Current through Register Vol. 18, September 20, 2024
(1) The department
adopts and incorporates by reference
40 CFR
141.70, which sets forth general surface water
treatment requirements, with the following changes:
(a)
40 CFR
141.70(b)(1) is modified to read
"It meets the requirements for avoiding filtration in
40 CFR
141.71 as amended in ARM
17.38.208, and the disinfection
requirements in 40 CFR
141.72(a), or."
(b)
40 CFR
141.70(b)(2) is modified to read
"It meets the filtration requirements in
40 CFR
141.73 and in ARM
17.38.205(1)(b)(ii),
and the disinfection requirements in
40 CFR
141.72(a)."
(c)
40 CFR
141.70(c) is modified to read
"Each public water supply system, except a transient noncommunity system, using a
surface water source or a ground water source under the direct influence of surface
water must be operated by qualified personnel who meet the requirements specified in
Title 37, chapter 42, parts 1 through 3, MCA."
(2) The department adopts and incorporates by
reference 40 CFR
141.71, which sets forth requirements for avoiding
filtration, except for the following changes:
(a)
Only surface water sources from watersheds classified as A-Closed in ARM
17.30.621 may be considered for use as
a public water supply source without filtration.
(b) "5 NTU" means "5.0 nephelometric turbidity
units" for the purposes of this subchapter.
(c) The requirements concerning watershed
protection listed in 40 CFR
141.71(b) (2) (i) through
141.71(b) (2)
(iii) are replaced by the following items (i)
through (iii), respectively:
(i) characterize the
watershed hydrology and land ownership by:
(A)
documenting land-ownership areas and specific landowners;
(B) identifying point and non-point sources of
pollution discharge, including roads and drainage ditches;
(C) identifying the location of septic tanks and
other waste disposal facilities and their proximity to surface water; and
(D) producing a documented watershed map depicting
all of the items in (2) (c) (i) through (iii) and assigning a reference number or
other code by which to identify specific areas and impacts.
(ii) identify watershed characteristics and
activities that may have an adverse effect on source water quality by:
(A) documenting activities and specific land uses
in all public areas on the watershed map, including pollution control measures
practiced by the owner-agency and the population of users involved;
(B) identifying activities and improvements on all
private lands (e.g., buildings; grazing or other agricultural uses and numbers of
livestock involved; animal waste management practices; disposal of human wastes;
population involved on a maximum and average-day basis; and use of fertilizers,
pesticides, and herbicides); and
(C)
identifying seasonal, short-term, and year-round impacts.
(iii) monitor the occurrence of activities that
may have an adverse effect on source water quality by:
(A) denoting minimum surveillance, monitoring
methods, and frequency; and
(B) denoting
the agency, contract personnel, or other party responsible for assessing impacts and
the responsible party's qualifications.
(d) The first two sentences in the last paragraph
of 40 CFR
141.71(b)(2)(iii) are replaced
with the following:
At a minimum, the supplier of a public water supply system shall
demonstrate, through land ownership or department-approved written agreements with
landowners within the watershed, or both, that it can control all human activities
that may have an adverse impact on the microbiological quality of the source water
or that may interfere with disinfection treatment. Adverse activities include, but
are not limited to: recreational activities such as swimming, boating, camping,
fishing, hiking, and hunting; and sewage and septic tank discharges. A supplier
shall also demonstrate through land ownership or department-approved written
agreements with landowners within the watershed, or both, that recreational
activities such as fishing, swimming, boating and camping on the terminal water
supply reservoir are prohibited. A terminal water supply reservoir is the area
providing the storage of water immediately prior to treatment and delivery to the
distribution system. A supplier shall control access on roads through land ownership
or department-approved written agreements with landowners within the watershed. A
supplier shall submit an annual report to the department that identifies any special
concerns about the watershed and how the concerns are being addressed, describes
activities in the watershed that affect water quality, and projects the adverse
activities expected to occur in the future and describes how the supplier expects to
address them.
(e) The department
adopts and incorporates by reference
40 CFR
141.171, which sets forth requirements, in
addition to the requirements in 40 CFR 141.71, for avoiding
filtration.
(3) The
department adopts and incorporates by reference
40 CFR
141.72, which sets forth treatment requirements
for public water suppliers that use surface water.
(4) The department adopts and incorporates by
reference the following:
(a)40 CFR 141.43(a)
and (d), which set forth prohibition on use of
lead pipes, solder, and flux;
(b)
40 CFR
141.61(b), which sets forth best
available technologies (BATs) for synthetic and volatile organic
contaminants;
(c)
40 CFR
141.62(c), which sets forth BATs
for inorganic contaminants, and 40 CFR 141.62(d),
which sets forth small system compliance technologies (SSCT) for arsenic;
(d)
40 CFR
141.63(e) and
141.63(f), which set
forth BATs for microbiological contaminants;
(e)
40 CFR
141.64(a)(2),
141.64(b)(1)(ii),
141.64(b)(2)(ii), and
141.64(b)(2)(iii),
which sets forth BATs for disinfection byproducts;
(f)
40 CFR
141.66(g) and
40 CFR
141.66(h), which set forth BATs
and small system compliance technologies (SSCT) for radionuclides,
respectively;
(g)
40 CFR 141.76(a)
and (c), which set forth recycle
provisions;
(h)
40 CFR
141.81, which sets forth the applicability of lead
and copper corrosion control treatment steps to small, medium, and large water
systems;
(i)
40 CFR
141.82, which sets forth a description of the lead
and copper corrosion control requirements;
(j)
40 CFR
141.83, which sets forth lead and copper source
water treatment requirements;
(k)
40 CFR
141.84, which sets forth lead service line
replacement requirements;
(l) 40 CFR
Part 141, Subpart J, which sets forth requirements for the use of non-centralized
treatment devices;
(m) 40 CFR Part 141,
Subpart K, which sets forth treatment technique requirements for acrylamide and
epichlorohydrin;
(n)
40 CFR
141.135, which sets forth treatment technique
requirements for control of disinfection byproduct precursors;
(o)
40 CFR
141.170, which sets forth general treatment
requirements in addition to the requirements in 141.70 for public water suppliers
that use surface water;
(p)
40 CFR
141.173(b), which sets forth
treatment requirements, in addition to the requirements in
40 CFR
141.72, for public water suppliers that use
filtered surface water;
(q)
40 CFR
141.500, which sets forth general treatment
requirements, in addition to the requirements in 141.70, for public water suppliers
that use surface water or GWUDISW and that serve fewer than 10,000 people;
(r)
40 CFR
141.501, which identifies the public water
suppliers that are subject to the requirements of 40 CFR Part 141, Subpart
T;
(s)
40 CFR
141.502 which stipulates the effective date for
the requirements of 40 CFR Part 141, Subpart T, except that "January 14, 2005" is
changed to "January 1, 2005";
(t)
40 CFR
141.503, which stipulates that public water
suppliers that use surface water or GWUDISW and that serve fewer than 10,000 people
must comply with the applicable requirements of 40 CFR Part 141, Subpart
T;
(u)
40 CFR
141.510 and
141.511, which set forth requirements
for construction of finished water storage reservoirs for public water suppliers
that use surface water or GWUDISW and that serve fewer than 10,000 people;
(v)
40 CFR
141.520,
141.521 and
141.522, which stipulate that public
water suppliers that use surface water or GWUDISW, do not provide filtration, and
that serve fewer than 10,000 people must comply with the new watershed protection
requirements of 40 CFR Part 141, Subpart T; and
(w)
40 CFR
141.552, which describes microbiological
contaminant removal efficiencies that public water suppliers must demonstrate to
obtain state approval of alternative filtration technologies.
