such notification and determination is made. (38 FR 28760, Oct. 16, 1973, as amended at 41 FR 52785, Dec. 1, 1976) PART 140—MARINE SANITATION DEVICE STANDARD Sec. AUTHORITY: Sec. 312, as added October 18, 1972, Pub. L. 92-500. sec. 2, 86 Stat. 871. Interpret or apply sec. 312(b)(1), 33 U.S.C. 1322 (b)(1). SOURCE: 41 FR 4453, Jan. 29, 1976, unless otherwise noted. (c) Before approving any application for an alternate test procedure proposed by the responsible person or firm making the discharge, the Regional Administrator shall forward a copy of the application to the Director of the Environmental Monitoring and Support Laboratory, Cincinnati. (d) Within ninety days of receipt by the Regional Administrator of an application for an alternate test procedure, proposed by the responsible person or firm making the discharge, the Regional Administrator shall notify the applicant and the appropri. ate State agency of approval or rejection, or shall specify the additional information which is required to determine whether to approve the proposed test procedure. Prior to the expiration of such ninety day period, a recommendation providing the scientific and other technical basis for acceptance or rejection will be forwarded to the Regional Administrator by the Director of the Environmental Monitoring and Support Laboratory, Cincinnati. A copy of all approval and rejection notifications will be forwarded to the Di. rector, Environmental Monitoring and Support Laboratory, Cincinnati, for the purposes of national coordination. (e) Within ninety days of the receipt by the Director of the Environmental Monitoring and Support Laboratory, Cincinnati of an application for an alternate test procedure for nationwide use, the Director of the Environmental Monitoring and Support Laboratory, Cincinnati shall notify the applicant of his recommendation to the Administrator to approve or reject the application, or shall specify additional information which is required to determine whether to approve the proposed test procedure. After such notification, an alternate method determined by the Administrator to satisfy the applicable requirements of this part shall be approved for nationwide use to satisfy the requirements of this subchapter; alternate test procedures determined by the Administrator not to meet the applicable requirements of this part shall be rejected. Notice of these determinations shall be submitted for publication in the FEDERAL REGISTER not later than 15 days after § 140.1 Definitions. For the purpose of these standards the following definitions shall apply: (a) “Sewage” means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes; (b) “Discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (c) “Marine sanitation device" includes any equipment for installation onboard a vessel and which is designed to receive, retain, treat, or discharge sewage and any process to treat such sewage; (d) “Vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on waters of the United States; (e) “New vessel” refers to any vessel on which construction was initiated on or after January 30, 1975; (f) “Existing vessel” refers to any vessel on which construction was initi. ated before January 30, 1975; (g) "Fecal coliform bacteria" are those organisms associated with the intestines of warm-blooded animals that are commonly used to indicate the presence of fecal material and the potential presence of organisms capable of causing human disease. § 140.2 Scope of standard. The standard adopted herein applies only to vessels on which a marine sanitation device has been installed. The standard does not require the installation of a marine sanitation device on any vessel that is not so equipped. The standard applies to vessels owned and operated by the United States unless the Secretary of Defense finds that compliance would not be in the interest of national security. § 140.3 Standard. (a)(1) In freshwater lakes, freshwater reservoirs or other freshwater impoundments whose inlets or outlets are such as to prevent the ingress or egress by vessel traffic subject to this regulation, or in rivers not capable of navigation by interstate vessel traffic subject to this regulation, marine sanitation devices certified by the U.S. Coast Guard (see 33 CFR Part 159, published in 40 FR 4622, January 30, 1975), installed on all vessels shall be designed and operated to prevent the overboard discharge of sewage, treated or untreated, or of any waste derived from sewage. This shall not be construed to prohibit the carriage of Coast Guard-certified flow-through treatment devices which have been secured so as to prevent such discharges. (2) In all other waters, Coast Guardcertified marine sanitation devices installed on all vessels shall be designed and operated to either retain, dispose of, or discharge sewage. If the device has a discharge, subject to paragraph (d) of this section, the effluent shall not have a fecal coliform bacterial count of greater than 1,000 per 100 milliliters nor visible floating solids. Waters where a Coast Guard-certified marine sanitation device permitting discharge is allowed include coastal waters and estuaries, the Great Lakes and inter-connected waterways, freshwater lakes and impoundments accessible through locks, and other flowing waters that are navigable interstate by vessels subject to this regulation. (b) This standard shall become effective on January 30, 1977 for new vessels and on January 30, 1980 for existing vessels (or, in the case of vessels owned and operated by the Depart ment of Defense, two years and five years, for new and existing vessels, respectively, after promulgation of implementing regulations by the Secretary of Defense under section 312(d) of the Act). (c) Any vessel which is equipped as of the date of promulgation of this regulation with a Coast Guard-certified flow-through marine sanitation device meeting the requirements of paragraph (a)(2) of this section, shall not be required to comply with the provisions designed to prevent the overboard discharge of sewage, treated or untreated, in paragraph (a)(1) of this section, for the operable life of that device. (d) After January 30, 1980, subject to paragrphs (e) and (f) of this section, marine sanitation devices on all vessels on waters that are not subject to a prohibition of the overboard discharge of sewage, treated or untreated, as specified in paragraph (a)(1) of this section, shall be designed and operated to either retain, dispose of, or discharge sewage, and shall be certified by the U.S. Coast Guard. If the device has a discharge, the effluent shall not have a fecal coliform bacterial count of greater than 200 per 100 milliliters, nor suspended solids greater than 150 mg/1. (e) Any existing vessel on waters not subject to a prohibition of the overboard discharge of sewage in paragraph (a)(1) of this section, and which is equipped with a certified device on or before January 30, 1978, shall not be required to comply with paragraph (d) of this section, for the operable life of that device. (f) Any new vessel on waters not subject to the prohibition of the overboard discharge of sewage in paragraph (a)(1) of this section, and on which construction is initiated before January 31, 1980, which is equipped with a marine sanitation device before January 31, 1980, certified under paragraph (a)(2) of this section, shall not be required to comply with paragraph (d) of this section, for the operable life of that device. (g) The degrees of treatment described in paragraphs (a) and (d) of this section are “appropriate stand ards" for purposes of Coast Guard and suance of a regulation completely proDepartment of Defense certification hibiting discharge from a vessel of any pursuant to section 312(g)(2) of the sewage, whether treated or not, into Act. particular waters of the United States (h) This section is not to be con- or specified portions thereof, which strued to accelerate the effective date waters are located within the boundof the standards and regulations pro- aries of such State. Such application mulgated under section 312 as such shall specify with particularly the date affects the sales regulations for waters, or portions thereof, for which marine sanitation devices specified in a complete prohibition is desired. The section 312(g)(1): January 30, 1977, application shall include identification and January 30, 1980, for new and ex of water recreational areas, drinking isting vessels, respectively. water intakes, aquatic sanctuaries, identifiable fish-spawning and nursery $ 140.4 Complete prohibition. areas, and areas of intensive boating (a) A State may completely prohibit activities. If, on the basis of the the discharge from all vessels of any State's application and any other insewage, whether treated or not, into formation available to him, the Adsome or all of the waters within such ministrator is unable to make a findState by making a written application ing that the waters listed in the applito the Administrator, Environmental cation require a complete prohibition Protection Agency, and by receiving of any discharge in the waters or porthe Administrator's affirmative deter tions thereof covered by the applicainination pursuant to section 312(f)(3) tion, he shall state the reasons why he of the Act. Upon receipt of an application under section 312(f)(3) of the Act, cannot make such a finding, and shall deny the application. If the Administhe Administrator will determine within 90 days whether adequate facil. trator makes a finding that the waters ities for the safe and sanitary removal listed in the application require a comand treatment of sewage from all ves plete prohibition of any discharge in sels using such waters are reasonably all or any part of the waters or poravailable. Applications made by States tions thereof covered by the State's pursuant to section 312(f)(3) of the application, he shall publish notice of Act shall include: (1) A certification such findings together with a notice of that the protection and enhancement proposed rule making, and then shall of the waters described in the petition proceed in accordance with 5 U.S.C. require greater environmental protec 553. If the Administrator's finding is tion than the applicable Federal that applicable water quality standstandard; (2) a map showing the loca- ards require a complete prohibition tion of commercial and recreational covering a more restricted or more expuinp-out facilities; (3) a description of panded area than that applied for by the location of pump-out facilities the State, he shall state the reasons within waters designated for no dis- why his finding differs in scope from charge; (4) the general schedule of op- that requested in the State's applicaerating hours of the pump-out facili- tion. ties; (5) the draught requirements on (1) For the following waters the disvessels that may be excluded because charge from a vessel of any sewage of insufficient water depth adjacent to (whether treated or not) is completely the facility; (6) information indicating prohibited: that treatment of wastes from such pump-out facilities is in conformance Boundary Waters Canoe Area, formerly with Federal law; and (7) information designated as the Superior, Little Indian on vessel population and vessel usage Sioux, and Caribou Roadless Areas, in the of the subject waters. Superior National Forest, Minnesota, as de scribed in 16 U.S.C. 577-577d1. (b) A State may make a written application to the Administrator, Envi- (41 FR 4453, Jan. 29, 1976, as amended at 42 ronmental Protection Agency, under FR 43837, Aug. 31, 1977) section 312(f)(4) of the Act, for the is 30-101-79--15 141.11 Maximum contaminant levels for in organic chemicals. 141.12 Maximum contaminant levels for organic chemicals. 141.13 Maximum contaminant levels for turbidity. 141.14 Maximum microbiological contami. nant levels. 141.15 Maximum contaminant levels for radium-226, radium-228, and gross alpha particle radioactivity in community water systems. 141.16 Maximum contaminant levels for beta particle and photon radioactivity from man-made radionuclides in community water systems. Subpart C-Monitoring and Analytical Requirements 141.21 Microbiological contaminant sam pling and analytical requirements. 141.22 Turbidity sampling and analytical requirements. 141.23 Inorganic chemical sampling and analytical requirements. 141.24 Organic chemical sampling and ana lytical requirements. 141.25 Analytical Methods for Radioactiv ity. 141.26 Monitoring Frequency for Radioac tivity in Community Water Systems. 141.27 Alternative analytical techniques. 141.28 Approved laboratories. 141.29 Monitoring of consecutive public water systems. § 141.2 Definitions. As used in this part, the term: (a) “Act” means the Public Health Service Act, as amended by the Safe Drinking Water Act, Pub. L. 93-523. (b) “Contaminant” means any physical, chemical, biological, or radiologi. cal substance or matter in water. (c) “Maximum contaminant level" means the maximum permissible level of a contaminant in water which is de. livered to the free flowing outlet of the ultimate user of a public water system, except in the case of turbidity where the maximum permissible level is measured at the point of entry to the distribution system. Contaminants added to the water under circumstances controlled by the user, except those resulting from corrosion of piping and plumbing caused by water quality, are excluded from this definition. (d) “Person" means an individual, corporation, company, association, partnership, State, municipality, or Federal agency. ation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements (ICRU). (k) “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. (1) “Picocurie (pCi)" means the quantity of radioactive material producing 2.22 nuclear transformations per minute. (m) “Gross alpha particle activity” means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample. (n) "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 except the daughter products of thorium-232, uranium-235 and uranium238. (0) "Gross boat particle activity" means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample. [40 FR 59570, Dec. 24, 1975, as amended at 41 FR 28403, July 9, 1976) 69, means (e) “Public water system" means a system for the provision to the public of piped water for human consumption, 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 (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system is either a “community water system” or a “noncommunity water system.” (i) “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. (ii) "Non-community water system" means a public water system that is not a community water system. (f) “Sanitary survey” 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. (g) "Standard sample” means the aliquot of finished dri ing water that is examined for the presence of coliform bacteria. (h) “State” means the agency of the State government which has jurisdiction over public water systems. During any period when a State 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. (i) “Supplier of water" means any person who owns or operates a public water system. (j) “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 radi an § 141.3 Coverage. This part shall apply to each public water system, unless the public water system meets all of the fol 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. § 141.4 Variances and exemptions. Variances or exemptions from certain provisions of these regulations may be granted pursuant to Sections 1415 and 1416 of the Act by the entity |