DAR File No. 27963

Environmental Quality, Drinking Water

R309-505

Facility Design and Operation: Minimum Treatment Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 27963
Filed: 06/01/2005, 04:36
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:

This change deletes the point-of-use and point-of-entry treatment options as temporary only in order for these options to be added in Rule R309-535 as permanent treatment options under certain conditions.

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.

R309-505. Facility Design and Operation: Minimum Treatment Requirements.

R309-505-10. [Point-of-Entry Treatment Devices.

Where drinking water does not meet the quality standards of R309-103 and the available water system treatment methods are determined to be unreasonably costly or otherwise undesirable, the Executive Secretary may permit the public water supplier to install and maintain point-of-entry treatment devices which have been proven to be appropriate, safe and effective as determined through testing and compliance with protocols established by EPA's Environmental Technology Verification Program (ETV) or the applicable ANSI/NSF Standard(s). The installation and maintenance of such devices shall be the sole responsibility of the public water supplier and service contracts shall make this clear.

R309-505-11.] Temporary Use of Bottled Water[ or Point-of-Use Treatment Devices].

Initially the use of bottled water[, or point-of-use treatment devices,] may be allowed on a temporary basis by the Executive Secretary. The[Their] continued use of bottled water shall be reviewed at least annually and only allowed after the Executive Secretary is satisfied that the PWS has made reasonable attempts since the last review to provide acceptable treatment of a more permanent nature without success.[ Point-of-use treatment devices used shall only be those proven to be appropriate, safe and effective as determined through testing and compliance with protocols established by EPA's Environmental Technology Verification Program (ETV) or the applicable ANSI/NSF Standard(s). Their installation and maintenance shall be under the control of a public water system and this made clear in service contracts between the consumer and the PWS.]

KEY: drinking water, surface water treatment, low quality ground water, high quality ground water

[August 15, 2001]2005

Notice of Continuation September 16, 2002

19-4-104

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.