Current through Register 1531, September 27, 2024
(1)
General Applicability. Every Supplier of Water
operating a Community Water System or Non-transient, Non-community Water System
shall be subject to 310 CMR 22.07G(3) through (17).
(2)
Special Applicability for
Transient, Non-community Water Systems. Every Supplier of Water
operating a Transient, Non-community Water System shall collect, analyze and
report the results of one sample from each Sampling Point, or alternate
sampling location required by the Department pursuant to 310 CMR 22.07G(4)(a)
or (b), no later than September 30, 2022. All such monitoring shall be
performed in compliance with the provisions addressing monitoring protocols,
invalidation of PFAS samples, PFAS analytical requirements, PFAS reporting
requirements, PFAS6 minimum reporting levels and electronic filing requirement
set forth in 310 CMR 22.07G(4), (9), (12), (13), (16) and (17).
(3)
Per- and Polyfluoroalkyl
Substances.
(a)
PFAS. PFAS shall mean per- and polyfluoroalkyl
substances.
(b)
PFAS
Detection. PFAS Detection shall mean a concentration of any PFAS
measured in accordance with 310 CMR 22.07G(12) which is greater than or equal
to the analytical laboratory's applicable Minimum Reporting Level (or
MRL).
(c)
PFAS6. PFAS6 shall mean the sum of the concentrations
of the six contaminants listed in the following table:
CAS No.
|
Contaminant
|
1763-23-1
|
Perfluorooctane Sulfonic Acid (PFOS)
|
335-67-1
|
Perfluorooctanoic Acid (PFOA)
|
355-46-4
|
Perfluorohexane Sulfonic Acid (PFHxS)
|
375-95-1
|
Perfluorononanoic Acid (PFNA)
|
375-85-9
|
Perfluoroheptanoic Acid (PFHpA)
|
335-76-2
|
Perfluorodecanoic Acid (PFDA)
|
(d)
PFAS6 Maximum Contaminant Level. The PFAS6 Maximum
Contaminant Level (MCL) shall be 0.000020 milligrams per liter (mg/l) or 20
nanograms per liter (ng/l).
(e)
Review of PFAS and Drinking Water. Not later than
December 31, 2023, and once every three years thereafter, the Department shall
perform a review of relevant developments in the science, assessment and
regulation of PFAS in drinking water for the purpose of evaluating whether to
amend 310 CMR 22.07G(3) in light of any advancements in analytical or treatment
technology, toxicology and/or any other relevant information. Information about
this review shall be made available to the public.
(4)
Monitoring
Protocols. For the purpose of determining compliance with the
PFAS6 MCL set forth in 310 CMR 22.07G(3)(d), monitoring shall be conducted as
follows:
(a)
Single Source Entry
Points. Each Public Water System that draws water from a single
source shall take a minimum of one sample at every entry point to the
Distribution System which is representative of each of its sources after
treatment (Sampling Point). Each sample shall be taken at the same Sampling
Point, unless the Department determines, based upon local conditions
(e.g., facility design), that an alternate sampling
location(s) would be more representative of each source or treatment
plant.
(b)
Multiple
Source Entry Points. Any Public Water System that draws water from
more than one source, where the sources are combined before distribution, shall
sample at every entry point to the Distribution System which is representative
of all such combined sources after treatment (Sampling Point) during periods of
normal operating conditions (i.e., when water representative
of all sources is being used). If all sources are not operated simultaneously
under normal operating conditions, then additional samples shall be collected
representing each source that is operated alone and/or each combination of
sources that are operated together. Each sample shall be taken at the same
Sampling Point unless the Department determines, based upon local conditions
(e.g., facility design), that an alternate sampling
location(s) would be more representative of each source or treatment
plant.
(c)
Consecutive
Systems. Unless required by the Department to evaluate PFAS
levels, each Consecutive Public Water System shall be exempt from conducting
compliance monitoring for PFAS under 310 CMR 22.07G for its purchased portion
of water, provided that the Public Water System from which the water is
obtained has conducted the monitoring required under 310 CMR 22.07G.
(5)
Initial
Monitoring.
(a)
Applicability. 310 CMR 22.07G(5) shall apply to each
Sampling Point, or alternate sampling location required by the Department
pursuant to 310 CMR 22.07G(4)(a) or (b), where:
1. there have been no PFAS
Detections;
2. there has been a
PFAS Detection, but the average of the PFAS6 in such detection and of PFAS6 in
an associated Confirmatory Sample is less than or equal to 0.000010 mg/l;
or
3. subsequent to a PFAS
Detection described in 310 CMR 22.07G(5)(a)2., there have been no PFAS
Detection(s) where PFAS6 as determined for such detections is greater than
0.000010 mg/l.
(b)
Frequency and Timing.
1. Except as provided in 310 CMR
22.07G(5)(b)2. or 3., for each such location required to be sampled pursuant to
310 CMR 22.07G(5), four consecutive quarterly samples shall be collected and
each such sample shall be analyzed for PFAS in accordance with 310 CMR
22.07G(12). Each sample shall be collected the first month of every quarter
during initial monitoring. A Supplier of Water serving the specified population
shall commence initial monitoring on the date set forth in 310 CMR
22.07G(5)(b)1.a. through c.:
a. greater than
50,000 individuals, January 1, 2021;
b. 50,000 individuals or fewer, but greater
than 10,000 individuals, April 1, 2021; or
c. 10,000 or fewer individuals, October 1,
2021.
2. If a Supplier
of Water meets any of the following conditions after the applicable
commencement date described in 310 CMR 22.07G(5)(b)1., it shall commence
initial monitoring of such locations within the first full calendar quarter of
delivering water to the public:
a. begins
operation of a new Public Water System; or
b. puts a New Source on-line.
3. If a Supplier of Water
reactivates an existing source or opens a Seasonal System after the applicable
commencement date described in 310 CMR 22.07G(5)(b)1., it shall commence
initial monitoring of such locations within the first month of delivering water
to the public.
(c)
Waivers. Any Public Water System subject to 310 CMR
22.07G(5), all of whose analytical results for the first two quarters of
monitoring described in 310 CMR 22.07G(5)(b) are below the applicable MRLs, may
submit a written request to waive the third and fourth quarters of such
monitoring, subject to the Department's written approval based upon a
determination that there is no known or suspected PFAS contamination in the
vicinity of the Public Water System or its sources of water.
(6)
Routine
Monitoring.
(a)
Applicability. 310 CMR 22.07G(6) shall apply to any
Sampling Point, or alternate sampling location required by the Department
pursuant to 310 CMR 22.07G(4)(a) or (b), at which there are no PFAS Detections
during initial monitoring or during three years of annual monitoring.
(b)
Monthly
Monitoring.
1. Except as provided
in 310 CMR 22.07G(8)(b)2., a Supplier of Water shall monitor such locations on
a monthly basis to determine compliance with the PFAS6 MCL as per 310 CMR
22.07G(10), if:
a. there has been a PFAS
Detection and the average of PFAS6 in such detection and of PFAS6 in an
associated Confirmatory Sample is greater than 0.000010 mg/l; or
b. the Department determines in writing that
a location subject to quarterly or annual monitoring is no longer Reliably and
Consistently Below the MCL.
2. After completing the first quarter of
monthly monitoring pursuant to 310 CMR 22.07G(8)(b)1., a Supplier of Water who
is in violation of the PFAS6 MCL, determined as per 310 CMR 22.07G(10), may
request written approval from the Department to use the results from a single
sample taken in the first month of each subsequent quarter to determine
compliance with the PFAS6 MCL rather than using the average of the three
monthly samples otherwise required, subject to the following:
a. upon such written approval, if any such
single sample alone exceeds the PFAS6 MCL, such Supplier of Water shall be in
violation of the PFAS6 MCL immediately and shall provide public notice in
accordance with
310 CMR
22.16; and
b. if any such single sample is less than or
equal to the PFAS6 MCL, then such Supplier of Water shall continue monthly
monitoring during the remaining two months of the quarter and compliance with
the PFAS6 MCL shall be determined as per 310 CMR 22.07G(10).
(c)
Quarterly Monitoring. If any such location has had
PFAS treatment installed and the Department determines in writing that such
location is Reliably and Consistently Below the MCL, then the Supplier of Water
shall monitor that location in the first month of each quarter.
(d)
Annual
Monitoring. A Supplier of Water shall monitor such locations on an
annual basis during the first month of the calendar quarter that previously
yielded the highest analytical result. A Supplier of Water shall conduct this
annual monitoring if:
1. all of the following
are true:
a. all four quarters of initial
monitoring pursuant to 310 CMR 22.07G(5)(a) have been completed;
b. the first PFAS Detection occurred during
such initial monitoring and the average of PFAS6 in such detection and of PFAS6
in an associated Confirmatory Sample is less than or equal to 0.000010 mg/l;
and
c. for any second or later PFAS
Detection occurring during such initial monitoring with PFAS6 greater than
0.000010 mg/l, the average of PFAS6 in such second or later detection and of
PFAS6 in the Confirmatory Sample associated with each such detection is less
than or equal to 0.000010 mg/l;
2. the Department determines in writing that
a location subject to monthly monitoring under 310 CMR 22.07G(8)(b), without
the installation of PFAS treatment, is Reliably and Consistently Below the
MCL;
3. the Department determines
in writing that a location subject to quarterly monitoring under 310 CMR
22.07G(8)(c), taking into consideration any documentation provided by such
Supplier of Water and any other relevant factors, would be Reliably and
Consistently Below the MCL without PFAS treatment; or
4. a location subject to routine monitoring
under 310 CMR 22.07G(6):
a. has its first
PFAS Detection and the average of PFAS6 in such detection and of PFAS6 in an
associated Confirmatory Sample is less than or equal to 0.000010 mg/l;
or
b. has a second or later PFAS
Detection with a PFAS6 less than or equal to 0.000010 mg/l and the Department
determines in writing that such location is not Reliably and Consistently Below
the MCL.
(7)
PFAS Detections.
(a)
Applicability.
310 CMR 22.07G(7) shall apply to any Sampling Point, or alternate sampling
location required by the Department pursuant to 310 CMR 22.07G(4)(a) or (b),
following:
1. the first PFAS Detection during
either initial or routine monitoring;
2. the second or later PFAS Detection during
initial monitoring where PFAS6 as determined for such second or later detection
is greater than 0.000010 mg/l;
3.
the second or later PFAS Detection during routine monitoring where PFAS6 as
determined for such second or later detection is greater than 0.000010 mg/l,
unless the Department determines in writing that such location is Reliably and
Consistently Below the MCL; or
4.
the receipt by the Department of an analytical result during quarterly or
annual monitoring which the Department determines is outside the historic range
of PFAS results.
(b)
Reporting. Any PFAS Detection described in 310 CMR
22.07G(7)(a)1., 2., or 3. shall be reported to the Department within seven days
of receipt of such result from the laboratory.
(c)
Confirmatory
Sampling. The Supplier of Water shall obtain a Confirmatory Sample
for any analytical result described in 310 CMR 22.07G(7)(a), as soon as
possible after receipt of such result from the laboratory or notification from
the Department, as applicable, and no later than two weeks from such date.
Provided, however, a Supplier of Water may request a one-time extension not to
exceed two weeks for obtaining such Confirmatory Sample, using a form specified
by the Department, upon a demonstration of need due to circumstances beyond its
control (e.g., system design, etc.) to the
satisfaction of and at the sole discretion of the Department.
(d)
Source Sampling.
If a PFAS Detection described in 310 CMR 22.07G(7)(a)1., 2. or 3. represents
multiple sources, then samples representing the individual source water shall
also be collected and analyzed for PFAS.
(e)
Public
Education. Any Supplier of Water subject to 310 CMR 22.07G(7),
where there has been a PFAS Detection and the average of such detection and an
associated Confirmatory Sample exceeds the PFAS6 MCL, shall provide public
education materials regarding the exceedance in accordance with the following
requirements:
1. notice of the exceedance
shall be provided using materials approved by the Department;
2. such materials shall be provided to all
persons served by the affected Public Water System, including without
limitation consumers who do not receive water bills;
3. such materials shall be provided as soon
as practical and no later than 30 days after receipt of Confirmatory Sample
results from the laboratory;
4. in
any community where such Supplier of Water's consumers include:
a. either:
i. 10% or more non-English speaking residents
who speak a common language; or
ii.
more than 1000 non-English speaking residents who speak a common language, such
materials must contain information in the language(s) appropriate for each such
group of residents regarding the importance of the notice.
b. 25% or more non-English speaking residents
who speak a common language, such materials must contain a statement in the
appropriate language(s) for each such group of residents which includes a
telephone number or address where those residents may contact the affected
Public Water System to obtain a translated copy of the materials or assistance
in the appropriate language(s).
5. such materials shall be provided by mail
and/or other method approved by the Department (e.g., a
Non-transient Non-community Water System may be permitted to post the materials
in one or more conspicuous locations in the facility for a minimum number of
days);
6. such materials shall
include all results from both the PFAS Detection and the Confirmatory Sample;
the average PFAS6 concentration of the samples; the PFAS6 MCL as provided in
310 CMR 22.07G(3)(d) and the definition of MCL as provided in
310 CMR
22.02(1); an explanation of
the health effects of PFAS6; steps consumers can take to reduce exposure to
PFAS in drinking water; and contact information for the Supplier of
Water;
7. until either the Public
Water System obtains a monitoring result at or below the PFAS6 MCL at such
locations as described in 310 CMR 22.07G(7)(a) or the Supplier of Water takes
the contaminated source(s) off-line:
a. if
such materials were mailed, updated materials shall be re-mailed
quarterly;
b. if such materials
were posted, for an approved minimum number of days, updated materials shall be
re-posted quarterly for the same minimum number of days;
c. if such materials were published in a
local newspaper, updated materials shall be re-published quarterly;
and/or
d. if such materials were
provided by other Department-approved methods, updated materials shall be
provided quarterly by the same methods; and
8. a copy of such materials shall be
submitted to the Department upon initial and each subsequent issuance if
required by 310 CMR 22.07G(7)(e)7. along with a written certification by the
Supplier of Water that the materials have been distributed in compliance with
310 CMR 22.07G(7)(e)1. through 6.
(8)
Increased Monitoring
Frequency Following PFAS Detection.
(a)
Applicability.
310 CMR 22.07G(8) shall apply to each Sampling Point, or alternate sampling
location required by the Department pursuant to 310 CMR 22.07G(4)(a) or (b), at
which there has been a PFAS Detection.
(b)
Monthly
Monitoring.
1. Except as provided
in 310 CMR 22.07G(8)(b)2., a Supplier of Water shall monitor such locations on
a monthly basis to determine compliance with the PFAS6 MCL as per 310 CMR
22.07G(10), if:
a. there has been a PFAS
Detection and the average of PFAS6 in such detection and of PFAS6 in an
associated Confirmatory Sample is greater than 0.000010 mg/l; or
b. the Department determines in writing that
a location subject to quarterly or annual monitoring is no longer Reliably and
Consistently Below the MCL.
2. After completing the first quarter of
monthly monitoring pursuant to 310 CMR 22.07G(8)(b)1., a Supplier of Water who
is in violation of the PFAS6 MCL, determined as per 310 CMR 22.07G(10), may
request written approval from the Department to use the results from a single
sample taken in the first month of each subsequent quarter to determine
compliance with the PFAS6 MCL rather than using the average of the three
monthly samples otherwise required, subject to the following:
a. upon such written approval, if any such
single sample alone exceeds the PFAS6 MCL, such Supplier of Water shall be in
violation of the PFAS6 MCL immediately and shall provide public notice in
accordance with
310 CMR
22.16; and
b. if any such single sample is less than or
equal to the PFAS6 MCL, then such Supplier of Water shall continue monthly
monitoring during the remaining two months of the quarter and compliance with
the PFAS6 MCL shall be determined as per 310 CMR 22.07G(10).
(c)
Quarterly Monitoring. If any such location has had
PFAS treatment installed and the Department determines in writing that such
location is Reliably and Consistently Below the MCL, then the Supplier of Water
shall monitor that location in the first month of each quarter.
(d)
Annual
Monitoring. A Supplier of Water shall monitor such locations on an
annual basis during the first month of the calendar quarter that previously
yielded the highest analytical result. A Supplier of Water shall conduct this
annual monitoring if:
1. all of the following
are true:
a. all four quarters of initial
monitoring pursuant to 310 CMR 22.07G(5)(a) have been completed;
b. the first PFAS Detection occurred during
such initial monitoring and the average of PFAS6 in such detection and of PFAS6
in an associated Confirmatory Sample is less than or equal to 0.000010 mg/l;
and
c. for any second or later PFAS
Detection occurring during such initial monitoring with PFAS6 greater than
0.000010 mg/l, the average of PFAS6 in such second or later detection and of
PFAS6 in the Confirmatory Sample associated with each such detection is less
than or equal to 0.000010 mg/l;
2. the Department determines in writing that
a location subject to monthly monitoring under 310 CMR 22.07G(8)(b), without
the installation of PFAS treatment, is Reliably and Consistently Below the
MCL;
3. the Department determines
in writing that a location subject to quarterly monitoring under 310 CMR
22.07G(8)(c), taking into consideration any documentation provided by such
Supplier of Water and any other relevant factors, would be Reliably and
Consistently Below the MCL without PFAS treatment; or
4. a location subject to routine monitoring
under 310 CMR 22.07G(6):
a. has its first
PFAS Detection and the average of PFAS6 in such detection and of PFAS6 in an
associated Confirmatory Sample is less than or equal to 0.000010 mg/l;
or
b. has a second or later PFAS
Detection with a PFAS6 less than or equal to 0.000010 mg/l and the Department
determines in writing that such location is not Reliably and Consistently Below
the MCL.
(9)
Invalidation of PFAS
Samples. All PFAS results shall be subject to the Department's
review and may be invalidated where the associated quality control information
indicates a failure in sample collection, sample preparation or analytical
measurement. Invalidated results shall not be used in determining compliance
with the PFAS6 MCL established in 310 CMR 22.07G(3)(d). Unless waived in
writing by the Department as unnecessary (e.g., based upon the
frequency of ongoing monitoring), a Supplier of Water shall collect and analyze
a replacement sample for each invalidated result of a PFAS listed in 310 CMR
22.07G(3)(c).
(10)
PFAS6 Compliance Calculations. Compliance with the
PFAS6 MCL established in 310 CMR 22.07G(3)(d) shall be determined in accordance
with the requirements set forth below. If any one sampling location is in
violation, then the Public Water System shall be considered in violation.
(a) For a Supplier of Water monitoring
monthly, compliance shall be determined once per calendar quarter:
1. after completing a full quarter of monthly
monitoring; and
2. by calculating a
quarterly average of that quarter's monthly compliance monitoring result(s) at
each Sampling Point, or alternate sampling location required by the Department
pursuant to 310 CMR 22.07G(4)(a) or (b), rounded to the same number of
significant figures as the Maximum Contaminant Level.
(b) The quarterly average calculation
requirements are as follows:
1. If multiple
compliance monitoring samples are collected in any given calendar month, then
the results of those samples shall be averaged in order to establish a single
representative contaminant concentration for that calendar month. (An initial
sample and a Confirmatory Sample collected in the same month, shall be averaged
both for the purpose of determining whether additional monthly samples would be
required, and for the purpose of determining the representative contaminant
concentration for the first month. An initial sample and a Confirmatory Sample
collected in different months shall still be averaged for the purpose of
determining whether additional monthly samples would be required, but shall not
be averaged for the purpose of determining the representative contaminant
concentration for the first month. Instead, because the Confirmatory Sample was
collected in the second month, on the one hand if no other sample was collected
in the second month, then it shall serve as the second month's representative
contaminant concentration. But, on the other hand if a second sample was
collected during the second month, then there would be two samples collected
during the second month, namely the Confirmatory Sample (for the first month's
initial sample) and the second month's sample, and they shall be averaged
together to determine the second month's representative contaminant
concentration.)
2. If any Supplier
of Water fails to collect the required number of samples, compliance shall be
determined based on the total number of samples collected.
(E.g., if no samples were collected in one month, then the
quarterly average would be the sum of the representative contaminant
concentrations from the other two months, divided by two.)
3. If an analytical result is less than the
MRL, then the quarterly average shall be calculated using zero as the
concentration for that PFAS.
(c) A Supplier of Water monitoring quarterly
or less frequently who detects PFAS6 within its Public Water System shall not
be in violation, except as provided in 310 CMR 22.07G(10)(d), until:
1. it has conducted monthly sampling pursuant
to 310 CMR 22.07G(8)(b); and
2. a
calculation made in accordance with 310 CMR 22.07G(10)(a) and (b) would result
in a violation.
(d) If
any sample result would cause the quarterly average to exceed the PFAS6 MCL at
any Sampling Point, or alternate sampling location required by the Department
pursuant to 310 CMR 22.07G(4)(a) or (b), then the Public Water System shall be
in violation immediately and shall be subject to the requirements 310 CMR
22.07G(11).
(11)
When a Quarterly Average Exceeds the PFAS6 MCL. If a
quarterly average calculated pursuant to 310 CMR 22.07G(10)(a) and (b) and
rounded to the same number of significant figures as the Maximum Contaminant
Level, exceeds the PFAS6 MCL, then the Supplier of Water shall:
(a) report to the Department in accordance
with
310 CMR
22.15,
(b) provide public notice in accordance with
310 CMR
22.16, and
(c) comply with the requirements of
310 CMR 22.03(14)
and such other applicable provisions of
310 CMR
22.00, as specified by the Department.
(12)
PFAS Analytical
Requirements.
(a)
Methods of Analysis. Analysis for PFAS listed in 310
CMR 22.07G(3)(c) shall be conducted using either of the following EPA methods:
1.
Method 537 U.S. Environmental
Protection Agency September 2009. Determination of Selected Perfluorinated
Alkyl Acids in Drinking Water by Solid Phase Extraction and Liquid
Chromatography/Tandem Mass Spectrometry (LC/MS/MS). Ver. 1.1. EPA Document #:
EPA/600/R-08/092; or
2.
Method 537.1 U.S. Environmental Protection Agency November 2018.
Determination of Selected Per- and Polyfluorinated Alkyl Substances in Drinking
Water by Solid Phase Extraction and Liquid Chromatography/Tandem Mass
Spectrometry (LC/MS/MS). Ver. 1.0. EPA Document #: EPA/600/R-18/352.
(b)
Scope
of Analysis. All samples analyzed pursuant to 310 CMR 22.07G shall
be analyzed for the full scope of PFAS covered by the method selected in 310
CMR 22.07G(12)(a).
(13)
PFAS Reporting Requirements. All analytical results,
for all PFAS within the scope of the analytical method selected in 310 CMR
22.07G(12)(a), whether obtained pursuant to a requirement of
310 CMR
22.00 or on a voluntary basis, shall be reported to
the Department in accordance with
310 CMR
22.15.
(14)
Use of Previously Collected
PFAS Data.
(a)
Eligibility. A Supplier of Water, prior to the
applicable commencement date of initial monitoring specified in 310 CMR
22.07G(5)(b)1., may request the Department's written approval to substitute
monitoring data which was obtained during different calendar quarters and prior
to such commencement date for up to an equivalent number of sequential quarters
of initial monitoring otherwise required pursuant to 310 CMR
22.07G(5).
(b)
Basis of
Approval. Such approval shall be based upon a determination as to
whether the substitute monitoring data was collected and analyzed in a manner
consistent with or otherwise equivalent to the requirements of 310 CMR 22.07G.
A Supplier of Water shall notify the Department, prior to the commencement date
of initial monitoring specified in 310 CMR 22.07G(5)(b)1., of its intention to
substitute such approved monitoring data.
(c)
Requirements following
Notification. Following the notification required by 310 CMR
22.07G(14)(b), such Supplier of Water shall be subject to the requirements of
310 CMR 22.07G, subject to any Department approved modification taking into
account any actions the Supplier of Water has taken in response to such
substitute monitoring data (e.g., public notification,
installation of treatment, etc.), as if the analytical results
for such approved monitoring data were received on the date of such
notification.
(15)
Monitoring Schedules. A Supplier of Water shall
monitor its Public Water System during each Compliance Period in accordance
with the requirements 310 CMR 22.07G, unless otherwise directed in writing by
the Department based on emergency considerations, laboratory capacity, and
Public Water System operational considerations.
(16)
PFAS6 Minimum Reporting
Levels. Laboratories conducting PFAS analysis for each contaminant
listed at 310 CMR 22.07G(3)(c) shall be capable of obtaining individual MRLs
less than or equal to 0.0000020 mg/l or 2.0 ng/l.
(17)
Electronic Filing
Requirement. All analytical results required to be submitted to
the Department pursuant to 310 CMR 22.07G shall be made by electronic
submission, in accordance with
310 CMR
22.03(13).