La. Admin. Code tit. 51 § XII-1309

Current through Register Vol. 50, No. 9, September 20, 2024

Section XII-1309 - Step 2 Bench-Scale (Jar) or Pilot-Scale Testing

A. Water systems, meeting §1303. A applicability requirements of this Subchapter, which cannot achieve Step 1 TOC removal requirements at any time following 12 months of paired TOC monitoring, shall submit an application to the state health officer for approval of alternative minimum (Step 2) TOC removal requirements. Such application shall be submitted within three months of the failure to achieve the Step 1 TOC removal requirements specified in 40 CFR 141.135(b)(2). The application shall include the results of bench-scale (jar) or pilot-scale testing conducted in accordance with the applicable provisions of §377 of this Part, specifically, 40 CFR 141.135(b)(4). The system shall conduct bench-scale (jar) or pilot-scale testing at a frequency of no less than once per calendar quarter for at least one year (beginning from the time of failure to achieve Step 1 TOC removal requirements) so that seasonal changes in raw water quality may be assessed and accounted for.

B. For a system which voluntarily completed 12 months of TOC monitoring prior to the applicable federal compliance date of the rule for the particular system (i.e., performed pre-compliance paired TOC/alkalinity monitoring to determine whether Step 1 TOC removals could be met before the compliance date of the rule) and then determines in the first 12 months after the federal compliance date that it is not able to meet the Step 1 TOC removal requirements and therefore must apply for alternative minimum TOC removal (Step 2) requirements, the state health officer may make the Step 2 requirements retroactive for the purpose of determining compliance.

1. Pursuant to the requirements of Subsection A of this Section, at least one Step 2 TOC bench-scale (jar) or pilot-scale test is required to be performed per calendar quarter. When the state health officer agrees to make the Step 2 TOC removal requirements retroactive in accord with the requirements of Subsection B of this Section, the Step 2 TOC removal requirements shall be applied retroactively by the equivalent calendar quarter. [ For example, Step 2 TOC removal requirements determined during the first calendar quarter of 2005 (for applicable surface water systems serving less than 10,000 persons) shall retroactively be applied as the TOC requirement to the first calendar quarter of 2004; Step 2 TOC removal requirements determined during the second calendar quarter of 2005 shall retroactively be applied as the TOC requirement to the second calendar quarter of 2004; Step 2 TOC removal requirements determined during the third calendar quarter of 2005 shall retroactively be applied as the TOC requirement to the third calendar quarter of 2004; and, Step 2 TOC removal requirements determined during the fourth calendar quarter of 2005 shall retroactively be applied as the TOC requirement to the fourth calendar quarter of 2004.]

C. For those systems which may be achieving Step 1 removals during 2002 and 2003 (for applicable systems serving 10,000 or more persons) or during 2004 and 2005 (for applicable systems serving less than 10,000 persons) and then, for whatever reason, all of a sudden cannot achieve Step 1 removals in 2004 or later (for applicable systems serving 10,000 or more persons)or 2006 or later (for applicable systems serving less than 10,000 persons), Step 2 bench-scale (jar) or pilot-scale testing results may then be applied to the three months of the quarter in which the Step 2 bench-scale (jar) or pilot-scale testing is performed and retroactively to the three months of the prior calendar quarter (six months total).

1. The raw water quality characteristics of any Step 2 bench-scale (jar) or pilot-scale testing must be substantially equivalent to the raw water quality characteristics when the problematic Step 1 monitoring was performed. At its discretion, DHH-OPH is authorized to require a system to perform a new Step 2 bench-scale (jar) or pilot-scale testing particularly when it is determined that the Step 1 and Step 2 raw water quality characteristics are not substantially equivalent.

La. Admin. Code tit. 51, § XII-1309

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 30:1197 (June 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4(A)(8) and 40:5(2)(3)(5)(6)(17)(20).