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ORR # 2001-005
DEPARTMENT OF ENVIRONMENTAL QUALITY DRINKING WATER AND RADIOLOGICAL PROTECTION DIVISION
SUPPLYING WATER TO THE PUBLIC
Filed with the Secretary of State on May 22, 2002
These rules take effect 7 days after filing with the Secretary of State
(By authority conferred on the department of environmental quality by sections 5, 7, 14, and 19 of 1976 PA 399, MCL 325.1005, 325.1007, 325.1014, and 325.1019, and Executive Reorganization Order
No. 1996-1, MCL 330.3101)
R 325.10604c and R 325.10604f of the Michigan Administrative Code are amended as follows:
PART 6. STATE DRINKING WATER STANDARDS AND ANALYTICAL TECHNIQUES
R 325.10604c MCL for inorganic chemicals.
Rule 604c. (1) Except as specified, the MCLs and effective dates for inorganic chemicals in table 1 of this rule apply to community water systems and nontransient noncommunity water systems. The MCLs for fluoride and arsenic apply only to community water systems. The MCLs for nitrate, nitrite, and total nitrate and nitrite apply to community and noncommunity water systems.
Table 1
Contaminant Maximum Contaminant Level in mg/l
Effective Date
Antimony 0.006 January 17, 1994.
Arsenic 0.05 June 24, 1977.
Asbestos 7 million fibers per liter (longer than 10 um)
July 30, 1992.
Barium 2 January 1, 1993.
Beryllium 0.004 January 17, 1994.
Cadmium 0.005 July 30, 1992.
Chromium 0.1 July 30, 1992.
Cyanide (as free cyanide) 0.2 January 17, 1994.
Fluoride 4 October 2, 1987.
Mercury 0.002 July 30, 1992.
Nickel MCL withdrawn (effective date)
Nitrate (as Nitrogen) 10 July 30, 1992.
Nitrite (as Nitrogen) 1 July 30, 1992.
Total Nitrate and Nitrite (as Nitrogen)
10 July 30, 1992.
Selenium 0.05 July 30, 1992.
Thallium 0.002 January 17, 1994.
(2) Compliance with the MCL requirements of this rule shall be determined based on the analytical results that are obtained at each sampling point as specified in R 325.10710.
(3) For suppliers that conduct monitoring more than once each year, compliance with the MCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium is determined by a running annual average at any sampling point. If the average at any sampling point is more than the MCL, then the system is out of compliance. If any 1 sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any sample that is below the method detection limit shall be calculated at zero for the purpose of determining the annual average.
(4) For suppliers that monitor annually or less frequently, the system is out of compliance with the MCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium if the level of a contaminant at any sampling point is more than the MCL. If a confirmation sample is required by the department, then the determination of compliance will be based on the average of the 2 samples.
(5) Compliance with the MCLs for nitrate and nitrite is determined based on 1 sample if the levels of these contaminants are below the MCLs. If the level of nitrate or nitrite or the combination of nitrate and nitrite is more than the MCLs in the initial sample, then a confirmation sample is required pursuant to the provisions of R 325.10710(9)(b) and (c), and compliance shall be determined based on the average of the initial and confirmation samples.
(6) The department may allow nitrate levels above 10 milligrams per liter but not more than 20 milligrams per liter in a noncommunity water system if the supplier demonstrates, to the satisfaction of the department, all of the following:
(a) A permanent alternate source of water meeting state drinking water standards can not be obtained.
(b) The water will not be available to children under 6 months of age.
(c) Water meeting state drinking water standards, such as bottled water, will be provided to those who request it.
(d) There is continuous posting at all drinking water outlets available to the public that nitrate levels exceed 10 mg/l and the potential health effects of exposure as specified in part 4 of these rules.
(e) Adverse health effects are not documented.
R 325.10604f Treatment techniques for lead and copper.
Rule 604f. (1) Treatment techniques for lead and copper are as follows:
(a) The requirements of this rule constitute the drinking water standards for lead and copper. Unless otherwise indicated, this rule applies to community water systems and nontransient, noncommunity water systems.
(b) These regulations establish a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. These requirements are triggered, in some cases, by lead and copper action levels measured in samples that are collected at consumers' taps.
(c) The lead action level is exceeded if the ninetieth percentile lead level is more than 0.015 milligrams per liter (mg/l) in tap water samples collected during a monitoring period conducted under R 325.10710a.
The copper action level is exceeded if the ninetieth percentile copper level is more than 1.3 mg/l in tap water samples collected during a monitoring period conducted under R 325.10710a.
The ninetieth percentile lead and copper levels shall be computed as follows:
(i) The results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number 1 for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.
(ii) The number of samples taken during the monitoring period shall be multiplied by 0.9.
(iii) The contaminant concentration in the numbered sample yielded by the calculation in paragraph (ii) of this subdivision is the ninetieth percentile contaminant level.
(iv) If a total of 5 samples are collected per monitoring period, the ninetieth percentile is computed by taking the average of the highest and second highest concentrations. If fewer than 5 samples are collected, the ninetieth percentile is the highest concentration in 1 sample for purposes of this rule.
(d) A supplier shall install and operate optimal corrosion control treatment on the system under subrules (2) and (3) of this rule. A system that is in compliance with the applicable corrosion control treatment requirements specified by the department under subrules (2) and (3) of this rule is in compliance with the treatment requirement.
(e) If a system exceeds the lead or copper action level, the supplier shall implement all applicable source water treatment requirements specified by the department under subrule (4) of this rule.
(f) If a system exceeds the lead action level after implementation of applicable corrosion control and source water treatment requirements, the supplier shall complete the lead service line replacement requirements contained in subrule (5) of this rule.
(g) If a system exceeds the lead action level, the supplier shall implement the public education requirements specified in R 325.10410.
(h) Tap water monitoring for lead and copper, monitoring for water quality parameters, source water monitoring for lead and copper, and analyses of the monitoring results under this subrule shall be completed pursuant to R 325.10605, R 325.10710a, R 325.10710b, and R 325.10710c.
(i) A supplier shall report, to the department, the information required by the treatment provisions of this subrule and R 325.10710d.
(j) A supplier shall maintain records under R 325.11506(1)(e).
(k) Failure to comply with the applicable requirements of this rule, R 325.10410, R 325.10710a, R 325.10710b, R 325.10710c, R 325.10605, R 325.10710d, and R 325.11506(1)(e) constitutes a violation of the drinking water standards for lead or copper, as applicable.
(2) Corrosion control treatment steps apply to small, medium-size, and large water systems as follows:
(a) A supplier shall complete the applicable corrosion control treatment requirements described in subrule (3) of this rule by the deadlines established in this rule. The supplier of a large water system (serving more than 50,000 persons) shall complete the corrosion control treatment steps specified in subdivision (d) of this subrule, unless the supplier is considered to have optimized corrosion control under subdivision (b)(ii) or (iii) of this subrule. The supplier of a small water system (serving 3,300 or fewer persons) or a medium-size water system (serving more than 3,300, but fewer than 50,001 persons) shall complete the corrosion control treatment steps specified in subdivision (e) of this subrule unless the supplier is considered to have optimized corrosion control under subdivision (b)(i), (ii), or (iii) of this subrule.
(b) A supplier is considered to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in subrule (3) of this rule if the system is in compliance with 1 of the
criteria specified in paragraphs (i) through (iii) of this subdivision. A supplier which is considered to have optimized corrosion control under this subdivision and which has treatment in place shall continue to operate and maintain optimal corrosion control treatment and meet the requirements that the department determines appropriate to ensure optimal corrosion control treatment is maintained. All of the following provisions apply to being considered to have optimized corrosion control:
(i) A supplier of a small or medium-size water system is considered to have optimized corrosion control if the system is in compliance with the lead and copper action levels during each of 2 consecutive 6-month monitoring periods during which monitoring is conducted under R 325.10710a.
(ii) A supplier may be considered by the department to have optimized corrosion control treatment if the supplier demonstrates, to the satisfaction of the department, that it has conducted activities equivalent to the corrosion control steps applicable to the system under subrule (3) of this rule. Suppliers considered to have optimized corrosion control under this subdivision shall operate in compliance with the department-designated optimal water quality control parameters under subrule (3)(f) of this rule and continue to conduct lead and copper tap and water quality parameter sampling under R 325.10710a(4)(c) and R 325.10710b(4), respectively. A supplier shall provide the department with all of the following information to support a determination under this subdivision:
(A) The results of all test samples collected for each of the water quality parameters specified in subrule (3)(c)(iii) of this rule.
(B) A report that explains the test methods used by the supplier to evaluate the corrosion control treatments listed in subrule (3) of this rule, the results of all tests conducted, and the basis for the supplier's selection of optimal corrosion control treatment.
(C) A report that explains how corrosion control has been installed and how it is being maintained to ensure minimal lead and copper concentrations at consumers' taps.
(D) The results of tap water samples collected under R 325.10710a at least once every 6 months for 1 year after corrosion control has been installed.
(iii) A supplier is considered to have optimized corrosion control for the system if it submits results of tap water monitoring conducted under R 325.10710a and source water monitoring conducted under R 325.10710c that demonstrates, for 2 consecutive 6-month monitoring periods, that the difference between the ninetieth percentile tap water lead level computed under subrule (1)(c) of this rule and the highest source water lead concentration is less than the practical quantitation level for lead. In addition, all of the following provisions apply:
(A) A supplier of a system where the highest source water lead level is below the method detection limit is considered to have optimized corrosion control under this paragraph if the system’s ninetieth percentile tap water lead level is less than or equal to the practical quantitation level for lead for 2 consecutive 6-month monitoring periods.
(B) A supplier considered to have optimized corrosion control under this paragraph shall continue monitoring for lead and copper at the tap not less frequently than once every 3 calendar years using the reduced number of sites specified in R 325.10710a(3) and collecting the samples at times and locations specified in R 325.10710a(4)(d)(iv).
(C) A supplier considered to have optimized corrosion control pursuant to this subdivision shall notify the department, in writing, pursuant to R 325.10710d(a)(iii) of a change in treatment or the addition of a new source. The department may require the supplier to conduct additional monitoring or to take other action the department considers appropriate consistent with the requirements of R 325.10604f(2) to ensure that the supplier maintains minimal levels of corrosion in the distribution system.
(D) As of July 12, 2001, a supplier is not considered to have optimized corrosion control under this subdivision, and shall implement corrosion control treatment pursuant to subparagraph (E) of this paragraph unless it meets the copper action level.
(E) A supplier that is no longer considered to have optimized corrosion control under this subdivision shall implement corrosion control treatment under the deadlines in subdivision (e) of this subrule. The supplier of a large water system shall adhere to the schedule specified in that subdivision for medium-size water systems, with the time periods for completing each step being triggered by the date the supplier is no longer considered to have optimized corrosion control under this subdivision.
(c) If a small or medium-size water system exceeds the lead or copper action level and the supplier is required to perform the corrosion control treatment steps, the supplier may cease completing the treatment steps when the system is in compliance with both action levels during each of 2 consecutive monitoring periods conducted under R 325.10710a and the supplier submits the results to the department. If the system thereafter exceeds the lead or copper action level during a monitoring period, the supplier shall recommence the applicable treatment steps beginning with the first treatment step that was not previously completed in its entirety. The department may require a supplier to repeat treatment steps that were previously completed by the supplier if the department determines that this is necessary to properly implement the treatment requirements of this rule. If a small or medium-size water system exceeds the lead or copper action level, the supplier, including suppliers considered to have optimized corrosion control under subdivision (b) of this subrule, shall implement corrosion control treatment steps under subdivision (e) of this subrule.
(d) Except as provided in subdivisions (b)(ii) and (iii) of this subrule, a supplier of a large water system shall complete all of the following corrosion control treatment steps by the indicated dates:
(i) Step 1: A supplier shall conduct initial monitoring during 2 consecutive 6-month monitoring periods by January 1, 1993.
(ii) Step 2: A supplier shall complete corrosion control studies by July 1, 1994.
(iii) Step 3: By January 1, 1997, a supplier shall install optimal corrosion control treatment as designated by the department.
(iv) Step 4: A supplier shall complete follow-up sampling by January 1, 1998.
(v) Step 5: A supplier shall operate in compliance with the department-specified optimal water quality control parameters and continue to conduct tap sampling.
(e) Except as provided in subdivision (b) of this subrule, the suppliers of small and medium-size water systems shall complete all of the following corrosion control treatment steps by the indicated time periods:
(i) Step 1: A supplier shall conduct initial tap sampling until the system either exceeds the lead or copper action level or becomes eligible for reduced monitoring. The supplier of a system that exceeds the lead or copper action level shall recommend optimal corrosion control treatment within 6 months after the system exceeds 1 of the action levels.
(ii) Step 2: Within 12 months after a system exceeds the lead or copper action level, the department may require the supplier to perform corrosion control studies.
(iii) Step 3: If the department requires a supplier to perform corrosion control studies, the supplier shall complete the studies within 18 months after the department requires that the studies be conducted.
(iv) Step 4: A supplier shall install optimal corrosion control treatment within 24 months after the department designates the treatment.
(v) Step 5: A supplier shall complete follow-up sampling within 36 months after the department designates optimal corrosion control treatment.
(vi) Step 6: A supplier shall operate in compliance with the department-designated optimal water quality control parameters and continue to conduct tap sampling.
(3) A supplier shall complete all the corrosion control treatment requirements described in this subrule that are applicable to the system under subrule (2) of this rule:
(a) Based on the results of lead and copper tap monitoring and water quality parameter monitoring, the suppliers of small and medium-size water systems that exceed the lead or copper action level shall recommend the installation of 1 or more of the corrosion control treatments listed in subdivision (c)(i) of this subrule that the supplier believes constitutes optimal corrosion control for that system. The department may require the supplier to conduct additional water quality parameter monitoring under R 325.10710b(4) to assist the department in reviewing the supplier's recommendation.
(b) When required by the department, the supplier of a small or medium-size water system that exceeds the lead or copper action level shall perform corrosion control studies under subdivision (c) of this subrule to identify optimal corrosion control treatment for the system.
(c) Perform corrosion control studies as follows:
(i) A supplier that performs corrosion control studies shall evaluate the effectiveness of each of the following treatments and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that system:
(A) Alkalinity and pH adjustment.
(B) Calcium hardness adjustment.
(C) The addition of a phosphate or silicate-based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.
(ii) The supplier shall evaluate each of the corrosion control treatments using pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other systems of similar size, water chemistry, and distribution system configuration.
(iii) A supplier shall measure all of the following water quality parameters in tests conducted under this paragraph before and after evaluating the corrosion control treatments listed in paragraph (i)(A) to (C) of this subdivision:
(A) Lead.
(B) Copper.
(C) pH.
(D) Alkalinity.
(E) Calcium.
(F) Conductivity.
(G) Orthophosphate, when an inhibitor containing a phosphate compound is used.
(H) Silicate, when an inhibitor containing a silicate compound is used.
(I) Water temperature.
(iv) The supplier shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and shall document the constraints with 1 or both of the following:
(A) Data and documentation demonstrating that a particular corrosion control treatment has adversely affected other water treatment processes when used by another system with comparable water quality characteristics.
(B) Data and documentation demonstrating that the supplier has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.
(v) A supplier shall evaluate the effect of the chemicals used for corrosion control treatment in other water quality treatment processes.
(vi) On the basis of an analysis of the data generated during each evaluation, a supplier shall recommend, to the department, in writing, the treatment option that the corrosion control studies indicate constitutes optimal
corrosion control treatment for that system. The supplier shall provide a rationale for its recommendation together with all supporting documentation specified in paragraphs (i) to (v) of this subdivision.
(d) Department designation of optimal corrosion control treatment shall be as follows:
(i) Based on consideration of available information, including, where applicable, studies performed under subdivision (c) of this subrule and a supplier's recommended treatment alternative, the department will either approve the corrosion control treatment option recommended by the supplier or will designate alternative corrosion control treatment from the treatment specified in subdivision (c)(i) of this subrule. When designating optimal treatment, the department shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other water quality treatment processes.
(ii) If the department requests additional information to aid its review, the supplier shall provide the information.
(e) Each supplier shall properly install and operate, throughout its distribution system, the optimal corrosion control treatment designated by the department.
(f) All suppliers optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the department, under this subdivision for all samples collected under R 325.10710b(6) through (8). Compliance with the requirements of this subdivision shall be determined every 6 months, as specified under R 325.10710b(6). A system is out of compliance with the requirements of this subdivision for a 6-month period if it has excursions for a department-specified parameter on more than 9 days during the period. An excursion occurs when the daily value for 1 or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the department. The department may delete results of obvious sampling errors from this calculation. Daily values are calculated as follows:
(i) On days when more than 1 measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both.
(ii) On days when only 1 measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.
(iii) On days when a measurement is not collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sample site.
(g) The department's determination of the optimal corrosion control treatment specified in subdivision (d) of this subrule or optimal water quality control parameters may be modified by the department. If a request for modification is by a supplier or other interested person, the request shall be in writing, shall explain why the modification is appropriate, and shall provide supporting documentation. The department may modify its determination where it concludes that a change is necessary to ensure that the supplier continues to optimize corrosion control treatment.
(4) A supplier shall complete the applicable source water monitoring and treatment requirements by the following deadlines:
(a) The deadlines for completing source water treatment steps are as follows:
(i) Step 1: The supplier of a system that exceeds the lead or copper action level shall complete lead and copper source water monitoring and make a treatment recommendation to the department within 6 months after exceeding the lead or copper action level.
(ii) Step 2: If the department requires installation of source water treatment, the supplier shall install the treatment within 24 months after the date of written notification by the department.
(iii) Step 3: The supplier shall complete follow-up tap water monitoring and source water monitoring within 36 months after the date of written notification by the department.
(iv) Step 4: A supplier shall operate a system in compliance with the department-specified maximum permissible lead and copper source water levels and shall continue source water monitoring.
(b) Source water treatment requirements are as follows:
(i) The supplier of a system that exceeds the lead or copper action level shall recommend, in writing, to the department, the installation and operation of 1 of the source water treatments listed in paragraph (ii) of this subdivision. A supplier may recommend that no treatment be installed based on a demonstration that source water treatment is not necessary to minimize lead and copper levels at users' taps.
(ii) If the department determines that source water treatment is needed to minimize lead or copper levels in water that is delivered to users' taps, the department will either require installation and operation of the source water treatment recommended by the supplier or require the installation and operation of another source water treatment from among the following alternatives:
(A) Ion exchange.
(B) Reverse osmosis.
(C) Lime softening.
(D) Coagulation/filtration.
If the department requests additional information to aid in its review, the supplier shall provide the information by the date specified by the department in its request.
(iii) A supplier shall properly install and operate the source water treatment designated by the department under paragraph (ii) of this subdivision.
(iv) A supplier shall maintain lead and copper levels below the maximum permissible concentrations designated by the department at each sampling point monitored under R 325.10710c. A system is out of compliance with this subrule if the level of lead or copper at a sampling point is more than the maximum permissible concentration designated by the department.
(v) Upon its own initiative or in response to a request by a supplier or other interested person, the department may modify its determination of the source water treatment or maximum permissible lead and copper concentrations for finished water entering the distribution system. A request for modification by a supplier or other interested person shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The department may modify its determination where it concludes that a change is necessary to ensure that the supplier continues to minimize lead and copper concentrations in source water.
(5) Lead service line replacement requirements are as follows:
(a) A supplier of a system that exceeds the lead action level in tap samples taken pursuant to R 325.10710a(4)(b) after installing corrosion control or source water treatment, or both, whichever sampling occurs later, shall replace lead service lines under the requirements of this subrule. If a supplier is in violation of subrule (2) or (4) of this rule for failure to install source water or corrosion control treatment, then the department may require the supplier to commence lead service line replacement after the date that the supplier was required to conduct monitoring under R 325.10710a(4)(b).
(b) Annually, a supplier shall replace not less than 7% of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place when the replacement program begins. The supplier shall identify the initial number of lead service lines in its distribution system, including an identification of the portion or portions owned by the system, based on a materials evaluation, including the evaluation required under R 325.10710a(1) and relevant legal authorities, for example, contracts and local ordinances, regarding the portion owned by the system. The first year of lead service line replacement shall begin on the date that the action level was exceeded in tap sampling referenced in subdivision (a) of this subrule.
(c) A supplier is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken under R 325.10710a(2)(c), is less than or equal to 0.015 mg/l.
(d) A supplier shall replace that portion of the lead service line that the system owns. If the system does not own the entire lead service line, the supplier shall notify the owner of the line, or the owner's authorized agent, that the supplier will replace the portion of the service line that it owns and shall offer to replace the owner's portion of the line. A supplier is not required to bear the cost of replacing the privately owned portion of the line, nor is it required to replace the privately owned portion where the owner chooses not to pay the cost of replacing the privately owned portion of the line, or where replacing the privately owned portion would be precluded by state, local, or common law. A supplier that does not replace the entire length of the service line also shall complete both of the following tasks:
(i) Not less than 45 days before commencing with the partial replacement of a lead service line, the supplier shall provide notice to the resident or residents of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The supplier may provide notice under the previous sentence less than 45 days before commencing partial lead service line replacement where the replacement is in conjunction with emergency repairs. In addition, the supplier shall inform the resident or residents served by the line that the supplier will, at the supplier’s expense, collect a sample from each partially replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under R 325.10710a(2)(c), within 72 hours after the completion of the partial replacement of the service line. The supplier shall collect the sample and report the results of the analysis to the owner and the resident or residents served by the line within 3 business days of receiving the results. Mailed notices postmarked within 3 business days of receiving the results are satisfactory.
(ii) The supplier shall provide the information required by paragraph (i) of this subdivision to the residents of individual dwellings by mail or by other methods approved by the department. If multifamily dwellings are served by the line, the supplier shall have the option to post the information at a conspicuous location.
(e) A supplier may cease replacing lead service lines when first-draw samples collected under R 325.10710a(2)(b) meet the lead action level during each of 2 consecutive monitoring periods and the supplier submits the results to the department. If the first-draw samples thereafter exceed the lead action level, the supplier shall recommence replacing lead service lines under subdivision (b) of this subrule.
(f) To demonstrate compliance with subdivisions (a) to (d) of this subrule, a supplier shall report the information specified in R 325.10710d(e) to the department.
