The requirements contained in the July 1, 2014, edition of 40
C.F.R. Part 141, Subpart L (Sections 141.130 through 141.135 ) (http://www.flrules.org/Gateway/reference.asp?No=Ref-05604),
are adopted and incorporated herein by reference and are enforceable under this
rule. The following are clarifications and additions to the requirements in 40
C.F.R. Part 141, Subpart L. This introductory text shall be effective on July
7, 2015.
(1) In 40 CFR
141, subpart L,
the term "State" shall mean "Department." Also, references to section 141.2
shall be interpreted to mean Rule
62-550.200, F.A.C.; references to section
141.21 shall be interpreted to mean Rule
62-550.518, F.A.C.; references to
section 141.23(k)(1) or 141.89(a) shall be interpreted to mean subsection
62-550.550(1),
F.A.C.; references to section 141.31 shall be interpreted to mean subsection
62-550.730(1), F.A.C.; references to section 141.32 or 141.202 shall be
interpreted to mean Rule
62-560.410, F.A.C.; references to section
141.32(e)(78) shall be interpreted to mean subsection 62-560.410(6), F.A.C.;
references to section 141.64 or 141.64(a) shall be interpreted to mean
paragraph 62-550.310(3)(b), F.A.C.; references to section 141.65 shall be
interpreted to mean subsection 62-550.310(2), F.A.C.; references to section
141.74(b)(6)(i) shall be interpreted to mean subsection 62-550.560(2), F.A.C.;
references to section 141.74(c)(3)(i) shall be interpreted to mean paragraph
62-550.560(3)(d), F.A.C.; references to subpart Q shall be interpreted to mean
Part IV of Chapter 62-560, F.A.C.; and references to section
142.16(h)(5)
shall be interpreted to mean subsection 62-550.821(9), F.A.C.
(2) For purposes of the compliance dates in
40 CFR
141.130(b) and the
disinfection byproduct and residual disinfectant monitoring requirements in
40 CFR
141.132(b), (c),
and (f):
(a) The number of persons served by a
wholesale system includes the number of persons served by the consecutive
systems that receive finished water from the wholesale system; and
(b) Consecutive systems that receive any
finished water originating from a subpart H system are considered subpart H
systems.
(3)
40 CFR
141.130(c) shall be
interpreted to mean that suppliers of water who own or operate a CWS or NTNCWS,
including either a consecutive CWS or a consecutive NTNCWS, must employ
operators licensed under Chapter 62-602, F.A.C., to operate the system and
staff the system's water treatment plant(s), if any, in accordance with Chapter
62-699, F.A.C.
(4) Under
40 CFR
141.132(a), systems shall
demonstrate that TTHM and HAA5 samples were taken under normal operating
conditions by measuring, and reporting with the results of samples for TTHM and
HAA5, the residual disinfectant level at the same points where, and same times
when, TTHM and HAA5 samples are taken. These measurements may be performed by
any authorized representative of the supplier of water or Department; but
measurements for residual chlorine shall be performed following the appropriate
procedures in the Department of Environmental Protection Standard Operating
Procedures for Field Activities, DEP-SOP-001/01, as incorporated into Rule
62-160.800,
F.A.C., and all other measurements shall be performed using an appropriate
method referenced in subsection 62-550.550(1), F.A.C. These measurements shall
not be used for determining compliance with the MRDL.
(5) For purposes of the TTHM and HAA5
monitoring requirements in
40 CFR
141.132(b)(1), each entry
point from a wholesale system to a consecutive system is considered a plant for
the consecutive system.
(a) Consecutive
systems may request that the Department allow for multiple entry points from a
single wholesale system to a single consecutive system to be considered as one
plant.
(b) The Department shall
approve requests made in accordance with paragraph (a) above if the consecutive
system submits documentation showing that factors such as relative locations of
entry points, detention times, sources, and the presence of treatment (such as
corrosion control or booster disinfection) will not have a significant
differential effect on TTHM and HAA5 formation associated with individual entry
points.
(6)
40 CFR
141.132(b)(1)(v) shall be
interpreted to mean that, in addition to allowing systems on increased
monitoring to return to routine monitoring under
40 CFR
141.132(b)(1)(iv), the
Department shall allow systems on increased monitoring to return to routine
monitoring if their TTHM quarterly averages and HAA5 quarterly averages are
less than or equal to the MCL for four consecutive quarters.
(7) Under
40 CFR
141.131(c)(2), the use of
DPD colorimetric test kits to measure residual chlorine, chloramines, or
chlorine dioxide is approved per subsection 62-550.550(1), F.A.C.
(8) Under
40 CFR
141.131(b)(3),
(c)(3), and (d), operators licensed under
Chapter 62-602, F.A.C., and persons under the direct supervision of a licensed
operator, as well as laboratories certified by the Department of Health, are
approved to measure alkalinity, bromide, chlorite (only at entrances to
distribution systems), pH, residual disinfectant concentration, specific
ultraviolet absorbance, and total organic carbon. Refer to subsection
62-550.550(1), F.A.C.
(9) Under
40 CFR
141.132(a)(2), the
Department shall approve reduced TTHM and HAA5 monitoring by allowing systems
to consider multiple plants treating water from multiple wells completed in the
same aquifer as one treatment plant if:
(a)
The plants are applying the same disinfectant(s); and
(b) The system submits a hydrogeological
evaluation that is prepared under the supervision of a professional geologist
or engineer registered in Florida and that indicates the wells are completed
in, and drawing water from, the same aquifer and indicates the characteristics
(including the total organic carbon level and, if ozone is being used to treat
the water, bromide level) of the water from each well are enough alike to
conclude disinfection byproduct formation will be similar.
(10) Under
40 CFR
141.132(f), all subpart H
systems shall submit a copy of their monitoring plan to the appropriate
Department of Environmental Protection District Office or appropriate Approved
County Health Department no later than the date of the first report required
under
40 CFR
141.134. All other systems shall make their
monitoring plan available for review during sanitary surveys conducted by the
Department and shall submit their monitoring plan if requested by the
Department.
(11) The monitoring
plans required under
40 CFR
141.132(f) shall be prepared
in a format containing all the following information:
(a) A cover page identifying the system and
providing relevant general information, including:
1. The system name and PWS identification
number;
2. A contact person and
phone number;
3. The system type
(community, non-transient non-community, or transient non-community
system);
4. The number and type of
water sources and water treatment plants; and
5. The population served by the system when
including the population served by any consecutive systems that receive water
from the system.
(b) For
subpart H systems using conventional filtration treatment, a summary of the
system's enhanced coagulation or softening performance requirements. If
applicable, a copy of the most recent Department approval of Step 2 TOC removal
requirements shall be attached to the monitoring plan.
(c) A summary of the residual disinfectant,
disinfection byproduct, and disinfection byproduct precursor monitoring that is
required of the system. If applicable, a copy of the following Department
approvals shall be attached to the monitoring plan:
1. Department approval allowing the system to
consider multiple plants treating water from multiple wells completed in the
same aquifer as one treatment plant;
2. If the system is a consecutive system,
Department approval allowing the system to consider multiple entry points from
a single wholesale system as one plant.
(d) For subpart H systems using conventional
filtration treatment, a schematic drawing of each of the system's plants that
use conventional treatment to treat surface water or ground water under the
direct influence of surface water. Each schematic drawing shall show:
1. The water source(s);
2. Each unit process of each treatment train
and each chemical application point; and
3. Sampling locations identified and numbered
(e.g., T-1, T-2, etc.).
(e) A schematic drawing of the system's
distribution system. The schematic drawing shall show:
1. Entry points to the distribution system
(i.e., water treatment plants and, if the system is a consecutive system, entry
points from wholesale systems);
2.
Finished water storage facilities and booster chlorination facilities;
and
3. Sampling locations
identified and numbered (e.g., D-1, D-2, etc.).
(f) A summary of typical distribution system
operating characteristics explaining, on a seasonal basis if necessary, how
water sources are used and water treatment plants are operated to meet demands
on the system and where average and maximum water residence times are expected
to occur in the distribution system.
(g) Schedules for collecting all required
samples. The schedules shall identify sampling times, sampling locations,
sample handling and preservation requirements, and whether samples will be
analyzed on site by either a licensed operator or a person under the direct
supervision of a licensed operator or will be analyzed at a certified
laboratory. Also, the schedules shall address both routine and reduced
monitoring frequencies.
(h) The
method for calculating compliance with applicable maximum residual disinfectant
levels, maximum contaminant levels, and treatment technique
requirements.
(12) This
subsection replaces
40 CFR
141.134 and discusses reporting requirements
for disinfectant residuals, disinfection byproducts, and disinfection byproduct
precursors.
(a) Systems and laboratories
shall report results of required measurements for chlorine or chloramines, and
results of required disinfection byproduct analyses conducted by certified
laboratories, in accordance with subsections 62-550.730(1) and (2), F.A.C. In
addition, systems described in paragraphs (b) through (d) below shall report
the summary information described in paragraphs (b) through (d). (For other
systems, the Department will perform calculations and determine whether MRDLs
or MCLs were exceeded.) Systems required to report under paragraphs (b) through
(d) below shall report to the appropriate Department of Environmental
Protection District Office or Approved County Health Department within ten days
after the end of each quarter in which samples were collected.
(b) Systems serving more than 4,900 persons,
and systems using chlorine dioxide, shall report a summary of results of
measurements for disinfectant residuals in a format including all of the
following information:
1. The system name and
PWS identification number.
2. A
contact person and phone number.
3.
The information listed in
40 CFR
141.134(c) except that:
a. Systems monitoring for chlorine or
chloramines also shall include the location, date, and result of each sample
taken during the last quarter.
b.
In addition to including the date, result, and location of each sample taken
during the last quarter, systems monitoring for chlorine dioxide shall include
the name of the person who collected each sample, the date of analysis of each
sample, the name and certification number of the laboratory that analyzed each
sample or the name and license number of the operator responsible for analysis
of each sample, and the analytical method used for each sample and shall
identify each sample as to whether it is an entry point sample or a
distribution system sample.
(c) Subpart H systems serving 500 or more
persons, systems using only ground water not under the direct influence of
surface water and serving 10,000 or more persons, and systems using chlorine
dioxide shall report a summary of results of analyses for disinfection
byproducts in a format including all of the following information:
1. The system name and PWS identification
number.
2. A contact person and
phone number.
3. The information
listed in
40 CFR
141.134(b) except that:
a. In addition to including the location,
date, and result of each sample taken during the last monitoring period,
systems monitoring for TTHM and HAA5, chlorite, or bromate shall include the
name of the person who collected each sample, the date of analysis of each
sample, the name and certification number of the laboratory that analyzed each
sample, and the analytical method used for each sample.
b. In addition to including the location,
date, and result of each sample taken during the last monitoring period,
systems monitoring for TTHM and HAA5, chlorite, or bromate shall include the
name of the person who collected each sample, the date of analysis of each
sample, the name and certification number of the laboratory that analyzed each
sample, and the analytical method used for each sample.
c. Systems monitoring for TTHM and HAA5 also
shall identify each sample as to whether it was taken at a location
representing maximum residence time in the distribution system or at a location
representing average residence time in the distribution system and shall report
the residual chlorine or chloramine level measured at the same point where, and
same time when, each sample was taken.
d. Systems monitoring for chlorite also shall
identify each sample as to whether it is an entry point sample or a
distribution system sample.
(d) Subpart H systems using conventional
filtration treatment shall report a summary of results of measurements for
disinfection byproduct precursors and enhanced coagulation or softening in a
format including all of the following information:
1. The system name and PWS identification
number and the water treatment plant name.
2. A contact person and phone
number.
3. The information listed
in
40 CFR
141.134(d) except that:
a. In addition to including the location,
date, and results of each paired TOC and source-water alkalinity sample taken
during the last quarter, systems monitoring for TOC shall include the name of
the person who collected each sample, the date of analysis of each sample, the
name and certification number of the laboratory that analyzed each sample or
the name and license number of the operator responsible for analysis of each
sample, and the analytical method used for each sample.
b. Calculations for determining compliance
with Step 1 or 2 TOC removal requirements shall be presented in a table similar
to Tables 4-3 through 4-6 in the U.S. Environmental Protection Agency's
(USEPA's) Enhanced Coagulation and Enhanced Precipitative Softening
Guidance Manual, which is incorporated herein by reference and is
available from the USEPA, Office of Ground Water and Drinking Water (4601),
Ariel Rios Building, 1200 Pennsylvania Avenue Northwest, Washington, DC
20460-0003.
c. Systems monitoring
for SUVA, treated-water alkalinity, or magnesium hardness removal shall include
the location, date, and result of each sample that was taken during the last
quarter plus the name of the person who collected each sample, the date of
analysis of each sample, the name and certification number of the laboratory
that analyzed each sample or the name and license number of the operator
responsible for analysis of each sample, and the analytical method used for
each sample.
(13) Under
40
CFR
141.135(b), systems
practicing enhanced softening are not required to apply to the Department for
Step 2 TOC removal requirements. Enhanced softening systems that are unable to
meet the alternative compliance criteria in section 141.135 (a)(2) and (3) and
that are unable to meet the Step 1 TOC removal requirements may apply to the
Department for a waiver of enhanced softening requirements.
(a) Applicants for a waiver shall submit to
the appropriate Department of Environmental Protection District Office or
appropriate Approved County Health Department results of bench- or pilot-scale
testing conducted in accordance with section 3.3 of the U.S. Environmental
Protection Agency's Enhanced Coagulation and Enhanced Precipitative
Softening Guidance Manual, which is incorporated herein by reference
and is available from the source indicated in sub-subparagraph
62-550.821(12)(c) 3.b., F.A.C.
(b)
The Department shall grant waivers if the test results required by paragraph
(a) above show that the applicant is unable to meet the alternative compliance
criteria in
40
CFR
141.135(a)(2) and (3)
and is unable to meet the Step 1 TOC removal requirements.
(14) This subsection supplements
40
CFR
141.135(b)(3). The
Department shall approve Step 2 TOC removal requirements submitted by a system
if the system's application includes the information discussed in
40
CFR
141.135(b)(4) and (15)
below and if all alternative TOC removal percentages are determined in
accordance with
40
CFR
141.135(b)(4) and
section 3.2 of the U.S. Environmental Protection Agency's
Enhanced
Coagulation and Enhanced Precipitative Softening Guidance Manual,
which is incorporated herein by reference and is available from the source
indicated in sub-subparagraph 62-550.821(12)(c) 3.b., F.A.C.
(15) This subsection supplements
40
CFR
141.135(b)(4).
Applications made to the Department for approval of Step 2 TOC removal
requirements shall include a table of Step 2 removal requirements that is
similar in format to the table of Step 1 TOC removal requirements in
40
CFR
141.135(b)(2). The Step
2 table shall address the same source-water TOC/alkalinity ranges as addressed
in the Step 1 table. Also, in each source-water TOC/alkalinity range, the
required Step 2 TOC removal percentage shall remain the same as the Step 1 TOC
removal percentage unless the application includes test results as described in
40
CFR
141.135(b)(4) supporting
an alternative TOC removal percentage for that specific TOC/alkalinity
range.
(16)
40
CFR
141.135(b)(4)(v) is
supplemented by the following:
(a) Systems
applying for a waiver of enhanced coagulation requirements shall submit to the
appropriate Department of Environmental Protection District Office or
appropriate Approved County Health Department results of bench- or pilot-scale
testing conducted in accordance with
40
CFR
141.135(b)(4) and
Section 3.2 of the U.S. Environmental Protection Agency's
Enhanced
Coagulation and Enhanced Precipitative Softening Guidance Manual,
which is incorporated herein by reference and is available from the source
indicated in sub-subparagraph 62-550.821(12)(c) 3.b., F.A.C.
(b) The Department shall grant waivers of
enhanced coagulation requirements if the test results required by paragraph (a)
above show that the TOC removal from the applicant system's water is
consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose (as
aluminum) at all dosages of alum (or equivalent addition or iron
coagulant).
(17) In the
event of an acute violation of the maximum residual disinfectant level for
chlorine dioxide, the supplier of water shall notify the public and the
Department in accordance with Rule
62-560.410, F.A.C., as soon as practicable
but no later than 24 hours after learning of the violation.