The Department is adopting three U.S. Environmental Protection Agency (USEPA) drinking water rules – the Stage 2 Disinfectants and Disinfection Byproducts Rule, the Long Term 2 Enhanced Surface Water Treatment Rule, and the Ground Water Rule. Also, ...

 

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
62-560.430: Public Notification - Secondary Standards
62-560.440: Public Notification for Unregulated Contaminants
62-560.610: Best Available Technology for Achieving Compliance with a Maximum Contaminant Level or Maximum Residual Disinfectant Level

PURPOSE, EFFECT AND SUMMARY: The Department is adopting three U.S. Environmental Protection Agency (USEPA) drinking water rules – the Stage 2 Disinfectants and Disinfection Byproducts Rule, the Long Term 2 Enhanced Surface Water Treatment Rule, and the Ground Water Rule. Also, the Department is updating all of the dated USEPA regulation references in Chapter 62-560, F.A.C.

RULEMAKING AUTHORITY: 403.8055, 403.861(9) FS.
LAW IMPLEMENTED: 403.0877, 403.853, 403.857 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: Virginia Harmon, Department of Environmental Protection, 2600 Blair Stone Road, M.S. 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 ENVIRONMENTAL REGULATION COMMISSION, ADMINISTRATIVE ASSISTANT, DEP, MS 35, 3900 COMMONWEALTH BOULEVARD, TALLAHASSEE, FL 32399-3000. 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:

62-560.400 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, the following requirements and appendices are Appendix B to Subpart Q of 40 CFR 141, “Standard Health Effects Language for Public Notification,” July 1, 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.

(1) In the July 1, 2011, edition of 40 C.F.R. §141.202, the Tier 1 public notice requirements pertaining to violation of the Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), or Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit, where the primacy agency determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the system learns of the violation.

(2) In the July 1, 2011, edition of 40 C.F.R. §141.202, the Tier 1 public notice requirements pertaining to detection of E. coli, enterococci, or coliphage in source water samples required under 40 C.F.R. §§ 141.402(a) and 141.202(b) (July 1, 2011), which are incorporated by reference in subsection 62-550.828(1), F.A.C.

(3) In the July 1, 2011, edition of 40 C.F.R. §141.203, the Tier 2 public notice requirements pertaining to failure to take corrective action or failure to maintain at least 4-log treatment of viruses before or at the first customer under 40 C.F.R. §141.403(a) (July 1, 2011), which is incorporated by reference in subsection 62-550.828(1), F.A.C.

(4) In the July 1, 2011, edition of 40 C.F.R. §141.203(b)(3), the consultation requirements pertaining to violation of the SWTR, IESWTR, or LT1ESWTR treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.

(5) The July 1, 2011, edition of 40 C.F.R. §141.211.

(6) The July 1, 2011, edition of Appendix A to Subpart Q of 40 C.F.R. Part 141, “National Primary Drinking Water Regulation Violations and Other Situations Requiring Public Notice.”

(7) The July 1, 2011, edition of Appendix B to Subpart Q of 40 C.F.R. Part 141, “Standard Health Effects Language for Public Notification.”

Rulemaking Specific Authority 403.8055, 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. Part CFR 141, “Standard Health Effects Language for Public Notification,” (July 1, 2011 2002), which is incorporated by reference in Rule 62-560.400, F.A.C., and found in subparagraph 62-550.824(1)(c)5., F.A.C.

(7) through (11) No change.

Rulemaking Specific Authority 403.8055, 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, ________.

 

62-560.430 Public Notification – Secondary Standards.

(1) No change.

(2) The notice shall contain the standard language found in the July 1, 2011, edition of 40 C.F.R. CFR §141.208(c), July 1, 2003, adopted herein by reference.

(3) No change.

Rulemaking Specific Authority 403.8055, 403.861(9) FS. Law Implemented 403.857 FS. History–New 11-19-87, Formerly 17-22.915, Amended 1-18-89, 5-7-90, 5-23-91, 1-1-93, 7-4-93, Formerly 17-560.430, Amended 9-7-94, 11-27-01, 1-17-05, ________.

 

62-560.440 Public Notification for Unregulated Contaminants.

(1) The requirements of this section only apply to public water systems that are required to monitor for unregulated contaminants as prescribed in 40 C.F.R. CFR §141.40, (July 1, 2011 2003).

(2) No change.

Rulemaking Specific Authority 403.8055, 403.861(9) FS. Law Implemented 403.857 FS. History–New 1-18-89, Amended 1-1-93, Formerly 17-560.440, Amended 9-7-94, 1-17-05, ________.

 

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

(1) through (2) No change.

(3) The Administrator of the U.S. Environmental Protection Agency, pursuant to section 1412 of the Federal Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for bromate and chlorite identified in 40 C.F.R. §141.64(a) (which is incorporated in subparagraph 62-550.310(3)(a)1., F.A.C.):

DISINFECTION BYPRODUCT	BEST AVAILABLE TECHNOLOGY
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

(40 C.F.R. §141.64(a)(2) (July 1, 2011)) The technologies listed in Table 2 are Best Available Technology for achieving compliance with the maximum contaminant levels for disinfection byproducts listed in subsection 62-550.310(3), F.A.C.

(4) The Administrator of the U.S. Environmental Protection Agency, pursuant to section 1412 of the Federal Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) identified in 40 C.F.R. §141.64(b)(1)(i) (which is incorporated in sub-subparagraph 62-550.310(3)(b)1.a., F.A.C.):

DISINFECTION BYPRODUCT	BEST AVAILABLE TECHNOLOGY
TTHM and HAA5	Enhanced coagulation or enhanced softening or GAC10, with chlorine as the primary and residual disinfectant

(40 C.F.R. §141.64(b)(1)(ii) (July 1, 2011))

(5) The Administrator of the U.S. Environmental Protection Agency, pursuant to section 1412 of the Federal Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) identified in 40 C.F.R. §141.64(b)(2)(i) (which is incorporated in sub-subparagraph 62-550.310(3)(b)2.a., F.A.C.) for all systems that disinfect their source water:

DISINFECTION BYPRODUCT	BEST AVAILABLE TECHNOLOGY
TTHM and HAA5	Enhanced coagulation or enhanced softening, plus GAC10; or nanofiltration with a molecular weight cutoff 1000 Daltons; or GAC20

(40 C.F.R. §141.64(b)(2)(ii) (July 1, 2011))

(6) The Administrator of the U.S. Environmental Protection Agency, pursuant to section 1412 of the Federal Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) identified in 40 C.F.R. §141.64(b)(2)(i) (which is incorporated in sub-subparagraph 62-550.310(3)(b)2.a., F.A.C.) for consecutive systems and applies only to the disinfected water that consecutive systems buy or otherwise receive:

DISINFECTION BYPRODUCT	BEST AVAILABLE TECHNOLOGY
TTHM and HAA5	Systems serving 10,000: Improved distribution system and storage tank management to reduce residence time, plus the use of chloramines for disinfectant residual maintenance Systems serving < 10,000: Improved distribution system and storage tank management to reduce residence time

(40 C.F.R. §141.64(b)(2)(iii) (July 1, 2011))

(4) through (6) renumbered (7) through (9) No change.

Rulemaking Specific 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,________.

 

TABLE 2

BEST AVAILABLE TECHNOLOGY FOR DISINFECTION BYPRODUCTS

CONTAMINANT	BEST AVAILABLE TECHNOLOGY
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.