(1)
Purpose. The purpose of the Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR) is to reduce illness linked with the contaminant
Cryptosporidium and other disease-causing microorganisms in
drinking water. The rule supplements existing regulations by targeting
additional Cryptosporidium treatment requirements to higher
risk systems. This rule also contains provisions to reduce risks from uncovered
finished water reservoirs and to ensure that systems maintain microbial
protection when they take steps to decrease the formation of disinfection
byproducts that result from chemical water treatment.
(2)
Applicability. This
regulation applies to all public water systems that use surface water or ground
water under the direct influence (GWUDI) of surface water.
(3)
Enhanced Treatment for
Cryptosporidium.
(a)
General requirements. The requirements of 40 CFR Part
141 Subpart W are
national primary drinking water regulations. The regulations in this subpart
establish or extend treatment technique requirements in lieu of maximum
contaminant levels for
Cryptosporidium. These requirements are
in addition to requirements for filtration and disinfection in Subparts H, P,
and T of 40 CFR Part
141.
(b)
Applicability. The requirements of 40 CFR Part
141 SubpartW apply to all public
water systems supplied by a surface water source and public water systems
supplied by a ground water source under the direct influence of surface water.
1. Wholesale systems, as defined in
40 CFR §
141.2, must comply with the requirements of
40 CFR Part
141 Subpart W based on the population of the largest system in the
combined distribution system.
2.
The requirements of 40 CFR Part
141 Subpart W for filtered systems apply to
systems required by National Primary Drinking Water Regulations to provide
filtration treatment, whether or not the system is currently operating a
filtration system.
3. The
requirements of 40 CFR Part
141 Subpart W for unfiltered systems apply only to
unfiltered systems that timely met and continue to meet the filtration
avoidance criteria in Subparts H, P, and T of 40 CFR Part
141, as
applicable.
(c)
Requirements. Systems subject to 40 CFR Part
141 Subpart W must comply with the
following requirements:
1. Systems must
conduct an initial and a second round of source water monitoring for each plant
that treats a surface water or GWUDI source. This monitoring may include
sampling for
Cryptosporidium, E. coli, and turbidity as
described in 40 CFR §
141.701 through
141.706, to determine what level,
if any, of additional
Cryptosporidium treatment they must
provide.
2. Systems that plan to
make a significant change to their disinfection practice must develop
disinfection profiles and calculate disinfection benchmarks, as described in
40 CFR §§
141.708 through
141.709.
3. Filtered systems must determine their
Cryptosporidium treatment bin classification as described in
40 CFR §
141.710 and provide additional treatment for
Cryptosporidium, if required, as described in
40 CFR §
141.711. All unfiltered systems must provide
treatment for
Cryptosporidium as described in
40 CFR §
141.712. Filtered and unfiltered systems must
implement
Cryptosporidium treatment according to the schedule
in 40 CFR §
141.713.
4. Systems with uncovered finished water
storage facilities must comply with the requirements to cover the facility or
treat the discharge from the facility as described in
40 CFR §
141.714.
5. Systems required to provide additional
treatment for
Cryptosporidium must implement microbial toolbox
options that are designed and operated as described in
40 CFR §
141.715 through
141.720.
6. Systems must comply with the applicable
recordkeeping and reporting requirements described in
40 CFR §
141.721 through
141.722.
7. Systems must address significant
deficiencies identified in sanitary surveys performed by EPA or Division as
described in 40 CFR §
141.723.
(4)
Source Water Monitoring.
40 CFR, Subpart W §
141.701(a) through (h), in
its entirety, is hereby incorporated by reference. Systems are required to
conduct source water monitoring for
Cryptosporidium, E. coli,
and turbidity in accordance with the monitoring schedule specified in this
section.
(5)
Sampling
Schedules.
40 CFR,
Subpart W §
141.702(a) through
(c), in its entirety, is hereby incorporated
by reference. Systems required to conduct source water monitoring under
40 CFR §
141.701 must submit a sampling schedule that
specifies the calendar dates when the system will collect each required
sample.
(6)
Sampling
Locations.
40 CFR,
Subpart W §
141.703(a) through
(f), in its entirety, is hereby incorporated
by reference. Systems required to conduct source water monitoring under
40 CFR §
141.701 must collect samples for each plant
that treats a surface water or GWUDI source. Where multiple plants draw water
from the same influent, such as the same pipe or intake, the Division may
approve one set of monitoring results to be used to satisfy the requirements of
40 CFR §
141.701 for all plants. Systems must collect
source water samples prior to chemical treatment, such as coagulants, oxidants
and disinfectants, unless the Division determines that collecting a sample
prior to chemical treatment is not feasible for the system and that the
chemical treatment is unlikely to have a significant adverse effect on the
analysis of the sample.
(7)
Analytical Methods.
40 CFR, Subpart W §
141.704(a) through (c), in
its entirety, is hereby incorporated by reference.
(8)
Approved Laboratories.
40 CFR, Subpart W §
141.705(a) through (c), in
its entirety, is hereby incorporated by reference.
(9)
Reporting Source Water Monitoring
Results.
40 CFR,
Subpart W §
141.706(a) through
(e), in its entirety, is hereby incorporated
by reference.
(10)
Grandfathering Previously Collected Data.
40 CFR, Subpart W §
141.707(a) through (h), in
its entirety, is hereby incorporated by reference. Systems may comply with the
initial source water monitoring requirements of
40 CFR §
141.701(a) by grandfathering
sample results collected before the system is required to begin monitoring
(i.e., previously collected data). To be grandfathered, the sample results and
analysis must meet the criteria in this section and the Division must
approve.
(11)
Requirements
when Making a Significant Change in Disinfection Practice.
40 CFR, Subpart W §
141.708(a) through (b), in
its entirety, is hereby incorporated by reference. Following the completion of
initial source water monitoring under
40 CFR §
141.701(a), a system that
plans to make a significant change to its disinfection practice, as defined in
this section, must calculate disinfection benchmarks for
Giardia
lamblia and viruses as described in
40 CFR §
141.709. Prior to changing the disinfection
practice, the system must notify the Division and must include in this notice
the information outlined in this section. Significant changes to disinfection
practice are defined as follows:
(a) Changes
to the point of disinfection;
(b)
Changes to the disinfectant(s) used in the treatment plant;
(c) Changes to the disinfection process;
or
(d) Any other modification
identified by the State as a significant change to disinfection
practice.
(12)
Developing the Disinfection Profile and Benchmark.
40 CFR, Subpart W §
141.709(a) through (e), in
its entirety, is hereby incorporated by reference. Systems required to develop
disinfection profiles under 40 CFR §
141.708 must follow
the requirements of this section. Systems must monitor at least weekly for a
period of 12 consecutive months to determine the total log inactivation for
Giardia lamblia and viruses. The disinfection benchmark is the
lowest monthly mean value (for systems with one year of profiling data) or the
mean of the lowest monthly mean values (for systems with more than one year of
profiling data) of
Giardia lamblia and virus log inactivation
in each year of profiling data.
(13)
Bin Classification for Filtered
Systems.
40 CFR,
Subpart W §
141.710(a) through
(f), in its entirety, is hereby incorporated
by reference. Following completion of the initial round of source water
monitoring required under 40
CFR §
141.701(a),
filtered systems must calculate an initial
Cryptosporidium bin
concentration for each plant for which monitoring was required. Calculation of
the bin concentration must use the
Cryptosporidium results
reported under 40 CFR §
141.701(a) and must follow
the procedures outlined in this section.
(a)
Filtered systems must determine their initial bin classification from the table
in 40 CFR
141.710(c) and using the
Cryptosporidium bin concentration calculated under paragraphs
(a)-(b) of this section (40
CFR, Subpart W §
141.710).
(b) Following completion of the second round
of source water monitoring required under
40 CFR §
141.701(b), filtered systems
must recalculate their
Cryptosporidium bin concentration using
the
Cryptosporidium results reported under
40 CFR §
141.701(b) and following the
procedures in paragraphs (b)(1) through (4) of
40 CFR §
141.710. Systems must then redetermine their
bin classification using this bin concentration and the table in paragraph (c)
of 40 CFR §
141.710.
(14)
Filtered System Additional
Cryptosporidium Treatment Requirements.
40 CFR, Subpart W §
141.711(a) through (d), in
its entirety, is hereby incorporated by reference. Filtered systems must
provide the level of additional treatment for
Cryptosporidium
specified in paragraph (a) of
40 CFR §
141.711 based on their bin classification as
determined under 40 CFR
§
141.710 and according to the schedule
in 40 CFR §
141.713.
(a) Filtered systems must use one or more of
the treatment and management options listed in
40 CFR §
141.715, termed the microbial toolbox, to
comply with the additional
Cryptosporidium treatment required
in paragraph (a) of 40 CFR
§
141.711.
(b) Systems classified in Bin 3 and Bin 4
must achieve at least 1-log of the additional
Cryptosporidium
treatment required under paragraph (a) of
40 CFR §
141.711 using either one or a combination of
the following: bag filters, bank filtration, cartridge filters, chlorine
dioxide, membranes, ozone, or UV, as described in
40 CFR §§
141.716 through
141.720.
(c) Failure by a system in any month to
achieve treatment credit by meeting criteria in §§ 141.716 through
141.720 for microbial toolbox options that is at least equal to the level of
treatment required in paragraph (a) of
40 CFR §
141.711 is a violation of the treatment
technique requirement.
(15)
Unfiltered System
Cryptosporidium Treatment Requirements. All systems
that are using surface water sources or groundwater sources that are determined
to be under the direct influence of surface water supplies are required to
provide filtration and disinfection treatments, in addition to that other
treatments that are required by the Division, in order to comply with the
drinking water standards, regulations and operating permit conditions, required
by the Rules for Safe Drinking Water, Chapter 391-3-5. In order to provide
regulatory information on the
Cryptosporidium treatment
requirements for unfiltered water systems,
40 CFR, Subpart W §
141.712(a) through (d) is
hereby incorporated by reference.
(16)
Schedule for Compliance with
Cryptosporidium Treatment Requirements.
(a) Following initial bin classification
under 40 CFR §
141.710(c), filtered systems
must provide the level of treatment for
Cryptosporidium
required under 40 CFR §
141.711 according to the schedule in
paragraph (16)(c).
(b) Following
initial determination of the mean
Cryptosporidium level under
40 CFR §
141.712(a)(1), unfiltered
systems must provide the level of treatment for
Cryptosporidium required under
40 CFR §
141.712 according to the schedule in
paragraph (16)(c).
(c)
Cryptosporidium treatment compliance dates.
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CRYPTOSPORIDIUM TREATMENT COMPLIANCE DATES
TABLE
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Systems that serve ...
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Must comply with Cryptosporidium treatment
requirements no later than ...
(1)
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At least 100,000 people.
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April 1, 2012
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From 50,000 to 99,999 people.
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October 1, 2012
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From 10,000 to 49,999 people.
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October 1, 2013
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Fewer than 10,000 people.
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October 1, 2014
|
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Note: (1) States may
allow up to an additional two years for complying with the treatment
requirement for systems making capital improvements.
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(d)
If the bin classification for a filtered system changes following the second
round of source water monitoring, as determined under
40 CFR §
141.710(d), the system must
provide the level of treatment for
Cryptosporidium required
under 40 CFR §
141.711 on a schedule the Division
approves.
(e) If the mean
Cryptosporidium level for an unfiltered system changes
following the second round of monitoring, as determined under
40 CFR §
141.712(a)(2), and if the
system must provide a different level of
Cryptosporidium
treatment under 40 CFR
§
141.712 due to this change, the system
must meet this treatment requirement on a schedule the Division
approves.
(17)
Requirements for Uncovered Finished Water Storage Facilities. All
finished water storage facilities must be provided with a permanent cover, in
accordance with Rule
391-3-5-.11. In order to provide
regulatory information on the requirements for uncovered finished water storage
facilities, 40 CFR, Subpart
W §
141.714(a) through
(d) is hereby incorporated by
reference.
(18)
Microbial
Toolbox Options for Meeting Cryptosporidium Treatment
Requirements.
40 CFR,
Subpart W §
141.715(a) through
(b) is hereby incorporated by reference.
(a) Source toolbox components.
40 CFR, Subpart W §
141.716(a) through (b) is
hereby incorporated by reference.
(b) Pre-filtration treatment toolbox
components. 40 CFR, Subpart
W §
141.717(a) through
(c) is hereby incorporated by
reference.
(c) Treatment
performance toolbox components.
40 CFR, Subpart W §
141.718(a) through (c) is
hereby incorporated by reference.
(d) Additional filtration toolbox components.
40 CFR, Subpart W §
141.719(a) through (d) is
hereby incorporated by reference.
(e) Inactivation toolbox components.
40 CFR, Subpart W §
141.720(a) through (d) is
hereby incorporated by reference.
(20)
Recordkeeping Requirements.
40 CFR, Subpart W §
141.722(a) through (c) is
hereby incorporated by reference.
(21)
Requirements to Respond to
Significant Deficiencies Identified in Sanitary Surveys Performed by EPA or
Division.
40 CFR,
Subpart W §
141.723(a) through
(d) is hereby incorporated by reference.
Systems must respond in writing to significant deficiencies identified in
sanitary survey reports no later than forty-five (45) days after receipt of the
report, indicating how and on what schedule the system will address significant
deficiencies noted in the survey. Systems must correct significant deficiencies
identified in sanitary survey reports according to the approved schedule, or if
there is no approved schedule, according to the schedule submitted by the
system if such deficiencies are within the control of the system.
(22)
Division Recordkeeping. The
records kept by the Division shall be in accordance with
40 CFR §
142.14.
(23)
Division Reporting. The
reporting by the Division shall be performed as required by
40 CFR §
142.15.