Tenn. Comp. R. & Regs. 0400-45-01-.26 - VOLATILE ORGANIC CHEMICAL SAMPLING, ANALYTICAL AND OTHER REQUIREMENTS

(1) Analysis of the contaminants listed in paragraph (2) of Rule 0400-45-01-.25 for the purpose 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). The Department may designate additional sampling points within the distribution system or at the consumer's tap which more accurately determines consumer exposure. Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or 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). The Department may designate additional sampling points within the distribution system or at the consumer's tap which more accurately determines consumer exposure. 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) 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-.25 during each compliance period beginning in the initial compliance period.

(e) If the initial monitoring for contaminants listed in paragraph (2) of Rule 0400-45-01-.25 has been completed by December 31, 1992, and none of the contaminants were detected, then each ground and surface water system shall take one sample annually beginning with the initial compliance period.

(f) After a minimum of three years of annual sampling, ground water systems which have not detected any contaminant listed in paragraph (2) of Rule 0400-45-01-.25 shall take one sample during each compliance period.

(g) If a contaminant listed in paragraph (2) of Rule 0400-45-01-.25 is detected at a level exceeding 0.0005 mg/l in any sample, then:

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

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

3. If the Department determines that the system is reliably and consistently below the MCL, the Department may allow the system to monitor annually. Systems which monitor annually must monitor during the quarter(s) which previously yielded the highest analytical result.

(h) Systems which violate the maximum contaminant level for the contaminants listed in paragraph (2) of Rule 0400-45-01-.25 must monitor quarterly. After a minimum of four quarterly samples shows the system is in compliance with the MCL and the Department determines that the system is below the maximum contaminant level, the system may monitor annually during the quarter which previously yielded the highest result.

(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 is used for the compliance determination. Results of documented sampling errors may be deleted provided the Department approves.

(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.

1. If the concentration in the composite sample is greater than or equal to 0.0005 mg/l for any contaminant listed in Rule 0400-45-01-.25, then a follow-up sample must be taken and analyzed within 14 days from each sampling point included in the composite.

2. If duplicates of the original sample taken from each sampling point used in the original composite are available, the system may use the duplicate samples instead of resampling. The duplicate must be analyzed and the results reported to the Department within 14 days of collection.

3. If the population served by the system is >3,300 persons, then compositing may only be permitted at sampling points within the system itself. In systems serving 3,300 or less persons compositing among different systems provided the 5-sample limit is maintained is permitted.

4. Compositing samples prior to GC analysis:

(i) Add 5 ml or equal larger amounts of each sample (up to 5 samples are allowed) to a 25 ml glass syringe. Special precautions must be made to maintain zero headspace in the syringe.

(ii) The samples must be cooled at 4°C during this step to minimize volatilization losses.

(iii) Mix well and draw out a 5-ml aliquot for analysis.

(iv) Follow sample introduction, purging, and desorption steps described in the applicable and approved method.

(v) If less than five samples are used for compositing, a proportionately smaller syringe may be used.

5. Compositing samples prior to GC/MS analysis:

(i) Inject 5-ml or equal larger amounts of each aqueous sample (up to 5 samples are allowed) into a 25-ml purging device using the sample introduction technique described in the method.

(ii) The total volume of the sample in the purging device must be 25 ml.

(iii) Purge and desorb as described in the applicable and approved method.

(k) Compliance with paragraph (2) of Rule 0400-45-01-.25 shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL.

1. For systems monitoring more than once per year, compliance with the MCL is determined by a running average at each sampling point.

2. Systems monitoring annually or less frequently whose sample result exceeds the MCL 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) Analysis for the contaminants listed in paragraph (2) of Rule 0400-45-01-.25 shall be conducted using methods described in paragraphs (2) and (5) of this rule.

(m) The Department may allow the use of monitoring data collected after January 1, 1988, for the purposes of monitoring compliance. If the data are generally consistent with the other requirements in this rule, the Department may approve the use of such data, (i.e., a single sample rather than four quarterly samples) to satisfy the initial monitoring requirements of subparagraph (1)(d) of this rule.

(n) The Department may increase required monitoring where necessary to detect variations in the quality of the water produced by the system.

(o) Each approved laboratory must determine the method detection limit (MDL) as defined in Appendix B, 40 Code of Federal Regulations Part 136 at which it is capable of detecting VOCs. The acceptable MDL is 0.0005 mg/l. This concentration is the detection concentration for purposes of this rule.

(p) The Department may specify times within a compliance period for a public water system to complete its monitoring activity to insure that existing laboratory capacity is not exceeded.

(2) Reserved

(3) Analysis for vinyl chloride is required only of ground water systems that have detected one or more of the following two-carbon Organic Chemicals:

Trichloroethylene

Tetrachloroethylene

1, 2-Dichloroethane

1, 1, 1-Trichloroethane

Cis-1, 2-dichloroethylene

Trans-1, 2-dichloroethylene

1,1-Dichloroethylene

(4) The analysis for vinyl chloride is required at each distribution or entry point at which one or more of the two-carbon organic compounds listed in paragraph (3) of this rule were found. If the first analysis does not detect vinyl chloride, the system may, upon written notification to the Department, reduce the frequency of vinyl chloride monitoring to a minimum of once every three years for that sample location or other sample locations which are more representative of the same source.

(5) Reserved

(6) Each community and non-transient water system which does not detect a contaminant listed in paragraph (2) of Rule 0400-45-01-.25 may apply to the Department for a waiver from the requirement of subparagraphs (1)(d) and (e) of this rule after completing the initial monitoring. (For the purpose of this paragraph, detection is defined as > 0.0005 mg/l.) A waiver shall be effective for no more than six years (two compliance periods).

A system must provide the following data and analysis to the Department with a request for a waiver:

(a) any previous use (including transport, storage, and/or disposal) of a contaminant within the watershed or zone of influence;

(b) previous analytical results;

(c) 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;

(d) the environmental persistence and transport of the contaminants;

(e) the number of persons served by the public water system and the proximity of a smaller system to a larger system;

(f) how well the water source is protected against contamination such as whether it is a surface or ground water system. Ground water systems must consider factors such as depth of the well, the type of soil, and wellhead protection. Surface water systems must consider watershed protection; and

(g) any other information required by the Department.

(7) The Department shall determine a reduced monitoring frequency which the system must implement, if the waiver is granted. The Department shall consider the following factors to determine the reduced monitoring frequency:

(a) the watershed recharge area; and

(b) the type of risks of contamination to the water source.

The Department shall either grant or deny a request for the waiver. The Department will notify the system of the decision, in writing, with the basis for the decision and any reduced monitoring frequency, if the waiver is granted. The term of a waiver shall not exceed six (6) years (two compliance periods).

A system which has been granted a waiver pursuant to this rule, must take a minimum of one (1) sample during the term of the waiver regardless of the reduced monitoring frequency.

A waiver for monitoring under this rule may be initiated by the Department or upon written request of the system as set forth in paragraph (6) of this rule. The Department shall review and, where appropriate, revise its determination of the appropriate monitoring frequency when the system submits new monitoring data or when other relevant data or information becomes available. A system must reapply for a waiver for each compliance period.

(8) As a condition of the waiver, a system must take one sample at each sampling point during the time the waiver is effective (i.e., one sample during two compliance periods or six years), and update its vulnerability assessment considering the factors listed in paragraph (7) of this rule. Based on this vulnerability assessment, the Department must confirm that the system is non-vulnerable. If the Department does not make this reconfirmation within three years of the initial determination, then the waiver is invalidated and the system is required to sample annually as specified in subparagraph (1)(c) of this rule. Surface systems shall monitor at the frequency specified by the Department (if any).

(9) All new systems or systems that use a new source of water 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.

Notes

Tenn. Comp. R. & Regs. 0400-45-01-.26

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.