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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 290PUBLIC DRINKING WATER
SUBCHAPTER FDRINKING WATER STANDARDS GOVERNING DRINKING WATER QUALITY AND REPORTING REQUIREMENTS FOR PUBLIC WATER SYSTEMS
RULE §290.106Inorganic Contaminants

        (I) The executive director shall not decrease the quarterly sampling requirement until a groundwater system has taken a minimum of two quarterly samples.

        (II) The executive director shall not decrease the quarterly sampling requirement until a surface water system has taken a minimum of four quarterly samples.

  (5) Asbestos monitoring frequency. Community and nontransient, noncommunity water systems shall monitor for asbestos at the following frequency.

    (A) A public water system shall routinely monitor for asbestos once during the first three years of each compliance cycle.

    (B) The executive director may waive the routine monitoring frequency requirements for asbestos.

      (i) When determining if a waiver should be granted, the executive director shall consider:

        (I) the potential for asbestos contamination of the water source;

        (II) the use of asbestos-cement pipe for finished water distribution; and

        (III) the corrosivity of the water.

      (ii) If the executive director grants a waiver, it shall be made in writing and shall set forth the basis for the determination. The determination may be initiated by the executive director. The executive director shall review and, where appropriate, revise the waiver of monitoring frequency when other data relevant to the system becomes available.

      (iii) The term during which the waiver is effective shall not exceed one compliance cycle (i.e., nine years).

    (C) The executive director may increase the monitoring frequency for asbestos.

      (i) A system that exceeds the MCL for asbestos shall sample quarterly beginning in the next quarter after the violation occurs.

      (ii) After the initiation of quarterly sampling, the executive director may return a system to the routine monitoring frequency if monitoring shows that the system is reliably and consistently below the MCL.

        (I) The executive director shall not decrease the quarterly sampling requirement until a groundwater system has taken a minimum of two quarterly samples.

        (II) The executive director shall not decrease the quarterly sampling requirement until a surface (or combined surface water and groundwater) water system has taken a minimum of four quarterly samples.

  (6) Nitrate monitoring frequency. All public water systems shall monitor for nitrate at the following frequency.

    (A) Routine nitrate monitoring frequency. All public water systems shall routinely monitor for nitrate.

      (i) All public water systems shall annually sample at each groundwater entry point to the distribution system.

      (ii) A community or nontransient, noncommunity water system shall sample quarterly at each surface water entry point to the distribution system.

      (iii) A transient, noncommunity water system shall sample annually at each surface water entry point to the distribution system.

    (B) Reduced nitrate monitoring frequency. The executive director may reduce the monitoring frequency for community or nontransient, noncommunity water systems using surface water sources by granting a waiver to the routine monitoring frequency.

      (i) To be considered for a waiver, a system shall demonstrate that the nitrate concentration in each sample collected during the previous four consecutive quarters was less than 50% of the nitrate MCL.

      (ii) If the executive director grants a waiver, it shall be made in writing and shall set forth the basis for the determination. The determination may be initiated by the executive director. The executive director shall review and, where appropriate, revise the waiver of monitoring frequency when other data relevant to the system becomes available.

      (iii) A system that receives a waiver to the routine nitrate monitoring frequency must sample annually for nitrate. The annual sample must be collected in the quarter that previously resulted in the highest nitrate concentration.

    (C) Increased nitrate monitoring frequency. The executive director may increase the nitrate monitoring frequency for community or nontransient, noncommunity water systems using groundwater sources.

      (i) A system that is sampling annually shall begin quarterly nitrate sampling if the nitrate concentration in any sample is equal to or greater than 50% of the nitrate MCL. Quarterly sampling must begin the first quarter after the elevated nitrate level was detected.

      (ii) After the initiation of quarterly sampling, the executive director may return a system to the routine annual nitrate monitoring frequency if quarterly sampling shows that the system is reliably and consistently below the nitrate MCL for a minimum of four consecutive quarters.

  (7) Nitrite monitoring frequency. All public water systems shall monitor for nitrite at the following frequency.

    (A) All public water systems shall routinely take one nitrite sample during each nine-year compliance cycle. All public water systems shall monitor at the time designated by the executive director during each compliance period during each nine-year compliance cycle. New entry points will be scheduled for nitrite sample collection during the first year of operation, and then every nine years thereafter unless increased nitrite monitoring is required in accordance with this paragraph.

    (B) The executive director may reduce the monitoring frequency for nitrite by granting a waiver to the routine monitoring frequency.

      (i) To be considered for a waiver, a system shall demonstrate that the nitrite concentration in the initial sample was less than 50% of the nitrite MCL.

      (ii) If the executive director grants a waiver, it shall be made in writing and shall set forth the basis for the determination. The determination may be initiated by the executive director. The executive director shall review and, where appropriate, revise the waiver of monitoring frequency when other data relevant to the system becomes available.

      (iii) A system that receives a waiver to the routine nitrite monitoring frequency must sample at a frequency specified by the executive director.

    (C) The executive director may increase the monitoring frequency for nitrite.

      (i) A system shall sample quarterly for at least one year following any sample in which the nitrite concentration is greater than or equal to 50% of the MCL.

      (ii) The executive director may allow a system to return to the routine monitoring frequency after determining the system is reliably and consistently less than the MCL.

  (8) Confirmation sampling for all IOCs. The executive director may require a public water system to confirm the results of any individual sample.

    (A) If a sample result exceeds the MCL, a public water system may be required to collect one additional sample to confirm the results of the initial test. If an additional sample is required:

      (i) Confirmation samples must be collected at the same entry point to the distribution system as the sample that exceeded the MCL;

      (ii) Confirmation samples for IOCs except nitrate and nitrite shall be collected as soon as possible after the system receives the analytical results of the first sample; and

      (iii) Confirmation samples for nitrate and nitrite shall be collected within 24 hours of the system's receipt of notification of the analytical results of the first sample. Systems unable to comply with the 24-hour sampling requirement must immediately notify the consumers served by the public water system in accordance with subsection (f) of this section. Systems exercising this option must take and analyze a confirmation sample within two weeks of notification of the analytical results of the first sample.

    (B) The executive director may require a confirmation sample for any sample with questionable results.

  (9) More frequent monitoring. The executive director may require more frequent monitoring than specified in paragraphs (4) - (7) of this subsection.

(d) Analytical requirements for IOCs. Analytical procedures shall be performed in accordance with §290.119 of this title (relating to Analytical Procedures). Testing for inorganic contaminants shall be performed at a laboratory certified by the executive director.

(e) Reporting requirements for IOCs. The owner or operator of a public water system shall ensure that the executive director is provided with a copy of the results of any test, measurement, or analysis required by this subsection. The copies must be submitted within the first ten days following the month in which the result is received by the public water system, or the first ten days following the end of the required monitoring period as provided by this subsection, whichever occurs first. The copies must be mailed to the Texas Commission on Environmental Quality, Water Supply Division, MC 155, P.O. Box 13087, Austin, Texas Cont'd...

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