DAR File No. 40033

Environmental Quality, Drinking Water

Section R309-200-5

Primary Drinking Water Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 40033
Filed: 12/29/2015 01:57:24 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to adopt the revisions to the federal Total Coliform Rule as required by the federal regulations to maintain primary enforcement authority (primacy) for the rule.

Summary of the rule or change:

The Revised Total Coliform Rule (RTCR) requires changes to many of the Division's rules; therefore, the information and comments provided in this form will be applicable to the necessary changes to Rules R309-105, R309-110, R309-200, R309-210, R309-211, R309-215, R309-220, and R309-225 in aggregate. In this specific rule, R309-200, the changes made address updates to the maximum contaminant level evaluation. (DAR NOTE: The proposed amendment to Rule R309-105 is under DAR No. 40031, the proposed amendment to Rule R309-110 is under DAR No. 40032, the proposed amendment to Rule R309-200 is under DAR No. 40033, the proposed amendment to Rule R309-210 is under DAR No. 40034, the proposed new Rule R309-211 is under DAR No. 40035, the proposed amendment to Rule R309-215 is under DAR No. 40036, the proposed amendment to Rule R309-220 is under DAR No. 40037, and the proposed amendment to Rule R309-225 is under DAR No. 40038 in this issue, January 15, 2016, of the Bulletin.)

State statutory or constitutional authorization for this rule:

• Section 19-4-104

Anticipated cost or savings to:

the state budget:

Along with the final rule language, EPA presented the estimated increase in annual cost nationwide with the new requirements. They estimate nationwide there will be an increase of $30,000,000. With an implementation plan of monthly monitoring, it would be $30,000,000 nationwide. Utah is a 1% state. As such, the increase projected from the national estimate for Utah would be $300,000, respectively. The costs are estimated to be incurred 90% by public water systems and 10% by the state primacy programs; therefore, the estimated impact to the state budget based on EPA's cost analysis would be $30,000 per year. It is important to note this cost estimate also includes the cost of fixing sanitary defects (significant deficiencies) found in the system infra-structure which would be independently required to be fixed upon discovery during a sanitary survey.

local governments:

For local governments, the cost will not change. Base monitoring will stay the same, and for small communities, the follow-up monitoring requirements have been slightly reduced.

small businesses:

For small businesses that have their own public water system, there will be a cost impact. Base monitoring will switch from one sample per calendar quarter to one sample per month. For routine monitoring, the requirements will increase the samples from 4 per year to 12 per year. The increase in routine sample costs for just the laboratory analysis will be approximately $250 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs.

persons other than small businesses, businesses, or local governmental entities:

The rule will impact USFS campgrounds and kids camps. Base monitoring will switch from one sample per calendar quarter to one sample per month of operation. Most of these systems operate only part of the year (May through September). For routine monitoring, the requirements will increase the samples from two to three per year to one sample for each month of operation. The increase in routine sample costs for just the laboratory analysis will be approximately $100 to $150 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs.

Compliance costs for affected persons:

The rule impacts every public water system and every person in the state. It is unlikely the rule will independently impact the water rate structure of any community water system. The relatively small cost impact on transient and non-transient system (recreational type facilities and industrial type facilities) should not independently affect consumer costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Executive Director agrees with the fiscal impacts detailed above.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Drinking WaterRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Patti Fauver at the above address, by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at [email protected]
• Jennifer Yee at the above address, by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/16/2016

Interested persons may attend a public hearing regarding this rule:

• 01/20/2015 01:00 PM, MSOB, 195 N 1950 W, DEQ Board Room 1015, Salt Lake City, UT

This rule may become effective on:

02/23/2016

Authorized by:

Ken Bousfield, Director

R309. Environmental Quality, Drinking Water.

R309-200. Monitoring and Water Quality: Drinking Water Standards.

R309-200-5. Primary Drinking Water Standards.

(1) Inorganic Contaminants.

(a) The maximum contaminant levels (MCLs) for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, sodium, thallium and total dissolved solids are applicable to community and non-transient non-community water systems.

(b) The MCLs for nitrate, nitrite, and total nitrate, nitrite and sulfate are applicable to community, non-transient non-community, and transient non-community water systems.

 

. . . . . . .

 

(6) MICROBIOLOGICAL QUALITY

(a) The maximum contaminant level (MCL) for microbiological contaminants for all public water systems is:

[(i) For a system which collects less than 40 total coliform samples per month, no more than one sample per month may be total coliform-positive.

(ii) For a system which collects 40 or more total coliform samples per month, no more than 5.0 percent of the samples collected during a month may be total coliform-positive.

(b) Any fecal coliform-positive or Escherichia coliform (E. coli)-positive repeat sample or any total coliform-positive repeat sample following a fecal coliform positive or E. coli-positive routine sample constitutes a violation of the MCL for total coliforms. For the purposes of public notification requirements in R309-220-5 this is a violation that may pose an acute risk to health.

(c) For NTNC and transient non-community systems that are required to sample at a rate of less than one per month, compliance with paragraphs (a) or (b) of this subsection shall be determined for the month in which the sample was taken.]

(i) For a system that collects at least 40 samples per month, if no more than 5.0 percent of the samples collected during a month are total coliform-positive, the system is in compliance with the MCL for total coliforms.

(ii) For a system that collects fewer than 40 samples per month, if no more than one sample collected during a month is total coliform-positive, the system is in compliance with the MCL for total coliforms.

(b) A system is in compliance with the MCL for E. coli for samples taken under the provisions of R309-211 unless any of the conditions identified in paragraphs (b)(i) through (b)(iv) of this section occur. For purposes of the public notification requirements in R309-220, violation of the MCL may pose an acute risk to health.

(i) The system has an E. coli-positive repeat sample following a total coliform-positive routine sample.

(ii) The system has a total coliform-positive repeat sample following an E. coli-positive routine sample.

(iii) The system fails to take all required repeat samples following an E. coli-positive routine sample.

(iv) The system fails to test for E. coli when any repeat sample tests positive for total coliform.

(c) A public water system must determine compliance with the MCL for E. coli in paragraph (b) of this section for each month in which it is required to monitor for total coliforms.

(7) DISINFECTION

Continuous disinfection is recommended for all water sources. It shall be required of all ground water sources which do not consistently meet standards of bacteriologic quality. Surface water sources or ground water sources under direct influence of surface water shall be disinfected and continuously monitored for disinfection residual during the course of required conventional complete treatment for systems serving greater than 3,300 people. Disinfection shall not be considered a substitute for inadequate collection or filtration facilities.

Successful disinfection assures 99.9 percent inactivation of Giardia lamblia cysts and 99.99 percent inactivation of enteric viruses. Both filtration and disinfection are considered treatment techniques to protect against the potential adverse health effects of exposure to Giardia lamblia, viruses, Legionella, and heterotrophic bacteria in water. Minimum disinfection levels are set by "CT" values as defined in R309-110.

(a) Each public water system that provides filtration treatment shall provide disinfection treatment as follows:

(i) The disinfection treatment shall be sufficient to ensure that the total treatment processes of the system achieve at least 99.9 percent (3-log) inactivation and/or removal of Giardia lamblia cysts and at least 99.99 percent (4-log) inactivation and/or removal of viruses, as determined by the Director.

(ii) The residual disinfectant concentration in the water entering the distribution system cannot be less than 0.2 mg/L for more than 4 hours.

(iii) The residual disinfectant concentration in the distribution system, measured as combined chlorine or chlorine dioxide, cannot be undetectable in more than 5 percent of the samples each month, for any two consecutive months that the system serves water to the public. Water in the distribution system with a heterotrophic bacteria concentration less than or equal to 500/ml, measured as heterotrophic plate count (HPC) is deemed to have a detectable disinfectant residual for purposes of determining compliance with this requirement. Thus, the value "V" in the following formula cannot exceed 5 percent in one month, for any two consecutive months.

V = ((c + d + e) / (a + b)) x 100 where:

a = number of instances where the residual disinfectant concentration is measured;

b = number of instances where the residual disinfectant concentration is not measured but heterotrophic bacteria plate count (HPC) is measured;

c = number of instances where the residual disinfectant concentration is measured but not detected and no HPC is measured;

d = number of instances where no residual disinfectant concentration is detected and where HPC is greater than 500/ml;

e = number of instances where the residual disinfectant concentration is not measured and HPC is greater than 500/ml.

(b) If the Director determines, based on site-specific considerations, that a system has no means for having a sample transported and analyzed for HPC by a certified laboratory under the requisite time and temperature conditions specified in Heterotrophic Plate Count (Pour Plate Method) as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater, 1985, American Public Health Association et al. (Method 907A in the 16th edition) and that the system is providing adequate disinfection in the distribution system, the requirements of R309-200-5(7)(a)(iii) do not apply.

(c) If a system utilizes a combination of sources, some surface water influenced (requiring filtration and disinfection treatment) and others deemed ground water (not requiring any treatment, even disinfection), the Director may, based on site-specific considerations, allow sampling for residual disinfectant or HPC at locations other than those specified by total coliform monitoring required by [R309-210-5]R309-211.

 

KEY: drinking water, quality standards, regulated contaminants

Date of Enactment or Last Substantive Amendment: September 4, 2009

Notice of Continuation: March 13, 2015

Authorizing, and Implemented or Interpreted Law: 19-4-104