Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 3 - MONITORING AND ANALYTICAL REQUIREMENTS
Section 179-3-007 - ORGANIC CHEMICALS OTHER THAN DISINFECTION BYPRODUCTS SAMPLING AND ANALYTICAL REQUIREMENTS

Universal Citation: 179 NE Admin Rules and Regs ch 3 ยง 007

Current through September 17, 2024

007.01 Analyses for the contaminants in 179 NAC 3-007 must be conducted using the methods found in 40 CFR 141.24(e).

007.02 Monitoring Requirements

Monitoring for the contaminants listed in 179 NAC 2-002.04B1 (VOC) for purposes of determining compliance with the maximum contaminant levels must be conducted as follows.

3-007.02A Ground Water Sources: Ground water sources must be monitored at every entry point to the distribution system which is representative of each ground water source after treatment (hereafter called a sampling point or entry 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.

3-007.02B Surface Water Sources: Surface water sources (or combined surface/ground water sources) must 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 or entry 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.

3-007.02C Multiple Sources: If an entry point represents more than one source and the sources are combined before distribution, the system owner 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).

3-007.02D Monitoring Frequency: Each community and non-transient, non-community water system must take four consecutive quarterly samples for each contaminant listed in 179 NAC 2-002.04B during each compliance period, beginning in the initial compliance period.

3-007.02E If No Contaminant Is Detected: If the initial monitoring for contaminants listed in 179 NAC 2-002.04B1 (1) through (8) and the monitoring for the contaminants listed in 179 NAC 2-002.04B1 (9) through (21) was completed by December 31, 1992, and the system did not detect any contaminant listed in 179 NAC 2-002.04B1 (1) through (21), then each ground and surface water system must take one sample annually beginning with the initial compliance period.

3-007.02F Reduced VOC Monitoring: After a minimum of three years of annual sampling, the Director may allow ground water systems with no previous detection of any contaminant listed in 179 NAC 2-002.04B1 to take one sample during each compliance period.

3-007.02G Waiver: The owner of each community and non-transient, non-community ground water entry point, at which no contaminant listed in 179 NAC 2-002.04B1 is detected, may apply to the Director for a waiver from the requirements of 179 NAC 3-007.02E and 3-007.02F after completing the initial monitoring. (For the purposes of 179 NAC 3-007.02G, detection is defined as >= 0.0005 mg/L.) A waiver will be effective for no more than six years (two compliance periods). The Director may also issue waivers to small systems for the initial round of monitoring for 1,2,4-trichlorobenzene.

3-007.02H Bases of a Sampling Waiver: The Director may grant a waiver after evaluating the following factor(s):
1. 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.

2. If previous use of the contaminant is unknown or it has been used previously, then the following factors must be used to determine whether a waiver is granted:
a. Previous analytical results;

b. The proximity of the sources for the entry point 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);

c. The environmental persistence and transport of the contaminants;

d. The number of individuals served by the public water system and the proximity of a small system to a larger system;

e. How well the water source is protected against contamination, such as whether it is a surface or ground water system. (For ground water sources, the Director will consider factors such as depth of the well, the type of soil, and wellhead protection. For surface water sources, the Director will consider watershed protection.)

3-007.02I As a condition of the waiver, the owner of a ground water system must take one sample at an entry point which received a waiver 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 179 NAC 3-007.02H. Based on this vulnerability assessment, the Director will reconfirm that the entry point is non-vulnerable. If the Director does not make this reconfirmation within three years of the initial determination, then the waiver is invalidated.

3-007.02J The owner of each community and non-transient, non-community surface water entry point, at which no contaminant listed in 179 NAC 2-002.04B1 is detected, may apply to the Director for a waiver from the requirements of 179 NAC 3-007.02E after monitoring at least one time. (For the purposes of this section, detection is defined as >= 0.0005 mg/L.) 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. Entry points meeting this criterion must be determined by the Director to be non-vulnerable based on a vulnerability assessment during each compliance period. Each system receiving a waiver must sample at the frequency specified by the Director (if any).

3-007.02K If a contaminant in 179 NAC 2-002.04B1 (1) through (21) is detected at a level exceeding 0.0005 mg/L in any sample, for the first time, then:
1. The owner of the system must monitor quarterly at each sampling point which resulted in a detection.

2. The Director may decrease the quarterly monitoring requirement specified in 179 NAC 3-007.02K item 1 provided it has determined that the system is reliably and consistently below the maximum contaminant level. In no case will 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.

3. If the Director determines that the system is reliably and consistently below the MCL, the Director may allow the system to monitor annually. Systems that monitor annually must monitor during the quarter(s) that previously yielded the highest analytical result.

4. Systems that have three consecutive annual samples with no detection of a contaminant may apply to the Director for a waiver as specified in 179 NAC 3-007.02G.

5. Vinyl Chloride Monitoring: Analysis for vinyl chloride is required only for ground water systems that 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, dichloroethylene, or 1,1-dichloroethylene. The analysis for vinyl chloride is required at each distribution or entry point at which one or more of the two-carbon organic compounds were found. If the first analysis does not detect vinyl chloride, the Director may reduce the frequency of vinyl chloride monitoring to one every three years for that sample location or other sample locations which are more representative of the same source. Surface water systems may be required to analyze for vinyl chloride at the discretion of the Director.

3-007.02L Entry points which violate the requirements of 179 NAC 2-002.04B1, as determined by 179 NAC 3-007.02O, must monitor quarterly. After a minimum of four consecutive quarterly samples which show the entry point is in compliance and the Director determines that the entry point is reliably and consistently below the maximum contaminant level, the owner of the entry point may monitor at the frequency and time specified in 179 NAC 3-007.02K item 3.

3-007.02M The Director may require confirmation samples for positive or negative results. If a confirmation sample(s) is required by the Director, then the sample result(s) must be averaged with the first sampling result and the average used for compliance determination in accordance with 179 NAC 3-007.02O. The Director has discretion to delete results of obvious sampling errors from this calculation.

3-007.02N Composite Samples: 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 is to be done in the laboratory by the procedures listed below. Samples must be analyzed within 14 days of collection.
1. If the concentration in the composite sample is greater than or equal to 0.0005 mg/L for any contaminant listed in 179 NAC 2-002.04B1, then a follow-up sample must be taken and analyzed within 14 days from each sampling point included in the composite.

2. If duplicates of the original sample taken from each sampling point used in the composite are available, the system owner may use these duplicates instead of resampling. The duplicate must be analyzed within 14 days of collection.

3. If the population served by the system is greater than 3,300 individuals, then compositing may only be permitted at sampling points within a single system. In systems serving less than or equal to 3,300 individuals, compositing among different systems is allowed provided the 5-sample limit is maintained.

4. Compositing Samples prior to GC Analysis
a. Add 5 ml or equal larger amounts of each sample (up to 5 samples are allowed) to a 25 ml glass syringe. Special precautions must be made to maintain zero headspace in the syringe.

b. The samples must be cooled at 4°C during this step to minimize volatilization losses.

c. Mix well and draw out a 5-ml aliquot for analysis.

d. Follow sample introduction, purging and desorption steps described in the method.

e. If less than five samples are used for compositing, a proportionately smaller syringe may be used.

5. Compositing Samples Prior to GC/MS Analysis
a. Inject 5-ml or equal larger amounts of each aqueous sample (up to 5 samples are allowed) into a 25-ml purging device using the sample introduction technique described in the method.

b. The total volume of the sample in the purging device must be 25 ml.

c. Purge and desorb as described in the method.

3-007.02O Compliance Calculations: Compliance with the MCL in 179 NAC 2-002.04B1 will 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 systems monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point.

2. 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.

3. 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.

4. If a system 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.

3-007.02P Certified and Approved Laboratories: Analysis under 179 NAC 3-007 must only be conducted by the Department of Health and Human Services Public Health Environmental Laboratory or other laboratories that are certified by the Department or EPA according to the following conditions.
1. To receive certification to conduct analyses for the contaminants in 179 NAC 2-002.04B1 (2) through (21), the laboratory must:
a. Analyze Performance Evaluation (PE) samples which include these substances provided by EPA Environmental Monitoring and Support Laboratory or equivalent samples provided by the Director at least once a year by each method for which the lab desires certification.

b. Achieve the following quantitative acceptance limits under 179 NAC 3-007.02P items 1.c. and 1.d. for at least 80% of the regulated organic chemicals included in the PE sample.

c. Achieve quantitative results on the analyses performed under 179 NAC 3-007.02P item 1.a. that are within ±20% of the actual amount of the substances in the Performance Evaluation sample when the actual amount is greater than or equal to 0.010 mg/L.

d. Achieve quantitative results on the analyses performed under 179 NAC 3-007.02P item 1.a. that are within ±40% of the actual amount of the substances in the Performance Evaluation sample when the actual amount is less than 0.010 mg/L.

e. Achieve a method detection limit of 0.0005 mg/L, according to the procedures in Appendix B to Part 136 of the Code of Federal Regulations.

2. To receive certification to conduct analyses for vinyl chloride, the laboratory must:
a. Analyze Performance Evaluation (PE) samples provided by EPA Environmental Monitoring and Support Laboratory or equivalent samples provided by the Director at least once a year by each method for which the laboratory desires certification.

b. Achieve quantitative results on the analyses performed under 179 NAC 3-007.02P item 2.a. that are within ±40% of the actual amount of vinyl chloride in the Performance Evaluation sample.

c. Achieve a method detection limit of 0.0005 mg/L, according to the procedures in Appendix B to Part 136 of the Code of Federal Regulations.

d. Obtain certification for the contaminants listed in 179 NAC 2-002.04B1 (2) through (21).

3-007.02Q The Director may increase required monitoring where necessary to detect variations within the system.

3-007.02R Laboratory Certification: Each approved laboratory must determine the method detection limit (MDL), (as defined in Appendix B to Part 136 of the Code of Federal Regulations. at which it is capable of detecting VOCs. The acceptable MDL is 0.0005 mg/L. This concentration is the detection concentration for purposes of 179 NAC 3-007.

3-007.02S State Designated VOC Sampling Schedules: Each public water system owner must monitor at the time designated by the Director within each compliance period.

3-007.02T New Systems Or Sources: 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 must be conducted in accordance with the requirements in 179 NAC 3-007.

007.03 Monitoring Sites and Protocol

Analysis of the contaminants listed in 179 NAC 2-002.04B2 for the purposes of determining compliance with the maximum contaminant level must be conducted as follows:

1. Ground Water Sources: Ground water sources must be monitored at every entry point to the distribution system which is representative of each ground water source after treatment (hereafter called a sampling point or entry 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 Sources: Surface water sources must be monitored 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 or entry 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.

NOTE: For the purposes of 179 NAC 3-007.03 item 2, surface water systems include systems with a combination of surface and ground water sources.

3. Multiple Sources: If an entry point represents more than one source and the sources are combined before distribution, the system owner must sample at the 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. Initial Compliance Period Monitoring: Owners of each community and non-transient, non-community water system must take four consecutive quarterly samples during the three-year compliance period which ends December 31, 1995 for each contaminant listed in 179 NAC 2-002.04B2 during the compliance period which began January 1, 1996 and ended December 31, 1998.

b. Repeat Compliance Period Monitoring: Systems serving more than 3,300 individuals that 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 less than or equal to 3,300 individuals that 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. Waivers from Initial and Repeat Compliance Period Monitoring: A system owner may apply to the Director for a waiver from the requirements in 179 NAC 3-007.03 item 4. A system owner 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 entry point source(s). 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 will be used to determine whether a waiver is granted:
a. Previous analytical results.

b. The proximity of the entry point source(s) 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 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 entry point source(s).

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 Detected: If an organic contaminant listed in 179 NAC 2-002.04B2 is detected (as defined by 179 NAC 3-007.03 item 17) in any sample, then:
a. The owner must monitor quarterly at each sampling point which resulted in a detection for each contaminant which was detected.

b. The Director may decrease the quarterly monitoring requirement specified in 179 NAC 3-007.03 item 7.a. provided it has determined that the system is reliably and consistently below the maximum contaminant level. In no case will 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 maximum contaminant level, the Director may allow the system to monitor annually. Systems that monitor annually must monitor during the quarter that previously yielded the highest analytical result.

d. Systems that have three consecutive annual samples with no detection of a contaminant may apply to the Director for a waiver as specified in 179 NAC 3-007.03 item 6.

e. If monitoring results in detection of one or more of certain related contaminants (aldicarb, aldicarb sulfone, aldicarb sulfoxide and heptachlor, heptachlor epoxide), then subsequent monitoring must analyze for all related contaminants.

8. MCL Violation and Reliably/Consistently Below the MCL: Entry points which violate an MCL in 179 NAC 2-002.04B2 as determined by 179 NAC 3-007.03 item 11 must monitor quarterly. After a minimum of four quarterly samples show the system is in compliance and the Director determines the entry point is reliably and consistently below the MCL, as specified in 179 NAC 3-007.03 item 11, the system owner must monitor the entry point at the frequency specified in 179 NAC 3-007.03 item 7.c.

9. Confirmation Sampling: 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 in 179 NAC 3-007.03 item 11. The Director has the discretion to delete results of obvious sampling errors from this calculation.

10. Composite Sampling: 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 14 days of sample collection.
a. If the concentration in the composite sample detects one or more contaminants listed in 179 NAC 2-002.04B2, then a follow-up sample must be taken and analyzed within 14 days from each sampling point included in the composite.

b. If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these instead of resampling. The duplicates must be analyzed and the results reported to the Director within 14 days of collection.

c. If the population served by the system is greater than 3,300 individuals, compositing may only be permitted by the Director at sampling points within a single system. In systems serving less than or equal to 3,300 individuals, the Director may permit compositing among different systems provided the 5-sample limit is maintained.

11. Compliance Calculations: Compliance with 179 NAC 2-002.04B2 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.
a. For systems monitoring more than once per year, compliance with the MCL is determined by a running annual average of all samples taken at each sampling point.

b. Systems monitoring annually or less frequently whose sample result exceeds the regulatory detection level as defined by 179 NAC 3-007 item 17 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. PCB Analysis: Analysis for PCBs must be conducted as follows using the methods in 40 CFR 141.24(e).:
a. Each system owner who monitors for PCBs must analyze each sample using either Method 508.1, 525.2, 508 or 505. (Note: Users of Method 505 may have more difficulty in achieving the required Aroclor detection limits than users of Methods 508.1, 525.2 or 508.)

b. If PCBs (as one of seven Aroclors) are detected (as designated in 179 NAC 3-007.03 item 12.b.) in any sample analyzed using Methods 505 or 508, the system must reanalyze the sample using Method 508A to quantitate PCBs (as decachlorobiphenyl).

Aroclor

Detection Limit (mg/L)

1016

0.00008

1221

0.02

1232

0.0005

1242

0.0003

1248

0.0001

1254

0.0001

1260

0.0002

c. Compliance with the PCB MCL will be determined based upon the quantitative results of analyses using Method 508A.

13. Grandfathered Data: If monitoring data collected after January 1, 1990, are generally consistent with the requirements of 179 NAC 3-007.03, then the Director will allow owners of systems to use that data to satisfy the monitoring requirement for the initial compliance period.

14. Increased Sampling: 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).

15. State Enforcement: The Director has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by its sanctioned representatives and agencies.

16. Designated Sampling Schedules: Each public water system owner must monitor at the time designated by the Director within each compliance period.

17. Detection Limits: Detection as used in 179 NAC 3-007.03 item 17 is defined as greater than or equal to the following concentrations for each contaminant.

Contaminant

Detection Limit (mg/L)

Alachlor

0.0002

Aldicarb

0.0005

Aldicarb sulfoxide

0.0005

Aldicarb sulfone

0.0008

Atrazine

0.0001

Benzo[a]pyrene

0.00002

Carbofuran

0.0009

Chlordane

0.0002

Dalapon

0.001

1,2-Dibromo-3-chloropropane (DBCP)

0.00002

Di(2-ethylhexyl)adipate

0.0006

Di(2-ethylhexyl)phthalate

0.0006

Dinoseb

0.0002

Diquat

0.0004

2,4-D

0.0001

Endothall

0.009

Endrin

0.00001

Ethylene dibromide (EDB)

0.00001

Glyphosate

0.006

Heptachlor

0.00004

Heptachlor epoxide

0.00002

Hexachlorobenzene

0.0001

Hexachlorocyclopentadiene

0.0001

Lindane

0.00002

Methoxychlor

0.0001

Oxamyl

0.002

Picloram

0.0001

Polychlorinated biphenyls

(PCBs) (as decachlorobiphenyl)

0.0001

Pentachlorophenol

0.00004

Simazine

0.00007

Toxaphene

0.001

2,3,7,8-TCDD (Dioxin)

0.000000005

2,4,5-TP (Silvex)

0.0002

18. Laboratory Certification: Analysis under 179 NAC 3-006 must only be conducted by the Public Health Environmental Laboratory or other laboratories approved by the Director and certified by EPA or the Director. To receive certification to conduct analyses for the contaminants in 179 NAC 2-002.04B2 the laboratory must:
a. Analyze Performance Evaluation samples which include those substances provided by EPA Environmental Monitoring and Support Laboratory or equivalent samples provided by the Director at least once a year by each method for which the laboratory desires certification.

b. For each contaminant that has been included in the PE sample achieve quantitative results on the analyses that are within the following acceptance limits:

Contaminant

Acceptance Limits (%)

Alachlor

± 45.

Aldicarb

2 standard deviations

Aldicarb sulfoxide

2 standard deviations

Aldicarb sulfone

2 standard deviations

Atrazine

± 45.

Benzo[a]pyrene

2 standard deviations

Carbofuran

± 45.

Chlordane

± 45.

Dalapon

2 standard deviations

DBCP

± 40.

Di(2-ethylhexyl)adipate

2 standard deviations

Di(2-ethylhexyl)phthalate

2 standard deviations

Dinoseb

2 standard deviations

Diquat

2 standard deviations

EDB

± 40.

Endothall

2 standard deviations

Endrin

± 30.

Glyphosate

2 standard deviations

Heptachlor

± 45.

Heptachlor epoxide

± 45.

Hexachlorobenzene

2 standard deviations

Hexachlorocyclopentadiene

2 standard deviations

Lindane

± 45.

Methoxychlor

± 45.

Oxamyl

2 standard deviations

PCBs (as decachlorobiphenyl)

0-200.

Pentachlorophenol

± 50.

Picloram

2 standard deviations

Simazine

2 standard deviations

Toxaphene

± 45.

2,3,7,8-TCDD (Dioxin)

2 standard deviations

2,4-D

± 50.

2,4,5-TP (Silvex)

± 50.

19. 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 must be conducted in accordance with the requirements in 179 NAC 3-007.

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