[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.65]

[Page 669-670]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
  Subpart G_Identification of Best Technology, Treatment Techniques or 
 
Sec. 142.65  Variances and exemptions from the maximum contaminant levels for 

radionuclides.

    (a)(1) Variances and exemptions from the maximum contaminant levels 
for combined radium-226 and radium-228, uranium, gross alpha particle 
activity (excluding Radon and Uranium), and beta particle and photon 
radioactivity.
    (i) The Administrator, pursuant to section 1415(a)(1)(A) of the Act, 
hereby identifies the following as the best available technology, 
treatment techniques, or other means available for achieving compliance 
with the maximum contaminant levels for the radionuclides listed in 
Sec. 141.66(b), (c), (d), and (e) of this chapter, for the purposes of 
issuing variances and exemptions, as shown in Table A to this paragraph.

         Table A--BAT for Radionuclides Listed in Sec.  141.66
------------------------------------------------------------------------
                Contaminant                              BAT
------------------------------------------------------------------------
Combined radium-226 and radium-228........  Ion exchange, reverse
                                             osmosis, lime softening.
Uranium...................................  Ion exchange, reverse
                                             osmosis, lime softening,
                                             coagulation/filtration.
Gross alpha particle activity (excluding    Reverse osmosis.
 radon and uranium).
Beta particle and photon radioactivity....  Ion exchange, reverse
                                             osmosis.
------------------------------------------------------------------------

    (ii) In addition, the Administrator hereby identifies the following 
as the best available technology, treatment techniques, or other means 
available for achieving compliance with the maximum contaminant levels 
for the radionuclides listed in Sec. 141.66(b), (c), (d), and (e) of 
this chapter, for the purposes of issuing variances and exemptions to 
small drinking water systems, defined here as those serving 10,000 
persons or fewer, as shown in Table C to this paragraph.

         Table B--List of Small Systems Compliance Technologies for Radionuclides and Limitations to Use
----------------------------------------------------------------------------------------------------------------
                                           Limitations
            Unit technologies                 (see          Operator skill level      Raw water quality range &
                                           footnotes)           required \1\              considerations \1\
----------------------------------------------------------------------------------------------------------------
1. Ion exchange (IE)....................        (\a\)   Intermediate...............  All ground waters.
2. Point of use (POU \2\ ) IE...........        (\b\)   Basic......................  All ground waters.
3. Reverse osmosis (RO).................        (\c\)   Advanced...................  Surface waters usually
                                                                                      require pre-filtration.
4. POU \2\ RO...........................        (\b\)   Basic......................  Surface waters usually
                                                                                      require pre-filtration.
5. Lime softening.......................        (\d\)   Advanced...................  All waters.
6. Green sand filtration................        (\e\)   Basic.
7. Co-precipitation with barium sulfate.        (\f\)   Intermediate to Advanced...  Ground waters with suitable
                                                                                      water quality.
8. Electrodialysis/electrodialysis        ............  Basic to Intermediate......  All ground waters.
 reversal.
9. Pre-formed hydrous manganese oxide           (\g\)   Intermediate...............  All ground waters.
 filtration.
10. Activated alumina...................  (\a\), (\h\)  Advanced...................  All ground waters;
                                                                                      competing anion
                                                                                      concentrations may affect
                                                                                      regeneration frequency.
11. Enhanced coagulation/filtration.....        (\i\)   Advanced...................  Can treat a wide range of
                                                                                      water qualities.
----------------------------------------------------------------------------------------------------------------
\1\ National Research Council (NRC). Safe Water from Every Tap: Improving Water Service to Small Communities.
  National Academy Press. Washington, D.C. 1997.
\2\ A POU, or ``point-of-use'' technology is a treatment device installed at a single tap used for the purpose
  of reducing contaminants in drinking water at that one tap. POU devices are typically installed at the kitchen
  tap. See the April 21, 2000 NODA for more details.

Limitations Footnotes: Technologies for Radionuclides:
\a\ The regeneration solution contains high concentrations of the contaminant ions. Disposal options should be
  carefully considered before choosing this technology.
\b\ When POU devices are used for compliance, programs for long-term operation, maintenance, and monitoring must
  be provided by water utility to ensure proper performance.
\c\ Reject water disposal options should be carefully considered before choosing this technology. See other RO
  limitations described in the SWTR compliance technologies table.
\d\ The combination of variable source water quality and the complexity of the water chemistry involved may make
  this technology too complex for small surface water systems.
\e\ Removal efficiencies can vary depending on water quality.
\f\ This technology may be very limited in application to small systems. Since the process requires static
  mixing, detention basins, and filtration, it is most applicable to systems with sufficiently high sulfate
  levels that already have a suitable filtration treatment train in place.

[[Page 670]]


\g\ This technology is most applicable to small systems that already have filtration in place.
\h\ Handling of chemicals required during regeneration and pH adjustment may be too difficult for small systems
  without an adequately trained operator.
\i\ Assumes modification to a coagulation/filtration process already in place.


          Table C--BAT for Small Community Water Systems for the Radionuclides Listed in Sec.  141.66
----------------------------------------------------------------------------------------------------------------
                                           Compliance technologies \1\ for system size categories (population
                                                                        served)
             Contaminant              --------------------------------------------------------------------------
                                                25-500                 501-3,300               3,300-10,000
----------------------------------------------------------------------------------------------------------------
Combined radium-226 and radium-228...  1, 2, 3, 4, 5, 6, 7, 8,  1, 2, 3, 4, 5, 6, 7, 8,  1, 2, 3, 4, 5, 6, 7, 8,
                                        9.                       9.                       9.
Gross alpha particle activity........  3, 4...................  3, 4...................  3, 4.
Beta particle activity and photon      1, 2, 3, 4.............  1, 2, 3, 4.............  1, 2, 3, 4.
 activity.
Uranium..............................  1, 2, 4, 10, 11........  1, 2, 3, 4, 5, 10, 11..  1, 2, 3, 4, 5, 10, 11.
----------------------------------------------------------------------------------------------------------------
\1\ Note: Numbers correspond to those technologies found listed in the table B to this paragraph.

    (2) A State shall require community water systems to install and/or 
use any treatment technology identified in Table A to this section, or 
in the case of small water systems (those serving 10,000 persons or 
fewer), Table B and Table C of this section, as a condition for granting 
a variance except as provided in paragraph (a)(3) of this section. If, 
after the system's installation of the treatment technology, the system 
cannot meet the MCL, that system shall be eligible for a variance under 
the provisions of section 1415(a)(1)(A) of the Act.
    (3) If a community water system can demonstrate through 
comprehensive engineering assessments, which may include pilot plant 
studies, that the treatment technologies identified in this section 
would only achieve a de minimus reduction in the contaminant level, the 
State may issue a schedule of compliance that requires the system being 
granted the variance to examine other treatment technologies as a 
condition of obtaining the variance.
    (4) If the State determines that a treatment technology identified 
under paragraph (a)(3) of this section is technically feasible, the 
Administrator or primacy State may require the system to install and/or 
use that treatment technology in connection with a compliance schedule 
issued under the provisions of section 1415(a)(1)(A) of the Act. The 
State's determination shall be based upon studies by the system and 
other relevant information.
    (5) The State may require a community water system to use bottled 
water, point-of-use devices, point-of-entry devices or other means as a 
condition of granting a variance or an exemption from the requirements 
of Sec. 141.66 of this chapter, to avoid an unreasonable risk to 
health.
    (6) Community water systems that use bottled water as a condition 
for receiving a variance or an exemption from the requirements of Sec. 
141.66 of this chapter must meet the requirements specified in either 
Sec. 142.62(g)(1) or Sec. 142.62(g)(2) and (g)(3).
    (7) Community water systems that use point-of-use or point-of-entry 
devices as a condition for obtaining a variance or an exemption from the 
radionuclides NPDWRs must meet the conditions in Sec. 142.62(h)(1) 
through (h)(6).
    (b) [Reserved]

[65 FR 76751, Dec. 7, 2000]