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RULES AND REGULATIONS

ENVIRONMENTAL QUALITY BOARD

[25 PA. CODE CH. 109]

Disinfectants and Disinfection Byproducts Rule

[31 Pa.B. 3895]

   The Environmental Quality Board (Board) by this order amends Chapter 109 (relating to safe drinking water). The amendments will establish maximum residual disinfectant levels (MRDLs) and monitoring requirements for free chlorine, combined chlorine and chlorine dioxide. Maximum contaminant levels (MCLs) and monitoring requirements will be established for five haloacetic acids, chlorite and bromate. The MCL for total trihalomethanes will be lowered. The amendments will also establish prefiltration treatment techniques for public water systems that use conventional filtration in order to reduce source water total organic carbon (TOC), which serves as a precursor to disinfection byproducts.

   This order was adopted by the Board at its meeting of April 17, 2001.

A.  Effective Date

   These amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking.

B.  Contact Persons

   For further information, contact Jeffrey A. Gordon, Chief, Division of Drinking Water Management, P. O. Box 8467, Rachel Carson State Office Building, Harrisburg, PA 17105-8467, (717) 772-4018 or Pamela Bishop, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection's (Department) website (http://www.dep.state.pa.us).

C.  Statutory Authority

   The final-form rulemaking is being made under the authority of section 4 of the Pennsylvania Safe Drinking Water Act (35 P. S. § 721.4), which grants the Board the authority to adopt rules and regulations governing the provision of drinking water to the public, and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-7 and 510-20).

D.  Background of the Amendments

   The public health benefits of disinfection are significant and well-recognized. However, these very disinfection practices pose health risks of their own. Although disinfectants such as chlorine, hypochlorites and chlorine dioxide are effective in controlling many harmful microorganisms, they react with organic and inorganic matter in the water to form disinfection byproducts (DBPs), which pose health risks at certain levels.

   The first DBPs discovered in public drinking water were halogenated methanes in 1974. As a result, the United States Environmental Protection Agency (EPA) promulgated an MCL for the composite sum of four individual DBP species: chloroform, bromodichloromethane, dibromochloromethane and bromoform. This composite sum was termed ''Total Trihalomethanes'' (TTHMs) and had an MCL of 0.1 mg/L which was applied only to community water systems serving at least 10,000 people. This MCL is currently in effect today.

   Since the discovery of TTHMs in drinking water in 1974, other DBPs have been identified and studied for their health effects. Many of these studies have shown DBPs to be carcinogenic and/or to cause reproductive or developmental effects in laboratory animals. Studies have also shown that high levels of the disinfectants themselves may cause health problems over long periods of time, including damage to both the blood and the kidneys. While many of these studies have been conducted at high doses, the weight of the evidence indicates that DBPs present a potential public health problem that must be addressed.

   In 1992, the EPA initiated a rulemaking process to address public health concerns associated with disinfectants, DBPs and microbial pathogens. As part of this rulemaking process, the EPA established a Regulatory Negotiation (Reg/Neg) Committee which included representatives of state and local health and regulatory agencies, public water systems, elected officials, consumer groups and environmental groups.

   The EPA's most significant concern in developing regulations for disinfectants and DBPs was the need to ensure that adequate treatment be maintained for controlling risks from microbial pathogens. One of the major goals addressed in the rulemaking process was to develop an approach that would reduce the level of exposure from disinfectants and DBPs without undermining the control of microbial pathogens. The intention was to ensure that drinking water is microbiologically safe at the limits set for disinfectants and DBPs and that these chemicals do not pose an unacceptable health risk at these limits. Thus, the Reg/Neg Committee also considered a range of microbial issues and agreed that EPA should also propose a companion microbial rule, the Interim Enhanced Surface Water Treatment Rule (IESWTR).

   Following months of intensive discussions and technical analysis, the Reg/Neg Committee recommended the development of three sets of rules: a two-stage rule to address disinfectants and DBPs (D/DBPs), the IESWTR and an Information Collection Rule (ICR). The approach used in developing these proposals considered the constraints of simultaneously treating water to control microbial contaminants, disinfectants and DBPs. The Reg/Neg Committee agreed that the schedule for the IESWTR should be linked to the schedule of the first stage of the D/DBP rule to assure simultaneous compliance and a balanced risk-risk based implementation. The Reg/Neg Committee also agreed that additional information on health risk, occurrence, treatment technologies and analytical methods needed to be developed to better understand the risk-risk tradeoff, and how to accomplish an overall reduction in health risks to both pathogens and D/DBPs. Finally the Reg/Neg Committee agreed that to develop a reasonable set of rules and to understand more fully the limitations of the current Federal Surface Water Treatment Rule, additional field data were critical. Thus, a key component of the regulation negotiation agreement was the promulgation of the ICR.

   The Federal Disinfectants and Disinfection Byproducts Rule (D/DBPR) (40 CFR Parts 9, 141 and 142), which was promulgated on December 16, 1998, was developed based on the outcome of this rulemaking process, as well as a wide range of technical comments from stakeholders and members of the public. The D/DBPR is intended to regulate treatment practices at public water systems in order to eliminate or minimize disinfectant levels and disinfection byproducts that may cause harmful health effects. The D/DBPR is applicable to all community and nontransient noncommunity water systems that use a chemical disinfectant or oxidant, as well as to all transient noncommunity water systems that use chlorine dioxide. The D/DBPR will establish MRDLs for free chlorine, combined chlorine and chlorine dioxide. MCLs will also be established for five haloacetic acids, chlorite and bromate. The current MCL for TTHMs will be lowered from 0.1 mg/L to 0.08 mg/L and will be applied to all community and nontransient noncommunity water systems, regardless of the population that is served. The D/DBPR will also regulate prefiltration treatment techniques for public water systems that use conventional filtration in order to reduce source water TOC, which serves as a precursor to disinfection byproducts.

   On January 16, 2001, the EPA promulgated corrective amendments to both the D/DBPR and the IESWTR. These corrective amendments are minor in nature (such as, change in compliance date from December 17, 2001, to January 1, 2002) and are reflected in this final-form rulemaking.

   Other Federal rules will be promulgated in the future as a follow-up to both the D/DBPR and the IESWTR. These rules will be the Stage 2 D/DBPR, the Long Term 1 Enhanced Surface Water Treatment Rule (LT1), the Long Term 2 Enhanced Surface Water Treatment Rule (LT2) and the Filter Backwash Rule (FBR). The LT1 and FBR rules are expected in 2001. The LT2 and Stage 2 D/DBPR rules are expected in 2002.

   The Board proposes to incorporate the provisions of both the Federal D/DBPR and the January 16, 2001, Federal corrective amendments into Chapter109 to obtain primary enforcement responsibility (primacy) for this rule.

   The proposed rulemaking was approved by the Board on July 18, 2000. The proposed rulemaking was published at 30 Pa.B. 4596 (September 2, 2000). The 30-day public comment period concluded on October 2, 2000. No public meetings or hearings were held on the proposed rulemaking.

   The Technical Assistance Center Advisory Board (TAC) and the Water Resources Advisory Committee (WRAC) were each briefed on the comments received during the public comment period. The WRAC reviewed and discussed the final regulation on January 10, 2001. The WRAC commented that the 30-day approval requirement in § 109.701(e) (relating to reporting and recordkeeping) for approving monitoring plans might be unrealistic. The WRAC suggested that the 30-day requirement be revised to either 60 or 90 days, or that the approval requirement be removed altogether. After discussion with the WRAC, the Department decided to remove the approval requirement. The WRAC then approved the final-form regulations for recommendation to the Board. TAC reviewed and discussed the final-form regulations on January 25, 2001. TAC had no comments and approved the final-form regulations for recommendation to the Board.

   The Federal Safe Drinking Water Act (42 U.S.C.A. § 300g-2(a)) requires that primary enforcement responsibility states, such as the Commonwealth, adopt EPA regulations no later than 2 years after the EPA promulgation. The EPA may approve an extension of up to 2 years for states that: 1) lack legislative or regulatory authority to enforce the new regulations; or 2) lack program capability to implement the new regulations; or 3) are adopting two or more EPA regulations at the same time.

   On November 28, 2000, the Department submitted a primacy extension request to the EPA to adopt regulations implementing both the Federal IESWTR and the Federal D/DBPR by no later than August 31, 2001. It is expected that the EPA will grant the extension because the State is adopting two or more the EPA regulations at the same time, which is one of the criteria specified for the EPA to grant an extension. If EPA grants the August 31, 2001, extension, then failure to adopt the D/DBPR by this extension date may result in this Commonwealth losing its primary enforcement responsibility.

E.  Summary of Comments and Responses on the Proposed Rulemaking and Changes to the Proposed Rulemaking

   The amendments reflect, and are no more stringent than, both the new Federal D/DBPR requirements and the January 16, 2001, Federal corrective amendments.

§ 109.1.  Definitions.

   A commentator asked what an ''unacceptable possibility of adverse health effects'' is, as stated in the definition of ''MRDL.'' The ''unacceptable possibility of adverse health effects'' is reflected by the actual value of the MRDL. This value is derived from the appropriate risk assessment analysis that determines the ''unacceptable'' level.

   Representatives of the bottled water industry expressed concern that a ''consumer's tap,'' as stated in the definition of ''MRDL,'' does not exist at a bottled water plant. The Board has decided to amend the definition of ''MRDL'' to clarify that, for bottled, vended, retail and bulk hauling water systems, the ''consumer's tap'' shall mean the entry point.

   The definition of ''sedimentation'' was amended to be consistent with the Federal definition of ''sedimentation'' in 40 CFR 141.2.

   The definition of ''TTHM'' was added because the term is used repeatedly throughout the text of the final-form regulations. The TTHM definition is consistent with the Federal definition in 40 CFR 141.2.

§ 109.202(a).  Primary MCLs

   Regarding the compliance date extension offered in § 109.202(a)(3), a commentator questioned how a water system would apply for an extension and what criteria would the Department use in granting this extension. Water systems are to apply for compliance date extensions through the appropriate Department regional office. The water system will need to propose a schedule for compliance and demonstrate to the Department's satisfaction that the appropriate technology is being installed for the appropriate purpose. In accordance with the Federal requirements at 40 CFR 141.64(b)(2), the Department must set a schedule for compliance, including any interim measures that the system must take. The Department will use both a permit amendment for the construction or installation of the technology and a consent order and agreement to set the compliance schedule on a case-by-case basis.

   Representatives of the bottled water industry requested that § 109.202(a)(3) include language clarifying that compliance date extensions are also available to bottled water systems. The Board declined to make this amendment because it feels that the availability of compliance date extensions to bottled water systems is adequately conveyed by way of reference throughout §§ 109.1, 109.1002(a) and 109.1003(a), wherein bottled water systems are considered to be public water systems and are subject to the same requirements as public water systems.

   Section 109.202(a)(3) was amended to correct a typographical error.

§ 109.202(g).  Treatment technique requirements for disinfection byproduct precursors.

   Regarding the enhanced coagulation requirements referenced in § 109.202(g)(1), a commentator questioned if negative TOC percent removal values were to be recorded as zero or as the actual negative value. The correct procedure is to record the actual negative value.

   A commentator requested clarification on where the ''finished water'' sampling, as specified in § 109.202(g)(2)(ii)(F), is to be conducted. This sampling is to be conducted prior to the addition of any disinfectants or oxidants.

   The Board has decided to delete § 109.202(g)(2). The Board feels that the language in this paragraph concerning alternative compliance criteria was potentially misleading to water systems with respect to compliance strategies. In addition, the Board feels that some of the sampling points that were specified in § 109.202(g)(2) could be potentially confusing to water systems. The Board feels that this information would be better presented by way of reference to the Federal regulations in 40 CFR 141.135, as well as in future guidance.

   The deletion of § 109.202(g)(2) removes the ''(1)'' from § 109.202(g)(1) so that § 109.202(g) now simply contains a one-paragraph body.

§ 109.301.  General monitoring requirements.

   Representatives of the bottled water industry have interpreted that the January 1, 2004, D/DBPR compliance date stated in § 109.301(12) for systems using groundwater sources also applies to bottled water systems that use groundwater sources. This interpretation is correct.

   Section 109.301(12)(i)(A)(I)(-a-) was amended to require quarterly sampling of TTHMs and haloacetic acids as opposed to monthly sampling. This section was also amended at the EPA's request to clarify that the non-maximum residence time samples need to collectively be representative of the entire distribution system. Both of these revisions are consistent with the Federal regulations in 40 CFR 141.132(b)(1)(i).

   Section 109.301(12)(i)(B)(I)(-a-)--(-c-) were amended at the EPA's request to delete the language ''Systems on reduced monitoring are not required to monitor source water TOC.'' This language was inconsistent with Federal requirements.

   A commentator requested clarification on where the treated TOC sampling, as specified in § 109.301(12)(iv)(A) and (B), is to be conducted. The treated TOC samples may be taken at any location after sedimentation treatment. The combined filter effluent is the preferable location. Entry point sampling must first receive Department approval. Section 109.301(12)(iv)(A) and (B) were amended to clarify where treated TOC samples may be taken. These new locations reflect recent D/DBPR implementation decisions made by the EPA.

   Section 109.301(13)(i) was amended to correct a typographical error.

§ 109.403(d).  Description and content of notice.

   The Board has deleted this proposed subsection. The EPA had informed the Department that the 40 CFR Subpart O references in this subsection had changed since the promulgation of the Federal D/DBPR. The EPA also informed the Department that this Federal requirement may be included in the Department's future Consumer Confidence Rule. The EPA stated that including this language in a future rulemaking would not jeopardize the Department's efforts to obtain primary enforcement responsibility for the D/DBPR.

§ 109.701(a).  Reporting requirements for public water systems.

   Section 109.701(a)(8) was amended at the EPA's request to include minor EPA reporting requirements that were omitted in the proposed rulemaking. The reporting requirements in this section are now consistent with the Federal requirements.

   Section 109.701(a)(9)(ii)(A) was amended at the EPA's request to delete the ''entry point'' specification of sample results that are to be reported. The amended language is now consistent with the Federal requirements.

§ 109.701(e).  Monitoring plans for disinfectants, disinfection byproducts and disinfection byproduct precursors.

   This subsection was amended to specify a submittal deadline for monitoring plans of 30 days prior to the established reporting deadline. This submittal deadline will provide both the Department and the water system time to discuss any questions or suggestions regarding the monitoring plan.

   Section 109.701(e)(2) was amended to delete references to Department approval of the monitoring plan. The Department will not be approving monitoring plans. Approval of the monitoring plan is not required by the Federal D/DBPR.

§ 109.1003(a).  General monitoring requirements.

   Representatives of the bottled water industry requested clarification as to where the ''entry point,'' as specified for monitoring in § 109.1003(a)(1), is for bottled water systems. They further recommended that a ''product type'' be designated as the ''entry point'' for bottling plants in order to be consistent with Federal Food and Drug Administration requirements. The Board declined to make this amendment because it feels that the entry point for bottled water systems is adequately defined in § 109.1003(c)(1) as being ''each finished bottled water product.''

   Representatives of the bottled water industry questioned whether the entire D/DBPR is applicable to bottled water systems, or just the bromate monitoring provisions in § 109.1003(a)(1)(viii). They asserted that the requirements for chlorine-based DBPs should not apply to bottled water systems since chlorine is typically not used by bottled water systems. The Board has amended the monitoring section. If a bottled water system does not use chlorine-based chemicals and does not use a source that has been treated with chlorine-based chemicals, then that system will not need to comply with the monitoring requirements for TTHM and HAA5. Otherwise, all D/DBPR provisions will still apply to bottled water systems.

   Representatives of the bottled water industry requested that routine monitoring for bromate be quarterly rather than monthly, as stated in § 109.1003(a)(1)(viii)(A). They also requested that reduced monitoring for bromate be annually rather than quarterly, as stated in § 109.1003(a)(1)(viii)(B). The Board declined to make this amendment because the bromate monitoring requirements are consistent with the Federal D/DBPR requirements.

   The Board has decided to amend § 109.1003(a)(1) to include the monitoring requirements for TTHMs, haloacetic acids and chlorite in addition to the originally proposed bromate requirements. This will clarify the DBP monitoring requirements for bottled, vended, retail and bulk hauling water systems.

   Representatives of the bottled water industry requested that D/DBPR compliance determination procedures be clarified in Chapter 109. The Board declined to make this amendment because it feels that the procedures for determining compliance for the various MCLs and MRDLs are adequately conveyed in § 109.1002(a) and § 109.1003(a) by way of reference to § 109.202 and § 109.301, respectively, which reference the Federal regulations.

§ 109.1003(c).  Sampling requirements.

   Section 109.1003(c)(1) was amended to correct a typographical error.

§ 109.1003(d).  Repeat monitoring for microbiological contaminants.

   Representatives of the bottled water industry requested that a more detailed check-sample procedure be developed for total-coliform positive samples for inclusion into § 109.1003(d)(3). The Board declined to make this amendment because it feels that an adequate check-sample procedure is required in § 109.1003(d)(1)(i).

§ 109.1009(c).  Disinfectant residual requirements.

   Representatives of the bottled water industry asserted that with the ongoing development of alternative disinfection technologies, such as ultraviolet light, and with the proper sealing of bottled water products, there is no need to mandate residual disinfectant levels in bottled water products. The MRDL requirements of the D/DBPR apply to bottled water systems if chlorine, chloramination or chlorine dioxide is used. If a bottled water system uses only ozone, then that system will not be subject to any MRDL requirements. While the MRDL sets a maximum disinfectant level, the Department determines the minimum acceptable residual on a case-by-case basis as per the provisions of § 109.1009(c).

F.  Benefits, Costs and Compliance

   Executive Order 1996-1 requires a cost/benefit analysis of the final-form regulations.

Benefits

   The public health benefits of disinfection practices are significant and well-recognized. Disinfection, however, poses its own health risks. The amendments will implement standards that will either minimize or eliminate harmful disinfectant levels and disinfection byproducts in public water systems.

   The amendments will affect 2,565 public water systems that serve a total population of over 10.4 million Commonwealth residents. These 10.4 million people will benefit from a reduction in health risks associated with disinfection practices, such as bladder cancer and kidney damage.

   The EPA has estimated that the Nation may realize a total annual benefit of up to $4 billion as a result of avoiding up to 2,232 cases of bladder cancer per year. In this Commonwealth, this translates into a total annual benefit of up to $175 million in avoiding up to 98 cases of bladder cancer per year.

Compliance Costs

   The EPA has estimated that a total annual cost of almost $684 million will be borne by the regulated community, Nationwide, as a result of this rule. It is estimated that water systems in this Commonwealth will bear over $23 million of this total annual cost.

   The $23 million estimate will include up-front capital costs associated with process modifications. These process modifications may involve the dose or type of disinfectant chemical, the process locations of disinfectant addition, technologies or treatment techniques that reduce source water TOC, technologies or treatment techniques that remove DBPs and new source development activities.

   The $23 million estimate also includes ongoing costs associated with operations and maintenance. These costs will include maintenance activities of any new technologies or sources that are installed because of this rule. These costs will also include the routine compliance expenses of monitoring, reporting and recordkeeping.

Compliance Assistance Plan

   The Safe Drinking Water Program utilizes the Commonwealth's PENNVEST Program to offer financial assistance to eligible public water systems. This assistance is in the form of a low-interest loan, with some augmenting grant funds for hardship cases. Eligibility is based upon factors such as public health impact, compliance necessity and project/operational affordability.

   The Safe Drinking Water Program has established a network of regional and central office training staff that is responsive to identifiable training needs. The target audience in need of training may be either program staff or the regulated community.

   In addition to this network of training staff, the Bureau of Water Supply and Wastewater Management has a division dedicated to providing both training and outreach support services to public water system operators. The Department's Internet site also provides a link to the Drinking Water & Wastewater Treatment System Operator Information Center Internet site, which provides a bulletin board of timely, useful information for treatment plant operators.

Paperwork Requirements

   The amendments will require that water systems comply with two to four new contaminant standards, as well as with one to three new disinfectant residual standards. In order to comply with these standards, the water system will need to monitor and report these contaminants and disinfectant residuals. Water systems which treat with conventional filtration will also need to monitor and report total organic carbon, both in the source water and in the treated water.

   It is anticipated that this additional monitoring and reporting should be facilitated by Department's current data reporting forms and that little, if any, additional data forms or paperwork will be necessary.

G.  Sunset Review

   These final-form regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.

H.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 8, 2000, the Department submitted a copy of the notice of proposed rulemaking, published at 30 Pa.B. 4596, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.

   Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing these final-form regulations, the Department has considered all comments from IRRC, the Committees and the public.

   Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on May 29, 2001, these final-form regulations were deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on June 7, 2001, and approved the final-form regulations.

I.  Findings of the Board

   The Board finds that:

   (1)  Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided as required by law, and all comments were considered.

   (3)  These final-form regulations do not enlarge the purpose of the proposal published at 30 Pa.B. 4596.

   (4)  These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.

J.  Order of the Board

   The Board, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Department, 25 Pa. Code Chapter 109, are amended by amending §§ 109.1, 109.202, 109.203, 109.301--109.304, 109.401--109.403, 109.503, 109.505--109.507, 109.602, 109.605, 109.611, 109.612, 109.701, 109.704, 109.710, 109.801, 109.810, 109.901, 109.903, 109.1002--109.1006, 109.1009 and 109.1105 to read as set forth in Annex A.

   (b)  The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.

   (c)  The Chairperson of the Board shall submit this order and Annex A to IRRC and the House and Senate Environmental Resources and Energy Committees as required by the Regulatory Review Act.

   (d)  The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.

   (e)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

DAVID E. HESS,   
Chairperson

   (Editor's Note  For the of the order of the Independent Regulatory Review Cmmission, relating to this document, see 31 Pa.B. 3370 (June 23, 2001).)

   Fiscal Note:  Fiscal Note 7-359 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 25.  ENVIRONMENTAL PROTECTION

Subpart C.  PROTECTION OF NATURAL RESOURCES

ARTICLE II.  WATER RESOURCES

CHAPTER 109.  SAFE DRINKING WATER

Subchapter A.  GENERAL PROVISIONS

§ 109.1.  Definitions.

   The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act--The Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17).

   Administrator--The Administrator of the EPA.

   ANSI--The American National Standards Institute, Inc. of New York, New York.

   BAT--Best Available Technology--The best technology, treatment techniques or other means which the Administrator finds are available for achieving compliance with maximum contaminant levels.

   Bottled water system--A public water system which provides water for bottling in sealed bottles or other sealed containers. The term includes, but is not limited to, the sources of water and treatment, storage, bottling, manufacturing and distribution facilities. The term does not include a public water system which provides only a source of water supply for a bottled water system and excludes an entity providing only transportation, distribution or sale of bottled water in sealed bottles or other sealed containers.

   Bulk water hauling system--A public water system which provides water piped into a carrier vehicle and withdrawn by a similar means into the user's storage facility or vessel. The term includes, but is not limited to, the sources of water, treatment, storage or distribution facilities. The term does not include a public water system which provides only a source of water supply for a bulk water hauling system.

   CPE--Comprehensive performance evaluation--A thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation and maintenance practices.

   (i)  The CPE is conducted to identify factors that may be adversely impacting a plant's capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements.

   (ii)  The CPE shall consist of at least the following components:

   (A)  Assessment of plant performance.

   (B)  Evaluation of major unit processes.

   (C)  Identification and prioritization of performance limiting factors.

   (D)  Assessment of the applicability of comprehensive technical assistance.

   (E)  Preparation of a CPE report.

   CT--The product of residual disinfectant concentration (C) measured in mg/L in a representative sample of water prior to the first customer, and disinfectant contact time (T); that is, ''C'' x ''T.'' If disinfectants are applied at more than one point prior to the first customer, the CT is determined for each disinfectant sequence prior to the first customer to determine the total percent inactivation achieved by disinfection prior to the first customer. In determining the total percent inactivation, the residual disinfectant concentration of each disinfection sequence and corresponding contact time before subsequent disinfection application points shall be determined.

   Coagulation--A process using coagulant chemicals and mixing by which colloidal and suspended material are destabilized and agglomerated into settleable or filterable flocs, or both.

   Collection--The parts of a public water system occurring prior to treatment, including source, transmission facilities and pretreatment storage facilities.

   Community water system--A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

   Compliance cycle--A 9-year calendar year cycle during which public water suppliers shall monitor for contaminants. The first compliance cycle begins January 1, 1993, and ends December 31, 2001.

   Compliance period--A 3-year calendar year period within a compliance cycle. Each compliance cycle is made up of three 3-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993, through December 31, 1995.

   Confluent growth--Bacterial growth, with or without sheen, covering the entire membrane filter, or a portion thereof, in which bacterial colonies are not discrete.

   Consecutive water system--A public water system which obtains all of its water from another public water system and resells the water to a person, provides treatment to meet a primary MCL or provides drinking water to an interstate carrier. The term does not include bottled water and bulk water systems.

   Contaminant--A physical, chemical, biological or radiological substance or matter in water.

   Conventional filtration--The series of processes for the purpose of substantial particulate removal consisting of coagulation, flocculation, sedimentation and filtration.

   Corrosion inhibitor--A substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

   Cross-connection--An arrangement allowing either a direct or indirect connection through which backflow, including backsiphonage, can occur between the drinking water in a public water system and a system containing a source or potential source of contamination, or allowing treated water to be removed from any public water system, used for any purpose or routed through any device or pipes outside the public water system, and returned to the public water system. The term does not include connections to devices totally within the control of one or more public water systems and connections between water mains.

   Diatomaceous earth filtration--A process for the purpose of substantial particulate removal in which a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and while the water is filtered by passing through the cake on the septum, additional filter media, known as body feed, is continuously added to the feed water, to maintain the permeability of the filter cake.

   Direct filtration--A series of processes for the purpose of substantial particulate removal consisting of coagulation and filtration. The term normally includes flocculation after coagulation, but does not include sedimentation.

   Disinfectant contact time--The time in minutes that it takes for water to move from the point of disinfectant application to the point where residual disinfectant concentration is measured. Contact time in pipelines is calculated based on plug flow by dividing the internal volume of the pipeline by the flow rate through that pipeline. Contact time within mixing basins and storage reservoirs is determined by tracer studies or an equivalent demonstration. Guidance for making these determinations appears in the ''Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources'' (U. S. EPA, Office of Drinking Water, Criteria and Standards Division).

   Disinfection--A process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents, such as ultraviolet light.

   Disinfection profile--The summary of daily Giardia lamblia inactivation through the treatment plant as determined through procedures and measurement methods established by this chapter.

   Enhanced coagulation--The addition of sufficient coagulant for improved removal of disinfection byproduct precusors by conventional filtration treatment.

   Enhanced softening--The improved removal of disinfection byproduct precusors by precipitative softening.

   Entry point--A point acceptable to the Department at which finished water representative of each source enters the distribution system.

   Environmental acts--The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the Air Pollution Control Act (35 P. S. §§ 4001--4015), the Radiation Protection Act (35 P. S. §§ 7110.101--7110.703), the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.31), the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326), section 1917-A of The Administrative Code of 1929 (71 P. S. § 510-17), the Dam Safety and Encroachment Act (32 P. S. §§ 693.1--693.27), the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Plumbing System Lead Ban and Notification Act (35 P. S. §§ 723.1--723.17)  and any other State or Federal statutes relating to environmental protection or to the protection of the public health, safety and welfare.

   Facility--A part of a public water system used for collection, treatment, storage or distribution of drinking water.

   Federal act--The Safe Drinking Water Act (42 U.S.C.A. §§ 300f--300j-10).

   Federal regulations--The National Primary Drinking Water Regulations and the National Secondary Drinking Water Regulations.

   Filter profile--A graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

   Filtration--A process for removing particulate matter from water by passage through porous media.

   Finished water--Water that has been treated in compliance with the treatment technique requirements established in this chapter by a permitted public water system and is ready for consumption by the public.

   First-draw sample--A 1-liter sample of tap water collected in accordance with § 109.1103 (relating to monitoring requirements), that has been standing in plumbing pipes at least 6 hours and is collected without flushing the tap.

   Flocculation--A process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable or filterable particles through gentle stirring by hydraulic or mechanical means.

   GUDI--Groundwater under the direct influence of surface water--

   (i)  Any water beneath the surface of the ground with the presence of insects or other macroorganisms, algae, organic debris or large diameter pathogens such as Giardia lamblia and Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity or pH which closely correlate to climatological or surface water conditions.

   (ii)  The term does not include finished water.

   HAA5--Haloacetic acids (five)--The sum of the concentrations in milligrams per liter of the haloacetic compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid and dibromoacetic acid), rounded to two significant figures after addition.

   IBWA--The International Bottled Water Association, Alexandria, Virginia 22314.

   IOC--Inorganic chemical.

   Initial compliance period---The first full 3-year compliance period during which a public water supply is required to monitor for a contaminant.

   Innovative technology--A method, process or equipment for the treatment of drinking water which is not designated as BAT under EPA regulations and the effectiveness of which has not been commercially demonstrated in the water supply industry.

   Lead service line--A service line made of lead which connects a water main to a building inlet and a lead pigtail, gooseneck or other fitting which is connected to the lead line.

   MCL--Maximum Contaminant Level--The maximum permissible level of a contaminant in water which is delivered to a user of a public water system, and includes the primary and secondary MCLs established under the Federal act, and MCLs adopted under the act. For MCLs incorporated into this chapter by reference, the term refers to the numerical value and the means of determining compliance with that value and does not refer to the EPA applications to specific types of public water systems or sources.

   MRDL--Maximum Residual Disinfectant Level--The maximum permissible level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable possibility of adverse health effects. The consumer's tap means the entry point for bottled water and vended water systems, retail water facilities and bulk water hauling systems.

   Method detection limit--The amount of a substance which the EPA has determined to be the minimum concentration which can be measured and be reported with 99% confidence that the true value is greater than zero.

   NAMA--The National Automatic Merchandising Association of Chicago, Illinois.

   NSF--NSF International, Ann Arbor, Michigan 48105.

   NTU--Nephelometric Turbidity Unit.

   National Primary Drinking Water Regulations--Primary drinking water regulations and implementation regulations promulgated by the Administrator under the Federal act at 40 CFR Parts 141 and 142 (relating to national primary drinking water regulations; and national primary drinking water regulations implementation). The term includes interim, revised and final regulations.

   National Secondary Drinking Water Regulations--Secondary drinking water regulations promulgated by the Administrator under the Federal act in 40 CFR 143.1--143.4.

   New source--A source of water supply that is not covered by a valid permit issued under the act of April 22, 1905 (P. L. 260, No. 182) (35 P. S. §§ 711--716) (Repealed) or under this chapter as a regular source of supply for the public water system.

   Noncommunity water system--A public water system which is not a community water system.

   Nontransient noncommunity water system--A noncommunity water system that regularly serves at least 25 of the same persons over 6 months per year.

   Person--An individual, partnership, association, company, corporation, municipality, municipal authority, political subdivision or an agency of Federal or State government. The term includes the officers, employees and agents of a partnership, association, company, corporation, municipality, municipal authority, political subdivision, or an agency of Federal or State government.

   Point-of-entry (POE) device--A treatment device used as an alternative to central treatment that is installed on a public water line or service connection to a house, building or other facility for the purpose of reducing contaminants in the water distributed throughout the house, building or facility.

   Public water supplier--A person who owns or operates a public water system.

   Public water system--A system which provides water to the public for human consumption which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. The term includes collection, treatment, storage and distribution facilities under control of the operator of the system and used in connection with the system. The term includes collection or pretreatment storage facilities not under control of the operator which are used in connection with the system. The term also includes a system which provides water for bottling or bulk hauling for human consumption. Water for human consumption includes water that is used for drinking, bathing and showering, cooking, dishwashing or maintaining oral hygiene.

   Repeat compliance period--A subsequent compliance period after the initial compliance period.

   Retail water facility--A public water system which provides water for bottling without the use of a water vending machine by dispensing unit servings of water in containers whether or not the containers are provided by the customers.

   SOC--Synthetic Organic Chemical.

   SUVA--Specific ultraviolet absorption at 254 nanometers (nm)--An indicator of the humic content of water. it is a calculated parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (UV254) (in m-1) by its concentration of dissolved organic carbon (DOC) (in mg/L).

   Sanitary survey--An onsite review and evaluation of a public water system's source, facilities and equipment and the operation and maintenance procedures used by a public water supplier for producing and distributing safe drinking water.

   Sedimentation--A process for the removal of solids before filtration by gravity or separation.

   Slow sand filtration--A process for the purpose of substantial particulate removal by physical and biological mechanisms during the passage of raw water through a bed of sand at low velocity--generally less than .4 meters per hour.

   Source--The place from which water for a public water system originates or is derived, including, but not limited to, a well, spring, stream, reservoir, pond, lake or interconnection.

   Substantial modification--A change in a public water system that may affect the quantity or quality of water served to the public or which may be prejudicial to the public health or safety and includes the addition of new sources; the expansion of existing facilities; changes in treatment processes; addition, removal, renovation or substitution of equipment or facilities; and interconnections.

   Surface water--Water open to the atmosphere or subject to surface runoff. The term does not include finished water.

   System--

   (i)  A group of facilities used to provide water for human consumption including facilities used for collection, treatment, storage and distribution. The facilities shall constitute a system if they are adjacent or geographically proximate to each other and meet at least one of the following criteria:

   (A)  The facilities provide water to the same establishment which is a business or commercial enterprise or an arrangement of residential or nonresidential structures having a common purpose and includes mobile home parks, multi-unit housing complexes, phased subdivisions, campgrounds and motels.

   (B)  The facilities are owned, managed or operated by the same person.

   (C)  The facilities have been regulated as a single public water system under the Federal act or the act.

   (ii)  This definition may not be interpreted to require two or more currently-regulated public water systems to become one system.

   TOC--Total organic carbon--The total organic carbon in mg/L measured using heat, oxygen, ultraviolet irradiation, chemical oxidants or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.

   TTHM--Total trihalomethanes--the sum of the concentrations in milligrams per liter of the trihalomethane compounds (trichloromethane, bromodichloromethane, dibromochloromethane and tribromomethane), rounded to two significant figures after addition.

   Too numerous to count--Two hundred or more total bacterial colonies on a 47-mm diameter membrane filter.

   Transient noncommunity water system--A public water system which is not a community, nontransient noncommunity, bottled or vended water system, nor a retail water facility or a bulk water hauling system.

   Transmission--The movement of water from the source to a point of storage, treatment or distribution or from the point of treatment to the distribution system.

   Treatment technique--A requirement which specifies a specific treatment method known to cause a reduction in the level of a contaminant which cannot practically be regulated by establishing an MCL. The term includes treatment technique requirements established under the Federal act, and treatment technique requirements adopted under the act.

   Type of product--A particular kind of water for bottling characterized by its source or treatment process. Examples of the water include distilled water, mineral water, spring water and well water.

   VOC--Volatile synthetic organic chemical.

   Vended water system--A public water system which provides water for bottling through the use of one or more water vending machines.

   Waterborne disease outbreak--An illness of the same etiology experienced by two or more persons and attributed to pathogenic organisms in which the public water system is implicated as the source of illness by the Department of Health.

   Water for bottling--Artificial or natural mineral, spring or other water for bottling as drinking water.

   Water vending machine--A self-contained, self-service device which, upon insertion of a coin, paper currency, token, card, key or other similar means or through manual operation, dispenses unit servings of water, either in bulk or in packages, without the necessity of replenishing the device between each vending operation.

   Wellhead protection area--The surface and subsurface area surrounding a water well, well field, spring or infiltration gallery supplying a public water system, through which contaminants are reasonably likely to move toward and reach the water source. A wellhead protection area shall consist of the following zones:

   (i)  Zone I. The protective zone immediately surrounding a well, spring or infiltration gallery which shall be a 100-to-400-foot radius depending on site-specific source and aquifer characteristics.

   (ii)  Zone II. The zone encompassing the portion of the aquifer through which water is diverted to a well or flows to a spring or infiltration gallery. Zone II shall be a 1/2 mile radius around the source unless a more detailed delineation is approved.

   (iii)  Zone III. The zone beyond Zone II that contributes surface water and groundwater to Zones I and II.

   Wellhead protection program--A comprehensive program designed to protect a well, spring or infiltration gallery used by a public water system from contamination.

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