DAR File No. 43386

Environmental Quality, Drinking Water

Section R309-220-4

General Public Notification Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 43386
Filed: 11/14/2018 11:11:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment adds in a reference to the Code of Federal Regulations.

Summary of the rule or change:

This amendment adds 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. This amendment creates no new requirements for local governments.

small businesses:

1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. This amendment creates 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. This amendment creates 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

This rule changes is not expected to have any fiscal impact on non-small businesses' revenues or expenditures, this minor change adds 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.

R309-220. Monitoring and Water Quality: Public Notification Requirements.

R309-220-4. General Public Notification Requirements.

(1) Violation Categories and Other Situations Requiring a Public Notice:

Each owner or operator of a public water system (community water systems, non-transient non-community water systems, and transient non-community water systems) must give notice for all violations of these rules and for other situations, as listed below. The term "UPDWR violations" is used in this subpart to include violations of the maximum contaminant level (MCL), maximum residual disinfection level (MRDL), treatment technique (TT), monitoring requirements, and testing procedures contained in R309-100 through R309-215.

(a) UPDWR Violations:

(i) Failure to comply with an applicable maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL).

(ii) Failure to comply with a prescribed treatment technique (TT).

(iii) Failure to perform water quality monitoring, as required by the drinking water regulations.

(iv) Failure to comply with testing procedures as prescribed by a drinking water regulation.

(b) Variance and Exemptions Under R309-10 and R309-11.

(i) Operation under a variance or an exemption.

(ii) Failure to comply with the requirements of any schedule that has been set under a variance or exemption.

(c) Special Public Notices

(i) Occurrence of a waterborne disease outbreak or other waterborne emergency.

(ii) Exceedance of the nitrate MCL by non-community water systems (NCWS), where granted permission by the Director under R309-200-5(1)(c), Table 200-1, note (4)(b).

(iii) Exceedance of the secondary maximum contaminant level (SMCL) for fluoride.

(iv) Availability of unregulated contaminant monitoring data.

(v) Other violations and situations determined by the Director to require a public notice under this subpart.

(2) Definition of Public Notice Tiers:

Public notice requirements are divided into three tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. The public notice requirements for each violation or situation listed in paragraph (1) of this section are determined by the tier to which it is assigned. Each tier is defined below:

(a) Tier 1 public notice -- required for UPDWR violations and situations with significant potential to have serious adverse effects on human health as a result of short-term exposure.

(b) Tier 2 public notice -- required for all other UPDWR violations and situations with potential to have serious adverse effects on human health.

(c) Tier 3 public notice -- required for all other UPDWR violations and situations not included in Tier 1 and Tier 2.

(3) Required Distribution of Notice

(a) Each public water system must provide public notice to persons served by the water system, in accordance with this rule. Public water systems that sell or otherwise provide drinking water to other public water systems (i.e., to consecutive systems) are required to give public notice to the owner or operator of the consecutive system; the consecutive system is responsible for providing public notice to the persons it serves.

(b) If a public water system has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the Director may allow the system to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. Permission by the Director for limiting distribution of the notice must be granted in writing.

(c) A copy of the notice must also be sent to the Director, in accordance with the requirements under R309-105-16.

(4) Utah Division of Drinking Water adopts 40 CFR, Part 141, Subpart Q, Appendix A and B as published on July 1, 2018.

 

KEY: drinking water, public notification, health effects

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