62-550.800: Control of Lead and Copper
PURPOSE, EFFECT AND SUMMARY: The Department is adopting the Short Term Rule Revisions to Title 40, Code of Federal Regulations Part 141, Subpart I-Control of Lead and Copper because it is a U.S. Environmental Protection Agency (EPA) primacy requirement for the Department’s public water system supervision program. These amendments will bolster the implementation of the Lead and Copper Rule for monitoring, treatment processes, public education, customer awareness, and lead service line replacement for public drinking water systems. Community water systems and non-transient, non-community water systems are required to optimize corrosion control treatment such that lead and copper concentrations at consumers’ taps are minimized while ensuring that the corrosion control treatment does not cause the violation of any national primary drinking water regulation. On October 10, 2007, EPA revised and clarified the federal lead and copper rule. The Department intends to adopt the Short Term Rule Revisions by reference with the addition of clarifications (in the federal rule the term “State” shall mean “Department”) and from 40 CFR 141.85 to disallow time extension to conduct public education requirements following a lead action level exceedance for community water systems and non-transient non-community water systems. The major changes in the federal Short Term Revisions Rule include clarification of the minimum number of lead and copper tap samples required and an alternative sampling schedule for systems collecting the minimum number of samples, clarification of the timing of actions following an action level exceedance including the timing of public education requirements and water quality parameter monitoring, modification of the requirements for systems on a reduced monitoring schedule to include meeting both the optimal water quality parameters and the lead and copper action levels, modification of the requirements for systems on a reduced monitoring schedule to include advance notification to the state of any long-term change in water treatment or the addition of a new source of water, requirement to notify occupants of homes and buildings participating in a system’s monitoring program of their tap sampling results, revision of public notification message content, modification of public notification delivery and timing, modification of Consumer Confidence Report requirements, and modification of the methodology used to deem lead service lines replaced through testing under lead service line replacement requirements.
SPECIFIC AUTHORITY: 403.8055, 403.861(9) FS.
LAW IMPLEMENTED: 403.853 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: Kenyon C. Carter, P.E., Department of Environmental Protection, Drinking Water Section, MS 3520, 2600 Blair Stone Road, Tallahassee, FL 32399-2400: telephone (850)245-8626, e-mail: Kenyon.C.Carter@dep.state.fl.us
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:
62-550.800 Control of Lead and Copper.
The requirements contained in the July 1, 2008 2000, edition of 40 CFR 141, subpart I (sections 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 CFR 141, subpart I (sections 80 through 91).
(1) The term “State” shall mean “Department.”
(2) The Department shall not allow the option in 40 CFR 141.85(b)(3)(iv) that allows an extension of the activities beyond the 60 day requirement stated in 40 CFR 141.85(b)(2).
(3) The Department shall not allow the option in 40 CFR 141.85(b)(5) that allows an extension of the activities beyond the 60 day requirement stated in 40 CFR 141.85(b)(4).
(4) To fulfill the noticing requirements in 40 CFR 141.90(f)(2)-(3), the Department hereby adopts and incorporates Form 62-555.900(16), PWS Certification of Notification of Lead and Copper Tap Sample Results, (effective date), and Form 62-555.900(17), Lead Public Education Program Report for PWSs, (effective date). These forms are available as described in Rule 62-555.900, F.A.C.
Rulemaking Specific Authority 403.8055, 403.861(9) FS. Law Implemented 403.853 FS. History–New 12-9-96, Amended 8-1-00, 11-27-01,________.