The Department is adopting revisions to the U.S. Environmental Protection Agency’s Public Notification Rule relating to the Revised Total Coliform Rule published in the July 1, 2015 version of 40 C.F.R. 141, Subpart Q. The Department is also ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-560.400Scope of Drinking Water Public Notification Rules

62-560.410Public Notification - Primary Standards

62-560.430Public Notification - Secondary Standards

62-560.440Public Notification for Unregulated Contaminants

PURPOSE, EFFECT AND SUMMARY: The Department is adopting revisions to the U.S. Environmental Protection Agency’s Public Notification Rule relating to the Revised Total Coliform Rule published in the July 1, 2015 version of 40 C.F.R. 141, Subpart Q. The Department is also updating existing citations to incorporate the July 1, 2015 version of 40 C.F.R. 141, Subpart Q. The Department is also making minor updates to the incorporated federal public notification regulations to address U.S. EPA comments on Department rules and to incorporate federal requirements for public notification to new billing units by non-community water systems.

RULEMAKING AUTHORITY: 403.8055, 403.861(9) FS.

LAW IMPLEMENTED: 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, 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:

 

62-560.400 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 adopted and incorporated herein by reference:

(1) In the July 1, 2015 July 1, 2011, edition of 40 C.F.R. §141.202 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07215) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00882), 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, 2015 July 1, 2011, edition of 40 C.F.R. §141.202 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07215) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00882), 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, 2015 July 1, 2011, edition of 40 C.F.R. §141.203 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07220) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00883), 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, 2015 July 1, 2011, edition of 40 C.F.R. §141.203(b)(3) (http://www.flrules.org/Gateway/reference.asp?No=Ref-07218) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00884), 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, 2015 July 1, 2011, edition of 40 C.F.R. §141.211 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07227) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00885).

(6) The July 1, 2015 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.” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07229) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00886)

(7) The July 1, 2015 July 1, 2011, edition of Appendix B to Subpart Q of 40 C.F.R. Part 141, “Standard Health Effects Language for Public Notification.” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07230) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00887)

(8) The July 1, 2015, edition of Appendix C to Subpart Q of 40 C.F.R. Part 141, “List of Acronyms Used in Public Notification Regulation.” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07231)

Rulemaking 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, 12-30-11, __________.

 

62-560.410 Public Notification – Primary Standards.

(1) through (2) No change.

(3) Other Violations, Variances, or Exemptions. The owner or operator of a public water system that fails to perform monitoring required by Part V or Part VIII of Chapter 62-550, F.A.C., or is subject to a variance or an exemption granted under Part V of Chapter 62-560, F.A.C., shall provide a Tier 3 notice to all customers served by the system as follows:

(a) through (d) No change. 

(e) In addition to the requirements in paragraph 62-560.410(3)(d), violations of the monitoring and testing procedure requirements shall require a Tier 2 public notice, where the primacy agency determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation. (40 C.F.R. §141.203(a)(2) revised as of July 1, 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07228), is adopted and incorporated herein by reference).

(4) Notice to New Billing Units.

(a) The owner or operator of a community water system shall give a copy of the most recent public notice for every outstanding violation of a maximum contaminant level, maximum residual disinfectant level, treatment technique requirement, monitoring and reporting requirement, or variance or exemption schedule to all new billing units or new hookups prior to or at the time service begins.

(b) Non-community water systems must continuously post the public notice in conspicuous locations in order to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation persists. (40 C.F.R. §141.206(b) revised as of July 1, 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07223), is adopted and incorporated herein by reference).

(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 141, “Standard Health Effects Language for Public Notification,” July 1, 2015 July 1, 2011, 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.

(12) Notice by Department on behalf of the public water system.

(a) The Department may give the notice required by Chapters 62-550 and 62-560, F.A.C., on behalf of the owner and operator of the public water system if the Department complies with the applicable public notification requirements. (40 C.F.R. §141.210(a) revised as of July 1, 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07225), is adopted and incorporated herein by reference).

(b) The owner or operator of the public water system remains responsible for ensuring that the public notification requirements of Chapters 62-550 and 62-560, F.A.C., are met. (40 C.F.R. §141.210(b) revised as of July 1, 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07226), is adopted and incorporated herein by reference).

Rulemaking 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, 12-30-11, __________.

 

62-560.430 Public Notification – Secondary Standards.

(1) through (3) No change.

(4) Notice by Department on behalf of the public water system.

(a) The Department may give the notice required by Chapters 62-550 and 62-560, F.A.C., on behalf of the owner and operator of the public water system if the Department complies with the applicable public notification requirements. (40 C.F.R. §141.210(a) revised as of July 1, 2015, which is incorporated by reference in paragraph 62-560.410(12)(a), F.A.C.).

(b) The owner or operator of the public water system remains responsible for ensuring that the public notification requirements of Chapters 62-550 and 62-560, F.A.C., are met. (40 C.F.R. §141.210(b) revised as of July 1, 2015, which is incorporated by reference in paragraph 62-560.410(12)(b), F.A.C.). 

Rulemaking 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, 12-30-11, __________.

 

62-560.440 Public Notification for Unregulated Contaminants.

(1) No change. 

(2) The supplier of water shall notify persons served by the system of the availability of the sampling results by including a notice in the first set of water bills issued by the system after the receipt of the results or by written notice within three months of the receipt of the results. The notice must also identify a person and provide the telephone number to contact for information on the monitoring results. (The third sentence of 40 C.F.R. §141.207(b) revised as of July 1, 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07224), is adopted and incorporated herein by reference). The notice shall also contain the telephone number of the supplier of water or his designee who may provide additional information concerning the results.

(3) Notice by Department on behalf of the public water system.

(a) The Department may give the notice required by Chapters 62-550 and 62-560, F.A.C., on behalf of the owner and operator of the public water system if the Department complies with the applicable public notification requirements. (40 C.F.R. §141.210(a) revised as of July 1, 2015, which is incorporated by reference in paragraph 62-560.410(12)(a), F.A.C.).

(b) The owner or operator of the public water system remains responsible for ensuring that the public notification requirements of Chapters 62-550 and 62-560, F.A.C., are met. (40 C.F.R. §141.210(b) revised as of July 1, 2015, which is incorporated by reference in paragraph 62-560.410(12)(b), F.A.C.). 

Rulemaking 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, 12-30-11, __________.