The requirements contained in the July 1, 2014, edition of 40 C.F.R. Part 141, Subpart L (Sections 141.130 through 141.135) ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-05604"
http://www.flrules.org/Gateway/reference.asp?No=Ref-05604), are adopted and incorporated herein by reference and are enforceable under this rule. The following are clarifications and additions to the requirements in 40 C.F.R. Part 141, Subpart L. This introductory text shall be effective on July 7, 2015.

1. (1) In 40 CFR 141, subpart L, the term “State” shall mean “Department.” Also, references to section 141.2 shall be interpreted to mean rule 62-550.200, F.A.C.; references to section 141.21 shall be interpreted to mean rule 62-550.518, F.A.C.; references to section 141.23(k)(1) or 141.89(a) shall be interpreted to mean subsection 62-550.550(1), F.A.C.; references to section 141.31 shall be interpreted to mean subsection 62-550.730(1), F.A.C.; references to section 141.32 or 141.202 shall be interpreted to mean rule 62-560.410, F.A.C.; references to section 141.32(e)(78) shall be interpreted to mean subsection 62-560.410(6), F.A.C.; references to section 141.64 or 141.64(a) shall be interpreted to mean paragraph 62-550.310(3)(b), F.A.C.; references to section 141.65 shall be interpreted to mean subsection 62-550.310(2), F.A.C.; references to section 141.74(b)(6)(i) shall be interpreted to mean subsection 62-550.514(1), F.A.C.; references to section 141.74(c)(3)(i) shall be interpreted to mean subsection 62-550.514(1), F.A.C.; references to subpart Q shall be interpreted to mean part IV of chapter 62-560, F.A.C.; and references to section 142.16(h)(5) shall be interpreted to mean subsection 62-550.821(9), F.A.C.

2. (2) For purposes of the compliance dates in 40 CFR 141.130(b) and the disinfection byproduct and residual disinfectant monitoring requirements in 40 CFR 141.132(b), (c), and (f):

   1. (a) The number of persons served by a wholesale system includes the number of persons served by the consecutive systems that receive finished water from the wholesale system; and
   2. (b) Consecutive systems that receive any finished water originating from a subpart H system are considered subpart H systems.
3. (3) 40 CFR 141.130(c) shall be interpreted to mean that suppliers of water who own or operate a CWS or NTNCWS, including either a consecutive CWS or a consecutive NTNCWS, must employ operators licensed under chapter 62-602, F.A.C., to operate the system and staff the system’s water treatment plant(s), if any, in accordance with chapter 62-699, F.A.C.
4. (4) Under 40 CFR 141.132(a), systems shall demonstrate that TTHM and HAA5 samples were taken under normal operating conditions by measuring, and reporting with the results of samples for TTHM and HAA5, the residual disinfectant level at the same points where, and same times when, TTHM and HAA5 samples are taken. These measurements may be performed by any authorized representative of the supplier of water or Department; but measurements for residual chlorine shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, as incorporated into rule 62-160.800, F.A.C., and all other measurements shall be performed using an appropriate method referenced in subsection 62-550.550(1), F.A.C. These measurements shall not be used for determining compliance with the MRDL.

5. (5) For purposes of the TTHM and HAA5 monitoring requirements in 40 CFR 141.132(b)(1), each entry point from a wholesale system to a consecutive system is considered a plant for the consecutive system.

   1. (a) Consecutive systems may request that the Department allow for multiple entry points from a single wholesale system to a single consecutive system to be considered as one plant.
   2. (b) The Department shall approve requests made in accordance with paragraph (a), above, if the consecutive system submits documentation showing that factors such as relative locations of entry points, detention times, sources, and the presence of treatment (such as corrosion control or booster disinfection) will not have a significant differential effect on TTHM and HAA5 formation associated with individual entry points.
6. (6) 40 CFR 141.132(b)(1)(v) shall be interpreted to mean that, in addition to allowing systems on increased monitoring to return to routine monitoring under 40 CFR 141.132(b)(1)(iv), the Department shall allow systems on increased monitoring to return to routine monitoring if their TTHM quarterly averages and HAA5 quarterly averages are less than or equal to the MCL for four consecutive quarters.
7. (7) Under 40 CFR 141.131(c)(2), the use of DPD colorimetric test kits to measure residual chlorine, chloramines, or chlorine dioxide is approved per subsection 62-550.550(1), F.A.C.
8. (8) Under 40 CFR 141.131(b)(3), (c)(3), and (d), operators licensed under chapter 62-602, F.A.C., and persons under the direct supervision of a licensed operator, as well as laboratories certified by the Department of Health, are approved to measure alkalinity, bromide, chlorite (only at entrances to distribution systems), pH, residual disinfectant concentration, specific ultraviolet absorbance, and total organic carbon. Refer to subsection 62-550.550(1), F.A.C.

9. (9) Under 40 CFR 141.132(a)(2), the Department shall approve reduced TTHM and HAA5 monitoring by allowing systems to consider multiple plants treating water from multiple wells completed in the same aquifer as one treatment plant if:

   1. (a) The plants are applying the same disinfectant(s); and
   2. (b) The system submits a hydrogeological evaluation that is prepared under the supervision of a professional geologist or engineer registered in Florida and that indicates the wells are completed in, and drawing water from, the same aquifer and indicates the characteristics (including the total organic carbon level and, if ozone is being used to treat the water, bromide level) of the water from each well are enough alike to conclude disinfection byproduct formation will be similar.
10. (10) Under 40 CFR 141.132(f), all subpart H systems shall submit a copy of their monitoring plan to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department no later than the date of the first report required under 40 CFR 141.134. All other systems shall make their monitoring plan available for review during sanitary surveys conducted by the Department and shall submit their monitoring plan if requested by the Department.

11. (11) The monitoring plans required under 40 CFR 141.132(f) shall be prepared in a format containing all the following information:

    1. (a) A cover page identifying the system and providing relevant general information, including:

       1. The system name and PWS identification number;

       2. A contact person and phone number;

       3. The system type (community, non-transient non-community, or transient non-community system);

       4. The number and type of water sources and water treatment plants; and

       5. The population served by the system when including the population served by any consecutive systems that receive water from the system.

    2. (b) For subpart H systems using conventional filtration treatment, a summary of the system’s enhanced coagulation or softening performance requirements. If applicable, a copy of the most recent Department approval of Step 2 TOC removal requirements shall be attached to the monitoring plan.

    3. (c) A summary of the residual disinfectant, disinfection byproduct, and disinfection byproduct precursor monitoring that is required of the system. If applicable, a copy of the following Department approvals shall be attached to the monitoring plan:

       1. Department approval allowing the system to consider multiple plants treating water from multiple wells completed in the same aquifer as one treatment plant;

       2. If the system is a consecutive system, Department approval allowing the system to consider multiple entry points from a single wholesale system as one plant.

    4. (d) For subpart H systems using conventional filtration treatment, a schematic drawing of each of the system’s plants that use conventional treatment to treat surface water or ground water under the direct influence of surface water. Each schematic drawing shall show:

       1. The water source(s);

       2. Each unit process of each treatment train and each chemical application point; and

       3. Sampling locations identified and numbered (e.g., T-1, T-2, etc.).

    5. (e) A schematic drawing of the system’s distribution system. The schematic drawing shall show:

       1. Entry points to the distribution system (i.e., water treatment plants and, if the system is a consecutive system, entry points from wholesale systems);

       2. Finished water storage facilities and booster chlorination facilities; and

       3. Sampling locations identified and numbered (e.g., D-1, D-2, etc.).

    6. (f) A summary of typical distribution system operating characteristics explaining, on a seasonal basis if necessary, how water sources are used and water treatment plants are operated to meet demands on the system and where average and maximum water residence times are expected to occur in the distribution system.
    7. (g) Schedules for collecting all required samples. The schedules shall identify sampling times, sampling locations, sample handling and preservation requirements, and whether samples will be analyzed on site by either a licensed operator or a person under the direct supervision of a licensed operator or will be analyzed at a certified laboratory. Also, the schedules shall address both routine and reduced monitoring frequencies.
    8. (h) The method for calculating compliance with applicable maximum residual disinfectant levels, maximum contaminant levels, and treatment technique requirements.

12. (12) This subsection replaces 40 CFR 141.134 and discusses reporting requirements for disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors.

    1. (a) Systems and laboratories shall report results of required measurements for chlorine or chloramines, and results of required disinfection byproduct analyses conducted by certified laboratories, in accordance with subsections 62-550.730(1) and (2), F.A.C. In addition, systems described in paragraphs (b) through (d), below, shall report the summary information described in paragraphs (b) through (d). (For other systems, the Department will perform calculations and determine whether MRDLs or MCLs were exceeded.) Systems required to report under paragraphs (b) through (d), below, shall report to the appropriate Department of Environmental Protection District Office or Approved County Health Department within ten days after the end of each quarter in which samples were collected.

    2. (b) Systems serving more than 4,900 persons, and systems using chlorine dioxide, shall report a summary of results of measurements for disinfectant residuals in a format including all of the following information:

       1. The system name and PWS identification number.

       2. A contact person and phone number.

       3. The information listed in 40 CFR 141.134(c) except that:

       a. Systems monitoring for chlorine or chloramines also shall include the location, date, and result of each sample taken during the last quarter.

       b. In addition to including the date, result, and location of each sample taken during the last quarter, systems monitoring for chlorine dioxide shall include the name of the person who collected each sample, the date of analysis of each sample, the name and certification number of the laboratory that analyzed each sample or the name and license number of the operator responsible for analysis of each sample, and the analytical method used for each sample and shall identify each sample as to whether it is an entry point sample or a distribution system sample.

    3. (c) Subpart H systems serving 500 or more persons, systems using only ground water not under the direct influence of surface water and serving 10,000 or more persons, and systems using chlorine dioxide shall report a summary of results of analyses for disinfection byproducts in a format including all of the following information:

       1. The system name and PWS identification number.

       2. A contact person and phone number.

       3. The information listed in 40 CFR 141.134(b) except that:

       a. In addition to including the location, date, and result of each sample taken during the last monitoring period, systems monitoring for TTHM and HAA5, chlorite, or bromate shall include the name of the person who collected each sample, the date of analysis of each sample, the name and certification number of the laboratory that analyzed each sample, and the analytical method used for each sample.

       b. In addition to including the location, date, and result of each sample taken during the last monitoring period, systems monitoring for TTHM and HAA5, chlorite, or bromate shall include the name of the person who collected each sample, the date of analysis of each sample, the name and certification number of the laboratory that analyzed each sample, and the analytical method used for each sample.

       c. Systems monitoring for TTHM and HAA5 also shall identify each sample as to whether it was taken at a location representing maximum residence time in the distribution system or at a location representing average residence time in the distribution system and shall report the residual chlorine or chloramine level measured at the same point where, and same time when, each sample was taken.

       d. Systems monitoring for chlorite also shall identify each sample as to whether it is an entry point sample or a distribution system sample.

    4. (d) Subpart H systems using conventional filtration treatment shall report a summary of results of measurements for disinfection byproduct precursors and enhanced coagulation or softening in a format including all of the following information:

       1. The system name and PWS identification number and the water treatment plant name.

       2. A contact person and phone number.

       3. The information listed in 40 CFR 141.134(d) except that:

       a. In addition to including the location, date, and results of each paired TOC and source-water alkalinity sample taken during the last quarter, systems monitoring for TOC shall include the name of the person who collected each sample, the date of analysis of each sample, the name and certification number of the laboratory that analyzed each sample or the name and license number of the operator responsible for analysis of each sample, and the analytical method used for each sample.

       b. Calculations for determining compliance with Step 1 or 2 TOC removal requirements shall be presented in a table similar to Tables 4-3 through 4-6 in the U.S. Environmental Protection Agency’s (USEPA’s) Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual, which is incorporated herein by reference and is available from the USEPA, Office of Ground Water and Drinking Water (4601), Ariel Rios Building, 1200 Pennsylvania Avenue Northwest, Washington, DC 20460-0003.

       c. Systems monitoring for SUVA, treated-water alkalinity, or magnesium hardness removal shall include the location, date, and result of each sample that was taken during the last quarter plus the name of the person who collected each sample, the date of analysis of each sample, the name and certification number of the laboratory that analyzed each sample or the name and license number of the operator responsible for analysis of each sample, and the analytical method used for each sample.

13. (13) Under 40 CFR 141.135(b), systems practicing enhanced softening are not required to apply to the Department for Step 2 TOC removal requirements. Enhanced softening systems that are unable to meet the alternative compliance criteria in section 141.135(a)(2) and (3) and that are unable to meet the Step 1 TOC removal requirements may apply to the Department for a waiver of enhanced softening requirements.

    1. (a) Applicants for a waiver shall submit to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department results of bench- or pilot-scale testing conducted in accordance with section 3.3 of the U.S. Environmental Protection Agency’s Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual, which is incorporated herein by reference and is available from the source indicated in sub-subparagraph 62-550.821(12)(c)3.b., F.A.C.
    2. (b) The Department shall grant waivers if the test results required by paragraph (a) above show that the applicant is unable to meet the alternative compliance criteria in 40 CFR 141.135(a)(2) and (3) and is unable to meet the Step 1 TOC removal requirements.
14. (14) This subsection supplements 40 CFR 141.135(b)(3). The Department shall approve Step 2 TOC removal requirements submitted by a system if the system’s application includes the information discussed in 40 CFR 141.135(b)(4) and (15) below and if all alternative TOC removal percentages are determined in accordance with 40 CFR 141.135(b)(4) and section 3.2 of the U.S. Environmental Protection Agency’s Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual, which is incorporated herein by reference and is available from the source indicated in sub-subparagraph 62-550.821(12)(c)3.b., F.A.C.
15. (15) This subsection supplements 40 CFR 141.135(b)(4). Applications made to the Department for approval of Step 2 TOC removal requirements shall include a table of Step 2 removal requirements that is similar in format to the table of Step 1 TOC removal requirements in 40 CFR 141.135(b)(2). The Step 2 table shall address the same source-water TOC/alkalinity ranges as addressed in the Step 1 table. Also, in each source-water TOC/alkalinity range, the required Step 2 TOC removal percentage shall remain the same as the Step 1 TOC removal percentage unless the application includes test results as described in 40 CFR 141.135(b)(4) supporting an alternative TOC removal percentage for that specific TOC/alkalinity range.

16. (16) 40 CFR 141.135(b)(4)(v) is supplemented by the following:

    1. (a) Systems applying for a waiver of enhanced coagulation requirements shall submit to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department results of bench- or pilot-scale testing conducted in accordance with 40 CFR 141.135(b)(4) and Section 3.2 of the U.S. Environmental Protection Agency’s Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual, which is incorporated herein by reference and is available from the source indicated in sub-subparagraph 62-550.821(12)(c)3.b., F.A.C.
    2. (b) The Department shall grant waivers of enhanced coagulation requirements if the test results required by paragraph (a), above, show that the TOC removal from the applicant system’s water is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose (as aluminum) at all dosages of alum (or equivalent addition or iron coagulant).
17. (17) In the event of an acute violation of the maximum residual disinfectant level for chlorine dioxide, the supplier of water shall notify the public and the Department in accordance with rule 62-560.410, F.A.C., as soon as practicable but no later than 24 hours after learning of the violation.

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.0877, 403.852(12), 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 11-27-01, Amended 11-28-04, 1-17-05, 12-30-11, 7-7-15, 2-26-25.