Navigating the Code of Federal Regulations What s In It For Me?

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1 Navigating the Code of Federal Regulations What s In It For Me? VAAWWA/VWEA Good Lab Practice Workshop Charlottesville, VA July 24, 2017 Hugh Eggborn, PE, Engineering Field Director VDH Office of Drinking Water Culpeper, VA 1

2 Code of Federal Regulations (CFR) Rules and regulations of the federal government Divided into 50 subject matter categories called Titles Further divided into chapters, parts, subparts, sections, and paragraphs Federal agencies are assigned specific Titles and chapters 2

3 Code of Federal Regulations (CFR) Title 40 Protection of Environment assigned to EPA Uniform numbering system example: 40 CFR (a) Electronic version (e-cfr) is updated daily but is not for formal legal use 3

4 Title 40 of CFR Protection of Environment Covers air pollution, water, pesticides, radiation protection, noise, ocean dumping, solid wastes, superfund, sewage sludge, energy, toxic substances 40 CFR Part 136 Guidelines Establishing Test Procedures for the Analysis of Pollutants 40 CFR Part 141 National Primary Drinking Water Regulations 40 CFR Part 142 National Primary Drinking Water Regulations Implementation 40 CFR Part 143 National Secondary Drinking Water Regulations 4

5 40 CFR Part 141 National Primary Drinking Water Regulations Who Does It Apply To? Public Water Systems Public water system means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A public water system is either a community water system or a noncommunity water system. 5

6 40 CFR Part 141 National Primary Drinking Water Regulations What does it cover? Definitions Maximum Contaminant Levels (MCLs) and Goals (MCLGs) Treatment Techniques Monitoring and Analytical Requirements Reporting and Record Keeping 6

7 40 CFR Part 141 National Primary Drinking Water Regulations Maximum contaminant level (MCL) means the maximum permissable level of a contaminant in water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology. Maximum contaminant level goal (MCLG) means the maximum level of a contaminant at which no known or anticipated risk to health, and which allows an adequate margin of safety. MCLGs are nonenforceable health goals. Treatment Technique (TT) means a required process intended to reduce the level of a contaminant in drinking water. 7

8 40 CFR Part 141 National Primary Drinking Water Regulations What does it cover? Filtration & Disinfection Control of Lead & Copper Disinfection By-Products Consumer Confidence Reports Public Notification Special unregulated contaminants, Na, lead materials 8

9 40 CFR Part 141 National Primary Drinking Water Regulations Monitoring and Analytical Requirements Approved analytical methods Approved persons Approved laboratories 9

10 40 CFR Part 141 National Primary Drinking Water Regulations Approved analytical methods Specified for every contaminant Various organizations provide approved methods EPA DOE ASTM State agencies Standard Methods Private companies USGS 10

11 40 CFR Part 141 National Primary Drinking Water Regulations Approved laboratories and persons Certified laboratories. (a) For the purpose of determining compliance with through , , , , and , samples may be considered only if they have been analyzed by a laboratory certified by the State except that measurements of alkalinity, calcium, conductivity, disinfectant residual, orthophosphate, ph, silica, temperature and turbidity may be performed by any person acceptable to the State. 11

12 Difference between 40 CFR 136 and 40 CFR CFR 136 specifies approved procedures/test methods and use of suitable QA/QC procedures 40 CFR 141 specifies approved test methods and use of a certified lab 12

13 Difference between 40 CFR 136 and 40 CFR 141 In Virginia the difference disappears VELAP VA DCLS certifies/accredits labs for both drinking water and environmental samples under state law and regulations For drinking water 40 CFR 141/142 or VELAP For environmental samples VELAP (DEQ administered air, water, and waste management programs) 13

14 40 CFR Part 141 Implementation and Enforcement Virginia Department of Health has primacy Adopt regulations as stringent as the 40 CFR 141 Maintain inventory Conduct sanitary surveys Certify laboratories 14

15 40 CFR Part 141 Implementation and Enforcement Review the design/construction of new and modified water systems Enforcement program Maintain records Create plan for provision of safe water during emergencies 15

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