ENVIRONMENTAL
QUALITY BOARD[25 PA. CODE CH. 109] Disinfectants and Disinfection Byproducts [30 Pa.B. 4596] The Environmental Quality Board (Board) proposes to amend Chapter 109 (relating to safe drinking water). The proposed amendments will establish maximum residual disinfectant levels (MRDLs) and monitoring requirements for free chlorine, combined chlorine and chlorine dioxide. Maximum contaminant levels (MCLs) and monitoring requirements will be established for five haloacetic acids, chlorite and bromate. The MCL for total trihalomethanes will be lowered. The proposed amendments will also establish prefiltration treatment techniques for public water systems that use conventional filtration to reduce source water total organic carbon (TOC), which serves as a precursor to disinfection byproducts.
The proposal was adopted by the Board at its meeting of July 18, 2000.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Jeffrey A. Gordon, Acting Chief, Division of Drinking Water Management, P. O. Box 8467, Rachel Carson State Office Building, Harrisburg, PA 17105-8467, (717) 772-4018 or Pamela Bishop, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection's (Department) web site (http://www.dep.state.pa.us).
C. Statutory Authority
The proposed rulemaking is being made under the authority of section 4 of the Pennsylvania Safe Drinking Water Act (35 P. S. § 721.4), which grants the Board the authority to adopt rules and regulations governing the provision of drinking water to the public, and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-7 and 510-20).
D. Background and Purpose
The public health benefits of disinfection are significant and well-recognized. However, these very disinfection practices pose health risks of their own. Although disinfectants such as chlorine, hypochlorites and chlorine dioxide are effective in controlling many harmful microorganisms, they react with organic and inorganic matter in the water to form disinfection byproducts (DBPs), which pose health risks at certain levels.
The first DBPs discovered in public drinking water were halogenated methanes in 1974. As a result, the United States Environmental Protection Agency (EPA) promulgated an MCL for the composite sum of four individual DBP species: chloroform, bromodichloromethane, dibromochloromethane and bromoform. This composite sum was termed ''Total Trihalomethanes'' (TTHMs) and had an MCL of 0.1 mg/L which was applied only to community water systems serving at least 10,000 people. This MCL is currently in effect today.
Since the discovery of TTHMs in drinking water in 1974, other DBPs have been identified and studied for their health effects. Many of these studies have shown DBPs to be carcinogenic or to cause reproductive or developmental effects, or both, in laboratory animals. Studies have also shown that high levels of the disinfectants themselves may cause health problems over long periods of time, including damage to both the blood and the kidneys. While many of these studies have been conducted at high doses, the weight of the evidence indicates that DBPs present a potential public health problem that must be addressed.
In 1992, the EPA initiated a rulemaking process to address public health concerns associated with disinfectants, DBPs and microbial pathogens. As part of this rulemaking process, the EPA established a Regulatory Negotiation (Reg/Neg) Committee which included representatives of state and local health and regulatory agencies, public water systems, elected officials, consumer groups and environmental groups.
The EPA's most significant concern in developing regulations for disinfectants and DBPs was the need to ensure that adequate treatment be maintained for controlling risks from microbial pathogens. One of the major goals addressed in the rulemaking process was to develop an approach that would reduce the level of exposure from disinfectants and DBPs without undermining the control of microbial pathogens. The intention was to ensure that drinking water is microbiologically safe at the limits set for disinfectants and DBPs and that these chemicals do not pose an unacceptable health risk at these limits. Thus, the Reg/Neg Committee also considered a range of microbial issues and agreed that the EPA should also propose a companion microbial rule, the Interim Enhanced Surface Water Treatment Rule (IESWTR).
Following months of intensive discussions and technical analysis, the Reg/Neg Committee recommended the development of three sets of rules: a two-stage rule to address disinfectants and DBPs (D/DBPs), the IESWTR and an Information Collection Rule (ICR). The approach used in developing these proposals considered the constraints of simultaneously treating water to control microbial contaminants, disinfectants and DBPs. The Reg/Neg Committee agreed that the schedule for the IESWTR should be linked to the schedule of the first stage of the D/DBP rule to assure simultaneous compliance and a balanced risk-risk based implementation. The Reg/Neg Committee also agreed that additional information on health risk, occurrence, treatment technologies and analytical methods needed to be developed to better understand the risk-risk tradeoff, and how to accomplish an overall reduction in health risks to both pathogens and D/DBPs. Finally, the Reg/Neg Committee agreed that to develop a reasonable set of rules and to understand more fully the limitations of the current Surface Water Treatment Rule, additional field data were critical. Thus, a key component of the regulation negotiation agreement was the promulgation of the ICR.
The Federal Disinfectants and Disinfection Byproducts Rule (D/DBPR) (40 CFR Parts 9, 141 and 142), which was promulgated on December 16, 1998, was developed based on the outcome of this rulemaking process, as well as a wide range of technical comments from stakeholders and members of the public. The D/DBPR is intended to regulate treatment practices at public water systems to eliminate or minimize disinfectant levels and disinfection byproducts that may cause harmful health effects. The D/DBPR is applicable to all community and nontransient noncommunity water systems that use a chemical disinfectant or oxidant, as well as to all transient noncommunity water systems that use chlorine dioxide. The D/DBPR will establish MRDLs for free chlorine, combined chlorine and chlorine dioxide. MCLs will also be established for five haloacetic acids, chlorite and bromate. The current MCL for TTHMs will be lowered from 0.1 mg/L to 0.08 mg/L and will be applied to all community and nontransient noncommunity water systems, regardless of the population that is served. The D/DBPR will also regulate prefiltration treatment techniques for public water systems that use conventional filtration to reduce source water TOC, which serves as a precursor to disinfection byproducts.
On April 14, 2000, the EPA proposed corrective amendments to both the D/DBPR and IESWTR. These corrective amendments are minor in nature (for example, change in compliance date from December 17, 2001, to January 1, 2002) and are, as of the date of this writing, still in the proposed stage of rulemaking. For the purposes of this proposed rulemaking, the Department assumes that all of the proposed Federal corrective amendments will ultimately be adopted as final amendments. When the final Federal corrective amendments are promulgated, those final changes will be taken into consideration in connection with final adoption of this proposed rulemaking.
Other Federal rules will be promulgated in the future as a follow-up to both the D/DBPR and the IESWTR. These rules will be the Stage 2 D/DBPR, Long Term 1 Enhanced Surface Water Treatment Rule (LT1), Long Term 2 Enhanced Surface Water Treatment Rule (LT2) and Filter Backwash Rule (FBR). The LT1 and FBR rules are expected in 2001. The LT2 and Stage 2 D/DBPR rules are expected in 2002.
The Board proposes to incorporate both the Federal D/DBPR and the proposed Federal corrective amendments into Chapter 109. The rulemaking is necessary for the Commonwealth to retain primacy under the Federal Safe Drinking Water Act. See 35 P. S. §§ 721.2(a)(3) and 721.5(a) and 42 U.S.C.A. § 300g-2a.
The draft proposed amendments were submitted for review to the Water Resources Advisory Committee (WRAC) on February 9, 2000. Comments were received from the WRAC on March 21, 2000.
The WRAC adopted a comment from the Philadelphia Water Department (PWD) concerning the treatment techniques for DBP precursors found in 40 CFR 141.135 (relating to treatment technique for control of disinfection byproduct (DBP) precursors). The PWD was concerned that, during months when the ''alternate'' criteria of 40 CFR 141.135(c)(2) were met, the monthly ''compliance'' factors as per the same section would not be used in the compliance calculation defined in 40 CFR 141.135(c)(1).
The reason for this concern was that the PWD was not aware that 40 CFR 141.135(c) was referenced in § 109.202(g)(1). By not noting this reference, the PWD assumed that the quarterly compliance calculation of the running annual average in § 109.202(g)(2)(ii) was the same procedure applicable to systems doing enhanced coagulation or softening under 40 CFR 141.135(c). This procedure, however, makes no use of the monthly ''compliance'' factors that are specified in 40 CFR 141.135(c)(2). Hence, the PWD became concerned that the perceived omission of monthly ''compliance'' factors could cause more violations (under 40 CFR 141.135(c)(2) for systems doing enhanced coagulation or softening) than would be incurred with the use of the monthly ''compliance'' factors. This issue was later discussed with the PWD and clarified to the PWD's satisfaction. Accordingly, there is no change to the proposed amendments.
The draft proposed amendments were submitted to the Small Water Systems Technical Assistance Center Advisory Board (TAC) for review and discussion on March 23, 2000. Comments were received from the TAC on April 19, 2000. The TAC had no specific comments that would change the proposed amendments.
E. Summary of Regulatory Requirements
The proposed amendments reflect, and are no more stringent than, both the new Federal D/DBPR requirements and the proposed Federal corrective amendments. In addition to the following proposed amendments described, numerous sections have been amended to add MRDL references.
1. § 109.1. Definitions.
This section was amended to add the following EPA definitions: enhanced coagulation, enhanced softening, Groundwater Under the Direct Influence of Surface Water (GUDI), haloacetic acids (HAA5), maximum residual disinfectant level (MRDL), SUVA, total organic carbon (TOC) amd TTHM. The definitions of surface water and National Primary Drinking Water Regulations were also amended. These amendments reflect the new definitions of the Federal D/DBPR found in 40 CFR 141.2.
2. § 109.202(a)(3). Primary MCLs.
This new paragraph was added to incorporate the EPA's new requirements for obtaining an extension for compliance with the disinfection byproducts MCLs. This amendment reflects the Federal requirement found in 40 CFR 141.64(b)(2) (relating to maximum contaminant levels for disinfection byproducts).
3. § 109.202(f). MRDLs.
This new subsection was added to incorporate the EPA's new MRDLs by reference. This amendment reflects the Federal requirement found in 40 CFR 141.65 (relating to maximum residual disinfectant levels).
4. § 109.202(g). Treatment technique requirements for disinfection byproduct precursors.
This new subsection was added to incorporate the EPA's new total organic carbon removal requirements. This amendment reflects the Federal requirement found in 40 CFR 141.135.
5. § 109.301(8)(vi). Monitoring requirements for public water systems that obtain finished water from another public water system.
This new subparagraph was added to incorporate the EPA's requirement that the Federal D/DBPR be applied to all consecutive community and nontransient noncommunity water systems that serve water that contains a chemical disinfectant or oxidant. This amendment reflects the Federal requirement found in 40 CFR 141.130(a)(1) (relating to general requirements).
6. § 109.301(12). Monitoring requirements for disinfection byproducts and disinfection byproduct precursors.
This new paragraph was added to incorporate the EPA's new monitoring requirements for disinfection byproducts and total organic carbon. This amendment reflects the Federal requirements found in 40 CFR 141.132(a), (b) and (d) (relating to monitoring requirements).
7. § 109.301(13). Monitoring requirements for disinfectant residuals.
This new paragraph was added to incorporate the EPA's new monitoring requirements for disinfectant residuals. This amendment reflects the Federal requirement found in 40 CFR 141.132(c).
8. § 109.401. General public notification requirements.
This section was amended to add the EPA's acute violations for chlorine dioxide. This amendment reflects the Federal requirement found in 40 CFR 141.133(c)(2)(i) (relating to compliance requirements).
9. § 109.403(d). Description and content of notice.
This new subsection was added to incorporate the EPA's new public notification requirements for total trihalomethanes. This amendment reflects the Federal requirement found in 40 CFR 141.154(e) (relating to required additional health information).
10. § 109.701(a)(8). Reporting requirements for disinfectant residuals.
This new paragraph was added to incorporate the EPA's new disinfectant reporting requirements. This amendment reflects the Federal requirement found in 40 CFR 141.134(c) (relating to reporting and recordkeeping requirements).
11. § 109.701(a)(9). Reporting requirements for disinfection byproducts.
This new paragraph was added to incorporate the EPA's new disinfection byproduct reporting requirements. This amendment reflects the Federal requirement found in 40 CFR 141.134(b).
12. § 109.701(a)(10). Reporting requirements for disinfection byproduct precursors.
This new paragraph was added to incorporate the EPA's new reporting requirements for total organic carbon. This amendment reflects the Federal requirement found in 40 CFR 141.134(d).
13. § 109.701(e). Monitoring plans for disinfectants, disinfection byproducts and disinfection byproduct precursors.
This new subsection was added to incorporate the EPA's new requirements for monitoring plans pertaining to disinfectants, disinfection byproducts and total organic carbon. This amendment reflects the Federal requirement found in 40 CFR 141.132(f).
14. § 109.704(c). Operator certification.
This new subsection was added to incorporate the EPA's new requirements for nontransient noncommunity operator qualifications. Specifically, this subsection requires that nontransient noncommunity water systems that provide water that contains a chemical disinfectant must be operated by qualified operators. This subsection closely parallels current language in § 109.1107(c)(2) in that it will provide for a 3-year phase-in period for having a qualified operator, establishes certification under the Sewage Treatment Plant and Waterworks Operators' Certification Act (63 P. S. §§ 1001--1015) as the criteria for being qualified, and establishes a minimum certification level of disinfection only, according to § 303.2 (relating to waterworks operators certificates). This amendment reflects the Federal requirement found in 40 CFR 141.130(c).
15. § 109.710(c). Disinfectant residual in the distribution system.
This new subsection was added to incorporate the EPA's new conditions for obtaining a temporary exemption from compliance with both the chlorine and chloramines MRDLs. This amendment reflects the Federal requirement found in 40 CFR 141.130(d).
16. § 109.805. Certification procedure.
This section was amended to update the EPA references in subsection (b) and to incorporate the EPA's new annual proficiency testing requirement for certified drinking water laboratories. This amendment reflects the Federal requirement found in 40 CFR 141.131(b)(2) (relating to analytical requirements).
17. § 109.1003(a)(1)(viii). Monitoring requirements.
This new subparagraph was added to incorporate the EPA's new bromate monitoring requirements for bottled water systems. This amendment reflects the Federal requirement found in 40 CFR 141.132(b)(3).
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed rulemaking.
Benefits
The public health benefits of disinfection practices are significant and well-recognized. Disinfection, however, poses its own health risks. The proposed amendments will implement standards that will either minimize or eliminate harmful disinfectant levels and disinfection byproducts in public water systems.
The proposed amendments will affect 2,565 public water systems that serve a total population of over 10.4 million Pennsylvanians. These 10.4 million people will benefit from a reduction in health risks associated with disinfection practices, such as bladder cancer and kidney damage.
The EPA has estimated that the Nation may realize a total annual benefit of up to $4 billion as a result of avoiding up to 2,232 cases of bladder cancer per year. In this Commonwealth, this translates into a total annual benefit of up to $175 million in avoiding up to 98 cases of bladder cancer per year.
Compliance Costs
The EPA has estimated that a total annual cost of almost $684 million will be borne by the regulated community, Nationwide, as a result of this rule. It is estimated that water systems in this Commonwealth will bear over $23 million of this total annual cost.
The $23 million estimate will include up-front capital costs associated with process modifications. These process modifications may involve the dose or type of disinfectant chemical, the process locations of disinfectant addition, technologies or treatment techniques that reduce source water TOC, technologies or treatment techniques that remove DBPs and new source development activities.
The $23 million estimate also includes ongoing costs associated with operations and maintenance. These costs will include maintenance activities of any new technologies or sources that are installed because of this rule. These costs will also include the routine compliance expenses of monitoring, reporting and recordkeeping.
Compliance Assistance Plan
The Safe Drinking Water Program utilizes the Commonwealth's PENNVEST Program to offer financial assistance to eligible public water systems. This assistance is in the form of a low-interest loan, with some augmenting grant funds for hardship cases. Eligibility is based upon factors such as public health impact, compliance necessity and project/operational affordability.
The Safe Drinking Water Program has established a network of regional and central office training staff that is responsive to identifiable training needs. The target audience in need of training may be either program staff or the regulated community.
In addition to this network of training staff, the Bureau of Water Supply Management has a division dedicated to providing both training and outreach support services to public water system operators. The Department's Internet site also contains the Drinking Water & Wastewater Treatment System Operator Information Center Internet site, which provides a bulletin board of timely, useful information for treatment plant operators.
Paperwork Requirements
The proposed amendments will require that water systems comply with two to four new contaminant standards, as well as with one to three new disinfectant residual standards. To comply with these standards, the water system will need to monitor and report these contaminants and disinfectant residuals. Water systems which treat with conventional filtration will also need to monitor and report total organic carbon, both in the source water and in the treated water.
It is anticipated that this additional monitoring and reporting will be easily facilitated by the addition of one or two new data reporting forms and that little additional paperwork will be necessary.
G. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion of the proposed amendments to which an objection is made. The Regulatory Review Act specifies detailed procedures for review by the Department, the Governor and the General Assembly of objections raised prior to final publication of the amendments.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objection regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17105-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by October 2, 2000 (within 30 days of publication in the Pennsylvania Bulletin). Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by October 2, 2000 (within 30 days of publication in the Pennsylvania Bulletin). The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulations will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@dep.state.pa.us and must also be received by the Board by October 2, 2000. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
JAMES M. SEIF,
ChairpersonFiscal Note: (1) General Fund; (2) Implementing Year 2000-01 is $585,000; (3) 1st Succeeding Year 2001-02 is $585,000; 2nd Succeeding Year 2002-03 is $585,000; 3rd Succeeding Year 2003-04 is $585,000; 4th Succeeding Year 2004-05 is $585,000; 5th Succeeding Year 2005-06 is $585,000;
Environmental Environmental Program Protection Management Operations (4) Fiscal Year 1999-00 $40,200,000 $71,402,000 Fiscal Year 1998-99 $33,123,000 $70,083,000 Fiscal Year 1997-98 $31,139,000 $64,093,000; (7) Environmental Program Management/Environmental Protection Operation; (8) recommends adoption. The costs will be covered from these two appropriations. An estimated 85% of the costs should be reimbursed by the Federal government.
Annex A TITLE 25. ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF NATURAL RESOURCES ARTICLE II. WATER RESOURCES CHAPTER 109. SAFE DRINKING WATER Subchapter A. GENERAL PROVISIONS § 109.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Enhanced coagulation--The addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.
Enhanced softening--The improved removal of disinfection byproduct precursors by precipitative softening.
* * * * * GUDI--Groundwater Under the Direct Influence of Surface Water--Any water beneath the surface of the ground with the presence of insects or other macroorganisms, algae, organic debris or large diameter pathogens such as Giardia lamblia and 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. The term does not include finished water.
HAA5--Haloacetic acids (five)--The sum of the concentrations in milligrams per liter of the haloacetic compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, mono- bromoacetic acid and dibromoacetic acid), rounded to two significant figures after addition.
* * * * * MRDL--Maximum Residual Disinfectant Level--The maximum permissible 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.
* * * * * National Primary Drinking Water Regulations--Primary drinking water regulations and implementation regulations promulgated by the Administrator under the Federal act at 40 CFR [141.1--141.42 and 142.1--142.55] Parts 141 and 142 (relating to National Primary Drinking Water Regulations; and National Primary Drinking Water Regulations Implementation). The term includes interim, revised and final regulations.
* * * * * SUVA--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 (UV254) (in m-1) by its concentration of dissolved organic carbon (DOC) (in mg/L).
* * * * * Surface water--Water open to the atmosphere or subject to surface runoff [, or water directly influenced by surface water, which may include springs, infiltration galleries, cribs or wells]. The term does not include finished water. [Water is directly influenced by surface water when the aquifer is configured to allow the passage of pathogenic protozoans, subjecting the source to contamination by the protozoans. Direct influence may be determined on a case-by-case basis and may be determined by one or both of the following:
(i) Significant and relatively rapid shifts in water characteristics, such as turbidity, temperature, conductivity or pH (which may also change in groundwater but at a much slower rate) which closely correlate to climatologic or surface water conditions.
(ii) The presence of insects or other macroorganisms, algae, organic debris or large-diameter protozoans such as Giardia lamblia.]
* * * * * TOC--Total Organic Carbon--The 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.
TTHM--Total trihalomethanes.
* * * * * Subchapter B. MCLS, MRDLS OR TREATMENT TECHNIQUE REQUIREMENTS § 109.202. State MCLs, MRDLs and treatment technique requirements.
(a) Primary MCLs.
* * * * * (3) A public water system that is installing granular activated carbon or membrane technology to comply with the MCL for TTHMs, HAA5, chlorite (where applicable) or bromate (where applicable) may apply to the Department for an extension of up to 24 months past the applicable compliance date specified in the Federal regulations. but not beyond December 31, 2003. In granting the extension, the Department will set a schedule for compliance and may specify any interim measures that the Department deems necessary. Failure to meet the schedule or interim treatment requirements constitutes a violation of National Primary Drinking Water Regulations.
* * * * * (f) MRDLs.
(1) A public water system shall supply drinking water that complies with the MRDLs adopted by the EQB under the act.
(2) This subchapter incorporates by reference the primary MRDLs in the National Primary Drinking Water Regulations, in 40 CFR Part 141, Subpart G (relating to maximum contaminant levels and maximum residual disinfectant levels) as state MRDLs, under the authority of section 4 of the act (35 P. S. § 721.4), unless other MRDLs are established by regulations of the Department. The primary MRDLs which are incorporated by reference are effective on the date established by the Federal regulations.
(g) Treatment technique requirements for disinfection byproduct precursors.
(1) A public water system that uses either surface water or GUDI sources and that uses conventional filtration treatment shall provide adequate treatment to reliably control disinfection byproduct precursors in the source water. Enhanced coagulation and enhanced softening are deemed by the Department to be treatment techniques for the control of disinfection byproduct precursors in drinking water treatment and distribution systems. This subchapter incorporates by reference the treatment technique in 40 CFR 141.135 (relating to treatment technique for control of disinfection byproduct (DBP) precursors). Coagulants approved by the Department are deemed to be acceptable for the purpose of this treatment technique. This treatment technique is effective on the date established by the Federal regulations.
(2) The following requirements apply:
(i) Systems that use either surface water or GUDI sources and that use conventional filtration treatment shall operate with enhanced coagulation or enhanced softening to achieve the TOC percent removal levels specified in 40 CFR 141.135 unless the system meets at least one of the alternative compliance criteria listed in subparagraph (ii) or (iii).
(ii) Systems that use either surface water or GUDI sources that use conventional filtration treatment may use the alternative compliance criteria in clauses (A)--(F) to comply with this subsection in lieu of complying with subparagraph (i).
(A) The system's source water TOC level, measured in accordance with Subchapter C (relating to monitoring requirements), is less than 2.0 mg/L, calculated quarterly as a running annual average.
(B) The system's treated water TOC level, measured in accordance with Subchapter C, is less than 2.0 mg/L, calculated quarterly as a running annual average.
(C) The system's source water TOC level, measured in accordance with Subchapter C, is less than 4.0 mg/L, calculated quarterly as a running annual average; the source water alkalinity, measured in accordance with Subchapter C, is greater than 60 mg/L (as CaCO3), 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 subsection (a)(3), the system has made a clear and irrevocable financial commitment not later than the effective date for compliance to use 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 shall summit 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 Department for approval not later than the effective date for compliance. These technologies shall be installed and operating by June 30, 2005. Failure to install and operate these technologies by the date in the approved schedule will constitute a violation of the National Primary Drinking Water Regulations.
(D) 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.
(E) The system's source water SUVA, prior to any treatment and measured monthly in accordance with Subchapter C, is no greater than 2.0 L/mg-m, calculated quarterly as a running annual average.
(F) The system's finished water SUVA, measured monthly in accordance with Subchapter C, is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.
(iii) Systems practicing enhanced softening that cannot achieve the TOC removals required by subparagraph (i) may use the alternative compliance criteria in clauses (A) and (B) in lieu of complying with subparagraph (i).
(A) Softening that results in lowering the treated water alkalinity to less than 60 mg/L (as CaCO3), measured monthly in accordance with Subchapter C and calculated quarterly as a running annual average.
(B) Softening that results in removing at least 10 mg/L of magnesium hardness (as CaCO3), measured monthly and calculated quarterly as an annual running average.
§ 109.203. Unregulated contaminants.
The Department may by order establish [a] an MCL or treatment technique requirement on a case-by-case basis for a public water system in which an unregulated contaminant creates a health risk to the users of the public water system. An unregulated contaminant is one for which no MCL or treatment technique requirement has been established under § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements).
Subchapter C. MONITORING REQUIREMENTS § 109.301. General monitoring requirements.
The monitoring [and analytical] requirements[, including approved sampling procedures and analytical techniques,] established by the EPA under the National Primary Drinking Water Regulations, 40 CFR Part 141 (relating to national primary drinking water regulations), as of December 8, 1984, are incorporated by reference. Public water suppliers shall monitor for compliance with MCLs and MRDLs in accordance with the requirements established in the National Primary Drinking Water Regulations, except as otherwise established by this chapter unless increased monitoring is required by the Department under § 109.302 (relating to special monitoring requirements). Alternative monitoring requirements may be established by the Department and may be implemented in lieu of monitoring requirements for a particular National Primary Drinking Water Regulation if the alternative monitoring requirements are in conformance with the Federal act and regulations. The monitoring requirements shall be applied as follows:
* * * * * (2) Performance monitoring for unfiltered surface water. A public water supplier using unfiltered surface water sources shall conduct the following source water and performance monitoring requirements on an interim basis until filtration is provided, unless increased monitoring is required by the Department under § 109.302:
(i) Except as provided under subparagraphs (ii) and (iii), a public water supplier:
* * * * * (D) Shall continuously monitor the residual disinfectant concentration required under § 109.202(c)(1)(iii) (relating to State MCLs, MRDLs and treatment technique requirements) of the water being supplied to the distribution system and record the lowest value for each day. If a public water system's continuous monitoring equipment fails, the public water supplier may, upon notification of the Department under § 109.402, substitute grab sampling every 4 hours in lieu of continuous monitoring. Grab sampling may not be substituted for continuous monitoring for longer than 5 days after the equipment fails.
* * * * * (3) Monitoring requirements for coliforms. Public water systems shall determine the presence or absence of total coliforms for each routine or check sample; and, the presence or absence of fecal coliforms or E. coli for a total coliform positive sample in accordance with analytical techniques approved by the Department under § 109.304 (relating to analytical requirements). A system may forego fecal coliform or E. coli testing on a total coliform-positive sample if the system assumes that any total coliform-positive sample is also fecal coliform-positive. A system which chooses to forego fecal coliform or E. coli testing shall, under § 109.402(1), notify the Department within 1 hour of when the system is first notified of the total coliform-positive sample result.
(i) Frequency. Public water systems shall collect samples at regular time intervals throughout the monitoring period as specified in the system distribution sample siting plan under § 109.303(a)(2) (relating to sampling requirements). Systems which use groundwater and serve 4,900 persons or fewer, may collect all required samples on a single day if they are from different sampling sites in the distribution system.
* * * * * (C) A public water system that uses a surface water source and does not practice filtration in compliance with Subchapter B (relating to MCLs, MRDLs or treatment technique requirements) shall collect at least one total coliform sample at the entry point, or an equivalent location as determined by the Department, to the distribution system within 24 hours of each day that the turbidity level in the source water, measured as specified in paragraph (2)(i)(B), exceeds 1.0 NTU. The Department may extend this 24-hour collection limit to a maximum of 72 hours if the system adequately demonstrates a logistical problem outside the system's control in having the sample analyzed within 30 hours of collection. A logistical problem outside the system's control may include a source water turbidity result exceeding 1.0 NTU over a holiday or weekend in which the services of a Department certified laboratory are not available within the prescribed sample holding time. These sample results shall be included in determining compliance with the MCL for total coliforms established under § 109.202(a)(2).
* * * * * (8) Monitoring requirements for public water systems that obtain finished water from another public water system.
(i) Consecutive water suppliers shall monitor for compliance with the MCL for microbiological contaminants at the frequency established by the EPA and incorporated by reference into this chapter.
(ii) Community consecutive water suppliers shall:
(A) Monitor for compliance with the MCL for total trihalomethanes (TTHMs) [at the frequency established by the EPA and incorporated by reference into this chapter] established under 40 CFR 141.12 (relating to maximum contaminant levels for total trihalomethanes) in accordance with the requirements of 40 CFR 141.30 (relating to total trimalomethanes sampling, analytical and other requirements) if the system does one of the following:
* * * * * (vi) Community water systems and nontransient noncommunity water systems that provide finished water that contains a chemical disinfectant or oxidant shall comply with the monitoring requirements for disinfection byproducts and disinfectant residuals in paragraphs (12)(i)--(iii) and (13).
* * * * * (10) Additional monitoring. The Department may by written notice require a public water supplier to conduct monitoring for compliance with MCLs or MRDLs during a specific portion of a monitoring period, if necessary to ensure compliance with the monitoring or reporting requirements in this chapter.
* * * * * (12) Monitoring requirements for disinfection byproducts and disinfection byproduct precursors. Community water systems and nontransient noncommunity water systems that use a chemical disinfectant or oxidant, or provide finished water that contains a chemical disinfectant or oxidant, shall monitor for disinfection byproducts. Systems that use either surface water or GUDI sources and that serve at least 10,000 persons shall begin monitoring by January 1, 2002. Systems that use either surface water or GUDI sources and that serve fewer than 10,000 persons, or systems that use groundwater sources, shall begin monitoring by January 1, 2004. Systems monitoring for disinfection byproducts and disinfection byproduct precursors shall take all samples during normal operating conditions. Systems monitoring for disinfection byproducts and disinfection byproduct precursors may use only data collected under this chapter to qualify for reduced monitoring. Compliance with the MCLs and monitoring requirements for TTHMs, HAA5, chlorite (where applicable) and bromate (where applicable) shall be determined in accordance with 40 CFR 141.132 and 141.133 (relating to monitoring requirements; and compliance requirements) which are incorporated herein by reference.
(i) TTHMs and HAA5.
(A) Routine monitoring.
(I) Systems that use either surface water or GUDI sources shall monitor as follows:
(-a-) Systems serving at least 10,000 persons shall take at least four samples per month per treatment plant. At least 25% of all samples collected each quarter shall be collected at locations representing maximum residence time, with the remainder of the samples representing locations of at least average residence time.
(-b-) Systems serving from 500 to 9,999 persons shall take at least one sample per quarter per treatment plant. The sample shall be taken at a location that represents a maximum residence time.
(-c-) Systems serving fewer than 500 persons shall take at least one sample per year per treatment plant during the month of warmest water temperature. The sample shall be taken at a location that represents a maximum residence time. If the sample, or average of all samples, exceeds either a TTHM or HAA5 MCL, then the system shall take at least one sample per quarter per treatment plant. The sample shall be taken at a location that represents a maximum residence time. The system may reduce the sampling frequency back to one sample per year per treatment plant in accordance with the reduced monitoring criteria of clause (B).
(-d-) If a system samples more frequently than the minimum required in items (-a-)--(-c-), at least 25% of all samples collected each quarter shall be collected at locations representing maximum residence time, with the remainder of the samples representing locations of at least average residence time.
(II) Systems that use groundwater sources shall monitor as follows:
(-a-) Systems serving at least 10,000 persons shall take at least one sample per quarter per treatment plant. Multiple wells drawing water from a single aquifer may be considered as a single treatment plant. The sample shall be taken at a location that represents a maximum residence time.
(-b-) Systems serving fewer than 10,000 persons shall take at least one sample per year per treatment plant during the month of warmest water temperature. Multiple wells drawing water from a single aquifer may be considered as a single treatment plant. The sample shall be taken at a location that represents a maximum residence time. If the sample, or average of all samples, exceeds either a TTHM or HAA5 MCL, the system shall take at least one sample per quarter per treatment plant. The sample shall be taken at a location that represents a maximum residence time. The system may reduce the sampling frequency back to one sample per year per treatment plant in accordance with the reduced monitoring criteria of clause (B).
(-c-) If a system samples more frequently than the minimum required, at least 25% of all samples collected each quarter shall be collected at locations representing maximum residence time, with the remainder of the samples representing locations of at least average residence time.
(B) Reduced monitoring. Systems that have monitored for TTHMs and HAA5 for at least 1 year may reduce monitoring according to this clause. Systems that use either surface water or GUDI sources shall monitor source water TOC monthly for at least 1 year prior to qualifying for reduced monitoring. The Department retains the right to require a system that meets the requirements of this clause to resume routine monitoring.
(I) Systems that use either surface water or GUDI sources and that have a source water annual TOC average that is no greater than 4.0 mg/L and an annual TTHM average that is no greater than 0.040 mg/L and an annual HAA5 average that is no greater than 0.030 mg/L may reduce monitoring according to items (-a-)--(-c-). Systems that qualify for reduced monitoring may remain on reduced monitoring provided that the annual TTHM average is no greater than 0.060 mg/L and the annual HAA5 average is no greater than 0.045 mg/L. Systems that exceed these levels shall resume routine monitoring as prescribed in clause (A) in the quarter immediately following the quarter in which the system exceeds 0.060 mg/L for TTHMs or 0.045 mg/L for HAA5.
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[Continued from previous Web Page] (-a-) Systems serving at least 10,000 persons may reduce monitoring to one sample per quarter per treatment plant. The sample shall be taken at a location that represents a maximum residence time. Systems on reduced monitoring are not required to monitor source water TOC.
(-b-) Systems serving from 500 to 9,999 persons may reduce monitoring to one sample per year per treatment plant. The sample shall be taken during the month of warmest water temperature and at a location that represents a maximum residence time. Systems on reduced monitoring are not required to monitor source water TOC.
(-c-) Systems serving fewer than 500 persons and that are on increased monitoring as prescribed by clause (A) may reduce monitoring to one sample per year per treatment plant. The sample shall be taken during the month of warmest water temperature and at a location that represents a maximum residence time. Systems on reduced monitoring are not required to monitor source water TOC.
(II) Systems that use groundwater sources may reduce monitoring according to the following:
(-a-) Systems serving at least 10,000 persons may reduce monitoring to one sample per year per treatment plant if the annual TTHM average is no greater than 0.040 mg/L and the annual HAA5 average is no greater than 0.030 mg/L. The sample shall be taken during the month of warmest water temperature and at a location that represents a maximum residence time. Systems that qualify for reduced monitoring may remain on reduced monitoring provided that the annual TTHM average is no greater than 0.060 mg/L and the annual HAA5 average is no greater than 0.045 mg/L. Systems that exceed these levels shall resume routine monitoring as prescribed in clause (A) in the quarter immediately following the quarter in which the system exceeds 0.060 mg/L for TTHMs or 0.045 mg/L for HAA5.
(-b-) Systems serving fewer than 10,000 persons may reduce monitoring to one sample per 3-year cycle per treatment plant if the annual TTHM average is no greater than 0.040 mg/L and the annual HAA5 average is no greater than 0.030 mg/L for 2 consecutive years or the annual TTHM average is no greater than 0.020 mg/L and the annual HAA5 average is no greater than 0.015 mg/L for 1 year. The sample shall be taken during the month of warmest water temperature within the 3-year cycle beginning on January 1 following the quarter in which the system qualifies for reduced monitoring. The sample shall be taken at a location that represents a maximum residence time. Systems that qualify for reduced monitoring may remain on reduced monitoring provided that the annual TTHM average is no greater than 0.080 mg/L and the annual HAA5 average is no greater than 0.060 mg/L. Systems that exceed these levels shall resume routine monitoring as prescribed in clause (A) in the quarter immediately following the quarter in which the system exceeds 0.080 mg/L for TTHMs or 0.060 mg/L for HAA5.
(ii) Chlorite. Community water systems and nontransient noncommunity water systems that use chlorine dioxide for disinfection or oxidation, or provide finished water that contains chlorine dioxide, shall monitor for chlorite.
(A) Routine monitoring.
(I) Daily monitoring. Systems shall take daily samples at the entrance to the distribution system. Systems that must conduct additional monitoring in accordance with clause (B) shall continue to take routine daily samples at the entrance to the distribution system.
(II) Monthly monitoring. Systems shall take a three-sample set each month in the distribution system. The system shall take one sample at each of the following locations: as close to the first customer as possible; at a location representing an average residence time; and at a location representing a maximum residence time. Systems that must conduct additional monitoring in accordance with subclause (III) may use the results of the additional monitoring to meet the monthly monitoring requirements of this subclause.
(III) Additional monitoring. If a daily sample at the entrance to the distribution system exceeds the chlorite MCL, the system shall take three samples in the distribution system on the following day. The system shall take one sample at each of the following locations: as close to the first customer as possible, at a location representing an average residence time and at a location representing a maximum residence time.
(B) Reduced monitoring. Chlorite monitoring in the distribution system required by clause (A)(II) may be reduced to one three-sample set per quarter after 1 year of monitoring where no individual chlorite sample taken in the distribution system under clause (A)(II) has exceeded the chlorite MCL and the system has not been required to conduct additional monitoring under clause (A)(III). The system may remain on the reduced monitoring schedule until either any of the three individual chlorite samples taken quarterly in the distribution system exceeds the chlorite MCL or the system is required to conduct additional monitoring under clause (A)(III), at which time the system shall revert to routine monitoring as prescribed by clause (A).
(iii) Bromate. Community water systems and nontransient noncommunity water systems that use ozone for disinfection or oxidation, or provide finished water that contains ozone, shall monitor for bromate.
(A) Routine monitoring. Systems shall take one sample per month for each treatment plant that uses ozone. Systems shall take the monthly sample at the entrance to the distribution system while the ozonation system is operating under normal conditions.
(B) Reduced monitoring. Systems required to analyze for bromate may reduce monitoring from monthly to quarterly provided that the system demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly bromide measurements for 1 year. Systems on reduced monitoring shall continue to take monthly samples for source water bromide. Systems 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 upon representative monthly measurements, at which time the system shall revert to routine monitoring as prescribed by clause (A).
(iv) Disinfection byproduct precursors. Systems that use either surface water or GUDI sources and that use conventional filtration shall monitor for disinfection byproduct precursors.
(A) Routine monitoring. Systems shall take monthly samples of the source water alkalinity, the source water TOC and the combined filter effluent TOC for each treatment plant that uses conventional filtration. The three samples shall be taken concurrently and at a time that is representative of both normal operating conditions and influent water quality.
(B) Reduced monitoring. Systems with an average treated water TOC of less than 2.0 mg/L for 2 consecutive years, or less than 1.0 mg/L for 1 year, may reduce monitoring for source water alkalinity, source water TOC and combined filter effluent TOC from monthly to quarterly for each applicable treatment plant. The system shall revert to routine monitoring as prescribed by clause (A) in the month following the quarter when the annual average treated water TOC is not less than 2.0 mg/L.
(C) Early monitoring. Systems may begin monitoring to determine whether the TOC removal requirements of 40 CFR 141.135(b)(1) (relating to enhanced coagulation and enhanced softening performance requirements) 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 requirements of 40 CFR 141.135(b)(1) and must therefore apply for alternate minimum TOC removal requirements under 40 CFR 141.135(b)(4) is not eligible for retroactive approval of the alternate minimum TOC removal requirements and is in violation. Systems may apply for alternate minimum TOC removal requirements any time after the compliance date.
(13) Monitoring requirements for disinfectant residuals. Community water systems and nontransient noncommunity water systems that use a chemical disinfectant or oxidant, or provide finished water that contains a chemical disinfectant or oxidant, shall monitor for disinfectant residuals. Transient noncommunity water systems that use chlorine dioxide as either a disinfectant or oxidant shall monitor for chlorine dioxide disinfectant residual. Systems that use either surface water or GUDI sources and that serve at least 10,000 persons shall begin monitoring by January 1, 2002. Systems that use either surface water or GUDI sources and that serve fewer than 10,000 persons, or systems that use groundwater sources, shall begin monitoring by January 1, 2004. Systems monitoring for disinfectant residuals shall take all samples during normal operating conditions. Compliance with the MRDLs and monitoring requirements for chlorine, chloramines and chlorine dioxide (where applicable) shall be determined in accordance with 40 CFR 141.132 and 141.133 (relating to monitoring requirements; and compliance requirements) which are incorporated herein by reference.
(i) Chlorine and chloramines. Systems shall measure the residual disinfectant level at the same points in the distribution system and at the same time that total coliforms are samples, as specified in paragraph (3). Systems that used either surface water or GUDI sources may use the results of residual disinfectant concentration sampling conducted under paragraph (1) or (2) in lieu of taking separate samples.
(ii) Chlorine dioxide.
(A) Routine monitoring. Systems shall take one sample per day at the entrance to the distribution system. For any daily sample that exceeds the MRDL, the system shall conduct additional monitoring as specified in clause (B) in addition to the sample required at the entrance to the distribution system. Compliance shall be based on consecutive daily samples collected by the system under this clause.
(B) Additional monitoring. If a daily sample at the entrance to the distribution system exceeds the chlorine dioxide MRDL, the system shall take three samples in the distribution system on the following day. 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 disinfectant addition points after the entrance to the distribution system, the system shall take three samples as close to the first customer as possible, at intervals of at least 6 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, the system shall take one sample at each of the following locations: as close to the first customer as possible, at a location representing an average residence time, and at a location representing a maximum residence time.
§ 109.302. Special monitoring requirements.
(a) The Department may require a public water supplier to conduct monitoring in addition to that required by § 109.301 (relating to general monitoring requirements) if the Department has reason to believe the public water system is not in compliance with the MCL, MRDL or treatment technique requirement for the contaminant.
* * * * * § 109.303. Sampling requirements.
(a) The samples taken to determine a public water system's compliance with MCLs or MRDLs or to determine compliance with monitoring requirements shall be taken at the locations identified in §§ 109.301 and 109.302 (relating to general monitoring requirements; and special monitoring requirements), or as follows:
* * * * * § 109.304. Analytical requirements.
(a) Sampling[, monitoring] and analysis shall be performed in accordance with analytical techniques adopted by the EPA under the Federal act or methods approved by the Department.
(b) An alternate analytical technique may be employed with the written approval of the Department and the concurrence of the Administrator. An alternate technique will be accepted only if it is substantially equivalent to the prescribed test in both precision and accuracy as it relates to the determination of compliance with MCLs or MRDLs or treatment technique requirements. The use of the alternate analytical technique may not decrease the frequency of monitoring required by this subchapter.
Subchapter D. PUBLIC NOTIFICATION § 109.401. General public notification requirements.
For the purposes of this section, the term ''acute violation'' means a violation of the MCL for a contaminant or another condition that may pose an acute risk to human health. Acute violations include, but are not limited to: the MCL for nitrate or nitrite is exceeded, the turbidity performance level which is required to be measured to determine compliance with § 109.202(c) (relating to State MCLs, MRDLs and treatment technique requirements) or the turbidity level at an unfiltered surface water source exceeds 5 NTU, the MCL for total coliforms is exceeded due to the presence of fecal coliforms or E. coli in the water distribution system, the MRDL for chlorine dioxide is exceeded in the distribution system 1 day after an MRDL exceedance at the entry point, failure to monitor in the distribution system one day after a chlorine dioxide MRDL exceedance at the entry point, and the occurrence of a waterborne disease outbreak.
(1) The public water supplier shall give public notification in accordance with this section when one of the following occurs:
(i) The public water system is not in compliance with the applicable primary MCLs, MRDLs or treatment technique requirements in Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).
* * * * * (2) A community water supplier, except for violations involving POE devices, required to provide public notification shall, at a minimum, provide public notification in a form approved by the Department as follows:
* * * * * (iii) In addition to the publication of the notice in accordance with [the provisions of] paragraph (2)(i), the water supplier, except one required to post or hand deliver the notice under paragraph (2)(i)(A) or (B) shall furnish a copy of the notice to the radio and television stations serving the area after the supplier learns of an acute violation or another primary MCL or MRDL violation under paragraph (1)(i) in accordance with the following schedule:
* * * * * (B) Within 7 days of a violation of another primary MCL or MRDL.
* * * * * § 109.402. Emergency public notification.
In addition to the requirements of § 109.401 (relating to general public notification requirements), the Department may require public notice by providing a water supply warning to be given if conditions in a public water system present an imminent hazard to the public health.
(1) A public water supplier who knows that a primary MCL or MRDL has been exceeded or a treatment technique performance standard has been violated or has reason to believe that circumstances exist which may adversely affect the quality of drinking water, including, but not limited to, source contamination, spills, accidents, natural disasters or breakdowns in treatment, shall report the circumstance to the Department within 1 hour of discovery of the problem.
* * * * * § 109.403. Description and content of notice.
(a) Notice given under this subchapter shall be written in a manner reasonably designed to fully inform the users of the system.
* * * * * (2) The notice shall disclose material facts regarding the subject including the nature of the problem and, when appropriate, a clear statement that an MCL, an MRDL or a treatment technique requirement has been violated and the preventive measures that should be taken by the public.
* * * * * (d) Community water systems serving at least 10,000 persons that detect TTHM above 0.080 mg/L, but below the MCL in 40 CFR 141.12 (relating to maximum contaminant levels for total trihalomethanes), as an annual average, monitored and calculated under 40 CFR 141.30 (relating to total trihalomethanes sampling, analytical and other requirements), shall include health effects language prescribed by paragraph (73) of Appendix C to 40 CFR Subpart O (relating to consumer confidence reports).
Subchapter E. PERMIT REQUIREMENTS § 109.503. Public water system construction permits.
* * * * * (c) Permit fees.
* * * * * (3) Applications for permits or major permit amendments submitted to satisfy the requirements of Subchapter B (relating to MCLs, MRDLs or treatment technique requirements) for removal of VOCs and SOCs through the construction of treatment facilities designed to achieve greater removal of contaminants than would be achieved by conventional filtration shall be accompanied by a fee of $2,500.
* * * * * § 109.505. Requirements for noncommunity water systems.
A noncommunity water system shall obtain a construction permit under § 109.503 (relating to public water system construction permits) and an operation permit under § 109.504 (relating to public water system operation permits), unless the noncommunity water system satisfies paragraph (1) or (2). The Department retains the right to require a noncommunity water system that meets the requirements of paragraph (1) or (2) to obtain a construction and an operation permit, if, in the judgment of the Department, the noncommunity water system cannot be adequately regulated through standardized specifications and conditions. A noncommunity water system which is released from the obligation to obtain a construction and an operation permit shall comply with the other requirements of this chapter, including design, construction and operation requirements described in Subchapters F and G (relating to design and construction standards; and system management responsibilities).
* * * * * (2) A noncommunity water system not covered under paragraph (1) is not required to obtain a construction and an operation permit if it satisfies the following specifications and conditions:
(i) The sources of supply for the system are groundwater sources requiring treatment no greater than disinfection to provide water of a quality that meets the primary MCLs established under Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).
* * * * * § 109.506. Emergency permits.
* * * * * (b) State and Federal agencies conducting emergency response bulk water hauling operations are not required to obtain a permit under this subchapter, if a Department approved source is utilized and adequate monitoring is conducted to assure compliance with the microbiological MCL specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements).
* * * * * § 109.507. Permits for innovative technology.
The Department may consider proposals for innovative water treatment processes, methods or equipment and may issue an innovative technology construction or operation permit if the applicant demonstrates to the Department's satisfaction that the proposal will provide drinking water that complies with Subchapter B (relating to MCLs, MRDLs or treatment technique requirements). Applications for innovative technology construction permits shall satisfy the requirements of § 109.503 (relating to public water system construction permits). The Department may condition innovative technology operation permits on duration, additional monitoring, reporting or other requirements as it deems necessary to protect the public health. The Department may revoke an innovative technology construction or operation permit if it finds the public water system is not complying with drinking water standards or the terms or conditions of the permit or if there is a significant change in the source water quality which could affect the reliability and operability of the treatment facility. Authorization for construction, operation or modifications obtained under an innovative technology permit will not extend beyond the expiration date of the permit.
Subchapter F. DESIGN AND CONSTRUCTION STANDARDS § 109.602. Acceptable design.
(a) A public water system shall be designed to provide an adequate and reliable quantity and quality of water to the public. The design shall ensure that the system will, upon completion, be capable of providing water that complies with the primary and secondary MCLs, MRDLs and treatment techniques established in Subchapter B (relating to MCLs, MRDLs or treatment technique requirements) except as further provided in this section.
* * * * * § 109.605. Minimum treatment design standards.
The level of treatment required for raw water depends upon the characteristics of the raw water, the nature of the public water system and the likelihood of contamination. The following minimum treatment design standards apply to new facilities and major changes to existing facilities:
(1) For surface water sources, the minimum treatment design standard for filtration technologies is a 99% removal of Giardia cysts and a 99% removal of viruses. The determination of the appropriate filtration technology to be used shall be based on the following:
* * * * * (ii) Direct filtration, slow sand filtration and diatomaceous earth filtration may be permitted if studies, including pilot studies where appropriate, approved by the Department are conducted and demonstrate, through achievement of the turbidity performance standards specified in § 109.202(c)(1)(i) (relating to State MCLs, MRDLs and treatment technique requirements), that the minimum treatment design standard can be achieved consistently, reliably and practically under appropriate design and operating conditions.
* * * * * § 109.611. Disinfection.
Disinfection facilities shall be designed to provide the dosage rate and contact time prior to the first customer sufficient to provide a quality of water that complies with the microbiological MCL and the appropriate MRDL, specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements).
§ 109.612. POE devices.
* * * * * (c) A public water supplier using POE devices as a means of treatment shall install a POE device on the service line to customers, except for customers who are provided with water that meets the requirements of Subchapter B (relating to MCLs, MRDLs or treatment technique requirements) without the use of a POE device.
* * * * * Subchapter G. SYSTEM MANAGEMENT RESPONSIBILITIES § 109.701. Reporting and recordkeeping.
(a) Reporting requirements for public water systems. Public water systems shall comply with the following requirements:
* * * * * (2) Monthly reporting requirements for performance monitoring.
* * * * * (ii) The test results of performance monitoring required under § 109.301(2) for public water suppliers using unfiltered surface water sources shall include the following, at a minimum:
* * * * * (B) For performance monitoring of the residual disinfectant concentration of the water being supplied to the distribution system:
(I) The date, time and lowest value each day the concentration is less than the residual disinfectant concentration required under § 109.202(c)(1)(iii) (relating to State MCLs, MRDLs and treatment technique requirements).
* * * * * (8) Reporting requirements for disinfectant residuals. Public water systems shall report MRDL monitoring data as follows:
(i) For systems monitoring for chlorine dioxide under § 109.301(13), the dates, results and locations of the samples that were taken during the previous month.
(ii) For systems monitoring for either chlorine or chloramines under § 109.301(13):
(A) The monthly arithmetic average of all samples taken in each month for the last 12 months.
(B) The arithmetic average of all monthly averages for the last 12 months.
(9) Reporting requirements for disinfection byproducts.
(i) Systems monitoring for TTHMs and HAA5 under § 109.301(12) shall report the following:
(A) Systems monitoring on a quarterly or more frequent basis shall report the following:
(I) The number of samples taken during the last quarter.
(II) The date, location and result of each sample taken during the last quarter.
(III) The arithmetic average of all samples taken in the last quarter.
(IV) The annual arithmetic average of the quarterly arithmetic averages for the last 4 quarters.
(V) Whether the annual arithmetic avearge exceeds the MCL for either TTHMs or HAA5.
(B) Systems monitoring less than quarterly but no less than annually shall report the following:
(I) The number of samples taken during the last year.
(II) The date, location and result of each sample taken during the last monitoring period.
(III) The arithmetic average of all samples taken in the last year.
(IV) Whether the annual arithmetic average exceeds the MCL for either TTHMs or HAA5.
(C) Systems monitoring less than annually shall report the following:
(I) The date, location and result of the last sample taken.
(II) Whether the sample exceeds the MCL for either TTHMs or HAA5.
(ii) Systems monitoring for chlorite under § 109.301(12) shall report the following:
(A) The number of entry point samples taken each month for the last 3 months.
(B) The date, location and result of each entry point and distribution sample taken during the last quarter.
(C) The arithmetic average of each three-sample set of distribution samples taken in each month in the reporting period.
(D) Whether the monthly arithmetic average exceeds the MCL.
(iii) Systems monitoring for bromate under § 109.301(12) shall report the following:
(A) The number of samples taken during the last quarter.
(B) The date, location and result of each sample taken during the last quarter.
(C) The arithmetic average of the monthly arithmetic averages of all samples taken in the last year.
(D) Whether the annual arithmetic average exceeds the MCL.
(10) Reporting requirements for disinfection byproduct precursors. Systems monitoring for TOC under § 109.301(12) shall report in accordance with 40 CFR 141.134(d) (relating to reporting and recordkeeping requirements for disinfection byproduct precursors and enhanced coagulation or enhanced softening).
* * * * * (d) Record maintenance. The public water supplier shall retain on the premises of the public water system or at a convenient location near the premises the following:
* * * * * (3) Records of action taken by the public water supplier to correct violations of MCLs, MRDLs or treatment technique requirements, which shall be kept for at least 3 years after the last action taken with respect to the particular violation involved.
* * * * * (e) Monitoring plans for disinfectants, disinfection byproducts and disinfection byproduct precursors. Systems required to monitor for disinfection byproducts or disinfection byproduct precursors under § 109.301(12) or disinfectant residuals under § 109.301(13) shall develop and implement a monitoring plan. The system shall maintain the plan and make it available for inspection by the Department and the general public no later than 30 days following the applicable compliance dates. All systems that use either surface water or GUDI sources shall submit a copy of the monitoring plan to the Department no later than the date of the first report required under this subchapter. The Department may also require the plan to be submitted by any other system, regardless of size or source water type. After review, the Department may require changes in any of the plan components.
(1) The plan shall include the following components:
(i) Specific locations and schedules for collecting samples for any parameters included in § 109.301 (12) or (13).
(ii) How the system will calculate compliance with the MCLs, MRDLs and treatment techniques.
(iii) If approved for monitoring as a consecutive system, or if providing water to a consecutive system, the sampling plan shall reflect the entire distribution system.
(iv) 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 under § 109.301(12)(i).
(2) The system shall notify the Department of subsequent revisions to an approved monitoring plan for approval as they occur. Revisions to an approved monitoring plan shall be submitted in written form to the Department within 30 days of notifying the Department of the revisions.
§ 109.704. Operator certification.
* * * * * (c) Beginning ______(Editor's Note: The blank refers to a date 3 years from the effective date of the adoption of this proposal), nontransient noncommunity water systems that provide water that contains a chemical disinfectant shall be operated by qualified personnel certified under the Sewage Treatment Plant and Waterworks Operators' Certification Act (63 P. S. §§ 1001--1015). The minimum certification to operate these facilities shall be a certificate to operate plants with disinfection only, under § 303.2 (relating to waterworks operators certificates).
§ 109.710. Disinfectant residual in the distribution system.
(a) A disinfectant residual acceptable to the Department shall be maintained throughout the distribution system of the community water system sufficient to assure compliance with the microbiological MCLs and the treatment technique requirements specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements). The Department will determine the acceptable residual of the disinfectant considering factors such as type and form of disinfectant, temperature and pH of the water, and other characteristics of the water system.
* * * * * (c) Public water systems may increase residual chlorine or chloramine, but not chlorine dioxide, disinfectant levels in the distribution system to a level that exceeds the MRDL for that disinfectant and for a time necessary to protect public health or to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm runoff events, source water contamination events or cross-connection events.
Subchapter H. LABORATORY CERTIFICATION § 109.801. Certification requirement.
A laboratory shall be certified under this subchapter to perform analyses acceptable to the Department for the purposes of ascertaining drinking water quality and demonstrating compliance with monitoring requirements established in Subchapter C (relating to monitoring requirements).
* * * * * (3) A parameter of drinking water quality for which no MCL, MRDL or monitoring requirement of general applicability has been established may be part of a certification subcategory.
§ 109.805. Certification procedure.
* * * * * (b) [For certification areas other than microbiology, the laboratory shall successfully complete at least one set of performance evaluation samples required by the Department for the parameters in the category for which certification is sought. Acceptable tolerances of analyses of performance evaluation samples shall be as stated by the EPA in 40 CFR 141.23(k)(5), 141.24(f)(17) and (h)(19) (relating to inorganic chemical sampling and analytical requirements; and organic chemicals other than total trihalomethanes, sampling and analytical requirements). For microbiology certification, the laboratory shall successfully complete a set of performance evaluation samples as required by the Department to show proficiency.] The laboratory shall successfully complete at least one set of proficiency test samples required by the Department for the parameters in the category for which certification is sought. Acceptable tolerances of analyses of proficiency test evaluation samples shall be as stated by the EPA in 40 CFR Part 141 (relating to National Primary Drinking Water Regulations) or the ''National Standards for Water Proficiency Testing, Criteria Document.'' For parameters not included in either document the acceptance limits shall be those established by the Department.
* * * * * (e) In addition to terms and conditions in the certification issued to a laboratory, the certified laboratory shall fulfill the following requirements to maintain certification:
* * * * * (3) The laboratory shall successfully complete at least one set of proficiency test samples required by the Department at least once every 12 months.
§ 109.810. Reporting and notification requirements.
* * * * * (b) A laboratory certified under this subchapter shall whenever an MCL, MRDL or a treatment technique performance requirement under § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements) is violated, or a sample result requires the collection of check samples under § 109.301 (relating to general monitoring requirements):
* * * * * Subchapter I. VARIANCES AND EXEMPTIONS ISSUED BY THE DEPARTMENT § 109.901. Requirements for a variance.
* * * * * (b) The Department may grant one or more variances to a public water system from a treatment technique requirement upon a finding that the public water supplier applying for the variance has demonstrated that, because of the nature of the raw water source of the system the treatment technique is not necessary to protect the health of the persons served by the system. The treatment technique requirements established under § 109.202(c) (relating to State MCLs, MRDLs and treatment techniques requirements) and treatment technique requirements established under § 109.1102(b) (relating to action levels and treatment technique requirements) are not eligible for a variance.
§ 109.903. Requirements for an exemption.
* * * * * (b) The treatment technique requirements established under § 109.202(c) (relating to State MCLs, MRDLs and treatment technique requirements) and treatment technique requirements established under § 109.1102(b) (relating to action levels and treatment technique requirements) are not eligible for an exemption.
Subchapter J. BOTTLED WATER AND VENDED WATER SYSTEMS, RETAIL WATER FACILITIES AND BULK WATER HAULING SYSTEMS § 109.1002. MCLs, MRDLs or treatment techniques.
(a) Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall supply drinking water that complies with the MCLs, MRDLs and treatment technique requirements under §§ 109.202 and 109.203 (relating to State MCLs, MRDLs and treatment technique requirements; and unregulated contaminants). Bottled water systems, vended water systems, retail water facilities and bulk water hauling systems shall provide continuous disinfection for groundwater sources. Water for bottling labeled as mineral water, under § 109.1007 (relating to labeling requirements for bottled water systems, vended water systems and retail water facilities) shall comply with the MCLs except that mineral water may exceed the MCL for total dissolved solids.
* * * * * § 109.1003. Monitoring requirements.
(a) General monitoring requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall monitor for compliance with the MCLs and MRDLs in accordance with § 109.301 (relating to general monitoring requirements) and shall comply with § 109.302 (relating to special monitoring requirements). The monitoring requirements shall be applied as follows, except that systems which have installed treatment to comply with a primary MCL shall conduct quarterly operational monitoring for the contaminant which the facility is designed to remove:
(1) Bottled water systems, retail water facilities and bulk water hauling systems, for each entry point shall:
* * * * * (viii) Monitor monthly for bromate, if the system uses ozone for disinfection or oxidation.
(A) Systems shall take one sample per month for each entry point that uses ozone while the ozonation system is operating under normal conditions.
(B) Systems may reduce monitoring for bromate from monthly to quarterly if the system demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly bromide measurements for 1 year. Systems on reduced monitoring shall continue monthly source water bromide monitoring. If the running annual average source water bromide concentration, computed quarterly, is equal to or exceeds 0.05 mg/L, the system shall revert to routine monitoring as prescribed by clause (A).
* * * * * (c) Sampling requirements.
(1) For bottled water and vended water systems, retail water facilities and bulk water hauling systems, samples taken to determine compliance with MCLs, MRDLs and monitoring requirements, including special monitoring requirements for unregulated contaminants, and treatment techniques shall be taken from each entry point.
* * * * * (d) Repeat monitoring for microbiological contaminants.
* * * * * (3) If a check sample is total coliform-positive, the system shall be deemed to have violated the MCL for total coliforms established under § 109.1002 (relating to MCLs, MRDLs or treatment techniques).
§ 109.1004. Public notification.
(a) General public notification requirements. A bottled water, vended water, retail water or bulk water supplier shall give public notification in accordance with this section. In addition, a bulk water supplier shall give public notification in accordance with §§ 109.401(a) and 109.406(b) (relating to general public notification requirements; and public notice requirements for unregulated contaminants).
(1) A bottled water, vended water, retail water or bulk water supplier who knows that a primary MCL or an MRDL has been exceeded or treatment technique performance standard has been violated or has reason to believe that circumstances exist which may adversely affect the quality of drinking water, including, but not limited[,] to, source contamination, spills, accidents, natural disasters or breakdowns in treatment, shall report the circumstances to the Department within 1 hour of discovery of the problem.
* * * * * (b) Description and content of notice. Notice given under this section shall be written in a manner reasonably designed to fully inform the users of the system. When appropriate or as designated by the Department, additional notice in a foreign language shall be given.
* * * * * (2) The notice shall disclose material facts regarding the subject, including the nature of the problem and, when appropriate, a clear statement that an MCL or MRDL has been violated and preventive measures that should be taken by the public.
* * * * * § 109.1005. Permit requirements.
* * * * * (e) Permit applications. An application for a public water system permit for a bottled water or vended water system, retail water facility or bulk water hauling system shall be submitted in writing on forms provided by the Department and shall be accompanied by plans, specifications, engineer's report, water quality analyses and other data, information or documentation reasonably necessary to enable the Department to determine compliance with the act and this chapter. The Department will make available to the applicant the Public Water Supply Manual, available from the Bureau of Water Supply Management, Post Office Box 8467, Harrisburg, Pennsylvania 17105-8467 which contains acceptable design standards and technical guidance. Water quality analyses shall be conducted by a laboratory certified under this chapter. An application for a public water system permit for a bottled water or vended water system, retail water facility or bulk water hauling system shall include:
* * * * * (7) In addition to the information required under paragraphs (1)--(6), an application for a bottled water system permit shall include:
(i) An analysis of the quality of the manufactured water for each bottled water product. The analysis shall include data for each primary and secondary contaminant under § 109.1002 (relating to MCLs, MRDLs or treatment techniques).
* * * * * § 109.1006. Design and construction standards.
* * * * * (b) Acceptable design. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall be designed to provide an adequate quality of water to the public. The design shall ensure that the system will, upon completion, be capable of providing water that complies with the primary and secondary MCLs, MRDLs and treatment techniques established in § 109.1002 (relating to MCLs, MRDLs or treatment techniques). The Department may approve control techniques, such as nonremoval processes, which abate the problems associated with a secondary contaminant, and achieve the objective of the secondary MCL.
* * * * * § 109.1009. System operational requirements.
* * * * * (c) Disinfectant residual requirements. A disinfectant residual acceptable to the Department shall be maintained at the entry point of the bottled water or vended water system, retail water facility or bulk water hauling system sufficient to assure compliance with the microbiological MCL specified in § 109.1002 (relating to MCLs, MRDLs or treatment techniques). The Department will determine the acceptable residual of the disinfectant considering [such] factors such as type and form of disinfectant, temperature and pH of the water, and other characteristics of the water system.
* * * * * Subchapter K. LEAD AND COPPER § 109.1105. Permit requirements.
* * * * * (b) Construction permits and permit amendments. The water supplier shall submit an application for a public water system construction permit for a newly-created system or an amended construction permit for a currently-permitted system for corrosion control treatment facilities by the applicable deadline established in § 109.1102(b)(2) (relating to action levels and treatment technique requirements), unless the system complies with paragraph (1) or (2) or otherwise qualifies for a minor permit amendment under § 109.503(b) (relating to public water system construction permits). The permit application shall comply with § 109.503 and contain the applicable information specified therein. The application shall include recommended water quality parameter performance requirements for optimal corrosion control treatment as specified in § 109.1102(b)(5) and other data, information or documentation necessary to enable the Department to consider the application for a permit for construction of the facilities.
(1) Community water system minor permit amendments. The community water supplier may submit a written request for an amended construction permit to the Department if the system satisfies the conditions under subparagraphs (i)--(iv). A request for an amended construction permit under this paragraph shall describe the proposed change in sufficient detail to allow the Department to adequately evaluate the proposal.
* * * * * (iii) Except for corrosion control treatment, the sources require treatment no greater than disinfection to provide water of a quality that meets the MCLs and treatment technique requirements established under Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).
* * * * * (2) Nontransient noncommunity water system permits. The nontransient noncommunity water supplier is not required to obtain a construction permit or permit amendment under subsection (b) if the system satisfies the following specifications and conditions:
* * * * * (iii) Except for corrosion control treatment, the sources require treatment no greater than disinfection to provide water of a quality that meets the MCLs and treatment technique requirements established under Subchapter B.
* * * * * [Pa.B. Doc. No. 00-1503. Filed for public inspection September 1, 2000, 9:00 a.m.]
