RULE 567-41.6 - Disinfection by products maximum contaminant levels and monitoring requirements

RULE 567-41.6. Disinfection by products maximum contaminant levels and monitoring requirements

(1) Stage 1 disinfection byproducts requirements.

a. Applicability.

(1) This rule establishes criteria under which CWS and NTNC public water supply systems that add a chemical disinfectant to the water in any part of the drinking water treatment process or which provide water that contains a chemical disinfectant must modify their practices to meet the MCLs listed in this rule and the maximum residual disinfectant levels (MRDL) and treatment technique requirements for disinfection by product precursors listed in 567-436. (455B).

(2) Rescinded IAB 1/7/04, effective 2/11/04.

(3) Compliance dates for this rule are based upon the source water type and the population served. Systems are required to comply with this rule as follows, unless otherwise noted. The department may assign an earlier monitoring period as part of the operation permit, but compliance with the maximum contaminant level is not required until the dates stated below.

1. CWS and NTNC systems which use surface water or groundwater under the direct influence of surface water in whole or in part and which serve 10,000 or more persons must comply with this rule beginning January 1, 2002.

2. All other CWS and NTNC systems covered by 41.6(1)"a" (1) must comply with this rule by January 1, 2004.

(4) Consecutive systems. Consecutive systems that provide water containing a disinfectant or oxidant are required to comply with this rule.

(5) Systems with multiple water sources. Systems with water sources that are used independently from each other, are not from the same source as determined by the department, or do not go through identical treatment processes are required to conduct the monitoring for the applicable disinfectants or oxidants and disinfection byproducts during operation of each source. The system must comply with this rule during the use of each water source.

b. Maximum contaminant levels for disinfection byproducts.

(1) The maximum contaminant levels (MCLs) for disinfection byproducts are as follows:

Disinfection by product

MCL (mg/L)

Bromate

0.010

Chlorite

1.0

Haloacetic acids (HAA5)

0.060

Total trihalomethanes (TTHM)*

0.080

*The TTHM MCL changed from 0.10 mg/L to 0.080 mg/L effective January 1, 2002, for CWS serving at least 10,000 people and effective January 1, 2004, for all other CWS and NTNC systems which are subject to this rule.

(2) Beginning on the date listed in the following table, a system must comply with the total trihalomethanes MCL and the haloacetic acid MCL as a locational running annual average at each monitoring location.

System Size (number of people served)

Date system must comply with MCL at each sampling location*

Systems that are not part of a combined distribution system and systems that serve the largest population in the combined distribution system

System serving at least 100,000 people

April 1, 2012

System serving 50,000-99,999 people

October 1,2012

System serving 10,000-49,999 people

October 1,2013

System serving fewer than 10,000 people

* October 1, 2013, for all groundwater systems and for SW/IGW systems that did not collectCryptosporidium source water samples

  

* October 1, 2014, for SW/IGW systems that collected Cryptosporidium source water samples

Other systems that are part of a combined distribution system

Consecutive or wholesale system

At the same time as the system with the earliest compliance date in the combined distribution system

*The department may grant up to an additional 24 months for compliance with the MCLs and operational evaluation levels if the system requires capital improvements to comply with an MCL.

c. Monitoring requirements for disinfection byproducts.

(1) General requirements.

1. Systems must take all samples during normal operating conditions.

2. 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, with department approval.

3. Failure to monitor in accordance with the monitoring plan required under 41.6(1) "c "(1)"6" is a monitoring violation.

4. Failure to monitor is a violation for the entire period covered by the annual average where compliance is based on a running annual average of monthly or quarterly samples or averages, and the system's failure to monitor makes it impossible to determine compliance with MCLs.

5. Systems may use only data collected under the provisions of this rule or 567-436. (455B) to qualify for reduced monitoring.

6. Each system required to monitor under the provisions of this rule or 567-436. (455B) must develop and implement a monitoring plan. The system must 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 in 41.6(1)"a "(3). All systems using surface water or groundwater under the direct influence of surface water and serving more than 3,300 people must submit a copy of the monitoring plan to the department by the applicable date in 41.6(1) "a"(3)"1." The department may also require the plan to be submitted by any other system. After review, the department may require changes in any plan elements. The plan must include at least the following elements:

* Specific locations and schedules for collecting samples for any parameters included in this rule.

* How the system will calculate compliance with MCLs, MRDLs, and treatment techniques.

7. The department may require a monthly monitoring frequency for disinfection by products, which would be specified in the operation permit.

(2) Bromate. Community and nontransient noncommunity systems using ozone for disinfection or oxidation must conduct monitoring for bromate.

1. Routine monitoring. Systems must take at least one sample per month for each treatment plant in the system using ozone, collected at each source/entry point to the distribution system while the ozonation system is operating under normal conditions.

2. Reduced monitoring. A system may reduce monitoring from monthly to quarterly, if the system's running annual average bromate concentration is less than or equal to 0.0025 mg/L based on monthly bromate measurements for the most recent four quarters. If the system previously qualified for reduced bromate monitoring and is on quarterly sampling frequency, it may remain on reduced monitoring as long as the running annual average of the bromate samples is less than or equal to 0.0025 mg/L. If the running annual average of quarterly bromate samples exceeds 0.0025 mg/L, the system must resume routine bromate monitoring. Only three analytical methods may be used for bromate samples under reduced monitoring: EPA Method 317.0 Revision 2.0, Method 326.0, or Method 321.8.

(3) Chlorite. Community and nontransient noncommunity water systems using chlorine dioxide, for disinfection or oxidation, must conduct monitoring for chlorite. If the system does not use chlorine dioxide on a daily basis, the system must conduct the required daily monitoring each day chlorine dioxide is used, and any required monthly monitoring during those months in which chlorine dioxide is used during any portion of the month.

1. Routine daily monitoring. Systems must take daily samples at the entrance to the distribution system. For any daily sample that exceeds the chlorite MCL, the system must take additional samples in the distribution system the following day at the locations required by 41.6(1) "c "(3)"3," which are in addition to the sample required at the entrance to the distribution system. These daily entry point to the distribution system samples may be analyzed by system personnel, in accordance with 41.6(1)"d. "

2. Routine monthly monitoring. Systems must take a three-sample set each month in the distribution system. The system must take one sample at each of the following locations: near the first customer, at a location representative of average residence time, and at a location reflecting maximum residence time in the distribution system. Any additional routine sampling must be conducted in the same manner (as three-sample sets, at the specified locations). The system may use the results of additional monitoring conducted in accordance with 41.6(1)"c "(3)"3" to meet the requirement for monitoring in 41.6(1)"c "(3)"2." These monthly distribution system samples must be analyzed by a certified laboratory using an approved ion chromatography method, in accordance with 41.6(1)"d. "

3. Additional monitoring. On each day following a routine sample monitoring result that exceeds the chlorite MCL at the entrance to the distribution system, the system is required to take three chlorite distribution system samples at the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system). These additional distribution system samples must be analyzed by a certified laboratory using an approved ion chromatography method, in accordance with 41.6(1)"d. "

4. Reduced monitoring.

* Daily chlorite monitoring at the entrance to the distribution system required by 41.6(1)"c "(3) 1" may not be reduced.

* The department may allow systems with monthly chlorite monitoring in the distribution system required by 41.6(1) "c "(3)"2" to be reduced to a requirement of 1 three-sample set per quarter after one year of monitoring where no individual chlorite sample taken in the distribution system under 41.6(1) "c "(3)"2" has exceeded the chlorite MCL and the system has not been required to conduct additional monitoring under 41.6(1)"c "(3)"3." The system may remain on the reduced monitoring schedule until either any of the three individual chlorite samples taken quarterly in the distribution system under 41.6(1)"c "(3)"2" exceeds the chlorite MCL or the system is required to conduct monitoring under 41.6(1) "c "(3)"3" of this rule, at which time the system must revert to routine monitoring.

(4) Total trihalomethanes (TTHM) and haloacetic acids (HAA5).

1. Routine monitoring. Systems must monitor at the frequency indicated in the following table. Both the TTHM and HAA5 samples must be collected as paired samples during the same time period in order for each parameter to have the same annual average period for result comparison. A paired sample is one that is collected at the same location and time and is analyzed for both TTHM and HAA5 parameters.

Routine Monitoring Frequency for TTHM and HAA5

Type of System (source water type and population served)

Minimum Monitoring Frequency

Sample Location in the Distribution System

SW/IGW3system serving [GRETAR THAN IS =] 10,000 persons

Four water samples per quarter per treatment plant

At least 25 percent of all samples collected each quarter at locations representing maximum residence time. Remaining samples taken at locations representative of at least average residence time in the distribution system and representing the entire distribution system, taking into account number of persons served, different sources of water, and different treatment methods.1

SW/IGW3system serving 500-9,999 persons

One water sample per quarter per treatment plant

Locations representing maximum residence time.1

SW/IGW3system serving <500 persons

One sample per year per treatment plant during month of warmest water temperature

Locations representing maximum residence time.1If the sample (or average of annual samples, if more than one sample is taken) exceeds MCL, system must increase monitoring to one sample per treatment plant per quarter, taken at a point reflecting the maximum residence time in the distribution system, until system meets reduced monitoring criteria in 41.6(1)"c "(4)"2," second bulleted paragraph.

System using only non-IGW groundwater using chemical disinfectant and serving [GRETAR THAN EQUAL] 10,000 persons

One water sample per quarter per treatment plant2

Locations representing maximum residence time.1

System using only non-IGW groundwater using chemical disinfectant and serving <10,000 persons

One sample per year per treatment plant during month of warmest water temperature

Locations representing maximum residence time.1If the sample (or average of annual samples, if more than one sample is taken) exceeds MCL, system must increase monitoring to one sample per treatment plant per quarter, taken at a point reflecting the maximum residence time in the distribution system, until system meets reduced monitoring criteria in 41.6(1)"c "(4)"2," second bulleted paragraph.

1If a system chooses to sample more frequently than the minimum required, at least 25 percent of all samples collected each quarter (including those taken in excess of the required frequency) must be taken at locations that represent the maximum residence time of the water in the distribution system. The remaining samples must be taken at locations representative of at least average residence time in the distribution system.

2Multiple wells drawing water from a single aquifer may be considered one treatment plant for determining the minimum number of samples required, with department approval.

3SW/IGW indicates those systems that use either surface water (SW) or groundwater under the direct influence of surface water (IGW), in whole or in part.

2. Reduced monitoring. The department may allow systems a reduced monitoring frequency, except as otherwise provided, in accordance with the following table. Source water total organic carbon (TOC) levels must be determined in accordance with 567-subparagraph 43.6(2)"c "(1).

Reduced Monitoring Frequency for TTHM and HAA5

If you are a

And you have monitored at least one year and your

You may reduce monitoring to this level

SW/IGW1 system serving [GRETAR THAN EQUAL TO] 10,000 persons which has a source water annual average TOC level, before any treatment, of [LESS THAN EQUAL TO] 4 0 mg/L

TTHM annual average [LESS THAN EQUAL TO] 040 mg/L and HA A 5 annual average [LESS THAN EQUAL TO] 030 mg/L

One sample per treatment plant per quarter at distribution system location reflecting maximum residence time

SW/IGW1 system serving 500 -9,999 persons that has a source water annual average TOC level, before any treatment, of [LESS THAN EQUAL TO] 4.0 mg/L

TTHM annual average [LESS THAN EQUAL TO]0.040 mg/L and HA A 5 annual average [LESS THAN EQUAL TO]0.030 mg/L

One sample per treatment plant per year at distribution system location reflecting maximum residence time during month of warmest water temperature

SW/IGW1 system serving [LESS THAN EQUAL TO] 500 persons

Any SW/IGW1 system monitoring to less than

serving <500 persons may not reduce its one sample per treatment plant per year

System using only non-IGW groundwater using chemical disinfectant and serving [GRETAR THAN EQUAL TO]10,000 persons

TTHM annual average [LESS THAN EQUAL TO]0. 040 mg/L and HA A 5 annual average [LESS THAN EQUAL TO]0. 030 mg/L

One sample per treatment plant per year at distribution system location reflecting maximum residence time during month of warmest water temperature

System using only non-IGW groundwater using chemical disinfectant and serving [GRETAR THAN EQUAL TO]10,000 persons

TTHM annual average [LESS THAN EQUAL TO] 0.040 mg/L and HA A 5 annual average [LESS THAN EQUAL TO] 0.030 mg/L for two consecutive years, or,

TTHM annual average [LESS THAN EQUAL TO] 0.020 mg/L and HA A 5 annual average [LESS THAN EQUAL TO] 0.015 mg/L for one year

One sample per treatment plant per three-year monitoring cycle at distribution system location reflecting maximum residence time during month of warmest water temperature, with the three-year cycle beginning on January 1 following quarter in which system qualifies for reduced monitoring

1SW/IGW indicates those systems that use either surface water (SW) or groundwater under the direct influence of surface water (IGW), in whole or in part.

* Systems on a reduced monitoring schedule may remain on that reduced schedule as long as the average of all samples taken in the year (for systems which must monitor quarterly) or the result of the sample (for systems which must monitor no more frequently than annually) is less than or equal to 0.060 mg/L for TTHMs and is less than or equal to 0.045 mg/L for HAA5. Systems that do not meet these levels must resume monitoring at the frequency identified in 41.6(1)"c "(4)"1" in the quarter immediately following the quarter in which the system exceeds 0.060 mg/L for TTHMs and 0.045 mg/L for HAA5. For systems using only groundwater not under the direct influence of surface water and serving fewer than 10,000 persons, if either the TTHM annual average is >0.080 mg/L or the HAA5 annual average is >0.060 mg/L, the system must go to increased monitoring identified in 41.6(1) "c "(4)"1" in the quarter immediately following the monitoring period in which the system exceeds 0.080 mg/L for TTHMs or 0.060 mg/L for HAA5.

* The department may allow systems on increased monitoring to return to routine monitoring if, after one year of monitoring, TTHM annual average is less than or equal to 0.060 mg/L and HAA5 annual average is less than or equal to 0.045 mg/L.

* The department may return a system to routine monitoring at the department's discretion.

d. Analytical requirements for disinfection byproducts.

(1) Systems must use only the analytical method(s) specified in this paragraph, or equivalent methods as determined by EPA, to demonstrate compliance with the requirements of this rule.

(2) Systems must measure disinfection byproducts by the methods (as modified by the footnotes) listed in the following table:

Approved Methods for Disinfection Byproduct Compliance Monitoring

Contaminant and Methodology

EPA Methodi

Standard Method2

ASTM Methods

TTHM

        

P&T/GC/EICD & PID

502.24

     

P&T/GC/MS

524.2, 524.3, 524.4

     

LLE/GC/ECD

551.1

     

HAA5

        

LLE (diazomethane)/GC/ECD

  

6251 B5, 6251 B-0712

  

SPE (acidic methanol)/GC/ECD

552.15

     

LLE (acidic methanol)/GC/ECD

552.2, 552.3

     

Ion chromatography electrospray ionization tandem mass spectrometry (IC-ESI-MS/MS)

55710

     

Bromate

        

Ion chromatography

300.1

  

D 6581-00

Ion chromatography & postcolumn reaction9

317.0Rev. 2.06, 326.06

     

IC/ICP-MS9

321.86,7

     

Two-dimensional ion chromatography (IC)

302.011

     

Ion chromatography electrospray ionization tandem mass spectrometry (IC-ESI-MS/MS)

55710

     

Chemically suppressed ion chromatography

     

D 6581-08 A

Electrolytically suppressed ion chromatography

     

D 6581-08 B

Chlorite**

        

Amperometric titration

  

4500-ClO2E8

  

Amperometric sensor

     

ChlordioX Plus8, 13

Spectophotometry

327.0 Rev. 1.18

     

Ion chromatography

300.0, 300.1, 317.0 Rev. 2, 326.0

     

Chemically suppressed ion chromatography

     

D 6581-08 A

Electrolytically suppressed ion chromatography

     

D 6581-08 B

ECD = electron capture detector

EICD = electrolytic conductivity detector

GC = gas chromatography

IC = ion chromatography

LLE = liquid/liquid extraction

MS = mass spectrometer

P&T = purge and trap

PID = photoionization detector

SPE = solid phase extractor

The procedures shall be done in accordance with the documents listed below. The incorporation by reference of the following documents was approved by the Director of the Federal Register on February 16, 1999, in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies of the documents may be obtained from the sources listed below. Information regarding obtaining these documents can be obtained from the Safe Drinking Water Hotline at (800)426-4791. Documents may be inspected at EPA's Drinking Water Docket, 401 M Street, SW, Washington, DC 20460 (telephone: (202)260-3027); or at the Office of Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC 20408.

1EPA: The following methods are available from the National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161 (telephone: (800)553-6847):

Methods 300.0 and 321.8: Methods for the Determination of Organic and Inorganic Compounds in Drinking Water, Volume 1, USEPA, August 2000, EPA 815-R-00-014 (available through NTIS, PB2000-106981).

Method 300.1: "Determination of Inorganic Anions in Drinking Water by Ion Chromatography, Revision 1.0," EPA-600/R-98/118, 1997 (available through NTIS, PB98-169196).

Method 317.0: "Determination of Inorganic Oxyhalide Disinfection By-Products in Drinking Water Using Ion Chromatography with the Addition of a Postcolumn Reagent for Trace Bromate Analysis, Revision 2.0," USEPA, July 2001, EPA 815-B-01-001.

Method 326.0: "Determination of Inorganic Oxyhalide Disinfection By-Products in Drinking Water Using Ion Chromatography Incorporating the Addition of a Suppressor Acidified Postcolumn Reagent for Trace Bromate Analysis, Revision 1.0," USEPA, June 2002, EPA 815-R-03-007.

Method 327.0: "Determination of Chlorine Dioxide and Chlorite Ion in Drinking Water Using Lissamine Green B and Horseradish Peroxidase with Detection by Visible Spectrophotometry, Revision 1.1," USEPA, May 2005, EPA 815-R-05-008.

Methods 502.2, 524.2, 551.1, and 552.2: Methods for the Determination of Organic Compounds in Drinking Water-Supplement III, EPA-600/R-95-131, August 1995 (NTIS PB95-261616).

Method 524.3: "Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry, Version 1.0," June 2009. EPA 815-B-09-009. Available at www.nemi.gov.

Method 524.4: "Measurement of Purgeable Organic Compounds in Water by Gas Chromatography/Mass Spectrometry Using Nitrogen Purge Gas, Version 1.0," May 2013. EPA 815-R-13-002. Available at www.nepis.epa.gov.

Method 552.1: Methods for the Determination of Organic Compounds in Drinking Water-Supplement II, EPA-600/R-92-129, August 1992 (NTIS PB92-207703).

Method 552.3: "Determination of Haloacetic Acids and Dalapon in Drinking Water by Liquid-liquid Microextraction, Derivatization, and Gas Chromatography with Electron Capture Detection, Revision 1.0," USEPA, July 2003, EPA-815-B-03-002.

24500-ClO2 E and 6251B: Standard Methods for the Examination of Water and Wastewater, 19th (1995), 20th (1998), 21st (2005), and 22nd (2012) editions, American Public Health Association, which are available from the American Public Health Association, 800 I Street, NW, Washington, DC 20001-3710.

3Method D 6581-00: American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428: Annual Book of ASTM Standards, Volume 11.01, American Society for Testing and Materials, 2001 (or any year containing the cited version).

4If TTHMs are the only analytes being measured in the sample, then a PID is not required.

5The samples must be extracted within 14 days of sample collection.

6Ion chromatography and postcolumn reaction or IC/ICP-MS must be used for bromate analysis for purposes of demonstrating eligibility of reduced monitoring.

7Samples must be preserved at sample collection with 50 mg ethylenediamine (EDA)/L of sample and must be analyzed within 28 days.

8Amperometric titration or spectrophotometry may be used for routine daily monitoring of chlorite at the entrance to the distribution system, as prescribed in 41.6(1) "c "(3)"1." Ion chromatography must be used for routine monthly monitoring of chlorite and additional monitoring of chlorite in the distribution system, as prescribed in 41.6(1)"c "(3)"2" and "3."

9These are the only methods approved for reduced bromate monitoring under 41.6(1)"c "(2)"2."

10EPA Method 557, "Determination of Haloacetic Acids, Bromate, and Dalapon in Drinking Water by Ion Chromatography Electrospray Ionization Tandem Mass Spectrometry (IC-ESI-MS/MS)," August 2009. EPA 815-B-09-012. Available at www.nemi.gov.

11EPA Method 302.0, "Determination of Bromate in Drinking Water Using Two-Dimensional Ion Chromatography with Suppressed Conductivity Detection," September 2009. EPA 815-B-014. Available at www.nemi.gov.

12Standard Methods Online is available at www.standardmethods.org.The year in which each method was approved by the Standard Methods Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be used.

13ChlordioX Plus. "Chlorine Dioxide and Chlorite in Drinking Water by Amperometry Using Disposable Sensors," November 2013. Available from Palintest Ltd., Jamike Avenue (Suite 100), Erlanger, KY 41018.

(3) Certified laboratory requirements. Analyses under this rule for disinfection byproducts shall only be conducted by laboratories that have been certified by the department and are in compliance with the requirements of 567-Chapter 83, except as specified under 41.6(1)"d "(4). The performance evaluation sample acceptance limits and minimum reporting levels are listed in 567-subparagraph 83.6(7)"a "(6).

(4) Daily chlorite samples at the entrance to the distribution system must be measured by a Grade II, III or IV operator meeting the requirements of 567-Chapter 81, any person under the supervision of a Grade II, III or IV operator meeting the requirements of 567-Chapter 81, or a laboratory certified by the department to perform analysis under 567-Chapter 83.

e. Compliance requirements for disinfection by products.

(1) General requirements.

1. When compliance is based on a running annual average of monthly or quarterly samples or averages and the system fails to monitor for TTHM, HAA5, or bromate, this failure to monitor will be treated as a monitoring violation for the entire period covered by the annual average.

2. Unless invalidated by the department, all samples taken and analyzed under the provisions of this rule must be included in determining compliance, even if that number is greater than the minimum required.

3. If, during the first year of monitoring under paragraph 41.6(1)"c, " any individual quarter's average will cause the running annual average of that system to exceed the MCL, the system is out of compliance at the end of that quarter.

(2) Bromate. Compliance must be based on a running annual arithmetic average, computed quarterly, of monthly samples (or, for months in which the system takes more than one sample, the average of all samples taken during the month) collected by the system as prescribed by 41.6(1)"c "(2). If the average of samples covering any consecutive four-quarter period exceeds the MCL, the system is in violation of the MCL and must notify the public pursuant to 567-421. (455B), in addition to reporting to the department pursuant to 567-paragraph 42.4(3) "d. " If a PWS fails to complete 12 consecutive months' monitoring, compliance with the MCL for the last four-quarter compliance period must be based on an average of the available data.

(3) Chlorite. Compliance must be based on an arithmetic average of each three-sample set taken in the distribution system as prescribed by 41.6(1)"c "(3)"1" and 41.6(1)"c "(3)"2." If the arithmetic average of any three-sample set exceeds the MCL, the system is in violation of the MCL and must notify the public pursuant to 567-421. (455B), in addition to reporting to the department pursuant to 567-paragraph 42.4(3) "d. "

(4) TTHM and HAA5.

1. For systems monitoring quarterly, compliance with MCLs in 41.6(1) "b " must be based on a running annual arithmetic average, computed quarterly, of quarterly arithmetic averages of all samples collected by the system as prescribed by 41.6(1)"c "(4).

2. For systems monitoring less frequently than quarterly, systems demonstrate MCL compliance if the average of samples taken that year under the provisions of 41.6(1)"c "(4) does not exceed the MCLs in 41.6(1)"b. " If the average of these samples exceeds the MCL, the system must increase monitoring to once per quarter per treatment plant and is not in violation of the MCL until it has completed one year of quarterly monitoring, unless the result of fewer than four quarters of monitoring will cause the running annual average to exceed the MCL, in which case the system is in violation at the end of that quarter. Systems required to increase to quarterly monitoring must calculate compliance by including the sample that triggered the increased monitoring plus the following three quarters of monitoring.

3. If the running annual arithmetic average of quarterly averages covering any consecutive four-quarter period exceeds the MCL, the system is in violation of the MCL and must notify the public pursuant to 567-421. (455B) in addition to reporting to the department pursuant to 567-paragraph 42.4(3) "d."

4. If a PWS fails to complete four consecutive quarters of monitoring, compliance with the MCL for the last four-quarter compliance period must be based on an average of the available data.

f.Reporting requirements for disinfection byproducts. Systems required to sample quarterly or more frequently must report to the department within ten days after the end of each quarter in which samples were collected, notwithstanding the public notification provisions of 567-421. (455B). Systems required to sample less frequently than quarterly must report to the department within ten days after the end of each monitoring period in which samples were collected. The specific reporting requirements for disinfection byproducts are listed in 567-subparagraph 42.4(3)"d "(2).

(2) Stage 2 initial distribution system evaluation. The department is adopting by reference the requirements for the Stage 2 initial distribution system evaluation (IDSE) listed in 40 CFR 141.600-605 as adopted on January 4, 2006. This regulation establishes monitoring and other requirements for identifying compliance monitoring locations that will be used to determine compliance with maximum contaminant levels for total trihalomethanes and haloacetic acids. All CWS required to comply with 41.6(1) and all NTNC serving at least 10,000 people that are required to comply with 41.6(1) are required to comply with this subrule. The requirements in this subrule constitute national primary drinking water regulations. Only the analytical methods specified in 41.6(1) "J" may be used to demonstrate compliance with this subrule.

(3) Stage 2 disinfection by products requirements. The requirements of this subrule constitute national primary drinking water regulations. This subrule establishes monitoring and other requirements for achieving compliance with MCLs based on locational running annual averages (LRAA) for TTHM and HAA5.

a. Applicability. All CWS and NTNC systems that use a primary or residual disinfectant other than ultraviolet light or deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light must comply with the requirements in this subrule.

(1) Schedule. Systems must comply with the dates listed in the appropriate schedule. For the purposes of this subrule, the combined distribution system (CDS) as defined in 567-402. (455B) only includes active connections; emergency connections are excluded. Any CWS or NTNC that purchases or sells water on a routine basis through an active connection to another CWS or NTNC is part of a combined distribution system. All systems included in a CDS must adhere to the schedule of the system that serves the largest population in that CDS. The system must comply with the requirements on the schedule for systems that are not a part of a CDS and for systems that serve the largest population in the CDS. The schedule for the other systems that are a part of a CDS, either wholesale or consecutive, is the same schedule as that of the system with the earliest compliance date in the CDS.

Schedule

System Population

Date by which system must begin Stage 2 compliance monitoring

1

At least 100,000

April 1,2012

2

50,000-99,999

October 1,2012

3

10,000-49,999

October 1,2013

4

Fewer than 10,000

*October 1, 2013, for all GW systems and any SW/IGW systems that did not conduct Cryptosporidium sampling under 567-paragraph 43.11 (3) "b "(2)"4"

*October 1, 2014, for SW/IGW systems that conducted Cryptosporidium sampling under 567-paragraph 43.11 (3) "b" (2)"4"

(2) Initiation of compliance monitoring under Stage 2. Systems shall switch from Stage 1 compliance monitoring (41.6(1)) to Stage 2 monitoring as follows:

1. Systems required to conduct quarterly monitoring must start monitoring in the first full calendar quarter that includes the compliance date in the preceding table.

2. Systems that conducted IDSE monitoring and have an approved report and that are required to conduct monitoring at a frequency less than quarterly must start monitoring in the calendar month recommended in the approved IDSE report.

3. Systems that were not required to prepare an IDSE report under 41.6(2) must update their Stage 1 monitoring plan to meet the Stage 2 requirements and submit it to the department for approval six months prior to the compliance date in the preceding table.

(3) Timing of initial determination of compliance under Stage 2.

1. Systems required to conduct quarterly monitoring must make compliance calculations at the end of the fourth calendar quarter that follows the compliance date or earlier if the LRAA calculated based on fewer than four quarters of data would cause the MCL to be exceeded regardless of the results of subsequent sampling. Compliance determination must continue at the end of each subsequent quarter.

2. Systems required to conduct monitoring at a frequency that is less than quarterly must make compliance calculations beginning with the first compliance sample taken after the compliance date.

(4) Monitoring and compliance.

1. Systems required to monitor quarterly must calculate LRAAs for TTHM and HAA5 using the monitoring results collected under this subrule and determine that each LRAA does not exceed the MCL.

If the system does not complete the four consecutive quarters of monitoring, the system must calculate the compliance with the MCL based on the average of the available data from the most recent four quarters. If the system collects more than one sample per quarter at a monitoring location, all samples taken in the quarter at that location must be averaged to determine a quarterly average to be used for the LRAA calculation. If a system fails to monitor, it is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA.

2. Systems required to monitor yearly or triennially must determine that each sample collected is less than the MCL. If any sample exceeds the MCL, the system must comply with the requirements of 41.6(3)"e. " If no sample exceeds the MCL, the sample result for each monitoring location is considered to be the LRAA for that monitoring location. If a system fails to monitor, it is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA.

3. The department may grant up to an additional 24 months for compliance with MCLs and operational evaluation levels if the system is required to make capital improvements in order to comply with an MCL.

(5) Any CWS or NTNC system that begins using water to which a disinfectant has been added, other than ultraviolet light, after the initial compliance dates for IDSE or Stage 2 compliance monitoring must comply with this subrule.

b. Monitoring plan. All systems must develop and implement a disinfection by product monitoring plan, which shall be kept on file at the system for review by the department and the public. The monitoring plan must contain the monitoring locations, monitoring dates, and compliance calculation procedures.

(1) If the system has an approved IDSE-standard monitoring plan (IDSE-SMP) report, that report contains all of the plan elements and meets this requirement.

(2) If the system does not have an approved IDSE-SMP report and does not have sufficient monitoring locations from its initial disinfection byproduct sampling plan, the system must identify additional locations by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of compliance monitoring locations have been identified. The system must provide the rationale for identifying locations as having high levels of TTHM or HAA5.

(3) If the system does not have an approved IDSE-SMP report and has more monitoring locations from its initial Stage 1 disinfection byproduct sampling plan than the number of locations required under the Stage 2 compliance monitoring, the system must identify which locations it will use for compliance monitoring by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of compliance monitoring locations have been identified.

(4) All plans must be reviewed by the system every three years and updated as system conditions change (such as changes in water quality or hydraulics, etc.).

1. A system may revise its monitoring plan to reflect changes in treatment, distribution system operations, and layout (including new service areas), to reflect other factors that may affect TTHM or HAA5 formation, or for department-approved reasons.

2. The system must consult with the department regarding the need for changes and the appropriateness of changes. The system must replace existing compliance monitoring locations that have the lowest LRAA with new locations that reflect the current distribution system locations with expected high TTHM or HAA5 levels.

3. The department may require modifications in the system's monitoring plan.

(5) Systems are also required to maintain the disinfectant and MRDL elements of the Stage 1 monitoring plan pursuant to 41.6(1) "c "(1)"6" and 567-paragraph 43.6(1) "c "(1)"5."

(6) All systems are required to have a valid disinfection byproducts monitoring plan prior to the start of compliance monitoring in 41.6(3)"a". (1)

c. Routine monitoring. Systems are required to start monitoring at the locations specified in the approved disinfection byproducts monitoring plan and on the schedule specified in 41.6(3)"a".(1) Each system must monitor the disinfection byproducts at the minimum number of locations identified in the Routine Monitoring table.

Routine Monitoring

Source water type

Population size category

Monitoring frequency

Total number of distribution system monitoring location sites per monitoring period

SW/IGW

<500

per year

2

500-3,300

per quarter

2

3,301-9,999

per quarter

2

10,000-49,999

per quarter

4

50,000-249,999

per quarter

8

250,000-999,999

per quarter

12

Groundwater

<500

per year

2

500-9,999

per year

2

10,000-99,999

per quarter

4

100,000-499,999

per quarter

6

(1) All systems must monitor during the month of highest disinfection byproduct concentrations.

(2) Systems on a quarterly monitoring frequency must collect samples for TTHM and HAA5 every 90 days at each monitoring location, except that SW/IGW systems serving 500 to 3,300 people may collect at one location as provided in 41.6(3)"c "(3). Each sample collected at each location must be analyzed for both TTHM and HAA5 components.

(3) Systems on an annual monitoring frequency and SW/IGW systems serving 500 to 3,300 people are required to collect TTHM and HAA5 samples at the locations with the highest TTHM and HAA5 concentrations, respectively. Each sample must be analyzed for both TTHM and HAA5 components. Sample collection is required from only one location if the highest TTHM concentration and the highest HAA5 concentration occur at the same location.

(4) Analytical methods. Systems must use an approved method listed in 41.6(1)"d "(2) for TTHM and HAA5 analyses pursuant to this subrule. Analyses must be conducted by laboratories certified for disinfection byproducts analyses in accordance with 567-Chapter 83.

d. Reduced monitoring. A system may reduce monitoring to the level specified in the Reduced Monitoring table anytime the locational running annual average is less than or equal to half the MCL for TTHM and HAA5 at all monitoring locations (i.e., less than or equal to 0.040 mg/L for TTHM and 0.030 mg/L for HAA5). Only data collected under the provisions of this rule may be used to qualify for reduced monitoring.

Reduced Monitoring

Source water type

Population size category

Monitoring frequency1

Distribution system monitoring location sites per monitoring period2

SW/IGW

<500

per year

Monitoring may not be reduced

500-3,300

per year

1 sample per year at the same location if the highest TTHM and HAA5 measurements occurred at the same location and in the same quarter, analyzed for both TTHM and HAA5

3,301-9,999

per year

2 samples: one at the location and during the quarter with the highest TTHM single measurement; one at the location and during the quarter with the highest HAA5 single measurement

10,000-49,999

per quarter

2 samples: one at the highest TTHM LRAA location and one at the highest HAA5 LRAA location

50,000-249,999

per quarter

4 samples: one sample each at the highest two TTHM LRAA locations and one sample each at the highest two HAA5 LRAA locations

  

250,000-999,999

per quarter

6 samples: one sample each at the highest three TTHM LRAA locations and one sample each at the highest three HAA5 LRAA locations

Groundwater

<500

every third year

1 sample at the same location if the highest TTHM and HAA5 measurements occurred at the same location and in the same quarter, analyzed for both TTHM and HAA5

500-9,999

per year

1 sample per year at the same location if the highest TTHM and HAA5 measurements occurred at the same location and in the same quarter, analyzed for both TTHM and HAA5

10,000-99,999

per year

2 samples: one at the location and during the quarter with the highest TTHM single measurement; one at the location and during the quarter with the highest HAA5 single measurement

100,000-499,999

per quarter

2 samples: one at the highest TTHM LRAA location and one at the highest HAA5 LRAA location

1Systems on a quarterly monitoring frequency must collect the sample(s) every 90 days.

2Each sample must be analyzed for all TTHM and HAA5 components.

(1) Additional source water TOC requirement for SW/IGW systems. For SW/IGW systems, the source water running annual average TOC level, before any treatment, must be less than or equal to 4.0 mg/L at each treatment plant treating surface water or influenced groundwater, based on the monitoring conducted under 567-paragraph 43.6(2)"b, " in order to qualify for reduced monitoring.

(2) Continued reduced monitoring frequency. Systems may remain on a reduced monitoring frequency as long as they meet the following criteria. For SW/IGW systems, the source water annual average TOC level requirement in 41.6(3)"d "(1) must continue to be met.

1. A system with a quarterly reduced monitoring frequency may remain on reduced monitoring as long as the TTHM LRAA is less than or equal to 0.040 mg/L and the HAA5 LRAA is less than or equal to 0.030 mg/L at each monitoring location.

2. A system with an annual or triennial monitoring frequency may remain on reduced monitoring as long as each TTHM sample is less than or equal to 0.060 mg/L and each HAA5 sample is less than or equal to 0.045 mg/L.

(3) Return to routine monitoring frequency. Systems that cannot meet the requirements for reduced monitoring must resume routine monitoring according to 41.6(3)"c " or begin increased monitoring according to 41.6(3)"e. "

1. A system with a quarterly reduced monitoring frequency must resume routine monitoring if the LRAA from any location exceeds either 0.040 mg/L for TTHM or 0.030 mg/L for HAA5.

2. A system with an annual or triennial monitoring frequency must resume routine monitoring if the annual sample at any location exceeds either 0.060 mg/L for TTHM or 0.045 mg/L for HAA5.

3. Any SW/IGW system must resume routine monitoring if the running annual average source water TOC level, prior to any treatment, is more than 4.0 mg/L.

4. In addition, the department may require any system to resume routine monitoring at the department's discretion.

(4) Remaining on reduced monitoring from Stage 1 to Stage 2 transition. A system may remain on reduced monitoring after the dates listed in 41.6(3)"o"(1) if all of the following three criteria are met. If the three criteria are not met, the system must return to routine monitoring.

1. Under the IDSE, the system qualified for a 40/30 certification or received a very small system waiver;

2. The system meets the reduced monitoring criteria of this paragraph; and

3. The system has not changed or added locations for disinfection byproduct monitoring from those used under the Stage 1 requirements in 41.6(1).

e. Increased monitoring.

(1) Systems that are monitoring annually or triennially must increase their monitoring frequency to quarterly if the following conditions are met.

1. Single result exceeds the TTHM or HAA5 MCL. A system that is monitoring annually or triennially must increase monitoring to quarterly at all locations if a single TTHM sample is greater than 0.080 mg/L or a single HAA5 sample is greater than 0.060 mg/L. The quarterly samples must be analyzed for both TTHM and HAA5 components.

2. Systems with a TTHM or HAA5 MCL violation. A system that is monitoring annually or triennially that is in violation of the MCL for TTHM or HAA5, based upon the LRAA, must increase monitoring to quarterly at all locations. The quarterly samples must be analyzed for both TTHM and HAA5 components. The LRAA is calculated based on four consecutive quarters of monitoring or based on fewer quarters of data if the MCL would be exceeded regardless of the monitoring results of subsequent quarters.

(2) Systems on a quarterly monitoring frequency during Stage 1 to Stage 2 transition. A system that was on increased monitoring under Stage 1 must remain on increased monitoring until the system qualifies for a return to routine monitoring under 41.6(3)"e "(3). The system must conduct the increased monitoring at the monitoring locations in the monitoring plan developed under 41.6(3)"b, " beginning on the date identified in 41.6(3)"a".(1)

(3) Return to routine monitoring frequency. A system may return to routine monitoring once the system has conducted increased monitoring for at least four consecutive quarters and the LRAA for every monitoring location is less than or equal to 0.060 mg/L for TTHM and less than or equal to 0.045 mg/L for HAA5. The system may not have any monitoring violations during the most recent four consecutive quarters.

f.Operational evaluation level (OEL).

(1) TTHM operational evaluation level. The TTHM operational evaluation level is determined by the sum of the two previous quarters' TTHM results plus twice the current quarter's TTHM result, divided by 4 to determine an average. If that average exceeds 0.080 mg/L, the system has exceeded the TTHM operational evaluation level.

(2) HAA5 operational evaluation level. The HAA5 operational evaluation level is determined by the sum of the two previous quarters' HAA5 results plus twice the current quarter's HAA5 result, divided by 4 to determine an average. If that average exceeds 0.060 mg/L, the system has exceeded the HAA5 operational evaluation level.

(3) A system must calculate the operational evaluation level at any monitoring location that has a single analytical result in excess of the TTHM or HAA5 MCL in the analytical data used to calculate the current 12-month LRAA. A system must determine compliance with the OEL every quarter.

(4) Requirements when the operational evaluation level is exceeded. The system must conduct an operational evaluation and submit a written report of the evaluation to the department within 90 days after the system is notified of the analytical result that caused the system to exceed the operational evaluation level. The written report must be made available to the public upon request. The report must include an examination of system treatment and distribution operational practices, including storage tank operations, excess storage capacity, distribution system flushing, changes in source water or source water quality, and treatment changes or problems that may contribute to disinfection byproduct formation, and what steps could be considered to minimize future exceedances.

1. The system may make a request to the department to limit the scope of the examination if the system is able to identify the cause of the operational evaluation level exceedance. The 90-day deadline for submitting the written report cannot be extended.

2. The system must have department approval to limit the scope of the examination. The approval must be in writing and kept with the completed report.

g. Reporting. All systems required to comply with this rule must meet the reporting requirements pursuant to 567-paragraph 42.4(3) "d. "

h. Recordkeeping. All systems required to comply with this rule must retain the monitoring plans and analytical results as required by 567-paragraph 42.5(1)"h. "

(ARC 9915B, IAB 12/2014/11, effective 1/18/12 Amended by IAB April 11, 2018/Volume XL, Number 21, effective 5/16/2018)

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