Tenn. Comp. R. & Regs. 0400-45-01-.10 - ORGANIC CHEMICAL SAMPLING AND ANALYTICAL REQUIREMENTS

(1) Beginning January 1, 1993, or the effective date of these regulations whichever is later, analysis of the contaminants listed in subparagraph (2)(a) of Rule 0400-45-01-.06 for the purposes of determining compliance with the maximum contaminant level shall be conducted as follows:

(a) Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.

(b) Surface water systems shall take a minimum of one sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment (hereafter called a sampling point). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant or within the distribution system. Surface water systems include systems with a combination of surface and ground sources.

(c) If the system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods when water representative of all sources is being used.

(d) Monitoring frequency:

1. Each community and non-transient non-community water system shall take four consecutive quarterly samples for each contaminant listed in paragraph (2) of Rule 0400-45-01-.06 during each compliance period beginning with the initial compliance period.

2. Systems serving more than 3,300 persons which do not detect a contaminant in the initial compliance period, may reduce the sampling frequency to a minimum of two quarterly samples in one year during each repeat compliance period.

3. Systems serving 3,300 or less persons which do not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of one sample during each repeat compliance period.

4. All new systems or systems that use a new source of water that begin operation after the effective date of this rule must demonstrate compliance with the MCL within a period of time specified by the Department. The system must also comply with the initial sampling frequencies specified by the Department to ensure a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements of this rule.

(e) Each community and non-transient water system may apply to the Department for a waiver from the requirement of subparagraph (d) of this paragraph. A system must reapply for a waiver for each compliance period.

(f) The Department may grant a waiver after evaluating the following: Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system. If a determination by the Department reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. If previous use of the contaminant is unknown or it has been used previously, then the following factors shall be used to determine whether a waiver is granted.

1. Previous analytical results.

2. The proximity of the system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses.

3. The environmental persistence and transport of the pesticide or PCBs.

4. How well the water source is protected against contamination due to such factors as depth of the well and the type of soil and the integrity of the well casing.

5. Elevated nitrate levels at the water supply source.

6. Use of PCBs in equipment used in the production, storage, or distribution of water (i.e., PCBs used in pumps transformers, etc.).

7. Any other information required by the Department.

(g) If an organic contaminant listed in paragraph (2) of Rule 0400-45-01-.06 is detected (as defined by subparagraph (r) of this paragraph) in any sample, then:

1. Each system must monitor quarterly at each sampling point which resulted in a detection.

2. The Department may decrease the quarterly monitoring requirement specified in part 1 of this subparagraph provided it has determined that the system is below the maximum contaminant level. In no case shall the Department make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface water system takes a minimum of four quarterly samples.

3. After the Department determines the system is below the maximum contaminant level the Department may allow the system to monitor annually. Systems which monitor annually must monitor during the quarter that previously yielded the highest analytical result.

4. If monitoring results in detection of one or more of certain related contaminants (aldicarb, aldicarb sulfone, aldicarb sulfoxide and heptachlor, heptachlor epoxide), then subsequent monitoring shall analyze for all related contaminants.

(h) Systems which violate the maximum contaminant levels for organics must monitor quarterly. After a minimum of four quarterly samples show the system is in compliance and the Department determines the system is below the MCL, the system shall monitor at the frequency specified in part (g)3 of this paragraph.

(i) The Department may require a confirmation sample for positive or negative results. If a confirmation sample is required by the Department, the result must be averaged with the first sampling result and the average used for the compliance determination. The Department has discretion to delete results of documented sampling errors from this calculation.

(j) The Department may reduce the total number of analyses a system must conduct by allowing the use of composite sampling. Composite samples from a maximum of five sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory and analyzed within 14 days of sample collection.

(k) Compliance with paragraph (2) of Rule 0400-45-01-.06 shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of the MCL, the system is in violation of the MCL.

1. For systems which are conducting monitoring at a frequency greater than annual, compliance is determined by a running annual average of all samples taken at each sampling point. If the annual average of any sampling point is greater than the MCL, then the system is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the system is out of compliance immediately.

2. Systems monitoring annually or less frequently whose sample result exceeds the regulatory detection level must begin quarterly sampling. The system will not be considered in violation of the MCL until it has completed one year of quarterly sampling.

3. If any sample result will cause the running annual average to exceed the MCL, at any sampling point, the system is out of compliance with the MCL immediately.

4. If a system fails to collect the required number of samples, compliance will be based on the total number of samples collected.

5. If a sample result is less than the detection limit, zero will be used to calculate the annual average.

(l) Reserved

(m) Reserved

(n) If monitoring data collected after January 1, 1990, are generally consistent with the requirements of this paragraph, then the Department will allow systems to use that data to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.

(o) The Department may increase the required monitoring frequency, where necessary, to detect variations within the system (e.g., fluctuations in concentration due to seasonal use, changes in water source), as determined by the criteria described in subparagraph (3)(a) of Rule 0400-45-01-.09.

(p) The Department has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by their representatives and agencies.

(q) The Department may pursuant to these rules establish specific times during each compliance period for public water systems to complete its monitoring.

(r) Detection as used in this paragraph shall be defined as greater than or equal to the following concentrations for each contaminant.

TABLE 0400-45-01-.10(1)(r)

CONTAMINANT	DETECTION LIMIT (mg/L)
Alachlor	0.0002
Aldicarb	0.0005
Aldicarb sulfoxide	0.0005
Aldicarb sulfone	0.0008
Atrazine	0.0001
Benzo(a)pyrene	0.00002
Carbofuran	0.0009
Chlordane	0.0002
Dalapon	0.001
Dibromochloropropane (DBCP)	0.00002
Di(2-ethyl hexyl) adipate	0.0006
Di(2-ethyl hexyl) phthalate	0.0006
Dinoseb	0.0002
Diquat	0.0004
2,4-D	0.0001
Endothall	0.009
Endrin	0.00001

CONTAMINANT	DETECTION LIMIT (mg/L)
Ethylene dibromide (EDB)	0.00001
Glyphosate	0.006
Heptachlor	0.00004
Heptachlor epoxide	0.00002
Hexachlorobenzene	0.0001
Hexachlorocyclopentadiene	0.0001
Lindane	0.00002
Methoxychlor	0.0001
Oxamyl	0.002
Picloram	0.0001
Polychlorinated biphenyls (PCBs)	0.0001
(as decachlorobiphenyl)
Pentachlorophenol	0.00004
Simazine	0.00007
Toxaphene	0.001
2,3,7,8 TCDD (Dioxin)	0.000000005
2,4,5-TP (Silvex)	0.0002

Notes

Tenn. Comp. R. & Regs. 0400-45-01-.10

Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Authority: T.C.A. §§ 68-221-701 et seq. and 4-5-201 et seq.