PROPOSED RULEMAKING
[ 25 PA. CODE CH. 109 ]
Safe Drinking Water (Stage 2 Disinfectants and Disinfection Byproducts Rule)
[38 Pa.B. 7055]
[Saturday, December 20, 2008]The Environmental Quality Board (Board) proposes to amend Chapter 109 (relating to safe drinking water). The amendments will supplement the Stage 1 Disinfectants and Disinfection Byproduct Rule by requiring water systems to meet disinfection byproduct maximum contaminant levels (MCLs) at each monitoring site in the distribution system. The amendments will first focus on identifying the higher risk monitoring locations through the Initial Distribution System Evaluation (IDSE) and then addresses reducing exposure and lowering disinfectant byproducts (DBPs) peaks in distribution systems by using a new method to determine MCL compliance (Locational Running Annual Average (LRAA)).
The amendments will reduce the potential risks of cancer and reproductive and developmental health effects associated with DBPs by reducing peak and average levels of DBPs in drinking water supplies.
The amendments will apply to community water systems (CWSs) and nontransient noncommunity water systems (NTNCWSs) that add a primary or residual disinfectant other than ultraviolet light (UV) or deliver water that has been treated with a primary or residual disinfectant other than UV.
This proposal was adopted by the Board at its meeting of August 19, 2008.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information, contact Ronald Furlan, Chief, Division of Planning and Permits, P. O. Box 8774, Rachel Carson State Office Building, Harrisburg, PA 17105-8774, (717) 787-8184 or Marylou Barton, 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 Pennsylvania AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). The proposal is available electronically through the Department of Environmental Protection's (DEP) web site www. depweb.state.pa.us.
C. Statutory Authority
The proposed rulemaking is being made under the authority of section 4 of the Pennsylvania Safe Drinking Water Act (SDWA) (35 P. S. § 721.4), which grants the Board the authority to adopt rules and regulations governing the provision of drinking water to the public, and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-7 and 510-20).
D. Background and Purpose
The public health benefits of disinfection are significant and well-recognized. However, these very disinfection practices pose health risks of their own. Although disinfectants such as chlorine, hypochlorites and chlorine dioxide are effective in controlling many harmful microorganisms, they react with organic and inorganic matter in the water to form DBPs, which pose health risks at certain levels.
The first DBPs discovered in public drinking water were halogenated methanes in 1974. As a result, the United States Environmental Protection Agency (EPA) promulgated a MCL for the composite sum of four individual DBP species: chloroform, bromodichloro- methane, dibromochloromethane and bromoform. This composite sum was termed ''Total Trihalomethanes'' (TTHMs) and had an MCL of 0.1 mg/L that was applied only to community water systems serving at least 10,000 people.
Since the discovery of TTHMs in drinking water in 1974, other DBPs have been identified and studied for their health effects. Many of these studies have shown DBPs to be carcinogenic or to cause reproductive or developmental, or both, effects in laboratory animals. Studies have also shown that high levels of the disinfectants themselves may cause health problems over long periods of time, including damage to both the blood and the kidneys. While many of these studies have been conducted at high doses, the weight of the evidence indicates that DBPs present a potential public health problem that must be addressed.
In 1992, the EPA initiated a rulemaking process to address public health concerns associated with disinfectants, DBPs and microbial pathogens. As part of this rulemaking process, the EPA established a Regulatory Negotiation (Reg/Neg) Committee, which included representatives of state and local health and regulatory agencies, public water systems, elected officials, consumer groups and environmental groups.
The EPA's most significant concern in developing regulations for disinfectants and DBPs was the need to ensure that adequate treatment be maintained for controlling risks from microbial pathogens. One of the major goals addressed in the rulemaking process was to develop an approach that would reduce the level of exposure from disinfectants and DBPs without undermining the control of microbial pathogens. The intention was to ensure that drinking water is microbiologically safe at the limits set for disinfectants and DBPs and that these chemicals do not pose an unacceptable health risk at these limits. Thus, the Reg/Neg Committee also considered a range of microbial issues and agreed that the EPA should also propose a companion microbial rule, the Interim Enhanced Surface Water Treatment Rule (IESWTR).
Following months of intensive discussions and technical analysis, the Reg/Neg Committee recommended the development of three sets of rules: a two-stage rule to address disinfectants and DBPs (D/DBPs), the IESWTR and an Information Collection Rule (ICR). The approach used in developing these proposals considered the constraints of simultaneously treating water to control microbial contaminants, disinfectants and D/DBPs. The Reg/Neg Committee agreed that the schedule for the IESWTR should be linked to the schedule of the first stage of the D/DBPs rule to assure simultaneous compliance and a balanced risk-risk based implementation. The Reg/Neg Committee also agreed that additional information on health risk, occurrence, treatment technologies and analytical methods needed to be developed to better understand the risk-risk tradeoff, and how to accomplish an overall reduction in health risks to both pathogens and D/DBPs. Finally the Reg/Neg Committee agreed that to develop a reasonable set of rules and to understand more fully the limitations of the current Surface Water Treatment Rule, additional field data were critical. Thus, a key component of the regulation negotiation agreement was the promulgation of the ICR.
The Federal Disinfectants and Disinfection Byproducts Rule (D/DBPR) (40 CFR Parts 9, 141 and 142 (relating to OMB approvals under the paperwork reduction act; National primary drinking water regulations; and National primary drinking water regulations implementation)), which was promulgated on December 16, 1998, was developed based on the outcome of this rulemaking process, as well as a wide range of technical comments from stakeholders and members of the public. Pennsylvania adopted the Stage 1 DBPR on July 21, 2001.
The Stage 1 DBPR regulated treatment practices at public water systems to eliminate or minimize disinfectant levels and DBPs that may cause harmful health effects. The Stage 1 DBPR applied to all community and nontransient noncommunity water systems that use a chemical disinfectant or oxidant, as well as to all transient noncommunity water systems that use chlorine dioxide. The Stage 1 DBPR established maximum residual disinfectant levels (MRDLs) for free chlorine, combined chlorine and chlorine dioxide. MCLs were also established for TTHM, five haloacetic acids (HAA5), bromate (calculated as running annual average (RAA)) and chlorite based on daily and monthly sampling. The MCL for TTHMs was lowered from 0.1 mg/L to 0.08 mg/L and applied to all community and nontransient noncommunity water systems, regardless of the population that is served. The Stage 1 DBPR also regulated prefiltration treatment techniques for public water systems that use conventional filtration to reduce source water Total Organic Carbon (TOC), which serves as a precursor to DBP.
The EPA promulgated the Federal Stage 2 DBPR on January 4, 2006. Congress required the EPA to promulgate the Stage 2 DBPR as part of the 1996 SDWA Amendments. The Stage 2 DBPR augments the Stage 1 DBPR. The goal of the Stage 2 DBPR is to target the highest risk systems for changes beyond those required for Stage 1 DBPR. The new requirements will provide for more consistent, equitable protection from DBPs across the entire distribution system and the reduction of DBP peaks. New risk-targeting provisions require systems to first identify their risk level; then, only those systems with the greatest risk will need to make operational or treatment changes. The Stage 2 DBPR will first focus on identifying the higher risk monitoring locations through the IDSE and then addresses reducing exposure and lowering DBP peaks in distribution systems by using a new method to determine MCL compliance (LRAA). The rule will also define operational evaluation levels.
As in Stage 1 DBPR, the Stage 2 DBPR will focus on monitoring for and reducing concentrations of two classes of DBPs: TTHM and HAA5. These two groups of DBPs act as indicators for the various byproducts that are present in water disinfected with chlorine or chloromine. This means that concentrations of TTHM and HAA5 are monitored for compliance, but their presence in drinking water is representative of many other chlorination DBPs that may also occur in the water; thus, a reduction in TTHM and HAA5 generally indicates an overall reduction of DBPs.
The Board proposes to incorporate the provisions of the Federal Stage 2 DBPR into Chapter 109.
The draft proposed amendments were submitted for review to the Small Water Systems Technical Assistance Center Advisory Board (TAC) for review and discussion on November 15, 2007. The TAC Board noted that the revisions are required for the Department to receive primacy and are not more stringent than the Federal rule. The TAC Board approved the proposed revisions in a letter dated December 12, 2007.
E. Summary of Regulatory Requirements
The proposed amendments reflect, and are no more stringent than the new Federal Stage 2 DBPR requirements.
1. § 109.1. Definitions.
This section was amended to add the following EPA definitions: ''combined distribution systems,'' ''dual sample set,'' ''locational running annual average,'' ''running annual average and wholesale systems.'' The definition of ''finished water'' was also amended. These amendments reflect the new definitions of the Federal Stage 2 DBPR found in 40 CFR 141.2 (relating to definitions).
2. § 109.301(12). Monitoring requirements for disinfection byproducts and disinfection byproduct precursors.
This paragraph was revised to incorporate the EPA's new monitoring requirements for the Stage 2 DBPR. This amendment reflects the Federal requirements found in 40 CFR 141.132(a), (b) (relating to monitoring requirements), and (d) and 40 CFR 141.620--141.623.
3. § 109.301(12)(i)(B)(I)(-c-). TTHM and HAA5 Stage 1 DBP Rule.
A new item was added to incorporate the EPA's minor changes to Stage 1 DBPR which did not specify a time frame or sampling frequency for taking TOC source water samples. The Stage 2 DBPR requires systems to take TOC samples every 30 days at a location prior to treatment. These samples must be averaged quarterly for the most recent 4 quarters. Once a system has qualified for reduced monitoring it may reduce source water TOC monitoring to one sample every 90 days. This amendment reflects the Federal requirement found in 40 CFR 141.132(b)(1)(iii).
4. § 109.301(12)(ii). TTHM and HAA5 Stage 2 DBP Rule.
This new subparagraph was added to incorporate the monitoring requirements of the Stage 2 DBPR. The subparagraph establishes monitoring and other requirements for achieving compliance with the MCLs based on LRAA for TTHM and HAA5 and for achieving compliance with the MRDLs for chlorine and chloramines for certain consecutive systems. The amendment reflects the Federal requirements in 40 CFR 141.620--141.623.
5. § 109.301(12)(ii)(A). Applicability and schedule.
A new clause was added to incorporate the EPA's schedule for Stage 2 DBPR. The amendment reflects the Federal requirements in 40 CFR 141.620 (relating to general requirements).
6. § 109.301(12)(ii)(B). Routine monitoring.
A new clause was added to incorporate the EPA's routine monitoring requirements for Stage 2 DBPR. The amendment reflects the Federal requirements in 40 CFR 141.621 (relating to routine monitoring).
7. § 109.301(12)(ii)(C). Reduced monitoring.
A new clause was added to incorporate the EPA's reduced monitoring requirements for Stage 2 DBPR. The amendment reflects the Federal requirements in 40 CFR 141.623 (relating to reduced monitoring).
8. § 109.301(12)(ii)(D). Increased monitoring.
A new clause was added to incorporate the EPA's conditions requiring increased monitoring. The amendment reflects the Federal requirements in 40 CFR 141.625 (relating to conditions requiring increased monitoring).
9. § 109.301(12)(ii)(E). General monitoring and compliance requirements.
A new clause was added to incorporate the EPA's general monitoring and compliance requirements. The amendment reflects the Federal requirements in 40 CFR 141.620(c)(7), (d)(1) and (2), and 141.620(e).
10. § 109.301(12)(iv). Bromate.
A new subclause was added to incorporate the EPA's minor changes to Stage 1 DBPR. Under the Stage 1 DBPR, systems that use ozone are required to monitor water in the distribution system for bromate whose MCL is 0.010 mg/L RAA. Under the Stage 2 DBPR, the criterion for reduced bromate monitoring is a bromate RAA less than or equal to 0.0025 mg/L. The amendment reflects the Federal requirements in 40 CFR 141.132(b)(3)(ii)(A) and (B).
11. § 109.701(g)(2). Monitoring plans for disinfectants, disinfection byproducts and disinfection byproduct precursors.
This paragraph was revised to incorporate the EPA's new monitoring plans for D/DBPs and DBP precursors requirements under Stage 2 DBPR. This amendment reflects the Federal requirements found in 40 CFR 141.620 and 141.621.
12. § 109.701(g)(1)(iii).
This new subparagraph was added to incorporate the EPA's new monitoring plan requirements. This amendment reflects Federal requirements found in 40 CFR 141.33(f) (relating to record maintenance).
13. § 109.701(g)(2)(i). IDSE Requirements.
This subparagraph was added to incorporate by reference the EPA's IDSE requirements. The amendment reflects Federal requirements found in 40 CFR 141.600-- 141.605 (relating to initial distribution system evaluations).
14. § 109.701(g)(2)(ii). Subchapter G monitoring plan.
This subparagraph was added to incorporate the EPA's monitoring plan requirements under the Stage 2 DBPR. The amendment reflects Federal requirements found in 40 CFR 141.622 (relating to Subpart V monitoring plan).
15. § 109.701(g)(2)(iii). Operational evaluation level.
This subparagraph was added to incorporate the EPA's new operational evaluation level requirements. The amendment reflects Federal requirements found in 40 CFR 141.626 (relating to operational evaluation levels).
TTHM and HAA5 MCL compliance is based on an LRAA, therefore a system may have individual DBP results significantly higher than the MCL from time to time while remaining in compliance. This situation is a result of the fact that high concentrations are averaged with lower concentrations at a given location. While this situation does not constitute an MCL violation, it might indicate a trend that could lead to an MCL violation in future quarters.
The operational evaluation level is an LRAA threshold, meant to help systems identify if they are in danger of exceeding the MCL in the following monitoring quarter. The process is useful in that it alerts the system to the potential of an MCL violation if DBP levels remain at their current level and encourages them to consider what operational changes may be necessary to reduce DBP levels.
The operational evaluation level at any location is the sum of the two previous quarters' TTHM or HAA5 results plus the current quarter's TTHM or HAA5 result, divided by four to determine an average. If the operational evaluation level for TTHM exceeds 0.080 mg/L or the operational evaluation level for HAA5 exceeds 0.060 mg/L at any monitoring location, an exceedance of the operational evaluation level has occurred.
If this happens, the system must conduct an operational evaluation and submit a written report of the evaluation to the Department no later than 90 days after the system is notified of the analytical result that caused the exceedance.
16. § 109.1003(a)(1)(viii). Monitoring requirements.
This subparagraph was revised to incorporate the EPA's TTHM and HAA5 bromate monitoring requirements for bottled water systems. This amendment reflects the Federal requirements found in 40 CFR 141.132(b)(1)(iii).
17. § 109.1003(a)(1)(x)(B). Monitoring requirements.
This subclause was revised to incorporate the EPA's bromate reduced monitoring requirements for bottled water systems. This amendment reflects the Federal requirements found in 40 CFR 141.132(b)(3)(ii).
F. Benefits, Costs and Compliance
Benefits
The public health benefits of disinfection practices are significant and well-recognized. Disinfection, however, poses its own health risks. The proposed amendments will improve public health by increasing level of protection from exposure to DBP's through providing more consistent, equitable protection from DBPs across the entire distribution systems and the reduction of DBP peaks.
The proposed amendments will affect all CWSs (almost 2,042) and NTHCWSs (almost 600) serving about 10.5 million Pennsylvanians. These 10.5 million people will benefit from a reduction in health risks associated with disinfection practices, such as bladder cancer and kidney damage.
The EPA has estimated that the Nation may realize a total annual benefit of up to $3.5 billion as a result of avoiding up to 581 cases of bladder cancer per year. In this Commonwealth, this translates into a total annual benefit of up to $144 million in avoiding up to 24 cases of bladder cancer per year.
Compliance Costs
The EPA has estimated that the mean annual cost of approximately $77 million will be borne by the regulated community, Nationwide, as a result of this rule. It is estimated that water systems in this Commonwealth will bear nearly $3.39 million of this total annual cost.
The $3.39 million estimate will include nontreatment costs of rule implementation, IDSE, Stage 2 DBPR monitoring plans, additional routine monitoring, reporting, recordkeeping and operational evaluations. Systems required to install treatment to comply with MCLs will accrue the additional costs of treatment installation as well as Operation and Maintenance.
Compliance Assistance Plan
The Safe Drinking Water Program utilizes the Commonwealth's PENNVEST Program to offer financial assistance to eligible public water systems. This assistance is in the form of a low-interest loan, with some augmenting grant funds for hardship cases. Eligibility is based upon factors such as public health impact, compliance necessity and project/operational affordability.
The Safe Drinking Water Program has established a network of regional and central office training staff that is responsive to identifiable training needs. The target audience in need of training may be either program staff or the regulated community.
In addition to this network of training staff, the Bureau of Water Standards and Facility Regulation have staff dedicated to providing both training and outreach support services to public water system operators. The DEP internet site also contains the Drinking Water & Wastewater Treatment System Operator Information Center internet site, which provides a bulletin board of timely, useful information for treatment plant operators.
Paperwork Requirements
The proposed amendments will involve monitoring activities, which include conducting the IDSE, Stage 2 DBPR monitoring plans, additional routine monitoring and operational evaluations. Water systems which treat with conventional filtration will also need to monitor and report total organic carbon, both in the source water and in the treated water.
It is anticipated that this additional monitoring and reporting will be easily facilitated by the addition of one or two new data reporting forms and that little additional paperwork will be necessary.
G. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the DEP 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 November 24, 2008, the DEP submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees (Committees). In addition to submitting the proposed amendments, the DEP has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the DEP. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed amendments within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review of these issues by the DEP, the General Assembly and the Governor prior to final publication of the regulations.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objection regarding the proposed regulation to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17105-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by January 20, 2009. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by January 20, 2009. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulations will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by January 20, 2009. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgement of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
JOHN HANGER
Acting ChairpersonFiscal Note: 7-427. No fiscal impact; (8) recommends adoption. Proposed rulemaking will have no net cost increase to the Commonwealth. State agencies that use licensed radioactive material or radiation-producing machines have paid license fees in the past and will be subject to the increased fees. Those costs are expected to be nominal.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 109. SAFE DRINKING WATER
Subchapter A. GENERAL PROVISIONS § 109.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Combined distribution system--The interconnected distribution system consisting of the distribution systems of wholesale systems and of the public water systems that obtain finished water from another public water system.
* * * * * DBP--Disinfection byproduct.
* * * * * Dual sample set--A set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample sets are collected for the purposes of conducting an IDSE and determining compliance with the TTHM and HAA5 MCLs under Subchapter G (relating to system management responsibilities).
* * * * * Finished water--[Water that has been treated in compliance with the treatment technique requirements established in this chapter by a permitted public water system and is ready for consumption by the public.] Water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as necessary to maintain water quality in the distribution system (for example, booster disinfection or addition of corrosion control chemicals).
* * * * * IDSE--Initial Distribution System Evaluation.
* * * * * LRAA--Locational running annual average--The average, computed quarterly, of quarterly arithmetic averages of all analytical results for samples taken at a particular monitoring location during the most recent 4 calendar quarters.
* * * * * RAA--Running annual average--The average, computed quarterly, of quarterly arithmetic averages of all analytical results for samples taken during the most recent 4 calendar quarters.
* * * * * Wholesale system--A public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.
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:
* * * * * (8) Monitoring requirements for public water systems that obtain finished water from another public water system.
* * * * * (ii) Community consecutive water suppliers shall[:
(A) Monitor for compliance with the MCL for TTHMs established under 40 CFR 141.12 (relating to maximum contaminant levels for total trihalomethanes) in accordance with 40 CFR 141.30 (relating to total trihalomethanes sampling, analytical and other requirements) if the system does one of the following:
(I) Serves more than 10,000 persons.
(II) Obtains finished water from another public water system serving more than 10,000 persons.
(B) Monitor] monitor the distribution system for compliance with the MCL for asbestos at the frequency indicated in paragraph (7)(i), when the Department determines that the system's distribution system contains asbestos cement pipe and optimum corrosion control measures have not been implemented.
* * * * * (12) Monitoring requirements for disinfection byproducts and disinfection byproduct precursors. Community water systems and nontransient noncommunity water systems that use a chemical disinfectant or oxidant shall monitor for disinfection byproducts and disinfection byproduct precursors in accordance with this paragraph. Community water systems and nontransient noncommunity water systems that obtain finished water from another public water system that uses a chemical disinfectant or oxidant to treat the finished water shall monitor for TTHMs and HAA5 in accordance with this paragraph. Systems that use either surface water or GUDI sources and that serve at least 10,000 persons shall begin monitoring by January 1, 2002. Systems that use either surface water or GUDI sources and that serve fewer than 10,000 persons, or systems that use groundwater sources, shall begin monitoring by January 1, 2004. Systems monitoring for disinfection byproducts and disinfection byproduct precursors shall take all samples during normal operating conditions. Systems monitoring for disinfection byproducts and disinfection byproduct precursors shall use only data collected under this chapter to qualify for reduced monitoring. Compliance with the MCLs and monitoring requirements for TTHMs, HAA5, chlorite (where applicable) and bromate (where applicable) shall be determined in accordance with 40 CFR 141.132 and 141.133 (relating to monitoring requirements; and compliance requirements) which are incorporated herein by reference.
(i) TTHMs and HAA5 Stage 1 DBP Rule.
* * * * * (B) Reduced monitoring. Systems shall monitor for TTHMs and HAA5 for at least 1 year prior to qualifying for reduced monitoring. Systems serving at least 500 persons and that use either surface water or GUDI sources shall monitor source water TOC monthly for at least 1 year prior to qualifying for reduced monitoring. The Department retains the right to require a system that meets the requirements of this clause to resume routine monitoring.
(I) For systems serving at least 500 persons that use either surface water or GUDI sources and that have a source water TOC running annual average that is no greater than 4.0 mg/L, a TTHM running annual average that is no greater than 0.040 mg/L and an HAA5 running annual average that is no greater than 0.030 mg/L, the required monitoring is reduced according to items (-a-) and (-b-). Systems serving at least 10,000 persons shall resume routine monitoring as prescribed in clause (A) if the TTHM running annual average exceeds 0.060 mg/L or the HAA5 running annual average exceeds 0.045 mg/L. Systems serving from 500 to 9,999 persons shall resume routine monitoring as prescribed in clause (A) if the annual TTHM average exceeds 0.060 mg/L or the annual HAA5 average exceeds 0.045 mg/L. Systems serving at least 500 persons that must resume routine monitoring shall resume routine monitoring in the quarter immediately following the quarter in which the system exceeded the specified TTHM or HAA5 criteria.
* * * * * (-c-) Beginning April 1, 2008, systems not monitoring under the provisions of subparagraph (ii) shall take monthly TOC samples every 30 days at a location prior to any treatment, to qualify for reduced monitoring for TTHM and HAA5 under this subparagraph. In addition to meeting other criteria for reduced monitoring in this section, the source water TOC running annual average must be less than 4.0 mg/L (based on the most recent 4 quarters of monitoring) on a continuing basis at each treatment plant to reduce or remain on reduced monitoring for TTHM and HAA5. Once qualified for reduced monitoring for TTHM and HAA5 under this section, a system may reduce source water TOC monitoring to quarterly TOC samples taken every 90 days at a location prior to any treatment.
(II) For systems that use only groundwater sources not included under subclause (I), the required monitoring is reduced according to the following:
* * * * * (-b-) For systems serving fewer than 10,000 persons that have 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 for 2 consecutive years or an annual TTHM average that is no greater than 0.020 mg/L and an annual HAA5 average that is no greater than 0.015 mg/L for 1 year, the required monitoring is reduced to one sample per 3-year cycle per treatment plant. The sample shall be taken at a location that represents a maximum residence time during the month of warmest water temperature. The 3-year cycle shall begin on January 1 following the quarter in which the system qualifies for reduced monitoring. If the TTHM annual average exceeds 0.060 mg/L, or the HAA5 annual average exceeds 0.045 mg/L the system shall resume routine monitoring as prescribed in clause (A), except that systems that exceed either a TTHM or HAA5 MCL shall increase monitoring to at least one sample per quarter per treatment plant beginning in the quarter immediately following the quarter in which the system exceeds the TTHM or HAA5 MCL.
(ii) TTHMs and HAA5 Stage 2 DBP Rule.
(A) Applicability and schedule.
(I) Community water systems and nontransient noncommunity water systems using a primary or residual disinfectant other than ultraviolet light or delivering water that has been treated with a primary or residual disinfectant other than ultraviolet light shall monitor for compliance with the MCLs based on the LRAA for TTHMs and HAA5. A consecutive system or wholesale system shall comply at the same time as the system with the earliest compliance date in the combined distribution system. Systems shall comply with the requirements of this subparagraph as follows:
(-a-) Systems serving 100,000 or more people begin April 1, 2012.
(-b-) Systems serving from 50,000 to 99,999 people begin October 1, 2012.
(-c-) Systems serving from 10,000 to 49,999 people begin October 1, 2013.
(-d-) Systems serving less than 10,000 people:
(-1-) Begin October 1, 2013, if no Cryptosporidium monitoring is required under §§ 109.1201--109.1204. (Editor's Note: §§ 109.1201--109.1204 are proposed to be added at 38 Pa.B. 7035 (December 20, 2008.)
(-2-) Begin October 1, 2014, if Cryptosporidium monitoring is required under §§ 109.1201--109.1204.
(II) For the purpose of the schedule under this subparagraph, the Department may determine that the combined distribution system does not include certain consecutive systems based on factors such as receiving water from a wholesale system only on an emergency basis or receiving only a small percentage and small volume of water from a wholesale system. The Department may also determine that the combined distribution system does not include certain wholesale systems based on factors such as delivering water to a consecutive system only on an emergency basis or delivering only a small percentage and small volume of water to a consecutive system.
(B) Routine monitoring.
(I) A system that submitted an IDSE report shall begin monitoring at the locations and months recommended in the IDSE report unless the Department notifies the system that other locations or additional locations are required. A system that submitted a 40/30 certification, or qualified for a very small system waiver or a nontransient noncommunity water system serving less than 10,000, shall monitor at the locations and dates identified in its monitoring plan following the schedule in § 109.701(g)(2)(ii) (relating to reporting and recordkeeping).
(II) A system required to conduct quarterly monitoring shall begin monitoring in the first full calendar quarter that includes the compliance date specified in clause (A). A system required to conduct monitoring at frequencies less than quarterly shall begin monitoring in the calendar month recommended in the IDSE report in accordance with 40 CFR 141.601 and 141.602 (relating to standard monitoring; and system specific studies) as incorporated by reference or the calendar month identified in the Subchapter G (relating to system management responsibilities) monitoring plan relating to § 109.701(g)(2)(ii) no later than 12 months after the compliance date under clause (A).
(III) Monitoring shall be conducted at no fewer than the number of locations identified in the table under subclauses (IV) and (V). All systems shall monitor during the month of highest DBP concentrations. Systems on quarterly monitoring shall take dual sample sets every 90 days at each monitoring location, except for community water systems using surface water or GUDI sources serving 500--3,300. Systems on annual monitoring and community water systems using surface water or GUDI sources serving 500--3,300 are required to take individual TTHM and HAA5 samples (instead of a dual sample set) at the locations with the highest TTHM and HAA5 concentrations, respectively. Only one location with a dual sample set per monitoring period is needed if the highest TTHM and HAA5 concentrations occur at the same location (and month, if monitored annually).
(IV) Community water systems and nontransient noncommunity water systems using surface water or GUDI sources shall monitor as follows:
Population size Monitoring frequencies Distribution system monitoring location total per monitoring period < 500 Annually 2 500--3,300 Quarterly 2 3,301--9,999 Quarterly 2 10,000--49,999 Quarterly 4 50,000--249,999 Quarterly 8 250,000--999,999 Quarterly 12 1,000,000--4,999,999 Quarterly 16 >= 5,000,000 Quarterly 20 (V) Community water systems and nontransient noncommunity water systems using ground water sources shall monitor as follows:
Population size Monitoring frequencies Distribution system monitoring location total per monitoring period < 500 Annually 2 500--9,999 Annually 2 10,000--99,999 Quarterly 4 100,000--499,999 Quarterly 6 >= 500,000 Quarterly 8
(VI) An undisinfected system that begins using a disinfectant other than UV light after the dates under 40 CFR 141.600 (relating to general requirements) as incorporated by reference for complying with the IDSE requirements, shall consult with the Department to identify compliance monitoring locations. The system shall develop a monitoring plan under § 109.701(g)(2)(ii) that includes those monitoring locations.
(VII) Systems shall use analytical techniques adopted by the EPA under the Federal act for TTHM and HAA5 analyses. Laboratories that have received accreditation by the Department shall conduct analyses.
(C) Reduced monitoring.
(I) Systems may reduce monitoring to the level specified in the table under subclauses (II) and (III) if, after at least 4 consecutive quarters, the LRAA is equal to or less than 0.040 mg/L for TTHM and equal to or less than 0.030 mg/L for HAA5 at all monitoring locations. Only data collected under subparagraph (i) and this subparagraph may be used to qualify for reduced monitoring. Systems with surface water or GUDI sources shall also take monthly TOC samples every 30 days at a location prior to any treatment, to qualify for reduced monitoring for TTHM and HAA5 under this clause. In addition to meeting other criteria for reduced monitoring in this clause, the source water TOC running annual average (based on the most recent 4 quarters of monitoring) must be equal to or less than 4.0 mg/L on continuing basis at each treatment plant to reduce monitoring for TTHM and HAA5. Once qualified for reduced monitoring for TTHM and HAA5 under this clause, a system may reduce source water TOC monitoring to quarterly TOC samples taken every 90 days at a location prior to any treatment.
(II) Community water systems and nontransient noncommunity water systems using surface water or GUDI sources may reduce monitoring as follows:
Population size Monitoring frequencies Distribution system monitoring location total per monitoring period < 500 Monitoring may not be reduced
500--3,300 Annually 1 TTHM and 1 HAA5 sample: 1 at the location and during the quarter with the highest TTHM single measurement, 1 at the location and during the quarter with the highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter. 3,301--9,999 Annually 2 dual sample sets: 1 at the location and during the quarter with the highest TTHM single measurement, 1 at the location and during the quarter with the highest HAA5 single measurement. 10,000--49,999 Quarterly 2 dual sample sets at the locations with the highest TTHM and the highest HAA5 LRAAs. 50,000--249,999 Quarterly 4 dual sample sets at the locations with two highest TTHM and two highest HAA5 LRAAs. 250,000--999,999 Quarterly 6 dual sample sets at the locations with the three highest TTHM and the three highest HAA5 LRAAs. 1,000,000--4,999,999 Quarterly 8 dual sample sets at the locations with the 4 highest TTHM and 4 highest HAA5 LRAAs. >= 5,000,000 Quarterly 10 dual sample sets at the locations with the five highest TTHM and five highest HAA5 LRAAs. (III) Community water systems and nontransient noncommunity water systems using groundwater sources may reduce monitoring as follows:
Population size Monitoring frequencies Distribution system monitoring location total per monitoring period < 500 Every third year 1 TTHM and 1 HAA5 sample: 1 at the location and during the quarter with the highest TTHM single measurement; 1 at the location and during quarter with highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter. 500--9,999 Annually 1 TTHM and 1 HAA5 sample: 1 at the location and during the quarter with highest TTHM single measurement; 1 at the location during the quarter with the highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter. 10,000--99,999 Annually 2 dual sample sets: 1 at the location and during the quarter with the highest TTHM single measurement; 1 at the location and during the quarter with the highest HAA5 single measurement. 100,000--499,999 Quarterly 2 dual sample sets at the locations with the highest TTHM and highest HAA5 LRAAs. >= 500,000 Quarterly 4 dual sample sets at the locations with the two highest TTHM and two highest HAA5 LRAAs.
(IV) Systems on reduced quarterly monitoring may remain on reduced monitoring as long as the TTHM LRAA is equal to or less than 0.040 mg/L and the HAA5 LRAA is equal to or less than 0.030 mg/L at each monitoring location. Systems on reduced annual or less frequent monitoring may remain on reduced monitoring as long as each TTHM sample result is equal to or less than 0.060 mg/L and each HAA5 sample result is equal to or less than 0.045 mg/L. In addition, the source water TOC running annual average (based on the most recent 4 quarters of monitoring) from samples collected every 90 days at a location prior to any treatment must be equal to or less than 4.0 mg/L at each treatment plant treating surface water or GUDI sources.
(V) If the LRAA based on quarterly monitoring at any monitoring location exceeds either 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 or if the annual (or less frequent) sample at any location exceeds either 0.060 mg/L for TTHM or 0.045 mg/L for HAA5, or if the source water annual average TOC level, before any treatment, is greater than 4.0 mg/L at any treatment plant treating surface water or GUDI sources, the system shall resume routine monitoring under clause (B) or begin increased monitoring if clause (D)(I) applies.
(VI) The Department retains the right to require a system that meets the requirements of this clause to resume routine monitoring.
(D) Increased monitoring.
(I) Systems that are required to monitor at a particular location annually or less frequently than annually under clause (B) or (C) shall increase monitoring to dual sample sets once per quarter (taken every 90 days) at all locations if any single TTHM sample result is greater than 0.080 mg/L or any single HAA5 sample result is greater than 0.060 mg/L at any location.
(II) A system may return to routine monitoring once it has conducted increased monitoring for at least 4 consecutive quarters and the LRAA for every monitoring location is equal to or less than 0.060 mg/L for TTHM and is equal to or less than 0.045 mg/L for HAA5.
(III) Systems on increased monitoring under subparagraph (i) shall remain on increased monitoring until they qualify for a return to routine monitoring under subclause (II). Systems shall conduct increased monitoring under subclause (I) at the monitoring locations in the monitoring plan developed under § 109.701(g)(2)(ii) beginning at the date identified in clause (A) for compliance with this subparagraph and remain on increased monitoring until they qualify for a return to routine monitoring under subclause (II).
(IV) A system may remain on reduced monitoring after the dates identified in clause (A) for compliance with this subparagraph only if it qualified for a 40/30 certification under 40 CFR 141.603 (relating to 40/30 certification) as incorporated by reference or has received a very small system waiver under 40 CFR 141.603 as incorporated by reference, plus meets the reduced monitoring criteria in clause (C), and has not changed or added monitoring locations from those used for compliance monitoring in subparagraph (i). If a system's monitoring locations under this subparagraph differ from monitoring locations under subparagraph (i), the system may not remain on reduced monitoring after the dates identified in clause (A) for compliance with this subparagraph.
(E) General monitoring and compliance requirements.
(I) A system required to monitor quarterly shall calculate LRAAs for TTHM and HAA5 using monitoring results collected under this subparagraph and determine that each LRAA does not exceed the MCL. A system that fails to complete 4 consecutive quarters of monitoring, shall calculate compliance with the MCL based on the average of the available data from the most recent 4 quarters. A system that takes more than one sample per quarter at a monitoring location shall average all samples taken in the quarter at that location to determine a quarterly average to be used in the LRAA calculation.
(II) A system required to monitor yearly or less frequently shall determine that each sample result is less than the MCL. If any single sample result exceeds the MCL, the system shall comply with the requirements of clause (D). If no sample result exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location.
(III) A system required to conduct quarterly monitoring, shall make compliance calculations at the end of the 4th calendar quarter that follows the compliance date and at the end of each subsequent quarter, or earlier if the LRAA calculated based on fewer than 4 quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters. A system required to conduct monitoring at a frequency that is less than quarterly shall make compliance calculations beginning with the first compliance sample taken after the compliance date.
(IV) A system is in violation of the MCL when the LRAA at any location exceeds the MCL for TTHM or HAA5, calculated based on 4 consecutive quarters of monitoring, or the LRAA calculated based on fewer than 4 quarters of data if the MCL would be exceeded regardless of the monitoring results of subsequent quarters. A system is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if it fails to monitor.
(iii) Clorite.* * *
* * * * * [(iii)] (iv) Bromate. Community water systems and nontransient noncommunity water systems that use ozone for disinfection or oxidation shall monitor for bromate.
* * * * * (B) Reduced monitoring.
(I) [For] Until March 31, 2009, systems that have an average source water bromide concentration that is less than 0.05 mg/L based upon representative monthly bromide measurements for 1 year, the required monitoring is reduced from monthly to quarterly. Systems on reduced monitoring shall continue to take monthly samples for source water bromide. If the running annual average source water bromide concentration, computed quarterly, equals or exceeds 0.05 mg/L based upon representative monthly measurements, the system shall revert to routine monitoring as prescribed by clause (A).
(II) Beginning April 1, 2009, a system required to analyze for bromate may reduce monitoring from monthly to quarterly, if the system's running annual average bromate concentration computed quarterly is less than or equal to 0.0025 mg/L based on monthly measurements as prescribed in clause (A) for the most recent 4 quarters. Systems qualifying for reduced bromate monitoring under subclause (I) may remain on reduced monitoring as long as the running annual average of quarterly bromate samples is less than or equal to 0.0025 mg/L. If the running annual average bromate concentration is greater than 0.0025 mg/L, the system shall resume routine monitoring as prescribed under clause (A).
[(iv)] (v) [Disinfection byproducts] DBP precursors. * * *
* * * * *
Subchapter G. SYSTEM MANAGEMENT RESPONSIBILITIES § 109.701. Reporting and recordkeeping.
(a) Reporting requirements for public water systems. Public water systems shall comply with the following requirements:
* * * * * (8) Reporting requirements for disinfectant residuals. [Public] In addition to the reporting requirements specified in paragraph (1), public water systems shall report MRDL monitoring data as follows:
(i) [For systems] Systems monitoring for chlorine dioxide under § 109.301(13) [:
(A) The dates, results, and locations of the samples that were taken during the previous month.
(B) Whether the MRDL was exceeded.
(C) Whether the MRDL was exceeded during any 2-consecutive daily samples and whether the resulting violation was acute or nonacute] shall report the number of days chlorine dioxide was used at each entry point during the last month.
(ii) [For systems] Systems monitoring for either chlorine or chloramines under § 109.301(13) [: shall report the arithmetic average of all distribution samples taken in the last month.
(A) The number of samples taken during each month of the previous quarter.
(B) The monthly arithmetic average of all samples taken in each month for the last 12 months.
(C) The arithmetic average of all monthly averages for the last 12 months.
(D) Whether the MRDL was exceeded.] shall report the arithmetic average of all distribution samples taken in the last month.
(9) Reporting requirements for disinfection byproducts.
(i) Systems monitoring for TTHMs and HAA5 under § 109.301(12) shall report the following:
(A) Systems monitoring on a quarterly or more frequent basis shall report the following:
(I) The number of samples taken during the last quarter.
(II) The date, location and result of each sample taken during the last quarter.
(III) The arithmetic average of all samples taken in the last quarter.
(IV) The annual arithmetic average of the quarterly arithmetic averages for the last 4 quarters.
(V) Whether the annual arithmetic average exceeds the MCL for either TTHM or HAA5.
(B) Systems monitoring less than quarterly, but no less than annually shall report the following:
(I) The number of samples taken during the last year.
(II) The date, location and result of each sample taken during the last monitoring period.
(III) The arithmetic average of all samples taken in the last year.
(IV) Whether the annual arithmetic average exceeds the MCL for either TTHM or HAA5.
(C) Systems monitoring less than annually shall report the following:
(I) The date, location and result of the last sample taken.
(II) Whether the sample exceeds the MCL for either TTHM or HAA5.
(ii) Systems monitoring for chlorite under § 109.301(12) shall report the following:
(A) The number of samples taken during the last month.
(B) The date, location and result of each entry point and distribution sample taken during the last month.
(C) The arithmetic average of each three-sample set of distribution samples taken during the last month.
(D) Whether the monthly arithmetic average exceeds the MCL.
(iii) Systems monitoring for bromate under § 109.301(12) shall report the following:
(A) The number of samples taken during the last quarter.
(B) The date, location and result of each sample taken during the last quarter.
(C) The arithmetic average of the monthly arithmetic averages of all samples taken in the last year.
(D) Whether the annual arithmetic average exceeds the MCL.]
[(10)] Reporting requirements for [disinfection byproducts] DBP precursors. * * *
* * * * * (d) Record maintenance. The public water supplier shall retain on the premises of the public water system or at a convenient location near the premises the following:
(1) Records of bacteriological analyses and turbidity analysis which shall be kept for at least 5 years, and records of chemical analyses which shall be kept for at least 12 years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, if the following information is included:
* * * * * (g) Monitoring plans for disinfectants, [disinfection byproducts] DBPs and [disinfection byproduct] DBP precursors.
(1) Stage 1 DBP Rule. Systems required to monitor for disinfection byproducts under § 109.301(12)(i) or disinfection byproduct precursors under § 109.301(12)(v) or disinfectant residuals under § 109.301(13) shall develop and implement a monitoring plan. The system shall maintain the plan and make it available for inspection by the Department and the general public no later than 30 days following the applicable compliance dates. All systems that use either surface water or GUDI sources shall submit a copy of the monitoring plan to the Department no later than 30 days prior to the date of the first report required under this subchapter. The Department may also require the plan to be submitted by any other system, regardless of size or source water type. After review, the Department may require changes in any of the plan components.
[(1)] (i) The plan [shall] must include the following components:
[(i)] (A) * * *
[(ii)] (B) * * *
[(iii)] (C) * * *
[(iv)] (D) * * *
[(2)] (ii) * * *
(iii) Copies of Stage 1 DBP Rule monitoring plans developed under this paragraph shall be kept for the same period of time as the Stage 1 DBP Rule records of analyses are required to be kept under subsection (d)(1).
(2) Stage 2 DBP Rule. Systems required to monitor for disinfection byproducts under § 109.301(12)(ii) shall comply with the following:
(i) IDSE requirements. The IDSE requirements established by the EPA under the National Primary Drinking Water Regulations in 40 CFR 141.600--141.605 (relating to initial distribution system evaluations) are incorporated by reference except as otherwise established by this chapter.
(ii) Stage 2 DPB Rules Compliances monitoring plan.
(A) A public water system shall develop and implement a monitoring plan to be kept on file for Department and public review. The monitoring plan must contain the elements in subclauses (I)--(IV) and be completed no later than the date systems conduct their initial monitoring under this subpart.
(I) Monitoring locations,
(II) Monitoring dates,
(III) Compliance calculation procedures,
(IV) Monitoring plans for any other systems in the combined distribution system if the Department has reduced monitoring requirements under the Department authority.
(B) Public water systems not required to submit an IDSE report under either 40 CFR 141.601 or 141.602 (relating to standard monitoring; and system specific studies) as incorporated by reference, and do not have sufficient § 109.301(12)(i) monitoring locations to identify the required number of compliance monitoring locations, shall identify additional locations by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of compliance monitoring locations have been identified. The system shall also provide the rationale for identifying the locations as having high levels of TTHM or HAA5. Systems that have more monitoring locations than required for compliance monitoring shall identify which locations will be used for compliance monitoring by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of compliance monitoring locations have been identified.
(C) A public water system shall submit a copy of its monitoring plan to the Department prior to the date for initial monitoring specified in § 109.301(12)(ii), unless the system submits to the Department an IDSE report containing all the information required by clause (A).
(D) A public water system may revise its monitoring plan to reflect changes in treatment, distribution system operations and layout (including new service areas), or other factors that may affect TTHM or HAA5 formation, or for Department-approved reasons, after consultation with the Department regarding the need for changes and the appropriateness of changes. A system that changes monitoring locations, shall replace existing compliance monitoring locations with the lowest LRAA with new locations that reflect the current distribution system locations with expected high TTHM or HAA5 levels. The Department may also require modifications in the system's monitoring plan. A system using surface water or GUDI sources and serving more than 3,300 people, shall submit a copy of its modified monitoring plan to the Department prior to the date the system is required to comply with the revised monitoring plan.
(iii) Operational evaluation levels.
(A) The operational evaluation level for TTHM and HAA5 is the sum of the two previous quarterly results plus twice the current quarter's result, divided by 4. Each quarter, public water systems shall calculate the TTHM and HAA5 operation evaluation levels for each monitoring location.
(B) If the TTHM operational evaluation level exceeds 0.080 mg/L, or the HAA5 operational evaluation level exceeds 0.060 mg/L at any monitoring location, the system shall conduct an operational evaluation to identify the cause of the exceedence and submit a written report of the evaluation to the Department no later than 90 days after being notified of the analytical result that causes the system to exceed the operational evaluation level. The written report must be made available to the public upon request.
(C) The operational evaluation must include an examination of system treatment and distribution operational practices, including storage tank operations, excess storage capacity, distribution system flushing, changes in sources or source water quality, and treatment changes or problems that may contribute to TTHM and HAA5 formation and what steps could be considered to minimize future exceedances.
(I) A system may request and the Department may allow a system to limit the scope of evaluation if the system is able to identify the cause of the operational evaluation level exceedance.
(II) The request to limit the scope of the evaluation does not extend the schedule in subclause (I) for submitting the written report. The Department must approve this limited scope of evaluation in writing and systems shall keep that approval with the completed report.
(iv) Reporting and recordkeeping requirements.
(A) For each monitoring location, public water systems shall report to the Department within 10 days of the end of any quarter in which monitoring is required any TTHM operational evaluation level that exceeded 0.080 mg/L and any HAA5 operational evaluation level that exceeded 0.060 mg/L during the quarter and the location, date, and the TTHM and HAA5 calculated operation evaluation level.
(B) Copies of Stage 2 DBP Rule monitoring plans developed under this subparagraph shall be kept for the same period of time as the Stage 2 DBP Rule records of analyses are required to be kept under subsection (d)(1).
* * * * *
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), and § 109.1202(relating to monitoring requirements). (Editor's Note: The Department is proposing to add § 109.1202 at 38 Pa.B. 7035 (December 20, 2008).) The monitoring requirements shall be applied as follows, except that systems which have installed treatment to comply with a primary MCL shall conduct quarterly operational monitoring for the contaminant which the facility is designed to remove:
(1) Bottled water systems, retail water facilities and bulk water hauling systems, for each entry point shall:
* * * * * (viii) TTHM and HAA5 Stage 1 DBP Rule. Beginning January 1, 2004, monitor annually for TTHMs and HAA5 if the system uses a chemical disinfectant or oxidant, or obtains finished water from another public water system that uses a chemical disinfectant or oxidant to treat the [finished] water. 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 obtain finished water from another public water system that uses a chlorine-based disinfectant or oxidant to treat the [finished] water.
(A) Routine monitoring. * * *
(B) Reduced monitoring. * * *
(I) Systems that use groundwater sources shall reduce monitoring to [1] 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. The 3-year cycle shall begin on January 1 following the quarter in which the system qualifies for reduced monitoring.
(II) Systems that use groundwater sources that qualify for reduced monitoring shall remain on reduced monitoring if the TTHM annual average is no greater than 0.060 mg/L and the HAA5 annual average is no greater than 0.045 mg/L. Systems that exceed these levels shall resume routine monitoring as prescribed in clause (A), except that systems that exceed either a TTHM or HAA5 MCL shall increase monitoring to at least [1] one sample per quarter per entry point beginning in the quarter immediately following the quarter in which the system exceeds the TTHM or HAA5 MCL.
(ix) TTHM and HAA5 Stage 2 DBP Rule. Beginning October 1, 2013, monitor annually for TTHMs and HAA5 if the system uses a chemical disinfectant or oxidant to treat the water, or obtains finished water from another public water system that uses a chemical disinfectant or oxidant to treat the water as follows:
(A) Routine monitoring. Systems shall take at least one dual sample set per year per entry point during the month of warmest water temperature.
(B) Increased monitoring. If any sample results exceed either a TTHM or HAA5 MCL, the system shall take at least one dual sample set per quarter per entry point. The system shall return to the sampling frequency of one dual sample set per year per entry point if, after at least 1 year of monitoring, each TTHM sample result is no greater than 0.060 mg/L and each HAA5 sample result is no greater than 0.045 mg/L.
(x) Beginning January 1, 2004, monitor daily for chlorite if the system uses chlorine dioxide for disinfection or oxidation. Systems shall take at least one daily sample at the entry point. If a daily sample exceeds the chlorite MCL, the system shall take three 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)] (xi) Beginning January 1, 2004, monitor monthly for bromate if the system uses ozone for disinfection or oxidation.
(A) Routine monitoring. * * *
(B) Reduced monitoring. * * *
(I) [Systems] Until March 31, 2009, systems shall reduce monitoring for bromate from monthly to quarterly if 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).
(II) Beginning April 1, 2009, a system required to analyze for bromate may reduce monitoring from monthly to quarterly, if each sample result is less than or equal to 0.0025 mg/L based on monthly measurements as prescribed in clause (A) for the most recent 12 months. Systems qualifying for reduced bromate monitoring under subclause (I) may remain on reduced monitoring as long as each sample result from the previous 12 months is less than or equal to 0.0025 mg/L. If any sample result exceeds 0.0025 mg/L, the system shall resume routine monitoring as prescribed under clause (A).
* * * * *
[Pa.B. Doc. No. 08-2337. Filed for public inspection December 19, 2008, 9:00 a.m.]
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