216 R.I. Code R. 216-RICR-50-05-1.16

Current through December 26, 2024
Section 216-RICR-50-05-1.16 - Community Water System Requirements
1.16.1Inorganic Chemicals

Detection Limits For Inorganic Contaminants

Contaminant

MCL (mg/l)

Methodology

Detection limit (mg/l)

Antimony

0.006

Atomic Absorption; Furnace

0.003

Atomic Absorption; Platform

0.00085

ICP-Mass Spectrometry

0.0004

Hydride-Atomic Absorption

0.001

Arsenic

0.0106

Atomic Absorption; Furnace

0.001

Atomic Absorption; Platform-Stabilized Temperature

0.00057

Atomic Absorption; Gaseous Hydride

0.001

ICP-Mass Spectrometry

0.00148

Asbestos

7 MFL1

Transmission Electron Microscopy

0.01 MFL

Barium

2

Atomic Absorption; furnace technique

0.002

Atomic Absorption; direct aspiration

0.1

Inductively Coupled Plasma

0.002 (0.001)

Beryllium

0.004

Atomic Absorption; Furnace

0.0002

Atomic Absorption; Platform

0.000025

Inductively Coupled Plasma2

0.0003

ICP-Mass Spectrometry

0.0003

Cadmium

0.005

Atomic Absorption; furnace technique

0.0001

Inductively Coupled Plasma

0.001

Chromium

0.1

Atomic Absorption; furnace technique

0.001

Inductively Coupled Plasma

0.007 (0.001)

Cyanide

0.2

Distillation, Spectrophotometric3

0.02

Distillation, Automated, Spectrophotometric3

0.005

Distillation, Amenable, Spectrophotometric4

0.02

Distillation, Selective Electrode3, 4

0.05

UV, Distillation, Spectrophotometric9

0.0005

Micro Distillation, Flow Injection, Spectrophotometric3

0.0006

Ligand Exchange with Amperometry4

0.0005

Fluoride

4.0 (Primary Std.)

Ion Chromatography

1.0

2.0 (Secondary Std.)

Manual Distillation, Color SPADNS

Manual Electrode

Automated Electrode

Automated Alizarin

Capillary Ion Electrophoresis

1.0

1.0

1.0

1.0

1.0

Mercury

0.002

Manual Cold Vapor Technique

0.002

Automated Cold Vapor Technique

0.002

Nickel

None

Atomic Absorption; Furnace

0.001

Atomic Absorption; Platform

0.00065

Inductively Coupled Plasma2

0.005

ICP-Mass Spectrometry

0.0005

Nitrate

10 (as N)

Manual Cadmium Reduction

0.01

Automated Hydrazine Reduction

0.01

Automated Cadmium Reduction

0.05

Ion Selective Electrode

1

Nitrate

10 (as N)

Ion Chromatography

0.01

Capillary Ion Electrophoresis

0.076

Nitrite

1 (as N)

Spectrophotometric

0.01

Automated Cadmium Reduction

0.05

Manual Cadmium Reduction

0.01

Ion Chromatography

0.004

Capillary Ion Electrophoresis

0.103

Selenium

0.05

Atomic Absorption; furnace

0.002

Atomic Absorption; gaseous hydride

0.002

Thallium

0.002

Atomic Absorption; Furnace

0.001

Atomic Absorption; Platform

0.00075

ICP-Mass Spectrometry

0.0003

Selenium

0.05

Atomic Absorption; furnace

0.002

Atomic Absorption; gaseous hydride

0.002

Thallium

0.002

Atomic Absorption; Furnace

0.001

Atomic Absorption; Platform

0.00075

ICP-Mass Spectrometry

0.0003

1 MFL = million fibers per liter &>10 µm.

2 Using a 2X preconcentration step as noted in Method 200.7. Lower MDLs may be achieved when using a 4X preconcentration.

3 Screening method for total cyanides.

4 Measures "free" cyanides when distillation, digestion, or ligand exchange is omitted.

5 Lower MDLs are reported using stabilized temperature graphite furnace atomic absorption.

6 The value for arsenic is effective January 23, 2006. Unit then, the MCL is 0.05 mg/L.

7 The MDL reported for EPA method 200.9 (Atomic Absorption; Platform-Stablized Temperature) was determined using a 2x concentration step during sample digestion. The MDL determined for samples analyzed using direct analyses (i.e., no sample digestion) will be higher. Using multiple depositions, EPA 200.9 is capable of obtaining MDL of 0.0001 mg/L.

8 Using selective ion monitoring, EPA Method 200.8 (ICP-MS) is capable of obtaining a MDL of 0.0001 mg/L.

9 Measures total cyanides when UV-digestor is used, and "free" cyanides when UV-digestor is bypassed.

A. Community PWS shall conduct monitoring to determine compliance with the MCLs specified in this Section.
1. Monitoring shall be conducted as follows:
a. Groundwater PWS shall take a minimum of one (1) sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point) beginning in the initial compliance period. The PWS shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.
b. Surface water PWS shall take a minimum of one (1) sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source after treatment (hereafter called a sampling point) beginning in the initial compliance period. The PWS shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. Note: For purpose of this Paragraph, surface water PWSs include PWSs with a combination of surface and ground sources.
c. If a PWS draws water from more than one (1) source and the sources are combined before distribution, the PWS must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).
2. The Director may reduce the total number of samples which must be analyzed by allowing the use of compositing. Composite samples from a maximum of five (5) samples 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.
a. If the concentration in the composite sample is greater than or equal to one-fifth of the MCL of any inorganic chemical, then a follow-up sample must be taken within fourteen (14) days at each sampling point included in the composite. These samples must be analyzed for the contaminants which exceeded one-fifth of the MCL in the composite sample. Detection limits for each analytical method are found in § 1.16.1 of this Part.
b. If the population served by the PWS is > 3,300 persons, then compositing may only be permitted by the Director at sampling points within a single PWS. In PWSs serving < 3,300 persons, the Director may permit compositing among different PWSs provided the 5-sample limit is maintained.
c. If duplicates of the original sample taken from each sampling point used in the composite are available, the PWS may use these instead of resampling. The duplicates must be analyzed and the results reported to the Director within fourteen (14) days after completing analysis of the composite sample, provided the holding time of the sample is not exceeded.
3. The frequency of monitoring for asbestos shall be in accordance with § 1.16.1(B) of this Part; the frequency of monitoring for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium shall be in accordance with § 1.16.1(C) of this Part; the frequency of monitoring for nitrate shall be in accordance with § 1.16.1(D) of this Part; and the frequency of monitoring for nitrite shall be in accordance with § 1.16.1(E) of this Part.
B. The frequency of monitoring conducted to determine compliance with the maximum contaminant level for asbestos specified in § 1.16.1 of this Part shall be conducted as follows:
1. Each community and non-transient, non-community PWS is required to monitor for asbestos during the first three-year compliance period of each nine-year compliance cycle beginning in the compliance period starting January 1, 1993.
2. If the PWS believes it is not vulnerable to either asbestos contamination in its source water or due to corrosion of asbestos-cement pipe, or both, it may apply to the Director for a waiver of the monitoring requirement in § 1.16.1(B)(1) of this Part. If the Director grants the waiver, the PWS is not required to monitor.
3. The Director may grant a waiver based on a consideration of the following factors:
a. Potential asbestos contamination of the water source, and
b. The use of asbestos-cement pipe for finished water distribution and the corrosive nature of the water.
4. A waiver remains in effect until the completion of the three-year compliance period. PWSs not receiving a waiver must monitor in accordance with the provisions of § 1.16.1(B)(1) of this Part.
5. A PWS vulnerable to asbestos contamination due solely to corrosion of asbestos-cement pipe shall take one (1) sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.
6. A PWS vulnerable to asbestos contamination due solely to source water shall monitor in accordance with the provision of § 1.16.1(A) of this Part.
7. A PWS vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take one (1) sample at a tap served by asbestos cement pipe and under conditions where asbestos contamination is most likely to occur.
8. A PWS which exceeds the maximum contaminant levels shall monitor quarterly beginning in the next quarter after the violation occurred.
9. The Director may decrease the quarterly monitoring requirement to the frequency specified in § 1.16.1(B)(1) of this Part, provided the Director has determined that the PWS is reliably and consistently below the maximum contaminant level. In no case can the Director make this determination unless a groundwater system takes a minimum of two (2) quarterly samples and a surface (or combined surface/ground) water PWS takes a minimum of four (4) quarterly samples.
10. If monitoring data collected after January 1, 1990 is generally consistent with the requirements of § 1.16.1 of this Part, then the Director may allow PWSs to use that data to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.
C. The frequency of monitoring conducted to determine compliance with the maximum contaminant levels in § 1.16.1 of this Part, for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, thallium and selenium shall be as follows:
1. Groundwater systems shall take one (1) sample at each sampling point during each compliance period. Surface water systems (or combines surface/ground) shall take one (1) sample annually at each sampling point.
2. The PWS may apply to the Director for a waiver from the monitoring frequencies specified in § 1.16.1(C)(1) of this Part. The Director may grant a PWS a waiver for monitoring of cyanide, provided that the Director determines that the PWS is not vulnerable due to lack of any industrial source of cyanide.
3. A condition of the waiver shall require that a PWS shall take a minimum of one (1) sample while the waiver is effective. The term during which the waiver is effective shall not exceed one (1) compliance cycle (i.e., nine (9) years).
4. The Director may grant a waiver provided surface water systems have monitored annually for at least three (3) years and groundwater systems have conducted a minimum of three (3) rounds of monitoring. (At least one (1) sample shall have been taken since January 1, 1990). Both surface and groundwater systems shall demonstrate that all previous analytical results were less than the maximum contaminant level. PWSs that use a new water source are not eligible for a waiver until three (3) rounds of monitoring from the new source have been completed.
5. In determining the appropriate reduced monitoring frequency, the Director shall consider:
a. Reported concentrations from all previous monitoring;
b. The degree of variation in reported concentrations; and
c. Other factors which may affect contaminant concentration such as changes in groundwater pumping rates, changes in the PWS's configuration, changes in the PWS's operating procedures, or changes in stream flows or characteristics.
6. A decision by the Director to grant a waiver shall be made in writing and shall set forth the basis for the determination. The determination may be initiated by the Director or upon an application by the PWS. The PWS shall specify the basis for its request. The Director shall review and, where appropriate, revise its determination of the appropriate monitoring frequency when the PWS submits new monitoring data or when other data relevant to the PWS's appropriate monitoring frequency become available.
7. PWSs which exceed the maximum contaminant levels as calculated in § 1.16.1(I) of this Part, shall monitor quarterly beginning in the next quarter after the violation occurred.
8. The Director may decrease the quarterly monitoring requirement to the frequencies specified in §§ 1.16.1(C)(1) and (C)(2) of this Part, provided it has determined that the PWS is reliably and consistently below the maximum contaminant level. In no case can the Director make this determination unless a groundwater system takes a minimum of two (2) quarterly samples and a surface water system take a minimum of four (4) quarterly samples.
9. All new water PWSs or PWSs that use a new source of water must demonstrate compliance with the MCL of all contaminants listed in § 1.16.1 of this Part, within a period of time specified by the Director. The PWS must also comply with the initial sampling frequencies specified by the Director to ensure a PWS can demonstrate compliance with the MCL. Routine and increase monitoring frequencies shall be conducted in accordance with the requirements in this Section.
D. All PWS (community; non-transient, non-community; and transient, non- community PWS) shall monitor to determine compliance with the maximum contaminant level for nitrate in § 1.16.1 of this Part.
1. Community and non-transient, non-community PWS served by groundwater PWS shall monitor annually; PWS served by surface water shall monitor quarterly.
2. For community and non-transient, non-community PWS, the repeat monitoring frequency for groundwater PWS shall be quarterly for at least one (1) year following any one (1) sample in which the concentration is greater than or equal to fifty percent (50%) of the MCL. The Director may allow a groundwater PWS to reduce the sampling frequency to annually after four (4) consecutive quarterly samples are reliably and consistently less than the MCL.
3. For community and non-transient, non-community PWS, the Director may allow a surface water PWS to reduce the sampling frequency to annually if all analytical results from four (4) consecutive quarters are < 50 percent of the MCL. A surface water PWS shall return to quarterly monitoring if any sample is greater than or equal to fifty percent (50%) of the MCL.
4. Each transient non-community PWS shall monitor annually.
5. After the initial round of quarterly sampling is completed, each community and non-transient, non-community PWS which is monitoring annually shall take subsequent samples during the quarter(s) which previously resulted in the highest analytical result.
E. All PWS (community; non-transient, non-community; and transient, non- community PWS) shall monitor to determine compliance with the maximum contaminant level for nitrite in § 1.16.1 of this Part.
1. All PWS shall take a minimum of one (1) sample at each sampling point in each compliance period.
2. After the initial sample, PWS where an analytical result for nitrite is < fifty percent (50%) of the MCL shall monitor at the frequency specified by the Director.
3. For community, non-transient, non-community, and transient non-community PWS, the repeat monitoring frequency for any PWS shall be quarterly for at least one (1) year following any one (1) sample in which the concentration is > fifty percent (50%) of the MCL. The Director may allow a PWS to reduce the sampling frequency to annually after determining the PWS is reliably and consistently less than the MCL.
4. PWS which are monitoring annually shall take each subsequent sample during the quarter(s) which previously resulted in the highest analytical result.
F. Confirmation Samples
1. Where the results of sampling for asbestos, antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium indicate an exceeding of the maximum contaminant level, the Director may require that one (1) additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two (2) weeks) at the same sampling point.
2. Where nitrate or nitrite sampling results indicate an exceedance of the maximum contaminant level, the PWS shall take a confirmation sample within twenty-four (24) hours of the PWS's receipt of notification of the analytical results of the first sample. PWS unable to comply with the twenty-four (24)-hour sampling requirement must immediately notify persons served by the PWS in accordance with § 1.16.6(B) of this Part and meet other Tier 1 public notification requirements under §§ 1.16.6 or 1.17.6 of this Part. PWS exercising this option must take and analyze a confirmation sample within two (2) weeks of notification of the analytical results of the first sample.
3. If a required confirmation sample is taken for any contaminant, then the results of the initial and confirmation sample shall be averaged. The resulting average shall be used to determine the PWS's compliance in accordance with § 1.16.1(I) of this Part. The Director has the discretion to delete results of obvious sampling errors.
G. The Director may require more frequent monitoring than specified in §§ 1.16.1(B) through (E) of this Part, or may require confirmation samples for positive and negative results at his/her discretion.
H. PWS may apply to the Director to conduct more frequent monitoring than the minimum monitoring frequencies specified in this Section.
I. Compliance with § 1.16.1 of this Part, shall be determined based on the analytical result(s) obtained at each sampling point.
1. For PWS which are conducting monitoring at a frequency greater than annual, compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium is determined by a running annual average at any sampling point. If the average at any sampling point is greater than the MCL, then the PWS is out of compliance. If any one (1) sample would cause the annual average to be exceeded, then the PWS is out of compliance immediately. Any sample below the method detection limit shall be calculated at zero for the purpose of determining the annual average. If a PWS fails to collect the required number of samples, compliance (average concentration) will be based on the number of samples collected.
2. For PWS which are monitoring annually, or less frequently, the PWS is out of compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium if the level of a contaminant at any sampling point is greater than the MCL. If a confirmation sample is required by the Director, the determination of compliance will be based on the annual average of the initial MCL exceedance and any Director-required confirmation samples. If a PWS fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.
3. Compliance with the maximum contaminant levels for nitrate and nitrite is determined based on one (1) sample if the levels of these contaminants are below the MCLs. If the levels of nitrate and/or nitrite exceed the MCLs in the initial sample, a confirmation sample is required in accordance with § 1.16.1(F)(2) of this Part, and compliance shall be determined based on the average of the initial and confirmation samples.
4. Arsenic sampling results will be reported to the nearest 0.001 mg/L.
J. Sample collection and analyses for the purpose of determining compliance with arsenic shall be conducted using the requirements specified in § 1.21 of this Part.
1. Analyses for all community PWS utilizing surface water sources shall be repeated at yearly intervals.
2. Analyses for all community PWS utilizing only groundwater sources shall be repeated at three-year intervals.
3. The Director has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by their sanctioned representatives and agencies.
4. The MCL for arsenic for community and non-transient, non-community PWS is 0.010 mg/L.
K. If the result of an analysis made under § 1.16.1(J) of this Part indicates that the arsenic concentration exceeds the maximum contaminant level, the PWS shall report to the Director within seven (7) days and initiate three (3) additional analyses at the same sampling point within one (1) month.
L. When the average of four (4) analyses made pursuant to § 1.16.1(K) of this Part, rounded to the same number of significant figures as the maximum contaminant level for arsenic exceeds the maximum contaminant level, the supplier of water shall notify the Director pursuant to § 1.11.2 of this Part and give notice to the public pursuant to § 1.16.6 of this Part. Monitoring after public notification shall be at a frequency designated by the Director and shall continue until the maximum contaminant level has not been exceeded in two (2) successive samples or until a monitoring schedule as a condition to a variance, exemption or enforcement action shall become effective.
M. If a PWS has a distribution system separable from other parts of the distribution system with no interconnections, the Director may allow the PWS to give public notice to only the area served by that portion of the PWS which is out of compliance.
N. Each PWS shall monitor at the time designated by the Director during each compliance period.
O. Mechanical Fluoride Adjustment - Monitoring Frequency and Reporting Requirements
1. For each source where the fluoride concentration is mechanically adjusted, a fluoride determination of the treated water shall be made and recorded daily by the water purveyor. Fluoride analysis shall be conducted in accordance with § 1.21 of this Part. Results shall be reported monthly to the Director within ten (10) days after the end of the month.
2. Failure to comply with the requirements of § 1.16.1(O) of this Part is not subject to the public notice requirements of § 1.16.6 of this Part.
P. Monitoring Protocol for Sodium. Each community PWS will sample each of its active sources at the entry point of the source into the distribution system, following any treatment provided to one (1) or more sources of water, as follows:
1. Surface water sources shall be sampled during the months of January, February, and March of each calendar year:
2. Six (6) consecutive biweekly samples may be composited into a single sample. Compositing must be done at the laboratory. (Groundwater sources shall be sampled annually during the months of March or April.)
3. Samples shall be analyzed for sodium. Results shall be reported to the Director within ten (10) days after determination. Sodium sampling requirements may be modified or waived at the discretion of the Director.
Q. Analytical Techniques - Inorganic chemical analyses shall be made in accordance with § 1.21 of this Part, with respect to Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium, Nickel, and Thallium.
R. BAT for Inorganic Contaminants. The following are hereby identified as the best technology, treatment technique, or other means available for achieving compliance with the maximum contaminant level for inorganic contaminants identified in this Part, except fluoride:

BAT For Inorganic Contaminants Listed in § 1.16.1

Chemical Name

BAT(s)

Antimony

2,7

Arsenic 4,5

1,2,5,6,7,9,1, 26

Asbestos

2,3,8

Barium

5,6,7,9

Beryllium

1,2,5,6,7

Cadmium

2,5,6,7

Chromium

2,5,62,7

Cyanide

5,7,10

Mercury

21,4,61,71

Nickel

5,6,7

Nitrate

5,7,9

Nitrite

5,7

Selenium

1,23,6,7,9

Thallium

1,5

1 BAT only if influent Hg concentrations <10µg/L.

2 BAT for Chromium III only.

3 BAT for Selenium IV only.

4 BATs for Arsenic V. Pre-oxidation may be required to convert Arsenic III to Arsenic V.

5 BATs for arsenic become effective January 23, 2006.

6 To obtain high removals, iron to arsenic ratio must be at least 20:1.

Key to BATS in Table

1=Activated Alumina

2=Coagulation/Filtration (not BAT for systems <500 service connections) 3=Direct and Diatomite Filtration

4=Granular Activated Carbon 5=Ion Exchange

6=Lime Softening (not BAT for systems <500 service connections) 7=Reverse Osmosis

8=Corrosion Control 9=Electrodialysis 10=Chlorine 11=Ultraviolet 12=Oxidation/Filtration

S. The Director hereby identifies in the following table the affordable technology, treatment technique, or other means available to PWS serving 10,000 persons or fewer for achieving compliance with the maximum contaminant level for arsenic effective January 23, 2006:

Small System Compliance Technologies (SSCTS)1 for Arsenic2

Small System Compliance Technology

Affordable for listed small system categories3

Activated Alumina (centralized)

All size categories

Activated Alumina (Point-of-Use)4

All size categories

Coagulation/Filtration5

501-3,300, 3,301-10,000

Coagulation-assisted Microfiltration

501-3,300, 3,301-10,000

Electrodialysis reversal6

501-3,300, 3,301-10,000

Enhanced coagulation/filtration

All size categories

Enhanced lime softening (pH&> 10.5)

All size categories

Ion Exchange

All size categories

Lime Softening5

501-3,300, 3,301-10,000

Oxidation/Filtration7

All size categories

Reverse Osmosis (centralized)6

501-3,300, 3,301-10,000

Reverse Osmosis (Point-of-Use)4

All size categories

1 Section 1412(b)(4)(E)(ii) of SDWA specifies that SSCTs must be affordable and technically feasible for small systems.

2 SSCTs for Arsenic V. Pre-oxidation may be required to convert Arsenic III to Arsenic V.

3 The Act (ibid.) specifies three (3) categories of small systems:

(i) those serving 25 or more, but fewer than 501,

(ii) those serving more than 500, but fewer than 3,301, and

(iii) those serving more than 3,300, but fewer than 10,001.

4 When POU or POE devices are used for compliance, programs to ensure proper long-term operation, maintenance, and monitoring must be provided by the water system to ensure adequate performance.

5 Unlikely to be installed solely for arsenic removal. May require pH adjustment to optimal range if high removals are needed.

6 Technologies reject a large volume of water-may not be appropriate for areas where water quantity may be an issue.

7 To obtain high removals, iron to arsenic ratio must be at least 20:1

1.16.2Organic Chemicals
A. Maximum Contaminant Levels for Synthetic Organic Contaminants

Contaminant

MCL (mg/L)

Alachlor

0.002

Aldicarb

reserved

Aldicarb sulfoxide

reserved

Aldicarb sulfone

reserved

Altrazine

0.003

Carbofuran

0.04

Chlordane

0.002

Dibromochloropropane

0.0002

2,4-D

0.07

Ethylene dibromide

0.00005

Heptachlor

0.0004

Heptachlor epoxide

0.0002

Lindane

0.0002

Methoxychlor

0.04

Polychlorinated biphenyls

0.0005

Pentachlorophenol

0.001

Toxaphene

0.003

2,4,5-TP

0.05

Benzo[a]pyrene

0.0002

Dalapon

0.2

Di(2-ethylhexyl) adipate

0.4

Di(2-ethylhexyl) phthalate

0.006

Dinoseb

0.007

Diquat

0.02

Endothall

0.1

Endrin

0.002

Glyphosate

0.7

Hexacholorbenzene

0.001

Hexachlorocyclopentadie ne

0.05

Oxamyl (Vydate)

0.2

Picloram

0.5

Simazine

0.004

2,3,7,8-TCDD (Dioxin)

3x10-8

1. Analysis of the contaminants listed in § 1.16.2(A) of this Part, for the purposes of determining compliance with the maximum contaminant level shall be conducted as follows except that monitoring for the contaminants aldicarb, aldicarb sulfoxide and aldicarb sulfone shall be conducted in accordance with § 1.21 of this Part:
2. Groundwater systems shall take a minimum of one (1) 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 or treatment plant.
3. Surface water systems shall take a minimum of one (1) 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 or treatment plant. Note: For purposes of this Paragraph, surface water systems include PWSs with a combination of surface and ground sources.
4. If the PWS draws water from more than one (1) source and the sources are combined before distribution, the PWS must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water representative of all sources if being used).
5. Monitoring Frequency:
a. Each community and non-transient non-community PWS shall take four (4) consecutive quarterly samples for each contaminant listed in § 1.16.2(A) of this Part during each compliance period beginning with the initial compliance period.
b. PWSs 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 (2) quarterly samples in one (1) year during each repeat compliance period.
c. PWSs serving less than or equal to 3,300 persons which do not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of one (1) sample during each repeat compliance period.
6. Each community and non-transient non-community PWS may apply to the Director for a waiver from the requirement of § 1.16.2(A)(5) of this Part. A PWS must reapply for a waiver for each compliance period.
7. The Director may grant a waiver after evaluating the following factor(s): Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the PWS. If a determination by the Director 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.
a. Previous analytical results.
b. The proximity of the PWS 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.
c. The environmental persistence and transport of the pesticide or PCBs.
d. 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.
e. Elevated nitrate levels at the water supply source.
f. Use of PCBs in equipment used in the production, storage, or distribution of water (i.e., PCBs used in pumps, transformers, etc.).
8. If an organic contaminant listed in § 1.16.2(A) of this Part is detected (as defined by § 1.16.2(A)(18) of this Part) in any sample, then:
a. Each PWS must monitor quarterly at each sampling point which resulted in a detection.
b. The Director may decrease the quarterly monitoring requirement specified in § 1.16.2(A)(8)(a) of this Part, provided it has determined that the PWS is reliably and consistently below the maximum contaminant level. In no case shall the Director make this determination unless a groundwater system takes a minimum of two (2) quarterly samples and a surface water system takes a minimum of four (4) quarterly samples.
c. After the Director determines the PWS is reliably and consistently below the maximum contaminant level the Director may allow the PWS to monitor annually. PWSs which monitor annually must monitor during the quarter that previously yielded the highest analytical result.
d. PWSs which have three (3) consecutive annual samples with no detection of a contaminant may apply to the Director for a waiver as specified in § 1.16.2(A)(7) of this Part.
e. If monitoring results in detection of one (1) or more of certain related contaminants (aldicarb, aldicarb sulfone, aldicarb sulfoxide and heptachlor, heptachlor epoxide), than subsequent monitoring shall analyze for all related contaminants.
9. PWSs which violate the requirements of § 1.16.2(A) of this Part as determined by § 1.16.2(A)(12) of this Part must monitor quarterly. After a minimum of four (4) quarterly samples show the PWS is in compliance and the Director determines the PWS is reliably and consistently below the MCL, as specified in § 1.16.2(A)(12) of this Part, the PWS shall monitor at the frequency specified in § 1.16.2(A)(8)(c) of this Part.
10. The Director may require a confirmation sample for positive or negative results. If a confirmation sample is required by the Director, the result must be averaged with the first sampling result and the average used for the compliance determination as specified by § 1.16.2(A)(12) of this Part. The Director has discretion to delete results of obvious sampling errors from this calculation.
11. The Director may reduce the total number of samples a PWS must analyze by allowing the use of compositing. Composite samples from a maximum of five (5) 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 fourteen (14) days of sample collection.
a. If the concentration in the composite sample is greater than or equal to 0.0005 mg/L for any contaminant listed in § 1.16.2(A) of this Part, then a follow-up sample must be taken within fourteen (14) days at each sampling point included in the composite and be analyzed for that contaminant.
b. If duplicates of the original sample taken from each sampling point used in the composite are available, the PWS may use these duplicates instead of resampling. The duplicate must be analyzed and the results reported to the Director within fourteen (14) days of collection.
c. If the population served by the PWS is > 3,300 persons, then compositing may only be permitted by the Director at sampling points within a single PWS. In PWSs serving less than or equal to 3,300 persons, the Director may permit compositing among different PWSs provided the 5-sample limit is maintained.
12. Compliance with § 1.16.2(A) of this Part shall be determined based on the analytical results obtained at each sampling point. If one (1) sampling point is in violation of an MCL, the PWS is in violation of the MCL.
a. For PWSs 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 PWS is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the PWS is out of compliance immediately.
b. PWSs monitoring annually or less frequently whose sample result exceeds the regulatory detection level as defined by § 1.16.2(A)(18) of this Part must begin quarterly sampling. The PWS will not be considered in violation of the MCL until it has completed one (1) year of quarterly sampling.
c. If any sample result will cause the running annual average to exceed the MCL at any sampling point, the PWS is out of compliance with the MCL immediately.
d. If a PWS fails to collect the required number of samples, compliance will be based on the total number of samples collected.
e. If a sample result is less than the detection limit, zero will be used to calculate the annual average.
f. If a PWS has a distribution system separable from other parts of the distribution system with no interconnections, the Director may allow the PWS to give public notice to only that area served by that portion of the PWS which is out of compliance.
13. Analysis for the contaminants listed in § 1.16.2(A) of this Part shall be conducted using the EPA methods or their equivalent as approved by EPA and as described in § 1.21 of this Part.
14. If monitoring data collected after January 1, 1990, is generally consistent with the requirements of § 1.16.2(A) of this Part, then the Director may allow PWSs to use that data to satisfy the monitoring requirement for the initial compliance period.
15. The Director may increase the required monitoring frequency, where necessary, to detect variations within the PWS (e.g., fluctuations in concentration due to seasonal use, changes in water source).
16. The Director has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by their sanctioned representatives and agencies.
17. Each PWS shall monitor at the time designated by the Director within each compliance period.
18. Detection as used in this Paragraph shall be defined as greater than or equal to the following concentrations for each contaminant.

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-ethylhexyl) adipate

0.0006

Di (2-ethylhexyl) phthalate

0.0006

Dinoseb

0.0002

Diquat

0.0004

2,4-D

0.0001

Endothall

0.009

Endrin

0.00001

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) (as decachlorobiphenyl)

0.0001

Pentachlorophenol

0.00004

Simazine

0.00007

Toxaphene

0.001

2,3,7,8-TCDD (Dixon)

0.000000005

2,4,5-TP (Silvex)

0.0002

19. All new PWS or PWS that use a new source of water that begin operation after January 22, 2004 must demonstrate compliance with the MCL in § 1.16.2(A) of this Part, within a period of time specified by the Director. The PWS must also comply with the initial sampling frequencies specified by the Director to ensure a PWS can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements in this Section.
B. Volatile Organic Chemicals. Maximum contaminant levels for certain volatile organic chemicals:
1. Vinyl Chloride - 0.002 mg/L
2. Benzene - 0.005 mg/L
3. Carbon Tetrachloride - 0.005 mg/L
4. 1,2 Dichloroethane - 0.005 mg/L
5. Trichloroethylene - 0.005 mg/L
6. p Dichlorobenzene - 0.075 mg/L
7. 1,1 Dichloroethylene - 0.007 mg/L
8. 1,1,1 Trichloroethane - 0.2 mg/L
9. cis-1,2-Dichloroethylene - 0.07 mg/L
10. 1,2-Dichloropropane - 0.005 mg/L
11. Ethylbenzene - 0.7 mg/L
12. Monochlorobenzene - 0.1 mg/L
13. o-Dichlorobenzene - 0.6 mg/L
14. Styrene - 0.1 mg/L
15. Tetrachloroethylene - 0.005 mg/L
16. Toluene - 1 mg/L
17. trans-1,2-Dichloroethylene - 0.1 mg/L
18. Xylenes (total) - 10 mg/L
19. Dichloromethane - 0.005 mg/L
20. 1,2,4-Trichlorobenzene - 0.07 mg/L
21. 1,1,2-Trichloroethane - 0.005 mg/L
22. Beginning with the initial compliance period, analysis of the contaminants listed in §§ 1.16.2(B)(1) through (21) of this Part, 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 (1) 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 (or combined surface/ground) shall take a minimum of one (1) 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.
c. If the PWS draws water from more than one (1) source and the sources are combined before distribution, the PWS must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water representative of all sources if being used).
d. Each community and non-transient, non-community PWS shall take four (4) consecutive quarterly samples for each contaminant listed in §§ 1.16.2(B)(2) through (21) of this Part, during each compliance period, beginning in the initial compliance period.
e. If the initial monitoring for contaminants listed in §§ 1.16.2(B)(1) through (8) of this Part and the monitoring for the contaminants listed in §§ 1.16.2(B)(9) through (21) of this Part, as allowed in § 1.16.2(B)(22)(p) of this Part, has been completed by December 31, 1992, and the PWS did not detect any contaminant listed in §§ 1.16.2(B)(1) through (21) of this Part, than each ground and surface water system shall take one (1) sample annually beginning with the initial compliance period.
f. After a minimum of three (3) years of annual sampling, the Director may allow groundwater systems with no previous detection of any contaminant listed in § 1.16.2(B) of this Part, to take one (1) sample during each compliance period.
g. Each community and non-transient groundwater PWS which does not detect a contaminant listed in §§ 1.16.2(B)(1) through (21) of this Part may apply to the Director for a waiver from the requirements of §§ 1.16.2(B)(22)(e) and (f) of this Part, after completing the initial monitoring. (For the purposes of this Section, detection is defined as greater than or equal to 0.0005 mg/L). A waiver shall be effective for no more than six (6) years (two (2) compliance periods). The Director may also issue waivers to small systems for the initial round of monitoring for 1,2,4- trichlorobenzene.
h. The Director may grant a waiver after evaluating the following factor(s):
(1) Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone influence of the PWS. If a determination by the Director reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted.
(2) If previous use of the contaminant is unknown or it has been used previously, then the factors below shall be used to determine whether a waiver is granted.
(AA) Previous analytical results;
(BB) The proximity of the PWS 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;
(CC) The environmental persistence and transport of the contaminants;
(DD) The number of persons served by the PWS and the proximity of a smaller PWS to a larger PWS; and
(EE) How well the water source is protected against contamination, such as whether it is a surface or groundwater system. Groundwater systems must consider factors such as depth of the well, the type of soil and wellhead protection. Surface water systems must consider watershed protection;
i. As a condition of the waiver a groundwater system must take one
(1) sample at each sampling point during the time the waiver is effective (i.e., one (1) sample during two (2) compliance periods or six (6) years) and update its vulnerability assessment considering the factors listed in § 1.16.2(B)(22)(h) of this Part. Based on this vulnerability assessment the Director must reconfirm that the PWS is non-vulnerable. If the Director does not make this reconfirmation within three (3) years of the initial determination, then the waiver is invalidated and the PWS is required to sample annually as specified in § 1.16.2(B)(22)(e) of this Part.
j. Each community and non-transient surface water PWS which does not detect a contaminant listed in §§ 1.16.2(B)(1) through (21) of this Part may apply to the Director for a waiver from the requirements of § 1.16.2(B)(22)(e) of this Part, after completing the initial monitoring. Composite samples from a maximum of five (5) sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. PWSs meeting this criterion must be determined by the Director to be non-vulnerable based on a vulnerability assessment during each compliance period. Each PWS receiving a waiver shall sample at the frequency specified by the Director (if any).
k. If a contaminant listed in §§ 1.16.2(B)(2) through (21) of this Part is detected at a level exceeding 0.0005 mg/L in any sample, then:
(1) The PWS must monitor quarterly at each sampling point which resulted in a detection.
(2) The Director may decrease the quarterly monitoring requirement specified in § 1.16.2(B)(22)(k)((1)) of this Part, provided it has determined that the PWS is reliably and consistently below the maximum contaminant level. In no case shall the Director make this determination unless a groundwater system takes a minimum of two (2) quarterly samples and a surface water system takes a minimum of four (4) quarterly samples.
(3) If the Director determines that the PWS is reliably and consistently below the MCL, the Director may allow the PWS to monitor annually. PWSs which monitor annually must monitor during the quarter(s) which previously yielded the highest analytical result.
(4) PWSs which have three (3) consecutive annual samples with no detection of a contaminant may apply to the Director for a waiver as specified in § 1.16.2(B)(22)(g) of this Part.
(5) Groundwater systems which have detected one (1) or more of the following two carbon organic compounds: trichloroethylene, tetrachloroethylene, 1,2-dichloroethane, 1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, or 1,1- dichloroethylene shall monitor quarterly for vinyl chloride. A vinyl chloride sample shall be taken at each sampling point at which one (1) or more of the two (2) carbon organic compounds was detected. If the results of the first analysis do not detect vinyl chloride, the Director may reduce the quarterly monitoring frequency of vinyl chloride monitoring to one (1) sample during each compliance period. Surface water PWSs are required to monitor for vinyl chloride as specified by the Director.
l. PWSs which violate the requirements of §§ 1.16.2(B)(1) through (21) of this Part, as determined by § 1.16.2(B)(22)(o) of this Part, must monitor quarterly. After a minimum of four (4) consecutive quarterly samples which show the PWS is in compliance as specified in § 1.16.2(B)(22)(o) of this Part, the PWS and the Director determines the PWS and the Director determines that the PWS is reliably and consistently below the maximum contaminant level, the PWS may monitor at the frequency and time specified in § 1.16.2(B)(22)(k)((3)) of this Part.
m. The Director may require a confirmation sample for positive or negative results. If a confirmation sample is required by the Director, the result must be average with the first sampling result and the average is used for the compliance determination as specified by § 1.16.2(B)(22)(o) of this Part. The Director has discretion to delete results of obvious sampling errors from this calculation.
n. The Director may reduce the total number of samples a PWS must analyze by allowing the use of compositing. Composite samples from a maximum of five (5) 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 fourteen (14) days of sample collection.
(1) If the concentration in the composite sample detects one (1) or more contaminants listed in § 1.16.2(B) of this Part, then a follow-up sample must be taken within fourteen (14) days at each sampling point included in the composite, and be analyzed for that contaminant.
(2) If duplicates of the original sample taken from each sampling point used in the composite are available, the PWS may use these duplicates instead of resampling. The duplicate must be analyzed and the results reported to the Director within fourteen (14) days of collection.
(3) If the populations served by the PWS is >3,300 persons, then compositing may only be permitted by the Director at sampling points within a single PWS. In PWSs serving [LESS THAN OR EQUAL TO] 3,300 persons, the Director may permit compositing among different PWSs provided the 5-sample limit is maintained.
o. Compliance with §§ 1.16.2(B)(1) through (21) of this Part, shall be determined based on the analytical results obtained at each sampling point. If one (1) sampling point is in violation of an MCL, the PWS is in violation of the MCL.
(1) For PWSs 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 PWS is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the PWS is out of compliance immediately.
(2) PWSs monitoring annually or less frequently whose sample result exceeds the MCL must begin quarterly sampling. The PWS will not be considered in violation of the MCL until it has completed one (1) year of quarterly sampling.
(3) If any sample result will cause the running annual average to exceed the MCL at any sampling point, the PWS is out of compliance with the MCL immediately.
(4) If a PWS 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.
(6) If a PWS has a distribution system separable from other parts of the distribution system with no interconnections, the Director may allow the PWS to give public notice to only that area served by that portion of the PWS which is out of compliance.
p. Analysis for the contaminants listed in §§ 1.16.2(B)(1) through (21) of this Part, shall be conducted using EPA methods or their equivalent as approved by EPA and as specified in § 1.21 of this Part.
q. The Director may allow the use of monitoring data collected after January 1, 1988, for purposes of initial monitoring compliance. If the data is generally consistent with the other requirements in this Part, the Director may use this data (i.e., a single sample rather than four (4) quarterly samples) to satisfy the initial monitoring requirement of § 1.16.2(B)(4) of this Part. PWSs which use grand fathered samples and did not detect any contaminant listed in §§ 1.16.2(B)(1) through (21) of this Part shall begin monitoring annually in accordance with § 1.16.2(B)(22)(e) of this Part, beginning with the initial compliance period.
r. The Director may increase required monitoring where necessary to detect variations within the PWS.
s. Each PWS shall monitor at the time designated by the Director within each compliance period.
t. All new PWSs or PWSs that use a new source of water that begin operation must demonstrate compliance with the MCL in §§ 1.16(B)(1) through (21) of this Part within a period of time specified by the Director. The PWS must also comply with the initial sampling frequencies specified by the Director to ensure a PWS can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements in this Section beginning January 22, 2004.
u. Bottled water may be used on a temporary basis to avoid an unreasonable risk to health. If bottled water is used, it must be obtained from an approved source. A PWS shall not use bottled water to achieve compliance with a maximum contaminant level listed in § 1.16.2(B) of this Part, unless required by the Director as a condition for granting an exemption and providing there are reasonable assurances that the bottled water will not exceed maximum contaminant levels.
v. Compliance with a maximum contaminant level shall be achieved by installation of central treatment using BAT as stipulated in § 1.16.2(C) of this Part. Point-of-use or point-of-entry devices may be used only as a condition for obtaining a variance from the requirement for adoption of central treatment providing the devices and a monitoring plan for their maintenance are approved by the Director prior to their installation, and that every building connected to the PWS has a device installed, maintained, and adequately monitored by the PWS.
C. Best Available Technologies (BAT) for Organic Contaminants. The following table identifies granular activated carbon (GAC), packed tower aeration (PTA), or oxidation (OX), anion exchange resin (AER), or reverse osmosis (RO) as the best technology, treatment technique, or other means available for achieving compliance with the maximum contaminant level for organic contaminants identified in §§ 1.16.2(A), (B) and (E) of this Part:

BAT FOR ORGANIC CONTAMINANTS LISTED IN § 1.16.2(A), (B), and (E)

CAS No.

CONTAMINANT

GAC

PTA

OX

AER

RO

15972-60-8

Alachlor

X

116-06-3

Aldicarb

X

1646-88-4

Aldicarb sulfone

X

1646-87-3

Aldicarb sulfoxide

X

1912-24-9

Atrazine

X

71-43-2

Benzene

X

X

50-32-8

Benzo[a]pyrene

X

1563-66-2

Carbofuran

X

56-23-5

Carbon tetrachloride

X

X

57-74-9

Chlordane

X

75-99-0

Dalapon

X

94-75-7

2,4-D

X

103-23-1

Di(2-ethylhexyl) adipate

X

X

117-81-7

Di (2-ethylhexyl) phthalate

X

96-12-8

Dibromochloroprop ane (DBCP)

X

X

95-50-1

o-Dichlorobenzene

X

X

106-46-7

para-Dichlorobenzene

X

X

107-06-2

1,2-Dichloroethane

X

X

75-35-4

1,1-

Dichloroethylene

X

X

156-59-2

cis-1,2-Dichloroethylene

X

X

156-60-5

trans-1,2-

Dichloroethylene

X

X

75-09-2

Dichloromethane

X

78-87-5

1,2-

Dichloropropane

X

X

88-85-7

Dinoseb

X

85-00-7

Diquat

X

145-73-3

Endothall

X

72-20-8

Endrin

X

100-41-4

Ethylbenzene

X

X

106-93-4

Ethylene Dibromide (EDB)

X

X

1071-83-6

Gylphosate

X

76-44-8

Heptachlor

X

1024-57-3

Heptachlor epoxide

X

118-74-1

Hexachlorobenzen e

X

77-47-3

Hexachlorocyclope ntadiene

X

X

58-89-9

Lindane

X

72-43-5

Methoxychlor

X

108-90-7

Monochlorobenzen e

X

X

23135-22-0

Oxamyl (Vydate)

X

87-86-5

Pentachlorophenol

X

335-76-2

Perfluorodeconoic Acid (PFDA)

X1

X1

X1

375-85-9

Perfluoroheptanoic Acid (PFHpA)

X1

X1

X1

355-46-4

Perfluorohexane sulfonate (PFHxS)

X1

X1

X1

375-95-1

Perfluorononoic Acid (PFNA)

X1

X1

X1

1763-23-1

Perfluorooctane sulfonate (PFOS)

X1

X1

X1

335-67-1

Perfluorooctanoic Acid (PFOA)

X1

X1

X1

1918-02-1

Picloram

X

1336-36-3

Polychlorinated biphenyls (PCB)

X

122-34-9

Simazine

X

100-42-5

Styrene

X

X

1746-01-6

2,3,7,8-TCDD (Dioxin)

X

127-18-4

Tetrachloroethylen e

X

X

108-88-3

Toluene

X

X

8001-35-2

Toxaphene

X

93-72-1

2,4,5-TP (Silvex)

X

120-82-1

1,2,4- Trichlorobenzene

X

X

71-55-6

1,1,1- Trichloroethane

X

X

79-00-5

1,1,2- Trichloroethane

X

X

79-01-6

Trichloroethylene

X

X

75-01-4

Vinyl chloride

X

1330-20-7

Xylene

X

X

1 Best available technology for per - and - polyfluoroalkyl substances are granular activated carbon, anion exchange resin, reverse osmosis or an equally efficient technology approved by the Director.

D. Treatment Techniques for Acrylamide and Epichlorohydrin. Each PWS must certify annually in writing to the Director (using third party or manufacturer's certification) that when acrylamide and epichlorohydrin are used in drinking water systems, the combination (or product) of dose and monomer level does not exceed the levels specified as follows:
1. Acrylamide = 0.05% dosed at 1 ppm (or equivalent)
2. Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent)
3. Certifications can rely on manufacturers or third parties, as approved by the Director.
E. Maximum Contaminant Levels for Total Per- and Polyfluoroalkyl Substances (PFAS)

Contaminant

Total PFAS MCL (mg/L)

Perfluorodeconoic Acid (PFDA)

0.000020

Perfluoroheptanoic Acid (PFHpA)

Perfluorohexane sulfonate (PFHxS)

Perfluorononoic Acid (PFNA)

Perfluorooctane sulfonate (PFOS)

Perfluorooctanoic Acid (PFOA)

1. The MCL for Total PFAS shall be 0.000020 mg/L (ppm), or 20 ng/L (ppt). Total PFAS shall mean the sum of the six (6) PFAS listed in § 1.16.2(E) of this Part. The sum shall be calculated as follows:
a. PFDA+PFHpA+PFHxS+PFNA+PFOS+PFOA
b. If a sample result for any of the six (6) PFAS is less than the regulatory detection limit as defined by § 1.16.2(E)(18) of this Part, zero (0) will be used for that PFAS to calculate the sum.
2. Unless otherwise directed by the Director prior to the effective date of § 1.16.2(E) of this Part in a consent agreement executed pursuant to R.I. Gen. Laws § 46-32-2(d), analysis of the contaminants listed in § 1.16.2(E) of this Part for the purposes of determining compliance with the MCL shall be conducted in accordance with §§ 1.16.2(E)(3) - (8), (10), (11), and (13) - (19) of this Part.
3. PWSs shall take a minimum of one (1) sample at each drinking water source prior to treatment or storage. Any sampling location selected and/or approved by the Director in accordance with §§ 1.16.2(E)(3) - (5) of this Part is hereafter in § 1.16.2(E) of this Part 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.
4. If a PWS prefers to sample at each entry point to the distribution system the PWS must request approval from the Director. Such request must include justification for how a sample collected at the entry point will be representative of water available for consumption at all times.
5. If a PWS has treatment installed that may remove PFAS, the Director may require the PWS to conduct sampling both at a location before and after treatment.
6. Monitoring Frequency
a. Initial Monitoring Requirement: Each PWS shall take one sample at each sampling point per quarter for four (4) quarters for the group of contaminants listed in § 1.16.2(E) of this Part. The quarterly samples must be taken in consecutive quarters, except as specified in § 1.16.2(E)(6)(b)(4) of this Part.
b. Commencement of Initial Monitoring: PWSs with one (1) or more samples taken at each sampling point as part of R.I. Gen. Laws § 46-32-2 or previously submitted to the Department with a laboratory minimum reporting limit of no greater than 0.000002 mg/L (2 ng/L) shall conduct initial sampling as described in §§ 1.16.2(E)(6)(b)(1) - (3) of this Part. The Director may allow the grandfathering of previously-submitted monitoring data as described in § 1.16.2(E)(6)(b)(4) of this Part.
(1) PWSs with one (1) or more detections greater than fifty percent (50%) of the MCL shall begin sampling in the first (1st) quarter of 2025.
(2) PWSs with detections less than or equal to fifty percent (50%) of the MCL shall begin sampling in the third (3rd) quarter of 2025.
(3) PWSs with no detections shall begin sampling in the first (1st) quarter of 2026.
(4) Grandfathering of Data: The Director may allow previous monitoring data collected at a sampling point to satisfy the initial monitoring requirements for the quarters within which the previous monitoring data were sampled.
c. PWSs which detect any of the six (6) PFAS listed in § 1.16.2(E) of this Part, as defined by § 1.16.2(E)(18) of this Part, during the initial monitoring described in §§ 1.16.2(E)(6)(a) and (b) of this Part shall conduct routine monitoring in accordance with § 1.16.2(E)(7) of this Part.
d. PWSs serving more than three thousand three hundred (3,300) persons, for each sampling point which does not detect PFAS as defined by § 1.16.2(E)(18) of this Part during the initial monitoring described in §§ 1.16.2(E)(6)(a) and (b) of this Part, may reduce the sampling frequency to a minimum of two (2) samples at that sampling point per quarter for two (2) quarters in one (1) year during each repeat compliance period.
e. PWSs serving less than or equal to three thousand three hundred (3,300) persons, for each sampling point which does not detect PFAS as defined by § 1.16.2(E)(18) of this Part during the initial monitoring described in §§ 1.16.2(E)(6)(a) and (b) of this Part, may reduce the sampling frequency to a minimum of one (1) sample at that sampling point during each repeat compliance period.
7. If any of the six (6) PFAS listed in § 1.16.2(E) of this Part is detected (as defined by § 1.16.2(E)(18) of this Part) in any sample, then:
a. Each PWS must monitor quarterly at each sampling point which resulted in a detection.
b. If monitoring results in a detection above the MCL, the PWS may request, or the Director may require the PWS, to monitor monthly to determine compliance as specified in § 1.16.2(E)(10).
c. The Director may decrease the quarterly monitoring requirement specified in § 1.16.2(E)(7)(a) of this Part, provided it has determined that the PWS is reliably and consistently below the MCL. In no case shall the Director make this determination unless the PWS takes a minimum of four (4) quarterly samples as provided in §§ 1.16.2(E)(6)(a) and (b) of this Part.
d. After the Director determines the PWS is reliably and consistently below the MCL the Director may allow the PWS to monitor annually. PWSs which monitor annually must monitor during the quarter that previously yielded the highest analytical result.
e. The Director may allow PWSs which have three (3) consecutive annual samples with no detection to monitor triennially in accordance with §§ 1.16.2(E)(6)(d) and (e).
8. If monitoring results in a detection above the MCL the PWS must report the results to the Director within forty-eight (48) hours. The Director may require a confirmation sample for positive or negative results. If a confirmation sample is required by the Director, the confirmation sample must be collected and submitted to a certified laboratory within three (3) business days of being notified of the requirement by the Director; the confirmation result must be averaged with the first (1st) sampling result and the average used for the increased monitoring and compliance determinations as specified by § 1.16.2(E)(10) of this Part. The Director may extend the three (3) business day period on a case-by-case basis if the PWS has a logistical problem in collecting the confirmation sample within three (3) business days that is beyond its control. In the case of an extension, the Director will specify how much time the PWS has to collect the confirmation sample. The Director has discretion to delete results of obvious sampling errors from this calculation.
9. Unless otherwise directed by the Director prior to the effective date of § 1.16.2(E) of this Part in a consent agreement executed pursuant to R.I. Gen. Laws § 46-32-2(d), a PWS that violates the requirements of § 1.16.2(E) of this Part as determined by § 1.16.2(E)(10) of this Part is subject to the following:
a. The PWS shall implement a corrective action plan, as required and approved by the Director, and monitor quarterly.
b. The PWS shall be issued a violation that will remain in place until the Director determines that the PWS is in compliance after implementing the corrective action plan, as approved, and a quarterly sample is less than the MCL.
c. PWSs which are determined by the Director to be in compliance and are reliably and consistently below the MCL after a minimum of one sample per quarter for four (4) consecutive quarters may monitor at the frequency specified in § 1.16.2(E)(7)(d) of this Part.
10. Compliance with § 1.16.2(E) of this Part shall be determined based on the analytical results obtained at each sampling point. If one (1) sampling point is in violation of an MCL, the PWS is in violation of the MCL. A PWS in violation of § 1.16.2(E) of this Part as determined by § 1.16.2(E)(10) of this Part must follow the return-to-compliance provisions of § 1.16.2(E)(9) of this Part.
a. For PWSs which are conducting monthly monitoring as specified in § 1.16.2(E)(7)(b), compliance is determined by a running quarterly average of all samples taken at each sampling point in the prior three (3) consecutive months. If the running quarterly average of any sampling point is greater than the MCL, then the PWS is out of compliance. If the initial sample or a subsequent sample at any sampling point would cause the quarterly average to exceed the MCL, then the PWS is out of compliance immediately.
b. PWSs monitoring annually or less frequently whose sample result exceeds the regulatory detection limit as defined by § 1.16.2(E)(18) of this Part must begin quarterly sampling. The PWS will not be considered in violation of the MCL until it has a sample result which exceeds the MCL and the average of such result and an associated confirmation sample exceeds the MCL; except, if the PWS requests or the Director requires the PWS to monitor in accordance with § 1.16.2(E)(7)(b) of this Part, the PWS will not be considered in violation of the MCL unless its monthly monitoring results in a running quarterly average above the MCL. PWS which exceed the MCL with an initial confirmation sample are not required to collect additional confirmation samples after subsequent MCL exceedances during quarterly or monthly monitoring, unless otherwise directed by the Director.
c. If a PWS which is conducting monthly monitoring as specified in § 1.16.2(E)(7)(b) fails to collect the required number of samples, compliance will be based on the total number of samples collected.
d. If a PWS has a distribution system separable from other parts of the distribution system with no interconnections, the Director may allow the PWS to give public notice to only that area served by that portion of the PWS which is out of compliance as provided in § 1.16.6(A)(3)(b) of this Part.
11. PWSs which are conducting monitoring as specified in § 1.16.2(E)(7)(b) whose running quarterly average does not exceed the MCL shall monitor quarterly. If the PWS is reliably and consistently below the MCL after a minimum of four (4) consecutive quarters the Director may allow the PWS to monitor at the frequency specified in § 1.16.2(E)(7)(d) of this Part.
12. PWSs which are conducting monthly monitoring as specified in § 1.16.2(E)(7)(b) after sampling results in a detection (as defined by § 1.16.2(E)(18) of this Part), and the average of such detection and an associated confirmation sample exceeds the MCL, shall provide interim consumer notice of the exceedance in accordance with §§ 1.16.6(C)(2), and (3), 1.16.2(E)(10)(d), and 1.16.2(E)(13) of this Part as soon as practical and no later than thirty (30) days after receipt of the confirmation sample results from the laboratory. The PWS shall then continue to monitor monthly as specified in § 1.16.2(E)(7)(b) to determine compliance with the MCL.
a. The PWS which have a detection that exceeds the MCL shall collect a confirmation sample in accordance with § 1.16.2(E)(8) of this Part. PWS which exceed the MCL with an initial confirmation sample are not required to collect additional confirmation samples after subsequent MCL exceedances during monthly monitoring, unless otherwise directed by the Director.
b. If the confirmation sample falls in the second (2nd) month and the average of the confirmation sample and the initial sample exceeds the MCL, the average of the confirmation and initial samples will count as the first month's sample and the confirmation sample will count as the second month's sample of the monitoring as specified in § 1.16.2(E)(7)(b).
13. Interim consumer notice as required by § 1.16.2(E)(12) of this Part shall contain the following content:
a. The Total PFAS results for the initial and confirmation samples, the average of the initial and confirmation samples, and the dates the initial and confirmation samples were taken.
b. The Total PFAS MCL and the definition of MCL as provided in § 1.2(A) of this Part.
c. The health effects information included in § 1.16.8(E)(54) of this Part.
d. A Department approved explanation of the steps consumers can take to reduce exposure to PFAS in drinking water and the steps consumers will be advised to take if additional sampling results in a MCL violation.
e. An explanation of additional sampling that will be conducted to determine whether the PWS is out of compliance with the MCL.
f. When the PWS expects to determine whether the PWS is out of compliance with the MCL.
g. How and when consumers can expect to receive an update about the situation, either with a public notice of an MCL violation (as specified in § 1.16.6 of this Part), a notice that the situation has been resolved, or a notice that additional sampling did not result in a MCL violation.
h. The name, business address and phone number of the PWS owner, operator, or designee of the PWS as a source of additional information concerning the notice.
i. A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under § 1.16.6(E)(4)(c) of this Part, where applicable.
14. Analysis for the contaminants listed in § 1.16.2(E) of this Part shall be conducted using the EPA methods or their equivalent as approved by EPA and as described in § 1.21 of this Part.
15. The Director may increase the required monitoring frequency, where necessary, to detect variations within the PWS (e.g., fluctuations in concentration due to seasonal use, changes in water source).
16. The Director has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by his sanctioned representatives and agencies.
17. Each PWS shall monitor at the time designated by the Director within each compliance period.
18. Detection as used in § 1.16.2(E)(18) of this Part shall be defined as greater than or equal to the following concentration of any of the six (6) PFAS listed in § 1.16.2(E) of this Part.

Contaminant

PFAS Detection limit (mg/L)

Perfluorodeconoic Acid (PFDA)

0.0000020

Perfluoroheptanoic Acid (PFHpA)

0.0000020

Perfluorohexane sulfonate (PFHxS)

0.0000020

Perfluorononanoic Acid (PFNA)

0.0000020

Perfluorooctane sulfonate (PFOS)

0.0000020

Perfluorooctanoic Acid (PFOA)

0.0000020

19. All new PWS or PWS that use a new source of water that begin operation after the effective date of § 1.16.2(E) of this Part must comply with the provisions of § 1.16.2(E) of this Part, except for the initial monitoring requirements in § 1.16.2(E)(6)(b). All new PWS or PWS that use a new source of water that begin operation after the effective date of § 1.16.2(E) of this Part must demonstrate compliance with the MCL in § 1.16.2(E) of this Part within a period of time specified by the Director.
1.16.3Turbidity
A. Applicability
1. The maximum contaminant level for turbidity applies only to surface water sources. The turbidity of the water shall be determined and recorded daily by the water purveyor and measured at a representative entry point into the distribution system.
B. Maximum Contaminant Level for Turbidity. The maximum contaminant level for turbidity shall not exceed a monthly average of 1 turbidity unit (TU). A turbidity monthly average of two (2) turbidity units may be acceptable provided it is demonstrated the higher turbidities did not interfere with disinfection, and a residual disinfection was maintained throughout the distribution system and did not interfere with microbiological determinations. An average of five (5) turbidity units shall not be exceeded for any two (2) consecutive days.
C. Analytical Techniques. Turbidity measurements shall be made in accordance with § 1.21 of this Part.
D. A PWS that uses surface water or groundwater under the direct influence of surface water, as defined in § 1.2 of this Part, and does not practice filtration in compliance with § 1.6.4 of this Part, must collect at least one (1) sample near the first service connection each day the turbidity level of the source water measured as specified in § 1.6 of this Part, exceeds 1 NTU. This sample must be analyzed for the presence of total coliforms. When one (1) or more turbidity measurements in any day exceed 1 NTU, the PWS must collect this coliform sample within twenty-four (24) hours of the first exceedance, unless the Director determines that the PWS, for logistical reasons outside of the PWS's control cannot have the sample analyzed within thirty (30) hours of collection. Sample results from this coliform monitoring must be included in determining compliance with the MCL for total coliforms in § 1.16.4 of this Part.
1.16.4Microbiological
A. Revised Total Coliform Rule (RTCR)
1. The provisions of § 1.16.4 of this Part are applicable, with PWS required to begin regular monitoring at the same frequency as the PWS-specific frequency required.
2. Community PWS must continue to monitor according to the total coliform monitoring schedules that were in effect on March 31, 2016, unless any of the conditions for increased monitoring in §§ 1.16.4(A)(12)(a) through (b) and 1.16.4(A)(14)(b) of this Part are triggered, or unless otherwise directed by the Director.
a. Community PWS serving 1,000 or fewer people using only groundwater.
(1) The Director must perform a special monitoring evaluation during each sanitary survey to review the status of the PWS, including the distribution system, to determine whether the PWS is on an appropriate monitoring schedule.
(2) After the Director has performed the special monitoring during each sanitary survey, the Director may modify the PWS's monitoring schedule, as necessary, it may allow the PWS to stay on its existing monitoring schedule, consistent with the provisions of this Section.
(3) The Director may not allow PWS to begin less monitoring under this special monitoring evaluation unless the PWS has already met the applicable criteria for less frequent monitoring in this Section.
3. General
a. The provisions of § 1.16.4 of this Part include both maximum contaminant level and treatment technique requirements.
b. Applicability. The provisions of § 1.16.4 of this Part apply to all PWS.
c. Compliance date. PWS must comply with the provisions of §§ 1.16.4(A)(1) through 1.16.4(A)(16) of this Part beginning April 1, 2016, unless otherwise specified in § 1.16.4 of this Part.
d. Violations of National Primary Drinking Water Regulations. Failure to comply with the applicable requirements of §§ 1.16.4(A)(1) through 1.16.4(A)(16) of this Part is a violation of the National Primary Drinking Water Regulations under subpart Y.
4. Routine Monitoring. The purpose of coliform and E. coli monitoring is to determine if the protective barriers that keep coliform bacteria out of the PWS have been breached or compromised.
a. Sample Siting Plans
(1) PWS must develop a written sample siting plan that identifies sampling sites and a sample collection schedule that are representative of water throughout the distribution system.
(2) These plans are subject to the Director's review and revision.
(3) PWS must collect total coliform samples according to the written sample siting plan.
(4) Monitoring required per this Part may take place at a customer's premise, dedicated sampling station, or other designated compliance sampling location.
(5) Routine and repeat sample sites and any sampling points necessary to meet the requirements of this Part must be reflected in the sampling plan.
(6) The plan must include all primary sampling locations and repeat sampling locations within 5 service connections upstream of each identified primary site and within 5 service connections downstream of each identified primary site.
(AA) The PWS may propose alternative repeat monitoring locations that are expected to better represent pathways of contamination into the distribution system; however, this proposal must be submitted for inclusion in the PWS's sample plan prior to any routine total coliform-positive (TC+) results.
(7) The plan must identify each source the PWS has and indicate that the PWS has the ability to get representative samples of raw water from each source.
(8) The plan must include a distribution map/floor plan/or schematic of the PWS identifying the primary sampling sites, repeat sampling sites, and source locations.
(9) The sample collection schedule / sampling frequency for each identified primary location must be identified on the plan.
b. The monitoring frequency for total coliforms for PWS is based on population served by the PWS as follows:

Total Coliform Monitoring Frequency for PWS

Population Served

Minimum Number of Samples per Month

25 to 1,000 (Includes PWS which have at least 15 service connections, but serve fewer than 25 persons)

1 (Some GW PWS may be allowed to sample quarterly based on TCR/RTCR transition and/or § 1.16.4(A)(11) of this Part)

1,001 to 2,500

2

2,501 to 3,300

3

3,301 to 4,100

4

4,101 to 4,900

5

4,901 to 5,800

6

5,801 to 6,700

7

6,701 to 7,600

8

7,601 to 8,500

9

8,501 to 12,900

10

12,901 to 17,200

15

17,201 to 21,500

20

21,501 to 25,000

25

25,001 to 33,000

30

33,001 to 41,000

40

41,001 to 50,000

50

50,001 to 59,000

60

59,001 to 70,000

70

70,001 to 83,000

80

83,001 to 96,000

90

96,001 to 130,000

100

130,001 to 220,000

120

220,001 to 320,000

150

320,001 to 450,000

180

450,001 to 600,000

210

600,001 to 780,000

240

780,001 to 970,000

270

970,001 to 1,230,000

300

1,230,001 to 1,520,000

330

1,520,001 to 1,850,000

360

1,850,001 to 2,270,000

390

2,270,001 to 3,020,000

420

3,020,001 to 3,960,000

450

3,960,001 or more

480

c. Samples must be collected at regular time intervals throughout the month, EXCEPT a PWS which uses groundwater not under the influence of surface water as determined by the Director, and serves 4,900 persons or less, may collect all required samples on a single day, if they are taken from different sites.
d. A PWS that uses surface water or groundwater under the direct influence of surface water, as determined by the Director, and does not practice filtration in compliance with § 1.6 of this Part must:
(1) Collect at least one (1) sample near the first service connection each day the turbidity level exceeds 1 NTU. This sample must be analyzed for the presence of total coliforms.
(2) When one (1) or more turbidity measurements exceed 1 NTU, the PWS must collect the coliform sample within twenty-four (24) hours of the first exceedance unless the Director determines that the PWS for logistical reasons outside the PWS's control cannot have the sample analyzed within 30 hours of collection and identifies an alternative sample collection schedule. Sample results must be included in determining compliance for "triggered" assessments or for determining compliance with the MCL for E. coli, as indicated in § 1.16.4(A)(6) of this Part.
5. Analytical Methodology. Coliform organism examinations shall be made in accordance with § 1.21 of this Part.
a. The standard sample volume required for total coliform analysis, regardless of analytical method used, is 100 ml.
b. A PWS need only determine the presence or absence of total coliforms; a determination of total coliform density is not required.
c. If any routine or repeat sample is total coliform positive, the PWS must analyze the culture medium to determine if E. coli is present.
d. The Director has the discretion to allow a PWS on a case-by-case basis, to forgo E. coli testing on a total coliform-positive (TC+) sample if that PWS assumes that the total coliform-positive (TC+) sample is E. coli - positive. Accordingly, the PWS must notify the Director as specified in § 1.16.4(A)(9) of this Part. § 1.16.4(A)(6)(h) of this Part and the provisions of § 1.16.4(A)(6)(i) of this Part apply.
6. Maximum Contaminant Level Goals (MCLGs) and Maximum Contaminant Levels (MCLs) and Treatment Technique (TT) Triggers for Microbiological Contaminants
a. MCLGs for the following contaminants are as indicated in the following table:

Contaminant

MCLG

Giardia lamblia

Zero

Viruses

Zero

Legionella

Zero

Total coliforms (including fecal coliforms and Escherichia coli)

Zero

Cryptosporidium

Zero

Escherichia coli (E. coli)

Zero

b. The MCLG identified in this Part is applicable.
c. A coliform treatment technique (TT) trigger is based on total coliform and/or E. coli monitoring results. The following constitutes a (TT) trigger.
(1) If a PWS collecting fewer than 40 samples per month has two (2) or more total coliform-positive (TC+) routine/repeat samples in the same month, the PWS is triggered to perform a Level 1 Assessment.
(2) If a PWS on reduced monitoring (quarterly sampling) has two (2) or more total coliform-positive (TC+) routine/repeat samples in that quarterly monitoring period, the PWS is triggered to perform a Level 1 Assessment.
(3) If a PWS collecting at least 40 samples per month has greater than 5.0 percent of the routine/repeat samples in the same month that are total coliform positive, the PWS is triggered to perform a Level 1 Assessment.
(4) If a PWS fails to collect every required repeat sample after any single total coliform-positive sample, the PWS is triggered to perform a Level 1 Assessment.
(5) If a PWS incurs an E. coli MCL violation, the PWS must have a Level 2 Assessment performed.
(6) If a PWS has a second Level 1 Assessment triggered within a rolling 12-month period, the PWS must have a Level 2 Assessment performed, unless the Director has determined the likely reason that the samples that caused the first Level 1 treatment technique trigger were total coliform-positive and has established that the PWS has corrected the problem.
d. The E. coli MCL is based on the presence or absence of E. coli rather than density and a coliform treatment technique (TT) is based on the presence or absence of total coliform and/or E. coli rather than density.
e. A PWS must determine compliance with the MCL for E. coli for each calendar month in which it is required to monitor for total coliforms (or each quarter that the sampling occurs for PWSs on reduced monitoring)
f. A PWS must take at least the minimum number of required samples even if the PWS has had an E. coli MCL violation or has exceeded the coliform treatment technique triggers.
(1) A PWS may conduct more compliance monitoring than is required to investigate potential problems in the distribution system and use monitoring as a tool to assist in uncovering problems.
(2) A PWS may take more than the minimum number of required routine samples and must include the results in calculating whether the coliform treatment technique trigger has been exceeded only if the samples are representative of water throughout the distribution system.
g. Special purpose samples such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, must not be used to determine whether the coliform treatment technique trigger has been exceeded and shall not be used to determine the E. coli MCL or TT for total coliforms.
(1) Repeat samples taken pursuant to § 1.16.4(A)(8) of this Part are not considered special purpose samples, and must be used to determine whether the coliform treatment technique trigger has been exceeded.
h. The following constitutes a violation of the E. coli MCL:
(1) If any repeat sample is E. coli positive.
(2) If any repeat sample is total coliform-positive (TC+) following an E. coli positive routine sample.
(3) If a complete set of repeat samples are not taken following an E. coli positive routine sample.
(4) If a repeat sample is total coliform-positive (TC+) and no E. coli analysis was performed on that repeat sample.
(5) For purposes of public notification requirements discussed in § 1.16.6 of this Part, this is a violation that may pose an acute health risk.
i. The Director must be notified of any routine or repeat E. coli positive sample, any E. coli MCL and/or of any Treatment Technique trigger, by the end of the day on which the PWS learns of the MCL or TT trigger. Notification to the Director can be extended to the end of the next business day if State offices are closed.
j. The following constitute the best technology treatment techniques, or other means available for achieving compliance with the E. coli MCL and TT requirements.
(1) Protection of wells from contamination by coliforms by appropriate placement and construction;
(2) Maintenance of a disinfectant residual throughout the distribution system;
(3) Proper maintenance of the distribution system including appropriate pipe replacement and repair procedures, main flushing programs, proper operation and maintenance of storage tanks and reservoirs, cross-connection control, and continued maintenance of positive water pressure in all parts of the distribution system with a minimum pressure of 20 psi at all service connections;
(4) Filtration and/or disinfection of surface water or groundwater under the direct influence of surface water, or disinfection of groundwater using strong oxidants such as chlorine, chlorine dioxide, or ozone as described in §§ 1.6 and 1.13 of this Part; and
(5) The development and implementation of a R.I. Department of Environmental Management-approved wellhead protection program, or watershed protection plan.
(6) The Director hereby identifies the technology, treatment techniques, or other means available identified in §§ 1.16.4(A)(6)(j)(1) through (5) of this Part as affordable technology, treatment techniques, or other means available to PWSs serving 10,000 or fewer people for achieving compliance with the maximum contaminant level for total coliforms in § 1.16.4(A)(6)(c) of this Part.
7. Assessments and Corrective Action
a. PWS must ensure that Level 1 or Level 2 Assessments are conducted in order to find sanitary defects at the PWS that could provide a pathway of entry for microbial contamination into the PWS or to find sanitary defects that indicate failure (existing or potential) of protective barriers against microbial contamination.
b. When conducting assessments, PWS must ensure that the assessor evaluates minimum elements that include review and identification of inadequacies in sample sites; sampling protocol; sample processing; atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., small groundwater systems); and existing water quality monitoring data.
c. The PWS must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the PWS and the size, type, and characteristics of the distribution system.
(1) A Level 1 assessment must be performed by the PWS owner or operator each time a Level 1 assessment is triggered as described in § 1.16.4(A)(6)(c) of this Part.
d. Level 1 Assessments
(1) The PWS must complete a Level 1 assessment as soon as practical after any trigger as described in § 1.16.4(A)(6)(c) of this Part.
(2) In the completed assessment form, the PWS must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed.
(3) The assessment form may also note that no sanitary defects were identified.
(4) The PWS must submit the completed Level 1 assessment form to the Director within 10 days after the PWS learns that it has exceeded a trigger.
(5) When sanitary defects are identified during the assessment the PWS must complete corrective actions by one of the following timeframes:
(AA) No later than the time the assessment form is submitted to the Director.
(BB) Within the Director's approved timeframes originally proposed on the assessment form.
(CC) Timeframes determined by the Director and communicated to the PWS upon review of the assessment form and consultation with the PWS.
(i) The Director determines if the assessment is sufficient, including any proposed timetable for corrective action(s) not already completed, whether or not a sanitary defect is found.
(ii) If the Director determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the Director must consult with the PWS.
(iii) If the Director requires revisions after consultation, the PWS must submit a revised assessment form to the Director on an agreed upon schedule not to exceed thirty (30) days from the date of consultation.
(6) The PWS must correct all sanitary defects found in the assessment and/or clarify any issues found by the Director.
(7) The PWS must notify the Director each time a sanitary defect has been corrected.
(8) A PWS may request the Director to extend the assessments submittal date and/or the expected date of corrective action for noted sanitary defects on a case-by-case basis if the PWS has a logistical problem in performing the assessment and any related corrective actions as long as the request is presented in writing to the Director prior to the original expected date and provided that the Director accepts the reasoning for such an extension. In no case may the assessment submittal date be more than thirty (30) days after the TT trigger.
(9) Failure to submit an assessment within the appropriate time frame or failure to correct a sanitary defect within the approved time frame will result in a Treatment Technique Violation.
(10) Consultation
(AA) At any time during the assessment or corrective action phase, either the PWS or the Director may request a consultation with the other party to determine the appropriate actions to be taken.
(BB) The PWS may consult with the Director on all relevant information that may impact on its ability to comply with a requirement of this subpart, including the method of accomplishment, an appropriate timeframe, and other relevant information.
e. Level 2 Assessments
(1) A PWS must ensure that a Level 2 assessment consistent with the Director's requirements is conducted if the PWS exceeds one of the treatment technique triggers in § 1.16.4(A)(6)(c) of this Part.
(2) The PWS must comply with any expedited actions or additional actions required by the Director in the case of an E. coli MCL violation.
(3) A Level 2 assessment must be performed by an authorized employee of the State or a State-approved entity (which could include a qualified PWS employee(s) unless otherwise directed by the State) each time the PWS has an E. coli MCL violation or when the PWS has a second Level 1 trigger within a rolling 12-month period.
(4) The assessment form must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified.
(5) The PWS is responsible for ensuring that the Level 2 assessment is conducted regardless of the entity conducting the Level 2 Assessment.
(6) The Level 2 assessment must be performed as soon as practical; however, the completed Level 2 assessment form must be submitted to the Director within thirty (30) days of the trigger for the Level 2 assessment.
(7) When sanitary defects are identified during the assessment, the PWS must complete corrective actions by one of the following timeframes:
(AA) No later than the time the assessment form is submitted to the State.
(BB) Within State-approved timeframes originally proposed on the assessment form.
(CC) Timeframes determined by the Director and communicated to the PWS upon review of the assessment form and consultation with the PWS. The Director determines if the assessment is sufficient including any proposed timetable for corrective actions not already completed, whether or not a sanitary defect is found.
(8) The PWS must correct all sanitary defects found in the assessment and/or clarify any issues found by the Director.
(9) The PWS must notify the Director each time a sanitary defect has been corrected.
(10) A PWS may request the Director to extend the assessments submittal date and/or the expected date of corrective action for noted sanitary defects on a case-by-case basis if the PWS has a logistical problem in performing the assessment and any related corrective actions as long as the request is presented in writing to the Director prior to the original expected date and provided that the Director accepts the reasoning for such an extension. In no case may any extension requests be submitted more than 30 days after the TT trigger.
(11) Failure to submit an assessment within the appropriate time frame or failure to correct a sanitary defect within the approved time frame will result in a Treatment Technique Violation.
(12) Consultation
(AA) At any time during the assessment or corrective action phase, either the PWS or the Director may request a consultation with the other party to determine the appropriate actions to be taken.
(BB) The PWS may consult with the Director on all relevant information that may impact on its ability to comply with a requirement of this subpart, including the method of accomplishment, an appropriate timeframe, and other relevant information.
8. Repeat Monitoring
a. If a routine sample is total coliform-positive (TC+), the PWS must collect a set of repeat samples for each total coliform positive within twenty-four (24) hours of being notified of the positive result as follows:
(1) The PWS must take three (3) repeat samples at locations specified in the sample siting plan on the same day. Total volume collected must be at least three hundred (300) ml.
(2) A consecutive groundwater (GW) PWS that has a total coliform-positive sample must in addition to collecting its required repeat samples, notify its wholesale PWS(s) within 24 hours.
(3) The wholesale (GW) PWS(s) must conduct triggered source water monitoring under the groundwater rule.
b. If the source water sample is fecal indicator (+), the wholesale PWS must notify the consecutive PWS within twenty-four (24) hours and conduct additional monitoring.
c. The Director may extend the twenty-four (24) hour limit on a case-by-case basis if the PWS has a logistical problem in collecting the repeat samples within twenty-four (24) hours that is beyond its control. In the case of an extension, the Director will specify how much time the PWS has to collect the repeat samples.
d. At least one (1) repeat sample must be collected from the sampling tap where the original positive sample was taken; at least one (1) repeat sample within five (5) service connections upstream of the original site; and one (1) repeat sample within five (5) service connections downstream of the original site.
e. The PWS may propose alternative repeat monitoring locations that are expected to better represent pathways of contamination into the distribution system; however, this proposal must be submitted for inclusion in the PWS's sample plan prior to any routine total coliform-positive results.
(1) A PWS may elect to specify either alternative fixed locations or criteria for selecting repeat sampling sites on a situational basis in a standard operating procedure (SOP) in its sample siting plan.
(2) The PWS must design its SOP to focus the repeat samples at locations that best verify and determine the extent of potential contamination of the distribution system area based on specific situations.
(3) The Director may modify the SOP or require alternative monitoring locations as needed.
f. Groundwater PWS serving 1,000 or fewer people may propose repeat sampling locations to the State that differentiate potential source water and distribution system contamination (e.g., by sampling at entry points to the distribution system). A groundwater system with a single well required to conduct triggered source water monitoring may, with written State approval, take one of its repeat samples at the monitoring location required for triggered source water monitoring under § 1.13.3 of this Part if the PWS demonstrates to the Director's satisfaction that the sample siting plan remains representative of water quality in the distribution system. If approved by the Director, the PWS may use that sample result to meet the monitoring requirements in § 1.13.3 of this Part.
g. PWS must identify repeat monitoring locations in the sample siting plan.
(1) Unless the provisions of §§ 1.16.4(A)(8)(e)((1)) or ((2)) of this Part are met, the PWS must collect at least one repeat sample from the sampling tap where the original total coliform-positive sample was taken, and at least one repeat sample at a tap within five service connections upstream and at least one repeat sample at a tap within five service connections downstream of the original sampling site.
(2) If a total coliform-positive sample is at the end of the distribution system, or one service connection away from the end of the distribution system, the PWS must still take all required repeat samples. However, the State may allow an alternative sampling location in lieu of the requirement to collect at least one repeat sample upstream or downstream of the original sampling site.
(3) Except as provided for in § 1.16.4(A)(8)(f) of this Part, PWS required to conduct triggered source water monitoring under § 1.13.3 of this Part must take groundwater source sample(s) in addition to repeat samples required under this subpart.
h. The Director may review, revise, and approve, as appropriate, repeat sampling proposed by PWS under §§ 1.16.4(A)(8)(e)((1)) and ((2)) of this Part.
(1) The PWS must demonstrate that the sample siting plan remains representative of the water quality in the distribution system.
(2) The State may determine that monitoring at the entry point to the distribution system (especially for undisinfected groundwater systems) is effective to differentiate between potential source water and distribution system problems.
i. Single service connection PWS must take at least one (1) repeat sample from the sampling tap where the original positive sample was taken; one (1) repeat sample from a tap upstream from the original site in the building; and one (1) repeat sample from a tap downstream from the original site in the building. These locations must be identified on the PWS's approved sample site plan.
j. For every routine total coliform-positive sample taken from a PWS served by groundwater (GW), the PWS must take a raw water source sample from each source that was in operation the day that the routine original total coliform-positive sample was taken. The groundwater source samples must be taken within twenty-four (24) hours of being notified of the routine original total coliform-positive result.
k. All repeat samples and if applicable, groundwater rule samples, must be collected on the same day.
l. If one (1) or more repeat sample in the set is total coliform-positive, the PWS must collect an additional set of repeat samples as described in this Section.
(1) The PWS must repeat this process until either total coliforms are not detected in one (1) complete set of repeat samples, or the PWS determines that the Treatment Technique (TT) requirements are triggered and notifies the Director.
m. Results of all routine and repeat samples not invalidated by the Director must be included in determining compliance with the E. coli MCL and TT triggers.
n. PWS on quarterly monitoring schedules must take a minimum of three (3) additional routine samples the month following a total coliform-positive (TC+) routine or repeat sample.
(1) PWS may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites.
(2) PWS must use the results of additional routine samples in coliform treatment technique trigger calculations.
(3) Even if the State determines that the PWS has corrected the contamination problem before repeat samples are taken, the State may not waive the requirement to collect three additional routine samples the next month in which the PWS provides water to the public solely on the grounds that all repeat samples are total coliform-negative.
o. PWS on monthly monitoring schedules sample according to their normal monthly schedule the month following a total coliform- positive (TC+) routine or repeat sample.
p. If a PWS fails to take every required repeat sample after any single total coliform-positive, the PWS is triggered to perform a Level 1 assessment.
q. After a PWS collects a routine sample and before it learns the results of the analysis of that sample, if it collects another routine sample(s) from within five adjacent service connections of the initial sample, and the initial sample, after analysis, is found to contain total coliforms, then the PWS may count the subsequent sample(s) as a repeat sample instead of as a routine sample.
9. E. coli Testing
a. If any routine or repeat sample is total coliform positive, the PWS must analyze the culture for E. coli.
b. If E. coli is present, the PWS must notify the Director by the end of the day when the PWS is notified of the test result, unless the PWS is notified of the result after the State office is closed and the State does not have either an after-hours phone line or an alternative notification procedure, in which case the PWS must notify the State before the end of the next business day.
10. Invalidation of Samples
a. A total coliform sample invalidated under § 1.16.4(A)(10) of this Part does not count towards meeting the minimum monitoring requirements of § 1.16.4 of this Part.
b. The Director will invalidate a total coliform-positive sample and document same in writing only if:
(1) The laboratory establishes that improper sample analysis caused the total coliform positive result.
(2) The Director determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem.
(AA) The Director cannot invalidate a sample on the basis of repeat sample results unless all repeat sample(s) collected at the same tap as the original total coliform-positive sample are also total coliform-positive, and all repeat samples collected at a location other than the original tap are total coliform-negative (e.g., a State cannot invalidate a total coliform-positive (TC+) sample on the basis of repeat samples if all the repeat samples are total coliform-negative, or if the PWS has only one service connection).
(3) The Director has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition which does not reflect water quality in the distribution system.
(AA) In this case, the PWS must still collect all repeat samples required under § 1.16.4(A)(8) of this Part and use them to determine whether a coliform treatment technique trigger in § 1.16.4(A)(6) of this Part has been exceeded.
(BB) To invalidate a total coliform-positive sample under this paragraph, the decision and supporting rationale must be documented in writing, and approved and signed by the supervisor of the State official who recommended the decision.
(CC) The State must make this document available to EPA and the public.
(DD) The written documentation must state the specific cause of the total coliform-positive sample, and what action the PWS has taken, or will take, to correct this problem.
(EE) The State may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative.
c. A laboratory must invalidate a total coliform sample (unless total coliforms are detected) if the sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined (e.g., the Multiple-Tube Fermentation Technique), produces a turbid culture in the absence of an acid reaction in the Presence-Absence (P-A) Coliform Test, or exhibits confluent growth, or produces colonies too numerous to count with an analytical method using a membrane filter (e.g. Membrane Filter-Technique).
d. If a laboratory invalidates a sample because of such interference, the PWS must collect another sample from the same location as the original sample within twenty-four (24) hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms.
(1) The PWS must continue to re-sample within twenty-four (24) hours and have the samples analyzed until it obtains a valid result.
(2) The Director may extend the twenty-four (24) hour limit on a case-by-case basis if the PWS has a logistical problem in collecting the repeat sample within twenty-four (24) hours that is beyond its control.
(3) In the case of an extension, the Director will specify how much time the PWS has to collect the repeat samples.
11. Reduced Monitoring
a. A groundwater community PWS serving 1,000 or fewer people may reduce its routine monitoring (1 sample per month) to 1 sample per quarter if it meets the following criteria:
(1) The PWS has a State-certified operator.
(2) The most recent sanitary survey shows that the PWS is free of sanitary defects (or has an approved plan and schedule to correct them, and is in compliance with the plan and the schedule).
(3) The PWS has a protected water source.
(4) The source meets approved construction standards.
(5) The PWS must have a clean compliance history for a minimum of twelve (12) months.
(6) In addition, the PWS must meet at least one of the following criteria:
(AA) The PWS has an annual site visit by the State that is equivalent to a Level 2 assessment or a voluntary annual Level 2 assessment by a party approved by the State, with correction of all identified sanitary defects (or an approved plan schedule to correct them and is in compliance with the plan and schedule).
(BB) The PWS recertifies compliance with § 1.9.4 of this Part Cross Connection control.
(CC) The PWS has continuous disinfection entering the distribution system and a residual in the distribution system in accordance with criteria specified by the Director.
(DD) The PWS maintains at least a 4-log removal or inactivation of viruses as provided under § 1.13 of this Part.
(EE) The PWS has other equivalent enhancements to water system barriers as approved by the Director.
b. A groundwater community PWS serving 1,000 or fewer people which has Ultra Violet (U.V.) disinfection which does not meet a 4-log removal or inactivation of viruses as provided under § 1.13 of this Part is not eligible for reduced monitoring and must remain on its 1 sample per month schedule.
12. Return to Routine Monitoring for Community PWS
a. A groundwater community PWS serving 1,000 or fewer people on quarterly monitoring that experiences any of the events in §§ 1.16.4(A)(12)(b)((1)) through ((5)) of this Part must begin monthly monitoring the month following the event.
b. The PWS must continue monthly monitoring until it meets the reduced monitoring requirements in § 1.16.4(A)(13) of this Part.
(1) The PWS triggers a Level 2 assessment or a second Level 1 assessment in a rolling 12-month period.
(2) The PWS has an E. coli MCL violation.
(3) The PWS has a coliform treatment technique violation.
(4) The PWS has two coliform monitoring violations in a rolling 12-month period or the PWS has one coliform monitoring violation and has triggered one Level 1 assessment in a rolling 12-month period.
(5) A PWS that loses its certified operator must return to monthly monitoring the month following that loss.
c. A PWS on monthly monitoring for reasons other than those identified in § 1.16.4(A)(12) of this Part is not considered to be on increased monitoring for the purposes of § 1.16.4(A)(13) of this Part.
13. Return to Reduced Monitoring After Being Triggered to Increased Monitoring for Community PWS.
a. A groundwater community PWS serving 1,000 or fewer people must meet the following criteria in order to return to routine quarterly monitoring after being triggered to increased monitoring:
(1) The PWS has a State-certified operator.
(2) Within the last twelve (12) months, the PWS must have a completed sanitary survey or a site visit by the State or a voluntary Level 2 assessment by a party approved by the State, showing that the PWS is free of sanitary defects.
(3) The PWS has a protected water source.
(4) The source meets approved construction standards.
(5) The PWS must have a clean compliance history for a minimum of twelve (12) months.
14. Sanitary Surveys
a. PWS must undergo another sanitary survey every five (5) years, except that non-community PWS using only protected and disinfected groundwater as defined by the Director must undergo subsequent sanitary surveys at least every ten (10) years after the initial sanitary survey. Sanitary surveys conducted by the Director may be used to meet the sanitary survey requirements of this Part.
b. A PWS is responsible for making all necessary facilities, personnel, and records available so that a sanitary survey may be completed.
c. Deficiencies listed in a sanitary survey are considered to be unsafe conditions and must be addressed as provided for in § 1.10 of this Part.
d. The State must perform a special monitoring evaluation at all groundwater PWS serving 1,000 or fewer persons during each sanitary survey to review the status of the PWS and to determine whether the sample sites and monitoring schedule need to be modified.
15. Violation Types
a. E. coli MCL Violation. A PWS is in violation of the MCL for E. coli when any of the following conditions occur:
(1) The PWS has an E. coli-positive repeat sample following a total coliform-positive routine sample
(2) The PWS has a total coliform-positive repeat sample following an E. coli-positive routine sample.
(3) The PWS fails to take all required repeat samples following an E. coli-positive routine sample.
(4) The PWS fails to test for E. coli when any repeat sample tests positive for total coliform.
b. Treatment Technique Violation. The following are treatment technique violations:
(1) When a PWS exceeds a treatment technique trigger specified in § 1.16.4(A)(6)(c) of this Part and then fails to conduct the required assessment or corrective actions within the timeframe specified in § 1.16.4(A)(7) of this Part.
(2) When a seasonal PWS fails to complete a State-approved start-up procedure prior to serving water to the public.
(3) When a PWS fails to correct any sanitary defect found through either a Level 1 or Level 2 assessment within thirty (30) days of learning of the trigger or in accordance with a schedule approved by the Director.
c. Monitoring Violation. The following are monitoring violations:
(1) Failure to take every required routine or additional routine sample in a compliance period.
(2) Failure to analyze for E. coli following a total coliform-positive routine sample is a monitoring violation.
d. Reporting Violation. The following are reporting violations:
(1) Failure to submit a monitoring report or completed assessment form after a PWS properly conducts monitoring or assessment in a timely manner.
(2) Failure to notify the State following an E. coli-positive sample as required by § 1.16.4(A)(9) of this Part.
(3) Failure to submit certification of completion of State-approved start-up procedure by a seasonal PWS.
16. Reporting Requirements
a. In addition to the general reporting requirements found at § 1.11 of this Part, the following apply to § 1.16.4 of this Part:
(1) A PWS must notify the Director, by the end of the day when the PWS learns of an E. coli MCL violation, unless the PWS learns of the violation after the State office is closed, in which case the PWS must notify the Director before the end of the next business day, and notify the public in accordance with § 1.16.6 of this Part.
(2) A PWS must notify the Director by the end of the day when the PWS is notified of an E. coli-positive routine sample and of a (TT) trigger, unless the PWS is notified of the result after the State office is closed, in which case the PWS must notify the Director before the end of the next business day.
(3) A PWS that has violated the treatment technique for coliforms must report the violation to the Director no later than the end of the next business day after it learns of the violation, and notify the public in accordance with § 1.16.6 of this Part.
(4) A PWS which has failed to comply with a coliform monitoring requirement, including the sanitary survey must report the monitoring violation to the Director within ten (10) days after the PWS discovers the violation, and notify the public in accordance with § 1.16.6 of this Part.
b. A seasonal PWS must certify, prior to serving water to the public, that it has complied with the State-approved start-up procedure.
c. A community PWS must report the following in its Consumer Confidence Report (CCR):
(1) E. coli: number of positive results.
(2) Level 1 or Level 2 assessment language.
1.16.5Radioactivity
A. Monitoring and Compliance Requirements for Gross Alpha Particle Activity, Radium- 226, Radium-228 and Uranium
1. Community PWS must conduct initial monitoring to determine compliance with §§ 1.16.5(B) and (C) of this Part, by December 31, 2007. For the purposes of monitoring for gross alpha particle activity, radium-226, radium-228, and uranium in drinking water, "detection limit" is defined as in § 1.21 of this Part.
a. Applicability and sampling location for existing community PWS or sources.
(1) All existing community PWS using groundwater, surface water or PWS using both ground and surface water (for the purpose of this Section hereafter referred to as PWS) must sample at every entry point to the distribution system that is representative of all sources being used (hereafter called a sampling point) under normal operating conditions.
(2) The PWS must take each sample at the same sampling point unless conditions make another sampling point more representative of each source or the Director has designated a distribution system location, in accordance with § 1.16.5(A)(2)(b)((3)) of this Part.
b. Applicability and sampling location for new community PWS or sources
(1) All new community PWS or community PWS that use a new source of water must begin to conduct initial monitoring for the new source within the first quarter after initiating use of the source.
(2) Community PWS must conduct more frequent monitoring when ordered by the Director in the event of possible contamination or when changes in the distribution system or treatment processes occur which may increase the concentration of radioactivity in finished water.
2. Initial Monitoring. PWSs must conduct initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium as follows:
a. PWSs without acceptable historical data, as defined in § 1.16.5(A)(2)(b) of this Part, must collect four (4) consecutive quarterly samples at all sampling points before December 31, 2007.
b. Grandfathering of Data: The Director may allow historical monitoring data collected at a sampling point to satisfy the initial monitoring requirements for that sampling point, for the following situations:
(1) To satisfy initial monitoring requirements, a community PWS having only one (1) entry point to the distribution system may use the monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003.
(2) To satisfy initial monitoring requirements, a community PWS with multiple entry points and having appropriate historical monitoring data for each entry point to the distribution system may use the monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003.
(3) To satisfy initial monitoring requirements, a community PWS with appropriate historical data for a representative point in the distribution system may use the monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003, provided that the Director finds that the historical data satisfactorily demonstrate that each entry point to the distribution system is expected to be in compliance based upon the historical data and reasonable assumptions about the variability of contaminant levels between entry points. The Director must make a written finding indicating how the data conforms to these requirements.
c. For gross alpha particle activity, uranium, radium-226, and radium-228 monitoring, the Director may waive the final two (2) quarters of initial monitoring for a sampling point if the results of the samples from the previous two (2) quarters are below the detection limit.
d. If the average of the initial monitoring results for a sampling point is above the MCL, the PWS must collect and analyze quarterly samples at that sampling point until the PWS has results from four (4) consecutive quarters that are at or below the MCL, unless the PWS enters into another schedule as part of a formal compliance agreement with the Director.
3. Reduced Monitoring. The Director may allow community PWS to reduce the future frequency of monitoring from once every three (3) years to once every six (6) or nine (9) years at each sampling point, based on the following criteria.
a. If the average of the initial monitoring results for each contaminant (i.e., gross alpha particle activity, uranium, radium-226, or radium-228) is below the detection limit specified in Table B in § 1.21 of this Part, the PWS must collect and analyze for that contaminant using at least one (1) sample at that sampling point every nine (9) years.
b. For gross alpha particle activity and uranium, if the average of the initial monitoring results for each contaminant is at or above the detection limit but at or below 1/2 the MCL, the PWS must collect and analyze for that contaminant using at least one (1) sample at that sampling point every six (6) years. For combined radium-226 and radium-228, the analytical results must be combined. If the average of the combined initial monitoring results for radium-226 and radium-228 is at or above the detection limit but at or below 1/2 the MCL, the PWS must collect and analyze for that contaminant using at least one (1) sample at that sampling point every six (6) years.
c. For gross alpha particle activity and uranium, if the average of the initial monitoring results for each contaminant is above 1/2 the MCL but at or below the MCL, the PWS must collect and analyze at least one (1) sample at that sampling point every three (3) years. For combined radium-226 and radium-228, the analytical results must be combined. If the average of the combined initial monitoring results for radium-226 and radium-228 is above 1/2 the MCL but at or below the MCL, the PWS must collect and analyze at least one (1) sample at that sampling point every three (3) years.
d. PWSs must use the samples collected during the reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods (e.g., if a PWS's sampling point is on a nine (9) year monitoring period, and the sample result is above 1/2 MCL, then the next monitoring period for that sampling point is three (3) years).
e. If a PWS has a monitoring result that exceeds the MCL while on reduced monitoring, the PWS must collect and analyze quarterly samples at that sampling point until the PWS has results from four (4) consecutive quarters that are below the MCL, unless the PWS enters into another schedule as part of a formal compliance agreement with the Director.
4. Compositing. To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226, radium-228, or uranium, a PWS may composite up to four (4) consecutive quarterly samples from a single-entry point if analysis is done within a year of the first sample. The Director will treat analytical results from the composited sample as the average analytical result to determine compliance with the MCLs and the future monitoring frequency. If the analytical result from the composited sample is greater than 1/2 MCL, the Director may direct the PWS to take additional quarterly samples before allowing the PWS to sample under a reduced monitoring schedule.
5. A gross alpha particle activity measurement may be substituted for the required radium-226 measurement provided that the measured gross alpha particle activity does not exceed 5 pCi/l. A gross alpha particle activity measurement may be substituted for the required uranium measurement provided that the measured gross alpha particle activity does not exceed 15 pCi/l. The gross alpha measurement shall have a confidence interval of 95% (1.65 sigma, where sigma is the standard deviation of the net counting rate of the sample) for radium- 226 and uranium. When a PWS uses a gross alpha particle activity measurement in lieu of a radium-226 and/or uranium measurement, the gross alpha particle activity analytical result will be used to determine the future monitoring frequency for radium-226 and/or uranium. If the gross alpha particle activity result is less than detection, ½ the detection limit will be used to determine compliance and the future monitoring frequency.
B. Maximum Contaminant Level for Gross Alpha Particle Activity and Radium-226 and Radium-228

Contaminant

Picocuries per Liter (pCi/l)

Radium-226 and Radium-228 Combined (The combined radium-226 and radium-228 value is determined by the addition of the results of the analysis for radium-226 and the analysis for radium-228)

5

Gross alpha particle activity (Including radium-226 but excluding radon and uranium)

15

C. Maximum Contaminant Level for Uranium. The maximum contaminant level for uranium is 30 μg/L.
D. Maximum Contaminant Level for Manmade Beta Particle and Photon Emitters. The average annual concentration of manmade beta particle and photon emitters shall not meet or exceed an annual dose equivalent to the total body or any internal organ of 4 millirems/year.
1. Except for the radionuclides listed in Table A, the concentration of man-made radionuclides causing 4 mrem total body or any internal organ dose equivalents must be calculated on the basis of 2 liter per day drinking water intake using the 168 hour data list in "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure," NBS (National Bureau of Standards) Handbook 69 as amended August 1963, U.S. Department of Commerce. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 C.F.R. Part 51 . Copies of this document are available from the National Technical Information Service, NTIS ADA 280 282, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161. The toll-free number is 800-553-6847. Copies may be inspected at EPA's Drinking Water Docket, 401 M Street, SW., Washington, DC 20460; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
2. If two (2) or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any internal organ shall not exceed 4 mrem/year.

Table A. Average Annual Concentrations Assumed to Produce a Total Body or Any Internal Organ Dose of 4 millirem/year

Radionuclide

Critical Organ

pCi/l

Tritium

Total body

20,000

Strontium-90

Bone marrow

8

E. Monitoring and Compliance Requirements for Beta Particle and Photon Radioactivity. For the purposes of monitoring for beta particle and photon radioactivity in drinking water, "detection limit" is defined as in § 1.21 of this Part. To determine compliance with the maximum contaminant levels in § 1.16.5(D) of this Part for beta particle and photon radioactivity, a PWS must monitor at a frequency as follows:
1. Community PWS (both surface and groundwater) designated by the Director as vulnerable must sample for beta particle and photon radioactivity. PWSs must collect quarterly samples for beta emitters and annual samples for tritium and strontium-90 at each entry point to the distribution system (hereafter called a sampling point), beginning within one (1) quarter after being notified by the Director. PWSs already designated by the Director must continue to sample until the Director reviews and either reaffirms or removes the designation.
a. If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at a sampling point has a running annual average (computed quarterly) less than or equal to 50 pCi/L (screening level), the Director may reduce the frequency of monitoring at that sampling point to once every three (3) years. PWSs must collect all samples required in § 1.16.5(E)(1) of this Part during the reduced monitoring period.
b. For PWSs in the vicinity of a nuclear facility, the Director may allow the community PWS to utilize environmental surveillance data collected by the nuclear facility in lieu of monitoring at the system's entry point(s), where the Director determines if such data is applicable to a particular PWS. In the event that there is a release from a nuclear facility, PWS which are using surveillance data must begin monitoring at the community PWS's entry point(s) in accordance with § 1.16.5(E)(1) of this Part.
2. Community PWS (both surface and groundwater) designated by the Director as utilizing waters contaminated by effluents from nuclear facilities must sample for beta particle and photon radioactivity. PWSs must collect quarterly samples for beta emitters and iodine-131 and annual samples for tritium and strontium-90 at each entry point to the distribution system (hereafter called a sampling point), beginning within one (1) quarter after being notified by the Director. PWSs already designated by the Director as PWSs using waters contaminated by effluents from nuclear facilities must continue to sample until the Director reviews and either reaffirms or removes the designation.
a. Quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or the analysis of a composite of three (3) monthly samples. The former is recommended.
b. For iodine-131, a composite of five (5) consecutive daily samples shall be analyzed once each quarter. As ordered by the Director, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water.
c. Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of four (4) consecutive quarterly samples or analysis of four (4) quarterly samples. The latter procedure is recommended.
d. If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at a sampling point has a running annual average (computed quarterly) less than or equal to 15 pCi/L (screening level), the Director may reduce the frequency of monitoring at that sampling point to every three (3) years. PWSs must collect all samples required in § 1.16.5(E)(2) of this Part during the reduced monitoring period.
e. For PWSs in the vicinity of a nuclear facility, the Director may allow the community PWS to utilize environmental surveillance data collected by the nuclear facility in lieu of monitoring at the PWS's entry point(s), where the Director determines if such data is applicable to a particular PWS. In the event that there is a release from a nuclear facility, PWSs which are using surveillance data must begin monitoring at the community PWS's entry point(s) in accordance with § 1.16.5(E)(2) of this Part.
3. Community PWS designated by the Director to monitor for beta particle and photon radioactivity cannot apply to the Director for a waiver from the monitoring frequencies specified in §§ 1.16.5(E)(1) or (2) of this Part.
4. Community PWS may analyze for naturally occurring potassium-40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis. PWSs are allowed to subtract the potassium-40 beta particle activity value from the total gross beta particle activity value to determine if the screening level is exceeded. The potassium-40 beta particle activity must be calculated by multiplying elemental potassium concentrations (in mg/L) by a factor of 0.82.
5. If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity exceeds the appropriate screening level, an analysis of the sample must be performed to identify the major radioactive constituents present in the sample and the appropriate doses must be calculated and summed to determine compliance with § 1.16.5(D) of this Part, using the formula in § 1.16.5(D)(1) of this Part. Doses must also be calculated and combined for measured levels of tritium and strontium to determine compliance.
6. PWSs must monitor monthly at the sampling point(s) which exceed the maximum contaminant level in § 1.16.5(D) of this Part beginning the month after the exceedance occurs. PWSs must continue monthly monitoring until the PWS has established, by a rolling average of 3 monthly samples, that the MCL is being met. PWSs who establish that the MCL is being met must return to quarterly monitoring until they meet the requirements set forth in §§ 1.16.5(E)(1)(a) or (E)(2)(d) of this Part.
F. General Monitoring and Compliance Requirements for Radionuclides.
1. The Director may require more frequent monitoring than specified in §§ 1.16.5(A) and (E) of this Part, or may require confirmation samples at its discretion. The results of the initial and confirmation samples will be averaged for use in compliance determinations.
2. Each PWS shall monitor at the time designated by the Director during each compliance period.
3. Compliance: Compliance with §§ 1.16.5(B) through (D) of this Part will be determined based on the analytical result(s) obtained at each sampling point. If one (1) sampling point is in violation of an MCL, the PWS is in violation of the MCL.
a. For PWSs monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point. If the average of any sampling point is greater than the MCL, then the PWS is out of compliance with the MCL.
b. For PWSs monitoring more than once per year, if any sample result will cause the running average to exceed the MCL at any sample point, the PWS is out of compliance with the MCL immediately.
c. PWSs must include all samples taken and analyzed under the provisions of this Section in determining compliance, even if that number is greater than the minimum required.
d. If a PWS does not collect all required samples when compliance is based on a running annual average of quarterly samples, compliance will be based on the running average of the samples collected.
e. If a sample result is less than the detection limit, zero will be used to calculate the annual average, unless a gross alpha particle activity is being used in lieu of radium-226 and/or uranium. If the gross alpha particle activity result is less than detection, ½ the detection limit will be used to calculate the annual average.
f. To judge compliance with the maximum contaminant levels listed in §§ 1.16.5(B), (C) and (D) of this Part, averages of data shall be used and shall be rounded to the same number of significant figures as the maximum contaminant level for the substance in question.
4. The Director has the discretion to delete results of obvious sampling or analytic errors.
5. If the MCL for radioactivity set forth in §§ 1.16.5(B), (C) or (D) of this Part is exceeded, the operator of a community PWS must give notice to the Director pursuant to § 1.11 of this Part and to the public as required by § 1.16.6 of this Part.
6. Where monitoring results exceed the MCLs specified in §§ 1.16.5(B), (C) or (D) of this Part, compliance shall be achieved by installation of central treatment which is approved by the Director. Point of use or point of entry devices may be used only as a condition of a variance from § 1.16.5(F) of this Part and only if a plan for their maintenance and operation is approved by the Director and every building connected to the PWS has a device installed and adequately monitored by the PWS. Requirements for approval of use of non-centralized treatment are contained in §§ 1.5(F) and (G) of this Part.
G. Compliance Combined Radium-226 and -228, Gross Alpha Particle Activity, Gross Beta Particle and Photon Radioactivity and Uranium: Community PWS must comply with the MCLs listed in §§ 1.16.5(B), (C) and (D) of this Part and compliance shall be determined in accordance with the requirements of §§ 1.16.5 and 1.21 of this Part. Compliance with reporting requirements for the radionuclides under §§ 1.11 and 1.16.6 of this Part is required.
H. Best Available Technologies (BATs) for Radionuclides. The Director hereby identifies as indicated in the following table the best technology available for achieving compliance with the maximum contaminant levels for combined radium-226 and -228, uranium, gross alpha particle activity and beta particle and photon radioactivity.

Table B. BAT for Combined Radium-226 and Radium-228, Uranium, Gross Alpha Particle Activity, and Beta Particle and Photon Radioactivity

Contaminant

BAT

1. Combined radium-226 and radium-228

Ion exchange, reverse osmosis, lime softening

2. Uranium

Ion exchange, reverse osmosis, lime softening, coagulation/filtration

3. Gross alpha particle activity (excluding Radon and Uranium)

Reverse osmosis

4. Beta particle and photon radioactivity

Ion exchange, reverse osmosis

I. Small Systems Compliance Technologies List for Radionuclides

Table C. List of Small Systems Compliance Technologies for Radionuclides and Limitations to Use.

Unit Technologies

Limitations (see footnotes)

Operator Skill Level Required1

Raw Water Quality Range and Considerations1

1. Ion exchange (IE)

(a)

Intermediate

All ground waters

2. Point of use (POU2) IE

(b)

Basic

All ground waters

3. Reverse osmosis (RO)

(c)

Advanced

Surface waters usually require pre-filtration

4. POU2 RO

(b)

Basic

Surface waters usually require pre-filtration

5. Lime softening

(d)

Advanced

All waters

6. Green sand filtration

(e)

Basic

7. Co-precipitation with Barium sulfate

(f)

Intermediate to Advanced

Ground waters with suitable water quality

8. Electrodialysis/ electrodialysis reversal

Basic to Intermediate

All ground waters

9. Pre-formed hydrous Manganese oxide filtration

(g)

Intermediate

All ground waters

10.Activated alumina

(a), (h)

Advanced

All ground waters; competing anion concentrations may affect regeneration frequency.

11.Enhanced coagulation/ filtration

(i)

Advanced

Can treat a wide range of water qualities

1 National Research Council (NRC). Safe Water from Every Tap: Improving Water Service to Small Communities. National Academy Press. Washington, D.C. 1997.

2 A POU, or "point-of-use" technology is a treatment device installed at a single tap used for the purpose of reducing contaminants in drinking water at that one (1) tap. POU devices are typically installed at the kitchen tap. See the April 21, 2000 NODA for more details.

Limitations Footnotes:

Technologies for Radionuclides:

a The regeneration solution contains high concentrations of the contaminant ions. Disposal options should be carefully considered before choosing this technology.

b When POU devices are used for compliance, programs for long-term operation, maintenance and monitoring must be provided by water utility to ensure proper performance.

c Reject water disposal options should be carefully considered before choosing this technology. See other RO limitations described in the SWTR Compliance Technologies Table.

d The combination of variable source water quality and the complexity of the water chemistry involved may make this technology too complex for small surface water systems.

e Removal efficiencies can vary depending on water quality.

f This technology may be very limited in application to small systems. Since the process requires static mixing, detention basins, and filtration, it is most applicable to systems with sufficiently high sulfate levels that already have a suitable filtration treatment train in place.

g This technology is most applicable to small systems that already have filtration in place.

h Handling of chemicals required during regeneration and pH adjustment may be too difficult for small systems without an adequately trained operator.

i Assumes modification to a coagulation/filtration process already in place.

Table D. Compliance Technologies by System Size Category for Radionuclide NPDWR's

Compliance Technologies1 for System Size Categories (population served)

Contaminant

25-500

501-3,300

3,300-10,000

1. Combined radium-226 and radium-228

1, 2, 3, 4, 5, 6,

7, 8, 9

1, 2, 3, 4, 5, 6, 7, 8, 9

1, 2, 3, 4, 5, 6, 7, 8, 9

2. Gross alpha particle activity

3, 4

3, 4

3, 4

3. Beta particle activity and photon activity

1, 2, 3, 4

1, 2, 3, 4

1, 2, 3, 4

4. Uranium

1, 2, 4, 10, 11

1, 2, 3, 4, 5, 10, 11

1, 2, 3, 4, 5, 10, 11

Note: 1 Numbers correspond to those technologies found listed in Table C of § 16.5(i) above.

1.16.6Public Notification of Drinking Water Violations
A. General Public Notification Requirements
1. Each owner or operator of a PWS (community PWS, non-transient, non-community PWS and transient non-community PWS) must give notice for all violations of National Primary Drinking Water Regulations (NPDWR) and for other situations, as listed in Table 1. The term "NPDWR violations" is used in this Part to include violations of the maximum contaminant level (MCL), maximum residual disinfection level (MRDL), treatment technique (TT), monitoring requirements and testing procedures in this Part. § 1.16.7 of this Part identifies the tier assignment for each specific violation or situation requiring a public notice.
a. Table 1 to § 1.16.6(A) of this Part - Violation Categories and Other Situations Requiring a Public Notice

(1) NPDWR violations:

(i) Failure to comply with an applicable maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL).

(ii) Failure to comply with a prescribed treatment technique (TT).

(iii) Failure to perform water quality monitoring, as required by the drinking water regulations.

(iv) Failure to comply with testing procedures as prescribed by a drinking water regulation.

(2) Variance and exemptions under sections 1415 and 1416 of SDWA:

(i) Operation under a variance or an exemption.

(ii) Failure to comply with the requirements of any schedule that has been set under a variance or exemption.

(3) Special public notices:

(i) Occurrence of a waterborne disease outbreak or other waterborne emergency.

(ii) Exceedance of the nitrate MCL by non-community water systems (NCWS), where granted permission by the Director under § 15.5 of this Part.

(iii) Exceedance of the secondary maximum contaminant level (SMCL) for fluoride.

(iv) Availability of unregulated contaminant monitoring data.

(v) Other violations and situations determined by the Director to require a public notice under this subpart, not already listed in Appendix A.

2. Public notice requirements are divided into three (3) tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. The public notice requirements for each violation or situation listed in Table 1 of this Section are determined by the tier to which it is assigned. Table 2 of this Section provides the definition of each tier. § 1.16.7 of this Part identifies the tier assignment for each specific violation or situation.
a. Table 2 to § 1.16.6(A) of this Part- Definition of Public Notice Tiers

(1) Tier 1 Public Notice - required for NPDWR violations and situations with significant potential to have serious adverse effects on human health as a result of short-term exposure.

(2) Tier 2 Public Notice - required for all other NPDWR violations and situations with potential to have serious adverse effects on human health.

(3) Tier 3 Public Notice - required for all other NPDWR violations and situations not included in Tier 1 and Tier 2.

3. Persons required to be notified:
a. Each PWS must provide public notice to persons served by the PWS, in accordance with this subpart. PWSs that sell or otherwise provide drinking water to other PWSs (i.e., to consecutive PWSs) are required to give public notice to the owner or operator of the consecutive PWS; the consecutive PWS is responsible for providing public notice to the persons it serves.
b. If a PWS has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the Director may allow the PWS to limit distribution of the public notice to only persons served by that portion of the PWS which is out of compliance. Permission by the Director for limiting distribution of the notice must be granted in writing.
c. A copy of the notice must also be sent to the Director, in accordance with the requirements under § 1.16.6(K) of this Part.
B. Tier 1 Public Notice-Form, Manner and Frequency of Notice
1. Table 1 of this Section lists the violation categories and other situations requiring a Tier 1 public notice. § 1.16.7 of this Part identifies the tier assignment for each specific violation or situation.

Table 1 to § 1.16.6(B) of this Part- Violation Categories and Other Situations Requiring a Tier 1 Public Notice

(1) Violation of the E. Coli MCL (as specified in § 1.16.4(A)(6)(h) of this Part);

(2) Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in § 1.16.1 of this Part, or when the PWS fails to take a confirmation sample within 24 hours of the PWS's receipt of the first sample showing an exceedance of the nitrate or nitrite MCL, as specified in § 1.16.1(F)(2) of this Part;

(3) Exceedance of the nitrate MCL by non-community PWS, where permitted to exceed the MCL by the Director under § 1.15.5 of this Part, as required under § 1.16.6(I) of this Part;

(4) Violation of the MRDL for chlorine dioxide, as defined in § 1.8.2(A) of this Part, when one (1) or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL, or when the PWS does not take the required samples in the distribution system, as specified in § 1.8.6(C)(2)(a) of this Part;

(5) Violation of the turbidity MCL under § 1.16.3 of this Part, where the Director determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the PWS learns of the violation;

(6) Violation of the Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), or Long Term 1 Interim Enhanced Surface Water Treatment Rule (LT1ESWTR), § 1.6 of this Part, treatment technique requirements resulting from a single exceedance of the maximum allowable turbidity limit (as identified in § 1.16.7 of this Part), where the Director determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the PWS learns of the violation;

(7) Occurrence of a waterborne disease outbreak, as defined in § 1.2 of this Part, or other waterborne emergency (such as a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination);

(8) Detection of E. coli, enterococci, or coliphage in source water samples as specified in §§ 1.13.3(A) and (B) of this Part;

(9) Other violations or situations with significant potential to have serious adverse effects on human health as a result of short-term exposure, as determined by the Director either in its regulations or on a case-by-case basis.

2. PWSs must:
a. Provide a public notice as soon as practical but no later than twenty-four (24) hours after the PWS learns of the violation;
b. Initiate consultation with the Director as soon as practical, but no later than twenty-four (24) hours after the PWS learns of the violation or situation, to determine additional public notice requirements and
c. Comply with any additional public notification requirements (including any repeat notices or direction on the duration of the posted notices) that are established as a result of the consultation with the Director. Such requirements may include the timing, form, manner, frequency and content of repeat notices (if any) and other actions designed to reach all persons served.
3. PWSs must provide the notice within twenty-four (24) hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the PWS are to fit the specific situation, but must be designed to reach residential, transient and non-transient users of the PWS. In order to reach all persons served, PWS are to use, at a minimum, one (1) or more of the following forms of delivery:
a. Appropriate broadcast media (such as radio and television);
b. Posting of the notice in conspicuous locations throughout the area served by the PWS;
c. Hand delivery of the notice to persons served by the PWS; or
d. Another delivery method approved in writing by the Director.
C. Tier 2 Public Notice-Form, Manner, and Frequency of Notice
1. Table 1 of this Section lists the violation categories and other situations requiring a Tier 2 public notice. § 1.16.7 of this Part identifies the tier assignment for each specific violation or situation.

Table 1 to § 1.16.6(C) of this Part- Violation Categories and Other Situations Requiring a Tier 2 Public Notice

(1) All violations of the MCL, MRDL and treatment technique requirements, except where a Tier 1 notice is required under § 1.16.6(B)(1) of this Part or where the Director determines that a Tier 1 notice is required;

(2) Violations of the monitoring and testing procedure requirements, where the Director determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation; and

(3) Failure to comply with the terms and conditions of any variance or exemption in place.

(4) Failure to take corrective action or failure to maintain at least 4-log treatment of viruses (using inactivation, removal, or a State-approved combination of 4-log virus inactivation and removal) before or at the first customer under § 1.13.4(A) of this Part.

2. Tier 2 Public Notice
a. A PWS must provide the public notice as soon as practical, but no later than thirty (30) days after the PWS learns of the violation. If the public notice is posted, the notice must remain in place for as long as the violation or situation persists, but in no case for less than seven (7) days, even if the violation or situation is resolved. The Director may, in appropriate circumstances, allow additional time for the initial notice of up to three (3) months from the date the PWS learns of the violation. It is not appropriate for the Director to grant an extension to the 30-day deadline for any unresolved violation or to allow across-the-board extensions by rule or policy for other violations or situations requiring a Tier 2 public notice. Extensions granted by the Director must be in writing.
b. The PWS must repeat the notice every three (3) months as long as the violation or situation persists, unless the Director determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstance may the repeat notice be given less frequently than once per year. It is not appropriate for the Director to allow less frequent repeat notice for an MCL violation under the Total Coliform Rule or a treatment technique violation under the Surface Water Treatment Rule or Interim Enhanced Surface Water Treatment Rule (§ 1.6 of this Part). It is also not appropriate for the Director to allow through its rules or policies across the board reductions in the repeat notice frequency for other ongoing violations requiring a Tier 2 repeat notice. The Director's determinations allowing repeat notices to be given less frequently than once every three (3) months must be in writing.
c. For the turbidity violations specified in this Paragraph, PWSs must consult with the Director as soon as practical but no later than twenty-four (24) hours after the PWS learns of the violation, to determine whether a Tier 1 public notice under § 1.16.6(B)(1) of this Part is required to protect public health. When consultation does not take place within the 24-hour period, the PWS must distribute a Tier 1 notice of the violation within the next twenty-four (24) hours (i.e., no later than 48 hours after the PWS learns of the violation), following the requirements under § 1.16.6(B) of this Part and consultation with the Director is required for:
(1) Violation of the turbidity MCL under § 1.16.3 of this Part; or
(2) Violation of the SWTR, IESWTR or LT1ESWTR (§ 1.6 of this Part) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.
3. PWSs must provide the initial public notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of PWS, but it must at a minimum meet the following requirements:
a. Unless directed otherwise by the Director in writing, community PWS must provide notice by:
(1) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the PWS; and
(2) Any other method reasonably calculated to reach other persons regularly served by the PWS, if they would not normally be reached by the notice required in § 1.16.6(C)(3)(a)((1)) of this Part. Such persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: Publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers); posting in public places served by the PWS or on the Internet; or delivery to community organizations.
b. Unless directed otherwise by the Director in writing, non-community PWS must provide notice by:
(1) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the PWS, or by mail or direct delivery to each customer and service connection (where known); and
(2) Any other method reasonably calculated to reach other persons served by the PWS if they would not normally be reached by the notice required in § 1.16.6(C)(3)(b)((1)) of this Part. Such persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. Other methods may include: Publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations (e.g., community centers).
D. Tier 3 Public Notice-Form, Manner, and Frequency of Notice
1. Table 1 of this Section lists the violation categories and other situations requiring a Tier 3 public notice. § 1.16.7 of this Part identifies the tier assignment for each specific violation or situation.

Table 1 to § 1.16.6(D) of this Part- Violation Categories and Other Situations Requiring a Tier 3 Public Notice

(1) Monitoring violations, except where a Tier 1 notice is required under § 1.16.6(B) of this Part or where the Director determines that a Tier 2 notice is required;

(2) Failure to comply with a testing procedure established in this Part, except where a Tier 1 notice is required under § 1.16.6(B)(1) of this Part or where the Director determines that a Tier 2 notice is required;

(3) Operation under a variance granted under 42 U.S.C. § 300g 4 or an exemption granted under 42 U.S.C. § 300g5 of the Safe Drinking Water Act;

(4) Availability of unregulated contaminant monitoring results, as required under § 1.16.6(G) of this Part; and

(5) Exceedance of the fluoride secondary maximum contaminant level (SMCL), as required under § 1.16.6(H) of this Part.

(6) Recordkeeping violations as defined in this Part; and

(7) Failure to comply with reporting requirements as defined under § 1.16.4(A)(16) of this Part.

2. Notification Timeframe
a. A PWS must provide the public notice not later than one (1) year after the PWS learns of the violation or situation or begins operating under a variance or exemption. Following the initial notice, the PWS must repeat the notice annually for as long as the violation, variance, exemption, or other situation persists. If the public notice is posted, the notice must remain in place for as long as the violation, variance, exemption, or other situation persists, but in no case less than seven (7) days (even if the violation or situation is resolved).
b. Instead of individual Tier 3 public notices, a PWS may use an annual report detailing all violations and situations that occurred during the previous twelve (12) months, as long as the timing requirements of § 1.16.6(D)(2)(a) of this Part are met.
3. A PWS must provide the initial notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of PWS, but it must at a minimum meet the following requirements:
a. Unless directed otherwise by the Director in writing, community PWS must provide notice by:
(1) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the PWS; and
(2) Any other method reasonably calculated to reach other persons regularly served by the PWS, if they would not normally be reached by the notice required in § 1.16.7(D)(3)(a)((1)) of this Part. Such persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: Publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers); posting in public places or on the Internet; or delivery to community organizations.
b. Unless directed otherwise by the Director in writing, non-community PWS must provide notice by:
(1) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the PWS, or by mail or direct delivery to each customer and service connection (where known); and
(2) Any other method reasonably calculated to reach other persons served by the PWS, if they would not normally be reached by the notice required in § 1.16.6(D)(3)(b)((1)) of this Part. Such persons may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include: Publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations (e.g., community centers).
4. In what situations, may the Consumer Confidence Report be used to meet the Tier 3 public notice requirements? For community PWS, the Consumer Confidence Report (CCR) required under § 1.16.11 of this Part may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as:
a. The CCR is provided to persons served no later than twelve (12) months after the PWS learns of the violation or situation as required under § 1.16.6(D)(1) of this Part;
b. The Tier 3 notice contained in the CCR follows the content requirements under § 1.16.6(E) of this Part; and c. The CCR is distributed following the delivery requirements under § 1.16.6(D)(3) of this Part.
E. Content of the Public Notice
1. When a PWS violates a NPDWR or has a situation requiring public notification, each public notice must include the following elements:
a. A description of the violation or situation, including the contaminant(s) of concern, and (as applicable) the contaminant level(s);
b. When the violation or situation occurred;
c. Any potential adverse health effects from the violation or situation, including the standard language under §§ 1.16.6(E)(4)(a) or (b) of this Part, whichever is applicable;
d. The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;
e. Whether alternative water supplies should be used;
f. What actions consumers should take, including when they should seek medical help, if known;
g. What the PWS is doing to correct the violation or situation;
h. When the PWS expects to return to compliance or resolve the situation;
i. The name, business address and phone number of the PWS owner, operator, or designee of the PWS as a source of additional information concerning the notice; and
j. A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under § 1.16.6(E)(4)(c) of this Part, where applicable.
2. Elements that must be included in the public notice for a PWS operating under a variance or exemption
a. If a PWS has been granted a variance or an exemption, the public notice must contain:
(1) An explanation of the reasons for the variance or exemption;
(2) The date on which the variance or exemption was issued;
(3) A brief status report on the steps the PWS is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and
(4) A notice of any opportunity for public input in the review of the variance or exemption.
b. If a PWS violates the conditions of a variance or exemption, the public notice must contain the ten (10) elements listed in § 1.16.6(E)(1) of this Part.
3. Public notice presentation requirements:
a. Each public notice required by § 1.16.6 of this Part:
(1) Must be displayed in a conspicuous way when printed or posted;
(2) Must not contain overly technical language or very small print;
(3) Must not be formatted in a way that defeats the purpose of the notice;
(4) Must not contain language which nullifies the purpose of the notice.
b. Each public notice required by § 1.16.6 of this Part must comply with multilingual requirements, as follows:
(1) For a PWS serving a large proportion of non-English speaking consumers, as determined by the Director, the public notice must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the PWS to obtain a translated copy of the notice or to request assistance in the appropriate language.
(2) In cases where the Director has not determined what constitutes a large proportion of non-English speaking consumers, the PWS must include in the public notice the same information as in § 1.16.6(E)(3)(b)((1)) of this Part, where appropriate to reach a large proportion of non- English-speaking persons served by the PWS.
4. PWSs are required to include the following standard language in their public notice:
a. Standard health effects language for MCL or MRDL violations, treatment technique violations, and violations of the condition of a variance or exemption. PWSs must include in each public notice the health effects language specified in § 1.16.8 of this Part corresponding to each MCL, MRDL, and treatment technique violation listed in § 1.16.7 of this Part, and for each violation of a condition of a variance or exemption.
b. Standard language for monitoring and testing procedure violations. PWSs must include the following language in their notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations listed in § 1.16.7 of this Part to this subpart: We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we "did not monitor or test" or "did not complete all monitoring or testing" for [contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time.
c. Standard language to encourage the distribution of the public notice to all persons served. PWSs must include in their notice the following language (where applicable): Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.
d. A report that contains information regarding a Level 1 or Level 2 Assessment required under § 1.16.4 of this Part must include the applicable definitions:
(1) Level 1 Assessment: A Level 1 assessment is a study of the PWS to identify potential problems and determine (if possible) why total coliform bacteria have been found in our PWS.
(2) Level 2 Assessment: A Level 2 assessment is a very detailed study of the PWS to identify potential problems and determine (if possible) why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our PWS on multiple occasions.
F. Notice to New Billing Units or New Customers
1. Community PWS must give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers prior to or at the time service begins.
2. Non-community PWS must continuously post the public notice in conspicuous locations in order to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation persists.
G. Special Notice of the Availability of Unregulated Contaminant Monitoring Results
1. The owner or operator of a community PWS or non-transient, non-community PWS is required to monitor under 40 C.F.R. § 141.40. They must notify persons served by the PWS of the availability of the results of such sampling no later than twelve (12) months after the monitoring results are known.
2. The form and manner of the public notice must follow the requirements for a Tier 3 public notice prescribed in §§ 1.16.6(D)(3), (4)(a) and (4)(c) of this Part. The notice must also identify a person and provide the telephone number to contact for information on the monitoring results.
H. Special Notice for Exceedance of 2 mg/L Fluoride
1. Community PWS that exceed the fluoride secondary maximum contaminant level (SMCL) of 2 mg/L (determined by the last single sample taken in accordance with § 1.16.1 of this Part), but do not exceed the maximum contaminant level (MCL) of 4 mg/L for fluoride (as specified in § 1.16.1 of this Part), must provide the public notice in § 1.16.6(H)(3) of this Part to persons served. Public notice must be provided as soon as practical but no later than twelve (12) months from the day the PWS learns of the exceedance. A copy of the notice must also be sent to all new billing units and new customers at the time service begins, and to the Director. The PWS must repeat the notice at least annually for as long as the SMCL is exceeded. If the public notice is posted, the notice must remain in place for as long as the SMCL is exceeded, but in no case less than seven (7) days (even if the exceedance is eliminated). On a case-by-case basis, the Director may require an initial notice sooner than twelve (12) months and repeat notices more frequently than annually.
2. The form and manner of the public notice (including repeat notices) must follow the requirements for a Tier 3 public notice in §§ 1.16.6(D)(3), (4)(a) and (4)(c) of this Part.
3. The notice must contain the following language, including the language necessary to fill in the blanks: This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine (9) years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/L) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community water system [name] has a fluoride concentration of [insert value] mg/L. Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine (9) should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products. Older children and adults may safely drink the water. Drinking water containing more than 4 mg/L of fluoride (the U.S. Environmental Protection Agency's drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than 4 mg/L of fluoride, but we're required to notify you when we discover that the fluoride levels in your drinking water exceed 2 mg/L because of this cosmetic dental problem. For more information, please call [name of PWS contact] of [name of community PWS] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP."
I. Special Notice for Nitrate Exceedances Above MCL by Non-Community PWS, where Granted Permission by the Director under § 1.15.5 of this Part.
1. Special Notice: The owner or operator of a non-community PWS granted permission by the Director under § 1.15.5 of this Part, to exceed the nitrate MCL must provide notice to persons served according to the requirements for a Tier 1 notice under §§ 1.16.6(B)(1) and (2) of this Part.
2. Form and manner of the special notice: Non-community PWS granted permission by the Director to exceed the nitrate MCL under § 1.15.5 of this Part must provide continuous posting of the fact that nitrate levels exceed 10 mg/L and the potential health effects of exposure, according to the requirements for Tier 1 notice delivery under § 1.16.6(B)(2) and (3) of this Part, and the content requirements under § 1.16.6(E) of this Part.
J. Notice by Director on Behalf of the PWS
1. The Director may give the notice required by this subpart on behalf of the owner and operator of the PWS if the Director complies with the requirements of this subpart.
2. The owner or operator of the PWS remains responsible for ensuring that the requirements of this subpart are met.
K. The PWS, within ten (10) days of completing the public notification requirements under this part for the initial public notice and any repeat notices, must submit to the Director a certification that it has fully complied with the public notification regulations. The PWS must include with this certification a representative copy of each type of notice distributed, published, posted, and made available to the persons served by the PWS and to the media. Copies of public notices issued pursuant to this Section and certifications made to the Director pursuant to this Section must be kept for three (3) years after issuance.
L. Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level.
1. Special notice for repeated failure to monitor to be given: The owner or operator of a community or non-community PWS that is required to monitor source water under § 1.6.9(A) of this Part, must notify persons served by the PWS that monitoring has not been completed as specified no later than thirty (30) days after the PWS has failed to collect any three (3) months of monitoring as specified in § 1.6.9(A)(3) of this Part. The notice must be repeated as specified in § 1.16.6(C)(2) of this Part.
2. Special notice for failure to determine bin classification or mean Cryptosporidium level: The owner or operator of a community or non-community PWS that is required to determine a bin classification under § 1.6.9(K) of this Part, or to determine mean Cryptosporidium level under § 1.6.9(M) of this Part, must notify persons served by the PWS that the determination has not been made as required no later than thirty (30) days after the PWS has failed report the determination as specified in §§ 1.6.9(K)(5) or 1.5.9(M)(1) of this Part, respectively. The notice must be repeated as specified in § 1.16.6(C)(2) of this Part. The notice is not required if the PWS is complying with a Director-approved schedule to address the violation.
3. Form and manner of the special notice: The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in § 1.16.6(C) of this Part. The public notice must be presented as required in § 1.16.6(C) of this Part.
4. The notice must contain the following language, including the language necessary to fill in the blanks.
a. The special notice for repeated failure to conduct monitoring must contain the following language: We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (required bin determination date). We "did not monitor or test" or "did not complete all monitoring or testing" on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, (date). For more information, please call (name of PWS contact) of (name of PWS) at (phone number).
b. The special notice for failure to determine bin classification or mean Cryptosporidium level must contain the following language: We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by (date) whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (date). For more information, please call (name of PWS contact) of (name of PWS) at (phone number).
c. Each special notice must also include a description of what the PWS is doing to correct the violation and when the PWS expects to return to compliance or resolve the situation.
1.16.7Appendix A to § 1.16.6 of this Part1

NPDWR VIOLATIONS AND OTHER SITUATIONS REQUIRING PUBLIC NOTICE

MCL/MRDL/TT violations2

Monitoring, reporting & testing procedure violations

Contaminant

Tier of public notice required

Citation

Tier of public notice required

Citation

I. Violations of National Primary Drinking Water Regulations (NPDWR)3

A. Microbiological Contaminants

1. Total coliform

N/A

N/A

3

1.16.4

2. E. Coli

1

1.16.4(A)(15)(a)

1, 34

1.16.4(A)(15)(d)(2)

3. PWS fails to conduct a required Level 1 or 2 assessment within 10 or 30 days, respectively, of learning of the trigger as defined in § 1.16.4 of this Part, or in accordance with a schedule approved by the Director (TT).

2

1.16.4(A)(15)(b)(1)

3

1.16.4(A)(15)(d)(1)

4. PWS fails to correct any sanitary defect found through either a Level 1 or 2 assessment within 30 days of learning of the trigger or in accordance with a schedule approved by the Director (TT).

2

1.16.4(A)(15)(b)(3)

3

1.16.4(A)(15)(d)(1)

5. Seasonal PWS fails to complete state-approved start-up procedures prior to serving water to the public (TT).

2

1.16.4(A)(15)(b)((2))

3

1.16.4(A)(15)(d)((3))

6. Surface Water Treatment Rule violations, other than violations resulting from single exceedance of max. allowable turbidity level (TT).

2

1.6-1.6.8

3

1.6.5

7. Interim Enhanced Surface Water Treatment Rule violations, other than violations resulting from single exceedance of max. turbidity level (TT)

27

1.6.1

1.6.2

1.6.3(G)

1.6.4(B)

1.6.4(E)

3

1.6.3(G)

1.6.7(A)(1)(b)

1.6.8(B)(1)

8. Filter Backwash Recycling Rule violations

2

1.6.1(F)

1.6.8(D)

3

1.6.1(F)

1.6.8(D)

9. Long Term 1 Enhanced Surface Water Treatment Rule violations

2

1.6.1

1.6.2

1.6.3(G)

1.6.4(B)

1.6.4(E)

3

1.6.3(G)

1.6.7(A)(1)(b)

1.6.8(B)(4)

10. Long Term 2 Enhanced Surface Water Treatment Rule violations

2

1.6.9(K) - 1.6.9(T)

222, 3

1.6.9(B) - 1.6.9(F) and 1.6.9(I) -

1.6.9(J)

11. Groundwater Rule violations

2

1.13.5

3

1.13.3(H),

1.13.4(D)

B. Inorganic Chemicals (IOCs)

1. Antimony

2

1.16.1

3

1.16.1

2. Arsenic

2

1.16.1

1.16.1(J)(4)8

3

1.16.1(A) and (C)11

3. Asbestos (fibers

&>10 mm)

2

1.16.1

3

1.16.1

4. Barium

2

1.16.1

3

1.16.1

5. Beryllium

2

1.16.1

3

1.16.1

6. Cadmium

2

1.16.1

3

1.16.1

7. Chromium (total)

2

1.16.1

3

1.16.1

8. Cyanide

2

1.16.1

3

1.16.1

9. Fluoride

2

1.16.1

3

1.16.1

10. Mercury (inorganic)

2

1.16.1

3

1.16.1

11. Nitrate

1

1.16.1

1, 312

1.16.1

12. Nitrite

1

1.16.1

1, 312

1.16.1

13. Total Nitrate and Nitrite

1

1.16.1

3

1.16.1

14. Selenium

2

1.16.1

3

1.16.1

15. Thallium

2

1.16.1

3

1.16.1

C. Lead and Copper Rule (Action Level for lead is 0.015 mg/L, for copper is 1.3 mg/L)

1. Lead and Copper Rule (TT)

2

1.7.1- 1.7.6

3

1.7.7-1.7.11

D. Synthetic Organic Chemicals (SOCs)

1. 2,4-D

2

1.16.2(A)

3

1.16.2(A)

2. 2,4,5-TP (Silvex)

2

1.16.2(A)

3

1.16.2(A)

3. Alachlor

2

1.16.2(A)

3

1.16.2(A)

4. Atrazine

2

1.16.2(A)

3

1.16.2(A)

5. Benzo(a)pyrene (PAHs)

2

1.16.2(A)

3

1.16.2(A)

6. Carbofuran

2

1.16.2(A)

3

1.16.2(A)

7. Chlordane

2

1.16.2(A)

3

1.16.2(A)

8. Dalapon

2

1.16.2(A)

3

1.16.2(A)

9. Di (2-ethylhexyl) adipate

2

1.16.2(A)

3

1.16.2(A)

10. Di (2-ethylhexyl) phthalate

2

1.16.2(A)

3

1.16.2(A)

11. Dibromochloropropane

2

1.16.2(A)

3

1.16.2(A)

12. Dinoseb

2

1.16.2(A)

3

1.16.2(A)

13. Dioxin (2,3,7,8-TCDD)

2

1.16.2(A)

3

1.16.2(A)

14. Diquat

2

1.16.2(A)

3

1.16.2(A)

15. Endothall

2

1.16.2(A)

3

1.16.2(A)

16. Endrin

2

1.16.2(A)

3

1.16.2(A)

17. Ethylene dibromide

2

1.16.2(A)

3

1.16.2(A)

18. Glyphosate

2

1.16.2(A)

3

1.16.2(A)

19. Heptachlor

2

1.16.2(A)

3

1.16.2(A)

20. Heptachlor epoxide

2

1.16.2(A)

3

1.16.2(A)

21. Hexachlorobenzene

2

1.16.2(A)

3

1.16.2(A)

22. Hexachlorocyclo-pentadiene

2

1.16.2(A)

3

1.16.2(A)

23. Lindane

2

1.16.2(A)

3

1.16.2(A)

24. Methoxychlor

2

1.16.2(A)

3

1.16.2(A)

25. Oxamyl (Vydate)

2

1.16.2(A)

3

1.16.2(A)

26. Pentachlorophenol

2

1.16.2(A)

3

1.16.2(A)

27. Picloram

2

1.16.2(A)

3

1.16.2(A)

28. Polychlorinated biphenyls (PCBs)

2

1.16.2(A)

3

1.16.2(A)

29. Simazine

2

1.16.2(A)

3

1.16.2(A)

30. Total Per-and Polyfluoroalkyl Substances (PFAS)

221

1.16.2(E)

3

1.16.2(E)

31. Toxaphene

2

1.16.2(A)

3

1.16.2(A)

E. Volatile Organic Chemicals (VOCs)

1. Benzene

2

1.16.2(B)

3

1.16.2(B)

2. Carbon tetrachloride

2

1.16.2(B)

3

1.16.2(B)

3. Chlorobenzene (monochlorobenzene)

2

1.16.2(B)

3

1.16.2(B)

4. o-Dichlorobenzene

2

1.16.2(B)

3

1.16.2(B)

5. p-Dichlorobenzene

2

1.16.2(B)

3

1.16.2(B)

6. 1,2-Dichloroethane

2

1.16.2(B)

3

1.16.2(B)

7. 1,1-Dichloroethylene

2

1.16.2(B)

3

1.16.2(B)

8. cis-1,2-Dichloroethylene

2

1.16.2(B)

3

1.16.2(B)

9. trans-1,2-Dichloroethylene

2

1.16.2(B)

3

1.16.2(B)

10. Dichloromethane

2

1.16.2(B)

3

1.16.2(B)

11. 1,2-Dichloropropane

2

1.16.2(B)

3

1.16.2(B)

12. Ethylbenzene

2

1.16.2(B)

3

1.16.2(B)

13. Styrene

2

1.16.2(B)

3

1.16.2(B)

14. Tetrachloroethylene

2

1.16.2(B)

3

1.16.2(B)

15. Toluene

2

1.16.2(B)

3

1.16.2(B)

16. 1,2,4-Trichlorobenzene

2

1.16.2(B)

3

1.16.2(B)

17. 1,1,1-Trichloroethane

2

1.16.2(B)

3

1.16.2(B)

18. 1,1,2-Trichloroethane

2

1.16.2(B)

3

1.16.2(B)

19. Trichloroethylene

2

1.16.2(B)

3

1.16.2(B)

20. Vinyl chloride

2

1.16.2(B)

3

1.16.2(B)

21. Xylenes (total)

2

1.16.2(B)

3

1.16.2(B)

F. Radioactive Contaminants

NPDWR VIOLATIONS AND OTHER SITUATIONS REQUIRING PUBLIC NOTICE

MCL/MRDL/TT violations2

Monitoring, reporting &testing procedure violations

Contaminant

Tier of public notice required

Citation

Tier of public notice required

Citation

1. Beta/photon emitters

2

1.16.5(D)

3

1.16.5

2. Alpha emitters

2

1.16.5(B)

3

1.16.5

3. Combined radium (226 &228)

2

1.16.5(B)

3

1.16.5

4. Uranium

29

1.16.5(C)

310

1.16.5(A)

G. Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfectant Residuals. Where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). EPA sets standards for controlling the levels of disinfectants and DBPs in drinking water, including trihalomethanes (THMs) and haloacetic acids (HAAs).13

1. Total trihalomethanes (TTHMs)

2

1.16.2(A)14

1.8.1(A)

3

1.16.2(A)

2. Haloacetic Acids (HAA5)

2

1.8.1(A)

3

1.8.5(A)-(B)

3. Bromate

2

1.8.1(A)

3

1.8.5(A)-(B)

4. Chlorite

2

1.8.1(A)

3

1.8.5(A)-(B)

5. Chlorine (MRDL)

2

1.8.2(A)

3

1.8.5(A), (C)

6. Chloramine (MRDL)

2

1.8.2(A)

3

1.8.5(A), (C)

7. Chlorine dioxide (MRDL), where any 2 consecutive daily samples at entrance to distribution system only are above MRDL

2

1.8.2(A)

1.8.6(C)

215, 3

1.8.5(A), (C)

1.8.6(C)(2)

8. Chlorine dioxide (MRDL), where sample(s) in distribution system the next day are also above MRDL

116

1.8.2(A)

1.8.6(C)

1

1.8.5(A), (C)

1.8.6(C)(2)

9. Control of DBP precursors-TOC (TT)

2

1.8.8(A)-(B)

3

1.8.5(D)

10. Benchmarking and disinfection profiling

N/A

N/A

3

1.6.3(G)

11. Development of monitoring plan

N/A

N/A

3

1.8.5(C)

H. Other Treatment Techniques

1. Acrylamide (TT)

2

1.16.2(D)

N/A

N/A

2. Epichlorohydrin (TT)

2

1.16.2(D)

N/A

N/A

II. Unregulated Contaminant Monitoring17

A. Unregulated contaminants

N/A

N/A

3

40 C.F.R. 141-40

B. Nickel

N/A

N/A

3

1.16.1

III. Public Notification for Variances and Exemptions:

A. Operation under a variance or exemption

3

1415, 141618

N/A

N/A

B. Violation of conditions of a variance or exemption

2

1415, 1416

142.30719

N/A

N/A

IV. Other Situations Requiring Public Notification:

A. Fluoride secondary maximum contaminant level (SMCL) exceedance

3

1.16.6(H)

N/A

N/A

B. Exceedance of nitrate MCL for non-community PWSs, as allowed by Director

1

1.15.5

N/A

N/A

C. Availability of unregulated contaminant monitoring data

3

1.16.6(G)

N/A

N/A

D. Waterborne disease outbreak

1

1.6.2(F)(2)(b)

N/A

N/A

E. Other waterborne emergency20

1

N/A

N/A

N/A

F. Source Water Sample Positive for GWR Fecal indicators: E. coli, enterococci, or coliphage

1

1.13.3(G)

3

1.13.3

G. Other situations as determined by the Director

1, 2, 321

N/A

N/A

N/A

A. Appendix A - Endnotes
1. Violations and other situations not listed in this table (e.g., some reporting violations and failure to prepare Consumer Confidence Reports), do not require notice, unless otherwise determined by the Director. The Director may, at their option, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and situations listed in this Appendix, as authorized under §§ 1.16.6(C)(1) and (D)(1) of this Part.
2. MCL - Maximum contaminant level, MRDL - Maximum residual disinfectant level, TT - Treatment technique.
3. The term Violations of National Primary Drinking Water Regulations (NPDWR) is used here to include violations of MCL, MRDL, treatment technique, monitoring, and testing procedure requirements.
4. Failure to test for fecal coliform or E. Coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3.
5. PWSs that violate the turbidity MCL of 5 NTU based on an average of measurements over two (2) consecutive days must consult with the Director within 24 hours after learning of the violation. Based on this consultation, the Director may subsequently decide to elevate the violation to Tier 1. If a PWS is unable to make contact with the Director in the 24-hour period, the violation is automatically elevated to Tier 1.
6. PWSs with treatment technique violations involving a single exceedance of a maximum turbidity limit under the Surface Water Treatment Rule (SWTR), the Interim Enhanced Surface Water Treatment Rule (IESWTR), or the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) are required to consult with the Director within 24 hours after learning of the violation. Based on this consultation, the Director may subsequently decide to elevate the violation to Tier 1. If a PWS is unable to make contact with the Director in the 24-hour period, the violation is automatically elevated to Tier 1.
7. Most of the requirements of the Interim Enhanced Surface Water Treatment Rule (63 FR 69477) (Sections 141.170-141.171, 141.173-141.174) become effective January 1, 2002 for § 1.6 PWSs (surface water systems and groundwater systems under the direct influence of surface water) serving at least 10,000 persons. However, Section 141.172 has some requirements that become effective as early as April 16, 1999. The Surface Water Treatment Rule remains in effect for PWSs serving at least 10,000 persons even after 2002; the Interim Enhanced Surface Water Treatment Rule adds additional requirements and does not in many cases supersede the SWTR.
8. The arsenic MCL citations are effective January 23, 2006. Until then, refer to §§ 1.16.1(J)(4) and (A) of this Part.
9. The uranium MCL Tier 2 violation citations are effective December 8, 2003 for all community PWS.
10. The uranium MCL Tier 3 violation citations are effective December 8, 2003 for all community PWS.
11. The arsenic Tier 3 violation MCL citations are effective January 23, 2006. Until then, refer to §§ 1.16.1(A) and (J) of this Part.
12. Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.
13. § 1.6 community and non-transient, non-community PWSs serving [GREATER THAN OR EQUAL TO] 10,000 must comply with new DBP MCLs, disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other community and non-transient non-community PWSs must meet the MCLs and MRDLs beginning January 1, 2004. § 1.6 transient non-community PWSs serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. § 1.6 transient non-community PWSs serving fewer than 10,000 persons and using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004.
14. §§ 1.8.5(A) through (B) of this Part apply until the requirements of § 1.8.10 take effect under the schedule in § 1.8.10(A) of this Part.
15. Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.
16. If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and one (1) or more samples taken in the distribution system the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 notification.
17. Some PWS must monitor for certain unregulated contaminants listed in 40 C.F.R. 141.40.
18. This citation refers to 42 U.S.C. §§ 1415 and 1416, this requires that "a schedule prescribed for a PWS granted a variance [or exemption] shall require compliance by the system..."
19.40 C.F.R. 142.307 specifies the items and schedule milestones that must be included in a variance for small systems.
20. Other waterborne emergencies require a Tier 1 public notice under § 1.16.6(B)(1) of this Part for situations that do not meet the definition of a waterborne disease outbreak given in Section 1 but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water supply or distribution system, chemical spills, or unexpected loading of possible pathogens into the source water.
21. The Director may place other situations in any tier they believe appropriate, based on threat to public health. For Total PFAS, any result over 70 ppt is a Tier 1 violation requiring a do-not-drink public notice.
22. Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in § 1.16.6(L) of this Part. All other monitoring and testing procedure violations are Tier 3.
1.16.8Appendix B to § 1.16.6 of this Part

STANDARD HEALTH EFFECTS LANGUAGE FOR PUBLIC NOTIFICATION

Contaminant

MCLG1 mg/L

MCL2 mg/L

Standard health effects language for public notification

National Primary Drinking Water Regulations (NPDWR)

A. Microbiological Contaminants

1a. Total coliform

Zero

See endnote3

Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, bacteria may be present. Coliforms were found in more samples than allowed and this was a warning of potential problems.

1b. E. Coli (RTCR)

Zero

Zero

E. Coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short- term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children and people with severely compromised immune systems.

1c. Failure to conduct assessments or corrective action related to total coliform.

N/A

TT

Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that are found.

In addition, the PWS must include one or both of the following statements, as appropriate:

1. We failed to conduct the required assessment.

2. We failed to correct all identified sanitary defects that were found during the assessment(s).

1d. Failure to conduct a Level 2 assessment or corrective action related to E. coli.

N/A

TT

E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short- term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We violated the standard for E. coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct a detailed assessment to identify problems and to correct any problems that are found.

In addition, include one or both of the following statements, as appropriate:

1. We failed to conduct the required assessment.

2. We failed to correct all identified sanitary defects that were found during the assessment that we conducted.

1e. Failure to conduct a Level 2 assessment that is triggered by a second Level 1 assessment in the specified timeframe; or take corrective action in this circumstance.

N/A

TT

Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that are found.

In addition, the PWS must include one or both of the following statements, as appropriate:

1. We failed to conduct the required assessment.

2. We failed to correct all identified sanitary defects that were found during the assessment(s).

1f. Failure of a seasonal PWS to follow state-approved start-up procedures prior to serving water to the public - including failure to monitor for total coliforms or E. coli

N/A

TT

When this violation includes the failure to monitor for total coliforms or E. coli prior to serving water to the public, the following language from must be included:

We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we "did not monitor or test" or "did not complete all monitoring or testing" for [contaminant(s)], and therefore, cannot be sure of the quality of your drinking water during that time.

1g. Failure of a seasonal PWS to follow state-approved start-up procedures prior to serving water to the public - when monitoring is not required

N/A

TT

If monitoring is not required as part of the start-up procedures or when this violation includes failure to complete other actions, the appropriate elements required for PN under § 1.16.6 of this Part.

1h. Fecal indicators (GWR):

i. E. coli

ii. Enterococci

iii. Coliphage

Zero

None

None

TT

TT

TT

Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term health effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

1i. Groundwater Rule (GWR) TT violations

None

TT

Inadequately treated or inadequately protected water may contain disease-causing organisms. These organisms can cause symptoms such as diarrhea, nausea, cramps, and associated headaches.

2a. Turbidity (MCL4)

None

1 NTU5

5 NTU

Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth.

Turbidity may indicate the presence of disease-causing organisms.

These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.

2b. Turbidity (SWTR TT)6

None

TT7

Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth.

Turbidity may indicate the presence of disease-causing organisms.

These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.

2c. Turbidity (IESWTR TT and LT1ESWTR TT)8

None

TT

Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms.

These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.

B. Surface Water Treatment Rule (SWTR) and Interim Enhanced Surface Water Treatment Rule (IESWTR), Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) and the Filter Backwash Recycling Rule (FBRR) violations

3. Giardia lamblia

(SWTR/IESWTR/LT1ESWTR)

4. Viruses

(SWTR/IESWTR/LT1ESWTR)

5. Heterotrophic plate count (HPC) bacteria9

(SWTR/IESWTR/LT1ESWTR)

6. Legionella

Zero

TT10

Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.

(SWTR/IESWTR/LT1ESWTR)

7. Cryptosporidium

(IESWTR/FBRR/LT1ESWTR)

C. Inorganic Chemicals (IOCs)

8. Antimony

0.006

0.006

Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.

9. Arsenic11

Zero

0.010

Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.

10. Asbestos (&>10 µm)

7 MFL12

7 MFL

Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.

11. Barium

2

2

Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.

12. Beryllium

0.004

0.004

Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.

13. Cadmium

0.005

0.005

Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.

14. Chromium (total)

0.1

0.1

Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.

15. Cyanide

0.2

0.2

Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.

16. Fluoride

4.0

4.0

Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones. Fluoride in drinking water at half the MCL or more may cause mottling of children's teeth, usually in children less than nine (9) years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth, before they erupt from the gums.

17. Mercury (inorganic)

0.002

0.002

Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.

18. Nitrate

10

10

Infants below the age of six (6) months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.

19. Nitrite

1

1

Infants below the age of six (6) months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.

20. Total Nitrate and Nitrite

10

10

Infants below the age of six (6) months who drink water containing nitrate and nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

21. Selenium

0.05

0.05

Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.

22. Thallium

0.0005

0.002

Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss,

changes in their blood, or problems with their kidneys, intestines, or liver.

D. Lead and Copper Rule

23. Lead

Zero

TT13

Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.

24. Copper

1.3

TT14

Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson's Disease should consult their personal doctor.

E. Synthetic Organic Compounds (SOCs)

25. 2,4-D

0.07

0.07

Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.

26. 2,4,5-TP (Silvex)

0.05

0.05

Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.

27. Alachlor

Zero

0.002

Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, experience anemia, or may have an increased risk of getting cancer.

28. Atrazine

0.003

0.003

Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.

29. Benzo(a)pyrene (PAHs)

Zero

0.0002

Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties or may have an increased risk of getting cancer.

30. Carbofuran

0.04

0.04

Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.

31. Chlordane

Zero

0.002

Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver, or nervous system, and may have an increased risk of getting cancer.

32. Dalapon

0.2

0.2

Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.

33. Di (2-ethylhexyl) adipate

0.4

0.4

Some people who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience general toxic effects or reproductive difficulties.

34. Di(2-ethylhexyl) phthalate

Zero

0.006

Some people who drink water containing di (2-ethylhexyl) phthalate in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.

35. Dibromochloropropane (DBCP)

Zero

0.0002

Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

36. Dinoseb

0.007

0.007

Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.

37. Dioxin (2,3,7,8-TCDD)

Zero

3 x 10-8

Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

38. Diquat

0.02

0.02

Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.

39. Endothall

0.1

0.1

Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.

40. Endrin

0.002

0.002

Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.

41. Ethylene dibromide

Zero

0.00005

Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.

42. Glyphosate

0.7

0.7

Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.

43. Heptachlor

Zero

0.0004

Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.

44. Heptachlor epoxide

Zero

0.0002

Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.

45. Hexachlorobenzene

Zero

0.001

Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.

46. Hexachlorocyclopentadiene

0.05

0.05

Some people who drink water containing hexachlorocyclopentadie ne well in excess of the MCL over many years could experience problems with their kidneys or stomach.

47. Lindane

0.0002

0.0002

Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.

48. Methoxychlor

0.04

0.04

Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.

49. Oxamyl (Vydate)

0.2

0.2

Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.

50. Pentachlorophenol

Zero

0.001

Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.

51. Picloram

0.5

0.5

Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.

52. Polychlorinated biphenyls (PCBs)

Zero

0.0005

Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.

53. Simazine

0.004

0.004

Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.

54. Total Per- and Polyfluoroalkyl Substances (PFAS)

0.000020

Studies have shown certain PFAS can cause negative health effects, including higher cholesterol levels, lower infant birth weights, weakened immune response, and an increased risk of some cancers, including prostate, kidney, and testicular cancers.

55. Toxaphene

Zero

0.003

Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.

F. Volatile Organic Chemicals (VOCs)

56. Benzene

Zero

0.005

Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.

57. Carbon tetrachloride

Zero

0.005

Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

58. Chlorobenzene (monochlorobenzene)

0.1

0.1

Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys

59. o-Dichlorobenzene

0.6

0.6

Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.

60. p-Dichlorobenzene

0.075

0.075

Some people who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.

61. 1,2-Dichloroethane

Zero

0.005

Some people who drink water containing 1,2-dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.

62. 1,1-Dichloroethylene

0.007

0.007

Some people who drink water containing 1,1-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

63. cis-1,2-Dichloroethylene

0.07

0.07

Some people who drink water containing cis-1,2-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

64. trans-1,2- Dichloroethylene

0.1

0.1

Some people who drink water containing trans-1,2-dichloroethylene well in excess of the MCL over many years could experience problems with their liver.

65. Dichloromethane

Zero

0.005

Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.

66. 1,2-Dichloropropane

Zero

0.005

Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.

67. Ethylbenzene

0.7

0.7

Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.

68. Styrene

0.1

0.1

Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.

69. Tetrachloroethylene

Zero

0.005

Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.

70. Toluene

1

1

Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.

71. 1,2,4-Trichlorobenzene

0.07

0.07

Some people who drink water containing 1,2,4-trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.

72. 1,1,1-Trichloroethane

0.2

0.2

Some people who drink water containing 1,1,1-trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.

73. 1,1,2-Trichloroethane

0.003

0.005

Some people who drink water containing 1,1,2-trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.

74. Trichloroethylene

Zero

0.005

Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

75. Vinyl chloride

Zero

0.002

Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.

76. Xylenes (total)

10

10

Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.

G. Radioactive Contaminants

77. Beta/photon emitters

Zero

4 mrem/yr15

Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.

78. Alpha emitters (Gross alpha)

Zero

15 pCi/L17

Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.

79. Combined radium (226 & 228)

Zero

5 pCi/L

Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.

80. Uranium16

Zero

30 µg/L

Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.

H. Disinfection Byproducts (DBPs), Byproduct Precursors, and Disinfectant Residuals: Where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). EPA also sets standards for controlling the levels of disinfectants and DBPs in drinking water, which include trihalomethanes (THMs) and haloacetic acids (HAAs).18

81. Total trihalomethanes (TTHMs)

N/A

0.08019,20

Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer.

82. Haloacetic Acids (HAA5)

N/A

0.06021

Some people who drink water containing HAAs in excess of the MCL over many years may have an increased risk of developing cancer.

83. Bromate

Zero

0.010

Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of developing cancer.

84. Chlorite

0.8

1.0

Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant mothers who drink water containing chlorite in excess of the MCL. Some people may experience anemia.

85. Chlorine

4 (MRDLG)22

4.0 (MRDL)23

Some people who contact drinking water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.

86. Chloramines

4 (MRDLG)

4.0 (MRDL)

Some people who contact drinking water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.

87a. Chlorine dioxide, where any 2 consecutive daily samples taken at the entrance to the distribution system are above the MRDL

0.8 (MRDLG)

0.8 (MRDL)

Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant mothers who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

Add for public notification only: The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.

87b. Chlorine dioxide, where one (1) or more distribution system sample(s) are above the MRDL

0.8 (MRDLG)

0.8 (MRDL)

Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant mothers who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

Add for public notification only: The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure.

88. Control of DBP precursors (TOC)

None

TT

Total organic carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection by products. These byproducts include trihalomethanes (THMs) and haloacetic acids (HAAs), which may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.

I. Other Treatment Techniques

89. Acrylamide

Zero

TT

Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.

90. Epichlorohydrin

Zero

TT

Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.

J. Algal Toxins

91. Microcystin

0.3-1.6 microgram/liter (do not drink)

20 micrograms/lit er (do not use)

Consuming water containing algal toxins may result in abnormal liver function, diarrhea, vomiting, nausea, numbness or dizziness. Seek medical attention if you feel you have been exposed to algal toxins and are having adverse health effects. Skin contact with contaminated water can cause irritation or rashes. Algal toxins may pose a special health risk for young children, pregnant women, nursing mothers, those with pre-existing liver conditions, people with compromised immune systems, medically fragile individuals and pets. Contact a veterinarian immediately if pets or livestock show signs of illness.

92. Cylindrospermopsin

1 microgram/liter (do not drink)

20 micrograms/lit er (do not use)

Consuming water containing algal toxins may result in abnormal liver function, diarrhea, vomiting, nausea, numbness or dizziness. Seek medical attention if you feel you have been exposed to algal toxins and are having adverse health effects. Skin contact with contaminated water can cause irritation or rashes. Algal toxins may pose a special health risk for young children, pregnant women, people with compromised immune systems, medically fragile individuals and pets. Contact a veterinarian immediately if pets or livestock show signs of illness.

93. Anatoxin-a

20 micrograms/lit er (do not drink)

300 micrograms/lit er (do not use)

Consuming water containing algal toxins may result in abnormal liver function, diarrhea, vomiting, nausea, numbness or dizziness. Seek medical attention if you feel you have been exposed to algal toxins and are having adverse health effects. Skin contact with contaminated water can cause irritation or rashes. Algal toxins may pose a special health risk for young children, pregnant women, people with compromised immune systems, medically fragile individuals and pets. Contact a veterinarian immediately if pets or livestock show signs of illness.

94. Saxitoxin

0.2 micrograms/lit er (do not drink)

3 micrograms/lit er (do not use)

Consuming water containing algal toxins may result in abnormal liver function, diarrhea, vomiting, nausea, numbness or dizziness. Seek medical attention if you feel you have been exposed to algal toxins and are having adverse health effects. Skin contact with contaminated water can cause irritation or rashes. Algal toxins may pose a special health risk for young children, pregnant women, people with compromised immune systems, medically fragile individuals and pets. Contact a veterinarian immediately if pets or livestock show signs of illness.

B. Appendix B - Endnotes
1. MCLG-Maximum contaminant level goal.
2. MCL-Maximum contaminant level.
3. For PWS analyzing at least 40 samples per month, no more than 5.0 percent of the monthly samples may be positive for total coliforms. For PWSs analyzing fewer than 40 samples per month, no more than one (1) sample per month may be positive for total coliforms.
4. There are various regulations that set turbidity standards for different types of PWSs, including 40 C.F.R. § 141.13, the 1989 Surface Water Treatment Rule, the 1998 Interim Enhanced Surface Water Treatment Rule, and the 2001 Long Term 1 Enhanced Surface Water Treatment Rule. The MCL for the monthly turbidity average is 1 NTU; the MCL for the 2-day average is 5 NTU for PWSs that are required to filter but have not yet installed filtration (40 C.F.R. § 141.13).
5. NTU-Nephelometric turbidity unit.
6. There are various regulations that set turbidity standards for different types of PWSs, including 40 C.F.R. § 141.13, the 1989 Surface Water Treatment Rule, the 1998 Interim Enhanced Surface Water Treatment Rule, and the 2001 Long Term 1 Enhanced Surface Water Treatment Rule. PWSs subject to the Surface Water Treatment Rule (both filtered and unfiltered) may not exceed 5 NTU. In addition, in filtered PWSs, 95 percent of samples each month must not exceed 0.5 NTU in PWSs using conventional or direct filtration and must not exceed 1 NTU in PWSs using slow sand or diatomaceous earth filtration or other filtration technologies approved by the Director.
7. TT-Treatment technique.
8. There are various regulations that set turbidity standards for different types of PWSs, including 40 C.F.R. § 141.13, the 1989 Surface Water Treatment Rule (SWTR), the 1998 Interim Enhanced Surface Water Treatment Rule (IESWTR) and the 2001 Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR). For PWSs subject to the IESWTR (PWSs serving at least 10,000 people, using surface water or groundwater under the direct influence of surface water), that use conventional filtration or direct filtration, after January 1, 2002, the turbidity level of a PWS's combined filter effluent may not exceed 0.3 NTU in at least 95 percent of monthly measurements, and the turbidity level of a PWS's combined filter effluent must not exceed 1 NTU at any time. PWSs subject to the IESWTR using technologies other than conventional, direct, slow sand, or diatomaceous earth filtration must meet turbidity limits set by the Director. For PWSs subject to the LT1ESWTR (PWSs serving fewer than 10,000 people, using surface water or groundwater under the influence of surface water) that use conventional or direct filtration, after January 1, 2005 the turbidity level of a PWS's combined filter effluent may not exceed 0.3 NTU in at least 95 percent of monthly measurements, and the turbidity level of a PWS's combined filter effluent must not exceed 1 NTU at any time. PWSs subject to the LT1ESWTR using technologies other than conventional, direct, slow sand, or diatomaceous earth filtration must meet turbidity limits set by the Director.
9. The bacteria detected by heterotrophic plate count (HPC) are not necessarily harmful. HPC is simply an alternative method of determining disinfectant residual levels. The number of such bacteria is an indicator of whether there is enough disinfectant in the distribution system.
10. SWTR, IESWTR and LT1ESWTR treatment technique violations that involve turbidity exceedances may use the health effects language for turbidity instead.
11. These arsenic values (MCL, MCLG) are effective January 23, 2006. Until then, the MCL is 0.05 mg/L and there is no MCLG.
12. Millions of fibers per liter.
13. Action Level=0.015 mg/L.
14. Action Level=1.3 mg/L.
15. Millirems per year
16. The uranium MCL is effective December 8, 2003 for all community PWS.
17. Picocuries per liter.
18. Surface water systems and groundwater systems under the direct influence of surface water are regulated under § 1.6 of this Part. § 1.6 of this Part community and non-transient non-community PWS serving [GREATER THAN OR EQUAL TO]10,000 must comply with § 1.8 of this Part DBP MCLs and disinfectant maximum residual disinfectant levels (MRDLs) beginning January 1, 2002. All other community and non-transient non-community PWS must comply with subpart L DBP MCLs and disinfectant MRDLs beginning January 1, 2004. § 1.6 transient non-community PWS serving [GREATER THAN OR EQUAL TO]10,000 that use chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. All other transient non-community PWS that use chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004.
19. Community and non-transient non-community PWS must comply with § 1.7.10 of this Part TTHM and HAA5 MCLs of 0.080 mg/L and 0.060 mg/L, respectively (with compliance calculated as a locational running annual average) on the schedule in § 1.8.10(A) of this Part.
20. The MCL for total trihalomethanes is the sum of the concentrations of the individual trihalomethanes.
21. The MCL for haloacetic acids is the sum of the concentrations of the individual haloacetic acids.
22. MRDLG-Maximum residual disinfectant level goal.
23. MRDL-Maximum residual disinfectant level.
1.16.9Appendix C to § 1.16.6 of this Part
A. List of Acronyms Used in Public Notification Regulations
1. CCR - Consumer Confidence Report
2. CWS - Community Water System
3. DBP - Disinfection Byproduct
4. EPA - Environmental Protection Agency
5. GWR - Ground Water Rule
6. FBRR - Filter Backwash Recycling Rule
7. HPC - Heterotrophic Plate Count
8. IESWTR - Interim Enhanced Surface Water Treatment Rule
9. IOC - Inorganic Chemical
10. LCR - Lead and Copper Rule
11. LT1ESWTR - Long Term 1 Enhanced Surface Water Treatment Rule
12. MCL - Maximum Contaminant Level
13. MCLG - Maximum Contaminant Level Goal
14. MRDL - Maximum Residual Disinfectant Level
15. MRDLG - Maximum Residual Disinfectant Level Goal
16. NCWS - Non-Community Water System
17. NPDWR - National Primary Drinking Water Regulation
18. NTNCWS - Non-Transient Non-Community Water System
19. NTU - Nephelometric Turbidity Unit
20. OGWDW - Office of Ground Water and Drinking Water
21. OW - Office of Water
22. PN - Public Notification
23. PWS - PWS
24. SDWA - Safe Drinking Water Act
25. SMCL - Secondary Maximum Contaminant Level
26. SOC - Synthetic Organic Chemical
27. SWTR - Surface Water Treatment Rule
28. TCR - Total Coliform Rule
29. TT - Treatment Technique
30. TWS - Transient Non-Community Water System
31. VOC - Volatile Organic Chemical
1.16.10Records
A. Records of analyses shall be maintained by the water purveyor. The records of each sample analyzed to comply with this Part shall contain the following information:
1. The time, date and place of sampling and the name of the sample collector;
2. The sampling point and the reason for collection;
3. Date analysis started and completion date if more than one (1) day is needed;
4. Name of laboratory and person responsible for performing the analysis;
5. The analytical technique or method used;
6. The results of the analysis.
B. Records of microbiological examinations shall be readily available for at least five (5) years.
C. Records of organic and inorganic chemical, radiological and turbidity analyses shall be readily available for at least ten (10) years.
D. Any written document relating to a sanitary survey of a PWS shall be kept for at least ten (10) years. Records of action taken to correct a violation of this Part shall be kept for at least three (3) years after the last action taken with respect to the particular violation involved.
E. Records concerning a variance or exemption granted to a PWS shall be kept for at least five (5) years following the expiration date of such variance or exemption.
F. Copies of monitoring plans developed pursuant to this Part shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under this Section, except as specified elsewhere in this Part.
1.16.11Consumer Confidence Reports
A. Purpose and Applicability of this Subpart
1. This subpart establishes the minimum requirements for the content of annual reports that community PWS must deliver to their customers. These reports must contain information on the quality of the water delivered by the PWSs and characterize the risks (if any) from exposure to contaminants detected in the drinking water in an accurate and understandable manner.
2. Notwithstanding the provisions of § 1.3 of this Part, this subpart applies only to community PWS.
3. For the purpose of this subpart, customers are defined as billing units or service connections to which water is delivered by a community PWS.
4. For the purpose of this subpart, detected means: at or above the levels prescribed by § 1.16.1 of this Part for inorganic contaminants, at or above the levels prescribed by § 1.16.2(B)(22)(g) of this Part for the contaminants listed in § 1.16.2(B) of this Part, at or above the levels prescribed by § 1.16.2(A)(17) of this Part for the contaminants listed in § 1.16.2(A) of this Part, at or above the levels prescribed by § 1.8.4 of this Part for the contaminants or contaminant groups listed in § 1.8.1(A) of this Part, and at or above the levels prescribed by § 1.21 of this Part for radioactive contaminants.
B. Effective Dates
1. Each existing community PWS must deliver a consumer confidence report by July 1, 2000, and subsequent reports by July 1 annually thereafter. The first report must contain data collected during, or prior to, calendar year 1999 as prescribed in § 1.16.11(C)(4)(c) of this Part. Each report thereafter must contain data collected during, or prior to, the previous calendar year.
2. A new community PWS must deliver its first report by July 1 of the year after its first full calendar year in operation and annually thereafter.
3. A community PWS that sells water to another community PWS must deliver the applicable information required in § 1.16.11(C) of this Part, to the buyer PWS:
a. No later than April 1, 2000, and by April 1 annually thereafter; or
b. On a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.
C. Content of the Reports
1. Each community PWS must provide to its customers an annual report that contains the information specified in this Section and § 1.16.12 of this Part.
2. Information on the source of the water delivered:
a. Each report must identify the source(s) of the water delivered by the community PWS by providing information on:
(1) The type of the water: e.g., surface water, groundwater; and
(2) The commonly used name (if any) and location of the body (or bodies) of water.
b. If a source water assessment has been completed, the report must notify consumers of the availability of this information and the means to obtain it. In addition, PWSs are encouraged to highlight in the report significant sources of contamination in the source water area if they have readily available information. Where a PWS has received a source water assessment from the Director, the report must include a brief summary of the PWS's susceptibility to potential sources of contamination, using language provided by the Director or written by the operator.
3. Definitions:
a. Each report must include the following definitions:
(1) Maximum Contaminant Level Goal or MCLG: The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.
(2) Maximum Contaminant Level or MCL: The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.
b. A report for a community PWS operating under a variance or an exemption issued under § 1.15 of this Part (excepting a variance pursuant to the requirements of § 1.4 of this Part - New Water Sources) must include the following definition: Variances and Exemptions: State or EPA permission not to meet an MCL or a treatment technique under certain conditions.
c. A report that contains data on contaminants that EPA regulates using any of the following terms must include the applicable definitions:
(1) Treatment Technique: A required process intended to reduce the level of a contaminant in drinking water.
(2) Action Level: The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a PWS must follow.
(3) Maximum residual disinfectant level goal or MRDLG: The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
(4) Maximum residual disinfectant level or MRDL: The highest level of a disinfectant allowed in drinking water. There is convincing evidence that the addition of a disinfectant is necessary for control of microbial contaminants.
4. Information on Detected Contaminants:
a. This Subsection specifies the requirements for information to be included in each report for contaminants subject to mandatory monitoring (except Cryptosporidium). It applies to:
(1) Contaminants subject to a MCL, action level, maximum residual disinfectant level, or treatment technique (regulated contaminants).
(2) Contaminants for which monitoring is required by 40 C.F.R. § 141.40 (unregulated contaminants); and
(3) Disinfection byproducts or microbial contaminants for which monitoring is required by the Information Collection Rule, 40 C.F.R. §§ 141.142 and 141.143 except as provided under § 1.16.11(C)(5)(a) of this Part, and which are detected in the finished water.
b. The data relating to these contaminants must be displayed in one
(1) table or in several adjacent tables. Any additional monitoring results which a community PWS chooses to include in its report must be displayed separately.
c. The data must be derived from data collected to comply with EPA and State monitoring, and analytical requirements during calendar year 1999 for the first report and subsequent calendar years thereafter except that:
(1) Where a PWS is allowed to monitor for regulated contaminants less often than once a year, the table(s) must include the date and results of the most recent sampling and the report must include a brief statement indicating that the datum presented in the report are from the most recent testing done in accordance with the regulations. No data older than five (5) years need be included.
(2) Results of monitoring in compliance with the Information Collection Rule, 40 C.F.R. §§ 141.142 and 141.143 need only be included for than five (5) years from the date of last sample or until any of the detected contaminants becomes regulated and subject to routine monitoring requirements, whichever comes first.
d. For detected regulated contaminants (listed in § 1.16.13 of this Part), the table(s) must contain:
(1) The MCL for that contaminant expressed as a number equal to or greater than 1.0 (as provided in § 1.16.13 of this Part);
(2) The MCLG for that contaminant expressed in the same units as the MCL;
(3) If there is no MCL for a detected contaminant, the table must indicate that there is a treatment technique, or specify the action level, applicable to that contaminant, and the report must include the definitions for treatment technique and/or action level, as appropriate, specified in § 1.16.11(C)(3)(c) of this Part;
(4) For contaminants subject to an MCL, except turbidity and E. coli, the highest contaminant level used to determine compliance with the MCL and the range of detected levels, as follows. When rounding of results to determine compliance with the MCL is allowed by the regulations, rounding should be done prior to multiplying the results by the factor listed in § 1.16.13 of this Part;
(AA) When compliance with the MCL is determined annually or less frequently: The highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL.
(BB) When compliance with the MCL is determined by calculating a running annual average of all samples taken at a monitoring location: the highest average of any of the monitoring locations and the range of all monitoring locations expressed in the same units as the MCL. For the MCLs for TTHM and HAA5 in § 1.8 of this Part, PWSs must include the highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than one location exceeds the TTHM or HAA5 MCL, the PWS must include the locational running annual averages for all locations that exceed the MCL.
(CC) When compliance with the MCL is determined on a PWS wide basis by calculating a running annual average of all samples at all monitoring locations: the average and range of detection expressed in the same units as the MCL. The PWS is required to include individual sample results for the IDSE conducted under § 1.8.9 of this Part when determining the range of TTHM and HAA5 results to be reported in the annual consumer confidence report for the calendar year that the IDSE samples were taken.
(5) For turbidity
(AA) When it is reported pursuant to § 1.16.3 of this Part: The highest average monthly value.
(BB) When it is reported pursuant to the requirements of § 1.6.2 of this Part: the highest monthly value. The report should include an explanation of the reasons for measuring turbidity.
(CC) When it is reported pursuant to § 1.6.4 of this Part: The highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in § 1.6.4 of this Part, for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity.
(6) For lead and copper: the 90th percentile value of the most recent round of sampling and the number of sampling sites exceeding the action level.
(7) For E. coli analytical results under § 1.16.4 of this Part: the number of positive samples.
e. If a community PWS distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, the table should contain a separate column for each service area and the report should identify each separate distribution system. Alternatively, PWSs could produce separate reports tailored to include data for each service area.
f. The table(s) must clearly identify any data indicating violations of MCLs, MRDLs, or treatment techniques and the report must contain a clear and readily understandable explanation of the violation including: the length of the violation, the potential adverse health effects and actions taken by the PWS to address the violation. To describe the potential health effects, the PWS must use the relevant language of § 1.16.13 of this Part.
g. For detected unregulated contaminants for which monitoring is required (except Cryptosporidium), the table(s) must contain the average and range at which the contaminant was detected. The report may include a brief explanation of the reasons for monitoring for unregulated contaminants.
5. Information on Cryptosporidium, Radon, and Other Contaminants:
a. If the PWS has performed any monitoring for Cryptosporidium, including monitoring performed to satisfy the requirements of [RESERVED for future rulemaking 40 C.F.R. § 141.143 equivalent], which indicates that Cryptosporidium may be present in the source water or the finished water, the report must include:
(1) A summary of the results of the monitoring; and
(2) An explanation of the significance of the results.
b. If the PWS has performed any monitoring for radon which indicates that radon may be present in the finished water, the report must include:
(1) The results of the monitoring; and
(2) An explanation of the significance of the results.
c. If the PWS has performed additional monitoring which indicates the presence of other contaminants in the finished water, the PWS is strongly encouraged to report any results which may indicate a health concern. To determine if results may indicate a health concern, it is recommended that PWSs find out if EPA has proposed an NPDWR or issued a health advisory for that contaminant by calling the Safe Drinking Water Hotline (800-426-4791). Detects above a proposed MCL or health advisory level are considered to indicate possible health concerns. For such contaminants, it is recommended that the report include:
(1) The results of the monitoring; and
(2) An explanation of the significance of the results noting the existence of a health advisory or a proposed regulation.
6. Compliance with NPDWR: In addition to the requirements of § 1.16.11(C)(4) of this Part, the report must note any violation that occurred during the year covered by the report of a requirement listed below, and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the PWS has taken to correct the violation.
a. Monitoring and reporting of compliance data;
b. Filtration and disinfection prescribed by § 1.6 of this Part. For PWSs which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes which constitutes a violation, the report must include the following language as part of the explanation of potential adverse health effects: Inadequately treated water may contain disease causing organisms. These organisms include bacteria, viruses and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches;
c. Lead and copper control requirements prescribed by § 1.7 of this Part. For PWSs which fail to take one (1) or more actions prescribed by §§ 1.7.1(D), 1.7.2, 1.7.3, 1.7.4 or 1.7.5 of this Part, the report must include the applicable language of § 1.16.13 of this Part, for lead, copper, or both;
d. Treatment techniques for Acrylamide and Epichlorohydrin prescribed by § 1.16.2(D) of this Part. For PWSs which violate the requirements of § 1.16.2(D) of this Part, the report must include the relevant language from § 1.16.13 of this Part;
e. Recordkeeping of Compliance Data;
f. Special monitoring requirements prescribed by §§ 1.16.1(P) of this Part; and g. Violation of the terms of a variance, an exemption, or an administrative or judicial order.
7. Variances and Exemptions: If a PWS is operating under the terms of a variance or an exemption issued under 42 U.S.C. §§ 300g 4 or 300g5, the report must contain:
a. An explanation of the reasons for the variance or exemption;
b. The date on which the variance or exemption was issued;
c. A brief status report on the steps the PWS is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and
d. A notice of any opportunity for public input in the review, or renewal, of the variance or exemption.
8. Additional Information
a. The report must contain a brief explanation regarding contaminants which may reasonably be expected to be found in drinking water including bottled water. This explanation may include the language of §§ 1.16.11(C)(8)(a)((1)) through ((3)) of this Part, or PWSs may use their own comparable language. The report also must include the language of § 1.16.11(C)(8)(a)((4)) of this Part.
(1) The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.
(2) Contaminants that may be present in source water include:
(AA) Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.
(BB) Inorganic contaminants, such as salts and metals, which can be naturally occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.
(CC) Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban storm water runoff and residential uses.
(DD) Organic chemical contaminants, including synthetic and volatile organic chemicals, which are byproducts of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff and septic systems.
(EE) Radioactive contaminants, which can be naturally-occurring or be the result of oil and gas production and mining activities.
(3) In order to ensure that tap water is safe to drink, EPA prescribes regulations which limit the amount of certain contaminants in water provided by PWSs. FDA regulations establish limits for contaminants in bottled water which must provide the same protection for public health.
(4) Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's Safe Drinking Water Hotline (800-426-4791).
b. The report must include the telephone number of the owner, operator, or designee of the community PWS as a source of additional information concerning the report.
c. In communities with a large proportion of non-English speaking residents, as determined by the Director, the report must contain information in the appropriate language(s) regarding the importance of the report or contain a telephone number or address where such residents may contact the PWS to obtain a translated copy of the report or assistance in the appropriate language.
d. The report must include information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water.
e. The PWS may include such additional information as they deem necessary for public education consistent with, and not detracting from, the purpose of the report.
f. PWS required to comply with § 1.13 of this Part.
(1) Any groundwater PWS that receives notice from the Director of a significant deficiency or notice from a laboratory of a fecal indicator-positive groundwater source sample that is not invalidated by the Director under § 1.13.3(D) of this Part, must inform its customers of any significant deficiency that is uncorrected at the time of the next report or of any fecal indicator-positive groundwater source sample in the next report. The PWS must continue to inform the public annually until the Director determines that particular significant deficiency is corrected or the fecal contamination in the groundwater source is addressed under § 1.13.4(A) of this Part. Each report must include the following elements:
(AA) The nature of the particular significant deficiency or the source of the fecal contamination (if the source is known) and the date the significant deficiency was identified by the Director or the dates of the fecal indicator-positive groundwater source samples;
(BB) If the fecal contamination in the groundwater source has been addressed under § 1.13.4(A) of this Part, and the date of such action;
(CC) For each significant deficiency or fecal contamination in the groundwater source that has not been addressed under § 1.13.4(A) of this Part, the Director-approved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed; and
(DD) If the PWS receives notice of a fecal indicator-positive groundwater source sample that is not invalidated by the Director under § 1.13.3(D) of this Part, the potential health effects using the health effects language of § 1.16.13 of this Part.
(2) If directed by the Director, a PWS with significant deficiencies that have been corrected before the next report is issued must inform its customers of the significant deficiency, how the deficiency was corrected, and the date of correction under § 1.16.11(C)(8)(f)((1)) of this Part.
g. PWS required to comply with § 1.16.4 of this Part.
(1) Any PWS required to comply with the Level 1 assessment requirement or a Level 2 assessment requirement that is not due to an E. coli MCL violation must include in the report the text found in §§ 1.16.11(C)(8)(g)((1))((AA)) through ((CC)) of this Part as appropriate, filling in the blanks accordingly and the text found in §§ 1.16.11(C)(8)(g)((3)) of this Part, if appropriate.
(AA) Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.
(BB) During the past year we were required to conduct [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] Level 1 assessment(s). [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] Level 1 assessment(s) were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.
(CC) During the past year [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] Level 2 assessments were required to be completed for our water system. [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] Level 2 assessments were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.
(2) Any PWS that has failed to complete all the required assessments or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one or both of the following statements, as appropriate:
(AA) During the past year we failed to conduct all of the required assessment(s).
(BB) During the past year we failed to correct all identified defects that were found during the assessment.
(3) Any PWS required to conduct a Level 2 assessment due to an E. coli MCL violation must include in the report the text found in §§ 1.16.11(C)(8)(g)((3))((AA)) through ((BB)) of this Part, filling in the blanks accordingly and the text found in §§ 1.16.11(C)(8)(g)((5))((AA)) through ((DD)) of this Part, if appropriate.
(AA) E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We found E. coli bacteria, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.
(BB) We were required to complete a Level 2 assessment because we found E. coli in our water system. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.
(4) Any PWS that has failed to complete the required assessment or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one or both of the following statements, as appropriate:
(AA) We failed to conduct the required assessment.
(BB) We failed to correct all sanitary defects that were identified during the assessment that we conducted.
(5) If a PWS detects E. coli and has violated the E. coli MCL, in addition to completing the table as required in § 1.16.11(C)(4)(d) of this Part, the PWS must include one or more of the following statements to describe any noncompliance, as applicable:
(AA) We had an E. coli-positive repeat sample following a total coliform-positive routine sample.
(BB) We had a total coliform-positive repeat sample following an E. coli-positive routine sample.
(CC) We failed to take all required repeat samples following an E. coli-positive routine sample.
(DD) We failed to test for E. coli when any repeat sample tests positive for total coliform.
(6) If a PWS detects E. coli and has not violated the E. coli MCL, in addition to completing the table as required in § 1.16.11(C)(4)(d) of this Part, the PWS may include a statement that explains that although they have detected E. coli, they are not in violation of the E. coli MCL.
1.16.12Required Additional Health Information for CCRs
A. All reports must prominently display the following language: Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791).
B. Ending in the report due by July 1, 2001, a PWS which detects arsenic at levels above 0.025 mg/L, but below the 0.05 mg/L, and beginning in the report due by July 1, 2002, a PWS that detects arsenic above 0.005 mg/L and up to and including 0.010 mg/L:
1. Must include in its report a short informational statement about arsenic, using language such as: While your drinking water meets EPA's standard for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the costs of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.
2. May write its own educational statement, but only in consultation with the Director.
C. A PWS which detects nitrate at levels above five (5) mg/L but below the MCL:
1. Must include a short informational statement about the impacts of nitrate on children using language such as: Nitrate in drinking water at levels above ten (10) ppm is a health risk for infants of less than six (6) months of age. High nitrate levels in drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant, you should ask advice from your health care provider.
2. May write its own educational statement, but only in consultation with the Director.
D. Every report must include the following lead-specific information:
1. A short informational statement about lead in drinking water and its effects on children. The statement must include the following information: If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. [NAME OF UTILITY] is responsible for providing high quality drinking water but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for thirty (30) seconds to two (2) minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.
2. A PWS may write its own educational statement, but only in consultation with the Director.
E. Beginning in the report due by July 1, 2003 and ending January 22, 2006, a community PWS that detects arsenic above 0.010 mg/L and up to and including 0.05 mg/L must include the arsenic health effects language prescribed by § 1.16.8 of this Part.
F. Each community PWS which exceeds an algal toxin MCL established in § 1.6.10 of this Part in a sample collected at finished water sampling point in a weekly, resample or repeat sample, or a distribution sampling point collected within their own community PWS in accordance with § 1.6.10 of this Part shall include the following in the consumer confidence report:
1. The algal toxin action level.
2. The range of levels detected and highest single measurement of algal toxin concentration in samples collected at finished water sampling points and distribution sampling points.
3. Information regarding the major source of the contaminant: "Produced by some naturally occurring cyanobacteria, also known as blue-green algae, which under certain conditions (i.e., high nutrient concentration and high light intensity) may produce algal toxins."
4. Standard health effects language in § 1.16.13 of this Part.
G. Report Delivery and Recordkeeping
1. Except as provided in § 1.16.12(G)(8) of this Part, each community PWS must mail or otherwise directly deliver one (1) copy of the report to each customer.
2. The PWS must make a good faith effort to reach consumers who do not get water bills, using means recommended by the Director. It is expected that an adequate good faith effort will be tailored to the consumers who are served by the PWS but are not bill-paying customers, such as renters or workers. A good faith effort to reach consumers would include a mix of methods appropriate to the particular PWS such as: Posting the reports on the Internet; mailing to postal patrons in metropolitan areas; advertising the availability of the report in the news media; publication in a local newspaper; posting in public places such as cafeterias or lunch rooms of public buildings; delivery of multiple copies for distribution by single-biller customers such as apartment buildings or large private employers; delivery to community organizations.
3. No later than the date the PWS is required to distribute the report to its customers, each community PWS must mail a copy of the report to the Director, followed within three (3) months by a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the Director.
4. No later than the date the PWS is required to distribute the report to its customers, each community PWS must deliver the report to any other agency or clearinghouse identified by the Director.
5. Each community PWS must make its reports available to the public upon request.
6. Each community PWS serving 100,000 or more persons must post its current year's report to a publicly-accessible web site on the Internet.
7. Any PWS subject to this § 1.16.12 of this Part must retain copies of its consumer confidence report for no less than three (3) years.
8. Special Delivery Requirement for Community PWS Serving a Population of 10,000 or More. Any community PWS serving a population of 10,000 or more shall directly deliver a full copy of the Consumer Confidence Report to each household within the PWS's service area that receives water from that PWS. The method of delivery shall be determined by the PWS but can include delivery via either:
a. Postal patron mailing; or
b. A community newsletter that is directly delivered to each household; or
c. A community calendar that is directly delivered to each household; or
d. Any other method that will directly reach each household within the PWS's service area that receives water from that PWS.
e. In the event that within the service area there are buildings with five (5) or more residential units, the PWS will not be required to deliver directly to each of these units. Instead, the PWS shall mail multiple copies of the report to building manager or other appropriate individual, noting that the reports should be distributed to residents and/or posted in a common area. Additionally, colleges and universities will be exempted from § 1.16.12(G)(8) of this Part.
1.16.13Appendix A to § 1.16.12 - Regulated Contaminants

Contaminant (units)

Traditional MCL in mg/L

To convert for CCR, multiply by

MCL in CCR units

MCLG

Major sources in drinking water

Health effects language

Microbiological contaminants:

Total Coliform Bacteria

TT

TT

N/A

Naturally present in the environment

Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.

E. Coli

0

0

0

Human and animal fecal waste

E. Coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes.

Microbes in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely-compromised immune systems.

Fecal Indicators (enterococci or coliphage)

TT

TT

N/A

Human and animal fecal waste

Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes.

Microbes in these wastes can cause short-term health effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

Total organic carbon (ppm)

TT

TT

N/A

Naturally present in the environment

Total organic carbon (TOC) has no health effects.

However, total organic carbon provides a medium for the formation of disinfection by products. These byproducts include trihalomethan es (THMs) and haloacetic acids (HAAs). Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.

Turbidity (NTU)

TT

TT

N/A

Soil runoff

Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.

Radioactive contaminants Beta/photon emitters (mrem/yr.)

4 mrem/yr.

4

0

Decay of natural and man-made deposits

Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon radioactivity in excess of the MCL over many years may have an increased risk of getting cancer.

Alpha emitters (pCi/l)

15 pCi/l

15

0

Erosion of natural deposits

Certain minerals are radioactive and may emit a form of radiation known as alpha radiation.

Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.

Combined radium (pCi/l)

5 pCi/l

5

0

Erosion of natural deposits

Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.

Uranium (µg/L)

0.030

1000

30

0

Erosion of natural deposits

Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.

Inorganic contaminants:

Antimony (ppb)

0.006

1000

6

6

Discharge from petroleum refineries; fire retardants;

Some people who drink water containing antimony well in excess of

ceramics; electronics; solder

the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.

Arsenic (ppb)

1 0.010

1000

101

01

Erosion of natural deposits; Runoff from orchards; Runoff from glass and electronics production wastes

Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.

Asbestos (MFL)

7 MFL

7

7

Decay of asbestos cement water mains; Erosion of natural deposits

Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.

Barium (ppm)

2

2

2

Discharge of drilling wastes; Discharge from metal refineries; Erosion of natural deposits

Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.

Beryllium (ppb)

0.004

1000

4

4

Discharge from metal refineries and coal- burning factories; Discharge from electrical, aerospace, and defense industries

Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.

Cadmium (ppb)

0.005

1000

5

5

Corrosion of galvanized pipes; Erosion of natural deposits; Discharge from metal refineries; Runoff from waste batteries and paints

Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.

Chromium (ppb)

0.1

1000

100

100

Discharge from steel and pulp mills;

Erosion of natural deposits

Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.

Copper (ppm)

AL=1.3

AL =1. 3

1.3

Corrosion of household plumbing systems; Erosion of natural deposits; Leaching from wood preservativ es

Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestin al distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson's Disease should consult their personal doctor.

Cyanide (ppb)

0.2

1000

200

200

Discharge from steel/metal factories Discharge from plastic and fertilizer factories

Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.

Fluoride (ppm)

4

4

4

Erosion of natural deposits; Water additive which promotes strong teeth; Discharge from fertilizer and aluminum factories

Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones. Fluoride in drinking water at half the MCL or more may cause mottling of children's teeth, usually in children less than nine (9) years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums.

Lead (ppb)

AL=0.015

1000

AL =1 5

0

Corrosion of household plumbing systems; Erosion of natural deposits

Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.

Mercury [inorganic] (ppb)

0.002

1000

2

2

Erosion of natural deposits; Discharge from refineries and factories; Runoff from landfills; Runoff from cropland

Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.

Nitrate (ppm)

10

10

10

Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits

Infants below the age of six (6) months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

Nitrite (ppm)

1

1

1

Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits

Infants below the age of six (6) months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

Selenium (ppb)

0.05

1000

50

50

Discharge from petroleum and metal refineries; Erosion of natural deposits; Discharge from mines

Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.

Thallium (ppb)

0.002

1000

2

0.5

Leaching from ore- processing sites; Discharge from electronics, glass, and drug factories

Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.

Synthetic organic contaminants including pesticides and herbicides:

2,4-D (ppb)

0.07

1000

70

70

Runoff from herbicide used on row crops

Some people who drink water containing the weed killer 2, 4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.

2,4,5-TP [Silvex] (ppb)

0.05

1000

50

50

Residue of banned herbicide

Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.

Acrylamide

TT

TT

0

Added to water during sewage/wastewater treatment

Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.

Alachlor (ppb)

0.002

1000

2

0

Runoff from herbicide used on row crops

Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.

Atrazine (ppb)

0.003

1000

3

3

Runoff from herbicide used on row crops

Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascula r system or reproductive difficulties.

Benzo(a) pyrene [PAH] (nanograms/l)

0.0002

1,000,000

200

0

Leaching from linings of water storage tanks and distribution lines

Some people who drink water containing benzo(a)pyre ne in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.

Carbofuran (ppb)

0.04

1000

40

40

Leaching of soil fumigant used on rice and alfalfa

Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.

Chlordane (ppb)

0.002

1000

2

0

Residue of banned termiticide

Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.

Dalapon (ppb)

0.2

1000

200

200

Runoff from herbicide used on rights of way

Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.

Di(2-ethylhexyl) adipate (ppb)

0.4

1000

400

400

Discharge from chemical factories

Some people who drink water containing di (2-ethylhexyl)adipate well in excess of the MCL over many years could experience general toxic effects or reproductive difficulties.

Di(2-ethylhexyl) phthalate (ppb).

0.006

1000

6

0

Discharge from rubber and chemical factories

Some people who drink water containing di (2-ethylhexyl) phthalate in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.

Dibromochloropr opane (ppt)

0.0002

1,000,000

200

0

Runoff/leac hing from soil fumigant used on soybeans, cotton, pineapples, and orchards

Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive problems and may have an increased risk of getting cancer.

Dinoseb (ppb)

0.007

1000

7

7

Runoff from herbicide used on soybeans and vegetables

Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.

Diquat (ppb)

0.02

1000

20

20

Runoff from herbicide use

Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.

Dioxin [2,3,7,8- TCDD] (ppq).

0.000000 03

1,000,000, 000

30

0

Emissions from waste incineration and other combustion; Discharge from chemical factories

Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

Endothall (ppb)

0.1

1000

100

100

Runoff from herbicide use

Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.

Endrin (ppb)

0.002

1000

2

2

Residue of banned insecticide

Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.

Epichlorohydrin

TT

TT

0

Discharge from industrial chemical factories; An impurity of some water treatment chemicals

Some people who drink water containing high levels of epichlorohydri n over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.

Ethylene dibromide (ppt)

0.00005

1,000,000

50

0

Discharge from petroleum refineries

Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.

Glyphosate (ppb)

0.7

1000

700

700

Runoff from herbicide use

Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.

Heptachlor (ppt)

0.0004

1,000,000

400

0

Residue of banned pesticide

Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.

Heptachlor epoxide (ppt)

0.0002

1,000,000

200

0

Breakdown of heptachlor

Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.

Hexachlorobenz ene (ppb)

0.001

1000

1

0

Discharge from metal refineries and agricultural chemical factories

Some people who drink water containing hexachlorobe nzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.

Hexachloro- cyclopentadiene (ppb)

0.05

1000

50

50

Discharge from chemical factories

Some people who drink water containing hexachlorocy clopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.

Lindane (ppt)

0.0002

1,000,000

200

200

Runoff/ leaching from insecticide used on cattle, lumber, gardens

Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.

Methoxychlor (ppb)

0.04

1000

40

40

Runoff/ leaching from insecticide used on fruits, vegetables, alfalfa, livestock

Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.

Oxamyl [Vydate] (ppb)

0.2

1000

200

200

Runoff/ leaching from insecticide used on apples, potatoes and tomatoes

Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.

PCBs

[Polychlorinated biphenyls] (ppt)

0.0005

1,000,000

500

0

Runoff from landfills;

Discharge of waste chemicals

Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.

Pentachlorophenol (ppb)

0.001

1000

1

0

Discharge from wood preserving factories

Some people who drink water containing pentachlorop henol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.

Picloram (ppb)

0.5

1000

500

500

Herbicide runoff

Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.

Simazine (ppb)

0.004

1000

4

4

Herbicide runoff

Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood

Total PFAS [Per- and Polyfluoroalkyl Substances] (ppt)

0.000020

1,000,000

20

Discharges and/or emissions from industrial, commercial, and manufacturi ng sources associated with the production or use of PFAS. The application or accidental release of fire-fighting foams (i.e. aqueous film forming foam, AFFF). Wastewater treatment discharges/ residuals and landfill leachate as a result of the use and disposal of products containing these compounds.

Studies have shown certain PFAS can cause negative health effects, including higher cholesterol levels, lower infant birth weights, weakened immune response, and an increased risk of some cancers, including prostate, kidney, and testicular cancers.

Toxaphene (ppb)

0.003

1000

3

0

Runoff/leac hing from insecticide used on cotton and cattle

Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.

Volatile organic contaminants:

Benzene (ppb)

0.005

1000

5

0

Discharge from factories; Leaching from gas storage tanks and landfills

Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.

Bromate (ppb)

0.010

1000

10

0

By-product of drinking water chlorination

Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.

Carbon tetrachloride (ppb)

0.005

1000

5

0

Discharge from chemical plants and other industrial activities

Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

Chloramines (ppm)

MRDL = 4

MRDL = 4

MRDLG = 4

Water additive used to control microbes

Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.

Chlorine (ppm)

MRDL =4

MRDL = 4

MRDLG = 4

Water additive used to control microbes

Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.

Chlorite (ppm)

1

1

0.8

By-product of drinking water chlorination

Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.

Chlorine dioxide (ppb)

MRDL = .8

1000

MRDL 800

MRD LG = 800

Water additive used to control microbes

Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

Chlorobenzene (ppb)

0.1

1000

100

100

Discharge from chemical and agricultural chemical factories

Some people who drink water containing chlorobenzen e in excess of the MCL over many years could experience problems with their liver or kidneys.

o-Dichlorobenzene (ppb)

0.6

1000

600

600

Discharge from industrial chemical factories

Some people who drink water containing o-dichlorobenze ne well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.

p-Dichlorobenzene (ppb)

0.075

1000

75

75

Discharge from industrial chemical factories

Some people who drink water containing p-dichlorobenze ne in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.

1,2-Dichloroethane (ppb)

0.005

1000

5

0

Discharge from industrial chemical factories

Some people who drink water containing 1,2-dichloroethan e in excess of the MCL over many years may have an increased risk of getting cancer.

1,1-Dichloroethylene (ppb)

0.007

1000

7

7

Discharge from industrial chemical factories

Some people who drink water containing 1,1-dichloroethyle ne in excess of the MCL over many years could experience problems with their liver.

cis-1,2-Dichloroethylene (ppb)

0.07

1000

70

70

Discharge from industrial chemical factories

Some people who drink water containing cis-1,2-dichloroethyle ne in excess of the MCL over many years could experience problems with their liver.

trans-1,2-Dichloroethylene (ppb)

0.1

1000

100

100

Discharge from industrial chemical factories

Some people who drink water containing trans-1,2-dichloroethyle ne well in excess of the MCL over many years could experience problems with their liver.

Dichloromethane (ppb)

0.005

1000

5

0

Discharge from pharmaceut ical and chemical factories

Some people who drink water containing dichlorometha ne in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.

1,2-Dichloropropane (ppb)

0.005

1000

5

0

Discharge from industrial chemical factories

Some people who drink water containing 1,2-dichloropropa ne in excess of the MCL over many years may have an increased risk of getting cancer.

Ethylbenzene (ppb)

0.7

1000

700

700

Discharge from petroleum refineries

Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.

Haloacetic Acids (HAA) (ppb)

0.060

1000

60

N/A

By-product of drinking water disinfection

Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.

Styrene (ppb)

0.1

1000

100

100

Discharge from rubber and plastic factories; Leaching from landfills

Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.

Tetrachloroethylene (ppb)

0.005

1000

5

0

Discharge from factories and dry cleaners

Some people who drink water containing tetrachloroeth ylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.

1,2,4- Trichlorobenzene (ppb)

0.07

1000

70

70

Discharge from textile-finishing factories

Some people who drink water containing 1,2,4-trichlorobenze ne well in excess of the MCL over many years could experience changes in their adrenal glands.

1,1,1- Trichloroethane (ppb)

0.2

1000

200

200

Discharge from metal degreasing sites and other factories

Some people who drink water containing 1,1,1-trichloroethan e in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.

1,1,2- Trichloroethane (ppb)

0.005

1000

5

3

Discharge from industrial chemical factories

Some people who drink water containing 1,1,2-trichloroethan e well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.

Trichloroethylene (ppb)

0.005

1000

5

0

Discharge from metal degreasing sites and other factories

Some people who drink water containing trichloroethyle ne in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

TTHMs [Total trihalomethanes] (ppb)

0.10/0.08

0

1000

100/80

N/A

By-product of drinking water chlorination

Some people who drink water containing trihalomethan es in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous systems, and may have an increased risk of getting cancer.

Toluene (ppm)

1

1

1

Discharge from petroleum factories

Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.

Vinyl Chloride (ppb)

0.002

1000

2

0

Leaching from PVC piping; Discharge from plastics factories

Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.

Xylenes (ppm)

10

10

10

Discharge from petroleum factories; Discharge from chemical factories

Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.

1 These arsenic values (MCL, MCLG) are effective January 23, 2006. Until then, the MCL is 0.05 mg/L and there is no MCLG.

A. Key:
1. AL= Action Level
2. MCL= Maximum Contaminant Level
3. MCLG= Maximum Contaminant Level Goal
4. MFL= million fibers per liter
5. MRDL= Maximum Residual Disinfectant Level
6. MRDLG= Maximum Residual Disinfectant Level Goal
7. mrem/year= millirems per year (a measure of radiation absorbed by the body)
8. N/A= Not Applicable
9. NTU= Nephelometric Turbidity Units (a measure of water clarity)
10. pCi/l= picocuries per liter (a measure of radioactivity)
11. ppm= parts per million, or milligrams per liter (mg/l)
12. ppb= parts per billion, or micrograms per liter (µg/l)
13. ppt= parts per trillion, or nanograms per liter
14. ppq= parts per quadrillion, or picograms per liter
15. TT= Treatment Technique

216 R.I. Code R. 216-RICR-50-05-1.16

Amended effective 9/18/2024