SAFE DRINKING WATER GENERAL UPDATE TO CHAPTER 109 June 19, 2007 Bureau of Water Standards and Facility Regulation

Purpose of Proposed Rulemaking  Obtain and/or maintain primacy  Improve data quality  Coordinate efforts with other regulatory packages  Other clarifications

Primacy Status RuleEPA Final Rule DEP Final Rule Primacy Status Phase II01/30/199110/08/1994No Phase IIB07/01/199110/08/1994No Phase V07/17/199210/08/1994No Arsenic01/22/2001N/ANo LCR06/07/199112/23/1994Conditional RADs12/07/200004/03/2004Conditional FBRR06/08/200104/03/2004Conditional

Phase II/IIB/V  Monitoring requirements for IOCs/VOCs/SOCs  New source sampling requirements  Criteria for increased & reduced monitoring:  MCL exceedances vs. detections

Phase II/IIB/V  Criteria for increased & reduced monitoring (cont)  Reliably/consistently below MCL: Nitrate/nitrite – means <50% of MCL IOCs/VOCs/SOCs – means <80% of MCL

Phase II/IIB/V  Criteria for increased & reduced monitoring (cont)  Monitoring waiver criteria: IOC 9-year waivers VOC 3-year use waivers SOC 3-year use & susceptibility waivers

Phase II/IIB/V IOC Waiver Criteria:  Previous analytical results  Other factors that may affect concentrations, such as changes in:  Groundwater pumping rates  System configuration  Operating procedures  Stream flows or characteristics

 Compliance determinations:  Quarterly: Running annual average  Annual or less frequent: Average of routine and confirmation sample Phase II/IIB/V

LCR Rule Minor revisions to:  Monitoring requirements for nontransient noncommunity water systems  Reporting requirements (sample site location plans)

RADs Rule Clarification: Bulk water hauling or vended water systems that serve at least 25 of the same persons year-round or over 6- months per year shall comply with the monitoring requirements for community or noncommunity water systems, as appropriate

FBRR Rule Clarification: Reporting and record maintenance violations under the FBRR require the issuance of Tier 3 PN

Improve Data Quality  QA/QC requirements for on-line instrumentation are being amended to clarify the requirements for calibration.  Reporting requirements are being amended to mandate electronic reporting of self-monitoring data.

Electronic Reporting  DWELR is a secure web application  Available since 2003  Currently 70% of data voluntarily  Error detection programs  Water systems can view data

Other Reg Packages  Lab Accreditation  Operator Certification

Other Clarifications  Incorporate how compliance is determined  Clarify that brief description forms must be filed prior to construction

Public Outreach  Worked with EPA Region III staff from 2003 – 2005  Worked with DEP field staff from  Advisory Committee Activity:  TAC - November 17, 2005  WRAC - May 10, 2006  CPAC - November 17, 2006

TAC Comments  Clarify turbidity monitoring and calibration requirements  Use preamble to describe cost and impact of mandatory electronic reporting  Extend implementation date for electronic reporting by water suppliers  Clarify that water suppliers can defer reporting to their lab

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