Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 20 - RULES RELATING TO PUBLIC WATER SYSTEMS
Section 11-20-45.3 - Stage 2 Disinfection Byproducts Requirements

Universal Citation: HI Admin Rules 11-20-45.3

Current through February, 2024

(a) General Requirements.

(1) The requirements of this section constitute national primary drinking water regulations. The regulations in this section establish monitoring and other requirements for achieving compliance with maximum contaminant levels based on locational running annual averages (LRAA) for total trihalomethanes (TTHM) and haloacetic acids (five)(HAA5), and for achieving compliance with maximum residual disinfectant residuals for chlorine and chloramine for certain consecutive systems.

(2) Applicability. You are subject to these requirements if your system is a community water system or a nontransient noncommunity water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light.

(3) Schedule. You must comply with the requirements in this section on the schedule in the following table based on your system type.

If you are this type of system

You must comply with Stage 2 Disinfection Byproduct monitoring by:1

Systems that are not part of a combined distribution system and systems that serve the largest population in the combined distribution system

System serving >=100,000

April 1, 2012

System serving 50,000-99,999

October 1, 2012

System serving 10,000-49,999

October 1, 2013

System serving <10,000

October 1, 20132 or

October 1, 20143

If you are this type of system

You must comply with Stage 2 Disinfection Byproduct monitoring by:1

Other systems that are part of a combined distribution system

Consecutive or wholesale system

-at the same time as the system with the earliest compliance date in the combined distribution system

1The State may grant up to an additional 24 months for compliance with MCLs and operational evaluation levels if you require capital improvements to comply with an MCL.

2If no Cryptosporidium monitoring is required under section 11-20-46.2(b)(1)(D).

3If no Cryptosporidium monitoring is required under section 11-20-46.2(b)(1)(D) or (F).

(A) Your monitoring frequency is specified in subsection (b)(1)(B).
(i) If you are required to conduct quarterly monitoring, you must begin monitoring in the first full calendar quarter that includes the compliance date in the table in this paragraph.

(ii) If you are required to conduct monitoring at a frequency that is less than quarterly, you must begin monitoring in the calendar month recommended in the IDSE report prepared under section 11-20-45.2(b) or (c) or the calendar month identified in the Stage 2 Disinfection Byproduct monitoring plan developed under subsection (c) no later than 12 months after the compliance date in this table.

(B) If you are required to conduct quarterly monitoring, you must make compliance calculations at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter (or earlier if the LRAA calculated based on fewer than four quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters). If you are required to conduct monitoring at a frequency that is less than quarterly, you must make compliance calculations beginning with the first compliance sample taken after the compliance date.

(C) For the purpose of the schedule in this paragraph, the State may determine that the combined distribution system does not include certain consecutive systems based on factors such as receiving water from a wholesale system only on an emergency basis or receiving only a small percentage and small volume of water from a wholesale system. The State may also determine that the combined distribution system does not include certain wholesale systems based on factors such as delivering water to a consecutive system only on an emergency basis or delivering only a small percentage and small volume of water to a consecutive system.

(4) Monitoring and compliance
(A) Systems required to monitor quarterly. To comply with this section MCLs in section 11-20-4.1(b)(2), you must calculate LRAAs for TTHM and HAA5 using monitoring results collected under this subpart and determine that each LRAA does not exceed the MCL. If you fail to complete four consecutive quarters of monitoring, you must calculate compliance with the MCL based on the average of the available data from the most recent four quarters. If you take more than one sample per quarter at a monitoring location, you must average all samples taken in the quarter at that location to determine a quarterly average to be used in the LRAA calculation.

(B) Systems required to monitor yearly or less frequently. To determine compliance with this section MCLs in section 11-20-4.1(b)(2), you must determine that each sample taken is less than the MCL. If any sample exceeds the MCL, you must comply with the requirements of subsection (f). If no sample exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location.

(5) Violation. You are in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if you fail to monitor.

(b) Routine Monitoring.

(1) Monitoring.
(A) If you submitted an IDSE report, you must begin monitoring at the locations and months you have recommended in your IDSE report submitted under section 11-20-45.2(f) following the schedule in subsection (a)(3), unless the State requires other locations or additional locations after its review. If you submitted a 40/30 certification under section 11-20-45.2(d) or you qualified for a very small system waiver under section 11-20-45.2(e) or you are a nontransient noncommunity water system serving <10,000, you must monitor at the location(s) and dates identified in your monitoring plan in section 11-20-45.1(c)(6), updated as required by subsection (c).

(B) You must monitor at no fewer than the number of locations identified in this paragraph.

Source water type

Population size category

Monitoring frequency1

Distribution system monitoring location total per monitoring period

Subpart H

<500

per year

2

500-3,300

per quarter

2

3,301-9,999

per quarter

2

10,000-49,999

per quarter

4

50,000-249,999

per quarter

8

250,000-999,999

per quarter

12

1,000,000-4,999,999

per quarter

16

>5,000,000

per quarter

20

Ground

<500

per year

2

water

500-9,999

per year

2

10,000-99,999

per quarter

4

100,000-499,999

per quarter

6

>500,000

per quarter

8

1All systems must monitor during month of highest DBP concentrations.

2Systems on quarterly monitoring must take dual sample sets every 90 days at each monitoring location, except for subpart H systems serving 500-3,300. Ground water systems serving 500-9,999 on annual monitoring must take dual sample sets at each monitoring location. All other systems on annual monitoring and subpart H systems serving 500-3,300 are required to take individual TTHM and HAA5 samples (instead of a dual sample set) at the locations with the highest TTHM and HAA5 concentrations, respectively. For systems serving fewer than 500 people, only one location with a dual sample set per monitoring period is needed if highest TTHM and HAA5 concentrations occur at the same location, and month, if monitored annually).

(C) If you are an undisinfected system that begins using a disinfectant other than UV light after the dates in section 11-20-45.2 for complying with the Initial Distribution System Evaluation requirements, you must consult with the State to identify compliance monitoring locations for this subpart. You must then develop a monitoring plan under subsection (c) that includes those monitoring locations.

(2) Analytical methods. You must use an approved method listed in section 11-20-45.1(b) for TTHM and HAA5 analyses in this section. Analyses must be conducted by laboratories that have received certification by EPA or the State as specified in section 11-20-45.1(b).

(c) Monitoring plan.

(1) You must develop and implement a monitoring plan to be kept on file for State and public review. The monitoring plan must contain the elements in this paragraph and be complete no later than the date you conduct your initial monitoring under this section.
(A) Monitoring locations;

(B) Monitoring dates;

(C) Compliance calculation procedures; and

(D) Monitoring plans for any other systems in the combined distribution system.

(2) If you were not required to submit an IDSE report under either section 11-20-45.2(b) or (c), and you do not have sufficient section 11-20-45.1 monitoring locations to identify the required number of this section compliance monitoring locations indicated in section 11-20-45.2(f)(2), you must identify additional locations by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of compliance monitoring locations have been identified. You must also provide the rationale for identifying the locations as having high levels of TTHM or HAA5. If you have more section 11-20-45.1 monitoring locations than required for this section compliance monitoring in section 11-20-45.2(f)(2), you must identify which locations you will use for this section compliance monitoring by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of this section compliance monitoring locations have been identified.

(3) If you are a subpart H system serving > 3,300 people, you must submit a copy of your monitoring plan to the State prior to the date you conduct your initial monitoring, unless your IDSE report submitted under section 11-20-45.2 contains all the information required by this section.

(4) You may revise your monitoring plan to reflect changes in treatment, distribution system operations and layout (including new service areas), or other factors that may affect TTHM or HAA5 formation, or for State-approved reasons, after consultation with the State regarding the need for changes and the appropriateness of changes. If you change monitoring locations, you must replace existing compliance monitoring locations with the lowest LRAA with new locations that reflect the current distribution system locations with expected high TTHM or HAA5 levels. The State may also require modifications in your monitoring plan. If you are a subpart H system serving > 3,300 people, you must submit a copy of your modified monitoring plan to the State prior to the date you are required to comply with the revised monitoring plan.

(d) Reduced monitoring.

(1) You may reduce monitoring to the level specified in the table in 40 C.F.R. § 141.623(a) any time the LRAA is <= 0.040 mg/L for TTHM and <= 0.030 mg/L for HAA5 at all monitoring locations. You may only use data collected under the provisions of this section or section 11-20-45.1 to qualify for reduced monitoring. In addition, the source water annual average TOC level, before any treatment, must be <= 4.0 mg/L at each treatment plant treating surface water or ground water under the direct influence of surface water, based on monitoring conducted under either section 11-20-45.1(c)(2)(A)(iii) or section 11-20-45.1(c)(4).

(2) You may remain on reduced monitoring as long as the TTHM LRAA <= 0.040 mg/L and the HAA5 LRAA <= 0.030 mg/L at each monitoring location (for systems with quarterly reduced monitoring) or each TTHM sample <= 0.060 mg/L and each HAA5 sample <= 0.045 mg/L (for systems with annual or less frequent monitoring). In addition, the source water annual average TOC level, before any treatment, must be <= 4.0 mg/L at each treatment plant treating surface water or ground water under the direct influence of surface water, based on monitoring conducted under either section 11-20-45.1(c)(2)(A)(iii) or section 11-20-45.1(c)(4).

(3) If the LRAA based on quarterly monitoring at any monitoring location exceeds either 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 or if the annual (or less frequent) sample at any location exceeds either 0.060 mg/L for TTHM or 0.045 mg/L for HAA5, or if the source water annual average TOC level, before any treatment, >4.0 mg/L at any treatment plant treating surface water or ground water under the direct influence of surface water, you must resume routine monitoring under subsection (b) or begin increased monitoring if subsection (f) applies.

(4) The State may return your system to routine monitoring at the State's discretion.

(e) Additional requirements for consecutive systems. If you are a consecutive system that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, you must comply with analytical and monitoring requirements for chlorine and chloramines in section 11-20-45.1(b)(3) and section 11-20-45.1(c)(3)(A) and the compliance requirements in section 11-20-45.1(d)(3)(A) beginning April 1, 2009, unless required earlier by the State, and report monitoring results under section 11-20-45.1(e)(3).

(f) Conditions requiring increased monitoring.

(1) If you are required to monitor at a particular location annually or less frequently than annually under subsection (b) or (d), you must increase monitoring to dual sample sets once per quarter (taken every 90 days) at all locations if a TTHM sample is > 0.080 mg/L or a HAA5 sample is > 0.060 mg/L at any location.

(2) You are in violation of the MCL when the LRAA exceeds this section's MCLs in section 11-20-4.1(b)(2), calculated based on four consecutive quarters of monitoring (or the LRAA calculated based on fewer than four quarters of data if the MCL would be exceeded regardless of the monitoring results of subsequent quarters). You are in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if you fail to monitor.

(3) You may return to routine monitoring once you have conducted increased monitoring for at least four consecutive quarters and the LRAA for every monitoring location is <= 0.060 mg/L for TTHM and <= 0.045 mg/L for HAA5.

(g) Operational evaluation levels.

(1) You have exceeded the operational evaluation level at any monitoring location where the sum of the two previous quarters' TTHM results plus twice the current quarter's TTHM result, divided by 4 to determine an average, exceeds 0.080 mg/L, or where the sum of the two previous quarters' HAA5 results plus twice the current quarter's HAA5 result, divided by 4 to determine an average, exceeds 0.060 mg/L.

(2) If you exceed the operational evaluation level, you must conduct an operational evaluation and submit a written report of the evaluation to the State no later than 90 days after being notified of the analytical result that causes you to exceed the operational evaluation level. The written report must be made available to the public upon request.
(A) Your operational evaluation must include an examination of system treatment and distribution operational practices, including storage tank operations, excess storage capacity, distribution system flushing, changes in sources or source water quality, and treatment changes or problems that may contribute to TTHM and HAA5 formation and what steps could be considered to minimize future exceedances.

(B) You may request and the State may allow you to limit the scope of your evaluation if you are able to identify the cause of the operational evaluation level exceedance. Your request to limit the scope of the evaluation does not extend the schedule in paragraph (2) for submitting the written report. The State must approve this limited scope of evaluation in writing and you must keep that approval with the completed report.

(h) Requirements for remaining on reduced TTHM and HAA5 monitoring based on section 11-20-45.1 results. You may remain on reduced monitoring after the dates identified in section (a)(3) for compliance with this section only if you qualify for a 40/30 certification under section 11-20-45.2(d) or have received a very small system waiver under section 11-20-45.2(e), plus you meet the reduced monitoring criteria in subsection (d)(1), and you do not change or add monitoring locations from those used for compliance monitoring under section 11-20-45.1. If your monitoring locations under this section differ from your monitoring locations under section 11-20-45.1, you may not remain on reduced monitoring after the dates identified in paragraph (a)(3) for compliance with this section.

(i) Requirements for remaining on increased TTHM and HAA5 monitoring based on section 11-20-45.1 results. If you were on increased monitoring under section 11-20-45.1(c)(2)(A), you must remain on increased monitoring until you qualify for a return to routine monitoring under subsection (f)(3). You must conduct increased monitoring under subsection (f) at the monitoring locations in the monitoring plan developed under subsection (c) beginning at the date identified in subsection (a)(3) for compliance with this section and remain on increased monitoring until you qualify for a return to routine monitoring under subsection (f)(3).

(j) Reporting and recordkeeping requirements.

(1) Reporting.
(A) You must report the following information for each monitoring location to the State within 10 days of the end of any quarter in which monitoring is required:
(i) Number of samples taken during the last quarter.

(ii) Date and results of each sample taken during the last quarter.

(iii) Arithmetic average of quarterly results for the last four quarters for each monitoring location (LRAA), beginning at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter. If the LRAA calculated based on fewer than four quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters, you must report this information to the State as part of the first report due following the compliance date or anytime thereafter that this determination is made. If you are required to conduct monitoring at a frequency that is less than quarterly, you must make compliance calculations beginning with the first compliance sample taken after the compliance date, unless you are required to conduct increased monitoring under subsection (f).

(iv) Whether, based on subsection 11-20-4.1(b)(2) and this section, the MCL was violated at any monitoring location.

(v) Any operational evaluation levels that were exceeded during the quarter and, if so, the location and date, and the calculated TTHM and HAA5 levels.

(B) If you are a subpart H system seeking to qualify for or remain on reduced TTHM/HAA5 monitoring, you must report the following source water TOC information for each treatment plant that treats surface water or ground water under the direct influence of surface water to the State within 10 days of the end of any quarter in which monitoring is required:
(i) The number of source water TOC samples taken each month during last quarter.

(ii) The date and result of each sample taken during last quarter.

(iii) The quarterly average of monthly samples taken during last quarter or the result of the quarterly sample.

(iv) The running annual average (RAA) of quarterly averages from the past four quarters.

(v) Whether the RAA exceeded 4.0 mg/L.

(C) The State may choose to perform calculations and determine whether the MCL was exceeded or the system is eligible for reduced monitoring in lieu of having the system report that information.

(2) Recordkeeping. You must retain this section's monitoring plans and this section's monitoring results as required by section 11-20-19.

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