C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER D—WATER PROGRAMS › PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS › Subpart I—Control of Lead and Copper

40 C.F.R. § 141.89

Analytical methods

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(a) Analyses for lead, copper, pH, alkalinity, orthophosphate, and silica shall be conducted in accordance with methods in § 141.23(k)(1).

(1) Analyses for alkalinity, orthophosphate, pH, and silica may be performed by any person acceptable to the State. Analyses under this section for lead and copper shall only be conducted by laboratories that have been certified by EPA or the State. To obtain certification to conduct analyses for lead and copper, laboratories must:

(i) Analyze Performance Evaluation samples, which include lead and copper, provided by or acceptable to EPA or the State at least once a year by each method for which the laboratory desires certification; and

(ii) Achieve quantitative acceptance limits as follows:

(A) For lead: ±30 percent of the actual amount in the Performance Evaluation sample when the actual amount is greater than or equal to 0.005 mg/L. The Practical Quantitation Level, or PQL for lead is 0.005 mg/L.

(B) For Copper: ±10 percent of the actual amount in the Performance Evaluation sample when the actual amount is greater than or equal to 0.050 mg/L. The Practical Quantitation Level, or PQL for copper is 0.050 mg/L.

(iii) Achieve method detection limit for lead of 0.001 mg/L according to the procedures in appendix B of part 136 of this title.

(iv) Be currently certified by EPA or the State to perform analyses to the specifications described in paragraph (a)(1) of this section.

(2) States have the authority to allow the use of previously collected monitoring data for purposes of monitoring, if the data were collected and analyzed in accordance with the requirements of this subpart.

(3) All lead and copper levels measured between the PQL and MDL must be either reported as measured or they can be reported as one-half the PQL specified for lead and copper in paragraph (a)(1)(ii) of this section. All levels below the lead and copper MDLs must be reported as zero.

(4) All copper levels measured between the PQL and the MDL must be either reported as measured or they can be reported as one-half the PQL (0.025 mg/L). All levels below the copper MDL must be reported as zero.

(b) [Reserved]

[56 FR 26548, June 7, 1991, as amended at 57 FR 28789, June 29, 1992; 57 FR 31847, July 17, 1992; 59 FR 33863, June 30, 1994; 59 FR 62470, Dec. 5, 1994; 64 FR 67466, Dec. 1, 1999; 65 FR 2012, Jan. 12, 2000; 72 FR 57819, Oct. 10, 2007; 86 FR 4303, Jan. 15, 2021]
Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: Mateel Env't Just. Found. v. Edmund A. Gray Co., 9 Cal. Rptr. 3d 486 (Cal. Ct. App. 2004).
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Mateel Env't Just. Found. v. Edmund A. Gray Co., 9 Cal. Rptr. 3d 486 (Cal. Ct. App. 2004). “( 40 C.F.R. §§ 141.89 , 141.23 (k)(l).) 7 However, the Plumbing Distributors did not attempt to prove that these methods were Tier 1 or 2 tests, nor did they attempt to prove that Mateel had failed to comply with one or more of these methodologies.”
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