§ 109.606. Chemicals, materials and equipment.
(a) Chemicals, materials or equipment which come in contact with the water or may affect the quality of the water may not be used unless the chemicals, materials or equipment are acceptable to the Department.
(b) Chemicals used by a public water supplier which come in contact with the water or may affect the quality of the water and which are certified for conformance with ANSI/NSF Standard 60 (Drinking Water Treatment Chemicals—Health Effects—NSF) or meet the food grade standards of the United States Pharmacopeia are deemed acceptable to the Department.
(c) Materials or equipment used in the construction or modification of a public water system, including waterline extensions, mechanical devices and drinking water treatment equipment, which come into contact with the water or may affect the quality of the water and which are certified for conformance with ANSI/NSF Standard 61 (Drinking Water System Components—Health Effects—NSF) are deemed acceptable to the Department.
(d) Drinking water treatment equipment used in the construction or modification of a public water system which comes into contact with the water or may affect the quality of the water and which is certified for inactivation, reduction or removal performance in conformance with PDWEP is deemed acceptable to the Department.
(e) Acceptable certification under subsection (b), (c) or (d) related to ANSI/NSF Standards 60 and 61 or PDWEP includes that performed by NSF International or other certification organization acceptable to the Department. To be acceptable to the Department, a certification organization shall be accredited by ANSI as a third party certification organization and meet the following requirements. The organization shall:
(1) Demonstrate it is independent of manufacturers using the certification organization’s services.
(2) Require that a registered mark or seal be placed upon each product certified under ANSI/NSF Standard 60 or 61 or PDWEP, as applicable.
(3) Maintain an ongoing quality assurance and quality control program that includes, at a minimum, the following:
(i) Periodic announced and unannounced factory follow-ups and audits at sufficient frequency and in sufficient detail to assure the product evaluated is the same as the product being manufactured.
(ii) Maintenance of or accessibility to a laboratory certified by the Department meeting the minimum laboratory certification criteria for drinking water analysis.
(iii) Maintenance of staff toxicologists or accessibility to toxicologists to perform the toxicological review and evaluation portions of the product assessments.
(iv) Maintenance of procedures for notification and recall of the use of the registered mark or seal for previously certified products which do not meet the certification requirements of ANSI/NSF Standards 60 and 61 or PDWEP.
(v) For equipment that is claimed to remove or reduce a specific contaminant, the name of the organization that meets the accreditation standards of the ANSI and that has certified the device to verify its inactivation, reduction or removal performance for that contaminant, the name of the testing protocol or standard used to test the device, a statement from the testing laboratory giving the date of the test, a summary of the results and the date, if any, by which the device shall be retested for verification of the removal or reduction performance to remain effective.
(4) Require appropriate product reevaluation depending upon the results of the factory follow-ups and audits and changes in the standards themselves.
(5) Perform certification evaluations for any manufacturer or applicant.
(6) Evaluate and certify an appropriately broad range of products—additives, direct additives or indirect additives.
(7) Maintain and publish a listing of certified products and distribute the listing to State regulatory agencies and others, as appropriate, at least annually.
(f) Facilities or equipment, including, but not limited to, pipes, pumping facilities and storage tanks, previously or currently used for the treatment, storage or transportation of wastewater, petroleum products or other nonfood products, except for facilities or equipment used to store or transport chemicals used in treating drinking water, may not be used for the treatment, transportation or storage of drinking water.
Authority The provisions of this § 109.606 amended under section 4(a) of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4(a)); and section 1920-A(b) of The Administrative Code of 1929 (71 P.S. § 510-20(b)).
Source The provisions of this § 109.606 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended December 24, 1993, effective December 25, 1993, 23 Pa.B. 6147; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (347120) to (347121).
Cross References This section cited in 25 Pa. Code § 109.612 (relating to POE devices); 25 Pa. Code § 109.701 (relating to reporting and recordkeeping); and 25 Pa. Code § 109.1005 (relating to permit requirements).
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