26.04.01.15

.15 Volatile Organic Chemical (VOC) Sampling and Analytical Requirements.

A. Definition. For the purpose of this regulation, "0.0005 milligram/liter" means the detection level for any contaminant in Regulation .07D of this chapter.

B. Initial Monitoring.

(1) Beginning with the initial compliance period, analysis of substances for the purpose of determining compliance with Regulation .07D of this chapter shall be conducted by the supplier of water to a community water system or nontransient noncommunity water system in accordance with the requirements of 40 CFR §141.24(f)(1)—(3), which is incorporated by reference. Four consecutive quarterly samples are required within the initial compliance period for all contaminants in Regulation .07D of this chapter.

(2) Monitoring data collected after January 1, 1988, required under §1445 of the Safe Drinking Water Act (Public Law 93-523), is allowed for purposes of initial monitoring compliance. If the data are generally consistent with the requirements of 40 CFR §141.24, this data, that is, a single sample rather than four quarterly samples, may be used to satisfy the initial monitoring requirement of §B(1) of this regulation.

(3) A supplier of water to a community or nontransient noncommunity water system that collected and tested the sample or samples for all contaminants listed in Regulation .07D of this chapter after January 1, 1988, and before December 31, 1992 , and did not detect any contaminant listed in Regulation .07D of this chapter, shall be considered to have met the initial monitoring requirements of §B(1) of this regulation and shall collect and test annually until December 31, 1995.

(4) A supplier of water to a community or nontransient noncommunity water system serving fewer than 3,300 people that collected samples between October 6, 1992 and September 30, 1993, and did not detect any contaminant listed in Regulation .07D of this chapter, shall be considered to have met the initial monitoring requirements of §B(1) of this regulation for each contaminant so analyzed and not detected.

C. A supplier of water to a community or nontransient noncommunity water system whose testing to meet the initial monitoring requirements did not detect any contaminant listed in Regulation .07D of this chapter shall collect annual samples following the completion of initial monitoring.

D. Reduced Monitoring—Ground Water Systems. After a minimum of 3 years of annual sampling, a supplier of water to a community or nontransient noncommunity ground water system with no previous detection of any contaminant listed in Regulation .07D of this chapter may take one sample during each compliance period.

E. Waiver—Ground Water Systems.

(1) The Approving Authority may issue a waiver from the requirements of §§C and D of this regulation to a supplier of water to a community and nontransient noncommunity ground water system, if the contaminants listed in Regulation .07D of this chapter were not detected after completing the initial monitoring. The Approving Authority may grant a waiver after evaluating the factors specified in 40 CFR §141.24(f)(8), which is incorporated by reference. The period of the waiver may not exceed 6 years and may be renewed by the Approving Authority.

(2) As a condition of a waiver, the supplier of water to a community or nontransient noncommunity ground water system shall:

(a) Take one sample at each entry point during the waiver period; and

(b) Update its vulnerability assessment in accordance with the factors listed in 40 CFR §141.24(f)(8).

(3) If the Approving Authority does not reconfirm that the system is nonvulnerable to VOC contamination within 3 years of its previous determination, the supplier shall return to annual sampling.

F. Waiver—Surface Water Systems. The Approving Authority may issue a waiver from the requirements of §C of this regulation to the supplier of water to a community and nontransient noncommunity surface water system which does not detect a contaminant listed in Regulation .07D of this chapter after completing the initial monitoring. The Approving Authority may grant a waiver after evaluating the factors of 40 CFR §141.24(f)(8) and in accordance with the requirements of 40 CFR §141.24(f)(10), which is incorporated by reference.

G. Confirmation Samples. The Approving Authority may require a confirmation sample for a positive or negative result. If required by the Approving Authority, the result shall be averaged with the first sampling result and the average used for the compliance determination specified in 40 CFR §141.24(f)(15), which is incorporated by reference. The Approving Authority may delete the results of obvious sampling errors from this calculation.

H. Repeat Sampling Following Detections.

(1) If a contaminant listed in Regulation .07D(2)—(21) of this chapter is detected at a level exceeding 0.0005 milligram/liter in any sample, the supplier of water to a community and nontransient noncommunity water system shall monitor quarterly at each sampling point which resulted in a detection. The Approving Authority may decrease the quarterly monitoring requirement pursuant to the requirements of 40 CFR §141.24(f)(11)(ii)—(v), which is incorporated by reference.

(2) A supplier of water shall monitor for vinyl chloride in accordance with 40 CFR §141.24(f)(11)(v), which is incorporated by reference.

I. Repeat Sampling Following Levels Above MCLs.

(1) A supplier of water to a community and nontransient noncommunity surface water system which violates the requirements of Regulation .07D of this chapter, as determined by 40 CFR §141.24(f)(15), shall monitor quarterly in accordance with the requirements of 40 CFR §141.24(f)(12), which is incorporated by reference.

(2) The supplier may monitor annually at the times specified in 40 CFR §141.24(f)(11)(iii) if the Approving Authority determines that the system is reliably and consistently below the maximum contaminant level in accordance with 40 CFR §141.24(f)(12).

J. Compliance Determination and Notification.

(1) Compliance with Regulation .07D of this chapter shall be determined pursuant to the requirements of 40 CFR §141.24(f)(15).

(2) When a supplier of water has violated Regulation .07D of this chapter, as determined by §J(1) of this regulation, the supplier shall notify the Approving Authority as required by Regulation .19 of this chapter and give public notice as required by Regulation .20 of this chapter.

K. A supplier of water may reduce the total number of samples to be analyzed by the use of compositing. Compositing shall be performed according to the requirements of 40 CFR §141.24(f)(14).

L. Analysis for the contaminants listed in Regulation .07D of this chapter shall be conducted pursuant to 40 CFR §141.24(f)(16) and (17).

M. The monitoring frequencies under Regulation .15 of this chapter are minimum requirements and the Approving Authority may increase monitoring frequencies in situations where it determines more frequent monitoring is needed.

N. Each approved laboratory shall determine the method detection limit (MDL) as defined in 40 CFR 136, Appendix B, which is incorporated by reference, at which it is capable of detecting VOCs. The acceptable MDL is 0.0005 milligram/liter. This concentration is the detection concentration for purposes of this regulation.

O. A supplier of water to a public water system shall monitor at the time designated by the Approving Authority within each compliance period.

P. Suppliers of water at all systems that begin operation after January 22, 2004 and at all systems that begin use of a new source of water after January 22, 2004 shall:

(1) Demonstrate compliance with the MCLs within a period of time specified by the Approving Authority;

(2) Comply with the initial sampling frequencies specified by the Approving Authority to ensure a system can demonstrate compliance with the MCL; and

(3) Conduct routine and increased monitoring frequencies in accordance with the requirements in this regulation.

Q. Suppliers of water may be eligible for variances or exemptions from the maximum contaminant levels for organic chemicals based on criteria outlined in 40 CFR §142.62.