The Department is adopting the national Stage 2 Disinfectants and Disinfection Byproducts Rule (D/DBPR), including revisions to best available technology (BAT) for disinfection byproducts. Also, the Department is updating the State’s “Standard ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Rule No.: RULE TITLE
62-560.400: Scope of Drinking Water Public Notification Rules
62-560.410: Public Notification - Primary Standards
PURPOSE AND EFFECT: The Department is adopting the national Stage 2 Disinfectants and Disinfection Byproducts Rule (D/DBPR), including revisions to best available technology (BAT) for disinfection byproducts. Also, the Department is updating the State’s “Standard Health Effects Language for Public Notification,” so it is consistent with the national primary drinking water regulations.
SUMMARY: Rules 62-560.400 and 62-560.410, F.A.C., are being amended to reference the current edition of Appendix B to Subpart Q in Part 141 of Title 40 of the Code of Federal Regulations, “Standard Health Effects Language for Public Notification.” Table 2 in Chapter 62-560, F.A.C., is being amended to incorporate the Stage 2 D/DBPR BAT for compliance with the Stage 2 D/DBPR maximum contaminant levels for total trihalomethanes and haloacetic acids (five). There are a number of Department of Environmental Protection rules that reference these rules being amended. Rules 62-550.200, 62-550.310, 62-550.500, 62-550.512, 62-550.518, and 62-550.821, F.A.C., reference Rule 62-560.410, F.A.C., but the amendment to Rule 62-560.410, F.A.C., will have no effect on those rules.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Department has determined that these rule amendments will have no impact on public water systems, some of which are small businesses. The update to the health effects language referenced in Rules 62-560.400 and 62-560.410, F.A.C., will result only in different wording being required for public notices. The list of BAT in amended Table 2 is mainly for informational purposes; public water systems must use a BAT listed in Table 2 only if they wish to obtain a variance from a maximum contaminant level for disinfection byproducts.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.861(9) FS.
LAW IMPLEMENTED: 403.857 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 20, 2010, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Virginia Harmon at the above address, telephone, or email address. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Virginia Harmon at the above address, telephone, or email address

THE FULL TEXT OF THE PROPOSED RULE IS:

62-560.400 Scope of Drinking Water Public Notification Rules.

The following sections set forth the requirements that a supplier of water shall meet when public notification is required. In addition to the requirements described in this part, Appendix B to Subpart Q of 40 C.F.R. § 141, “Standard Health Effects Language for Public Notification,” July 1, 2009 2002, is adopted and incorporated herein by reference and is available from the Department of Environmental Protection, Drinking Water Section (MS 3520), 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

Rulemaking Specific Authority 403.861(9) FS. Law Implemented 403.857 FS. History–New 1-18-89, Amended 1-3-91, 1-1-93, Formerly 17-560.400, Amended 9-7-94, 11-27-01, 1-17-05,_______.

 

62-560.410 Public Notification – Primary Standards.

(1) through (5) No change.

(6) The supplier of water shall include in the notice the applicable language on potential adverse health effects for those contaminants and disinfectants found in Appendix B to Subpart Q of 40 C.F.R. § 141, “Standard Health Effects Language for Public Notification,” July 1, 2009 2002, and in subparagraph 62-550.824(1)(c)5., F.A.C.

(7) through (11) No change.

Rulemaking Specific Authority 403.861(9) FS. Law Implemented 403.857 FS. History–New 11-19-87, Formerly 17-22.910, Amended 1-18-89, 1-3-91, 1-1-93, 7-4-93, Formerly 17-560.410, Amended 9-7-94, 11-27-01, 1-17-05,_______.

 

TABLE 2: [insert the effective date of these rule amendments] BEST AVAILABLE TECHNOLOGY FOR DISINFECTION BYPRODUCTS REFERENCE SUBSECTION 62-560.610(3), F.A.C.
CONTAMINANT	BEST AVAILABLE TECHNOLOGY
Total Trihalomethanes and Haloacetic Acids (five)	For compliance with the Stage 1 MCLs and 40 C.F.R. § 141, subpart L, as incorporated into Rule 62-550.821, F.A.C.: Enhanced coagulation or enhanced softening or GAC10, with chlorine as the primary and residual disinfectant For compliance with the Stage 2 MCLs and 40 C.F.R. § 141, subpart V, as incorporated into Rule 62-550.822, F.A.C., by systems that disinfect their source water: Enhanced coagulation or enhanced softening, plus GAC10 Nanofiltration with a molecular weight cutoff less than or equal to 1,000 Daltons GAC20 For compliance with the Stage 2 MCLs and 40 C.F.R. § 141, subpart V, as incorporated into Rule 62-550.822, F.A.C., by consecutive systems (these technologies apply only to disinfected water that consecutive systems buy or otherwise receive): Systems serving 10,000 or more people: improved distribution system and storage tank management to reduce residence time, plus the use of chloramines for disinfectant residual maintenance Systems serving less than 10,000 people: improved distribution system and storage tank management to reduce residence time
Total Trihalomethanes	Enhanced coagulation with chlorine as the primary and residual disinfectant. Enhanced softening with chlorine as the primary and residual disinfectant. GAC 10 with chlorine as the primary and residual disinfectant.
Haloacetic acids (five)	Enhanced coagulation with chlorine as the primary and residual disinfectant. Enhanced softening with chlorine as the primary and residual disinfectant. GAC 10 with chlorine as the primary and residual disinfectant.
Bromate	Control of ozone treatment process to reduce production of bromate.
Chlorite	Control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet G. Llewellyn, Director, Division of Water Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mimi A. Drew, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 12, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 6, 2009