9321232, 62-550.200 - Florida Administrative Rules, Law, Code, Register

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Notice: 9321232

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

DRINKING WATER STANDARDS, MONITORING, AND REPORTING

Overview

RULE:

62-550.200	Definitions for Public Water Systems
62-550.310	Primary Drinking Water Standards: Maximum Contaminant Levels and Maximum Residual Disinfectant Levels
62-550.500	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
62-550.821	Disinfectant Residuals, Disinfection Byproducts (Stage 1), and Disinfection Byproduct Precursors
62-550.822	Initial Distribution System Evaluations and Stage 2 Disinfection Byproducts Requirements
62-550.824	Consumer Confidence Reports

PURPOSE:

The Department is adopting the national Stage 2 Disinfectants and Disinfection Byproducts Rule (D/DBPR) with related State clarifications and additions, and the Department is updating the State’s public water system recordkeeping and Stage 1 D/DBPR requirements to incorporate changes that were made to the record maintenance and Stage 1 D/DBPR requirements in the national primary drinking water regulations and that were promulgated with the Stage 2 D/DBPR. Also, the Department is updating the State’s listing of analytical methods for primary or secondary contaminants and the State’s consumer confidence report (CCR) requirements so they are consistent with current national primary or secondary drinking water regulations.

SUMMARY:

Rule 62-550.200, F.A.C., is being amended to incorporate new or revised definitions from the Stage 2 D/DBPR and to make minor technical corrections. Rule 62-550.310, F.A.C., is being amended to expand the applicability of the Stage 1 D/DBPR maximum residual disinfectant levels (MRDLs) for chlorine and chloramines in accordance with the Stage 2 D/DBPR; to clarify that the Stage 1 D/DBPR maximum contaminant levels (MCLs) for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) apply until the date specified for compliance with the Stage 2 D/DBPR MCLs for TTHM and HAA5; to specify the water systems to which the Stage 2 D/DBPR TTHM and HAA5 MCLs apply; and to specify the effective dates for the Stage 2 D/DBPR TTHM and HAA5 MCLs. Rule 62-550.500, F.A.C., is being amended to clarify that the monitoring and compliance measurement requirements under the Stage 2 D/DBPR take precedence over the general monitoring and compliance measurement requirements in Rule 62-550.500, F.A.C., and to indicate that monitoring frequencies under the Stage 2 D/DBPR are specified in new Rule 62-550.822, F.A.C. Rule 62-550.514, F.A.C., is being amended to expand the applicability of the Stage 1 D/DBPR chlorine and chloramine monitoring requirements in accordance with the Stage 2 D/DBPR; to clarify that community or non-transient non-community water systems that add a chemical disinfectant to the water must monitor for TTHM and HAA5 under the Stage 1 D/DBPR until the date specified for compliance with the Stage 2 D/DBPR MCLs for TTHM and HAA5; and to specify that community or non-transient non-community water systems that add, or deliver water that has been treated with, a primary or residual disinfectant other than ultraviolet (UV) light must monitor for TTHM and HAA5 under the Stage 2 D/DBPR starting with the date specified for compliance with the Stage 2 D/DBPR MCLs for TTHM and HAA5. Rule 62-550.540, F.A.C., is being amended to clarify residual disinfectant monitoring requirements under the D/DBPRs for consecutive systems; to clarify disinfection byproduct (DBP) monitoring requirements under the D/DBPRs for consecutive systems; and to make minor technical changes. Rule 62-550.550, F.A.C., is being amended to specify who may perform, and appropriate procedures or methods for performing, residual disinfectant measurements to demonstrate that Stage 2 D/DBPR TTHM and HAA5 samples were taken under normal operating conditions. Rule 62-550.550, F.A.C., also is being amended to reference all analytical methods currently listed in the national primary or secondary drinking water regulations; to delete the sentence allowing use of alternative analytical techniques with written permission; and to clarify that the Department approves the use of the Industrial Test Systems free chlorine test strip for the determination of free chlorine. Rule 62-550.720, F.A.C., is being amended to incorporate revisions that the U.S. Environmental Protection Agency (USEPA) made to the record maintenance requirements in the national primary drinking water regulations and published with the Stage 2 D/DBPR. Rule 62-550.730, F.A.C., is being amended to reference the Stage 2 D/DBPR reporting format for DBPs (TTHM and HAA5) in new Rule 62-550.822, F.A.C., and to make minor technical corrections. Rule 62-550.821, F.A.C., is being revised to make a minor technical correction and to incorporate revisions that the USEPA made to the Stage 1 D/DBPR and published with the Stage 2 D/DBPR. The USEPA revisions to the Stage 1 D/DBPR include the following: updating of analytical requirements under the Stage 1 D/DBPR; addition of source water total organic carbon monitoring requirements for subpart H systems that are not using conventional filtration treatment and that wish to qualify for reduced TTHM and HAA5 monitoring under the Stage 1 D/DBPR; and revision of the criteria to qualify for reduced bromate monitoring under the Stage 1 D/DBPR. Rule 62-550.822, F.A.C., is being added to incorporate the Stage 2 D/DBPR requirements with State clarifications and additions. The Stage 2 D/DBPR requirements include the following: initial distribution system evaluation requirements included under 40 C.F.R. § 141 subpart U; and the Stage 2 D/DBPR compliance monitoring and other requirements included under 40 C.F.R. § 141 subpart V. Rule 62-550.824, F.A.C., is being amended to reference the current edition of subpart O–“CCRs”–and Appendix A to subpart O in 40 C.F.R. § 141. Table 3 is being amended to incorporate the Stage 2 D/DBPR MCLs for TTHM and HAA5. Tables 7 and 8 are being amended to incorporate Stage 2 D/DBPR monitoring requirements and to make minor technical corrections. There are a number of Department rules that reference these rules being amended. Rules 62-555.320, 62-555.360, 62-555.401, and 62-560.410, F.A.C., reference Rule 62-550.200, F.A.C., but the amendment to Rule 62-550.200, F.A.C., will have no effect on those rules. Rules 62-520.420, 62-528.425, 62-560.610, and 62-560.620, F.A.C. refer to the disinfection byproduct maximum contaminant levels that are being revised under Rule 62-550.310, F.A.C. Also, Rules 62-555.325, 62-560.410, 62-560.510, 62-560.520, 62-560.545, and 62-560.610, F.A.C., reference Rule 62-550.310, F.A.C., but the amendment to Rule 62-550.310, F.A.C. will have no effect on those rules. Rules 62-555.320 and 62-560.546, F.A.C., reference Rule 62-550.500, F.A.C., but the amendment to Rule 62-550.500, F.A.C., will have no effect on those rules. Rules 62-555.315, 62-555.325, 62-555.340, 62-555.350, and 62-555.530, F.A.C., refer to the list of referenced analytical methods that is being amended under Rule 62-550.550, F.A.C. Also, Rule 62-699.311, F.A.C., references Rule 62-550.550, F.A.C., but the amendment to Rule 62-550.550, F.A.C., will have no effect on that rule. Rule 62-555.350, F.A.C., references Rule 62-550.720, but the amendment to Rule 62-550.720, F.A.C., will have no effect on that rule. Rules 62-555.350, 62-560.410, and 62-560.530, F.A.C., reference Rule 62-550.730, F.A.C., but the amendment to Rule 62-550.730, F.A.C., will have no effect on those rules. Rule 62-560.410, F.A.C., references Rule 62-550.821, F.A.C., but the amendment to Rule 62-550.821, F.A.C., will have no effect on that rule. Rule 62-560.410, F.A.C., references Rule 62-550.824, F.A.C., but the amendment to Rule 62-550.824 will have no effect on that rule. Many Department rules reference the primary or secondary drinking water standards or just the water quality standards contained in Chapter 62-550. However, these rule amendments do not change any numerical standard. Therefore the following rules are not affected by this rulemaking: Rules 62-312.825, 62-330.100, 62-330.200, 62-341.486, 62-346.051, 62-346.301, 62-521.400, 62-524.200, 62-552.650, 62-600.420, 62-600.510, 62-301.300, 62-606.400, 62-610.300, 62-610.525, 62-610.865, 62-761.200, 62-762.201,62-770.200, 62-780.200, 62-782.200, and 62-785.200, F.A.C.

RULEMAKING AUTHORITY:

403.853(3), 403.861(9) FS.

LAW:

403.0877, 403.852(12), (13), 403.853, (1), (3), (4), (7), 403.854, 403.859(1), 403.861(9), (16), (17), 403.8615, 403.862 FS.

PRINT PUBLISH DATE:

11/19/2010 Vol. 36/46

COMMENTS:

From 11/19/2010 To 12/10/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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