Tenn. Comp. R. & Regs. 0400-45-01-.09 - INORGANIC CHEMICAL SAMPLING AND ANALYTICAL REQUIREMENTS

(1) Monitoring and analysis for the purpose of determining compliance with the maximum contaminant level for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, total nitrate and nitrite, thallium, and selenium shall be conducted as follows:

(a) Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point) beginning in the compliance period starting January 1, 1993. The system shall take such sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(b) Surface water systems shall take a minimum of one sample at every entry point to the distribution system after any application of treatment, or in the distribution system at a point which is representative of each source after treatment (hereafter called a sampling point), beginning in the compliance period starting January 1, 1993. The systems shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. Surface water systems include systems with a combination of surface and ground sources.

(c) If the system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods when water representative of all sources is being used.

(d) The Department may reduce the total number of analyses by allowing the use of composite sampling. Composite samples from a maximum of five sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of sample must be done in the laboratory.

1. If the concentration in the composite sample is greater than or equal to one-fifth of the MCL of an inorganic chemical, then a follow-up sample must be taken within 14 days at each sampling point included in the composite. These samples must be analyzed for the contaminants which were detected in the composite sample.

2. If duplicates of the original samples taken from each sampling point used in the composite are available, the system may use these instead of resampling. The duplicates must be analyzed and the results reported to the Department within 14 days of collection.

3. If the population served by the system is greater than 3,300 persons, then compositing may only be permitted by the Department at sampling points within a single system. In systems serving 3,300 or less persons, the Department may permit compositing among different systems provided the 5-sample limit is maintained.

(e) All new systems or systems that use a new source of water that begin operation after the effective date of this rule must demonstrate compliance with the MCL within a period of time specified by the Department. The system must also comply with the initial sampling frequencies specified by the Department to ensure a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements of this rule.

(2) Compliance with the maximum contaminant level for inorganics shall be determined as specified in paragraph (7) of this rule. The frequency of monitoring for asbestos shall be in accordance with paragraph (3) of this rule. The frequency of monitoring antimony, arsenic, barium, beryllium, cadmium, cyanide, chromium, fluoride, mercury, nickel, selenium and thallium shall be in accordance with paragraph (4) of this rule. The frequency of monitoring for nitrate shall be in accordance with paragraph (5) of this rule. The frequency of monitoring for nitrite shall be in accordance with paragraph (6) of this rule.

(3) The frequency of monitoring required to determine compliance with the maximum contaminant level for asbestos shall be as follows:

(a) Each community and non-transient, non-community water system is required to monitor for asbestos during the first three-year compliance period of each nine-year compliance cycle beginning in the compliance period starting January 1, 1993.

1. All community water systems and non-transient non-community water systems serving more than 10,000 people shall complete initial sampling by December 31, 1993. All community water systems and non-transient non-community water systems serving from 3,300 to 10,000 people shall complete initial sampling by December 31, 1994. All other community water systems and non-transient non-community water systems shall complete monitoring by December 31, 1995. Repeat samples shall be collected thereafter on a nine year cycle.

(b) If the system believes it is not vulnerable to either asbestos contamination in its source water or due to corrosion of asbestos-cement pipe, or both, it may apply to the Department to be excluded from the monitoring requirement in subparagraph (a) of this paragraph. If the Department agrees to exclude the system, the system is not required to monitor.

(c) The Department may exclude a system from asbestos monitoring provided the public water system provides the Department with a sworn statement by the superintendent, manager or chief operator of the system that no asbestos materials have been used in its treatment plant and distribution system and that no asbestos containing materials will be used in the system after the date of the system requests to be excluded.

(d) An asbestos monitoring waiver if issued by the Department remains in effect for three years or until the system installs asbestos containing materials in the system. Systems shall notify the Department within 48 hours of using any asbestos containing materials. Systems not receiving a waiver shall monitor in accordance with subparagraph (a) of this paragraph.

(e) A system vulnerable to asbestos contamination due solely to corrosion of asbestos-cement pipe shall take one sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(f) A system vulnerable to asbestos contamination due solely to source water shall monitor in accordance with the provision of paragraph (2) of this rule.

(g) A system vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take one sample at a tap served by asbestos- cement pipe and one sample at the entry point to the distribution system under conditions where asbestos contamination is most likely to occur.

(h) A system which exceeds the maximum contaminant level at any sampling point shall monitor quarterly beginning in the next quarter after the violation occurred.

(i) The Department may decrease the quarterly monitoring requirement to the frequency specified in subparagraph (a) of this paragraph provided the Department has determined a ground water system has collected two consecutive quarterly samples and a surface (or combined surface/ground water system) has four consecutive samples below the MCL.

(j) If monitoring data collected after January 1, 1990 comply with the requirements of this paragraph, then the Department may allow systems to use that data to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.

(4) The frequency of monitoring conducted to determine compliance with the maximum contaminant levels for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium and thallium shall be as follows:

(a) Groundwater systems shall take one sample at each sampling point during each three year compliance period starting January 1, 1993. Surface water systems and combined surface/ground systems shall take one sample annually at each sampling point beginning January 1, 1993.

(b) Systems which exceed the maximum contaminant levels shall monitor quarterly beginning in the next quarter after the violation occurred.

(c) The Department may decrease the quarterly monitoring requirement to the frequencies specified in subparagraph (a) of this paragraph provided a ground water system has collected two consecutive quarterly samples and a surface water system has a minimum of four consecutive quarterly samples below the MCL.

(d) The system may apply to the Department for a waiver from the monitoring frequencies specified in subparagraph (a) of this paragraph. The Department may grant a public water system a waiver for monitoring cyanide, provided that the Department determines that the system is not vulnerable due to the lack of any industrial source of cyanide.

(e) A condition of the waiver shall require that a system shall take a minimum of one sample while the waiver is effective. The term during which the waiver is effective shall not exceed one compliance cycle (i.e., nine years).

(f) The Department may grant a waiver provided surface water systems have monitored annually for at least three years and groundwater systems have conducted a minimum of three rounds of monitoring. (At least one sample shall have been taken since January 1, 1990). Both surface and groundwater systems shall demonstrate that all previous analytical results were less than the maximum contaminant level. Systems that use a new water source are not eligible for a waiver until three rounds of monitoring from the new source have been completed.

(g) In determining the appropriate reduced monitoring frequency, the Department shall consider:

1. Reported concentrations from all previous monitoring;

2. The degree of variation in reported concentrations; and

3. Other factors which may affect contaminant concentrations such as changes in groundwater pumping rates, changes in the system's configuration, changes in the system's operating procedures, or changes in stream flows or characteristics.

(h) A decision by the Department to grant a waiver shall be made in writing and shall set forth the basis for the determination. The determination may be initiated by the Department or upon an application by the public water system. The public water system shall specify the basis for its request. The Department shall review and, where appropriate, revise its determination of the appropriate monitoring frequency when the system submits new monitoring data or when other data relevant to the system's appropriate monitoring frequency become available.

(5) All public water systems (community, non-transient non-community, and transient non-community systems) shall monitor to determine compliance with the maximum contaminant level for nitrate.

(a) Community and non-transient non-community water systems served by ground water system shall monitor annually beginning January 1, 1993. Community and non- transient systems served by surface water shall monitor quarterly beginning January 1, 1993.

(b) For community and non-transient non-community water systems, the repeat monitoring frequency for ground water systems shall be quarterly for at least one year following any one sample in which the concentration is greater than or equal to 50 percent of the MCL. The Department may allow a groundwater system to reduce the sampling frequency to annually after the results of four consecutive quarterly samples are below the MCL.

(c) For community and non-transient non-community water systems, the Department may allow a surface water system to reduce the sampling frequency to annually if all analytical results from four consecutive quarters are less than 50 percent of the MCL. A surface water system shall return to quarterly monitoring if any one sample is greater than or equal to 50 percent of the MCL.

(d) Each transient non-community water system shall monitor annually beginning January 1, 1993.

(e) After the initial round of quarterly sampling is completed, each community and non-transient non-community system which has been allowed to reduce its monitoring to annually shall take subsequent samples during the quarter(s) which previously resulted in the highest analytical result.

(6) All public water systems (community, non-transient non-community, and transient non-community systems) shall monitor to determine compliance with the maximum contaminant level for nitrite.

(a) All public water systems shall take one sample at each sampling point during the compliance period beginning January 1, 1993, and ending December 31, 1995.

(b) After the initial sample, systems where an analytical result for nitrite is less than 50 percent of the MCL shall monitor at the frequency determined by the Department in accordance with the criteria in subparagraph (4)(g) of this rule.

(c) For community, non-transient non-community, and transient non-community water systems, the repeat monitoring frequency for any water system shall be quarterly for at least one year following any one sample in which the concentration is greater than or equal to 50 percent of the MCL. The Department may allow a system to reduce the sampling frequency to annually after determining the system has four consecutive quarters of data less than the MCL.

(d) Systems which are monitoring annually shall take each subsequent sample during the quarter(s) which previously resulted in the highest analytical result.

(7) Confirmation samples:

(a) Where the results of sampling for asbestos, antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride mercury, nickel, selenium or thallium indicate an exceedance of the maximum contaminant level, the Department may require that one additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two weeks after the date of the initial sample analysis) at the same sampling point.

(b) Where nitrate or nitrite sampling results indicate an exceedance of the maximum contaminant level, the system shall take a confirmation sample within 24 hours of the system's receipt of notification of the analytical results of the first sample. Systems unable to comply with the 24-hour sampling requirement must immediately notify the consumers served by the public water system in accordance with Rule 0400-45-01-.19. Systems that give public notice rather than collect a confirmation sample within 24-hours must take and analyze a confirmation sample within two weeks of notification of the analytical results of the first sample.

(c) If confirmation samples are taken for any contaminant, then the results of the initial and confirmation sample shall be averaged. The resulting average shall be used to determine the system's compliance in accordance with paragraph (10) of this rule. Results of documented sampling errors may be deleted if approved by the Department.

(8) The Department may require more frequent monitoring than specified in paragraphs (3), (4), (5), and (6) of this rule or may require confirmation samples for positive and negative results.

(9) Systems may conduct more frequent monitoring than the minimum monitoring frequencies specified in this rule.

(10) Compliance with the MCLs for inorganic chemicals listed in Rule 0400-45-01-.06 shall be determined based on the analytical result(s) obtained at each sampling point.

(a) For systems which are conducting monitoring at a frequency greater than annual, compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium and thallium is determined by a running annual average at each sampling point. If the average at any sampling point is greater than the MCL, then the system is out of compliance. If any one sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any sample below the detection limit shall be calculated at zero for the purpose of determining the annual average. If a system fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.

(b) For systems which are monitoring annually, or less frequently, the system is out of compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury nickel, selenium and thallium if the level of a contaminant at any sampling point is greater than the MCL. If confirmation samples are required by the Department, the determination of compliance will be based on the annual average of the initial MCL exceedance and any Department required confirmation samples. If a system fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.

(c) Compliance with the maximum contaminant levels for nitrate and nitrite is determined based on one sample if the levels of these contaminants are below the MCLs. If the levels of nitrate and/or nitrite exceed the MCLs in the initial sample, a confirmation sample is required in accordance with paragraph (7)(b) of this rule, and compliance shall be determined based on the average of the initial and confirmation samples.

(d) If a public water system has a distribution system separate and distinct from other parts of the distribution system with no interconnections, the Department may allow the system to give public notice to only the area served by that portion of the system which is out of compliance.

(e) Arsenic sampling results will be reported to the nearest 0.001 mg/L.

(11) The Department may establish specific times during each compliance periods for public water systems to complete its monitoring.

Notes

Tenn. Comp. R. & Regs. 0400-45-01-.09

Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Authority: T.C.A. §§ 68-221-701 et seq. and 4-5-201 et seq.