Section 290.107 - Organic Contaminants(a) Applicability. All community and nontransient, noncommunity water systems shall comply with the requirements of this section regarding organic contaminants. For purposes of this section, systems using groundwater under the direct influence of surface water shall meet the organic sampling requirements given for surface water systems.(b) Maximum contaminant levels (MCLs) for organic contaminants. The concentration of synthetic and volatile organic chemicals shall not exceed the MCLs specified in this section. (1) The following are MCLs for synthetic organic chemical (SOC) contaminants. Attached Graphic
(2) The following are MCLs for volatile organic chemical (VOC) contaminants. Attached Graphic
(3) Each public water system must certify annually to the executive director (using third-party or manufacturer's certification) that when acrylamide or epichlorohydrin are used in drinking water systems, the combination (or product) of dose and monomer level does not exceed 0.05% dosed at 1.0 milligrams per liter (mg/L) (or equivalent) for acrylamide and 0.01% dosed at 20 mg/L (or equivalent) for epichlorohydrin.(c) Monitoring requirements for organic contaminants. Public water systems shall monitor for organic contaminants at the locations and frequency in paragraphs (1) and (2) of this subsection. All monitoring conducted under the requirements of this section must be conducted at sites designated in the public water system's monitoring plan. All samples must be taken during periods of normal operation. (1) SOC monitoring requirements. Monitoring of the SOC contaminants shall be conducted at the frequency and locations given in this paragraph. (A) SOC monitoring locations. Monitoring of the SOC contaminants shall be conducted at the following locations.(i) Systems shall routinely sample at sample sites representative of each entry point to the distribution system.(ii) Subsequent samples must be taken at the same sample site unless the executive director determines that a change in conditions makes a different sample site more representative of the water available to customers.(iii) The executive director must approve any change in sampling location.(B) Initial SOC monitoring frequency. Prior to using a new source of water as drinking water, public water systems shall monitor at the frequency established by the executive director to ensure that the water distributed to customers will comply with the MCLs for SOCs.(C) Routine SOC monitoring frequency. Monitoring of the SOC contaminants shall be conducted at the following frequency.(i) Community and nontransient, noncommunity water systems shall take four consecutive quarterly samples for each SOC contaminant listed in subsection (b)(1) of this section during each compliance period beginning with the initial compliance period.(ii) Community and nontransient, noncommunity water systems serving more than 3,300 persons that do not detect a contaminant in the initial compliance period may reduce the sampling frequency at that sample site to a minimum of two consecutive quarterly samples in one year during each repeat compliance period.(iii) Community and nontransient, noncommunity water systems serving 3,300 persons or fewer that do not detect a contaminant in the initial compliance period may reduce the sampling frequency at that sample site to a minimum of one sample during each repeat compliance period.(iv) Each public water system shall monitor at the time designated by the executive director within each compliance period.(D) Increased SOC monitoring. The executive director may change the monitoring frequency for SOCs. (i) Entry points that exceed the SOC MCLs of subsection (b)(1) of this section as determined by subsection (f) of this section must be monitored quarterly. After a minimum of four quarterly samples shows the system is in compliance and the executive director determines the system is reliably and consistently below the MCL, as determined by the methods specified in subsection (f) of this section, the executive director may allow the system to monitor annually. Systems that monitor annually must monitor during the quarter that previously yielded the highest analytical result.(ii) The executive director may change the monitoring frequency if an organic SOC contaminant is detected in any sample. (I) If an organic SOC contaminant is detected in any sample, the system must monitor quarterly at each entry point to the distribution system at which a detection occurs.(II) After a system collects a minimum of two consecutive quarterly samples at a groundwater sample site, the executive director may decrease the quarterly monitoring requirement specified in subclause (I) of this clause, if the sample site is reliably and consistently below the MCL.(III) After a system collects a minimum of four consecutive quarterly samples at a surface water sample site or a groundwater under the direct influence of surface water sample site, the executive director may decrease the quarterly monitoring requirement specified in subclause (I) of this clause, if the sample site is reliably and consistently below the MCL.(IV) After the executive director determines that a sample site is reliably and consistently below the MCL, the executive director may allow the sample site to be monitored annually. Systems that monitor annually must monitor during the quarter that previously yielded the highest analytical result.(V) Sample sites that have three consecutive annual samples with no detection of a contaminant may be granted a waiver at the discretion of the executive director. The executive director will consider the waiver for each compliance period.(VI) If monitoring results in detection of one or more of certain related contaminants (i.e., heptachlor and heptachlor epoxide), then subsequent monitoring shall analyze for all related contaminants.(iii) The executive director may increase the required SOC monitoring frequency, where necessary, to detect variations within the system (e.g., fluctuations in concentration due to seasonal use, changes in water source, etc.).(iv) The executive director may require a confirmation sample for positive or negative results. If a confirmation sample is required by the executive director, the result must be averaged with the first sampling result and the average used for the compliance determination as specified in subsection (f) of this section. The executive director has discretion to delete results of obvious sampling errors from this calculation.(E) Waivers for SOC monitoring. The executive director may grant a waiver to reduce the SOC monitoring frequency from the monitoring frequency requirements of subparagraphs (B) and (C) of this paragraph, based on previous use of the contaminant within the watershed or zone of influence of the water source. Examples of use of a contaminant include transport, storage, or disposal. If a determination by the executive director reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. If the executive director cannot determine whether the contaminant has been used in the watershed or if the contaminant has been used previously, then the following factors shall be used to determine whether a waiver is granted: (i) previous analytical results;(ii) the proximity of the system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at drinking water sources, 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 insects, weeds, or pests on agricultural areas, forest lands, home and garden property, or other land application uses;(iii) the environmental persistence and transport of the pesticide herbicide or contaminant;(iv) how well the water source is protected against contamination due to such factors as depth of the well, type of soil, and the integrity of well construction. Surface water systems must consider watershed vulnerability and protection;(v) elevated nitrate levels at the water supply source; and(vi) use of polychlorinated byphenyls (PCBs) in equipment used in the production, storage, or distribution of water (i.e., PCBs used in pumps, transformers, etc.).(F) Compositing for SOC monitoring. The executive director may reduce the total number of samples required from a system for analysis by allowing the use of compositing. Composite samples from a maximum of five entry points to the distribution system are allowed. Compositing of samples must be done in the laboratory and analyzed within 14 days of sample collection. (i) If any of the SOC contaminants listed in subsection (b)(1) of this section are detected in a composite sample, then a follow-up sample must be taken from each entry point to the distribution system included in the composite and analyzed within 14 days of collection.(ii) If duplicates of the original SOC sample taken from each entry point to the distribution system used in the composite are available, the executive director may use these duplicates instead of resampling. The duplicate must be analyzed within 14 days of collection and the results reported to the executive director.(iii) Compositing may only be permitted at entry points to the distribution system within a single system.(2) VOC monitoring requirements. Monitoring of the VOC contaminants shall be conducted at the frequency and locations given in this paragraph. (A) VOC monitoring locations. Monitoring of the VOC contaminants shall be conducted at the following locations. (i) Systems shall routinely sample at sample sites representative of each entry point to the distribution system.(ii) Subsequent samples must be taken at the same sample site unless the executive director determines that a change in conditions makes a different sample site more representative of the water available to customers.(iii) The executive director must approve any change in sampling location.(B) Initial VOC monitoring frequency. Prior to using water as a drinking water source, public water systems shall monitor at the frequency established by the executive director to ensure that the water distributed to customers will comply with the MCLs for VOCs.(C) Routine VOC monitoring frequency. Monitoring of the VOC contaminants shall be conducted at the following frequency.(i) Community and nontransient, noncommunity water systems shall take four consecutive quarterly samples for each VOC contaminant listed in subsection (b)(2) of this section during each compliance period, beginning with the initial compliance period.(ii) If the initial monitoring for VOC contaminants has been completed, and the system did not detect any VOC contaminant listed in subsection (b)(2) of this section, the system shall take one sample annually beginning with the initial compliance period.(iii) After a minimum of three years of annual sampling, the executive director may allow groundwater systems with no previous detection of any VOC contaminant listed in subsection (b)(2) of this section to take one sample during each compliance period.(iv) Each community and nontransient, noncommunity groundwater system that does not detect a VOC contaminant listed in subsection (b)(2) of this section may be granted a waiver from the annual or triennial requirements of subsection (c)(2)(C)(ii) and (iii) of this section after completing the initial monitoring. For the purposes of this section, detection is defined as an analytical result of 0.0005 mg/L or greater. A waiver shall be effective for no more than six years (two compliance periods).(v) Each public water system shall monitor at the time designated by the executive director within each compliance period.(D) Increased VOC monitoring. The executive director may change the monitoring frequency for VOCs. (i) Sample sites that exceed the VOC MCLs of subsection (b)(2) of this section, as determined by subsection (f) of this section, must be monitored quarterly. After a minimum of four consecutive quarterly samples that show the system is in compliance as specified in subsection (f) of this section and after the executive director determines that the system is reliably and consistently below the MCL, the executive director may allow the system to monitor annually during the quarter that previously yielded the highest analytical result.(ii) The executive director may require a confirmation sample for positive or negative results. If a confirmation sample is required by the executive director, the result must be averaged with the first sampling result and the average is used for the compliance determination as specified by subsection (f) of this section. The executive director has discretion to delete results of obvious sampling errors from this calculation.(iii) If a VOC contaminant listed in subsection (b)(2) of this section is detected at a level exceeding 0.0005 mg/L in any sample, then:(I) the system must monitor quarterly at each entry point to the distribution system that resulted in a detection;(II) the executive director may decrease the quarterly monitoring requirement specified in subsection (c)(2)(D)(iii)(I) of this section provided that the executive director has determined that the system is reliably and consistently below the MCL. In no case shall the executive director make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface water system takes a minimum of four quarterly samples;(III) if the executive director determines that the system is reliably and consistently below the MCL, the executive director may allow the system to monitor annually. Systems that monitor annually must monitor during the quarter that previously yielded the highest analytical result;(IV) systems which have three consecutive annual samples with no detection of a contaminant may be granted a waiver as specified in subparagraph (E) of this paragraph; and(V) groundwater systems that have detected one 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 entry point to the distribution system at which one or more of the two-carbon organic compounds was detected. If the result of the first analysis does not detect vinyl chloride, the executive director may reduce the quarterly monitoring frequency for vinyl chloride to one sample during each compliance period. Surface water systems are required to monitor for vinyl chloride as specified by the executive director.(iv) The executive director may increase the required VOC monitoring frequency, where necessary, to detect variations within the system (e.g., fluctuations in concentration due to seasonal use, changes in water source, etc.).(E) Waivers for VOC monitoring. The executive director may grant a waiver after evaluating the previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the water sources. If a determination by the executive 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:(i) previous analytical results;(ii) the proximity of the system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at drinking water sources manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities;(iii) the environmental persistence and transport of the contaminants;(iv) the number of persons served by the public water system and the proximity of a smaller system to a larger system;(v) how well the water source is protected against contamination (e.g., is it a surface or groundwater system). Groundwater systems must consider factors such as depth of the well, the type of soil, and well construction. Surface water systems must consider watershed protection;(vi) as a condition of the waiver, a groundwater system must take one sample at each entry point to the distribution system during the time the waiver is effective (i.e., one sample during two compliance periods or six years) and update its vulnerability assessment considering the factors listed in this paragraph. Based on this updated vulnerability assessment, the executive director must reconfirm that the system is not vulnerable. If the executive director does not make this reconfirmation within three years of the initial determination, then the waiver is invalid and the system is required to sample annually; and(vii) community and nontransient surface water systems that do not detect a VOC contaminant listed in subsection (b)(2) of this section may be considered by the executive director for a waiver from the annual sampling requirements of subparagraph (C)(ii) of this paragraph after completing the initial monitoring. Systems meeting this criteria must be determined by the executive director to be non-vulnerable based on a vulnerability assessment during each compliance period. Each system receiving a waiver shall sample at the frequency specified by the executive director (if any).(F) Compositing for VOC monitoring. The executive director may reduce the total number of samples a system must analyze by allowing the use of compositing. Composite samples from a maximum of entry points to the distribution system are allowed. Compositing of samples must be done in the laboratory and analyzed within 14 days of sample collection. (i) If the VOC concentration in the composite sample is 0.0005 mg/L or greater for any contaminant listed in subsection (b)(2) of this section, then a follow-up sample must be taken and analyzed within 14 days from each entry point to the distribution system included in the composite.(ii) If duplicates of the original sample taken from each entry point to the distribution system used in the composite are available, the system may use these instead of resampling. The duplicate must be analyzed within 14 days of collection.(iii) Compositing may only be permitted by the executive director at entry points to the distribution system within a single system.(iv) Procedures for compositing VOC samples are as stated in 40 Code of Federal Regulations (CFR) §141.24(f)(14)(iv).(d) Analytical requirements for organic contaminants. Analytical procedures shall be performed in accordance with § 290.119 of this title (relating to Analytical Procedures). Testing for organic contaminants shall be performed at a laboratory certified by the executive director.(e) Reporting requirements for organic contaminants. The owner or operator of a public water system shall ensure the executive director is provided with a copy of the results of any test, measurement, or analysis required by this subsection. The copies must be submitted within the first ten days following the month in which the result is received by the public water system, or the first ten days following the end of the required monitoring period as provided by this subsection, whichever occurs first. The copies must be mailed to the Water Supply Division, MC 155, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.(f) Compliance determination for organic contaminants. Compliance with the MCLs of subsection (b)(1) and (2) of this section shall be determined based on the analytical results obtained at each entry point to the distribution system. (1) If one sampling point is in violation of any MCL in subsection (b) of this section, then the system is in violation of the MCL for that contaminant. (A) For systems monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point.(B) Systems monitoring annually or less frequently whose sample result exceeds the MCL must begin quarterly sampling; systems will not be considered in violation of the MCL until they have completed one year of quarterly sampling.(C) If any sample result will cause the running annual average to exceed the MCL at any sampling point, the system is out of compliance with the MCL immediately.(D) If a system 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.(2) The executive director has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by sanctioned representatives and agencies.(3) A public water system that fails to do a required public notice or certify that the public notice has been performed commits a public notice violation.(g) Public notification requirements for organic contaminants. A public water system that violates the requirements of this section must notify the executive director and the system's customers. If a public water system has a distribution system separate from other parts of the distribution system with no interconnections, the executive director may allow the system to give public notice to only that portion of the system that is out of compliance. (1) A system that violates an MCL given in subsection (b) of this section, shall report to the executive director and notify the public as provided under § 290.122(b) of this title (relating to Public Notification).(2) A public water system that fails to conduct the monitoring required by this section must notify its customers of the violation in accordance with the requirements of § 290.122(c) of this title.(h) Best available technology for organic contaminants. Best available technology for treatment of violations of MCLs in subsection (b) of this section are listed in 40 CFR § 141.61. Copies are available for review in the Water Supply Division, MC 155, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.30 Tex. Admin. Code § 290.107
The provisions of this §290.107 adopted to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective February 19, 2004, 29 TexReg 1373; amended to be effective December 23, 2004, 29 TexReg 11729; amended to be effective January 9, 2008, 33 TexReg 198; Amended by Texas Register, Volume 42, Number 12, March 24, 2017, TexReg 1519, eff. 3/30/2017