(a)
Primary MCLs, MRDLs and treatment
technique requirements.
(1) A public
water system shall supply drinking water that complies with the primary MCLs,
MRDLs and treatment technique requirements adopted by the EQB under the
act.
(2) This subchapter
incorporates by reference the primary MCLs, MRDLs and treatment technique
requirements in the National Primary Drinking Water Regulations in 40 CFR Part
141 (relating to National Primary Drinking Water Regulations) as State MCLs,
MRDLs and treatment technique requirements under authority of section 4 of the
act (
35 P.S. §
721.4), unless other MCLs, MRDLs and
treatment technique requirements are established by regulations of the
Department. The primary MCLs, MRDLs and treatment technique requirements which
are incorporated by reference are effective on the date established by the
Federal regulations.
(3) A public
water system that is installing granular activated carbon or membrane
technology to comply with the MCL for TTHMs, HAA5, chlorite (where applicable)
or bromate (where applicable) may apply to the Department for an extension of
up to 24 months past the applicable compliance date specified in the Federal
regulations, but not beyond December 31, 2003. In granting the extension, the
Department will set a schedule for compliance and may specify any interim
measures that the Department deems necessary. Failure to meet the schedule or
interim treatment requirements constitutes a violation of National Primary
Drinking Water Regulations.
(4)
Other MCLs.
(i)
Effective
dates. The MCLGs and MCLs in subparagraph (ii)(A)-(B) are effective on
January 14, 2023.
(ii) The MCLGs
and MCLs for PFAS are:
CASRN |
Contaminant |
MCLG (mg/L) |
MCL (mg/L) |
MCLG (ng/L) |
MCL (ng/L) |
(A) 335-67-1 |
PFOA |
0.000008 |
0.000014 |
8 |
14 |
(B) 1763-23-1 |
PFOS |
0.000014 |
0.000018 |
14 |
18 |
(b)
Secondary MCLs.
(1) A public water system shall supply
drinking water that complies with the secondary MCLs adopted by the EQB under
the act, except for the MCL for pH which represents a reasonable goal for
drinking water quality.
(2) This
subchapter incorporates by reference the secondary MCLs established by the EPA
in the National Secondary Drinking Water Regulations,
40 CFR
143.3 (relating to secondary maximum
contaminant levels), as of January 30, 1991, as State MCLs, under the authority
of section 4 of the act, unless other MCLs are established by regulations of
the Department. The secondary MCL for copper is not incorporated by
reference.
(3) A secondary MCL for
aluminum of 0.2 mg/L is adopted as a State MCL.
(c)
Treatment technique requirements
for pathogenic bacteria, viruses and protozoan cysts. A public water
system shall provide adequate treatment to reliably protect users from the
adverse health effects of microbiological contaminants, including pathogenic
bacteria, viruses and protozoan cysts. The number and type of treatment
barriers and the efficacy of treatment provided shall be commensurate with the
type, degree and likelihood of contamination in the source water.
(1) A public water supplier shall provide, as
a minimum, continuous filtration and disinfection for surface water and GUDI
sources. The treatment technique must provide at least 99.9% removal and
inactivation of
Giardia lamblia cysts, and at least 99.99%
removal and inactivation of enteric viruses. Beginning January 1, 2002, public
water suppliers serving 10,000 or more people shall provide at least 99%
removal of
Cryptosporidium oocysts. Beginning January 1, 2005,
public water suppliers serving fewer than 10,000 people shall provide at least
99% removal of
Cryptosporidium oocysts. The Department,
depending on source water quality conditions, may require additional treatment
as necessary to meet the requirements of this chapter and to protect the public
health.
(i) The filtration process shall meet
the following performance requirements:
(A)
Conventional or irect filtration.
(I) The filtered water turbidity shall be
less than or equal to .5 NTU in 95% of the measurements taken each month under
109.301(1)
(relating to general monitoring requirements).
(II) The filtered water turbidity shall be
less than or equal to 2.0 NTU at all times, measured under
109.301(1).
(III) Beginning January 1, 2002, for public
water systems serving 10,000 or more persons, the filtered water turbidity
shall meet the following criteria:
(-a-) Be
less than or equal to 0.3 NTU in at least 95% of the measurements taken each
month under
109.301(1).
(-b-) Be less than or equal to 1 NTU at all
times, measured under
109.301(1).
(IV) Beginning January 1, 2005,
for public water systems serving fewer than 10,000 persons, the filtered water
turbidity shall meet the following criteria:
(-a-) Be less than or equal to 0.3 NTU in at
least 95% of the measurements taken each month under
109.301(1).
(-b-) Be less than or equal to 1 NTU at all
times, measured under
109.301(1).
(B)
Slow sand or
diatomaceous earth filtration.
(I)
The filtered water turbidity shall be less than or equal to 1.0 NTU in 95% of
the measurements taken each month under
109.301(1).
(II) The filtered water turbidity shall be
less than or equal to 2.0 NTU at all times, measured under
109.301(1).
(C)
Membrane
filtration.
(I) Beginning August 20,
2019, for all public water systems, the filtered water turbidity must be less
than or equal to 0.15 NTU in at least 95% of the measurements taken each month
under
109.301(1).
(II) Beginning August 20, 2019, for all
public water systems, the filtered water turbidity must be less than or equal
to 1 NTU at all times, measured under
109.301(1).
(D)
Other filtration
technologies. The same performance criteria as those given for
conventional filtration and direct filtration in clause (A) shall be achieved
unless the Department specifies more stringent performance criteria based upon
onsite studies, including pilot plant studies, where appropriate.
(ii) The combined total effect of
disinfection processes utilized in a filtration plant shall:
(A) Achieve at least 1.0-log inactivation of
Giardia cysts and 3.0-log inactivation of viruses as demonstrated by
measurements taken under
109.301(1).
Failure to maintain the minimum log inactivation for more than 4 hours of
operation constitutes a breakdown in treatment.
(B) Provide a minimum residual disinfectant
concentration of 0.20 mg/L at the entry point as demonstrated by measurements
taken under
109.301(1).
Failure to maintain the minimum entry point residual disinfectant concentration
for more than 4 hours of operation is a treatment technique
violation.
(iii) For an
unfiltered surface water source permitted for use prior to March 25, 1989, the
public water supplier shall:
(A) Maintain a
minimum residual disinfectant concentration in the water delivered to the
distribution system prior to the first customer of 2.5 mg/L expressed as free
chlorine or its equivalent as approved by the Department. The residual
disinfectant concentration shall be demonstrated by measurements taken under
109.301(2).
(I) For a system using disinfectants other
than free chlorine, the water supplier shall maintain:
(-a-) A minimum concentration that provides,
in terms of CTs achieved, a level of protection equivalent to that provided by
2.5 mg/L free chlorine, as determined by the available contact time between the
point of application and the first customer, under peak flow
conditions.
(-b-) At least .2 mg/L
of disinfectant in the water delivered to the distribution system prior to the
first customer.
(II) For
a system with extended contact times, generally 60 minutes or more, between the
point of application and the first customer, the Department may allow the water
supplier to maintain a disinfectant residual concentration less than 2.5 mg/L
free chlorine or its equivalent if the CTs established by the EPA are
achieved.
(B) Provide
continuous filtration and disinfection in accordance with this paragraph
according to the following schedule:
(I) By
December 31, 1991, for a public water system that, prior to March 25, 1989, had
a waterborne disease outbreak or Giardia contamination in its surface water
source.
(II) Within 48 months after
the discovery of one of the following conditions, or by December 31, 1995,
whichever is earlier, for a public water system that experiences the condition
after March 25, 1989:
(-a-) A waterborne
disease outbreak.
(-b-) Giardia
contamination in its surface water source.
(-c-) A violation of the microbiological MCL,
the turbidity MCL or the monitoring or reporting requirements for the
microbiological MCL.
(-d-) A
violation of the source microbiological or turbidity monitoring requirements
under
109.301(2)(i)
or the related reporting requirements.
(-e-) The source water fecal coliform
concentration exceeds 20/100 ml or the total coliform concentration exceeds
100/100 ml in a source water sample collected under §
109.301(2).
(-f-) The source water turbidity level
exceeds 5.0 NTU in a sample collected under §
109.301(2).
(-g-) The system fails to maintain a
continuous residual disinfectant concentration as required under this
sub-paragraph.
(III) By
December 31, 1995, for other public water systems not covered by subclause (I)
or (II).
(iv)
For an unfiltered surface water source which is subject to subparagraph
(iii)(B)(II) and (III), the public water supplier shall:
(A) Submit to the Department for approval a
feasibility study which specifies the means by which the supplier shall, by the
applicable deadline established in subpara-graph (iii)(B), meet the
requirements of this paragraph. The study shall identify the alternative which
best assures the long-term viability of the public water system to meet
drinking water standards. The study shall propose a schedule for completion of
work, including the design, financing, construction and operation of one of the
following alternatives:
(I) Permanent
filtration treatment facilities that meet the requirements of this
chapter.
(II) Abandonment of the
unfiltered surface water source and one of the following:
(-a-) Permanent interconnection with another
water supply which meets the requirements of this chapter.
(-b-) Permanent water treatment facilities,
utilizing groundwater as the source of supply, which meet the requirements of
this chapter.
(-c-) Provision for
adequate supply from existing sources which meets the requirements of this
chapter.
(B)
Submit the feasibility study according to the following schedule:
(I) By March 31, 1992, for a supplier which
prior to August 31, 1991, experienced a triggering event as specified in
subparagraph (iii)(B)(II).
(II) By
June 30, 1992, for a supplier which after August 31, 1991, but before January
1, 1992, experienced a triggering event as specified in subparagraph
(iii)(B)(II).
(III) By August 31,
1992, for other suppliers.
(C) Submit a full and complete permit
application for the means identified in the approved feasibility study by which
the supplier shall meet the requirements of this paragraph, according to the
following schedule:
(I) By the date set in
the approved feasibility study for a supplier which, prior to January 1, 1992,
experienced a triggering event as specified in subparagraph
(iii)(B)(II).
(II) By June 30,
1993, for a supplier subject to the requirements of subparagraph (iii)(B)(III),
except that a public water supplier serving fewer than 3,300 people may submit
its permit application by December 31, 1993.
(D) Initiate construction of the means
identified in the approved feasibility study by which the supplier shall meet
the requirements of this paragraph, according to the following schedule:
(I) By the date set in the approved
feasibility study for a supplier which, prior to January 1, 1992, experienced a
triggering event as specified in subparagraph (iii)(B)(II).
(II) By June 30, 1994, for a supplier subject
to the requirements of subparagraph (iii)(B)(III), except that a public water
supplier serving fewer than 3,300 people may initiate construction by December
31, 1994.
(E) Complete
construction and commence operation of the alternative identified in the
approved feasibility study by the dates specified in subparagraph
(iii)(B).
(v) The
requirements of subparagraph (iv) do not modify, repeal, suspend, supersede or
otherwise change the terms of a compliance schedule or deadline, established by
an existing compliance order, consent order and agreement, consent
adjudication, court order or consent decree. For purposes of this paragraph,
the term "existing" means a compliance order, consent order and agreement,
consent adjudication, court order or consent decree which was issued or dated
before December 14, 1991.
(vi) For
a source including springs, infiltration galleries, cribs or wells permitted
for use by the Department prior to May 16, 1992, and determined by the
Department to be a GUDI source, the public water supplier shall:
(A) Maintain a minimum residual disinfectant
concentration in the water delivered to the distribution system prior to the
first customer in accordance with subpara-graph (iii)(A).
(B) Provide continuous filtration and
disinfection in accordance with this paragraph within 48 months after the
Department determines the source of supply is a GUDI source.
(C) Submit to the Department for approval a
feasibility study within 1 year after the Department determines the source of
supply is a GUDI source. The feasibility study shall specify the means by which
the supplier shall, within the deadline established in clause (B), meet the
requirements of this paragraph and shall otherwise comply with subparagraph
(iv)(A).
(2) In
addition to meeting the requirements of paragraph (1), a public water supplier
using surface water or GUDI sources shall also comply with the requirements of,
and on the schedules in, Subchapter L (relating to long-term 2 enhanced surface
water treatment rule).
(3) A
community public water system shall provide continuous disinfection and comply
with Subchapter M (relating to additional requirements for groundwater sources)
for groundwater sources.
(4) Public
water systems shall conduct assessments in accordance with
109.705(b)
(relating to system evaluations and assessments) after meeting any of the
triggers under subparagraph (i) or (ii). Failure to conduct an assessment or
complete a corrective action in accordance with
109.705(b)
is a treatment technique violation requiring 1-hour reporting in accordance
with
109.701(a)(3)
(relating to reporting and recordkeeping)
and public notification in accordance with
109.409
(relating to Tier 2 public notice-categories, timing and delivery of notice).
(i) A Level 1 assessment is triggered if any
of the following conditions occur:
(A) For
systems taking 40 samples or more per month under
109.301(3),
the system exceeds 5.0% total coliform-positive samples for the
month.
(B) For systems taking fewer
than 40 samples per month under
109.301(3),
the system has two or more total coliform-positive samples in the same
month.
(C) The system fails to take
every required check sample under
109.301(3)
after any single total coliform-positive sample.
(ii) A Level 2 assessment is triggered if any
of the following conditions occur:
(A) A
system fails to meet the E. coli MCL as specified under
subsection (a)(2).
(B) A system
triggers another Level 1 assessment, as defined in subparagraph (i), within a
rolling 12-month period, unless the Department has determined a likely reason
that the samples that caused the first Level 1 assessment were total
coliform-positive and has established that the system has corrected the
problem.
(5)
Failure by a seasonal water system to complete the approved start-up procedure
prior to serving water to the public as required under
109.715
(relating to seasonal systems) is a treatment technique violation requiring
1-hour reporting in accordance with
109.701(a)(3)
and public notification in accordance with § 109.409.
(6) Community water systems using a chemical
disinfectant or that deliver water that has been treated with a chemical
disinfectant shall comply with the minimum residual disinfectant concentration
specified in
109.710
(relating to disinfectant residual in the distribution system).
(7) Nontransient noncommunity water systems
that have installed chemical disinfection and transient noncommunity water
systems that have installed chemical disinfection in accordance with paragraph
(1) or
109.1302(b)
(relating to treatment technique requirements) shall comply with the minimum
residual disinfectant concentration specified in § 109.710.
(d)
Fluoride. A
public water system shall comply with the primary MCL for fluoride of 2 mg/L,
except that a noncommunity water system implementing a fluoridation program
approved by the Department of Health and using fluoridation facilities approved
by the Department under
109.505
(relating to requirements for noncom-munity water systems) may exceed the MCL
for fluoride but may not exceed the fluoride level approved by the Department
of Health. The secondary MCL for fluoride of 2 mg/L established by the EPA
under
40 CFR
143.3 is not incorporated into this
chapter.
(e)
Treatment
technique requirements for acrylamide and epichlorohydrin. Systems
which use acrylamide or epichlorohydrin in the water treatment process shall
certify in accordance with
109.701(d)(7)
that the following specified levels have not been exceeded:
(1) Acrylamide = 0.05% dosed at 1 ppm (or
equivalent).
(2) Epichlorohydrin =
0.01% dosed at 20 ppm (or equivalent).
(f)
MRDLs.
(1) A public water system shall supply
drinking water that complies with the MRDLs adopted by the EQB under the
act.
(2) This subchapter
incorporates by reference the primary MRDLs in the National Primary Drinking
Water Regulations, in 40 CFR
Part
141, Subpart G (relating to National
Primary Drinking Water Regulations: maximum contaminant levels and maximum
residual disinfectant levels) as State MRDLs, under the authority of section 4
of the act, unless other MRDLs are established by regulations of the
Department. The primary MRDLs which are incorporated by reference are effective
on the date established by the Federal regulations.
(g)
Treatment technique requirements
for disinfection byproduct precursors. Community water systems and
nontransient noncommunity water systems that use either surface water or GUDI
sources and that use conventional filtration treatment shall provide adequate
treatment to reliably control disinfection byproduct precursors in the source
water. Enhanced coagulation and enhanced softening are deemed by the Department
to be treatment techniques for the control of disinfection byproduct precursors
in drinking water treatment and distribution systems. This subchapter
incorporates by reference the treatment technique in
40
CFR
141.135 (relating to treatment technique
for control of disinfection byproduct (DBP) precursors). Coagulants approved by
the Department are deemed to be acceptable for the purpose of this treatment
technique. This treatment technique is effective on the date established by the
Federal regulations.
(h)
Recycling of waste stream.
(1) Except as provided in paragraph (2), a
public water system that uses surface water source or GUDI and provides
conventional filtration or direct filtration treatment and recycles spent
filter backwash water, thickener supernatant, or liquids from dewatering
processes shall return these recycled flows through the processes of the
system's existing conventional or direct filtration system as defined in
109.1
(relating to definitions) or at an alternate location approved by the
Department by June 8, 2004.
(2) If
capital improvements are required to modify the recycle location to meet the
requirement of paragraph (1), the capital improvements shall be completed by
June 8, 2006.
(3) Capital
improvement means a nonrecurring, significant modification for nonroutine,
long-term physical improvements to any part of a public water system,
including, but not limited to, construction activities, renovation activities,
demolition activities, source development, treatment process modifications,
storage modifications, distribution system modifications, waste-processing
modifications and all associated design costs.