Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-11 - REGULATION NO. 11 - COLORADO PRIMARY DRINKING WATER REGULATIONS
Section 5 CCR 1002-11.54 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: August 10, 2009 rulemaking; Effective Date December 1, 2009

Current through Register Vol. 47, No. 5, March 10, 2024

Adoption of Revisions to Article 8 - Lead and Copper Control, with amendments to Articles 5, 6, 7, 9, 10 and 13 of the Colorado Primary Drinking Water Regulations.

The Colorado Revised Statutes (CRS), § 25-1.5-202, provide specific authority for adoption of these regulatory amendments. The Commission also adopted, in compliance with § 24-4-103(4), CRS, the following statement of basis and purpose.

BASIS AND PURPOSE

All suppliers of drinking water in Colorado are subject to regulations adopted by the U.S. Environmental Protection Agency (EPA) under the Safe Drinking Water Act, (42 U.S.C. 300f et seq.) as well as by the Colorado Primary Drinking Water Regulations under the direction of the Water Quality Control Division (Division). Colorado has been granted primary enforcement responsibility (primacy) for the public water system supervision program under the federal Safe Drinking Water Act. However, in order to maintain primacy, states must also promulgate new regulations that are no less stringent than those adopted by the federal government. By retaining primacy, the Division is able to protect the public health by ensuring that public water systems provide safe drinking water to Colorado citizens and visitors.

The Commission amended Article 8, with minor amendments to Article 9 of the Colorado Primary Drinking Water Regulations to include:

- The provisions of the federal regulations as published in the Federal Register, Volume 72, Number 195, October 10, 2007, pages 57782 through 57820, National Primary Drinking Water Regulations for Lead and Copper: Short-Term Regulatory Revisions and Clarifications.

These amendments to Article 8 and Article 9 are summarized as follows:

- Revision to the minimum number of samples required

- 8.2(c)(1) - Language was added to clarify that systems that have less than five taps are required to sample twice at one or more taps to meet the required number of sites.

- Revision concerning definitions for compliance and monitoring periods

- 8.2(d)(4)(vi)(B) - Language was added which states that a large system would trigger two six-month periods of sampling if a lead action level exceedance occurred as well as a water quality parameter failure.

- Revisions concerning reduced monitoring criteria

- 8.2(d)(4) Language was added to clarify that systems start the annual sampling during the calendar year immediately following the end of the six month sampling.

- 8.2(d)(4)(ii) Language was also added requiring systems serving >50,000 to meet the lead action level as well as maintain water quality ranges in order to move to a reduced schedule.

- 8.2(d)(4)(iii) Language was added regarding the requirement that systems on a three year schedule must sample every three years.

- Revisions concerning consumer notice of lead tap water monitoring results

- 8.9(d)(2) This section requires all systems (whether they exceeded the action levels or not) to send a consumer notice of tap water monitoring results to the individuals that had their tap water tested for lead and copper compliance monitoring.

- 9.1.4(d) There is new required health information in every Consumer Confidence Report that contains mandatory language regarding lead.

- Revisions concerning public education requirements

- 8.9 The revision has struck most of the mandatory language and allows systems to author their own public education materials. The revision allows for Department pre-approval of public education materials before distribution. The revision requires submittal of the material to the Department before distribution.

- 8.9(b)(1) The Department must determine whether or not there is a large portion of non-English speaking persons within a system.

- 8.9(b)(2) Language was added specifying the end of the monitoring period as being the date from which the 60-day public education deadline starts.

- 8.9(b)(2)(ii) Systems must contact local health agencies, in person or by phone, in order to obtain a list of target organizations.

- 8.9(b)(3) Allowance for an extension for new public education delivery requirements. Extensions can be given if requested prior to the 60 day deadline.

- Revisions concerning public water system reporting requirements

- 8.10 Requires that systems report all of their lead and copper tap water results by the 10th of the month following the monitoring period.

- 8.10 Requires that changes in new sources and long term treatment changes to be reported to the Department as early as possible.

- Revisions concerning reevaluation of lead service lines

- 8.8(b)(2) Language was added regarding a system resuming the lead service line replacement program. The system must reassess the number of lead lines to include lead lines that were opted out previously because of sampling results. It divides the number of lead lines left by the number of years left in the program to obtain the amount needed to be replaced per year.

These amendments provide more effective protection of public health by reducing exposure to lead in drinking water and by strengthening the implementation of lead and copper control in the following areas: monitoring, treatment processes, public education, customer awareness, and lead service line replacement.

Additionally, the public health is served by a rule that is clear and as easy to read and understand as possible. Therefore, the Commission further amended multiple Articles of the Colorado Primary Drinking Water Regulations to include:

- Revisions to Article 8 to rearrange the order and flow of the sections to provide clarity

- Revisions to Article 8 and Article 10 to update references and to include cross referencing titles where this provides clarity.

- Numerous minor changes removing obsolete references and definitions that are not used within the regulation, and correction of identified spelling and typographical errors. The removal of obsolete references includes the removal of section 13.1 . The Commission adopted section 13.1 in the July 14, 2008 rulemaking hearing to delay the effective date of the new groundwater rule provisions contained in 13.1, 13.3 and 13.4. The Commission's actions during this hearing will become effective December 1, 2009; accordingly section 13.1 is no longer necessary as compliance with these provisions will be required upon that effective date.

- Other identified changes include the following:

5.4(a) the words "have a certified laboratory" are added concerning fecal coliforms/ escherichia coli (E. coli) testing

6.1.3 is amended to clarify compliance with Maximum Contaminant Levels and Maximum Contaminant Level Goals for Inorganic Chemical Contaminants

7.5.1 removes the reference to 7.5.4 since this section does not exist and adds the words "and the requirements of section 1.6.3(j)"

- Sections 7.7 and 7.8 are amended to remove the word "you" and replace it with "the system"

9.1.2 replaces the words "sells" with "delivers", "buyer" with "consecutive", "seller" with "wholesaler", and "purchaser" with "consecutive"

9.1.3(b)(1)(ii) adds the word "general"

- "Table 10-10 Cited Detection Limits for Volatile Organic Chemical Contaminants" is added

- Changes to Articles 1, 9, and 13 related to the Groundwater Rule. The following changes are required to assure that Colorado regulations are at least as stringent as the federal regulations in order to maintain primary enforcement authority:

1.6.3(o)(2) corrects reference to public notification requirements to include 9.1.3(h) and 9.2.13.

9.2.3(a)(4) Table 9-5 corrects Tier 2 public notice reference to include 13.4(b).

9.2.4(a)(6) Table 9-6 corrects Tier 3 public notice reference to include all of 13.4 and 11.4.

9.2.13 adds public notice requirements for non-community groundwater systems.

- Table 9-7 I.A.11 corrects violation citations to include 13.4(a), 13.4(b) and 11.4 as treatment technique violations with Tier 2 public notice. Also corrects violation citations to include 11.4 as a monitoring violation with Tier 3 public notice.

13.4(c)(3) adds reference to include 11.4(b).

13.4(b) adds a requirement that systems that are subject to compliance monitoring requirements will incur a treatment technique violation when a failure to provide 4-log treatment of viruses is not corrected within four hours.

PARTIES TO THE RULEMAKING