RULES AND REGULATIONS
Title 25--ENVIRONMENTAL PROTECTION
ENVIRONMENTAL QUALITY BOARD
[25 PA. CODE CH. 109]
Safe Drinking Water
[32 Pa.B. 3894] The Environmental Quality Board (Board) by this order amends Chapter 109 (relating to safe drinking water). The amendments will establish new requirements for community water systems to prepare and provide to their customers an annual consumer confidence report (CCR), major revisions to the public notification (PN) requirements, minor revisions to the regulation of lead and copper (LCRMR) to improve implementation and minor revisions to Chapter 109 to retain primary enforcement authority (primacy) and to clarify existing requirements.
This order was adopted by the Board at its meeting of May 22, 2002.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as a final-form rulemaking.
B. Contact Persons
For further information, contact Jeffrey A. Gordon, 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 final-form rulemaking is available electronically through the Department of Environmental Protection's (Department) website (http://www.dep.state.pa.us).
C. Statutory Authority
These amendments are 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 purpose of the final-form rulemaking is to amend the Department's Safe Drinking Water regulations to incorporate new primacy requirements contained in three recent Federal rulemakings. The United States Environmental Protection Agency (EPA) promulgated the following National Primary Drinking Water Regulations: CCR Final Rule as published in the August 19, 1998, Federal Register; PN Final Rule as published in the May 4, 2000, Federal Register; and the LCRMR as published in the January 12, 2000, Federal Register (40 CFR Parts 9, 141, and 142 (relating to OMB approvals under the Paperwork Reduction Act; National primary drinking water regulations; and National secondary drinking water regulations). The amendments will address these new and revised provisions to satisfy primacy requirements.
1. New CCR requirements.
The amendments include new requirements for community water systems to prepare and provide to their customers an annual CCR on the quality of the water delivered by the public water system. These amendments will incorporate the provisions of the Federal CCR Rule that were mandated by the 1996 Amendments to the Federal Safe Drinking Water Act (SDWA). The CCR is the cornerstone of the public right-to-know provisions in the Federal SDWA.
The CCR will provide valuable information to customers of community water systems and allow them to make personal, health-based decisions regarding their drinking water consumption. The information in the report is information that the community water system already collects. Reports shall contain information on the sources of water provided, levels of detected contaminants, violations of State regulations and health information concerning drinking water and potential risks from detected contaminants. The information contained in a CCR can raise consumers' awareness of where their water comes from, help them understand the process by which safe drinking water is delivered to their homes and educate them about the importance of preventative measures, such as source water protection, that ensure a safe drinking water supply. Water suppliers can use the CCR to promote dialogue with their consumers and to encourage consumers to become more involved in decisions which may affect their health.
2. Major revisions to PN requirements.
The amendments include major revisions to the PN requirements and will incorporate the provisions of the Federal PN Rule. Public water suppliers use public notification to alert consumers to potential health risks from violations of drinking water standards and to tell them how to avoid or minimize the risks. The EPA revised its PN requirements in April 2000 as required by the 1996 Amendments to the Federal SDWA because it was determined that the complexity of the rule hindered successful implementation. The EPA was required to amend the existing PN provisions to better target notices for serious violations posing a short-term exposure risk to health and to make the existing notification process less burdensome and more effective.
The revisions to PN modify the minimum requirements public water suppliers must meet regarding the form, manner, frequency and content of public notices. The new requirements make it easier for water suppliers to provide consumers with more accurate and timely information on violations and the seriousness of any potential adverse health effects. The revisions require faster notice in emergencies and fewer notices overall. In addition, public notification of drinking water violations provides a means to protect public health, builds trust with consumers through open and honest sharing of information and establishes an ongoing, positive relationship with the community.
3. Minor revisions to the regulation of lead and copper (LCRMR).
The amendments reflect minor revisions to the regulation of lead and copper. The lead and copper regulations apply to community and nontransient noncommunity water systems. The EPA made several minor revisions to the National Primary Drinking Water Regulations for lead and copper. The changes do not affect the lead or copper maximum contaminant level goals, the action levels or the basic regulatory requirements. The intended effect of this action is to streamline and reduce regulatory burden where changes can be made without jeopardizing the level of public health protection or protection of the environment. Other minor changes clarify requirements and improve the rule's implementation. Finally, the amendments address two issues that were the subject of an EPA judicial remand.
4. Amendments to correct minor deficiencies and clarify existing requirements.
The amendments will correct minor deficiencies in Chapter 109 to satisfy outstanding issues with the EPA and obtain primacy approval for the LCR and an earlier rulemaking known as the Phase II/V Rule. The amendments also clarify existing requirements.
The Board has incorporated the provisions of the Federal CCR, PN and LCRMR and the Federal corrective amendments into the Pennsylvania Safe Drinking Water Regulations (25 Pa. Code Chapter 109) in order to obtain primary enforcement authority, under the Federal SDWA.
The proposed rulemaking was approved by the Board on July 17, 2001. The proposed rulemaking was published at 31 Pa.B. 5083 (September 8, 2001). The 60-day public comment period concluded on November 7, 2001. There were 794 commentators to the proposal. An additional 1,142 electronic form letters were received from two organizations. One public meeting/hearing was held in Wyomissing, PA on October 9, 2001.
The Small Water Systems Technical Assistance Center Advisory Board (TAC) and the Water Resources Advisory Committee (WRAC) were each briefed on the comments received during the public comment period. The TAC reviewed and discussed the final-form rulemaking during two meetings held on January 8 and February 8, 2002. The TAC approved the final-form rulemaking for recommendation to the Board. The WRAC reviewed and discussed the final-form rulemaking on January 9, 2002. The WRAC approved the final-form rulemaking for recommendation to the Board.
The Federal Safe Drinking Water Act (42 U.S.C.A. § 300g-2(a)) requires that primacy states, such as the Commonwealth, adopt the EPA regulations no later than 2 years after EPA promulgation. The EPA may approve an extension of up to 2 years for states that: (1) lack legislative or regulatory authority to enforce the new regulations, or (2) lack program capability to implement the new regulations, or (3) are adopting two or more EPA regulations at the same time.
On August 9, 2000, the Department submitted a primacy extension request to the EPA. The EPA granted an extension on April 16, 2001, for the Department to submit a complete and final primacy revision application for the CCR, PN and LCRMR by August 21, 2002. Failure to adopt the amendments by this extension date may result in this Commonwealth losing its primary enforcement responsibility.
E. Summary of Comments and Responses on the Proposed Rulemaking and Changes to the Proposed Rulemaking
§ 109.1. Definitions.
A commentator asserted that the definition of ''CCR'' is substantive because the word ''shall'' is used. Accordingly, the word ''shall'' was deleted.
§ 109.301. General monitoring requirements.
A commentator asserted that § 109.301(7)(ii)(C)(V) contained vague requirements to '' . . . meet other Tier 1 public notification requirements.'' This requirement was redundant and was therefore deleted.
§ 109.407. General public notification.
A commentator asked what ''other violations and situations'' will the Department determine require a public notice under § 109.407(a)(9). The Department identifies other violations or situations requiring a public notice under § 109.408(a)(7). Section 109.407(a)(9) was redundant and was therefore deleted.
A commentator requested clarification regarding the phrase ''unless other tier assignments are established by regulations or order of the Department'' found in § 109.407(b). The commentator asserted that the language regarding ''regulations'' is not needed because the only way to change a regulation is by promulgating a new regulation. Secondly, the commentator questioned whether it was the Department's intent to issue orders on a case-by-case basis and under what circumstances an order would be issued. The language regarding ''regulations'' is consistent with existing language found in § 109.202(a)(2) and is therefore being retained. In addition to establishing an alternative tier assignment through regulations, the Department has the authority to establish an alternative tier assignment for any violation on a case-by-case basis. Some circumstances where a violation may be upgraded to a higher tier include:
* When the violation is persistent; or
* When the level of contamination is extraordinarily high. Consumers can suffer acute health effects from almost any contaminant if they are exposed to extraordinarily high levels.
The alternative tier assignment would be established during the consultation process. If need be, the Department can order the system to comply with the alternative requirements by issuing a Field Order.
§ 109.408. Tier 1 public notice--form, manner and frequency of notice.
A commentator asked what the circumstances would be for the Department to require Tier 1 public notice for the waterborne emergencies listed in § 109.408(a)(7)(i)--(iii). The commentator asserted that public notice should only be necessary when the waterborne emergency causes the finished water to become contaminated. Paragraph (7) has been amended to clarify that public notice is required when a waterborne emergency adversely affects the quality or quantity of the finished water.
The EPA recommended that the term ''reasonably designed'' rather than simply ''designed'' should be used to be consistent with the intent of the Federal rule. The final-form rulemaking has been amended accordingly in all relevant sections.
Commentators endorsed the inclusion of a consultation process with the Department under § 109.408(b)(3)--(4) rather than using a list of more prescriptive State requirements. However, for the consultation process to be more workable, the commentators requested a formalized dispute resolution process to assure that both parties agree to additional notification requirements that are established as a result of the consultation with the Department. The Department does not believe that a formalized dispute resolution process is needed or even appropriate. The Department intends to use the consultation process to require additional notice in situations where: (1) there were deficiencies in the initial notice; (2) there was inadequate delivery of the initial notice; (3) special populations need to be informed; (4) repeat notices are required for ongoing violations; and (5) the system returned to compliance. The Department contends that the additional notice requirements may be necessary to ensure that minimum requirements are met and that public notification is effective.
A commentator requested that § 109.408(b)(4) be amended to specify a repeat notice frequency of every 30 days. This final-form rulemaking has been amended to require a 30-day repeat notice frequency for on-going Tier 1 violations and situations.
Commentators endorsed the reduction in time allowed for the delivery of Tier 1 notices under § 109.408(b). However, the commentators were concerned that the requirements in § 109.408(c) reduce the number of activities needed to notify the public. The requirements in § 109.408(c) are consistent with the Federal regulation. To ensure that public notice is effective, the EPA provided water suppliers with the flexibility to choose from a specified list the delivery methods that are appropriate for the system type and size and that fit the specific situation. Suppliers are required to use, at a minimum, one or more of the specified methods.
§ 109.409. Tier 2 public notice--form, manner and frequency of notice.
Commentators requested that the timing requirements for a Tier 2 notice under § 109.409(b)(2) be changed from ''no later than 30 days'' to ''no later than 24 hours''. The Department has decided to retain the 30-day time frame because the existing language is consistent with the Federal regulations. Congress mandated that the Federal regulations must provide for different frequencies of notices based on the persistence of the violations and the seriousness of any potential adverse health effects that may be involved. The EPA indicated that the need to know of Tier 2 violations is not immediate. Further, the 30-day time frame distinguishes Tier 2 notification from the more immediate notice required for Tier 1-type violations or situations. The Department also contends that the rule requires notice as soon as possible, but in no case longer than 30 days after the supplier learns of the violation and that the Department may elevate any Tier 2 violation to Tier 1, if appropriate.
Commentators requested that the Department require all utilities to notify the media within 24 hours whenever their water violates a State drinking water standard. The Department declined to make this amendment because the existing delivery requirements for Tier 2 notice are consistent with the Federal regulations. Methods of delivery are directly related to the timing requirements for each tier type. Not all cases would require notification by the media to meet the timing requirements. Water suppliers are required to provide Tier 2 notice as soon as possible, but no later than 30 days after the system learns of the violation. Because suppliers have up to 30 days to provide notice, community water systems are required to provide notice by mail or other direct delivery to each customer and any other method reasonably designed to reach other persons regularly served by the system. Noncommunity water systems are required to provide notice by posting the notice in conspicuous locations throughout the distribution system, or by mail or direct delivery to each customer and any other method reasonably designed to reach other persons served by the system.
§ 109.411. Content of a public notice.
A commentator requested that § 109.411(c)(1)(ii) be amended to specify a minimum font size because the existing language was arbitrary for compliance determinations. The final-form rulemaking has been amended to require a minimum font size of 10 points.
In the Preamble to the proposed rulemaking, the Department requested comments regarding the multilingual requirements found in § 109.411(c)(2). Some commentators felt that the population threshold for providing multilingual information should be 5%, while other commentators felt the threshold should be 2,500 people. Some commentators supported the existing language which affords the water supplier the choice to: (1) provide information in the appropriate languages regarding the importance of the notice; or (2) provide a telephone number or address where persons served may contact the water system to obtain a translated copy of the notice or to request assistance in the appropriate language. Other commentators felt that suppliers should be required to translate all notices. Finally, some commentators questioned how the Department would determine the number of non-English speaking consumers for any given water system. The Department has decided to:
* Maintain consistency with the Federal provision and afford the water supplier the choice to provide information in the appropriate language (that is, a warning statement), or provide a translated copy of the notice or assistance in the appropriate language.
* Follow California's lead and require all public notices to contain information in Spanish regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the notice or to request assistance.
* Define a large proportion of the population as a group that exceeds 10% of the consumers for systems serving at least 1,000 people or 100 consumers for systems serving less than 1,000 people, and that speaks the same language other than English.
* Make the final determination of which systems need to include this information using data from the United States Census Bureau.
The multilingual requirements are identical for public notice and consumer confidence reports, and are located in § 109.411(c)(2) and § 109.416(3)(ii)--(iii), respectively.
The EPA asserted that the standard health effects language specified for fluoride under § 109.411(d)(1) is not appropriate for the Commonwealth's primary MCL of 2 mg/L. The EPA requested that the Department use the health effects language provided in the special notice required for an exceedance of the EPA's secondary standard for fluoride of 2 mg/L. Section 109.411(d)(1) has been amended accordingly.
§ 109.416. Consumer confidence report requirements.
Section 109.416(3) was amended to address an oversight by the Department. The section was amended to clarify that the Federal standard health effects language for fluoride is not incorporated by reference. Systems should use the health effects language specified in § 109.411(d)(1).
Section 109.416(3)(ii) was amended to be consistent with the multilingual requirements for public notification found in § 109.411(c)(2).
Section 109.416(3)(v) was amended to be consistent with the minimum font size requirements for public notification found in § 109.411(c)(1)(ii).
§ 109.1003. Monitoring requirements.
Sections 109.1003(b)(4) and (5) were amended to address an oversight by the Department. The references to special monitoring requirements for unregulated contaminants were deleted.
§ 109.1004. Public notification.
The EPA requested that this section be amended to clarify that bulk water haulers must comply with the CCR requirements. This clarification was added as subsection (d).
§ 109.1102. Action levels and treatment technique requirements.
Sections 109.1102(b)(2)(i) and (ii) were amended to address an oversight by the Department. In subparagraph (i), the phrase ''An existing'' was retained to clarify the requirements for an existing large water system. Language was added to subparagraph (ii) to clarify the requirements for a large system triggered into corrosion control.
§ 109.1103. Monitoring requirements.
Sections 109.1103(e)(1)(v)(A) and (B)(I)(-a-) were amended to address an oversight by the Department. The phrase ''on more than any 9 days in a 6-month period'' was added to clarify how the Department determines compliance with the water quality parameters.
Section 109.1103(e)(2)(ii) was amended to address an oversight by the Department. The word ''annual'' was deleted from the title of this section to clarify that this section contains information about all forms of reduced water quality parameter monitoring, not just annual monitoring.
§ 109.1107. System management responsibilities.
The EPA requested that this section be amended to satisfy primacy requirements. As a result of these amendments, all lead and copper tap water quality parameter, and source water monitoring results shall be submitted to the Department. This is consistent with the Federal regulation.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the final-form rulemaking.
Benefits
1. New CCR requirements.
The amendments will affect all 2,201 community water systems that serve a total population of over 10.5 million in this Commonwealth. The CCR Rule, in concert with the PN Rule, will help to ensure that consumers are provided with information they need to make informed public health decisions concerning the water they are served.
2. Major revisions to the PN requirements.
The amendments will affect all 10,473 public water systems that serve a total population of over 12.9 million of this Commonwealth. The benefits resulting from the PN Rule are expected to improve the current level of public health protection as a result of the simplifications.
3. Minor revisions to the regulation of lead and copper (LCRMR).
The amendments will affect all 3,468 community and nontransient noncommunity water systems that serve a total population of over 11 million of this Commonwealth. The benefits resulting from the LCRMR Rule are not expected to change, and the EPA indicated that public health protection should also remain unchanged.
Compliance Costs
1. New CCR requirements.
The EPA has estimated that, Nationwide, a total annual cost of almost $23 million will be borne by the regulated ($20.3 million) and regulating communities ($2.8 million) as a result of the CCR Rule. It is estimated that water systems of this Commonwealth will bear over $950,000 of the total annual cost. The $950,000 estimate includes costs for preparing, printing and mailing the CCR. It is estimated the Department will bear over $50,000 of the total annual cost.
2. Major revisions to the PN requirements.
The EPA has estimated that, Nationwide, the total annual cost to the regulated and regulating communities for the current PN Rule is $27 million. The EPA has estimated that, Nationwide, a total annual cost to the regulated and regulating communities for the new PN Rule is $17.9 million. This results in a net annual cost reduction of over $9 million (a 33.7% reduction) for both the regulated and regulating communities. The total annual costs for the new PN Rule are as follows:
* The EPA has estimated that, Nationwide, the total annual cost to the regulated community is almost $16.4 million. It is estimated that water systems of this Commonwealth will bear almost $930,000 of the total annual cost. Assuming an annual cost reduction of 33.7% as previously referenced, this equates to a total cost savings of over $310,000.
* The EPA has estimated that, Nationwide, the total annual cost to the regulating communities is over $1.5 million. It is estimated that the Department will bear almost $27,000 of the total annual cost. Assuming an annual cost reduction of 33.7% as previously referenced, this equates to a total cost savings of over $9,000.
3. Minor revisions to the regulation of lead and copper (LCRMR).
For the LCRMR Rule, the EPA estimated that, Nationwide, public water systems will realize a total cost reduction of over $2.8 million, while the regulating communities will realize a total cost increase of almost $2.2 million. It is estimated that water systems of this Commonwealth will realize a total cost reduction of almost $128,000 while the Department will bear over $39,000 of the total annual cost.
Estimated Net Annual Cost of CCR, PN and LCRMR Rules Rule Cost to
Pennsylvania
Water SystemsCost to DEP CCR $ 950,000 $ 50,000 PN -310,000 -9,000 LCRMR -128,000 39,000 Totals 512,000 80,000 Compliance Assistance Plan
The final-form rulemaking address monitoring and reporting requirements. As a result, financial assistance should not be necessary.
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 program staff and the regulated community. In addition, information or links to the EPA information on each of the regulations is available through the Department's Internet website at www.dep.state.pa.us.
Paperwork Requirements
The final-form rulemaking address monitoring and reporting requirements. As a result, some changes to forms, reports and other paperwork are expected.
The CCR Rule requires community water systems to prepare and deliver a CCR. Several organizations have developed templates for systems to use when developing their CCRs (such as EPA, American Water Works Association (AWWA), Pennsylvania Rural Water Association (PRWA)). The Rule also requires water suppliers to submit a certification that all provisions have been met. The EPA has also provided a template for this certification form.
Revisions to the PN Rule should result in fewer notices overall. The EPA has provided templates for systems to use when developing public notices.
The LCRMR should result in a reduction in reporting requirements.
G. Sunset Review
This final-form rulemaking 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)), on August 28, 2001, the Department submitted a copy of the notice of proposed rulemaking, published at 31 Pa.B. 5083 to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing these final-form regulations, the Department has considered all comments from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on July 1, 2002, these final-form regulations were deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on July 11, 2002, and approved the final-form regulations.
I. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa.Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These final-form regulations do not enlarge the purpose of the proposal published at 31 Pa.B. 5083.
(4) These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.
J. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa.Code Chapter 109, are amended by amending §§ 109.1. 109.202, 109.301, 109.302, 109.503, 109.701, 109.702, 109.707, 109.805, 109.806, 109.810, 109.1003, 109.1102, 109.1103, 109.1104 and 109.1107; by adding §§ 109.407--109.416; and by deleting §§ 109.401--109.406 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the House and Senate Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
DAVID E. HESS,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, see 32 Pa.B. 3675 (July 27, 2002).)
Fiscal Note: Fiscal Note 7-368 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF 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:
* * * * * CCR--Consumer Confidence Report--An annual water quality report that community water systems deliver to their customers, as described in § 109.416 (relating to CCR requirements).
* * * * *
Subchapter B. MCLS, MRDLS OR TREATMENT TECHNIQUE REQUIREMENTS § 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 shall 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. 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).
(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--form, manner and frequency 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) A community public water system shall provide continuous disinfection 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. 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.
Subchapter C. MONITORING REQUIREMENTS § 109.301. General monitoring requirements.
The monitoring requirements 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:
(1) Performance monitoring for filtration and disinfection. A public water supplier providing filtration and disinfection of surface water or GUDI sources shall conduct the performance monitoring requirements established by the EPA under the National Primary Drinking Water Regulations, unless increased monitoring is required by the Department under § 109.302.
(i) Except as provided under subparagraphs (ii) and (iii), a public water supplier:
(A) Shall determine and record the turbidity level of representative samples of the system's filtered water at least once every 4 hours that the system is in operation, except as provided in clause (B).
(B) May substitute continuous turbidity monitoring and recording for grab sample monitoring and manual recording if it validates the continuous measurement for accuracy on a regular basis using a procedure specified by the manufacturer. For systems using slow sand filtration or filtration treatment other than conventional filtration, direct filtration or diatomaceous earth filtration, the Department may reduce sampling frequency to once per day.
(C) Shall continuously monitor and record the residual disinfectant concentration of the water being supplied to the distribution system and record both the lowest value for each day and the number of periods each day when the value is less than .2 mg/L for more than 4 hours. If a public water system's continuous monitoring or recording equipment fails, the public water supplier may, upon notification of the Department under § 109.701(a)(3) (relating to reporting and recordkeeping), substitute grab sampling or manual recording every 4 hours in lieu of continuous monitoring. Grab sampling or manual recording may not be substituted for continuous monitoring or recording for longer than 5 days after the equipment fails.
(D) Shall measure and record the residual disinfectant concentration at representative points in the distribution system no less frequently than the frequency required for total coliform sampling for compliance with the MCL for microbiological contaminants.
(ii) For a public water supplier serving 3,300 or fewer people, the Department may reduce the residual disinfectant concentration monitoring for the water being supplied to the distribution system to a minimum of 2 hours between samples at the grab sampling frequencies prescribed as follows if the historical performance and operation of the system indicate the system can meet the residual disinfectant concentration at all times:
System Size (People) Samples/Day <500 1 500--1,000 2 1,001--2,500 3 2,501--3,300 4 If the Department reduces the monitoring, the supplier shall nevertheless collect and analyze another residual disinfectant measurement as soon as possible, but no longer than 4 hours from any measurement which is less than .2 mg/L.
(iii) For a public water supplier serving fewer than 500 people, the Department may reduce the filtered water turbidity monitoring to one grab sample per day, if the historical performance and operation of the system indicate effective turbidity removal is maintained under the range of conditions expected to occur in the system's source water.
(iv) A public water supplier providing conventional filtration treatment or direct filtration and serving 10,000 or more people and using surface water or GUDI sources shall, beginning January 1, 2002, conduct continuous monitoring of turbidity for each individual filter using an approved method under the EPA regulation in 40 CFR 141.74(a) (relating to analytical and monitoring requirements) and record the results at least every 15 minutes.
(A) The water supplier shall calibrate turbidimeters using the procedure specified by the manufacturer.
(B) If there is failure in the continuous turbidity monitoring equipment, the system shall conduct grab sampling every 4 hours in lieu of continuous monitoring.
(C) A public water supplier has a maximum of 5 days following the failure of the equipment to repair or replace the equipment.
(2) Performance monitoring for unfiltered surface water and GUDI. A public water supplier using unfiltered surface water or GUDI 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:
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