.11 |
| 501 to 3,300 | 9 | 1.4 | $56.19 | 0.02 |
| 3,301 to 10,000 | 102 | 1.5 | $57.39 | 0.004 |
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.
| Data element | Definition |
|---|---|
| 1. Public Water System Identification (PWSID) Code | The code used to identify each PWS. The code begins with the standard 2-character postal State abbreviation or Region code; the remaining 7 numbers are unique to each PWS in the State. The same identification code must be used to represent the PWS identification for all current and future UCMR monitoring. |
| 2. Public Water System Name | Unique name, assigned once by the PWS. |
| 3. Public Water System Facility Identification Code | An identification code established by the State or, at the State's discretion, by the PWS, following the format of a 5-digit number unique within each PWS for each applicable facility (i.e., for each source of water, treatment plant, distribution system, or any other facility associated with water treatment or delivery). The same identification code must be used to represent the facility for all current and future UCMR monitoring. |
| 4. Public Water System Facility Name | Unique name, assigned once by the PWS, for every facility ID ( e.g., Treatment Plant). |
| 5. Public Water System Facility Type | That code that identifies that type of facility as either: CC = Consecutive connection. SS = Sampling station. TP = Treatment plant. OT = Other. |
| 6. Water Source Type | The type of source water that supplies a water system facility. Systems must report one of the following codes for each sampling location: |
| SW = Surface water (to be reported for water facilities that are served entirely by a surface water source during the 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 Code | An identification code established by the State, or at the State's discretion, by the PWS, that uniquely identifies each sampling point. Each sampling code 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 Name | Unique sample point name, assigned once by the PWS, for every sample point ID ( e.g., Entry Point). |
| 9. Sampling Point Type Code | A code that identifies the location of the sampling point as: EP = Entry point to the distribution system. |
| 10. Disinfectant Type | All 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 Information | Treatment information associated with the sample point. Please select all that apply. |
| CON = Conventional (non-softening, consisting of at least coagulation/sedimentation basins and filtration). | |
| SFN = Softening. | |
| RBF = River bank filtration. | |
| PSD = Pre-sedimentation. | |
| INF = In-line filtration. | |
| DFL = Direct filtration. | |
| SSF = Slow sand filtration. | |
| BIO = Biological filtration (operated with an intention of maintaining biological activity within filter). | |
| UTR = Unfiltered treatment for surface water source. | |
| GWD = Groundwater system with disinfection only. | |
| PAC = Application of powder activated carbon. | |
| GAC = Granular activated carbon adsorption (not part of filters in CON, 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 Date | The date the sample is collected, reported as 4-digit year, 2-digit month, and 2-digit day (YYYYMMDD). |
| 13. Sample Identification Code | An alphanumeric value up to 30 characters assigned by the laboratory to uniquely identify containers, or groups of containers, containing water samples collected at the same sampling location for the same sampling date. |
| 14. Contaminant | The unregulated contaminant for which the sample is being analyzed. |
| 15. Analytical Method Code | The identification code of the analytical method used. |
| 16. Extraction Batch Identification Code | Laboratory assigned extraction batch ID. Must be unique for each extraction batch within the laboratory for each method. For CCC samples report the Analysis Batch Identification Code as the value for this field. For methods without an extraction batch, leave this field null. |
| 17. Extraction Date | Date for the start of the extraction batch (YYYYMMDD). For methods without an extraction batch, leave this field null. |
| 18. Analysis Batch Identification Code | Laboratory assigned analysis batch ID. Must be unique for each analysis batch within the laboratory for each method. |
| 19. Analysis Date | Date for the start of the analysis batch (YYYYMMDD). |
| 20. Sample Analysis Type | The 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—Sign | A value indicating whether the sample analysis result was: (<) “less than” means the contaminant was not detected, or was detected at a level below the Minimum Reporting Level. (=) “equal to” means the contaminant was detected at the level reported in “Analytical Result— Measured Value.” |
| 22. Analytical Result—Measured Value | The actual numeric value of the analytical results for: Field samples; laboratory fortified matrix samples; laboratory fortified sample matrix duplicates; and concentration fortified. |
| 23. Additional Value | Represents 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 Code | The code, assigned by EPA, used to identify each laboratory. The code begins with the standard two-character State postal abbreviation; the remaining five numbers are unique to each laboratory in the State. |
| 25. Sample Event Code | A code assigned by the PWS for each sample event. This will associate samples with the PWS monitoring plan to allow EPA to track compliance and completeness. Systems must assign the following codes: |
| SE1, 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 Treatment | A 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 Sources | A 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):
| 1—Contaminant | 2—CASRN | 3—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) | 763051-92-9 | EPA 533 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| 1H, 1H, 2H, 2H-perfluorodecane sulfonic acid (8:2 FTS) | 39108-34-4 | EPA 533 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| 1H, 1H, 2H, 2H-perfluorohexane sulfonic acid (4:2 FTS) | 757124-72-4 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| 1H, 1H, 2H, 2H-perfluorooctane sulfonic acid (6:2 FTS) | 27619-97-2 | EPA 533 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| 4,8-dioxa-3H-perfluorononanoic acid (ADONA) | 919005-14-4 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| 9-chlorohexadecafluoro-3-oxanone-1-sulfonic acid (9Cl-PF3ONS) | 756426-58-1 | EPA 533 | 0.002 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| hexafluoropropylene oxide dimer acid (HFPO-DA) (GenX) | 13252-13-6 | EPA 533 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| nonafluoro‐3,6‐dioxaheptanoic acid (NFDHA) | 151772-58-6 | EPA 533 | 0.02 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoro (2‐ethoxyethane) sulfonic acid (PFEESA) | 113507-82-7 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoro‐3‐methoxypropanoic acid (PFMPA) | 377-73-1 | EPA 533 | 0.004 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoro‐4‐methoxybutanoic acid (PFMBA) | 863090-89-5 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorobutanesulfonic acid (PFBS) | 375-73-5 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorobutanoic acid (PFBA) | 375-22-4 | EPA 533 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorodecanoic acid (PFDA) | 335-76-2 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorododecanoic acid (PFDoA) | 307-55-1 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoroheptanesulfonic acid (PFHpS) | 375-92-8 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoroheptanoic acid (PFHpA) | 375-85-9 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorohexanesulfonic acid (PFHxS) | 355-46-4 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorohexanoic acid (PFHxA) | 307-24-4 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorononanoic acid (PFNA) | 375-95-1 | EPA 533 | 0.004 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorooctanesulfonic acid (PFOS) | 1763-23-1 | EPA 533 | 0.004 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorooctanoic acid (PFOA) | 335-67-1 | EPA 533 | 0.004 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoropentanesulfonic acid (PFPeS) | 2706-91-4 | EPA 533 | 0.004 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoropentanoic acid (PFPeA) | 2706-90-3 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoroundecanoic acid (PFUnA) | 2058-94-8 | EPA 533 | 0.002 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| n-ethyl perfluorooctanesulfonamidoacetic acid (NEtFOSAA) | 2991-50-6 | EPA 537.1 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| n-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA) | 2355-31-9 | EPA 537.1 | 0.006 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorotetradecanoic acid (PFTA) | 376-06-7 | EPA 537.1 | 0.008 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorotridecanoic acid (PFTrDA) | 72629-94-8 | EPA 537.1 | 0.007 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| Metal/Pharmaceutical | |||||
| Lithium | 7439-93-2 | EPA 200.7, SM 3120 B, ASTM D1976-20 | 9 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| List 2: Screening Survey | |||||
| Reserved | Reserved | Reserved | Reserved | Reserved | Reserved |
| List 3: Pre-Screen Testing | |||||
| Reserved | Reserved | Reserved | Reserved | Reserved | Reserved |
(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.
| Contaminant type | Water source type | Timeframe | Frequency 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 Contaminants | Surface water, Mixed, or GWUDI | 12 months | You must monitor for four consecutive quarters. Sample events must occur three months apart. (Example: If first monitoring is in January, the second monitoring must occur any time in April, the third any time in July, and the fourth any time in October). |
| Ground water | 12 months | You must monitor twice in a consecutive 12-month period. Sample events must occur 5-7 months apart. (Example: If the first monitoring event is in April, the second monitoring event must occur any time in September, October, or November.) | |
(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
NewsSafe Drinking WaterWater ProgramsEnvironmental Protection Agency (EPA)RulemakingFinal RuleEnvironmentalCWA ComplianceEnglishFocus AreaUSA
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.
| Category | Examples of potentially regulated entities | NAICS * |
|---|---|---|
| * NAICS = North American Industry Classification System. | ||
| State, local, & Tribal governments | State, 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 monitor | 924110 |
| Industry | Private operators of CWSs and NTNCWSs required to monitor | 221310 |
| Municipalities | Municipal operators of CWSs and NTNCWSs required to monitor | 924110 |
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.
| Entity | Average 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 costs | 7.0 |
| Very Large PWSs (100,001 and greater), including labor and non-labor costs | 2.2 |
| States, including labor costs related to implementation coordination | 0.8 |
| EPA, including labor for implementation and non-labor for small system testing | 5 10.5 |
| Average Annual National Total | 20.8 |
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.
BILLING CODE 6560-50-P

BILLING CODE 6560-50-C
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.
| Number | Title | ||
|---|---|---|---|
| CFR rule section | Description of section | Corresponding preamble section | |
| Number | Title | ||
| 40 CFR 141.40(a)(3) | Contaminants in UCMR 5 | Maintains proposed list of 29 PFAS and lithium for monitoring | IV.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 applicability | Revises 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 agency | IV.B |
| 40 CFR 141.40(a)(i)(B) | Sampling frequency and timing | Maintains 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 EPA | IV.D |
| 40 CFR 141.35(c)(6)(ii) and 40 CFR 141.40(a)(5)(vi) | Reporting timeframe | Maintains 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 EPA | IV.E |
| 40 CFR 141.35(e) | Reporting requirements | Removes one proposed data element, maintains 27 proposed data elements, and clarifies the use of state data | IV.F |
| 40 CFR 141.40(a)(3) | Minimum reporting levels (MRL) | Maintains proposed MRLs for contaminants | IV.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.
| 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.
| 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 design | Total 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 appropriations | 4 5,147 |
| Large Systems 3 (10,001 and over) | All systems (CWSs and NTNCWSs) | 4,364 |
| Total | 10,311 | |
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.
| 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-owned | Privately-owned | Total 2 |
| Ground Water | |||
| 500 and under | 42 | 126 | 168 |
| 501 to 3,300 | 320 | 121 | 441 |
| 3,301 to 10,000 | 2,334 | 541 | 2,875 |
| Subtotal Ground Water | 2,696 | 788 | 3,484 |
| Surface Water (and Ground Water Under the Direct Influence of Surface Water) | |||
| 500 and under | 9 | 11 | 20 |
| 501 to 3,300 | 126 | 45 | 171 |
| 3,301 to 10,000 | 1,762 | 510 | 2,272 |
| Subtotal Surface Water | 1,897 | 566 | 2,463 |
| Total of Small Water Systems | 4,593 | 1,354 | 5,947 |
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.
| System size (number of people served) | Annual number of systems impacted 2 | Average annual hours per system | Average annual cost per system | SBREFA 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 under | 8 | 1.0 | $40.65 | 0.09 |
| 501 to 3,300 | 64 | 1.1 | 43.37 | 0.02 |
| 3,301 to 10,000 | 467 | 1.3 | 49.92 | 0.01 |
| Surface Water (and Ground Water Under the Direct Influence of Surface Water) Systems | ||||
| 500 and under | 2 | 1.4 | 54.39 | 0.07 |
| 501 to 3,300 | 25 | 1.4 | 56.19 | 0.02 |
| 3,301 to 10,000 | 353 | 1.5 | 57.39 | 0.004 |
| System size (number of people served) | Annual number of systems impacted 2 | Average annual hours per system | Average annual cost per system | SBREFA 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 under | 25 | 1.0 | $40.65 | 0.48 |
| 501 to 3,300 | 24 | 1.1 | $43.37 | 0.03 |
| 3,301 to 10,000 | 108 | 1.3 | $49.92 | 0.004 |
| Surface Water (and Ground Water Under the Direct Influence of Surface Water) Systems | ||||
| 500 and under | 2 | 1.4 | $54.39 | 0.11 |
| 501 to 3,300 | 9 | 1.4 | $56.19 | 0.02 |
| 3,301 to 10,000 | 102 | 1.5 | $57.39 | 0.004 |
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.
| Data element | Definition |
|---|---|
| 1. Public Water System Identification (PWSID) Code | The code used to identify each PWS. The code begins with the standard 2-character postal State abbreviation or Region code; the remaining 7 numbers are unique to each PWS in the State. The same identification code must be used to represent the PWS identification for all current and future UCMR monitoring. |
| 2. Public Water System Name | Unique name, assigned once by the PWS. |
| 3. Public Water System Facility Identification Code | An identification code established by the State or, at the State's discretion, by the PWS, following the format of a 5-digit number unique within each PWS for each applicable facility (i.e., for each source of water, treatment plant, distribution system, or any other facility associated with water treatment or delivery). The same identification code must be used to represent the facility for all current and future UCMR monitoring. |
| 4. Public Water System Facility Name | Unique name, assigned once by the PWS, for every facility ID ( e.g., Treatment Plant). |
| 5. Public Water System Facility Type | That code that identifies that type of facility as either: CC = Consecutive connection. SS = Sampling station. TP = Treatment plant. OT = Other. |
| 6. Water Source Type | The type of source water that supplies a water system facility. Systems must report one of the following codes for each sampling location: |
| SW = Surface water (to be reported for water facilities that are served entirely by a surface water source during the 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 Code | An identification code established by the State, or at the State's discretion, by the PWS, that uniquely identifies each sampling point. Each sampling code 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 Name | Unique sample point name, assigned once by the PWS, for every sample point ID ( e.g., Entry Point). |
| 9. Sampling Point Type Code | A code that identifies the location of the sampling point as: EP = Entry point to the distribution system. |
| 10. Disinfectant Type | All 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 Information | Treatment information associated with the sample point. Please select all that apply. |
| CON = Conventional (non-softening, consisting of at least coagulation/sedimentation basins and filtration). | |
| SFN = Softening. | |
| RBF = River bank filtration. | |
| PSD = Pre-sedimentation. | |
| INF = In-line filtration. | |
| DFL = Direct filtration. | |
| SSF = Slow sand filtration. | |
| BIO = Biological filtration (operated with an intention of maintaining biological activity within filter). | |
| UTR = Unfiltered treatment for surface water source. | |
| GWD = Groundwater system with disinfection only. | |
| PAC = Application of powder activated carbon. | |
| GAC = Granular activated carbon adsorption (not part of filters in CON, 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 Date | The date the sample is collected, reported as 4-digit year, 2-digit month, and 2-digit day (YYYYMMDD). |
| 13. Sample Identification Code | An alphanumeric value up to 30 characters assigned by the laboratory to uniquely identify containers, or groups of containers, containing water samples collected at the same sampling location for the same sampling date. |
| 14. Contaminant | The unregulated contaminant for which the sample is being analyzed. |
| 15. Analytical Method Code | The identification code of the analytical method used. |
| 16. Extraction Batch Identification Code | Laboratory assigned extraction batch ID. Must be unique for each extraction batch within the laboratory for each method. For CCC samples report the Analysis Batch Identification Code as the value for this field. For methods without an extraction batch, leave this field null. |
| 17. Extraction Date | Date for the start of the extraction batch (YYYYMMDD). For methods without an extraction batch, leave this field null. |
| 18. Analysis Batch Identification Code | Laboratory assigned analysis batch ID. Must be unique for each analysis batch within the laboratory for each method. |
| 19. Analysis Date | Date for the start of the analysis batch (YYYYMMDD). |
| 20. Sample Analysis Type | The 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—Sign | A value indicating whether the sample analysis result was: (<) “less than” means the contaminant was not detected, or was detected at a level below the Minimum Reporting Level. (=) “equal to” means the contaminant was detected at the level reported in “Analytical Result— Measured Value.” |
| 22. Analytical Result—Measured Value | The actual numeric value of the analytical results for: Field samples; laboratory fortified matrix samples; laboratory fortified sample matrix duplicates; and concentration fortified. |
| 23. Additional Value | Represents 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 Code | The code, assigned by EPA, used to identify each laboratory. The code begins with the standard two-character State postal abbreviation; the remaining five numbers are unique to each laboratory in the State. |
| 25. Sample Event Code | A code assigned by the PWS for each sample event. This will associate samples with the PWS monitoring plan to allow EPA to track compliance and completeness. Systems must assign the following codes: |
| SE1, 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 Treatment | A 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 Sources | A 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):
| 1—Contaminant | 2—CASRN | 3—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) | 763051-92-9 | EPA 533 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| 1H, 1H, 2H, 2H-perfluorodecane sulfonic acid (8:2 FTS) | 39108-34-4 | EPA 533 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| 1H, 1H, 2H, 2H-perfluorohexane sulfonic acid (4:2 FTS) | 757124-72-4 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| 1H, 1H, 2H, 2H-perfluorooctane sulfonic acid (6:2 FTS) | 27619-97-2 | EPA 533 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| 4,8-dioxa-3H-perfluorononanoic acid (ADONA) | 919005-14-4 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| 9-chlorohexadecafluoro-3-oxanone-1-sulfonic acid (9Cl-PF3ONS) | 756426-58-1 | EPA 533 | 0.002 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| hexafluoropropylene oxide dimer acid (HFPO-DA) (GenX) | 13252-13-6 | EPA 533 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| nonafluoro‐3,6‐dioxaheptanoic acid (NFDHA) | 151772-58-6 | EPA 533 | 0.02 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoro (2‐ethoxyethane) sulfonic acid (PFEESA) | 113507-82-7 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoro‐3‐methoxypropanoic acid (PFMPA) | 377-73-1 | EPA 533 | 0.004 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoro‐4‐methoxybutanoic acid (PFMBA) | 863090-89-5 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorobutanesulfonic acid (PFBS) | 375-73-5 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorobutanoic acid (PFBA) | 375-22-4 | EPA 533 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorodecanoic acid (PFDA) | 335-76-2 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorododecanoic acid (PFDoA) | 307-55-1 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoroheptanesulfonic acid (PFHpS) | 375-92-8 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoroheptanoic acid (PFHpA) | 375-85-9 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorohexanesulfonic acid (PFHxS) | 355-46-4 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorohexanoic acid (PFHxA) | 307-24-4 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorononanoic acid (PFNA) | 375-95-1 | EPA 533 | 0.004 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorooctanesulfonic acid (PFOS) | 1763-23-1 | EPA 533 | 0.004 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorooctanoic acid (PFOA) | 335-67-1 | EPA 533 | 0.004 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoropentanesulfonic acid (PFPeS) | 2706-91-4 | EPA 533 | 0.004 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoropentanoic acid (PFPeA) | 2706-90-3 | EPA 533 | 0.003 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluoroundecanoic acid (PFUnA) | 2058-94-8 | EPA 533 | 0.002 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| n-ethyl perfluorooctanesulfonamidoacetic acid (NEtFOSAA) | 2991-50-6 | EPA 537.1 | 0.005 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| n-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA) | 2355-31-9 | EPA 537.1 | 0.006 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorotetradecanoic acid (PFTA) | 376-06-7 | EPA 537.1 | 0.008 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| perfluorotridecanoic acid (PFTrDA) | 72629-94-8 | EPA 537.1 | 0.007 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| Metal/Pharmaceutical | |||||
| Lithium | 7439-93-2 | EPA 200.7, SM 3120 B, ASTM D1976-20 | 9 µg/L | EPTDS | 1/1/2023-12/31/2025 |
| List 2: Screening Survey | |||||
| Reserved | Reserved | Reserved | Reserved | Reserved | Reserved |
| List 3: Pre-Screen Testing | |||||
| Reserved | Reserved | Reserved | Reserved | Reserved | Reserved |
(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.
| Contaminant type | Water source type | Timeframe | Frequency 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 Contaminants | Surface water, Mixed, or GWUDI | 12 months | You must monitor for four consecutive quarters. Sample events must occur three months apart. (Example: If first monitoring is in January, the second monitoring must occur any time in April, the third any time in July, and the fourth any time in October). |
| Ground water | 12 months | You must monitor twice in a consecutive 12-month period. Sample events must occur 5-7 months apart. (Example: If the first monitoring event is in April, the second monitoring event must occur any time in September, October, or November.) | |
(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]
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And finally, EPA added new Management Method Codes to describe how hazardous waste will be managed after temporary storage and transfer. As of January 1st, hazardous waste handlers must use the codes on the Biennial Report Waste Generation and Management forms.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
NewsProcess Safety ManagementEnforcement and Audits - OSHAToxic Substances Control Act - EPAWasteErgonomicsMonthly Roundup VideoUSAWaste/HazWasteEnglishErgonomicsIndustry NewsEnforcement and Audits - OSHASafety & HealthToxic Substances - EPAGeneral Industry SafetyWasteEnvironmentalHazardous Materials Safety - OSHAFocus AreaVideo
EHS Monthly Round-Up - August 2024
In this August 2024 roundup, 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. Please view the content links in the transcript for more information about the topics I’ll be covering today. Let’s get started!
Two State Plan agencies allegedly provided advance notice of workplace inspections to employers, a practice that’s prohibited under the Occupational Safety and Health Act. Now, lawmakers have requested that the Department of Labor’s acting secretary address the allegations and explain what challenges OSHA faces when monitoring and enforcing State Plan compliance.
A recent study shows jobs in agriculture, forestry, fishing, and hunting are among California’s most dangerous, accounting for the highest number of fatalities among full-time workers. Transportation and utilities jobs ranked second and construction was third.
Remote isolation of process equipment can quickly stop the release of hazardous materials, which can help prevent fatalities and injuries, limit facility damage, and better protect communities and the environment. A U.S. Chemical Safety Board study explores their use and makes recommendations for their utilization in chemical facilities.
A National Safety Council report explores the role of diversity, equity, and inclusion on work-related musculoskeletal disorders, or MSDs. MSDs are the most common workplace injury and often lead to worker disability, early retirement, and employment limitations.
And finally, turning to environmental news, EPA published a final rule that revises its hazardous waste export manifest regulations. All hazardous waste shipments and manifest-related reports will be managed electronically through the agency’s e-Manifest program.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
NewsIndustry NewsEnvironmental Management SystemsWaste/HazWasteCAA ComplianceSustainabilityIn-Depth ArticleCWA ComplianceEnvironmentalEnglishSustainabilityESG (Environmental, Social, and Governance)Focus AreaUSA
2026-06-26T05:00:00Z
Multi-media inspections are back: How to prepare for comprehensive EPA and state audits
Regulators have returned to routine, in-person inspections, and many are no longer limited to a single program. EPA and state agencies are again conducting multi-media inspections that review air, water, and hazardous waste compliance in one visit. For facilities, this shift raises the stakes. An issue in one program can quickly lead inspectors into others, especially when records or operations do not align.
Most inspectors now arrive with background data already reviewed. Electronic submissions, air reports, discharge monitoring reports, and hazardous waste filings are compared against what they see on site. When numbers, dates, or practices do not match, the scope of the inspection often expands.
What inspectors are really evaluating
While documents are important, inspectors focus on whether procedures match actual operations. They will often start with a walk-through of the facility, tracing how materials move through production and become emissions, discharges, or wastes.
For example:
- Air compliance may be checked by reviewing fuel use, hours of operation, or control device logs.
- Stormwater compliance often involves visual checks for exposed materials and condition of controls.
- Hazardous waste inspections typically focus on labeling, container condition, and accumulation practices.
The common thread is consistency. If a plan says one thing but operators do another, it is likely to result in a finding.
Common gaps seen during multi-media inspections
Across industries, several issues appear repeatedly:
- Records that do not match across programs (e.g., waste logs vs. manifests)
- Missing or incomplete inspection logs for air or stormwater systems
- Assumptions about exemptions without supporting documentation
- Satellite accumulation areas managed informally outside environmental oversight
- Housekeeping issues that create unintended stormwater exposure
Many of these are not complex violations. They are breakdowns in communication, training, or follow-through.
A practical way to prepare
Facilities can improve readiness by conducting an internal, cross-media review that mirrors an actual inspection. This is more effective than reviewing each program in isolation.
Start with a process-based walk-through:
- Identify where raw materials enter the facility
- Follow how they are used, stored, and handled
- Note where wastes, emissions, or discharges are generated
- Confirm how each is managed and documented
At each step, ask two questions:
- Is this activity reflected accurately in our records and plans?
- Would an operator explain it the same way it is written?
This approach often reveals gaps that are not obvious during a desk review.
A recent case: How one issue expands the scope
At a mid-sized manufacturing facility, inspectors began with a routine hazardous waste review. They noticed that waste logs showed periodic disposal of solvent residues, but there were no related air records for emissions tied to cleaning operations.
This led inspectors to review the facility’s air permit assumptions. They found that solvent use had increased over time, but the facility had not updated its potential-to-emit calculations. What started as a simple waste review expanded into an air applicability concern.
The facility ultimately faced findings in both programs, not because of a single major violation, but because information did not align across systems.
Strengthening compliance across programs
Preparation does not require building new systems. It requires making sure existing ones are aligned and consistently followed.
Focus on:
- Clear ownership of compliance tasks across departments
- Regular cross-checks between records (air, water, waste)
- Training staff on how their daily tasks affect compliance
- Maintaining documentation that supports assumptions, exemptions, and limits
Facilities that treat compliance as a connected system, not separate programs, are better positioned during inspections.
Key to remember: A multi-media inspection looks for consistency across air, water, and waste programs, not just isolated compliance. If your records and operations tell the same story, you are far less likely to face expanded scrutiny.
Most Recent Highlights In Transportation
NewsHazardous WasteIndustry NewsWaste GeneratorsEnglishWasteEnvironmentalIn-Depth ArticleWaste/HazWasteFocus AreaUSA
2026-06-25T05:00:00Z
Hazardous waste episodic events: What to do when a bad month happens
Every generator has that month. A tank clean-out gets scheduled; a forklift punctures a tote, and suddenly you've generated way more hazardous waste than you normally would. If you're a Very Small Quantity Generator (VSQG) or Small Quantity Generator (SQG), that one bad month could technically bump you into Large Quantity Generator (LQG) status, potentially subjecting the facility to LQG requirements such as contingency planning, personnel training, and biennial reporting.
The good news is that EPA built in an escape hatch. The 2016 Generator Improvements Rule added 40 CFR Part 262, Subpart L (the "episodic event" provision), which lets you keep your normal generator category for that month, if you follow the rules in 40 CFR 262.232 exactly.
Scenario 1: The planned tank clean-out
Picture a metal finishing shop that's normally an SQG, generating about 400 kg/month of spent plating solution. They finally get around to cleaning out an old process tank that's been sitting idle for three years. That clean-out produces about 1,800 kg of sludge in one shot and enough to push them into LQG numbers for the month.
Since this is something the facility planned and scheduled for, it's a planned episodic event. Here's what the employer would need to do:
- Notify EPA (or the delegated state agency) at least 30 calendar days before the clean-out starts, using EPA Form 8700-12. Include the start/end dates, why the event is happening, estimated waste types and quantities, and a 24-hour emergency contact.
- Double-check the facility's EPA ID number to make sure it is current.
- Stage the waste properly with compliant containers or tanks and labeled with the episodic event start date.
- Get it manifested and shipped off-site within 60 calendar days of the start date.
- Hang onto every record including the notification, manifests for 3 years after the event ends.
Scenario 2: The unplanned spill
Next, picture a packaging plant. They are a VSQG generating around 80 kg/month. They have a forklift punch a hole in a 275-gallon tote of listed solvent and by the time cleanup is done, they're looking at about 900 kg of contaminated absorbent and solvent residue. Nobody planned this. It's not part of normal operations. That makes it an unplanned episodic event. Here is what they should do:
- They have 72 hours to notify EPA or the state by phone, email, or fax. There will be no time to fill out paperwork first.
- Follow that up by submitting EPA Form 8700-12 after the fact, documenting what happened since you couldn't give advance notice.
- Keep the spill cleanup waste separate from your routine waste streams and label it with the episodic start date.
- The same 60-day shipping window and 3-year recordkeeping requirement apply here too.
The things you can't skip
Whether the event is planned or unplanned, there are a handful of conditions that apply across the board and missing any one of them could cost you the episodic event relief entirely.
- One event per year, period. Both VSQGs and SQGs get exactly one episodic event a year unless they petition the Regional Administrator under 40 CFR 262.233 for a second. That second one must be the opposite type, so if your first was planned, the next must be unplanned.
- The clock doesn't wait. Exactly 30 days out for planned and 72 hours for unplanned are required. Miss either window or you lose the relief entirely, meaning full LQG status kicks in for that period.
- The 60-day shipping clock starts on day one of the event, not when you send the notification, so make sure to track it immediately.
- Manifest the waste properly. Episodic waste can ship under the standard Subpart B manifest rules, even in the same load as your regular waste.
- Write everything down. Three years of solid records such as dates, causes of event, quantities, and where it went is what separates a clean inspection from an enforcement headache.
Keys to remember: The episodic event provision rewards generators who plan, classify the event correctly, notify on time, ship within 60 days, and document everything for three years.
NewsGreenhouse GasesAir QualityAir EmissionsChange NoticesChange NoticeVirginiaCAA ComplianceEnvironmentalFocus AreaEnglishAir ProgramsAir Programs
2026-06-24T05:00:00Z
Virginia reinstates power plant CO2 budget program
Effective date: April 24, 2026
This applies to: Power plant owners
Description of change: The Virginia Department of Environmental Quality reinstated the Virginia CO2 Budget Trading Program Regulation, which implements the Regional Greenhouse Gas Initiative (RGGI). Participation in the RGGI was stopped in 2023, but the state will resume participation on July 1, 2026, the same date on which the compliance requirements take effect.
The regulation requires fossil fuel-fired units that serve an electricity generator with a capacity of 25 megawatts or more to obtain enough allowances to cover CO2 emissions, which they can purchase in the September and December RGGI auctions.
The department also adopted amendments to the regulations, including establishing a one-time 6-month control period from July 1, 2026, to December 31, 2026.
Related state info: Clean air operating permits state comparison
NewsMunicipal WastewaterChange NoticesChange NoticeWater ProgramsEnvironmentalCWA ComplianceEnglishFocus AreaNorth Carolina
2026-06-24T05:00:00Z
North Carolina approved revisions to wastewater discharge rules
Effective date: May 1, 2026
This applies to: Facilities with domestic wastewater discharges up to 2 million gallons per day
Description of change: The North Carolina Department of Environmental Quality (DEQ) adopted a rule that adds a permitting option to the National Pollutant Discharge Elimination System (NPDES) program for facilities with domestic wastewater discharges of up to 2 million gallons per day.
DEQ removed the ban on new or expanded discharges of oxygen-consuming waste when the 7Q10 and 30Q2 flows are both 0 for these facilities. In other words, it allows systems to discharge domestic wastewater to zero-flow receiving streams, provided the system:
- Meets qualifying criteria,
- Complies with specific effluent limits, and
- Uses low-energy methods before discharging wastewater to the receiving stream.
It’ll likely benefit areas where the cost of piping to a higher-flowing stream farther away is prohibitive.
NewsGroundwaterSafe Drinking WaterWater ProgramsWater QualityWater ProgramsCWA ComplianceEnglishMunicipal WastewaterWater PermittingChange NoticesChange NoticeWater ReportingIndustrial WastewaterEnvironmentalNew HampshireFocus Area
2026-06-24T05:00:00Z
New Hampshire updates sludge management rules
Effective date: May 15, 2026
This applies to: Owners and operators of drinking water and wastewater treatment plants that generate sludge; land application sites; and facilities that treat, manage, or dispose of sludge
Description of change: The New Hampshire Department of Environmental Services amended sludge management rules. Major changes include:
- Reinstating 5-year site and facility permit renewals (instead of 10 years),
- Adding annual reporting requirements for sludge haulers (which already apply to septage haulers), and
- Requiring all applications to be submitted electronically.
The rule also codifies per- and polyfluoroalkyl substances (PFAS) sampling (implemented in 2019 for the sludge quality certificate program).
NewsGroundwaterToxic/Hazardous Substance ReleasesCERCLA, SARA, EPCRASafe Drinking WaterChange NoticesChange NoticeWater ProgramsNew JerseyEnvironmentalCWA ComplianceEnglishFocus Area
2026-06-24T05:00:00Z
New Jersey adopts permanent remediation standards for PFAS
Effective date: June 15, 2026
This applies to: Contaminated sites subject to the remediation regulations for contaminated groundwater, soil, and soil leachate
Description of change: The New Jersey Department of Environmental Protection (NJDEP) formally adopted its interim remediation standards for specific per- and polyfluoroalkyl substances (PFAS), including:
- Groundwater quality standards for hexafluoropropylene oxide dimer acid and its ammonium salt (GenX chemicals); and
- Soil and soil leachate remediation standards for:
- Perfluorononanoic acid (PFNA);
- Perfluorooctane sulfonate (PFOS);
- Perfluorooctanoic acid (PFOA);
- GenX chemicals; and
- Methanol.
The interim standards have been in place since 2022 and 2023, requiring regulated entities to conduct remediation to ensure these PFAS are cleaned up.
Additionally, the NJDEP amended the technical requirements to mandate analyses of the following chemicals in all media when contaminants are unknown or not well documented at a contaminated site:
- PFNA,
- PFOS,
- PFOA,
- GenX chemicals, and
- 2,3,7,8-tetrachlorodibenzo-p-dioxin.
Most Recent Highlights In Safety & Health
NewsHazardous WasteWaste HandlersChange NoticesChange NoticeWasteWaste/HazWasteWaste ManagementEnvironmentalNevadaEnglishFocus Area
2026-06-24T05:00:00Z
Nevada adds requirements for hazardous waste recyclers
Effective date: June 8, 2026
This applies to: Hazardous waste recyclers
Description of change: The State Environmental Commission adopted regulations to add requirements for entities that recycle certain hazardous waste, including compliance with:
- Certain federal requirements;
- Local zoning requirements, if applicable;
- Specific reporting and notification requirements; and
- Other particular regulations of the commission.
The rules also:
- Exempt owners and operators of certain facilities that recycle certain hazardous materials without storing those materials before they’re recycled from the above requirements, and
- Add fees for written determinations (required to construct or operate a facility or mobile unit for hazardous waste recycling) and for the facilities that recycle certain hazardous materials without storing those materials before they’re recycled.
NewsToxic Substances Control Act - EPAChange NoticesChange NoticeTSCA ComplianceToxic Substances - EPACaliforniaEnvironmentalEnglishFocus Area
2026-06-24T05:00:00Z
California adds TPhP nail products to Priority Products list
Effective date: October 1, 2026
This applies to: Nail products containing triphenyl phosphate (TPhP) at concentrations greater than 250 parts per million (ppm)
Description of change: The California Department of Toxic Substances Control added nail products with concentrations of 250 ppm or more of TPhP to the Priority Product list, making the substance subject to the Safer Consumer Products (SCP) Regulations.
By November 30, 2026, manufacturers must submit a Priority Product Notification. By March 30, 2027, manufacturers must submit:
- A Chemical Removal Intent/Confirmation Notification,
- A Product Removal Intent/Confirmation Notification,
- A Product-Chemical Replacement Intent/Confirmation Notification, or
- A Preliminary Alternatives Analysis Report or alternate reporting options.
NewsIndianaSafe Drinking WaterChange NoticesChange NoticeWater ProgramsEnvironmentalCWA ComplianceEnglishUnderground Injection ControlFocus Area
2026-06-24T05:00:00Z
Indiana adds permanent underground carbon dioxide storage rules
Effective date: June 10, 2026
This applies to: Entities that seek to participate in carbon sequestration projects
Description of change: The Natural Resources Commission adopted rules for permanent underground carbon dioxide storage, establishing:
- The rules for entities seeking to petition the Indiana Department of Natural Resources to issue involuntary integration orders for pore spaces, and
- The rules for storage operators seeking to apply for certificates of project completion.
These regulations add options for entities; the requirements apply only if the options are utilized.
The rules impact entities seeking to participate in carbon sequestration projects. The regulations also affect pore space owners and surface owners.
NewsTier II Inventory ReportingIndustry NewsIndustry NewsCERCLA, SARA, EPCRAEnvironmental Protection Agency (EPA)Safety Data Sheet ReportingEnvironmentalEnglishSARA ComplianceFocus AreaUSA
2026-06-24T05:00:00Z
EPA aligns EPCRA rules with OSHA’s HazCom amendments
The Environmental Protection Agency (EPA) published a final rule on June 22, 2026, conforming the hazardous chemical inventory reporting regulations under the Emergency Planning and Community Right-to-Know Act (EPCRA) to the Occupational Safety and Health Administration’s (OSHA’s) Hazardous Communication (HazCom) standard amendments of 2012 and 2024.
Who’s covered?
The final rule applies to facilities regulated under EPCRA Sections 311 and 312. These facilities are:
- Required by OSHA’s HazCom standard to maintain Safety Data Sheets (SDSs) for hazardous chemicals on-site at or above the reporting threshold, and
- Required by EPA’s EPCRA Section 312 rules (40 CFR Part 370) to submit annual hazardous chemical inventory reports (commonly known as Tier II reports) for the same chemicals by March 1.
Covered facilities submit SDSs and annual inventory reports to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department.
How does this impact facilities?
EPA’s final rule replaces the previous EPCRA hazard categories with OSHA’s GHS-aligned hazard classes and hazard categories (totaling 118), which are already used in SDSs. Facilities must use OSHA’s hazard classes with their categories for SDS submissions and hazardous chemical inventory reports required under EPCRA Sections 311 and 312.
Note: SDSs for substances already contain the updated hazard classes and hazard categories. SDSs for mixtures must incorporate them by November 2027.
What’s the compliance timeline?
Covered facilities must use the new hazard categories by January 1, 2028. EPA expects facilities to incorporate them into the reporting year 2027 Tier II report (due March 1, 2028).
Key to remember: EPA has aligned regulations under EPCRA Sections 311 and 312 with OSHA’s HazCom amendments for hazardous chemical reporting requirements.
NewsProcess Safety ManagementRisk Management ProgramRisk Management ProgramCAA ComplianceIn-Depth ArticleEnglishSafety Data SheetsIndustry NewsSafety & HealthGeneral Industry SafetyGeneral Duty ClauseEnvironmentalFocus AreaHazardous Materials Safety - OSHAHazard CommunicationGeneral Duty ClauseAir ProgramsUSA
2026-06-23T05:00:00Z
CSB mounts pressure on OSHA, EPA over deadly process safety gap
Sugar may seem pretty harmless. However, a deadly explosion at a Kentucky caramel coloring facility reveals how this assumption can lead to disaster. The Chemical Safety and Hazard Investigation Board (CSB) is again urging OSHA and EPA to address a gap in their chemical safety regulations.
The board is calling for them to tackle “reactive hazards.” These are the hazards CSB says triggered the tragedy. The familiar message has been repeated since 2002, but the alarm bells grow louder and more urgent now. These warnings are not just for OSHA and EPA. They are also for chemical plants and food ingredient manufacturers. Despite not being covered in the process safety and risk management standards, reactive hazards can and have led to catastrophe.
Runaway reaction
CSB determined that the explosion happened when a 2,500-gallon reactor experienced a runaway decomposition reaction. The reaction involved an “invert sugar” ingredient used to make caramel coloring. It rapidly increased the temperature and pressure. Then it overwhelmed the reactor’s emergency pressure relief system.
The reactor ruptured violently. Two workers died when the blast damaged a control room 40 feet from the reactor. Debris from the incident traveled as far as 400 feet beyond the facility fence line. It also caused approximately $40 million in damage.
CSB found that the reactor’s emergency pressure relief system would have needed to be about four times larger. This would have allowed it to safely relieve pressure generated during the runaway reaction.
Failure to recognize the hazard
CSB’s investigation found that the company did not understand the severe reactive hazards associated with the sugar ingredient. According to the board, this failure contributed to an undersized pressure relief system. It also created confusion on the day of the incident about the increasing pressure.
The report further states that the company’s lack of knowledge stemmed from:
- An incomplete investigation of the ingredients’ reaction potential,
- A lack of industry guidance on the safe manufacture of caramel coloring, and
- No warning on the safety data sheet (SDS) of reaction hazards.
SDS lacked critical information
The board found that the SDS provided by the sugar manufacturer did not warn of its reactivity hazards. CSB concluded that safety information communicated in sugar ingredient SDSs can vary significantly among suppliers. The board noted that improved hazard information in SDSs can help prevent future sugar decomposition incidents. CSB is urging industry groups and suppliers who manufacture invert sugar or corn syrup to update their SDSs for decomposition hazards.
Known regulatory gap
The report emphasizes a gap in:
- OSHA 29 CFR 1910.119, Process Safety Management of Highly Hazardous Chemicals (PSM); and
- EPA 40 CFR 68, Chemical Accident Prevention Provisions, also known as the Risk Management Program (RMP).
That gap is a lack of coverage of facilities processing chemicals with reactive hazards that could have catastrophic consequences.
The Kentucky caramel coloring plant was not subject to PSM and RMP. Had the facility been required to implement either regulation, the reactor designers would have had a better opportunity to be aware of the sugar ingredients’ decomposition hazards, says CSB. The board argues that this may have resulted in a safer design of the emergency pressure relief system.
Repeated recommendations
Since 2002, CSB has reiterated its recommendations for OSHA and EPA to fill the regulatory gap. Neither agency has implemented those recommendations.
Over that same period, the board investigated 15 additional incidents involving reactive chemicals not covered by PSM and RMP. Those incidents resulted in 31 fatalities and hundreds of injuries.
CSB is not deterred
CSB again recommends that OSHA and EPA broaden the coverage of PSM and RMP, respectively, to achieve more comprehensive control of reactive hazards.
Both OSHA and EPA currently use chemical lists to identify the processes subject to coverage. However, CSB claims the two agencies did not adequately consider reactive chemical hazards when developing those chemical lists. As a result, many reactive chemicals are currently not covered.
Word for employers and safety professionals
The latest report highlights the need for:
- Facilities to review not just the SDS for their chemicals but also additional sources of information about their reactive hazards.
- Chemical plants and food manufacturers to address reactive hazards regardless of coverage under 1910.119 and Part 68. At a minimum, these facilities may already be required to meet OSHA’s General Duty Clause and EPA’s Clean Air Act General Duty Clause.
Key to remember
The latest CSB report taps OSHA and EPA to address reactivity hazards. It is also a wake-up call for facilities to understand their reactive chemical hazards. What’s more, the report calls on chemical and food ingredient manufacturers to revisit their SDSs regarding reactive hazards.
Most Recent Highlights In Human Resources
NewsIndustry NewsWaste IdentificationEnglishWasteWaste ManagementEnvironmentalIn-Depth ArticleWaste/HazWasteFocus AreaUSA
2026-06-18T05:00:00Z
Hazardous waste determinations in practice: Lessons from aerosols, residues, and empty containers
Hazardous waste determinations remain one of the most common sources of noncompliance under RCRA. The requirement is simple on paper. Generators must determine whether a material is a hazardous waste at the point of generation. In practice, facilities often struggle with how the rules apply to everyday situations. Aerosol cans, process residues, and empty containers are frequent gray areas that lead to inconsistent decisions, inspection findings, and, in some cases, enforcement.
At the core, the regulatory expectation is clear: Generators must evaluate each waste to determine if it's listed or exhibits a characteristic of hazardous waste (40 CFR 262.11). That evaluation must be made when the waste is first generated and must be documented. The challenge isn't the rule itself but how it applies to materials that fall between operational categories — products, wastes, and residuals.
Aerosols: When a common waste becomes a compliance risk
Aerosol cans are widely used across industries for maintenance, coatings, and cleaning. Facilities often assume that once a can is “empty” or depressurized, it's no longer subject to hazardous waste rules. That assumption can be risky.
If an aerosol can contains a listed solvent or exhibits ignitability (D001), it's a hazardous waste unless managed under an exclusion or alternative standard. Since 2019, many aerosol cans can be managed as universal waste (40 CFR Part 273), which simplifies handling. However, this option introduces its own requirements, including labeling, accumulation time limits, and proper puncturing practices.
A common issue arises at puncturing stations. For example, a maintenance shop installs a puncturing device and begins draining leftover propellant and product into a drum. The cans themselves may now meet the empty container standard, but the collected liquid often remains hazardous waste. In several inspections, regulators have cited facilities not for the cans, but for failing to characterize the accumulated liquid or for allowing it to evaporate without proper controls.
The lesson is straightforward: Shifting management methods (e.g., puncturing or using universal waste standards) doesn't eliminate the obligation to evaluate all resulting waste streams.
Residues: Small quantities, big implications
Residues are another frequent source of confusion. These can include paint booth sludge, tank bottoms, and material left in process equipment. Facilities sometimes view these materials as insignificant or assume they take on the classification of the original product. In reality, residues must be evaluated as newly generated wastes.
For example, a facility cleaning a parts washer may generate a sludge that contains spent solvent. Even if the waste solvent was originally a listed waste (e.g., F003 or F005), the generator must determine whether the residue is itself a listed waste or exhibits a characteristic. Missteps often occur when facilities rely on outdated Safety Data Sheets (SDSs) or assume that dilution or drying changes the classification.
Another scenario involves “letting residues dry out” in containers before disposal. While intended to reduce volume, this practice can be interpreted as treatment if it's done to change the waste’s characteristics (40 CFR 260.10 definition of treatment). For generators without a permit, this creates additional compliance risk.
The key takeaway is that residues aren't an afterthought. They are distinct waste streams that require their own evaluation and, in some cases, can trigger more stringent requirements than expected.
Empty containers: A rule often misapplied
The empty container rule (40 CFR 261.7) is widely cited but frequently misunderstood. A container that held hazardous waste is considered empty if all wastes have been removed using common practices (e.g., pouring, pumping), and no more than 1 inch of residue remains (or 3 percent by weight for smaller containers).
In practice, facilities often overapply this rule. For example, a drum that held a listed solvent may be declared empty even though significant sludge remains at the bottom. Inspectors routinely check this by tipping containers or visually assessing residue. If the container doesn't meet the standard, it's still subject to full hazardous waste requirements.
Another common issue involves containers that held acute hazardous waste (P-listed). These have stricter emptying standards, including triple rinsing. Facilities that overlook this distinction can inadvertently manage regulated containers as non-hazardous scrap.
Importantly, even when a container meets the empty standard, any removed residue must still be evaluated as a waste. The container may be exempt, but the material removed from it isn't.
Bringing it together in practice
Across these examples, a consistent pattern emerges: compliance issues arise when facilities rely on assumptions rather than applying the regulatory framework to each specific situation. Aerosols, residues, and empty containers all sit at the boundary between product use and waste management. That boundary is where most determination errors occur.
Facilities can reduce risk by standardizing evaluation procedures, training staff on common gray areas, and documenting determinations clearly. In inspections, regulators often focus less on the conclusion and more on whether the generator followed a defensible process under 40 CFR 262.11.
Key to remember: Every waste stream, no matter how small or routine, requires a fresh, documented determination at the point of generation. Management shortcuts don't replace regulatory obligations.
NewsHazardous WasteWaste GeneratorsWaste ManifestsWaste/HazWasteWasteEnvironmental Protection Agency (EPA)In-Depth ArticleEnglishIndustry NewsWaste ReportingWasteTSD FacilitiesWaste ManagementEnvironmentalFocus AreaUSA
2026-06-15T05:00:00Z
Hazardous waste manifest S Codes: What storage and transfer facilities need to know
Have you cracked the “S Code” yet? Starting in 2027, facilities that receive regulated waste for temporary storage and disposal must use S Codes on hazardous waste manifests. If your facility hasn’t made the switch, now’s the time!
Under the Resource Conservation and Recovery Act (RCRA), the Environmental Protection Agency (EPA) requires hazardous waste handlers to track shipments of regulated waste from the generating facility to final treatment, recycling, or disposal. Management Method Codes are key to hazardous waste manifests, and they also affect biennial reporting. The codes answer the vital question, “How’s the hazardous waste managed?"
Effective January 1, 2027, “S Codes” will officially replace Management MethodH141 for Storage and Transfer. EPA adopted these codes to improve the accuracy and transparency of waste tracking, specifically for wastes that travel through transfer facilities before final management. Use this overview to help your facility understand how to comply.
What are S Codes?
In January 2025, EPA added S Codes to the list of Management Method Codes, which identify the type of waste management system used to treat, recover, or dispose of a hazardous waste. Management Method Codes are used for:
- The Uniform Hazardous Waste Manifest (EPA Form 8700-22) and Continuation Sheet (EPA Form 8700-22A); and
- The National Biennial RCRA Hazardous Waste Report (EPA Form 8700-13 A/B), known as the Biennial Report.
S Codes apply to receiving facilities (primarily treatment, storage, and disposal facilities (TSDFs)) that temporarily store and then transfer regulated hazardous waste to another receiving facility without treating, recovering, or disposing of the waste. EPA established S Codes to provide more details than code H141 on waste handling activities, improving tracking and transparency. S Codes indicate two things:
- A hazardous waste was received to be stored or transferred; and
- The hazardous waste will be managed later by the final receiving facility using a certain method (i.e., the final management method).
EPA groups S Codes into three categories:
- Transfer off-site for reclamation and recovery,
- Transfer off-site for destruction or treatment prior to disposal, and
- Transfer off-site for disposal.
Each S Code corresponds to a specific final management method. Examples include metals recovery (S010), chemical treatment (S070), and landfilling (S132).
What’s required?
On January 1, 2027, EPA will remove Management Method Code H141 for Storage and Transfer from the e-Manifest and the Biennial Report forms. As a result, hazardous waste handlers must use S Codes instead of code H141 on manifests and the Biennial Report.
S Codes apply to RCRA hazardous waste that’s transferred off-site, impacting:
- Receiving facilities that store and transfer hazardous waste;
- Permitted TSDFs that receive hazardous waste solely for temporary storage and transfer (i.e., it’s the facility’s only management type); and
- Large quantity generators (LQGs) that report wastes shipped to transfer facilities on the Biennial Report.
Hazardous waste manifests
The first receiving TSDF is responsible for choosing and entering the S Codes on manifests. The storage and transfer facility must:
- Identify the S code that best describes how the hazardous waste will be managed by the final receiving facility, and
- Enter the S Code in Item 19 on the manifest and in Item 36 on the continuation sheet (if used).
Generators aren’t responsible for selecting or entering S Codes.
Biennial Reports
LQGs and TSDFs must use S Codes for the Biennial Report on the:
- Waste Generation and Management (GM) Form in Item 3, and
- Waste Received From Off-site (WR) Form in Item F.
LQGs use S Codes on the GM Form for shipments of hazardous waste off-site to a transfer facility for temporary storage and transfer.
TSDFs that receive hazardous waste for temporary storage and transfer off-site use S Codes on the WR Form. These TSDFs must also use Source Code G61 on the GM Form to report shipments of these transferred wastes.
How can facilities prepare?
Help your facility achieve a smooth shift to S Codes by January 1, 2027, with these tips:
- Identify where your facility currently uses code H141.
- Develop a process for transitioning to S Codes exclusively. Consider any changes your facility may need to make to its operations, such as updating software, adjusting procedures, and revising internal guidance documents.
- Train your employees accordingly.
- Set a deadline for making the switch to S Codes. Aim for a date well ahead of January 1, 2027, to give your facility enough time to address any issues that arise.
Key to remember: Starting in 2027, storage and transfer facilities must use S Codes in place of Management Method Code H141 on RCRA hazardous waste manifests and Biennial Reports.
NewsHazardous WasteWaste GeneratorsWaste ManifestsWaste/HazWasteWasteEnvironmental Protection Agency (EPA)In-Depth ArticleEnglishIndustry NewsWaste ReportingWasteTSD FacilitiesWaste ManagementEnvironmentalFocus AreaUSA
2026-06-15T05:00:00Z
Hazardous waste manifest S Codes: What storage and transfer facilities need to know
Have you cracked the “S Code” yet? Starting in 2027, facilities that receive regulated waste for temporary storage and disposal must use S Codes on hazardous waste manifests. If your facility hasn’t made the switch, now’s the time!
Under the Resource Conservation and Recovery Act (RCRA), the Environmental Protection Agency (EPA) requires hazardous waste handlers to track shipments of regulated waste from the generating facility to final treatment, recycling, or disposal. Management Method Codes are key to hazardous waste manifests, and they also affect biennial reporting. The codes answer the vital question, “How’s the hazardous waste managed?"
Effective January 1, 2027, “S Codes” will officially replace code H141 for Storage and Transfer. EPA adopted these codes to improve the accuracy and transparency of waste tracking, specifically for wastes that travel through transfer facilities before final management. Use this overview to help your facility understand how to comply.
What are S Codes?
In January 2025, EPA added S Codes to the list of Management Method Codes, which identify the type of waste management system used to treat, recover, or dispose of a hazardous waste. Management Method Codes are used for:
- The Uniform Hazardous Waste Manifest (EPA Form 8700-22) and Continuation Sheet (EPA Form 8700-22A); and
- The National Biennial RCRA Hazardous Waste Report (EPA Form 8700-13 A/B), known as the Biennial Report.
S Codes apply to receiving facilities (primarily treatment, storage, and disposal facilities (TSDFs)) that temporarily store and then transfer regulated hazardous waste to another receiving facility without treating, recovering, or disposing of the waste. EPA established S Codes to provide more details than code H141 on waste handling activities, improving tracking and transparency. S Codes indicate two things:
- A hazardous waste was received to be stored or transferred; and
- The hazardous waste will be managed later by the final receiving facility using a certain method (i.e., the final management method).
EPA groups S Codes into three categories:
- Transfer off-site for reclamation and recovery,
- Transfer off-site for destruction or treatment prior to disposal, and
- Transfer off-site for disposal.
Each S Code corresponds to a specific final management method. Examples of these methods include metals recovery (S010), chemical treatment (S070), and landfilling (S132).
What’s required?
On January 1, 2027, EPA will remove Management Method Code H141 for Storage and Transfer from the e-Manifest and the Biennial Report forms. As a result, hazardous waste handlers must use S Codes instead of code H141 on manifests and the Biennial Report.
S Codes apply to RCRA hazardous waste that’s transferred off-site, impacting:
- Receiving facilities that store and transfer hazardous waste;
- Permitted TSDFs that receive hazardous waste solely for temporary storage and transfer (i.e., it’s the facility’s only management type); and
- Large quantity generators (LQGs) that report wastes shipped to transfer facilities on the Biennial Report.
Hazardous waste manifests
The first receiving TSDF is responsible for choosing and entering the S Codes on manifests. The storage and transfer facility must:
- Identify the S code that best describes how the hazardous waste will be managed by the final receiving facility, and
- Enter the S Code in Item 19 on the manifest and in Item 36 on the continuation sheet (if used).
Generators aren’t responsible for selecting or entering S Codes.
Biennial Reports
LQGs and TSDFs must use S Codes for the Biennial Report on the:
- Waste Generation and Management (GM) Form in Item 3, and
- Waste Received From Off-site (WR) Form in Item F.
LQGs use S Codes on the GM Form for shipments of hazardous waste off-site to a transfer facility for temporary storage and transfer.
TSDFs that receive hazardous waste for temporary storage and transfer off-site use S Codes on the WR Form. These TSDFs must also use Source Code G61 on the GM Form to report shipments of these transferred wastes.
How can facilities prepare?
Help your facility achieve a smooth shift to S Codes by January 1, 2027, with these tips:
- Identify where your facility currently uses code H141.
- Develop a process for transitioning to S Codes exclusively. Consider any changes your facility may need to make to its operations, such as updating software, adjusting procedures, and revising internal guidance documents.
- Train your employees accordingly.
- Set a deadline for making the switch to S Codes. Aim for a date well ahead of January 1, 2027, to give your facility enough time to address any issues that arise.
Key to remember: Starting in 2027, storage and transfer facilities must use S Codes in place of code H141 on RCRA hazardous waste manifests and Biennial Reports.
NewsGreenhouse GasesToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceMonthly Roundup VideoCAA ComplianceUSAHazard CommunicationEnglishIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyMaritime SafetyEnvironmentalFocus AreaHazard CommunicationAir ProgramsVideo
EHS Monthly Round Up - May 2026
In this May 2026 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 over the past month.
The first compliance date for the revised HazCom standard took effect May 19. Employers who work with chemical substances that are aerosols, desensitized explosives, or flammable gases should start to see updated safety data sheets and labels. On a related note, OSHA revised its HazCom directive for inspectors. It instructs OSHA officers on how to conduct inspections and issue citations under the standard. However, it also provides chemical manufacturers, importers, distributors, and employers with insight into what officers will be assessing.
OSHA revoked a standard that prohibited open fires and fires in drums or similar containers in marine terminals. The agency stated that since this is no longer typical practice, removing the standard would lessen the compliance burden without compromising worker safety.
OSHA received the backing of an advisory committee as it advances a comprehensive Tree Care Operations proposal. During the Advisory Committee on Construction Safety and Health meeting, the group unanimously voted in favor of moving ahead. This clears the path for OSHA to publish its long-awaited proposal.
Turning to environmental news, EPA extended the submission date for the TSCA Section 8(d) Health and Safety Data Reporting Rule one-time report from May 22, 2026, to May 21, 2027.
EPA published the first round of expiring confidential business information claims for information submitted under TSCA. The list covers claims that expire from June 22 to July 31, 2026. Businesses must submit extension requests to keep the information protected.
EPA postponed the effective compliance date for trichloroethylene users with TSCA Section 6(g) exemptions until pending judicial review is concluded. The agency has yet to establish a new compliance date.
And finally, EPA revised HFC use restrictions for certain subsectors. This applies to entities that are subject to the 2023 Technology Transition Rule requirements. The agency also proposed a rule that would exempt transportation refrigeration units from leak repair requirements regardless of charge size.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
NewsGreenhouse GasesEnforcement and Audits - OSHAMonthly Roundup VideoWalking Working SurfacesCAA ComplianceUSAInjury and Illness RecordkeepingLaddersEnglishIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthInjury and Illness Recording CriteriaGeneral Industry SafetyEnvironmentalFocus AreaAir ProgramsVideo
EHS Monthly Round Up - February 2026
In this Februrary 2026 roundup video, we'll discuss 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 over the past month.
Fatal work injuries fell 4 percent in 2024, largely due to a decline in workplace drug- and alcohol-related overdoses. According to the Bureau of Labor Statistics, overdose fatalities fell from 512 in 2023 to 410 in 2024. Across all types of workplace incidents, there were 5,070 fatal work injuries in 2024, compared to 5,283 in 2023. Transportation incidents continue to be the most frequent type of fatal event, accounting for over 38 percent of all occupational fatalities in 2024.
OSHA is fast-tracking a proposal to remove the 2036 obligation to upgrade fall protection systems on fixed ladders that extend over 24 feet. This follows an industry petition from major chemical and petroleum industry groups, which argue the provision is unjustified, costly, and not supported by the rulemaking record. OSHA frames the upcoming proposed action as deregulatory, allowing employers to update fixed ladders at the end of their service lives. We’ll provide updates as more information becomes available.
As OSHA leans into “deregulatory” actions, lawmakers are moving to pressure the agency to issue “regulatory” rulemaking to protect American workers. The latest legislative wave of bills aims to fill regulatory gaps, tackle emerging hazards, expand OSHA authority, and raise penalties. Topics addressed by these bills include musculoskeletal disorders, heat stress, infectious diseases, wildfire smoke, and workplace violence.
In a recently issued letter of interpretation, OSHA states that a burn injury caused by a personal lithium-ion battery fire is work related if it occurs in the workplace during assigned working hours. The letter details an incident where an employee was burned when their rechargeable lithium-ion batteries for e-cigarettes sparked a fire after coming into contact with a key used for work.
A new report from the Department of Labor Office of Inspector General concludes that OSHA struggles to meet its mission, particularly in high-risk industries like healthcare, construction, and manufacturing. Several pages point to OSHA’s difficulties in effectively enforcing annual injury and illness reporting requirements, reaching the nation’s high-risk worksites for inspection, and addressing workplace violence by regulatory or other action.
Turning to environmental news, EPA extended the deadlines for Facility Evaluation Reports and related requirements for coal combustion residuals facilities. In most instances, the deadlines have been moved one or two years out.
And finally, EPA announced a final rule eliminating the 2009 Endangerment Finding and related greenhouse gas emission requirements for on-highway vehicles and vehicle engines. When the final rule takes effect, manufacturers and importers of new motor vehicles and motor vehicle engines will no longer have to measure, report, certify, or comply with federal greenhouse gas emission standards.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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Most Popular Highlights In Environmental
NewsIndianaSafe Drinking WaterChange NoticesChange NoticeWater ProgramsEnvironmentalCWA ComplianceEnglishUnderground Injection ControlFocus Area
2026-06-24T05:00:00Z
Indiana adds permanent underground carbon dioxide storage rules
Effective date: June 10, 2026
This applies to: Entities that seek to participate in carbon sequestration projects
Description of change: The Natural Resources Commission adopted rules for permanent underground carbon dioxide storage, establishing:
- The rules for entities seeking to petition the Indiana Department of Natural Resources to issue involuntary integration orders for pore spaces, and
- The rules for storage operators seeking to apply for certificates of project completion.
These regulations add options for entities; the requirements apply only if the options are utilized.
The rules impact entities seeking to participate in carbon sequestration projects. The regulations also affect pore space owners and surface owners.
NewsToxic Substances Control Act - EPAChange NoticesChange NoticeTSCA ComplianceToxic Substances - EPACaliforniaEnvironmentalEnglishFocus Area
2026-06-24T05:00:00Z
California adds TPhP nail products to Priority Products list
Effective date: October 1, 2026
This applies to: Nail products containing triphenyl phosphate (TPhP) at concentrations greater than 250 parts per million (ppm)
Description of change: The California Department of Toxic Substances Control added nail products with concentrations of 250 ppm or more of TPhP to the Priority Product list, making the substance subject to the Safer Consumer Products (SCP) Regulations.
By November 30, 2026, manufacturers must submit a Priority Product Notification. By March 30, 2027, manufacturers must submit:
- A Chemical Removal Intent/Confirmation Notification,
- A Product Removal Intent/Confirmation Notification,
- A Product-Chemical Replacement Intent/Confirmation Notification, or
- A Preliminary Alternatives Analysis Report or alternate reporting options.
2026-01-02T06:00:00Z
Florida adds grease waste hauler requirements
Effective date: December 7, 2025
This applies to: Haulers of grease waste from food establishments
Description of change: The Florida Department of Environmental Protection established removal and disposal regulations for haulers of grease waste from originator food establishments. Haulers must dispose of grease waste at certified facilities and document removals and disposals using a service manifest.
NewsIndustry NewsEnvironmental Protection Agency (EPA)Mobile Emission SourcesCAA ComplianceEnvironmentalIn-Depth ArticleFocus AreaEnglishAir ProgramsUSA
2024-10-07T05:00:00Z
Vehicle emissions defeat devices: Steer clear!
The Environmental Protection Agency (EPA) regulates emissions from motor vehicles, engines, and the fuels used to operate them. The agency requires vehicle manufacturers to install control devices that limit the amount of air pollutants a vehicle may emit. However, defeat devices attempt to detour around these controls and allow emissions beyond federal limits.
Excess vehicle emissions can threaten the health of others, impair state and local efforts to maintain national air quality standards, and — as one company and its owner learned — subject you and your business to steep monetary penalties.
Steer clear of defeat devices to ensure a smooth regulatory road.
Company learns multimillion-dollar lesson
EPA and the U.S. Department of Justice reached a settlement agreement with a North Carolina automotive parts company and its owner for violating the Clean Air Act (CAA) requirements for mobile sources by:
- Manufacturing, selling, and installing more than 250,000 defeat devices on diesel pickup trucks; and
- Installing aftermarket defeat devices on hundreds of diesel pickup trucks.
The company and its owner face civil and criminal consequences and will pay a total of $10 million in fees and penalties.
Civil enforcement
A July 2024 consent decree (pending court approval) requires both parties to pay a combined $7 million penalty. It also bans the company and owner from:
- Manufacturing, selling, offering to sell, and installing defeat devices;
- Transferring intellectual property to help others make or sell defeat devices; and
- Investing in or profiting from other businesses’ defeat devices.
Criminal enforcement
Both the company and owner pleaded guilty to conspiring to violate the CAA. The federal court ordered the company to pay a $2.4 million fine and complete three years of organizational probation. It also ordered the owner to pay a $600,000 fine and serve three years of probation.
What are defeat devices?
A defeat device is any component that “bypasses, impairs, defeats, or disables the control of emissions of any regulated pollutant” (40 CFR 1068.101(b)(2)). Put simply, it’s an illegal device that removes or disables a vehicle’s emissions controls.
There are generally two types of defeat devices: hardware (such as modified automotive parts) and software (like delete tuners). In fact, many of the devices consist of both types that work in tandem. Federal law (and EPA regulations at 1068.101(b)) bans defeat devices used to swerve around vehicle emissions controls. Section 203(a)(3) of the CAA prohibits anyone from:
- Tampering with an EPA-certified vehicle’s emissions control devices to remove them or make them inoperative before selling the vehicle,
- Knowingly tampering with an EPA-certified vehicle’s emissions control devices to remove them or make them inoperative after the vehicle is sold and delivered to the purchaser, and
- Knowingly manufacturing, selling, offering to sell, or installing defeat devices that bypass, defeat, or render inoperative any emission control device.
Common emission control devices include:
- Onboard diagnostic systems,
- Catalytic converters,
- Electronic control units,
- Fuel systems, and
- Diesel particulate filters.
Who do the regulations affect?
The prohibition on defeat devices applies to everyone, from the original equipment manufacturer that installs the vehicle emissions controls to the vehicle owner and operators.
The 1990 CAA Amendments expanded the tampering provision in Section 203(a)(3) to include “any person.” Further, EPA’s regulations at 1068.101(b) “apply to everyone,” such as:
- Vehicle manufacturers;
- Vehicle dealers;
- Automobile repair shops;
- Commercial mechanics;
- Fleet operators;
- Aftermarket automotive part manufacturers, sellers, and installers;
- Owners; and
- Operators.
Compliance tips
Consider these helpful suggestions for maintaining compliance:
- Check and comply with your state and local regulations, as they may be more stringent than federal requirements and impose additional rules. For example, states may require certified technicians to conduct automotive maintenance services on emission controls. States may also prohibit operating, selling, and/or registering tampered vehicles.
- Purchase aftermarket automotive parts only from reputable sources. Obtain proof that the aftermarket parts won’t increase emissions.
- Self-disclose any potential violations you find to EPA and/or the state environmental agency. EPA and many states will lower or waive civil penalties for self-reporting violations.
The case against this automotive parts company and owner serves as a multimillion-dollar reminder about making, selling, installing, or using defeat devices — steer clear!
Key to remember: Steer clear of defeat devices that try to detour around EPA’s vehicle emissions controls to ensure a smooth regulatory road.
NewsMunicipal WastewaterChange NoticesChange NoticeWater ProgramsEnvironmentalCWA ComplianceEnglishFocus AreaNorth Carolina
2026-06-24T05:00:00Z
North Carolina approved revisions to wastewater discharge rules
Effective date: May 1, 2026
This applies to: Facilities with domestic wastewater discharges up to 2 million gallons per day
Description of change: The North Carolina Department of Environmental Quality (DEQ) adopted a rule that adds a permitting option to the National Pollutant Discharge Elimination System (NPDES) program for facilities with domestic wastewater discharges of up to 2 million gallons per day.
DEQ removed the ban on new or expanded discharges of oxygen-consuming waste when the 7Q10 and 30Q2 flows are both 0 for these facilities. In other words, it allows systems to discharge domestic wastewater to zero-flow receiving streams, provided the system:
- Meets qualifying criteria,
- Complies with specific effluent limits, and
- Uses low-energy methods before discharging wastewater to the receiving stream.
It’ll likely benefit areas where the cost of piping to a higher-flowing stream farther away is prohibitive.
NewsIndustry NewsWaste IdentificationEnglishWasteWaste ManagementEnvironmentalIn-Depth ArticleWaste/HazWasteFocus AreaUSA
2026-06-18T05:00:00Z
Hazardous waste determinations in practice: Lessons from aerosols, residues, and empty containers
Hazardous waste determinations remain one of the most common sources of noncompliance under RCRA. The requirement is simple on paper. Generators must determine whether a material is a hazardous waste at the point of generation. In practice, facilities often struggle with how the rules apply to everyday situations. Aerosol cans, process residues, and empty containers are frequent gray areas that lead to inconsistent decisions, inspection findings, and, in some cases, enforcement.
At the core, the regulatory expectation is clear: Generators must evaluate each waste to determine if it's listed or exhibits a characteristic of hazardous waste (40 CFR 262.11). That evaluation must be made when the waste is first generated and must be documented. The challenge isn't the rule itself but how it applies to materials that fall between operational categories — products, wastes, and residuals.
Aerosols: When a common waste becomes a compliance risk
Aerosol cans are widely used across industries for maintenance, coatings, and cleaning. Facilities often assume that once a can is “empty” or depressurized, it's no longer subject to hazardous waste rules. That assumption can be risky.
If an aerosol can contains a listed solvent or exhibits ignitability (D001), it's a hazardous waste unless managed under an exclusion or alternative standard. Since 2019, many aerosol cans can be managed as universal waste (40 CFR Part 273), which simplifies handling. However, this option introduces its own requirements, including labeling, accumulation time limits, and proper puncturing practices.
A common issue arises at puncturing stations. For example, a maintenance shop installs a puncturing device and begins draining leftover propellant and product into a drum. The cans themselves may now meet the empty container standard, but the collected liquid often remains hazardous waste. In several inspections, regulators have cited facilities not for the cans, but for failing to characterize the accumulated liquid or for allowing it to evaporate without proper controls.
The lesson is straightforward: Shifting management methods (e.g., puncturing or using universal waste standards) doesn't eliminate the obligation to evaluate all resulting waste streams.
Residues: Small quantities, big implications
Residues are another frequent source of confusion. These can include paint booth sludge, tank bottoms, and material left in process equipment. Facilities sometimes view these materials as insignificant or assume they take on the classification of the original product. In reality, residues must be evaluated as newly generated wastes.
For example, a facility cleaning a parts washer may generate a sludge that contains spent solvent. Even if the waste solvent was originally a listed waste (e.g., F003 or F005), the generator must determine whether the residue is itself a listed waste or exhibits a characteristic. Missteps often occur when facilities rely on outdated Safety Data Sheets (SDSs) or assume that dilution or drying changes the classification.
Another scenario involves “letting residues dry out” in containers before disposal. While intended to reduce volume, this practice can be interpreted as treatment if it's done to change the waste’s characteristics (40 CFR 260.10 definition of treatment). For generators without a permit, this creates additional compliance risk.
The key takeaway is that residues aren't an afterthought. They are distinct waste streams that require their own evaluation and, in some cases, can trigger more stringent requirements than expected.
Empty containers: A rule often misapplied
The empty container rule (40 CFR 261.7) is widely cited but frequently misunderstood. A container that held hazardous waste is considered empty if all wastes have been removed using common practices (e.g., pouring, pumping), and no more than 1 inch of residue remains (or 3 percent by weight for smaller containers).
In practice, facilities often overapply this rule. For example, a drum that held a listed solvent may be declared empty even though significant sludge remains at the bottom. Inspectors routinely check this by tipping containers or visually assessing residue. If the container doesn't meet the standard, it's still subject to full hazardous waste requirements.
Another common issue involves containers that held acute hazardous waste (P-listed). These have stricter emptying standards, including triple rinsing. Facilities that overlook this distinction can inadvertently manage regulated containers as non-hazardous scrap.
Importantly, even when a container meets the empty standard, any removed residue must still be evaluated as a waste. The container may be exempt, but the material removed from it isn't.
Bringing it together in practice
Across these examples, a consistent pattern emerges: compliance issues arise when facilities rely on assumptions rather than applying the regulatory framework to each specific situation. Aerosols, residues, and empty containers all sit at the boundary between product use and waste management. That boundary is where most determination errors occur.
Facilities can reduce risk by standardizing evaluation procedures, training staff on common gray areas, and documenting determinations clearly. In inspections, regulators often focus less on the conclusion and more on whether the generator followed a defensible process under 40 CFR 262.11.
Key to remember: Every waste stream, no matter how small or routine, requires a fresh, documented determination at the point of generation. Management shortcuts don't replace regulatory obligations.
Most Popular Highlights In Transportation
NewsIndustry NewsIndustry NewsFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTFocus AreaVision - Motor CarrierUSAEnglishTransportationPhysical exam - Motor Carrier
2022-01-24T06:00:00Z
Alternate vision standard final rule
FMCSA published the alternative vision standard final rule with an effective date of March 22, 2022, for CMV drivers who do not meet the vision standard in the worse eye. If specified conditions and vision criteria are met, the driver can qualify for the vision portion of the DOT exam based on the vision in the better eye with or without corrective lenses.
To be qualified for the alternate vision standard (§391.44), the driver must:
- Have in the better eye a field of vision of at least 70 degrees in the horizontal meridian and vision of at least 20/40 with or without corrective lenses;
- Be able to recognize the colors of traffic signals with red, green, and amber;
- Have a stable vision deficiency; and
- Have had sufficient time for the vision deficiency to be stable.
To meet the alternate standard:
- An ophthalmologist or optometrist evaluates the driver;
- The ophthalmologist or optometrist completes the new Vision Evaluation Report Form MCSA-5871;
- The certified medical examiner performs a DOT exam not more than 45 days from the date on the MCSA-5871 and determines if the driver meets the alternative vision standard, as well as FMCSA’s other medical qualification standards;
- The driver receives a Medical Examiner’s Certificate (MEC), Form MCSA-5876, for a maximum of 12 months if determined to be medically qualified; and
- Drivers qualified under the alternative vision standard for the first time must satisfactorily complete an employer-administered road test before operating in interstate commerce, subject to limited exceptions.
This final rule eliminates the need for the current federal vision exemption program and the grandfather provision in §391.64. Individuals currently qualified under the grandfather provision and exemption holders have one year after the effective date of this rule to comply.
NewsIndustry NewsFleet OperationsEnglishFocus AreaIn-Depth ArticleHighway use - Mileage taxFleet TaxesInternational Fuel Tax Agreement (IFTA)Fleet taxesTransportationUSA
2024-09-19T05:00:00Z
Your HUT decals are expiring: Registration open Oct. 1
For carriers operating in New York, registration and decals expire December 31, 2024, for the Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) programs. Take steps now to make sure you receive your new decals before the current ones expire. You need a new certificate of registration and decal for each vehicle. And you must place the new decals on your vehicles before January 1, 2025.
The period to renew your 24th series HUT and AFC certificates of registration begins October 1, 2024. Act now to avoid delays and keep your highway use tax credentials active.
To-do before October 1
Get ready for renewal by taking the following steps now:
- File all your highway use tax returns that are due.
- Pay your taxes. The state will not issue a new certificate of registration if you owe back taxes. Before you apply to renew, make sure that you’ve paid all taxes due under any of the programs administered by the New York State Tax Department, including:
- HUT,
- personal income tax,
- International Fuel Tax Agreement (IFTA),
- sales tax, and
- withholding tax.
- Create an online account if you do not already have one and you want to renew your credentials and pay online (https://www.oscar.ny.gov/).
- Make sure your vehicle registration information is correct and accurate. Review and update your information as soon as possible. Incorrect information will delay the processing of your certificates and decals.
Beginning October 1
Once the renewal period opens, renew your credentials and pay your renewal fees online with One Stop Credentialing and Registration (OSCAR).
Submit your renewal application by November 30, 2024, to make sure you receive your decals in time to place them on your vehicles before January 1, 2025.
If you are already enrolled in OSCAR, use your current OSCAR password to renew online.
If you are not enrolled, visit OSCAR, and select Enroll Now. You must have a United States Department of Transportation (USDOT) number and an employer identification number (EIN).
To renew your registration:
- Visit the OSCAR website and select HUT Renewal from the Business Type drop-down.
- Enter your information in the USDOT#, NYS Tax ID#, and Password fields, then select Log in.
- If you have 300 or fewer vehicles, choose either:
- Renew all HUT/AFC Certificates of Registration to renew all your active current series permits, or
- Select HUT/AFC Certificates of Registration to renew specific permits.
- If you have more than 300 vehicles, choose either:
- Renew all to renew all your active current series permits, or
- File renewal to renew select permits.
If you are unable to renew electronically, you may file Form TMT-1.2, Renewal Application for Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) Certificates of Registrations and Decals – 25th Series.
Key to remember: Take steps now to renew your NY HUT and ensure you receive your new decals before the current ones expire.
NewsIndustry NewsFleet SafetyCompliance, Safety, Accountability CSAPerformance ManagementCompliance, Safety, Accountability CSAFocus AreaIn-Depth ArticleEnglishTransportationRegistration and Permits - Motor CarrierUSA
2022-12-02T06:00:00Z
Understanding the National Safety Code (NSC): Part 1
These days, operating a commercial fleet involves many different compliance issues, regulations, standardized licensing, and permits involved with operating a commercial trucking vehicle are the norm. In Canada, provincial regulations governing commercial vehicles, drivers, and motor carriers are based on the National Safety Code (NSC) standards.
But what is the NSC and what are the standards? It’s a complicated answer because there are 16 standards involved. The NSC is designed to create a comprehensive code of minimum performance standards for the safe operation of passenger and commercial vehicles. The NSC provides guidance for legislative, regulatory, and administrative action by each jurisdiction and focuses on three components:
- Drivers,
- Vehicles, and
- Motor carriers.
Over this three-part article series, we will look at each of these components and break down the NSC standards that fit within each of the three. You’ll learn what is key to know to ensure compliance, and more importantly, a safer operation.
What is the NSC?
In 1987, the federal, provincial, and territorial Ministers responsible for Transportation and Highway Safety recognized that due to the deregulation of transportation, there was a need for harmonization and reciprocity in the management of commercial vehicles across Canada. The ministers then signed a memorandum of understanding to develop and implement the NSC to encourage road safety, promote efficiency in the motor carrier industry, and achieve consistent safety standards. The National Safety Code standards remain important instruments of public policy in promoting public safety and the safe and efficient movement of people and goods on Canadian roads.
What are the 16 standards?
The NSC is a set of minimum performance standards, applying to all persons responsible for the safe operation of commercial vehicles. There are 16 NSC standards made up of the following:
- Standard 1 Single Driver Licence Concept
- Standard 2 Knowledge and Performance Tests (Drivers)
- Standard 3 Driver Examiner Training Program
- Standard 4 Driver Licencing Classification
- Standard 5 Self-Certification Standards and Procedures
- Standard 6 Determining Driver Fitness in Canada
- Standard 7 Carrier and Driver Profiles
- Standard 8 Short-Term Suspension
- Standard 9 Commercial Vehicle Drivers Hours of Service
- Standard 10 Cargo Securement
- Standard 11 Maintenance and Periodic Inspection
- Standard 12 CVSA On-Road Inspection
- Standard 13 Trip Inspection
- Standard 14 Safety Rating
- Standard 15 Facility Audits
- Standard 16 Entry Level Training (Class 1)
Now that we have a better understanding of what the NSC represents and what the 16 standards are, let’s take a deeper dive into the standards that apply, starting with Motor Carriers.
NSC Standard 14 — Safety Rating
You might be wondering why we are starting with Standard 14. All provinces in Canada are required to issue an NSC number to all commercial carriers in their governing jurisdiction. A Safety Fitness Certificate (SFC) contains the NSC number, which is the unique identifier for each commercial operator. Ontario calls this number a Commercial Vehicle Operator’s Registration or CVOR.
If you have registered a vehicle that is regulated under the National Safety Code program in Canada, you are required to apply for a SFC or CVOR (Ontario). The SFC or CVOR gives you permission to operate a commercial vehicle.
There have been many new changes recently to the process of not only applying for an SFC but also in maintaining the required certificate. For example, in Alberta, it includes completing an NSC knowledge test online or NSC in a registry office, completing an NSC audit within 12 months of obtaining your SFC, and renewing your certificate every three years.
A provincial authority may not issue a safety fitness certificate to an extra-provincial motor carrier undertaking unless the provincial authority has determined that the undertaking has a “satisfactory”, “satisfactory unaudited” or “conditional” safety rating, as set out in section 5 of Part C of NSC Standard #14.
Safety Rating Categories
Responsibility for motor carrier safety resides, first and foremost, with motor carrier management. The Safety Rating Standard (Standard 14) establishes the motor carrier safety rating framework by which each jurisdiction shall assess the safety performance of motor carriers. There are four safety rating categories as follows:
| Rating | Details |
| Satisfactory-Unaudited | Assigned to all new commercial motor carriers. This rating does not change until a carrier has been audited. |
| Satisfactory-Audited | Assigned when a motor carrier has successfully passed a facility audit and all 3 thresholds - convictions, at-fault collisions and inspections - are below 85%. |
| Conditional | Assigned to a motor carrier who has failed a facility audit and/or 1 or more thresholds are at or above 85%. |
| Unsatisfactory | Assigned by Carrier and Vehicle Safety Services when a carrier is deemed unfit. |
- Using the information in the motor carrier profile;
- Assigning a value to each of the data listed in the motor carrier profile taking into account its severity and potential safety impact, in accordance with the National Safety Code Standard 7, Carrier Profile:
- For the 24 months preceding the determination; or
- In the case of a motor carrier whose motor carrier profile was established less than 24 months prior to the determination, for the period since its establishment;
- Normalizing the weighted data using the motor carrier’s fleet size to reflect the motor carrier’s exposure to risk; and
- Assigning a safety rating to the motor carrier in accordance with the safety rating categories.
The NSC’s safety fitness rests on three building blocks:
- NSC Standard 7: Carrier and Driver Profiles
- NSC Standard 14: Safety Rating
- NSC Standard 15: Facility Audit
Together, these standards provide the safety rating and management framework by which each jurisdiction assesses the safety performance of motor carriers. In part 3, we’ll cover Standards 7 and 15 in greater detail.
Key to remember: We have just touched the surface of the NSC standards and covered likely one of the most important when it comes to maintaining a safe rating and compliance with Jurisdictional regulations.
NewsIndustry NewsEnglishFuel/Mileage Tax PermitsIRP and IFTA recordkeepingFocus AreaIn-Depth ArticleFleet OperationsFleet TaxesInternational Fuel Tax Agreement (IFTA)Fleet taxesTransportationUSA
2023-07-21T05:00:00Z
Tips for successful IFTA quarterly reports
Second quarter fuel tax reports are due by July 31 for carriers operating under the International Fuel Tax Agreement (IFTA). These reports document the mileage traveled and fuel purchased in each state or province during the reporting period. Check out the following tips to avoid common mistakes that could get you audited.
Tip 1: Correctly report operations under trip permits
Include miles traveled while using a fuel trip permit:
- In “total IFTA miles,” and
- As part of the total IFTA miles traveled in the applicable jurisdiction.
Do not include them as taxable miles traveled for that jurisdiction. For fuel purchases made while operating under a fuel trip permit, include the following for each jurisdiction:
- Total gallons purchased (to accurately calculate the miles per gallon), and
- Tax-paid gallons purchased, only if taxes were paid at the time the fuel was purchased.
Tip 2: Account for all miles, even gap miles
Always do your best to accurately report miles traveled on your quarterly IFTA tax report. Remember that you must report every mile driven by every vehicle licensed under IFTA on your report.
“Gap miles” are the difference in the miles recorded for a trip on your trip sheet and the actual miles traveled based on the beginning and ending odometer or hubometer readings for that trip. Gap miles will create an issue when an audit occurs.
Gap miles should be allocated to the jurisdiction(s) where the travel most likely occurred.
Tip 3: Use the correct rate chart
Jurisdiction tax rates often change from quarter to quarter. Be sure to use the tax rate chart for the specific quarter being filed. Rate charts are available online at iftach.org.
Tip 4: Double-check your tax-paid gallons
The total tax-paid gallons purchased should never exceed the total gallons purchased.
If your operation includes bulk storage, only include in tax-paid gallons the number of gallons actually removed from bulk storage and delivered into your IFTA qualified vehicles during the reporting period being filed.
Hint: Generally speaking, total gallons and total tax-paid gallons should be the same, unless:
- Fuel receipts are missing;
- Fuel was not tax paid (i.e., purchased on an Indian reservation); or
- Fuel records do not include all required elements.
| Learn more about the recordkeeping requirements for IFTA and IRP. |
Tip 5: File every quarter, even if you have no activity to report
Tax returns are required even if no operations were conducted or no taxable fuel was used during the reporting period. Returns that are not filed or not paid in full are considered late and can be assessed penalties and interest.
Tip 6: Check your lease
Review all lease contracts carefully and ensure the IFTA tax reporting responsibility is clearly defined.
| Get more detail about leasing requirements for motor carriers. |
Key to remember: Carefully documenting miles traveled and fuel purchased for your IFTA fleet can help you avoid common mistakes that could get you audited.
NewsIndustry NewsCarrier profiles, safety ratings and facility auditsSafety fitness certificatesFleet SafetyRecordkeepingRecordkeepingBusiness policies and procedures - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationBusiness planning - Motor CarrierUSA
2023-04-14T05:00:00Z
Carrier profile advice for Canadian carriers
The National Safety Code (NSC) Standard 7 requires all Canadian jurisdictions to maintain a Carrier Profile on those carriers regulated under the provincial NSC programs. While the Carrier Profile is designed to identify high-risk motor carriers to provincial regulators, did you know that you can use it to evaluate the effectiveness of your safety and maintenance programs? Your Carrier Profile is a “Report Card” of your company’s compliance with on-road and administrative requirements and performance based on information collected from across Canada and the United States. The data on your Carrier Profile can tell you in what areas you’re doing well and in what areas you’re doing not so well. The key is to regularly request your profile and analyze it for potential areas for improvement. Here, we take a look at how you can get your hands on the data and how to use it to your advantage.
What exactly is on my Carrier Profile and how do I get one?
Carrier profile formats vary between jurisdictions. The standard Carrier Profile includes information regarding:
- A motor carrier’s Safety Fitness Rating;
- A motor carrier’s Operating Status (federal or provincial); and
- Twelve months of events involving NSC vehicles registered in the motor carrier’s name and the persons driving those vehicles. Events include:
- Convictions;
- CVSA inspections;
- Reportable collisions from all Canadian jurisdictions; and
- Violations identified in the province where no charges were laid.
Only the motor carrier named in the Carrier Profile, their authorized agent, or an enforcement agency can obtain a copy of the full profile information. Many provinces allow you to request the profile online. Contact your provincial transportation safety office for guidance.
How to read and interpret your Carrier Profile Report
The Carrier Profile is divided into five parts:
- Part 1 - Carrier Information
- Part 2 - Conviction Information
- Part 3 - CVSA Inspection Information
- Part 4 - Collision Information
- Part 5 - Violation Information
Part 1 – Carrier Information
Part 1 of the Carrier Profile gives an overall snapshot of a company’s current safety status including current Safety Fitness Rating, , and a summary of Conviction, CVSA Inspection, and Collision event history. Part 1 always displays the last 12 months of data, and the motor carrier’s current Safety Fitness Rating as of the date the Carrier Profile was requested.
Also displayed is the motor carrier’s current Operating Status of “provincial” or “federal” (as applicable by jurisdiction). Having the proper Operating Status is critical to a motor carrier’s operation. Motor carriers found operating with the wrong Operating Status may be charged with an offence and detained until the appropriate Operating Status has been obtained.
What to look for: When reviewing this part of your profile, always ensure the data here looks current and accurate.
Part 2 – Conviction Information
The information recorded in this part reflects convictions shown in order of offence date, with the most recent shown first. Conviction points remain on a Carrier’s Profile for one year from the conviction date.
Points ranging from 0 to 5 are assigned to a conviction depending on the severity of the offence with 5 points assigned to the most serious offences. These point values are recommended by the Canadian Council of Motor Transportation Administrators (CCMTA) at the national level to provide consistency amongst jurisdiction’s monitoring programs. As an example:
- Faulty lights, not resulting in Out of Service, 1 point
- Speed 21−30 kilometres per hour over, 2 points
- No permit or contravene conditions of permit, 3 points
- Drive while disqualified, 5 points
What to look for: Convictions here can help clue you into where you may need to make adjustments. For example, if you find that your drivers are frequently speeding, you should address it and possibly look at your policies and disciplinary process.
Part 3 – CVSA Inspection Information
Part 3 provides information on inspections conducted under the Commercial Vehicle Safety Alliance (CVSA) inspection program both in Canada and the U.S. for the time period requested. CVSA inspections remain on a Carrier’s Profile for one year from the date the inspection occurred.
What to look for: In this part you can determine the breakdown of defects from “Out of Service” and “Requires Attention” to assist you with identifying possible deficiencies in your inspection and maintenance program.
Part 4 – Collision Information
Part 4 provides collision information supplied by enforcement agencies across Canada and the U.S. The collisions are considered reportable under the jurisdiction’s legislation in which the collision event occurred. Collision points remain on a Carrier’s Profile for one year from the date the event occurred.
All reportable collisions appear on a carrier’s profile at least 45 days after the event date. This is to allow motor carriers the option to have the collision evaluated for preventability prior to the collision appearing on the profile.
What to look for: Reviewing and evaluating this part can help you identify areas where safety and compliance can be improved and potential opportunities for additional training.
Part 5 – Violation Information
Part 5 is a summary of violations documented by enforcement agencies. Each violation is a contravention of an act or regulation where no prosecution has been entered.
No points will be assigned to violations under this part; however, violations may be considered when reviewing a motor carrier’s overall safety fitness. Violations will remain on a Carrier’s Profile for one year from the date the event occurred.
Information in this part includes an analysis of violations by offense type, occurrence date, time, vehicle plate number, location of the offense, a generic offense description, and the driver’s name.
What to look for: This part will assist you in identifying the main areas of non-compliance with regulations such as Hours of Service.
A useful tool, if used properly
Although the Carrier Profile only provides after-the-fact information on motor carriers on-road and administrative compliance, the Carrier Profile can help you to become more proactive rather than reactive. You can look forward and adjust your driver training programs, driver coaching frequency maintenance programs, vehicle inspections...etc. etc... You may need to address and update policies and procedures...
Carriers that do not make changes and that continuously represent an unacceptable risk to the public may have their safety fitness certificates cancelled. This would result in the carrier not being able to register or operate an NSC vehicle. Failing to address known issues appearing on your carrier profile is risky business. Be sure to regularly request your profile and track your progress.
Key to remember: The Carrier Profile allows motor carriers to identify and take appropriate corrective action thereby helping prevent further violations.
NewsIndustry NewsFleet SafetyExpert InsightsBusiness policies and procedures - Motor CarrierBusiness planning - Motor CarrierFocus AreaFleet OperationsEnglishTransportationBusiness planning - Motor CarrierUSA
2026-06-12T05:00:00Z
Expert Insights: Motus — FMCSA's forward momentum
The Federal Motor Carrier Safety Administration (FMCSA) has rolled out the first phase of Motus, a new USDOT registration system designed to streamline compliance and modernize the way motor carriers, brokers, and supporting companies manage their regulatory obligations. Motus, which is Latin for movement/motion, represents a significant shift from the current systems and will involve consolidating USDOT numbers, biennial updates, hazmat registrations, and other filings into one secure, user friendly platform.
The initiative aims to simplify processes, enhance fraud prevention, and provide registrants with intuitive tools such as auto population, real time data validation, and mobile accessibility.
Troubleshooting Motus issues
Many carriers are running into obstacles when registering for Motus. The most frequent issue is not being able to claim DOT numbers, and the most common reason for this is that the carrier didn’t update its information before the deadline.
For example, only the company official can claim your USDOT number. This means that if your company official left earlier this year and you didn’t update this information in your portal, then you won’t be able to claim your USDOT number.
If you’re struggling to get your Motus account set up or claim your USDOT number, you must contact FMCSA at 800-832-5660. FMCSA will only work directly with the motor carrier at this point. Once you have set up your account, you can then grant permissions to other individuals — both within and outside of your organization.
Motus watchouts
Motus gives you more control over your registration, but it also puts more responsibility on you. For example, Motus has simplified applying for operating authority, but knowing which authority your company needs remains unclear. Obtaining the incorrect authority type can be costly, and making mistakes on your application can lead to long delays.
Without the correct authority in place, you may run into:
- A delay in approval, which would lead to a delay in beginning operations.
- Additional application fees, as you may need to reapply.
- Compliance issues, which could lead to expensive fees, audits, or even being placed out of service.
Key to remember: FMCSA has rolled out the first phase of Motus, which aims to streamline and simplify compliance, but it also comes with a few additional challenges for motor carriers.
Most Popular Highlights In Human Resources
NewsIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
2023-09-06T05:00:00Z
Appellate court sided with employee's (almost) 3-year-delayed FMLA claim
Back in October 2018, Laffon had a medical emergency and needed some time off under the federal Family and Medical Leave Act (FMLA).
Her leave lasted until November 15. Ten days after she returned to work, on November 26, her employer terminated her.
She sued, arguing that the employer retaliated against her because of her FMLA leave.
The catch? She didn't bring the suit until almost three years later.
No link between leave and termination
In court, the employer argued that there was no causal link between Laffon taking FMLA leave and her termination. Although the court documents aren't robust, they do reveal that the employer indicated that Laffon's allegations didn't show that her taking FMLA leave was a factor in the decision to terminate her. The documents showed only that the termination chronologically followed her leave.
The court agreed with the employer. It also agreed that Laffon failed to allege a willful violation of the FMLA, which would allow her to benefit from the FMLA's three-year statute of limitations.
Laffon appealed the case to the Ninth Circuit.
Statute of limitations
Under the FMLA, employees have two years from the date of the last event constituting the alleged violation for which they can bring a claim.
Those two years are extended to three years if the employer's actions were "willful." This means that an employee must show that the employer either knew or showed reckless disregard for whether its conduct violated the FMLA.
Ruling overturned
Fast forward to August 2023, when the Ninth Circuit reversed the lower court's decision. It indicated that, based on Laffon's amended complaint and liberally construing the law, her allegations establish that her leave was causally connected to her termination and that the employer's action (her termination) was willful.
Glymph v. CT Corporation Systems, No. 22-35735, Ninth Circuit Court of Appeals, August 22, 2023.
Key to remember: Terminating an employee soon after returning from FMLA leave is risky, unless there is a clear, well-documented, non-leave-related reason. Case documents did not show such a clear reason, which can also increase the risk of a willful finding. Employees have time to file claims, even years.
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
2026-06-23T05:00:00Z
Elective procedures and the FMLA
With employees being more open to obtaining elective medical procedures again, employers might see an increase in employees asking for time off for them. Employees might be entitled to job-protected leave under the federal Family and Medical Leave Act (FMLA) for such procedures. Just because a procedure is deemed “elective” doesn’t always matter.
What the FMLA regulations say
Employers might think that the FMLA regulations say that employees don’t get FMLA leave for elective procedures. The regulations, however, make it clear that, in some situations, employees may, and that just because a procedure is elective doesn’t automatically mean it’s not FMLA-qualifying.
“Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) aren’t serious health conditions unless inpatient hospital care is required or unless complications develop.” [29 CFR 825.113(d)]
The word “unless” means that there are exceptions.
Therefore, if an employee has an overnight stay in a health care facility, whether the procedure is elective or not, it won’t matter; it’s an FMLA-qualifying serious health condition. If, for example, a perfectly healthy employee decides to donate a kidney to a sibling, the time off for the procedure and recovery from it will fall under the FMLA, as the employee will be kept overnight in the hospital — it will be an inpatient situation.
Another example would include a situation in which an employee’s procedure results in a period of incapacity for more than 3 consecutive calendar days, and any subsequent treatment that also involves:
- Treatment two or more times, within 30 days of the first day of incapacity, unless extenuating circumstances exist, or
- Treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the health care provider.
Some of the more common elective procedures employers might have employees ask for time off include:
- Hysterectomy
- Liposuction
- Breast reduction/augmentation
- Joint replacement
- Facelift
- Rhinoplasty
- Cataract removal
- Tonsillectomy
Some elective procedures are designed to improve the quality of life as opposed to saving lives in emergencies.
Employers shouldn’t focus on the name of the condition or procedure, but on whether the condition meets the FMLA’s definition of a serious health condition, which is on the last page of the certification.
When employees ask for time off for what might be an FMLA-qualifying reason, employers should treat the situation as they would any FMLA leave request, including asking for a certification supporting the need for leave. It should give employers enough information to determine if the condition meets the FMLA’s definition of a serious health condition.
Key to remember: Employees could be entitled to FMLA leave for elective medical procedures, depending on all the facts involved.
NewsI-9sI-9sHuman Resource ManagementEmployee RelationsIn-Depth ArticleUSAHR ManagementEnglishTalent Management & RecruitingIndustry NewsRecruiting and hiringAudits - HREmployee RelationsHR GeneralistApplications/ApplicantsAssociate RelationsFocus AreaHuman Resources
2022-12-22T06:00:00Z
Name change tops list of employer questions about Form I-9
Does the Form I-9 need to be updated when an employee’s name changes?
That was the most frequently asked listener question during a recent J. J. Keller & Associates webcast about the Form I-9.
Name change not (technically) required on Form I-9
When an employee has a legal name change because of marriage, divorce, or another reason, the U.S. Citizenship and Immigration Services (USCIS) does not require employers to update the Form I-9.
However, the agency does recommend that the employer note the name change in Section 3 of the form. The agency suggests that employers maintain correct information on the form.
Employers need to be sure of an employee’s identity
Employers shouldn’t simply take an employee’s word for it when it comes to a name change. The agency recommends that employers ask for proof.
Once again, the agency doesn’t require this, but it is certainly a good idea. The agency recommends that employers take steps to be reasonably assured of an employee’s identity, and this may involve asking the employee to provide documentation of the legal name change.
Keeping documentation of name change a best practice
Information about a name change is kept with the employee’s I-9.
That way if an employer’s I-9 forms are audited by a government agency, and the employee’s form is inspected, having this documentation shows the actions that were taken to verify identity.
Accepting documents with different names
An employer may also encounter name issues when an employee presents the documents needed to initially complete the Form I-9.
If an employee presents two documents with different last names, and one name matches the name the employee entered in Section 1, the employer may accept the documents.
The USCIS suggests that an employer attach a brief memo to the form that explains the reason for the different names. Any supporting documentation provided by the employee should also be attached.
The employee is not required to provide the documents explaining the name change. However, the employer is allowed to ask for other acceptable documents if there is something suspicious about the document with a different name that makes the employer question whether it is genuine.
Key to remember: An employer is not required to update an employee’s Form I-9 when the employee’s name change, but it is recommended.
NewsIndustry NewsEnglishHR GeneralistFamily and Medical Leave Act (FMLA)LeaveIn-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementLeaveUSAFocus AreaHuman Resources
2025-01-21T06:00:00Z
DOL: Employers are to treat state paid leave like workers’ comp or STD
Time off under the federal Family and Medical Leave Act (FMLA) is unpaid. Employees, however, have the right to use their accrued paid time off (PTO) to supplement their income while they’re on unpaid FMLA leave. Employers may also require employees to use their PTO in these types of situations, and many do.
When employees receive pay from other sources, like short-term disability (STD) or workers' compensation, they may not “double dip” and use their PTO for the FMLA leave (and employers may not require it). They might, however, use PTO to “round out” their pay since these other benefits usually only provide a percentage of income.
What about situations where employees take paid leave under state laws?
The DOL chimes in
In an interpretive opinion letter released on January 14, 2025, the U.S. Department of Labor (DOL) said that employers should treat state paid leave the same.
Employers need to keep some information in mind:
- Designating leave: When employees take leave under a state paid family or medical leave law if the leave is also covered by the FMLA, employers must designate it as FMLA leave and give the employee a designation notice, which should include the amount of leave to be counted against the employee’s FMLA leave entitlement.
- Receiving state pay: During FMLA leave, when employees receive pay from a state family or medical leave law, the FMLA “substitution” provision does not apply to the part of leave that is paid. As a result, employees may not use PTO, and employers may not require it when leave is paid by state law.
- Supplementing pay: If employees are receiving pay through state paid family or medical leave that doesn’t fully pay for their FMLA-covered leave, and employees have available PTO, employers, and employees may agree, where state law permits, that employees may use their PTO to supplement their pay under a state leave law.
- Qualifying conditions: If employees use state paid family and medical leave for reasons that don’t qualify as FMLA leave, employers may not count the leave against the employee's FMLA leave entitlement. If, for example, a state paid family leave law allows for paid leave to care for a family member with a medical condition that is not an FMLA-qualifying serious health condition or serious injury or illness, employers may not count the leave taken under such circumstances against the employee’s FMLA leave entitlement.
- Exhausting leave: If employees’ leave under a state paid family or medical leave program ends before the employees have exhausted the 12 weeks of FMLA leave, employees are still entitled to the FMLA protections. If, therefore, employees use up all the state paid leave, after that, the FMLA substitution provision would apply and employees would be able to elect, or the employer would be able to require the employee, to substitute employer-provided accrued paid leave.
Key to remember: Employers may not require employees to use their accrued paid time off when employees are receiving pay under a state paid leave law. Employees are also not allowed to do so. Employees, however, might be able to use PTO to round out their income and bring it to full pay.
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
2023-11-07T06:00:00Z
Shhhh — FMLA and confidentiality
When processing a leave request under the federal Family and Medical Leave Act (FMLA), employees share personal information with their employers. Often, this includes medical facts. Without these details, employers are usually unable to determine whether the situation qualifies for FMLA protections.
The FMLA, however, restricts what employers may do with the information.
Keep it confidential
Employers must keep FMLA records and documents relating to certifications, recertifications, or medical histories of employees or their family members as confidential medical records. They must keep this information in separate files/records apart from the usual personnel files.
The FMLA does not dictate how employers should keep the information confidential. Storing it under lock and key and restricting access to only those who handle FMLA leave would be appropriate. That could be in a secure cabinet or office.
Employers often confuse the privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA) with the confidentiality provisions of the federal Americans with Disabilities Act (ADA). The ADA, however, was the inspiration for the FMLA’s confidentiality rules.
Exceptions
Employers may share some information in certain situations:
- Leave administrators may inform supervisors and managers about necessary restrictions of an employee’s work or duties and necessary accommodations.
While leave administrators are free to inform managers that an employee is on FMLA leave, and when the employee is expected to be out, they should not disclose the employee’s medical information.
Leave administrators may request a certification supporting the need for FMLA leave, but they must keep the details on that certification confidential.
In that same vein, managers should not ask employees for more medical information. Managers may tell other employees that someone is out, but should not share more details without the employee’s voluntary permission.
If managers find out information about an employee (or family member) medical situation, perhaps because an employee volunteered it, the manager should keep the details private and secure.
- First aid and safety personnel may be informed (when appropriate) if the employee’s physical or medical condition might require emergency treatment.
Like managers, leave administrators must keep employee FMLA information confidential. If, however, an employee has a workplace medical emergency, leave administrators may inform first aid and safety personnel about the condition if helpful.
- Government officials investigating compliance with FMLA (or other pertinent law) must be provided relevant information upon request.
If a representative of the U.S. Department of Labor were to ask to see FMLA certifications or other related documents, employers are required to provide them.
Key to remember: Employers have a responsibility to keep certain employee FMLA information private and secure, with limited exceptions. Failure to do so could risk a claim.
NewsIndustry NewsAt-Will EmploymentSafety & HealthGeneral Industry SafetyTerminationHR GeneralistIn-Depth ArticleUSAHR ManagementEnglishTerminationFocus AreaHuman Resources
2024-08-28T05:00:00Z
When to skip a PIP and move to terminate an employee
The U.S. Bureau of Labor statistics reported in July 2024 that there are 8.2 million job openings in the U.S., but only 7.2 million unemployed workers.
With that in mind, employers might choose to hang onto employees even if they’re under performing. But what about when complaints are rolling in from different angles? Take, for example, a lackluster supervisor who’s annoying employees and disappointing customers.
An employer could be hesitant to let the supervisor go, especially if there’s no documentation backing up claims of misconduct. The employer must weigh their options to decide if putting the supervisor on a performance improvement plan (PIP) or moving right to termination is the ideal choice.
At-will employment
For starters, in most states employers may terminate an employee at-will, meaning they can fire employees for pretty much any reason as long as it doesn’t discriminate against someone in a protected class based on sex, age, race, religion, etc. Employers also cannot terminate in retaliation for an employee making a claim of harassment, discrimination, or safety concerns.
Aside from these limits, employers can terminate employees for good cause, bad cause, or no cause at all.
PIP or terminate
Deciding whether to put an employee on a PIP or terminate must be decided on a case-by-case basis.
A PIP is usually for job performance issues (hence, performance improvement plan). This could mean anything from not making enough sales to being inept at the job’s essential functions. If job performance doesn’t improve under the PIP, termination may be the end result depending on company policies and practices.
Even if an employee has job performance issues, the employer can terminate without going through the PIP process first, unless the usual process is to implement a PIP with employees who have had similar problems. In that case, not doing a PIP could be seen as discrimination against an employee, especially if the person falls into a protected class.
Workplace misconduct, however, is another situation altogether. This could be anything from a one-off poor joke to pervasive harassment. Snapping at customers or coworkers (or worse), for example, is a conduct issue. An employer could issue a warning or move right to termination if the behavior is clearly illegal or a serious threat to workplace safety.
| Read more: ezExplanation on discharging employees |
Termination tips
If an employer decides to terminate, they should treat the employee as respectfully as possible during the termination process. Also, an employer should carefully and clearly communicate the job-related reasons for the termination to avoid any hint of discrimination. Lastly, an employer should document the reasons and reiterate the steps taken leading up to the termination and keep those records handy in case the employee files a wrongful termination lawsuit.
Key to remember: Employers sometimes struggle when making termination decisions. Having a process in place and documenting steps along the way can help if a case lands in court.
Most Popular Highlights In Safety & Health
NewsIndustry NewsSafety & HealthGeneral Industry SafetyForklifts and Powered TrucksFocus AreaIn-Depth ArticleEnglishPIT InspectionsUSA
2022-07-05T05:00:00Z
Safely maintaining forklift batteries
If employees work with forklifts and their batteries, they must understand the hazards of the liquid in those batteries.
According to OSHA’s forklift standard at 1910.178(g)(7), “When charging batteries, acid shall be poured into water; water shall not be poured into acid.” This can be confusing because workers commonly add distilled water to battery cells.
What OSHA is referring to is the initial mixing of sulfuric acid with water to create an electrolyte solution. Electrolyte solution is added to battery cells when the acid level is so low that a charge cannot be maintained.
What is an electrolyte?
Pure water will not carry an electric current, but adding sulfuric acid creates an electrolyte solution that allows the electric current to pass. Employees may need to mix concentrated sulfuric acid with distilled (pure) water to make the electrolyte solution.
The chemical reaction of mixing sulfuric acid with water can generate heat, resulting in a violent reaction. Because of this reaction, when mixing an electrolyte solution for forklift batteries, always add acid to the water to avoid the hazard of smoking and splattering.
When transferring acid from a large container, it’s a good idea to use a siphon. It’s much easier to control, reducing the chance for spilling or splashing. Splashed acid will eat holes in cloth and skin, so wearing protective equipment during this task is essential, including gloves, long sleeves, and goggles.
Maintaining battery cells
Normal forklift operations cause water in the battery cells to evaporate. If the fluid level in the cells is low, add distilled water before charging. Never add water immediately after a charge.
When the electrolyte level is low, clean off the top of the battery. Remove the battery’s filter caps and add distilled water to the cells. Be sure that the filter caps are tightened securely after the cells are filled.
If workers are not fully trained and authorized to perform this function, they must not attempt to add fluids of any kind to batteries.
NewsIndustry NewsLockout/TagoutSafety & HealthLockout/TagoutGeneral Industry SafetyIn-Depth ArticleEnglishLockout/Tagout Authorized WorkersFocus AreaUSA
2020-12-30T06:00:00Z
Recognizing lockout/tagout training concerns
All employees involved in lockout/tagout require training. The authorized employees (those doing the maintenance work) have the most responsibility and require the most training. However, affected employees (those who operate machines being serviced) also need some training. In addition, some other employees (those working in an area where lockout or tagout is used) may require training so they don’t inadvertently interfere with the lockout/tagout process.
Retraining is required when there’s a change in the job, equipment, or process. Those changes could impact all categories of employees (authorized, affected, and other).
Retraining is also required when a periodic inspection reveals a problem. The periodic inspection is an annual review of the energy control procedure to ensure that it is adequate and is actually being followed.
Follow the procedures
Mechanics may work on dozens of machines, and each machine may have unique lockout/tagout procedures. But do the mechanics actually read and follow the procedures for each machine? Or do they just “know what to do” based on experience? Could other maintenance staff follow the procedures as written?
Make sure that authorized employees actually follow the procedures. If they are unsure about any part of a procedure, or if they skip a step that doesn’t make sense, then the procedure should be updated.
If additional training is needed, it may be best to conduct the training at the machine and ask the mechanics to indicate where the procedure is unclear. If the questions are more than the training group can handle, you may need to call in an expert (electrician, engineer, etc.).
As necessary, revise the procedure until it’s understandable. You want the procedures to be accurate and easy to use. If veteran mechanics think the procedure is hard to follow (or if they have ideas on how to improve the written steps), you want to correct those issues before contractors or new employees need to rely on the procedure.
Complete and accurate procedures not only keep your company in compliance, but help keep your employees safe.
NewsIndustry NewsSafety & HealthGeneral Industry SafetyWalking Working SurfacesIn-Depth ArticleWalking Working SurfacesEnglishFocus AreaUSA
2021-12-16T06:00:00Z
Walking-working Surface Handout
Don’t get tripped up by OSHA’s walking-working surfaces standard
There are many slips, trips, and fall hazards on construction sites. Employers must be proactive to find and fix these workplace hazards BEFORE they become an issue. Exposure to these types of hazards can pose a significant risk of death or serious harm to workers.
Employers can use a fall protection method or system that works best for the work operation. Regular inspections and training will help employers prevent and eliminate walking-working surface hazards.
What is a walking-working surface?
OSHA’s 1926.500(b)(2) says a walking-working surface is a horizontal or vertical surface. For example, it would include floors, roofs, ramps, bridges, runways, formwork, and concrete reinforcing steel but not include ladders, vehicles, or trailers where employees can stand. You must identify and eliminate walking-working surface hazards with proactive measures such as fall protection. Fall protection includes using: covers, designated areas, guardrails, handrails, personal fall protection systems, ladder safety systems, and safety nets.
Employers should perform regular inspections to identify and mitigate slips, trips, and fall hazards.
Things to keep in mind while performing these inspections include:
- Passageways, storerooms, service rooms, and walking-working surfaces must be kept clean, orderly, and sanitary.
- Walking-working surfaces must have a proper load rating to safely support loads applied to it.
- If a corrective action or repair cannot be made immediately, the hazard must be guarded to prevent employees from using the walking-working surface.
- False floors, platforms, and mats must be provided when wet processes are used;
- Hazardous conditions on walking-working surfaces must be corrected or repaired before an employee can use it again.
- Employers must provide safe access and egress to and from walking-working surfaces.
- Protruding objects, loose boards, corrosion, leaks, spills, snow, and ice, are not allowed on walking-working surfaces.
- Only a qualified person can repair structural integrity issues on a walking-working surface.
NewsIndustry NewsSafety & HealthElectrical SafetyGeneral Industry SafetyElectrical SafetyIn-Depth ArticleEnglishClearance DistancesFocus AreaUSA
2025-11-14T06:00:00Z
Beware of these common electrical safety violations
Electrical safety violations are among the most-cited General Industry standards. The combined total citations under 1910.303 and 1910.305 exceeded the machine guarding violations last year. Neither standard requires training, but training could help avoid citations and injuries.
The industries most often cited under those two standards include manufacturing, retail, wholesale, lodging and food service, and transportation and warehousing. OSHA commonly issues citations for things like:
- Using portable fans that were not approved for industrial locations,
- Leaving electrical boxes open,
- Failing to maintain sufficient space around electrical boxes, and
- Improperly using flexible cords or extension cords.
Use equipment properly
Paragraph 1910.303(b) covers examination, installation, and use of equipment. It includes a kind of a “general duty clause” that states, “Electric equipment shall be free from recognized hazards that are likely to cause death or serious physical harm to employees.”
Since electricity could cause serious harm, OSHA can cite that paragraph for a number of hazards. Citations include things like damaged insulation on wiring or exposed electrical parts of equipment motors. However, that isn’t the most frequently cited paragraph.
Sub-paragraph 1910.303(b)(2) gets cited most often. It states, “Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling.” Essentially, this tells employers to follow manufacturer instructions when using electrical equipment. OSHA uses this for violations like improperly using power strips or allowing employees to use outlets that were not correctly installed.
For related information, see our article, Five things to know before letting employees work with electricity.
Another frequently cited issue is failing to maintain access and working space around electrical equipment. Paragraph 1910.303(g)(1) requires sufficient access and space to allow safe operation and maintenance, describes specific distances, prohibits using the working space for storage, and requires guarding when live parts are exposed for inspection or service.
Wiring issues
The other commonly-cited electrical standard is 1910.305, covering wiring methods and more. These violations include issues such as outlets or switches without covers, or improperly using flexible cords (such as extension cords) where permanent wiring should be used.
One of the most-cited paragraphs is 1910.305(b)(1)(ii) which says, “Unused openings in cabinets, boxes, and fittings shall be effectively closed.” For example, if a circuit breaker panel has an unused breaker space, it must be filled with a blank. It cannot be left open, and placing tape over the empty slot is not sufficient.
Another frequently-cited paragraph is (g)(2)(iii), which says: “Flexible cords and cables shall be connected to devices and fittings so that strain relief is provided that will prevent pull from being directly transmitted to joints or terminal screws.” OSHA uses this when saws or other equipment gets power through flexible cables coming from an electrical panel.
The Bureau of Labor Statistics lists more than 2,000 injuries from exposure to electricity each year and around 150 deaths per year. Neither of the above standards specifically requires training workers on electrical safety, but employers should provide training on properly using (and not improperly using) electrical equipment and tools. For related information, see our article, What is the difference between qualified and unqualified electrical workers?
Key to remember: Electrical hazards from exposed electrical lines and improperly using equipment could be mitigated by training employees.
NewsPersonal Protective EquipmentIn-Depth ArticleEnglishWork ZonesIndustry NewsSafety VestsFleet SafetySafety & HealthConstruction SafetyGeneral Industry SafetyMaritime SafetyWork ZonesFlaggersFocus AreaTransportationUSA
2024-02-20T06:00:00Z
Safety vests: MUTCD overhaul rule shakes up mandates
The Federal Highway Administration (FHWA) finalized sweeping revisions for the 11th edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). Last updated in 2009, the MUTCD is the national standard for traffic signs, signals, and markings, including work zones. Changes took effect January 18.
Section 6C.05 (previously Section 6E.02), is entitled, “High-Visibility Safety Apparel.” It’s noteworthy that FHWA revises that section to replace the reference to the 2004 edition of ANSI/ISEA 107, American National Standard for High-Visibility Safety Apparel and Headwear,” with the 2015 edition.
What about OSHA?
OSHA work zone mandates are short on text, but they're found in 29 CFR 1926 Subpart G, Signs, Signals, and Barricades. The OSHA regulations specifically say:
- 1926.200(g) Traffic control signs and devices. (1) At points of hazard, construction areas shall be posted with legible traffic control signs and protected by traffic control devices. (2) The design and use of all traffic control devices, including signs, signals, markings, barricades, and other devices, for protection of construction workers shall conform to Part 6 of the MUTCD (incorporated by reference, see § 1926.6).
- 1926.201(a) Flaggers. Signaling by flaggers and the use of flaggers, including warning garments worn by flaggers, shall conform to Part 6 of the MUTCD (incorporated by reference, see § 1926.6).
How do OSHA and FHWA relate?
OSHA’s mission is to protect workers. FHWA, an arm of the DOT, aims to protect motorists/pedestrians. Yet, FHWA also provides protection for road workers under:
- 23 CFR 630, Subpart J, Work Zone Safety and Mobility;
- 23 CFR 630 Subpart K, Temporary Traffic Control Devices; and
- 23 CFR 655, Subpart F, Traffic Control Devices on Federal-Aid and Other Streets and Highways.
Both OSHA and DOT refer to the MUTCD for traffic control of work zones. However, the two agencies refer to different editions of the manual:
- FHWA 23 CFR 630 and 655 refer to the MUTCD, December 2023 edition; and
- OSHA 1926.200 and .201 refer only to Part 6 of the MUTCD, December 2009 edition (including Revisions 1 and 2, May 2012).
High-visibility safety apparel and FHWA
FHWA and Section 6C.05 of the 2023 MUTCD require all workers to wear high-visibility safety apparel if they are in the right-of-way and within a “temporary traffic control” (TTC) zone. This includes flaggers and emergency responders, night or day. The apparel must meet Performance Class 2 or 3 requirements of ANSI/ISEA 107-2015. The only exception is for emergency/incident responders and law enforcement in the TTC zone. In those cases, they may wear apparel that meets ANSI/ISEA 207-2006, American National Standard for High-Visibility Public Safety Vests.
In all cases, the apparel background material color must be fluorescent orange-red, fluorescent yellow-green, or a combination of the two. The retroreflective material must be orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors.
High-visibility safety apparel and OSHA
OSHA still adheres to the 2009 MUTCD as revised in 2012. Section 6E.01 requires flaggers to wear high-visibility safety apparel that meets Performance Class 2 or 3 requirements of ANSI/ISEA 107-2004.
The OSHA-adopted MUTCD calls for the apparel background material color to be fluorescent orange-red, fluorescent yellow-green, or a combination of the two. The retroreflective material must be visible from at least 1,000 feet and be orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors. Moreover, the apparel must clearly identify the wearer as a person.
OSHA’s de minimis policy
When both FHWA and OSHA regulations apply, which MUTCD and ANSI standard do you follow? The answer may be found in a May 11, 2004, OSHA letter of interpretation. The letter explains, “Under OSHA's de minimis policy, compliance with more current DOT requirements, or with more current ANSI or other applicable nationally recognized consensus standards, is acceptable, so long as such standards are at least as protective as the OSHA requirement.”
Under OSHA's de minimis policy, the violations have no direct or immediate relationship to safety or health, so they are considered de minimis. De minimis violations of standards exist when you comply with the clear intent of the standard but deviate from its particular requirements, and there’s no direct or immediate impact on the safety and health of workers. OSHA says it does not impose penalties or require correction of de minimis violations.
The letter adds that high-visibility apparel is required not only under 29 CFR 1926 Subpart G but also Section 5(a)(1) of the OSH Act (General Duty Clause) to protect employees exposed to traffic hazards while working in road construction work zones.
Key to remember
FHWA revised the MUTCD, including high-visibility apparel requirements. OSHA’s regulations have not changed, but where FHWA and OSHA both apply, employers may turn to OSHA’s de minimis policy.
NewsIndustry NewsExcavationsSafety & HealthExcavationsGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
2021-03-09T06:00:00Z
Avoid placing loads on the leading edges of your excavations
Spoil piles, equipment, and materials placed too close to the leading edge of an excavation could increase the chances for a collapse. Having a competent person assess your excavation for these hazards can reduce the likelihood of an incident occurring:
- Surcharge loads,
- Equipment vibration,
- Adverse weather conditions, and
- Groundwater.
These four hazards can change the condition and classification of soils. A competent person must consider all these hazards when determining if the excavation is safe to enter and how far to place loads away from the leading edge.
Surcharge Loads
Surcharge loads place downward pressures on the surrounding soil. Understanding how load placement can affect soil stability can help your workers prevent a collapse. OSHA 1926.651, Specific Excavation Requirements, requires that materials and equipment are not placed within two feet of an excavation’s leading edge. Many workers incorrectly apply this rule for cave-in prevention. But it’s for preventing things from rolling or falling into the excavation, not for cave-in protection.
Surcharge loads, like spoil piles placed two feet away from the leading edge of an excavation, place downward loads onto the soil. This force puts increasing pressure on the vertical walls of an excavation or trench. As more dirt is added to the pile, the pressure to the sidewalls increases, which eventually can result in a cave-in. Two feet may not be adequate to prevent a cave-in. As more load is placed near the edge from materials, workers, or equipment, the chances for a collapse increase.
Equipment Vibration
The soil surrounding an excavation has the greatest load-bearing capacity when it’s densely packed. You’ll often see workers compacting the soil under roadways, around excavations, or underneath building foundations so that voids can be filled in. If these voids aren’t filled in properly, and the soil is loose and granular, the ground can shift and settle unevenly.
When equipment is operating near the leading edge of an excavation, vibrations in the soil can cause it to lose its density as it separates. Other conditions, such as adverse weather conditions and groundwater, can increase the effects of soil separation, leading to the failure of an excavation’s sidewall. A competent person on your jobsite needs to determine how far back from the edge materials, spoil piles, and equipment needs to be placed to prevent a collapse. Don’t assume that two feet away will always be adequate.
Equipment vibrations have varying effects on different types of soil classifications. Class A soil is cohesive and doesn’t crumble. So, it may have little to no impact from vibrations. Class B soil has little or no clay content, and dry soil may crumble easily under vibration. Class C soil is coarse and has the least resistance to vibrations. Your jobsite competent person should be knowledgeable in soil assessment and classification. If not, consider consulting with a registered geotechnical engineer.
Adverse Weather Conditions
Soil conditions can be affected by adverse weather conditions such as wind, temperature, snow, rain, and hail. Surface water from rain and melting snow can saturate the soil, causing a reduction in its load-bearing strength. The temperature on a jobsite can vary from the early morning hours to late in the afternoon. Throughout the day, the temperature difference, especially during the winter months, can create a freezing and thawing cycle, causing the ground to heave.
Wind, sunshine, hail, and other weather conditions can affect soil cohesiveness and increase cave-in risks to an excavation. Check the weather frequently and plan excavation work accordingly to prevent increase exposure to collapse. Weather conditions should be a regular safety topic during your daily planning and safety meetings.
Groundwater
Groundwater is managed with dewatering pumps. A laborer dewaters all excavations before the start of the work shift in the morning. Groundwater can engulf an excavation and cause the sidewalls to become saturated with water. As the excavation is dewatered, the sidewalls can sluff down and cave-in from the soil’s increased weight. As the soil dries, it can become brittle.
Groundwater management should be a proactive activity, not reactive, to prevent the sidewalls from becoming too saturated. Install pumps to automatically remove water from the excavation when it reaches a certain level. Loads should be placed an adequate distance away from the leading edge if the groundwater can rise unexpectedly between shifts or when nobody is onsite.
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