PROPOSED RULEMAKING
[25 PA. CODE CH. 109]
Interim Enhanced Surface Water Treatment
[30 Pa.B. 4611] The Environmental Quality Board (Board) proposes to amend Chapter 109 (relating to safe drinking water). The proposed amendments pertain to filtration systems that serve at least 10,000 people and that use either surface water sources or groundwater sources that are under the direct influence of surface water (GUDI). The proposed amendments establish: 2-log (99%) Cryptosporidium removal requirements; strengthened combined filter effluent turbidity performance standards and individual filter turbidity provisions; and disinfection benchmark provisions to assure continued levels of microbial protection while facilities take the necessary steps to comply with new disinfection byproduct standards. Also, the proposed amendments include Cryptosporidium in the definition of ''GUDI.''
The proposal was adopted by the Board at its meeting of July 18, 2000.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Jeffrey A. Gordon, Acting Chief, Division of Drinking Water Management, P. O. Box 8467, Rachel Carson State Office Building, Harrisburg, PA 17105-8467, (717) 772-4018 or Pamela Bishop, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection's (Department) Web site (http://www.dep.state.pa.us).
C. Statutory Authority
The proposed rulemaking is being made under the authority of section 4 of the Pennsylvania Safe Drinking Water Act (act) (35 P. S. § 721.4), which grants the Board the authority to adopt rules and regulations governing the provision of drinking water to the public, and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-7 and 510-20).
D. Background and Purpose
The Board promulgated the Filter Rule in March of 1989 to address the rising number of waterborne disease outbreaks in this Commonwealth. The rule required public water systems with surface water sources to filter and disinfect, cover finished water reservoirs, perform treatment performance and water quality compliance monitoring and provide public notification of violations. The rule also established design and performance standards for the filtration and disinfection treatment techniques intended to protect against the adverse health effects of exposure to Giardia lamblia, viruses and legionella, as well as many other pathogenic organisms. The United States Environmental Protection Agency (EPA) also promulgated the Federal Surface Water Treatment Rule (SWTR) in 1989.
The Federal SWTR did not specifically address the protozoan Cryptosporidium parvum. In terms of occurrence, Cryptosporidium is common in the environment. Most surface water sources contain, or are vulnerable to, Cryptosporidium contamination at one time or another. Since some people are carriers, Cryptosporidium may enter the water by means of treated or untreated sewage. Other sources of Cryptosporidium contamination are those animals that live in or near water. Livestock are notorious carriers of Cryptosporidium. Runoff from watersheds allows transport of this pathogen into water bodies used as sources for drinking water treatment plants. Complicating this matter is Cryptosporidium's resistance to standard disinfection practices.
In humans, Cryptosporidium may cause a severe gastrointestinal infection, termed cryptosporidiosis, that can last several weeks. It may cause the death of individuals who have a weaker immune system due to age, cancer treatment, AIDS and antirejection organ replacement drugs. In 1993, Cryptosporidium caused over 400,000 people in Milwaukee to experience serious intestinal illness. More than 4,000 were hospitalized and at least 50 deaths were attributed to the Cryptosporidium outbreak. There has also been cryptosporidiosis outbreaks in Nevada, Oregon, and Georgia over the past several years.
The Federal Interim Enhanced Surface Water Treatment Rule (IESWTR) was promulgated on December 16, 1998, by EPA. This rule is intended to improve the control of microbial pathogens, specifically the protozoan Cryptosporidium parvum, in drinking water. The IESWTR applies to public water systems serving 10,000 or more people and which use surface water or groundwater under GUDI. Key provisions established include: a Maximum Contaminant Level Goal (MCLG) of zero for Cryptosporidium; 2-log Cryptosporidium removal requirements for systems that filter; strengthened combined, and individual, filter effluent turbidity performance standards; disinfection benchmark provisions to assure continued levels of microbial protection while facilities take the necessary steps to comply with new disinfection byproduct standards; inclusion of Cryptosporidium in the definition of ''GUDI''; and sanitary surveys for all surface water systems regardless of size. Published concurrently with the IESWTR is the Disinfectants and Disinfection Byproducts Rule (D/DBPR). The D/DBPR is intended to regulate disinfection practices at public water systems to eliminate or minimize disinfection byproducts that may cause harmful health effects.
On April 14, 2000, the EPA proposed corrective amendments to both the IESWTR and D/DBPR. These corrective amendments are minor in nature (such as, change in compliance date from December 17, 2001 to January 1, 2002) and are, presently still in the proposed stage of rulemaking. For the purposes of this proposed rulemaking, the Department assumes that all of the proposed Federal corrective amendments will ultimately be adopted as final amendments. When the final Federal corrective amendments are promulgated, those final changes will be taken into consideration in connection with final adoption of this proposed rulemaking.
Other Federal rules expected to be promulgated in the future as follow-up to both the IESWTR and the D/DBPR are: the Long Term 1 (LT1) and the Long Term 2 (LT2) Enhanced Surface Water Treatment Rules, Stage 2 Disinfectants and Disinfection Byproducts Rule, and the Filter Backwash Rule (FBR). The LT1 will apply to public water systems using surface water or GUDI sources and that serve less than 10,000. The LT1 and the FBR are expected in 2001. The LT2 and Stage 2 D/DBP Rule are expected in 2002.
The Board is proposing to incorporate the provisions of both the Federal IESWTR and the proposed Federal corrective amendments into the Pennsylvania Safe Drinking Water Regulations. The rulemaking is necessary for the Commonwealth to retain primacy under the Federal Safe Drinking Water Act. (See 35 P. S. §§ 721.2(a)(3) and 721.5(a) and 42 U.S.C.A. § 300g-2a.) The proposed amendments will provide additional protection against disease-causing organisms (pathogens) in drinking water. The proposed amendments would focus primarily on treatment requirements for the waterborne pathogens of Giardia, Cryptosporidium and viruses. With the exception of sanitary surveys, the proposed amendments would apply to all public water systems that use surface water or GUDI sources and that serve at least 10,000 people. Among the features of the rule would be a change in the definition of ''surface water'' and the addition of the new ''GUDI'' definition, and new or additional requirements for control of Giardia, Cryptosporidium and viruses. Ultimately, the proposed amendments will decrease the likelihood of endemic illness from Cryptosporidium, thus reducing health care costs. In addition, the filtration provisions of the rule are expected to increase the level of protection from other pathogens (such as, Giardia lamblia or other waterborne bacterial or viral pathogens).
The draft proposed amendments were submitted for review to the Water Resources Advisory Committee (WRAC) on February 9, 2000. Comments were received from the WRAC on March 21, 2000. The draft proposed amendments were submitted to the Small Water Systems Technical Assistance Center Advisory Board (TAC) for review and discussion on March 23, 2000. Comments were received from the TAC on April 19, 2000.
Advisory Committees' Recommendations
The Department presented three issues to WRAC and TAC. These issues, and the Committees' responses, are as follows:
1. Should the Department seek third-party assistance on Comprehensive Performance Evaluations (CPEs)?
WRAC believes that utilities should have the option of obtaining third-party services to conduct CPEs. Accordingly, the Department should have oversight of all third-party purveyors to ensure proper and consistent CPE procedures.
TAC Board feels that CPEs should be performed by the Department. TAC feels that the Department has the expertise and that CPEs are an issue of regulatory oversight. TAC also feels that this interaction with the Department would further strengthen the partnership/assistance relationships that have already been cultivated between the Department and the regulated community.
With both WRAC and TAC suggesting opposing opinions on this issue, the Department proceeded to make the final decision. The Department decided to exclude third parties from providing CPEs. In making its decision, the Department felt strongly that most of the water systems affected by this rule are well-positioned for compliance with the rule's provisions. Consequently, the Department believes that the number of required CPEs will be too few for third parties to develop and maintain sufficient expertise to perform this service at a reasonable cost.
2. Should the IESWTR be extended to systems serving fewer than 10,000 people?
Both WRAC and TAC committees believe that the rule should not be extended to smaller systems until so required by Federal regulations. TAC recommended that small systems now need to recognize that this rule will eventually be applied to them. The Department should notify small systems of this requirement as soon as possible. A dissenting member of the TAC Board, however, felt that if this action would provide greater protection to public health, and if the majority of systems are already complying with these requirements, then the IESWTR should be put in place for everyone.
The proposed amendments reflect the WRAC and TAC's recommendation.
3. Should the Department express the filtered water turbidity standard as 1 NTU, as done by the EPA, or as 1.0 NTU?
Both committees believe that the Department should not add the additional decimal place since this would be more stringent than the Federal regulations. Both committees recommended to keep the filtered water turbidity limit at 1 NTU since we are already reducing the limit from 2.0 NTU. The vote on this recommendation was not unanimous for the TAC Board for the same reasons stated in paragraph (2).
The proposed amendments reflect WRAC and TAC's recommendation.
E. Summary of Regulatory Requirements
The proposed amendments reflect, and are no more stringent than, both the new Federal IESWTR requirements and the proposed Federal corrective amendments.
1. § 109.1. Definitions.
This section was amended to add the following EPA definitions: ''CPE--Comprehensive Performance Evaluation,'' ''disinfection profile,'' ''filter profile'' and ''GUDI--groundwater under the direct influence of surface water.'' The current definitions of ''National Primary Drinking Water Regulations'' and ''surface water'' were also amended. The current language in Chapter 109 included GUDI in the definition of ''surface water.'' Since the EPA's new GUDI definition was added, the ''surface water'' definition was amended to delete GUDI inclusion. These amendments reflect the new definitions found in 40 CFR 141.2.
2. § 109.202(c)(1). Treatment technique requirements for pathogenic bacteria, viruses and protozoan cysts.
This paragraph includes the requirement for 99% removal of Cryptosporidium for systems serving 10,000 or more people. This amendment reflects the Federal requirement in 40 CFR 141.73 (relating to filtration).
3. § 109.202(c)(1)(i)(A)(III). Conventional or direct filtration.
This new subclause was added to incorporate the EPA's revised turbidity performance standards for conventional and direct filtration systems serving 10,000 or more people. This amendment reflects the Federal requirement in 40 CFR 141.173(a)(1) (relating to filtration).
4. § 109.202(c)(1)(i)(C). Other filtration technologies.
This clause was amended to clarify the Department's discretionary authority with respect to turbidity standards. It may be necessary to require a more stringent turbidity standard to ensure that the proposed standard of 99% Cryptosporidium oocyst removal is achieved under § 109.202(c)(1). The effect of this amendment will be no more stringent than the current requirement in § 109.202(c)(1)(i)(C).
5. § 109.204. Disinfection profiling and benchmarking.
This new section was added to incorporate the EPA's new disinfection profiling and benchmarking requirements for systems using surface water or GUDI sources and serving 10,000 or more people. The amendment reflects the Federal requirement in 40 CFR 141.172 (relating to disinfection profiling and benchmarking). The amendment will require public water systems required to conduct disinfection profiling to submit the disinfection profiling data and the benchmark data to the Department by June 1, 2001, in a format acceptable to the Department.
6. § 109.205. Filter profile, filter self-assessment and comprehensive performance evaluations.
This new section was added to incorporate the EPA's new individual filter evaluation requirements. This amendment reflects the Federal requirements in 40 CFR 141.175.
7. § 109.301(1)(iv). Performance monitoring for filtration and disinfection.
This new subparagraph was added to incorporate the EPA's individual filter continuous monitoring requirements for systems using surface water or GUDI sources and serving 10,000 or more people. This subparagraph also includes the EPA's requirements for turbidimeter calibration and continuous monitor failure procedures. This amendment reflects the Federal requirements in 40 CFR 141.174(a) and (b) (relating to filtration sampling requirements).
8. § 109.605(1). Minimum treatment design standards.
This paragraph was amended to incorporate the requirement of 99% removal of Cryptosporidium oocysts for systems using surface water and GUDI sources and serving 10,000 or more people. This amendment reflects the Federal requirements in 40 CFR 141.173(b).
9. § 109.701(a)(2)(i)(A). Monthly reporting requirements for performance monitoring.
This clause was amended to incorporate the EPA's new monthly turbidity reporting requirements for systems using surface water or GUDI sources and serving 10,000 or more people. This amendment reflects the Federal requirements in 40 CFR 141.175.
10. § 109.701(a)(2)(i)(B). Monthly reporting requirements for performance monitoring.
This clause was amended to incorporate the EPA's new monthly residual disinfectant reporting requirements for systems using surface water or GUDI sources and serving 10,000 or more people. This amendment reflects the Federal requirements in 40 CFR 141.175.
11. § 109.701(e). Reporting requirements for public water systems required to perform individual filter monitoring under § 109.301(1)(iv).
This new subsection was added to incorporate the EPA's new reporting requirements for systems conducting individual filter monitoring. This amendment reflects the new Federal requirements found in 40 CFR 141.175.
12. § 109.701(f). Alternative individual filter turbidity exceedance levels.
This new subsection was added to incorporate the EPA's alternative turbidity criteria for systems practicing lime softening. This amendment reflects the new Federal requirements found in 40 CFR 141.175.
13. § 109.703(b)(5). Facilities operation.
This paragraph was amended to require conventional or direct filtration facilities without individual filter bed turbidity monitoring capabilities to conduct annual filter bed evaluations. This amendment reflects the Federal requirements in 40 CFR 141.174.
14. § 109.714. Filter profile, filter self-assessment and comprehensive performance evaluations.
This new section was added to incorporate the EPA's new reporting requirements for individual filter evaluations. This amendment reflects the Federal requirements in 40 CFR 141.175.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed amendments.
Benefits
The implementation of the proposed amendments will significantly reduce the level of Cryptosporidium in finished drinking water supplies through improvements in filtration. The rule will also reduce the likelihood of the occurrence of outbreaks of cryptosporidiosis by providing a larger margin of safety against the outbreaks for some systems. In addition, the filtration provisions of the rule are expected to increase the level of protection from other pathogens (for example, Giardia lamblia or other waterborne bacterial or viral pathogens).
Compliance Costs
Approximately 120 public water systems will be affected by these proposed amendments. These systems will incur increased costs as a result of improved turbidity treatment and disinfection benchmark monitoring. The customers of these affected water systems may experience higher water rates as a result of these increased costs. The actual increase in water rates will depend on a number of factors, including population served and the filtration technology utilized. According to the EPA studies conducted Nationally, 92% of the households affected by this proposed rulemaking will incur less than a cost of $1 per month. Seven percent of the affected households will face an increase in cost of $1 to $5 per month. The highest increase in cost will be approximately $8 per month and will be faced by approximately 23,000 households Nationally.
The assumptions and structure of the EPA analysis tend to overestimate the highest costs. To incur these higher costs, a system would have to implement all, or almost all, of the treatment activities. These systems, however, might seek less costly alternatives, such as connecting into a larger regional water system.
The estimated total annual cost that will be borne by the regulated community in this Commonwealth will be about $10.3 million. Many filtration plants evaluated in this Commonwealth currently meet the IESWTR turbidity requirements and, possibly, may not incur additional expense for improved turbidity removal. The benefits that may result from this proposed rulemaking in this Commonwealth may range from $20 to $100 million per year using a valuation of $2,000 in health damages avoided per cryptosporidiosis illness prevented.
Compliance Assistance Plan
The Safe Drinking Water Program utilizes the Commonwealth's PENNVEST Program to offer financial assistance to eligible public water systems. This assistance is in the form of a low-interest loan, with some augmenting grant funds for hardship cases. Eligibility is based upon factors such as public health impact, compliance necessity and project/operational affordability.
The Safe Drinking Water Program has established a network of regional and central office training staff that is responsive to identifiable training needs. The target audience in need of training may be either program staff or the regulated community.
In addition to this network of training staff, the Bureau of Water Supply Management has a division dedicated to providing both training and outreach support services to public water system operators. The Department's Internet site also contains the Drinking Water & Wastewater Treatment System Operator Information Center Internet site, which provides a bulletin board of timely, useful information for treatment plant operators.
Paperwork Requirements
The proposed amendments will require public water systems to monitor and report individual filter turbidity. It is anticipated that this additional monitoring and reporting will be easily facilitated by the addition of one or two new data reporting forms and that little additional paperwork will be necessary.
G. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion of the proposed amendments to which an objection is made. The Regulatory Review Act specifies detailed procedures for review by the Department, the Governor and the General Assembly of objections raised prior to final publication of the amendments.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17105-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by October 2, 2000 (within 30 days of publication in the Pennsylvania Bulletin). Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by October 2, 2000 (within 30 days of publication in the Pennsylvania Bulletin). The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulations will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@dep.state.pa.us and must also be received by the Board by October 2, 2000. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgement of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-358. (1) General Fund; (2) Implementing Year 2000-01 is $1,352,000; (3) 1st Succeeding Year 2001-02 is $1,352,000; 2nd Succeeding Year 2002-03 is $1,352,000; 3rd Succeeding Year 2003-04 is $1,352,000; 4th Succeeding Year 2004-05 is $1,352,000; 5th Succeeding Year 2005-06 is $1,352,000;
Environmental Environmental Program Protection Management Operations (4) Fiscal Year 1999-00 $40,200,000 $71,402,000 Fiscal Year 1998-99 $33,123,000 $70,083,000 Fiscal Year 1997-98 $31,139,000 $64,093,000 (7) Environmental Program Management and Environmental Protection Operations; (8) recommends adoption. The costs will be covered from these two appropriations. An estimated 85% of the costs should be reimbursed by the Federal government.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
DEPARTMENT OF ENVIRONMENTAL PROTECTION
CHAPTER 109. SAFE DRINKING WATER
Subchapter A. GENERAL PROVISIONS § 109.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * CPE--Comprehensive Performance Evaluation--A thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation and maintenance practices.
(i) The CPE is conducted to identify factors that may be adversely impacting a plant's capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements.
(ii) The CPE shall consist of at least the following components:
(A) Assessment of plant performance.
(B) Evaluation of major unit processes.
(C) Identification and prioritization of performance limiting factors.
(D) Assessment of the applicability of comprehensive technical assistance.
(E) Preparation of a CPE report.
* * * * * Disinfection profile--The summary of daily Giardia lamblia inactivation through the treatment plant as determined through procedures and measurement methods established by the EPA.
* * * * * Filter profile--A graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.
* * * * * GUDI--Groundwater Under the Direct Influence of Surface Water--
(i) Any water beneath the surface of the ground with the presence of insects or other macroorganisms, algae, organic debris or large diameter pathogens such as Giardia lamblia and Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity or pH which closely correlate to climatological or surface water conditions. The term does not include finished water.
* * * * * National Primary Drinking Water Regulations--Primary drinking water regulations and implementation regulations promulgated by the Administrator under the Federal act [at] in 40 CFR [141.1--141.42 and 142.1--142.55] Parts 141 and 142 (relating to National Primary Drinking Water Regulations; and National Primary Drinking Water Regulations Implementation). The term includes interim, revised and final regulations.
* * * * * Surface water--Water open to the atmosphere or subject to surface runoff[, or water directly influenced by surface water, which may include springs, infiltration galleries, cribs or wells]. The term does not include finished water. [Water is directly influenced by surface water when the aquifer is configured to allow the passage of pathogenic protozoans, subjecting the source to contamination by the protozoans. Direct influence may be determined on a case-by-case basis and may be determined by one or both of the following:
(i) Significant and relatively rapid shifts in water characteristics, such as turbidity, temperature, conductivity or pH (which may also change in groundwater but at a much slower rate) which closely correlate to climatologic or surface water conditions.
(ii) The presence of insects or other macroorganisms, algae, organic debris or large-diameter protozoans such as Giardia lamblia.]
* * * * *
Subchapter B. MCLS OR TREATMENT TECHNIQUE REQUIREMENTS § 109.202. State MCLs and treatment technique requirements.
* * * * * (c) Treatment technique requirements for pathogenic bacteria, viruses and protozoan cysts. A public water system shall provide adequate treatment to reliably protect users from the adverse health effects of microbiological contaminants, including pathogenic bacteria, viruses and protozoan cysts. The number and type of treatment barriers and the efficacy of treatment provided shall be commensurate with the type, degree and likelihood of contamination in the source water.
(1) A public water supplier shall provide, as a minimum, continuous filtration and disinfection for surface water and GUDI sources. The treatment technique shall provide at least 99.9% removal and inactivation of Giardia lamblia cysts, and at least 99.99% removal and inactivation of enteric viruses. Beginning January 1, 2002, public water suppliers serving 10,000 or more people shall provide at least 99% removal of cryptosporidium oocysts. The Department, depending on source water quality conditions, may require additional treatment as necessary to meet the requirements of this chapter and to protect the public health.
(i) The filtration process shall meet the following performance requirements:
(A) Conventional or direct filtration.
* * * * * (III) Beginning January 1, 2002, for public water systems serving 10,000 or more persons, the filtered water turbidity shall meet the following criteria:
(-a-) Be less than or equal to 0.3 NTU in at least 95% of the measurements taken each month under § 109.301(1).
(-b-) Be less than or equal to 1 NTU at all times, measured under § 109.301(1).
* * * * * (C) Other filtration technologies. The same performance criteria as those given for conventional filtration and direct filtration in clause (A) shall be achieved unless the Department specifies more stringent performance criteria.
* * * * * (vi) For a source including springs, infiltration galleries, cribs or wells permitted for use by the Department prior to May 16, 1992, and determined by the Department to be [directly influenced by surface water] a GUDI source, the public water supplier shall:
* * * * * (B) Provide continuous filtration and disinfection in accordance with this paragraph within 48 months after the Department determines the source of supply is [directly influenced by surface water] a GUDI source.
(C) Submit to the Department for approval a feasibility study within 1 year after the Department determines the source of supply is [directly influenced by surface water] a GUDI source. The feasibility study shall specify the means by which the supplier shall, within the deadline established in clause (B), meet the requirements of this paragraph and shall otherwise comply with paragraph (1)(iv)(A).
* * * * * § 109.204. Disinfection profiling and benchmarking.
The disinfection profiling and benchmarking requirements, established by the EPA under the National Primary Drinking Water Regulations in 40 CFR 141.172 (relating to disinfection profiling and benchmarking) are incorporated by reference except as otherwise established by this chapter. The public water supplier shall conduct disinfection profiling in accordance with the procedures and methods in the most current edition of the Disinfection Profiling and Benchmarking Guidance Manual published by the EPA. The public water supplier required to conduct disinfection profiling shall submit the disinfection profiling data and the benchmark data to the Department by June 1, 2001, in a format acceptable to the Department.
§ 109.205. Filter profile, filter self-assessment and comprehensive performance evaluations.
Public water systems are required to perform or conduct a filter profile, filter self-assessment or comprehensive performance evaluation if any individual filter monitoring conducted under § 109.301(1)(iv) (relating to general monitoring requirements) demonstrates that one or more of the following conditions exist:
(1) A public water system shall produce a filter profile within 7 days of an individual filter turbidity exceedance (unless the reason for the exceedance can be determined) if any individual filter has a measured turbidity level greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart; or, if any individual filter has a measured turbidity level greater than 0.5 NTU in two consecutive measurements taken 15 minutes apart at the end of the first 4 hours of continuous filter operation after the filter has been backwashed or otherwise taken offline.
(2) A public water system shall conduct a filter self-assessment within 14 days of an individual filter turbidity exceedance if any individual filter has a measured turbidity level greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of 3 consecutive months.
(3) A public water system shall arrange for a comprehensive performance evaluation to be conducted by the Department within 30 days of any individual filter having a measured turbidity level greater than 2.0 NTU in 2 consecutive measurements taken 15 minutes apart at any time in each of 2 consecutive months. The comprehensive performance evaluation shall be completed within 90 days following the individual filter turbidity exceedance.
Subchapter C. MONITORING REQUIREMENTS § 109.301. General monitoring requirements.
The monitoring and analytical requirements, including approved sampling procedures and analytical techniques, established by the EPA under the National Primary Drinking Water Regulations, 40 CFR Part 141 (relating to national primary drinking water regulations), as of December 8, 1984, are incorporated by reference. Public water suppliers shall monitor for compliance with MCLs in accordance with the requirements established in the National Primary Drinking Water Regulations, except as otherwise established by this chapter unless increased monitoring is required by the Department under § 109.302 (relating to special monitoring requirements). Alternative monitoring requirements may be established by the Department and may be implemented in lieu of monitoring requirements for a particular National Primary Drinking Water Regulation if the alternative monitoring requirements are in conformance with the Federal act and regulations. The monitoring requirements shall be applied as follows:
(1) Performance monitoring for filtration and disinfection. A public water supplier providing filtration and disinfection of surface water or GUDI sources shall[, beginning July 1, 1990,] conduct the performance monitoring requirements established by the EPA under the National Primary Drinking Water Regulations, unless increased monitoring is required by the Department under § 109.302.
(i) Except as provided under subparagraphs (ii) and (iii), a public water supplier:
(A) Shall determine and record the turbidity level of representative samples of the system's filtered water at least once every 4 hours that the system is in operation, except as provided in clause (B).
(B) May substitute continuous turbidity monitoring and recording for grab sample monitoring and manual recording if it validates the continuous measurement for accuracy on a regular basis using a [protocol approved] procedure specified by the [Department] manufacturer. For systems using slow sand filtration or filtration treatment other than conventional filtration, direct filtration or diatomaceous earth filtration, the Department may reduce sampling frequency to once per day.
(C) Shall continuously monitor and record the residual disinfectant concentration of the water being supplied to the distribution system and record both the lowest value for each day and the number of periods each day when the value is less than .2 mg/l for more than 4 hours. If a public water system's continuous monitoring or recording equipment fails, the public water supplier may, upon notification of the Department under § 109.402 (relating to emergency public notification), substitute grab sampling or manual recording every 4 hours in lieu of continuous monitoring. Grab sampling or manual recording may not be substituted for continuous monitoring or recording for longer than 5 days after the equipment fails.
(D) Shall measure and record the residual disinfectant concentration at representative points in the distribution system no less frequently than the frequency required for total coliform sampling for compliance with the MCL for microbiological contaminants.
* * * * * (iv) A public water supplier providing conventional filtration treatment or direct filtration and serving 10,000 or more people and using surface water or GUDI sources shall, beginning January 1, 2002, conduct continuous monitoring of turbidity for each individual filter using an approved method under the EPA regulation in 40 CFR 141.74(a) (relating to analytical and monitoring requirements) and record the results every 15 minutes.
(A) The water supplier shall calibrate turbidimeters using the procedure specified by the manufacturer.
(B) If there is failure in the continuous turbidity monitoring equipment, the system shall conduct grab sampling every 4 hours in lieu of continuous monitoring.
(C) A public water supplier has a maximum of 5 days following the failure of the equipment to repair or replace the equipment.
(2) Performance monitoring for unfiltered surface water and GUDI. A public water supplier using unfiltered surface water or GUDI sources shall conduct the following source water and performance monitoring requirements on an interim basis until filtration is provided, unless increased monitoring is required by the Department under § 109.302:
* * * * *
Subchapter F. DESIGN AND CONSTRUCTION STANDARDS § 109.605. Minimum treatment design standards.
The level of treatment required for raw water depends upon the characteristics of the raw water, the nature of the public water system and the likelihood of contamination. The following minimum treatment design standards apply to new facilities and major changes to existing facilities:
(1) For surface water and GUDI sources, the minimum treatment design standard for filtration technologies is a 99% removal of Giardia cysts, a 99% removal of cryptosporidium oocysts and a 99% removal of viruses. The determination of the appropriate filtration technology to be used shall be based on the following:
* * * * * (2) For surface water and GUDI sources, the minimum treatment design standard for disinfection technologies utilized prior to the first user of the system is a total of 99.9% inactivation of Giardia cysts and a 99.99% inactivation of viruses. Total treatment system disinfection capability will be credited toward this design standard. The CT factors and measurement methods established by the EPA are the criteria to be used in determining compliance with this minimum treatment design standard.
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:
* * * * * (2) Monthly reporting requirements for performance monitoring.
(i) The test results of performance monitoring required under § 109.301(1) (relating to general monitoring requirements) for public water suppliers providing filtration and disinfection of surface water or GUDI sources shall include the following at a minimum:
(A) For turbidity performance monitoring:
* * * * * (II) The number of filtered water turbidity measurements taken each month.
(III) The number of filtered water turbidity measurements that are less than or equal [or exceed] to .5 NTU for conventional, direct or other filtration technologies, or 1.0 NTU for slow sand or diatomaceous earth filtration technologies.
(IV) The date, time and values of any filtered water turbidity measurements exceeding 2.0 NTU.
(V) In lieu of clause (A)(III) and (IV), beginning January 1, 2002, for public water systems that serve 10,000 or more people and use conventional or direct filtration:
(-a-) The number of filtered water turbidity measurements that are less than or equal to 0.3 NTU.
(-b-) The date, time and values of any filtered water turbidity measurements that exceed 1 NTU for systems using conventional or direct filtration or that exceed the maximum level set under § 109.202(c)(1)(i)(A)(III) (relating to State MCLs and treatment technique requirements).
(B) For performance monitoring of the residual disinfectant concentration of the water being supplied to the distribution system:
* * * * * (III) The date, time and highest value each day the concentration is greater than the residual disinfectant concentration required under § 109.202(c) (1)(ii).
(IV) If the concentration does not rise above that required under § 109.202(c)(1)(ii), the date, time and highest value measured that month.
* * * * * (ii) The test results of performance monitoring required under § 109.301(2) for public water suppliers using unfiltered surface water or GUDI sources shall include the following, at a minimum:
* * * * * (e) Reporting requirements for public water systems required to perform individual filter monitoring under § 109.301(1)(iv).
(1) Public water systems providing filtration and disinfection of surface water sources shall report individual filter turbidity results if individual filter turbidity measurements demonstrate that one or more of the following conditions exist:
(i) An individual filter has a measured turbidity level greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart.
(ii) An individual filter has a measured turbidity level of greater than 0.5 NTU in two consecutive measurements taken 15 minutes apart at the end of the first 4 hours of continuous filter operation after the filter has been backwashed or otherwise taken offline.
(iii) An individual filter has a measured turbidity level greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of 3-consecutive months.
(iv) An individual filter has a measured turbidity level greater than 2.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of 2-consecutive months.
(2) Individual filter turbidity monitoring reported as required under paragraph (1) shall include the following at a minimum:
(i) Filter number.
(ii) Turbidity measurements.
(iii) The dates on which the exceedance occurred.
(iv) If an individual filter demonstrates a condition under paragraph (1)(i) or (ii), the date on which a filter profile was produced or the date on which the reason for a turbidity exceedance was determined.
(v) If an individual filter demonstrates a condition under paragraph (1)(iii), the date on which a filter self-assessment was conducted.
(vi) If an individual filter demonstrates a condition under paragraph (1)(iv), the date on which a comprehensive performance evaluation was conducted.
(f) Alternative individual filter turbidity exceedance levels. Public water systems using lime softening may apply to the Department for alternative individual filter turbidity exceedance levels if they demonstrate that the higher individual filter turbidity levels are due to lime carryover and not to degraded filter performance.
§ 109.703. Facilities operation.
* * * * * (b) For surface water or GUDI sources, a public water supplier using filtration shall comply with the following requirements:
* * * * * (5) [In lieu of individual filter bed turbidity monitoring] Except for public water systems covered under § 109.301(1)(iv) (relating to general monitoring), a system with conventional or direct filtration facilities permitted prior to March 25, 1989, without [those] individual filter bed turbidity monitoring capabilities shall conduct an annual filter bed evaluation program, acceptable to the Department, which includes an evaluation of filter media, valves, surface sweep and sampling of filter turbidities over one entire filter run; and shall submit to the Department, with the Annual Water Supply Report, a study that demonstrates that the water supplier's filter-to-waste or alternate approved operating procedures are meeting the operating conditions under paragraph (1) or (4).
§ 109.710. Disinfectant residual in the distribution system.
* * * * * (b) A public water system that uses surface water or GUDI sources or obtains finished water from another permitted public water system using surface water or GUDI sources shall comply with the following requirements:
* * * * * § 109.714. Filter profile, filter self-assessment and comprehensive performance evaluations.
Public water systems required to perform individual filter monitoring under § 109.301(1)(iv) (relating to general monitoring requirements) shall notify the Department if individual filter turbidity measurements demonstrate that one or more of the following conditions exist:
(1) If an individual filter demonstrates a condition under § 109.701(e)(1)(i) or (ii) (relating to reporting and recordkeeping), the Department shall be notified within 24 hours of the turbidity level exceedance that a filter profile will be produced within 7 days of the turbidity level exceedance, unless the system notifies the Department of the reason for the exceedance.
(2) If an individual filter demonstrates a condition under § 109.701(e)(1)(iii), the Department shall be notified within 24 hours of the turbidity level exceedance that a self-assessment of the filter will be conducted within 14 days of the turbidity level exceedance. A filter self-assessment shall consist of at least the following components:
(i) Assessment of filter performance.
(ii) Development of a filter profile.
(iii) Identification and prioritization of factors limiting filter performance.
(iv) Assessment of the applicability of corrections.
(v) Preparation of a filter self-assessment report.
(3) If an individual filter demonstrates a condition under § 109.701(e)(1)(iv), the Department shall be notified within 24 hours of the turbidity level exceedance that a comprehensive performance evaluation will need to be conducted by the Department within 30 days following the turbidity level exceedance.
[Pa.B. Doc. No. 00-1504. Filed for public inspection September 1, 2000, 9:00 a.m.]
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