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:

62-550.817Additional Requirements for Subpart H Water Systems

62-550.828Ground Water Rule

62-550.830Revised Total Coliform Rule

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.

RULEMAKING AUTHORITY: 403.8055, 403.853(3), 403.861(9) FS.

LAW IMPLEMENTED: 403.852(12), 403.853(1), (3), (4), (7), 403.861(16), (17) 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:

 

62-550.817 Additional Requirements for Subpart H Surface 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, F.A.C. Subparagraph 62-550.817(1)(b)2. and paragraphs 62-550.817(11)(e) and 62-550.817(13)(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), (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) through (13)No change.

(14) Public notification requirements for the Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), and the Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR). In addition to the requirements in Part IV of Chapter 62-560, F.A.C., the following public notification requirements are adopted by reference and enforceable under this rule:

(a) 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-00915), 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, 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-00917), 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, 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-00918).

(15)No change.

Rulemaking 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, 12-30-11, 7-7-15, __________.

 

62-550.828 Ground Water Rule.

(1) The requirements contained in the July 1, 2014, edition of 40 C.F.R. Part 141, Subpart S (Sections 141.400 through 141.405) (http://www.flrules.org/Gateway/Reference.asp?No=Ref-05591), 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). This subsection shall be effective on July 7, 2015.

(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, 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-00916), 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, 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-00919), 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 12-30-11, Amended 7-7-15, __________.

 

62-550.830 Revised Total Coliform Rule.

(1) The requirements contained in 40 C.F.R. Part 141, Subpart Y (Sections 141.851 through 141.861), revised as of July 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-05605),* are adopted and incorporated herein by reference and are enforceable under this rule, except 40 C.F.R. §§141.855(c) through (f) are not adopted or incorporated in this rule. This introductory text shall be effective on July 7, 2015.

(2) In addition to the public notification requirements in rules 62-560.400, 62-560.410, 62-560.430, and 62-560.440, F.A.C., the following public notification requirements are adopted and incorporated herein by reference and are enforceable under this rule:

(a) The Tier 1 public notice requirements in 40 C.F.R. §141.202, revised as of July 1, 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07215), pertaining to a violation of the MCL for E. coli as specified in Rule 62-550.310(5)(d), F.A.C. A system is in compliance with the MCL for E. coli for samples taken under the provisions of 40 C.F.R. Part 141, Subpart Y, which is incorporated by reference in Rule 62-550.830, F.A.C., unless any of the conditions specified in Rule 62-550.310(5)(d), F.A.C., occur.

(b) In the July 1, 2015, edition of 40 C.F.R. §141.203(b)(2) (http://www.flrules.org/Gateway/reference.asp?No=Ref-07217), the requirement that the Department shall not approve a repeat frequency of less often than every three months for an MCL or treatment technique violation under the Total Coliform Rule or Subpart Y of 40 C.F.R. Part 141 (which is incorporated by reference in subsection 62-550.830(1), F.A.C.).

(c) In the July 1, 2015, edition of 40 C.F.R. §141.204 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07221), the Tier 3 public notice requirements pertaining to reporting and recordkeeping violations under 40 C.F.R §141.861 (July 1, 2014), which is incorporated by reference in subsection 62-550.830(1), F.A.C.

Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 07-07-2015, Amended , __________.

 

*The U.S. Environmental Protection Agency has identified an error in 40 C.F.R. §141.857(d), where the correct cross reference should be to paragraph (b) instead of paragraph (a), and an error in 40 C.F.R. §141.858(a)(1), where the correct word after §§141.854 should be “through” instead of “though.”