No. 29371 (Amendment): R309-200. Monitoring and Water Quality: Drinking Water Standards

DAR File No.: 29371
Filed: 12/26/2006, 01:08
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 federal Long Term 1 and 2 Surface Water Treatment rules (LT1 and LT2), the Stage 2 Disinfection Byproducts rule (Stage 2), and the Improvement Priority rule (IPS). There are a total of eight amendments that address these rules (Rules R309-105, R309-110, R309-200, R309-210, R309-215, R309-220, R309-225, and R309-150). This rule adoption is necessary to maintain primacy. (DAR NOTE: The proposed amendments are as follows: Rule R309-105 under DAR No. 29369, Rule R309-110 under DAR No. 29364, Rule R309-200 under DAR No. 29371, Rule R309-210 under DAR No. 29365, Rule R309-215 under DAR No. 29366, Rule R309-220 under DAR No. 29367, Rule R309-225 under DAR No. 29368, and Rule R309-150 (changed to R309-400) under DAR No. 29363 all in this issue, January 15, 2007, of the Bulletin.)

Summary of the rule or change:

This amendment makes changes to incorporate the transition from Stage 1 to Stage 2 disinfection byproducts compliance protocols and the addition of small surface water systems to lowered turbidity standards.

State statutory or constitutional authorization for this rule:

Section 19-4-104, and 40 CFR 141, subparts T, W, L, U, and V

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 R309-105, R309-110, R309-200, R309-210, R309-215, R309-220, R309-225, and R309-150. The Environmental Protection Agency (EPA) estimates state costs to be $9,260,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $92,600.

local governments:

For this rule change, aggregate costs will vary by water system size, sources utilized, and type of treatment. EPA estimates the total national annual cost at $143,407,000. Again using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $1,434,070 annually.

other persons:

Other persons that own and operate a public water system may have the same cost impact as listed under "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the cost to vary from $1 to $301 per household per year.

Compliance costs for affected persons:

Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, and type of treatment. EPA estimates the cost to vary from $1 to $301 per household per year. The highest costs are associated with the very small public water systems where there are very few connections to spread the cost of monitoring and treatment across. Persons that own and operate a public water system may have the same cost 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. Dianne R. Nielson, 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:

Patti Fauver at the above address, by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at [e-mail]

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:

02/14/2007

This rule may become effective on:

03/02/2007

Authorized by:

Ken Bousfield, Acting Director

RULE TEXT

R309. Environmental Quality, Drinking Water.

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

R309-200-2. 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 of[fo] the same, known as the Administrative Rulemaking Act.

 

R309-200-4. General.

(1) Maximum contaminant levels (MCLs) and treatment techniques are herein established for those routinely measurable substances which may be found in water supplies. "Primary" standards and treatment techniques are established for the protection of human health. "Secondary" regulations are established to provide guidance in evaluating the aesthetic qualities of drinking water.

(2) The applicable "Primary" standards and treatment techniques shall be met by all public drinking water systems. The "Secondary" standards are recommended levels which should be met in order to avoid consumer complaint.

(3) The methods used to determine compliance with these maximum contaminant levels and treatment techniques are given in R309-205 through R309-215. Analytical techniques which shall be followed in making the required determinations shall be as given in 40 CFR 141 as published on July 1, 2006[2004] by the Office of the Federal Register.

(4) Unless otherwise required by the Board, the effective dates on which new analytical methods shall be initiated are identical to the dates published in 40 CFR 141 on July 1, 2006[2004] by the Office of the Federal Register.

(5) If the water fails to meet these minimum standards, then certain public notification procedures shall be carried out, as outlined in R309-220. Water suppliers shall also keep analytical records in their possession, for a required length of time, as outlined in R309-105-17.

 

R309-200-5. Primary Drinking Water Standards.

(1) Inorganic Contaminants.

 

. . . . . . .

 

(3) Organic Contaminants.

The following are the maximum contaminant levels for organic chemicals. For the purposes of R309-100 through R309-R309-605, organic chemicals are divided into three categories: Pesticides/PCBs/SOCs, volatile organic contaminants (VOCs) and total trihalomethanes.

 

. . . . . . .

 

(c) Disinfection Byproducts and Disinfectant Residuals:

(i) Community and Non-transient non-community water systems. Surface Water systems serving 10,000 or more persons shall comply with this section beginning January 1, 2002. Surface water systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water shall comply with this section beginning January 1, 2004. [Community water systems utilizing only groundwater sources serving 10,000 persons or more shall monitor in accordance with R309-210-9 and meet the MCL listed in paragraph (vii) of this section until December 31, 2003.]

(A) Compliance with the disinfection byproduct MCLs listed in Table 200-4 shall be determined by the procedures listed in R309-210-8(6) until the date specified by system size listed in R309-210-10(1)(c) at which time compliance shall be determined utilizing LRAA as specified in R309-210-10(1)(d).

(ii) Transient non-community water systems. Surface water systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2002. Surface water systems serving fewer than 10,000 persons and using chlorine dioxide as a disinfectant or oxidant and systems using only ground water not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2004.

(iii) The maximum contaminant levels (MCLs) for disinfection byproducts are listed in Table 200-4.

 

TABLE 200-4
DISINFECTION BYPRODUCTS

DISINFECTION BYPRODUCT                  MCL (mg/L)

Total trihalomethanes (TTHM)              0.080

Haloacetic acids (five) (HAA5)            0.060

Bromate                                   0.010

Chlorite                                  1.0

 

(iv) The maximum residual disinfectant levels (MRDLs) are listed in Table 200-5.

 

TABLE 200-5
MAXIMUM RESIDUAL DISINFECTANT LEVELS

DISINFECTANT RESIDUAL         MRDL (mg/L)

Chlorine                      4.0 (as Cl2)

Chloramines                   4.0 (as Cl2)

Chlorine dioxide              0.8 (as ClO2)

 

(v) Control of Disinfectant Residuals. Notwithstanding the MRDLs listed in Table 200-5, systems may increase residual disinfectant levels in the distribution system of chlorine or chloramines (but not chlorine dioxide) to a level and for a time necessary to protect public health, to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm run-off events, source water contamination events, or cross-connection events.

(vi) A system that is installing GAC or membrane technology to comply with this section may apply to the Executive Secretary for an extension of up to 24 months past the dates in paragraph (c)(i) of this section, but not beyond December 31, 2003. In granting the extension, the Executive Secretary shall set a schedule for compliance and may specify any interim measures that the system shall take. Failure to meet the schedule or interim treatment requirements constitutes a violation of Utah Public Drinking Water Rules.[

(vii) Community water systems utilizing only groundwater sources serving 10,000 persons or more shall monitor in accordance with R309-210-9 and meet the following MCL until December 31, 2003.

(A) The running average of analyses of quenched TTHM samples for four consecutive calendar quarters shall not exceed 100 micrograms per liter.

(B) The single sample Total Trihalomethane Formation Potential (THMFP) shall not exceed 100 micrograms per liter. Approval is needed from the Executive Secretary to substitute this test for TTHM samples and may only be used for groundwater sources. Compliance for each source is based on measurement of this sample.]

 

. . . . . . .

 

(5) TURBIDITY

(a) All public[Large surface] water systems using surface water or ground water under the direct influence of surface water[serving 10,000 or more population] shall provide treatment consisting of both disinfection, as specified in R309-200-5(7)(a), and filtration treatment which complies with the requirements of paragraph (i), (ii) or (iii) of this section[ by January 1, 2002].

(i) Conventional filtration treatment or direct filtration.

(A) For systems using conventional filtration or direct filtration, the turbidity level of representative samples of a system's combined filtered effluent water shall be less than or equal to 0.3 NTU in at least 95 percent of the measurements taken each month, measured as specified in R309-200-4(3) and R309-215-9.

(B) The turbidity level of representative samples of a system's combined filtered effluent water shall at no time exceed 1 NTU, measured as specified in R309-200-4(3) and R309-215-9.

(C) A system that uses lime softening may acidify representative samples prior to analysis using a protocol approved by the Executive Secretary.

(ii) Filtration technologies other than conventional filtration treatment, direct filtration, slow sand filtration, or diatomaceous earth filtration. A public water system may use a filtration technology not listed in paragraph (i) or (iii) of this section if it demonstrates to the Executive Secretary, using pilot plant studies or other means, that the alternative filtration technology, in combination with disinfection treatment that meets the requirements of R309-200-7, consistently achieves 99.9 percent removal and/or inactivation of Giardia lamblia cysts and 99.99 percent removal and/or inactivation of viruses, and 99 percent removal of Cryptosporidium oocysts, and the Executive Secretary approves the use of the filtration technology. For each approval, the Executive Secretary will set turbidity performance requirements that the system shall meet at least 95 percent of the time and that the system may not exceed at any time at a level that consistently achieves 99.9 percent removal and/or inactivation of Giardia lamblia cysts, 99.99 percent removal and/or inactivation of viruses, and 99 percent removal of Cryptosporidium oocysts. The turbidity level of representative samples shall at no time exceed 5.0 NTU for any treatment technique, measured as specified in R309-215-9(1)(c) and (d)

(iii) The turbidity limit for slow sand filtration and diatomaceous earth filtration shall be less than or equal to 1.0 NTU in at least 95 percent of the measurements taken each month, measured as specified in R309-215-9(1)(c) and (d). For slow sand filtration only, if the Executive Secretary determines that the system is capable of achieving 99.9 percent removal and inactivation of Giardia lamblia cysts at some turbidity level higher than 1.0 NTU in at least 95 percent of the measurements, the Executive Secretary may substitute this higher turbidity limit for that system. The turbidity level of representative samples shall at no time exceed 5.0 NTU for any treatment technique, measured as specified in R309-215-9(1)(c) and (d).[

(b) Small surface water systems serving a population less than 10,000:

(i) The following turbidity limit applies to finished water from small surface water treatment facilities providing water to all public water systems whether community, non-transient non-community or non-community.

(ii) The limit for turbidity in drinking water from treatment facilities which utilize surface water sources or ground water sources under the direct influence of surface water is 0.5 NTU in at least 95 percent of the samples as required by R309-215-9(1)(c) for conventional complete treatment and direct filtration. If the Executive Secretary determines that the system is capable of achieving at least 99.9 percent removal and inactivation of Giardia lamblia cysts at some turbidity level higher than 0.5 NTU in at least 95 percent of the measurements, the Executive Secretary may substitute this higher turbidity limit for that system. However, in no case may the Executive Secretary approve a turbidity limit that allows more than 1.0 NTU in more than 5 percent of the samples taken each month, measured as specified in R309-215-9(1)(c) and (d).

(A) The turbidity limit for slow sand filtration and diatomaceous earth filtration shall be less than or equal to 1.0 NTU in at least 95 percent of the measurements taken each month, measured as specified in R309-215-9(1)(c) and (d). For slow sand filtration only, if the Executive Secretary determines that the system is capable of achieving 99.9 percent removal and inactivation of Giardia lamblia cysts at some turbidity level higher than 1.0 NTU in at least 95 percent of the measurements, the Executive Secretary may substitute this higher turbidity limit for that system.

(B) The turbidity level of representative samples shall at no time exceed 5.0 NTU for any treatment technique, measured as specified in R309-215-9(1)(c) and (d).

(C) The Executive Secretary may allow the higher turbidity limits for the above treatment techniques only if the supplier of water can demonstrate to the Executive Secretary's satisfaction that the higher turbidity does not do any of the following:

(I) Interfere with disinfection;

(II) Prevent maintenance of an effective disinfectant agent throughout the distribution system;

(III) Interfere with microbiological determinations; or

(IV) Interfere with a treatment technique's ability to achieve the required log removal/inactivation of pathogens or virus as required by R309-505-6(2)(a) and (b).]

(c) Ground water sources not under the direct influence of surface water:

(i) The following turbidity limit applies to community water systems only.

(ii) The limit for turbidity in drinking water from ground water sources not under the direct influence of surface sources is 5.0 NTU based on an average for two consecutive days pursuant to R309-205-8(3).

 

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R309-200-6. Secondary Drinking Water Standards for Community, Non-Transient Non-Community and Transient Non-Community Water.

The Secondary Maximum Contaminant Levels for public water systems deals with substances which affect the aesthetic quality of drinking water. They are presented here as recommended limits or ranges and are not grounds for rejection. The taste of water may be unpleasant and the usefulness of the water may be impaired if these standards are significantly exceeded.

 

TABLE 200-7 [200-5]
SECONDARY INORGANIC CONTAMINANTS

     Contaminant                  Level



     Aluminum                     0.05 to 0.2 mg/L

     Chloride                   250 mg/L

     Color                       15 Color Units

     Copper                       1 mg/L

     Corrosivity                  Non-corrosive

     Fluoride                     2.0 mg/L (see Note below)

     Foaming Agents               0.5 mg/L

     Iron                         0.3 mg/L

     Manganese                    0.05 mg/L

     Odor                         3 Threshold Odor Number

     pH                           6.5-8.5

     Silver                       0.1 mg/L

     Sulfate                    250 mg/L (see Note below)

     TDS                        500 mg/L (see Note below)

     Zinc                         5 mg/L



    Note:  Maximum allowable Fluoride, TDS and Sulfate levels 

are given in the Primary Drinking Water Standards, R309-200-5(1).

They are listed as secondary standards because levels in excess

of these recommended levels will likely cause consumer complaint.

 

R309-200-7. Treatment Techniques and Unregulated Contaminants.

(1) The Board has determined that the minimum level of treatment as described in R309-525 and R309-530 herein or its equivalent is required for surface water sources and ground water contaminated by surface sources.

(2) For all public water systems which use surface water or ground water under the direct influence of surface water[systems], R309-200, 215, 505, 510, 520, 525 and 530 establish or extend treatment technique requirements in lieu of maximum contaminant levels for the following contaminants: Giardia lamblia, viruses, heterotrophic plate count bacteria, Legionella, Cryptosporidium, and turbidity. The treatment technique requirements consist of installing and properly operating water treatment processes which reliably achieve:

(a) at least 99.9 percent (3-log) removal and/or inactivation of Giardia lamblia cysts between a point where the raw water is not subject to re-contamination by surface water runoff and a point downstream before or at the first customer;

(b) at least 99.99 percent (4-log) removal and/or inactivation of viruses between a point where the raw water is not subject to re-contamination by surface water runoff and a point downstream before or at the first customer.

(c) At least 99 percent (2-log) removal of Cryptosporidium between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer[. for filtered systems, or Cryptosporidium control under the watershed control plan for unfiltered systems].

(d) Compliance with the profiling and benchmark requirements under the provisions of R309-215-14.

(3) No MCLs are established herein for unregulated contaminants; viruses, protozoans and other chemical and biological substances. Some unregulated contaminants shall be monitored for in accordance with 40 CFR 141.40.

 

KEY: drinking water, quality standards, regulated contaminants

Date of Enactment or Last Substantive Amendment: March 6, 2007[September 13, 2005]

Notice of Continuation: May 16, 2005

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