[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: 40CFR141.707]

[Page 599-601]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 141_NATIONAL PRIMARY DRINKING WATER REGULATIONS--Table of Contents
 
            Subpart W_Enhanced Treatment for Cryptosporidium
 
Sec. 141.707  Grandfathering previously collected data.

    (a)(1) Systems may comply with the initial source water monitoring 
requirements of Sec. 141.701(a) by grandfathering sample results 
collected before the system is required to begin monitoring (i.e., 
previously collected data). To be grandfathered, the sample results and 
analysis must meet the criteria in this section and the State must 
approve.
    (2) A filtered system may grandfather Cryptosporidium samples to 
meet the requirements of Sec. 141.701(a) when the system does not have 
corresponding E. coli and turbidity samples. A system that grandfathers 
Cryptosporidium samples without E. coli and turbidity samples is not 
required to collect E. coli and turbidity samples when the system 
completes the requirements for Cryptosporidium monitoring under Sec. 
141.701(a).
    (b) E. coli sample analysis. The analysis of E. coli samples must 
meet the analytical method and approved laboratory requirements of 
Sec. Sec. 141.704 through 141.705.
    (c) Cryptosporidium sample analysis. The analysis of Cryptosporidium 
samples must meet the criteria in this paragraph.
    (1) Laboratories analyzed Cryptosporidium samples using one of the 
analytical methods in paragraphs (c)(1)(i) through (vi) of this section, 
which are incorporated by reference. The Director of the Federal 
Register approves this incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of these methods 
on-line from the United States Environmental Protection Agency, Office 
of Ground Water and Drinking Water, 1201 Constitution Ave, NW, 
Washington, DC 20460 (Telephone: 800-426-4791). You may inspect a copy 
at the Water Docket in the EPA Docket Center, 1301 Constitution Ave., 
NW, Washington, DC, (Telephone: 202-566-2426) or at the National 
Archives and Records Administration (NARA). For information on

[[Page 600]]

the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal-- register/code--of--federal-- 
regulations/ibr--locations.html.
    (i) Method 1623: Cryptosporidium and Giardia in Water by Filtration/
IMS/FA, 2005, United States Environmental Protection Agency, EPA-815-R-
05-002.
    (ii) Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 
2005, United States Environmental Protection Agency, EPA-815-R-05-001.
    (iii) Method 1623: Cryptosporidium and Giardia in Water by 
Filtration/IMS/FA, 2001, United States Environmental Protection Agency, 
EPA-821-R-01-025.
    (iv) Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 
2001, United States Environmental Protection Agency, EPA-821--R-01-026.
    (v) Method 1623: Cryptosporidium and Giardia in Water by Filtration/
IMS/FA, 1999, United States Environmental Protection Agency, EPA-821-R-
99-006.
    (vi) Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 
1999, United States Environmental Protection Agency, EPA-821-R-99-001.
    (2) For each Cryptosporidium sample, the laboratory analyzed at 
least 10 L of sample or at least 2 mL of packed pellet or as much volume 
as could be filtered by 2 filters that EPA approved for the methods 
listed in paragraph (c)(1) of this section.
    (d) Sampling location. The sampling location must meet the 
conditions in Sec. 141.703.
    (e) Sampling frequency. Cryptosporidium samples were collected no 
less frequently than each calendar month on a regular schedule, 
beginning no earlier than January 1999. Sample collection intervals may 
vary for the conditions specified in Sec. 141.702(b)(1) and (2) if the 
system provides documentation of the condition when reporting monitoring 
results.
    (1) The State may approve grandfathering of previously collected 
data where there are time gaps in the sampling frequency if the system 
conducts additional monitoring the State specifies to ensure that the 
data used to comply with the initial source water monitoring 
requirements of Sec. 141.701(a) are seasonally representative and 
unbiased.
    (2) Systems may grandfather previously collected data where the 
sampling frequency within each month varied. If the Cryptosporidium 
sampling frequency varied, systems must follow the monthly averaging 
procedure in Sec. 141.710(b)(5) or Sec. 141.712(a)(3), as applicable, 
when calculating the bin classification for filtered systems or the mean 
Cryptosporidium concentration for unfiltered systems.
    (f) Reporting monitoring results for grandfathering. Systems that 
request to grandfather previously collected monitoring results must 
report the following information by the applicable dates listed in this 
paragraph. Systems serving at least 10,000 people must report this 
information to EPA unless the State approves reporting to the State 
rather than EPA. Systems serving fewer than 10,000 people must report 
this information to the State.
    (1) Systems must report that they intend to submit previously 
collected monitoring results for grandfathering. This report must 
specify the number of previously collected results the system will 
submit, the dates of the first and last sample, and whether a system 
will conduct additional source water monitoring to meet the requirements 
of Sec. 141.701(a). Systems must report this information no later than 
the date the sampling schedule under Sec. 141.702 is required.
    (2) Systems must report previously collected monitoring results for 
grandfathering, along with the associated documentation listed in 
paragraphs (f)(2)(i) through (iv) of this section, no later than two 
months after the applicable date listed in Sec. 141.701(c).
    (i) For each sample result, systems must report the applicable data 
elements in Sec. 141.706.
    (ii) Systems must certify that the reported monitoring results 
include all results the system generated during the time period 
beginning with the first reported result and ending with the final 
reported result. This applies to samples that were collected from the 
sampling location specified for source water monitoring under this 
subpart, not spiked, and analyzed using the laboratory's routine process 
for the analytical methods listed in this section.

[[Page 601]]

    (iii) Systems must certify that the samples were representative of a 
plant's source water(s) and the source water(s) have not changed. 
Systems must report a description of the sampling location(s), which 
must address the position of the sampling location in relation to the 
system's water source(s) and treatment processes, including points of 
chemical addition and filter backwash recycle.
    (iv) For Cryptosporidium samples, the laboratory or laboratories 
that analyzed the samples must provide a letter certifying that the 
quality control criteria specified in the methods listed in paragraph 
(c)(1) of this section were met for each sample batch associated with 
the reported results. Alternatively, the laboratory may provide bench 
sheets and sample examination report forms for each field, matrix spike, 
IPR, OPR, and method blank sample associated with the reported results.
    (g) If the State determines that a previously collected data set 
submitted for grandfathering was generated during source water 
conditions that were not normal for the system, such as a drought, the 
State may disapprove the data. Alternatively, the State may approve the 
previously collected data if the system reports additional source water 
monitoring data, as determined by the State, to ensure that the data set 
used under Sec. 141.710 or Sec. 141.712 represents average source 
water conditions for the system.
    (h) If a system submits previously collected data that fully meet 
the number of samples required for initial source water monitoring under 
Sec. 141.701(a) and some of the data are rejected due to not meeting 
the requirements of this section, systems must conduct additional 
monitoring to replace rejected data on a schedule the State approves. 
Systems are not required to begin this additional monitoring until two 
months after notification that data have been rejected and additional 
monitoring is necessary.

          Disinfection Profiling and Benchmarking Requirements