DAR File No. 32810

Environmental Quality, Drinking Water

R309-205

Monitoring and Water Quality: Source Monitoring Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 32810
Filed: 07/09/2009, 04:32
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change is to address the changes required by the Groundwater Requirements (Section R309-215-16). There are a total of seven amendments that address these rules (Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309-225). This rule adoption is necessary to maintain primacy. (DAR NOTE: The proposed amendment to Rule R309-100 is under DAR No. 32806, to Rule R309-105 is under DAR No. 32807, to Rule R309-110 is under DAR No. 32808, to Rule R309-205 is under DAR No. 32810, to Rule R309-215 is under DAR No. 32812, to Rule R309-220 is under DAR No. 32813, and to Rule R309-225 is under DAR No. 32814 all in this issue, August 1, 2009, of the Bulletin.)

Summary of the rule or change:

This change incorporates the requirements of the Groundwater Requirements (Section R309-215-16) that address the monitoring requirements for microbiological contaminants.

State statutory or constitutional authorization for this rule:

Section 19-4-104, and 40 CFR 141 subpart S

Anticipated cost or savings to:

the state budget:

Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309-225. The Environmental Protection Agency (EPA) estimates state costs to be $11,700,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $117,000.

local governments:

For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $50,600,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $506,000 annually.

small businesses and persons other than businesses:

Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above.

Compliance costs for affected persons:

Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above.

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

The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting 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 Water
150 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Rachael Cassady at the above address, by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov

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:

08/31/2009

This rule may become effective on:

09/07/2009

Authorized by:

Ken Bousfield, Director

R309. Environmental Quality, Drinking Water.

R309-205. Monitoring and Water Quality: Source Monitoring Requirements.

R309-205-1. Purpose.

The purpose of this rule is to outline the monitoring requirements for public water systems with regard to their water sources.

R309-205-2. Authority.

R309-205-3. Definitions.

R309-205-4. General.

R309-205-5. Inorganic Chemical Monitoring

(1) Monitoring Protocols and Compliance Determinations

(2) Asbestos Source Monitoring

(3) Inorganic and Metals Monitoring

(4) Nitrate Monitoring

(5) Nitrite Monitoring.

R309-205-6. Organic Monitoring.

(1) Pesticide/PCBs/SOCs

(2) Volatile Organic Contaminant Monitoring

R309-205-7. Radiological Chemical Monitoring.

R309-205-8. Turbidity Monitoring.

R309-205-9. Microbiological Contaminants.

 

R309-205-2. Authority.

This rule is promulgated by the Drinking Water Board as authorized by Title 19, Environmental Quality Code, Chapter 4, Safe Drinking Water Act, Subsection 104 of the Utah Code and in accordance with [63-46a]63G-3 of the same, known as the Administrative Rulemaking Act.

 

R309-205-9. Microbiological Contaminants.

(1) Sources may be required to monitor for microbioal contaminants elsewhere in these rules. For example see R309-215-16(1)(a)(ii) and R309-215-16(2).

 

KEY: drinking water, source monitoring, compliance determinations

Date of Enactment or Last Substantive Amendment: [September 13, 2005]2009

Notice of Continuation: May 16, 2005

Authorizing, and Implemented or Interpreted Law: 19-4-104; [63-46b-4]63G-4-202