Current through Register Vol. 6, March 22, 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.