Current through Register Vol. 48, No. 38, September 20, 2024
Monitoring of the Phase I, Phase II, and Phase V VOCs for the
purpose of determining compliance with the MCL must be conducted as
follows:
a) Definitions. As used in
this Section the following have the given meanings:
"Detect" and "detection" mean that the contaminant of
interest is present at a level greater than or equal to the "detection
limit".
"Detection limit" means 0.0005 mg/l.
BOARD NOTE: Derived from
40 CFR
141.24(f)(7), (f)(11), (f)(14)(i), and
(f)(20). This is a "trigger level" for Phase
I, Phase II, and Phase V VOCs inasmuch as it prompts further action. The use of
the term "detect" in this Section is not intended to include any analytical
capability of quantifying lower levels of any contaminant, or the "method
detection limit". Note, however, that certain language at the end of federal
paragraph (f)(20) is capable of meaning that the "method detection limit" is
used to derive the "detection limit". The Board has chosen to disregard that
language at the end of paragraph (f)(20) in favor of the more direct language
of paragraphs (f)(7) and (f)(11).
"Method detection limit", as used in subsections (q) and (t)
means the minimum concentration of a substance that can be measured and
reported with 99 percent confidence that the analyte concentration is greater
than zero and is determined from analysis of a sample in a given matrix
containing the analyte.
BOARD NOTE: Derived from appendix B to 40 CFR 136. The method
detection limit is determined by the procedure set forth in appendix B to 40
CFR 136, incorporated by reference in Section
611.102(c).
See subsection (t).
b)
Required Sampling. Each supplier must take a minimum of one sample at each
sampling point at the times required in subsection (u).
c) Sampling Points
1) Sampling Points for a GWS. Unless
otherwise provided by a SEP granted by the Agency, a GWS supplier must take at
least one sample from each of the following points: each entry point that is
representative of each well after treatment.
2) Sampling Points for an SWS or Mixed System
Supplier. Unless otherwise provided by a SEP granted by the Agency, an SWS or
mixed system supplier must sample from each of the following points:
A) Each entry point after treatment;
or
B) Points in the distribution
system that are representative of each source.
3) The supplier must take each sample at the
same sampling point unless the Agency has granted a SEP that designates another
location as more representative of each source, treatment plant, or within the
distribution system.
4) If a system
draws water from more than one source, and the sources are combined before
distribution, the supplier must sample at an entry point during periods of
normal operating conditions when water is representative of all sources being
used.
BOARD NOTE: Subsections (b) and (c) derived from
40 CFR
141.24(f)(1) through
(f)(3).
d) Each CWS and NTNCWS supplier must take
four consecutive quarterly samples for each of the Phase I VOCs, excluding
vinyl chloride, and Phase II VOCs during each compliance period, beginning in
the compliance period starting in the initial compliance period.
e) This subsection (e) corresponds with
40 CFR
141.24(f)(5), which no
longer has operative effect. This statement maintains structural consistency
with the federal regulations.
f)
GWS Reduction to Triennial Monitoring Frequency. After a minimum of three years
of annual sampling, GWS suppliers that have not previously detected any of the
Phase I VOCs, including vinyl chloride; Phase II VOCs; or Phase V VOCs must
take one sample during each three-year compliance period.
g) A CWS or NTNCWS supplier that has
completed the initial round of monitoring required by subsection (d) and which
did not detect any of the Phase I VOCs, including vinyl chloride; Phase II
VOCs; and Phase V VOCs may apply to the Agency for a SEP that releases it from
the requirements of subsection (f). A supplier that serves fewer than 3300
service connections may apply to the Agency for a SEP that releases it from the
requirements of subsection (d) as to 1,2,4-trichlorobenzene.
BOARD NOTE: Derived from
40 CFR
141.24(f)(7) and (f)(10),
and the discussion at 57 Fed. Reg. 31825 (July 17, 1992). Provisions concerning
the term of the waiver appear in subsections (i) and (j). The definition of
"detect", parenthetically added to the federal counterpart paragraph, is in
subsection (a).
h)
Vulnerability Assessment. The Agency must consider the factors of Section
611.110(a)
in granting a SEP from the requirements of subsection (d), (e), or (f) under
subsection (g).
i) A SEP issued to
a GWS under subsection (g) is for a maximum of six years, except that a SEP as
to the subsection (d) monitoring for 1,2,4-trichlorobenzene must apply only to
the initial round of monitoring. As a condition of a SEP, except as to a SEP
from the initial round of subsection (d) monitoring for 1,2,4-trichlorobenzene,
the supplier shall, within 30 months after the beginning of the period for
which the waiver was issued, reconfirm its vulnerability assessment required by
subsection (h) and submitted under subsection (g), by taking one sample at each
sampling point and reapplying for a SEP under subsection (g). Based on this
application, the Agency must do either of the following:
1) If it determines that the PWS meets the
standard of Section
611.610(e),
issue a SEP that reconfirms the prior SEP for the remaining three-year
compliance period of the six-year maximum term; or
2) Issue a new SEP requiring the supplier to
sample annually.
BOARD NOTE: Subsection (i) does not apply to an SWS or mixed
system supplier.
j) Special Considerations for a SEP for an
SWS or Mixed-System Supplier
1) The Agency
must determine that an SWS is not vulnerable before issuing a SEP to an SWS
supplier. A SEP issued to an SWS or mixed system supplier under subsection (g)
is for a maximum of one compliance period; and
2) The Agency may require, as a condition to
a SEP issued to an SWS or mixed supplier, that the supplier take such samples
for Phase I, Phase II, and Phase V VOCs at such a frequency as the Agency
determines are necessary, based on the vulnerability assessment.
BOARD NOTE: There is a great degree of similarity between
40 CFR
141.24(f)(7), the provision
applicable to GWSs, and
40 CFR
141.24(f)(10), the provision
for SWSs. The Board has consolidated the common requirements of both paragraphs
into subsection (g). Subsection (j) represents the elements unique to an SWSs
or mixed system, and subsection (i) relates to a GWS supplier. Although
40 CFR
141.24(f)(7) and (f)(10) are
silent as to a mixed system supplier, the Board has included a mixed system
supplier with an SWS supplier because this best follows the federal scheme for
all other contaminants.
k) If one of the Phase I VOCs, excluding
vinyl chloride; a Phase II VOC; or a Phase V VOC is detected in any sample,
then the following must occur:
1) The
supplier must monitor quarterly for that contaminant at each sampling point
that resulted in a detection.
2)
Annual Monitoring
A) The Agency must grant a
SEP that allows a supplier to reduce the monitoring frequency to annual at a
sampling point if it determines that the sampling point is reliably and
consistently below the MCL.
B) A
request for a SEP must include the following minimal information:
i) For a GWS, two quarterly
samples.
ii) For an SWS or mixed
system supplier, four quarterly samples.
C) In issuing a SEP, the Agency must specify
the level of the contaminant upon which the "reliably and consistently"
determination was based. Any SEP that allows less frequent monitoring based on
an Agency "reliably and consistently" determination must include a condition
requiring the supplier to resume quarterly monitoring under subsection (k)(1)
if it violates the MCL specified by Section
611.311.
3) Suppliers that monitor annually
must monitor during the quarters that previously yielded the highest analytical
result.
4) Suppliers that do not
detect a contaminant at a sampling point in three consecutive annual samples
may apply to the Agency for a SEP that allows it to discontinue monitoring for
that contaminant at that point, as specified in subsection (g).
5) A GWS supplier that has detected one or
more of the two-carbon contaminants listed in subsection (k)(5)(A) must monitor
quarterly for vinyl chloride as described in subsection (k)(5)(B), subject to
the limitation of subsection (k)(5)(C).
A)
"Two-carbon contaminants" (Phase I or II VOC) are the following:
1,2-Dichloroethane (Phase I)
1,1-Dichloroethylene (Phase I)
cis-1,2-Dichloroethylene (Phase II)
trans-1,2-Dichloroethylene (Phase II)
Tetrachloroethylene (Phase II)
1,1,1-Trichloroethylene (Phase I)
Trichloroethylene (Phase I)
B) The supplier must sample quarterly for
vinyl chloride at each sampling point at which it detected one or more of the
two-carbon contaminants listed in subsection (k)(5)(A).
C) The Agency must grant a SEP that allows
the supplier to reduce the monitoring frequency for vinyl chloride at any
sampling point to once in each three-year compliance period if it determines
that the supplier has not detected vinyl chloride in the first sample required
by subsection (k)(5)(B).
l) Quarterly Monitoring Following MCL
Violations
1) Suppliers that violate an MCL
for one of the Phase I VOCs, including vinyl chloride; Phase II VOCs; or Phase
V VOCs, as determined by subsection (o), must monitor quarterly for that
contaminant, at the sampling point where the violation occurred, beginning the
next quarter after the violation.
2) Annual Monitoring
A) The Agency must grant a SEP that allows a
supplier to reduce the monitoring frequency to annually if it determines that
the sampling point is reliably and consistently below the MCL.
B) A request for a SEP must include the
following minimal information: four quarterly samples.
C) In issuing a SEP, the Agency must specify
the level of the contaminant upon which the "reliably and consistently"
determination was based. Any SEP that allows less frequent monitoring based on
an Agency "reliably and consistently" determination must include a condition
requiring the supplier to resume quarterly monitoring under subsection (l)(1)
if it violates the MCL specified by Section 611.311.
D) The supplier must monitor during the
quarters that previously yielded the highest analytical result.
m) Confirmation
Samples. The Agency may issue a SEP to require a supplier to use a confirmation
sample for results that it finds dubious for whatever reason. The Agency must
state its reasons for issuing the SEP if the SEP is Agency-initiated.
1) If a supplier detects any of the Phase I,
Phase II, or Phase V VOCs in a sample, the supplier must take a confirmation
sample as soon as possible, but no later than 14 days after the supplier
receives notice of the detection.
2) Averaging is as specified in subsection
(o).
3) The Agency must delete the
original or confirmation sample if it determines that a sampling error
occurred, in which case the confirmation sample will replace the original or
confirmation sample.
n)
This subsection (n) corresponds with
40 CFR
141.24(f)(14), an optional
USEPA provision relating to compositing of samples that USEPA does not require
for state programs. This statement maintains structural consistency with USEPA
rules.
o) Compliance with the MCLs
for the Phase I, Phase II, and Phase V VOCs must 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.
1) For a supplier that monitors more than
once per year, compliance with the MCL is determined by a running annual
average at each sampling point.
2)
A supplier that monitors 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.
3) If any sample result
will cause the running annual average to exceed the MCL at any sampling point,
the supplier is out of compliance with the MCL immediately.
4) If a supplier fails to collect the
required number of samples, compliance will be based on the total number of
samples collected.
5) If a sample
result is less than the detection limit, zero will be used to calculate the
annual average.
p) This
subsection (p) corresponds with
40 CFR
141.24(f)(16), which USEPA
removed and reserved. This statement maintains structural consistency with the
federal regulations.
q) Analysis
under this Section must only be conducted by a laboratory in one of the
categories listed in Section
611.490(a)
that has been certified according to the following conditions:
1) To receive certification to conduct
analyses for the Phase I VOCs, excluding vinyl chloride; Phase II VOCs; and
Phase V VOCs, the laboratory must do the following:
A) It must analyze performance evaluation
(PE) samples that include these substances provided by the Agency under 35 Ill.
Adm. Code
186.170;
B) It must achieve the quantitative
acceptance limits under subsections (q)(1)(C) and (q)(1)(D) for at least 80
percent of the regulated organic contaminants in the PE sample;
C) It must achieve quantitative results on
the analyses performed under subsection (q)(1)(A) that are within ± 20
percent of the actual amount of the substances in the PE sample when the actual
amount is greater than or equal to 0.010 mg/l;
D) It must achieve quantitative results on
the analyses performed under subsection (q)(1)(A) that are within ± 40
percent of the actual amount of the substances in the PE sample when the actual
amount is less than 0.010 mg/l; and
E) It must achieve a method detection limit
of 0.0005 mg/l, according to the procedures in appendix B to 40 CFR 136,
incorporated by reference in Section 611.102.
2) To receive certification to conduct
analyses for vinyl chloride the laboratory must do the following:
A) It must analyze PE samples provided by the
Agency under 35 Ill. Adm. Code 186.170;
B) It must achieve quantitative results on
the analyses performed under subsection (q)(2)(A) that are within ± 40
percent of the actual amount of vinyl chloride in the PE sample;
C) It must achieve a method detection limit
of 0.0005 mg/l, according to the procedures in appendix B to 40 CFR 136,
incorporated by reference in Section 611.102; and
D) It must obtain certification under
subsection (q)(1) for Phase I VOCs, excluding vinyl chloride; Phase II VOCs;
and Phase V VOCs.
r) This subsection (r) corresponds with
40 CFR
141.24(f)(18), an obsolete
provision that relates to the initial compliance period from 1993 through 1995.
This statement maintains consistency with the federal regulations.
s) The Agency must, by a SEP, increase the
number of sampling points or the frequency of monitoring if it determines that
it is necessary to detect variations within the PWS.
t) Each laboratory certified for the analysis
of Phase I, Phase II, or Phase V VOCs under subsection (q)(1) or (q)(2) must do
the following:
1) Determine the method
detection limit (MDL), as defined in appendix B to 40 CFR 136, incorporated by
reference in Section 611.102, at which it is capable of detecting the Phase I,
Phase II, and Phase V VOCs; and,
2)
Achieve an MDL for each Phase I, Phase II, and Phase V VOC that is less than or
equal to 0.0005 mg/l.
u)
Each supplier must monitor, within each compliance period, at the time
designated by the Agency by SEP.
v)
A new system supplier or a supplier that uses a new source of water must
demonstrate compliance with the MCL within a period of time specified by a
permit issued by the Agency. The supplier must also comply with the initial
sampling frequencies specified by the Agency to ensure the supplier can
demonstrate compliance with the MCL. Routine and increased monitoring
frequencies must be conducted in accordance with the requirements in this
Section.
BOARD NOTE: Derived from
40 CFR
141.24(f).
