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:

62-560.510Drinking Water Variance Request

62-560.520Drinking Water Exemption Request

62-560.610Best Available Technology for Achieving Compliance with a Maximum Contaminant Level or Maximum Residual Disinfectant Level

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 62-560, F.A.C.

RULEMAKING AUTHORITY: 403.8055, 403.861(9) FS.

LAW IMPLEMENTED: 403.0877, 403.853 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:

 

62-560.510 Drinking Water Variance Request.

(1) through (6) No change.

(7) A variance cannot be obtained from the following:

(a) No change.

(b) The total coliform and E. coli maximum contaminant levels level as specified in paragraphs paragraph 62-550.310(5)(b) and (d), F.A.C. (40 C.F.R. §141.4(a) (July 1, 2014));

(c) through (d) No change.

(8) No change.

Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), 403.854(1) FS. History–New 11-19-87, Formerly 17-22.745, Amended 1-18-89, 1-3-91, 1-1-93, Formerly 17-560.510, Amended 9-26-95, 11-27-01, 1-17-05, __________.

 

62-560.520 Drinking Water Exemption Request.

(1) through (4) No change.

(5) An exemption cannot be obtained from the following:

(a) No change.

(b) The total coliform and E. coli maximum contaminant levels level as specified in paragraphs paragraph 62-550.310(5)(b) and (d), F.A.C. (40 C.F.R. §141.4(a) (July 1, 2014));

(c) No change.

(6) No change.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(1), (3), 403.854(1), (2), (3) FS. History–New 11-19-87, Formerly 17-22.750, Amended 1-18-89, 1-1-93, Formerly 17-560.520, Amended 9-26-95, 11-27-01, 1-17-05, __________.

 

62-560.610 Best Available Technology for Achieving Compliance with a Maximum Contaminant Level or Maximum Residual Disinfectant Level.

(1) through (7) No change.

(8) Best Available Technology for achieving compliance with the maximum contaminant level for microbiological contaminants listed in subsection 62-550.310(5), F.A.C. includes the following:

(a) Protection of wells from fecal contamination by coliforms by appropriate placement and construction (40 C.F.R. §141.63(e)(1) (July 1, 2014));

(b) No change.

(c) Proper maintenance of the distribution system including appropriate pipe replacement and repair procedures, main flushing programs, proper operation and maintenance of storage tanks and reservoirs, cross-connection control, and continual maintenance of positive water pressure in all parts of the distribution system (40 C.F.R. §141.63(e)(3) (July 1, 2014));

(d) Filtration or disinfection of surface water or ground water under the direct influence of surface water, as described in 40 C.F.R. Part 141, Subparts H, P, T, and W, as incorporated in subsections 62-550.817(1), (2), (3), and (4), Part VI of Chapter 62-555, F.A.C., or disinfection of ground water, as described in 40 C.F.R. Part 141, Subpart S, as incorporated in Rule 62-550.828, F.A.C., not under the direct influence of surface water using strong oxidants such as chlorine, chlorine dioxide, or ozone (40 C.F.R. §141.63(e)(4) (July 1, 2014)); and

(e) For systems using ground water, compliance with the requirements The development and implementation of an Environmental Protection Agency-approved State Wellhead Protection Program developed and implemented under Section 1428 of the Federal Safe Drinking Water Act. (40 C.F.R. §141.63(e)(5) (July 1, 2014))

(9) No change.

Rulemaking Authority 403.8055, 403.861(9), FS. Law Implemented 403.0877, 403.853 FS. History–New 11-19-87, Formerly 17-22.510, Amended 1-18-89, 1-3-91, 1-1-93, 1-26-93, Formerly 17-560.610, Amended 11-27-01, 4-14-03, 12-30-11, __________.