Current through Register Vol. 48, No. 38, September 20, 2024
a) Treatment Technique Triggers. A supplier
must conduct assessments in accordance with subsection (b) after exceeding
treatment technique triggers in subsections (a)(1) and (a)(2).
1) Level 1 Treatment Technique Triggers
A) For a supplier taking 40 or more samples
per month, the supplier exceeds 5.0 % total coliform-positive samples for the
month.
B) For a supplier taking
fewer than 40 samples per month, the supplier has two or more total
coliform-positive samples in the same month.
C) The supplier fails to take every required
repeat sample after any single total coliform-positive sample.
2) Level 2 Treatment Technique
Triggers
A) An E. coli MCL violation, as
specified in Section
611.1060(a).
B) A second Level 1 trigger as defined in
subsection (a)(1), within a rolling 12-month period, unless the Agency, by a
SEP, has determined a likely reason that the samples that caused the first
Level 1 treatment technique trigger were total coliform-positive and has
established that the supplier has corrected the problem.
C) For a supplier with approved annual
monitoring, a Level 1 trigger in two consecutive years.
b) Requirements for Assessments
1) A supplier must ensure that Level 1 and
Level 2 assessments are conducted in order to identify the possible presence of
sanitary defects and defects in distribution system coliform monitoring
practices. Level 2 assessments must be conducted by parties approved by the
Agency.
2) When conducting
assessments, the supplier must ensure that the assessor evaluates minimum
elements that include review and identification of inadequacies in sample
sites; sampling protocol; sample processing; atypical events that could affect
distributed water quality or indicate that distributed water quality was
impaired; changes in distribution system maintenance and operation that could
affect distributed water quality (including water storage); source and
treatment considerations that bear on distributed water quality, where
appropriate (e.g., small ground water systems); and existing water quality
monitoring data. The supplier must conduct the assessment consistent with any
Agency directives that tailor specific assessment elements with respect to the
size and type of the system and the size, type, and characteristics of the
distribution system.
3) Level 1
Assessments. A supplier must conduct a Level 1 assessment consistent with
Agency requirements if the supplier exceeds one of the treatment technique
triggers in subsection (a)(1).
A) The supplier
must complete a Level 1 assessment as soon as practical after any trigger in
subsection (a)(1). In the completed assessment form, the supplier must describe
sanitary defects detected, corrective actions completed, and a proposed
timetable for any corrective actions not already completed. The assessment form
may also note that no sanitary defects were identified. The supplier must
submit the completed Level 1 assessment form to the Agency within 30 days after
the supplier learns that it has exceeded a trigger.
B) If the Agency reviews the completed Level
1 assessment and determines that the assessment is not sufficient (including
any proposed timetable for any corrective actions not already completed), the
Agency must consult with the supplier. If the Agency, by a SEP, requires
revisions after consultation, the supplier must submit a revised assessment
form to the Agency on an agreed-upon schedule not to exceed 30 days from the
date of the consultation.
C) Upon
completion and submission of the assessment form by the supplier, the Agency
must determine if the supplier has identified a likely cause for the Level 1
trigger and, if so, establish that the supplier has corrected the problem, or
has included a schedule acceptable to the Agency for correcting the
problem.
4) Level 2
Assessments. A supplier must ensure that a Level 2 assessment consistent with
Agency requirements is conducted if the supplier exceeds one of the treatment
technique triggers in subsection (a)(2). The supplier must comply with any
expedited actions or additional actions required by the Agency, by a SEP, in
the case of an E. coli MCL violation.
A) The
supplier must ensure that a Level 2 assessment is completed by the Agency or by
a party approved by the Agency as soon as practical after any trigger in
subsection (a)(2). The supplier must submit a completed Level 2 assessment form
to the Agency within 30 days after the supplier learns that it has exceeded a
trigger. The assessment form must describe sanitary defects detected,
corrective actions completed, and a proposed timetable for any corrective
actions not already completed. The assessment form may also note that no
sanitary defects were identified.
B) The supplier may conduct Level 2
assessments if the supplier has staff or management with the certification or
qualifications specified by the Agency unless otherwise directed by the Agency,
by a SEP.
C) If the Agency reviews
the completed Level 2 assessment and determines that the assessment is not
sufficient (including any proposed timetable for any corrective actions not
already completed), the Agency must consult with the system. If the Agency
requires revisions after consultation, the supplier must submit a revised
assessment form to the Agency on an agreed-upon schedule not to exceed 30
days.
D) Upon completion and
submission of the assessment form by the supplier, the Agency must determine if
the system has identified a likely cause for the Level 2 trigger and determine
whether the supplier has corrected the problem, or has included a schedule
acceptable to the Agency for correcting the problem.
c) Corrective Action. A supplier
must correct sanitary defects found through either Level 1 or 2 assessments
conducted under subsection (b). For corrections not completed by the time of
submission of the assessment form, the supplier must complete the corrective
actions in compliance with a timetable approved by the Agency, by a SEP, in
consultation with the supplier. The supplier must notify the Agency when each
scheduled corrective action is completed.
d) Consultation. At any time during the
assessment or corrective action phase, either the water supplier or the Agency
may request a consultation with the other party to determine the appropriate
actions to be taken. The supplier may consult with the Agency on all relevant
information that may impact on its ability to comply with a requirement of this
Subpart AA, including the method of accomplishment, an appropriate timeframe,
and other relevant information.
BOARD NOTE: Derived from
40
CFR 141.859.