Section 11-20-46.1 - Enhanced filtration and disinfection(a) General requirements The requirements of this section constitute national primary drinking water regulations This section establishes requirements for filtration and disinfection that are in addition to criteria under which filtration and disinfection are required under section 11-20-46(a) The requirements of this section are applicable to public water systems with a surface water source or a GWUDI source serving at least 10,000 people, beginning January 1, 2002 and serving fewer than 10,000 people, beginning January 1, 2005, unless otherwise specified in this section. The regulations in this section establish or extend treatment technique requirements in lieu of maximum contaminant levels for the following contaminants: Giardia lamblia, viruses, heterotrophic plate count bacteria, Legionella, Cryptosporidium, and turbidity. (1) Each public water system with a surface water source or a GWUDI source shall provide treatment of that source water that complies with these treatment technique requirements and are in addition to those identified in section 11-20-46. The treatment technique requirements consist of installing and properly operating water treatment processes which reliably achieve: (A) At least 99 per cent (2-log) removal of Cryptosporidium between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer.(B) Compliance with the profiling and benchmark requirements under the provisions of subsection (b).(2) A public water system subject to the requirements of this section is considered to be in compliance with the requirements of this subsection if it meets the applicable filtration requirements in either section 11-20-46(c) or subsection (c) and the disinfection requirements in section 11-20-46(b) and subsection (b).(3) Systems are not permitted to begin construction of uncovered finished water storage facilities beginning February 16, 1999.(4) Public water systems with a surface water source or a GWUDI source that did not conduct optional monitoring under subsection (b) because they served fewer than 10,000 persons when such monitoring was required, but serve more than 10,000 persons prior to January 1, 2005 must comply with this subsection. (b) Disinfection profiling and benchmarking. (1) Determination of systems required to profile. A public water system with a surface water source or GWUDI source serving at least 10,000 people subject to the requirements of this paragraph must determine its TTHM annual average using the procedure in subparagraph (A) and its HAA5 annual average using the procedure in subparagraph (B). The annual average is the arithmetic average of the quarterly averages of four consecutive quarters of monitoring. For a public water system with a surface water source or GWUDI source serving fewer than 10,000 people, the director may determine that a system's profile is unnecessary if a system's reported TTHM and HAA5 levels are below 0.064 mg/L and 0.048 mg/L, respectively. To determine these levels, TTHM and HAA5 samples must be collected after January 1, 1998, during the month with the warmest water temperature, and at the point of maximum residence time in your distribution system. Any affected system having either a TTHM level >= 0.064mg/L or an HAA5 level >= 0.048 mg/L must comply with paragraph (2). (A) The TTHM annual average must be the annual average during the same period as is used for the HAA5 annual average. (i) Those systems that collected data under the provisions of 40 C.F.R. 141 subpart M (Information Collection Rule) must use the results of the samples collected during the last four quarters of required monitoring under Sec. 141.142 of that subpart. (ii) Those systems that use "grandfathered" HAA5 occurrence data that meet the provisions of subparagraph (B)(ii) must use TTHM data collected at the same time under the provisions of sections 11-20-4 and 11-20-45.(iii) Those systems that use HAA5 occurrence data that meet the provisions of subparagraph (B)(iii) must use TTHM data collected at the same time under the provisions of sections 11-20-4 and 11-20-45.(B) The HAA5 annual average must be the annual average during the same period as is used for the TTHM annual average. (i) Those systems that collected data under the provisions of 40 C.F.R. subpart M (Information Collection Rule) must use the results of the samples collected during the last four quarters of required monitoring under 40 C.F.R. Sec. 141.142.(ii) Those systems that have collected four quarters of HAA5 occurrence data that meets the routine monitoring sample number and location requirements for TTHM in sections 11-20-4 and 11-20-45 and handling and analytical method requirements of 40 C.F.R. Sec. 141.142(b)(1) may use those data to determine whether the requirements of this section apply.(iii) Those systems that have not met the provisions of either clause (i) or (ii) by March 16, 1999 must either: conduct monitoring for HAA5 that meets the routine monitoring sample number and location requirements for TTHM in sections 11-20-4 and 11-20-45 and the handling and analytical method requirements of 40 C.F.R. Sec. 141.142(b)(1) to determine the HAA5 annual average and whether the requirements of paragraph (2) apply (this monitoring must be completed so that the applicability determination can be made no later than March 31, 2000), or comply with all other provisions of this subsection as if the HAA5 monitoring had been conducted and the results required compliance with paragraph (2). (C) The system may request that the director approve a more representative annual data set than the data set determined under subparagraph (A) or (B) for a public water system with a surface water source or GWUDI source serving at least 10,000 people, or paragraph (b)(1) for a public water system with a surface water source or GWUDI source serving fewer than 10,000 people for the purpose of determining applicability of the requirements of this subsection.(D) The director may require that a system use a more representative annual data set than the data set determined under subparagraph (A) or (B) for the purpose of determining applicability of the requirements of this subsection.(E) The system must submit data to the director on the schedule in clauses (i) through (v). (i) Those systems that collected TTHM and HAA5 data under the provisions of 40 C.F.R. subpart M (Information Collection Rule), as required by subparagraphs (A)(i) and (B)(i), must submit the results of the samples collected during the last twelve months of required monitoring under 40 C.F.R. Sec. 141.142 not later than December 31, 1999.(ii) Those systems that have collected four consecutive quarters of HAA5 occurrence data that meets the routine monitoring sample number and location for TTHM in sections 11-20-4 and 11-20-45 and handling and analytical method requirements of 40 C.F.R. Sec. 141.142(b)(1), as allowed by subparagraphs (A)(ii) and (B)(ii), must submit those data to the director not later than April 16, 1999. Until the director has approved the data, the system must conduct monitoring for HAA5 using the monitoring requirements specified under subparagraph (B)(iii).(iii) Those systems that conduct monitoring for HAA5 using the monitoring requirements specified by subparagraphs (A)(iii) and (B)(iii), must submit TTHM and HAA5 data not later than March 31, 2000. (iv) Those systems that elect to comply with all other provisions of this subsection as if the HAA5 monitoring had been conducted and the results required compliance with this subsection, as allowed under subparagraph (B)(iii), must notify the director in writing of their election not later than December 31, 1999.(v) If the system elects to request that the director approve a more representative annual data set than the data set determined under subparagraph (B)(i), the system must submit this request in writing not later than December 31, 1999. (F) Any system having either a TTHM annual average > 0.064 mg/L or an HAA5 annual average >= 0.048 mg/L during the period identified in subparagraphs (A) and (B) must comply with paragraph (2).(2) Disinfection profiling. (A) Any system that meets the criteria in paragraph (1)(F) must develop a disinfection profile of its disinfection practice for a period of up to three years.(B) The system must monitor daily for a period of twelve consecutive calendar months to determine the total logs of inactivation for each day of operation, based on the CT99.9 values in Tables E-1 thru E-6, E-8, E-10, and E-12 of the Hawaii Surface Water Treatment Rule Administrative Manual, as appropriate, through the entire treatment plant. Public water systems with a surface water source or GWUDI source serving at least 10,000 people, must begin this monitoring not later than April 1, 2000. For a public water system with a surface water source or GWUDI source serving fewer than 10,000 people, monitoring must begin no later than July 1, 2003. New or substantially modified systems, as defined under sections 11-20-29 and 11-20-30 respectively, applying after April 1, 2000 shall begin monitoring not later than a date determined by the director. As a minimum, the system with a single point of disinfectant application prior to entrance to the distribution system must conduct the monitoring specified in this subparagraph. A system with more than one point of disinfectant application must conduct the monitoring in this subparagraph for each disinfection segment. The system must monitor the parameters necessary to determine the total inactivation ratio, using analytical methods in section 11-20-46(d)(1), as follows: (i) The temperature of the disinfected water must be measured once per day at each residual disinfectant concentration sampling point during peak hourly flow. (ii) If the system uses chlorine, the pH of the disinfected water must be measured once per day at each chlorine residual disinfectant concentration sampling point during peak hourly flow. (iii) The disinfectant contact time(s)("T") must be determined for each day during peak hourly flow. (iv) The residual disinfectant concentration(s)("C") of the water before or at the first customer and prior to each additional point of disinfection must be measured each day during peak hourly flow. (C) In lieu of the monitoring conducted under the provisions of subparagraph (B) to develop the disinfection profile, the system may elect to meet the requirements of clause (i). In addition to the monitoring conducted under the provisions of subparagraph (B) to develop the disinfection profile, the system may elect to meet the requirements of clause (ii).(i) A PWS that has three years of existing operational data may submit those data, a profile generated using those data, and a request that the director approve use of those data in lieu of monitoring under the provisions of subparagraph (B) not later than March 31, 2000 for a public water system with a surface water source or GWUDI source serving at least 10,000 people, and July 1, 2003 for a public water system with a surface water source or GWUDI source serving fewer than 10,000 people. The director must determine whether these operational data are substantially equivalent to data collected under the provisions of subparagraph (B). These data must also be representative of Giardia lamblia inactivation through the entire treatment plant and not just of certain treatment segments. Until the director approves this request, the system is required to conduct monitoring under the provisions of subparagraph (B).(ii) In addition to the disinfection profile generated under subparagraph (B), a PWS that has existing operational data may use those data to develop a disinfection profile for additional years. Such systems may use these additional yearly disinfection profiles to develop a benchmark under the provisions of paragraph (3). The director must determine whether these operational data are substantially equivalent to data collected under the provisions of subparagraph (B). These data must also be representative of inactivation through the entire treatment plant and not just of certain treatment segments. (D) The system must calculate the total inactivation ratio as follows: (i) If the system uses only one point of disinfectant application, the system may determine the total inactivation ratio for the disinfection segment based on either: determining one inactivation ratio (CTcalc/CT99.9) before or at the first customer during peak hourly flow, or determining successive CTcalc/CT99.9 values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow. Under this alternative, the system must calculate the total inactivation ratio by determining (CTcalc/CT99.9) for each sequence and then adding the (CTcalc/CT99.9) values together to determine [SIGMA] (CTcalc/CT99.9).(ii) If the system uses more than one point of disinfectant application before the first customer, the system must determine the CT value of each disinfection segment immediately prior to the next point of disinfectant application, or for the final segment, before or at the first customer, during peak hourly flow. The (CTcalc/CT99.9) value of each segment and [SIGMA] (CTcalc/CT99.9) must be calculated using the method in clause (i).(iii) The system must determine the total logs of inactivation by multiplying the value calculated in clause (i) or (ii) by 3.0. (E) A system that uses either chlorine dioxide, chloramines, or ozone for primary disinfection must also calculate the logs of inactivation for viruses and develop an additional disinfection profile for viruses using a method approved by the State.(F) The system must retain disinfection profile data in graphic form, as a spreadsheet, or in some other format acceptable to the director for review as part of sanitary surveys conducted by the State. (3) Disinfection benchmarking. (A) Any system required to develop a disinfection profile under the provisions of paragraphs (1) and (2) and that decides to make a significant change to its disinfection practice must consult with the director prior to making such change. Significant changes to disinfection practice are: (i) Changes to the point of disinfection; (ii) Changes to the disinfectant(s) used in the treatment plant; (iii) Changes to the disinfection process; and (iv) Any other modification identified by the State. (B) Any system that is modifying its disinfection practice must calculate its disinfection benchmark using the procedure specified in this subparagraph. (i) For each year of profiling data collected and calculated under paragraph (2), the system must determine the lowest average monthly Giardia lamblia inactivation in each year of profiling data. The system must determine the average Giardia lamblia inactivation for each calendar month for each year of profiling data by dividing the sum of daily Giardia lamblia of inactivation by the number of values calculated for that month. (ii) The disinfection benchmark is the lowest monthly average value(for systems with one year of profiling data) or average of lowest monthly average values (for systems with more than one year of profiling data) of the monthly logs of Giardia lamblia inactivation in each year of profiling data. (C) A system that uses either chlorine dioxide, chloramines, or ozone for primary disinfection must also calculate the disinfection benchmark for viruses using a method approved by the State.(D) As part of its consultation process with the director, the system must submit the following information: (i) A description of the proposed change, including why the change is being proposed, a summary of alternatives considered with positive and negative impacts, and a final analysis of the selected alternative; (ii) The disinfection profile for Giardia lamblia (and, if necessary, viruses) under paragraph (2) and benchmark as required by paragraph (3)(B);(iii) An analysis of how the proposed change will affect the current levels of disinfection; and (iv) Any additional information requested by the director.(c) Filtration. A public water system is subject to the requirements of this subsection consisting of both disinfection, as specified in section 11-20-46(b), and filtration treatment which complies with the requirements of this subsection or section 11-20-46. (1) Conventional filtration treatment or direct filtration.(A) For systems using conventional filtration or direct filtration, the turbidity level of representative samples of a system's filtered water must be less than or equal to 0.3 NTU in at least 95 per cent of the measurements taken each month, measured as specified in section 11-20-46(d)(1) and (2).(B) The turbidity level of representative samples of a system's filtered water must at no time exceed 1 NTU, measured as specified in section 11-20-46(d)(1) and (2).(C) A system that uses lime softening may acidify representative samples prior to analysis using a protocol approved by the State.(2) Filtration technologies other than conventional filtration treatment, direct filtration, slow sand filtration, or diatomaceous earth filtration. A public water system may use a filtration technology not listed in either paragraph (1) or in section 11-20-46(c)(2)(B) or (C) if it demonstrates to the State, using pilot plant studies or other means, that the alternative filtration technology, in combination with disinfection treatment that meets the requirements of section 11-20-46(b), consistently achieves 99.9 per cent removal and/or inactivation of Giardia lamblia cysts and 99.99 per cent removal and/or inactivation of viruses, and 99 per cent removal of Cryptosporidium oocysts, and the director approves the use of the filtration technology. For a system that makes this demonstration, the requirements for conventional filtration apply. (d) Filtration sampling requirements. (1) Monitoring requirements for systems using filtration treatment. In addition to monitoring required by section 11-20-46(d), a public water system subject to the requirements of this section that provides filtration treatment, other than slow sand filtration or diatomaceous earth filtration, must conduct continuous monitoring of turbidity for each individual filter using an approved method in section 11-20-46(d)(1) and must calibrate turbidimeters using the procedure specified by the manufacturer. Systems must record the results of individual filter monitoring every fifteen minutes.(2) If there is a failure in the continuous turbidity monitoring equipment, the system must conduct grab sampling every four hours in lieu of continuous monitoring, but for no more than five working days for a public water system with a surface water source or GWUDI source serving at least 10,000 people, and fourteen calendar days for a public water system with a surface water source or GWUDI source serving fewer than 10,000 people following the failure of the equipment.(e) Reporting and recordkeeping requirements. In addition to the reporting and recordkeeping requirements in section 11-20-46(e), a public water system subject to the requirements of this section that provides conventional filtration treatment or direct filtration must report monthly to the director the information specified in paragraphs (1) and (2). In addition to the reporting and recordkeeping requirements in section 11-20-46(e), a public water system subject to the requirements of this section that provides filtration approved under subsection (c)(2) must report monthly to the director the information specified in paragraph (1). The reporting in paragraph (1) is in lieu of the reporting specified in section 11-20-46(e)(2)(A). (1) Turbidity measurements as required by subsection (c) must be reported within ten days after the end of each month the system serves water to the public. Information that must be reported includes: (A) The total number of filtered water turbidity measurements taken during the month.(B) The number and percentage of filtered water turbidity measurements taken during the month which are less than or equal to the turbidity limits specified in subsection (c)(1) or (2).(C) The date and value of any turbidity measurements taken during the month which exceed 1 NTU for systems using conventional filtration treatment or direct filtration, or which exceed the maximum level set by the director under subsection (c)(2).(2) Systems must maintain the results of individual filter monitoring taken under subsection (d) for at least three years. Systems must report that they have conducted individual filter turbidity monitoring under subsection (d) within ten days after the end of each month the system serves water to the public. Systems must report individual filter turbidity measurement results taken under subsection (d) within ten days after the end of each month the system serves water to the public only if measurements demonstrate one or more of the conditions in subparagraphs (A) through (D). Systems that use lime softening may apply to the director for alternative exceedance levels for the levels specified in subparagraphs (A) through (D) if they can demonstrate that higher turbidity levels in individual filters are due to lime carryover only and not due to degraded filter performance. (A) For any individual filter that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements taken fifteen minutes apart, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within seven days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and report that the profile has been produced or report the obvious reason for the exceedance.(B) For any individual filter that has a measured turbidity level of greater than 0.5 NTU in two consecutive measurements taken fifteen minutes apart at the end of the first four hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, the system must report the filter number, the turbidity, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within seven days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and report that the profile has been produced or report the obvious reason for the exceedance. (C) For any individual filter that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements taken fifteen minutes apart at any time in each of three consecutive months, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must conduct a self-assessment of the filter within fourteen days of the exceedance and report that the self-assessment was conducted. The self-assessment must consist of at least the following components: assessment of filter performance; development of a filter profile; identification and prioritization of factors limiting filter performance; assessment of the applicability of corrections; and preparation of a filter self-assessment report.(D) For any individual filter that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements taken fifteen minutes apart at any time in each of two consecutive months, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must arrange for the conduct of a comprehensive performance evaluation (CPE) by a third party approved by the director no later than thirty days following the exceedance and have the evaluation completed and submitted to the director no later than ninety days following the exceedance. The director may require systems that have undergone a CPE to subsequently perform a comprehensive technical assistance (CTA) evaluation if the CPE findings determine that a CTA, and the implementation of its recommendations by the system, have the potential to improve water quality in the plant effluent or in the distribution system. (3) Additional reporting requirements. (A) If at any time the turbidity exceeds 1 NTU in representative samples of filtered water in a system using conventional filtration treatment or direct filtration, the system must consult with the State as soon as possible, but no later than the end of the next business day.(B) If at any time the turbidity in representative samples of filtered water exceeds the maximum level set by the director under subsection (c)(2) for filtration technologies other than conventional filtration treatment, direct filtration, slow sand filtration or diatomaceous earth filtration, the system must consult with the State as soon as possible, but no later than the end of the next business day.(C) Public water systems with a surface water source or GWUDI source serving fewer than 10,000 people must report the results of optional monitoring, which show TTHM levels <0.064 mg/L and HAA5 levels <0.048 mg/L if that system wishes to forgo profiling, pursuant to subsection (b)(1). Other systems must report the commencement of disinfection profiling by July 1, 2003. (4) Additional recordkeeping requirements. All systems subject to this section that are required to profile or calculate a benchmark under subsection (b) must keep their results, including raw data and analyses, indefinitely.(f) Composite correction program. The director may require systems regulated under subsection (a) to perform a composite correction program (CCP) and implement any follow up recommendations that result from the program. (1) The director may require that a system perform a CCP if one of the following occurs: (A) A waterborne disease outbreak; or(B) System deficiencies are identified which: (i) Degrade water quality in the plant effluent or distribution system; or(ii) In the director's opinion, have the potential to result in an unreasonable risk to the health of persons served by the system.(2) Third parties performing CCPs on behalf of the system must be approved by the director.(g) Sanitary surveys. The director shall conduct sanitary surveys for all systems, regulated under subsection (a), no less frequently than every three years for community PWSs and every five years for non-community PWSs. (1) Sanitary surveys shall address, as a minimum, the following eight components: (D) Finished water storage;(E) Pumps, pump facilities, and controls;(F) Monitoring and reporting and data verification;(G) System management and operation; and (H) Operator compliance with state requirements (2) Significant deficiencies are defined as any defect in a system's design, operation and maintenance, as well as any failure or malfunction of any system component, that the director determines to cause, or have the potential to cause, an immediate sanitary risk to health.(A) The director has determined that the following conditions meet the definition in this paragraph: (i) Source water infrastructure (wellhead or surface water intake) that is susceptible to harmful land use activities, pollution sources or water quality conditions that indicate an immediate sanitary risk to an untreated ground water source or to the designed treatment capabilities of an existing water treatment plant, and are within the control of the PWS. (ii) An unauthorized bypass around a water treatment plant which treats surface water or ground water under the direct influence of a surface water (GWUDI). (iii) (Drainage, sewer, chemical, or raw water line cross connections that may allow contaminants to enter the drinking water system. (iv) Potential backpressure and backsiphonage conditions, including those observed outside the PWS system (i.e. private property), which could impact the PWS" water system quality. As a minimum, a PWS must contact private property owners to resolve potential cross connection hazard to their distribution system. (v) Tank contents are exposed to contamination due to corrosion, poorly designed or maintained roof-wall interface, roof vents, overflow or washout line piping, hatches, manways or any other unprotected openings. (vi) Well contamination potential at pump discharge head including: vent or air line tubing openings into well column are not sealed properly; drain for packing lubrication water is plugged and lubrication water is either stagnant or harbors small animals. (B) PWSs shall respond to the director in writing to significant deficiencies outlined in sanitary survey reports no later than forty-five calendar days after receipt of the report, indicating how and on what schedule the system will address significant deficiencies noted in the survey.(C) PWSs subject to subparagraph (B) shall take the necessary steps to correct significant deficiencies identified in sanitary survey reports if such deficiencies are within the control of the PWS and its governing body.(D) Failure of a PWS to respond to the requirements of either subparagraph (B) or (C) shall constitute a violation of these rules and subject the system to administrative penalties under section 340E-8, HRS. (3) Community PWSs meeting the criteria in the subparagraphs (A) through (E) may be eligible for sanitary surveys to be performed on their systems at a reduced frequency of no less than every five years. Community PWSs achieving this reduced frequency status must continue to meet the criteria in subparagraphs (A) through (E) for the period between surveys, or risk an immediate adjustment of their reduced frequency status by the director. (A) No significant deficiencies identified in the system's most recent survey performed in compliance with this subsection;(B) No waterborne disease outbreaks attributable to the system during the past five years;(C) No violations of chapter 11-20 during the past five years;(D) Evidence of an active cross connection control program; and(E) Evidence of an up-to-date operator training and certification program.(4) The director will review the system's disinfection profiling data, as defined in subsection (b)(2), whenever a sanitary survey is performed.Haw. Code R. § 11-20-46.1
[Eff and comp 11/30/02; am and comp 12/16/05; am and comp 11/28/11; comp MAY 02 2014 ] (Auth: HRS §§ 340E-2, 340E-9) (Imp: HRS §§ 340E-2, 340E-9; 42 U.S.C. §§300 f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-4, 300j-9, 300j-11; 40 C.F.R. §141.170, § 141.172, § 141.173, § 141.174, § 141.175 )