Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-15-040.

     Title of Rule and Other Identifying Information: WAC 246-290-025 Adoption by reference, 246-290-300 Monitoring requirements, 246-290-320 Follow-up actions, 246-290-72010 Report contents -- Required additional health information, to incorporate the federal Lead and copper rule -- Short-term revisions.

     Hearing Location(s): Department of Health, Point Plaza East, 310 Israel Road S.E., Tumwater, WA 98504, on July 5, 2011, at 10:00 a.m.

     Date of Intended Adoption: July 12, 2011.

     Submit Written Comments to: Theresa Phillips, Department of Health, P.O. Box 47822, Olympia, WA 98504-7822, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2253, by July 5, 2011.

     Assistance for Persons with Disabilities: Contact Theresa Phillips by June 22, 2011, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule is to provide more effective public health protection by reducing exposure to lead in drinking water. The rule revisions clarify monitoring requirements, improve consumer awareness, as well as provide editorial changes to improve overall clarity and consistency with federal requirements.

     Reasons Supporting Proposal: RCW 70.119A.080 establishes the department of health (department) as the state primacy agency for implementation of the federal Safe Drinking Water Act. The primacy agreement between the department and the Environmental Protection Agency outlines a number of activities that the department must do in order to maintain primacy for Group A public water systems. One of the activities involves adoption of regulations consistent with federal requirements.

     Statutory Authority for Adoption: RCW 43.20.050(2).

     Statute Being Implemented: RCW 70.119A.080.

     Rule is necessary because of federal law, 40 C.F.R., Parts 141 and 142.

     Name of Proponent: Department of health, governmental.

     Name of Agency Personnel Responsible for Drafting: Theresa Phillips, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-3147; Implementation and Enforcement: Derrick Dennis, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-3122.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(c), a small business economic impact statement is not required for proposed rules that adopt or incorporate by reference - without material change - federal statutes or regulations, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.

     A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) exempts rules that adopt or incorporate by reference without material change federal statutes or regulations, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.

May 25, 2011

Gregg L. Grunenfelder

Deputy Secretary

for Mary C. Selecky

Secretary

OTS-3927.4

AMENDATORY SECTION(Amending WSR 10-20-068, filed 9/29/10, effective 11/1/10)

WAC 246-290-025   Adoption by reference.   The following sections and subsections of Title 40 Code of Federal Regulations (CFR) Part 141 National Primary Drinking Water Regulations revised as of July 1, 2009, and including all amendments and modifications thereto effective as of the date of adoption of this chapter are adopted by reference:

     141.2 Definitions. Only those definitions listed as follows:

Action level;
Corrosion inhibitor;
Effective corrosion inhibitor residual;
Enhanced coagulation;
Enhanced softening;
Haloacetic acids (five) (HAA5);
First draw sample;
Large water system;
Lead service line;
Maximum residual disinfectant level (MRDL);
Maximum residual disinfectant level goal (MRDLG);
Medium-size water system;
Service line sample;
Single family structure;
Small water system;
Specific ultraviolet absorption (SUVA); and
Total Organic Carbon (TOC).
141.12	Maximum contaminant levels for organic chemicals.
141.13	Maximum contaminant levels for turbidity.
141.21	Coliform monitoring.
141.22	Turbidity sampling and analytical requirements.
141.23(a) - excluding (i)(2)	141.23(j), Inorganic chemical sampling.
141.23(m) -	141.23(o)
141.24(a) -	141.24(d), Organic chemicals other than total trihalomethanes.
141.24 (f)(1) - 141.24 (f)(15),
141.24 (f)(18), 141.24 (f)(19),
141.24 (f)(21), 141.24 (f)(22)
141.24 (g)(1) - 141.24 (g)(9),
141.24 (g)(12) - 141.24 (g)(14),
141.24 (h)(1) - 141.24 (h)(11),
141.24 (h)(14) - 141.24 (h)(17)
141.24 (h)(20)
141.25(a),	141.25 (c) - (d), Analytical methods for radioactivity.
141.26	Monitoring frequency and compliance for radioactivity in community water systems.
141.31(d)	Reporting of public notices and compliance certifications.
141.33(e)	Record maintenance of public notices and certifications.
141.40	Monitoring requirements for unregulated contaminants.
141.61	Maximum contaminant levels for organic contaminants.
141.62, excluding (b)	Maximum contaminant levels for inorganic chemical and physical contaminants.
141.64	Maximum contaminant levels and Best Available Technologies (BATs) for disinfection byproducts.
141.65(c)	Best Available Technologies (BATs) for Maximum Residual Disinfectant Levels.
141.66	Maximum contaminant levels for radionuclides.
Control of Lead and Copper
141.80, excluding (c)(3)(v)	General requirements.
141.81	Applicability of corrosion control treatment steps to small, medium-size and large water systems.
141.82(a) -	141.82(h) Description of corrosion control treatment requirements.
141.83	Source water treatment requirements.
141.84	Lead service line replacement requirements.
141.85	Public education and supplemental monitoring requirements.
141.86 (a) - (f)	Monitoring requirements for lead and copper in tap water.
141.87	Monitoring requirements for water quality parameters.
141.88	Monitoring requirements for lead and copper in source water.
141.89	Analytical methods for lead and copper testing.
141.90, excluding (a)(4)	Reporting requirements.
141.91	Recordkeeping requirements.
Disinfectants and Disinfection Byproducts (D/DBP)
141.130	General requirements.
141.131	Analytical requirements.
141.132	Monitoring requirements.
141.133	Compliance.
141.134	Reporting and recordkeeping.
141.135	Treatment technique for control of disinfection byproduct precursors.
Subpart O - Consumer Confidence Reports
141.153 (h)(6)	Contents of the reports.
Enhanced Filtration - Reporting and Recordkeeping
141.175(b)	Individual filter reporting and follow-up action requirements for systems treating surface water with conventional, direct, or in-line filtration and serving at least 10,000 people.
Subpart Q - Public Notification
141.201, excluding (3)(ii) of Table 1	General public notification requirements.
141.202, excluding (3) of Table 1	Tier 1 Public Notice - Form, manner, and frequency of notice.
141.203	Tier 2 Public Notice - Form, manner, and frequency of notice.
141.204	Tier 3 Public Notice - Form, manner, and frequency of notice.
141.205	Content of the public notice.
141.206	Notice to new billing units or new customers.
141.207	Special notice of the availability of unregulated contaminant monitoring results.
141.208	Special notice for exceedances of the SMCL for fluoride.
141.211	Special notice for Cryptosporidium monitoring failure.
Appendix A - NPDWR violations and situations requiring PN
Appendix B - Standard health effects language for PN
Appendix C - List of acronyms used in PN regulation
141.400	General requirements and applicability.
141.402(c)	Groundwater source microbial monitoring and analytical methods.
141.403 (b)(3)(i) through (iii)	Treatment technique requirements for groundwater systems.
Subpart T - Enhanced Filtration and Disinfection - Systems Serving Fewer Than 10,000 People
141.530 - 141.544	Disinfection profile and benchmark.
141.563	Follow-up actions required.
141.570, excluding (c)	Reporting requirements.
Subpart U and V - Initial Distribution System Evaluations and Stage 2 Disinfection Byproducts Requirements.
141.600 - 141.605	Initial distribution system evaluations.
141.620 - 141.629	Stage 2 Disinfection Byproducts Requirements.
Subpart W - Enhanced Treatment for Cryptosporidium
141.700-722 Enhanced Treatment for Cryptosporidium
Part 143 - National Secondary Drinking Water Regulations
143.1	Purpose.
143.2	Definitions.
143.3	Secondary maximum contaminant levels.
143.4	Monitoring.

     Copies of the incorporated sections and subsections of Title 40 CFR are available from the Department of Health, P.O. Box 47822, Olympia, Washington 98504-7822, or by calling the department's drinking water hotline at 800-521-0323.

[Statutory Authority: RCW 43.20.050 and 70.119A.080. 10-20-068, § 246-290-025, filed 9/29/10, effective 11/1/10. Statutory Authority: RCW 43.20.050. 09-21-045, § 246-290-025, filed 10/13/09, effective 1/4/10. Statutory Authority: RCW 70.119A.180 and 43.20.050. 08-03-061, § 246-290-025, filed 1/14/08, effective 2/14/08. Statutory Authority: RCW 43.20.050 and 70.119A.080. 04-04-056, § 246-290-025, filed 1/30/04, effective 3/1/04. Statutory Authority: RCW 43.20.050 (2) and (3) and RCW 70.119A.080. 03-08-037, § 246-290-025, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW 43.02.050 [43.20.050]. 99-07-021, § 246-290-025, filed 3/9/99, effective 4/9/99. Statutory Authority: RCW 43.20.050. 94-14-001, § 246-290-025, filed 6/22/94, effective 7/23/94.]

     (a) The monitoring requirements specified in this section are minimums. The department may require additional monitoring when:

     (i) Contamination is present or suspected in the water system;

     (ii) A groundwater source is determined to be a potential GWI;

     (iii) The degree of source protection is not satisfactory;

     (iv) Additional monitoring is needed to verify source vulnerability for a requested monitoring waiver;

     (v) Under other circumstances as identified in a department order; or

     (vi) Additional monitoring is needed to evaluate continuing effectiveness of a treatment process where problems with the treatment process may exist.

     (b) Special purpose samples collected by the purveyor shall not count toward fulfillment of the monitoring requirements of this chapter unless the quality of data and method of sampling and analysis are acceptable to the department.

     (c) The purveyor shall ensure samples required by this chapter are collected, transported, and submitted for analysis according to EPA-approved methods. The analyses shall be performed by a laboratory accredited by the state. Qualified water utility, accredited laboratory, health department personnel, and other parties approved by the department may conduct measurements for pH, temperature, residual disinfectant concentration, alkalinity, bromide, chlorite, TOC, SUVA, turbidity, calcium, conductivity, orthophosphate, and silica as required by this chapter, provided, these measurements are made according to EPA approved methods.

     (d) Compliance samples required by this chapter shall be taken at locations listed in Table 3 of this section.

     (e) Purveyors failing to comply with a monitoring requirement shall notify:

     (i) The department under WAC 246-290-480; and

     (ii) The owner or operator of any consecutive system served and the appropriate water system users under 40 CFR 141.201 and Part 7, Subpart A of this chapter.

     (2) Selling and receiving water.

     (a) Source monitoring. Purveyors, with the exception of those that "wheel" water to their consumers (i.e., sell water that has passed through another purchasing purveyor's distribution system), shall conduct source monitoring under this chapter for the sources under their control. The level of monitoring shall satisfy the monitoring requirements associated with the total population served by the source.

     (b) Distribution system monitoring. The purveyor of a system that receives and distributes water shall perform distribution-related monitoring requirements. Monitoring shall include, but not be limited to, the following:

     (i) Collect coliform samples under subsection (3) of this section;

     (ii) Collect disinfection byproduct samples as required by subsection (6) of this section;

     (iii) Perform the distribution system residual disinfectant concentration monitoring under subsection (6) of this section, and as required under WAC 246-290-451 or 246-290-694. Systems with fewer than one hundred connections shall measure residual disinfectant concentration at the same time and location that a routine or repeat coliform sample is collected, unless the department determines that more frequent monitoring is necessary to protect public health;

     (iv) Perform lead and copper monitoring required under 40 CFR 141.86, 141.87, and 141.88;

     (v) Perform the distribution system monitoring under 40 CFR 141.23(b) for asbestos if applicable;

     (vi) Other monitoring as required by the department.

     (c) Reduced monitoring for regional programs. The receiving purveyor may receive reductions in the coliform, lead and copper, disinfection byproduct (including THMs and HAA5) and distribution system disinfectant residual concentration monitoring requirements, provided the receiving system:

     (i) Purchases water from a purveyor that has a department-approved regional monitoring program;

     (ii) Has a written agreement with the supplying system or regional water supplier that is acceptable to the department, and which identifies the responsibilities of both the supplying and receiving system(s) with regards to monitoring, reporting and maintenance of the distribution system; and

     (iii) Has at least one compliance monitoring location for disinfection byproducts, if applicable.

     (d) Periodic review of regional programs. The department may periodically review the sampling records of public water systems participating in a department-approved monitoring program to determine if continued reduced monitoring is appropriate. If the department determines a change in the monitoring requirements of the receiving system is appropriate:

     (i) The department shall notify the purveyor of the change in monitoring requirements; and

     (ii) The purveyor shall conduct monitoring as directed by the department.

     (3) Bacteriological.

     (a) The purveyor shall be responsible for collection and submittal of coliform samples from representative points throughout the distribution system. Samples shall be collected after the first service and at regular time intervals each month the system provides water to consumers. Samples shall be collected that represent normal system operating conditions.

     (i) Systems providing disinfection treatment shall measure the residual disinfectant concentration within the distribution system at the same time and location of routine and repeat samples.

     (ii) Systems providing disinfection treatment shall assure that disinfectant residual concentrations are measured and recorded on all coliform sample report forms submitted for compliance purposes.

     (b) Coliform monitoring plan.

     (i) The purveyor shall prepare a written coliform monitoring plan and base routine monitoring upon the plan. The plan shall include coliform sample collection sites and a sampling schedule.

     (ii) The purveyor shall:

     (A) Keep the coliform monitoring plan on file with the system and make it available to the department for inspection upon request;

     (B) Revise or expand the plan at any time the plan no longer ensures representative monitoring of the system, or as directed by the department; and

     (C) Submit the plan to the department for review and approval when requested and as part of the water system plan required under WAC 246-290-100.

     (c) Monitoring frequency. The number of required routine coliform samples is based on total population served.

     (i) Purveyors of community systems shall collect and submit for analysis no less than the number of routine samples listed in Table 1 during each calendar month of operation;

     (ii) Unless directed otherwise by the department, purveyors of noncommunity systems shall collect and submit for analysis no less than the number of samples required in Table 1, and no less than required under 40 CFR 141.21. Each month's population shall be based on the average daily population and shall include all residents and nonresidents served during that month. During months when the average daily population served is less than twenty-five, routine sample collection is not required when:

     (A) Using only protected groundwater sources;

     (B) No coliform were detected in samples during the previous month; and

     (C) One routine sample has been collected and submitted for analysis during one of the previous two months.

     (iii) Purveyors of systems serving both a resident and a nonresident population shall base their minimum sampling requirement on the total of monthly populations served, both resident and nonresident as determined by the department, but no less than the minimum required in Table 1; and

     (iv) Purveyors of systems with a nonresident population lasting two weeks or less during a month shall sample as directed by the department. Sampling shall be initiated at least two weeks prior to the time service is provided to consumers.

     (v) Purveyors of TNC systems shall not be required to collect routine samples in months where the population served is zero or the system has notified the department of an unscheduled closure.

     (d) Invalid samples. When a routine or repeat coliform sample is determined invalid under WAC 246-290-320 (2)(d), the purveyor shall:

     (i) Not include the sample in the determination of monitoring compliance; and

     (ii) Take follow-up action as defined in WAC 246-290-320 (2)(d).

     (e) Assessment source water monitoring. If directed by the department, a groundwater system must conduct assessment source water monitoring which may include, but is not limited to, collection of at least one representative groundwater source sample each month the source provides groundwater to the public, for a minimum of twelve months.

     (i) Sampling must be conducted as follows:

     (A) Source samples must be collected at a location prior to any treatment. If the water system's configuration does not allow sampling at the source itself, the department may approve an alternative source sampling location representative of the source water quality.

     (B) Source samples must be at least 100 mL in size and must be analyzed for E. coli using one of the analytical methods under 40 CFR 141.402(c).

     (ii) A groundwater system may use a triggered source water sample collected under WAC 246-290-320 (2)(g) to meet the requirements for assessment source water monitoring.

     (iii) Groundwater systems with an E. coli positive assessment source water sample that is not invalidated under WAC 246-290-320 (2)(g)(vii), and consecutive systems receiving water from this source must:

     (A) Provide Tier 1 public notice under Part 7, Subpart A of this chapter and special notification under WAC 246-290-71005 (4) and (5); and

     (B) Take corrective action as required under WAC 246-290-453(1).

     (iv) The purveyor of a groundwater system that fails to conduct assessment source water monitoring as directed by the department shall provide Tier 2 public notice under Part 7, Subpart A of this chapter.

     (f) The purveyor using a surface water or GWI source shall collect representative source water samples for bacteriological density analysis under WAC 246-290-664 and 246-290-694 as applicable.

TABLE 1

MINIMUM MONTHLY ROUTINE COLIFORM
SAMPLING REQUIREMENTS

² Noncommunity systems using only protected groundwater sources and serving less than 25 individuals, may collect and submit for analysis, one sample every three months.

³ Systems serving populations larger than 1,230,000 shall contact the department for the minimum number of samples required per month.

^*In addition to the provisions of subsection (1)(a) of this section, if a system of this size cannot show evidence of having been subject to a sanitary survey on file with the department, or has been determined to be at risk to bacteriological concerns following a survey, the minimum number of samples required per month may be increased by the department after additional consideration of factors such as monitoring history, compliance record, operational problems, and water quality concerns for the system.

     (4) Inorganic chemical and physical.

     (a) A complete inorganic chemical and physical analysis shall consist of the primary and secondary chemical and physical substances.

     (i) Primary chemical and physical substances are antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate (as N), nitrite (as N), selenium, sodium, thallium, and for unfiltered surface water, turbidity. (Except that the MCL for arsenic under WAC 246-290-310 does not apply to TNC systems.)

     (ii) Secondary chemical and physical substances are chloride, color, hardness, iron, manganese, specific conductivity, silver, sulfate, total dissolved solids*, and zinc.

*	Required only when specific conductivity exceeds seven hundred micromhos/centimeter.

     (b) Purveyors shall monitor for all primary and secondary chemical and physical substances identified in Table 4 and Table 5. Samples shall be collected in accordance with the monitoring requirements referenced in 40 CFR 141.23 introductory text, 141.23(a) through 141.23(j), excluding (i)(2), and 40 CFR 143.4, except for composite samples for systems serving less than three thousand three hundred one persons. For these systems, compositing among different systems may be allowed if the systems are owned or operated by a department-approved satellite management agency.

     (c) Samples required by this subsection shall be taken at designated locations under 40 CFR 141.23(a) through 141.23(j), excluding (i)(2), and 40 CFR 143.4, and Table 3 herein.

     (i) Wellfield samples shall be allowed from department designated wellfields; and

     (ii) Under 40 CFR 141.23 (a)(3), alternate sampling locations may be used if approved by the department. The process for determining these alternate sites is described in department guidance. Purveyors of community and NTNC systems may ask the department to approve an alternate sampling location for multiple sources within a single system that are blended prior to entry to the distribution system. Alternate sampling plans shall address the following:

     (A) Source vulnerability;

     (B) Individual source characteristics;

     (C) Previous water quality information;

     (D) Status of monitoring waiver applications; and

     (E) Other information deemed necessary by the department.

     (d) Composite samples:

     (i) Under 40 CFR 141.23 (a)(4), purveyors may ask the certified lab to composite samples representing as many as five individual samples from within one system. Sampling procedures and protocols are outlined in department guidance; and

     (ii) For systems serving a population of less than three thousand three hundred one, the department may approve composite sampling between systems when those systems are part of an approved satellite management agency.

     (e) When the purveyor provides treatment for one or more inorganic chemical or physical contaminants, the department may require the purveyor to sample before and after treatment. The department shall notify the purveyor if and when this additional source sampling is required.

     (f) Inorganic monitoring plans.

     (i) Purveyors of community and NTNC systems shall prepare an inorganic chemical monitoring plan and base routine monitoring on the plan.

     (ii) The purveyor shall:

     (A) Keep the monitoring plan on file with the system and make it available to the department for inspection upon request;

     (B) Revise or expand the plan at any time the plan no longer reflects the monitoring requirements, procedures or sampling locations, or as directed by the department; and

     (C) Submit the plan to the department for review and approval when requested and as part of the water system plan required under WAC 246-290-100.

     (g) Monitoring waivers.

     (i) Purveyors may request in writing, a monitoring waiver from the department for any nonnitrate/nitrite inorganic chemical and physical monitoring requirements identified in this chapter.

     (ii) Purveyors requesting a monitoring waiver shall comply with applicable subsections of 40 CFR 141.23 (b)(3), and 141.23 (c)(3).

     (iii) Purveyors shall update and resubmit requests for waiver renewals as applicable during each compliance cycle or period or more frequently as directed by the department.

     (iv) Failure to provide complete and accurate information in the waiver application shall be grounds for denial of the monitoring waiver.

     (h) The department may require the purveyor to repeat sample for confirmation of results.

     (i) Purveyors with emergency and seasonal sources shall monitor those sources when they are in use.

     (5) Lead and copper. Monitoring for lead and copper shall be conducted in accordance with 40 CFR 141.86 (a) - (f), 141.87, and 141.88. All systems that have fewer than five drinking water taps used for human consumption shall collect at least one sample from each tap and then collect additional samples from those taps on different days during the monitoring period to meet the required number of samples as described in 40 CFR 141.86(c).

     (6) Disinfection byproducts (DBP), disinfectant residuals, and disinfection byproduct precursors (DBPP). Purveyors of community and NTNC systems providing water treated with chemical disinfectants and TNC systems using chlorine dioxide shall monitor as follows:

     (a) General requirements.

     (i) Systems shall collect samples during normal operating conditions.

     (ii) All monitoring shall be conducted in accordance with the analytical requirements in 40 CFR 141.131.

     (iii) Systems may consider multiple wells drawing from a single aquifer as one treatment plant for determining the minimum number of TTHM and HAA5 samples required, with department approval in accordance with department guidance.

     (iv) Systems required to monitor under this subsection shall prepare and implement a monitoring plan in accordance with 40 CFR 141.132(f) or 40 CFR 141.622, as applicable.

     (A) Community and NTNC surface water and GWI systems that deliver water that has been treated with a disinfectant other than ultraviolet light and serve more than three thousand three hundred people shall submit a monitoring plan to the department.

     (B) The department may require submittal of a monitoring plan from systems not specified in subsection (6)(a)(iv)(A) of this section, and may require revision of any monitoring plan.

     (C) Failure to monitor for TTHM, HAA5, or bromate will be treated as a violation for the entire period covered by the annual average where compliance is based on a running annual average of monthly or quarterly samples or averages.

     (D) Failure to monitor for chlorine and chloramine residuals will be treated as a violation for the entire period covered by the annual average where compliance is based on a running annual average of monthly or quarterly samples or averages and the systems' failure to monitor makes it impossible to determine compliance with the MRDLs.

     (b) Disinfection byproducts - Community and NTNC systems only.

     (i) TTHMs and HAA5.

     (A) Systems shall monitor for TTHM and HAA5 in accordance with 40 CFR 141.132 (b)(1)(i) until the dates set in Table 2. On and after the dates set in Table 2, the systems shall monitor in accordance with 40 CFR 141.620, 141.621, and 141.622.

Table 2

Population Served		Routine Monitoring Start Date1
100,000 or more		April 1, 2012
50,000 - 99,999		October 1, 2012
10,000 - 49,999		October 1, 2013
Less than 10,000		October 1, 20132
		October 1, 20143

¹ Systems that have nonemergency interties with other systems must comply with the dates associated with the largest system in their combined distribution system.

² Surface water and GWI systems that did not have to do Cryptosporidium monitoring under 40 CFR 141.701 (a)(4).

³ Surface water and GWI systems that also did Cryptosporidium monitoring under 40 CFR 141.701 (a)(4).

     (B) With department approval, systems may reduce monitoring in accordance with 40 CFR 141.132 (b)(1)(ii) and (iii), or 40 CFR 141.623, as applicable.

     (C) Systems on department-approved reduced monitoring schedules may be required to return to routine monitoring, or initiate increased monitoring in accordance with 40 CFR 141.132 (b)(1)(iv), 40 CFR 141.625, or 40 CFR 141.627, as applicable.

     (D) The department may return systems on increased monitoring to routine monitoring if, after one year, annual average results for TTHMs and HAA5 are less than or equal to 0.060 mg/L and 0.045 mg/L, respectively, or monitoring results are consistently below the MCLs indicating that increased monitoring is no longer necessary. After the dates set in Table 2, systems must meet requirements of 40 CFR 141.628 and 40 CFR 141.625(c) to return to routine monitoring.

     (E) After the dates set in Table 2, systems must calculate operational evaluation levels each calendar quarter and take action, as needed, in accordance with 40 CFR 141.626.

     (F) NTNC systems serving ten thousand or more people and community systems must comply with the provisions of 40 CFR Subpart U - Initial Distribution System Evaluation at:

40 CFR 141.600	General requirements.
40 CFR 141.601	Standard monitoring.
40 CFR 141.602	System specific studies.
40 CFR 141.603	40/30 certification.
40 CFR 141.604	Very small system waivers.
40 CFR 141.605	Subpart V compliance monitoring location recommendations.

     (ii) Chlorite - Only systems that use chlorine dioxide.

     (A) Systems using chlorine dioxide shall conduct daily and monthly monitoring in accordance with 40 CFR 141.132 (b)(2)(i) and additional chlorite monitoring in accordance with 40 CFR 141.132 (b)(2)(ii).

     (B) With department approval, monthly monitoring may be reduced in accordance with 40 CFR 141.132 (b)(2)(iii)(B). Daily monitoring at entry to distribution required by 40 CFR 141.132 (b)(2)(i)(A) may not be reduced.

     (iii) Bromate - Only systems that use ozone.

     (A) Systems using ozone for disinfection or oxidation must conduct bromate monitoring in accordance with 40 CFR 141.132 (b)(3)(i).

     (B) With department approval, monthly bromate monitoring may be reduced to once per quarter in accordance with 40 CFR 141.132 (b)(3)(ii)(B).

     (c) Disinfectant residuals.

     (i) Chlorine and chloramines. Systems that deliver water continuously treated with chlorine or chloramines, including consecutive systems, shall monitor and record the residual disinfectant level in the distribution system under WAC 246-290-300 (2)(b), 246-290-451(7), 246-290-664(6), or 246-290-694(8), but in no case less than as required by 40 CFR 141.74 (b)(6), 40 CFR 141.74 (c)(3), 40 CFR 141.132(c), or 40 CFR 141.624.

     (ii) Chlorine dioxide. Community, NTNC, or TNC systems that use chlorine dioxide shall monitor in accordance with 40 CFR 141.132 (c)(2) and record results.

     (d) Disinfection byproducts precursors.

     Community and NTNC surface water or GWI systems that use conventional filtration with sedimentation as defined in WAC 246-290-660(3) shall monitor under 40 CFR 141.132(d), and meet the requirements of 40 CFR 141.135.

     (7) Organic chemicals.

     (a) Purveyors of community and NTNC water systems shall comply with monitoring requirements under 40 CFR 141.24 (a) - (d), 141.24 (f)(1) - (f)(15), 141.24 (f)(18) - (19), 141.24 (f)(21), 141.24 (g)(1) - (9), 141.24 (g)(12) - (14), 141.24 (h)(1) - (11), and 141.24 (h)(14) - (17).

     (b) Sampling locations shall be as defined in 40 CFR 141.24(f), 141.24(g), and 141.24(h).

     (i) Wellfield samples shall be allowed from department designated wellfields; and

     (ii) Under 40 CFR 141.24 (f)(3) and 141.24 (h)(3), alternate sampling locations may be allowed if approved by the department. These alternate locations are described in department guidance. Purveyors may ask the department to approve an alternate sampling location for multiple sources within a single system that are blended prior to entry to the distribution system. The alternate sampling location shall consider the following:

     (A) Source vulnerability;

     (B) An updated organic monitoring plan showing location of all sources with current and proposed sampling locations;

     (C) Individual source characteristics;

     (D) Previous water quality information;

     (E) Status of monitoring waiver applications; and

     (F) Other information deemed necessary by the department.

     (c) Composite samples:

     (i) Purveyors may ask the certified lab to composite samples representing as many as five individual samples from within one system. Sampling procedures and protocols are outlined in department guidance;

     (ii) For systems serving a population of less than three thousand three hundred one, the department may approve composite sampling between systems when those systems are part of an approved satellite management agency.

     (d) The department may require the purveyor to sample both before and after treatment for one or more organic contaminants. The department shall notify the purveyor if and when this additional source sampling is required.

     (e) Organic chemical monitoring plans.

     (i) Purveyors of community and NTNC systems shall prepare an organic chemical monitoring plan and base routine monitoring on the plan.

     (ii) The purveyor shall:

     (A) Keep the monitoring plan on file with the system and make it available to the department for inspection upon request;

     (B) Revise or expand the plan at any time the plan no longer reflects the monitoring requirements, procedures or sampling locations, or as directed by the department; and

     (C) Submit the plan to the department for review and approval when requested and as part of the water system plan required under WAC 246-290-100.

     (f) Monitoring waivers.

     (i) Purveyors may request in writing, a monitoring waiver from the department for any organic monitoring requirement except those relating to unregulated VOCs;

     (ii) Purveyors requesting a monitoring waiver shall comply with 40 CFR 141.24 (f)(7), 141.24 (f)(10), 141.24 (h)(6), and 141.24 (h)(7);

     (iii) Purveyors shall update and resubmit requests for waiver renewals as directed by the department; and

     (iv) Failure to provide complete and accurate information in the waiver application shall be grounds for denial of the monitoring waiver.

     (g) Purveyors with emergency and seasonal sources shall monitor those sources under the applicable requirements of this section when they are actively providing water to consumers.

     (8) Radionuclides. Monitoring for radionuclides shall be conducted under 40 CFR 141.26.

     (9) Cryptosporidium and E. coli source monitoring. Purveyors with surface water or GWI sources shall monitor the sources in accordance with 40 CFR 141.701 and 702.

     (10) Other substances.

     On the basis of public health concerns, the department may require the purveyor to monitor for additional substances.

TABLE 3

MONITORING LOCATION

[Statutory Authority: RCW 43.20.050 and 70.119A.080. 10-20-068, § 246-290-300, filed 9/29/10, effective 11/1/10. Statutory Authority: RCW 43.20.050. 09-21-045, § 246-290-300, filed 10/13/09, effective 1/4/10. Statutory Authority: RCW 70.119A.180 and 43.20.050. 08-03-061, § 246-290-300, filed 1/14/08, effective 2/14/08. Statutory Authority: RCW 43.20.050 and 70.119A.080. 04-04-056, § 246-290-300, filed 1/30/04, effective 3/1/04. Statutory Authority: RCW 43.20.050 (2) and (3) and 70.119A.080. 03-08-037, § 246-290-300, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW 43.02.050 [43.20.050]. 99-07-021, § 246-290-300, filed 3/9/99, effective 4/9/99. Statutory Authority: RCW 43.20.050. 94-14-001, § 246-290-300, filed 6/22/94, effective 7/23/94; 93-08-011 (Order 352B), § 246-290-300, filed 3/25/93, effective 4/25/93; 92-04-070 (Order 241B), § 246-290-300, filed 2/4/92, effective 3/6/92. Statutory Authority: Chapter 43.20 RCW. 91-07-031 (Order 150B), § 246-290-300, filed 3/15/91, effective 4/15/91. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-290-300, filed 12/27/90, effective 1/31/91. Statutory Authority: P.L. 99-339. 89-21-020 (Order 336), § 248-54-165, filed 10/10/89, effective 11/10/89. Statutory Authority: RCW 34.04.045. 88-05-057 (Order 307), § 248-54-165, filed 2/17/88. Statutory Authority: RCW 43.20.050. 83-19-002 (Order 266), § 248-54-165, filed 9/8/83.]

     (a) When an MCL or MRDL violation or exceedance occurs, the purveyor shall take follow-up action as described in this section.

     (b) When a primary standard violation occurs, the purveyor shall:

     (i) Notify the department under WAC 246-290-480;

     (ii) Notify the consumers served by the system and the owner or operator of any consecutive system served in accordance with 40 CFR 141.201 through 208, and Part 7, Subpart A of this chapter;

     (iii) Determine the cause of the contamination; and

     (iv) Take action as directed by the department.

     (c) When a secondary standard violation occurs, the purveyor shall notify the department and take action as directed by the department.

     (d) The department may require additional sampling for confirmation of results.

     (2) Bacteriological.

     (a) When coliform bacteria are present in any sample and the sample is not invalidated under (d) of this subsection, the purveyor shall ensure the following actions are taken:

     (i) The sample is analyzed for fecal coliform or E. coli. When a sample with a coliform presence is not analyzed for E. coli or fecal coliforms, the sample shall be considered as having a fecal coliform presence for MCL compliance purposes;

     (ii) Repeat samples are collected in accordance with (b) of this subsection;

     (iii) Triggered source water monitoring is conducted in accordance with (g) of this subsection unless the department determines and documents in writing that the total coliform positive sample collected was caused by a distribution system deficiency;

     (iv) The department is notified in accordance with WAC 246-290-480; and

     (v) The cause of the coliform presence is determined and corrected.

     (b) Repeat samples.

     (i) The purveyor shall collect repeat samples in order to confirm the original sample results and to determine the cause of the coliform presence. Additional treatment, such as batch or shock chlorination, shall not be instituted prior to the collection of repeat samples unless prior authorization by the department is given. Following collection of repeat samples, and before the analytical results are known, there may be a need to provide interim precautionary treatment or other means to insure public health protection. The purveyor shall contact the department to determine the best interim approach in this situation.

     (ii) The purveyor shall collect and submit for analysis a set of repeat samples for every sample in which the presence of coliforms is detected. A set of repeat coliform samples consists of:

     (A) Four repeat samples for systems collecting one routine coliform sample each month; or

     (B) Three repeat samples for all systems collecting more than one routine coliform sample each month.

     (iii) The purveyor shall collect repeat sample sets according to Table 7;

     (iv) The purveyor shall collect one set of repeat samples for each sample with a coliform presence. All samples in a set of repeat samples shall be collected on the same day and submitted for analysis within twenty-four hours after notification by the laboratory of a coliform presence, or as directed by the department.

     (v) When repeat samples have coliform presence, the purveyor shall:

     (A) Contact the department and collect a minimum of one additional set of repeat samples as directed by the department; or

     (B) Collect one additional set of repeat samples for each sample where coliform presence was detected.

     (vi) The purveyor of a system providing water to consumers via a single service shall collect repeat samples from the same location as the sample with a coliform presence. The set of repeat samples shall be collected:

     (A) On the same collection date;

     (B) Over consecutive days with one sample collected each day until the required samples in the set of repeat samples are collected; or

     (C) As directed by the department.

     (vii) If a sample with a coliform presence was collected from the first two or last two active services, the purveyor shall monitor as directed by the department;

     (viii) The purveyor may change a previously submitted routine sample to a sample in a set of repeat samples when the purveyor:

     (A) Collects the sample within five active adjacent service connections of the location from which the initial sample with a coliform presence was collected;

     (B) Collects the sample after the initial sample with a coliform presence was submitted for analysis;

     (C) Collects the sample on the same day as other samples in the set of repeat samples, except under (b)(iv) of this subsection; and

     (D) Requests and receives approval from the department for the change.

     (ix) The department may determine that sets of repeat samples specified under this subsection are not necessary during a month when a nonacute coliform MCL violation is determined for the system.

Table 7
REPEAT SAMPLE REQUIREMENTS

     (c) Monitoring frequency following a coliform presence. Systems having one or more coliform presence samples that were not invalidated during the previous month shall collect and submit for analysis the minimum number of samples shown in the last column of Table 2.

     (i) The purveyor may obtain a reduction in the monitoring frequency requirement when one or more samples with a coliform presence were collected during the previous month, if the purveyor proves to the satisfaction of the department;

     (A) The cause of the sample with a coliform presence; and

     (B) The problem is corrected before the end of the next month the system provides water to the public.

     (ii) If the monitoring frequency requirement is reduced, the purveyor shall collect and submit at least the minimum number of samples required when no samples with a coliform presence were collected during the previous month.

     (d) Invalid samples. Routine and repeat coliform samples may be determined to be invalid under any of the following conditions:

     (i) A certified laboratory determines that the sample results show:

     (A) Multiple tube technique cultures that are turbid without appropriate gas production;

     (B) Presence-absence technique cultures that are turbid in the absence of an acid reaction;

     (C) Occurrence of confluent growth patterns or growth of TNTC (too numerous to count) colonies without a surface sheen using a membrane filter analytic technique;

     (ii) The analyzing laboratory determines there is excess debris in the sample.

     (iii) The analyzing laboratory establishes that improper sample collection or analysis occurred;

     (iv) The department determines that a nondistribution system problem has occurred as indicated by:

     (A) All samples in the set of repeat samples collected at the same location, including households, as the original coliform presence sample also are coliform presence; and

     (B) All other samples from different locations (households, etc.) in the set of repeat samples are free of coliform.

     (v) The department determines a coliform presence result is due to a circumstance or condition that does not reflect water quality in the distribution system.

     (e) Follow-up action when an invalid sample is determined. The purveyor shall take the following action when a coliform sample is determined to be invalid:

     (i) Collect and submit for analysis an additional coliform sample from the same location as each invalid sample within twenty-four hours of notification of the invalid sample; or

     (ii) In the event that it is determined that the invalid sample resulted from circumstances or conditions not reflective of distribution system water quality, collect a set of samples in accordance with Table 7; and

     (iii) Collect and submit for analysis samples as directed by the department.

     (f) Invalidated samples shall not be included in determination of the sample collection requirement for compliance with this chapter.

     (g) Triggered source water monitoring.

     (i) All groundwater systems with their own groundwater source(s) must conduct triggered source water monitoring unless the following conditions exist:

     (A) The system has submitted a project report and received approval that it provides at least 4-log treatment of viruses (using inactivation, removal, or a department approved combination of 4-log virus inactivation and removal) before or at the first customer for each groundwater source; and

     (B) The system is conducting compliance monitoring under WAC 246-290-453(2).

     (ii) Any groundwater source sample required under this subsection must be collected at the source prior to any treatment unless otherwise approved by the department.

     (iii) Any source sample collected under this subsection must be at least 100 mL in size and must be analyzed for E. coli using one of the analytical methods under 40 CFR 141.402(c).

     (iv) Groundwater systems must collect at least one sample from each groundwater source in use at the time a routine sample collected under WAC 246-290-300(3) is total coliform-positive and not invalidated under (d) of this subsection. These source samples must be collected within twenty-four hours of notification of the total coliform-positive sample. The following exceptions apply:

     (A) The twenty-four hour time limit may be extended if granted by the department and will be determined on a case-by-case basis. If an extension is granted, the system must sample by the deadline set by the department.

     (B) Systems with more than one groundwater source may meet the requirements of (g)(iv) of this subsection by sampling a representative groundwater source or sources. The system must have an approved triggered source water monitoring plan that identifies one or more groundwater sources that are representative of each monitoring site in the system's coliform monitoring plan under WAC 246-290-300 (3)(b). This plan must be approved by the department before representative sampling will be allowed.

     (C) Groundwater systems serving one thousand people or fewer may use a repeat sample collected from a groundwater source to meet the requirements of (b) and (g)(iv) of this subsection. If the repeat sample collected from the groundwater source is E. coli positive, the system must comply with (g)(v) of this subsection.

     (v) Groundwater systems with an E. coli positive source water sample that is not invalidated under (g)(vii) of this subsection, must:

     (A) Provide Tier 1 public notice under Part 7, Subpart A of this chapter and special notification under WAC 246-290-71005 (4) and (5);

     (B) If directed by the department, take corrective action as required under WAC 246-290-453(1); and

     (C) Systems that are not directed by the department to take corrective action must collect five additional samples from the same source within twenty-four hours of being notified of the E. coli positive source water sample. If any of the five additional samples are E. coli positive, the system must take corrective action under WAC 246-290-453(1).

     (vi) Any consecutive groundwater system that has a total coliform-positive routine sample collected under WAC 246-290-300(3) and not invalidated under (d) of this subsection, must notify each wholesale system it receives water from within twenty-four hours of being notified of the total coliform-positive sample and comply with (g) of this subsection.

     (A) A wholesale groundwater system that receives notice from a consecutive system under (g)(vi) of this subsection must conduct triggered source water monitoring under (g) of this subsection unless the department determines and documents in writing that the total coliform-positive sample collected was caused by a distribution system deficiency in the consecutive system.

     (B) If the wholesale groundwater system source sample is E. coli positive, the wholesale system must notify all consecutive systems served by that groundwater source within twenty-four hours of being notified of the results and must meet the requirements of (g)(v) of this subsection.

     (C) Any consecutive groundwater system receiving water from a source with an E. coli positive sample must notify all their consumers as required under (g)(v)(A) of this subsection.

     (vii) An E. coli positive groundwater source sample may be invalidated only if the following conditions apply:

     (A) The system provides the department with written notice from the laboratory that improper sample analysis occurred; or

     (B) The department determines and documents in writing that there is substantial evidence that the E. coli positive groundwater sample is not related to source water quality.

     (viii) If the department invalidates an E. coli positive groundwater source sample, the system must collect another source water sample within twenty-four hours of being notified by the department of its invalidation decision and have it analyzed using the same analytical method. The department may extend the twenty-four hour time limit under (g)(iv)(A) of this subsection.

     (ix) Groundwater systems that fail to meet any of the monitoring requirements of (g) of this subsection must conduct Tier 2 public notification under Part 7, Subpart A of this chapter.

     (3) Inorganic chemical and physical follow-up monitoring shall be conducted in accordance with the following:

     (a) For nonnitrate/nitrite primary inorganic chemicals, 40 CFR 141.23 (a)(4), 141.23 (b)(8), 141.23 (c)(7), 141.23 (c)(9), 141.23 (f)(1), 141.23(g), 141.23(m) and 141.23(n);

     (b) For nitrate, 40 CFR 141.23 (a)(4), 141.23 (d)(2), 141.23 (d)(3), 141.23 (f)(2), 141.23(g), 141.23(m), 141.23(n), and 141.23(o);

     (c) For nitrite, 40 CFR 141.23 (a)(4), 141.23 (e)(3), 141.23 (f)(2), and 141.23(g); or

     (d) The purveyor of any public water system providing service that has secondary inorganic MCL exceedances shall take follow-up action as required by the department. Follow-up action shall be commensurate with the degree of consumer acceptance of the water quality and their willingness to bear the costs of meeting the secondary standard. For new community water systems and new nontransient noncommunity water systems without active consumers, treatment for secondary contaminant MCL exceedances will be required.

     (4) Lead and copper follow-up monitoring shall be conducted in accordance with 40 CFR 141.85(((d))) (c), 141.86 (d)(2), 141.86 (d)(3), 141.87(c), 141.87(d) and 141.88(b) through 141.88(d).

     (5) Turbidity.

     Purveyors monitoring turbidity in accordance with Part 6 of this chapter shall provide follow-up under WAC 246-290-634.

     (6) Organic chemicals. Follow-up monitoring shall be conducted in accordance with the following:

     (a) For VOCs, 40 CFR 141.24 (f)(11) through 141.24 (f)(15), and 141.24 (f)(22); or

     (b) For SOCs, 40 CFR 141.24(b), 141.24(c) and 141.24 (h)(7) through 141.24 (h)(11), and 141.24 (h)(20).

     (7) Radionuclide follow-up monitoring shall be conducted under 40 CFR 141.26 (a)(2)(iv), 141.26 (a)(3)(ii) through (v), 141.26 (a)(4), 141.26 (b)(6), and 141.26 (c)(5).

     (8) The department shall determine the purveyor's follow-up action when a substance not included in this chapter is detected.

[Statutory Authority: RCW 43.20.050 and 70.119A.080. 10-20-068, § 246-290-320, filed 9/29/10, effective 11/1/10. Statutory Authority: RCW 70.119A.180 and 43.20.050. 08-03-061, § 246-290-320, filed 1/14/08, effective 2/14/08. Statutory Authority: RCW 43.20.050 and 70.119A.080. 04-04-056, § 246-290-320, filed 1/30/04, effective 3/1/04. Statutory Authority: RCW 43.20.050 (2) and (3) and 70.119A.080. 03-08-037, § 246-290-320, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW 43.02.050 [43.20.050]. 99-07-021, § 246-290-320, filed 3/9/99, effective 4/9/99. Statutory Authority: RCW 43.20.050. 94-14-001, § 246-290-320, filed 6/22/94, effective 7/23/94; 93-08-011 (Order 352B), § 246-290-320, filed 3/25/93, effective 4/25/93; 92-04-070 (Order 241B), § 246-290-320, filed 2/4/92, effective 3/6/92. Statutory Authority: Chapter 43.20 RCW. 91-07-031 (Order 150B), § 246-290-320, filed 3/15/91, effective 4/15/91. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-290-320, filed 12/27/90, effective 1/31/91. Statutory Authority: P.L. 99-339. 89-21-020 (Order 336), § 248-54-185, filed 10/10/89, effective 11/10/89. Statutory Authority: RCW 34.04.045. 88-05-057 (Order 307), § 248-54-185, filed 2/17/88. Statutory Authority: RCW 43.20.050. 83-19-002 (Order 266), § 248-54-185, filed 9/8/83.]

     (1) Beginning in the report due by July 1, 2002, a system which detects arsenic levels above 0.005 mg/L and up to and including 0.010 mg/L:

     (a) Must include in its report a short informational statement about arsenic, using language such as: While your drinking water meets EPA's standard for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the cost of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.

     (b) May write its own educational statement, but only in consultation with the department.

     (2) A system which detects nitrate at levels above 5 mg/l, but below the MCL:

     (a) Must include a short informational statement about the impacts of nitrate on children using language such as: Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue-baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant, you should ask for advice from your health care provider.

     (b) May write its own educational statement, but only in consultation with the department.

     (3) Systems ((which detect lead above the action level in more than five percent, and up to and including ten percent, of homes sampled)) that monitor for lead within the reporting period:

     (a) Must include a short informational statement about the special impact of lead on children ((using language such as: Infants and young children are typically more vulnerable to lead in drinking water than the general population. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home's plumbing. If you are concerned about elevated lead levels in your home's water, you may wish to have your water tested and flush your tap for thirty seconds to two minutes before using tap water. Additional information is available from the Safe Drinking Water Hotline (800-426-4791))). The statement must include the following information: If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. (NAME OF UTILITY) is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for thirty seconds to two minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.

     (b) May write its own educational statement, but only in consultation with the department.

[Statutory Authority: RCW 70.119A.180 and 43.20.050. 08-03-061, § 246-290-72010, filed 1/14/08, effective 2/14/08. Statutory Authority: RCW 43.20.050 and 70.119A.080. 04-04-056, § 246-290-72010, filed 1/30/04, effective 3/1/04. Statutory Authority: RCW 43.20.050 (2) and (3) and 70.119A.080. 03-08-037, § 246-290-72010, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW 43.20.050. 00-15-080, § 246-290-72010, filed 7/19/00, effective 8/19/00.]

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