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:
62-550.200: Definitions for Public Water Systems
62-550.310: Primary Drinking Water Standards: Maximum Contaminant Levels and Maximum Residual Disinfectant Levels
62-550.340: Small System Compliance Technologies
62-550.500: General Monitoring and Compliance Measurement Requirements for Contaminants and Disinfectant Residuals
62-550.514: Disinfectant Residuals and Disinfection Byproducts Monitoring Requirements
62-550.540: Monitoring of Consecutive Public Water Systems
62-550.550: Certified Laboratories and Analytical Methods for Public Water Systems
62-550.720: Recordkeeping
62-550.730: Reporting Requirements for Public Water Systems
62-550.800: Control of Lead and Copper
62-550.817: Additional Requirements for Subpart H Surface Water Systems
62-550.821: Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors
62-550.822: Initial Distribution System Evaluations and Stage 2 Disinfection Byproducts Requirements
62-550.824: Consumer Confidence Reports
62-550.828: Ground Water Rule

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 62-550, F.A.C.

RULEMAKING AUTHORITY: 403.8055, 403.853(3), 403.861(9) FS.
LAW IMPLEMENTED: 403.0877, 403.852(12), (13), 403.853, 403.853(1), (3), (4), (7), 403.854, 403.859(1), 403.861(9), (16), (17), 403.8615, 403.862 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 RULES 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) “ACTION LEVEL” is the concentration of lead or copper in water specified in 40 C.F.R. §141.80(c) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., the Code of Federal Regulations, title 40, part 141, Section 80(c) (1995) (abbreviated as 40 C.F.R. part 141.80(c)) which determines, in some cases, the treatment requirements contained in 40 C.F.R. Part 141, Ssubpart I (July 1, 2011 1995), which is incorporated by reference in Rule 62-550.800, F.A.C., that a system is required to complete.

(2) through (4) No change.

(5) “BAG FILTERS” are pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to outside. (40 C.F.R. §141.2 (July 1, 2011))

(6) “BANK FILTRATION” is a water treatment process that uses a well to recover surface water that has naturally infiltrated into ground water through a river bed or bank(s). Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well(s). (40 C.F.R. §141.2 (July 1, 2011))

(5) through (7) renumbered (7) through (9) No change.

(10) “CARTRIDGE FILTERS” are pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside. (40 C.F.R. §141.2 (July 1, 2011))

(8) through (10) renumbered (11) through (13) No change.

(14) “COMBINED DISTRIBUTION SYSTEM” is the interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water. (40 C.F.R. §141.2 (July 1, 2011))

(11) through (14) renumbered (15) through (18) No change.

(19)(15) “COMPREHENSIVE PERFORMANCE EVALUATION (CPE)” is a thorough review and analysis of a treatment plant’s performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant’s capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. For purpose of compliance with Subparts P and T of 40 C.F.R. Part 141 (which are incorporated by reference in paragraphs 62-550.817(3)(a) and (b), F.A.C.), the comprehensive performance evaluation must consist of at least the following components: Assessment of plant performance, evaluation of major unit processes, identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report. (40 C.F.R. §141.2 (July 1, 2011)) “COMPREHENSIVE PERFORMANCE EVALUATION” means as defined in 40 CFR 141.2 (revised as of July 1, 2004).

(16) through (17) renumbered (20) through (21) No change.

(22)(18) “CONSECUTIVE SYSTEM” is a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems. (40 C.F.R. §141.2 (July 1, 2011)) “CONSECUTIVE SYSTEM” means a public water system that buys or otherwise receives some or all of its finished water from one or more other public water systems at least 60 days per year. A consecutive system is either a “community water system” or a “non-community water system.”

(19) through (22) renumbered (23) through (26) No change.

(27)(23) “CT” or “CTcalc” is the product of ‘‘residual disinfectant concentration’’ (C) in mg/L determined before or at the first customer, and the corresponding ‘‘disinfectant contact time’’ (T) in minutes, i.e., ‘‘C’’ x ‘‘T’’. If a public water system applies disinfectants at more than one point prior to the first customer, it must determine the CT of each disinfectant sequence before or at the first customer to determine the total percent inactivation or ‘‘total inactivation ratio.’’ In determining the total inactivation ratio, the public water system must determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s). ‘‘CT99.9’’ is the CT value required for 99.9 percent (3-log) inactivation of Giardia lamblia cysts. CT99.9 for a variety of disinfectants and conditions appear in Tables 1.1 – 1.6, 2.1, and 3.1 of 40 C.F.R. §141.74(b)(3) (which is incorporated by reference in subsection 62-550.817(2), F.A.C.). (CTcalc)/(CT99.9) is the inactivation ratio. The sum of the inactivation ratios, or total inactivation ratio shown as [(CTcalc)/(CT99.9)] is calculated by adding together the inactivation ratio for each disinfection sequence. A total inactivation ratio equal to or greater than 1.0 is assumed to provide a 3-log inactivation of Giardia lamblia cysts. (40 C.F.R. §141.2 (July 1, 2011)) “CT or CTCALC” means as defined in 40 CFR 141.2 (revised as of July 1, 2004).

(24) through (32) renumbered (28) through (36) No change.

(37) “DUAL SAMPLE SET” is a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample sets are collected for the purpose of conducting an IDSE under Subpart U of 40 C.F.R. Part 141 (which is incorporated by reference in Rule 62-550.822, F.A.C.) and for the purpose of determining compliance with the TTHM and HAA5 MCLs under Subpart V of 40 C.F.R. Part 141 (which is incorporated by reference in Rule 62-550.822, F.A.C.). (40 C.F.R. §141.2 (July 1, 2011))

(38)(33) “EFFECTIVE CORROSION INHIBITOR RESIDUAL,” for the purpose of 40 C.F.R. Part 141, Ssubpart I (July 1, 2011 1995) only, which is incorporated by reference in Rule 62-550.800, F.A.C., means a concentration sufficient to form a passivating film on the interior walls of a pipe.

(34) through (38) renumbered (39) through (43) No change.

(44) “FINISHED WATER” is water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except treatment as necessary to maintain water quality in the distribution system (e.g., booster disinfection or addition of corrosion control chemicals). (40 C.F.R. §141.2 (July 1, 2011))

(45)(39) “FIRST DRAW SAMPLE” means a one-liter sample of tap water, collected in accordance with 40 C.F.R. part §141.86(b)(2) (July 1, 2011 1995), which is incorporated by reference in Rule 62-550.800, F.A.C., that has been standing in plumbing pipes at least 6 hours and is collected without flushing the tap.

(40) renumbered (46) No change.

(47) “FLOWING STREAM” is a course of running water flowing in a definite channel. (40 C.F.R. §141.2 (July 1, 2011))

(48)(41) “GAC10” means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with 40 C.F.R. Part 141, Subpart V (Stage 2) MCLs under 40 C.F.R. §141.64(b)(2) (which is incorporated in sub-subparagraph 62-550.310(3)(b)2.a., F.A.C.), shall be 120 days. (40 C.F.R. §141.2 (July 1, 2011)) “GAC 10” means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days.

(49) “GAC20” means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days. (40 C.F.R. §141.2 (July 1, 2011))

(42) through (50) renumbered (50) through (58) No change.

(59) “LAKE/RESERVOIR” refers to a natural or man made basin or hollow on the Earth’s surface in which water collects or is stored that may or may not have a current or single direction of flow. (40 C.F.R. §141.2 (July 1, 2011))

(60)(51) “LARGE SYSTEM,” for the purpose of 40 C.F.R. Part 141, Ssubpart I (July 1, 2011 1995) only, which is incorporated by reference in Rule 62-550.800, F.A.C., means a water system that serves more than 50,000 people.

(52) through (54) renumbered (61) through (63) No change.

(64) “LOCATIONAL RUNNING ANNUAL AVERAGE” (LRAA) is the average of sample analytical results for samples taken at a particular monitoring location during the previous four calendar quarters. (40 C.F.R. §141.2 (July 1, 2011))

(55) through (58) renumbered (65) through (68) No change.

(69)(59) “MEDIUM SYSTEM,” for the purpose of 40 C.F.R. Part 141, Ssubpart I (July 1, 2011 1995) only, which is incorporated by reference in Rule 62-550.800, F.A.C., means a water system that serves greater than 3,300 and less than or equal to 50,000 people.

(70) “MEMBRANE FILTRATION” is a pressure or vacuum driven separation process in which particulate matter larger than 1 micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis. (40 C.F.R. §141.2 (July 1, 2011))

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

(75)(64) “OPTIMAL CORROSION CONTROL TREATMENT,” for the purpose of 40 C.F.R. Part 141, Ssubpart I (July 1, 2011 1995) only, which is incorporated by reference in Rule 62-550.800, F.A.C., means the corrosion control treatment that minimizes the lead and copper concentrations at users’ taps while ensuring that the treatment does not cause the system to violate any national primary drinking water regulations.

(65) through (66) renumbered (76) through (77) No change.

(78) “PLANT INTAKE” refers to the works or structures at the head of a conduit through which water is diverted from a source (e.g., river or lake) into the treatment plant. (40 C.F.R. §141.2 (July 1, 2011))

(67) through (69) renumbered (79) through (81) No change.

(82) “PRESEDIMENTATION” is a preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant. (40 C.F.R. §141.2 (July 1, 2011))

(70) through (77) renumbered (83) through (90) No change.

(91)(78) “SERVICE CONNECTION,” as used in the definition of “public water system,” does not include a connection to a system that delivers water by a constructed conveyance other than a pipe if: “SERVICE CONNECTION” means as defined in 40 CFR 141.2 (revised as of July 1, 2002).

(a) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses);

(b) The State determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or

(c) The State determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations. (40 C.F.R. §141.2 (July 1, 2011))

(92)(79) “SERVICE LINE SAMPLE” means a one-liter sample of water collected in accordance with 40 C.F.R. part §141.86(b)(3), (July 1, 2011 1995), which is incorporated by reference in Rule 62-550.800, F.A.C., that has been standing for at least 6 hours in a service line.

(80) through (81) renumbered (93) through (94) No change.

(95)(82) “SMALL SYSTEM,” for the purpose of 40 C.F.R. Part 141, Ssubpart I (July 1, 2011 1995) only, which is incorporated by reference in Rule 62-550.800, F.A.C., means a water system that serves 3,300 people or less.

(96)(83) “SOURCE WATER SAMPLE” for the purpose of 40 C.F.R. Part 141, Ssubpart I (July 1, 2011 1995) only, which is incorporated by reference in Rule 62-550.800, F.A.C., means a sample that is collected at an entry point to the distribution system and is representative of a source of supply after treatment.

(84) through (98) renumbered (97) through (111) No change.

(112) “TWO-STAGE LIME SOFTENING” is a process in which chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration. (40 C.F.R. §141.2 (July 1, 2011))

(113)(99) “UNCOVERED FINISHED WATER STORAGE FACILITY” is a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens except residual disinfection and is directly open to the atmosphere. (40 C.F.R. §141.2 (July 1, 2011)) “UNCOVERED FINISHED WATER STORAGE FACILITY” means a tank, reservoir, or other facility used to store water that will undergo no further treatment except residual disinfection and is open to the atmosphere.

(100) through (104) renumbered (114) through (118) No change.

(119)(105) “WHOLESALE SYSTEM” is a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems. (40 C.F.R. §141.2 (July 1, 2011)) “WHOLESALE SYSTEM” means a public water system that sells or otherwise delivers finished water to another public water system at least 60 days per year. A wholesale system that delivers water to a community water system is considered a community water system.

Rulemaking Specific 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, ________.

 

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) No change.

(2) DISINFECTANT RESIDUALS. – Except for the chlorine dioxide maximum residual disinfectant level, which applies to all public water systems using chlorine dioxide as a disinfectant or oxidant, this subsection applies only to community or non-transient non-community water systems adding a chemical disinfectant to the water in any part of the drinking water treatment process. Maximum residual disinfectant levels (MRDLs) are listed in Table 2, which is incorporated herein and appears at the end of this chapter.

(a) Maximum residual disinfectant levels (MRDLs) are as follows:

DISINFECTANT RESIDUAL	MRDL
Chlorine	4.0 mg/L (as Cl2)
Chloramines	4.0 mg/L (as Cl2).
Chlorine Dioxide	0.8 mg/L (as ClO2).

(40 C.F.R. § 141.65(a) (July 1, 2011))

(b) Compliance dates – community water systems and non-transient non-community water systems. (40 C.F.R. §141.65(b) (July 1, 2011))

1. Subpart H systems serving 10,000 or more persons must comply with paragraph (a) above beginning January 1, 2002. Subpart H systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with paragraph (a) above beginning January 1, 2004. (40 C.F.R. §141.65(b)(1) (July 1, 2011))

2. If you are a consecutive system that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, you must comply with analytical and monitoring requirements for chlorine and chloramines in 40 C.F.R. §141.131(c) and §141.132(c)(1) (which are incorporated by reference in subsection 62-550.550(1), F.A.C., and Rule 62-550.821, F.A.C.) and the compliance requirements in 40 C.F.R. §141.133(c)(1) (which is incorporated by reference in Rule 62-550.821, F.A.C.) beginning April 1, 2009, and report monitoring results under 40 C.F.R. §141.134(c) (which is incorporated by reference in Rule 62-550.821, F.A.C.). (40 C.F.R. §141.624 (July 1, 2011))

(c) Compliance dates – transient non-community water systems. Subpart H systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Subpart H systems serving fewer than 10,000 persons and using chlorine dioxide as a disinfectant or oxidant and systems using only ground water not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004. (40 C.F.R. §141.65(b)(2) (July 1, 2011))

(3) DISINFECTION BYPRODUCTS. – This subsection applies to all community or non-transient non-community water systems adding a chemical disinfectant to the water in any part of the drinking water treatment process. The Stage 1 maximum contaminant levels (MCLs) for disinfection byproducts are listed in Table 3, which is incorporated herein and appears at the end of this chapter.

(a) Bromate and chlorite. (40 C.F.R. §141.64(a) (July 1, 2011))

1. The maximum contaminant levels (MCLs) for bromate and chlorite are as follows:

DISINFECTION BYPRODUCT	MCL
Bromate	0.010 mg/L
Chlorite	1.0 mg/L

(40 C.F.R. §141.64(a) (July 1, 2011))

2. Compliance dates for community water systems and non-transient non-community water systems. Subpart H systems serving 10,000 or more persons must comply with subparagraph 1. above beginning January 1, 2002. Subpart H systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with subparagraph 1. above beginning January 1, 2004. (40 C.F.R. §141.64(a)(1) (July 1, 2011))

(b) Total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5). (40 C.F.R. §141.64(b) (July 1, 2011))

1. Subpart L (Stage 1) – running annual average compliance. (40 C.F.R. §141.64(b)(1) (July 1, 2011))

a. Compliance dates for community water systems and non-transient non-community water systems. Subpart H systems serving 10,000 or more persons must comply with this sub-subparagraph beginning January 1, 2002. Subpart H systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with this sub-subparagraph beginning January 1, 2004. All systems must comply with these maximum contaminant levels (MCLs) as a running annual average until the date specified for 40 C.F.R. Part 141, Subpart V (Stage 2), compliance in 40 C.F.R. §141.620(c) (which is incorporated by reference in Rule 62-550.822, F.A.C.).

DISINFECTION BYPRODUCT	MCL
TTHM	0.080 mg/L
HAA5	0.060 mg/L

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

b. The regulations in 40 C.F.R. Part 141, Subpart L (as incorporated in Rule 62-550.821, F.A.C.) establish criteria under which community water systems and non-transient non-community water systems that add a chemical disinfectant to the water in any part of the drinking water treatment process must modify their practices to meet MCLs in 40 C.F.R. §141.64 (which is incorporated in subsection 62-550.310(3), F.A.C.). (40 C.F.R. §141.130(a)(1) (July 1, 2011))

2. Subpart V (Stage 2) – locational running annual average (LRAA) compliance. (40 C.F.R. §141.64(b)(2) (July 1, 2011))

a. Compliance dates for community water systems and non-community water systems. The subpart V maximum contaminant levels (MCLs) for TTHM and HAA5 must be complied with as an LRAA at each monitoring location beginning the date specified for 40 C.F.R. part 141, subpart V, compliance in 40 C.F.R. §141.620(c) (which is incorporated by reference in Rule 62-550.822, F.A.C.).

DISINFECTION BYPRODUCT	MCL
TTHM	0.080 mg/L
HAA5	0.060 mg/L

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

b. The regulations in 40 C.F.R. Part 141, Subpart V (which is incorporated by reference in Rule 62-550.822, F.A.C.), establish monitoring and other requirements for achieving compliance with maximum contaminant levels based on LRAAs for TTHM and HAA5. You are subject to these requirements if your system is a community water system or a non-transient non-community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light. (40 C.F.R. §141.620(a) and (b) (July 1, 2011))

(4) through (6) No change.

Rulemaking Specific 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, ________.

 

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) A list of small systems compliance technologies for radionuclides and limitations on their use are contained in the July 1, 2011, 2003 edition of 40 C.F.R. CFR §141.66(h), which is adopted and incorporated herein by reference.

(b) A list of small system compliance technologies for arsenic and limitations on their use are contained in the July 1, 2011, 2003 edition of 40 C.F.R. CFR §141.62(d), which is adopted and incorporated herein by reference.

(2) No change.

Rulemaking Specific 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, ________.

 

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., or Rule 62-550.821, F.A.C. or Rule 62-550.822, F.A.C.

(1) through (11) No change.

Rulemaking Specific 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, ________.

 

62-550.514 Disinfectant Residuals and Disinfection Byproducts Monitoring Requirements.

(1) DISINFECTANT RESIDUALS.

(a) No change.

(b) If you are a consecutive system that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, you must comply with monitoring requirements for chlorine and chloramines in 40 C.F.R. §141.132(c)(1) (which is incorporated by reference in Rule 62-550.821, F.A.C.) beginning April 1, 2009. (40 C.F.R. §141.624 (July 1, 2011))

(c)(b) No change.

(2) DISINFECTION BYPRODUCTS.

(a) No change.

(b) The regulations in 40 C.F.R. Part 141, Subpart V (which is incorporated by reference in Rule 62-550.822, F.A.C.) establish monitoring requirements for achieving compliance with maximum contaminant levels based on locational running annual averages for total trihalomethanes and haloacetic acids (five). You are subject to these requirements if your system is a community water system or a non-transient non-community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light. (40 C.F.R. §141.620(a) and (b) (July 1, 2011))

Rulemaking Specific 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 17-550.514, Amended 2-7-95, 11-27-01, 11-28-04, ________.

 

62-550.540 Monitoring of Consecutive Public Water Systems.

(1) No change.

(2) If you are a consecutive system that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, you must comply with monitoring requirements for chlorine and chloramines in 40 C.F.R. §141.132(c)(1) (which is incorporated by reference in Rule 62-550.821, F.A.C.) beginning April 1, 2009. (40 C.F.R. §141.624 (July 1, 2011))

(3) The regulations in 40 C.F.R. Part 141, Subpart V (which is incorporated by reference in Rule 62-550.822, F.A.C.), establish monitoring requirements for achieving compliance with maximum contaminant levels based on locational running annual averages for total trihalomethanes and haloacetic acids (five). You are subject to these requirements if your system is a community water system or a non-transient non-community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light. (40 C.F.R. §141.620(a) and (b) (July 1, 2011))

(2) through (5) renumbered (4) through (7) No change.

Rulemaking Specific 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, ________.

 

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, 2011 2007, 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, and 143.4 and Appendix A to 40 C.F.R. Part 141, Subpart C, and in the Federal Register, Vol. 72, No. 47, March 12, 2007, pp. 11199 – 11249, Vol. 69, No. 30, February 13, 2004, pp. 7156-7161, and Vol. 69, No. 164, August 25, 2004, pp. 52177 – 52182, 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 Specific 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, ________.

 

62-550.720 Recordkeeping.

Suppliers of water shall retain on their premises, or at a convenient location near their premises, the following records:

(1) Records of microbiological analyses and turbidity analyses made pursuant to the chapter shall be kept for not less than 5 years (40 C.F.R. §141.33(a) (July 1, 2011)). Records of bacteriological analyses made under this chapter shall be kept for not less than 5 years. Records of other physical, chemical, or radiological analyses made under any portion of this chapter other than Rule 62-550.800, F.A.C., (including records of chemical analyses to determine compliance with maximum residual disinfectant levels) shall be kept for not less than 10 years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the information required in Rule 62-550.730, F.A.C., is included.

(2) through (6) No change.

(7) Copies of monitoring plans developed pursuant to this chapter shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under subsection (1) of this section, except as specified elsewhere in this chapter. (40 C.F.R. §141.33(f) (July 1, 2011))

Rulemaking Specific Authority 403.8055, 403.861(9) FS. Law Implemented 403.861(16) FS. History–New 11-19-87, Formerly 17-22.820, Amended 1-18-89, 1-1-93, 7-4-93, Formerly 17-550.720, Amended 11-27-01, 11-28-04, ________.

 

62-550.730 Reporting Requirements for Public Water Systems.

Suppliers of water and DOH-certified laboratories shall report as follows:

(1) through (2) No change.

(3) Additional Reporting Formats for Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors and Enhanced Coagulation or Enhanced Softening. See subsection 62-550.821(12), F.A.C., and Rule 62-550.822, F.A.C.

(4) Reporting Formats for the Control of Lead and Copper. Analytical results for samples taken pursuant to this chapter shall be reported in a format that includes all of the required information described below. If laboratory analysis reports are submitted without all of the required information as set forth below, the submittal will be rejected.

(a) Lead and Copper Tap Samples. The information submitted by the certified laboratory for the analysis of lead and copper tap samples shall include, at a minimum:

1. through 10. No change.

11. Specify whether the sample is part of the minimum number of samples selected under the July 1, 2000, edition of 40 C.F.R. CFR §141.86(c) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., or is an ADDITIONAL sample taken under the July 1, 2000, edition of 40 C.F.R. CFR §141.86(e) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C.

12. Specify the rank of the sample result for lead or copper and list results in ascending order in accordance with the July 1, 2000, edition of 40 C.F.R. CFR §141.80(c)(3)(i) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C.

13. through 18. No change.

(b) No change.

(c) Reporting Format for Water Quality Parameters. The results submitted by systems for the analysis of water quality parameters required under the July 1, 2000, edition of 40 C.F.R. CFR §141.87 (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., shall be reported in the following format:

1. Format Header.

a. through h. No change.

i. The number of sampling sites required under the July 1, 2000, edition of 40 C.F.R. CFR §141.87(a)(2) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C.

j. No change.

2. Format Table.

a. through b. No change.

c. The measured value of the water quality parameters and dosage rates required to be analyzed under the July 1, 2000, edition of 40 C.F.R. CFR §141.87 (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C.

Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.852(12), (13), 403.853(3), 403.861(16), (17) FS. History–New 11-19-87, Formerly 17-22.830, Amended 1-18-89, 1-3-91, 1-1-93, Formerly 17-550.730, Amended 9-7-94, 2-7-95, 12-9-96, 8-1-00, 11-27-01, 4-3-03, 11-28-04, 1-17-05, ________.

 

62-550.800 Control of Lead and Copper.

The requirements contained in the July 1, 2011 2008, edition of 40 C.F.R. Part CFR 141, Ssubpart I (Ssections 80 through 91), are adopted and incorporated herein by reference and are enforceable under this rule. The following are clarifications to the requirements in 40 C.F.R. Part CFR 141, Ssubpart I (Ssections 80 through 91).

(1) through (4) No change.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853 FS. History–New 12-9-96, Amended 8-1-00, 11-27-01, 10-1-10, ________.

 

62-550.817 Additional Requirements for Subpart H 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. Subparagraph 62-550.817(1)(b)2., and paragraphs 62-550.817(11)(e) 62-550.817(10)(e) and 62-550.817(13)(b) 62-550.817(12)(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), and (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) Scope of Requirements.

(a) These rules are intended to implement the National Primary Drinking Water Regulations related to the disinfection and filtration of surface water and ground water under the direct influence of surface water, and the recycle of fluids referenced in 40 C.F.R. CFR §141.76(a) (July 1, 2011 2002), which is incorporated by reference in subparagraph 62-550.817(1)(a)2., F.A.C., by subpart H systems that employ conventional filtration or direct filtration treatment.

1. No change.

2. Recycle provisions. In addition to the requirements of this chapter, the standards and criteria contained in the July 1, 2011 2002, edition of 40 C.F.R. CFR §141.76 are adopted by reference and enforceable under this rule.

(b) No change.

(2) Filtration and Disinfection. In addition to the requirements of this chapter, the standards and criteria contained in the July 1, 2011 2002, edition of 40 C.F.R. CFR §§ 141.13, 141.22, 141.70(a), 141.70(b)(2) (b)(2), 141.70(c) (c), 141.70(d) (d), 141.70(e) (e), 141.71(b)(6), 141.72, 141.72(a), 141.72(b)(1), 141.72(b)(2) (2), 141.72(b)(3)(i) (3)(i), 141.73, 141.74, and 141.75 are adopted by reference and enforceable under this rule. However, 40 C.F.R. CFR §141.72(b)(3)(ii) is not adopted.

(a) through (b) No change.

(3) Enhanced filtration and disinfection requirements.

(a) For subpart H systems serving 10,000 or more people.

1. In addition to the requirements of this chapter, the requirements contained in the July 1, 2011 edition of the Code of Federal Regulations, Title 40, Part 141, Subpart P, Sections 170 and 172 through 175, revised as of July 1, 2002, are adopted by reference and enforceable under this rule. 40 C.F.R. CFR §141.171 is not adopted under this rule.

2. No change.

(b) For subpart H systems serving fewer than 10,000 people. In addition to the requirements of this chapter, the requirements contained in the July 1, 2011, edition of the Code of Federal Regulations, Title 40, Part 141, Subpart T, Sections 141.500 through 141.501 501, 141.503 503, 141.510 510 through 141.511 511, 141.530 530, 141.532 532 through 141.536 536, 141.540 540 through 141.544 544, 141.550 550 through 141.553 553, 141.560 560 through 141.564 564, and 141.570 570 through 141.571 571, revised as of July 1, 2004, are adopted by reference and enforceable under this rule. 40 C.F.R. CFR §§ 141.502, 141.520 520 through 141.522, 522 and 141.531 531, and 40 C.F.R. CFR §142.16(j)(2)(i) are not adopted under this rule. The requirements adopted in this paragraph contained in the Code of Federal Regulations, Title 40, Part 141, Subpart T shall be effective starting January 1, 2005, except where otherwise noted.

(4) Enhanced Treatment for Cryptosporidium (Long Term 2 Enhanced Surface Water Treatment Rule). In addition to the requirements of this chapter, the requirements contained in the July 1, 2011, edition of the Code of Federal Regulations, Title 40, Part 141, Subpart W, Sections 141.700 through 141.723 are adopted by reference and enforceable under this rule, except the following regulations are not adopted under this rule: 40 C.F.R. §§ 141.700(b)(3), 141.701(a)(2), 141.701(a)(5), 141.701(a)(6), 141.701(d)(2), 141.703(b)(2), 141.712, 141.713(b), 141.713(e), 141.715(a)(2), 141.720(d)(2)(iii), and 141.721(d).

(4) through (8) renumbered (5) through (9) No change.

(10)(9) Approving Alternative Filtration Technologies Pursuant to 40 C.F.R. CFR §§ 142.16(g)(2)(iv) and 142.16(j)(2)(iv) (July 1, 2011 2002).

(a) through (c) No change.

(10) through (12) renumbered (11) through (13) No change.

(14)(13) Public notification requirements for the Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), of Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), and the Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) requirements. In addition to the requirements in Part IV of Chapter 62-560, F.A.C., the following public notification requirements contained in the revisions to Table 1 to 40 CFR 141.202, 40 CFR 141.203, Appendix A to 40 CFR 141 Subpart Q, and Appendix B to 40 CFR 141 Subpart Q on pages 1836-1838 of the January 14, 2002, Federal Register are adopted by reference and enforceable under this rule:.

(a) In the July 1, 2011, edition of 40 C.F.R. §141.202, the Tier 1 public notice requirements pertaining to violation of the SWTR, IESWTR, or 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.

(b) 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.

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

(15)(14) No change.

Rulemaking Specific 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, ________.

 

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

The requirements contained in the July 1, 2011 2003, edition of 40 C.F.R. Part CFR 141, Ssubpart L (Ssections 141.130 through 141.135), and the revisions to 40 CFR 141, subpart L, published on pages 3770 through 3780 of the January 16, 2001, Federal Register 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 CFR 141, Ssubpart L.

(1) through (17) No change.

Rulemaking Specific 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, ________.

 

62-550.822 Initial Distribution System Evaluations and Stage 2 Disinfection Byproducts Requirements.

The requirements contained in the July 1, 2011, edition of 40 C.F.R. Part 141, Subpart U (Sections 141.600 through 141.605), and 40 C.F.R. Part 141, Subpart V (Sections 141.620 through 141.629) are adopted and incorporated herein by reference and are enforceable under this rule, except 40 C.F.R. §141.623(d) is not adopted or incorporated in this rule.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.852(12), 403.853(1), (3), (7), 403.861(16), (17) FS. History–New ________.

 

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, 2011 2002, edition of 40 C.F.R. Part CFR 141, Subpart O, Ssections 151 through 155, except for 40 C.F.R. §141.153(h)(6)(ii), and Appendix A to 40 C.F.R. Part CFR 141, Subpart O; revisions to Subpart O on pages 70855 through 70857 of the November 27, 2002, Federal Register; and revisions to Subpart O on pages 73011-74047 of the December 9, 2002, Federal Register. 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 - Revised Guidance for Water Suppliers, 2nd Revision: EPA 816-R-09-011 EPA 816-R-01-003, April 2010 January 2001, and Revised State Implementation Guidance for the Consumer Confidence Report (CCR) Rule, Appendix F, EPA 816-R-09-010 EPA 816-R-01-002, April 2010 January 2001, which are incorporated herein by reference.

(1) through (3) No change.

Rulemaking Specific 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, ________.

 

62-550.828 Ground Water Rule.

(1) The requirements contained in the July 1, 2011, edition of 40 C.F.R. Part 141, Subpart S (Sections 141.400 through 141.405), 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) In addition to the public notification requirements in Part IV of Chapter 62-560, F.A.C., the following public notification requirements are adopted and incorporated herein by reference and are enforceable under this rule:

(a) 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 141.402(b) (July 1, 2011), which are incorporated by reference in subsection 62-550.828(1), F.A.C.

(b) 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.

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, ________.

TABLE 3

STAGE 1 MAXIMUM CONTAMINANT LEVELS FOR DISINFECTION BYPRODUCTS

FEDERAL CONTAMINANT ID NUMBER	CONTAMINANT	MCL (mg/L)
2950	Total Trihalomethanes (TTHM)	0.080
2456	Haloacetic Acids (Five) (HAA5)	0.060
1011	Bromate	0.010
1009	Chlorite	1.0

Abbreviations Used: MCL = maximum contaminant level;

mg/L = milligrams per liter.

TABLE 7: MONITORING FREQUENCIES AND LOCATIONS ([insert the effective date of these rule amendments])

See 40 C.F.R. Part 141, Subpart V, which is incorporated by reference in Rule 62-550.822, F.A.C., for Stage 2 disinfection byproducts monitoring frequencies and locations.

No change to the table, abbreviations used, or NOTES.

TABLE 8: INITIAL OR ROUTINE MONITORING SCHEDULE ([insert the effective date of these rule amendments])

REFERENCE SUBSECTION RULE 62-550.500(3), F.A.C.

Under initial or routine monitoring, public water systems shall take required samples during the time period specified below. See 40 C.F.R. Part 141, Subpart V, which is incorporated by reference in Rule 62-550.822, F.A.C., for the Stage 2 disinfection byproducts routine monitoring schedule.

No change to the table.