[39 Pa.B. 7279]
[Saturday, December 26, 2009]

[Continued from previous Web Page]

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:

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 (8) Reporting requirements for disinfectant residuals. In addition to the reporting requirements specified in paragraph (1), public water systems shall report MRDL monitoring data as follows:

 (i) Systems monitoring for chlorine dioxide under § 109.301(13) shall report the number of days chlorine dioxide was used at each entry point during the last month.

 (ii) Systems monitoring for either chlorine or chloramines under § 109.301(13) shall report the following:

 (A) The number of samples taken during the month.

 (B) The arithmetic average of all distribution samples taken in the last month.

 (9) Noncompliance report. Except where a different reporting period is specified in this chapter, the water supplier shall report to the Department within 48 hours the failure to comply with any National Primary Drinking Water Regulation, including the failure to comply with any monitoring requirement set forth in this chapter.

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 (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 and turbidity analyses 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:

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 (2) Records of performance monitoring required under § 109.301, except for turbidity, which shall be kept for at least 3 years. Records of turbidity performance monitoring required under § 109.301 shall be kept for at least 5 years. At a minimum, these records must contain the reporting requirements under subsection (a).

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 (g) Monitoring plans for disinfectants, DBPs and DBP precursors.

 (1) Stage 1 DBP Rule. Systems required to monitor for disinfection byproducts under § 109.301(12)(i), 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. 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.

 (i) The plan must include the following components:

 (A) Specific locations and schedules for collecting samples for any parameters included in § 109.301(12) or (13).

 (B) How the system will calculate compliance with the MCLs, MRDLs and treatment techniques.

 (C) If approved for monitoring as a consecutive system, or if providing water to a consecutive system, the sampling plan shall reflect the entire distribution system.

 (D) Systems may consider multiple wells drawing water from a single aquifer as one treatment plant for determining the minimum number of TTHM and HAA5 samples required under § 109.301(12)(i).

 (ii) The system shall notify the Department of subsequent revisions to a monitoring plan as they occur. Revisions to a monitoring plan shall be submitted in written form to the Department within 30 days of notifying the Department of the revisions.

 (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 Rule 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)—(III) and be completed no later than the date systems conduct their initial monitoring under § 109.301(12)(ii)(A).

 (I) Monitoring locations,

 (II) Monitoring dates,

 (III) Compliance calculation procedures

 (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 Stage 2 DBP rule 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 Stage 2 DBP rule 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 Stage 1 DBP rule monitoring locations than required for Stage 2 DBP rule compliance monitoring shall identify which locations will be used for Stage 2 DBP rule compliance monitoring by alternating selection of Stage 1 DBP rule monitoring locations representing high TTHM levels and high HAA5 levels until the required number of Stage 2 DBP rule 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. Systems shall submit a copy of the 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 four. Public water systems that are monitoring quarterly shall calculate the TTHM and HAA5 operation evaluation levels for each monitoring location at the end of each calendar quarter.

 (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 exceedance 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 clause (B) 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).

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 (l) Additional reporting and recordkeepig requirements for systems using surface water or GUDI sources. In addition to the reporting and recordkeeping requirements of this subchapter, systems using surface water or GUDI sources shall also comply with the reporting and recordkeeping requirements of § 109.1206 (relating to reporting and recordkeeping requirements).

 (m) Additional reporting and recordkeeping requirements for systems using groundwater sources. In addition to the reporting and recordkeeping requirements of this subchapter, systems using groundwater sources shall also comply with the reporting and recordkeeping requirements of § 109.1307 (relating to system management responsibilities).

§ 109.705. Sanitary surveys.

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 (b) A community water system which does not collect five or more routine coliform samples per month shall do one of the following:

 (1) Undergo a sanitary survey conducted by the Department by June 29, 1994, and thereafter undergo a subsequent sanitary survey conducted by the Department at a minimum frequency of every 3 years.

 (2) Increase the number of routine coliform samples collected to at least five samples per month if the Department does not conduct a sanitary survey by June 29, 1994, or within 3 years following the initial or a subsequent sanitary survey. This increased sampling frequency shall be in place of the monitoring frequency requirements for coliforms in § 109.301(3)(i) (relating to general monitoring requirements) and remain in effect through the month in which the next sanitary survey is conducted by the Department.

 (c) A noncommunity water system which does not collect five or more routine coliform samples per month shall do one of the following:

 (1) Undergo an initial sanitary survey conducted by the Department by June 29, 1999, and thereafter undergo a subsequent sanitary survey at a minimum of every 5 years after the initial sanitary survey.

 (2) Increase the number of routine coliform samples collected to at least five samples per month if the Department does not conduct a sanitary survey by June 29, 1999, or within 5 years following the initial or a subsequent sanitary survey. This increased sampling frequency shall be in place of the monitoring frequency requirements for coliforms in § 109.301(3)(i) and shall remain in effect through the month in which the next sanitary survey is conducted by the Department.

 (d) The following apply to significant deficiencies identified at public water systems supplied by a surface water source and public water systems supplied by a groundwater source under the direct influence of surface water:

 (1) For sanitary surveys performed by the Department, a system shall respond in writing to significant deficiencies identified in sanitary survey reports no later than 45 days after receipt of the report, indicating how and on what schedule the system will address significant deficiencies noted in the survey.

 (2) A system shall correct significant deficiencies identified in sanitary survey reports according to the schedule approved by the Department, or if there is no approved schedule, according to the schedule reported under paragraph (1) if the deficiencies are within the control of the system.

 (e) Significant deficiencies identified by the Department at public water systems using groundwater shall comply with § 109.1302(c) (relating to groundwater systems with significant deficiencies or source water E. coli contamination).

Subchapter H. LABORATORY CERTIFICATION

§ 109.801. Certification requirement.

 A laboratory shall be accredited under Chapter 252 (relating to laboratory accreditation) to perform analyses acceptable to the Department for the purposes of ascertaining drinking water quality and demonstrating compliance with monitoring requirements established in Subchapters C, K, L and M.

§ 109.810. Reporting and notification requirements.

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 (b)  A laboratory accredited under Chapter 252 shall whenever the results of test measurements or analyses performed by the laboratory under this chapter indicate an MCL, MRDL or a treatment technique performance requirement under § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements) is exceeded, or an action level under § 109.1102(a) (relating to lead and copper) is exceeded, or a sample result requires the collection of check or confirmation samples under § 109.301 (relating to general monitoring requirements), or a sample collected under Subchapter M (relating to additional requirements for groundwater sources) is E. coli-positive:

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Subchapter I. VARIANCES AND EXEMPTIONS ISSUED BY THE DEPARTMENT

§ 109.901. Requirements for a variance.

 (a) The Department may grant one or more variances to a public water system from a requirement respecting a MCL upon finding that:

 (1) The public water system has installed and is using the best treatment technology, treatment methods or other means that the Department in concurrence with the Administrator finds are generally available to reduce the level of the contaminant, and has determined that alternative sources of water are not reasonably available.

 (2) The water supplier has demonstrated to the Department that, because of characteristics of the raw water sources which are reasonably available to the system, the system cannot meet the requirements respecting the MCLs.

 (3) The granting of a variance will not result in an unreasonable risk to the health of persons served by the system.

 (b) The MCL for total coliforms established under § 109.202(a) (relating to State MCLs, MRDLs and treatment technique requirements) is not eligible for a variance.

 (c) The Department may grant one or more variances to a public water system from a treatment technique requirement upon a finding that the public water supplier applying for the variance has demonstrated that, because of the nature of the raw water source of the system the treatment technique is not necessary to protect the health of the persons served by the system. The treatment technique requirements established under § 109.202(c), the treatment technique requirements established under § 109.1102(b) (relating to action levels and treatment technique requirements), the treatment technique requirements established under §§ 109.1203 and 109.1302 (relating to bin classification and treatment technique requirements; and treatment technique requirements) are not eligible for a variance.

§ 109.903. Requirements for an exemption.

 (a) The Department may exempt a public water system from an MCL or treatment technique requirement upon finding that:

 (1) Due to compelling factors, the public water system is unable to comply with the contaminant level or treatment technique requirement, or to implement measures to develop an alternative source of water supply.

 (2) The public water system was in operation on the effective date of the contaminant level or treatment technique requirement or, for a system that was not in operation by that date, only if no reasonable alternative source of drinking water is available to the new system.

 (3) The granting of the exemption will not result in an unreasonable risk to health.

 (4) Management or restructuring changes or both as provided in 40 CFR 142.20(b)(1)(i) (relating to State-issued variances and exemptions) cannot reasonably be made that will result in compliance with the applicable MCL or treatment technique requirement or, if compliance cannot be achieved, improve the quality of the drinking water.

 (b) The MCL for total coliforms established under § 109.202(a) (relating to State MCLs, MRDLs and treatment technique requirements) is not eligible for an exemption.

 (c) The treatment technique requirements established under § 109.202(c), the treatment technique requirements established under §§ 109.1102(b), 109.1203 and 109.1302 (relating to action levels and treatment technique requirements; bin classification and treatment technique requirements; and treatment technique requirements) are not eligible for an exemption.

§ 109.906. Consideration of a request for a variance or exemption.

 The Department will consider comments received during the comment period and testimony in the record of a public hearing held with respect to the request for a variance or exemption before making a determination. The Department will consider the availability of alternative water sources, risks to the public health from granting the relief requested and other relevant factors including the following considerations:

 (1) In its consideration of whether the public water system satisfies the requirements for a variance from a maximum contaminant level under § 109.901(a) (relating to requirements for a variance), the Department will consider whether the public water system has installed and is effectively operating the best treatment technology, treatment methods, or other means that the Department finds in concurrence with the Administrator are generally available to reduce the level of the contaminant for which the variance is requested, and whether the system has evaluated that alternative sources of water are not reasonably available.

 (2) In its consideration of whether a public water system satisfies the requirements for a variance from a treatment technique requirement under § 109.901(b), the Department will consider the following factors:

 (i) The quality of the water source and pertinent sources of pollution.

 (ii) The source protection measures employed by the public water system.

 (3) In its consideration of whether a public water system satisfies the requirements for an exemption under § 109.903 (relating to requirements for an exemption), the Department will consider factors such as:

 (i) The need for construction, installation, or modification of treatment equipment or systems.

 (ii) The time needed to put into operation a new treatment facility to replace an existing system which is not in compliance.

 (iii) The availability of an alternative source of water, including the feasibility of partnerships with neighboring public water systems, as identified by the public water system or by the Department.

§ 109.907. Disposition of a request for a variance or exemption.

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 (c) If the Department makes a determination to grant a variance or exemption request, it will document its findings as required under 40 CFR 142.20(a)(1) (relating to State-issued variances and exemptions under section 1415(a) and section 1416 of the act) for granting a variance, and under 40 CFR 142.20(b)(1) for granting an exemption.

§ 109.908. Compliance schedules.

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 (e) In accordance with 40 CFR 142.20(b)(2) (relating to State-issued variances and exemptions under section 1415(a) and section 1416 of the act), the Department may renew an exemption for a public water system that serves fewer than 3,300 persons and which needs financial assistance for the necessary improvements under the initial compliance schedule, provided the Department establishes that the system is taking all practicable steps to meet the requirements of this subchapter and the established compliance schedule to achieve full compliance with the applicable MCL or treatment technique requirement. The Department must document its findings in granting an extension under this subsection.

Subchapter J. BOTTLED WATER AND VENDED WATER SYSTEMS, RETAIL WATER FACILITIES AND BULK WATER HAULING SYSTEMS

§ 109.1002. MCLs, MRDLs or treatment techniques.

 (a) Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall supply drinking water that complies with the MCLs, MRDLs and treatment technique requirements under §§ 109.202 and 109.203 (relating to State MCLs, MRDLs and treatment technique requirements; and unregulated contaminants). Bottled water systems, vended water systems, retail water facilities and bulk water hauling systems shall provide continuous disinfection for groundwater sources. Water for bottling labeled as mineral water, under § 109.1007 (relating to labeling requirements for bottled water systems, vended water systems and retail water facilities) shall comply with the MCLs except that mineral water may exceed the MCL for total dissolved solids.

 (b) Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall supply drinking water that contains no more than 0.005 mg/L of lead and no more than 1.0 mg/L copper.

 (c) Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the treatment technique requirements under Subchapter L (relating to bin classification and treatment technique rule).

 (d) Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with Subchapter M (relating to additional requirements for groundwater sources). For the purpose of determining compliance with Subchapter M, bottled water and vended systems, retail water facilities and bulk water hauling systems using groundwater sources shall comply with standards pertaining to noncommunity groundwater systems.

§ 109.1003. Monitoring requirements.

 (a) General monitoring requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall monitor for compliance with the MCLs and MRDLs in accordance with § 109.301 (relating to general monitoring requirements) and shall comply with § 109.302 (relating to special monitoring requirements). The monitoring requirements shall be applied as follows, except that systems which have installed treatment to comply with 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:

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 (viii) TTHM and HAA5 Stage 1 DBP Rule. Beginning January 1, 2004, monitor annually for TTHM 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 water. Bottled water systems are not required to monitor for TTHM 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 water.

 (A) Routine monitoring. Systems shall take at least one sample per year per entry point during the month of warmest water temperature. If the sample, or average of all samples, exceeds either a TTHM or HAA5 MCL, the system shall take at least one sample per quarter per entry point. The system shall return to the sampling frequency of one sample per year per entry point if, after at least 1 year of monitoring, the TTHM running annual average is no greater than 0.060 mg/L and the HAA5 running annual average is no greater than 0.045 mg/L.

 (B) Reduced monitoring. Systems that use groundwater sources shall monitor for TTHM and HAA5 for at least 1 year prior to qualifying for reduced monitoring. The Department retains the right to require a system that meets the requirements of this clause to resume routine monitoring.

 (I) Systems that use groundwater sources shall reduce monitoring to one sample per 3-year cycle per entry point if the annual TTHM average is no greater than 0.040 mg/L and the annual HAA5 average is no greater than 0.030 mg/L for 2 consecutive years or the annual TTHM average is no greater than 0.020 mg/L and the annual HAA5 average is no greater than 0.015 mg/L for 1 year. The sample shall be taken during the month of warmest water temperature. 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 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 TTHM 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.

 (xi) Beginning January 1, 2004, monitor monthly for bromate if the system uses ozone for disinfection or oxidation.

 (A) Routine monitoring. Systems shall take one sample per month for each entry point that uses ozone while the ozonation system is operating under normal conditions.

 (B) Reduced monitoring.

 (I) 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).

 (2) Vended water systems shall monitor in accordance with paragraph (1) except that vended water systems qualifying for permit by rule under § 109.1005(b), for each entry point shall:

 (i) Monitor monthly for microbiological contaminants.

 (ii) Monitor annually for total dissolved solids, lead and cadmium.

 (iii) Conduct special monitoring as required by the Department.

 (b) Sampling requirements.

 (1) For bottled water and vended water systems, retail water facilities and bulk water hauling systems, samples taken to determine compliance with Subsection (a) shall be taken from each entry point.

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 (f) Additional monitoring requirements for surface water and GUDI sources. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the monitoring requirements under Subchapter L (relating to long-term 2 enhanced surface water treatment rule).

 (g) Additional monitoring requirements for groundwater sources. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the monitoring requirements under Subchapter M (relating to additional requirements for groundwater sources).

§ 109.1008. System management responsibilities.

 (a) Reporting and recordkeeping requirements for bottled water and vended water systems, retail water facilities and bulk water hauling systems. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the reporting requirements in § 109.701(a) and (d) (relating to reporting and recordkeeping).

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 (4) In addition to the requirements of this subsection, bottled water and vended water systems, retail water facilities and bulk water hauling systems using surface water or GUDI sources shall also comply with the reporting and recordkeeping requirements of Subchapter L (relating to long-term 2 enhanced surface water treatment rule).

 (5) In addition to the requirements of this Subsection, bottled water and vended water systems, retail water facilities and bulk water hauling systems using groundwater sources, including purchased groundwater, shall also comply with the reporting and recordkeeping requirements of Subchapter M (relating to additional requirements for groundwater sources).

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Subchapter L. LONG-TERM 2 ENHANCED SURFACE WATER TREATMENT RULE

Sec.

109.1201.	Scope.
109.1202.	Monitoring requirements.
109.1203.	Bin classification and treatment technique requirements.
109.1204.	Requirements for microbial toolbox components.
109.1205.	Grandfathering previously collected data.
109.1206.	Reporting and recordkeeping requirements.

§ 109.1201. Scope.

 (a) Scope. This subchapter establishes or extends treatment technique requirements in lieu of maximum contaminant levels for Cryptosporidium. These requirements are in addition to requirements for filtration and disinfection.

 (b) Applicability. This subchapter applies to public water systems supplied by a surface water source and public water systems supplied by a groundwater source under the direct influence of surface water systems that are part of a combined distribution system shall comply with the requirements of this subchapter based on the population of the largest system in the combined distribution system.

§ 109.1202. Monitoring requirements.

 (a) Initial round of source water monitoring. A system shall conduct the following monitoring on the schedule in subsection (c) unless it meets the monitoring exemption criteria in subsection (d):

 (1) Filtered systems serving at least 10,000 people shall sample their source water for Cryptosporidium, E. coli and turbidity at least monthly for 24 months.

 (2) Unfiltered systems serving at least 10,000 people shall sample their source water for Cryptosporidium at least monthly for 24 months.

 (3) Filtered systems serving less than 10,000 people shall sample their source water for E. coli at least once every 2 weeks for 12 months. A filtered system serving less than 10,000 people may avoid E. coli monitoring if the system notifies the Department that it will monitor for Cryptosporidium as described in paragraph (4). The system shall notify the Department no later than 3 months prior to the date the system is otherwise required to start E. coli monitoring under subsection (c).

 (4) Filtered systems serving less than 10,000 people shall sample their source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months if they meet one of the following subparagraphs, based on monitoring conducted under paragraph (3):

 (i) For systems using lake/reservoir sources, the annual mean E. coli concentration is greater than 10 E. coli/100 mL.

 (ii) For systems using flowing stream sources, the annual mean E. coli concentration is greater than 50 E. coli/100 mL.

 (iii) The system does not conduct E. coli monitoring as described in paragraph (3).

 (iv) Systems using groundwater sources under the direct influence of surface water (GUDI) shall comply with this paragraph based on the E. coli level that applies to the nearest surface water body. If no surface water body is nearby, the system shall comply based on the requirements that apply to systems using lake/reservoir sources.

 (5) For filtered systems serving less than 10,000 people, the Department may approve monitoring for an indicator other than E. coli under paragraph (3). The Department also may approve an alternative to the E. coli concentration in paragraph (4)(i), (ii) or (iv) to trigger Cryptosporidium monitoring. This approval by the Department would be based on EPA-supported research indicating the validity of an alternative to E. coli. The Department will provide this approval to the system in writing and will include the basis for the Department's determination that the alternative indicator, trigger level, or both, will provide a more accurate identification of whether a system will exceed the Bin 1 Cryptosporidium level in § 109.1203(c) (relating to bin classification and treatment technique requirements).

 (6) Unfiltered systems serving less than 10,000 people shall sample their source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months.

 (7) Systems may sample more frequently than required under this section if the sampling frequency is evenly spaced throughout the monitoring period.

 (b) Second round of source water monitoring. Systems shall conduct a second round of source water monitoring that meets the requirements for monitoring parameters, frequency, and duration described in subsection (a), unless they meet the monitoring exemption criteria in subsection (d). Systems shall conduct this monitoring on the schedule in subsection (c).

 (c) Source water monitoring schedule. Systems shall begin the monitoring required in subsections (a) and (b) as follows:

 (1) At least 100,000 people:

 (i) Begin the first round of source water monitoring no later than the month beginning October 1, 2006.

 (ii) Begin the second round of source water monitoring at least 6 years after submitting the initial bin classification but no later than the month beginning April 1, 2015.

 (2) From 50,000 to 99,999 people:

 (i) Begin the first round of source water monitoring no later than the month beginning April 1, 2007.

 (ii) Begin the second round of source water monitoring at least 6 years after submitting the initial bin classification but no later than the month beginning October 1, 2015.

 (3) From 10,000 to 49,999 people:

 (i) Begin the first round of source water monitoring no later than the month beginning April 1, 2008.

 (ii) Begin the second round of source water monitoring at least 6 years after submitting the initial bin classification but no later than the month beginning October 1, 2016.

 (4) Less than 10,000 people and monitor for E coli:

 (i) Begin the first round of source water monitoring no later than the month beginning October 1, 2008.

 (ii) Begin the second round of source water monitoring at least 6 years after submitting the initial bin classification but no later than the month beginning October 1, 2017.

 (5) Less than 10,000 and monitor for Cryptosporidium:

 (i) Begin the first round of source water monitoring no later than the month beginning April 1, 2010.

 (ii) Begin the second round of source water monitoring at least 6 years after submitting the initial bin classification but no later than the month beginning April 1, 2019.

 (d) Source water monitoring avoidance.

 (1) 5.5 log treatment. A filtered system is not required to conduct source water monitoring under this subchapter if the system will provide a total of at least 5.5-log of treatment for Cryptosporidium, equivalent to meeting the treatment requirements of Bin 4 in § 109.1203.

 (2) Notification. If a system chooses to provide the level of treatment in paragraph (1), as applicable, rather than start source water monitoring, the system shall notify the Department in writing no later than the date the system is otherwise required to submit a sampling schedule for monitoring under subsections (h)—(j). Alternatively, a system may choose to stop sampling at any point after it has initiated monitoring if it notifies the Department in writing that it will provide this level of treatment. Systems shall install and operate technologies to provide this level of treatment by the applicable treatment compliance date in § 109.1203(k)—(o).

 (e) Plants operating only part of the year. Public water systems supplied by a surface water source and public water systems supplied by a groundwater source under the direct influence of surface water that operate for only part of the year shall conduct source water monitoring in accordance with this subchapter, but with the following modifications:

 (1) Systems shall sample their source water only during the months that the plant operates unless the Department specifies another monitoring period based on plant operating practices.

 (2) Systems with plants that operate less than 6 months per year and that monitor for Cryptosporidium shall collect at least six Cryptosporidium samples per year during each of 2 years of monitoring. Samples must be evenly spaced throughout the period the plant operates or is anticipated to operate.

 (f) New sources.

 (1) A system that intends to use a new source of surface water or GUDI after the system is required to begin monitoring under subsection (c) shall monitor the new source on a schedule the Department approves. Any source that has not been monitored according to the requirements of this subchapter will be considered to be a new source. Source water monitoring for new sources must meet the requirements of this subchapter. The system shall also meet the bin classification and Cryptosporidium treatment requirements of § 109.1203 (a)—(j), as applicable, for the new source on a schedule approved by the Department. Sources that have not been monitored according to the requirements of this subchapter will be considered to be Bin 4 until monitoring is adequately completed. No later than the appli- cable Cryptosporidium compliance dates specified in § 109.1203(k), systems wishing to use sources that have not been monitored shall meet the Bin 4 treatment requirements of § 109.1203(a)—(j) unless otherwise indicated by the Department.

 (2) The requirements of this subsection apply to public water systems supplied by a surface water source or groundwater source under the direct influence of surface water that begin operation after the monitoring start date applicable to the system's size under subsection (c).

 (3) The system shall begin a second round of source water monitoring no later than 6 years following initial bin classification under § 109.1203 or determination of the Cryptosporidium level under § 109.1203(i) and (j), as applicable.

 (g) Monitoring violations. Failure to collect any source water sample required under this section in accordance with the sampling schedule, sampling location, analytical method, approved laboratory and reporting requirements of this subsection, §§ 109.304 and 109.1206(a)—(e) (relating to analytical requirements; and reporting and recordkeeping requirements) is a monitoring violation.

 (h) Source water sampling schedules. Systems required to conduct source water monitoring under subsections (a)—(g) shall submit a sampling schedule that specifies the calendar dates when the system will collect each required sample.

 (1) Systems shall submit sampling schedules no later than 3 months prior to the applicable date listed in subsection (c) for each round of required monitoring.

 (2) A system must comply with the following:

 (i) A system serving at least 10,000 people shall submit its sampling schedule for the initial round of source water monitoring under subsection (a) to the EPA electronically at https://intranet.epa.gov/lt2/.

 (ii) If a system is unable to submit the sampling schedule electronically, the system may use an alternative approach for submitting the sampling schedule that the EPA approves.

 (3) A system serving less than 10,000 people shall submit its sampling schedules for the initial round of source water monitoring under subsection (a) to the Department.

 (4) Systems shall submit sampling schedules for the second round of source water monitoring under subsection (b) to the Department.

 (5) If the EPA or the Department does not respond to a system regarding its sampling schedule, the system shall sample at the reported schedule.

 (i) Source water sample collection period. Systems shall collect samples within 2 days before or 2 days after the dates indicated in their sampling schedule (that is, within a 5 day period around the schedule date) unless one of the conditions of subsection (b)(1) or (2) applies.

 (1) Extreme sample collection conditions. If an extreme condition or situation exists that may pose danger to the sample collector, or that cannot be avoided and causes the system to be unable to sample in the scheduled 5-day period, the system shall sample as close to the scheduled date as is feasible unless the Department approves an alternative sampling date. The system shall submit an explanation for the delayed sampling date to the Department concurrent with the shipment of the sample to the laboratory.

 (2) Replacement samples. The requirements for replacement samples are as follows:

 (i) If a system is unable to report a valid analytical result for a scheduled sampling date due to equipment failure, loss of or damage to the sample, failure to comply with the analytical method requirements, including the quality control requirements in § 109.304, or the failure of an approved laboratory to analyze the sample, then the system shall collect a replacement sample.

 (ii) The system shall collect the replacement sample not later than 21 days after receiving information that an analytical result cannot be reported for the scheduled date unless the system demonstrates that collecting a replacement sample within this time frame is not feasible or the Department approves an alternative resampling date. The system shall submit an explanation for the delayed sampling date to the Department concurrent with the shipment of the sample to the laboratory.

 (j) Missed samples. Systems that fail to meet the criteria of subsection (i) for any source water sample required under subsections (a)—(g) shall revise their sampling schedules to add dates for collecting all missed samples. Systems shall submit the revised schedule to the Department for approval prior to when the system begins collecting the missed samples.

 (k) Source water sampling locations. Systems required to conduct source water monitoring under subsections (a)—(g) shall collect samples for each plant that treats a surface water or GUDI source. When multiple plants draw water from the same influent, such as the same pipe or intake, the Department may approve one set of monitoring results to be used to satisfy the requirements of subsections (a)—(g) for all plants.

 (l) Chemical treatment prior to sampling location. Systems shall collect source water samples prior to chemical treatment, such as coagulants, oxidants and disinfectants.

 (m) Source water sample location for plants that recycle. Systems that recycle filter backwash water shall collect source water samples prior to the point of filter backwash water addition.

 (n) Bank filtration.

 (1) Systems that receive Cryptosporidium treatment credit for bank filtration to meet existing treatment technique requirements of § 109.202(c) (relating to State MCLs, MRDLs and treatment technique requirements), as applicable, shall collect source water samples in the surface water prior to bank filtration.

 (2) Systems that use bank filtration as pretreatment to a filtration plant shall collect source water samples from the well (that is, after bank filtration). Use of bank filtration during monitoring must be consistent with routine operational practice. Systems collecting samples after a bank filtration process may not receive treatment credit for the bank filtration under § 109.1204(f) (relating to requirements for microbial toolbox components).

 (o) Multiple sources. Systems with plants that use multiple water sources, including multiple surface water sources and blended surface water and groundwater sources, shall collect samples as specified in paragraph (1) or (2). The use of multiple sources during monitoring must be consistent with routine operational practice. Sources not adequately evaluated during the monitoring period will be considered new sources and the requirements under subsection (f) will apply. Systems may begin monitoring a new source as soon as a sampling schedule and plan have been approved by the Department.

 (1) If a sampling tap is available where the sources are combined prior to treatment, systems shall collect samples from the tap.

 (2) If a sampling tap where the sources are combined prior to treatment is not available, systems shall collect samples at each source near the intake on the same day and shall follow either subparagraph (i) or (ii) for sample analysis.

 (i) Systems may composite samples from each source into one sample prior to analysis. The volume of sample from each source must be weighted according to the proportion of the source in the total plant flow at the time the sample is collected.

 (ii) Systems may analyze samples from each source separately and calculate a weighted average of the analysis results for each sampling date. The weighted average must be calculated by multiplying the analysis result for each source by the fraction the source contributed to total plant flow at the time the sample was collected and then summing these values.

 (p) Additional requirements. A system shall submit a description of its sampling locations to the Department at the same time as the sampling schedule required under subsections (h)—(j). This description must address the position of the sampling location in relation to the system's water sources and treatment processes, including pretreatment, points of chemical treatment and filter backwash recycle. If the Department does not respond to a system regarding sampling locations, the system shall sample at the reported locations.

§ 109.1203. Bin classification and treatment technique requirements.

 (a) Bin classification. Following completion of the initial round of source water monitoring required under § 109.1202(a) (relating to monitoring requirements), filtered systems shall calculate an initial Cryptosporidium bin concentration for each plant for which monitoring was required. Calculation of the bin concentration must use the Cryptosporidium results reported under § 109.1202(a) and must follow the procedures in subsection (b)(1)—(5).

 (b) Procedures for calculating bin classifications.

 (1) For systems that collect a total of at least 48 samples, the bin concentration is equal to the arithmetic mean of all sample concentrations.

 (2) For systems that collect a total of at least 24 samples, but not more than 47 samples, the bin concentration is equal to the highest arithmetic mean of all sample concentrations in any 12 consecutive months during which Cryptosporidium samples were collected.

 (3) For systems that serve less than 10,000 people and monitor for Cryptosporidium for only 1 year (that is, collect 24 samples in 12 months), the bin concentration is equal to the arithmetic mean of all sample concentrations.

 (4) For systems with plants operating only part of the year that monitor less than 12 months per year under § 109.1202(e), the bin concentration is equal to the highest arithmetic mean of all sample concentrations during any year of Cryptosporidium monitoring.

 (5) If the monthly Cryptosporidium sampling frequency varies, systems shall first calculate a monthly average for each month of monitoring. Systems shall then use these monthly average concentrations, rather than individual sample concentrations, in the applicable calculation for bin classification in paragraphs (1)—(4).

 (c) Cryptosporidium bin concentration thresholds. Systems required to monitor for Cryptosporidium under § 109.1202 shall use Cryptosporidium bin concentration calculated under subsections (a) and (b) to determine their initial bin classification as follows:

 (1) With a Cryptosporidium bin concentration of less than 0.075 oocysts/L, the bin classification is Bin 1.

 (2) With a Cryptosporidium bin concentration of 0.075 oocysts/L or higher, but less than 1.0 oocysts/L, the bin classification is Bin 2.

 (3) With a Cryptosporidium bin concentration of 1.0 oocysts/L or higher but less than 3.0 oocysts/L, the bin classification is Bin 3.

 (4) With a Cryptosporidium bin concentration of 3.0 oocysts/L or higher, the bin classification is Bin 4.

 (5) If serving less than 10,000 people and not required to monitor for Cryptosporidium under § 109.1202(a)(4), the bin classification is Bin 1.

 (d) Cryptosporidium bin concentration recalculation requirements. Following completion of the second round of source water monitoring required under § 109.1202(b), filtered systems shall recalculate their Cryptosporidium bin concentration using the Cryptosporidium results reported under § 109.1202(b) and following the procedures in subsection (b). Systems shall then redetermine their bin classification using the bin concentrations subsection (c).

 (e) Filtered system additional Cryptosporidium treatment requirements. Filtered systems shall provide the level of additional treatment for Cryptosporidium specified in this subsection based on their bin classification as determined under subsections (a)—(c) and according to the schedule in subsections (k)—(o). The treatments required under paragraphs (1)—(4) are in addition to existing treatment technique requirements contained in § 109.202(c) (relating to State MCLs, MRDLs and treatment technique requirements), which still apply. Systems using multiple sources shall establish their bin classification based on the highest bin source in use by the facility.

 (1) Bin 1. If the system bin classification is Bin 1, the system shall provide additional Cryptosporidium treatment as follows:

 (i) Conventional filtration treatment (including softening), slow sand or diatomaceous earth filtration must provide no additional treatment.

 (ii) Direct filtration treatment must provide no additional treatment.

 (iii) Alternative filtration technologies must provide no additional treatment.

 (2) Bin 2. If the system bin classification is Bin 2, the system shall provide additional Cryptosporidium treatment as follows:

 (i) Conventional filtration treatment (including softening), slow sand or diatomaceous earth filtration must provide 1-log additional treatment.

 (ii) Direct filtration treatment must provide 1.5 log additional treatment.

 (iii) Alternative filtration technologies must provide additional treatment as determined by the Department such that the total Cryptosporidium removal and inactivation is at least 4.0 log.

 (3) Bin 3. If the system bin classification is Bin 3, the system shall provide additional Cryptosporidium treatment as follows:

 (i) Conventional filtration treatment (including softening), slow sand or diatomaceous earth filtration must provide 2-log additional treatment.

 (ii) Direct filtration treatment must provide 2.5 log additional treatment.

 (iii) Alternative filtration technologies must provide additional treatment as determined by the Department so that the total Cryptosporidium removal and inactivation is at least 5.0 log.

 (4) Bin 4. If the system bin classification is Bin 4, the system shall provide additional Cryptosporidium treatment as follows:

 (i) Conventional filtration treatment (including softening), slow sand or diatomaceous earth filtration must provide 2.5-log additional treatment.

 (ii) Direct filtration treatment must provide 3 log additional treatment.

 (iii) Alternative filtration technologies must provide additional treatment as determined by the Department so that the total Cryptosporidium removal and inactivation is at least 5.5 log.

 (f) Treatment and management options for filtered systems, microbial toolbox.

 (1) Filtered systems shall use one or more of the treatment and management options listed in § 109.1204 (relating to requirements for microbial toolbox components), termed the microbial toolbox, to comply with the additional Cryptosporidium treatment required in subsection (e).

 (2) Systems using sources classified in Bin 3 and Bin 4 shall achieve at least 1-log of the additional Cryptosporidium treatment required under § 109.1204(a) using either one or a combination of the following: bag filters, bank filtration, cartridge filters, chlorine dioxide, membranes, ozone or UV, as described in § 109.1204(b), (c) and (n)—(q) (relating to requirements for microbial toolbox components).

 (g) Failure to meet treatment credit. Failure by a system in any month to achieve treatment credit by meeting criteria in § 109.1204(b), (c) and (n)—(q) for microbial toolbox options that is at least equal to the level of treatment required in subsection (e) is a violation of the treatment technique requirement.

 (h) Increased watershed contamination. If the Department determines during a sanitary survey or an equivalent source water assessment that after a system completed the monitoring conducted under § 109.1202(a) or (b), significant changes occurred in the system's watershed that could lead to increased contamination of the source water by Cryptosporidium, the system shall take actions specified by the Department to address the contamination. These actions may include additional source water monitoring or implementing microbial toolbox options listed in § 109.1204, or both.

 (i) Unfiltered systems determination of Cryptosporidium bin level, initial round. Following completion of the initial source water monitoring required under § 109.1202(a), unfiltered systems shall calculate their bin classification using the methods listed in subsections (b) and (c).

 (j) Unfiltered systems determination of Cryptosporidium bin level, second round. Following completion of the second round of source water monitoring required under subsection (b), unfiltered systems shall calculate their bin classification using the methods listed in subsections (b) and (c).

 (k) Schedule for compliance with Cryptosporidium treatment requirements. Following initial bin classification under subsection (c), filtered systems shall provide the level of additional treatment for Cryptosporidium required under subsections (e)—(h) according to the schedule in subsection (m). The treatments required under subsections (e)—(h) are in addition to existing treatment technique requirements contained in § 109.202(c), which still apply.

 (l) Treatment technique requirements for unfiltered systems. Following initial determination of the Crypto- sporidium level under subsection (i), unfiltered systems shall meet all applicable treatment technique requirements of § 109.202(c) and provide the additional level of treatment for Cryptosporidium required under subsections (e)—(h) on a schedule approved by the Department but no later than the schedule in subsection (m).

 (m) Cryptosporidium treatment compliance dates. Cryptosporidium treatment compliance dates are as follows:

 (1) Systems that serve at least 100,000 people shall comply with Cryptosporidium treatment requirements by April 1, 2012.

 (2) Systems that serve from 50,000 to 99,999 people shall comply with Cryptosporidium treatment requirements by October 1, 2012.

 (3) Systems that serve from 10,000 to 49,999 people shall comply with Cryptosporidium treatment requirements by October 1, 2013.

 (4) Systems that serve less than 10,000 people shall comply with Cryptosporidium treatment requirements by October 1, 2014.

 (5) On a case by case basis within an agreed upon time frame, the Department may allow up to an additional 2 years for complying with the treatment requirement for systems making capital improvements.

 (n) Change in Cryptosporidium level for filtered system. If the bin classification for a filtered system increases following the second round of source water monitoring, as determined under subsection (d), the system shall provide the level of treatment for Cryptosporidium required under subsections (e)—(h) on a schedule the Department approves.

 (o) Change in Cryptosporidium level for unfiltered system. If the Cryptosporidium bin level for an unfiltered system increases following the second round of monitoring, as determined under subsection (j), the system shall provide the additional level of Cryptosporidium treatment under subsections (e)—(h) on a schedule the Department approves.

§ 109.1204. Requirements for microbial toolbox components.

 (a) A system will receive the treatment credits listed Appendix B to Subchapter L. Microbial Toolbox Summary Table: Options, Treatment Credits and Criteria, by meeting the conditions for microbial toolbox components described in subsections (b)—(q). A system shall apply these treatment credits to meet the treatment technique requirements listed in section § 109.1203 (relating to bin classification and treatment technique requirements).

 (b) Watershed control program. Filtered systems receive 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets the requirements of this subsection. This credit may not be used to maintain the additional log removal credits specified in § 109.1203. This credit may only be applied in addition to the toolbox options used to meet the minimum log removal and may apply in lieu of a toolbox option for which credit has been temporarily revoked. Unfiltered systems are not eligible for this credit.

 (1) Systems that intend to apply for the watershed control program credit shall notify the Department of this intent at least 2 years prior to the treatment compliance date applicable to the system in § 109.1203(k)—(o).

 (2) Systems shall submit to the Department a proposed watershed control plan at least 1 year before the applicable treatment compliance date in § 109.1203(k)—(o). The Department will approve the watershed control plan for the system to receive watershed control program treatment credit. The watershed control plan must include the following elements:

 (i) Identification of an ''area of influence'' outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. This is the area to be evaluated in future watershed surveys under paragraph (4)(ii).

 (ii) Identification of both potential and actual sources of Cryptosporidium contamination and an assessment of the relative impact of these sources on the system's source water quality.

 (iii) An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the system's source water.

 (iv) A statement of goals and specific actions the system will undertake to reduce source water Cryptosporidium levels. The plan must explain how the actions are expected to contribute to specific goals, identify watershed partners and their roles, identify resource requirements and commitments, and include a schedule for plan implementation with deadlines for completing specific actions identified in the plan.

 (3) Systems with existing watershed control programs (that is, programs in place on January 5, 2006) are eligible to seek this credit. Their watershed control plans must meet the criteria in paragraph (2) and must specify ongoing and future actions that will reduce source water Cryptosporidium levels.

 (4) Systems shall complete the following actions to maintain the 0.5-log credit:

 (i) Submit an annual watershed control program status report to the Department. The annual watershed control program status report must describe the system's implementation of the approved plan and assess the adequacy of the plan to meet its goals. The report must explain how the system is addressing any shortcomings in plan implementation, including those previously identified by the Department or as the result of the watershed survey conducted under subparagraph (ii). The report must also describe significant changes that have occurred in the watershed since the last watershed sanitary survey. If a system determines during implementation that making a significant change to its approved watershed control program is necessary, the system shall notify the Department prior to making any changes. If a change is likely to reduce the level of source water protection, the system shall also list in its notification the actions the system will take to mitigate this effect.

 (ii) Undergo a watershed sanitary survey every 3 years for community water systems and every 5 years for noncommunity water systems and submit the survey report to the Department. The survey must be conducted according to Department guidelines and by persons the Department approves.

 (A) The watershed sanitary survey must meet the following criteria:

 (I) Encompass the region identified in the Department-approved watershed control plan as the area of influence.

 (II) Assess the implementation of actions to reduce source water Cryptosporidium levels.

 (III) Identify any significant new sources of Cryptosporidium.

 (B) If the Department determines that significant changes may have occurred in the watershed since the previous watershed sanitary survey, systems shall undergo another watershed sanitary survey by a date the Department requires, which may be earlier than the regular date in this subparagraph.

 (iii) The system shall make the watershed control plan, annual status reports, and watershed sanitary survey reports available to the public upon request. These documents must be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals. The Department may approve systems to withhold from the public portions of the annual status report, watershed control plan, and watershed sanitary survey based on water supply security considerations.

 (5) If the Department determines that a system is not carrying out the approved watershed control plan, the Department may withdraw the watershed control program treatment credit.

 (c) Alternative source.

 (1) A system may conduct source water monitoring that reflects a different intake location (either in the same source or for an alternate source) or a different procedure for the timing or level of withdrawal from the source (alternative source monitoring). If the Department approves, a system may determine its bin classification under § 109.1203 based on the alternative source monitoring results.

 (2) If systems conduct alternative source monitoring under paragraph (1), systems shall also monitor their current plant intake concurrently as described in § 109.1202 (relating to monitoring requirements).

 (3) Alternative source monitoring under paragraph (1) must meet the requirements for source monitoring to determine bin classification, as described in § 109.1202 and § 109.1206 (relating to reporting and recordkeeping requirements). Systems shall report the alternative source monitoring results to the Department, along with supporting information documenting the operating conditions under which the samples were collected.

 (4) If a system determines its bin classification under § 109.1203 using alternative source monitoring results that reflect a different intake location or a different procedure for managing the timing or level of withdrawal from the source, the system shall relocate the intake or permanently adopt the withdrawal procedure, as applicable, no later than the applicable treatment compliance date in § 109.1203(k)—(o).

 (d) Presedimentation. Systems will receive 0.5-log Cryptosporidium treatment credit for a presedimentation basin during any month the process meets the criteria in this subsection.

 (1) The presedimentation basin must be in continuous operation and must treat the entire plant flow taken from a surface water or GUDI source.

 (2) The system shall continuously add a coagulant to the presedimentation basin.

 (3) The presedimentation basin must achieve the performance criteria as follows:

 (i) Demonstrates at least 0.5-log mean reduction of influent turbidity. This reduction must be determined using daily turbidity measurements in the presedimentation process influent and effluent and must be calculated as follows: log10 (monthly mean of daily influent turbidity)-log10 (monthly mean of daily effluent turbidity).

 (ii) Comply with Department-approved performance criteria that demonstrate at least 0.5-log mean removal of micron-sized particulate material through the presedimentation process.

 (e) 2-stage lime softening. Systems receive an additional 0.5-log Cryptosporidium treatment credit for a 2-stage lime softening plant if chemical addition and hardness precipitation occur in two separate and sequential softening stages prior to filtration. Both softening stages must treat the entire plant flow taken from a surface water or GUDI source.

 (f) Bank filtration. Systems receive Cryptosporidium treatment credit for bank filtration that serves as pretreatment to a filtration plant by meeting the criteria in this subsection. Systems using bank filtration when they begin source water monitoring under § 109.1202(a) shall collect samples as described in § 109.1202(n) and are not eligible for this credit.

 (1) Wells with a groundwater flow path of at least 25 feet receive 0.5-log treatment credit. Wells with a groundwater flow path of at least 50 feet receive 1.0-log treatment credit. The groundwater flow path must be determined as specified in paragraph (4).

 (2) Only wells in granular aquifers are eligible for treatment credit. Granular aquifers are those comprised of sand, clay, silt, rock fragments, pebbles or larger particles and minor cement. A system shall characterize the aquifer at the well site to determine aquifer properties. Systems shall extract a core from the aquifer and demonstrate that in at least 90% of the core length, grains less than 1.0 mm in diameter constitute at least 10% of the core material.

 (3) Only horizontal and vertical wells are eligible for treatment credit.

 (4) For vertical wells, the groundwater flow path is the measured distance from the edge of the surface water body under high flow conditions (determined by the 100 year floodplain elevation boundary or by the floodway, as defined in Federal Emergency Management Agency flood hazard maps) to the well screen. For horizontal wells, the groundwater flow path is the measured distance from the bed of the river under normal flow conditions to the closest horizontal well lateral screen.

 (5) Systems shall monitor each wellhead for turbidity at least once every 4 hours while the bank filtration process is in operation. If monthly average turbidity levels, based on daily maximum values in the well, exceed 1 NTU, the system shall report this result to the Department and conduct an assessment within 30 days to determine the cause of the high turbidity levels in the well. If the Department determines that microbial removal has been compromised, the Department may revoke treatment credit until the system implements corrective actions approved by the Department to remediate the problem.

 (6) Springs and infiltration galleries are not eligible for treatment credit under this section, but are eligible for credit under subsection (i).

 (7) The Department may approve Cryptosporidium treatment credit for bank filtration based on a demonstration of performance study that meets the criteria in this paragraph. This treatment credit may be greater than 1.0-log and may be awarded to bank filtration that does not meet the criteria in paragraphs (1)—(5).

 (i) The study must follow a Department-approved protocol and must involve the collection of data on the removal of Cryptosporidium or a surrogate for Cryptosporidium and related hydrogeologic and water quality parameters during the full range of operating conditions.

 (ii) The study must include sampling both from the production well and from monitoring wells that are screened and located along the shortest flow path between the surface water source and the production well.

 (g) Combined filter performance. Systems using conventional filtration treatment or direct filtration treatment receive an additional 0.5-log Cryptosporidium treatment credit during any month the system meets the criteria in this subsection. Combined filter effluent (CFE) turbidity must be less than or equal to 0.15 NTU in at least 95% of the measurements. Turbidity must be measured as described in § 109.304(c) (relating to analytical requirements).

 (h) Individual filter performance. Systems using conventional filtration treatment or direct filtration treatment will receive 0.5-log Cryptosporidium treatment credit, which can be in addition to the 0.5-log credit under subsection (g), during any month the system meets the criteria in this subsection. Compliance with these criteria must be based on individual filter turbidity monitoring as described in § 109.301(1)(iv) (relating to general monitoring requirements), as applicable.

 (1) The filtered water turbidity for each individual filter must be less than or equal to 0.15 NTU in at least 95% of the measurements recorded each month.

 (2) An individual filter may not have a measured turbidity greater than 0.3 NTU in two consecutive measurements taken 15 minutes apart.

 (3) A system that has received treatment credit for individual filter performance and fails to meet the requirements of paragraph (1) or (2) during any month does not receive a treatment technique violation under § 109.1203(g) if the Department determines the following:

 (i) The failure was due to unusual and short-term circumstances that could not reasonably be prevented through optimizing treatment plant design, operation, and maintenance.

 (ii) The system has experienced no more than two of these failures in any calendar year.

 (i) Demonstration of performance. The Department may approve Cryptosporidium treatment credit for drinking water treatment processes based on a demonstration of performance study that meets the criteria in this subsection. This treatment credit may be greater than or less than the prescribed treatment credits in § 109.1203(e)—(h) or subsection (d)—(f) and subsections (n)—(q) and may be awarded to treatment processes that do not meet the criteria for the prescribed credits.

 (1) Systems cannot receive the prescribed treatment credit for any toolbox option in subsections (d)—(f) or (n)—(q) if that toolbox option is included in a demonstration of performance study for which treatment credit is awarded under this paragraph.

 (2) The demonstration of performance study must follow a Department-approved protocol and must demonstrate the level of Cryptosporidium reduction the treatment process will achieve under the full range of expected operating conditions for the system.

 (3) Approval by the Department will be in writing and may include monitoring and treatment performance criteria that the system shall demonstrate and report on an ongoing basis to remain eligible for the treatment credit. The Department may designate the criteria when necessary to verify that the conditions under which the demonstration of performance credit was approved are maintained during routine operation.

 (j) Bag and cartridge filters. Systems receive Cryptosporidium treatment credit of up to 2.0-log for individual bag or cartridge filters and up to 2.5-log for bag or cartridge filters operated in series by meeting the criteria in paragraphs (1)—(10). To be eligible for this credit, systems shall report the results of challenge testing that meet the requirements of paragraphs (2)—(9) to the Department. The filters must treat the entire plant flow taken from a surface water or groundwater source under the direct influence of surface water source.

 (1) The Cryptosporidium treatment credit awarded to bag or cartridge filters will be based on the removal efficiency demonstrated during challenge testing that is conducted according to the criteria in paragraphs (2)—(9). A factor of safety equal to 1-log for individual bag or cartridge filters and 0.5-log for bag or cartridge filters in series must be applied to challenge testing results to determine removal credit. Systems may use results from challenge testing conducted prior to January 5, 2006, if the prior testing was consistent with the criteria specified in paragraphs (2)—(9).

 (2) Challenge testing must be performed on full-scale bag or cartridge filters, and the associated filter housing or pressure vessel, that are identical in material and construction to the filters and housings the system will use for removal of Cryptosporidium. Bag or cartridge filters must be challenge tested in the same configuration that the system will use, either as individual filters or as a series configuration of filters.

 (3) Challenge testing must be conducted using Cryptosporidium or a surrogate that is removed no more efficiently than Cryptosporidium. The microorganism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate must be determined using a method capable of discretely quantifying the specific microorganism or surrogate used in the test; gross measurements such as turbidity may not be used.

 (4) The maximum feed water concentration that can be used during a challenge test must be based on the detection limit of the challenge particulate in the filtrate (that is, filtrate detection limit) and must be calculated using the following equation:

Maximum Feed Concentration =
1 × 10⁴ × (Filtrate Detection Limit)

 (5) Challenge testing must be conducted at the maximum design flow rate for the filter as specified by the manufacturer.

 (6) Each filter evaluated must be tested for a duration sufficient to reach 100% of the terminal pressure drop, which establishes the maximum pressure drop under which the filter may be used to comply with this subchapter.

 (7) Removal efficiency of a filter must be determined from the results of the challenge test and expressed in terms of log removal values using the following equation:

LRV = LOG₁₀(C_f)-LOG₁₀(C_p)

 Where: LRV = log removal value demonstrated during challenge testing; C_f = the feed concentration measured during the challenge test; and C_p = the filtrate concentration measured during the challenge test. In applying this equation, the same units must be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, then the term C_p must be set equal to the detection limit.

 (8) Each filter tested must be challenged with the challenge particulate during three periods over the filtration cycle: within 2 hours of start-up of a new filter; when the pressure drop is between 45 and 55% of the terminal pressure drop; and at the end of the cycle after the pressure drop has reached 100% of the terminal pressure drop. An LRV must be calculated for each of these challenge periods for each filter tested. The LRV for the filter (LRV_filter) must be assigned the value of the minimum LRV observed during the three challenge periods for that filter.

 (9) If less than 20 filters are tested, the overall removal efficiency for the filter product line must be set equal to the lowest LRV_filter among the filters tested. If 20 or more filters are tested, the overall removal efficiency for the filter product line must be set equal to the 10th percentile of the set of LRV_filter values for the various filters tested. The percentile is defined by (i/(n+1)) where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.

 (10) If a previously tested filter is modified in a manner that could change the removal efficiency of the filter product line, challenge testing to demonstrate the removal efficiency of the modified filter must be conducted and submitted to the Department.

 (k) Membrane filtration.

 (1) Cryptosporidium treatment credit. Systems receive Cryptosporidium treatment credit for membrane filtration that meets the criteria of this paragraph. Membrane cartridge filters that meet the definition of membrane filtration in § 109.1 (relating to definitions) are eligible for this credit. The level of treatment credit a system receives is equal to the lower of the values determined under the following:

 (i) The removal efficiency demonstrated during challenge testing conducted under the conditions in paragraph (2).

 (ii) The maximum removal efficiency that can be verified through direct integrity testing used with the membrane filtration process under the conditions in paragraph (3).

 (2) Challenge testing. The membrane used by the system shall undergo challenge testing to evaluate removal efficiency, and the system shall report the results of challenge testing to the Department. Challenge testing must be conducted according to the criteria in subparagraphs (i)—(vii). Systems may use data from challenge testing conducted prior to January 5, 2006, if the prior testing was consistent with the criteria in subparagraphs (i)—(vii).

 (i) Challenge testing must be conducted on either a full-scale membrane module, identical in material and construction to the membrane modules used in the system's treatment facility, or a smaller-scale membrane module, identical in material and similar in construction to the full-scale module. A module is defined as the smallest component of a membrane unit in which a specific membrane surface area is housed in a device with a filtrate outlet structure.

 (ii) Challenge testing must be conducted using Cryptosporidium oocysts or a surrogate that is removed no more efficiently than Cryptosporidium oocysts. The organism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate, in both the feed and filtrate water, must be determined using a method capable of discretely quantifying the specific challenge particulate used in the test; gross measurements such as turbidity may not be used.

 (iii) The maximum feed water concentration that can be used during a challenge test is based on the detection limit of the challenge particulate in the filtrate and must be determined according to the following equation:

Maximum Feed Concentration =
3.16 × 10⁶ × (Filtrate Detection Limit)

 (iv) Challenge testing must be conducted under representative hydraulic conditions at the maximum design flux and maximum design process recovery specified by the manufacturer for the membrane module. Flux is defined as the throughput of a pressure driven membrane process expressed as flow per unit of membrane area. Recovery is defined as the volumetric % of feed water that is converted to filtrate over the course of an operating cycle uninterrupted by events such as chemical cleaning or a solids removal process (that is, backwashing).

 (v) Removal efficiency of a membrane module must be calculated from the challenge test results and expressed as a log removal value according to the following equation:

LRV = LOG₁₀(C_f) - LOG₁₀(C_p)

 Where: LRV = log removal value demonstrated during the challenge test; C_f = the feed concentration measured during the challenge test; and C_p = the filtrate concentration measured during the challenge test. Equivalent units must be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, the term C_p is set equal to the detection limit for the purpose of calculating the LRV. An LRV must be calculated for each membrane module evaluated during the challenge test.

 (vi) The removal efficiency of a membrane filtration process demonstrated during challenge testing must be expressed as a log removal value (LRV_C-Test). If less than 20 modules are tested, then LRV_C-Test is equal to the lowest of the representative LRVs among the modules tested. If 20 or more modules are tested, then LRV_C-Test is equal to the 10th percentile of the representative LRVs among the modules tested. The percentile is defined by (i/(n+1)) where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.

 (vii) The challenge test must establish a quality control release value (QCRV) for a nondestructive performance test that demonstrates the Cryptosporidium removal capability of the membrane filtration module. This performance test must be applied to each production membrane module used by the system that was not directly challenge tested in order to verify Cryptosporidium removal capability. Production modules that do not meet the established QCRV are not eligible for the treatment credit demonstrated during the challenge test.

 (viii) If a previously tested membrane is modified in a manner that could change the removal efficiency of the membrane or the applicability of the nondestructive performance test and associated QCRV, additional challenge testing to demonstrate the removal efficiency of, and determine a new QCRV for, the modified membrane must be conducted and submitted to the Department.

 (3) Direct integrity testing. Systems shall conduct direct integrity testing in a manner that demonstrates a removal efficiency equal to or greater than the removal credit awarded to the membrane filtration process and meets the requirements described in subparagraphs (i)—(vi). A direct integrity test is defined as a physical test applied to a membrane unit to identify and isolate integrity breaches (that is, one or more leaks that could result in contamination of the filtrate).

 (i) The direct integrity test must be independently applied to each membrane unit in service. A membrane unit is defined as a group of membrane modules that share common valving that allows the unit to be isolated from the rest of the system for the purpose of integrity testing or other maintenance.

 (ii) The direct integrity method must have a resolution of 3 micrometers or less, where resolution is defined as the size of the smallest integrity breach that contributes to a response from the direct integrity test.

 (iii) The direct integrity test must have a sensitivity sufficient to verify the log treatment credit awarded to the membrane filtration process by the Department, where sensitivity is defined as the maximum log removal value that can be reliably verified by a direct integrity test. Sensitivity must be determined using the approach in either clause (A) or (B) as applicable to the type of direct integrity test the system uses.

 (A) For direct integrity tests that use an applied pressure or vacuum, the direct integrity test sensitivity must be calculated according to the following equation:

LRV_DIT = LOG₁₀ (Q_p /(VCF × Q_breach))

 Where: LRV_DIT = the sensitivity of the direct integrity test; Q_p = total design filtrate flow from the membrane unit; Q_breach = flow of water from an integrity breach associated with the smallest integrity test response that can be reliably measured, and VCF = volumetric concentration factor. The volumetric concentration factor is the ratio of the suspended solids concentration on the high pressure side of the membrane relative to that in the feed water.

 (B) For direct integrity tests that use a particulate or molecular marker, the direct integrity test sensitivity must be calculated according to the following equation:

LRV_DIT = LOG₁₀(C_f)-LOG₁₀(C_p)

 Where: LRV_DIT = the sensitivity of the direct integrity test; C_f = the typical feed concentration of the marker used in the test; and C_p = the filtrate concentration of the marker from an integral membrane unit.

 (iv) Systems shall establish a control limit within the sensitivity limits of the direct integrity test that is indicative of an integral membrane unit capable of meeting the removal credit awarded by the Department.

 (v) If the result of a direct integrity test exceeds the control limit established under subparagraph (iv), the system shall remove the membrane unit from service. Systems shall conduct a direct integrity test to verify any repairs, and may return the membrane unit to service only if the direct integrity test is within the established control limit.

 (vi) Systems shall conduct direct integrity testing on each membrane unit at a frequency of at least once each day that the membrane unit is in operation. The Department may approve less frequent testing, based on demonstrated process reliability, the use of multiple barriers effective for Cryptosporidium, or reliable process safeguards.

 (4) Indirect integrity monitoring. Systems shall conduct continuous indirect integrity monitoring on each membrane unit according to the criteria in subparagraphs (i)—(v). Indirect integrity monitoring is defined as monitoring some aspect of filtrate water quality that is indicative of the removal of particulate matter. A system that implements continuous direct integrity testing of membrane units in accordance with the criteria in subparagraphs (i)—(v) is not subject to the requirements for continuous indirect integrity monitoring. Systems shall submit a monthly report to the Department summarizing all continuous indirect integrity monitoring results triggering direct integrity testing and the corrective action that was taken in each case.

 (i) Unless the Department approves an alternative parameter, continuous indirect integrity monitoring must include continuous filtrate turbidity monitoring.

 (ii) Continuous monitoring must be conducted at least once every 15 minutes.

 (iii) Continuous monitoring must be separately conducted on each membrane unit.

 (iv) If indirect integrity monitoring includes turbidity and if the filtrate turbidity readings are above 0.15 NTU for a period greater than 15 minutes (that is, two consecutive 15-minute readings above 0.15 NTU), direct integrity testing must immediately be performed on the associated membrane unit as specified in paragraph (3)(i)—(v).

 (v) If indirect integrity monitoring includes a Department-approved alternative parameter and if the alternative parameter exceeds a Department-approved control limit for a period greater than 15 minutes, direct integrity testing shall immediately be performed on the associated membrane units as specified in paragraph (3)(i)—(v).

 (l) Second stage filtration. Systems receive 0.5-log Cryptosporidium treatment credit for a separate second stage of filtration that consists of sand, dual media, GAC or other fine grain media following granular media filtration if approved by the Department. To be eligible for this credit, the first stage of filtration must be preceded by a coagulation step and both filtration stages must treat the entire plant flow taken from a surface water or GUDI source. A cap, such as GAC, on a single stage of filtration is not eligible for this credit. The Department will approve the treatment credit based on an assessment of the design characteristics of the filtration process.

 (m) Slow sand filtration (as secondary filter). Systems are eligible to receive 2.5-log Cryptosporidium treatment credit for a slow sand filtration process that follows a separate stage of filtration if both filtration stages treat entire plant flow taken from a surface water or GUDI source and no disinfectant residual is present in the influent water to the slow sand filtration process. The Department will approve the treatment credit based on an assessment of the design characteristics of the filtration process. This subsection does not apply to treatment credit awarded to slow sand filtration used as a primary filtration process.

 (n) Inactivation toolbox components. Calculation of CT values.

 (1) Systems with treatment credit for chlorine dioxide or ozone under subsection (o) or (p) must calculate CT at least once each day, with both C and T measured during peak hourly flow as specified in § 109.304(c) and 40 CFR 141.74(b)(3) (relating to analytical and monitoring requirements).

 (2) Systems with several disinfection segments in sequence may calculate CT for each segment, where a disinfection segment is defined as a treatment unit process with a measurable disinfectant residual level and a liquid volume. Under this approach, systems shall add the Cryptosporidium CT values in each segment to determine the total CT for the treatment plant.

 (o) Chlorine dioxide. Systems are eligible to receive the Cryptosporidium treatment credit listed in Table 1, CT Values (mg * min/L) for Cryptosporidium Inactivation by Chlorine Dioxide, contained in Appendix A to Subchapter L by meeting the corresponding chlorine dioxide CT value for the applicable water temperature, as described in subsection (n).

 (p) Ozone. Systems receive the Cryptosporidium treatment credit listed in Table 2, CT Values (mg * min/L) for Cryptosporidium Inactivation by Ozone, contained in Appendix A to Subchapter L, by meeting the corresponding ozone CT values for the applicable water temperature, as described in subsection (n).

 (q) Ultraviolet light. Systems receive Cryptosporidium, Giardia lamblia and virus treatment credits for ultraviolet (UV) light reactors by achieving the corresponding UV dose values shown in Table 3, UV Dose for Cryptosporidium, Giardia lamblia and Virus Inactivation, contained in Appendix A to Subchapter L, as described in paragraph (1). Systems shall validate and monitor UV reactors as described in paragraphs (2) and (3) to demonstrate that they are achieving a particular UV dose value for treatment credit.

 (1) UV dose table. The treatment credits listed in Table 3 are for UV light at a wavelength of 254 nm as produced by a low pressure mercury vapor lamp. To receive treatment credit for other lamp types, systems shall demonstrate an equivalent germicidal dose through reactor validation testing, as described in paragraph (2). The UV dose values in this table are applicable only to post-filter applications of UV in filtered systems.

 (2) Reactor validation testing. Systems shall use UV reactors that have undergone validation testing, conducted by a party acceptable to the Department, to determine the operating conditions under which the reactor delivers the UV dose required in paragraph (1) (that is, validated operating conditions). These operating conditions must include flow rate, UV intensity as measured by a UV sensor and UV lamp status.

 (i) When determining validated operating conditions, systems shall account for the following factors:

 (A) UV absorbance of the water.

 (B) Lamp fouling and aging.

 (C) Measurement uncertainty of on-line sensors.

 (D) UV dose distributions arising from the velocity profiles through the reactor.

 (E) Failure of UV lamps or other critical system components.

 (F) Inlet and outlet piping or channel configurations of the UV reactor.

 (ii) Validation testing must include the following: Full scale testing of a reactor that conforms uniformly to the UV reactors used by the system and inactivation of a test microorganism whose dose response characteristics have been quantified with a low pressure mercury vapor lamp.

 (iii) The Department may accept alternative validation testing approaches, if these approaches are first approved by the EPA.

 (3) Reactor monitoring.

 (i) Systems shall monitor their UV reactors to determine if the reactors are operating within validated conditions, as determined under paragraph (2). This monitoring must include UV intensity as measured by a UV sensor, flow rate, lamp status, and other parameters the Department designates based on UV reactor operation. Systems shall verify the calibration of UV sensors and shall recalibrate sensors in accordance with a protocol the Department approves.

 (ii) To receive treatment credit for UV light, systems shall treat at least 95% of the water delivered to the public during each month by UV reactors operating within validated conditions for the required UV dose, as described in paragraphs (1) and (2). Systems shall demonstrate compliance with this condition by the monitoring required under subparagraph (i).

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