PROPOSED RULEMAKING
[25 PA. CODE CH. 109]
Safe Drinking Water; Radionuclides Rule
[33 Pa.B. 1239] The Environmental Quality Board (Board) proposes to amend Chapter 109 (relating to safe drinking water). The proposed amendments include requirements for uranium, which is not currently regulated, and revisions to the monitoring requirements for combined radium-226 and radium-228, gross alpha particle radioactivity, and beta particle and photon radioactivity. In addition, the amendments make the radionuclides regulations more consistent with other regulations, such as revisions to monitoring frequencies and the point of compliance.
This proposal was adopted by the Board at its meeting of December 17, 2002.
A. Effective Date
These proposed amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information, contact Jeffrey A. Gordon, Chief, Division of Drinking Water Management, P. O. Box 8467, Rachel Carson State Office Building, Harrisburg, PA 17105-8467, (717) 772-4018; or Marylou Barton, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposal appears in Section I of this preamble. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection's (Department) website (http://www.dep.state.pa.us).
C. Statutory Authority
The proposed rulemaking is being made under the authority of section 4 of the Pennsylvania Safe Drinking Water Act (35 P. S. § 721.4), which grants the Board the authority to adopt rules and regulations governing the provision of drinking water to the public and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-7 and 510-20).
D. Background and Purpose
In 1976, National Interim Primary Drinking Water Regulations were promulgated for radium-226 and radium-228, gross alpha particle radioactivity and beta particle and photon radioactivity. The 1986 reauthorization of the Safe Drinking Water Act (SDWA) required the Environmental Protection Agency (EPA) to promulgate maximum contaminant level (MCL) goals and National Primary Drinking Water Regulations for the previously listed radionuclides, radon and uranium.
In 1991, the EPA proposed new radionuclide regulations. These proposed regulations established MCLGs for all of the radionuclides, established MCLs for uranium (20 pCi/l or 30 µg/l) and radon (300 pCi/l) and revised the MCLs for radium-226 (20 pCi/l), radium-228 (20 pCi/l) and beta and photon radioactivity (4 mrem-effective dose equivalent). The proposal also established a standard monitoring framework and changed the monitoring requirements for beta and photon radioactivity from large systems using surface water and serving over 100,000 people to only those systems that are vulnerable to contamination by radionuclides. The proposed regulation proved controversial, especially the radon component, and the regulation was not finalized at the time.
On April 21, 2000, the EPA published a Notice of Data Availability (NODA) on radionuclides. The NODA included updated information on the health effects of the radionuclides. Based on the updated information, the EPA reestablished the combined radium MCL at 5 pCi/l, the beta and photon radioactivity at 4 mrem/year and requested comments on establishing a uranium MCL of 20, 40 or 80 µg/l or pCi/l. The EPA excluded radon from the proposed radionuclides rule as required by the 1996 SDWA amendments.
The EPA finalized the radionuclides rule on December 7, 2000. The final Federal regulation applies to all community water systems, retains the MCLs for combined radium-226 and radium-228, gross alpha particle activity, beta and photon radioactivity, and establishes the uranium MCL at 30 µg/l, based on kidney toxicity. The final rule also retains the standard monitoring framework proposed in 1991, as well as beta and photon radioactivity monitoring only for systems that are designated as vulnerable to radionuclide contamination or which utilize waters contaminated by effluents from nuclear facilities. The deadline for adoption of this regulation is 2 years after Federal promulgation, or December 7, 2002. An extension has been requested from the EPA to allow the Commonwealth to maintain primacy for the Safe Drinking Water Program.
To ensure that every customer's water meets the MCLs for radionuclides, the Department's Radionuclides Rule requires monitoring at each entry point to a community water system's distribution system. This requirement is consistent with the monitoring requirements for other, comparable drinking water contaminants. By contrast, the 1976 Rule protected only ''the average customer'' by requiring the collection of monitoring samples from a ''free flowing tap.''
The Water Resources Advisory Committee (WRAC) reviewed the Department's proposed rulemaking at its meetings on May 8, 2002, and July 10, 2002. The WRAC supported the Department's watershed approach, rather than the 15-mile radius approach recommended by the EPA. They also advised that clarification for several terms was needed. These terms included: ''nuclear facility,'' ''vulnerable,'' ''contaminated'' and ''vicinity.'' The WRAC further recommended that the emphasis for this program should be on pathways of exposure. The WRAC suggested that the Department consider discussing these issues in the preamble rather than including them in the regulation, because there are no comparable definitions in the Federal rule.
The Department has considered the recommendations of the WRAC. It appreciates the WRAC's concurrence with the watershed approach to vulnerability, agrees that the terms are vague and that clarification should be provided. The terms are clarified in Section E of this preamble. These clarifications were discussed with the WRAC at its July 10, 2002, meeting, and there was general agreement with the meanings of the terms. There was a concern that some leaking landfills could be sources of radionuclides. However, since the vast majority of leaking landfills are not sources of radionuclides, they are not considered nuclear facilities. If any leaking landfill is discovered to be a source of radionuclides, it will be considered on a case-by-case basis. The issue of pathways was discussed in the context of this drinking water regulation. In the case of a release from a nuclear facility, the release will be confined to the watershed if the release is to the ground surface or to surface water. Therefore, the determination of vulnerability as proposed is still valid. The only possibility of the release migrating from the watershed is the case of a release to the atmosphere. To cover this possibility, the Department has compiled a list of community water systems within a 15-mile radius. This list may be utilized to notify water systems in the event of an atmospheric release of radionuclides.
The members of the Technical Assistance Center (TAC) for Small Water Systems were sent the regulation on May 8, 2002. The TAC discussed the regulation at its August 13, 2002, meeting, and chose to submit no written comments.
E. Summary of Regulatory Requirements
The proposed amendments reflect, and are not more stringent than, new Federal requirements, unless otherwise specified. The amendments are being proposed because there is no language currently in Chapter 109 that addresses the new Federal requirements.
The Safe Drinking Water Program plans to involve and inform the public of the proposed amendments through publication in the Pennsylvania Bulletin. The Department will also post notice and information about the amendments on the Department's website at www.dep.state.pa.us. The Safe Drinking Water Program staff is also prepared to attend public meetings if invited to do so.
The Federal Radionuclides Rule was promulgated on December 7, 2000. A new MCL for uranium has been established at 30 µg/l to protect drinking water customers from uranium levels that may cause toxic effects to the kidney and reduce cancer risk. This proposed rulemaking also establishes new monitoring requirements for uranium and revised monitoring requirements for the currently regulated radionuclides.
Changes include an analysis for both radium-226 and radium-228 and monitoring at the entry points to the distribution system rather than at a ''free flowing tap'' within the distribution system.
This proposed rulemaking also allows reduced monitoring frequencies in systems where the concentrations of radionuclides are low, resulting in decreased costs for compliance with the regulation.
This proposed rulemaking drops the requirement for large systems using surface water sources to monitor for beta and photon radioactivity and only requires beta and photon analyses for systems that are designated as vulnerable or using waters contaminated by effluents from nuclear facilities. The EPA recommends that states use all available resources to determine a system's vulnerability to beta particle and photon emitters including the following: quality and completeness of any historical beta particle and photon emitter monitoring results and the proximity of the results to the MCL; the Nuclear Regulatory Commission's (NRC) list of licenses and location in the state and surrounding states; geology of the aquifer and/or hydrology of the watershed; and the location and proximity of the drinking water facility to nuclear facilities. The EPA recommends the use of a 15-mile radius from nuclear facilities as the designation for vulnerability. The Commonwealth feels this criterion to be excessive. Therefore, the Department is proposing to utilize a watershed-based approach to determining vulnerability to contamination from nuclear facilities. Systems lying in the same watershed as a nuclear facility will be designated as vulnerable to contamination. Additional systems may be designated as vulnerable if the watershed contains hazardous geologic conditions, including carbonate geology, highly fractured bedrock or gravel deposits. Vulnerable systems will be notified by the Department.
The EPA states that states should use any historical beta particle and photon emitter monitoring results to determine whether a system is utilizing waters contaminated by effluents from nuclear facilities. Systems with wide variations in the analytical results or analytical results close to the MCL should be considered a system contaminated by a radioactive source. Systems designated as utilizing waters contaminated by effluents from nuclear facilities will be notified by the Department.
Major components of the amendments include the following:
§ 109.301(14) (relating to general monitoring requirements).
This paragraph requires community water systems to monitor for compliance with the MCLs for radionuclides established by the EPA.
§ 109.301(14)(i)
This subparagraph establishes monitoring requirements for gross alpha particle activity, radium-226, radium-228 and uranium.
§ 109.301(14)(i)(A)
This clause establishes a time schedule for initial monitoring for community water systems, based on the number of customers served. The Department has established a phased-in monitoring schedule to allow the smaller systems more time to comply, while simultaneously avoiding the possibility of overloading the laboratories.
§ 109.301(14)(i)(A)(I)--(IV)
These subclauses specify monitoring periods for initial sampling, depending on the size of the community water system.
§ 109.301(14)(i)(A)(V)--(VI)
These subclauses specify initial sampling requirements for new entry points associated with new sources.
§ 109.301(14)(i)(A)(VII)
This subclause requires additional sampling for entry points where radionuclides have been detected in concentrations greater than the MCL.
§ 109.301(14)(i)(B)
This clause establishes a schedule for repeat monitoring, based on the results of the initial monitoring. The monitoring frequencies used in this clause are based on the EPA's standardized monitoring schedule. The basis of the schedule is a 3-year period.
§ 109.301(14)(i)(B)(I)--(IV)
These subclauses provide for reduced or increased monitoring frequencies, depending on the results of the most recent sample.
§ 109.301(14)(i)(B)(V)
This subclause prohibits reduced monitoring for systems where treatment has been installed to comply with a radionuclide MCL. For these systems, quarterly performance monitoring and annual compliance monitoring are required. Performance monitoring samples be taken immediately following treatment for the radionuclide or at another location approved by the Department. The EPA would allow reduced monitoring where there is treatment for the radionuclide.
While this provision is more stringent than the Federal requirements, it is needed to protect the public. In addition, the prohibition of reduced monitoring for systems where treatment is required for compliance with the MCL is consistent with the regulations for synthetic organic chemicals, inorganic chemicals and volatile organic chemicals.
§ 109.301(14)(i)(C)
This clause allows the gross alpha particle activity measurement to substitute for the sampling for radium-226, if the alpha activity is less than 5 pCi/l, and for the sampling for uranium, if the alpha activity is less than 15 pCi/l, provided that the gross alpha measurement has a confidence level of 95%. To establish the required 95% confidence level, the measurement error must be added to the analytical result, and the combined result must be less than the level indicated (5 pCi/l for radium-226 and 15 pCi/l for uranium).
§ 109.301(14)(i)(D)(I)--(III)
These subclauses allow for the grandfathering of existing sample results instead of the initial monitoring requirements in certain specified situations.
§ 109.301(14)(ii)
This subparagraph establishes additional monitoring requirements for water systems designated vulnerable or contaminated by effluent from nuclear facilities. Nuclear facilities are defined as nuclear power and nonpower plants, United States Department of Energy facilities, military bases utilizing nuclear materials and radiation-contaminated sites listed on the EPA's National Priority List or the NRC's Site Decommissioning Management Plan.
§ 109.301(14)(ii)(A)
This clause requires sampling for beta emitters, tritium and strontium-90 for systems designated as vulnerable.
For beta particle and photon activity, quarterly samples are required. The system may analyze four separate quarterly samples and average the results or may composite the samples and do one analysis. The EPA recommends the former procedure.
One annual sample is required for tritium and strontium-90. No multiple samples or compositing of samples is required.
§ 109.301(14)(ii)(A)(I)
This subclause allows for reduced monitoring for systems that have a running annual average of gross beta particle activity less than or equal to a screening level of 50 pCi/l.
§ 109.301(14)(ii)(A)(II)
This subclause allows systems in the vicinity of a nuclear facility to utilize the environmental surveillance data collected by the facility instead of monitoring at the system's entry points, where the Department determines that data is applicable to the system.
§ 109.301(14)(ii)(B)
This clause identifies the required sampling for systems designated as utilizing waters contaminated by effluents from nuclear facilities.
§ 109.301(14)(ii)(B)(I)--(V)
These subclauses identify the specific monitoring requirements for gross beta particle activity, iodine-131, strontium-90 and tritium.
§ 109.301(14)(ii)(C)
This clause prohibits water systems required to monitor for beta particle and photon radioactivity from applying for a waiver from the established monitoring frequencies.
§ 109.301(14)(ii)(D)
This clause allows the same or equivalent sample used for the beta particle activity to be analyzed for potassium-40 and provides a method for determining the activity of potassium-40 based on its concentration.
§ 109.301(14)(ii)(E)
This clause requires the identification of radioactive compounds and the calculation of the dosages from the compounds if the gross beta particle activity minus the potassium-40 activity exceeds the established screening levels. The dosages from all constituents shall be summed to determine compliance with the MCL.
§ 109.301(14)(ii)(F)
This clause requires monthly monitoring for systems that exceed the MCL for gross beta particle activity. It also provides for the return to quarterly monitoring if the MCL has been met by a rolling average of 3 monthly samples.
§ 109.301(14)(iii)
This subparagraph establishes general monitoring and compliance requirements.
§ 109.301(14)(iii)(A)
This clause allows the Department to require more frequent monitoring than specified, or may require confirmation samples, if it believes these samples are needed.
§ 109.301(14)(iii)(B)
This clause provides that each system shall monitor at the time designated by the Department during each compliance period.
§ 109.301(14)(iii)(C)
This clause provides a mechanism whereby compliance with the MCLs is determined for each entry point. If one entry point is in violation of the MCL, the entire system is in violation of the MCL.
§ 109.301(14)(iii)(D)
This clause allows the Department to delete results of obvious sampling or analytical errors.
§ 109.303(h)
This subsection provides the requirements for the compositing of quarterly sampling for radium-226, radium-228 and uranium.
§ 109.303(i)
This subsection provides for the compositing of samples for beta particle and photon radioactivity.
§ 109.303(j)
This subsection provides acceptable locations for the performance sampling required under § 109.301(14)(i) (B)(V). Performance sampling has been prohibited at entry points, since the EPA has indicated that any sample taken at a compliance point (that is entry point) must be used as a compliance sample.
F. Benefits, Costs and Compliance
Benefits
The purpose of this radionuclide proposed rulemaking is to minimize the public risk of consuming drinking water containing unsafe levels of naturally occurring and manmade radionuclides.
The current regulations do not provide protection from kidney damage due to the presence of high levels of uranium in drinking water. The new uranium MCL will reduce the exposure of 620,000 persons to this contaminant, will protect CWS customers from exposure to uranium at levels that may cause kidney damage and will reduce the risk of cancer caused by exposure to uranium. An estimated 0.8 cancer cases are expected to be avoided annually due to the MCL, resulting in estimated benefits of $3 million per year. (The monetary benefits from reduced kidney damage cannot be quantified because of limitation in existing health effects models at levels near the MCL.) Reducing the presence of uranium in drinking water will also remove other contaminants, providing additional benefits to CWS customers.
The current regulations do not require the analysis of radium-228 unless the gross alpha particle activity is greater than 5 pCi/l. However, since radium-228 is a beta emitter, linking the sampling to results of alpha particle activity is not protective of health. The new rule sets separate monitoring requirements for radium-228, which are expected to reduce the exposure of 420,000 persons and result in the avoidance of 0.4 cancer cases per year, with estimated monetized health effects benefits of $2 million annually. Water mitigation for radium also tends to reduce iron and manganese levels and hardness, which also has significant associated benefits.
In addition to providing increased public protection, the proposed rulemaking allows for reduced monitoring frequencies in systems where the concentration of radionuclides is low. The reduced monitoring will result in lower costs for compliance with the proposed rulemaking.
Compliance Costs
The compliance cost depends on the number of entry points to the distribution system for a CWS and whether the MCL is exceeded. CWSs have been monitoring for gross alpha and radium since the late 1970s. Since 1986, Commonwealth CWSs have also been monitoring for both radium-226 and radium-228 when the gross alpha exceeds 5 pCi/L. Commonwealth CWSs that have exceeded the combined radium MCL have either provided treatment or abandoned the source. The Department will also use the option that allows the grandfathering of previous compliance monitoring results to reduce the initial compliance monitoring for gross alpha and combined radium, as well as uranium, if applicable. There should be minimal additional monitoring costs associated with the combined radium MCL, except possibly for those CWSs which have more than a single entry point to the distribution system.
The only new MCL is for uranium. The EPA has estimated that the cost for the analysis of total uranium is approximately $48 per sample (by laser phosphorimetry, 1999 dollars). The cost to individual CWSs will depend on the number of entry points. The larger systems will have more entry points than a smaller system. The cost estimate for uranium testing has been estimated to be $37--$512 per year per system.
EPA has not done a cost analysis for the uranium MCL of 30 µg/l. They have, however, done cost analyses for MCLs of 20 µg/l and 40 µg/l. Based on these, it is estimated that Nationwide, between 430 and 970 CWSs will require treatment to meet the uranium MCL with a total estimated annual cost of $68 million to $157 million.
Compliance Assistance Plan
The Safe Drinking Water Program utilizes the Commonwealth's Pennsylvania Infrastructure Investment Authority 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 the Safe Drinking Water Program staff or the regulated community. Training is anticipated for water systems in the fall of 2003.
In addition to this network of training staff, the Bureau of Water Supply and Wastewater Management has a division dedicated to providing both training and outreach support services to public water system operators. The Department's website also contains the Drinking Water and Wastewater Operator Information Center Internet site, which provides a bulletin board of timely, useful information for treatment plant operators.
Paperwork Requirements
Community water systems are already required to monitor for radionuclides. Systems may use existing forms for compliance with this proposed rulemaking. It is anticipated that the majority of systems will be able to monitor on 6-year and 9-year frequencies, rather than the 4-year frequency that is required under the existing regulations. This reduced monitoring frequency will reduce the paperwork and recordkeeping requirements.
G. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulation effectively fulfills 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 February 21, 2003, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Department within 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 Department, 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 objections regarding the proposed rulemaking to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by April 7, 2003. 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 April 7, 2003. 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 regulation 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 March 31, 2003. 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.
KATHLEEN A. MCGINTY,
Acting ChairpersonFiscal Note: 7-381. (1) General Fund;
Environ-
mentalEnviron-
mentalProtection Program Opera-
tionsManage-
ment(2) Implementing Year 2002-03 is $ 0 $ 0 (3) 1st Succeeding Year 2003-04 is $ 8,364 $ 1,836 2nd Succeeding Year 2004-05 is $ 8,364 $ 1,836 3rd Succeeding Year 2005-06 is $ 8,364 $ 1,836 4th Succeeding Year 2006-07 is $ 1,968 $ 432 5th Succeeding Year 2007-08 is $ 1,968 $ 432
Environmental Environmental Protection Program Operations Management (4) 2001-02 Program-- $75,074,000 $43,354,000 2000-01 Program-- $76,018,000 $41,471,000 1999-00 Program-- $71,402,000 $40,200,000 (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF
NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 109. SAFE DRINKING WATER
Subchapter 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:
* * * * * (14) Monitoring requirements for radionuclides. Community water systems shall monitor for compliance with the MCLs for radionuclides established by the EPA under 40 CFR 141.66(b), (c), (d) and (e) (relating to MCLs for radionuclides). The monitoring shall be conducted according to the requirements established by EPA under 40 CFR 141.25 and 141.26 (relating to monitoring frequency; and compliance requirements) which are incorporated by reference, except as modified by this chapter. Initial or first-year monitoring mentioned in this paragraph refers to monitoring conducted on or after January 1, 2004.
(i) Monitoring requirements for gross alpha particle activity, radium-226, radium-228 and uranium.
(A) Initial monitoring schedule. The initial monitoring shall consist of four consecutive quarterly samples for each radionuclide at each entry point in accordance with the following monitoring schedule except for systems that are granted reduced initial monitoring in accordance with subclause (VI).
(I) Systems serving more than 10,000 persons shall begin monitoring during the quarter beginning January 1, 2004.
(II) Systems serving more than 3,301 persons to 10,000 persons shall begin monitoring during the quarter beginning January 1, 2005.
(III) Systems serving 500 to 3,300 persons shall begin monitoring during the quarter beginning January 1, 2006.
(IV) Systems serving fewer than 500 persons shall begin monitoring during the quarter beginning January 1, 2007.
(V) Systems that add new entry points associated with new sources shall begin initial quarterly monitoring during the first quarter the entry point begins serving the public. Quarterly monitoring shall continue until reduced monitoring is granted in accordance with clause (B) or subclause (VI).
(VI) If the first two quarterly samples for each radionuclide at each entry point have results below the detection limit, as defined in 40 CFR 141.25(c)(1), the final two quarterly samples for that radionuclide at that entry point are waived.
(VII) For entry points at which the monitoring result for an entry point is above the MCL, the system shall collect and analyze quarterly samples at that entry point until the system has results from 4 consecutive quarters at that entry point that are at or below the MCL.
(B) Repeat monitoring. Beginning on January 1, 2008, systems shall take one sample for each radionuclide at each entry point in each 3-year compliance period, unless the system qualifies for reduced monitoring as follows:
(I) For entry points where the average of the initial monitoring results for each radionuclide is at or above the detection limit as defined in 40 CFR 141.25(c)(1), but at or below one-half of the MCL for that radionuclide, the repeat monitoring is reduced to one sample for that radionuclide at that entry point every 6 years.
(II) For entry points where the average of the initial monitoring results for each radionuclide is below the detection limit as defined in 40 CFR 141.25(c)(1), the repeat monitoring is reduced to one sample for that radionuclide at each entry point every 9 years.
(III) If a system has a monitoring result that exceeds the MCL while on reduced monitoring, the system shall collect and analyze quarterly samples for that radionuclide at that entry point beginning the next calendar quarter following the exceedance until the system has results from 4 consecutive quarters for that radionuclide at that entry point that are below the MCL.
(IV) Systems shall use the results of the samples collected during the reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods.
(V) Reduced monitoring does not apply to those systems where treatment has been installed for radionuclide removal to comply with an MCL listed under 40 CFR 141.66. Compliance monitoring for radionuclides where treatment has been installed to comply with an MCL shall be conducted at least annually, and performance monitoring for the specific radionuclides for which treatment is provided shall be conducted quarterly.
(C) Gross alpha substitution. A gross alpha particle activity measurement may be substituted for the required radium-226 measurement provided that the measured gross alpha particle activity does not exceed 5 pCi/l. A gross alpha particle activity measurement may be substituted for the required uranium measurement provided that the measured gross alpha particle activity does not exceed 15 pCi/l. The gross alpha measurement shall have a confidence interval of 95% (1.65phi, where phi is the standard deviation of the net counting rate of the sample) for radium-226 and uranium. If the gross alpha particle activity result is less than detection as defined in 40 CFR 141.25(c)(1), one-half of the detection limit will be used to determine compliance and the future monitoring frequency.
(D) Grandfathering. The Department will allow historical monitoring data collected at an entry point to satisfy the initial monitoring requirements required under clause (A) for that entry point in the following situations:
(I) A system having only one entry point may use the monitoring data from the compliance monitoring period between June 2000 and December 8, 2003.
(II) A system with multiple entry points and having appropriate historical monitoring data for each entry point may use the monitoring data from the compliance monitoring period between June 2000 and December 8, 2003.
(III) A system with multiple entry points and having appropriate historical data for a representative point in the distribution system may use the monitoring data from the compliance monitoring period between June 2000 and December 8, 2003, provided that the Department finds that the historical data satisfactorily demonstrate that each entry point is expected to be in compliance based upon the historical data and reasonable assumptions about the variability of radionuclide levels between entry points. The system shall supply sufficient information to allow the Department to make a written finding indicating how the data conform to these requirements.
(ii) Monitoring requirements for beta-particle and photon radioactivity.
(A) Systems designated by the Department as vulnerable to beta-particle or photon radioactivity or both shall sample for beta particle and photon radioactivity. Systems shall collect quarterly samples for beta emitters and annual samples for tritium and strontium-90 at each entry point, beginning within 1 quarter after being notified by the Department.
(I) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at an entry point has a running annual average (computed quarterly) less than or equal to 50 pCi/L (screening level), the frequency of monitoring at that entry point shall be repeated every 3 years. Systems shall collect all samples required in clause (A) during the reduced monitoring period.
(II) For systems in the vicinity of a nuclear facility, the system may utilize environmental surveillance data collected by the nuclear facility in lieu of monitoring at the system's entry points, when the Department determines that the data is applicable to the system. If there is a release from a nuclear facility, systems that are using surveillance data shall begin monitoring at the community water system's entry points in accordance with clause (A).
(B) Systems designated by the Department as utilizing waters contaminated by effluents from nuclear facilities shall sample for beta particle and photon radioactivity. Systems shall monitor quarterly for beta emitters and iodine-131, and annually for tritium and strontium-90 at each entry point, beginning within 1 quarter after being notified by the Department. Monitoring shall be conducted as follows:
(I) Monitoring for gross beta particle activity shall be based on the average of an analysis of 3 monthly samples.
(II) For iodine-131, a composite of 5 consecutive daily samples shall be analyzed once each quarter. More frequent monitoring, as determined by the Department, shall be conducted when iodine-131 is identified in the finished water.
(III) Monitoring for strontium-90 and tritium shall be conducted by means of the analysis of four quarterly samples.
(IV) If the gross beta particle activity beta minus the naturally occurring potassium-40 beta particle activity at an entry point has a running annual average (computed quarterly) less than or equal to 15 pCi/L (screening level), the frequency of monitoring at that entry point shall be reduced to four consecutive quarterly samples taken once every 3 years. Systems shall collect all samples required in clause (B) during the reduced monitoring period.
(V) For systems in the vicinity of a nuclear facility, the system may utilize environmental surveillance data collected by the nuclear facility in lieu of monitoring at the system's entry points, when the Department determines that the data is applicable to the system. If there is a release from a nuclear facility, systems that are using surveillance data shall begin monitoring at the system's entry points in accordance with clause (B).
(C) Systems designated by the Department to monitor for beta particle and photon radioactivity may not apply to the State for a waiver from the monitoring frequencies specified in clause (A) or (B).
(D) Systems may analyze for naturally occurring potassium-40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis. The potassium-40 beta particle activity shall be calculated by multiplying elemental potassium concentrations (in mg/L) by a factor of 0.82.
(E) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity exceeds the screening level, an analysis of the sample shall be performed to identify the major radioactive constituents present in the sample. The results of the individual constituent analysis shall be reported in pCi/l, and the appropriate doses shall be calculated and summed to determine compliance with the MCL, using the formula in 40 CFR 141.66(d)(2). Doses shall also be calculated and combined for measured levels of tritium and strontium to determine compliance.
(F) Systems shall monitor monthly at the entry points that exceed the MCL beginning the month after the exceedance occurs. Systems shall continue monthly monitoring until the system has established, by a rolling average of three monthly samples, that the MCL is being met. Systems that establish that the MCL is being met shall return to quarterly monitoring until they meet the requirements in subclause (A)(I) or (B)(IV).
(iii) General monitoring and compliance requirements.
(A) The Department may require more frequent monitoring than specified in subparagraphs (i) and (ii), or may require confirmation samples. The results of the initial and confirmation samples will be averaged for use in compliance determinations.
(B) Each system shall monitor at the time designated by the Department during each compliance period.
(C) Compliance with the MCLs will be determined based on the analytical results obtained at each entry point. If one entry point is in violation of an MCL, the system is in violation of the MCL.
(I) For systems monitoring more than once per year, compliance with the MCL is determined by a running annual average at each entry point. If the running annual average at an entry point is greater than the MCL, the system is in violation of the MCL. If a sample result will cause the running annual average to exceed the MCL at an entry point, the system is in violation of the MCL immediately.
(II) Systems shall include all samples taken and analyzed under this section in determining compliance, even if that number is greater than the minimum required.
(III) If a system does not collect all required samples when compliance is based on a running annual average of quarterly samples, compliance will be based on the running average of the samples collected.
(IV) If a sample result is less than the detection limit, zero will be used to calculate the annual average, unless a gross alpha particle activity is being used in lieu of radium-226 or uranium, or both. If the gross alpha particle activity result is less than detection, one-half of the detection limit will be used to calculate the annual average.
(D) The Department may delete results of obvious sampling or analytic errors.
§ 109.303. Sampling requirements.
* * * * * (h) Samples taken to determine compliance with combined radium-226 and radium-228, gross alpha particle activity, or uranium under 40 CFR 141.66(b), (c) and (e) (relating to MCLs for radionuclides) may be composited from a single entry point if the analysis is done within a year of the date of the collection of the first sample. The Department will treat analytical results from the composited sample as the average analytical result to determine compliance with the MCLs and the future monitoring frequency.
(1) If the analytical result from the composited sample is greater than one-half the MCL, the Department may direct the system to take additional quarterly samples before allowing the system to sample under a reduced monitoring schedule.
(2) Samples obtained from an entry point that contains water treated to specifically meet an MCL for a radionuclide contaminant listed under 40 CFR 141.66(b), (c) or (e) may not be composited.
(i) Samples taken to determine compliance with beta particle and photon radioactivity under 40 CFR 141.66(d) may be composited as follows:
(1) Monitoring for gross beta-particle activity may be based on the analysis of a composite of three monthly samples.
(2) Monitoring for strontium-90 and tritium may be based on the analysis of a composite of four consecutive quarterly samples.
(j) Performance samples required under § 109.301 (14)(i)(B)(V) (relating to genreal monitoring requirements) shall be taken immediately following treatment for the radionuclide, or at another location approved by the Department. Systems may not take performance samples at an entry point.
[Pa.B. Doc. No. 03-396. Filed for public inspection March 7, 2003, 9:00 a.m.]
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