Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 20 - RULES RELATING TO PUBLIC WATER SYSTEMS
Section 11-20-12 - Organic chemicals other than total trihalomethanes, sampling and analytical requirements
Universal Citation: HI Admin Rules 11-20-12
Current through February, 2024
(a) (Reserved)
(b) (Reserved)
(c) (Reserved)
(d) (Reserved)
(e) Analysis for the contaminants in section
11-20-4(d)
and (e) shall be conducted using the EPA methods cited in
40 C.F.R.
§
141.24(e), or
alternative methods listed in Appendix A to Title 40 Code of Federal
Regulations, Part 141, Subpart C, or their equivalent as approved by EPA.
Analysis for 1,2,3-trichloropropane shall be conducted using the EPA methods
cited in the EPA Technical Fact Sheet - 1,2,3-Trichloropropane (TCP), dated
January 2014 also available at
(f) Beginning with the initial compliance period, analysis of the contaminants listed in section 11-20-4(d) for the purpose of determining compliance with the MCL shall be conducted as follows:
(1) Ground water 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). Each sample must be taken at the same sampling point unless conditions
make another sampling point more representative of each source, treatment
plant, or within the distribution system.
(2) Surface water systems (or combined
surface and ground) shall take a minimum of one sample at points in the
distribution system that are representative of each source or at each entry
point to the distribution system after treatment (hereafter 'sampling point").
Each sample must be taken at the same sampling point unless conditions make
another sampling point more representative of each source, treatment plant, or
within the distribution system.
(3)
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 of normal operating conditions
(i.e., when water representative of all sources is being used).
(4) Each community and non-transient
non-community water system shall take four consecutive quarterly samples for
each contaminant listed in section
11-20-4(d),
with the exception of vinyl chloride, during each compliance period beginning
in the initial compliance period.
(5) If the initial monitoring for benzene,
carbon tetrachloride, para-dichlorobenzene, 1,2-dichloroethane,
1,1-dichloroethylene, 1,1,1-trichloroethane, trichloroethylene, and vinyl
chloride and the monitoring for all of the other contaminants listed in section
11-20-4(d)
as allowed in paragraph (18) has been completed by December 31, 1992 and the
system did not detect any contaminant listed in section
11-20-4(d)
then each ground and surface water system shall take one sample annually
beginning with the initial compliance period.
(6) After a minimum of three years of annual
sampling, the director may allow ground water systems which have no previous
detection of any contaminant listed in section
11-20-4(d)
to take one sample during each compliance period.
(7) Each community and non-transient
non-community ground water system which does not detect a contaminant listed in
section
11-20-4(d)
may apply to the director for a waiver from the requirements of paragraphs (5)
and (6) after completing the initial monitoring. (For the purposes of this
section, detection is defined as greater than or equal to 0.0005 mg/l.) A
waiver shall be effective for no more than six years (two compliance periods).
States may also issue waivers to small systems for the initial round of
monitoring for 1,2,4-trichlorobenzene.
(8) The director may grant a waiver after
evaluating the following factor(s):
(A)
Knowledge of previous use (including transport, storage, or disposal) of the
contaminant within the watershed or zone of influence of the system. If a
determination by the director reveals no previous use of the contaminant within
the watershed or zone of influence, a waiver may be granted.
(B) If previous use of the contaminant is
unknown or it has been used previously, then the following factors shall be
used to determine whether a waiver is granted.
(i)
Previous analytical results.
(ii)
The proximity of the system to potential point or non-point
source of contamination. Point sources include spills and leaks of chemicals at
or near a water treatment facility or at manufacturing, distribution, or
storage facilities, or from hazardous and municipal waste landfills and other
waste handling or treatment facilities.
(iii)
The environmental persistence and transport of the contaminants.
(iv) The number of persons served
by the public water system and the proximity of a smaller system to a larger
system.
(v) How well the water
source is protected against contamination such as whether it is a surface or
ground water system. Ground water systems must consider factors such as depth
of the well, the type of soil, and wellhead protection. Surface water systems
must consider watershed protection.
(9) As a condition of the waiver a system
must take one sample at each sampling point during the time the waiver is
effective (i.e., one sample during two compliance periods or six years), and
update its vulnerability assessment considering the factors listed in paragraph
(8). Based on this vulnerability assessment the director must reconfirm that
the system is non-vulnerable. If the director does not make this reconfirmation
within three years of the initial determination, then the waiver is invalidated
and the system is required to sample annually as specified in paragraph
(5).
(10) Each community and
non-transient non-community surface water system which does not detect a
contaminant listed in section
11-20-4(d)
may apply to the director for a waiver from the requirements of paragraph (5)
after completing the initial monitoring. 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. Systems meeting
this criteria must be determined by the director to be non-vulnerable based on
a vulnerability assessment during each compliance period. Each system receiving
a waiver shall sample at the frequency specified by the director (if
any).
(11) If a contaminant listed
in section
11-20-4(d),
with the exception of vinyl chloride, is detected at a level exceeding 0.0005
mg/l in any sample, then:
(A) The system must
monitor quarterly at each sampling point which resulted in a
detection.
(B) The director may
decrease the quarterly monitoring requirement specified in subparagraph (A)
provided it has determined that the system is reliably and consistently below
the MCL. In no case shall the director make this determination unless a ground
water system takes a minimum of two quarterly samples and a surface water
system takes a minimum of four quarterly samples.
(C) If the director determines that the
system is reliably and consistently below the MCL, the director may allow the
system to monitor annually. Systems which monitor annually must monitor during
the quarter(s) which previously yielded the highest analytical
result.
(D) Systems which have
three consecutive annual samples with no detection of a contaminant may apply
to the director for a waiver as specified in paragraph (7).
(E) Ground water systems which have detected
one or more of the following two-carbon organic compounds: trichloroethylene,
tetrachloroethylene,
1-2-dichloroethane,
1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, or
1,1-dichloroethylene shall monitor quarterly for vinyl chloride. A vinyl
chloride sample shall be taken at each sampling point at which one or more of
the two-carbon organic compounds was detected. If the results of the first
analysis do not detect vinyl chloride, the director may reduce the quarterly
monitoring frequency of vinyl chloride monitoring to one sample during each
compliance period. Surface water systems are required to monitor for vinyl
chloride as specified by the director.
(12) Systems which violate the requirements
of section
11-20-4(d)
as determined by paragraph (15) must monitor quarterly. After a minimum of four
consecutive quarterly samples which show the system is in compliance as
specified in paragraph (15), and the director determines that the system is
reliably and consistently below the MCL, the system may monitor at the
frequency and time specified in paragraph (11)(C).
(13) The director may require a confirmation
sample for positive or negative results. If a confirmation sample is required
by the director, the result must be averaged with the first sampling result and
the average is used for the compliance determination as specified by paragraph
(15). The director has discretion to delete results of obvious sampling errors
from this calculation.
(14) The
director may reduce the total number of samples a system must analyze by
allowing the use of compositing. 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 samples
must be done in the laboratory and analyzed within fourteen days of sample
collection.
(A) If the concentration in the
composite sample is greater than or equal to 0.0005 mg/l for any contaminant
listed in section
11-20-4(d),
then a follow-up sample must be taken within fourteen days at each sampling
point included in the composite, and be analyzed for that
contaminant.
(B) Duplicates may be
analyzed as specified by section
11-20-11(a)(4)(C).
(C) Compositing based on population served by
the system shall be performed as specified in section
11-20-11(a)(4)(B).
(D) Compositing samples prior to GC analysis
shall be performed as specified in
40 C.F.R.
§
141.24(f)(14)(iv).
(E) Compositing samples prior to
GC-MS analysis shall be performed as specified in
40 C.F.R.
§
141.24(f)(14)(v)(A-C).
(15) Compliance with section
11-20-4(d)
shall be determined based on the analytical results obtained at each sampling
point. If one sampling point is in violation of an MCL, the system is in
violation of the MCL.
(A) For systems
monitoring more than once per year, compliance with the MCL is determined by a
running annual average at each sampling point.
(B) Systems monitoring annually or less
frequently whose sample result exceeds the MCL must begin quarterly sampling.
The system will not be considered in violation of the MCL until it has
completed one year of quarterly sampling.
(C)
If any sample result will cause the running annual average to
exceed the MCL at any sampling point, the system is out of compliance with the
MCL immediately.
(D) If a system
fails to collect the required number of samples, compliance will be based on
the total number of samples collected.
(E)
If a sample result is less than the detection limit, zero will be
used to calculate the annual average.
(16) (Reserved)
(17) Analysis under this section shall only
be conducted by laboratories that are certified by EPA or the director
according to the conditions as specified in
40 C.F.R.
§
141.24(f)(17).
(18) The director may allow the use of
monitoring data collected after January 1, 1988 required under section 1445 of
the Safe Drinking Water Act for purposes of initial monitoring compliance. If
the data are generally consistent with the other requirements in this section,
the director may use those data (i.e., a single sample rather than four
quarterly samples) to satisfy the initial monitoring requirement of paragraph
(4). Systems which use grandfathered samples and did not detect any contaminant
listed in section
11-20-4(d)
shall begin monitoring annually in accordance with paragraph (5) beginning with
the initial compliance period.
(19) The director may increase required
monitoring where necessary to detect variations within the system.
(20) Each certified laboratory must determine
the method detection limit (MDL), as defined in Appendix B of 40 C.F.R. Part
136, at which it is capable of detecting VOCs. The acceptable method detection
limit is 0.0005 mg/l. This concentration is the detection concentration for
purposes of this section.
(21) Each
public water system shall monitor at the time designated by the director within
each compliance period.
(22) All
new systems or systems that use a new source of water that begin operation
after January 22, 2004 must demonstrate compliance with the MCL within a period
of time specified by the director. The system must also comply with the initial
sampling frequencies specified by the director to ensure that a system can
demonstrate compliance with the MCL. Routine and increased monitoring
frequencies shall be conducted in accordance with the requirements of this
section.
(g) (Reserved)
(h) Analysis of the contaminants listed in section 11-20-4(e) for the purposes of determining compliance with the MCL shall be conducted as follows:
(1) Ground water 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). Each sample must be taken at the same sampling point unless conditions
make another sampling point more representative of each source or treatment
plant.
(2) Surface water systems
shall take a minimum of one sample at points in the distribution system that
are representative of each source or at each entry point to the distribution
system after treatment (hereafter called a sampling point). Each sample must be
taken at the same sampling point unless conditions make another sampling point
more representative of each source or treatment plant. For purposes of this
paragraph, surface water systems include systems with a combination of surface
and ground sources.
(3) 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 of normal operating conditions (i.e., when
water representative of all sources is being used).
(4) Monitoring frequency:
(A) Each community and non-transient
non-community water system shall take four consecutive quarterly samples for
each contaminant listed in section
11-20-4(e)
during each compliance period beginning with the initial compliance
period.
(B) Systems serving more
than 3,300 persons which do not detect a contaminant in the initial compliance
period may reduce the sampling frequency to a minimum of two quarterly samples
in one year during each repeat compliance period.
(C) Systems serving 3,300 persons or less
which do not detect a contaminant in the initial compliance period may reduce
the sampling frequency to a minimum of one sample during each repeat compliance
period.
(5) Each
community and non-transient water system may apply to the director for a waiver
from the requirement of paragraph (4). A system must reapply for a waiver for
each compliance period.
(6) The
director may grant a waiver after evaluating the following factor(s): Knowledge
of previous use (including transport, storage, or disposal) of the contaminant
within the watershed or zone of influence of the system. If a determination by
the director reveals no previous use of the contaminant within the watershed or
zone of influence, a waiver may be granted. If previous use of the contaminant
is unknown or it has been used previously, then the following factors shall be
used to determine whether a waiver is granted:
(A) Previous analytical results.
(B) The proximity of the system to a
potential point or non-point source of contamination. Point sources include
spills and leaks of chemicals at or near a water treatment facility or at
manufacturing distribution, or storage facilities, or from hazardous and
municipal waste landfills and other waste handling or treatment facilities.
Non-point sources include the use of pesticides to control insect and weed
pests on agricultural areas, forest lands, home and gardens, and other land
application uses.
(C) The
environmental persistence and transport of the pesticide or PCBs.
(D) How well the water source is protected
against contamination due to such factors as depth of the well and the type of
soil and the integrity of the well casing.
(E) Elevated nitrate levels at the water
supply source.
(F) Use of PCBs in
equipment used in the production, storage, or distribution of water (i.e., PCBs
used in pumps, transformers, etc.).
(7) If an organic contaminant listed in
section
11-20-4(e)
is detected (as defined by paragraph (18) ) in any sample, then:
(A) Each system must monitor quarterly at
each sampling point which resulted in a detection.
(B) The director may decrease the quarterly
monitoring requirement specified in subparagraph (A) provided it has determined
that the system is reliably and consistently below the MCL. In no case shall
the director make this determination unless a ground water system takes a
minimum of two quarterly samples and a surface water system takes a minimum of
four quarterly samples.
(C) After
the director determines the system is reliably and consistently below the MCL,
the director may allow the system to monitor annually. Systems which monitor
annually must monitor during the quarter that previously yielded the highest
analytical result.
(D) Systems
which have three consecutive annual samples with no detection of a contaminant
may apply to the director for a waiver as specified in paragraph (6).
(E) If monitoring results in
detection of one or more of certain related contaminants (heptachlor,
heptachlor epoxide), then subsequent monitoring shall analyze for all related
contaminants.
(8) Systems
which violate the requirements of section
11-20-4(e)
as determined by paragraph (11) must monitor quarterly. After a minimum of four
quarterly samples show the system is in compliance and the director determines
the system is reliably and consistently below the MCL, as specified in
paragraph (11), the system shall monitor at the frequency specified in
paragraph (7)(C).
(9) The director
may require a confirmation sample for positive or negative results. If a
confirmation sample is required by the director, the result must be averaged
with the first sampling result and the average used for the compliance
determination as specified by paragraph (11). The director has discretion to
delete results of obvious sampling errors from this calculation.
(10) The director may reduce the total number
of samples a system must analyze by allowing the use of compositing. 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 samples must be done in the laboratory and analyzed within
fourteen days of sample collection.
(A) If
the concentration in the composite sample detects one or more contaminants
listed in section
11-20-4(e),
then a follow-up sample must be taken within fourteen days at each sampling
point included in the composite, and be analyzed for that contaminant.
(B) Duplicates may be analyzed as
specified in section
11-20-11(a)(4)(C).
(C) Compositing based on population served
by the system shall be performed as specified in section
11-20-11(a)(4)(B).
(11) Compliance with section
11-20-4(e)
shall be determined based on the analytical results obtained at each sampling
point. If one sampling point is in violation of an MCL, the system is in
violation of the MCL.
(A) For systems
monitoring more than once per year, compliance with the MCL is determined by a
running annual average at each sampling point.
(B) Systems monitoring annually or less
frequently whose sample result exceeds the regulatory detection level as
defined by paragraph (18) must begin quarterly sampling. The system will not be
considered in violation of the MCL until it has completed one year of quarterly
sampling.
(C) If any sample result
will cause the running annual average to exceed the MCL at any sampling point,
the system is out of compliance with the MCL immediately.
(D) If a system fails to collect the required
number of samples, compliance will be based on the total number of samples
collected.
(E) If a sample result
is less than the detection limit, zero will be used to calculate the annual
average.
(12) (Reserved)
(13) Analysis for PCBs shall be
conducted as specified in
40 C.F.R.
§
141.24(h)(13).
(14) If monitoring data collected after
January 1, 1990, are generally consistent with the requirements of this
subsection then the director may allow systems to use that data to satisfy the
monitoring requirement for the initial compliance period beginning January 1,
1993.
(15) The director may
increase the required monitoring frequency, where necessary, to detect
variations within the system (e.g., fluctuations in concentration due to
seasonal use, changes in water source).
(16) The director has the authority to
determine compliance or initiate enforcement action based upon analytical
results and other information compiled by his or her sanctioned representatives
and agencies.
(17) Each public
water system shall monitor at the time designated by the director within each
compliance period.
(18) Detection
as used in this paragraph shall be defined as greater than or equal to the
concentrations for each contaminant specified in
40 C.F.R.
§
141.24(h)(18).
(19) Analysis under this section shall only
be conducted by laboratories that have received certification by EPA or the
director and have met the conditions as specified in
40 C.F.R.
§
141.24(h)(19).
(20) All new systems or systems that use a
new source of water that begin operation after January 22, 2004 must
demonstrate compliance with the MCL within a period of time specified by the
director. The system must also comply with the initial sampling frequencies
specified by the director 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 section.
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