DAR File No. 32814

Environmental Quality, Drinking Water

R309-225

Monitoring and Water Quality: Consumer Confidence Reports

NOTICE OF PROPOSED RULE

DAR File No.: 32814
Filed: 07/09/2009, 04:34
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 Lead and Copper Short Term Revisions and the Groundwater Requirements (Section R309-215-16). There are a total of nine amendments that address these rules (Rules R309-100, R309-105, R309-110, R309-200, R309-205, R309-210, 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 R309-200 is under DAR No. 32809, to Rule R309-205 is under DAR No. 32810, to Rule R309-210 is under DAR No. 32811, 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 Lead and Copper Short Term Revisions and the Groundwater Requirements (Section R309-215-16) that address the consumer confidence report requirements.

State statutory or constitutional authorization for this rule:

Section 19-4-104, and 40 CFR 141 subpart S, and 40 CFR 141.80 through 141.90 and 141.154

Anticipated cost or savings to:

the state budget:

For the Groundwater Requirements (Section R309-215-16): 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, R309-200, R309-205, R309-210, 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. For the Lead and Copper Short Term Revisions: Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-210, R309-210, and R309-225. The Environmental Protection Agency (EPA) estimates state costs to be $657,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $6,570.

local governments:

For the Groundwater Requirements (Section R309-215-16): 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. For the Lead and Copper Short Term Revisions: 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 $5,677,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $56,770 annually.

small businesses and persons other than businesses:

For the Groundwater Requirements (Section R309-215-16): 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. For Lead and Copper Short Term Revisions: 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 to $17 per household per year. The highest costs are associated with water systems that do not already notify the public. 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 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.

R309-225. Monitoring and Water Quality: Consumer Confidence Reports.

R309-225-2. 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.

 

R309-225-5. Content of the Reports.

(1) Each community water system must provide to its customers an annual report that contains the information specified in this section and R309-225-6.

 

. . . . . . .

 

(8) Additional information.

(a) The report must contain a brief explanation regarding contaminants which may reasonably be expected to be found in drinking water including bottled water. This explanation may include the language of paragraphs (8)(a)(i) through (iii) or systems may use their own comparable language. The report also must include the language of paragraph (8)(a)(iv) of this section.

(i) The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

(ii) Contaminants that may be present in source water include:

(A) Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.

(B) Inorganic contaminants, such as salts and metals, which can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.

(C) Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.

(D) Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems.

(E) Radioactive contaminants, which can be naturally-occurring or be the result of oil and gas production and mining activities.

(iii) In order to ensure that tap water is safe to drink, EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. FDA regulations establish limits for contaminants in bottled water which must provide the same protection for public health.

(iv) Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's Safe Drinking Water Hotline (800-426-4791).

(b) The report must include the telephone number of the owner, operator, or designee of the community water system as a source of additional information concerning the report.

(c) In communities with a large proportion of non-English speaking residents, as determined by the Executive Secretary, the report must contain information in the appropriate language(s) regarding the importance of the report or contain a telephone number or address where such residents may contact the system to obtain a translated copy of the report or assistance in the appropriate language.

(d) The report must include information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water.

(e) The systems may include such additional information as they deem necessary for public education consistent with, and not detracting from, the purpose of the report.

(f) Systems required to comply with R309-215-16.

(i) Any ground water system that receives notice from the Executive Secretary of a significant deficiency or notice from a laboratory of a fecal indicator-positive ground water source sample that is not invalidated by the Executive Secretary under R309-215-16(2)(d) must inform its customers of any significant deficiency that is uncorrected at the time of the next report or of any fecal indicator-positive ground water source sample in the next report. The system must continue to inform the public annually until the Executive Secretary determines that particular significant deficiency is corrected or the fecal contamination in the ground water source is addressed under R309-215-16(3)(a). Each report must include the following elements.

(A) The nature of the particular significant deficiency or the source of the fecal contamination (if the source is known) and the date the significant deficiency was identified by the Executive Secretary or the dates of the fecal indicator-positive ground water source samples;

(B) If the fecal contamination in the ground water source has been addressed under R309-215-16(3)(a) and the date of such action;

(C) For each significant deficiency or fecal contamination in the ground water source that has not been addressed under R309-215-16(3)(a), the Executive Secretary-approved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed; and

(D) If the system receives notice of a fecal indicator-positive ground water source sample that is not invalidated by the Executive Secretary under R309-215-16(2)(d), the potential health effects using the health effects language of Appendix A of subpart O.

(ii) If directed by the Executive Secretary, a system with significant deficiencies that have been corrected before the next report is issued must inform its customers of the significant deficiency, how the deficiency was corrected, and the date of correction under paragraph (8)(f)(i) of this section.

 

R309-225-6. Required Additional Health Information.

(1) All reports must prominently display the following language:

Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791).

(2) A system which detects arsenic at levels above 5 micrograms per liter, but below the MCL:

(a) Must include in its report a short informational statement about arsenic, using language such as: While your drinking water meets EPA's standard for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the costs of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.

(b) May write its own educational statement, but only in consultation with the Executive Secretary.

(3) A system which detects nitrate at levels above 5 mg/L, but below the MCL:

(a) Must include a short informational statement about the impacts of nitrate on children using language such as: Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant you should ask advice from your health care provider.

(b) May write its own educational statement, but only in consultation with the Executive Secretary.

(4) Every report must include the following lead-specific information:

(a) A short informational statement about lead in drinking water and its effects on children. The statement must include the following information:

If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. {NAME OF UTILITY} is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.

(b) A system may write its own educational statement, but only in consultation with the Executive Secretary.[Systems which detect lead above the action level in more than 5 percent, and up to and including 10 percent, of homes sampled:

(a) Must include a short informational statement about the special impact of lead on children using language such as: Infants and young children are typically more vulnerable to lead in drinking water than the general population. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home's plumbing. If you are concerned about elevated lead levels in your home's water, you may wish to have your water tested and flush your tap for 30 seconds to 2 minutes before using tap water. Additional information is available from the Safe Drinking Water Hotline (800-426-4791).

(b) May write its own educational statement, but only in consultation with the Executive Secretary.]

(5) Community water systems that detect TTHM above 0.080 mg/L (milligrams per liter), but below the MCL in R309-200-5(3)(c), as an annual average, monitored and calculated under the provisions of R309-210-8, must include health effects language for TTHMs prescribed in R309-220-14.

(6) Beginning in the report due by July 1, 2002 and ending January 22, 2006, a community water system that detects arsenic above 0.01 milligrams per liter and up to and including 0.05 milligrams per liter must include the arsenic health effects language prescribed in R309-220-14.

 

R309-225-8. Major Sources of Contaminants in Drinking Water.

Microbiological Contaminants

(1) Total Coliform Bacteria - Naturally present in the environment.

(2) Fecal coliform and E. coli - Human and animal fecal waste.

(3) Fecal Indicators (enterococci or coliphage) - Human and animal fecal waste.

[(3)](4) Turbidity- Soil runoff.

[(4)](5) Total organic carbon - Naturally present in the environment.

Radioactive Contaminants

[(5)](6) Alpha emitters (pCi/l) - Erosion of natural deposits.

[(6)](7) Beta/photon emitters (mrem/yr) - Decay of natural and man-made deposits.

[(7)](8) Combined radium (pCi/l) - Erosion of natural deposits.

[(8)](9) Uranium (ug/l) - Erosion of natural deposits.

Inorganic Contaminants

[(9)](10) Antimony (ppb) - Discharge from petroleum refineries; fire retardants; ceramics; electronics; solder.

[(10)](11) Arsenic (ppb) - Erosion of natural deposits; Runoff from orchards; Runoff from glass and electronics production wastes.

[(11)](12) Asbestos (MFL) - Decay of asbestos cement water mains; Erosion of natural deposits.

[(12)](13) Barium (ppm) - Discharge of drilling wastes; Discharge from metal refineries; Erosion of natural deposits.

[(13)](14) Beryllium (ppb) - Discharge from metal refineries and coal-burning factories; Discharge from electrical, aerospace, and defense industries.

[(14)](15) Cadmium (ppb) - Corrosion of galvanized pipes; Erosion of natural deposits; Discharge from metal refineries; runoff from waste batteries and paints.

[(15)](16) Chromium (ppb) - Discharge from steel and pulp mills; Erosion of natural deposits.

[(16)](17) Copper (ppm) - Corrosion of household plumbing systems; Erosion of natural deposits; Leaching from wood preservatives.

[(17)](18) Cyanide (ppb) - Discharge from steel/metal factories; Discharge from plastic and fertilizer factories.

[(18)](19) Fluoride (ppm) - Erosion of natural deposits; Water additive which promotes strong teeth; Discharge from fertilizer and aluminum factories.

[(19)](20) Lead (ppb) - Corrosion of household plumbing systems; Erosion of natural deposits.

[(20)](21) Mercury (inorganic) (ppb) - Erosion of natural deposits; Discharge from refineries and factories; Runoff from landfills; Runoff from cropland.

[(21)](22) Nitrate (as Nitrogen) (ppm) - Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits.

[(22)](23) Nitrite (as Nitrogen) (ppm) - Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits.

[(23)](24) Selenium (ppb) - Discharge from petroleum and metal refineries; Erosion of natural deposits; Discharge from mines.

[(24)](25) Thallium (ppb) - Leaching from ore-processing sites; Discharge from electronics, glass, and drug factories. Synthetic Organic Contaminants including Pesticides and Herbicides

[(25)](26) 2,4-D (ppb) - Runoff from herbicide used on row crops.

[(26)](27) 2,4,5-TP (Silvex)(ppb) - Residue of banned herbicide.

[(27)](28) Acrylamide - Added to water during sewage/wastewater treatment.

[(28)](29) Alachlor (ppb) - Runoff from herbicide used on row crops.

[(29)](30) Atrazine (ppb) - Runoff from herbicide used on row crops.

[(30)](31) Benzo(a)pyrene (PAH) (nanograms/l) -Leaching from linings of water storage tanks and distribution lines.

[(31)](32) Carbofuran (ppb) - Leaching of soil fumigant used on rice and alfalfa.

[(32)](33) Chlordane (ppb) - Residue of banned termiticide.

[(33)](34) Dalapon (ppb) - Runoff from herbicide used on rights of way.

[(34)](35) Di(2-ethylhexyl) adipate (ppb) - Discharge from chemical factories.

[(35)](36) Di(2-ethylhexyl) phthalate (ppb) - Discharge from rubber and chemical factories.

[(36)](37) Dibromochloropropane (ppt) - Runoff/leaching from soil fumigant used on soybeans, cotton, pineapples, and orchards.

[(37)](38) Dinoseb (ppb) - Runoff from herbicide used on soybeans and vegetables.

[(38)](39) Diquat (ppb) - Runoff from herbicide use.

[(39)](40) Dioxin (2,3,7,8-TCDD) (ppq) - Emissions from waste incineration and other combustion; Discharge from chemical factories.

[(40)](41) Endothall (ppb) - Runoff from herbicide use.

[(41)](42) Endrin (ppb) - Residue of banned insecticide.

[(42)](43) Epichlorohydrin - Discharge from industrial chemical factories; An impurity of some water treatment chemicals.

[(43)](44) Ethylene dibromide (ppt) - Discharge from petroleum refineries.

[(44)](45) Glyphosate (ppb) - Runoff from herbicide use.

[(45)](46) Heptachlor (ppt) - Residue of banned pesticide.

[(46)](47) Heptachlor epoxide (ppt) - Breakdown of heptachlor.

[(47)](48) Hexachlorobenzene (ppb) - Discharge from metal refineries and agricultural chemical factories.

[(48)](49) Hexachlorocyclopentadiene (ppb) - Discharge from chemical factories.

[(49)](50) Lindane (ppt) - Runoff/leaching from insecticide used on cattle, lumber, gardens.

[(50)](51) Methoxychlor (ppb) - Runoff/leaching from insecticide used on fruits, vegetables, alfalfa, livestock.

[(51)](52) Oxamyl (Vydate)(ppb) - Runoff/leaching from insecticide used on apples, potatoes and tomatoes.

[(52)](53) PCBs (Polychlorinated biphenyls) (ppt) - Runoff from landfills; Discharge of waste chemicals.

[(53)](54) Pentachlorophenol (ppb) - Discharge from wood preserving factories.

[(54)](55) Picloram (ppb) - Herbicide runoff.

[(55)](56) Simazine (ppb) - Herbicide runoff.

[(56)](57) Toxaphene (ppb) - Runoff/leaching from insecticide used on cotton and cattle. Volatile Organic Contaminants

[(57)](58) Benzene (ppb) - Discharge from factories; Leaching from gas storage tanks and landfills.

[(58)](59) Bromate (ppb) - By-product of drinking water chlorination.

[(59)](60) Carbon tetrachloride (ppb) - Discharge from chemical plants and other industrial activities.

[(60)](61) Chloramines (ppm) - Water additive used to control microbes.

[(61)](62) Chlorine (ppm) - Water additive used to control microbes.

[(62)](63) Chlorite (ppm) - By-product of drinking water chlorination.

[(63)](64) Chlorine dioxide (ppb) - Water additive used to control microbes.

[(64)](65) Chlorobenzene (ppb) - Discharge from chemical and agricultural chemical factories.

[(65)](66) o-Dichlorobenzene (ppb) - Discharge from industrial chemical factories.

[(66)](67) p-Dichlorobenzene (ppb) - Discharge from industrial chemical factories.

[(67)](68) 1,2-Dichloroethane (ppb) - Discharge from industrial chemical factories.

[(68)](69) 1,1-Dichloroethylene (ppb) - Discharge from industrial chemical factories.

[(69)](70) cis-1,2-Dichloroethylene (ppb) - Discharge from industrial chemical factories.

[(70)](71) trans-1,2-Dichloroethylene (ppb) - Discharge from industrial chemical factories.

[(71)](72) Dichloromethane (ppb) - Discharge from pharmaceutical and chemical factories.

[(72)](73) 1,2-Dichloropropane (ppb) - Discharge from industrial chemical factories.

[(73)](74) Ethylbenzene (ppb) - Discharge from petroleum refineries.

[(74)](75) Haloacetic Acids (HAA) (ppb) - By-product of drinking water disinfection.

[(75)](76) Styrene (ppb)- Discharge from rubber and plastic factories; Leaching from landfills.

[(76)](77) Tetrachloroethylene (ppb) - Discharge from factories and dry cleaners.

[(77)](78) 1,2,4-Trichlorobenzene (ppb) - Discharge from textile-finishing factories.

[(78)](79) 1,1,1-Trichloroethane (ppb) - Discharge from metal degreasing sites and other factories.

[(79)](80) 1,1,2-Trichloroethane (ppb) - Discharge from industrial chemical factories.

[(80)](81) Trichloroethylene (ppb) - Discharge from metal degreasing sites and other factories.

[(81)](82) TTHMs (Total trihalomethanes)(ppb) - By-product of drinking water chlorination.

[(82)](83) Toluene (ppm) - Discharge from petroleum factories.

[(83)](84) Vinyl Chloride (ppb) - Leaching from PVC piping; Discharge from plastics factories.

[(84)](85) Xylenes (ppm) - Discharge from petroleum factories; Discharge from chemical factories.

 

KEY: drinking water, consumer confidence report, water quality

Date of Enactment or Last Substantive Amendment: [March 6, 2007]2009

Notice of Continuation: May 16, 2005

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