PROPOSED RULEMAKING
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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