Section 109.202. State MCLs, MRDLs and treatment technique requirements

(a) Primary MCLs.

(1) A public water system shall supply drinking water that complies with the primary MCLs adopted by the EQB under the act.

(2) This subchapter incorporates by reference the primary MCLs in the National Primary Drinking Water Regulations, at 40 CFR Part 141, Subparts B and G (relating to maximum contaminant levels) as State MCLs, under authority of section 4 of the act (35 P. S. § 721.4), unless other MCLs are established by regulations of the Department. The primary MCLs which are incorporated by reference are effective on the date established by the Federal regulations.

(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.

(b) Secondary MCLs.

(1) A public water system shall supply drinking water that complies with the secondary MCLs adopted by the EQB under the act, except for the MCL for pH which represents a reasonable goal for drinking water quality.

(2) This subchapter incorporates by reference the secondary MCLs established by the EPA in the National Secondary Drinking Water Regulations, 40 CFR 143.3 (relating to secondary MCLs), as of January 30, 1991, as State MCLs, under the authority of section 4 of the act, unless other MCLs are established by regulations of the Department. The secondary MCL for copper is not incorporated by reference.

(3) A secondary MCL for aluminum of 0.2 mg/L is adopted as a State MCL.

(c) Treatment technique requirements for pathogenic bacteria, viruses and protozoan cysts. A public water system shall provide adequate treatment to reliably protect users from the adverse health effects of microbiological contaminants, including pathogenic bacteria, viruses and protozoan cysts. The number and type of treatment barriers and the efficacy of treatment provided shall be commensurate with the type, degree and likelihood of contamination in the source water.

(1) A public water supplier shall provide, as a minimum, continuous filtration and disinfection for surface water and GUDI sources. The treatment technique must provide at least 99.9% removal and inactivation of Giardia lamblia cysts, and at least 99.99% removal and inactivation of enteric viruses. Beginning January 1, 2002, public water suppliers serving 10,000 or more people shall provide at least 99% removal of Cryptosporidium oocysts. Beginning January 1, 2005, public water suppliers serving fewer than 10,000 people shall provide at least 99% removal of Cryptosporidium oocysts. The Department, depending on source water quality conditions, may require additional treatment as necessary to meet the requirements of this chapter and to protect the public health.

(i) The filtration process shall meet the following performance requirements:

(A) Conventional or direct filtration.

(I) The filtered water turbidity shall be less than or equal to .5 NTU in 95% of the measurements taken each month under § 109.301(1) (relating to general monitoring requirements).

(II) The filtered water turbidity shall be less than or equal to 2.0 NTU at all times, measured under § 109.301(1).

(III) Beginning January 1, 2002, for public water systems serving 10,000 or more persons, the filtered water turbidity shall meet the following criteria:

(-a-) Be less than or equal to 0.3 NTU in at least 95% of the measurements taken each month under § 109.301(1).

(-b-) Be less than or equal to 1 NTU at all times, measured under § 109.301(1).

(IV) Beginning January 1, 2005, for public water systems serving fewer than 10,000 persons, the filtered water turbidity shall meet the following criteria:

(-a-) Be less than or equal to 0.3 NTU in at least 95% of the measurements taken each month under § 109.301(1).

(-b-) Be less than or equal to 1 NTU at all times, measured under § 109.301(1).

(B) Slow sand or diatomaceous earth filtration.

(I) The filtered water turbidity shall be less than or equal to 1.0 NTU in 95% of the measurements taken each month under § 109.301(1).

(II) The filtered water turbidity shall be less than or equal to 2.0 NTU at all times, measured under § 109.301(1).

(C) Other filtration technologies. The same performance criteria as those given for conventional filtration and direct filtration in clause (A) shall be achieved unless the Department specifies more stringent performance criteria based upon onsite studies, including pilot plant studies, where appropriate.

(ii) The combined total effect of disinfection processes utilized in a filtration plant shall achieve at least a 90% inactivation of Giardia cysts and a 99.9% inactivation of viruses, as determined by CTs and measurement methods established by the EPA. The residual disinfectant concentration in the water delivered to the distribution system prior to the first customer may not be less than .2 mg/L for more than 4 hours, as demonstrated by measurement taken under § 109.301(1). Failure to maintain this level that extends beyond 4 hours constitutes a breakdown in treatment. A system that experiences a breakdown in treatment shall, under § 109.701(a)(3) (relating to reporting and recordkeeping), notify the Department within 1 hour after the water system learns of the violation or the situation, and shall provide public notice in accordance with § 109.408 (relating to Tier 1 public notice categories, timing and delivery of notice).

(iii) For an unfiltered surface water source permitted for use prior to March 25, 1989, the public water supplier shall:

(A) Maintain a minimum residual disinfectant concentration in the water delivered to the distribution system prior to the first customer of 2.5 mg/L expressed as free chlorine or its equivalent as approved by the Department. The residual disinfectant concentration shall be demonstrated by measurements taken under § 109.301(2).

(I) For a system using disinfectants other than free chlorine, the water supplier shall maintain:

(-a-) A minimum concentration that provides, in terms of CTs achieved, a level of protection equivalent to that provided by 2.5 mg/L free chlorine, as determined by the available contact time between the point of application and the first customer, under peak flow conditions.

(-b-) At least .2 mg/L of disinfectant in the water delivered to the distribution system prior to the first customer.

(II) For a system with extended contact times, generally 60 minutes or more, between the point of application and the first customer, the Department may allow the water supplier to maintain a disinfectant residual concentration less than 2.5 mg/L free chlorine or its equivalent if the CTs established by the EPA are achieved.

(B) Provide continuous filtration and disinfection in accordance with this paragraph according to the following schedule:

(I) By December 31, 1991, for a public water system that, prior to March 25, 1989, had a waterborne disease outbreak or Giardia contamination in its surface water source.

(II) Within 48 months after the discovery of one of the following conditions, or by December 31, 1995, whichever is earlier, for a public water system that experiences the condition after March 25, 1989:

(-a-) A waterborne disease outbreak.

(-b-) Giardia contamination in its surface water source.

(-c-) A violation of the microbiological MCL, the turbidity MCL or the monitoring or reporting requirements for the microbiological MCL.

(-d-) A violation of the source microbiological or turbidity monitoring requirements under § 109.301(2)(i)(A) and (B) or the related reporting requirements.

(-e-) The source water fecal coliform concentration exceeds 20/100 ml or the total coliform concentration exceeds 100/100 ml in a source water sample collected under § 109.301(2).

(-f-) The source water turbidity level exceeds 5.0 NTU in a sample collected under § 109.301(2).

(-g-) The system fails to maintain a continuous residual disinfectant concentration as required under this subparagraph.

(III) By December 31, 1995, for other public water systems not covered by subclause (I) or (II).

(iv) For an unfiltered surface water source which is subject to subparagraph (iii)(B)(II) and (III), the public water supplier shall:

(A) Submit to the Department for approval a feasibility study which specifies the means by which the supplier shall, by the applicable deadline established in subparagraph (iii)(B), meet the requirements of this paragraph. The study shall identify the alternative which best assures the long-term viability of the public water system to meet drinking water standards. The study shall propose a schedule for completion of work, including the design, financing, construction and operation of one of the following alternatives:

(I) Permanent filtration treatment facilities that meet the requirements of this chapter.

(II) Abandonment of the unfiltered surface water source and one of the following:

(-a-) Permanent interconnection with another water supply which meets the requirements of this chapter.

(-b-) Permanent water treatment facilities, utilizing groundwater as the source of supply, which meet the requirements of this chapter.

(-c-) Provision for adequate supply from existing sources which meets the requirements of this chapter.

(B) Submit the feasibility study according to the following schedule:

(I) By March 31, 1992, for a supplier which prior to August 31, 1991, experienced a triggering event as specified in subparagraph (iii)(B)(II).

(II) By June 30, 1992, for a supplier which after August 31, 1991, but before January 1, 1992, experienced a triggering event as specified in subparagraph (iii)(B)(II).

(III) By August 31, 1992, for other suppliers.

(C) Submit a full and complete permit application for the means identified in the approved feasibility study by which the supplier shall meet the requirements of this paragraph, according to the following schedule:

(I) By the date set in the approved feasibility study for a supplier which, prior to January 1, 1992, experienced a triggering event as specified in subparagraph (iii)(B)(II).

(II) By June 30, 1993, for a supplier subject to the requirements of subparagraph (iii)(B)(III), except that a public water supplier serving fewer than 3,300 people may submit its permit application by December 31, 1993.

(D) Initiate construction of the means identified in the approved feasibility study by which the supplier shall meet the requirements of this paragraph, according to the following schedule:

(I) By the date set in the approved feasibility study for a supplier which, prior to January 1, 1992, experienced a triggering event as specified in subparagraph (iii)(B)(II).

(II) By June 30, 1994, for a supplier subject to the requirements of subparagraph (iii)(B)(III), except that a public water supplier serving fewer than 3,300 people may initiate construction by December 31, 1994.

(E) Complete construction and commence operation of the alternative identified in the approved feasibility study by the dates specified in subparagraph (iii)(B).

(v) The requirements of subparagraph (iv) do not modify, repeal, suspend, supersede or otherwise change the terms of a compliance schedule or deadline, established by an existing compliance order, consent order and agreement, consent adjudication, court order or consent decree. For purposes of this paragraph, the term ’’existing’’ means a compliance order, consent order and agreement, consent adjudication, court order or consent decree which was issued or dated before December 14, 1991.

(vi) For a source including springs, infiltration galleries, cribs or wells permitted for use by the Department prior to May 16, 1992, and determined by the Department to be a GUDI source, the public water supplier shall:

(A) Maintain a minimum residual disinfectant concentration in the water delivered to the distribution system prior to the first customer in accordance with subsection (c)(1)(iii)(A).

(B) Provide continuous filtration and disinfection in accordance with this paragraph within 48 months after the Department determines the source of supply is a GUDI source.

(C) Submit to the Department for approval a feasibility study within 1 year after the Department determines the source of supply is a GUDI source. The feasibility study shall specify the means by which the supplier shall, within the deadline established in clause (B), meet the requirements of this paragraph and shall otherwise comply with paragraph (1)(iv)(A).

(2) In addition to meeting the requirements of paragraph (1), a public water supplier using surface water or GUDI sources shall also comply with the requirements of, and on the schedules in, Subchapter L (relating to long-term 2 enhanced surface water treatment rule).

(3) A community public water system shall provide continuous disinfection and comply with Subchapter M (relating to additional requirements for groundwater sources) for groundwater sources.

(d) Fluoride. A public water system shall comply with the primary MCL for fluoride of 2 mg/L, except that a noncommunity water system implementing a fluoridation program approved by the Department of Health and using fluoridation facilities approved by the Department under § 109.505 (relating to requirements for noncommunity water systems) may exceed the MCL for fluoride but may not exceed the fluoride level approved by the Department of Health. The secondary MCL for fluoride of 2 mg/L established by the EPA under 40 CFR 143.3 (relating to secondary MCLs) is not incorporated into this chapter.

(e) Treatment technique requirements for acrylamide and epichlorohydrin. Systems which use acrylamide or epichlorohydrin in the water treatment process shall certify in accordance with § 109.701(d)(7) that the following specified levels have not been exceeded:

(1) Acrylamide = 0.05% dosed at 1 ppm (or equivalent).

(2) Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent).

(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. Comminity water systems and nontransient noncommunity water systems that use either surface water or GUDI sources and that use 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.

(h) Recycling of waste stream.

(1) Except as provided in paragraph (2), a public water system that uses surface water source or GUDI and provides conventional filtration or direct filtration treatment and recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall return these recycled flows through the processes of the system’s existing conventional or direct filtration system as defined in § 109.1 (relating to definitions) or at an alternate location approved by the Department by June 8, 2004.

(2) If capital improvements are required to modify the recycle location to meet the requirement of paragraph (1), the capital improvements shall be completed by June 8, 2006.

(3) Capital improvement means a nonrecurring, significant modification for nonroutine, long-term physical improvements to any part of a public water system, including, but not limited to, construction activities, renovation activities, demolition activities, source development, treatment process modifications, storage modifications, distribution system modifications, waste-processing modifications and all associated design costs.

The provisions of this § 109.202 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended March 24, 1989, effective March 25, 1989, 19 Pa.B. 1289; amended June 16, 1989, effective June 17, 1989, 19 Pa.B. 2543; amended December 13, 1991, effective December 14, 1991, 21 Pa.B. 5718; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895 and 3938; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended April 2, 2004, effective April 3, 2004, 34 Pa.B. 1758; amended June 18, 2004, effective June 19, 2004, 34 Pa.B. 3130; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279. Immediately preceding text appears at serial pages (344193) to (344194), (304259), (290479) to (290480), (304983) to (304984) and (344195) to (344196).

Notation

Cross References

This section cited in 25 Pa. Code § 78.62 (relating to disposal of residual waste—pits); 25 Pa. Code § 109.5 (relating to organization of chapter); 25 Pa. Code § 109.203 (relating to unregulated contaminants); 25 Pa. Code § 109.301 (relating to general monitoring requirements); 25 Pa. Code § 109.408 (relating to tier 1 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.409 (relating to tier 2 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.506 (relating to emergency permits); 25 Pa. Code § 109.605 (relating to minimum treatment design standards); 25 Pa. Code § 109.611 (relating to disinfection); 25 Pa. Code § 109.701 (relating to reporting and recordkeeping); 25 Pa. Code § 109.710 (relating to disinfectant residual in the distribution system); 25 Pa. Code § 109.810 (relating to reporting and notification requirements); 25 Pa. Code § 109.901 (relating to requirements for a variance); 25 Pa. Code § 109.903 (relating to requirements for an exemption); and 25 Pa. Code § 109.1002 (relating to MCLs, MRDLs or treatment techniques); and 25 Pa. Code § 109.1302 (relating to treatment technique requirements).