No. 32809 (Amendment): R309-200. Monitoring and Water Quality: Drinking Water Standards

DAR File No.: 32809
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 Lead and Copper Short Term Revisions. There are a total of three amendments that address these rules (Rules R309-200, R309-210, and R309-225). This rule adoption is necessary to maintain primacy. (DAR NOTE: The proposed amendment to Rule R309-200 is under DAR No. 32809, to Rule R309-210 is under DAR No. 32811, 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 Rule Short Term Revisions that address how the 90th percentile lead and copper result will be determined for small systems.

State statutory or constitutional authorization for this rule:

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

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 R309-200, 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 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:

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 $17 per household per year. The highest costs are associated with the small 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.

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 [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:

08/31/2009

This rule may become effective on:

09/07/2009

Authorized by:

Ken Bousfield, 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 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, 2008[6] 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, 2008[6] 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.

(a) The maximum contaminant levels (MCLs) for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, sodium, thallium and total dissolved solids are applicable to community and non-transient non-community water systems.

(b) The MCLs for nitrate, nitrite, and total nitrate, nitrite and sulfate are applicable to community, non-transient non-community, and transient non-community water systems.

(c) The maximum contaminant levels for inorganic chemicals are listed in Table 200-1.

 

TABLE 200-1
PRIMARY INORGANIC CONTAMINANTS

     Contaminant                     Maximum Contaminant Level



      1.  Antimony                      0.006 mg/L

      2.  Arsenic                       0.010 mg/L

                                        (see Note 5 below)

      3.  Asbestos                      7 Million Fibers/liter

                                        (longer than 10 um)

      4.  Barium                        2 mg/L

      5.  Beryllium                     0.004 mg/L

      6.  Cadmium                       0.005 mg/L

      7.  Chromium                      0.1 mg/L

      8.  Cyanide (as free Cyanide)     0.2 mg/L

      9.  Fluoride                      4.0 mg/L

     10.  Mercury                       0.002 mg/L

     11.  Nickel                       --- (see Note 1 below)

     12.  Nitrate                      10 mg/l (as Nitrogen)

                                        (see Note 4 below)

     13. Nitrite                        1 mg/L (as Nitrogen)

     14. Total Nitrate and Nitrite     10 mg/L (as Nitrogen)

     15. Selenium                       0.05 mg/L

     16. Sodium                        --- (see Note 1 below)

     17. Sulfate                     1000 mg/L (see Note 2 below)

     18. Thallium                       0.002 mg/L

     19. Total Dissolved Solids      2000  mg/L (see Note 3 below)

     NOTE:

     (1)  No maximum contaminant level has been established for

nickel and sodium.  However, these contaminant shall be monitored

and reported in accordance with the requirements of R309-205-5(3).

     (2)  If the sulfate level of a public (community, NTNC and

non-community) water system is greater than 500 mg/L, the supplier

shall satisfactorily demonstrate that:

     (a)  No better quality water is available, and

     (b)  The water shall not be available for human consumption

from commercial establishments.

     In no case shall the Board allow the use of water having a

sulfate level greater than 1000 mg/L.

     (3)  If TDS is greater than 1000 mg/L, the supplier shall

satisfactorily demonstrate to the Board that no better water is

available.  The Board shall not allow the use of an inferior

source of water if a better source of water (i.e. lower in TDS)

is available.

     (4)  In the case of a non-community water systems which

exceed the MCL for nitrate, the Executive Secretary may allow,

on a case-by-case basis, a nitrate level not to exceed 20 mg/L if

the supplier can adequately demonstrate that:

     (a)  such water will not be available to children under 6

months of age as may be the case in hospitals, schools and day

care centers; and

     (b)  there will be continuous posting of the fact that nitrate

levels exceed 10 mg/L and the potential health effect of exposure in

accordance with R309-220-12; and

     (c)  the water is analyzed in conformance to R309-205-5(4); and

     (d)  that no adverse health effects will result.

     (5)  The maximum contaminant level for arsenic is 0.05 mg/L

until January 23, 2006.  The MCL of 0.010 mg/L is effective for the

purposes of compliance on January 23, 2006.

 

(2) Lead and copper.

(a) The lead action level is exceeded if the concentration of lead in more than 10 percent of tap water samples collected during any monitoring period conducted in accordance with R309-210-6(3) is greater than 0.015 mg/L (i.e., if the "90th percentile" lead level is greater than 0.015 mg/L).

(b) The copper action level is exceeded if the concentration of copper in more than 10 percent of tap water samples collected during any monitoring period conducted in accordance with R309-210-6(3) is greater than 1.3 mg/L (i.e., if the "90th percentile" copper level is greater than 1.3 mg/L).

(c) The 90th percentile lead and copper levels shall be computed as follows:

(i) The results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number 1 for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.

(ii) The number of samples taken during the monitoring period shall be multiplied by 0.9.

(iii) The contaminant concentration in the numbered sample yielded by the calculation in paragraph (c)(ii) above is the 90th percentile contaminant level.

(iv) For water systems serving fewer than 100 people that collect 5 samples per monitoring period, the 90th percentile is computed by taking the average of the highest and second highest concentrations.

(v) For a public water system that has been allowed by the Executive Secretary to collect fewer than five samples in accordance with R309-210-6(3)(c), the sample result with the highest concentration is considered the 90th percentile value.

(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.

 

. . . . . . .

 

KEY: drinking water, quality standards, regulated contaminants

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