Current through Register Vol. 47, No. 17, September 10, 2024
11.19(1)
Applicability and Definitions
(a) For all
community and non-transient, non-community water systems, the supplier must
comply with the requirements specified in this rule.
(i) For non-transient, non-community water
systems, the supplier is required to comply with the sampling requirements for
fluoride but is not required to comply with the fluoride MCL unless the
Department determines that complying with the MCL is necessary to protect
public health.
(ii) For transient,
non-community water systems, the supplier may be required to comply with the
fluoride MCL if the Department determines that complying with the MCL is
necessary to protect public health.
(b) For the purpose of this rule, "INORGANIC
CHEMICALS" means all the chemicals listed in Table 11.19-I.
11.19(2)
MCL Requirements for Inorganic
Chemicals
(a) The inorganic chemical
MCLs are as follows:
TABLE 11.19-I
INORGANIC CHEMICAL MCLs
|
Chemical
|
MCL (mg/L)
|
Antimony
|
0.006
|
Arsenic
|
0.010
|
Asbestos
|
7 Million Fibers/liter (Longer than 10 µm)
|
Barium
|
2
|
Beryllium
|
0.004
|
Cadmium
|
0.005
|
Chromium
|
0.1
|
Cyanide (as free Cyanide)
|
0.2
|
Fluoride
|
4.01
|
Mercury
|
0.002
|
Nickel
|
N/A2
|
Selenium
|
0.05
|
Thallium
|
0.002
|
1 This is the
primary MCL for fluoride. Fluoride also has a secondary MCL of 2.0
mg/L.
2 Nickel has no MCL. The
supplier must sample for nickel as specified in 11.19(3)(b).
(b) The cited detection limits for
inorganic chemical analysis are specified in
40 CFR
141.23(a)(4)(i).
(c) The BATs for achieving compliance with
the MCLs for inorganic chemicals, with the exception of fluoride, are specified
in 40 CFR
141.62(c).
(d) For systems supplying less than or equal
to ([LESS THAN EQUAL TO]) 10,000 people, the SSCTs for achieving compliance
with the MCL for arsenic are specified in
40 CFR
141.62(d).
11.19(3)
Sampling
Requirements for Inorganic Chemicals
(a)
General Sampling Requirements
for Inorganic Chemicals(i) To
determine compliance with the MCLs for inorganic chemicals, the supplier must
comply with the sampling requirements specified in this section,
11.19(3).
(ii) The supplier may
apply to the Department to sample more frequently than required.
(iii) The Department may:
(A) Require the supplier to sample more
frequently than the minimum requirements specified in this section,
11.19(3).
(B) Require the supplier
to collect a confirmation sample for any sample result.
(C) Invalidate sample results based on
sampling or analytical errors.
(D)
Specify when the supplier must sample during each monitoring period.
(iv) If the system draws water
from more than one source and the sources are combined before distribution, the
supplier must sample during periods of normal operating conditions.
(b)
Sampling
Requirements for Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium,
Cyanide, Fluoride, Mercury, Nickel, Selenium and Thallium
(i) To determine compliance with the MCLs for
antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride,
mercury, selenium and thallium, the supplier must comply with the sampling
requirements specified in this section, 11.19(3)(b).
(A) For nickel, the supplier must comply with
the sampling requirements specified in this section, 11.19(3)(b), and the
requirements specified in 11.19(3)(a).
(ii) For new systems, new sources, or
reclassified systems that now meet the applicability of this rule, the
Department shall specify the initial sampling frequency at each entry point.
The supplier must demonstrate compliance with the MCLs no later than one year
after beginning supplying water to the public or one year after being
reclassified.
(iii) After
completing initial sampling, if the Department requires the supplier to sample
at a routine frequency, the supplier must collect one sample at each entry
point:
(A) For surface water systems,
annually.
(B) For groundwater
systems, once during each three-year compliance period.
(iv) The Department may allow the supplier to
reduce the sampling frequency based on all of the following information:
(A) All previous sample results.
(B) The degree of variation in previous
sample results.
(C) Other factors
which may affect chemical concentrations (e.g., changes in groundwater pumping
rates, the system's configuration, the system's operating procedures, or stream
flows or characteristics).
(v) If any sample result is greater than
(>) the MCL, the supplier must collect a confirmation sample at that entry
point as soon as possible, but no later than 14 days after the original sample
was collected.
(vi) If the average
of any sample result and its confirmation sample result is greater than (>)
the MCL, the supplier must increase the sampling frequency to quarterly at that
entry point.
(A) The Department may allow the
supplier to return to a routine sampling frequency at that entry point if the
Department determines that the sample results are reliably and consistently
below the MCL. To make that determination, the supplier must collect:
(I) For surface water systems, at least four
quarters of samples at the entry point where the exceedance occurred.
(II) For groundwater systems, at least two
quarters of samples at the entry point where the exceedance occurred.
(c)
Sampling Waiver Requirements for Antimony, Arsenic, Barium,
Beryllium, Cadmium, Chromium, Cyanide, Fluoride, Mercury, Nickel, Selenium and
Thallium
(i) The supplier may
apply to the Department or the Department may initiate a sampling waiver from
antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride,
mercury, nickel, selenium and thallium.
(ii) If the Department grants a waiver, the
supplier is not required to sample at the frequencies specified in
11.19(3)(b).
(iii) The Department
may grant a waiver to the supplier if all previous sample results are reliably
and consistently below the MCL. To make that determination, the supplier must
have collected:
(A) For surface water
systems, annual samples for at least three years.
(B) For groundwater systems, samples for at
least three consecutive three-year compliance periods.
(C) For a new source, samples for at least
three monitoring periods.
(iv) For a cyanide waiver, the supplier must
only demonstrate that the system is not vulnerable to cyanide based on the lack
of any industrial source of cyanide.
(v) If the supplier is granted a waiver, the
waiver will be effective for no more than one nine-year compliance cycle. The
supplier must collect at least one sample while the waiver is
effective.
(vi) When the supplier
submits new sample results, or when other relevant data are available, the
Department may revise the required sampling frequency.
(d)
Sampling Requirements for
Asbestos
(i) To determine
compliance with the MCL for asbestos, the supplier must comply with the
sampling requirements specified in this section, 11.19(3)(d).
(ii) For new systems, new sources, or
reclassified systems that now meet the applicability of this rule, the supplier
must begin sampling at a routine frequency when the new system or source begins
supplying water to the public or when the system is reclassified.
(iii) For routine sampling, the supplier must
collect one sample during the first three-year compliance period of each
nine-year compliance cycle at the following locations:
(A) For systems that are vulnerable to
asbestos from corrosion of asbestos-cement pipe, at taps that are supplied by
asbestos-cement pipe under conditions where asbestos contamination is most
likely to occur.
(B) For systems
that are vulnerable to asbestos from source water contamination, at each entry
point.
(C) For systems that are
vulnerable to asbestos from both corrosion of asbestos-cement pipe and source
water contamination, at taps that are supplied by asbestos-cement pipe under
conditions where asbestos contamination is most likely to occur.
(iv) If any sample result is
greater than (>) the MCL, the supplier must collect a confirmation sample at
that sampling location no later than 14 days after the original sample was
collected.
(v) If the average of
any sample result and its confirmation sample result is greater than (>) the
MCL, the supplier must increase the sampling frequency at that sampling
location to quarterly.
(A) The Department may
allow the supplier to return to routine sampling if the Department determines
the sample results at that sampling location are reliably and consistently
below the MCL. To make that determination, the supplier must collect:
(I) For surface water systems, at least four
quarters of samples at the sampling location where the exceedance
occurred.
(II) For groundwater
systems, at least two quarters of samples at the sampling location where the
exceedance occurred.
(e)
Sampling Waiver Requirements
for Asbestos(i) The supplier may
apply to the Department for an asbestos waiver or the Department may initiate
an asbestos waiver.
(ii) The
Department may grant a waiver to the supplier if the system is not vulnerable
to potential asbestos contamination based on all of the following information:
(A) Potential asbestos contamination of the
source water.
(B) The use of
asbestos-cement pipe in the distribution system and the corrosivity of treated
water.
(iii) If the
Department grants an asbestos waiver, the supplier is not required to sample
for asbestos as specified in 11.19(3)(d).
(A)
The waiver is effective for one nine-year compliance cycle.
(f)
Sampling Requirements for Consecutive Systems with Their Own
Sources(i) For consecutive
systems, the Department may modify the inorganic chemical sampling requirements
if the system meets all of the following criteria:
(A) The purchased water enters the
distribution system separate from any source owned by the consecutive
system.
(B) The interconnection of
the systems justifies the modification of sampling requirements.
(ii) The supplier must comply with
the Department-specified schedule.
11.19(4)
Compliance Determination for
Inorganic Chemicals
(a) If the supplier
samples more frequently than annually, MCL compliance is based on the LRAA.
(i) If a confirmation sample is required, the
original sample result will be replaced with the average of the original sample
result and the confirmation sample result when calculating the LRAA.
(A) If the supplier fails to collect the
confirmation sample, the original sample result will be used when calculating
the LRAA.
(ii) If a
sample result is less than (<) the cited detection limit, the sample result
will be given a value of zero when calculating the LRAA.
(b) If the supplier samples annually or less
frequently, MCL compliance is based on each individual sample result, unless a
confirmation sample is required.
(i) If a
confirmation sample is required, compliance is based on the average of the
sample result and its confirmation sample result.
(A) If the supplier fails to collect the
confirmation sample, the original sample result will be used to determine
compliance.
(ii) If the
average of any sample result and its confirmation sample result is greater than
(>) the MCL, the supplier must increase the sampling frequency to quarterly
as specified in 11.19(3)(b)(vi). This average will count as the first quarter
sample result and compliance with the MCL will be based on the LRAA.
11.19(5)
MCL
Violations for Inorganic Chemicals
The following constitute inorganic chemical MCL
violations:
(a) The LRAA at any entry
point is greater than (>) the MCL for any inorganic chemical.
(b) The LRAA, calculated before four
consecutive quarters of samples have been collected at any entry point or
sampling location, is greater than (>) the MCL for any inorganic chemical
regardless of the subsequent sample results.
11.19(6)
Response to MCL Violations for
Inorganic Chemicals
In the event of an inorganic chemical MCL violation, the
supplier must:
(a) Notify the
Department no later than 48 hours after the violation occurs.
(b) Distribute Tier 2 public notice as
specified in 11.33.
11.19(7)
Response to Exceeding the
Secondary MCL for Fluoride
(a) For
community water systems, if a fluoride sample result is greater than (>) the
SMCL of 2.0 mg/L and less than (<) the MCL (4.0 mg/L), the supplier must
distribute public notice as specified in this section, 11.19(7).
(b) The supplier must distribute the public
notice no later than 12 months after the day the supplier learns of the
exceedance.
(i) On a case-by-case basis, the
Department may require the supplier to distribute the public notice sooner than
12 months.
(c) The
supplier must submit a copy of the notice to the Department and all new billing
units and new customers at the time service begins.
(d) If the public notice is posted, the
notice must remain in place for as long as the SMCL is exceeded or seven days,
whichever is longer.
(e) The
supplier must redistribute the notice at least annually for as long as the SMCL
is exceeded.
(i) On a case-by-case basis, the
Department may require the supplier to redistribute the notice more frequently
than annually.
(f) The
public notice, including repeat notices, must comply with the requirements for
Tier 3 public notice as specified in 11.33.
(g) The supplier must include the following
language in the public notice exactly as written and provide the specific
information for the text in brackets:
(i) This
is an alert about your drinking water and a cosmetic dental problem that might
affect children under nine years of age. At low levels, fluoride can help
prevent cavities, but children drinking water containing more than 2 milligrams
per liter (mg/L) of fluoride may develop cosmetic discoloration of their
permanent teeth (dental fluorosis). The drinking water provided by your
community water system [name] has a fluoride concentration of [value] mg/L.
Dental fluorosis, in its moderate or severe forms, may result
in a brown staining and/or pitting of the permanent teeth. This problem occurs
only in developing teeth, before they erupt from the gums. Children under nine
years of age should be provided with alternate sources of drinking water or
water that has been treated to remove the fluoride to avoid the possibility of
staining and pitting of their permanent teeth. You may also want to contact
your dentist about proper use by young children of fluoride-containing
products. Older children and adults may safely drink the water.
Drinking water containing more than 4 mg/L of fluoride (the
Colorado Department of Public Health and Environment's drinking water standard)
can increase your risk of developing bone disease. Your drinking water does not
contain more than 4 mg/L of fluoride, but we're required to notify you when we
discover that the fluoride levels in your drinking water exceed 2 mg/L because
of this cosmetic dental problem.
For more information, please call [name of water system
contact] of [name of community water system] at [phone number]. Some home water
treatment units are also available to remove fluoride from drinking water. To
learn more about available home water treatment units, you may call NSF
International at
1-877-8 -NSF-HELP.