NR 809.205 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (2) (a), (3), (4) (intro.), renum. (4) (a) to (a) (intro.) and am., cr. (4) (a) 1. to 3., am. (4) (b), (5) Register March 2016 No. 723, eff. 4-1-16; CR 21-088: cr. (1g), (1r), am. (2) (intro.), (a), (b), renum. (3), (4), (5) to (2) (c), (d), (e) and, as renumbered, am. (2) (c), (d) (intro.), 1. (intro.), a., (e), am. (6) (c) Register July 2022 No. 799, eff. 8-1-22; correction in (1r) (e) (intro.), (6) (c) made under s. 13.92 (4) (b) 7., Stats., and correction in (2) (d) 1. made under ss. 13.92 (4) (b) 7., and 35.17, Stats., Register July 2022 No. 799.

NR 809.207 NR 809.207 Compliance requirements for synthetic organic contaminants.

NR 809.207(1) (1) MCL compliance determination. Compliance with synthetic organic contaminant MCLs shall be determined as follows:

NR 809.207(1)(a) (a) Compliance with the synthetic organic contaminant MCLs specified in s. NR 809.20 shall be determined based on the analytical results obtained at each entry point. If one entry point is in violation of an MCL, the public water system is in violation of the MCL.

NR 809.207(1)(b) (b) For public water systems which are conducting monitoring more frequently than annual, compliance is determined by a running annual average of all samples taken at each entry point. If the annual average of any entry point is greater than the MCL, then the public water system is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the public water system is out of compliance immediately.

NR 809.207(1)(c) (c) If monitoring is conducted annually or less frequently, the public water system is out of compliance if the level of a contaminant at any entry point is greater than the MCL. Compliance shall be based on the average value of the initial sample and the confirmation sample.

NR 809.207(1)(d) (d) Any contaminant listed in s. NR 809.20 that is detected shall be quantified. Any sample below the reported method detection limit shall be calculated at zero for the purposes of determining the averages in pars. (b) and (c).

NR 809.207(1)(e) (e) If a public water system fails to collect the required number of samples, compliance shall be based on the total number of samples collected.

NR 809.207(2) (2) Detection of synthetic contaminants not listed in s. NR 809.20 (1). Any detection of a synthetic organic contaminant not listed in s. NR 809.20 (1) shall be reported to the department with the other monitoring reports required under this section. The laboratory shall indicate whether any detected synthetic organic contaminant not listed in s. NR 809.20 (1) has been confirmed or tentatively identified, and when a numerical result is reported, whether the result is quantitative or an estimate.

NR 809.207(3) (3) Use of analytical results. The department may determine compliance or initiate enforcement action based upon analytical results and other information compiled by their sanctioned representatives and agencies.

NR 809.207 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (2) Register March 2016 No. 723, eff. 4-1-16.

NR 809.24 NR 809.24 Volatile organic contaminant maximum contaminant levels and BATS.

NR 809.24(1) (1) Applicability. The following maximum contaminant levels for volatile organic contaminants (VOC) apply to community water systems and non-transient, non-community water systems.

NR 809.24(2) (2) Best available treatment. The following are the BATs available for achieving compliance with the maximum contaminant level for the volatile organic chemicals listed in sub. (1):

NR 809.24(2)(a) (a) Central treatment using packed tower aeration.

NR 809.24(2)(b) (b) Central treatment using granular activated carbon, except for vinyl chloride and dichloromethane.

NR 809.24(3) (3) Alternative treatment. The department may approve the use of alternative treatment not listed in sub. (2), if a water supplier demonstrates to the department, using pilot studies or other means, that the alternative treatment is sufficient to achieve compliance with the MCLs in sub. (1).

NR 809.24 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.243 NR 809.243 Analytical requirements for volatile organic contaminants.

NR 809.243(1) (1) Detection limits. For the purposes of this section, detection is defined as >0.0005 mg/l, except for vinyl chloride for which detection is defined as >0.0002 mg/L.

NR 809.243(2) (2) Analytical methods. Analysis for the volatile organic contaminants listed in s. NR 809.24 shall be conducted using the methods prescribed in Table E.

Table E

SDWA Approved Methodology for Volatile
Organic Contaminants

1 Procedures for Methods 502.2, 524.2, and 551.1 are in Methods for the Determination of Organic Compounds in Drinking Water Supplement III, EPA/600/R-95-131, August 1995. These documents are available from the National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161. The toll free number is 1-800-553-6847.

2 EPA Method 524.3, Version 1.0. “Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry,” June 2009. EPA 815–B–09–009. Available at http://epa.gov/safewater/methods/analyticalmethods_ogwdw.html.

NR 809.243(3) (3) Sample collection. Samples shall be collected using containers, preservatives and holding times specified in s. NR 809.203 (4) Table D. In all cases, samples should be analyzed as soon after collection as possible.

NR 809.243(4) (4) Laboratory certification. Analyses under this section shall only be conducted by laboratories that have received certification under ch. NR 149 or have been approved by EPA.

NR 809.243(5) (5) Laboratory evaluation. Each certified laboratory shall determine the method detection limit (MDL) at which it is capable of detecting VOCs as defined in federal law under 40 CFR, Part 136, Appendix B. The maximum acceptable MDL is 0.0005 mg/L for all VOCs except vinyl chloride, which is 0.0002 mg/L.

NR 809.243 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1), (2) Table E footnotes, (5) Register March 2016 No. 723, eff. 4-1-16.