Section 327IAC8-2-5.5. Collection of samples for volatile organic compound testing other than total trihalomethanes; community and nontransient noncommunity water systems

  5. CWSs and NTNCWSs shall collect samples for volatile organic compound testing in order to determine compliance with section 5.4 of this rule, beginning with the initial compliance period, as follows:

(1) Ground water systems shall take a minimum of one (1) sample at every entry point to the distribution system that is representative of each well after treatment (hereafter called a sampling 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, or within the distribution system.

(2) Surface water systems (or combined surface/ground) shall take a minimum of one (1) 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). Each sample must be taken at the same sampling point, unless conditions make another sampling point more representative of each source or treatment plant, or within the distribution system.

(3) If the system draws water from more than one (1) source and sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions such as when water representative of all sources is being used.

(4) Each CWS and NTNCWS shall take four (4) consecutive quarterly samples for each contaminant listed in section 5.4 of this rule, except vinyl chloride, during each compliance period, beginning in the initial compliance period.

(5) If the initial monitoring for contaminants listed in section 5.4 of this rule, as allowed by subdivision (16), has been completed by December 31, 1992, and the system did not detect any contaminant listed in section 5.4 of this rule, then each ground and surface water system shall take one (1) sample annually beginning with the initial compliance period.

(6) After a minimum of three (3) years of annual sampling, the commissioner may allow ground water systems with no previous detection of any contaminant listed in section 5.4 of this rule to take one (1) sample during each compliance period.

(7) Each community and nontransient noncommunity ground water system that does not detect a contaminant listed in section 5.4 of this rule may apply to the commissioner for a waiver from the requirements of subdivisions (5) and (6) after completing the initial monitoring. As used in this section, "detection" means greater than or equal to five ten-thousandths (0.0005) milligram per liter. A waiver shall be effective for no more than six (6) years (two (2) compliance periods). The commissioner may also issue waivers to small systems for the initial round of monitoring for 1,2,4-trichlorobenzene.

(8) The commissioner may grant a waiver after evaluating the following factors:

(A) 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 commissioner reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted.

(B) If previous use of the contaminant is unknown or if the contaminant has been used previously, then the following factors shall be used to determine whether a waiver is granted:

(i) Previous analytical results.

(ii) The proximity of the system to a potential point or nonpoint 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.

(iii) The environmental persistence and transport of the contaminants.

(iv) The number of persons served by the public water system, and the proximity of a smaller system to a larger system.

(v) How well the water source is protected against contamination, such as whether it is a surface or ground water system. Ground water systems must consider factors such as the depth of the well, the type of soil, and wellhead protection. Surface water systems must consider watershed protection.

(9) As a condition of the waiver, a ground water system must take one (1) sample at each sampling point during the time the waiver is effective, for example, one (1) sample during two (2) compliance periods or six (6) years, and update its vulnerability assessment considering the factors listed in subdivision (8). Based on this vulnerability assessment, the commissioner must reconfirm that the system is nonvulnerable. If the commissioner does not make this reconfirmation within three (3) years of the initial determination, then the waiver is invalidated and the system is required to sample annually as specified in subdivision (5).

(10) Each community and nontransient noncommunity surface water system that does not detect a contaminant listed in section 5.4 of this rule may apply to the commissioner for a waiver from subdivision (5) after completing the initial monitoring. Composite samples from a maximum of five (5) sampling points are allowed provided that the detection limit of the method used for analysis is less than one-fifth (¹/₅) of the MCL. Systems meeting this criterion must be determined by the commissioner to be nonvulnerable based on a vulnerability assessment during each compliance period. Each system receiving a waiver shall sample at the frequency specified by the commissioner (if any).

(11) If a contaminant listed in section 5.4 of this rule, except vinyl chloride, is detected at a level exceeding five ten-thousandths (0.0005) milligram per liter in any sample, then the monitoring requirements will be as follows:

(A) The system must monitor quarterly at each sampling point that resulted in a detection.

(B) The commissioner may decrease the quarterly monitoring requirement specified in clause (A) provided it has determined that the system is reliably and consistently below the MCL. In no case shall the commissioner make this determination unless a ground water system takes a minimum of two (2) quarterly samples and a surface water system takes a minimum of four (4) quarterly samples.

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

(D) Systems that have three (3) consecutive annual samples with no detection of a contaminant may apply to the commissioner for a waiver as specified in subdivision (7).

(E) Ground systems that have detected one (1) or more two-carbon organic compounds:

(i) trichloroethylene;

(ii) tetrachloroethylene;

(iii) 1,2-dichloroethane;

(iv) 1,1,1-trichloroethane;

(v) cis-1,2-dichloroethylene;

(vi) trans-1,2-dichloroethylene; or

(vii) 1,1-dichloroethylene;

shall monitor quarterly for vinyl chloride. A vinyl chloride sample shall be taken at each sampling point at which one (1) or more of the two-carbon organic compounds was detected. If the results of the first analysis do not detect vinyl chloride, the commissioner may reduce the quarterly monitoring frequency of vinyl chloride monitoring to one (1) sample during each compliance period. Surface water systems are required to monitor for vinyl chloride as specified by the commissioner.

(12) Systems that violate section 5.4 of this rule, as determined by subdivision (15), must monitor quarterly. After a minimum of four (4) consecutive quarterly samples that show the system is in compliance as specified in subdivision (15) if the commissioner determines that the system is reliably and consistently below the MCL, the system may monitor at the frequency and times specified in subdivision (11)(C).

(13) The commissioner may require a confirmation sample for positive or negative results. If a confirmation sample is required by the commissioner, the result must be averaged with the first sampling result and the average is used for the compliance determination as specified by subdivision (15). The commissioner has the discretion to delete results of obvious sampling errors from this calculation.

(14) The commissioner may reduce the total number of samples a system must analyze by allowing the use of compositing. Composite samples from a maximum of five (5) sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth (¹/₅) of the MCL. Compositing of samples must be done in the laboratory and analyzed within fourteen (14) days of sample collection as follows:

(A) If the concentration in the composite sample is greater than or equal to five ten-thousandths (0.0005) milligram per liter for any contaminant listed in section 5.4 of this rule, then a follow-up sample must be analyzed within fourteen (14) days from each sampling point included in the composite, and be analyzed for that contaminant.

(B) If duplicates of the original sample taken from each sampling point used in the composite sample are available, the system may use the duplicates instead of resampling. The duplicates must be analyzed and the results reported to the commissioner within fourteen (14) days after completing analysis of the composite sample, provided the holding time of the sample is not exceeded.

(C) Compositing may only be permitted by the commissioner at sampling points within a single system if the population served by the system is greater than three thousand three hundred (3,300) persons. In systems serving less than or equal to three thousand three hundred (3,300) persons, the commissioner may permit compositing among different systems provided the five (5) sample limit is maintained.

(D) Compositing of samples prior to gas chromatography (GC) analysis shall be as follows:

(i) Add five (5) milliliters or equal larger amounts of each sample (up to five (5) samples are allowed) to a twenty-five (25) milliliter glass syringe. Special precautions must be made to maintain zero (0) headspace in the syringe.

(ii) The samples must be cooled at four (4) degrees Celsius during this step to minimize volatilization losses.

(iii) Mix well and draw out a five (5) milliliter aliquot for analysis.

(iv) Follow sample introduction, purging, and desorption steps described in the method.

(v) If less than five (5) samples are used for compositing, a proportionately smaller syringe may be used.

(E) Compositing of samples prior to gas chromatography/mass spectrometry (GS/MS) analysis shall be as follows:

(i) Inject five (5) milliliters or larger amounts of each aqueous solution (up to five (5) samples are allowed) into a twenty-five (25) milliliter purging device using the sample introduction technique described in the method.

(ii) The total volume of the sample in the purging device must be twenty-five (25) milliliters.

(iii) Purge and desorb as described in the method.

(15) Compliance with section 5.4 of this rule shall be determined such that, if one (1) sampling point is in violation of an MCL, the system is in violation of the MCL and based on the analytical results obtained at each sampling point using the following criteria:

(A) For systems that are conducting monitoring at a frequency greater than annually, compliance is determined by a running annual average of all samples taken at each sampling point.

(B) Systems monitoring annually, or less frequently, whose sample results exceed the MCL must begin quarterly sampling. The system will not be considered in violation of the MCL until it has completed one (1) 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 (0) will be used to calculate the annual average.

(F) If a public water system has a distribution system separable from other parts of the distribution system with no interconnections, the commissioner may allow the system to give public notice to only that area served by that portion of the system that is out of compliance.

(16) The commissioner may allow the use of monitoring data collected after January 1, 1988, for purposes of initial monitoring compliance. If the data are generally consistent with the other requirements of this section, the commissioner may use these data (a single sample rather than four (4) quarterly samples) to satisfy the initial monitoring requirement of subdivision (4). Systems that use grandfathered samples and do not detect any contaminant listed in section 5.4 of this rule, except vinyl chloride, shall begin monitoring annually in accordance with subdivision (5), beginning with the initial compliance period.

(17) The commissioner may increase required monitoring where necessary to detect variations within the system.

(18) To receive certification to conduct analyses for the contaminants in section 5.4 of this rule, excluding vinyl chloride, each certified laboratory must meet the following requirements:

(A) Successfully analyze PE samples provided by EPA, the commissioner, or by a third party with the approval of EPA or the commissioner, at least once a year by each method for which the laboratory desires certification.

(B) Achieve the quantitative acceptance limits under clauses (C) and (D) for at least eighty percent (80%) of the regulated organic chemicals in section 5.4 of this rule, excluding vinyl chloride.

(C) Achieve quantitative results on the analyses performed under clause (A) that are within plus or minus twenty percent (+20%) of the actual amount of the substances in the PE sample when the actual amount is greater than or equal to ten-thousandths (0.010) milligrams per liter.

(D) Achieve quantitative results on the analyses performed under clause (A) that are within plus or minus forty percent (+40%) of the actual amount of the substances in the PE sample when the actual amount is less than ten-thousandths (0.010) milligrams per liter.

(E) Achieve a method detection limit of five ten-thousandths (0.0005) milligram per liter, according to the procedures in 40 CFR 136, Appendix B*.

(19) To receive certification to conduct analyses for vinyl chloride, the laboratory must meet the following requirements:

(A) Successfully analyze PE samples provided by EPA, the commissioner, or by a third party with the approval of EPA or the commissioner, at least once a year by each method for which the laboratory desires certification.

(B) Achieve quantitative results on the analyses performed under clause (A) that are within plus or minus forty percent (+40%) of the actual amount of vinyl chloride in the PE sample.

(C) Achieve a method detection limit of five ten-thousandths (0.0005) milligram per liter, according to the procedures in 40 CFR 136, Appendix B*.

(D) Obtain certification for the contaminants listed in section 5.4 of this rule.

(20) Each public water system shall monitor at the time designated by the commissioner within each compliance period.

(21) The commissioner may increase required monitoring where necessary to detect variations within the system.

(22) The commissioner has the authority to determine compliance or initiate enforcement based upon analytical results or other information.

(23) All new systems or systems that use a new source of water that begin operation after January 1, 2004, must demonstrate compliance with the MCL within a period of time specified by the commissioner. The system must also comply with the initial sampling frequencies specified by the commissioner to ensure a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements in this section.

  *40 CFR 136, Appendix B* is incorporated by reference. Copies of this regulation may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C., 20402, or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204. (Water Pollution Control Division; 327 IAC 8-2-5.5; filed Dec 28, 1990, 5:10 p.m.: 14 IR 1014; errata filed Jan 9, 1991, 2:30 p.m.: 14 IR 1070; errata filed Aug 6, 1991, 3:45 p.m.: 14 IR 2258; filed Aug 24, 1994, 8:15 a.m.: 18 IR 39; errata filed Oct 11, 1994, 2:45 p.m.: 18 IR 531; filed Oct 24, 1997, 4:30 p.m.: 21 IR 936; filed Jul 23, 2001, 1:02 p.m.: 24 IR 3960; filed Nov 20, 2001, 10:20 a.m.: 25 IR 1089; filed Jun 13, 2005, 2:30 p.m.: 28 IR 3203; errata filed Jul 6, 2005, 3:15 p.m.: 28 IR 3582)