Section 611.646  Phase I, Phase II, and Phase V Volatile Organic Contaminants

 

Monitoring of the Phase I, Phase II, and Phase V VOCs for the purpose of determining compliance with the MCL must be conducted as follows:

 

a)         Definitions.  As used in this Section the following have the given meanings:

 

"Detect" and "detection" mean that the contaminant of interest is present at a level greater than or equal to the "detection limit".

 

"Detection limit" means 0.0005 mg/ℓ.

 

BOARD NOTE:  Derived from 40 CFR 141.24(f)(7), (f)(11), (f)(14)(i), and (f)(20).  This is a "trigger level" for Phase I, Phase II, and Phase V VOCs inasmuch as it prompts further action.  The use of the term "detect" in this Section is not intended to include any analytical capability of quantifying lower levels of any contaminant, or the "method detection limit". Note, however, that certain language at the end of federal paragraph (f)(20) is capable of meaning that the "method detection limit" is used to derive the "detection limit". The Board has chosen to disregard that language at the end of paragraph (f)(20) in favor of the more direct language of paragraphs (f)(7) and (f)(11).

 

"Method detection limit", as used in subsections (q) and (t) means the minimum concentration of a substance that can be measured and reported with 99 percent confidence that the analyte concentration is greater than zero and is determined from analysis of a sample in a given matrix containing the analyte.

 

BOARD NOTE:  Derived from appendix B to 40 CFR 136.  The method detection limit is determined by the procedure set forth in appendix B to 40 CFR 136, incorporated by reference in Section 611.102(c).  See subsection (t).

 

b)         Required Sampling.  Each supplier must take a minimum of one sample at each sampling point at the times required in subsection (u).

 

c)         Sampling Points

 

1)         Sampling Points for a GWS.  Unless otherwise provided by a SEP granted by the Agency, a GWS supplier must take at least one sample from each of the following points:  each entry point that is representative of each well after treatment.

 

2)         Sampling Points for an SWS or Mixed System Supplier.  Unless otherwise provided by a SEP granted by the Agency, an SWS or mixed system supplier must sample from each of the following points:

 

A)        Each entry point after treatment; or

 

B)        Points in the distribution system that are representative of each source.

 

3)         The supplier must take each sample at the same sampling point unless the Agency has granted a SEP that designates another location as more representative of each source, treatment plant, or within the distribution system.

 

4)         If a system draws water from more than one source, and the sources are combined before distribution, the supplier must sample at an entry point during periods of normal operating conditions when water is representative of all sources being used.

 

BOARD NOTE:  Subsections (b) and (c) derived from 40 CFR 141.24(f)(1) through (f)(3).

 

d)         Each CWS and NTNCWS supplier must take four consecutive quarterly samples for each of the Phase I VOCs, excluding vinyl chloride, and Phase II VOCs during each compliance period, beginning in the compliance period starting in the initial compliance period.

 

e)         This subsection (e) corresponds with 40 CFR 141.24(f)(5), which no longer has operative effect. This statement maintains structural consistency with the federal regulations.

 

f)         GWS Reduction to Triennial Monitoring Frequency.  After a minimum of three years of annual sampling, GWS suppliers that have not previously detected any of the Phase I VOCs, including vinyl chloride; Phase II VOCs; or Phase V VOCs must take one sample during each three-year compliance period.

 

g)         A CWS or NTNCWS supplier that has completed the initial round of monitoring required by subsection (d) and which did not detect any of the Phase I VOCs, including vinyl chloride; Phase II VOCs; and Phase V VOCs may apply to the Agency for a SEP that releases it from the requirements of subsection (f).  A supplier that serves fewer than 3300 service connections may apply to the Agency for a SEP that releases it from the requirements of subsection (d) as to 1,2,4-trichlorobenzene.

 

BOARD NOTE:  Derived from 40 CFR 141.24(f)(7) and (f)(10), and the discussion at 57 Fed. Reg. 31825 (July 17, 1992). Provisions concerning the term of the waiver appear in subsections (i) and (j).  The definition of "detect", parenthetically added to the federal counterpart paragraph, is in subsection (a).

 

h)         Vulnerability Assessment.  The Agency must consider the factors of Section 611.110(a) in granting a  SEP from the requirements of subsection (d), (e), or (f) under subsection (g).

 

i)          A  SEP issued to a GWS under subsection (g) is for a maximum of six years, except that a  SEP as to the subsection (d) monitoring for 1,2,4-trichlorobenzene must apply only to the initial round of monitoring.  As a condition of a  SEP, except as to a  SEP from the initial round of subsection (d) monitoring for 1,2,4-trichlorobenzene, the supplier shall, within 30 months after the beginning of the period for which the waiver was issued, reconfirm its vulnerability assessment required by subsection (h) and submitted under subsection (g), by taking one sample at each sampling point and reapplying for a  SEP under subsection (g). Based on this application, the Agency must do either of the following:

 

1)         If it determines that the PWS meets the standard of Section 611.610(e), issue a  SEP that reconfirms the prior SEP for the remaining three-year compliance period of the six-year maximum term; or

 

2)         Issue a new SEP requiring the supplier to sample annually.

 

BOARD NOTE:  Subsection (i) does not apply to an SWS or mixed system supplier.

 

j)          Special Considerations for a  SEP for an SWS or Mixed-System Supplier

 

1)         The Agency must determine that an SWS is not vulnerable before issuing a  SEP to an SWS supplier.  A  SEP issued to an SWS or mixed system supplier under subsection (g) is for a maximum of one compliance period; and

 

2)         The Agency may require, as a condition to a  SEP issued to an SWS or mixed supplier, that the supplier take such samples for Phase I, Phase II, and Phase V VOCs at such a frequency as the Agency determines are necessary, based on the vulnerability assessment.

 

BOARD NOTE:  There is a great degree of similarity between 40 CFR 141.24(f)(7), the provision applicable to GWSs, and 40 CFR 141.24(f)(10), the provision for SWSs.  The Board has consolidated the common requirements of both paragraphs into subsection (g).  Subsection (j) represents the elements unique to an SWSs or mixed system, and subsection (i) relates to a GWS supplier.  Although 40 CFR 141.24(f)(7) and (f)(10) are silent as to a mixed system supplier, the Board has included a mixed system supplier  with an SWS supplier because this best follows the federal scheme for all other contaminants.

 

k)         If one of the Phase I VOCs, excluding vinyl chloride; a Phase II VOC; or a Phase V VOC is detected in any sample, then the following must occur:

 

1)         The supplier must monitor quarterly for that contaminant at each sampling point that resulted in a detection.

 

2)         Annual Monitoring

 

A)        The Agency must grant a SEP that allows a supplier to reduce the monitoring frequency to annual at a sampling point if it determines that the sampling point is reliably and consistently below the MCL.

 

B)        A request for a SEP must include the following minimal information:

 

i)          For a GWS, two quarterly samples.

 

ii)         For an SWS or mixed system supplier, four quarterly samples.

 

C)        In issuing a SEP, the Agency must specify the level of the contaminant upon which the "reliably and consistently" determination was based.  Any SEP that allows less frequent monitoring based on an Agency "reliably and consistently" determination must include a condition requiring the supplier to resume quarterly monitoring under subsection (k)(1) if it violates the MCL specified by Section 611.311.

 

3)         Suppliers that monitor annually must monitor during the quarters that previously yielded the highest analytical result.

 

4)         Suppliers that do not detect a contaminant at a sampling point in three consecutive annual samples may apply to the Agency for a SEP that allows it to discontinue monitoring for that contaminant at that point, as specified in subsection (g).

 

5)         A GWS supplier that has detected one or more of the two-carbon contaminants listed in subsection (k)(5)(A) must monitor quarterly for vinyl chloride as described in subsection (k)(5)(B), subject to the limitation of subsection (k)(5)(C).

 

A)        "Two-carbon contaminants" (Phase I or II VOC) are the following:

 

1,2-Dichloroethane (Phase I)

 

1,1-Dichloroethylene (Phase I)

 

cis-1,2-Dichloroethylene (Phase II)

 

trans-1,2-Dichloroethylene (Phase II)

 

Tetrachloroethylene (Phase II)

 

1,1,1-Trichloroethylene (Phase I)

 

Trichloroethylene (Phase I)

 

B)        The supplier must sample quarterly for vinyl chloride at each sampling point at which it detected one or more of the two-carbon contaminants listed in subsection (k)(5)(A).

 

C)        The Agency must grant a SEP that allows the supplier to reduce the monitoring frequency for vinyl chloride at any sampling point to once in each three-year compliance period if it determines that the supplier has not detected vinyl chloride in the first sample required by subsection (k)(5)(B).

 

l)          Quarterly Monitoring Following MCL Violations

 

1)         Suppliers that violate an MCL for one of the Phase I VOCs, including vinyl chloride; Phase II VOCs; or Phase V VOCs, as determined by subsection (o), must monitor quarterly for that contaminant, at the sampling point where the violation occurred, beginning the next quarter after the violation.

 

2)         Annual Monitoring

 

A)        The Agency must grant a SEP that allows a supplier to reduce the monitoring frequency to annually if it determines that the sampling point is reliably and consistently below the MCL.

 

B)        A request for a SEP must include the following minimal information:  four quarterly samples.

 

C)        In issuing a  SEP, the Agency must specify the level of the contaminant upon which the "reliably and consistently" determination was based.  Any SEP that allows less frequent monitoring based on an Agency "reliably and consistently" determination must include a condition requiring the supplier to resume quarterly monitoring under subsection (l)(1) if it violates the MCL specified by Section 611.311.

 

D)        The supplier must monitor during the quarters that previously yielded the highest analytical result.

 

m)        Confirmation Samples.  The Agency may issue a SEP to require a supplier to use a confirmation sample for results that it finds dubious for whatever reason.  The Agency must state its reasons for issuing the SEP if the SEP is Agency-initiated.

 

1)         If a supplier detects any of the Phase I, Phase II, or Phase V VOCs in a sample, the supplier must take a confirmation sample as soon as possible, but no later than 14 days after the supplier receives notice of the detection.

 

2)         Averaging is as specified in subsection (o).

 

3)         The Agency must delete the original or confirmation sample if it determines that a sampling error occurred, in which case the confirmation sample will replace the original or confirmation sample.

 

n)         This subsection (n) corresponds with 40 CFR 141.24(f)(14), an optional USEPA provision relating to compositing of samples that USEPA does not require for state programs.  This statement maintains structural consistency with USEPA rules.

 

o)         Compliance with the MCLs for the Phase I, Phase II, and Phase V VOCs must be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL.

 

1)         For a supplier that monitors more than once per year, compliance with the MCL is determined by a running annual average at each sampling point.

 

2)         A supplier that monitors annually or less frequently whose sample result exceeds the MCL must begin quarterly sampling. The system will not be considered in violation of the MCL until it has completed one year of quarterly sampling.

 

3)         If any sample result will cause the running annual average to exceed the MCL at any sampling point, the supplier is out of compliance with the MCL immediately.

 

4)         If a supplier fails to collect the required number of samples, compliance will be based on the total number of samples collected.

 

5)         If a sample result is less than the detection limit, zero will be used to calculate the annual average.

 

p)         This subsection (p) corresponds with 40 CFR 141.24(f)(16), which USEPA removed and reserved.  This statement maintains structural consistency with the federal regulations.

 

q)         Analysis under this Section must only be conducted by a laboratory in one of the categories listed in Section 611.490(a) that has been certified according to the following conditions:

 

1)         To receive certification to conduct analyses for the Phase I VOCs, excluding vinyl chloride; Phase II VOCs; and Phase V VOCs, the laboratory must do the following:

 

A)        It must analyze performance evaluation (PE) samples that include these substances provided by the Agency under 35 Ill. Adm. Code 186.170;

 

B)        It must achieve the quantitative acceptance limits under subsections (q)(1)(C) and (q)(1)(D) for at least 80 percent of the regulated organic contaminants in the PE sample;

 

C)        It must achieve quantitative results on the analyses performed under subsection (q)(1)(A) that are within ± 20 percent of the actual amount of the substances in the PE sample when the actual amount is greater than or equal to 0.010 mg/ℓ;

 

D)        It must achieve quantitative results on the analyses performed under subsection (q)(1)(A) that are within ± 40 percent of the actual amount of the substances in the PE sample when the actual amount is less than 0.010 mg/ℓ; and

 

E)        It must achieve a method detection limit of 0.0005 mg/ℓ, according to the procedures in appendix B to 40 CFR 136, incorporated by reference in Section 611.102.

 

2)         To receive certification to conduct analyses for vinyl chloride the laboratory must do the following:

 

A)        It must analyze PE samples provided by the Agency under 35 Ill. Adm. Code 186.170;

 

B)        It must achieve quantitative results on the analyses performed under subsection (q)(2)(A) that are within ± 40 percent of the actual amount of vinyl chloride in the PE sample;

 

C)        It must achieve a method detection limit of 0.0005 mg/ℓ, according to the procedures in appendix B to 40 CFR 136, incorporated by reference in Section 611.102; and

 

D)        It must obtain certification under subsection (q)(1) for Phase I VOCs, excluding vinyl chloride; Phase II VOCs; and Phase V VOCs.

 

r)          This subsection (r) corresponds with 40 CFR 141.24(f)(18), an obsolete provision that relates to the initial compliance period from 1993 through 1995.  This statement maintains consistency with the federal regulations.

 

s)         The Agency must, by a SEP, increase the number of sampling points or the frequency of monitoring if it determines that it is necessary to detect variations within the PWS.

 

t)          Each laboratory certified for the analysis of Phase I, Phase II, or Phase V VOCs under subsection (q)(1) or (q)(2) must do the following:

 

1)         Determine the method detection limit (MDL), as defined in appendix B to 40 CFR 136, incorporated by reference in Section 611.102, at which it is capable of detecting the Phase I, Phase II, and Phase V VOCs; and,

 

2)         Achieve an MDL for each Phase I, Phase II, and Phase V VOC that is less than or equal to 0.0005 mg/ℓ.

 

u)         Each supplier must monitor, within each compliance period, at the time designated by the Agency by SEP.

 

v)         A new system supplier or a supplier that uses a new source of water must demonstrate compliance with the MCL within a period of time specified by a permit issued by the Agency. The supplier must also comply with the initial sampling frequencies specified by the Agency to ensure the supplier can demonstrate compliance with the MCL. Routine and increased monitoring frequencies must be conducted in accordance with the requirements in this Section.

 

BOARD NOTE:  Derived from 40 CFR 141.24(f).

 

(Source:  Amended at 44 Ill. Reg. 6996, effective April 17, 2020)