40 C.F.R. § 141.902

Current through September 30, 2024
Section 141.902 - Monitoring requirements
(a)General requirements.
(1) Systems must take all samples during normal operating conditions at all entry points to the distribution system.
(2) 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 of representative operating conditions.
(3) Systems must use only data collected under the provisions of this subpart to qualify for reduced monitoring.
(4) All new systems that begin operation after, or systems that use a new source of water after April 26, 2027, must demonstrate compliance with the MCLs within a period of time specified by the State. A system must also comply with initial sampling frequencies required by the State to ensure that the system can demonstrate compliance with the MCLs. Compliance monitoring frequencies must be conducted in accordance with the requirements in this section.
(5) For purposes of this section, the trigger levels are defined as shown in the following table.

Table 1 to Paragraph (a) (5)-Trigger Levels for PFAS Contaminants

ContaminantTrigger level
Hazard Index PFAS (HFPO-DA, PFBS, PFHxS, PFNA)0.5 (unitless).
HFPO-DA5 nanograms per liter (ng/l).
PFHxS5 ng/l.
PFNA5 ng/l.
PFOA2.0 ng/l.
PFOS2.0 ng/l.

(6) Based on initial monitoring results, for each sampling point at which a regulated PFAS listed in § 141.61(c) is detected at a level greater than or equal to the trigger level, the system must monitor quarterly for all regulated PFAS beginning April 26, 2027, in accordance with paragraph (b)(2) of this section.
(7) For purposes of this section, each water system must ensure that all results provided by a laboratory are reported to the State and used for determining the required sampling frequencies. This includes values below the practical quantitation levels defined in § 141.903(f)(1)(iv) ; zero must not be used in place of reported values.
(b)Monitoring requirements for PFAS -
(1)Initial monitoring.
(i) Groundwater CWS and NTNCWS serving greater than 10,000 persons and all surface water CWS and NTNCWS must take four consecutive samples 2 to 4 months apart within a 12-month period (quarterly samples) for each regulated PFAS listed in § 141.61(c) .
(ii) All groundwater CWS and NTNCWS serving 10,000 or fewer persons must take two samples for each regulated PFAS listed in § 141.61(c) five to seven months apart within a 12-month period.
(iii) All groundwater under the direct influence of surface water (GWUDI) CWS and NTNCWS must follow the surface water CWS and NTNCWS monitoring schedule in paragraph (b)(1)(i) of this section.
(iv) All systems that use both surface water and groundwater must apply the requirements in paragraphs (b)(1)(i) through (iii) of this section depending on the source(s) of water provided at a given entry point to the distribution system (EPTDS). If the EPTDS provides surface water, the requirements for a surface water CWS/NTNCWS apply. If the EPTDS provides groundwater, the requirements for a groundwater CWS/NTNCWS apply, based on system size. If an EPTDS provides a blend of surface water and groundwater, the requirements for a surface water system apply. For systems that change the source water type at an EPTDS during the initial monitoring period (i.e., one part of the year it is surface water and the remaining part of the year it is groundwater), the sampling requirements for a surface water system apply.
(v) Systems must monitor at a frequency indicated in the following table, though a State may require more frequent monitoring on a system-specific basis:

Table 2 to Paragraph (b)(1)(v) -Initial Monitoring Requirements

Type of system Minimum monitoring frequencySample location
Groundwater CWS and NTNCWS serving greater than 10,000 persons, all surface water CWS and NTNCWS, and all GWUDI systemsFour consecutive quarters of samples per entry point to the distribution system (EPTDS) within a 12-month period, unless the exception in paragraph (b)(1)(viii) of this section applies. Samples must be taken two to four months apart.Sampling point for EPTDS.
Groundwater CWS and NTNCWS serving 10,000 or fewer personsTwo consecutive samples per EPTDS within a 12-month period, unless the exception in paragraph (b)(1)(viii) of this section applies. Samples must be taken five to seven months apart.Sampling point for EPTDS.

(vi) A State may accept data that has been previously acquired by a water system to count toward the initial monitoring requirements if the data meet the requirements of § 141.901(b)(1) , samples were collected starting on or after January 1, 2019, and otherwise meet the timing requirements specified in table 2 to paragraph (b)(1)(v) of this section. For the purposes of satisfying initial monitoring requirements, acceptable data may be reported to a concentration no greater than the MCLs. However, a system is only eligible for triennial monitoring at the start of the compliance monitoring period if the system demonstrates that concentrations in all samples it uses to satisfy the initial monitoring requirements are below the trigger levels as defined in paragraph (a)(5) of this section.
(vii) If systems have multiple years of data, the most recent data must be used.
(viii) For systems using previously acquired data that have fewer than the number of samples required in a continuous 12-month period for initial monitoring as listed in table 2 to paragraph (b)(1)(v) of this section: All surface water systems, GWUDI systems, and groundwater systems serving greater than 10,000 persons must collect in a calendar year one sample in each quarter that was not represented, two to four months apart from the months with available data; All groundwater systems serving 10,000 or fewer persons must collect one sample in the month that is five to seven months apart from the month in which the previous sample was taken.
(ix) In determining the most recent data to report, a system must include all results provided by a laboratory whether above or below the practical quantitation levels. These results must be used for the purposes of determining the frequency with which a system must monitor at that sampling point at the start of the compliance monitoring period.
(x) States may delete results of obvious sampling errors. If the State deletes a result because of an obvious sampling error and the system fails to collect another sample this is a monitoring violation as described in § 141.905(c) .
(xi) Initial monitoring requirements, including reporting results to the State, must be completed by April 26, 2027.
(2)Compliance monitoring.
(i) Based on initial monitoring results, at the start of the monitoring period that begins on April 26, 2027, systems may reduce monitoring at each sampling point at which all reported sample concentrations were below all trigger levels defined in paragraph (a)(5) of this section, unless otherwise provided for by the State. At eligible sampling points, each water system must analyze one sample for all regulated PFAS during each three-year monitoring period, at a time specified by the State, in the quarter in which the highest analytical result was detected during the most recent round of quarterly or semi-annual monitoring. If a sampling point is not eligible for triennial monitoring, then the water system must monitor quarterly at the start of the compliance monitoring period.
(ii) If, during the compliance monitoring period, a system is monitoring triennially and a PFAS listed in § 141.61(c) is detected at a level equal to or exceeding the trigger levels defined in paragraph (a)(5) of this section in any sample, then the system must monitor quarterly for all regulated PFAS beginning in the next quarter at the sampling point. The triggering sample must be used as the first quarter of monitoring for the running annual average calculation.
(iii) For all source water types, a State may determine that all regulated PFAS at a sampling point are reliably and consistently below the MCL after considering, at a minimum, four consecutive quarterly samples collected during the compliance monitoring period. A sampling point that a State has determined to be reliably and consistently below the MCL is required to collect annual samples for at least the first three years after that determination is made. Annual samples must be collected in the quarter in which detected concentrations were highest during the most recent year of quarterly monitoring. If, after three consecutive years, annual samples all contain results that are below the trigger levels defined in paragraph (a)(5) of this section, the State may allow a system to begin triennial monitoring at the sampling point. The water system must collect triennial samples in the quarter with the highest concentrations during the most recent round of quarterly sampling. If an annual sample meets or exceeds an MCL or the State determines that the result is not reliably and consistently below the MCL for all regulated PFAS, then the system must monitor quarterly for all regulated PFAS beginning in the next quarter at the sampling point.
(iv) The three different compliance monitoring sampling schedules that may be assigned and the criteria for each are summarized in the following table:

Table 3 to paragraph (b)(2)(iv)-Compliance Monitoring Schedules and Requirements

Sampling frequency Eligibility requirements 1Sample timing requirements
TriennialAt an individual sampling point, either: (1) All initial monitoring results demonstrate concentrations of all regulated PFAS below trigger levels; (2) The most recent three consecutive annual monitoring results all demonstrated concentrations of all regulated PFAS below trigger levels; or (3) The previous triennial sample demonstrated all regulated PFAS concentrations below trigger levels. Note: After beginning compliance monitoring, a system may not transition directly from quarterly monitoring to triennial monitoring.Sample must be collected at a time within the three-year period designated by the State, in the quarter that yielded the highest analytical result during the most recent round of quarterly sampling (or the most recent semi-annual sampling, if no quarterly sampling has occurred).
AnnualA State makes a determination that all regulated PFAS concentrations at the sampling point are reliably and consistently below PFAS MCLs, after considering, at a minimum, 4 consecutive quarterly samples collected during the compliance monitoring period.Sample must be collected at a time designated by the State, within the quarter that yielded the highest analytical result during the most recent round of quarterly sampling.
QuarterlyAt an individual sampling point, either: (1) Any regulated PFAS concentration meets or exceeds a trigger level during initial monitoring; (2) Sampling is occurring quarterly during compliance monitoring and a State has not made a determination that all levels of regulated PFAS at the sampling point are reliably and consistently below the regulated PFAS MCLs; or (3) A sample collected by a system required to conduct triennial monitoring contains regulated PFAS concentrations that meet or exceed trigger levels. The first of these samples meeting or exceeding the trigger level is considered the first quarterly sample. (4) A sample collected by a system required to conduct annual monitoring contains regulated PFAS concentrations that meet or exceed an MCL. The first of these samples meeting or exceeding the MCL is considered the first quarterly sample.Samples must be collected in four consecutive quarters, on dates designated by the State.

1 The monitoring frequency at a sampling point must be the same for all regulated PFAS and is determined based on the most frequent sampling required for any regulated PFAS detected at a level at or exceeding the trigger level.

(v) The State may require a confirmation sample for any sampling result. If a confirmation sample is required by the State, the system must average the result with the first sampling result and the average must be used for the determination of compliance with MCLs as specified by § 141.903 . A State may delete results of obvious sampling errors from the MCL compliance calculations described in § 141.903 . If the State deletes a result because of an obvious sampling error and the system fails to collect another sample this is a monitoring violation as described in § 141.905(c) .
(vi) The State 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).
(vii) Each public water system must monitor at the time designated by the State within each monitoring period.
(viii) When a system reduces its sampling frequency to annual or triennial sampling, the next compliance sample must be collected in the monitoring period that begins the calendar year following State approval of a reduction in monitoring frequency.

40 C.F.R. §141.902

89 FR 32750, 6/25/2024