DAR File No. 43384

Environmental Quality, Drinking Water

Section R309-215-10

Residual Disinfectant

Notice of Proposed Rule

(Amendment)

DAR File No.: 43384
Filed: 11/14/2018 11:08:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These amendments add in missing federal rule language.

Summary of the rule or change:

These amendments add clarifying language to make the Utah rule as stringent as the code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA).

Statutory or constitutional authorization for this rule:

• Section 19-4-104

Anticipated cost or savings to:

the state budget:

1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee proposed rule amendment.

local governments:

1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. These amendments create no new requirements for local governments.

small businesses:

1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. These amendments create no new requirements for small businesses.

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

1. There is no expected direct fiscal impact for persons other than small businesses, businesses, or local government entities revenues or expenditures. 2. These amendments create no new requirements for persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule.

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

These rule changes are not expected to have any fiscal impact on businesses' revenues or expenditures, these minor changes add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which have been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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 pfauver@utah.gov
• Jennifer Yee at the above address, by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov
• 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:

01/02/2019

This rule may become effective on:

01/09/2019

Authorized by:

Alan Matheson, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures, these minor changes add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which has been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements.

 

The head of the Department of Environmental Quality, Alan Matheson, has reviewed and approved this fiscal analysis.

 

**"Non - small business" means a business employing 50 or more persons; "small business" means a business employing fewer than 50 persons.

 

 

R309. Environmental Quality, Drinking Water.

R309-215. Monitoring and Water Quality: Treatment Plant Monitoring Requirements.

R309-215-10. Residual Disinfectant.

Treatment plant management shall continuously monitor disinfectant residuals and report the following to the Division within ten days after the end of each month that the system serves water to the public, except as otherwise noted:

(1) For each day, the lowest measurement of residual disinfectant concentration in mg/L in water entering the distribution system, except that if there is a failure in the continuous monitoring equipment, grab sampling every 4 hours may be conducted in lieu of continuous monitoring, but for no more than 5 working days following the failure of the equipment. Systems serving 3,300 or fewer persons may take grab samples in lieu of providing continuous monitoring on an ongoing basis at the frequencies listed in Table 215.2 below:

 

TABLE 215-2

RESIDUAL GRAB SAMPLE FREQUENCY

     System size by population          Samples/day

     Less than 500                            1

     501 to 1,000                             2

     1,001 to 2,500                           3

     2,501 to 3,300                           4



     Note: The day's samples cannot be taken at the same time.

The sampling intervals are subject to Director's review and

approval.

 

(2) The date and duration of each period when the residual disinfectant concentration in water entering the distribution system fell below 0.2 mg/L and when the Division was notified of the occurrence. The system shall notify the Division as soon as possible, but no later than by the end of the next business day. The system also shall notify the Division by the end of the next business day whether or not the residual was restored to at least 0.2 mg/L within four hours.

(3) The following information on the samples taken in the distribution system in conjunction with total coliform monitoring pursuant to R309-211 and R309-210-8(3)(a)(i):

(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;

(f) for the current and previous month the system serves water to the public, the value of "V" in the formula, V = ((c+d+e)/(a+b)) x 100, where a = the value in sub-section (a) above, b = the value in sub-section (b) above, c = the value in sub-section (c) above, d = the value in sub-section (d) above, and e = the value in sub-section (e) above.

(4) The residual disinfectant concentration must be measured at least at the same points in the distribution system and at the same time as the total coliforms are sampled as specified in R309-211. The State may allow a public water system which uses both a surface water source or a ground water source under direct influence of surface water, and a ground water source, to take disinfectant residual samples at points other than the total coliform sampling points if the Director determines that such points are more representative of treated (disinfected) water quality within the distributions system. Heterotrophic bacteria, measured as heterotrophic plate count (HPC) as specified in paragraph R309-200-4(3), may be measured in lieu of residual disinfectant concentration.

 

KEY: drinking water, surface water treatment plant monitoring, disinfection monitoring, compliance determinations

Date of Enactment or Last Substantive Amendment: [May 1, 2016]2018

Notice of Continuation: March 13, 2015

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