Current through Register Vol. 54, No. 44, November 2, 2024
Section 109.202 - State MCLs, MRDLs and treatment technique requirements(a)Primary MCLs, MRDLs and treatment technique requirements.(1) A public water system shall supply drinking water that complies with the primary MCLs, MRDLs and treatment technique requirements adopted by the EQB under the act.(2) This subchapter incorporates by reference the primary MCLs, MRDLs and treatment technique requirements in the National Primary Drinking Water Regulations in 40 CFR Part 141 (relating to National Primary Drinking Water Regulations) as State MCLs, MRDLs and treatment technique requirements under authority of section 4 of the act (35 P.S. § 721.4), unless other MCLs, MRDLs and treatment technique requirements are established by regulations of the Department. The primary MCLs, MRDLs and treatment technique requirements which are incorporated by reference are effective on the date established by the Federal regulations.(3) A public water system that is installing granular activated carbon or membrane technology to comply with the MCL for TTHMs, HAA5, chlorite (where applicable) or bromate (where applicable) may apply to the Department for an extension of up to 24 months past the applicable compliance date specified in the Federal regulations, but not beyond December 31, 2003. In granting the extension, the Department will set a schedule for compliance and may specify any interim measures that the Department deems necessary. Failure to meet the schedule or interim treatment requirements constitutes a violation of National Primary Drinking Water Regulations.(4) Other MCLs.(i)Effective dates. The MCLGs and MCLs in subparagraph (ii)(A)-(B) are effective on January 14, 2023.(ii) The MCLGs and MCLs for PFAS are: | CASRN | Contaminant | MCLG (mg/L) | MCL (mg/L) | MCLG (ng/L) | MCL (ng/L) |
| (A) 335-67-1 | PFOA | 0.000008 | 0.000014 | 8 | 14 |
| (B) 1763-23-1 | PFOS | 0.000014 | 0.000018 | 14 | 18 |
(b)Secondary MCLs.(1) A public water system shall supply drinking water that complies with the secondary MCLs adopted by the EQB under the act, except for the MCL for pH which represents a reasonable goal for drinking water quality.(2) This subchapter incorporates by reference the secondary MCLs established by the EPA in the National Secondary Drinking Water Regulations, 40 CFR 143.3 (relating to secondary maximum contaminant levels), as of January 30, 1991, as State MCLs, under the authority of section 4 of the act, unless other MCLs are established by regulations of the Department. The secondary MCL for copper is not incorporated by reference.(3) A secondary MCL for aluminum of 0.2 mg/L is adopted as a State MCL.(c)Treatment technique requirements for pathogenic bacteria, viruses and protozoan cysts. A public water system shall provide adequate treatment to reliably protect users from the adverse health effects of microbiological contaminants, including pathogenic bacteria, viruses and protozoan cysts. The number and type of treatment barriers and the efficacy of treatment provided shall be commensurate with the type, degree and likelihood of contamination in the source water. (1) A public water supplier shall provide, as a minimum, continuous filtration and disinfection for surface water and GUDI sources. The treatment technique must provide at least 99.9% removal and inactivation of Giardia lamblia cysts, and at least 99.99% removal and inactivation of enteric viruses. Beginning January 1, 2002, public water suppliers serving 10,000 or more people shall provide at least 99% removal of Cryptosporidium oocysts. Beginning January 1, 2005, public water suppliers serving fewer than 10,000 people shall provide at least 99% removal of Cryptosporidium oocysts. The Department, depending on source water quality conditions, may require additional treatment as necessary to meet the requirements of this chapter and to protect the public health. (i) The filtration process shall meet the following performance requirements: (A)Conventional or irect filtration.(I) The filtered water turbidity shall be less than or equal to .5 NTU in 95% of the measurements taken each month under 109.301(1) (relating to general monitoring requirements).(II) The filtered water turbidity shall be less than or equal to 2.0 NTU at all times, measured under 109.301(1).(III) Beginning January 1, 2002, for public water systems serving 10,000 or more persons, the filtered water turbidity shall meet the following criteria: (-a-) Be less than or equal to 0.3 NTU in at least 95% of the measurements taken each month under 109.301(1).(-b-) Be less than or equal to 1 NTU at all times, measured under 109.301(1).(IV) Beginning January 1, 2005, for public water systems serving fewer than 10,000 persons, the filtered water turbidity shall meet the following criteria: (-a-) Be less than or equal to 0.3 NTU in at least 95% of the measurements taken each month under 109.301(1).(-b-) Be less than or equal to 1 NTU at all times, measured under 109.301(1).(B)Slow sand or diatomaceous earth filtration.(I) The filtered water turbidity shall be less than or equal to 1.0 NTU in 95% of the measurements taken each month under 109.301(1).(II) The filtered water turbidity shall be less than or equal to 2.0 NTU at all times, measured under 109.301(1).(C)Membrane filtration.(I) Beginning August 20, 2019, for all public water systems, the filtered water turbidity must be less than or equal to 0.15 NTU in at least 95% of the measurements taken each month under 109.301(1).(II) Beginning August 20, 2019, for all public water systems, the filtered water turbidity must be less than or equal to 1 NTU at all times, measured under 109.301(1).(D)Other filtration technologies. The same performance criteria as those given for conventional filtration and direct filtration in clause (A) shall be achieved unless the Department specifies more stringent performance criteria based upon onsite studies, including pilot plant studies, where appropriate.(ii) The combined total effect of disinfection processes utilized in a filtration plant shall: (A) Achieve at least 1.0-log inactivation of Giardia cysts and 3.0-log inactivation of viruses as demonstrated by measurements taken under 109.301(1). Failure to maintain the minimum log inactivation for more than 4 hours of operation constitutes a breakdown in treatment.(B) Provide a minimum residual disinfectant concentration of 0.20 mg/L at the entry point as demonstrated by measurements taken under 109.301(1). Failure to maintain the minimum entry point residual disinfectant concentration for more than 4 hours of operation is a treatment technique violation.(iii) For an unfiltered surface water source permitted for use prior to March 25, 1989, the public water supplier shall: (A) Maintain a minimum residual disinfectant concentration in the water delivered to the distribution system prior to the first customer of 2.5 mg/L expressed as free chlorine or its equivalent as approved by the Department. The residual disinfectant concentration shall be demonstrated by measurements taken under 109.301(2). (I) For a system using disinfectants other than free chlorine, the water supplier shall maintain: (-a-) A minimum concentration that provides, in terms of CTs achieved, a level of protection equivalent to that provided by 2.5 mg/L free chlorine, as determined by the available contact time between the point of application and the first customer, under peak flow conditions.(-b-) At least .2 mg/L of disinfectant in the water delivered to the distribution system prior to the first customer.(II) For a system with extended contact times, generally 60 minutes or more, between the point of application and the first customer, the Department may allow the water supplier to maintain a disinfectant residual concentration less than 2.5 mg/L free chlorine or its equivalent if the CTs established by the EPA are achieved.(B) Provide continuous filtration and disinfection in accordance with this paragraph according to the following schedule: (I) By December 31, 1991, for a public water system that, prior to March 25, 1989, had a waterborne disease outbreak or Giardia contamination in its surface water source.(II) Within 48 months after the discovery of one of the following conditions, or by December 31, 1995, whichever is earlier, for a public water system that experiences the condition after March 25, 1989: (-a-) A waterborne disease outbreak.(-b-) Giardia contamination in its surface water source.(-c-) A violation of the microbiological MCL, the turbidity MCL or the monitoring or reporting requirements for the microbiological MCL.(-d-) A violation of the source microbiological or turbidity monitoring requirements under 109.301(2)(i) or the related reporting requirements.(-e-) The source water fecal coliform concentration exceeds 20/100 ml or the total coliform concentration exceeds 100/100 ml in a source water sample collected under § 109.301(2).(-f-) The source water turbidity level exceeds 5.0 NTU in a sample collected under § 109.301(2).(-g-) The system fails to maintain a continuous residual disinfectant concentration as required under this sub-paragraph.(III) By December 31, 1995, for other public water systems not covered by subclause (I) or (II).(iv) For an unfiltered surface water source which is subject to subparagraph (iii)(B)(II) and (III), the public water supplier shall: (A) Submit to the Department for approval a feasibility study which specifies the means by which the supplier shall, by the applicable deadline established in subpara-graph (iii)(B), meet the requirements of this paragraph. The study shall identify the alternative which best assures the long-term viability of the public water system to meet drinking water standards. The study shall propose a schedule for completion of work, including the design, financing, construction and operation of one of the following alternatives: (I) Permanent filtration treatment facilities that meet the requirements of this chapter.(II) Abandonment of the unfiltered surface water source and one of the following: (-a-) Permanent interconnection with another water supply which meets the requirements of this chapter.(-b-) Permanent water treatment facilities, utilizing groundwater as the source of supply, which meet the requirements of this chapter.(-c-) Provision for adequate supply from existing sources which meets the requirements of this chapter.(B) Submit the feasibility study according to the following schedule: (I) By March 31, 1992, for a supplier which prior to August 31, 1991, experienced a triggering event as specified in subparagraph (iii)(B)(II).(II) By June 30, 1992, for a supplier which after August 31, 1991, but before January 1, 1992, experienced a triggering event as specified in subparagraph (iii)(B)(II).(III) By August 31, 1992, for other suppliers.(C) Submit a full and complete permit application for the means identified in the approved feasibility study by which the supplier shall meet the requirements of this paragraph, according to the following schedule: (I) By the date set in the approved feasibility study for a supplier which, prior to January 1, 1992, experienced a triggering event as specified in subparagraph (iii)(B)(II).(II) By June 30, 1993, for a supplier subject to the requirements of subparagraph (iii)(B)(III), except that a public water supplier serving fewer than 3,300 people may submit its permit application by December 31, 1993.(D) Initiate construction of the means identified in the approved feasibility study by which the supplier shall meet the requirements of this paragraph, according to the following schedule: (I) By the date set in the approved feasibility study for a supplier which, prior to January 1, 1992, experienced a triggering event as specified in subparagraph (iii)(B)(II).(II) By June 30, 1994, for a supplier subject to the requirements of subparagraph (iii)(B)(III), except that a public water supplier serving fewer than 3,300 people may initiate construction by December 31, 1994.(E) Complete construction and commence operation of the alternative identified in the approved feasibility study by the dates specified in subparagraph (iii)(B).(v) The requirements of subparagraph (iv) do not modify, repeal, suspend, supersede or otherwise change the terms of a compliance schedule or deadline, established by an existing compliance order, consent order and agreement, consent adjudication, court order or consent decree. For purposes of this paragraph, the term "existing" means a compliance order, consent order and agreement, consent adjudication, court order or consent decree which was issued or dated before December 14, 1991.(vi) For a source including springs, infiltration galleries, cribs or wells permitted for use by the Department prior to May 16, 1992, and determined by the Department to be a GUDI source, the public water supplier shall: (A) Maintain a minimum residual disinfectant concentration in the water delivered to the distribution system prior to the first customer in accordance with subpara-graph (iii)(A).(B) Provide continuous filtration and disinfection in accordance with this paragraph within 48 months after the Department determines the source of supply is a GUDI source.(C) Submit to the Department for approval a feasibility study within 1 year after the Department determines the source of supply is a GUDI source. The feasibility study shall specify the means by which the supplier shall, within the deadline established in clause (B), meet the requirements of this paragraph and shall otherwise comply with subparagraph (iv)(A).(2) In addition to meeting the requirements of paragraph (1), a public water supplier using surface water or GUDI sources shall also comply with the requirements of, and on the schedules in, Subchapter L (relating to long-term 2 enhanced surface water treatment rule).(3) A community public water system shall provide continuous disinfection and comply with Subchapter M (relating to additional requirements for groundwater sources) for groundwater sources.(4) Public water systems shall conduct assessments in accordance with 109.705(b) (relating to system evaluations and assessments) after meeting any of the triggers under subparagraph (i) or (ii). Failure to conduct an assessment or complete a corrective action in accordance with 109.705(b) is a treatment technique violation requiring 1-hour reporting in accordance with 109.701(a)(3) (relating to reporting and recordkeeping) and public notification in accordance with 109.409 (relating to Tier 2 public notice-categories, timing and delivery of notice). (i) A Level 1 assessment is triggered if any of the following conditions occur: (A) For systems taking 40 samples or more per month under 109.301(3), the system exceeds 5.0% total coliform-positive samples for the month.(B) For systems taking fewer than 40 samples per month under 109.301(3), the system has two or more total coliform-positive samples in the same month.(C) The system fails to take every required check sample under 109.301(3) after any single total coliform-positive sample.(ii) A Level 2 assessment is triggered if any of the following conditions occur:(A) A system fails to meet the E. coli MCL as specified under subsection (a)(2).(B) A system triggers another Level 1 assessment, as defined in subparagraph (i), within a rolling 12-month period, unless the Department has determined a likely reason that the samples that caused the first Level 1 assessment were total coliform-positive and has established that the system has corrected the problem.(5) Failure by a seasonal water system to complete the approved start-up procedure prior to serving water to the public as required under 109.715 (relating to seasonal systems) is a treatment technique violation requiring 1-hour reporting in accordance with 109.701(a)(3) and public notification in accordance with § 109.409.(6) Community water systems using a chemical disinfectant or that deliver water that has been treated with a chemical disinfectant shall comply with the minimum residual disinfectant concentration specified in 109.710 (relating to disinfectant residual in the distribution system).(7) Nontransient noncommunity water systems that have installed chemical disinfection and transient noncommunity water systems that have installed chemical disinfection in accordance with paragraph (1) or 109.1302(b) (relating to treatment technique requirements) shall comply with the minimum residual disinfectant concentration specified in § 109.710.(d)Fluoride. A public water system shall comply with the primary MCL for fluoride of 2 mg/L, except that a noncommunity water system implementing a fluoridation program approved by the Department of Health and using fluoridation facilities approved by the Department under 109.505 (relating to requirements for noncom-munity water systems) may exceed the MCL for fluoride but may not exceed the fluoride level approved by the Department of Health. The secondary MCL for fluoride of 2 mg/L established by the EPA under 40 CFR 143.3 is not incorporated into this chapter.(e)Treatment technique requirements for acrylamide and epichlorohydrin. Systems which use acrylamide or epichlorohydrin in the water treatment process shall certify in accordance with 109.701(d)(7) that the following specified levels have not been exceeded: (1) Acrylamide = 0.05% dosed at 1 ppm (or equivalent).(2) Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent).(f)MRDLs.(1) A public water system shall supply drinking water that complies with the MRDLs adopted by the EQB under the act.(2) This subchapter incorporates by reference the primary MRDLs in the National Primary Drinking Water Regulations, in 40 CFR Part 141, Subpart G (relating to National Primary Drinking Water Regulations: maximum contaminant levels and maximum residual disinfectant levels) as State MRDLs, under the authority of section 4 of the act, unless other MRDLs are established by regulations of the Department. The primary MRDLs which are incorporated by reference are effective on the date established by the Federal regulations.(g)Treatment technique requirements for disinfection byproduct precursors. Community water systems and nontransient noncommunity water systems that use either surface water or GUDI sources and that use conventional filtration treatment shall provide adequate treatment to reliably control disinfection byproduct precursors in the source water. Enhanced coagulation and enhanced softening are deemed by the Department to be treatment techniques for the control of disinfection byproduct precursors in drinking water treatment and distribution systems. This subchapter incorporates by reference the treatment technique in 40 CFR 141.135 (relating to treatment technique for control of disinfection byproduct (DBP) precursors). Coagulants approved by the Department are deemed to be acceptable for the purpose of this treatment technique. This treatment technique is effective on the date established by the Federal regulations.(h)Recycling of waste stream.(1) Except as provided in paragraph (2), a public water system that uses surface water source or GUDI and provides conventional filtration or direct filtration treatment and recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall return these recycled flows through the processes of the system's existing conventional or direct filtration system as defined in 109.1 (relating to definitions) or at an alternate location approved by the Department by June 8, 2004.(2) If capital improvements are required to modify the recycle location to meet the requirement of paragraph (1), the capital improvements shall be completed by June 8, 2006.(3) Capital improvement means a nonrecurring, significant modification for nonroutine, long-term physical improvements to any part of a public water system, including, but not limited to, construction activities, renovation activities, demolition activities, source development, treatment process modifications, storage modifications, distribution system modifications, waste-processing modifications and all associated design costs. The provisions of this §109.202 adopted December 7, 1984, effective 12/8/1984, 14 Pa.B. 4479; amended March 24, 1989, effective 3/25/1989, 19 Pa.B. 1289; amended June 16, 1989, effective 6/17/1989, 19 Pa.B. 2543; amended December 13, 1991, effective 12/14/1991, 21 Pa.B. 5718; amended May 15, 1992, effective 5/16/1992, 22 Pa.B. 2621; amended October 7, 1994, effective 10/8/1994, 24 Pa.B. 5175; amended December 23, 1994, effective 12/24/1994, 24 Pa.B. 6404; amended July 20, 2001, effective 7/21/2001, 31 Pa.B. 3895 and 3938; amended August 9, 2002, effective 8/10/2002, 32 Pa.B. 3894; amended April 2, 2004, effective 4/3/2004, 34 Pa.B. 1758; amended June 18, 2004, effective 6/19/2004, 34 Pa.B. 3130; amended August 13, 2004, effective 8/14/2004, 34 Pa.B. 4435; amended December 24, 2009, effective 12/26/2009, 39 Pa.B. 7279Amended by Pennsylvania Bulletin, Vol 46, No. 39. September 24, 2016, effective 9/24/2016Amended by Pennsylvania Bulletin, Vol 48, No. 17. April 28, 2018, effective 4/28/2018Amended by Pennsylvania Bulletin, Vol 48, No. 33. August 18, 2018, effective 8/18/2018Amended by Pennsylvania Bulletin, Vol 53, No. 02. January 14, 2023, effective 1/14/2023The provisions of this §109.202 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
This section cited in 25 Pa. Code § 78.62 (relating to disposal of residual waste-pits); 25 Pa. Code § 109.5 (relating to organization of chapter); 25 Pa. Code § 109.203 (relating to unregulated contaminants); 25 Pa. Code § 109.204 (relating to disinfection profiling and benchmarking); 25 Pa. Code § 109.301 (relating to general monitoring requirements); 25 Pa. Code § 109.303 (relating to sampling requirements); 25 Pa. Code § 109.304 (relating to analytical requirements); 25 Pa. Code § 109.408 (relating to Tier 1 public notice-categories, timing and delivery of notice); 25 Pa. Code § 109.409 (relating to Tier 2 public notice-categories, timing and delivery of notice); 25 Pa. Code § 109.416 (relating to CCR requirements); 25 Pa. Code § 109.503 (relating to public water system construction permits); 25 Pa. Code § 109.506 (relating to emergency permits); 25 Pa. Code § 109.602 (relating to acceptable design); 25 Pa. Code § 109.605 (relating to minimum treatment design standards); 25 Pa. Code § 109.611 (relating to disinfection); 25 Pa. Code § 109.701 (relating to reporting and recordkeeping); 25 Pa. Code § 109.705 (relating to system evaluations and assessments); 25 Pa. Code § 109.708 (relating to system service and auxiliary power); 25 Pa. Code § 109.710 (relating to disinfectant residual in the distribution system); 25 Pa. Code § 109.810 (relating to reporting and notification requirements); 25 Pa. Code § 109.901 (relating to requirements for a variance); 25 Pa. Code § 109.903 (relating to requirements for an exemption); and 25 Pa. Code § 109.1002 (relating to MCLs, MRDLs or treatment techniques); 25 Pa. Code § 109.1003 (relating to monitoring requirements); 25 Pa. Code § 109.1202 (relating to monitoring requirements); 25 Pa. Code § 1203 (relating to bin classification and treatment technique requirements); 25 Pa. Code § 109.1302 (relating to treatment technique requirements); and 25 Pa. Code § 250.304 (relating to MSCs for groundwater).