[32 Pa.B. 3894]
[Continued from previous Web Page]
Subchapter H. LABORATORY CERTIFICATION § 109.805. Certification procedure.
(a) After the Department receives a completed application accompanied by the applicable fee under § 109.803 (relating to fees), the Department may schedule an onsite inspection of the laboratory.
(b) The laboratory shall successfully complete at least one set of proficiency test samples required by the Department for the parameters in the category for which certification is sought. Acceptable tolerances of analyses of proficiency test evaluation samples shall be as stated by the EPA in 40 CFR Part 141 (relating to national primary drinking water regulations) or the ''National Standards For Water Proficiency Testing, Criteria Document.'' For parameters not included in either document the acceptance limits shall be those established by the Department.
(c) The Department may grant administrative approval to a currently certified laboratory which has submitted a complete application for renewal of an existing certification, and the appropriate fee, and has successfully completed a performance sample for a previously uncertified subcategory before final certification is issued for that new subcategory. Analyses performed by a laboratory with administrative approval satisfy the requirements of this chapter. The Department may revoke an administrative approval at any time for just cause.
(d) The laboratory shall conspicuously display an administrative approval or certification issued to the laboratory by the Department under this subchapter.
(e) In addition to terms and conditions in the certification issued to a laboratory, the certified laboratory shall fulfill the following requirements to maintain certification:
(1) The laboratory shall notify the Department within 30 days of major changes in personnel, personnel assignments, equipment and facilities which affect accredited procedures. The Department may require additional information or proof of continued capability to perform the certified category of analyses. For the purposes of this subsection, personnel include laboratory supervisors and trained, experienced analysts.
(2) The laboratory shall have a satisfactory onsite inspection at least once every 3 years.
(3) The laboratory shall successfully complete at least one set of proficiency test samples required by the Department at least once every 12 months.
(4) The laboratory shall submit results of test measurements or analyses performed by the laboratory under this chapter in accordance with § 109.810 (relating to reporting and notification requirements).
§ 109.806. Standards for certification.
The certification will be based upon compliance with Departmental guidelines and the minimum criteria contained in the most current edition of the Manual for the Certification of Laboratories Analyzing Drinking Water published by the EPA. The evaluation for certification will include, but is not limited to, consideration of facilities, personnel, equipment, methodology, quality assurance, performance, recordkeeping, reporting and notification.
§ 109.810. Reporting and notification requirements.
(a) A laboratory certified under this subchapter shall submit to the Department, on forms provided by the Department, the results of test measurements or analyses performed by the laboratory under this chapter. These results shall be reported within either the first 10 days following the month in which the result is determined or the first 10 days following the end of the required monitoring period as stipulated by the Department, whichever is shorter.
(b) A laboratory certified under this subchapter shall whenever an MCL, MRDL or a treatment technique performance requirement under § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements) is violated, or a sample result requires the collection of check samples under § 109.301 (relating to general monitoring requirements):
(1) Notify the public water supplier by telephone within 1 hour of the laboratory's determination. If the supplier cannot be reached within that time, notify the Department by telephone within 2 hours of the determination. If it is necessary for the laboratory to contact the Department after the Department's routine business hours, the laboratory shall contact the appropriate Department regional office's after-hours emergency response telephone number and provide information regarding the occurrence, the name of a contact person and the telephone number where that individual may be reached in the event further information is needed. If the Department's appropriate emergency number cannot be reached, the laboratory shall notify the appropriate Department regional office by telephone within 1 hour of the beginning of the next business day. Each certified laboratory shall be responsible for the following:
(i) Obtaining and then maintaining the Department's current after-hours emergency response telephone numbers for each applicable regional office.
(ii) Establishing or updating a standard operating procedure by November 8, 2002, and at least annually thereafter to provide the information needed to report the occurrences to the Department. The information regarding the public water system shall include, but is not limited to, the PWSID number of the system, the system's name, the contaminant involved in the occurrence, the level of the contaminant found, where the sample was collected, the dates and times that the sample was collected and analyzed, the name and identification number of the certified laboratory, the name and telephone number of a contact person at the laboratory and what steps the laboratory took to contact the public water system before calling the Department.
(2) Notify the appropriate Department district office in writing within 24 hours of the determination. For the purpose of determining compliance with this requirement, the postmark, if the notice is mailed, or the date the notice is received by the Department, whichever is earlier, will be used. Upon approval by the Department, the notice may be made electronically to the Department as long as the information is received within the 24-hour deadline.
(c) A laboratory certified under this subchapter shall notify the Department within 48 hours of termination of the laboratory certification from the EPA or another agency with primary enforcement responsibility.
(d) A laboratory shall notify the public water supplier served by the laboratory within 48 hours of the following:
(1) A failure to renew or Department denial of renewal of existing certification for a category of certification.
(2) Revocation of certification by the Department under this subchapter.
Subchapter J. BOTTLED WATER AND VENDED WATER SYSTEMS, RETAIL WATER FACILITIES AND BULK WATER HAULING SYSTEMS § 109.1003. Monitoring requirements.
(a) General monitoring requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall monitor for compliance with the MCLs and MRDLs in accordance with § 109.301 (relating to general monitoring requirements) and shall comply with § 109.302 (relating to special monitoring requirements). The monitoring requirements shall be applied as follows, except that systems which have installed treatment to comply with a primary MCL shall conduct quarterly operational monitoring for the contaminant which the facility is designed to remove:
(1) Bottled water systems, retail water facilities and bulk water hauling systems, for each entry point shall:
(i) Monitor for microbiological contaminants weekly.
(ii) Monitor for turbidity every 4 hours or continuously each day a surface water source is in use.
(iii) Monitor for compliance with the MCLs for VOCs in accordance with § 109.301(5) beginning during the quarter that begins January 1, 1995, except that:
(A) Systems that obtain finished water from another permitted public water system are exempt from conducting monitoring for the VOCs if the public water system supplying the finished water performs the required monitoring at least annually and a copy of the analytical reports are received by the Department.
(B) For systems in existence prior to January 1, 1995, that obtain raw water from only protected groundwater sources, initial monitoring for compliance with the MCLs for VOCs established by the EPA under 40 CFR 141.61(a) (relating to MCLs for organic contaminants) on January 30, 1991, and July 17, 1992, will be reduced to one sample for entry points or systems which meet the following conditions:
(I) The VOC monitoring required by the Department between January 1, 1988, and December 31, 1994, has been conducted and no VOCs were detected.
(II) The first quarter of VOC monitoring required by this subparagraph has been conducted during the first quarter of 1995 with no detection of a VOC.
(C) Initial monitoring of new entry points associated with new sources which are permitted in accordance with § 109.1005 (relating to permit requirements) to begin operation after December 31, 1994, shall be conducted as follows:
(I) Entry points at which a VOC is detected during new source monitoring shall be monitored quarterly beginning the first quarter the entry points begin serving the public. Quarterly monitoring shall continue until reduced monitoring is granted in accordance with clause (D)(I).
(II) Entry points at which no VOC is detected during new source monitoring shall begin initial quarterly monitoring during the first calendar quarter of the year after the entry point begins serving the public.
(D) Repeat monitoring for entry points shall be conducted as follows:
(I) For an entry point at which a VOC is detected during initial monitoring or where a VOC is detected anytime at a level in excess of its MCL, compliance monitoring shall be repeated quarterly for the VOCs for which the EPA has established MCLs under 40 CFR 141.61(a), except for vinyl chloride as provided in § 109.301(5)(i). After analyses of four consecutive quarterly samples at an entry point, including initial quarterly monitoring samples, demonstrate that the VOC levels in each quarterly sample are less than the MCLs, the required compliance monitoring is reduced to one sample per year at that entry point for all 21 VOCs, except for vinyl chloride as provided in § 109.301(5)(i).
(II) For a groundwater or surface water entry point at which VOCs are not detected during the initial and subsequent repeat monitoring, repeat monitoring shall be one sample per year from that entry point.
(iv) Conduct initial and repeat monitoring for compliance with the MCLs for SOCs--pesticides and PCBs--in accordance with § 109.301(6) for four consecutive quarters beginning during the quarter that begins January 1, 1995, except that:
(A) Systems that obtain finished water from another permitted public water system are exempt from conducting compliance monitoring for the SOCs if one of the following applies:
(I) The public water system supplying the finished water performs the required monitoring annually and a copy of the analytical results are received by the Department.
(II) The public water system supplying the water has been granted a waiver from conducting the initial or repeat compliance monitoring, or both, for one or more SOCs under § 109.301(6)(v). This exemption from conducting compliance monitoring applies only to SOCs indicated in the waiver.
(B) Systems which are granted an initial monitoring waiver in accordance with § 109.301(6)(v) are exempt from conducting compliance monitoring for the SOCs indicated in the waiver.
(C) Initial monitoring of new entry points associated with new sources which are permitted in accordance with § 109.1005 (relating to permit requirements) to begin operation after December 31, 1994, shall be conducted as follows:
(I) Entry points at which an SOC is detected during new source monitoring shall be monitored quarterly beginning the first quarter the entry points begin serving the public. Quarterly monitoring shall continue until reduced monitoring is granted in accordance with clause (D)(I).
(II) Entry points at which no SOC is detected during new source monitoring and which begin operation before April 1, 1995, shall conduct initial quarterly monitoring beginning during the quarter beginning January 1, 1995.
(III) Entry points at which no SOC is detected during new source monitoring and which begin operation after March 31, 1995, shall conduct initial quarterly monitoring beginning during the first calendar quarter of the year after the entry point begins serving the public.
(D) Repeat monitoring for entry points shall be conducted as follows:
(I) For entry points at which an SOC is detected during initial monitoring or where an SOC is detected anytime in excess of its MCL, compliance monitoring shall be repeated quarterly for the detected SOC for which the EPA has an established MCL under 40 CFR 141.61(c). After analyses of four consecutive quarterly samples at an entry point, including initial quarterly monitoring samples, demonstrate that the SOC level in each quarterly sample is less than the MCL, the required compliance monitoring is reduced for each SOC below the MCL to one sample per year at that entry point.
(II) For a groundwater or surface water entry point at which SOCs are not detected during the initial and any subsequent repeat monitoring, repeat monitoring shall be one sample per year from that entry point.
(v) Beginning in 1995, monitor for the primary IOCs, including lead and copper annually, except that:
(A) Systems are granted a waiver from asbestos monitoring unless the Department determines that the system's finished water is vulnerable to asbestos contamination by means of an asbestos cement pipe or the system's source water is vulnerable to asbestos contamination.
(B) Systems that obtain finished water from another permitted public water system are exempt from conducting compliance monitoring for the IOCs, except lead, copper and asbestos if the supplying system has not optimized corrosion control, if the public water system supplying the finished water performs the required monitoring annually and a copy of the analytical results is received by the Department.
(C) Monitoring for compliance with the MCLs for nitrate and nitrite shall be conducted quarterly following a monitoring result which is equal to or greater than 50% of the MCL. After four consecutive quarterly samples, indicate nitrate and nitrite in each sample are less than 50% of the MCLs, required monitoring is reduced to one sample per year.
(vi) Conduct operational monitoring for fluoride at least once each day, if the system fluoridates its water.
(vii) Monitor for compliance with radiological MCLs once every 4 years.
(viii) Beginning January 1, 2004, monitor annually for TTHMs and HAA5 if the system uses a chemical disinfectant or oxidant, or uses a source that has been treated with a chemical disinfectant or oxidant. Bottled water systems are not required to monitor for TTHMs and HAA5 if the system does not use a chlorine-based disinfectant or oxidant and does not use a source that has been treated with a chlorine-based disinfectant or oxidant.
(A) Routine monitoring. Systems shall take at least one sample per year per entry point during the month of warmest water temperature. 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 entry point. The system may reduce the sampling frequency back to one sample per year per entry point in accordance with the reduced monitoring criteria of clause (B).
(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 a surface water or GUDI source 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 are on increased monitoring as prescribed by clause (A) and that use either a surface water or GUDI source and that have a source water annual TOC 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 to one sample per year per entry point. The sample shall be taken during the month of warmest water temperature. 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.
(II) Systems that use groundwater sources may reduce monitoring to one sample per 3-year cycle per entry point if the annual TTHM average is no greater than 0.040 mg/L and the annual HAA5 average is no greater than 0.030 mg/L for 2-consecutive years or the annual TTHM average is no greater than 0.020 mg/L and the annual HAA5 average is no greater than 0.015 mg/L for 1 year. The sample shall be taken during the month of warmest water temperature within the 3-year cycle beginning on January 1 following the quarter in which the system qualifies for reduced monitoring. Systems that qualify for reduced monitoring may remain on reduced monitoring provided that the annual TTHM average is no greater than 0.080 mg/L and the annual HAA5 average is no greater than 0.060 mg/L. Systems that exceed these levels shall resume routine monitoring as prescribed in clause (A) in the quarter immediately following the quarter in which the system exceeds 0.080 mg/L for TTHMs or 0.060 mg/L for HAA5.
(ix) Beginning January 1, 2004, monitor daily for chlorite if the system uses chlorine dioxide for disinfection or oxidation, or uses a source that has been treated with chlorine dioxide. Systems shall take at least one daily sample at the entry point. If a daily sample exceeds the chlorite MCL, the system shall take 3 additional samples within 24 hours from the same lot, batch, machine, carrier vehicle or point of delivery. The chlorite MCL is based on the average of the required daily sample plus any additional samples.
(x) Beginning January 1, 2004, monitor monthly for bromate if the system uses ozone for disinfection or oxidation, or uses a source that has been treated with ozone.
(A) Routine monitoring. Systems shall take one sample per month for each entry point that uses ozone while the ozonation system is operating under normal conditions.
(B) Reduced monitoring. Systems may reduce monitoring for bromate from monthly to quarterly if the system demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly bromide measurements for 1 year. Systems on reduced monitoring shall continue monthly source water bromide monitoring. If the running annual average source water bromide concentration, computed quarterly, is equal to or exceeds 0.05 mg/L, the system shall revert to routine monitoring as prescribed by clause (A).
(2) Vended water systems shall monitor in accordance with paragraph (1) except that vended water systems qualifying for permit by rule under § 109.1005(b), for each entry point shall:
(i) Monitor monthly for microbiological contaminants.
(ii) Monitor annually for total dissolved solids, lead and cadmium.
(iii) Conduct special monitoring as required by the Department.
(b) Sampling requirements.
(1) For bottled water and vended water systems, retail water facilities and bulk water hauling systems, samples taken to determine compliance with MCLs, MRDLs, monitoring requirements, including special monitoring requirements for unregulated contaminants, and treatment techniques shall be taken from each entry point.
(i) For bottled water systems, each entry point means each finished bottled water product. If multiple sources are used for a product and are not blended prior to bottling, the bottled water product for each source shall be considered a different product for monitoring purposes.
(ii) For bulk water hauling systems, retail water facilities and vended water systems, each entry point shall mean a point of delivery to the consumer from each carrier vehicle, machine or dispenser representative of each source.
(2) For the purpose of determining compliance with the monitoring and analytical requirements established under this subchapter, the Department will consider only those samples analyzed by a laboratory certified by the Department, except that measurements of turbidity, fluoridation operation, residual disinfection concentration, temperature and pH may be performed by a person meeting the requirements of § 109.1008(c) (relating to systems management responsibilities).
(3) Public water suppliers shall assure that samples for laboratory analysis are properly collected and preserved, are collected in proper containers, do not exceed maximum holding times between collection and analysis and are handled in accordance with guidelines governing quality control which may be established by the Department. A public water supplier who utilizes a certified laboratory for sample collection as well as analysis satisfies the requirements of this subsection.
(4) Compliance monitoring samples for VOCs, as required under subsection (a)(1)(iii), shall be collected by a person properly trained by a laboratory certified by the Department to conduct VOC or vinyl chloride analysis.
(5) Compliance monitoring samples required under subsection (a)(1)(iii) may be composited in accordance with 40 CFR 141.24(g)(7) (relating to organic chemicals other than total trihalomethanes, sampling and analytical requirements) except:
(i) Samples from groundwater entry points may not be composited with samples from surface water entry points.
(ii) Samples from one type of bottled water product or vended water product may not be composited with samples from another type of bottled water product or vended water product.
(iii) Samples used in compositing shall be collected in duplicate.
(iv) If a VOC listed under 40 CFR 141.61(a) is detected at an entry point, samples from that entry point may not be composited for subsequent compliance or repeat monitoring requirements.
(v) Samples obtained from an entry point which contains water treated by a community water supplier or nontransient noncommunity water supplier to specifically meet an MCL for a VOC listed under 40 CFR 141.61(a) may not be composited with other entry point samples.
(c) Repeat monitoring for microbiological contaminants.
(1) If a sample collected in accordance with subsection (a)(1)(i) is found to be total coliform-positive:
(i) The bottled water system shall collect a set of three additional samples (check) from the same lot or batch of the type of product.
(ii) The vended water, retail water facility or bulk water hauling systems shall collect a set of four additional samples (check) from the same entry point (machine, point of delivery or carrier vehicle).
(2) Samples shall be collected for analysis within 24 hours of being notified of the total coliform-positive sample. 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 check samples analyzed within 30 hours of collection. A logistical problem outside the system's control may include a coliform-positive result received over a holiday or weekend in which the services of a Department certified laboratory are not available within the prescribed sample holding time.
(3) If a check sample is total coliform-positive, the system shall be deemed to have violated the MCL for total coliforms established under § 109.1002 (relating to MCLs, MRDLs or treatment techniques).
§ 109.1004. Public notification.
(a) General public notification requirements. A bottled water or retail water supplier shall give public notification in accordance with this section. A bulk water or vended water supplier shall give public notification in accordance with Subchapter D (relating to public notification requirements). For the purpose of establishing a bulk water or vended water supplier's responsibilities under Subchapter D, a bulk water supplier shall comply with the public notification requirements specified for a community water system and a vended water supplier shall comply with the public notification requirements specified for a noncommunity water system.
(1) A bottled water or retail water supplier who knows that a primary MCL or an MRDL has been exceeded or treatment technique performance standard has been violated or has reason to believe that circumstances exist which may adversely affect the quality of drinking water, including, but not limited to, source contamination, spills, accidents, natural disasters or breakdowns in treatment, shall report the circumstances to the Department within 1 hour of discovery of the problem.
(2) If the Department determines, based upon information provided by the bottled water or retail water supplier or other information available to the Department, that the circumstances present an imminent hazard to the public health, the water supplier shall issue a water supply warning approved by the Department and, if applicable, initiate a program for product recall approved by the Department under this subsection. The water supplier shall be responsible for disseminating the notice in a manner designed to inform users who may be affected by the problem.
(i) Within 4 hours of the Department's determination that an imminent hazard is present, the water supplier shall provide the notice to newspapers, radio and television media serving the affected public, or directly notify affected users in a manner approved by the Department. The water supplier shall also notify key public officials as designated in the system's emergency response plan.
(ii) If the notice provided under subparagraph (i) does not ensure that the affected public is adequately notified, the Department may require the water supplier to further disseminate the notice in an appropriate manner which may include direct mailings, publication in newspapers or other paid advertising, or postings.
(iii) A water supply warning shall be followed by further notices designed to inform the public on a continuing basis as to the expected duration of the hazard, progress towards solving the problem, and measures that should be taken by users to reduce their risk. These notices shall be given at intervals and in a manner directed by the Department as long as the threat to public health continues.
(iv) The water supply warning shall continue until the Department is satisfied that no significant threat to the public health remains and approves a notice canceling the warning. The water supplier is responsible for disseminating the cancellation of the water supply warning in a manner similar to the issuance of the warning.
(b) Description and content of notice. Notice given under this section shall be written in a manner reasonably designed to fully inform the users of the system. When appropriate or as designated by the Department, additional notice in a foreign language shall be given.
(1) The notice shall be conspicuous and may not use technical language, small print or other methods which would frustrate the purpose of the notice.
(2) The notice shall disclose material facts regarding the subject, including the nature of the problem and, when appropriate, a clear statement that an MCL or MRDL has been violated and preventive measures that should be taken by the public.
(3) Notices shall include a balanced explanation of the significance or seriousness to the public health of the subject of the notice including potential adverse health effects, the population at risk, a clear explanation of steps taken by the supplier to correct the problem, necessity for seeking alternative supplies, guidance on safeguards and alternatives available to users, and the results of additional sampling. In addition, bottled water system and retail water facility notices shall describe a program for product recall, if applicable.
(4) The notice shall include the telephone number of the owner, operator or designee of the public water system as a source of additional information concerning the notice.
(5) In all notices, when providing the information on potential adverse health effects required by subsection (b)(3), the water supplier shall include language established by the EPA for the contaminant specified in 40 CFR Part 141, Subpart Q, Appendix B (relating to mandatory health effects language) and incorporated by reference, or language established by the Department by regulations or order. The health effects language for fluoride is not incorporated by reference. A public water system shall include the health effects language specified in § 109.411(d)(1) (relating to content of a public notice) in each public notice required for violation of the primary MCL of 2 mg/L for fluoride.
(c) Notice by the Department. If a water supplier fails to give notice to the public as required by this section, the Department may perform this notification on behalf of the supplier of water and may assess costs of notification on the responsible water supplier. Issuance of public notice by the Department under the section does not divest a public water supplier of legal responsibility for issuance of public notification otherwise required by the subchapter.
(d) CCR requirements. A bulk water supplier that is determined by the Department to serve at least 25 of the same persons year-round shall prepare and deliver a CCR to each bill-paying customer in accordance with § 109.416 (relating to CCR requirements).
Subchapter K. LEAD AND COPPER § 109.1102. Action levels and treatment technique requirements.
(a) Action levels for lead and copper.
(1) The lead action level is 0.015 mg/L.
(2) The copper action level is 1.3 mg/L.
(3) An action level is exceeded when the concentration of a contaminant in more than 10% of tap water samples collected during a monitoring period conducted in accordance with § 109.1103 (relating to monitoring requirements) is greater than the action level.
(b) Treatment technique requirement for corrosion control.
(1) Optimal corrosion control treatment. A community water system or nontransient noncommunity water system shall provide optimal corrosion control treatment which minimizes the lead and copper concentrations at users' taps while ensuring that the treatment does not cause the system to violate a primary MCL. Water systems deemed to have optimized corrosion control treatment under this subsection shall operate in compliance with Department designated water quality parameters and continue to conduct lead and copper tap monitoring. A system may achieve optimal corrosion control treatment in one of the following ways:
(i) A small or medium water system is deemed to have optimized corrosion control if the system does not exceed either the lead or copper action level during each of two consecutive 6-month monitoring periods conducted in accordance with § 109.1103. If the system thereafter exceeds an action level during a monitoring period, the system shall complete applicable compliance activities under paragraph (2). The Department may require a system to repeat compliance activities previously completed when the Department determines that this is necessary for the system to achieve optimal corrosion control treatment.
(ii) A water system is deemed to have optimized corrosion control if the system demonstrates to the Department that for two consecutive 6-month monitoring periods conducted in accordance with § 109.1103 that the system does not exceed a lead or copper action level and the difference between the 90th percentile tap water lead level and the highest source water lead concentration is less than 0.005 mg/L, which is the Practical Quantitation Level for lead. To make this demonstration, the system shall collect one sample for lead from each entry point during a monitoring period prior to initiation of construction or modification of corrosion control treatment facilities. If the system thereafter exceeds an action level during a monitoring period, the system shall complete applicable compliance activities under paragraph (2). The Department may require a system to repeat compliance activities previously completed when the Department determines that this is necessary for the system to achieve optimal corrosion control treatment.
(iii) A system is deemed to have optimized corrosion control if the system installs new corrosion control treatment facilities or modifies existing treatment in accordance with paragraph (2) and operates in compliance with water quality parameter performance requirements specified by the Department in a permit issued under § 109.1105(c) (relating to permit requirements).
(iv) Any water system deemed to have optimized corrosion control in accordance with this subsection shall continue monitoring for lead and copper at the tap no less frequently than once every 3-calendar years using the reduced number of sites specified in § 109.1103(e), and collecting the samples at times and locations specified in § 109.1103(e)(iv).
(2) Corrosion control treatment compliance schedule. A system shall comply with the following schedule unless the system achieves optimal corrosion control treatment under paragraph (1)(i) or (ii) prior to initiation of construction or modification of corrosion control treatment facilities.
(i) An existing large water system shall:
(A) Submit a corrosion control treatment feasibility study that complies with paragraph (3) by June 30, 1994.
(B) Submit a permit application for construction or modification of corrosion control treatment facilities by March 31, 1995.
(C) Initiate construction or modification of corrosion control treatment facilities by December 31, 1995.
(D) Complete construction or modification of corrosion control treatment facilities and begin operation of these facilities by January 1, 1997.
(E) Submit a request for a Department designation of optimal corrosion control treatment performance requirements by January 31, 1998.
(ii) A large water system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under § 109.1102(b)(1) (relating to action levels and treatment technique requirements), or any medium or small water system that exceeds an action level shall:
(A) Submit a corrosion control treatment feasibility study that complies with paragraph (3) within 18 months of exceeding the action level.
(B) Submit a permit application or otherwise comply with the permit application requirements under § 109.1105(b) for construction or modification of corrosion control treatment facilities within 30 months of exceeding the action level.
(C) Initiate construction or modification of corrosion control treatment facilities within 48 months of exceeding the action level.
(D) Complete construction or modification of corrosion control treatment facilities and begin operation of these facilities within 60 months of exceeding the action level.
(E) Submit a request for Department designation of optimal corrosion control treatment performance requirements within 30 days of the end of the second follow-up monitoring period required under § 109.1103(c)(1)(ii) following completion of construction or modification of corrosion control treatment facilities.
(3) Corrosion control treatment feasibility study. The system shall prepare and submit a corrosion control treatment feasibility study to the Department by the applicable deadline established in paragraph (2). The purpose of this study is to identify corrosion control priorities, evaluate viable corrosion control approaches and select the optimal corrosion control treatment. As a minimum, the system shall include the information required in a basic study described in subparagraph (i). The Department may require a water supplier to conduct demonstration testing if the Department determines that a basic study is insufficient to determine optimal corrosion control treatment. Demonstration testing may also be required when a system continues to exceed an action level after corrosion control treatment has been installed.
(i) The basic study shall include the following information:
(A) A sample site location plan prepared in accordance with § 109.1103(g).
(B) A summary of lead and copper and water quality parameter monitoring results performed in accordance with § 109.1103. These results shall be evaluated considering the location of sample sites within the distribution system and used as the basis for considering corrosion control treatment options.
(C) An evaluation of source water contributions and the need for source water treatment.
(D) A desktop evaluation of alkalinity and pH adjustment, calcium hardness adjustment and corrosion inhibitor addition or a combination of these treatments. The evaluation shall include analyses based on documented analogous treatments with other systems of similar size, water chemistry and distribution system configuration. If source water treatment is needed to achieve optimal corrosion control, the water supplier shall evaluate the source water treatments specified in paragraph (4).
(E) An identification of chemical, physical or regulatory constraints on the use of a particular corrosion control treatment, such as its adverse effects on other treatment processes or the ability of wastewater facilities to comply with applicable statutes or regulations.
(F) A recommendation of optimal corrosion control treatment, including source water treatment, if applicable, for the system based on the supporting documentation specified in clauses (A)--(E). When a system has multiple sources, it may be necessary for the system to provide different corrosion control treatment for different sources.
(G) Recommended water quality parameter performance requirements for the selected corrosion control treatment.
(H) A proposed schedule for completion of the remaining corrosion control treatment compliance steps in accordance with paragraph (2), including, but not limited to, treatment design and permit application submittal, financing and construction, and initiation of operation.
(ii) A demonstration study shall include the evaluation of corrosion control treatments using pipe rig/loop tests, metal coupon tests or partial system tests.
(4) Source water treatment. A system that must reduce the concentration of lead or copper in its source water to achieve optimal corrosion control shall provide source water treatment.
(i) A system which exceeds either the lead or copper action level shall conduct initial source water monitoring in accordance with § 109.1103(a)(3). The water supplier shall use the results of this monitoring along with the results of lead and copper tap and water quality parameter monitoring to determine corrosion control treatment priorities including the need for source water treatment as part of the corrosion control feasibility study required under paragraph (3).
(ii) If source water treatment needs to be evaluated, the water supplier shall evaluate treatments including ion exchange, reverse osmosis, lime softening and coagulation/filtration. The water supplier shall recommend a source water treatment along with the recommendation for optimal corrosion control treatment. The water supplier shall include recommended source water treatment performance requirements for the selected treatment.
(iii) If, after review of the feasibility study, the Department determines that source water treatment is necessary as part of a system's overall approach to achieving optimal corrosion control, the water supplier shall provide source water treatment under the compliance schedule established in paragraph (2) for corrosion control treatment. The Department may require the water supplier to provide source water treatment for lead on an earlier schedule if the Department determines that lead in the source water presents an imminent hazard to the public health.
(iv) Following the installation of source water treatment, the water supplier shall conduct source water monitoring in accordance with § 109.1103(c)(3). Based on the results of this monitoring and lead and copper tap and water quality parameter monitoring, the Department will establish source water treatment performance requirements when water quality parameter performance requirements are established for the system under paragraph (5).
(5) Water quality parameter performance requirements. The Department will designate optimal corrosion control treatment water quality parameter performance requirements for large water systems by June 30, 1998, and for medium or small water systems within 18 months after the system completes construction or modification of corrosion control treatment, if the water supplier submits a request for Department designation of performance requirements within the time frames established in paragraph (2) and the request contains the information specified in § 109.1107(a)(3)(v) (relating to system management responsibilities). The performance requirements will be specified in the amended operation permit issued in accordance with § 109.1105(c). A system shall maintain the designated water quality parameter performance requirements at or above minimum values or within specified ranges designated by the Department. The Department may designate values for additional water quality parameters if the Department determines these requirements are necessary to assure optimal corrosion control treatment. Depending on the type of corrosion control treatment, the performance requirements will be designated as follows:
(i) A minimum value or range of values for pH measured at each entry point to the distribution system.
(ii) A minimum pH value measured in distribution system samples.
(iii) If a corrosion inhibitor is used, a minimum concentration or range for the inhibitor necessary to form a passivating film on the interior walls of the distribution system pipes. The inhibitor concentration is measured at each entry point and in all distribution system samples.
(iv) If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or range of concentrations for alkalinity measured at each entry point and in distribution system samples.
(v) If calcium carbonate stabilization is used as part of optimal corrosion control treatment, a minimum concentration or range of concentrations for calcium measured in distribution system samples.
§ 109.1103. Monitoring requirements.
(a) Initial monitoring.
(1) Initial lead and copper tap monitoring. The initial lead and copper tap monitoring for community and nontransient noncommunity water systems consists of two consecutive 6-month periods. Monitoring periods begin in January and July and end in June and December.
(i) In accordance with 40 CFR 141.86(d)(1) (relating to monitoring requirements for lead and copper in tap water), the first 6-month monitoring period for large, medium and small water systems shall begin on the following dates:
System size 1st monitoring period begins on Large . . . January 1, 1992 Medium . . . July 1, 1992 Small . . . July 1, 1993 (ii) The first 6-month monitoring period for a new water system created after June 26, 1995, shall begin with the next 6-month monitoring period following the issuance of an operations permit or following the system's provision of water to a sufficient number of sampling sites for the water supplier to comply with sample site requirements under subsection (g), whichever period is later.
(iii) A large water system shall monitor during two consecutive 6-month periods and shall comply with the corrosion control treatment compliance schedule under § 109.1102(b)(2) (relating to action levels and treatment technique requirements) or achieve optimal corrosion control treatment under § 109.1102(b)(1)(ii).
(iv) A small or medium water system shall monitor during each 6-month monitoring period until one of the following occurs:
(A) The system exceeds either the lead or copper action level and is therefore required to comply with the corrosion control treatment compliance schedule under § 109.1102(b)(2).
(B) The system meets both the lead and copper action levels during two consecutive 6-month monitoring periods, in which case the system qualifies for reduced monitoring in accordance with subsection (e)(1).
(v) A system shall collect at least one sample during each monitoring period from the number of sample sites listed in the following chart. The sample sites shall be selected in accordance with subsection (g).
System size
(# of people served)# of Sample Sites > 100,000 . . . 100 10,001 to 100,000 . . . 60 3,301 to 10,000 . . . 40 501 to 3,300 . . . 20 101 to 500 . . . 10 100 or fewer . . . 5 (2) Initial water quality parameter monitoring. A system shall measure the applicable water quality parameters in the distribution system and at each entry point. A large water system shall conduct initial water quality parameter monitoring during each initial monitoring period specified in paragraph (1). A small or medium water system shall conduct initial water quality parameter monitoring during the first monitoring period in which the system exceeds the lead or copper action level.
(i) The following water quality parameters shall be measured as applicable:
(A) pH.
(B) Alkalinity.
(C) Orthophosphate, when an inhibitor containing a phosphate compound is used.
(D) Silica, when an inhibitor containing a silicate compound is used.
(E) Calcium.
(F) Conductivity.
(G) Water temperature.
(ii) A system shall collect two sets of water quality parameter distribution samples from the following number of sample sites. The sets of samples shall be collected from the same sample sites on different days and analyzed for the applicable water quality parameters.
System size
(# of people served)# of Sample Sites > 100,000 . . . 25 10,001 to 100,000 . . . 10 3,301 to 10,000 . . . 3 501 to 3,300 . . . 2 500 or fewer . . . 1 (iii) A system shall also collect two sets of water quality parameter samples at each entry point. The sets of samples shall be collected on different days and analyzed for the applicable water quality parameters.
(3) Initial source water monitoring. A system which exceeds either the lead or copper action level shall collect one source water sample from each entry point within 6 months after the exceedance. Monitoring is required only for the parameter for which the action level was exceeded.
(b) Special lead and copper tap monitoring.
(1) After completing initial monitoring and prior to initiation of construction or modification of corrosion control treatment facilities, a system may collect special lead and copper tap samples at its option.
(2) Special lead and copper tap monitoring shall be conducted in accordance with subsection (a), including compliance with the requirements resulting from an action level exceedance.
(3) If a medium or small water system meets the lead and copper action levels during two consecutive 6-month special monitoring periods, the system is deemed to have optimized corrosion control and may discontinue the compliance activities under § 109.1102(b)(2) and proceed directly to reduced monitoring in accordance with subsection (e).
(4) If a medium or small water system exceeds an action level during a monitoring period after discontinuing compliance activities under paragraph (3), the system shall recommence completion of the applicable compliance activities under § 109.1102(b)(2). The Department may require a system to repeat compliance activities previously completed or undertake additional activities when the Department determines that the action is necessary to properly comply with corrosion control treatment requirements.
(5) If a system meets the lead action level during a special monitoring period, the system may discontinue public education in accordance with § 109.1104(a)(3) (relating to public education and notification).
(c) Follow-up monitoring after construction or modification of corrosion control treatment facilities. A system which completes construction or modification of corrosion control treatment facilities in accordance with § 109.1102(b)(2) shall conduct the applicable monitoring specified in this subsection. A system which exceeds the lead action level after construction or modification of corrosion control treatment facilities shall begin lead service line replacement in accordance with § 109.1107(d) (relating to system management responsibilities).
(1) Lead and copper tap monitoring. A system shall monitor for lead and copper at the tap during each specified monitoring period at the number of sample sites specified in subsection (a)(1)(v).
(i) A large water system shall monitor during each of two consecutive 6-month monitoring periods beginning no later than January 1, 1997. Following completion of this monitoring, but no later than January 31, 1998, the water supplier shall submit a request for the Department to designate optimal corrosion control treatment performance requirements for the system. Upon approval of the request, the Department will designate water quality parameter performance requirements in accordance with § 109.1102(b)(5) or source water treatment performance requirements in accordance with § 109.1102(b)(4), or both. The water supplier may request, and the Department may designate, performance requirements before the system completes the monitoring for both monitoring periods if the system has never exceeded an action level and the system demonstrates in its request that optimal corrosion control treatment has been achieved. After the Department has designated performance requirements, the system shall monitor in accordance with subsection (d)(1).
(ii) A small or medium water system shall monitor during each of two consecutive 6-month monitoring periods beginning no later than 60 months from the date an action level was exceeded. The water supplier shall submit within 30 days of the end of the second monitoring period a request for the Department to designate optimal corrosion control treatment performance requirements for the system. Upon approval of the request, the Department will designate water quality parameter performance requirements in accordance with § 109.1102(b)(5) or source water treatment performance requirements in accordance with § 109.1102(b)(4). A small or medium water system that does not exceed the lead and copper action levels during each of two consecutive 6-month monitoring periods may reduce the number of sample sites and reduce the frequency of sampling to once per year in accordance with subsection (e)(1)(i). Systems not eligible for reduced monitoring under subsection (e)(1) shall monitor in accordance with subsection (d)(1).
(2) Water quality parameter monitoring. A system shall monitor for the applicable water quality parameters specified in subparagraph (iii) in the distribution system during each specified monitoring period at the number of sites specified in subsection (a)(2)(ii) and at each entry point at least once every 2 weeks.
(i) A large water system shall measure the water quality parameters during each of the two consecutive 6-month monitoring periods in which the system conducts lead and copper tap monitoring under paragraph (1)(i).
(ii) A small or medium water system which is conducting lead and copper tap monitoring in accordance with paragraph (1)(ii) shall measure the water quality parameters during each 6-month monitoring period in which the system exceeds either the lead or copper action level. Distribution system monitoring shall be conducted once during the monitoring period and biweekly entry point monitoring shall continue as long as the system exceeds the action level.
(iii) The water quality parameters shall be measured as follows:
(A) At sites within the distribution system, two sets of samples taken on different days from the same sample sites for:
(I) pH.
(II) Alkalinity.
(III) Orthophosphate, when an inhibitor containing a phosphate compound is used.
(IV) Silica, when an inhibitor containing a silicate compound is used.
(V) Calcium, when calcium carbonate stabilization is used as part of corrosion control.
(B) At each entry point, one set of samples every 2 weeks for:
(I) pH.
(II) When alkalinity is adjusted as part of corrosion control treatment, a reading of the dosage rate of the chemical used to adjust the alkalinity, and the alkalinity concentration.
(III) When a corrosion inhibitor is used as part of corrosion control treatment, a reading of the dosage rate of the inhibitor used, and the concentration of orthophosphate or silica, whichever is applicable.
(3) Source water monitoring. A system which installs source water treatment under § 109.1102(b)(4) shall monitor the source water at source water treatment entry points for the parameters for which the source water treatment was installed. The system shall monitor source water during the two consecutive 6-month monitoring periods specified in paragraph (1). Other systems which exceed either the lead or copper action level while conducting lead and copper tap monitoring in accordance with paragraph (1) shall collect one source water sample from each entry point within 6 months after the exceedance for the parameters exceeding the action level.
(d) Monitoring after performance requirements are established. A system shall conduct the applicable monitoring under this subsection beginning no later than the next 6-month monitoring period following the Department's designation of optimal corrosion control treatment water quality parameter performance requirements under § 109.1102(b)(5) or source water performance requirements under § 109.1102(b)(4).
(1) Lead and copper tap monitoring. A system shall monitor for lead and copper at the tap during each monitoring period at the number of sample sites specified in subsection (a)(1)(v) until the system qualifies for reduced monitoring under subsection (e)(1).
(2) Water quality parameter performance monitoring. A system shall measure the applicable water quality parameters specified in subsection (c)(2)(iii) in the distribution system during each monitoring period at the number of sites specified in subsection (a)(2)(ii) and at each entry point at least once every 2 weeks. The results of this monitoring will be used by the Department in determining compliance with the water quality parameter performance requirements established under § 109.1102(b)(5). A system that is not in compliance with the water quality parameter performance requirements established under § 109.1102(b)(5) shall provide public notification in accordance with § 109.1104(b)(2).
(i) A large water system shall conduct the monitoring during each monitoring period until the system qualifies for reduced monitoring under subsection (e)(2).
(ii) A small or medium water system which is conducting lead and copper tap monitoring in accordance with paragraph (1), shall measure the water quality parameters during each 6-month monitoring period in which the system exceeds either the lead or copper action level. Distribution system monitoring shall be conducted at least once during the monitoring period and biweekly entry point monitoring shall continue as long as the system exceeds the action level.
(iii) A system is out of compliance with the requirements of § 109.1102(b)(5) for a 6-month period if it has excursions for any Department specified water quality parameter on more than any 9 days during the 6-month monitoring period. An excursion occurs whenever the daily value for one or more of the water quality parameters is below the minimum value or outside the range of values designated by the Department. The Department has the discretion to delete results of sampling errors from this calculation. Daily values are calculated as follows:
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