§ 141.903 - Compliance requirements.

§ 141.903 Compliance requirements.

(a) Compliance with MCLs for regulated PFAS in § 141.61(c) must be determined based on the analytical results obtained at each sampling point.

(b) For systems monitoring quarterly, compliance with the MCL is determined by the running annual average at each sampling point.

(c) If a system fails to collect the required number of samples specified in § 141.902, this is a monitoring violation as described in § 141.905(c), and compliance calculations must be based on the total number of samples collected.

(d) Systems monitoring triennially whose sample result equals or exceeds the trigger level of 2.0 ng/l for either PFOS or PFOA, 5 ng/l for HFPO-DA, PFHxS, or PFNA, or a Hazard Index of 0.5 for the Hazard Index PFAS, must begin quarterly sampling for all regulated PFAS in the next quarter at the sampling point. Systems monitoring annually whose sample result equals or exceeds the MCL of 4.0 ng/l for either PFOS or PFOA, 10 ng/l for HFPO-DA, PFHxS, or PFNA, or a Hazard Index of 1 for the Hazard Index PFAS, must begin quarterly sampling for all regulated PFAS in the next quarter at the sampling point.

(e) Except as provided in this paragraph (e), if a sample result exceeds an MCL, the system will not be considered in violation of the MCL until it has completed one year of quarterly sampling at the sampling point with the triggering sample used as the first quarter of monitoring for the running annual average calculation. However, whenever a sample result in any quarter (or quarterly average, if more than one compliance sample is available in a quarter because a confirmation sample was required by the State) causes the running annual average to exceed the MCL at a sampling point regardless of the subsequent quarterly monitoring results required to complete a full year of monitoring (e.g., the results from a single sample are more than 4 times the MCL), the system is out of compliance with the MCL immediately.

(f) Systems must calculate compliance using the following method to determine MCL compliance at each sampling point:

(1) For each PFAS regulated by an individual MCL:

(i) For systems monitoring quarterly, divide the sum of the measured quarterly concentrations for each analyte by the number of quarters samples were collected for that analyte during the consecutive quarters included in the calculation. If more than one compliance sample for that analyte is available in a quarter because a confirmation sample was required by the State, systems must average all the results in a quarter then average the quarterly averages. Rounding does not occur until the end of the calculation. If the running annual average exceeds the MCL, the system is not in compliance with the MCL requirements.

(ii) For systems monitoring annually, if the concentration measured is equal to or exceeds an MCL for regulated PFAS, the system is required to initiate quarterly monitoring for all regulated PFAS beginning in the next quarter at the sampling point, with the triggering sample result used as the first quarter of monitoring for the running annual average calculation.

(iii) For systems monitoring triennially, if the concentration measured is equal to or exceeds the trigger level, the system is required to initiate quarterly monitoring for all regulated PFAS beginning in the next quarter at the sampling point, with the triggering sample result used as the first quarter of monitoring for the running annual average calculation.

(iv) For the purpose of calculating MCL compliance, if a sample result is less than the practical quantitation level (PQL) for a regulated PFAS, in accordance with the following table, zero is used for that analyte solely to calculate the running annual average.

Table 1 to Paragraph (f)(1)(iv)—Practical Quantitation Levels (PQLs) for PFAS Contaminants

Contaminant	PQL (in parts per trillion)
HFPO-DA	5.0
PFBS	3.0
PFHxS	3.0
PFNA	4.0
PFOA	4.0
PFOS	4.0

(2) For each PFAS regulated under the Hazard Index MCL:

(i) For systems monitoring quarterly, divide the observed sample analytical result for each analyte included in the Hazard Index by the corresponding HBWC listed in § 141.61(c) to obtain a hazard quotient for each analyte for each sampling event at each sampling point. Sum the resulting hazard quotients together to determine the Hazard Index for the quarter. If the State requires a confirmation sample for an analyte in the quarter, systems must average these results for each analyte in that quarter and then determine the hazard quotient(s) from those average values, then sum the hazard quotients. Once the Hazard Indices for the individual quarters are calculated, they are averaged to determine a running annual average. If the running annual average Hazard Index exceeds the MCL and two or more Hazard Index analytes had an observed sample analytical result at or above the PQL in any of the quarterly samples collected to determine the running annual average, the system is in violation of the Hazard Index MCL. No rounding occurs until after the running annual average Hazard Index is calculated.

(ii) If the Hazard Index calculated using the results of an annual sample equals or exceeds the Hazard Index MCL, the system must initiate quarterly sampling for all regulated PFAS beginning in the next quarter at the sampling point, with the triggering sample result used as the first quarter of monitoring.

(iii) If the Hazard Index calculated using the results of a triennial sample equals or exceeds the Hazard Index trigger level, the system must initiate quarterly sampling for all regulated PFAS beginning in the next quarter at the sampling point, with the triggering sample result used as the first quarter of monitoring.

(iv) If a sample result is less than the practical quantitation level for a regulated PFAS, in accordance with the table 1 to paragraph (f)(1)(iv) of this section, zero is used for that analyte solely to calculate the running annual average.