— Modify, add, and clarify groundwater well design including siting, construction, rehabilitation, reconstruction, and abandonment.
— Modify, add, and clarify groundwater and surface water treatment facility design including construction, reconstruction, treatment technologies, facility layout, equipment, piping, storage, and disposal of waste.
— Modify, add, and clarify finished water storage design including siting, construction, rehabilitation, reconstruction, and decommissioning.
— Modify, add, and clarify distribution and transmission system design including separation distance to potential contamination sources, installation, construction, location of appurtenances, rehabilitation technologies, testing, and abandonment.
— Modify, add, and clarify drinking water system building construction requirements.
— Modify, add, and clarify source water quality treatment requirements.
— Modify, add, and clarify exemptions or alternative code requirements for other-than-municipal (OTM) community drinking water systems.
— Remove code requirements that may be conflicting or are no longer applicable.
— Address grammatical errors and inconsistencies.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
The U.S. Environmental Protection Agency (EPA) granted Wisconsin primary enforcement authority (primacy) for the federal Safe Drinking Water Act, which Wisconsin does through creation, maintenance, and enforcement of state statutes and administrative rules governing safe drinking water. As a primacy state, Wisconsin must enforce state regulations that assure that the design and construction of new or modified public water system facilities will be capable of compliance with the state primary drinking water regulations. (40 C.F.R. § 142.10(b)(5)). 7. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope:
The department held a virtual preliminary public hearing on the statement of scope on June 7, 2021. Thirteen members of the public attended the preliminary public hearing. No attendees provided testimony at the hearing. Comments were accepted through June 9, 2021. No written comments were received.
8. Comparison with Similar Rules in Adjacent States:
The four surrounding states use the Great Lakes – Upper Mississippi River Board of State and Provincial Public Health and Environmental Manager Recommended Standards for Water Works (10 States Standards) as the regulatory requirements for community water systems. Wisconsin does not use the 10 States Standards directly for regulatory requirements, but many sections of ch. NR 811, Wis. Adm. Code, have similar requirements to the 10 States Standards. The proposed revisions to ch. NR 811, Wis. Adm. Code, generally include adopting requirements from the 10 States Standards. A brief comparison with the four states surrounding Wisconsin – Illinois, Michigan, Iowa, and Minnesota – is provided below on the most substantive changes proposed in these rule revisions.
— The surrounding states, through the 10 States Standards, require that the total developed groundwater source capacity shall equal or exceed the design maximum day demand with the largest producing well out of service. For apartment units, condominium units, and manufactured (mobile) homes it is difficult to determine the maximum day demand. The department is proposing that the minimum pumping capacity for apartment units, condominium units, and manufactured (mobile) homes be 1 gallon per minute per living unit, which is generally deemed adequate capacity by department experience and industry standards.
— The surrounding states regulate nitrate treatment systems through the treatment requirements listed in the 10 States Standards. The existing and proposed rules for nitrate treatment in ch. NR 811, Wis. Adm. Code, largely follow the requirements listed in the 10 States Standards. However, the department is proposing to add a requirement that nitrate treatment or blending systems be provided with a continuous nitrate analyzer to ensure that entry point water is continuously meeting the maximum contaminant level for nitrate, which is an acute drinking water contaminant. This additional protection is not part of surrounding states’ regulations but will provide additional protections for water consumers in Wisconsin. — The surrounding states regulate packed tower aeration design with the requirements listed in the 10 States Standards. Wisconsin currently does not have specific design requirements for packed tower aeration systems and is proposing to adopt the requirements listed in the 10 States Standards.
— The surrounding states regulate pressure filtration design with the requirements listed in the 10 States Standards. Wisconsin currently does not have specific design requirements for pressure filtration systems and is proposing to adopt the requirements listed in the 10 States Standards.
— The surrounding states regulate anion exchange system design with the requirements listed in the 10 States Standards. Wisconsin currently does not have specific design requirements for anion exchange systems and is proposing to adopt the requirements listed in the 10 States Standards.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Many of the rule revisions simplify, clarify, and streamline rule language. Data and methodologies used to support substantive changes include:
— A series of four preliminary stakeholder meetings where the department gathered input from water systems, consultants, and industry professionals.
— Virtual meetings with two major chemical suppliers in Wisconsin where the department gathered information regarding industry standards for chemical addition and storage.
— A call with a tank installer to discuss proposed tank design requirement changes and the associated cost.
— Review of other regulatory requirements and industry standards, including:
— American Water Works Association, AWWA Standard: Water Wells, A100-20, July 1, 2020.
— ASTM International, Standard Specification for Blended Hydraulic Cements, ASTM C595, December 31, 2010.
— Great Lakes - Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, Recommended Standards for Water Works (10 States Standard), 2018 ed.
— NSF International Standard / American National Standard, Drinking Water System Components – Health Effects, NSF/ANSI 61 – 2022, March 15, 2022.
— NSF International Standard / American National Standard, Ultraviolet Microbiological Water Treatment Systems, NSF/ANSI 55 – 2021, August 13, 2021.
— U.S. EPA, Membrane Filtration Guidance Manual, EPA 815-R-06-009, Nov. 2005.
— U.S. EPA, Ultraviolet Disinfection Guidance Manual, EPA 815-D-03-007, June 2003.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
The proposed revisions generally allow greater flexibility for small water systems throughout the state, which is anticipated to decrease the cost of compliance for those water systems. Specifically, allowing a minimum of 1 gallon per minute of capacity for apartment units, condominium units, and manufactured (mobile) homes is substantially less capacity than what is currently required by s. NR 811.29, Wis. Adm. Code. In many cases, this lower capacity will save other-than-municipal community water systems money by eliminating the need for drilling additional wells. Additionally, the rule revision will require other-than-municipal community water systems to have an approved chemical injection tap, rather than owning all the equipment necessary to disinfect the water. This is expected to decrease the cost for other-than-municipal community water systems to meet code requirements.
The department received two comments regarding the cost estimates included in the EIA from community water systems. The department considered these comments, and the comments did not result in revision to the EIA.
11. Effect on Small Business (initial regulatory flexibility analysis):
The majority of small businesses impacted by the rule are other-than-municipal community water systems. There are currently 423 other-than-municipal community water systems in Wisconsin. Most of the rule revisions that will affect other-than-municipal community water systems allow for additional exceptions or flexibility in meeting the requirements of ch. NR 811, Wis. Adm. Code. Examples include decreasing the required minimum source capacity to 1 gallon per minute per living unit for apartment units, condominium units, and manufactured (mobile) homes and no longer requiring small 6-inch diameter wells be tested for plumbness and alignment. The only anticipated additional costs is the result of requiring that when other-than-municipal community water systems install nitrate removal treatment system, they must also install continuous nitrate analyzers. Over the past 10 years, only one other-than-municipal community water system has installed a nitrate removal system and the department does not anticipate an increase in frequency of nitrate removal system installations in the next 10 years. See the Economic Impact Analysis form for additional details and a cost analysis regarding this rule change.
12. Agency Contact Person:
Theera Ratarasarn, P.E., Bureau of Drinking and Groundwater – DG/5
Department of Natural Resources
101 S. Webster Street
Madison, WI 53707
(608) 228-0555
13. Place where comments are to be submitted and deadline for submission:
A public comment period was held November 7 to December 14, 2022, with a public hearing on December 7, 2022.
The consent of the Attorney General will be requested for the incorporation by reference of:
— American Water Works Association, AWWA Standard: Water Wells, A100-20, July 1, 2020.
— NSF International Standard / American National Standard, Drinking Water System Components – Health Effects, NSF/ANSI 61 – 2022, March 15, 2022.
— U.S. EPA, Membrane Filtration Guidance Manual, EPA 815-R-06-009, Nov. 2005.
— NSF International Standard / American National Standard, Ultraviolet Microbiological Water Treatment Systems, NSF/ANSI 55 – 2021, August 13, 2021.
— U.S. EPA, Ultraviolet Disinfection Guidance Manual, EPA 815-D-03-007, June 2003.
RULE TEXT
Section 1 NR 811.01 is amended to read:
NR 811.01 This chapter governs the general operation, design and construction of community water systems and the construction of any water system serving 7 or more single family homes, 10 or more duplex living units, 10 or more mobile homes, 10 or more condominium units or 10 or more apartment units. One duplex equals 2 living units. The standards for design and construction shall be considered minimum standards for new facilities and the minimum standards to which facilities in existence on December 1, 2010, existing facilities shall be upgraded when improvements are undertaken at those facilities except for systems where all of the living units are owned by a single owner and the owner provides information indicating that less than 25 year−round residents will be served. These standards may be imposed on a case−by−case basis to facilities in existence on December 1, 2010,existing facilities when the department determines that a health risk exists due to the water system. The owner shall be responsible for ensuring that the requirements of this chapter are met.
Section 2 NR 811.02 (1) is renumbered NR 811.02 (1r)
Section 3 NR 811.02 (1g), (19m), (29m), (37d), (37h), (37p), (37t), (38m), (46m), (63m) and (64m) are created to read:
NR 811.02 (1g) “Air gap” means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank or plumbing fixture and the flood level rim or spill level of the receptacle.
(19m) “Dimension ratio” means the specified outside diameter of the pipe divided by the specified minimum wall thickness.
(29m) “Frazil ice” means ice formed in supercooled water as small particles moving turbulently enough to prevent the formation of a sheet of ice.
(37d) “Intake structure” means a structure located at the end of a surface water intake intended to collect and divert raw water from a surface water source into a raw water transmission pipe or channel for the purpose of a surface water supply. An intake structure may include provisions for exclusion of debris from the intake pipe.
(37h) “Interconnection” means the connection between 2 public water systems that allows for the transfer of water between each system.
(37p) “Jar test” means a laboratory procedure that simulates a water treatment plant's coagulation or flocculation units with different chemical doses and energy of rapid mix, energy of slow mix, and settling time.
(37t) “Landfill” means a solid waste facility for solid waste disposal.
