• Requiring an abbreviated system assessment (Level 1 Assessment) following a confirmed total coliform positive;
• Prescribing a rigorous system assessment (Level 2 Assessment) following an E. coli MCL exceedance or two consecutive total coliform triggers.
6. Summary and comparison with existing and proposed federal regulations.
The basic requirements of the TCR to routinely collect coliform samples at all public water systems, and collect follow-up samples when results are positive remain the same with the RTCR. The RTCR also retains the requirement for systems to boil water when E. coli is present.
The changes proposed in the RTCR include the following:
• The non-acute maximum contaminant level for total coliform is eliminated;
• Treatment technique requirements are added for total coliform;
• No public notice for total coliform is required anymore;
• There is a new public notice requirement for failure to conduct required assessments and corrective actions;
• Annual inspections/assessments are required for systems to remain on reduced monitoring;
• State approved start-up procedures are required for “seasonal systems.”
7. Comparison of similar rules in adjacent states:
ILLINOIS: Illinois will not allow reduced monitoring at community water systems. They will allow reduced monitoring at non-community systems, but they will increase the sanitary survey frequency at those systems from every 5 years to every 2 years. They will also perform Level 2 assessments in place of the less rigorous Level 1 assessments to avoid placing non-community systems on increased monthly monitoring following multiple Level 1 assessment triggers.
INDIANA: At this time, Indiana has not yet responded to inquiries about how they plan to implement the RTCR.
IOWA: Iowa will require seasonal system start-up procedures and issue treatment technique violations if they are not completed before system start-up. Iowa will require a clean coliform sample as part of this procedure. They will not allow reduced annual monitoring. They require monthly monitoring at schools and daycares. They will not change their current boil water advisory policies. Iowa is not planning on doing annual site visits as they are not allowing reduced monitoring. Level 2 assessments will be done by DNR inspectors and Level 1 assessments will be done by owners and operators.
MICHIGAN: Michigan will require seasonal system start-up procedures and issue treatment technique violations if they are not completed before system start-up. They are only allowing reduced monitoring frequencies at non-community groundwater systems serving up to 1,000 people. They will only issue a boil water order for E. coli or a system loss of pressure. Annual site visits will be required for all systems on reduced monitoring. They will conduct Level 2 assessments at community water systems and contract with local health departments to conduct Level 2 assessment at non-community water systems.
MINNESOTA: Minnesota will require seasonal system start-up procedures and issue treatment technique violations if they are not completed before system start-up. They are allowing reduced monitoring frequencies at all groundwater systems serving up to 1,000 people. They will only issue a boil water order for E. coli. Annual site visits will be required for all non-community systems on reduced monitoring, but not be required for community systems on reduced monitoring. They will conduct Level 2 assessments at community water systems and contract with counties to conduct Level 2 assessment at transient non-community water systems.
OHIO: Ohio will require a seasonal system start-up procedure with a requirement for a safe coliform sample before start-up. They will issue treatment technique violations for failure to complete this procedure. They will not allow reduced monitoring for any systems except some seasonal systems can remain on quarterly monitoring. The routine sample frequency for seasonal systems is monthly. Boil water orders will only be required for E. coli violations and water line breaks. They will not perform annual site visits for systems to remain on reduced monitoring. They will perform all level 2 assessments themselves and not contract out with counties or other technical service providers.
8. Summary of factual data and analytical methodologies:
The bulk of the rule changes are based on federal rule changes to the Total Coliform Rule. Under the 1989 TCR, each total coliform-positive sample is assayed for either fecal coliforms or E. coli. Fecal coliform bacteria are a subgroup of total coliforms that traditionally have been associated with fecal contamination. Since the promulgation of the 1989 TCR, more information and understanding of the suitability of fecal coliform and E. coli as indicators have become available. Study has shown that the fecal coliform assay is imprecise and too often captures bacteria that do not originate in the human or mammal gut. The provisions of the RTCR reflect the improved understanding of the value of total coliforms and E. coli as indicators. EPA has chosen to now use total coliform as an indicator that public water systems are maintaining effective barriers to contamination instead of using it as an indicator that pathogens may be present. EPA will now require formal assessments and corrective actions to mitigate total coliform contamination. This revised rule also eliminates fecal coliform as an indicator of fecal contamination, and relies instead solely on E. coli.
9. Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis:
Small businesses generally fall into the category of non-community public water systems. An analysis was performed using available data from the DNR’s Public Drinking Water Database. These data were used to predict monitoring costs, the possible number of Level 2 assessments, the number of systems that would have a start-up procedure requirement, and the estimated costs for boil water orders. The analysis concluded the following:
• Monitoring costs for small businesses are expected to stay the same. Sample analysis expenses are offered free of charge by the Wisconsin State Lab of Hygiene.
• Due to the elimination of boil water orders for non-acute coliform events, small businesses will see a modest decrease in costs in those situations.
• Most of the increases in costs of the proposed rule are incurred by the state due to the new requirement for formal assessments triggered by coliform events.
• The requirement for seasonal system start-up procedures may add a modest cost to small non-community systems if owners of these systems discover items they need to fix. There is also a cost associated with flushing plumbing with well water until it becomes clear each year.
10. Effect on small business:
Economic impacts of this rule will be moderate. Due to the elimination of boil water orders for non-acute coliform events, small businesses will see a modest decrease in costs in those situations. The requirement for seasonal system start-up procedures may add a modest cost to businesses if owners of these systems discover items they need to fix. There is also a cost associated with flushing plumbing with well water until it becomes clear each year.
11. A copy of any comments and opinion prepared by the Board of Veterans Affairs under s. 45.03 (2m), Stats., for rules proposed by the Department of Veterans Affairs: [if not applicable, so state] Not applicable.
12. Agency Contact (include email and telephone number):
Steve Elmore
Bureau of Drinking Water and Groundwater
P.O. Box 7921
Madison, WI 53707-7921
(608) 264-9246
13. Place where comments are to be submitted and deadline for submission.
Steve Elmore
Bureau of Drinking Water and Groundwater
P.O. Box 7921
Madison, WI 53707-7921
(608) 264-9246
Deadline for comments is July 22, 2015
(See PDF for image)
SECTION 1.
NR 809.03 is amended to read:NR 809.03 Applicability. The provisions of this chapter shall apply to all new and existing public water systems and, water suppliers, and laboratories certified to analyze drinking water.
SECTION 2.
NR 809.04 (2g) and (2r) are created to read:NR 809.04 (2g) “Circuit rider” means a roving technical expert employed by a state rural water association to provide training and assistance to rural and small water utilities within the state.
NR 809.04 (2r) “Clean compliance history” means a record of no E. coli MCL violations under s. NR 809.31; no monitoring violations under s. NR 809.312; and no coliform treatment technique trigger exceedances or treatment technique violations under s. NR 809.313. SECTION 3.
NR 809.04 (5), (6), (7), and (8) are amended to read: NR 809.04 (5) “Community water system” or “CWS” means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Any public water system serving 7 or more homes, 10 or more mobile homes, 10 or more apartment units, or 10 or more condominium units shall be considered is a community water system unless information is available to indicate that 25 year-round residents will not be served.
NR 809.04 (6) “Compliance cycle” means the 9-year calendar year cycle during which public water systems shall monitor. Each compliance cycle consists of 3, 3 year compliance periods. The first compliance cycle begins January 1, 1993 and ends December 31, 2001; the second begins January 1, 2002 and ends December 31, 2010; the third begins January 1, 2011 and ends December 31, 2019.
NR 809.04 (7) “Compliance period” means a 3-year calendar year period within a compliance cycle. Each compliance cycle has 3, 3-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998; the third from January 1, 1999 to December 31, 2001.
NR 809.04 (8) “Comprehensive performance evaluation” or “CPE” means a thorough review and analysis of a treatment plant’s performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant’s capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. For purposes of compliance with this chapter, the comprehensive performance evaluation shall consist consists of at least the following components: Assessment of plant performance; evaluation of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report.
SECTION 4.
NR 809.04 (15) is amended to read: NR 809.04 (15) “CT” or “CTcalc” is the product of the residual disinfectant concentration (C) in mg/l determined before or at the first customer, and the corresponding disinfectant contact time (T) in minutes, i.e., “C” x “T”. If a public water system applies disinfectants at more than one point prior to the first customer, it shall determine the CT of each disinfectant sequence before or at the first customer, to determine the total percent inactivation or “total inactivation ratio.” The inactivation ratio for a single disinfectant sequence is:
where “CTtable” is the CT value required for the target organism and the target level of inactivation as contained in ss. NR 810.47 to 810.61. The sum of the inactivation ratios, or total inactivation ratio for a series of disinfection sequences is: and is calculated by adding together the inactivation ratio for each disinfection sequence. In determining the total inactivation ratio, the water supplier shall determine determines the residual disinfectant concentration of each sequence and corresponding contact time before any subsequent disinfection application points. A total inactivation ratio equal to or greater than 1.0 is assumed to provide the target level of disinfection of the target organism.
SECTION 5.
NR 809.04 (19)(b) is amended to read:NR 809.04 (19) “Disinfectant contact time” (“T” in CT calculations) means the time in minutes that it takes for water to move from the point of disinfectant application or the previous point of disinfectant residual measurement to a point before or at the point where residual disinfectant concentration (“C”) is measured. Where only one “C” is measured, “T” is the time in minutes that it takes for water to move from the point of disinfectant application to a point before or where residual disinfectant concentration (“C”) is measured. Where more than one “C” is measured, “T” is:
