§141.905 Violations.

(a) PFAS MCL violations, both for the individual PFOA, PFOS, HFPO-DA, PFHxS, and PFNA MCLs, as well as the Hazard Index MCL, as listed in §141.61(c), are based on a running annual average, as outlined under §141.903.

(b) Compliance with §141.61(c) must be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL.

(c) Each failure to monitor in accordance with the requirements under §141.902 is a monitoring violation.

(d) Failure to notify the State following a MCL violation and failure to submit monitoring data in accordance with the requirements of §§141.904 and §141.31 are reporting violations.

(e) Results for PFAS with individual MCLs as listed in §141.61(c) are compared to their respective MCLs, and results for mixtures of two or more of the Hazard Index PFAS (HFPO-DA, PFBS, PFHxS, and PFNA) are compared to the Hazard Index MCL as listed in §141.61(c). For determining compliance with the Hazard Index MCL, if only PFBS is reported at any concentration and no other regulated PFAS are in the mixture, it is not violation of the Hazard Index MCL. If only one of the other PFAS within the Hazard Index (HFPO-DA, PFHxS, and PFNA) is detected and the level of this PFAS exceeds its MCL as determined by §141.903(f)(1)(i), only an individual MCL violation is assessed for the individual PFAS detected, and it is not a violation of the Hazard Index MCL. Exceedances of the Hazard Index caused by two or more of the Hazard Index PFAS (HFPO-DA, PFBS, PFHxS, and PFNA) and exceedances of one or more individual MCLs can result in multiple MCL exceedances. However, in this instance, for purposes of public notification under appendix A to subpart Q of this part, a PWS must only report the Hazard Index MCL exceedance.

[89 FR 32750, Apr. 26, 2024]