section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 14:14:3.0.1.2.17.1.3.1,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.1 Applicability.,FAA,,,"[Docket FAA-2023-1275, Amdt. 141-26, 89 FR 92488, Nov. 21, 2024]","This part prescribes the requirements for issuing pilot school certificates, provisional pilot school certificates, and associated ratings, and the general operating rules applicable to a holder of a certificate or rating issued under this part. Additional requirements for pilot schools seeking to provide training courses for powered-lift certification and ratings are set forth in part 194 of this chapter." 14:14:3.0.1.2.17.1.3.10,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.19 Display of certificate.,FAA,,,,"(a) Each holder of a pilot school certificate or a provisional pilot school certificate must display that certificate in a place in the school that is normally accessible to the public and is not obscured. (b) A certificate must be made available for inspection upon request by: (1) The Administrator; (2) An authorized representative of the National Transportation Safety Board; or (3) A Federal, State, or local law enforcement officer." 14:14:3.0.1.2.17.1.3.11,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.21 Inspections.,FAA,,,,"Each holder of a certificate issued under this part must allow the Administrator to inspect its personnel, facilities, equipment, and records to determine the certificate holder's: (a) Eligibility to hold its certificate; (b) Compliance with 49 U.S.C. 40101 et seq., formerly the Federal Aviation Act of 1958, as amended; and (c) Compliance with the Federal Aviation Regulations." 14:14:3.0.1.2.17.1.3.12,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.23 Advertising limitations.,FAA,,,,"(a) The holder of a pilot school certificate or a provisional pilot school certificate may not make any statement relating to its certification and ratings that is false or designed to mislead any person contemplating enrollment in that school. (b) The holder of a pilot school certificate or a provisional pilot school certificate may not advertise that the school is certificated unless it clearly differentiates between courses that have been approved under part 141 of this chapter and those that have not been approved under part 141 of this chapter. (c) The holder of a pilot school certificate or a provisional pilot school certificate must promptly remove: (1) From vacated premises, all signs indicating that the school was certificated by the Administrator; or (2) All indications (including signs), wherever located, that the school is certificated by the Administrator when its certificate has expired or has been surrendered, suspended, or revoked." 14:14:3.0.1.2.17.1.3.13,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.25 Business office and operations base.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997, as amended by Docket FAA-2018-0119, Amdt. 141-19, 83 FR 9175, Mar. 5, 2018]","(a) Each holder of a pilot school or a provisional pilot school certificate must maintain a principal business office with a mailing address in the name shown on its certificate. (b) The facilities and equipment at the principal business office must be adequate to maintain the files and records required to operate the business of the school. (c) The principal business office may not be shared with, or used by, another pilot school. (d) Before changing the location of the principal business office or the operations base, each certificate holder must notify the responsible Flight Standards office for the area of the new location, and the notice must be: (1) Submitted in writing at least 30 days before the change of location; and (2) Accompanied by any amendments needed for the certificate holder's approved training course outline. (e) A certificate holder may conduct training at an operations base other than the one specified in its certificate, if: (1) The Administrator has inspected and approved the base for use by the certificate holder; and (2) The course of training and any needed amendments have been approved for use at that base." 14:14:3.0.1.2.17.1.3.14,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.26 Training agreements.,FAA,,,"[Docket FAA-2010-0100, 78 FR 42379, July 15, 2013]","(a) A training center certificated under part 142 of this chapter may provide the training, testing, and checking for pilot schools certificated under this part and is considered to meet the requirements of this part, provided— (1) There is a training agreement between the certificated training center and the pilot school; (2) The training, testing, and checking provided by the certificated training center is approved and conducted under part 142; (3) The pilot school certificated under this part obtains the Administrator's approval for a training course outline that includes the training, testing, and checking to be conducted under this part and the training, testing, and checking to be conducted under part 142; and (4) Upon completion of the training, testing, and checking conducted under part 142, a copy of each student's training record is forwarded to the part 141 school and becomes part of the student's permanent training record. (b) A pilot school that provides flight training for an institution of higher education that holds a letter of authorization under § 61.169 of this chapter must have a training agreement with that institution of higher education." 14:14:3.0.1.2.17.1.3.15,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.27 Renewal of certificates and ratings.,FAA,,,,"(a) Pilot school. (1) A pilot school may apply for renewal of its school certificate and ratings within 30 days preceding the month the pilot school's certificate expires, provided the school meets the requirements prescribed in paragraph (a)(2) of this section for renewal of its certificate and ratings. (2) A pilot school may have its school certificate and ratings renewed for an additional 24 calendar months if the Administrator determines the school's personnel, aircraft, facility and airport, approved training courses, training records, and recent training ability and quality meet the requirements of this part. (3) A pilot school that does not meet the renewal requirements in paragraph (a)(2) of this section, may apply for a provisional pilot school certificate if the school meets the requirements of § 141.7 of this part. (b) Provisional pilot school. (1) Except as provided in paragraph (b)(3) of this section, a provisional pilot school may not have its provisional pilot school certificate or the ratings on that certificate renewed. (2) A provisional pilot school may apply for a pilot school certificate and associated ratings provided that school meets the requirements of § 141.5 of this part. (3) A former provisional pilot school may apply for another provisional pilot school certificate, provided 180 days have elapsed since its last provisional pilot school certificate expired." 14:14:3.0.1.2.17.1.3.16,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.29 [Reserved],FAA,,,, 14:14:3.0.1.2.17.1.3.2,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.3 Certificate required.,FAA,,,,"No person may operate as a certificated pilot school without, or in violation of, a pilot school certificate or provisional pilot school certificate issued under this part." 14:14:3.0.1.2.17.1.3.3,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.5 Requirements for a pilot school certificate.,FAA,,,"[Docket FAA-2006-26661, 74 FR 42563, Aug. 21, 2009, as amended by Amdt. 141-14, 75 FR 56858, Sept. 17, 2010; Docket FAA-2016-6142, Amdt. 141ndash;20, 83 FR 30283, June 27, 2018]","The FAA may issue a pilot school certificate with the appropriate ratings if, within the 24 calendar months before the date application is made, the applicant— (a) Completes the application for a pilot school certificate on the form and in the manner prescribed by the FAA; (b) Has held a provisional pilot school certificate; (c) Meets the applicable requirements under subparts A through C of this part for the school certificate and associated ratings sought; (d) Has established a pass rate of 80 percent or higher on the first attempt for all: (1) Knowledge tests leading to a certificate or rating; (2) Practical tests leading to a certificate or rating; (3) End-of-course tests for an approved training course specified in appendix K of this part; and (4) End-of-course tests for special curricula courses approved under § 141.57. (e) Has graduated at least 10 different people from the school's approved training courses." 14:14:3.0.1.2.17.1.3.4,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.7 Provisional pilot school certificate.,FAA,,,,"An applicant that meets the applicable requirements of subparts A, B, and C of this part, but does not meet the recent training activity requirements of § 141.5(d) of this part, may be issued a provisional pilot school certificate with ratings." 14:14:3.0.1.2.17.1.3.5,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.9 Examining authority.,FAA,,,"[Docket FAA-2006-26661, 74 FR 42563, Aug. 21, 2009]",The FAA issues examining authority to a pilot school for a training course if the pilot school and its training course meet the requirements of subpart D of this part. 14:14:3.0.1.2.17.1.3.6,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.11 Pilot school ratings.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997, as amended by Amdt. 141-17, 78 FR 42379, July 15, 2013; Amdt. 141-17A, 78 FR 53026, Aug. 28, 2013; Docket FAA-2023-0825, Amdt. 141-25, 89 FR 80054, Oct. 1, 2024]","(a) The ratings listed in paragraph (b) of this section may be issued to an applicant for: (1) A pilot school certificate, provided the applicant meets the requirements of § 141.5 of this part; or (2) A provisional pilot school certificate, provided the applicant meets the requirements of § 141.7 of this part. (b) An applicant may be authorized to conduct the following courses: (1) Certification and rating courses. (Appendixes A through J). (i) Recreational pilot course. (ii) Private pilot course. (iii) Commercial pilot course. (iv) Instrument rating course. (v) Airline transport pilot course. (vi) Flight instructor course. (vii) Flight instructor instrument course. (viii) Ground instructor course. (ix) Additional aircraft category or class rating course. (x) Aircraft type rating course. (2) Special preparation courses. (Appendix K). (i) Pilot refresher course. (ii) Flight instructor refresher course. (iii) Ground instructor refresher course. (iv) Agricultural aircraft operations course. (v) Rotorcraft external-load operations course. (vi) Special operations course. (vii) Test pilot course. (viii) Airline transport pilot certification training program. (ix) Flight instructor enhanced qualification training program. (3) Pilot ground school course. (Appendix L). (4) Combined Private Pilot Certification and Instrument Rating Course. (Appendix M)." 14:14:3.0.1.2.17.1.3.7,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,"§ 141.13 Application for issuance, amendment, or renewal.",FAA,,,,"(a) Application for an original certificate and rating, an additional rating, or the renewal of a certificate under this part must be made on a form and in a manner prescribed by the Administrator. (b) Application for the issuance or amendment of a certificate or rating must be accompanied by two copies of each proposed training course curriculum for which approval is sought." 14:14:3.0.1.2.17.1.3.8,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,§ 141.17 Duration of certificate and examining authority.,FAA,,,,"(a) Unless surrendered, suspended, or revoked, a pilot school's certificate or a provisional pilot school's certificate expires: (1) On the last day of the 24th calendar month from the month the certificate was issued; (2) Except as provided in paragraph (b) of this section, on the date that any change in ownership of the school occurs; (3) On the date of any change in the facilities upon which the school's certificate is based occurs; or (4) Upon notice by the Administrator that the school has failed for more than 60 days to maintain the facilities, aircraft, or personnel required for any one of the school's approved training courses. (b) A change in the ownership of a pilot school or provisional pilot school does not terminate that school's certificate if, within 30 days after the date that any change in ownership of the school occurs: (1) Application is made for an appropriate amendment to the certificate; and (2) No change in the facilities, personnel, or approved training courses is involved. (c) An examining authority issued to the holder of a pilot school certificate expires on the date that the pilot school certificate expires, or is surrendered, suspended, or revoked." 14:14:3.0.1.2.17.1.3.9,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,A,Subpart A—General,,"§ 141.18 Carriage of narcotic drugs, marijuana, and depressant or stimulant drugs or substances.",FAA,,,,"If the holder of a certificate issued under this part permits any aircraft owned or leased by that holder to be engaged in any operation that the certificate holder knows to be in violation of § 91.19(a) of this chapter, that operation is a basis for suspending or revoking the certificate." 14:14:3.0.1.2.17.2.3.1,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,B,"Subpart B—Personnel, Aircraft, and Facilities Requirements",,§ 141.31 Applicability.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, July 30, 1997]","(a) This subpart prescribes: (1) The personnel and aircraft requirements for a pilot school certificate or a provisional pilot school certificate; and (2) The facilities that a pilot school or provisional pilot school must have available on a continuous basis. (b) As used in this subpart, to have continuous use of a facility, including an airport, the school must have: (1) Ownership of the facility or airport for at least 6 calendar months after the date the application for initial certification and on the date of renewal of the school's certificate is made; or (2) A written lease agreement for the facility or airport for at least 6 calendar months after the date the application for initial certification and on the date of renewal of the school's certificate is made." 14:14:3.0.1.2.17.2.3.10,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,B,"Subpart B—Personnel, Aircraft, and Facilities Requirements",,§ 141.43 Pilot briefing areas.,FAA,,,,"(a) An applicant for a pilot school certificate or provisional pilot school certificate must show that the applicant has continuous use of a briefing area located at each airport at which training flights originate that is: (1) Adequate to shelter students waiting to engage in their training flights; (2) Arranged and equipped for the conduct of pilot briefings; and (3) Except as provided in paragraph (c) of this section, for a school with an instrument rating or commercial pilot course, equipped with private landline or telephone communication to the nearest FAA Flight Service Station. (b) A briefing area required by paragraph (a) of this section may not be used by the applicant if it is available for use by any other pilot school during the period it is required for use by the applicant. (c) The communication equipment required by paragraph (a)(3) of this section is not required if the briefing area and the flight service station are located on the same airport, and are readily accessible to each other." 14:14:3.0.1.2.17.2.3.11,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,B,"Subpart B—Personnel, Aircraft, and Facilities Requirements",,§ 141.45 Ground training facilities.,FAA,,,"[Docket FAA-2008-0938, 76 FR 54107, Aug. 31, 2011]","An applicant for a pilot school or provisional pilot school certificate must show that: (a) Except as provided in paragraph (c) of this section, each room, training booth, or other space used for instructional purposes is heated, lighted, and ventilated to conform to local building, sanitation, and health codes. (b) Except as provided in paragraph (c) of this section, the training facility is so located that the students in that facility are not distracted by the training conducted in other rooms, or by flight and maintenance operations on the airport. (c) If a training course is conducted through an internet-based medium, the holder of a pilot school certificate or provisional pilot school certificate that provides such training need not comply with paragraphs (a) and (b) of this section but must maintain in current status a permanent business location and business telephone number." 14:14:3.0.1.2.17.2.3.2,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,B,"Subpart B—Personnel, Aircraft, and Facilities Requirements",,§ 141.33 Personnel.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, July 30, 1997; Amdt. 141-12, 74 FR 42563, Aug. 21, 2009; Amdt. 141-17, 78 FR 42379, July 15, 2013; Amdt. 141-17A, 78 FR 53026, Aug. 28, 2013]","(a) An applicant for a pilot school certificate or for a provisional pilot school certificate must meet the following personnel requirements: (1) Each applicant must have adequate personnel, including certificated flight instructors, certificated ground instructors, or holders of a commercial pilot certificate with a lighter-than-air rating, and a chief instructor for each approved course of training who is qualified and competent to perform the duties to which that instructor is assigned. (2) If the school employs dispatchers, aircraft handlers, and line and service personnel, then it must instruct those persons in the procedures and responsibilities of their employment. (3) Each instructor to be used for ground or flight training must hold a flight instructor certificate, ground instructor certificate, or commercial pilot certificate with a lighter-than-air rating, as appropriate, with ratings for the approved course of training and any aircraft used in that course. (4) In addition to meeting the requirements of paragraph (a)(3) of this section, each instructor used for the airline transport pilot certification training program in § 61.156 of this chapter must: (i) Hold an airline transport pilot certificate with an airplane category multiengine class rating; (ii) Have at least 2 years of experience as a pilot in command in operations conducted under § 91.1053(a)(2)(i) or § 135.243(a)(1) of this chapter, or as a pilot in command or second in command in any operation conducted under part 121 of this chapter; and (iii) If providing training in a flight simulation training device, have received training and evaluation within the preceding 12 months from the certificate holder on— (A) Proper operation of flight simulator and flight training device controls and systems; (B) Proper operation of environmental and fault panels, (C) Data and motion limitations of simulation; (D) Minimum equipment requirements for each curriculum; and (E) The maneuvers that will be demonstrated in the flight simulation training device. (b) An applicant for a pilot school certificate or for a provisional pilot school certificate must designate a chief instructor for each of the school's approved training courses, who must meet the requirements of § 141.35 of this part. (c) When necessary, an applicant for a pilot school certificate or for a provisional pilot school certificate may designate a person to be an assistant chief instructor for an approved training course, provided that person meets the requirements of § 141.36 of this part. (d) A pilot school and a provisional pilot school may designate a person to be a check instructor for conducting student stage checks, end-of-course tests, and instructor proficiency checks, provided: (1) That person meets the requirements of § 141.37 of this part; and (2) The school has an enrollment of at least 10 students at the time designation is sought. (e) A person, as listed in this section, may serve in more than one position for a school, provided that person is qualified for each position." 14:14:3.0.1.2.17.2.3.3,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,B,"Subpart B—Personnel, Aircraft, and Facilities Requirements",,§ 141.34 Employment of former FAA employees.,FAA,,,"[Docket FAA-2008-1154, 76 FR 52236, Aug. 22, 2011]","(a) Except as specified in paragraph (c) of this section, no holder of a pilot school certificate or a provisional pilot school certificate may knowingly employ or make a contractual arrangement which permits an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration if the individual, in the preceding 2 years— (1) Served as, or was directly responsible for the oversight of, a Flight Standards Service aviation safety inspector; and (2) Had direct responsibility to inspect, or oversee the inspection of, the operations of the certificate holder. (b) For the purpose of this section, an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the agency if the individual makes any written or oral communication on behalf of the certificate holder to the agency (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a Flight Standards Service aviation safety inspector. (c) The provisions of this section do not prohibit a holder of a pilot school certificate or a provisional pilot school certificate from knowingly employing or making a contractual arrangement which permits an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration if the individual was employed by the certificate holder before October 21, 2011." 14:14:3.0.1.2.17.2.3.4,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,B,"Subpart B—Personnel, Aircraft, and Facilities Requirements",,§ 141.35 Chief instructor qualifications.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, July 30, 1997, as amended by Amdt. 141-10, 63 FR 20289, Apr. 23, 1998]","(a) To be eligible for designation as a chief instructor for a course of training, a person must meet the following requirements: (1) Hold a commercial pilot certificate or an airline transport pilot certificate, and, except for a chief instructor for a course of training solely for a lighter-than-air rating, a current flight instructor certificate. The certificates must contain the appropriate aircraft category and class ratings for the category and class of aircraft used in the course and an instrument rating, if an instrument rating is required for enrollment in the course of training; (2) Meet the pilot-in-command recent flight experience requirements of § 61.57 of this chapter; (3) Pass a knowledge test on— (i) Teaching methods; (ii) Applicable provisions of the “Aeronautical Information Manual”; (iii) Applicable provisions of parts 61, 91, and 141 of this chapter; and (iv) The objectives and approved course completion standards of the course for which the person seeks to obtain designation. (4) Pass a proficiency test on instructional skills and ability to train students on the flight procedures and maneuvers appropriate to the course; (5) Except for a course of training for gliders, balloons, or airships, the chief instructor must meet the applicable requirements in paragraphs (b), (c), and (d) of this section; and (6) A chief instructor for a course of training for gliders, balloons or airships is only required to have 40 percent of the hours required in paragraphs (b) and (d) of this section. (b) For a course of training leading to the issuance of a recreational or private pilot certificate or rating, a chief instructor must have: (1) At least 1,000 hours as pilot in command; and (2) Primary flight training experience, acquired as either a certificated flight instructor or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least— (i) 2 years and a total of 500 flight hours; or (ii) 1,000 flight hours. (c) For a course of training leading to the issuance of an instrument rating or a rating with instrument privileges, a chief instructor must have: (1) At least 100 hours of flight time under actual or simulated instrument conditions; (2) At least 1,000 hours as pilot in command; and (3) Instrument flight instructor experience, acquired as either a certificated flight instructor-instrument or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least— (i) 2 years and a total of 250 flight hours; or (ii) 400 flight hours. (d) For a course of training other than one leading to the issuance of a recreational or private pilot certificate or rating, or an instrument rating or a rating with instrument privileges, a chief instructor must have: (1) At least 2,000 hours as pilot in command; and (2) Flight training experience, acquired as either a certificated flight instructor or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least— (i) 3 years and a total of 1,000 flight hours; or (ii) 1,500 flight hours. (e) To be eligible for designation as chief instructor for a ground school course, a person must have 1 year of experience as a ground school instructor at a certificated pilot school." 14:14:3.0.1.2.17.2.3.5,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,B,"Subpart B—Personnel, Aircraft, and Facilities Requirements",,§ 141.36 Assistant chief instructor qualifications.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, July 30, 1997, as amended by Amdt. 141-10, 63 FR 20289, Apr. 23, 1998]","(a) To be eligible for designation as an assistant chief instructor for a course of training, a person must meet the following requirements: (1) Hold a commercial pilot or an airline transport pilot certificate and, except for the assistant chief instructor for a course of training solely for a lighter-than-air rating, a current flight instructor certificate. The certificates must contain the appropriate aircraft category, class, and instrument ratings if an instrument rating is required by the course of training for the category and class of aircraft used in the course; (2) Meet the pilot-in-command recent flight experience requirements of § 61.57 of this chapter; (3) Pass a knowledge test on— (i) Teaching methods; (ii) Applicable provisions of the “Aeronautical Information Manual”; (iii) Applicable provisions of parts 61, 91, and 141 of this chapter; and (iv) The objectives and approved course completion standards of the course for which the person seeks to obtain designation. (4) Pass a proficiency test on the flight procedures and maneuvers appropriate to that course; and (5) Meet the applicable requirements in paragraphs (b), (c), and (d) of this section. However, an assistant chief instructor for a course of training for gliders, balloons, or airships is only required to have 40 percent of the hours required in paragraphs (b) and (d) of this section. (b) For a course of training leading to the issuance of a recreational or private pilot certificate or rating, an assistant chief instructor must have: (1) At least 500 hours as pilot in command; and (2) Flight training experience, acquired as either a certificated flight instructor or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least— (i) 1 year and a total of 250 flight hours; or (ii) 500 flight hours. (c) For a course of training leading to the issuance of an instrument rating or a rating with instrument privileges, an assistant chief flight instructor must have: (1) At least 50 hours of flight time under actual or simulated instrument conditions; (2) At least 500 hours as pilot in command; and (3) Instrument flight instructor experience, acquired as either a certificated flight instructor-instrument or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least— (i) 1 year and a total of 125 flight hours; or (ii) 200 flight hours. (d) For a course of training other than one leading to the issuance of a recreational or private pilot certificate or rating, or an instrument rating or a rating with instrument privileges, an assistant chief instructor must have: (1) At least 1,000 hours as pilot in command; and (2) Flight training experience, acquired as either a certificated flight instructor or an instructor in a military pilot flight training program, or a combination thereof, consisting of at least— (i) 1 1/2 years and a total of 500 flight hours; or (ii) 750 flight hours. (e) To be eligible for designation as an assistant chief instructor for a ground school course, a person must have 6 months of experience as a ground school instructor at a certificated pilot school." 14:14:3.0.1.2.17.2.3.6,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,B,"Subpart B—Personnel, Aircraft, and Facilities Requirements",,§ 141.37 Check instructor qualifications.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, July 30, 1997, as amended by Docket FAA-2018-0119, Amdt. 141-19, 83 FR 9175, Mar. 5, 2018; Docket FAA-2023-1275, Amdt. 141-26, 89 FR 92488, Nov. 21, 2024]","(a) To be designated as a check instructor for conducting student stage checks, end-of-course tests, and instructor proficiency checks under this part, a person must meet the eligibility requirements of this section: (1) For checks and tests that relate to either flight or ground training, the person must pass a test, given by the chief instructor, on— (i) Teaching methods; (ii) Applicable provisions of the “Aeronautical Information Manual”; (iii) Applicable provisions of parts 61, 91, and 141 of this chapter; and (iv) The objectives and course completion standards of the approved training course for the designation sought. (2) For checks and tests that relate to a flight training course, the person must— (i) Meet the requirements in paragraph (a)(1) of this section; (ii) Hold a commercial pilot certificate or an airline transport pilot certificate and, except for a check instructor for a course of training for a lighter-than-air rating, a current flight instructor certificate. The certificates must contain the appropriate aircraft category, class, and instrument ratings for the category and class of aircraft used in the course; (iii) Meet the pilot-in-command recent flight experience requirements of § 61.57 of this chapter; and (iv) Pass a proficiency test, given by the chief instructor or assistant chief instructor, on the flight procedures and maneuvers of the approved training course for the designation sought. (3) For checks and tests that relate to ground training, the person must— (i) Meet the requirements in paragraph (a)(1) of this section; (ii) Except for a course of training for a lighter-than-air rating, hold either a current flight instructor certificate with the appropriate category and class of aircraft, or ground instructor certificate with appropriate ratings, to be used in the course of training; and (iii) For a course of training for a lighter-than-air rating, hold a commercial pilot certificate with a lighter-than-air category rating and the appropriate class rating. (b) A person who meets the eligibility requirements in paragraph (a) of this section must: (1) Be designated, in writing, by the chief instructor to conduct student stage checks, end-of-course tests, and instructor proficiency checks; and (2) Be approved by the responsible Flight Standards office for the school. (c) A check instructor may not conduct a stage check or an end-of-course test of any student for whom the check instructor has: (1) Served as the principal instructor; or (2) Recommended for a stage check or end-of-course test." 14:14:3.0.1.2.17.2.3.7,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,B,"Subpart B—Personnel, Aircraft, and Facilities Requirements",,§ 141.38 Airports.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, July 30, 1997]","(a) An applicant for a pilot school certificate or a provisional pilot school certificate must show that he or she has continuous use of each airport at which training flights originate. (b) Each airport used for airplanes and gliders must have at least one runway or takeoff area that allows training aircraft to make a normal takeoff or landing under the following conditions at the aircraft's maximum certificated takeoff gross weight: (1) Under wind conditions of not more than 5 miles per hour; (2) At temperatures in the operating area equal to the mean high temperature for the hottest month of the year; (3) If applicable, with the powerplant operation, and landing gear and flap operation recommended by the manufacturer; and (4) In the case of a takeoff— (i) With smooth transition from liftoff to the best rate of climb speed without exceptional piloting skills or techniques; and (ii) Clearing all obstacles in the takeoff flight path by at least 50 feet. (c) Each airport must have a wind direction indicator that is visible from the end of each runway at ground level; (d) Each airport must have a traffic direction indicator when: (1) The airport does not have an operating control tower; and (2) UNICOM advisories are not available. (e) Except as provided in paragraph (f) of this section, each airport used for night training flights must have permanent runway lights; (f) An airport or seaplane base used for night training flights in seaplanes is permitted to use adequate nonpermanent lighting or shoreline lighting, if approved by the Administrator." 14:14:3.0.1.2.17.2.3.8,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,B,"Subpart B—Personnel, Aircraft, and Facilities Requirements",,§ 141.39 Aircraft.,FAA,,,"[Docket FAA-2006-26661, 74 FR 42563, Aug. 21, 2009, as amended by Amdt. 141-13, 75 FR 5223, Feb. 1, 2010]","(a) When the school's training facility is located within the U.S., an applicant for a pilot school certificate or provisional pilot school certificate must show that each aircraft used by the school for flight training and solo flights: (1) Is a civil aircraft of the United States; (2) Is certificated with a standard airworthiness certificate, a primary airworthiness certificate, or a special airworthiness certificate in the light-sport category unless the FAA determines otherwise because of the nature of the approved course; (3) Is maintained and inspected in accordance with the requirements for aircraft operated for hire under part 91, subpart E, of this chapter; (4) Has two pilot stations with engine-power controls that can be easily reached and operated in a normal manner from both pilot stations (for flight training); and (5) Is equipped and maintained for IFR operations if used in a course involving IFR en route operations and instrument approaches. For training in the control and precision maneuvering of an aircraft by reference to instruments, the aircraft may be equipped as provided in the approved course of training. (b) When the school's training facility is located outside the U.S. and the training will be conducted outside the U.S., an applicant for a pilot school certificate or provisional pilot school certificate must show that each aircraft used by the school for flight training and solo flights: (1) Is either a civil aircraft of the United States or a civil aircraft of foreign registry; (2) Is certificated with a standard or primary airworthiness certificate or an equivalent certification from the foreign aviation authority; (3) Is maintained and inspected in accordance with the requirements for aircraft operated for hire under part 91, subpart E of this chapter, or in accordance with equivalent maintenance and inspection from the foreign aviation authority's requirements; (4) Has two pilot stations with engine-power controls that can be easily reached and operated in a normal manner from both pilot stations (for flight training); and (5) Is equipped and maintained for IFR operations if used in a course involving IFR en route operations and instrument approaches. For training in the control and precision maneuvering of an aircraft by reference to instruments, the aircraft may be equipped as provided in the approved course of training." 14:14:3.0.1.2.17.2.3.9,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,B,"Subpart B—Personnel, Aircraft, and Facilities Requirements",,"§ 141.41 Full flight simulators, flight training devices, aviation training devices, and training aids.",FAA,,,"[Docket FAA-2015-1846, Amdt. 141-18, 81 FR 21460, Apr. 12, 2016]","An applicant for a pilot school certificate or a provisional pilot school certificate must show that its full flight simulators, flight training devices, aviation training devices, training aids, and equipment meet the following requirements: (a) Full flight simulators and flight training devices. Each full flight simulator and flight training device used to obtain flight training credit in an approved pilot training course curriculum must be: (1) Qualified under part 60 of this chapter, or a previously qualified device, as permitted in accordance with § 60.17 of this chapter; and (2) Approved by the Administrator for the tasks and maneuvers. (b) Aviation training devices. Each basic or advanced aviation training device used to obtain flight training credit in an approved pilot training course curriculum must be evaluated, qualified, and approved by the Administrator. (c) Training aids and equipment. Each training aid, including any audiovisual aid, projector, mockup, chart, or aircraft component listed in the approved training course outline, must be accurate and relevant to the course for which it is used." 14:14:3.0.1.2.17.3.3.1,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,C,Subpart C—Training Course Outline and Curriculum,,§ 141.51 Applicability.,FAA,,,,This subpart prescribes the curriculum and course outline requirements for the issuance of a pilot school certificate or provisional pilot school certificate and ratings. 14:14:3.0.1.2.17.3.3.2,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,C,Subpart C—Training Course Outline and Curriculum,,§ 141.53 Approval procedures for a training course: General.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997; Amdt. 141-12, 74 FR 42563, Aug. 21, 2009; Amdt. 141-15, 76 FR 54107, Aug. 31, 2011, as amended by Docket FAA-2018-0119, Amdt. 141-19, 83 FR 9175, Mar. 5, 2018]","(a) General. An applicant for a pilot school certificate or provisional pilot school certificate must obtain the Administrator's approval of the outline of each training course for which certification and rating is sought. (b) Application. (1) An application for the approval of an initial or amended training course must be submitted in duplicate to the responsible Flight Standards office for the area where the school is based. (2) An application for the approval of an initial or amended training course must be submitted at least 30 days before any training under that course, or any amendment thereto, is scheduled to begin. (3) An application for amending a training course must be accompanied by two copies of the amendment. (c) Training courses. An applicant for a pilot school certificate or provisional pilot school certificate may request approval for the training courses specified under § 141.11(b). (d) Additional rules for internet based training courses. An application for an initial or amended training course offered through an internet based medium must comply with the following: (1) All amendments must be identified numerically by page, date, and screen. Minor editorial and typographical changes do not require FAA approval, provided the school notifies the FAA within 30 days of their insertion. (2) For monitoring purposes, the school must provide the FAA an acceptable means to log-in and log-off from a remote location to review all elements of the course as viewed by attendees and to by-pass the normal attendee restrictions. (3) The school must incorporate adequate security measures into its internet-based courseware information system and into its operating and maintenance procedures to ensure the following fundamental areas of security and protection: (i) Integrity. (ii) Identification/Authentication. (iii) Confidentiality. (iv) Availability. (v) Access control." 14:14:3.0.1.2.17.3.3.3,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,C,Subpart C—Training Course Outline and Curriculum,,§ 141.55 Training course: Contents.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997, as amended by Amdt. 141-12, 74 FR 42563, Aug. 21, 2009; Amdt. 141-15, 76 FR 54107, Aug. 31, 2011]","(a) Each training course for which approval is requested must meet the minimum curriculum requirements in accordance with the appropriate appendix of this part. (b) Except as provided in paragraphs (d) and (e) of this section, each training course for which approval is requested must meet the minimum ground and flight training time requirements in accordance with the appropriate appendix of this part. (c) Each training course for which approval is requested must contain: (1) A description of each room used for ground training, including the room's size and the maximum number of students that may be trained in the room at one time, unless the course is provided via an internet-based training medium; (2) A description of each type of audiovisual aid, projector, tape recorder, mockup, chart, aircraft component, and other special training aids used for ground training; (3) A description of each flight simulator or flight training device used for training; (4) A listing of the airports at which training flights originate and a description of the facilities, including pilot briefing areas that are available for use by the school's students and personnel at each of those airports; (5) A description of the type of aircraft including any special equipment used for each phase of training; (6) The minimum qualifications and ratings for each instructor assigned to ground or flight training; and (7) A training syllabus that includes the following information— (i) The prerequisites for enrolling in the ground and flight portion of the course that include the pilot certificate and rating (if required by this part), training, pilot experience, and pilot knowledge; (ii) A detailed description of each lesson, including the lesson's objectives, standards, and planned time for completion; (iii) A description of what the course is expected to accomplish with regard to student learning; (iv) The expected accomplishments and the standards for each stage of training; and (v) A description of the checks and tests to be used to measure a student's accomplishments for each stage of training. (d) A pilot school may request and receive initial approval for a period of not more than 24 calendar months for any training course under this part that does not meet the minimum ground and flight training time requirements, provided the following provisions are met: (1) The school holds a pilot school certificate issued under this part and has held that certificate for a period of at least 24 consecutive calendar months preceding the month of the request; (2) In addition to the information required by paragraph (c) of this section, the training course specifies planned ground and flight training time requirements for the course; (3) The school does not request the training course to be approved for examining authority, nor may that school hold examining authority for that course; and (4) The practical test or knowledge test for the course is to be given by— (i) An FAA inspector; or (ii) An examiner who is not an employee of the school. (e) A pilot school may request and receive final approval for any training course under this part that does not meet the minimum ground and flight training time requirements, provided the following conditions are met: (1) The school has held initial approval for that training course for at least 24 calendar months. (2) The school has— (i) Trained at least 10 students in that training course within the preceding 24 calendar months and recommended those students for a pilot, flight instructor, or ground instructor certificate or rating; and (ii) At least 80 percent of those students passed the practical or knowledge test, as appropriate, on the first attempt, and that test was given by— (A) An FAA inspector; or (B) An examiner who is not an employee of the school. (3) In addition to the information required by paragraph (c) of this section, the training course specifies planned ground and flight training time requirements for the course. (4) The school does not request that the training course be approved for examining authority nor may that school hold examining authority for that course." 14:14:3.0.1.2.17.3.3.4,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,C,Subpart C—Training Course Outline and Curriculum,,§ 141.57 Special curricula.,FAA,,,,"An applicant for a pilot school certificate or provisional pilot school certificate may apply for approval to conduct a special course of airman training for which a curriculum is not prescribed in the appendixes of this part, if the applicant shows that the training course contains features that could achieve a level of pilot proficiency equivalent to that achieved by a training course prescribed in the appendixes of this part or the requirements of part 61 of this chapter." 14:14:3.0.1.2.17.4.3.1,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,D,Subpart D—Examining Authority,,§ 141.61 Applicability.,FAA,,,,"This subpart prescribes the requirements for the issuance of examining authority to the holder of a pilot school certificate, and the privileges and limitations of that examining authority." 14:14:3.0.1.2.17.4.3.2,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,D,Subpart D—Examining Authority,,§ 141.63 Examining authority qualification requirements.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997]","(a) A pilot school must meet the following prerequisites to receive initial approval for examining authority: (1) The school must complete the application for examining authority on a form and in a manner prescribed by the Administrator; (2) The school must hold a pilot school certificate and rating issued under this part; (3) The school must have held the rating in which examining authority is sought for at least 24 consecutive calendar months preceding the month of application for examining authority; (4) The training course for which examining authority is requested may not be a course that is approved without meeting the minimum ground and flight training time requirements of this part; and (5) Within 24 calendar months before the date of application for examining authority, that school must meet the following requirements— (i) The school must have trained at least 10 students in the training course for which examining authority is sought and recommended those students for a pilot, flight instructor, or ground instructor certificate or rating; and (ii) At least 90 percent of those students passed the required practical or knowledge test, or any combination thereof, for the pilot, flight instructor, or ground instructor certificate or rating on the first attempt, and that test was given by— (A) An FAA inspector; or (B) An examiner who is not an employee of the school. (b) A pilot school must meet the following requirements to retain approval of its examining authority: (1) The school must complete the application for renewal of its examining authority on a form and in a manner prescribed by the Administrator; (2) The school must hold a pilot school certificate and rating issued under this part; (3) The school must have held the rating for which continued examining authority is sought for at least 24 calendar months preceding the month of application for renewal of its examining authority; and (4) The training course for which continued examining authority is requested may not be a course that is approved without meeting the minimum ground and flight training time requirements of this part." 14:14:3.0.1.2.17.4.3.3,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,D,Subpart D—Examining Authority,,§ 141.65 Privileges.,FAA,,,,"A pilot school that holds examining authority may recommend a person who graduated from its course for the appropriate pilot, flight instructor, or ground instructor certificate or rating without taking the FAA knowledge test or practical test in accordance with the provisions of this subpart." 14:14:3.0.1.2.17.4.3.4,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,D,Subpart D—Examining Authority,,§ 141.67 Limitations and reports.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997, as amended by Docket FAA-2018-0119, Amdt. 141-19, 83 FR 9176, Mar. 5, 2018]","A pilot school that holds examining authority may only recommend the issuance of a pilot, flight instructor, or ground instructor certificate and rating to a person who does not take an FAA knowledge test or practical test, if the recommendation for the issuance of that certificate or rating is in accordance with the following requirements: (a) The person graduated from a training course for which the pilot school holds examining authority. (b) Except as provided in this paragraph, the person satisfactorily completed all the curriculum requirements of that pilot school's approved training course. A person who transfers from one part 141 approved pilot school to another part 141 approved pilot school may receive credit for that previous training, provided the following requirements are met: (1) The maximum credited training time does not exceed one-half of the receiving school's curriculum requirements; (2) The person completes a knowledge and proficiency test conducted by the receiving school for the purpose of determining the amount of pilot experience and knowledge to be credited; (3) The receiving school determines (based on the person's performance on the knowledge and proficiency test required by paragraph (b)(2) of this section) the amount of credit to be awarded, and records that credit in the person's training record; (4) The person who requests credit for previous pilot experience and knowledge obtained the experience and knowledge from another part 141 approved pilot school and training course; and (5) The receiving school retains a copy of the person's training record from the previous school. (c) Tests given by a pilot school that holds examining authority must be approved by the Administrator and be at least equal in scope, depth, and difficulty to the comparable knowledge and practical tests prescribed by the Administrator under part 61 of this chapter. (d) A pilot school that holds examining authority may not use its knowledge or practical tests if the school: (1) Knows, or has reason to believe, the test has been compromised; or (2) Is notified by the responsible Flight Standards office that there is reason to believe or it is known that the test has been compromised. (e) A pilot school that holds examining authority must maintain a record of all temporary airman certificates it issues, which consist of the following information: (1) A chronological listing that includes— (i) The date the temporary airman certificate was issued; (ii) The student to whom the temporary airman certificate was issued, and that student's permanent mailing address and telephone number; (iii) The training course from which the student graduated; (iv) The name of person who conducted the knowledge or practical test; (v) The type of temporary airman certificate or rating issued to the student; and (vi) The date the student's airman application file was sent to the FAA for processing for a permanent airman certificate. (2) A copy of the record containing each student's graduation certificate, airman application, temporary airman certificate, superseded airman certificate (if applicable), and knowledge test or practical test results; and (3) The records required by paragraph (e) of this section must be retained for 1 year and made available to the Administrator upon request. These records must be surrendered to the Administrator when the pilot school ceases to have examining authority. (f) Except for pilot schools that have an airman certification representative, when a student passes the knowledge test or practical test, the pilot school that holds examining authority must submit that student's airman application file and training record to the FAA for processing for the issuance of a permanent airman certificate." 14:14:3.0.1.2.17.5.3.1,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.71 Applicability.,FAA,,,,This subpart prescribes the operating rules applicable to a pilot school or provisional pilot school certificated under the provisions of this part. 14:14:3.0.1.2.17.5.3.10,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,"§ 141.89 Maintenance of personnel, facilities, and equipment.",FAA,,,,"The holder of a pilot school certificate or provisional pilot school certificate may not provide training to a student who is enrolled in an approved course of training unless: (a) Each airport, aircraft, and facility necessary for that training meets the standards specified in the holder's approved training course outline and the appropriate requirements of this part; and (b) Except as provided in § 141.87 of this part, each chief instructor, assistant chief instructor, check instructor, or instructor meets the qualifications specified in the holder's approved course of training and the appropriate requirements of this part." 14:14:3.0.1.2.17.5.3.11,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.91 Satellite bases.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997, as amended by Docket FAA-2018-0119, Amdt. 141-19, 83 FR 9175, Mar. 5, 2018]","The holder of a pilot school certificate or provisional pilot school certificate may conduct ground training or flight training in an approved course of training at a base other than its main operations base if: (a) An assistant chief instructor is designated for each satellite base, and that assistant chief instructor is available at that base or, if away from the premises, by telephone, radio, or other electronic means during the time that training is provided for an approved training course; (b) The airport, facilities, and personnel used at the satellite base meet the appropriate requirements of subpart B of this part and its approved training course outline; (c) The instructors are under the direct supervision of the chief instructor or assistant chief instructor for the appropriate training course, who is readily available for consultation in accordance with § 141.85(b) of this part; and (d) The responsible Flight Standards office for the area in which the school is located is notified in writing if training is conducted at a base other than the school's main operations base for more than 7 consecutive days." 14:14:3.0.1.2.17.5.3.12,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.93 Enrollment.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997; Amdt. 141-15, 76 FR 54107, Aug. 31, 2011]","(a) The holder of a pilot school certificate or a provisional pilot school certificate must, at the time a student is enrolled in an approved training course, furnish that student with a copy of the following: (1) A certificate of enrollment containing— (i) The name of the course in which the student is enrolled; and (ii) The date of that enrollment. (2) A copy of the student's training syllabus. (3) Except for a training course offered through an internet based medium, a copy of the safety procedures and practices developed by the school that describe the use of the school's facilities and the operation of its aircraft. Those procedures and practices shall include training on at least the following information— (i) The weather minimums required by the school for dual and solo flights; (ii) The procedures for starting and taxiing aircraft on the ramp; (iii) Fire precautions and procedures; (iv) Redispatch procedures after unprogrammed landings, on and off airports; (v) Aircraft discrepancies and approval for return-to-service determinations; (vi) Securing of aircraft when not in use; (vii) Fuel reserves necessary for local and cross-country flights; (viii) Avoidance of other aircraft in flight and on the ground; (ix) Minimum altitude limitations and simulated emergency landing instructions; and (x) A description of and instructions regarding the use of assigned practice areas. (b) The holder of a pilot school certificate or provisional pilot school certificate must maintain a monthly listing of persons enrolled in each training course offered by the school." 14:14:3.0.1.2.17.5.3.13,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.95 Graduation certificate.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997, as amended by Amdt. 141-15, 76 FR 54108, Aug. 31, 2011]","(a) The holder of a pilot school certificate or provisional pilot school certificate must issue a graduation certificate to each student who completes its approved course of training. (b) The graduation certificate must be issued to the student upon completion of the course of training and contain at least the following information: (1) The name of the school and the certificate number of the school; (2) The name of the graduate to whom it was issued; (3) The course of training for which it was issued; (4) The date of graduation; (5) A statement that the student has satisfactorily completed each required stage of the approved course of training including the tests for those stages; (6) A certification of the information contained on the graduation certificate by the chief instructor for that course of training; and (7) A statement showing the cross-country training that the student received in the course of training. (8) Certificates issued upon graduating from a course based on internet media must be uniquely identified using an alphanumeric code that is specific to the student graduating from that course." 14:14:3.0.1.2.17.5.3.2,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.73 Privileges.,FAA,,,,"(a) The holder of a pilot school certificate or a provisional pilot school certificate may advertise and conduct approved pilot training courses in accordance with the certificate and any ratings that it holds. (b) A pilot school that holds examining authority for an approved training course may recommend a graduate of that course for the issuance of an appropriate pilot, flight instructor, or ground instructor certificate and rating, without taking an FAA knowledge test or practical test, provided the training course has been approved and meets the minimum ground and flight training time requirements of this part." 14:14:3.0.1.2.17.5.3.3,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.75 Aircraft requirements.,FAA,,,"[Docket 25910, 62 FR 40908, July 30, 1997]","The following items must be carried on each aircraft used for flight training and solo flights: (a) A pretakeoff and prelanding checklist; and (b) The operator's handbook for the aircraft, if one is furnished by the manufacturer, or copies of the handbook if furnished to each student using the aircraft." 14:14:3.0.1.2.17.5.3.4,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.77 Limitations.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997; Amdt. 141-12, 74 FR 42564, Aug. 21, 2009]","(a) The holder of a pilot school certificate or a provisional pilot school certificate may not issue a graduation certificate to a student, or recommend a student for a pilot certificate or rating, unless the student has: (1) Completed the training specified in the pilot school's course of training; and (2) Passed the required final tests. (b) Except as provided in paragraph (c) of this section, the holder of a pilot school certificate or a provisional pilot school certificate may not graduate a student from a course of training unless the student has completed all of the curriculum requirements of that course; (c) A student may be given credit towards the curriculum requirements of a course for previous training under the following conditions: (1) If the student completed a proficiency test and knowledge test that was conducted by the receiving pilot school and the previous training was based on a part 141- or a part 142-approved flight training course, the credit is limited to not more than 50 percent of the flight training requirements of the curriculum. (2) If the student completed a knowledge test that was conducted by the receiving pilot school and the previous training was based on a part 141- or a part 142-approved aeronautical knowledge training course, the credit is limited to not more than 50 percent of the aeronautical knowledge training requirements of the curriculum. (3) If the student completed a proficiency test and knowledge test that was conducted by the receiving pilot school and the training was received from other than a part 141- or a part 142-approved flight training course, the credit is limited to not more than 25 percent of the flight training requirements of the curriculum. (4) If the student completed a knowledge test that was conducted by the receiving pilot school and the previous training was received from other than a part 141- or a part 142-approved aeronautical knowledge training course, the credit is limited to not more than 25 percent of the aeronautical knowledge training requirements of the curriculum. (5) Completion of previous training must be certified in the student's training record by the training provider or a management official within the training provider's organization, and must contain— (i) The kind and amount of training provided; and (ii) The result of each stage check and end-of-course test, if appropriate." 14:14:3.0.1.2.17.5.3.5,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.79 Flight training.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997]","(a) No person other than a certificated flight instructor or commercial pilot with a lighter-than-air rating who has the ratings and the minimum qualifications specified in the approved training course outline may give a student flight training under an approved course of training. (b) No student pilot may be authorized to start a solo practice flight from an airport until the flight has been approved by a certificated flight instructor or commercial pilot with a lighter-than-air rating who is present at that airport. (c) Each chief instructor and assistant chief instructor assigned to a training course must complete, at least once every 12 calendar months, an approved syllabus of training consisting of ground or flight training, or both, or an approved flight instructor refresher course. (d) Each certificated flight instructor or commercial pilot with a lighter-than-air rating who is assigned to a flight training course must satisfactorily complete the following tasks, which must be administered by the school's chief instructor, assistant chief instructor, or check instructor: (1) Prior to receiving authorization to train students in a flight training course, must— (i) Accomplish a review of and receive a briefing on the objectives and standards of that training course; and (ii) Accomplish an initial proficiency check in each make and model of aircraft used in that training course in which that person provides training; and (2) Every 12 calendar months after the month in which the person last complied with the requirements of paragraph (d)(1)(ii) of this section, accomplish a recurrent proficiency check in one of the aircraft in which the person trains students." 14:14:3.0.1.2.17.5.3.6,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.81 Ground training.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997]","(a) Except as provided in paragraph (b) of this section, each instructor who is assigned to a ground training course must hold a flight or ground instructor certificate, or a commercial pilot certificate with a lighter-than-air rating, with the appropriate rating for that course of training. (b) A person who does not meet the requirements of paragraph (a) of this section may be assigned ground training duties in a ground training course, if: (1) The chief instructor who is assigned to that ground training course finds the person qualified to give that training; and (2) The training is given while under the supervision of the chief instructor or the assistant chief instructor who is present at the facility when the training is given. (c) An instructor may not be used in a ground training course until that instructor has been briefed on the objectives and standards of that course by the chief instructor, assistant chief instructor, or check instructor." 14:14:3.0.1.2.17.5.3.7,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.83 Quality of training.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997]","(a) Each pilot school or provisional pilot school must meet the following requirements: (1) Comply with its approved training course; and (2) Provide training of such quality that meets the requirements of § 141.5(d) of this part. (b) The failure of a pilot school or provisional pilot school to maintain the quality of training specified in paragraph (a) of this section may be the basis for suspending or revoking that school's certificate. (c) When requested by the Administrator, a pilot school or provisional pilot school must allow the FAA to administer any knowledge test, practical test, stage check, or end-of-course test to its students. (d) When a stage check or end-of-course test is administered by the FAA under the provisions of paragraph (c) of this section, and the student has not completed the training course, then that test will be based on the standards prescribed in the school's approved training course. (e) When a practical test or knowledge test is administered by the FAA under the provisions of paragraph (c) of this section, to a student who has completed the school's training course, that test will be based upon the areas of operation approved by the Administrator." 14:14:3.0.1.2.17.5.3.8,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.85 Chief instructor responsibilities.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997; Amdt. 141-12, 74 FR 42564, Aug. 21, 2009]","(a) A chief instructor designated for a pilot school or provisional pilot school is responsible for: (1) Certifying each student's training record, graduation certificate, stage check and end-of-course test reports, and recommendation for course completion, unless the duties are delegated by the chief instructor to an assistant chief instructor or recommending instructor; (2) Ensuring that each certificated flight instructor, certificated ground instructor, or commercial pilot with a lighter-than-air rating passes an initial proficiency check prior to that instructor being assigned instructing duties in the school's approved training course, and thereafter that the instructor passes a recurrent proficiency check every 12 calendar months after the month in which the initial test was accomplished; (3) Ensuring that each student accomplishes the required stage checks and end-of-course tests in accordance with the school's approved training course; and (4) Maintaining training techniques, procedures, and standards for the school that are acceptable to the Administrator. (b) The chief instructor or an assistant chief instructor must be available at the pilot school or, if away from the pilot school, be available by telephone, radio, or other electronic means during the time that training is given for an approved training course. (c) The chief instructor may delegate authority for conducting stage checks, end-of-course tests, and flight instructor proficiency checks to the assistant chief instructor or a check instructor." 14:14:3.0.1.2.17.5.3.9,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,E,Subpart E—Operating Rules,,§ 141.87 Change of chief instructor.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997, as amended by Docket FAA-2018-0119, Amdt. 141-19, 83 FR 9176, Mar. 5, 2018]","Whenever a pilot school or provisional pilot school makes a change of designation of its chief instructor, that school: (a) Must immediately provide the FAA responsible Flight Standards office in which the school is located with written notification of the change; (b) May conduct training without a chief instructor for that training course for a period not to exceed 60 days while awaiting the designation and approval of another chief instructor; (c) May, for a period not to exceed 60 days, have the stage checks and end-of-course tests administered by: (1) The training course's assistant chief instructor, if one has been designated; (2) The training course's check instructor, if one has been designated; (3) An FAA inspector; or (4) An examiner. (d) Must, after 60 days without a chief instructor, cease operations and surrender its certificate to the Administrator; and (e) May have its certificate reinstated, upon: (1) Designating and approving another chief instructor; (2) Showing it meets the requirements of § 141.27(a)(2) of this part; and (3) Applying for reinstatement on a form and in a manner prescribed by the Administrator." 14:14:3.0.1.2.17.6.3.1,14,Aeronautics and Space,I,H,141,PART 141—PILOT SCHOOLS,F,Subpart F—Records,,§ 141.101 Training records.,FAA,,,"[Docket 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, July 30, 1997, as amended by Amdt. 141-15, 76 FR 54108, Aug. 31, 2011]","(a) Each holder of a pilot school certificate or provisional pilot school certificate must establish and maintain a current and accurate record of the participation of each student enrolled in an approved course of training conducted by the school that includes the following information: (1) The date the student was enrolled in the approved course; (2) A chronological log of the student's course attendance, subjects, and flight operations covered in the student's training, and the names and grades of any tests taken by the student; and (3) The date the student graduated, terminated training, or transferred to another school. In the case of graduation from a course based on internet media, the school must maintain the identifying graduation certificate code required by § 141.95(b)(8). (b) The records required to be maintained in a student's logbook will not suffice for the record required by paragraph (a) of this section. (c) Whenever a student graduates, terminates training, or transfers to another school, the student's record must be certified to that effect by the chief instructor. (d) The holder of a pilot school certificate or a provisional pilot school certificate must retain each student record required by this section for at least 1 year from the date that the student: (1) Graduates from the course to which the record pertains; (2) Terminates enrollment in the course to which the record pertains; or (3) Transfers to another school. (e) The holder of a pilot school certificate or a provisional pilot school certificate must make a copy of the student's training record available upon request by the student." 17:17:2.0.1.1.13.0.1.1,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,§ 141.1 Purpose and scope.,CFTC,,,,"(a) This regulation provides procedures for the collection by administrative offset of a federal employee's salary without his/her consent to satisfy certain debts owed to the federal government. These regulations apply to employees of other federal agencies and current employees of the Commission who owe debts to the Commission and to current employees of the Commission who owe debts to other federal agencies. This regulation does not apply when the employee consents to recovery from his/her current pay account. (b) This regulation does not apply to debts or claims arising under: (1) The Internal Revenue Code of 1954, as amended, 26 U.S.C. 1 et seq. ; (2) The Social Security Act, 42 U.S.C. 301 et seq. ; (3) The tariff laws of the United States; or (4) Any case where a collection of a debt by salary offset is explicitly provided for or prohibited by another statute. (c) This regulation does not apply to any adjustment to pay arising out of an employee's selection of coverage or a change in coverage under a federal benefits program requiring periodic deductions from pay if the amount to be recovered was accumulated over four pay periods or less. (d) This regulation does not preclude the compromise, suspension, or termination of collection action where appropriate under the standards implementing the Federal Claims Collection Act, 31 U.S.C. 3711 et seq. , 4 CFR parts 101 through 105, 45 CFR part 1177. (e) This regulation does not preclude an employee from requesting waiver of an overpayment under 5 U.S.C. 5584, 10 U.S.C. 2774 or 32 U.S.C. 716 or in any way questioning the amount or validity of the debt by submitting a subsequent claim to the General Accounting Office in accordance with General Accounting Office procedures. This regulation does not preclude an employee from requesting a waiver pursuant to other statutory provisions applicable to the particular debt being collected. Neither the requesting of a waiver nor the filing of a claim with the General Accounting Office will affect the amount or validity of the debt being collected until a waiver has been granted or the debt has been determined to be for an incorrect amount or invalid. (f) Matters not addressed in these regulations should be reviewed in accordance with the Federal Claims Collection Standards at 4 CFR 101.1 et seq." 17:17:2.0.1.1.13.0.1.10,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,§ 141.10 Statute of limitations.,CFTC,,,,"If a debt has been outstanding for more than 10 years after the agency's right to collect the debt first accrued, the agency may not collect by salary offset unless facts material to the Government's right to collect were not known and could not reasonably have been known by the official or officials who were charged with the responsibility for discovery and collection of such debts." 17:17:2.0.1.1.13.0.1.11,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,§ 141.11 Non-waiver of rights.,CFTC,,,,An employee's involuntary payment of all or any part of a debt collected under these regulations will not be construed as a waiver of any rights that employee may have under 5 U.S.C. 5514 or any other provision of contract or law unless there are statutes or contract(s) to the contrary. 17:17:2.0.1.1.13.0.1.12,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,"§ 141.12 Interest, penalties, and administrative costs.",CFTC,,,,"Charges may be assessed for interest, penalties, and administrative costs in accordance with the Federal Claims Collection Standards, 4 CFR 102.13." 17:17:2.0.1.1.13.0.1.2,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,§ 141.2 Definitions.,CFTC,,,,"For the purposes of this part the following definitions will apply: Agency means an executive agency as defined at 5 U.S.C. 105 including the U.S. Postal Service, the U.S. Postal Commission, a military department as defined at 5 U.S.C. 102, an agency or court in the judicial branch, an agency of the legislative branch including the U.S. Senate and House of Representatives and other independent establishments that are entities of the Federal government. Creditor agency means the agency to which the debt is owed. Debt means an amount owed to the United States from sources which include loans insured or guaranteed by the United States and all other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayments, penalties, damages, interests, fines, forfeitures (except those arising under the Uniform Code of Military Justice), and all other similar sources. Disposable pay means the amount that remains from an employee's federal pay after required deductions for social security, federal, state or local income tax, health insurance premiums, retirement contributions, life insurance premiums, federal employment taxes, and any other deductions that are required to be withheld by law. Hearing official means an individual responsible for conducting any hearing with respect to the existence or amount of a debt claimed, and who renders a decision on the basis of such hearing. A hearing official shall be an impartial member of the Office of the Executive Director not under the supervision or control of the head of the Commission. Paying agency means the agency that employs the individual who owes the debt and authorizes the payment of his/her current pay. Salary offset means an administrative offset to collect a debt pursuant to 5 U.S.C. 5514 by deduction(s) at one or more officially established pay intervals from the current pay account of an employee without his/her consent." 17:17:2.0.1.1.13.0.1.3,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,§ 141.3 Applicability.,CFTC,,,,"These regulations are to be followed when: (a) The Commission is owed a debt by an individual currently employed by another federal agency; (b) The Commission is owed a debt by an individual who is a current employee of the Commission; (c) The Commission employs an individual who owes a debt to another federal agency." 17:17:2.0.1.1.13.0.1.4,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,§ 141.4 Notice requirements.,CFTC,,,,"(a) Deductions shall not be made unless the employee is provided with written notice of the debt at least 30 days before salary offset commences. (b) The written notice shall contain: (1) A statement that the debt is owed and an explanation of its nature, and amount; (2) The agency's intention to collect the debt by deducting from the employee's current disposable pay account; (3) The amount, frequency, proposed beginning date, and duration of the intended deduction(s); (4) An explanation of interest, penalties, and administrative charges, including a statement that such charges will be assessed unless excused in accordance with the Federal Claims Collections Standards at 4 CFR 101.1 et seq. ; (5) The employee's right to inspect, request, and receive a copy of government records relating to the debt; (6) The opportunity to establish a written schedule for the voluntary repayment of the debt; (7) The right to a hearing conducted by an impartial hearing official; (8) The methods and time period for petitioning for hearings; (9) A statement that the timely filing of a petition for a hearing will stay the commencement of collection proceedings; (10) A statement that a final decision on the hearing will be issued not later than 60 days after the filing of the petition requesting the hearing unless the employee requests and the hearing official grants a delay in the proceedings; (11) A statement that knowingly false or frivolous statements, representations, or evidence may subject the employee to: (i) Disciplinary procedures appropriate under chapter 75 of 5 U.S.C., 5 CFR part 752, or any other applicable statutes or regulations; (ii) Penalties under the False Claims Act, 31 U.S.C. 3729-3731, or any other applicable statutory authority; or (iii) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002 or any other applicable statutory authority. (12) A statement of other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made; and (13) Unless there are contractual or statutory provisions to the contrary, a statement that amounts paid on or deducted for the debt which are later waived or found not owed to the United States will be promptly refunded to the employee." 17:17:2.0.1.1.13.0.1.5,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,§ 141.5 Hearing.,CFTC,,,,"(a) Request for hearing. (1) An employee must file a petition for a hearing in accordance with the instructions outlined in the Commission's notice to offset. (2) A hearing may be requested by filing a written petition addressed to the Executive Director stating why the employee disputes the existence or amount of the debt. The petition for a hearing must be received by the Executive Director no later than fifteen (15) calendar days after the date of the notice to offset unless the employee can show good cause for failing to meet the deadline date. (b) Hearing procedures. (1) The hearing will be presided over by an impartial hearing official. (2) The hearing shall conform to procedures contained in the Federal Claims Collection Standards 4 CFR 102.3(c). The burden shall be on the employee to demonstrate that the existence or the amount of the debt is in error." 17:17:2.0.1.1.13.0.1.6,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,§ 141.6 Written decision.,CFTC,,,,"(a) The hearing official shall issue a written opinion no later than 60 days after the hearing. (b) The written opinion will include a statement of the facts presented to demonstrate the nature and origin of the alleged debt; the hearing official's analysis, findings and conclusions; the amount and validity of the debt, and the repayment schedule." 17:17:2.0.1.1.13.0.1.7,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,§ 141.7 Coordinating offset with another Federal agency.,CFTC,,,,"(a) The Commission as the creditor agency. When the Commission determines that an employee of another federal agency owes a delinquent debt to the Commission, the Commission shall as appropriate: (1) Arrange for a hearing upon the proper petitioning by the employee; (2) Certify to the paying agency in writing that the employee owes the debt, the amount and basis of the debt, the date on which payment is due, the date the Government's right to collect the debt accrued, and that Commission regulations for salary offset have been approved by the Office of Personnel Management; (3) If collection must be made in installments, the Commission must advise the paying agency of the amount or percentage of disposable pay to be collected in each installment; (4) Advise the paying agency of the actions taken under 5 U.S.C. 5514(b) and provide the dates on which action was taken unless the employee has consented to salary offset in writing or signed a statement acknowledging that the Commission has complied with the procedures required by law. The written consent or acknowledgment must be sent to the paying agency; (5) If the employee is in the process of separating, the Commission must submit its debt claim to the paying agency as provided in this part. The paying agency must certify any amounts already collected, notify the employee, and send a copy of the certification and notice of the employee's separation to the Commission. If the paying agency is aware that the employee is entitled to payments from the Civil Service Retirement and Disability Fund or similar payments, it must certify to the agency responsible for making such payments the amount of the debt and that the provisions of 5 CFR 550.1108 have been followed; and (6) If the employee has already separated and all payments due from the paying agency have been paid, the Commission may request, unless otherwise prohibited, that money payable to the employee from the Civil Service Retirement and Disability Fund or other similar funds be collected by administrative offset. (b) The Commission as the paying agency. (1) Upon receipt of a properly certified debt claim from another agency, deductions will be scheduled to begin at the next established pay interval. The employee must receive written notice from the Commission that the Commission has received a certified debt claim from the creditor agency, the amount of the debt, the date salary offset will begin, and the amount of the deduction(s). The Commission shall not review the merits of the creditor agency's determination of the validity or the amount of the certified claim. (2) If the employee transfers to another agency after the creditor agency has submitted its debt claim to the Commission and before the debt is collected completely, the Commission must certify the total amount collected. One copy of the certification must be furnished to the employee. A copy must be furnished the creditor agency with notice of the employee's transfer." 17:17:2.0.1.1.13.0.1.8,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,§ 141.8 Procedures for salary offset.,CFTC,,,,"(a) Deductions to liquidate an employee's debt will be by the method and in the amount stated in the Commission's notice of intention to offset as provided in § 141.4. Debts will be collected in one lump sum where possible. If the employee is financially unable to pay in one lump sum, collection must be made in installments. (b) Debts will be collected by deduction at officially established pay intervals from an employee's current pay account unless alternative arrangements for repayment are made. (c) Installment deductions will be made over a period not greater than the anticipated period of employment. The size of installment deductions must bear a reasonable relationship to the size of the debt and the employee's ability to pay. The deduction for the pay intervals for any period must not exceed 15% of disposable pay unless the employee has agreed in writing to a deduction of a greater amount. (d) Unliquidated debts may be offset against any financial payment due to a separated employee including but not limited to final salary or leave payments in accordance with 31 U.S.C. 3716." 17:17:2.0.1.1.13.0.1.9,17,Commodity and Securities Exchanges,I,,141,PART 141—SALARY OFFSET,,,,§ 141.9 Refunds.,CFTC,,,,"(a) The Commission will refund promptly any amounts deducted to satisfy debts owed to the Commission when the debt is waived, found not owed to the Commission or when directed by an administrative or judicial order. (b) The creditor agency will promptly return any amounts deducted by the Commission to satisfy debts owed to the creditor agency when the debt is waived, found not owed, or when directed by an administrative or judicial order. (c) Unless required by law, refunds under this subsection shall not bear interest." 33:33:2.0.1.3.9.1.33.1,33,Navigation and Navigable Waters,I,N,141,PART 141—PERSONNEL,A,Subpart A—Restrictions on Employment,,§ 141.1 Purpose.,USCG,,,,This subpart prescribes rules governing restrictions on the employment of personnel on units engaged in OCS activities. 33:33:2.0.1.3.9.1.33.2,33,Navigation and Navigable Waters,I,N,141,PART 141—PERSONNEL,A,Subpart A—Restrictions on Employment,,§ 141.5 Applicability.,USCG,,,"[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD 97-023, 62 FR 33363, June 19, 1997; USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]","(a) This subpart applies to employment of personnel on units engaged in OCS activities, except as provided in paragraph (b) of this section. (b) This subpart does not apply to employment of personnel on any: (1) Vessel subject to the citizenship requirements of 46 U.S.C. 8103 for pilots, crew, and officers holding a valid license or MMC with officer endorsement when the vessel is transiting to or from an OCS facility or a United States port; (2) Vessel subject to the citizenship requirements of 46 U.S.C. 7102 and 8103 for officers and crew on federally subsidized or documented vessels; or (3) Unit over 50 percent of which is owned by one or more citizens of a foreign nation or with respect to which one or more citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the President determines that the government of such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning requirement for equipment engaged in the exploration, development, or production of oil or gas in its offshore areas. (c) The Commandant may, upon request or upon that person's own initiative, determine whether over 50 percent of a particular unit is owned by citizens of a foreign nation or whether citizens of a foreign nation have the right effectively to control the unit. (d) In determining whether ownership or a right effectively to control exists, the Commandant may consider operational control of a unit, management responsibility, title, lease and charter arrangements, and financial interests. (e) The owner or operator of any unit affected is notified of the Commandant's determination." 33:33:2.0.1.3.9.1.33.3,33,Navigation and Navigable Waters,I,N,141,PART 141—PERSONNEL,A,Subpart A—Restrictions on Employment,,§ 141.10 Definitions.,USCG,,,"[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-2006-24371, 74 FR 11212, Mar. 16, 2009; USCG-2013-0916, 78 FR 69296, Nov. 19, 2013]","As used in this subpart: Citizens of the United States means: (1) In the case of an individual, one who is a native born, derivative, or fully naturalized citizen of the United States; (2) In the case of a partnership, unincorporated company, or association, one in which 50% or more of the controlling interest is vested in citizens of the United States; or (3) In the case of a corporation, one which is incorporated under the laws of the United States or of any State thereof. Citizen of a foreign nation means: (1) In the case of an individual, one who is not a citizen of the United States; (2) In the case of a partnership, unincorporated company, or association, one in which more than 50% of the controlling interest is vested in citizens of a nation other than the United States; or (3) In the case of a corporation, one which is incorporated under the laws of a nation other than the United States so long as (i) the title to a majority of the stock thereof is free from any trust or fiduciary obligation in favor of any citizen of the United States; (ii) the majority of the voting power in the corporation is not vested in any citizen of the United States; (iii) through any contract or understanding, the majority of the voting power may not be exercised directly or indirectly on behalf of any citizen of the United States; or (iv) by no other means, control of the corporation is conferred upon or permitted to be exercised by any citizen of the United States. Resident alien means an alien lawfully admitted to the United States for permanent residence in accordance with section 101(a)(20) of the Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 1101(a)(20)." 33:33:2.0.1.3.9.1.33.4,33,Navigation and Navigable Waters,I,N,141,PART 141—PERSONNEL,A,Subpart A—Restrictions on Employment,,§ 141.15 Restrictions on employment.,USCG,,,"[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-1998-3799, 63 FR 35530, June 30, 1998; USCG-2013-0491, 80 FR 20163, Apr. 15, 2015; USCG-2025-0716, 90 FR 47586, Oct. 2, 2025]","(a) Each employer of personnel on any unit engaged in OCS activities that is subject to this part must employ, as members of the regular complement of the unit, only citizens of the United States or resident aliens except as provided by § 141.20. (b) As used in paragraph (a) of this section, “regular complement of a unit” means those personnel necessary for the routine functioning of the unit, including marine officers and crew; industrial personnel on the unit, such as toolpushers, drillers, roustabouts, floor hands, crane operators, derrickmen, mechanics, motormen, and general maintenance personnel; and support personnel on the unit, such as cooks, stewards and radio operators. The term does not include specialists, professionals, or other technically trained personnel called in to handle emergencies or other temporary operations; extra personnel on a unit for training; and other personnel temporarily on a unit for specialized operations, such as construction, alteration, well logging, or unusual repairs or emergencies. (c)(1) The Officer in Charge, Marine Inspection, may determine whether a particular individual or position is part of the regular complement of a unit. A copy of the determination is provided to the owner or operator of the unit affected. (2) Determinations in paragraph (c)(1) of this section for all MODUs and fixed and floating OCS facilities, as those terms are defined in 33 CFR 140.10, operating within the USCG Heartland District Outer Continental Shelf Marine Inspection Zone will be made by the USCG Heartland District Outer Continental Shelf Officer in Charge, Marine Inspection, as defined and described in § 3.40-5 of this chapter." 33:33:2.0.1.3.9.1.33.5,33,Navigation and Navigable Waters,I,N,141,PART 141—PERSONNEL,A,Subpart A—Restrictions on Employment,,§ 141.20 Exemptions from restrictions on employment.,USCG,,,"[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD 96-026, 61 FR 33665, June 28, 1996; USCG-2010-0351, 75 FR 36283, June 25, 2010; USCG-2014-0410, 79 FR 38434, July 7, 2014]","(a) An employer may request an exemption from the restrictions on employment in § 141.15 in order to employ persons other than citizens of the United States or resident aliens as part of the regular complement of the unit under the following circumstances: (1) When specific contractual provisions or national registry manning requirements in effect on September 18, 1978 provide that a person other than a citizen of the United States or a resident alien is to be employed on a particular unit. (2) When there is not a sufficient number of citizens of the United States or resident aliens qualified and available for the work. (3) When the President determines with respect to a particular unit that the employment of only citizens of the United States or resident aliens is not consistent with the national interest. (b) The request must be in writing, identify the provision of paragraph (a) of this section relied upon, and: (1) If involving specific contractual provisions under paragraph (a)(1) of this section, list the persons claimed exempt and contain a copy of the contract; (2) If involving persons without an H-2 Visa under paragraph (a)(2) of this section, list the persons or positions sought to be exempted; or (3) If under paragraph (a)(3) of this section, identify the unit involved and contain any information in support of the claim. (c) Requests must be submitted to the Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501. (d) Upon receipt of a request under paragraph (a)(2) of this section, the Coast Guard seeks information from the Department of Labor concerning whether there are citizens of the United States or resident aliens qualified and available for work. If information is provided that citizens of the United States or resident aliens are qualified and available, the employer may be required to seek their employment before the request is approved. (e) Upon receipt of a request under paragraph (a)(3) of this section and after consulting with other Federal agencies as appropriate, the Commandant forwards the request and the comments of the Coast Guard and other interested agencies to the President for determination. (f) Upon approval by the President for request under paragraph (a)(3) of this section or by the Coast Guard for all other requests, the Coast Guard issues a certification of the exemption. A certification issued under paragraph (a)(2) of this section is valid for one year from the date of issuance. (g) If, within 30 days of receipt by the Coast Guard of a request under paragraph (a)(2) of this section, the Coast Guard does not make a determination or advise the employer that additional time for consideration is necessary, the request is considered approved for a period of 90 days from the end of the 30 day period. (h) A request need not be submitted for persons who are not citizens of the United States or resident aliens and who: (1) Are employed under the national registry manning requirements exception in paragraph (a)(1) of this section; or (2) Have been classified and admitted to the United States as temporary workers under 8 U.S.C. 1101(a)(15)(H)(ii) for work in a position for which admitted." 33:33:2.0.1.3.9.1.33.6,33,Navigation and Navigable Waters,I,N,141,PART 141—PERSONNEL,A,Subpart A—Restrictions on Employment,,§ 141.25 Evidence of citizenship.,USCG,,,"[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]","(a) For the purposes of this part, the employer may accept as sufficient evidence that a person is a citizen of the United States any one of the following documents and no others: (1) A valid merchant mariner's document issued by the Coast Guard which shows the holder to be citizen of the United States. (2) An original or certified copy of a birth certificate or birth registration issued by a state or the District of Columbia. (3) A United States passport. (4) A Certificate of Citizenship issued by the Immigration and Naturalization Service. (5) A Certificate of Naturalization issued by a Naturalization Court. (6) A letter from the Coast Guard issued under paragraph (d) of this section. (b) If a person does not have one of the documents listed in paragraphs (a)(1) through (a)(6) of this section, that person may appear in person before an Officer in Charge, Marine Inspection, and submit one or more of the following documents which may be considered as evidence that the applicant is a citizen of the United States: (1) A Certificate of Derivative Citizenship or a Certificate of Naturalization of either parent and a birth certificate of the applicant or other evidence satisfactorily establishing that the applicant was under 21 years of age at the time of the parent's naturalization. (2) An original or certified copy of a birth certificate from a political jurisdiction outside the United States which demonstrates citizenship status. (3) A Baptismal certificate or parish record recorded within one year after birth. (4) A statement of a practicing physician certifying that the physician attended the birth and has a record showing the date on which the birth occurred. (5) A commission, or evidence of commission, in the Armed Forces of the United States which shows the holder to be a citizen of the United States. (6) A continuous discharge book or certificate of identification issued by the Coast Guard or the former Bureau of Marine Inspection, provided the document shows that the applicant produced satisfactory evidence of citizenship at the time the document was issued. (7) A delayed certificate of birth issued under a state seal, provided there are no collateral facts indicating fraud in its procurement. (8) A report of the Census Bureau showing the earliest available record of the applicant's age or birth. (9) Affidavits of parents, relatives, or two or more responsible citizens of the United States, school records; immigration records; insurance policies; or other records which support the citizenship claim. (c) In any case where doubt exists concerning evidence of citizenship submitted under paragraph (b) of this section, the Officer in Charge, Marine Inspection, may refer the matter to the United States Immigration and Naturalization Service for an advisory opinion. (d) If the documents submitted under paragraph (b) of this section are determined by the Officer in Charge, Marine Inspection, to be sufficient evidence that the applicant is a citizen of the United States, the Coast Guard issues the applicant a letter acknowledging this determination." 33:33:2.0.1.3.9.1.33.7,33,Navigation and Navigable Waters,I,N,141,PART 141—PERSONNEL,A,Subpart A—Restrictions on Employment,,§ 141.30 Evidence of status as a resident alien.,USCG,,,"[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-2006-24371, 74 FR 11212, Mar. 16, 2009; USCG-2013-0916, 78 FR 69296, Nov. 19, 2013]","For the purposes of this part, the employer may accept as sufficient evidence that a person is a resident alien any one of the following documents and no others: (a) A valid merchant mariner's document issued by the Coast Guard. (b) An alien registration receipt card issued by the Immigration and Customs Enforcement Agency certifying that the card holder has been admitted to the United States as an immigrant. (c) A declaration of intention to become a citizen of the United States issued by a Naturalization Court." 33:33:2.0.1.3.9.1.33.8,33,Navigation and Navigable Waters,I,N,141,PART 141—PERSONNEL,A,Subpart A—Restrictions on Employment,,§ 141.35 Records to be kept by the employer.,USCG,,,"[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-2006-24371, 74 FR 11212, Mar. 16, 2009; USCG-2013-0916, 78 FR 69296, Nov. 19, 2013]","(a) The employer of personnel subject to this subpart shall maintain, and make available to the Coast Guard upon request, a record identifying which of the documents listed in §§ 141.25 and 141.30 were relied upon for each employee. The record must consist of either a copy of the document or the following information on the document: (1) For a merchant mariner's document or a United States passport, the document's title and identification number. (2) For a birth certificate or birth registration, the document's title and the employee's date and place of birth. (3) For all other documents listed in §§ 141.25 and 141.30, the document's title and date and place of issuance. (b) The employer of personnel subject to this subpart shall maintain a written list of the positions that make up the regular complement of the unit and the name and nationality of the individual filling each employee position. This list may be in summary form and any simple format." 40:40:25.0.1.1.4.1.16.1,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,A,Subpart A—General,,§ 141.1 Applicability.,EPA,,,,"This part establishes primary drinking water regulations pursuant to section 1412 of the Public Health Service Act, as amended by the Safe Drinking Water Act (Pub. L. 93-523); and related regulations applicable to public water systems." 40:40:25.0.1.1.4.1.16.2,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,A,Subpart A—General,,§ 141.2 Definitions.,EPA,,,"[40 FR 59570, Dec. 24, 1975]","As used in this part, the term: Act means the Public Health Service Act, as amended by the Safe Drinking Water Act, Public Law 93-523. Action level, for the purpose of subpart I of this part only, means the concentrations of lead or copper in water as specified in § 141.80(c) which determines requirements under subpart I of this part. The lead action level is 0.010 mg/L and the copper action level is 1.3 mg/L. Aerator means the device embedded in the water faucet to enhance air flow with the water stream and to prevent splashing. Bag filters are pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to outside. Bank filtration is a water treatment process that uses a well to recover surface water that has naturally infiltrated into ground water through a river bed or bank(s). Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well(s). Best available technology or BAT means the best technology, treatment techniques, or other means which the Administrator finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration). For the purposes of setting MCLs for synthetic organic chemicals, any BAT must be at least as effective as granular activated carbon. Cartridge filters are pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside. Child care facility, for the purpose of subpart I of this part only, means a location that houses a provider of child care, day care, or early learning services to children, as licensed by the State, local, or Tribal licensing agency. Clean compliance history is, for the purposes of subpart Y, a record of no MCL violations under § 141.63; no monitoring violations under § 141.21 or subpart Y; and no coliform treatment technique trigger exceedances or treatment technique violations under subpart Y. Coagulation means a process using coagulant chemicals and mixing by which colloidal and suspended materials are destabilized and agglomerated into flocs. Combined distribution system is the interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water. Community water system means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Compliance cycle means the nine-year calendar year cycle during which public water systems must monitor. Each compliance cycle consists of three three-year compliance periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001; the second begins January 1, 2002 and ends December 31, 2010; the third begins January 1, 2011 and ends December 31, 2019. Compliance period means a three-year calendar year period within a compliance cycle. Each compliance cycle has three three-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998; the third from January 1, 1999 to December 31, 2001. Comprehensive performance evaluation (CPE) is a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant's capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. For purpose of compliance with subparts P and T of this part, the comprehensive performance evaluation must consist of at least the following components: Assessment of plant performance; evaluation of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report. Confluent growth means a continuous bacterial growth covering the entire filtration area of a membrane filter, or a portion thereof, in which bacterial colonies are not discrete. Connector, also referred to as a gooseneck or pigtail, means a short segment of piping not exceeding three feet that can be bent and is used for connections between service piping, typically connecting the service line to the main. For purposes of subpart I of this part, lead connectors are not considered to be part of the service line. Consecutive system is a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems. Contaminant means any physical, chemical, biological, or radiological substance or matter in water. Conventional filtration treatment means a series of processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal. Corrosion inhibitor means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials. CT or CTcalc is the product of “residual disinfectant concentration” (C) in mg/1 determined before or at the first customer, and the corresponding “disinfectant contact time” (T) in minutes, i.e. , “C” × “T”. If a public water system applies disinfectants at more than one point prior to the first customer, it must determine the CT of each disinfectant sequence before or at the first customer to determine the total percent inactivation or “total inactivation ratio.” In determining the total inactivation ratio, the public water system must determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s). “CT 99.9 ” is the CT value required for 99.9 percent (3-log) inactivation of Giardia lamblia cysts. CT 99.9 for a variety of disinfectants and conditions appear in tables 1.1-1.6, 2.1, and 3.1 of § 141.74(b)(3). is the inactivation ratio. The sum of the inactivation ratios, or total inactivation ratio shown as is calculated by adding together the inactivation ratio for each disinfection sequence. A total inactivation ratio equal to or greater than 1.0 is assumed to provide a 3-log inactivation of Giardia lamblia cysts. Diatomaceous earth filtration means a process resulting in substantial particulate removal in which (1) a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and (2) while the water is filtered by passing through the cake on the septum, additional filter media known as body feed is continuously added to the feed water to maintain the permeability of the filter cake. Direct filtration means a series of processes including coagulation and filtration but excluding sedimentation resulting in substantial particulate removal. Disinfectant means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, and ozone added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogenic microorganisms. Disinfectant contact time (“T” in CT calculations) means the time in minutes that it takes for water to move from the point of disinfectant application or the previous point of disinfectant residual measurement to a point before or at the point where residual disinfectant concentration (“C”) is measured. Where only one “C” is measured, “T” is the time in minutes that it takes for water to move from the point of disinfectant application to a point before or at where residual disinfectant concentration (“C”) is measured. Where more than one “C” is measured, “T” is (a) for the first measurement of “C”, the time in minutes that it takes for water to move from the first or only point of disinfectant application to a point before or at the point where the first “C” is measured and (b) for subsequent measurements of “C”, the time in minutes that it takes for water to move from the previous “C” measurement point to the “C” measurement point for which the particular “T” is being calculated. Disinfectant contact time in pipelines must be calculated based on “plug flow” by dividing the internal volume of the pipe by the maximum hourly flow rate through that pipe. Disinfectant contact time within mixing basins and storage reservoirs must be determined by tracer studies or an equivalent demonstration. Disinfection means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents. Disinfection profile is a summary of Giardia lamblia inactivation through the treatment plant. The procedure for developing a disinfection profile is contained in § 141.172 (Disinfection profiling and benchmarking) in subpart P and §§ 141.530-141.536 (Disinfection profile) in subpart T of this part. Distribution System and Site Assessment means the requirements under subpart I of this part, pursuant to § 141.82(j), that water systems must perform at every tap sampling site that yields a lead result above the lead action level of 0.010 mg/L. Domestic or other non-distribution system plumbing problem means a coliform contamination problem in a public water system with more than one service connection that is limited to the specific service connection from which the coliform-positive sample was taken. Dose equivalent means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements (ICRU). Dual sample set is a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample sets are collected for the purposes of conducting an IDSE under subpart U of this part and determining compliance with the TTHM and HAA5 MCLs under subpart V of this part. Effective corrosion inhibitor residual, for the purpose of subpart I of this part only, means a concentration sufficient to form a passivating film on the interior walls of a pipe. Elementary school, for the purpose of subpart I of this part only, means a school classified as elementary by State and local practice and composed of any span of grades (including pre-school) not above grade 8. Enhanced coagulation means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment. Enhanced softening means the improved removal of disinfection byproduct precursors by precipitative softening. Fifth liter sample, for purposes of subpart I of this part, means a one-liter sample of tap water collected in accordance with § 141.86(b). Filter profile is a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed. Filtration means a process for removing particulate matter from water by passage through porous media. Finished water is water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as treatment necessary to maintain water quality in the distribution system (e.g., booster disinfection, addition of corrosion control chemicals). First-liter sample, for the purpose of subpart I of this part only, means a sample collected of the first one-liter volume of tap water drawn in accordance with § 141.86(b). Flocculation means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means. Flowing stream is a course of running water flowing in a definite channel. GAC10 means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with subpart V MCLs under § 141.64(b)(2) shall be 120 days. GAC20 means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days. Galvanized requiring replacement service line, for the purpose of subpart I of this part only, means a galvanized service line that currently is or ever was downstream of a lead service line; or is currently downstream of a lead status unknown service line. For this definition, downstream means in the direction of flow through the service line. If the water system is unable to demonstrate that the galvanized service line was never downstream of a lead service line, it is a galvanized requiring replacement service line for purposes of the service line inventory and replacement requirements pursuant to § 141.84. Galvanized service line, for the purpose of subpart I of this part only, means a service line that is made of iron or steel that has been dipped in zinc to prevent corrosion and rusting. Ground water under the direct influence of surface water (GWUDI) means any water beneath the surface of the ground with significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions. Direct influence must be determined for individual sources in accordance with criteria established by the State. The State determination of direct influence may be based on site-specific measurements of water quality and/or documentation of well construction characteristics and geology with field evaluation. Gross alpha particle activity means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample. Gross beta particle activity means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample. Haloacetic acids (five) (HAA5) mean the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid), rounded to two significant figures after addition. Halogen means one of the chemical elements chlorine, bromine or iodine. Hazard Index (HI) is the sum of component hazard quotients (HQs), which are calculated by dividing the measured regulated PFAS component contaminant concentration in water (e.g., expressed as parts per trillion (ppt) or nanograms per liter (ng/l)) by the associated health-based water concentration (HBWC) expressed in the same units as the measured concentration (e.g., ppt or ng/l). For PFAS, a mixture Hazard Index greater than 1 (unitless) is an exceedance of the MCL. Hazard quotient (HQ) means the ratio of the measured concentration in drinking water to the health-based water concentration (HBWC). Health-based water concentration (HBWC) means level below which there are no known or anticipated adverse health effects over a lifetime of exposure, including sensitive populations and life stages, and allows for an adequate margin of safety. HFPO-DA or GenX chemicals means Chemical Abstract Service registration number 122499-17-6, chemical formula C6F11O3-, International Union of Pure and Applied Chemistry preferred name 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propanoate, along with its conjugate acid and any salts, derivatives, isomers, or combinations thereof. Initial compliance period means the first full three-year compliance period which begins at least 18 months after promulgation, except for contaminants listed at § 141.61(a) (19)-(21), (c) (19)-(33), and § 141.62(b) (11)-(15), initial compliance period means the first full three-year compliance period after promulgation for systems with 150 or more service connections (January 1993-December 1995), and first full three-year compliance period after the effective date of the regulation (January 1996-December 1998) for systems having fewer than 150 service connections. Lake/reservoir refers to a natural or man made basin or hollow on the Earth's surface in which water collects or is stored that may or may not have a current or single direction of flow. Large water system, for the purpose of subpart I of this part only, means a water system that serves more than 50,000 persons. Lead service line, for the purpose of subpart I of this part only, means a service line that is made of lead or where a portion of the service line is made of lead. A lead-lined galvanized service line is defined as a lead service line. Lead status unknown service line, for the purpose of subpart I of this part only, means a service line whose pipe material has not been demonstrated to be a lead service line, galvanized requiring replacement service line, or a non-lead service line pursuant to § 141.84(a)(3). Legionella means a genus of bacteria, some species of which have caused a type of pneumonia called Legionnaires Disease. Level 1 assessment is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. It is conducted by the system operator or owner. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. Level 2 assessment is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system (including the system's monitoring and operational practices) than does a Level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. It is conducted by an individual approved by the State, which may include the system operator. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. The system must comply with any expedited actions or additional actions required by the State in the case of an E. coli MCL violation. Locational running annual average (LRAA) is the average of sample analytical results for samples taken at a particular monitoring location during the previous four calendar quarters. Man-made beta particle and photon emitters means all radionuclides emitting beta particles and/or photons listed in Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, NBS Handbook 69, except the daughter products of thorium-232, uranium-235 and uranium-238. Maximum contaminant level means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system. Maximum contaminant level goal or MCLG means the maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur, and which allows an adequate margin of safety. Maximum contaminant level goals are nonenforceable health goals. Maximum residual disinfectant level (MRDL) means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable possibility of adverse health effects. For chlorine and chloramines, a PWS is in compliance with the MRDL when the running annual average of monthly averages of samples taken in the distribution system, computed quarterly, is less than or equal to the MRDL. For chlorine dioxide, a PWS is in compliance with the MRDL when daily samples are taken at the entrance to the distribution system and no two consecutive daily samples exceed the MRDL. MRDLs are enforceable in the same manner as maximum contaminant levels under Section 1412 of the Safe Drinking Water Act. There is convincing evidence that addition of a disinfectant is necessary for control of waterborne microbial contaminants. Notwithstanding the MRDLs listed in § 141.65, operators may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health to address specific microbiological contamination problems caused by circumstances such as distribution line breaks, storm runoff events, source water contamination, or cross-connections. Maximum residual disinfectant level goal (MRDLG) means the maximum level of a disinfectant added for water treatment at which no known or anticipated adverse effect on the health of persons would occur, and which allows an adequate margin of safety. MRDLGs are nonenforceable health goals and do not reflect the benefit of the addition of the chemical for control of waterborne microbial contaminants. Maximum Total Trihalomethane Potential (MTP) means the maximum concentration of total trihalomethanes produced in a given water containing a disinfectant residual after 7 days at a temperature of 25 °C or above. Medium water system, for the purpose of subpart I of this part only, means a water system that serves greater than 10,000 persons and less than or equal to 50,000 persons. Membrane filtration is a pressure or vacuum driven separation process in which particulate matter larger than 1 micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis. Method detection limit (MDL) means the minimum concentration of a substance that can be measured and reported with 99 percent confidence that the analyte concentration is greater than zero and is determined from analysis of a sample in a given matrix containing the analyte. Near the first service connection means at one of the 20 percent of all service connections in the entire system that are nearest the water supply treatment facility, as measured by water transport time within the distribution system. Newly regulated public water system, for the purpose of subpart I only, refers to either: (1) An existing public water system that was not subject to National Primary Drinking Water Regulations in this part on October 16, 2024, because the system met the requirements of section 1411 of the Safe Drinking Water Act and § 141.3; or (2) An existing water system that did not meet the definition of a public water system in § 141.2 on October 16, 2024. This term does not include existing water systems under new or restructured ownership or management. Non-community water system means a public water system that is not a community water system. A non-community water system is either a “transient non-community water system (TWS)” or a “non-transient non-community water system (NTNCWS).” Non-transient non-community water system or NTNCWS means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year. Optimal corrosion control treatment (OCCT), for the purpose of subpart I of this part only, means the corrosion control treatment that minimizes the lead and copper concentrations at users' taps while ensuring that the treatment does not cause the water system to violate any National Primary Drinking Water Regulations in this part. Partial service line replacement, for the purpose of subpart I of this part only, means replacement of any portion of a lead service line or galvanized requiring replacement service line, as defined in this section, that leaves in service any length of lead or galvanized requiring replacement service line upon completion of the work. Performance evaluation sample means a reference sample provided to a laboratory for the purpose of demonstrating that the laboratory can successfully analyze the sample within limits of performance specified by the Agency. The true value of the concentration of the reference material is unknown to the laboratory at the time of the analysis. Person means an individual; corporation; company; association; partnership; municipality; or State, Federal, or tribal agency. PFBS means Chemical Abstract Service registration number 45187-15-3, chemical formula C4F9SO3-, perfluorobutane sulfonate, along with its conjugate acid and any salts, derivatives, isomers, or combinations thereof. PFHxS means Chemical Abstract Service registration number 108427-53-8, chemical formula C6F13SO3-, perfluorohexane sulfonate, along with its conjugate acid and any salts, derivatives, isomers, or combinations thereof. PFNA means Chemical Abstract Service registration number 72007-68-2, chemical formula C9F17O2-, perfluorononanoate, along with its conjugate acid and any salts, derivatives, isomers, or combinations thereof. PFOA means Chemical Abstract Service registration number 45285-51-6, chemical formula C8F15O2-, perfluorooctanoate, along with its conjugate acid and any salts, derivatives, isomers, or combinations thereof. PFOS means Chemical Abstract Service registration number 45298-90-6, chemical formula C8F17SO3-, perfluorooctanesulfonate, along with its conjugate acid and any salts, derivatives, isomers, or combinations thereof. Picocurie (pCi) means the quantity of radioactive material producing 2.22 nuclear transformations per minute. Pitcher filter means a non-plumbed water filtration device, which consists of a gravity fed water filtration cartridge and a filtered drinking water reservoir, that is certified by an American National Standards Institute accredited certifier to reduce lead in drinking water. Plant intake refers to the works or structures at the head of a conduit through which water is diverted from a source (e.g., river or lake) into the treatment plant. Point of disinfectant application is the point where the disinfectant is applied and water downstream of that point is not subject to recontamination by surface water runoff. Point-of-entry treatment device (POE) is a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building. Point-of-use treatment device or point of use device (POU) is a water treatment device physically installed or connected to a single fixture, outlet, or tap to reduce or remove contaminants in drinking water. For the purposes of subpart I of this part, it must be certified by an American National Standards Institute accredited certifier to reduce lead in drinking water. Practical quantitation limit (PQL) means the minimum concentration of an analyte (substance) that can be measured with a high degree of confidence that the analyte is present at or above that concentration. Presedimentation is a preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant. Pre-stagnation flushing is the opening of tap(s) to flush standing water from plumbing prior to the minimum 6-hour stagnation period in anticipation of lead and copper tap sampling under subpart I of this part. Public water system means a system for the provision to the public of water for human consumption through pipes or, after August 5, 1998, other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year. Such term includes: any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Such term does not include any “special irrigation district.” A public water system is either a “community water system” or a “noncommunity water system.” Rem means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A “millirem (mrem)” is 1/1000 of a rem. Repeat compliance period means any subsequent compliance period after the initial compliance period. Residual disinfectant concentration (“C” in CT calculations) means the concentration of disinfectant measured in mg/l in a representative sample of water. Sanitary defect is a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place. Sanitary survey means an onsite review of the water source, facilities, equipment, operation and maintenance of a public water system for the purpose of evaluating the adequacy of such source, facilities, equipment, operation and maintenance for producing and distributing safe drinking water. School, for the purpose of subpart I of this part only, means any building(s) associated with public, private, or charter institutions that primarily provides teaching and learning for elementary or secondary students. Seasonal system is a non-community water system that is not operated as a public water system on a year-round basis and starts up and shuts down at the beginning and end of each operating season. Secondary school, for the purpose of subpart I of this part only, means a school comprising any span of grades beginning with the next grade following an elementary school (usually 7, 8, or 9) and ending with grade 12. Secondary schools include both junior high schools and senior high schools and typically span grades 7 through 12. Sedimentation means a process for removal of solids before filtration by gravity or separation. Service connection, as used in the definition of public water system, does not include a connection to a system that delivers water by a constructed conveyance other than a pipe if: (1) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses); (2) The State determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or (3) The State determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations. Service line, for the purpose of subpart I of this part only, means a portion of pipe that connects the water main (or other conduit for distributing water to individual consumers or groups of consumers) to the building inlet. Where a building is not present, the service line connects the water main (or other conduit for distributing water to individual consumers or groups of consumers) to the outlet. Single family structure, for the purpose of subpart I of this part only, means a building constructed as a single-family residence that is currently used as either a residence or a place of business. Slow sand filtration means a process involving passage of raw water through a bed of sand at low velocity (generally less than 0.4 m/h) resulting in substantial particulate removal by physical and biological mechanisms. Small water system, for the purpose of subpart I of this part only, means a water system that serves 10,000 persons or fewer. Special irrigation district means an irrigation district in existence prior to May 18, 1994 that provides primarily agricultural service through a piped water system with only incidental residential or similar use where the system or the residential or similar users of the system comply with the exclusion provisions in section 1401(4)(B)(i)(II) or (III). Standard sample means the aliquot of finished drinking water that is examined for the presence of coliform bacteria. State means the agency of the State or Tribal government which has jurisdiction over public water systems. During any period when a State or Tribal government does not have primary enforcement responsibility pursuant to section 1413 of the Act, the term “State” means the Regional Administrator, U.S. Environmental Protection Agency. Subpart H systems means public water systems using surface water or ground water under the direct influence of surface water as a source that are subject to the requirements of subpart H of this part. Supplier of water means any person who owns or operates a public water system. Surface water means all water which is open to the atmosphere and subject to surface runoff. SUVA means Specific Ultraviolet Absorption at 254 nanometers (nm), an indicator of the humic content of water. It is a calculated parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (UV 254 ) (in m = 1 ) by its concentration of dissolved organic carbon (DOC) (in mg/L). System with a single service connection means a system which supplies drinking water to consumers via a single service line. System without corrosion control treatment, for the purpose of subpart I of this part, means a water system that does not have or purchases all of its water from a system that does not have: (1) An optimal corrosion control treatment approved by the State; or (2) Any pH adjustment, alkalinity adjustment, and/or corrosion inhibitor addition resulting from other water quality adjustments as part of its treatment train infrastructure. Tap monitoring period, for the purpose of subpart I of this part only, means the period of time during which each water system must conduct tap sampling for lead and copper analysis. The applicable tap monitoring period is determined by lead and copper concentrations in tap samples. The length of the tap monitoring period can range from six months to nine years. Tap sampling period, for the purpose of subpart I of this part only, means the time period, within a tap monitoring period, during which the water system is required to collect samples for lead and copper analysis. Tap sampling protocol means the method for collecting tap samples pursuant to § 141.86(b). Too numerous to count means that the total number of bacterial colonies exceeds 200 on a 47-mm diameter membrane filter used for coliform detection. Total Organic Carbon (TOC) means total organic carbon in mg/L measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures. Total trihalomethanes (TTHM) means the sum of the concentration in milligrams per liter of the trihalomethane compounds (trichloromethane [chloroform], dibromochloromethane, bromodichloromethane and tribromomethane [bromoform]), rounded to two significant figures. Transient non-community water system or TWS means a non-community water system that does not regularly serve at least 25 of the same persons over six months per year. Trihalomethane (THM) means one of the family of organic compounds, named as derivatives of methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure. Two-stage lime softening is a process in which chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration. Uncovered finished water storage facility is a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens except residual disinfection and is directly open to the atmosphere. Virus means a virus of fecal origin which is infectious to humans by waterborne transmission. Waterborne disease outbreak means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system which is deficient in treatment, as determined by the appropriate local or State agency. Wholesale system is a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems. Wide-mouth bottles, for the purpose of subpart I of this part only, means bottles one liter in volume that have a mouth with an inner diameter that measures at least 40 millimeters wide." 40:40:25.0.1.1.4.1.16.3,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,A,Subpart A—General,,§ 141.3 Coverage.,EPA,,,,"This part shall apply to each public water system, unless the public water system meets all of the following conditions: (a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities); (b) Obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply: (c) Does not sell water to any person; and (d) Is not a carrier which conveys passengers in interstate commerce." 40:40:25.0.1.1.4.1.16.4,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,A,Subpart A—General,,§ 141.4 Variances and exemptions.,EPA,,,"[78 FR 10346, Feb. 13, 2013]","(a) Variances or exemptions from certain provisions of these regulations may be granted pursuant to sections 1415 and 1416 of the Act and subpart K of part 142 of this chapter (for small system variances) by the entity with primary enforcement responsibility, except that variances or exemptions from the MCLs for total coliforms and E. coli and variances from any of the treatment technique requirements of subpart H of this part may not be granted. (b) EPA has stayed the effective date of this section relating to the total coliform MCL of § 141.63(a) for systems that demonstrate to the State that the violation of the total coliform MCL is due to a persistent growth of total coliforms in the distribution system rather than fecal or pathogenic contamination, a treatment lapse or deficiency, or a problem in the operation or maintenance of the distribution system. This is stayed until March 31, 2016, at which time the total coliform MCL is no longer effective. As provided in § 142.304(a), small system variances are not available for rules addressing microbial contaminants, which would include subparts H, P, S, T, W, and Y of this part." 40:40:25.0.1.1.4.1.16.5,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,A,Subpart A—General,,§ 141.5 Siting requirements.,EPA,,,,"Before a person may enter into a financial commitment for or initiate construction of a new public water system or increase the capacity of an existing public water system, he shall notify the State and, to the extent practicable, avoid locating part or all of the new or expanded facility at a site which: (a) Is subject to a significant risk from earthquakes, floods, fires or other disasters which could cause a breakdown of the public water system or a portion thereof; or (b) Except for intake structures, is within the floodplain of a 100-year flood or is lower than any recorded high tide where appropriate records exist. The U.S. Environmental Protection Agency will not seek to override land use decisions affecting public water systems siting which are made at the State or local government levels." 40:40:25.0.1.1.4.1.16.6,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,A,Subpart A—General,,§ 141.6 Effective dates.,EPA,,,"[44 FR 68641, Nov. 29, 1979, as amended at 45 FR 57342, Aug. 27, 1980; 47 FR 10998, Mar. 12, 1982; 51 FR 11410, Apr. 2, 1986; 56 FR 30274, July 1, 1991; 57 FR 22178, May 27, 1992; 57 FR 31838, July 17, 1992; 59 FR 34322, July 1, 1994; 61 FR 24368, May 14, 1996; 66 FR 7061, Jan. 22, 2001; 66 FR 28350, May 22, 2001; 89 FR 32744, Apr. 26, 2024]","(a) Except as provided in paragraphs (b) through (l) of this section the regulations set forth in this part take effect on June 24, 1977. (b) The regulations for total trihalomethanes set forth in § 141.12(c) shall take effect 2 years after the date of promulgation of these regulations for community water systems serving 75,000 or more individuals, and 4 years after the date of promulgation for communities serving 10,000 to 74,999 individuals. (c) The regulations set forth in §§ 141.11(d); 141.21(a), (c) and (i); 141.22(a) and (e); 141.23(a)(3) and (a)(4); 141.23(f); 141.24(e) and (f); 141.25(e); 141.27(a); 141.28(a) and (b); 141.31(a), (d) and (e); 141.32(b)(3); and 141.32(d) shall take effect immediately upon promulgation. (d) The regulations set forth in § 141.41 shall take effect 18 months from the date of promulgation. Suppliers must complete the first round of sampling and reporting within 12 months following the effective date. (e) The regulations set forth in § 141.42 shall take effect 18 months from the date of promulgation. All requirements in § 141.42 must be completed within 12 months following the effective date. (f) The regulations set forth in § 141.11(c) and § 141.23(g) are effective May 2, 1986. Section 141.23(g)(4) is effective October 2, 1987. (g) The regulations contained in § 141.6, paragraph (c) of the table in §§ 141.12, and 141.62(b)(1) are effective July 1, 1991. The regulations contained in §§ 141.11(b), 141.23, 141.24, 142.57(b), 143.4(b)(12) and (b)(13), are effective July 30, 1992. The regulations contained in the revisions to §§ 141.32(e) (16), (25) through (27) and (46); 141.61(c)(16); and 141.62(b)(3) are effective January 1, 1993. The effective date of regulations contained in § 141.61(c) (2), (3), and (4) is postponed. (h) Regulations for the analytic methods listed at § 141.23(k)(4) for measuring antimony, beryllium, cyanide, nickel, and thallium are effective August 17, 1992. Regulations for the analytic methods listed at § 141.24(f)(16) for dichloromethane, 1,2,4-trichlorobenzene, and 1,1,2-trichloroethane are effective August 17, 1992. Regulations for the analytic methods listed at § 141.24(h)(12) for measuring dalapon, dinoseb, diquat, endothall, endrin, glyphosate, oxamyl, picloram, simazine, benzo(a)pyrene, di(2-ethylhexyl)adipate, di(2-ethylhexyl)phthalate, hexachlorobenzene, hexachlorocyclopentadiene, and 2,3,7,8-TCDD are effective August 17, 1992. The revision to § 141.12(a) promulgated on July 17, 1992 is effective on August 17, 1992. (i) [Reserved] (j) The arsenic maximum contaminant levels (MCL) listed in § 141.62 is effective for the purpose of compliance on January 23, 2006. Requirements relating to arsenic set forth in §§ 141.23(i)(4), 141.23(k)(3) introductory text, 141.23(k)(3)(ii), 141.51(b), 141.62(b), 141.62(b)(16), 141.62(c), 141.62(d), and 142.62(b) revisions in appendix A of subpart O for the consumer confidence rule, and appendices A and B of subpart Q for the public notification rule are effective for the purpose of compliance on January 23, 2006. However, the consumer confidence rule reporting requirements relating to arsenic listed in § 141.154(b) and (f) are effective for the purpose of compliance on February 22, 2002. (k) Regulations set forth in §§ 141.23(i)(1), 141.23(i)(2), 141.24(f)(15), 141.24(f)(22), 141.24(h)(11), 141.24(h)(20), 142.16(e), 142.16(j), and 142.16(k) are effective for the purpose of compliance on January 22, 2004. (l) The regulations pertaining to the per- and polyfluoroalkyl substances (PFAS) chemicals set forth in subpart Z of this part are effective June 25, 2024. See § 141.900 for the compliance dates for provisions under subpart Z. Compliance with reporting requirements under subpart Z, in accordance with subparts O (the consumer confidence rule) and Q (the public notification rule) of this part are required on April 26, 2027, except for notification requirements in § 141.203 related to violations of the MCLs. The compliance date for the PFAS MCLs in § 141.61, as specified in § 141.60, and for § 141.203 notifications of violations of the PFAS MCLs is April 26, 2029." 40:40:25.0.1.1.4.10.16.1,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,J,Subpart J—Use of Non-Centralized Treatment Devices,,§ 141.100 Criteria and procedures for public water systems using point-of-entry devices.,EPA,,,"[52 FR 25716, July 8, 1987; 53 FR 25111, July 1, 1988]","(a) Public water systems may use point-of-entry devices to comply with maximum contaminant levels only if they meet the requirements of this section. (b) It is the responsibility of the public water system to operate and maintain the point-of-entry treatment system. (c) The public water system must develop and obtain State approval for a monitoring plan before point-of-entry devices are installed for compliance. Under the plan approved by the State, point-of-entry devices must provide health protection equivalent to central water treatment. “Equivalent” means that the water would meet all national primary drinking water regulations and would be of acceptable quality similar to water distributed by a well-operated central treatment plant. In addition to the VOCs, monitoring must include physical measurements and observations such as total flow treated and mechanical condition of the treatment equipment. (d) Effective technology must be properly applied under a plan approved by the State and the microbiological safety of the water must be maintained. (1) The State must require adequate certification of performance, field testing, and, if not included in the certification process, a rigorous engineering design review of the point-of-entry devices. (2) The design and application of the point-of-entry devices must consider the tendency for increase in heterotrophic bacteria concentrations in water treated with activated carbon. It may be necessary to use frequent backwashing, post-contactor disinfection, and Heterotrophic Plate Count monitoring to ensure that the microbiological safety of the water is not compromised. (e) All consumers shall be protected. Every building connected to the system must have a point-of-entry device installed, maintained, and adequately monitored. The State must be assured that every building is subject to treatment and monitoring, and that the rights and responsibilities of the public water system customer convey with title upon sale of property." 40:40:25.0.1.1.4.10.16.2,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,J,Subpart J—Use of Non-Centralized Treatment Devices,,§ 141.101 Use of bottled water.,EPA,,,"[63 FR 31934, June 11, 1998]",Public water systems shall not use bottled water to achieve compliance with an MCL. Bottled water may be used on a temporary basis to avoid unreasonable risk to health. 40:40:25.0.1.1.4.11.16.1,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,K,Subpart K—Treatment Techniques,,§ 141.110 General requirements.,EPA,,,,The requirements of subpart K of this part constitute national primary drinking water regulations. These regulations establish treatment techniques in lieu of maximum contaminant levels for specified contaminants. 40:40:25.0.1.1.4.11.16.2,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,K,Subpart K—Treatment Techniques,,§ 141.111 Treatment techniques for acrylamide and epichlorohydrin.,EPA,,,,"Each public water system must certify annually in writing to the State (using third party or manufacturer's certification) that when acrylamide and epichlorohydrin are used in drinking water systems, the combination (or product) of dose and monomer level does not exceed the levels specified as follows: Acrylamide = 0.05% dosed at 1 ppm (or equivalent) Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent) Acrylamide = 0.05% dosed at 1 ppm (or equivalent) Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent) Certifications can rely on manufacturers or third parties, as approved by the State." 40:40:25.0.1.1.4.12.16.1,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,L,"Subpart L—Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors",,§ 141.130 General requirements.,EPA,,,"[63 FR 69466, Dec. 16, 1998, as amended at 66 FR 3776, Jan. 16, 2001]","(a) The requirements of this subpart L constitute national primary drinking water regulations. (1) The regulations in this subpart establish criteria under which community water systems (CWSs) and nontransient, noncommunity water systems (NTNCWSs) which add a chemical disinfectant to the water in any part of the drinking water treatment process must modify their practices to meet MCLs and MRDLs in §§ 141.64 and 141.65, respectively, and must meet the treatment technique requirements for disinfection byproduct precursors in § 141.135. (2) The regulations in this subpart establish criteria under which transient NCWSs that use chlorine dioxide as a disinfectant or oxidant must modify their practices to meet the MRDL for chlorine dioxide in § 141.65. (3) EPA has established MCLs for TTHM and HAA5 and treatment technique requirements for disinfection byproduct precursors to limit the levels of known and unknown disinfection byproducts which may have adverse health effects. These disinfection byproducts may include chloroform; bromodichloromethane; dibromochloromethane; bromoform; dichloroacetic acid; and trichloroacetic acid. (b) Compliance dates —(1) CWSs and NTNCWSs. Unless otherwise noted, systems must comply with the requirements of this subpart as follows. Subpart H systems serving 10,000 or more persons must comply with this subpart beginning January 1, 2002. Subpart H systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with this subpart beginning January 1, 2004. (2) Transient NCWSs. Subpart H systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with any requirements for chlorine dioxide in this subpart beginning January 1, 2002. Subpart H systems serving fewer than 10,000 persons and using chlorine dioxide as a disinfectant or oxidant and systems using only ground water not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with any requirements for chlorine dioxide in this subpart beginning January 1, 2004. (c) Each CWS and NTNCWS regulated under paragraph (a) of this section must be operated by qualified personnel who meet the requirements specified by the State and are included in a State register of qualified operators. (d) Control of disinfectant residuals. Notwithstanding the MRDLs in § 141.65, systems may increase residual disinfectant levels in the distribution system of chlorine or chloramines (but not chlorine dioxide) to a level and for a time necessary to protect public health, to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm run-off events, source water contamination events, or cross-connection events." 40:40:25.0.1.1.4.12.16.2,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,L,"Subpart L—Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors",,§ 141.131 Analytical requirements.,EPA,,,"[63 FR 69466, Dec. 16, 1998, as amended at 66 FR 3776, Jan. 16, 2001; 71 FR 479, Jan. 4, 2006; 71 FR 37168, June 29, 2006; 74 FR 30958, June 29, 2009]","(a) General. (1) Systems must use only the analytical methods specified in this section, or their equivalent as approved by EPA, to demonstrate compliance with the requirements of this subpart and with the requirements of subparts U and V of this part. These methods are effective for compliance monitoring February 16, 1999, unless a different effective date is specified in this section or by the State. (2) The following documents 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. Copies may be inspected at EPA's Drinking Water Docket, 1301 Constitution Avenue, NW., EPA West, Room B102, Washington, DC 20460, or at the National Archives and Records Administration (NARA). For information on 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. EPA Method 552.1 is in Methods for the Determination of Organic Compounds in Drinking Water-Supplement II, USEPA, August 1992, EPA/600/R-92/129 (available through National Information Technical Service (NTIS), PB92-207703). EPA Methods 502.2, 524.2, 551.1, and 552.2 are in Methods for the Determination of Organic Compounds in Drinking Water-Supplement III, USEPA, August 1995, EPA/600/R-95/131 (available through NTIS, PB95-261616). EPA Method 300.0 is in Methods for the Determination of Inorganic Substances in Environmental Samples, USEPA, August 1993, EPA/600/R-93/100 (available through NTIS, PB94-121811). EPA Methods 300.1 and 321.8 are in Methods for the Determination of Organic and Inorganic Compounds in Drinking Water, Volume 1, USEPA, August 2000, EPA 815-R-00-014 (available through NTIS, PB2000-106981). EPA Method 317.0, Revision 2.0, “Determination of Inorganic Oxyhalide Disinfection By-Products in Drinking Water Using Ion Chromatography with the Addition of a Postcolumn Reagent for Trace Bromate Analysis,” USEPA, July 2001, EPA 815-B-01-001, EPA Method 326.0, Revision 1.0, “Determination of Inorganic Oxyhalide Disinfection By-Products in Drinking Water Using Ion Chromatography Incorporating the Addition of a Suppressor Acidified Postcolumn Reagent for Trace Bromate Analysis,” USEPA, June 2002, EPA 815-R-03-007, EPA Method 327.0, Revision 1.1, “Determination of Chlorine Dioxide and Chlorite Ion in Drinking Water Using Lissamine Green B and Horseradish Peroxidase with Detection by Visible Spectrophotometry,” USEPA, May 2005, EPA 815-R-05-008 and EPA Method 552.3, Revision 1.0, “Determination of Haloacetic Acids and Dalapon in Drinking Water by Liquid-liquid Microextraction, Derivatization, and Gas Chromatography with Electron Capture Detection,” USEPA, July 2003, EPA-815-B-03-002 can be accessed and downloaded directly on-line at http://www.epa.gov/safewater/methods/sourcalt.html. EPA Method 415.3, Revision 1.1, “Determination of Total Organic Carbon and Specific UV Absorbance at 254 nm in Source Water and Drinking Water,” USEPA, February 2005, EPA/600/R-05/055 can be accessed and downloaded directly on-line at www.epa.gov/nerlcwww/ordmeth.htm. Standard Methods 4500-Cl D, 4500-Cl E, 4500-Cl F, 4500-Cl G, 4500-Cl H, 500-Cl I, 4500-ClO 2 D, 4500-ClO 2 E, 6251 B, and 5910 B shall be followed in accordance with Standard Methods for the Examination of Water and Wastewater, 19th or 20th Editions, American Public Health Association, 1995 and 1998, respectively. The cited methods published in either edition may be used. Standard Methods 5310 B, 5310 C, and 5310 D shall be followed in accordance with the Supplement to the 19th Edition of Standard Methods for the Examination of Water and Wastewater, or the Standard Methods for the Examination of Water and Wastewater, 20th Edition, American Public Health Association, 1996 and 1998, respectively. The cited methods published in either edition may be used. Copies may be obtained from the American Public Health Association, 1015 Fifteenth Street, NW., Washington, DC 20005. Standard Methods 4500-Cl D-00, 4500-Cl E-00, 4500-Cl F-00, 4500-Cl G-00, 4500-Cl H-00, 4500-Cl I-00, 4500-ClO 2 E-00, 6251 B-94, 5310 B-00, 5310 C-00, 5310 D-00 and 5910 B-00 are available at http://www.standardmethods.org or at EPA's Water Docket. The year in which each method was approved by the Standard Methods Committee is designated by the last two digits in the method number. The methods listed are the only Online versions that are IBR-approved. ASTM Methods D 1253-86 and D 1253-86 (Reapproved 1996) shall be followed in accordance with the Annual Book of ASTM Standards, Volume 11.01, American Society for Testing and Materials International, 1996 or any ASTM edition containing the IBR-approved version of the method may be used. ASTM Method D1253-03 shall be followed in accordance with the Annual Book of ASTM Standards, Volume 11.01, American Society for Testing and Materials International, 2004 or any ASTM edition containing the IBR-approved version of the method may be used. ASTM Method D 6581-00 shall be followed in accordance with the Annual Book of ASTM Standards, Volume 11.01, American Society for Testing and Materials International, 2001 or any ASTM edition containing the IBR-approved version of the method may be used; copies may be obtained from the American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. (b) Disinfection byproducts. (1) Systems must measure disinfection byproducts by the methods (as modified by the footnotes) listed in the following table or one of the alternative methods listed in appendix A to subpart C of this part: Approved Methods for Disinfection Byproduct Compliance Monitoring 1 P&T = purge and trap; GC = gas chromatography; ElCD = electrolytic conductivity detector; PID = photoionization detector; MS = mass spectrometer; LLE = liquid/liquid extraction; ECD = electron capture detector; SPE = solid phase extraction; IC = ion chromatography; ICP-MS = inductively coupled plasma/mass spectrometer. 2 19th and 20th editions of Standard Methods for the Examination of Water and Wastewater, 1995 and 1998, respectively, American Public Health Association; either of these editions may be used. 3 Annual Book of ASTM Standards, 2001 or any year containing the cited version of the method, Vol 11.01. 4 If TTHMs are the only analytes being measured in the sample, then a PID is not required. 5 The samples must be extracted within 14 days of sample collection. 6 Ion chromatography & post column reaction or IC/ICP-MS must be used for monitoring of bromate for purposes of demonstrating eligibility of reduced monitoring, as prescribed in § 141.132(b)(3)(ii). 7 Samples must be preserved at the time of sampling with 50 mg ethylenediamine (EDA)/L of sample and must be analyzed within 28 days. 8 Amperometric titration or spectrophotometry may be used for routine daily monitoring of chlorite at the entrance to the distribution system, as prescribed in § 141.132(b)(2)(i)(A). Ion chromatography must be used for routine monthly monitoring of chlorite and additional monitoring of chlorite in the distribution system, as prescribed in § 141.132(b)(2)(i)(B) and (b)(2)(ii). 9 The Standard Methods Online version that is approved is indicated by the last two digits in the method number which is the year of approval by the Standard Method Committee. Standard Methods Online are available at http://www.standardmethods.org. (2) Analyses under this section for disinfection byproducts must be conducted by laboratories that have received certification by EPA or the State, except as specified under paragraph (b)(3) of this section. To receive certification to conduct analyses for the DBP contaminants in §§ 141.64, 141.135, and subparts U and V of this part, the laboratory must: (i) Analyze Performance Evaluation (PE) samples that are acceptable to EPA or the State at least once during each consecutive 12 month period by each method for which the laboratory desires certification. (ii) Until March 31, 2007, in these analyses of PE samples, the laboratory must achieve quantitative results within the acceptance limit on a minimum of 80% of the analytes included in each PE sample. The acceptance limit is defined as the 95% confidence interval calculated around the mean of the PE study between a maximum and minimum acceptance limit of ±50% and ±15% of the study mean. (iii) Beginning April 1, 2007, the laboratory must achieve quantitative results on the PE sample analyses that are within the following acceptance limits: (iv) Beginning April 1, 2007, report quantitative data for concentrations at least as low as the ones listed in the following table for all DBP samples analyzed for compliance with §§ 141.64, 141.135, and subparts U and V of this part: 1 The calibration curve must encompass the regulatory minimum reporting level (MRL) concentration. Data may be reported for concentrations lower than the regulatory MRL as long as the precision and accuracy criteria are met by analyzing an MRL check standard at the lowest reporting limit chosen by the laboratory. The laboratory must verify the accuracy of the calibration curve at the MRL concentration by analyzing an MRL check standard with a concentration less than or equal to 110% of the MRL with each batch of samples. The measured concentration for the MRL check standard must be ±50% of the expected value, if any field sample in the batch has a concentration less than 5 times the regulatory MRL. Method requirements to analyze higher concentration check standards and meet tighter acceptance criteria for them must be met in addition to the MRL check standard requirement. 2 When adding the individual trihalomethane or haloacetic acid concentrations to calculate the TTHM or HAA5 concentrations, respectively, a zero is used for any analytical result that is less than the MRL concentration for that DBP, unless otherwise specified by the State. (3) A party approved by EPA or the State must measure daily chlorite samples at the entrance to the distribution system. (c) Disinfectant residuals. (1) Systems must measure residual disinfectant concentration for free chlorine, combined chlorine (chloramines), and chlorine dioxide by the methods listed in the following table or one of the alternative methods listed in appendix A to subpart C of this part: 1 X indicates method is approved for measuring specified disinfectant residual. Free chlorine or total chlorine may be measured for demonstrating compliance with the chlorine MRDL and combined chlorine, or total chlorine may be measured for demonstrating compliance with the chloramine MRDL. 2 The Standard Methods Online version that is approved is indicated by the last two digits in the method number which is the year of approval by the Standard Method Committee. Standard Methods Online are available at http://www.standardmethods.org. (2) If approved by the State, systems may also measure residual disinfectant concentrations for chlorine, chloramines, and chlorine dioxide by using DPD colorimetric test kits. (3) A party approved by EPA or the State must measure residual disinfectant concentration. (d) Additional analytical methods. Systems required to analyze parameters not included in paragraphs (b) and (c) of this section must use the following methods or one of the alternative methods listed in appendix A to subpart C of this part. A party approved by EPA or the State must measure these parameters. (1) Alkalinity. All methods allowed in § 141.89(a) for measuring alkalinity. (2) Bromide. EPA Methods 300.0, 300.1, 317.0 Revision 2.0, 326.0, or ASTM D 6581-00. (3) Total Organic Carbon (TOC). Standard Method 5310 B or 5310 B-00 (High-Temperature Combustion Method) or Standard Method 5310 C or 5310 C-00 (Persulfate-Ultraviolet or Heated-Persulfate Oxidation Method) or Standard Method 5310 D or 5310 D-00 (Wet-Oxidation Method) or EPA Method 415.3 Revision 1.1. Inorganic carbon must be removed from the samples prior to analysis. TOC samples may not be filtered prior to analysis. TOC samples must be acidified at the time of sample collection to achieve pH less than or equal to 2 with minimal addition of the acid specified in the method or by the instrument manufacturer. Acidified TOC samples must be analyzed within 28 days. (4) Specific Ultraviolet Absorbance (SUVA). SUVA is equal to the UV absorption at 254nm (UV 254 ) (measured in m- 1 divided by the dissolved organic carbon (DOC) concentration (measured as mg/L). In order to determine SUVA, it is necessary to separately measure UV 254 and DOC. When determining SUVA, systems must use the methods stipulated in paragraph (d)(4)(i) of this section to measure DOC and the method stipulated in paragraph (d)(4)(ii) of this section to measure UV 254 . SUVA must be determined on water prior to the addition of disinfectants/oxidants by the system. DOC and UV 254 samples used to determine a SUVA value must be taken at the same time and at the same location. (i) Dissolved Organic Carbon (DOC). Standard Method 5310 B or 5310 B-00 (High-Temperature Combustion Method) or Standard Method 5310 C or 5310 C-00 (Persulfate-Ultraviolet or Heated-Persulfate Oxidation Method) or Standard Method 5310 D or 5310 D-00 (Wet-Oxidation Method) or EPA Method 415.3 Revision 1.1. DOC samples must be filtered through the 0.45 μm pore-diameter filter as soon as practical after sampling, not to exceed 48 hours. After filtration, DOC samples must be acidified to achieve pH less than or equal to 2 with minimal addition of the acid specified in the method or by the instrument manufacturer. Acidified DOC samples must be analyzed within 28 days of sample collection. Inorganic carbon must be removed from the samples prior to analysis. Water passed through the filter prior to filtration of the sample must serve as the filtered blank. This filtered blank must be analyzed using procedures identical to those used for analysis of the samples and must meet the following criteria: DOC <0.5 mg/L. (ii) Ultraviolet Absorption at 254 nm (UV 254 ). Standard Method 5910 B or 5910 B-00 (Ultraviolet Absorption Method) or EPA Method 415.3 Revision 1.1. UV absorption must be measured at 253.7 nm (may be rounded off to 254 nm). Prior to analysis, UV 254 samples must be filtered through a 0.45 μm pore-diameter filter. The pH of UV 254 samples may not be adjusted. Samples must be analyzed as soon as practical after sampling, not to exceed 48 hours. (5) pH. All methods allowed in § 141.23(k)(1) for measuring pH. (6) Magnesium. All methods allowed in § 141.23(k)(1) for measuring magnesium." 40:40:25.0.1.1.4.12.16.3,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,L,"Subpart L—Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors",,§ 141.132 Monitoring requirements.,EPA,,,"[63 FR 69466, Dec. 16, 1998, as amended at 66 FR 3776, Jan. 16, 2001; 69 FR 38856, June 29, 2004; 71 FR 482, Jan. 4, 2006; 78 FR 10348, Feb. 13, 2013]","(a) General requirements. (1) Systems must take all samples during normal operating conditions. (2) Systems may consider multiple wells drawing water from a single aquifer as one treatment plant for determining the minimum number of TTHM and HAA5 samples required, with State approval in accordance with criteria developed under § 142.16(h)(5) of this chapter. (3) Failure to monitor in accordance with the monitoring plan required under paragraph (f) of this section is a monitoring violation. (4) Failure to monitor will be treated as a violation for the entire period covered by the annual average where compliance is based on a running annual average of monthly or quarterly samples or averages and the system's failure to monitor makes it impossible to determine compliance with MCLs or MRDLs. (5) Systems may use only data collected under the provisions of this subpart to qualify for reduced monitoring. (b) Monitoring requirements for disinfection byproducts —(1) TTHMs and HAA5 —(i) Routine monitoring. Systems must monitor at the frequency indicated in the following table: Routine Monitoring Frequency for TTHM and HAA5 1 If a system elects to sample more frequently than the minimum required, at least 25 percent of all samples collected each quarter (including those taken in excess of the required frequency) must be taken at locations that represent the maximum residence time of the water in the distribution system. The remaining samples must be taken at locations representative of at least average residence time in the distribution system. 2 Multiple wells drawing water from a single aquifer may be considered one treatment plant for determining the minimum number of samples required, with State approval in accordance with criteria developed under § 142.16(h)(5) of this chapter. (ii) Systems may reduce monitoring, except as otherwise provided, in accordance with the following table: Reduced Monitoring Frequency for TTHM and HAA5 (iii) Monitoring requirements for source water TOC. In order to qualify for reduced monitoring for TTHM and HAA5 under paragraph (b)(1)(ii) of this section, subpart H systems not monitoring under the provisions of paragraph (d) of this section must take monthly TOC samples every 30 days at a location prior to any treatment, beginning April 1, 2008 or earlier, if specified by the State. In addition to meeting other criteria for reduced monitoring in paragraph (b)(1)(ii) of this section, the source water TOC running annual average must be ≤4.0 mg/L (based on the most recent four quarters of monitoring) on a continuing basis at each treatment plant to reduce or remain on reduced monitoring for TTHM and HAA5. Once qualified for reduced monitoring for TTHM and HAA5 under paragraph (b)(1)(ii) of this section, a system may reduce source water TOC monitoring to quarterly TOC samples taken every 90 days at a location prior to any treatment. (iv) Systems on a reduced monitoring schedule may remain on that reduced schedule as long as the average of all samples taken in the year (for systems which must monitor quarterly) or the result of the sample (for systems which must monitor no more frequently than annually) is no more than 0.060 mg/L and 0.045 mg/L for TTHMs and HAA5, respectively. Systems that do not meet these levels must resume monitoring at the frequency identified in paragraph (b)(1)(i) of this section (minimum monitoring frequency column) in the quarter immediately following the monitoring period in which the system exceeds 0.060 mg/L or 0.045 mg/L for TTHMs and HAA5, respectively. For systems using only ground water not under the direct influence of surface water and serving fewer than 10,000 persons, if either the TTHM annual average is >0.080 mg/L or the HAA5 annual average is >0.060 mg/L, the system must go to the increased monitoring identified in paragraph (b)(1)(i) of this section (sample location column) in the quarter immediately following the monitoring period in which the system exceeds 0.080 mg/L or 0.060 mg/L for TTHMs or HAA5 respectively. (v) Systems on increased monitoring may return to routine monitoring if, after at least one year of monitoring their TTHM annual average is ≤0.060 mg/L and their HAA5 annual average is ≤0.045 mg/L. (vi) The State may return a system to routine monitoring at the State's discretion. (2) Chlorite. Community and nontransient noncommunity water systems using chlorine dioxide, for disinfection or oxidation, must conduct monitoring for chlorite. (i) Routine monitoring —(A) Daily monitoring. Systems must take daily samples at the entrance to the distribution system. For any daily sample that exceeds the chlorite MCL, the system must take additional samples in the distribution system the following day at the locations required by paragraph (b)(2)(ii) of this section, in addition to the sample required at the entrance to the distribution system. (B) Monthly monitoring. Systems must take a three-sample set each month in the distribution system. The system must take one sample at each of the following locations: near the first customer, at a location representative of average residence time, and at a location reflecting maximum residence time in the distribution system. Any additional routine sampling must be conducted in the same manner (as three-sample sets, at the specified locations). The system may use the results of additional monitoring conducted under paragraph (b)(2)(ii) of this section to meet the requirement for monitoring in this paragraph. (ii) Additional monitoring. On each day following a routine sample monitoring result that exceeds the chlorite MCL at the entrance to the distribution system, the system is required to take three chlorite distribution system samples at the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system). (iii) Reduced monitoring. (A) Chlorite monitoring at the entrance to the distribution system required by paragraph (b)(2)(i)(A) of this section may not be reduced. (B) Chlorite monitoring in the distribution system required by paragraph (b)(2)(i)(B) of this section may be reduced to one three-sample set per quarter after one year of monitoring where no individual chlorite sample taken in the distribution system under paragraph (b)(2)(i)(B) of this section has exceeded the chlorite MCL and the system has not been required to conduct monitoring under paragraph (b)(2)(ii) of this section. The system may remain on the reduced monitoring schedule until either any of the three individual chlorite samples taken quarterly in the distribution system under paragraph (b)(2)(i)(B) of this section exceeds the chlorite MCL or the system is required to conduct monitoring under paragraph (b)(2)(ii) of this section, at which time the system must revert to routine monitoring. (3) Bromate —(i) Routine monitoring. Community and nontransient noncommunity systems using ozone, for disinfection or oxidation, must take one sample per month for each treatment plant in the system using ozone. Systems must take samples monthly at the entrance to the distribution system while the ozonation system is operating under normal conditions. (ii) Reduced monitoring. (A) Until March 31, 2009, systems required to analyze for bromate may reduce monitoring from monthly to quarterly, if the system's average source water bromide concentration is less than 0.05 mg/L based on representative monthly bromide measurements for one year. The system may remain on reduced bromate monitoring until the running annual average source water bromide concentration, computed quarterly, is equal to or greater than 0.05 mg/L based on representative monthly measurements. If the running annual average source water bromide concentration is ≥0.05 mg/L, the system must resume routine monitoring required by paragraph (b)(3)(i) of this section in the following month. (B) Beginning April 1, 2009, systems may no longer use the provisions of paragraph (b)(3)(ii)(A) of this section to qualify for reduced monitoring. A system required to analyze for bromate may reduce monitoring from monthly to quarterly, if the system's running annual average bromate concentration is ≤0.0025 mg/L based on monthly bromate measurements under paragraph (b)(3)(i) of this section for the most recent four quarters, with samples analyzed using Method 317.0 Revision 2.0, 326.0 or 321.8. If a system has qualified for reduced bromate monitoring under paragraph (b)(3)(ii)(A) of this section, that system may remain on reduced monitoring as long as the running annual average of quarterly bromate samples ≤0.0025 mg/L based on samples analyzed using Method 317.0 Revision 2.0, 326.0, or 321.8. If the running annual average bromate concentration is >0.0025 mg/L, the system must resume routine monitoring required by paragraph (b)(3)(i) of this section. (c) Monitoring requirements for disinfectant residuals —(1) Chlorine and chloramines —(i) Routine monitoring. Until March 31, 2016, community and non-transient non-community water systems that use chlorine or chloramines must measure the residual disinfectant level in the distribution system at the same point in the distribution system and at the same time as total coliforms are sampled, as specified in § 141.21. Beginning April 1, 2016, community and non-transient non-community water systems that use chlorine or chloramines must measure the residual disinfectant level in the distribution system at the same point in the distribution system and at the same time as total coliforms are sampled, as specified in §§ 141.854 through 141.858. Subpart H systems of this part may use the results of residual disinfectant concentration sampling conducted under § 141.74(b)(6)(i) for unfiltered systems or § 141.74(c)(3)(i) for systems which filter, in lieu of taking separate samples. (ii) Reduced monitoring. Monitoring may not be reduced. (2) Chlorine dioxide —(i) Routine monitoring. Community, nontransient noncommunity, and transient noncommunity water systems that use chlorine dioxide for disinfection or oxidation must take daily samples at the entrance to the distribution system. For any daily sample that exceeds the MRDL, the system must take samples in the distribution system the following day at the locations required by paragraph (c)(2)(ii) of this section, in addition to the sample required at the entrance to the distribution system. (ii) Additional monitoring. On each day following a routine sample monitoring result that exceeds the MRDL, the system is required to take three chlorine dioxide distribution system samples. If chlorine dioxide or chloramines are used to maintain a disinfectant residual in the distribution system, or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfection addition points after the entrance to the distribution system ( i.e. , no booster chlorination), the system must take three samples as close to the first customer as possible, at intervals of at least six hours. If chlorine is used to maintain a disinfectant residual in the distribution system and there are one or more disinfection addition points after the entrance to the distribution system ( i.e. , booster chlorination), the system must take one sample at each of the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system). (iii) Reduced monitoring. Chlorine dioxide monitoring may not be reduced. (d) Monitoring requirements for disinfection byproduct precursors (DBPP) —(1) Routine monitoring. Subpart H systems which use conventional filtration treatment (as defined in § 141.2) must monitor each treatment plant for TOC no later than the point of combined filter effluent turbidity monitoring and representative of the treated water. All systems required to monitor under this paragraph (d)(1) must also monitor for TOC in the source water prior to any treatment at the same time as monitoring for TOC in the treated water. These samples (source water and treated water) are referred to as paired samples. At the same time as the source water sample is taken, all systems must monitor for alkalinity in the source water prior to any treatment. Systems must take one paired sample and one source water alkalinity sample per month per plant at a time representative of normal operating conditions and influent water quality. (2) Reduced monitoring. Subpart H systems with an average treated water TOC of less than 2.0 mg/L for two consecutive years, or less than 1.0 mg/L for one year, may reduce monitoring for both TOC and alkalinity to one paired sample and one source water alkalinity sample per plant per quarter. The system must revert to routine monitoring in the month following the quarter when the annual average treated water TOC ≥2.0 mg/L. (e) Bromide. Systems required to analyze for bromate may reduce bromate monitoring from monthly to once per quarter, if the system demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly measurements for one year. The system must continue bromide monitoring to remain on reduced bromate monitoring. (f) Monitoring plans. Each system required to monitor under this subpart must develop and implement a monitoring plan. The system must maintain the plan and make it available for inspection by the State and the general public no later than 30 days following the applicable compliance dates in § 141.130(b). All Subpart H systems serving more than 3300 people must submit a copy of the monitoring plan to the State no later than the date of the first report required under § 141.134. The State may also require the plan to be submitted by any other system. After review, the State may require changes in any plan elements. The plan must include at least the following elements. (1) Specific locations and schedules for collecting samples for any parameters included in this subpart. (2) How the system will calculate compliance with MCLs, MRDLs, and treatment techniques. (3) If approved for monitoring as a consecutive system, or if providing water to a consecutive system, under the provisions of § 141.29, the sampling plan must reflect the entire distribution system." 40:40:25.0.1.1.4.12.16.4,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,L,"Subpart L—Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors",,§ 141.133 Compliance requirements.,EPA,,,"[63 FR 69466, Dec. 16, 1998, as amended at 65 FR 26022, May 4, 2000; 65 FR 40521, June 30, 2000; 66 FR 3777, Jan. 16, 2001; 69 FR 38856, June 29, 2004; 71 FR 482, Jan. 4, 2006]","(a) General requirements. (1) Where compliance is based on a running annual average of monthly or quarterly samples or averages and the system fails to monitor for TTHM, HAA5, or bromate, this failure to monitor will be treated as a monitoring violation for the entire period covered by the annual average. Where compliance is based on a running annual average of monthly or quarterly samples or averages and the system failure to monitor makes it impossible to determine compliance with MRDLs for chlorine and chloramines, this failure to monitor will be treated as a monitoring violation for the entire period covered by the annual average. (2) All samples taken and analyzed under the provisions of this subpart must be included in determining compliance, even if that number is greater than the minimum required. (3) If, during the first year of monitoring under § 141.132, any individual quarter's average will cause the running annual average of that system to exceed the MCL for total trihalomethanes, haloacetic acids (five), or bromate; or the MRDL for chlorine or chloramine, the system is out of compliance at the end of that quarter. (b) Disinfection byproducts —(1) TTHMs and HAA5. (i) For systems monitoring quarterly, compliance with MCLs in § 141.64 must be based on a running annual arithmetic average, computed quarterly, of quarterly arithmetic averages of all samples collected by the system as prescribed by § 141.132(b)(1). (ii) For systems monitoring less frequently than quarterly, systems demonstrate MCL compliance if the average of samples taken that year under the provisions of § 141.132(b)(1) does not exceed the MCLs in § 141.64. If the average of these samples exceeds the MCL, the system must increase monitoring to once per quarter per treatment plant and such a system is not in violation of the MCL until it has completed one year of quarterly monitoring, unless the result of fewer than four quarters of monitoring will cause the running annual average to exceed the MCL, in which case the system is in violation at the end of that quarter. Systems required to increase monitoring frequency to quarterly monitoring must calculate compliance by including the sample which triggered the increased monitoring plus the following three quarters of monitoring. (iii) If the running annual arithmetic average of quarterly averages covering any consecutive four-quarter period exceeds the MCL, the system is in violation of the MCL and must notify the public pursuant to § 141.32 or § 141.202, whichever is effective for your system, in addition to reporting to the State pursuant to § 141.134. (iv) If a PWS fails to complete four consecutive quarters of monitoring, compliance with the MCL for the last four-quarter compliance period must be based on an average of the available data. (2) Bromate. Compliance must be based on a running annual arithmetic average, computed quarterly, of monthly samples (or, for months in which the system takes more than one sample, the average f all samples taken during the month) collected by the system as prescribed by § 141.132(b)(3). If the average of samples covering any consecutive four-quarter period exceeds the MCL, the system is in violation of the MCL and must notify the public pursuant to subpart Q, in addition to reporting to the State pursuant to § 141.134. If a PWS fails to complete 12 consecutive months' monitoring, compliance with the MCL for the last four-quarter compliance period must be based on an average of the available data. (3) Chlorite. Compliance must be based on an arithmetic average of each three sample set taken in the distribution system as prescribed by § 141.132(b)(2)(i)(B) and § 141.132(b)(2)(ii). If the arithmetic average of any three sample set exceeds the MCL, the system is in violation of the MCL and must notify the public pursuant to subpart Q, in addition to reporting to the State pursuant to § 141.134. (c) Disinfectant residuals —(1) Chlorine and chloramines. (i) Compliance must be based on a running annual arithmetic average, computed quarterly, of monthly averages of all samples collected by the system under § 141.132(c)(1). If the average covering any consecutive four-quarter period exceeds the MRDL, the system is in violation of the MRDL and must notify the public pursuant to subpart Q, in addition to reporting to the State pursuant to § 141.134. (ii) In cases where systems switch between the use of chlorine and chloramines for residual disinfection during the year, compliance must be determined by including together all monitoring results of both chlorine and chloramines in calculating compliance. Reports submitted pursuant to § 141.134 must clearly indicate which residual disinfectant was analyzed for each sample. (2) Chlorine dioxide. (i) Acute violations. Compliance must be based on consecutive daily samples collected by the system under § 141.132(c)(2). If any daily sample taken at the entrance to the distribution system exceeds the MRDL, and on the following day one (or more) of the three samples taken in the distribution system exceed the MRDL, the system is in violation of the MRDL and must take immediate corrective action to lower the level of chlorine dioxide below the MRDL and must notify the public pursuant to the procedures for acute health risks in subpart Q in addition to reporting to the State pursuant to § 141.134. Failure to take samples in the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system will also be considered an MRDL violation and the system must notify the public of the violation in accordance with the provisions for acute violations under subpart Q in addition to reporting to the State pursuant to § 141.134. (ii) Nonacute violations. Compliance must be based on consecutive daily samples collected by the system under § 141.132(c)(2). If any two consecutive daily samples taken at the entrance to the distribution system exceed the MRDL and all distribution system samples taken are below the MRDL, the system is in violation of the MRDL and must take corrective action to lower the level of chlorine dioxide below the MRDL at the point of sampling and will notify the public pursuant to the procedures for nonacute health risks in subpart Q in addition to reporting to the State pursuant to § 141.134. Failure to monitor at the entrance to the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation and the system must notify the public of the violation in accordance with the provisions for nonacute violations under § 141.32(e)(78) in addition to reporting to the State pursuant to § 141.134. (d) Disinfection byproduct precursors (DBPP). Compliance must be determined as specified by § 141.135(c). Systems may begin monitoring to determine whether Step 1 TOC removals can be met 12 months prior to the compliance date for the system. This monitoring is not required and failure to monitor during this period is not a violation. However, any system that does not monitor during this period, and then determines in the first 12 months after the compliance date that it is not able to meet the Step 1 requirements in § 141.135(b)(2) and must therefore apply for alternate minimum TOC removal (Step 2) requirements, is not eligible for retroactive approval of alternate minimum TOC removal (Step 2) requirements as allowed pursuant to § 141.135(b)(3) and is in violation. Systems may apply for alternate minimum TOC removal (Step 2) requirements any time after the compliance date. For systems required to meet Step 1 TOC removals, if the value calculated under § 141.135(c)(1)(iv) is less than 1.00, the system is in violation of the treatment technique requirements and must notify the public pursuant to subpart Q of this part, in addition to reporting to the State pursuant to § 141.134." 40:40:25.0.1.1.4.12.16.5,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,L,"Subpart L—Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors",,§ 141.134 Reporting and recordkeeping requirements.,EPA,,,"[63 FR 69466, Dec. 16, 1998, as amended at 66 FR 3778, Jan. 16, 2001; 66 FR 9903, Feb. 12, 2001]","(a) Systems required to sample quarterly or more frequently must report to the State within 10 days after the end of each quarter in which samples were collected, notwithstanding the provisions of § 141.31. Systems required to sample less frequently than quarterly must report to the State within 10 days after the end of each monitoring period in which samples were collected. (b) Disinfection byproducts. Systems must report the information specified in the following table: 1 The State may choose to perform calculations and determine whether the MCL was exceeded, in lieu of having the system report that information (c) Disinfectants. Systems must report the information specified in the following table: 1 The State may choose to perform calculations and determine whether the MRDL was exceeded, in lieu of having the system report that information. (d) Disinfection byproduct precursors and enhanced coagulation or enhanced softening. Systems must report the information specified in the following table: 1 The State may choose to perform calculations and determine whether the treatment technique was met, in lieu of having the system report that information." 40:40:25.0.1.1.4.12.16.6,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,L,"Subpart L—Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors",,§ 141.135 Treatment technique for control of disinfection byproduct (DBP) precursors.,EPA,,,"[63 FR 69466, Dec. 16, 1998, as amended at 66 FR 3779, Jan. 16, 2001; 71 FR 482, Jan. 4, 2006]","(a) Applicability. (1) Subpart H systems using conventional filtration treatment (as defined in § 141.2) must operate with enhanced coagulation or enhanced softening to achieve the TOC percent removal levels specified in paragraph (b) of this section unless the system meets at least one of the alternative compliance criteria listed in paragraph (a)(2) or (a)(3) of this section. (2) Alternative compliance criteria for enhanced coagulation and enhanced softening systems. Subpart H systems using conventional filtration treatment may use the alternative compliance criteria in paragraphs (a)(2)(i) through (vi) of this section to comply with this section in lieu of complying with paragraph (b) of this section. Systems must still comply with monitoring requirements in § 141.132(d). (i) The system's source water TOC level, measured according to § 141.131(d)(3), is less than 2.0 mg/L, calculated quarterly as a running annual average. (ii) The system's treated water TOC level, measured according to § 141.131(d)(3), is less than 2.0 mg/L, calculated quarterly as a running annual average. (iii) The system's source water TOC level, measured according to § 141.131(d)(3), is less than 4.0 mg/L, calculated quarterly as a running annual average; the source water alkalinity, measured according to § 141.131(d)(1), is greater than 60 mg/L (as CaCO 3 ), calculated quarterly as a running annual average; and either the TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively; or prior to the effective date for compliance in § 141.130(b), the system has made a clear and irrevocable financial commitment not later than the effective date for compliance in § 141.130(b) to use of technologies that will limit the levels of TTHMs and HAA5 to no more than 0.040 mg/L and 0.030 mg/L, respectively. Systems must submit evidence of a clear and irrevocable financial commitment, in addition to a schedule containing milestones and periodic progress reports for installation and operation of appropriate technologies, to the State for approval not later than the effective date for compliance in § 141.130(b). These technologies must be installed and operating not later than June 30, 2005. Failure to install and operate these technologies by the date in the approved schedule will constitute a violation of National Primary Drinking Water Regulations. (iv) The TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively, and the system uses only chlorine for primary disinfection and maintenance of a residual in the distribution system. (v) The system's source water SUVA, prior to any treatment and measured monthly according to § 141.131(d)(4), is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average. (vi) The system's finished water SUVA, measured monthly according to § 141.131(d)(4), is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average. (3) Additional alternative compliance criteria for softening systems. Systems practicing enhanced softening that cannot achieve the TOC removals required by paragraph (b)(2) of this section may use the alternative compliance criteria in paragraphs (a)(3)(i) and (ii) of this section in lieu of complying with paragraph (b) of this section. Systems must still comply with monitoring requirements in § 141.132(d). (i) Softening that results in lowering the treated water alkalinity to less than 60 mg/L (as CaCO 3 ), measured monthly according to § 141.131(d)(1) and calculated quarterly as a running annual average. (ii) Softening that results in removing at least 10 mg/L of magnesium hardness (as CaCO 3 ), measured monthly according to § 141.131(d)(6) and calculated quarterly as a running annual average. (b) Enhanced coagulation and enhanced softening performance requirements. (1) Systems must achieve the percent reduction of TOC specified in paragraph (b)(2) of this section between the source water and the combined filter effluent, unless the State approves a system's request for alternate minimum TOC removal (Step 2) requirements under paragraph (b)(3) of this section. (2) Required Step 1 TOC reductions, indicated in the following table, are based upon specified source water parameters measured in accordance with § 141.131(d). Systems practicing softening are required to meet the Step 1 TOC reductions in the far-right column (Source water alkalinity >120 mg/L) for the specified source water TOC: Step 1 Required Removal of TOC by Enhanced Coagulation and Enhanced Softening for Subpart H Systems Using Conventional Treatment 1 2 1 Systems meeting at least one of the conditions in paragraph (a)(2)(i)-(vi) of this section are not required to operate with enhanced coagulation. 2 Softening system meeting one of the alternative compliance criteria in paragraph (a)(3) of this section are not required to operate with enhanced softening. 3 System practicing softening must meet the TOC removal requirements in this column. (3) Subpart H conventional treatment systems that cannot achieve the Step 1 TOC removals required by paragraph (b)(2) of this section due to water quality parameters or operational constraints must apply to the State, within three months of failure to achieve the TOC removals required by paragraph (b)(2) of this section, for approval of alternative minimum TOC (Step 2) removal requirements submitted by the system. If the State approves the alternative minimum TOC removal (Step 2) requirements, the State may make those requirements retroactive for the purposes of determining compliance. Until the State approves the alternate minimum TOC removal (Step 2) requirements, the system must meet the Step 1 TOC removals contained in paragraph (b)(2) of this section. (4) Alternate minimum TOC removal (Step 2) requirements. Applications made to the State by enhanced coagulation systems for approval of alternate minimum TOC removal (Step 2) requirements under paragraph (b)(3) of this section must include, at a minimum, results of bench- or pilot-scale testing conducted under paragraph (b)(4)(i) of this section. The submitted bench- or pilot-scale testing must be used to determine the alternate enhanced coagulation level. (i) Alternate enhanced coagulation level is defined as coagulation at a coagulant dose and pH as determined by the method described in paragraphs (b)(4)(i) through (v) of this section such that an incremental addition of 10 mg/L of alum (or equivalent amount of ferric salt) results in a TOC removal of ≤0.3 mg/L. The percent removal of TOC at this point on the “TOC removal versus coagulant dose” curve is then defined as the minimum TOC removal required for the system. Once approved by the State, this minimum requirement supersedes the minimum TOC removal required by the table in paragraph (b)(2) of this section. This requirement will be effective until such time as the State approves a new value based on the results of a new bench- and pilot-scale test. Failure to achieve State-set alternative minimum TOC removal levels is a violation of National Primary Drinking Water Regulations. (ii) Bench- or pilot-scale testing of enhanced coagulation must be conducted by using representative water samples and adding 10 mg/L increments of alum (or equivalent amounts of ferric salt) until the pH is reduced to a level less than or equal to the enhanced coagulation Step 2 target pH shown in the following table: Enhanced Coagulation Step 2 target pH (iii) For waters with alkalinities of less than 60 mg/L for which addition of small amounts of alum or equivalent addition of iron coagulant drives the pH below 5.5 before significant TOC removal occurs, the system must add necessary chemicals to maintain the pH between 5.3 and 5.7 in samples until the TOC removal of 0.3 mg/L per 10 mg/L alum added (or equivalent addition of iron coagulant) is reached. (iv) The system may operate at any coagulant dose or pH necessary (consistent with other NPDWRs) to achieve the minimum TOC percent removal approved under paragraph (b)(3) of this section. (v) If the TOC removal is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose at all dosages of alum (or equivalent addition of iron coagulant), the water is deemed to contain TOC not amenable to enhanced coagulation. The system may then apply to the State for a waiver of enhanced coagulation requirements. (c) Compliance calculations. (1) Subpart H systems other than those identified in paragraph (a)(2) or (a)(3) of this section must comply with requirements contained in paragraph (b)(2) or (b)(3) of this section. Systems must calculate compliance quarterly, beginning after the system has collected 12 months of data, by determining an annual average using the following method: (i) Determine actual monthly TOC percent removal, equal to: (1−(treated water TOC/source water TOC)) × 100 (ii) Determine the required monthly TOC percent removal (from either the table in paragraph (b)(2) of this section or from paragraph (b)(3) of this section). (iii) Divide the value in paragraph (c)(1)(i) of this section by the value in paragraph (c)(1)(ii) of this section. (iv) Add together the results of paragraph (c)(1)(iii) of this section for the last 12 months and divide by 12. (v) If the value calculated in paragraph (c)(1)(iv) of this section is less than 1.00, the system is not in compliance with the TOC percent removal requirements. (2) Systems may use the provisions in paragraphs (c)(2)(i) through (v) of this section in lieu of the calculations in paragraph (c)(1)(i) through (v) of this section to determine compliance with TOC percent removal requirements. (i) In any month that the system's treated or source water TOC level, measured according to § 141.131(d)(3), is less than 2.0 mg/L, the system may assign a monthly value of 1.0 (in lieu of the value calculated in paragraph (c)(1)(iii) of this section) when calculating compliance under the provisions of paragraph (c)(1) of this section. (ii) In any month that a system practicing softening removes at least 10 mg/L of magnesium hardness (as CaCO 3 ), the system may assign a monthly value of 1.0 (in lieu of the value calculated in paragraph (c)(1)(iii) of this section) when calculating compliance under the provisions of paragraph (c)(1) of this section. (iii) In any month that the system's source water SUVA, prior to any treatment and measured according to § 141.131(d)(4), is ≤2.0 L/mg-m, the system may assign a monthly value of 1.0 (in lieu of the value calculated in paragraph (c)(1)(iii) of this section) when calculating compliance under the provisions of paragraph (c)(1) of this section. (iv) In any month that the system's finished water SUVA, measured according to § 141.131(d)(4), is ≤2.0 L/mg-m, the system may assign a monthly value of 1.0 (in lieu of the value calculated in paragraph (c)(1)(iii) of this section) when calculating compliance under the provisions of paragraph (c)(1) of this section. (v) In any month that a system practicing enhanced softening lowers alkalinity below 60 mg/L (as CaCO 3 ), the system may assign a monthly value of 1.0 (in lieu of the value calculated in paragraph (c)(1)(iii) of this section) when calculating compliance under the provisions of paragraph (c)(1) of this section. (3) Subpart H systems using conventional treatment may also comply with the requirements of this section by meeting the criteria in paragraph (a)(2) or (3) of this section. (d) Treatment technique requirements for DBP precursors. The Administrator identifies the following as treatment techniques to control the level of disinfection byproduct precursors in drinking water treatment and distribution systems: For Subpart H systems using conventional treatment, enhanced coagulation or enhanced softening." 40:40:25.0.1.1.4.14.16.1,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,O,Subpart O—Consumer Confidence Reports,,§ 141.151 Purpose and applicability of this subpart.,EPA,,,"[63 FR 44526, Aug. 19, 1998, as amended at 71 FR 483, Jan. 4, 2006; 89 FR 46008, May 24, 2024; 89 FR 32746, Apr. 26, 2024]","(a) This subpart establishes the minimum requirements for the content of reports that community water systems must deliver to their customers. These reports must contain information on the quality of the water delivered by the systems and characterize the risks (if any) from exposure to contaminants detected in the drinking water in an accurate and understandable manner. This subpart also includes requirements for systems serving more than 100,000 persons to develop and annually update a plan for providing assistance to consumers with limited English proficiency. (b) Notwithstanding the provisions of § 141.3, this subpart applies only to community water systems. (c) For the purpose of this subpart, customers are defined as billing units or service connections to which water is delivered by a community water system. For the purposes of this subpart, consumers are defined as people served by the water system, including customers, and people that do not receive a bill. (d) For the purpose of this subpart, detected means: at or above the levels prescribed by § 141.23(a)(4) for inorganic contaminants, at or above the levels prescribed by § 141.24(f)(7) for the contaminants listed in § 141.61(a), at or above the levels prescribed by § 141.24(h)(18) for the contaminants listed in § 141.61(c) (except PFAS), at or above the levels prescribed by § 141.131(b)(2)(iv) for the contaminants or contaminant groups listed in § 141.64, at or above the levels prescribed by § 141.25(c) for radioactive contaminants, and at or above the levels prescribed in § 141.902(a)(5) for PFAS listed in § 141.61(c). (e) A State that has primary enforcement responsibility may adopt by rule, after notice and comment, alternative requirements for the form and content of the reports. The alternative requirements must provide the same type and amount of information as required by §§ 141.153 and 141.154, and must be designed to achieve an equivalent level of public information and education as would be achieved under this subpart. (f) For purpose of this subpart, the term “primacy agency” refers to the State or Tribal government entity that has jurisdiction over, and primary enforcement responsibility for, public water systems, even if that government does not have interim or final primary enforcement responsibility for this part. Where the State or tribe does not have primary enforcement responsibility for public water systems, the term “primacy agency” refers to the appropriate EPA regional office." 40:40:25.0.1.1.4.14.16.2,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,O,Subpart O—Consumer Confidence Reports,,§ 141.152 Compliance dates.,EPA,,,"[63 FR 44526, Aug. 19, 1998, as amended at 89 FR 46008, May 24, 2024; 89 FR 86662, Oct. 30, 2024]","(a) Between June 24, 2024, and December 31, 2026, community water systems must comply with 40 CFR 141.151 through 141.155 (except § 141.153(d)(4)(xii)), as codified on July 1, 2023. Beginning January 1, 2027, community water systems must comply with 40 CFR 141.151 through 141.156 (except § 141.153(8)(h)(i)), as codified on July 1, 2024. Beginning November 1, 2027, community water systems must comply with 40 CFR 141.151 through 141.156, as codified on July 1, 2025. (b) Each existing community water system must deliver reports according to § 141.155 by July 1 each year. Each report delivered by July 1 must contain data collected during the previous calendar year, or the most recent calendar year before the previous calendar year. (c) A new community water system must deliver its first report by July 1 of the year after its first full calendar year in operation. (d) A community water system that sells water to another community water system must deliver the applicable information required in § 141.153 to the buyer system: (1) By April 1, 2027, and annually thereafter; or (2) On a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties; and (3) A community water system that sells water to another community water system that is required to provide reports biannually according to § 141.155(i) must provide the applicable information required in § 141.155(j) by October 1, 2027, to the buyer system, and annually thereafter, or a date mutually agreed upon by the seller and the purchaser, included in a contract between the parties." 40:40:25.0.1.1.4.14.16.3,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,O,Subpart O—Consumer Confidence Reports,,§ 141.153 Content of the reports.,EPA,,,"[63 FR 44526, Aug. 19, 1998, as amended at 63 FR 69516, Dec. 16, 1998; 64 FR 34733, June 29, 1999; 65 FR 26022, May 4, 2000; 67 FR 1836, Jan. 14, 2002; 71 FR 483, Jan. 4, 2006; 71 FR 65651, Nov. 8, 2006; 78 FR 10348, Feb. 13, 2013; 86 FR 4309, Jan. 15, 2021; 89 FR 32746, Apr. 26, 2024; 89 FR 46008, May 24, 2024; 89 FR 86662, Oct. 30, 2024]","(a) Each community water system must provide to its customers a report(s) that contains the information specified in this section, § 141.154, and include a summary as specified in § 141.156. (b) Information on the source of the water delivered: (1) Each report must identify the source(s) of the water delivered by the community water system by providing information on: (i) The type of the water: e.g., surface water, ground water; and (ii) The commonly used name (if any) and location of the body (or bodies) of water. (2) If a source water assessment has been completed, the report must notify consumers of the availability of this information, the year it was completed or most recently updated, and the means to obtain it. In addition, systems are encouraged to highlight in the report significant sources of contamination in the source water area if they have readily available information. Where a system has received a source water assessment from the primacy agency, the report must include a brief summary of the system's susceptibility to potential sources of contamination, using language provided by the primacy agency or written by the operator. (c) Definitions. (1) Each report must include the following definitions: (i) Maximum Contaminant Level Goal or MCLG: The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety. (ii) Maximum Contaminant Level or MCL: The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology. (iii) Contaminant: Any physical, chemical, biological, or radiological substance or matter in water. (2) A report for a community water system operating under a variance or an exemption issued under § 1415 or 1416 of SDWA must include the following definition: Variances and Exemptions: State or EPA permission not to meet an MCL or a treatment technique under certain conditions. (3) A report that contains data on contaminants that EPA regulates using any of the following terms must include the applicable definitions: (i) Treatment Technique: A required process intended to reduce the level of a contaminant in drinking water. (ii) Action Level: The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow. (iii) Maximum residual disinfectant level goal or MRDLG: The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants. (iv) Maximum residual disinfectant level or MRDL: The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants. (v) Hazard Index or HI. The Hazard Index is an approach that determines the health concerns associated with mixtures of certain PFAS in finished drinking water. Low levels of multiple PFAS that individually would not likely result in adverse health effects may pose health concerns when combined in a mixture. The Hazard Index MCL represents the maximum level for mixtures of PFHxS, PFNA, HFPO-DA, and/or PFBS allowed in water delivered by a public water system. A Hazard Index greater than 1 requires a system to take action. (4) A report that contains information regarding a Level 1 or Level 2 Assessment required under Subpart Y of this part must include the applicable definitions: (i) Level 1 Assessment: A Level 1 assessment is a study of the water system to identify potential problems and determine (if possible) why total coliform bacteria have been found in our water system. (ii) Level 2 Assessment: A Level 2 assessment is a very detailed study of the water system to identify potential problems and determine (if possible) why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our water system on multiple occasions. (5) Systems must use the following definitions for the terms listed below if the terms are used in the report unless the system obtains written approval from the state to use an alternate definition: (i) Pesticide: Generally, any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest. (ii) Herbicide: Any chemical(s) used to control undesirable vegetation. (d) Information on detected contaminants. (1) This sub-section specifies the requirements for information to be included in each report for contaminants subject to mandatory monitoring (except Cryptosporidium ). It applies to: (i) Contaminants subject to a MCL, action level, maximum residual disinfectant level, or treatment technique (regulated contaminants); and (ii) Contaminants for which monitoring is required by § 141.40 (unregulated contaminants). (2) The data relating to these contaminants must be presented in the reports in a manner that is clear and understandable for consumers. For example, the data may be displayed in one table or in several adjacent tables. Any additional monitoring results which a community water system chooses to include in its report must be displayed separately. (3) The data must be derived from data collected to comply with EPA and State monitoring and analytical requirements during the previous calendar year, or the most recent calendar year before the previous calendar year except that: (i) Where a system is allowed to monitor for regulated contaminants less often than once a year, the contaminant data section must include the date and results of the most recent sampling and the report must include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with the regulations. No data older than 5 years need be included. (ii) [Reserved] (4) For each detected regulated contaminant (listed in appendix A to this subpart), the contaminant data section(s) must contain: (i) The MCL for that contaminant expressed as a number equal to or greater than 1.0 (as provided in appendix A to this subpart); (ii) The MCLG for that contaminant expressed in the same units as the MCL; (iii) If there is no MCL for a detected contaminant, the contaminant data section(s) must indicate that there is a treatment technique, or specify the action level, applicable to that contaminant, and the report must include the definitions for treatment technique and/or action level, as appropriate, specified in paragraph (c)(3) of this section; (iv) For contaminants subject to an MCL, except turbidity and E. coli, the contaminant data section(s) must contain the highest contaminant level used to determine compliance with an NPDWR and the range of detected levels, as follows: (A) When compliance with the MCL is determined annually or less frequently: The highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL. (B) When compliance with the MCL is determined by calculating a running annual average of all samples taken at a monitoring location: the highest average of any of the monitoring locations and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. For the MCLs for TTHM and HAA5 in § 141.64(b)(2), systems must include the highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than one location exceeds the TTHM or HAA5 MCL, the system must include the locational running annual averages for all locations that exceed the MCL. When rounding of results to determine compliance with the MCL is allowed by the regulations, rounding should be done prior to multiplying the results by the factor listed in appendix A of this subpart. (v) For turbidity. (A) When it is reported pursuant to § 141.13: The highest average monthly value. (B) When it is reported pursuant to the requirements of § 141.71: the highest monthly value. The report should include an explanation of the reasons for measuring turbidity. (C) When it is reported pursuant to § 141.73 or § 141.173 or § 141.551: the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in § 141.73 or § 141.173, or § 141.551 for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity; (vi) For lead and copper: the 90th percentile concentration of the most recent round(s) of sampling, the number of sampling sites exceeding the action level, and the range of tap sampling results; (vii)-(viii) [Reserved] (ix) The likely source(s) of detected contaminants to the best of the operator's knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments, and should be used when available to the operator. If the operator lacks specific information on the likely source, the report must include one or more of the typical sources for that contaminant listed in appendix A to this subpart that is most applicable to the system; and (x) For E. coli analytical results under subpart Y: The total number of E. coli positive samples; (5) If a community water system distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, the contaminant data section(s) should differentiate contaminant data for each service area and the report should identify each separate distribution system. For example, if displayed in a table, it should contain a separate column for each service area. Alternatively, systems could produce separate reports tailored to include data for each service area. (6) The detected contaminant data section(s) must clearly identify any data indicating violations of MCLs, MRDLs, or treatment techniques, and the report must contain a clear and readily understandable explanation of the violation including: the length of the violation, the potential adverse health effects, and actions taken by the system to address the violation. To describe the potential health effects, the system must use the relevant language of appendix A to this subpart. (7) For detected unregulated contaminants for which monitoring is required, the reports must present the average and range at which the contaminant was detected. The report must include a brief explanation of the reasons for monitoring for unregulated contaminants such as: (i) Unregulated contaminant monitoring helps EPA to determine where certain contaminants occur and whether the Agency should consider regulating those contaminants in the future. (ii) May use an alternative educational statement in the CCR if approved by the Primacy Agency. (8) For systems that exceeded the lead action level in § 141.80(c), the detected contaminant data section must clearly identify the exceedance if any corrective action has been required by the Administrator or the State during the monitoring period covered by the report. The report must include a clear and readily understandable explanation of the exceedance, the steps consumers can take to reduce their exposure to lead in drinking water, and a description of any corrective actions the system has or will take to address the exceedance. (e) Information on Cryptosporidium, radon, and other contaminants: (1) If the system has performed any monitoring for Cryptosporidium which indicates that Cryptosporidium may be present in the source water or the finished water, the report must include: (i) A summary of the results of the monitoring; and (ii) An explanation of the significance of the results. (2) If the system has performed any monitoring for radon which indicates that radon may be present in the finished water, the report must include: (i) The results of the monitoring; and (ii) An explanation of the significance of the results. (3) If the system has performed additional monitoring which indicates the presence of other contaminants in the finished water, EPA strongly encourages systems to report any results which may indicate a health concern. To determine if results may indicate a health concern, EPA recommends that systems find out if EPA has proposed an NPDWR or issued a health advisory for that contaminant by contacting the Agency by calling the Safe Drinking Water Hotline (800-426-4791) or an alternative method identified on the website epa.gov/safewater. EPA considers detects above a proposed MCL or health advisory level to indicate possible health concerns. For such contaminants, EPA recommends that the report include: (i) The results of the monitoring; and (ii) An explanation of the significance of the results noting the existence of a health advisory or a proposed regulation. (f) Compliance with NPDWR. In addition to the requirements of paragraph (d)(6) of this section, the report must note any violation that occurred during the period covered by the report of a requirement listed below, and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the system has taken to correct the violation. (1) Monitoring and reporting of compliance data; (2) Filtration and disinfection prescribed by subpart H of this part. For systems which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes which constitutes a violation, the report must include the following language as part of the explanation of potential adverse health effects: Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches. (3) Lead and copper control requirements prescribed by subpart I of this part. For systems that fail to take one or more actions prescribed by §§ 141.80 through 141.93, the report must include the applicable language of appendix A to this subpart for lead, copper, or both. (4) Treatment techniques for Acrylamide and Epichlorohydrin prescribed by subpart K of this part. For systems that violate the requirements of subpart K of this part, the report must include the relevant language from appendix A to this subpart. (5) Recordkeeping of compliance data. (6) Special monitoring requirements prescribed by §§ 141.40 and 141.41; and (7) Violation of the terms of a variance, an exemption, or an administrative or judicial order. (g) Variances and Exemptions. If a system is operating under the terms of a variance or an exemption issued under § 1415 or 1416 of SDWA, the report must contain: (1) An explanation of the reasons for the variance or exemption; (2) The date on which the variance or exemption was issued; (3) A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and (4) A notice of any opportunity for public input in the review, or renewal, of the variance or exemption. (h) Additional information: (1) The report must contain a brief explanation regarding contaminants which may reasonably be expected to be found in drinking water including bottled water. This explanation may include the language of paragraphs (h)(1)(i) through (iii) of this section or systems may use their own comparable language. The report also must include the language of paragraph (h)(1)(iv) of this section. (i) Both tap water and bottled water come from rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material. The water can also pick up and transport substances resulting from the presence of animals or from human activity. These substances are also called contaminants. (ii) Contaminants are any physical, chemical, biological, or radiological substance or matter in water. Contaminants that may be present in source water include: (A) Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife. (B) Inorganic contaminants, such as salts and metals, which can occur naturally in the soil or groundwater or may result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming. (C) Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses. (D) Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems. (E) Radioactive contaminants, which can occur naturally or be the result of oil and gas production and mining activities. (iii) To protect public health, the Environmental Protection Agency prescribes regulations which limit the amount of certain contaminants in tap water provided by public water systems. The Food and Drug Administration regulations establish limits for contaminants in bottled water which must provide the same protection for public health. (iv) Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily mean that water poses a health risk. More information about contaminants and potential health effects can be obtained by contacting the Environmental Protection Agency by calling the Safe Drinking Water Hotline (800-426-4791) or visiting the website epa.gov/safewater. (2) The report must include the telephone number of the owner, operator, or designee of the community water system as a source of additional information concerning the report. If a system uses a website or social media to share additional information, EPA recommends including information about how to access such media platforms in the report. (3) In communities with a large proportion of consumers with limited English proficiency, as determined by the Primacy Agency, the report must contain information in the appropriate language(s) regarding the importance of the report and either contain information where such consumers may obtain a translated copy of the report, or assistance in the appropriate language(s), or the report must be in the appropriate language(s). (4) The report must include information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water. (5) The systems may include such additional information as they deem necessary for public education consistent with, and not detracting from, the purpose of the report. (6) Systems required to comply with subpart S of this part. (i) Any ground water system that receives notice from the State of a significant deficiency or notice from a laboratory of a fecal indicator-positive ground water source sample that is not invalidated by the State under § 141.402(d) must inform its customers of any significant deficiency that is uncorrected at the time of the next reporting period or of any fecal indicator-positive ground water source sample in the next report or 6-month update according to § 141.155. The system must continue to inform the public annually until the State determines that particular significant deficiency is corrected or the fecal contamination in the ground water source is addressed under § 141.403(a). Each report must include the following elements: (A) The nature of the particular significant deficiency or the source of the fecal contamination (if the source is known) and the date the significant deficiency was identified by the State or the dates of the fecal indicator-positive ground water source samples; (B) If the fecal contamination in the ground water source has been addressed under § 141.403(a) and the date of such action; (C) For each significant deficiency or fecal contamination in the ground water source that has not been addressed under § 141.403(a), the State-approved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed; and (D) If the system receives notice of a fecal indicator-positive ground water source sample that is not invalidated by the State under § 141.402(d), the potential health effects using the health effects language of appendix A to this subpart. (ii) If directed by the State, a system with significant deficiencies that have been corrected before the next report is issued must inform its customers of the significant deficiency, how the deficiency was corrected, and the date of correction under paragraph (h)(6)(i) of this section. (7) Systems required to comply with subpart Y of this part. (i) Any system required to comply with the Level 1 assessment requirement or a Level 2 assessment requirement that is not due to an E. coli MCL violation must include in the report the text found in paragraphs (h)(7)(i)(A) through (C) of this section as appropriate, filling in the blanks accordingly and the text found in paragraphs (h)(7)(i)(D)(1) and (2) of this section if appropriate. Systems may use an alternative statement with equivalent information for paragraphs (h)(7)(i)(B) and (C) of this section if approved by the primacy agency. (A) Coliforms are bacteria that occur naturally in the environment and are used as an indicator that other, potentially harmful, waterborne organisms may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments. (B) Because we found coliforms during sampling, we were required to conduct [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] assessment(s) of the system, also known as a Level 1 assessment, to identify possible sources of contamination. [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] Level 1 assessment(s) were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions. (C) Because we found coliforms during sampling, we were required to conduct [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] detailed assessments, also known as a Level 2 assessment, to identify possible sources of contamination. [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] Level 2 assessments were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions. (D) Any system that has failed to complete all the required assessments or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one or both of the following statements, as appropriate: ( 1 ) During the past year we failed to conduct all the required assessment(s). ( 2 ) During the past year we failed to correct all identified defects that were found during the assessment. (ii) Any system required to conduct a Level 2 assessment due to an E. coli MCL violation must include in the report the text found in paragraphs (h)(7)(ii)(A) and (B) of this section, and health effects language in appendix A to this subpart, filling in the blanks accordingly and the text found in paragraphs (h)(7)(ii)(C)(1) and (2) of this section, if appropriate. Systems may use an alternative statement with equivalent information for paragraphs (h)(7)(ii)(A) through (C) of this section, if approved by the primacy agency. (A) We found E. coli bacteria, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s), also known as a Level 2 assessment, to identify problems and to correct any problems that were found during these assessments. (B) We were required to complete a detailed assessment of our water system, also known as a Level 2 assessment, because we found E. coli in our water system. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions. (C) Any system that has failed to complete the required assessment or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one or both of the following statements, as appropriate: ( 1 ) We failed to conduct the required assessment. ( 2 ) We failed to correct all defects that were identified during the assessment that we conducted. (iii) If a system detects E. coli and has violated the E. coli MCL, in addition to completing the table as required in paragraph (d)(4) of this section, the system must include one or more of the following statements to describe any noncompliance, as applicable: (A) We had an E. coli -positive repeat sample following a total coliform-positive routine sample. (B) We had a total coliform-positive repeat sample following an E. coli -positive routine sample. (C) We failed to take all required repeat samples following an E. coli -positive routine sample. (D) We failed to test for E. coli when any repeat sample tested positive for total coliform. (iv) If a system detects E. coli and has not violated the E. coli MCL, in addition to completing the table as required in paragraph (d)(4) of this section, the system may include a statement that explains that although they have detected E. coli, they are not in violation of the E. coli MCL. (8) Systems required to comply with subpart I of this part. (i) The report must notify consumers that complete lead tap sampling data are available for review and must include information on how to access the data. (ii) The report must include a statement that a service line inventory (including inventories where the publicly accessible inventory consists of a written statement that there are no lead, galvanized requiring replacement, or lead status unknown service lines, known lead connectors or connectors of unknown material) has been prepared and include instructions to access the publicly accessible service line inventory. If the service line inventory is available online, the report must include the direct link to the inventory. (iii) For systems with lead, galvanized requiring replacement, or lead status unknown service lines in the system's inventory pursuant to § 141.84(a) and (b), the report must include information on how to obtain a copy of the service line replacement plan or a direct link to the plan if the system is required to make the service line replacement plan available online. (iv) The report must contain a plainly worded explanation of the corrosion control efforts the system is taking in accordance with subpart I of this part. Corrosion control efforts consist of treatment ( e.g., pH adjustment, alkalinity adjustment, or corrosion inhibitor addition) and other efforts contributing to the control of the corrosivity of water ( e.g., monitoring to assess the corrosivity of water). The system may use one of the following templates or use their own explanation that includes equivalent information. (A) For systems with State or EPA-designated Optimal Corrosion Control Treatment: ( 1 ) Corrosion of pipes, plumbing fittings, and fixtures may cause lead and copper to enter drinking water. To assess corrosion of lead and copper, [name of system] conducts tap sampling for lead and copper at selected sites [insert frequency at which system conducts tap sampling]. [Name of system] treats water using [identify treatment method] to control corrosion, which was designated as the optimal corrosion control treatment by [the State or EPA, as applicable]. To ensure the treatment is operating effectively, [name of system] monitors water quality parameters set by the [the State or EPA, as applicable] [insert frequency at which system conducts water quality parameter monitoring]. ( 2 ) If applicable add: [Name of system] is currently conducting a study of corrosion control to determine if any changes to treatment methods are needed to minimize the corrosivity of the water. (B) For systems without State or EPA designated Optimal Corrosion Control Treatment: ( 1 ) Corrosion of pipes, plumbing fittings and fixtures may cause metals, including lead and copper, to enter drinking water. To assess corrosion of lead and copper, [name of system] conducts tap sampling for lead and copper at selected sites [insert frequency at which system conducts tap sampling]. ( 2 ) If applicable, add: [Name of system] treats water using [identify treatment method] to control corrosion. ( 3 ) If applicable add: [Name of system] is currently conducting a study of corrosion control to determine if any changes to treatment methods are needed to minimize the corrosivity of the water. (v) The report must include a statement that the water system is required to sample for lead in schools and licensed child care facilities as requested by the facility and that directs the public to contact their school or child care facility for further information about potential sampling results." 40:40:25.0.1.1.4.14.16.4,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,O,Subpart O—Consumer Confidence Reports,,§ 141.154 Required additional health information.,EPA,,,"[63 FR 44526, Aug. 19, 1998, as amended at 63 FR 69475, Dec. 16, 1998; 64 FR 34733, June 29, 1999; 65 FR 26023, May 4, 2000; 66 FR 7064, Jan. 22, 2001; 68 FR 14506, Mar. 25, 2003; 72 FR 57820, Oct. 10, 2007; 86 FR 4309, Jan. 15, 2021; 89 FR 46011, May 24, 2024; 89 FR 86662, Oct. 30, 2024]","(a) All reports must prominently display the following language: Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791) or on EPA's website epa.gov/safewater. (b) A system that detects arsenic above 0.005 mg/L and up to and including 0.010 mg/L: (1) Must include in its report a short informational statement about arsenic, using language such as: Arsenic is known to cause cancer in humans. Arsenic also may cause other health effects such as skin damage and circulatory problems. [NAME OF UTILITY] meets the EPA arsenic drinking water standard, also known as a Maximum Contaminant Level (MCL). However, you should know that EPA's MCL for arsenic balances the scientific community's understanding of arsenic-related health effects and the cost of removing arsenic from drinking water. The highest concentration of arsenic found in [YEAR] was [INSERT MAX ARSENIC LEVEL per § 141.153(d)(4)(iv)] ppb. (2) May use an alternative educational statement in the CCR if approved by the Primacy Agency. (c) A system which detects nitrate at levels above 5 mg/l, but below the MCL: (1) Must include a short informational statement about the impacts of nitrate on children using language such as: Even though [NAME OF UTILITY] meets the EPA nitrate drinking water standard, also known as a Maximum Contaminant Level (MCL), if you are caring for an infant and using tap water to prepare formula, you may want to use alternate sources of water or ask for advice from your health care provider. Nitrate levels above 10 ppm pose a particularly high health concern for infants under 6 months of age and can interfere with the capacity of the infant's blood to carry oxygen, resulting in a serious illness. Symptoms of serious illness include shortness of breath and blueness of the skin, known as “blue baby syndrome.” Nitrate levels in drinking water can increase for short periods of time due to high levels of rainfall or agricultural activity, therefore we test for nitrate [INSERT APPLICABLE SAMPLING FREQUENCY]. The highest level for nitrate found during [YEAR] was [INSERT MAX NITRATE LEVEL per § 141.153(d)(4)(iv)] ppm. (2) May use an alternative educational statement in the CCR if approved by the Primacy Agency. (d) Every report must include the following lead-specific information: (1) A short informational statement about lead in drinking water and its effects on children. The statement must include the information in figure 1 to this paragraph (d)(1): Lead can cause serious health effects in people of all ages, especially pregnant people, infants (both formula-fed and breastfed), and young children. Lead in drinking water is primarily from materials and parts used in service lines and in home plumbing. [INSERT NAME OF SYSTEM] is responsible for providing high quality drinking water and removing lead pipes but cannot control the variety of materials used in the plumbing in your home. Because lead levels may vary over time, lead exposure is possible even when your tap sampling results do not detect lead at one point in time. You can help protect yourself and your family by identifying and removing lead materials within your home plumbing and taking steps to reduce your family's risk. Using a filter, certified by an American National Standards Institute accredited certifier to reduce lead, is effective in reducing lead exposures. Follow the instructions provided with the filter to ensure the filter is used properly. Use only cold water for drinking, cooking, and making baby formula. Boiling water does not remove lead from water. Before using tap water for drinking, cooking, or making baby formula, flush your pipes for several minutes. You can do this by running your tap, taking a shower, doing laundry or a load of dishes. If you have a lead service line or galvanized requiring replacement service line, you may need to flush your pipes for a longer period. If you are concerned about lead in your water and wish to have your water tested, contact [INSERT NAME OF SYSTEM and CONTACT INFORMATION]. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available at https://www.epa.gov/safewater/lead. (2) May use an alternative educational statement in the CCR if approved by the Primacy Agency." 40:40:25.0.1.1.4.14.16.5,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,O,Subpart O—Consumer Confidence Reports,,"§ 141.155 Report delivery, reporting, and recordkeeping.",EPA,,,"[63 FR 44526, Aug. 19, 1998, as amended at 65 FR 26023, May 4, 2000; 89 FR 46012, May 24, 2024]","(a) Except as provided in paragraph (g) of this section, each community water system must directly deliver a copy of the report to each customer. (1) Systems must use at a minimum, one of the following forms of delivery: (i) Mail or hand deliver a paper copy of the report; (ii) Mail a notification that the report is available on a website via a direct link; (iii) Email a direct link or electronic version of the report; or (iv) Another direct delivery method approved in writing by the primacy agency. (2) Systems using electronic delivery methods in paragraph (a)(1)(ii), (iii), or (iv) of this section must provide a paper copy of the report to any customer upon request. The notification method must prominently display directions for requesting such copy. (3) For systems that choose to electronically deliver the reports by posting the report to a website and providing a notification either by mail or email: (i) The report must be publicly available on the website at time notification is made; (ii) Notifications must prominently display the link and include an explanation of the nature of the link; and (iii) Systems may use a web page to convey the information required in §§ 141.153, 141.154, and 141.156. (4) Systems that use a publicly available website to provide reports must maintain public access to the report for no less than 3 years. (b) The system must make a good faith effort to reach consumers who do not get water bills, using means recommended by the primacy agency. EPA expects that an adequate good faith effort will be tailored to the consumers who are served by the system but are not bill-paying customers, such as renters or workers. A good faith effort to reach consumers includes a mix of methods to reach the broadest possible range of persons served by the water system such as, but not limited to: Posting the reports on the internet; mailing reports or postcards with links to the reports to all service addresses and/or postal customers; using an opt in notification system to send emails and/or texts with links to the reports to interested consumers; advertising the availability of the report in the news media and on social media; publication in a local newspaper or newsletter; posting a copy of the report or notice of availability with links (or equivalent, such as Quick Response (QR) codes) in public places such as cafeterias or lunch rooms of public buildings; delivery of multiple copies for distribution by single-biller customers such as apartment buildings or large private employers; delivery to community organizations; holding a public meeting to educate consumers on the reports. (i) Where a system is aware that it serves a substantial number of non-bill paying consumers, the system is encouraged to directly deliver the reports or notices of availability of the reports to service addresses. (ii) Where a system is aware of a substantial number of bill-paying consumers without access to electronic forms of the report, the system should use at least one non-electronic form of delivery. (c) No later than 10 days after the date the system is required to distribute the report to its customers, each community water system must provide a copy of the report to the primacy agency and a certification that the report(s) has/have been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the primacy agency. (d) No later than the date the system is required to distribute the report to its customers, each community water system must deliver the report to any other agency or clearinghouse identified by the primacy agency. (e) Each community water system must make its reports available to the public upon request. Systems should make a reasonable effort to provide the reports in an accessible format to anyone who requests an accommodation. (f) Each community water system serving 50,000 or more persons must post its current year's report to a publicly-accessible site on the internet. (g) The Governor of a State or their designee, or the Tribal Leader where the Tribe has met the eligibility requirements contained in § 142.72 for the purposes of waiving the mailing requirement, can waive the requirement of paragraph (a) of this section for community water systems serving fewer than 10,000 persons. In consultation with the tribal government, the Regional Administrator may waive the requirement of § 141.155(a) in areas in Indian country where no tribe has been deemed eligible. (1) Such systems must: (i) Publish the reports in one or more local newspapers or on one or more local online news sites serving the area in which the system is located; (ii) Inform the customers that the reports will not be mailed, either in the newspapers in which the reports are published or by other means approved by the State; and (iii) Make the reports available to the public upon request. (2) Systems serving 500 or fewer persons may forego the requirements of paragraphs (g)(1)(i) and (ii) of this section if they provide notice that the report is available upon request at least once per year to their customers by mail, door-to-door delivery or by posting in one or more locations where persons served by the system can reasonably be expected to see it. (h) Any system subject to this subpart must retain copies of its Consumer Confidence Report for no less than 3 years. (i) Systems serving 100,000 or more persons, must develop a plan for providing assistance to consumers with limited English proficiency. The system must evaluate the languages spoken by persons with limited English proficiency served by the water system, and the system's anticipated approach to address translation needs. The first plan must be provided to the state with the first report in 2027. Plans must be evaluated annually and updated as necessary and reported with the certification required in paragraph (c) of this section. (j) Delivery timing and biannual delivery: (1) Each community water system must distribute reports by July 1 each year. Each report distributed by July 1 must use data collected during, or prior to, the previous calendar year using methods described in paragraph (a) of this section. (2) Each community water system serving 10,000 or more persons must distribute the report biannually, or twice per calendar year, by December 31 using methods described in paragraph (a) of this section. (3) Systems required to comply with paragraph (j)(2) of this section, with a violation or action level exceedance that occurred between January 1 and June 30 of the current year, or have received monitoring results from required monitoring under the Unregulated Contaminant Monitoring Rule in § 141.40, must include a 6-month update with the second report with the following: (i) A short description of the nature of the 6-month update and the biannual delivery. (ii) If a system receives an MCL, MRDL, or treatment technique violation, the 6-month update must include the applicable contaminant section information in § 141.153(d)(4), and a readily understandable explanation of the violation including: the length of the violation, the potential adverse health effects, actions taken by the system to address the violation, and timeframe the system expects to complete those actions. To describe the potential health effects, the system must use the relevant language of appendix A to this subpart. (iii) If a system receives any other violation, the 6-month update must include the information in § 141.153(f). (iv) If a system exceeded the lead action level following monitoring conducted between January 1 and June 30 of the current year, the system must include information identified in § 141.153(d)(4)(vi) and (d)(8). (v) For systems monitoring under § 141.40 that become aware of results for samples collected during the reporting year but were not included in the reports distributed by July 1, the system must include information as required by § 141.153(d)(7)." 40:40:25.0.1.1.4.14.16.6,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,O,Subpart O—Consumer Confidence Reports,,§ 141.156 Summary of report contents.,EPA,,,"[89 FR 46013, May 24, 2024]","(a) Each report must include a summary displayed prominently at the beginning of the report, including a brief description of the nature of the report. (b) Systems must include, at a minimum, the following information in the summary: (1) Summary of violations and compliance information included in the report required by § 141.153(d)(6) and (8), (f), and (h)(6) and (7). (2) Contact information for owner, operator, or designee of the community water system as a source of additional information concerning the report, per § 141.153(h)(2). (c) If applicable, systems must include the following in the summary: (1) For systems using delivery methods in § 141.155(a)(1)(ii), (iii), or (iv), the summary must include directions for consumers to request a paper copy of the report, as described in § 141.155(a)(2). (2) For systems subject to § 141.153(h)(3) because they serve a large proportion of consumers with limited English proficiency, the summary must include information where consumers may obtain a translated copy of the report, or get assistance in the appropriate language(s). (3) For systems using the report to also meet the public notification requirements of subpart Q of this part, the summary must specify that it is also serving to provide public notification of one or more violations or situations, provide a brief statement about the nature of the notice(s), and a brief description of how to locate the notice(s) in the report. (d) The summary should be written in plain language and may use infographics. (e) For those systems required to include a 6-month update with the second report under § 141.155(j)(2), the summary should include a brief description of the nature of the report and update, noting the availability of new information for the current year (between January and June). (f) The report summary must include the following standard language to encourage the distribution of the report to all persons served: Please share this information with anyone who drinks this water (or their guardians), especially those who may not have received this report directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this report in a public place or distributing copies by hand, mail, email, or another method. Please share this information with anyone who drinks this water (or their guardians), especially those who may not have received this report directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this report in a public place or distributing copies by hand, mail, email, or another method." 40:40:25.0.1.1.4.15.16.1,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,P,"Subpart P—Enhanced Filtration and Disinfection—Systems Serving 10,000 or More People",,§ 141.170 General requirements.,EPA,,,"[63 FR 69516, Dec. 16, 1998, as amended at 66 FR 3779, Jan. 16, 2001; 67 FR 1836, Jan. 14, 2002; 69 FR 38856, June 29, 2004]","(a) The requirements of this subpart P constitute national primary drinking water regulations. These regulations establish requirements for filtration and disinfection that are in addition to criteria under which filtration and disinfection are required under subpart H of this part. The requirements of this subpart are applicable to subpart H systems serving at least 10,000 people, beginning January 1, 2002 unless otherwise specified in this subpart. The regulations in this subpart establish or extend treatment technique requirements in lieu of maximum contaminant levels for the following contaminants: Giardia lamblia, viruses, heterotrophic plate count bacteria, Legionella, Cryptosporidium, and turbidity. Each subpart H system serving at least 10,000 people must provide treatment of its source water that complies with these treatment technique requirements and are in addition to those identified in § 141.70. The treatment technique requirements consist of installing and properly operating water treatment processes which reliably achieve: (1) At least 99 percent (2-log) removal of Cryptosporidium between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer for filtered systems, or Cryptosporidium control under the watershed control plan for unfiltered systems. (2) Compliance with the profiling and benchmark requirements under the provisions of § 141.172. (b) A public water system subject to the requirements of this subpart is considered to be in compliance with the requirements of paragraph (a) of this section if: (1) It meets the requirements for avoiding filtration in §§ 141.71 and 141.171 and the disinfection requirements in §§ 141.72 and 141.172; or (2) It meets the applicable filtration requirements in either § 141.73 or § 141.173 and the disinfection requirements in §§ 141.72 and 141.172. (c) Systems are not permitted to begin construction of uncovered finished water storage facilities beginning February 16, 1999. (d) Subpart H systems that did not conduct optional monitoring under § 141.172 because they served fewer than 10,000 persons when such monitoring was required, but serve more than 10,000 persons prior to January 1, 2005 must comply with §§ 141.170, 141.171, 141.173, 141.174, and 141.175. These systems must also consult with the State to establish a disinfection benchmark. A system that decides to make a significant change to its disinfection practice, as described in § 141.172(c)(1)(i) through (iv) must consult with the State prior to making such change." 40:40:25.0.1.1.4.15.16.2,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,P,"Subpart P—Enhanced Filtration and Disinfection—Systems Serving 10,000 or More People",,§ 141.171 Criteria for avoiding filtration.,EPA,,,,"In addition to the requirements of § 141.71, a public water system subject to the requirements of this subpart that does not provide filtration must meet all of the conditions of paragraphs (a) and (b) of this section. (a) Site-specific conditions. In addition to site-specific conditions in § 141.71(b), systems must maintain the watershed control program under § 141.71(b)(2) to minimize the potential for contamination by Cryptosporidium oocysts in the source water. The watershed control program must, for Cryptosporidium : (1) Identify watershed characteristics and activities which may have an adverse effect on source water quality; and (2) Monitor the occurrence of activities which may have an adverse effect on source water quality. (b) During the onsite inspection conducted under the provisions of § 141.71(b)(3), the State must determine whether the watershed control program established under § 141.71(b)(2) is adequate to limit potential contamination by Cryptosporidium oocysts. The adequacy of the program must be based on the comprehensiveness of the watershed review; the effectiveness of the system's program to monitor and control detrimental activities occurring in the watershed; and the extent to which the water system has maximized land ownership and/or controlled land use within the watershed." 40:40:25.0.1.1.4.15.16.3,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,P,"Subpart P—Enhanced Filtration and Disinfection—Systems Serving 10,000 or More People",,§ 141.172 Disinfection profiling and benchmarking.,EPA,,,"[63 FR 69516, Dec. 16, 1998, as amended at 66 FR 3779, Jan. 16, 2001]","(a) Determination of systems required to profile. A public water system subject to the requirements of this subpart must determine its TTHM annual average using the procedure in paragraph (a)(1) of this section and its HAA5 annual average using the procedure in paragraph (a)(2) of this section. The annual average is the arithmetic average of the quarterly averages of four consecutive quarters of monitoring. (1) The TTHM annual average must be the annual average during the same period as is used for the HAA5 annual average. (i) Those systems that collected data under the provisions of subpart M (Information Collection Rule) must use the results of the samples collected during the last four quarters of required monitoring under § 141.142. (ii) Those systems that use “grandfathered” HAA5 occurrence data that meet the provisions of paragraph (a)(2)(ii) of this section must use TTHM data collected at the same time under the provisions of §§ 141.12 and 141.30. (iii) Those systems that use HAA5 occurrence data that meet the provisions of paragraph (a)(2)(iii)(A) of this section must use TTHM data collected at the same time under the provisions of §§ 141.12 and 141.30. (2) The HAA5 annual average must be the annual average during the same period as is used for the TTHM annual average. (i) Those systems that collected data under the provisions of subpart M (Information Collection Rule) must use the results of the samples collected during the last four quarters of required monitoring under § 141.142. (ii) Those systems that have collected four quarters of HAA5 occurrence data that meets the routine monitoring sample number and location requirements for TTHM in §§ 141.12 and 141.30 and handling and analytical method requirements of § 141.142(b)(1) may use those data to determine whether the requirements of this section apply. (iii) Those systems that have not collected four quarters of HAA5 occurrence data that meets the provisions of either paragraph (a)(2)(i) or (ii) of this section by March 16, 1999 must either: (A) Conduct monitoring for HAA5 that meets the routine monitoring sample number and location requirements for TTHM in §§ 141.12 and 141.30 and handling and analytical method requirements of § 141.142(b)(1) to determine the HAA5 annual average and whether the requirements of paragraph (b) of this section apply. This monitoring must be completed so that the applicability determination can be made no later than March 31, 2000, or (B) Comply with all other provisions of this section as if the HAA5 monitoring had been conducted and the results required compliance with paragraph (b) of this section. (3) The system may request that the State approve a more representative annual data set than the data set determined under paragraph (a)(1) or (2) of this section for the purpose of determining applicability of the requirements of this section. (4) The State may require that a system use a more representative annual data set than the data set determined under paragraph (a)(1) or (2) of this section for the purpose of determining applicability of the requirements of this section. (5) The system must submit data to the State on the schedule in paragraphs (a)(5)(i) through (v) of this section. (i) Those systems that collected TTHM and HAA5 data under the provisions of subpart M (Information Collection Rule), as required by paragraphs (a)(1)(i) and (a)(2)(i) of this section, must submit the results of the samples collected during the last 12 months of required monitoring under § 141.142 not later than December 31, 1999. (ii) Those systems that have collected four consecutive quarters of HAA5 occurrence data that meets the routine monitoring sample number and location for TTHM in §§ 141.12 and 141.30 and handling and analytical method requirements of § 141.142(b)(1), as allowed by paragraphs (a)(1)(ii) and (a)(2)(ii) of this section, must submit those data to the State not later than April 16, 1999. Until the State has approved the data, the system must conduct monitoring for HAA5 using the monitoring requirements specified under paragraph (a)(2)(iii) of this section. (iii) Those systems that conduct monitoring for HAA5 using the monitoring requirements specified by paragraphs (a)(1)(iii) and (a)(2)(iii)(A) of this section, must submit TTHM and HAA5 data not later than March 31, 2000. (iv) Those systems that elect to comply with all other provisions of this section as if the HAA5 monitoring had been conducted and the results required compliance with this section, as allowed under paragraphs (a)(2)(iii)(B) of this section, must notify the State in writing of their election not later than December 31, 1999. (v) If the system elects to request that the State approve a more representative annual data set than the data set determined under paragraph (a)(2)(i) of this section, the system must submit this request in writing not later than December 31, 1999. (6) Any system having either a TTHM annual average ≥0.064 mg/L or an HAA5 annual average ≥0.048 mg/L during the period identified in paragraphs (a)(1) and (2) of this section must comply with paragraph (b) of this section. (b) Disinfection profiling. (1) Any system that meets the criteria in paragraph (a)(6) of this section must develop a disinfection profile of its disinfection practice for a period of up to three years. (2) The system must monitor daily for a period of 12 consecutive calendar months to determine the total logs of inactivation for each day of operation, based on the CT99.9 values in Tables 1.1-1.6, 2.1, and 3.1 of § 141.74(b), as appropriate, through the entire treatment plant. This system must begin this monitoring not later than April 1, 2000. As a minimum, the system with a single point of disinfectant application prior to entrance to the distribution system must conduct the monitoring in paragraphs (b)(2)(i) through (iv) of this section. A system with more than one point of disinfectant application must conduct the monitoring in paragraphs (b)(2)(i) through (iv) of this section for each disinfection segment. The system must monitor the parameters necessary to determine the total inactivation ratio, using analytical methods in § 141.74(a), as follows: (i) The temperature of the disinfected water must be measured once per day at each residual disinfectant concentration sampling point during peak hourly flow. (ii) If the system uses chlorine, the pH of the disinfected water must be measured once per day at each chlorine residual disinfectant concentration sampling point during peak hourly flow. (iii) The disinfectant contact time(s) (“T”) must be determined for each day during peak hourly flow. (iv) The residual disinfectant concentration(s) (“C”) of the water before or at the first customer and prior to each additional point of disinfection must be measured each day during peak hourly flow. (3) In lieu of the monitoring conducted under the provisions of paragraph (b)(2) of this section to develop the disinfection profile, the system may elect to meet the requirements of paragraph (b)(3)(i) of this section. In addition to the monitoring conducted under the provisions of paragraph (b)(2) of this section to develop the disinfection profile, the system may elect to meet the requirements of paragraph (b)(3)(ii) of this section. (i) A PWS that has three years of existing operational data may submit those data, a profile generated using those data, and a request that the State approve use of those data in lieu of monitoring under the provisions of paragraph (b)(2) of this section not later than March 31, 2000. The State must determine whether these operational data are substantially equivalent to data collected under the provisions of paragraph (b)(2) of this section. These data must also be representative of Giardia lamblia inactivation through the entire treatment plant and not just of certain treatment segments. Until the State approves this request, the system is required to conduct monitoring under the provisions of paragraph (b)(2) of this section. (ii) In addition to the disinfection profile generated under paragraph (b)(2) of this section, a PWS that has existing operational data may use those data to develop a disinfection profile for additional years. Such systems may use these additional yearly disinfection profiles to develop a benchmark under the provisions of paragraph (c) of this section. The State must determine whether these operational data are substantially equivalent to data collected under the provisions of paragraph (b)(2) of this section. These data must also be representative of inactivation through the entire treatment plant and not just of certain treatment segments. (4) The system must calculate the total inactivation ratio as follows: (i) If the system uses only one point of disinfectant application, the system may determine the total inactivation ratio for the disinfection segment based on either of the methods in paragraph (b)(4)(i)(A) or (b)(4)(i)(B) of this section. (A) Determine one inactivation ratio (CTcalc/CT 99.9 ) before or at the first customer during peak hourly flow. (B) Determine successive CTcalc/CT 99.9 values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow. Under this alternative, the system must calculate the total inactivation ratio by determining (CTcalc/CT 99.9 ) for each sequence and then adding the (CTcalc/CT 99.9 ) values together to determine (Σ (CTcalc/CT 99.9 )). (ii) If the system uses more than one point of disinfectant application before the first customer, the system must determine the CT value of each disinfection segment immediately prior to the next point of disinfectant application, or for the final segment, before or at the first customer, during peak hourly flow. The (CTcalc/CT 99.9 ) value of each segment and (Σ(CTcalc/CT 99.9 )) must be calculated using the method in paragraph (b)(4)(i) of this section. (iii) The system must determine the total logs of inactivation by multiplying the value calculated in paragraph (b)(4)(i) or (ii) of this section by 3.0. (5) A system that uses either chloramines or ozone for primary disinfection must also calculate the logs of inactivation for viruses using a method approved by the State. (6) The system must retain disinfection profile data in graphic form, as a spreadsheet, or in some other format acceptable to the State for review as part of sanitary surveys conducted by the State. (c) Disinfection benchmarking. (1) Any system required to develop a disinfection profile under the provisions of paragraphs (a) and (b) of this section and that decides to make a significant change to its disinfection practice must consult with the State prior to making such change. Significant changes to disinfection practice are: (i) Changes to the point of disinfection; (ii) Changes to the disinfectant(s) used in the treatment plant; (iii) Changes to the disinfection process; and (iv) Any other modification identified by the State. (2) Any system that is modifying its disinfection practice must calculate its disinfection benchmark using the procedure specified in paragraphs (c)(2)(i) through (ii) of this section. (i) For each year of profiling data collected and calculated under paragraph (b) of this section, the system must determine the lowest average monthly Giardia lamblia inactivation in each year of profiling data. The system must determine the average Giardia lamblia inactivation for each calendar month for each year of profiling data by dividing the sum of daily Giardia lamblia of inactivation by the number of values calculated for that month. (ii) The disinfection benchmark is the lowest monthly average value (for systems with one year of profiling data) or average of lowest monthly average values (for systems with more than one year of profiling data) of the monthly logs of Giardia lamblia inactivation in each year of profiling data. (3) A system that uses either chloramines or ozone for primary disinfection must also calculate the disinfection benchmark for viruses using a method approved by the State. (4) The system must submit information in paragraphs (c)(4)(i) through (iii) of this section to the State as part of its consultation process. (i) A description of the proposed change; (ii) The disinfection profile for Giardia lamblia (and, if necessary, viruses) under paragraph (b) of this section and benchmark as required by paragraph (c)(2) of this section; and (iii) An analysis of how the proposed change will affect the current levels of disinfection." 40:40:25.0.1.1.4.15.16.4,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,P,"Subpart P—Enhanced Filtration and Disinfection—Systems Serving 10,000 or More People",,§ 141.173 Filtration.,EPA,,,"[63 FR 69516, Dec. 16, 1998, as amended at 65 FR 20313, Apr. 14, 2000; 66 FR 3779, Jan. 16, 2001]","A public water system subject to the requirements of this subpart that does not meet all of the criteria in this subpart and subpart H of this part for avoiding filtration must provide treatment consisting of both disinfection, as specified in § 141.72(b), and filtration treatment which complies with the requirements of paragraph (a) or (b) of this section or § 141.73 (b) or (c) by December 31, 2001. (a) Conventional filtration treatment or direct filtration. (1) For systems using conventional filtration or direct filtration, the turbidity level of representative samples of a system's filtered water must be less than or equal to 0.3 NTU in at least 95 percent of the measurements taken each month, measured as specified in § 141.74(a) and (c). (2) The turbidity level of representative samples of a system's filtered water must at no time exceed 1 NTU, measured as specified in § 141.74(a) and (c). (3) A system that uses lime softening may acidify representative samples prior to analysis using a protocol approved by the State. (b) Filtration technologies other than conventional filtration treatment, direct filtration, slow sand filtration, or diatomaceous earth filtration. A public water system may use a filtration technology not listed in paragraph (a) of this section or in § 141.73(b) or (c) if it demonstrates to the State, using pilot plant studies or other means, that the alternative filtration technology, in combination with disinfection treatment that meets the requirements of § 141.72(b), consistently achieves 99.9 percent removal and/or inactivation of Giardia lamblia cysts and 99.99 percent removal and/or inactivation of viruses, and 99 percent removal of Cryptosporidium oocysts, and the State approves the use of the filtration technology. For each approval, the State will set turbidity performance requirements that the system must meet at least 95 percent of the time and that the system may not exceed at any time at a level that consistently achieves 99.9 percent removal and/or inactivation of Giardia lamblia cysts, 99.99 percent removal and/or inactivation of viruses, and 99 percent removal of Cryptosporidium oocysts." 40:40:25.0.1.1.4.15.16.5,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,P,"Subpart P—Enhanced Filtration and Disinfection—Systems Serving 10,000 or More People",,§ 141.174 Filtration sampling requirements.,EPA,,,,"(a) Monitoring requirements for systems using filtration treatment. In addition to monitoring required by § 141.74, a public water system subject to the requirements of this subpart that provides conventional filtration treatment or direct filtration must conduct continuous monitoring of turbidity for each individual filter using an approved method in § 141.74(a) and must calibrate turbidimeters using the procedure specified by the manufacturer. Systems must record the results of individual filter monitoring every 15 minutes. (b) If there is a failure in the continuous turbidity monitoring equipment, the system must conduct grab sampling every four hours in lieu of continuous monitoring, but for no more than five working days following the failure of the equipment." 40:40:25.0.1.1.4.15.16.6,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,P,"Subpart P—Enhanced Filtration and Disinfection—Systems Serving 10,000 or More People",,§ 141.175 Reporting and recordkeeping requirements.,EPA,,,"[63 FR 69516, Dec. 16, 1998, as amended at 66 FR 3779, Jan. 16, 2001]","In addition to the reporting and recordkeeping requirements in § 141.75, a public water system subject to the requirements of this subpart that provides conventional filtration treatment or direct filtration must report monthly to the State the information specified in paragraphs (a) and (b) of this section beginning January 1, 2002. In addition to the reporting and recordkeeping requirements in § 141.75, a public water system subject to the requirements of this subpart that provides filtration approved under § 141.173(b) must report monthly to the State the information specified in paragraph (a) of this section beginning January 1, 2002. The reporting in paragraph (a) of this section is in lieu of the reporting specified in § 141.75(b)(1). (a) Turbidity measurements as required by § 141.173 must be reported within 10 days after the end of each month the system serves water to the public. Information that must be reported includes: (1) The total number of filtered water turbidity measurements taken during the month. (2) The number and percentage of filtered water turbidity measurements taken during the month which are less than or equal to the turbidity limits specified in § 141.173(a) or (b). (3) The date and value of any turbidity measurements taken during the month which exceed 1 NTU for systems using conventional filtration treatment or direct filtration, or which exceed the maximum level set by the State under § 141.173(b). (b) Systems must maintain the results of individual filter monitoring taken under § 141.174 for at least three years. Systems must report that they have conducted individual filter turbidity monitoring under § 141.174 within 10 days after the end of each month the system serves water to the public. Systems must report individual filter turbidity measurement results taken under § 141.174 within 10 days after the end of each month the system serves water to the public only if measurements demonstrate one or more of the conditions in paragraphs (b)(1) through (4) of this section. Systems that use lime softening may apply to the State for alternative exceedance levels for the levels specified in paragraphs (b)(1) through (4) of this section if they can demonstrate that higher turbidity levels in individual filters are due to lime carryover only and not due to degraded filter performance. (1) For any individual filter that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within 7 days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and report that the profile has been produced or report the obvious reason for the exceedance. (2) For any individual filter that has a measured turbidity level of greater than 0.5 NTU in two consecutive measurements taken 15 minutes apart at the end of the first four hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, the system must report the filter number, the turbidity, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within 7 days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and report that the profile has been produced or report the obvious reason for the exceedance. (3) For any individual filter that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of three consecutive months, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must conduct a self-assessment of the filter within 14 days of the exceedance and report that the self-assessment was conducted. The self assessment must consist of at least the following components: assessment of filter performance; development of a filter profile; identification and prioritization of factors limiting filter performance; assessment of the applicability of corrections; and preparation of a filter self-assessment report. (4) For any individual filter that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of two consecutive months, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must arrange for the conduct of a comprehensive performance evaluation by the State or a third party approved by the State no later than 30 days following the exceedance and have the evaluation completed and submitted to the State no later than 90 days following the exceedance. (c) Additional reporting requirements. (1) If at any time the turbidity exceeds 1 NTU in representative samples of filtered water in a system using conventional filtration treatment or direct filtration, the system must inform the State as soon as possible, but no later than the end of the next business day. (2) If at any time the turbidity in representative samples of filtered water exceeds the maximum level set by the State under § 141.173(b) for filtration technologies other than conventional filtration treatment, direct filtration, slow sand filtration, or diatomaceous earth filtration, the system must inform the State as soon as possible, but no later than the end of the next business day." 40:40:25.0.1.1.4.16.16.1,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,Q,Subpart Q—Public Notification of Drinking Water Violations,,§ 141.201 General public notification requirements.,EPA,,,"[65 FR 26035, May 4, 2000, as amended at 86 FR 4309, Jan. 15, 2021]","Public water systems in States with primacy for the public water system supervision (PWSS) program must comply with the requirements in this subpart no later than May 6, 2002 or on the date the State-adopted rule becomes effective, whichever comes first. Public water systems in jurisdictions where EPA directly implements the PWSS program must comply with the requirements in this subpart on October 31, 2000. Prior to these dates, public water systems must continue to comply with the public notice requirements in § 141.32 of this part. The term “primacy agency” is used in this subpart to refer to either EPA or the State or the Tribe in cases where EPA, the State, or the Tribe exercises primary enforcement responsibility for this subpart. (a) Who must give public notice? Each owner or operator of a public water system (community water systems, non-transient non-community water systems, and transient non-community water systems) must give notice for all violations of national primary drinking water regulations (NPDWR) and for other situations, as listed in Table 1. The term “NPDWR violations” is used in this subpart to include violations of the maximum contaminant level (MCL), maximum residual disinfection level (MRDL), treatment technique (TT), monitoring requirements, and testing procedures in this part 141. Appendix A to this subpart identifies the tier assignment for each specific violation or situation requiring a public notice. Table 1 to § 141.201—Violation Categories and Other Situations Requiring a Public Notice (b) What type of public notice is required for each violation or situation? Public notice requirements are divided into three tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. The public notice requirements for each violation or situation listed in Table 1 of this section are determined by the tier to which it is assigned. Table 2 of this section provides the definition of each tier. Appendix A of this part identifies the tier assignment for each specific violation or situation. Table 2 to § 141.201—Definition of Public Notice Tiers (c) Who must be notified? (1) Each public water system must provide public notice to persons served by the water system, in accordance with this subpart. Public water systems that sell or otherwise provide drinking water to other public water systems ( i.e. , to consecutive systems) are required to give public notice to the owner or operator of the consecutive system; the consecutive system is responsible for providing public notice to the persons it serves. (2) If a public water system has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the primacy agency may allow the system to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. Permission by the primacy agency for limiting distribution of the notice must be granted in writing. (3) A copy of the notice must also be sent to the primacy agency and the Administrator (as applicable) in accordance with the requirements of § 141.31(d)." 40:40:25.0.1.1.4.16.16.10,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,Q,Subpart Q—Public Notification of Drinking Water Violations,,§ 141.210 Notice by primacy agency on behalf of the public water system.,EPA,,,,"(a) May the primacy agency give the notice on behalf of the public water system? The primacy agency may give the notice required by this subpart on behalf of the owner and operator of the public water system if the primacy agency complies with the requirements of this subpart. (b) What is the responsibility of the public water system when notice is given by the primacy agency? The owner or operator of the public water system remains responsible for ensuring that the requirements of this subpart are met." 40:40:25.0.1.1.4.16.16.11,40,Protection of Environment,I,D,141,PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS,Q,Subpart Q—Public Notification of Drinking Water Violations,,§ 141.211 Special notice for repeated failure to conduct monitoring of the source water for,EPA,,,"[71 FR 768, Jan. 5, 2006]","(a) When is the special notice for repeated failure to monitor to be given? The owner or operator of a community or non-community water system that is required to monitor source water under § 141.701 must notify persons served by the water system that monitoring has not been completed as specified no later than 30 days after the system has failed to collect any 3 months of monitoring as specified in § 141.701(c). The notice must be repeated as specified in § 141.203(b). (b) When is the special notice for failure to determine bin classification or mean Cryptosporidium level to be given? The owner or operator of a community or non-community water system that is required to determine a bin classification under § 141.710, or to determine mean Cryptosporidium level under § 141.712, must notify persons served by the water system that the determination has not been made as required no later than 30 days after the system has failed report the determination as specified in § 141.710(e) or § 141.712(a), respectively. The notice must be repeated as specified in § 141.203(b). The notice is not required if the system is complying with a State-approved schedule to address the violation. (c) What is the form and manner of the special notice? The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in § 141.203(c). The public notice must be presented as required in § 141.205(c). (d) What mandatory language must be contained in the special notice? The notice must contain the following language, including the language necessary to fill in the blanks. (1) The special notice for repeated failure to conduct monitoring must contain the following language: We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (required bin determination date). We “did not monitor or test” or “did not complete all monitoring or testing” on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, (date). For more information, please call (name of water system contact) of (name of water system) at (phone number). We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (required bin determination date). We “did not monitor or test” or “did not complete all monitoring or testing” on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, (date). For more information, please call (name of water system contact) of (name of water system) at (phone number). (2) The special notice for failure to determine bin classification or mean Cryptosporidium level must contain the following language: We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by (date) whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (date). For more information, please call (name of water system contact) of (name of water system) at (phone number). We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by (date) whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (date). For more information, please call (name of water system contact) of (name of water system) at (phone number). (3) Each special notice must also include a description of what the system is doing to correct the violation and when the system expects to return to compliance or resolve the situation."