5 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2004-012

 

DEPARTMENT OF ENVIRONMENTAL QUALITY WATER DIVISION

SUPPLYING WATER TO THE PUBLIC

 

Filed with the Secretary of State on

These rules take effect 7 days after filing with the Secretary of State

 

(By authority conferred on the department of environmental quality by section 5 of 1976 PA 399, MCL 325.1005, and Executive Reorganization Order 1996-1, MCL 330.3101)

 

R 325.10308b of the Michigan Administrative Code is amended and R 325.10313 is added to the Code as follows:

 

PART 3. VARIANCES AND, EXEMPTIONS, AND TREATMENT TECHNOLOGIES

 

R 325.10308b Best available technology.

Rule 308b. (1) The department identifies the following as the best technology, treatment technique, or other means generally available for achieving compliance with the MCL:

(a)     For organic contaminants that are referenced in R 325.10604b and R 325.10604d, the best available technologies, treatment techniques, or other means available for achieving compliance with the MCLs are granular activated carbon (GAC), packed tower aeration (PTA), or oxidation (OX), as listed in table 1 of this rule.

 

Table 1 Best available technologies for organic contaminants

 

Contaminant	GAC	PTA	OX
Alachlor	x
Aldicarb	x
Aldicarb sulfone	x
Aldicarb sulfoxide	x
Atrazine	x
Benzene	x	x
Benzo(a)pyrene	x
Carbofuran	x
Carbon tetrachloride	x	x
Chlordane	x
Dalapon	x
2,4-D	x
Di (2-ethylhexyl)adipate	x	x
Di (2-ethylhexyl)phthalate	x

 

 

Contaminant	GAC	PTA	OX
Dibromochloropropane (DBCP)	x	x
o-Dichlorobenzene	x	x
para-Dichlorobenzene	x	x
1,2-Dichloroethane	x	x
1,1-Dichloroethylene	x	x
cis-1,2-Dichloroethylene	x	x
trans-1,2-Dichloroethylene	x	x
Dichloromethane		x
1,2-Dichloropropane	x	x
Dinoseb	x
Diquat	x
Endothall	x
Endrin	x
Ethylbenzene	x	x
Ethylene Dibromide (EDB)	x	x
Glyphosate			x
Heptachlor	x
Heptachlor epoxide	x
Hexachlorobenzene	x
Hexachlorocyclopentadiene	x	x
Lindane	x
Methoxychlor	x
Monochlorobenzene	x	x
Oxamyl (Vydate)	x
Pentachlorophenol	x
Picloram	x
Polychlorinated biphenyls(PCB)	x
Simazine	x
Styrene	x	x
2,3,7,8-TCDD (Dioxin)	x
Tetrachloroethylene	x	x
Toluene	x	x
Toxaphene	x
2,4,5-TP (Silvex)	x
1,2,4-Trichlorobenzene	x	x
1,1,1-Trichloroethane	x	x
1,1,2-Trichloroethane	x	x
Trichloroethylene	x	x
Vinyl chloride		x
Xylene	x	x

 

(b)     For inorganic contaminants that are referenced in R 325.10604c, the best available technologies, treatment techniques, or other means available for achieving compliance with the MCLs are listed in table 2 of this rule. The affordable technology, treatment technique, or other means available to supplies serving 10,000 or fewer people for achieving compliance with the maximum contaminant level for arsenic are listed in table 3 of this rule.

 

 

 

Table 2 Best available technologies for inorganic contaminants

 

Chemical name	Best available technologies
Antimony	2,7
Arsenic4	1,2, 5,6,7,9,115
Asbestos	2,3,8
Barium	5,6,7,9
Beryllium	1,2,5,6,7
Cadmium	2,5,6,7
Chromium	2,5,62,7
Cyanide	5,7,10
Mercury	21,4,61,71
Nickel	5,6,7
Nitrate	5,7,9
Nitrite	5,7
Selenium	1,23,6,7,9

Thallium                   1,5

1 Best available technology only if influent Hg concentrations are 10 µg/l or less.

2 Best available technology for chromium III only.

3 Best available technology for selenium IV only.

4 BATs for Arsenic V. Pre-oxidation may be required to convert Arsenic III to Arsenic V.

5 To obtain high removals, iron to arsenic ratio shall be at least 20:1.

 

Key to best available technologies in table: 1 = activated alumina

2 = coagulation/filtration (not BAT for supplies with fewer than 500 service connections)

3 = direct and diatomite filtration 4 = granular activated carbon

5 = ion exchange

6 = lime softening (not BAT for supplies with fewer than 500 service connections)

7 = reverse osmosis 8 = corrosion control 9 = electrodialysis

10 = chlorine alkaline chlorination (pH greater than or equal to 8.5) 11 = oxidation/filtration

 

Small supply compliance technology	Affordable for listed small supply categories.2
Activated alumina (centralized)	All size categories.
Activated alumina (point-of-use)3	All size categories.
Coagulation/filtration	501-3,300, 3,301-10,000.
Coagulation-assisted microfiltration	501-3,300, 3,301-10,000.
Electrodialysis reversal	501-3,300, 3,301-10,000.
Enhanced coagulation/filtration	All size categories.
Enhanced lime softening (pH more than 10.5)	All size categories.

 

 

Table 3 Small supplies compliance technologies (SSCTs) for arsenic1

 

 

 

 

 

 

 

 

Ion exchange	All size categories.
Lime softening	501-3,300, 3,301-10,000.
Oxidation/filtration4	All size categories.
Reverse osmosis (centralized)	501-3,300, 3,301-10,000.
Reverse osmosis (point-of-use)3	All size categories.

 

 

1 SSCTs for Arsenic V. Pre-oxidation may be required to convert Arsenic III to Arsenic V.

2 Three categories of small systems are: (i) those serving 25 or more, but fewer than 501, (ii) those serving more than 500, but fewer than 3,301, and (iii) those serving more than 3,300, but fewer than 10,001.

3 POU shall not be used to obtain a variance.

4 To obtain high removals, iron to arsenic ratio shall be at least 20:1.

 

(c) For radionuclide contaminants in R 325.10603, the best available technologies, treatment techniques, or other means available for achieving compliance with the MCLs are listed in table 4 for all size supplies. The affordable technology, treatment technique, or other means available for achieving compliance with the maximum contaminant level are listed in table 5 for supplies serving 10,000 or fewer people as categorized in table 6.

 

Table 4 Best available technologies for radionuclide contaminants

Contaminant	Best available technologies.
Combined radium-226 and radium-228	Ion    exchange,     reverse      osmosis, lime softening.
Uranium	Ion    exchange,     reverse      osmosis, lime                                     softening, coagulation/filtration.
Gross alpha particle activity (excluding radon and uranium)	Reverse osmosis.
Beta particle and proton radioactivity	Ion exchange, reverse osmosis.

 

Table 5 List of small supplies compliance technologies for radionuclides and limitations to use

Unit Technologies	Limitations (see footnotes)	Operator  skill  level required *	Raw  water  quality  range and considerations.
1. Ion exchange	(a)	Intermediate	All ground waters.
2.  Reverse  osmosis (RO)	(b)	Advanced	Surface       waters       usually require pre-filtration.
3. Lime softening	(c)	Advanced	All waters.
4.       Green        sand filtration	(d)	Basic
5.    Co-precipitation and Barium sulfate	(e)	Intermediate             to Advanced	Ground        waters         with suitable water quality.
6.      Electrodialysis/ electrodialysis reversal	Not applicable	Basic                        to intermediate	All ground waters.
7.            Pre-formed hydrous Manganese oxide filtration.	(f)	Intermediate	All ground waters.

 

 

Unit Technologies	Limitations (see footnotes)	Operator  skill  level required *	Raw  water  quality  range and considerations.
8.               Activated alumina	(a), (g)	Advanced	All ground waters; competing                       anion concentrations may affect regeneration frequency.
9.                  Enhanced coagulation/ filtration	(h)	Advanced	Can treat a wide range of water qualities.

* An operator with a basic skill level has minimal experience in the water treatment field and can perform the necessary system operation and monitoring if provided with proper instruction. The operator is capable of reading and following explicit directions. An operator with an intermediate skill level understands the principles of water treatment and has a knowledge of the regulatory framework. The operator is capable of making system changes in response to source water fluctuations. An operator with an advanced skill level possesses a thorough understanding of the principles of system operation. The operator is knowledgeable in water treatment and regulatory requirements. The operator may, however, have advanced knowledge of only the particular treatment technology. The operator seeks information, remains informed, and reliably interprets and responds to water fluctuations and system intricacies.

 

Limitations Footnotes: Technologies for Radionuclides:

a The regeneration solution contains high concentrations of the contaminant ions. Disposal options shall be carefully considered before choosing this technology.

b Reject water disposal options shall be carefully considered before choosing this technology.

c The combination of variable source water quality and the complexity of the water chemistry involved may make this technology too complex for small surface water systems.

d Removal efficiencies may vary depending on water quality.

e This technology may be very limited in application to small systems. Since the process requires static mixing, detention basins, and filtration, it is most applicable to systems with sufficiently high sulfate levels that already have a suitable filtration treatment train in place.

f This technology is most applicable to small systems that already have filtration in place.

g Handling of chemicals required during regeneration and pH adjustment may be too difficult for small systems without an adequately trained operator.

h Assumes modification to a coagulation/filtration process already in place.

 

Table 6 Compliance technologies by supply size category for radionuclide requirements

Contaminant	Compliance technologies* for supply size categories (population served)
	25-500	501-3,300	3,301 – 10,000
1.   Combined   radium-226   and radium-228	1, 2, 3, 4, 5, 6, 7	1, 2, 3, 4, 5, 6, 7	1, 2, 3, 4, 5, 6, 7
2. Gross alpha particle activity	2	2	2
3.   Beta     particle     activity      and photon activity	1, 2	1, 2	1, 2
4. Uranium	1, 8, 9	1, 2, 3, 8, 9	1, 2, 3, 8, 9
* Numbers correspond to those technologies listed in Table 5 of this rule.

 

 

 

(cd) For disinfection byproducts under R 325.10610(1), the best available technologies, treatment techniques, or other means available for achieving compliance with the MCLs are listed in table 37 of this rule.

 

Table 37 Best available technologies for disinfection byproducts

Disinfection byproduct	Best available technology.
TTHM or HAA5	Enhanced coagulation or enhanced softening or GAC10, with chlorine as the primary and residual disinfectant.
Bromate	Control of ozone treatment process to reduce production of bromate.
Chlorite	Control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels.

 

(de) The best available technologies, treatment techniques, or other means available for achieving compliance with the maximum residual disinfectant levels under R 325.10610a(1) are control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels.

(2)       The department shall require suppliers of community water systems and nontransient, noncommunity water systems to employ a treatment method identified in subrule (1) of this rule as a condition for granting a variance, except as provided in subrule (3) of this rule. If, after the treatment method is installed in the system, the system cannot meet the MCL, then the system shall be eligible for a variance pursuant to the provisions of this part and section 20 of the act.

(3)   If a supplier of water can demonstrates through comprehensive engineering assessments, which may include pilot plant studies, that the treatment methods identified in subrule (1) of this rule would may only achieve a de minimis reduction in contaminants, then the department may issue a schedule of compliance that requires the supplier of water being granted the variance to examine other treatment methods as a condition of obtaining the variance.

(4)     If the department determines that a treatment method identified  in subrule (3) of this  rule is technically feasible, then the department may require the supplier of water to use that treatment method in connection with a compliance schedule issued pursuant to the provisions of section 20 of the act. The department's determination shall be based  on studies by the supplier  of water and other relevant information.

(5)     The department may require a community or noncommunity supply to use point-of-use devices, point-of-entry devices, or other means as a condition of granting a variance or an exemption from the requirements of R 325.10603, R 325.10604b, R 325.10604c, or R 325.10604d, to avoid an unreasonable risk to health. The department may require a public water system to use point-of-use devices or other means, but not point-of-entry devices, as a condition for granting an  exemption   from   corrosion   control   treatment   requirements   for   lead   and   copper   in R 325.10604f(2) and (3) to avoid an unreasonable risk to health. The department may require a public water system to use point-of-entry devices as a condition for granting an exemption from the source water and lead service line replacement requirements for lead and copper under R 325.10604f(4) and (5) to avoid an unreasonable risk to health, provided the supply demonstrates

 

 

that the device will not cause an increased corrosion of lead and copper bearing materials located between the device and the tap that may increase contaminant levels at the tap.

(6)   Community or noncommunity water supplies that use point-of-use or point-of-entry devices under this rule shall meet the conditions in R 325.10313.

 

R 325.10313 Criteria for water supplies using POE, or POU, or both.

Rule 313. (1) Community and noncommunity water supplies shall not use point-of-use devices (POU) or point-of-entry devices (POE) except as required by the department under R 325.10308b or under all of the following provisions with department approval:

(a)   Community water supplies may use POE to comply with the maximum contaminant level or treatment technique for organic, inorganic, and radiological contaminants.

(b)    Noncommunity water supplies may use POU, or POE, or both, to comply with maximum contaminant levels or treatment techniques for organic and inorganic contaminants.

(c)   An alternative source of water that meets state drinking water standards is not available.

(2)  Supplies that use POU or POE, or both, shall meet all of the following requirements:

(a)  The supply shall operate and maintain the POU, or POE, or both.

(b)   Before POU, or POE, or both, are installed, the supply shall obtain department approval of a monitoring plan that ensures that the devices provide health protection equivalent to that provided by central water treatment. If the POU, or POE, or both, are being used to comply with maximum contaminant levels or treatment techniques, then "equivalent" means that the water shall meet all state drinking water standards and shall be of acceptable quality similar to water distributed by a well-operated central treatment plant. At a minimum, the monitoring plan shall include all of the following:

(i)    Contaminants and parameters to be analyzed.

(ii)    Physical measurements and observations, such as total flow treated and mechanical condition of the treatment equipment.

(iii)    Location of sampling sites.

(iv)      Frequency of sampling. Approximately 10% of the treatment units shall be sampled at regular intervals so that all the POE or POU are monitored at least as frequently as required in part 7 for a particular contaminant. For example, for a contaminant that is required to be sampled every 3 years, 10% of the POE or POU shall be monitored quarterly so that in 3 years time all of the POE or POU have been monitored. The department may approve an alternate frequency that better represents the rate of degradation of the POE or POU.

(c)   Before POU, or POE, or both, are installed, the supply shall obtain department approval of a technology plan that ensures that effective technology is applied and that the microbiological safety of the water is maintained at all times. At a minimum, the technology plan shall include all of the following:

(i)      The POU, or  POE, or  both, shall  be equipped with mechanical warnings to ensure that customers are automatically notified of operational problems.

(ii)      If a specific type of POU or POE has been independently certified to comply with the maximum contaminant level or treatment technique in accordance with the American national standards institute/national sanitation foundation standards 44, 53, 58, or 62, as adopted by reference in this paragraph, then individual units of that type shall be used to comply with the maximum contaminant level or treatment technique. A supply may use an alternate type of POU or POE if the supply demonstrates to the department, using pilot plant studies or other means, that the alternative POU or POE consistently complies with the maximum contaminant level or treatment technique and the department approves the use of the POU or POE.  The department

 

 

adopts by reference ANSI/NSF standards 44-2002 (February 8, 2002) as amended by 44-2002

Addendum 1.0-2002 (July 31, 2002), 53-2002e (November 14, 2003), 58-2003 (February 2, 2004),

and 62-1999 (September 1, 1999) as amended by 62-1999 Addendum 1.0-2002 (July 31, 2002). The adopted material is available from NSF at 789 North Dixboro Road, Ann Arbor, MI 48105, telephone [phone], Internet address http//www.nsf.org for a cost at the time of adoption of these rules of $150.00 for 44-2002, $45.00 for 44-2002 Addendum 1.0-2002, $150.00 for 53-2002e,

$150.00 for 58-2003, $150 for 62-1999, and $45.00 for 62-1999 Addendum. The adopted material is available for inspection at the offices of the department at the address in R 325.10116(a).

(iii)      The design and application of the POU, or POE, or both, shall consider the potential for increasing concentrations of heterotrophic bacteria in water treated with activated carbon. Frequent backwashing, post-contactor disinfection, and heterotrophic plate count monitoring may ensure that the microbiological safety of the water is not compromised.

(d)   The supply shall demonstrate that buildings connected to the system have sufficient POU, or POE, or both, that are properly installed, maintained, and monitored such that all of consumers shall be protected.

(e)   If the POU, or POE, or both, are used to meet an MCL or treatment technique, then the supply shall replace or repair the POU or POE when the contaminant for which the device is intended to control is above the maximum contaminant level in a confirmed sample.

(3)   Compliance with the maximum contaminant level shall be determined based on the analytical results obtained at each POU or POE, otherwise called "sampling point". Compliance determination  shall  be   made   under   R 325.10604b(2)   for   volatile   organic   contaminants, R 325.10604c(2) for inorganic contaminants, or R 325.10604d(2) for synthetic organic chemicals.

(4)   Supplies that violate the MCL shall notify the department under part 7 of these rules and shall notify the public under part 4 of these rules. The supply may limit the distribution of the public notice to only persons served by the POU or POE that is out of compliance.