The Department is adopting the U.S. Environmental Protection Agency’s Revisions to the Total Coliform Rule as published on February 13, 2013, in the Federal Register, Volume 78, Number 30, pages 10270 to 10365, and as corrected on February 26, 2014, ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-550.200Definitions for Public Water Systems

62-550.310Primary Drinking Water Standards: Maximum Contaminant Levels and Maximum Residual Disinfectant Levels

62-550.340Small System Compliance Technologies

62-550.500General Monitoring and Compliance Measurement Requirements for Contaminants and Disinfectant Residuals

62-550.518Microbiological Monitoring Requirements

62-550.540Monitoring of Consecutive Public Water Systems

62-550.550Certified Laboratories and Analytical Methods for Public Water Systems

62-550.817Additional Requirements for Subpart H Water Systems

62-550.821Disinfectant Residuals, Disinfection Byproducts (Stage 1), and Disinfection Byproduct Precursors

62-550.824Consumer Confidence Reports

62-550.828Ground Water Rule

62-550.830Revised Total Coliform Rule

PURPOSE, EFFECT AND SUMMARY: The Department is adopting the U.S. Environmental Protection Agency’s Revisions to the Total Coliform Rule as published on February 13, 2013, in the Federal Register, Volume 78, Number 30, pages 10270 to 10365, and as corrected on February 26, 2014, in the Federal Register, Volume 79, Number 38, pages 10665 to 10670. The Department also is updating rule references in Chapter 62-550, F.A.C.

RULEMAKING AUTHORITY: 403.8055, 403.853(3), 403.861(9) FS.

LAW IMPLEMENTED: 403.852(12), 403.853(1), (3), (4), (7), 403.859(1), 403.861(16), (17) FS.

THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION

403.8055, F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE TO: Jeffrey Lawson, Department of Environmental Protection, 2600 Blair Stone Road, MS 3520, Tallahassee, FL 32399-2400, [phone], [e-mail]

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-550.200 Definitions for Public Water Systems.

For the purpose of this chapter and Chapters 62-555 and 62-560, F.A.C., the following words, phrases, or terms shall have the following meaning:

(1) through (12) No change

(13) “CLEAN COMPLIANCE HISTORY” is, for the purposes of 40 C.F.R. Part 141, Subpart Y, which is incorporated by reference in Rule 62-550.830, F.A.C., a record of no MCL violations under 40 C.F.R. §141.63, as incorporated in subsection 62-550.310(5), F.A.C.; no monitoring violations under 40 C.F.R. §141.21, as incorporated in Rule 62-550.518, F.A.C., or 40 C.F.R. Part 141, Subpart Y; and no coliform treatment technique trigger exceedances or treatment technique violations under 40 C.F.R. Part 141, Subpart Y. (40 C.F.R. §141.2 (July 1, 2014))

(13) through (62) renumbered (14) through (63) No change.

(64) “LEVEL 1 ASSESSMENT” is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. It is conducted by the system operator or owner. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. (40 C.F.R. §141.2 (July 1, 2014))

(65) “LEVEL 2 ASSESSMENT” is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system (including the system’s monitoring and operational practices) than does a Level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. It is conducted by an individual approved by the State, which may include the system operator. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. The system must comply with any expedited actions or additional actions required by the State in the case of an E. coli MCL violation. (40 C.F.R. §141.2 (July 1, 2014))

(63) through (71) renumbered (66) through (74) No change.

(75)(72) “NEW SYSTEM” means, for the purposes of capacity development, community water systems or non-transient non-community water systems being newly constructed; systems which do not currently meet the definition of a public water system under Rule 62-550.200, subsection 62-550.200(70), F.A.C., but which expand their infrastructure and thereby grow to become community water systems or non-transient non-community water systems; and transient non-community systems that expand their infrastructure and thereby grow to become community water systems or non-transient non-community water systems. Systems not currently public water systems under Rule 62-550.200, subsection 62-550.200(70), F.A.C., or systems that are transient non-community systems, and that add additional users and thereby become community water systems or non-transient non-community water systems without constructing any additional infrastructure are not “new systems” for purposes of capacity development.

(73) through (87) renumbered (76) through (90) No change.

(91) “SANITARY DEFECT” is a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place. (40 C.F.R. §141.2 (July 1, 2014))

(88) through (89) renumbered (92) through (93) No change.

(94) “SEASONAL SYSTEM” is a non-community water system that is not operated as a public water system on a year-round basis and starts up and shuts down at the beginning and end of each operating season. (40 C.F.R. §141.2 (July 1, 2014))

(90) through (119) renumbered (95) through (124) No change.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853, 403.854, 403.8615, 403.862 FS. History–New 11-9-77, Amended 1-13-81, 11-19-87, Formerly 17-22.103, Amended 1-18-89, 5-7-90, 1-3-91, 1-1-93, Formerly 17-550.200, Amended 9-7-94, 12-9-96, 9-22-99, 8-1-00, 11-27-01, 4-3-03, 11-25-03, 10-14-04, 11-28-04, 1-17-05, 12-30-11, __________.

 

62-550.310 Primary Drinking Water Standards: Maximum Contaminant Levels and Maximum Residual Disinfectant Levels.

(These standards may also apply as ground water quality standards as referenced in Chapter 62-520, F.A.C.)

(1) through (4) No change.

(5) MICROBIOLOGICAL – This subsection applies to all public water systems. Until March 31, 2016, mMonitoring requirements to demonstrate compliance with this subsection are defined in Rule 62-550.518, F.A.C. Beginning April 1, 2016, monitoring requirements to demonstrate compliance with this subsection are defined in Rule 62-550.830, F.A.C.

(a) Until March 31, 2016, the total coliform MCL The maximum contaminant level is based on the presence or absence of total coliforms in a sample, rather than coliform density. (40 C.F.R. §141.63(a) (July 1, 2014)) For the purpose of the public notice requirements in Rule 62-560.410, F.A.C., a violation of the standards in this paragraph poses a non-acute risk to health.

1. through 2. No change.

(b) Until March 31, 2016, aAny fecal coliform-positive repeat sample or E. coli-positive repeat sample, or any total coliform-positive repeat sample following a fecal coliform-positive or E. coli-positive routine sample is a violation of the MCL maximum contaminant level for total coliforms. For the purposes of the public notification requirements in Rule 62-560.410, F.A.C., this is a violation that poses an acute risk to health. (40 C.F.R. §141.63(b) (July 1, 2014))

(c) Until March 31, 2016, a A public water system shall determine compliance with the MCL maximum contaminant level for total coliforms in paragraphs (a) and (b) of or this subsection for each month (or quarter for transient non-community water ssytems that use only ground water not under the direct influence of surface water and that serve 1,000 or fewer persons) in which it is required to monitor for total coliforms. (40 C.F.R. §141.63(d) (July 1, 2014))

(d) Beginning April 1, 2016, a system is in compliance with the MCL for E. coli for samples taken under the provisions of 40 C.F.R. Part 141, Subpart Y, which is incorporated by reference in Rule 62.550.830, F.A.C., unless any of the conditions identified in the following subparagraphs 1. through 4. occur. For purposes of the public notification requirements in 40 C.F.R. Part 141, Subpart Q, which is incorporated by reference in Rule 62-560.410, F.A.C., violation of the MCL may pose an acute risk to health. (40 C.F.R. §141.63(c) (July 1, 2014))

1. The system has an E. coli-positive repeat sample following a total coliform-positive routine sample. (40 C.F.R. §141.63(c)(1) (July 1, 2014))

2. The system has a total coliform-positive repeat sample following an E. coli-positive routine sample. (40 C.F.R. §141.63(c)(2) (July 1, 2014))

3. The system fails to take all required repeat samples following an E. coli-positive routine sample. (40 C.F.R. §141.63(c)(3) (July 1, 2014))

4. The system fails to test for E. coli when any repeat sample tests positive for total coliform. (40 C.F.R. §141.63(c)(4) (July 1, 2014))

(e) Beginning April 1, 2016, a public water system must determine compliance with the MCL for E. coli in paragraph 62-550.310(5)(b), F.A.C., for each month in which it is required to monitor for total coliforms. (40 C.F.R. §141.63(d) (July 1, 2014))

(6) No change.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.852(12), 403.853(1) FS. History–New 11-19-87, Formerly 17-22.210, Amended 1-18-89, 5-7-90, 1-3-91, 1-1-93, 1-26-93, 7-4-93, Formerly 17-550.310, Amended 9-7-94, 8-1-00, 11-27-01, 4-14-03, 4-25-03, 11-28-04, 12-30-11, 6-24-14, __________.

 

62-550.340 Small System Compliance Technologies.

(1) The United States Environmental Protection Agency (US EPA) has published a list of “Small System Compliance Technologies.” These technologies are suggested by US EPA as being affordable methods that systems serving from 25 to 10,000 persons should consider when searching for ways to deal with certain contaminants.

(a) through (b) No change.

(c) A list of small system compliance technologies for total coliforms and E. coli are identified in the July 1, 2014, edition of 40 C.F.R. §141.63(e) and (f) ([insert hyperlink to the Department of State webpage]), which is adopted and incorporated herein by reference.

(2) No change.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.852 (12), 403.853(1) FS. History–New 4-14-03, Amended 11-28-04, 12-30-11, __________.

 

62-550-500 General Monitoring and Compliance Measurement Requirements for Contaminants and Disinfectant Residuals.

These general requirements shall apply unless other monitoring or compliance measurement requirements are specified in Rules 62-550.511 through 62-550.540, F.A.C., Rule 62-550.821, F.A.C., or Rule 62-550.822, F.A.C., or Rule 62-550.830, F.A.C.

(1) through (11) No change.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(1), (3), 403.859(1), 403.861(16), (17) FS. History–New 11-19-87, Formerly 17-22.300, Amended 1-18-89, 5-7-90, 1-1-93, 1-26-93, 7-4-93, Formerly 17-550.500, Amended 9-7-94, 8-1-00, 11-27-01, 4-14-03, 11-28-04, 12-30-11, __________.

 

62-550.518 Microbiological Monitoring Requirements.

The provisions of subsections 62-550.518(1) through (6), F.A.C., pertaining to distribution system sampling or samples are applicable until March 31, 2016. The provisions of subsections 62-550.518(7) through (11), F.A.C., pertaining to distribution system sampling or samples are applicable until all required repeat monitoring under subsections 62-550.518(7) and (8), F.A.C., and fecal coliform or E. coli testing under subsection 62-550.518(10), F.A.C., that was initiated by a total coliform-positive sample taken before April 1, 2016, is completed, as well as analytical method, reporting, recordkeeping public notification, and consumer confidence report requirements associated with that monitoring and testing. Beginning April 1, 2016, the provisions of 40 C.F.R. Part 141, Subpart Y, which is incorporated by reference in Rule 62-550.830, F.A.C., are applicable, with systems required to begin regular monitoring at the same frequency as the system-specific frequency required on March 31, 2016. (40 C.F.R. §141.21(h) (July 1, 2014))

(1) through (11) No change.

Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 1-1-93, Amended 7-4-93, Formerly 17-550.518, Amended 9-7-94, 2-7-95, 8-1-00, 11-27-01, 4-3-03, 11-28-04, __________.

 

62-550.540 Monitoring of Consecutive Public Water Systems.

(1) Consecutive systems shall conduct asbestos monitoring in their distribution systems in accordance with Rule 62-550.511, F.A.C.; shall conduct microbiological monitoring in their distribution systems in accordance with Rules Rule 62-550.518 and 62-550.830, F.A.C.; shall comply with the lead and copper control requirements in Rule 62-550.800, F.A.C.; and shall conduct residual disinfectant monitoring at a remote point in their distribution systems in accordance with subsection 62-555.350(6), F.A.C., to verify that the minimum residual disinfectant concentration required by subsection 62-555.350(6), F.A.C., is being maintained throughout their distribution systems. In accordance with subparagraph 62-550.817(1)(b)2., F.A.C., consecutive systems that receive any finished water originating from a subpart H system shall comply with the distribution system residual disinfectant monitoring requirements in 40 CFR 141.74(c)(3) as adopted in subsection 62-550.817(2), F.A.C. Consecutive systems that add a chemical disinfectant to the water shall conduct residual disinfectant monitoring in accordance with subsection 62-550.514(1) and Rule 62-550.821, F.A.C., and shall conduct disinfection byproduct monitoring in accordance with subsection 62-550.514(2) and Rule 62-550.821, F.A.C.

(2) through (6) No change.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 11-19-87, Formerly 17-22.340, Amended 1-18-89, 1-1-93, Formerly 17-550.540, Amended 11-27-01, 10-14-04, 11-28-04, 12-30-11, __________.

 

62-550.550 Certified Laboratories and Analytical Methods for Public Water Systems.

(1) For the purpose of determining compliance with standards and monitoring requirements other than those mentioned in subsection (2) below, samples shall be considered acceptable only if they have been analyzed by a laboratory certified in drinking water by the Department of Health to perform such drinking water analyses with the exception that measurements for alkalinity, bromide, calcium, chlorite at entrances to distribution systems, orthophosphate, silica, specific ultraviolet absorbance, or total organic carbon may be performed by operators licensed under Chapter 62-602, F.A.C., or by persons under the direct supervision of a licensed operator, and measurements for conductivity, disinfectant residual, pH, temperature, or turbidity may be performed by operators licensed under Chapter 62-602, F.A.C., by persons under the direct supervision of a licensed operator, or by any authorized representative of the Department. Approved analytical methods shall be used and are contained in the July 1, 2014 2011, edition of 40 C.F.R. §§141.21, 141.23, 141.24, 141.25, 141.27, 141.74, 141.89, 141.131, 141.402, 141.704, 141.852, and 143.4 and Appendix A to 40 C.F.R. Part 141, Subpart C ([insert new hyperlink to Department of State webpage] http://www.flrules.org/Gateway/reference.asp?No=Ref-00898), all of which are incorporated herein by reference. Use of an alternative analytical technique requires written permission from the Department and the U.S. Environmental Protection Agency. The use of DPD colorimetric test kits to measure residual chlorine, chloramine, or chlorine dioxide concentration is approved.

(2) through (4) No change.

Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), 403.861(16), (17) FS. History–New 11-19-87, Formerly 17-22.350, Amended 1-18-89, 5-7-90, 1-3-91, 1-1-93, 1-26-93, Formerly 17-550.550, Amended 9-7-94, 2-7-95, 8-1-00, 11-27-01, 4-14-03, 11-28-04, 9-18-07, 12-30-11, __________.

 

62-550.817 Additional Requirements for Subpart H Surface Water Systems.

The requirements for subpart H systems in this section apply to all subpart H systems except where noted in this section and are in addition to the requirements applicable to all public water systems found elsewhere in Chapters 62-550, 62-555, and 62-560, F.A.C. Subparagraph 62-550.817(1)(b)2. and paragraphs 62-550.817(11)(e) and 62-550.817(13)(b), F.A.C., apply only to consecutive systems that receive any finished water originating from a subpart H system. In addition to the requirements of this section, the standards and criteria contained in the regulations adopted in subsections 62-550.817(1), (2), (3), and (4), F.A.C., are adopted by reference and enforceable under these rules. A subpart H system is considered to be in compliance with the requirements of this section if it meets all the requirements set forth in this section. A subpart H system is considered to be out of compliance with the requirements of this section if it does not meet all the requirements set forth in this section.

(1) No change.

(2) Filtration and Disinfection. In addition to the requirements of this chapter, the standards and criteria contained in the July 1, 2014 2011, edition of 40 C.F.R. §§141.13, 141.22, 141.70(a), 141.70(b)(2), 141.70(c), 141.70(d), 141.70(e), 141.71(b)(6), 141.72, 141.72(a), 141.72(b)(1), 141.72(b)(2), 141.72(b)(3)(i), 141.73, 141.74, and 141.75 ([insert new hyperlink to Department of State webpage] http://www.flrules.org/Gateway/Reference.asp?No=Ref-00903) are adopted by reference and enforceable under this rule. However, 40 C.F.R. §141.72(b)(3)(ii) is not adopted.

(a) through (b) No change.

(3) through (15) No change.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.852(12), 403.853(1), (3) FS. History–New 4-3-03, Amended 5-28-03, 11-25-03, 10-14-04, 1-17-05, 12-30-11, __________.

 

62-550.821 Disinfectant Residuals, Disinfection Byproducts (Stage 1), and Disinfection Byproduct Precursors.

The requirements contained in the July 1, 2014 2011, edition of 40 C.F.R. Part 141, Subpart L (Sections 141.130 through 141.135) ([insert new hyperlink to Department of State webpage] http://www.flrules.org/Gateway/reference.asp?No=Ref-00908), are adopted and incorporated herein by reference and are enforceable under this rule. The following are clarifications and additions to the requirements in 40 C.F.R. Part 141, Subpart L.

(1) through (17) No change.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.0877, 403.852(12), 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 11-27-01, Amended 11-28-04, 1-17-05, 12-30-11, __________.

 

62-550.824 Consumer Confidence Reports.

These rules are intended to implement the Primary and Secondary Drinking Water Regulations that require community water systems to prepare and provide to their customers annual consumer confidence reports (CCRs) on the quality of the water delivered by the systems. In addition to the requirements of this rule, the requirements contained in the following regulations are adopted and incorporated herein by reference and are enforceable under this rule: the July 1, 2014 2011, edition of 40 C.F.R. Part 141, Subpart O, Sections 151 through 155, except for 40 C.F.R. §141.153(h)(6)(ii), and Appendix A to 40 C.F.R. Part 141, Subpart O ([insert new hyperlink to Department of State webpage] http://www.flrules.org/Gateway/reference.asp?No=Ref-00911). 40 C.F.R. §141.153(h)(6)(ii) is not adopted or incorporated in this rule. Additional information may be obtained from the USEPA’s guidance manuals Preparing Your Drinking Water Consumer Confidence Report – Guidance for Water Suppliers, 2nd Revision: EPA 816-R-09-011, April 2010 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00912), and Revised State Implementation Guidance for the Consumer Confidence Report (CCR) Rule, Appendix E, EPA 816-R-09-010, April 2010 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00913), which are incorporated herein by reference.

(1) through (3) No change.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(3), (4), 403.861(9) FS. History–New 9-22-99, Amended 8-1-00, 11-27-01, 4-10-03, 12-30-11, __________.

 

62-550.828 Ground Water Rule.

(1) The requirements contained in the July 1, 2014 2011, edition of 40 C.F.R. Part 141, Subpart S (sections 141.400 through 141.405) ([insert new hyperlink to Department of State webpage] http://www.flrules.org/Gateway/Reference.asp?No=Ref-00914), are adopted and incorporated herein by reference and are enforceable under this rule, except the following regulations are not adopted or incorporated in this rule: 40 C.F.R. §§141.400(c)(5), 141.402(e)(2), 141.402(f), and 141.403(a)(7)(iii).

(2) No change.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.852(12), 403.853(1), (3), (4), (7), 403.861(16), (17) FS. History–New 12-30-11, Amended __________.

 

62-550.830 Revised Total Coliform Rule.

The requirements contained in the July 1, 2014, edition of 40 C.F.R. Part 141, Subpart Y (Sections 141.851 through 141.861) ([insert hyperlink to Department of State webpage]), are adopted and incorporated herein by reference and are enforceable under this rule, except as follows: 40 C.F.R. §§141.855(c) through (f) are not adopted or incorporated in this rule; and in 40 C.F.R. §141.857(d), the cross reference to paragraph (a) is corrected so it is a cross reference to paragraph (b).

Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New __________.