DAR File No. 27961

Environmental Quality, Drinking Water

R309-200

Monitoring and Water Quality: Drinking Water Standards

NOTICE OF PROPOSED RULE

DAR File No.: 27961
Filed: 06/01/2005, 04:33
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change is to address the changes required by the federal Arsenic and Filter Backwash Recycling regulations. There are a total of eight rule filings that address these two regulations (R309-105, R309-110, R309-200, R309-205, R309-215, R309-220, R309-505, and R309-535). This rule adoption is necessary to maintain primacy. (DAR NOTE: The proposed amendments to: R309-105 is under DAR No. 27959, R309-110 is under DAR No. 27960, R309-200 is under DAR No. 27961, R309-205 is under DAR No. 27967, R309-215 is under DAR No. 27969, R309-220 is under DAR No. 27962, R309-505 is under DAR No. 27963, and R309-535 is under DAR No. 27965 in this issue.)

Summary of the rule or change:

The changes lowers the maximum contaminant level for arsenic effective January 23, 2006, in accordance with the federal Arsenic rule.

State statutory or constitutional authorization for this rule:

Section 19-4-104; and Title XIV, Section 1419

Anticipated cost or savings to:

the state budget:

Costs for the state budget, local governments, and other persons will be based as an aggregate for the changes in Rules R309-105, R309-110, R309-200, R309-205, R309-215, R309-220, R309-505, and R309-535. The Environmental Protection Agency (EPA) estimates state costs for the arsenic rule to be $1,000,000 annually. Using the percentage of Utah systems potentially affected, Utah's annual impact is approximately $45,000 to $50,000.

local governments:

For this aggregate rule change, costs will vary by water system size, sources utilized, and treatment applied. EPA estimates the total national annual cost at $180,000,000 for 2,387 community water systems. Utah has approximately 108 public water system potentially affected by this rule. The approximate annual cost of treatment to comply with this rule for Utah public water systems is $8,144,000. Individual system cost will range from $6,500 to $1,340,000 annually.

other persons:

Other persons that own and operate a public water system may have the same cost impact as listed under "local government" above. Costs to consumers will vary depending upon water system size, EPA estimates the cost to vary from $1 to $327 per household per year.

Compliance costs for affected persons:

Compliance costs for this aggregate rule change will vary depending upon the water system size, type of source, and type of treatment. EPA estimates the cost to vary from $1 to $327 per household per year. The highest costs are associated with the very small public water systems where there are very few connections to spread the cost of treatment across. In these cases, these rule changes will also allow for point-of-use treatment technology and will reduce the cost significantly in some cases.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Dianne R. Nielson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Patti Fauver or Ken Bousfield at the above address, by phone at 801-536-4196 or 801-536-4207, by FAX at 801-536-4211 or 801-536-4211, or by Internet E-mail at pfauver@utah.gov or kbousfield@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2005

This rule may become effective on:

07/16/2005

Authorized by:

Kevin Brown, Director

RULE TEXT

R309. Environmental Quality, Drinking Water.

R309-200. Monitoring and Water Quality: Drinking Water Standards.

R309-200-4. General.

(1) Maximum contaminant levels (MCLs) and treatment techniques are herein established for those routinely measurable substances which may be found in water supplies. "Primary" standards and treatment techniques are established for the protection of human health. "Secondary" regulations are established to provide guidance in evaluating the aesthetic qualities of drinking water.

(2) The applicable "Primary" standards and treatment techniques shall be met by all public drinking water systems. The "Secondary" standards are recommended levels which should be met in order to avoid consumer complaint.

(3) The methods used to determine compliance with these maximum contaminant levels and treatment techniques are given in R309-205 through R309-215. Analytical techniques which shall be followed in making the required determinations shall be as given in 40 CFR 141 as published on July 1, 2004[2001] by the Office of the Federal Register.

(4) Unless otherwise required by the Board, the effective dates on which new analytical methods shall be initiated are identical to the dates published in 40 CFR 141 on July 1, 2004[2001] by the Office of the Federal Register.

(5) If the water fails to meet these minimum standards, then certain public notification procedures shall be carried out, as outlined in R309-220. Water suppliers shall also keep analytical records in their possession, for a required length of time, as outlined in R309-105-17.

R309-200-5. Primary Drinking Water Standards.

(1) Inorganic Contaminants.

(a) The maximum contaminant levels (MCLs) for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, sodium, thallium and total dissolved solids are applicable to community and non-transient non-community water systems.

(b) The MCLs for nitrate, nitrite, and total nitrate, nitrite and sulfate are applicable to community, non-transient non-community, and transient non-community water systems.

(c) The maximum contaminant levels for inorganic chemicals are listed in Table 200-1.

TABLE 200-1
PRIMARY INORGANIC CONTAMINANTS

     Contaminant                     Maximum Contaminant Level



      1.  Antimony                      0.006 mg/L

      2.  Arsenic                       0.010[0.05] mg/L

                                        (see Note 5 below)

      3.  Asbestos                      7 Million Fibers/liter

                                        (longer than 10 um)

      4.  Barium                        2 mg/L

      5.  Beryllium                     0.004 mg/L

      6.  Cadmium                       0.005 mg/L

      7.  Chromium                      0.1 mg/L

      8.  Cyanide (as free Cyanide)     0.2 mg/L

      9.  Fluoride                      4.0 mg/L

     10.  Mercury                       0.002 mg/L

     11.  Nickel                       --- (see Note 1 below)

     12.  Nitrate                      10 mg/l (as Nitrogen)

                                        (see Note 4 below)

     13. Nitrite                        1 mg/L (as Nitrogen)

     14. Total Nitrate and Nitrite     10 mg/L (as Nitrogen)

     15. Selenium                       0.05 mg/L

     16. Sodium                        --- (see Note 1 below)

     17. Sulfate                     1000 mg/L (see Note 2 below)

     18. Thallium                       0.002 mg/L

     19. Total Dissolved Solids      2000  mg/L (see Note 3 below)

     NOTE:

     (1)  No maximum contaminant level has been established for

nickel and sodium.  However, these contaminant shall be monitored

and reported in accordance with the requirements of R309-205-5(3).

     (2)  If the sulfate level of a public (community, NTNC and

non-community) water system is greater than 500 mg/L, the supplier

shall satisfactorily demonstrate that:

     (a)  No better quality water is available, and

     (b)  The water shall not be available for human consumption

from commercial establishments.

     In no case shall the Board allow the use of water having a

sulfate level greater than 1000 mg/L.

     (3)  If TDS is greater than 1000 mg/L, the supplier shall

satisfactorily demonstrate to the Board that no better water is

available.  The Board shall not allow the use of an inferior

source of water if a better source of water (i.e. lower in TDS)

is available.

     (4)  In the case of a non-community water systems which

exceed the MCL for nitrate, the Executive Secretary may allow,

on a case-by-case basis, a nitrate level not to exceed 20 mg/L if

the supplier can adequately demonstrate that:

     (a)  such water will not be available to children under 6 months

of age as may be the case in hospitals, schools and day care centers;

and

     (b)  there will be continuous posting of the fact that nitrate

levels exceed 10 mg/L and the potential health effect of exposure in

accordance with R309-220-12; and

     (c)  the water is analyzed in conformance to R309-205-5(4); and

     (d)  that no adverse health effects will result.

     (5)  The maximum contaminant level for arsenic is 0.05 mg/L until

January 23, 2006.  The MCL of 0.010 mg/L is effective for the purposes

of compliance on January 23, 2006.

. . . . . . .

KEY: drinking water, quality standards, regulated contaminants

[December 9, 2002]2005

Notice of Continuation April 16, 2001

19-4-104

63-46b-4

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Patti Fauver or Ken Bousfield at the above address, by phone at 801-536-4196 or 801-536-4207, by FAX at 801-536-4211 or 801-536-4211, or by Internet E-mail at pfauver@utah.gov or kbousfield@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.