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Hawaii Water System Rule Revisions

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24 views47 pages

Hawaii Water System Rule Revisions

Uploaded by

ARARSO BESHEA
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

8/2/16

RATIONALE FOR THE PROPOSED REVISIONS TO


HAWAII ADMINISTRATIVE RULES TITLE 11,
DEPARTMENT OF HEALTH
CHAPTER 20, “RULES RELATING TO PUBLIC WATER SYSTEMS”
TO ADD PROVISIONS OF THE REVISED TOTAL COLIFORM RULE

Part I: Introduction

The purpose of the current proposed revisions is to incorporate new Environmental


Protection Agency (EPA) requirements into the Department of Health’s (DOH) Hawaii
Administrative Rules Title 11 Chapter 20 (HAR 11-20). These Rules are implemented
by the DOH Safe Drinking Water Branch (SDWB), the local primacy agency. The
requirements consist of one (1) new Rule: The Revised Total Coliform Rule (RTCR),
published in the Federal Register on February 13, 2013.

The RTCR was subsequently codified in Title 40 Code of Federal Regulations (C.F.R.),
primarily Parts 141 and 142. These codified Rules have been incorporated essentially
verbatim into the amended HAR 11-20 except for the addition of definitions for the Code
of Federal Regulations and the Federal Register. HAR 11-20 will also refer specifically
to the July 1, 2015 edition of the C.F.R.

The RTCR affects all public water systems (PWSs) in the state. Its primary purpose is
reduce the potential pathways of entry for fecal contamination into public water systems.

A total of 135 public water systems, serving approximately 1,500,000 customers on


Kauai, Oahu, Molokai, Lanai, Maui and the Big Island of Hawaii, must comply with the
new RTCR. The initial compliance date for the RTCR is April 1, 2016.

This rationale document serves to provide an explanation for the changes which are
proposed for HAR 11-20. Additional information may be obtained by calling (808)
586-4258 or by writing to the following address:

Hawaii Department of Health


Safe Drinking Water Branch
919 Ala Moana Boulevard, #308
Honolulu, Hawaii 96814

Part II: Format Revisions

By direction of the Legislative Reference Bureau (LRB) and pursuant to the procedures
established in Hawaii Administrative Rules Drafting Manual (LRB,1999 Reprint), parts of
Chapter 11-20 have been reformatted. These reformatting changes do not affect the
content of the document. Content, or technical changes, are discussed thoroughly in
Part III of this rationale document.
Part III: Content or Technical Changes

For clarity, [deleted text] has been bracketed, while all new material has been bolded.

1. §11-20-2 Definitions

Proposed:

* * * * *
“Clean compliance history” is, for the purposes of section 11-20-9.1, a record of
no MCL violations under section 11-20-6; no monitoring violation under section 11-20-9
or section 11-20-9.1; and no coliform treatment technique trigger exceedances or
treatment technique violations under section 11-20-9.1.

* * * * *
“Code of Federal Regulations” or “C.F.R.” means the official codification of
Federal regulations, as previously published in the Federal Register by the Executive
departments and agencies of the Federal Government. The effective revision date of
the C.F.R. references in this chapter is July 1, [2010] 2015.

* * * * *
“Federal Register” or “F.R.” means the official daily publication for rules, proposed
rules, and notices of Federal agencies and organizations, as well as executive orders
and other presidential documents by the National Archives and Records Administration
(NARA). The revisions to this chapter include the applicable Federal Register changes to
Title 40 Code of Federal Regulations Part 141 and Part 142 through [November 14,
2008.] February 13, 2013.

* * * * *

“Level 1 assessment” is an evaluation to identify the possible presence of sanitary


defects, defects in distribution system coliform monitoring practices, and (when possible)
the likely reason that the system triggered the assessment. It is conducted by the
system operator or owner. Minimum elements include review and identification of
atypical events that could affect distributed water quality or indicate that distributed water
quality was impaired; changes in distribution system maintenance and operation that
could affect distributed water quality (including water storage); source and treatment
considerations that bear on distributed water quality, where appropriate (e.g., whether a
ground water system is disinfected); existing water quality monitoring data; and
inadequacies in sample sites, sampling protocol, and sample processing. The system
must conduct the assessment consistent with any State directives that tailor specific
assessment elements with respect to the size and type of the system and the size, type,
and characteristics of the distribution system.
“Level 2 assessment” is an evaluation to identify the possible presence of sanitary
defects, defects in distribution system coliform monitoring practices, and (when possible)
the likely reason that the system triggered the assessment. A Level 2 assessment
provides a more detailed examination of the system (including the system’s monitoring

2
and operational practices) than does a Level 1 assessment through the use of more
comprehensive investigation and review of available information, additional internal and
external resources, and other relevant practices. It is conducted by an individual
approved by the State, which may include the system operator. Minimum elements
include review and identification of atypical events that could affect distributed water
quality or indicate that distributed water quality was impaired; changes in distribution
system maintenance and operation that could affect distributed water quality (including
water storage); source and treatment considerations that bear on distributed water
quality, where appropriate (e.g., whether a ground water system is disinfected); existing
water quality monitoring data; and inadequacies in sample sites, sampling protocol, and
sample processing. The system must conduct the assessment consistent with any
State directives that tailor specific assessment elements with respect to the size and type
of the system and the size, type, and characteristics of the distribution system. The
system must comply with any expedited actions or additional actions required by the
State in the case of an E. coli MCL violation.

* * * * *
“Sanitary defect” is a defect that could provide a pathway of entry for microbial
contamination into the distribution system or that is indicative of a failure or imminent
failure in a barrier that is already in place.

* * * * *
“Seasonal system” is a non-community water system that is not operated as a
public water system on a year-round basis and starts up and shuts down at the
beginning and end of each operating season.

* * * * *
Rationale: This proposed revision to the Code of Federal Regulations definition
updates the C.F.R. reference date to include the Revised Total Coliform Rule and other
minor revisions that are being adopted in HAR 11-20. The proposed revision to the
Federal Register definition updates the date to include the Revised Total Coliform Rule
and other minor revisions that are being adopted in HAR 11-20. The proposed new
definitions are found in the Revised Total Coliform Rule. These rule changes are
incorporated verbatim into HAR 11-20-2.

2. §11-20-6 Maximum microbiological contaminant levels.

Proposed:

[(a) The MCL is based on the presence or absence of total coliforms in a


sample, rather than coliform density.
(1) When at least forty samples per month are collected for a system, the
system is in compliance with the MCL for total coliforms if no more than 5.0
per cent of the samples collected during a month are total coliform-positive.
(2) When fewer than forty samples per month are collected for a system, the
system is in compliance with the MCL for total coliforms if no more than

3
one sample collected during a month is total coliform-positive.
(b) Any fecal coliform-positive or E. coli-positive repeat sample, or any total
coliform-positive repeat sample following a fecal coliform-positive or E. coli-positive
routine sample constitutes an acute violation of the MCL for total coliforms and is subject
to the public notification requirements in section 11-20-18.]
(a) Beginning April 1, 2016, a system is in compliance with the MCL for E. coli
for samples taken under the provisions of section 11-20-9.1 unless any of the conditions
identified in paragraphs (1) through 4) occur. For purposes of the public notification
requirements in section 11-20-18, violation of the MCL may pose an acute risk to health.
(1) The system has an E. coli-positive repeat sample following a total
coliform-positive routine sample.
(2) The system has a total coliform-positive repeat sample following an E.
coli-positive routine sample.
(3) The system fails to take all required repeat samples following an E.
coli-positive routine sample.
(4) The system fails to test for E. coli when any repeat sample tests positive for
total coliform.

Rationale: The proposed revision clarifies that the new definition for the Revised Total
Coliform Rule E. coli MCL violation was effective April 1, 2016. These rule changes due
to the Revised Total Coliform Rule are incorporated verbatim into section 11-20-6.

3. §11-20-6 Maximum microbiological contaminant levels.

Proposed:

[(c) A supplier of water shall determine compliance with the MCL for total
coliforms in subsections (a) and (b) for each month in which it is required to monitor for
total coliforms.]
(b) Beginning April 1, 2016, a public water system must determine compliance
with the MCL for E. coli in subsection (a) for each month in which it is required to monitor
for total coliforms.

Rationale: The proposed revision clarifies the effective date for the revised MCL for E.
coli. These rule changes due to the Revised Total Coliform Rule are incorporated
verbatim into section 11-20-6.

4. §11-20-6 Maximum microbiological contaminant levels.

Proposed:

[(d)] (c) The director hereby identifies the following as the best technology,
treatment techniques, or other means available for achieving compliance with the MCL
for [total coliforms in subsections (a) and (b):] E. coli in subsection (a):
(1) Protection of wells from contamination by coliforms by appropriate

4
placement and construction;
(2) Maintenance of a disinfectant residual throughout the distribution system;
(3) Proper maintenance of the distribution system including appropriate pipe
replacement and repair procedures, main flushing programs, proper
operation and maintenance of storage tanks and reservoirs, cross
connection control, and continual maintenance of positive water pressure
in all parts of the distribution system;
(4) Filtration and disinfection of surface water, as described in sections
11-20-46, 11-20-46.1, and 11-20-46.2, or disinfection of ground water, as
described in section 11-20-50, using strong oxidants such as chlorine,
chlorine dioxide, or ozone; and
(5) [The development and implementation of an EPA-approved State
Wellhead Protection Program under section 1428 of the SDWA.] For
systems using ground water, compliance with the requirements of an
EPA-approved State Wellhead Protection Program developed and
implemented under section 1428 of the Act.
(d) The director, pursuant to section 1412 of the Act, hereby identifies the
technology, treatment techniques, or other means available identified in subsection (c)
as affordable technology, treatment techniques, or other means available to systems
serving ten thousand or fewer people for achieving compliance with the MCL for E. coli in
subsection (a).

Rationale: The proposed revision clarifies best technology, treatment techniques, or


other means available to achieve compliance with the MCL for E. coli. These rule
changes due to the Revised Total Coliform Rule are incorporated verbatim into section
11-20-6.

5. §11-20-9 Microbiological contaminant sampling and analytical


requirements.

Proposed:

(a) [Routine monitoring.


(1) A supplier of water shall collect total coliform samples at sites which are
representative of water throughout the distribution system according to a
written sample siting plan. These plans are subject to the director's
review and revision.
(2) The monitoring frequency for total coliforms for community and
non-community water systems is based on the population served by the
system, as follows:

TOTAL COLIFORM MONITORING FREQUENCY


Population Served Minimum Samples/Month
25 to 1,0001 1
1,001 to 2,500 2

5
2,501 to 3,300 3
3,301 to 4,100 4
4,101 to 4,900 5
4,901 to 5,800 6
5,801 to 6,700 7
6,701 to 7,600 8
7,601 to 8,500 9
8,501 to 12,900 10
12,901 to 17,200 15
17,201 to 21,500 20
21,501 to 25,000 25
25,001 to 33,000 30
33,001 to 41,000 40
41,001 to 50,000 50
50,001 to 59,000 60
59,001 to 70,000 70
70,001 to 83,000 80
83,001 to 96,000 90
96,001 to 130,000 100
130,001 to 220,000 120
220,001 to 320,000 150
320,001 to 450,000 180
450,001 to 600,000 210
600,001 to 780,000 240
780,001 to 970,000 270
970,001 to 1,230,000 300
1,230,001 to 1,520,000 330
1,520,001 to 1,850,000 360
1,850,001 to 2,270,000 390
2,270,001 to 3,020,000 420
3,020,001 to 3,960,000 450
3,960,001 or more 480

1Includes public water systems which have at least 15 service connections, but
serve fewer than 25 persons.

(3) The supplier of water shall collect samples at regular time intervals
throughout the month, except that a system which uses only ground water
(except ground water under the direct influence of surface water, as
defined in section 11-20-2) and serves 4,900 persons or fewer, may collect
all required samples on a single day if they are taken from different sites
and prior approval by the director has been obtained.
(4) Special purpose samples, such as those taken to determine whether
disinfection practices are sufficient following pipe placement, replacement, or repair,
shall not be used to determine compliance with the MCL for total coliforms in section

6
11-20-6. Repeat samples taken pursuant to subsection (b) are not considered special
purpose samples, and shall be used to determine compliance with the MCL for total
coliforms in section 11-20-6.] (Reserved)

Rationale: The proposed revision deletes the routine monitoring requirements for the
Total Coliform Rule because this rule was effective until March 31, 2016, and was
replaced by the Revised Total Coliform Rule, effective April 1, 2016. These rule
changes are mandated by the Revised Total Coliform Rule.

6. §11-20-9 Microbiological contaminant sampling and analytical


requirements.

Proposed:

(d) [Sanitary surveys.


(1) Public water systems which collect four or fewer routine samples per
month shall undergo an initial sanitary survey by June 29, 1994 for
community public water systems and June 24, 1999 for non-community
water systems. Thereafter, systems shall undergo another sanitary
survey every five years, except that non-community water systems using
only protected and disinfected ground water, as defined by the director,
shall undergo subsequent sanitary surveys at least every ten years after
the initial sanitary survey. The director shall review the results of each
sanitary survey to determine whether the existing monitoring frequency is
adequate and what additional measures, if any, the supplier needs to
undertake to improve drinking water quality.
(2) In conducting a sanitary survey of a system using ground water in a state
having an EPA-approved wellhead protection program under section 1428
of the Safe Drinking Water Act, information on sources of contamination
within the delineated wellhead protection area that was collected in the
course of developing and implementing the program should be considered
instead of collecting new information, if the information was collected since
the last time the system was subject to a sanitary survey.
(3) Sanitary surveys shall be performed by the State or an agent approved by
the director. The supplier is responsible for ensuring the survey takes
place.
(4) Sanitary surveys conducted by the State under the provisions of
subsection 11-20-50(b) may be used to meet the sanitary survey
requirements of this section.] (Reserved)

Rationale: The proposed revision deletes the sanitary survey requirements for the
Total Coliform Rule because this rule was effective until March 31, 2016, and was
replaced by the Revised Total Coliform Rule, effective April 1, 2016. These rule
changes are mandated by the Revised Total Coliform Rule.

7
7. §11-20-9 Microbiological contaminant sampling and analytical
requirements.

Proposed:

(h) [Analytical techniques.


(1) The standard sample volume required for total coliform analysis,
regardless of analytical method used, is 100 ml.
(2) The suppliers need only determine the presence or absence of total
coliforms; a determination of total coliform density is not required.
(3) Suppliers shall conduct total coliform analyses in accordance with one of
the following analytical methods or alternative methods listed in Appendix
A to Title 40 Code of Federal Regulations, Part 141, Subpart C:
(A) Total Coliform Fermentation Technique, as set forth in 40 C.F.R.
§141.21(f)(3);
(B) Total Coliform Membrane Filter Technique, as set forth in 40 C.F.R.
§141.21(f)(3);
(C) Presence-Absence (P-A) Coliform Test, as set forth in 40 C.F.R.
§141.21(f)(3);
(D) ONPG-MUG as set forth in 40 C.F.R. §141.21(f)(3);
(E) Colisure Test, as set forth in 40 C.F.R. §141.21(f)(3);
(F) E*Colite Test, as set forth in 40 C.F.R. §141.21(f)(3);
(G) m-ColiBlue24 Test, as set forth in 40 C.F.R. §141.21(f)(3);
(H) Readycult Coliforms 100 Presence/Absence Test, as set forth in 40
C.F.R. §141.21(f)(3);
(I) Membrane Filter Technique using Chromocult Coliform Agar, as set
forth in 40 C.F.R. §141.21(f)(3); or
(J) Colitag Test, as set forth in 40 C.F.R. §141.21(f)(3).
(4) (Reserved)
(5) Suppliers shall conduct fecal coliform analysis in accordance with the
following procedure. When the MTF Technique or Presence-Absence
(P-A) Coliform Test is used to test for total coliforms, transfer the total
coliform-positive culture using the procedure specified in 40 C.F.R.
§141.21(f)(5). For EPA-approved analytical methods which use a
membrane filter, transfer the total coliform-positive culture using the
procedure specified in 40 C.F.R. §141.21(f)(5) for membrane filters. If the
ONPG-MUG Test is used to test for total coliforms and the MUG test is
positive, the MUG-positive tubes may be classified as fecal coliform
positive and further testing is not required. If the ONPG positive tube is
MUG negative, EC medium must be used to determine the presence of
fecal coliforms. Shake the ONPG positive-MUG Negative tube vigorously
and transfer the growth with a sterile 3 mm loop or sterile applicator stick
into a tube of EC medium to determine the presence of fecal coliforms.
Suppliers need only determine the presence or absence of fecal coliforms;
a determination of fecal coliform density is not required.
(6) Suppliers shall conduct Escherichia coli (E. coli) analysis in accordance

8
with one of the following procedures or alternative methods listed in
Appendix A to Title 40 Code of Federal Regulations, Part 141, Subpart C:
(A) EC medium supplemented with 50 ug/ml of
4-methylumbelliferyl-beta-D-glucuronide (MUG) (final
concentration). EC medium is described in the 18th edition of
Standard Methods for the Examination of Water and Wastewater,
1992, Method 9221E-p. 9-52, paragraph 1a. MUG may be added
to EC medium before autoclaving. EC medium supplemented with
50 ug/ml of MUG is commercially available. At least 10 ml of EC
medium supplemented with MUG must be used. The inner
inverted fermentation tube may be omitted. The procedure for
transferring a total coliform-positive culture to EC medium
supplemented with MUG shall be as specified in paragraph (5) for
transferring a total coliform-positive culture to EC medium.
Observe fluorescence with an ultraviolet light (366nm) in the dark
after incubating tube at 44.5 + 0.2 oC for 24 + 2 hours. If
fluorescence is visible, E. coli are present.
(B) Nutrient agar supplemented with 100 ug/ml
4-methylumbelliferyl-beta-D-glucuronide (MUG) (final
concentration). Nutrient Agar is described in the 18th edition of
Standard Methods for the Examination of Water and Wastewater,
1992, p. 9-47 to 9-48. This test is used to determine if a total
coliform-positive sample, as determined by the Membrane Filter
Technique or any other method in which a membrane filter is used,
contains E. coli. Transfer the membrane filter containing a total
coliform colony(ies) to nutrient agar supplemented with 100 ug/ml
(final concentration) of MUG. After incubating the agar plate at 35
degrees Centigrade for 4 hours, observe the colony(ies) under
ultraviolet light (366 nm) in the dark for fluorescence. If
fluorescence is visible, E. coli are present.
(C) Minimal Medium ONPG-MUG (MMO-MUG) Test, as set forth in the
article “National Field Evaluation of a Defined Substrate Method for
the Simultaneous Detection of Total Coliforms and Escherichia coli
from Drinking Water: Comparison with Presence-Absence
Techniques” (Edberg et al.), Applied and Environmental
Microbiology, Volume 55, pp.1003-1008, April 1989. (Note: The
Autoanalysis Colilert System is an MMO-MUG test). If the
MMO-MUG test is total coliform-positive after a 24-hour incubation,
test the medium for fluorescence with a 366-nm ultraviolet light
(preferably with a 6-watt lamp) in the dark. If fluorescence is
observed, the sample is E. coli-positive. If fluorescence is
questionable (cannot be definitively read) after 24 hours, incubate
the culture for an additional four hours (but not to exceed 28 hours
total), and again test the medium for fluorescence. The
MMO-MUG Test with hepes buffer in lieu of phosphate buffer is the
only approved formulation for the detection of E. coli.

9
(D) The Colisure Test. A description of the Colisure Test may be
obtained from the Millipore Corporation, Technical Services
Department, 80 Ashby Road, Bedford, MA 01730.
(E) The membrane filter method with MI agar, a description of which is
cited in footnote 6 to the table in 40 C.F.R §141.21(f)(3).
(F) E*Colite Test, a description of which is cited in footnote 10 to the
table in 40 C.F.R §141.21(f)(3).
(G) m-ColiBlue24 Test, a description of which is cited in footnote 11 to
the table in 40 C.F.R §141.21(f)(3).
(H) Readycult Coliforms 100 Presence/absence Test, a description of
which is cited in footnote 13 to the table in 40 C.F.R §141.21(f)(3).
(I) Membrane Filter Technique using Chromocult Coliform Agar, a
description of which is cited in footnote 14 to the table in 40 C.F.R
§141.21(f)(3).
(J) Colitag, a description of which is cited in footnote 15 to the table in
40 C.F.R §141.21(f)(3).
(7) As an option to paragraph (6)(C), a system with a total coliform-positive,
MUG-negative, MMO-MUG test may further analyze the culture for the
presence of E. coli by transferring a 0.1 ml, 28-hour MMO-MUG culture to
EC Medium + MUG with a pipet. The formulation and incubation
conditions of EC Medium + MUG, and observation of the results are
described in paragraph (6)(A).(8) The following materials are incorporated
by reference in this section with the approval of the Director of the Federal
Register in accordance with 5 U.S.C. §552(a) and 1 C.F.R. part 51.
Copies of the analytical methods cited in Standard Methods for the
Examination of Water and Wastewater may be obtained from the American
Public Health Association et al.; 1015 Fifteenth Street, NW.; Washington
DC 20005. Copies of the methods set forth in Microbiological Methods for
Monitoring the Environment, Water and Waste may be obtained from ORD
Publications, US EPA, 26 W. Martin Luther King Drive, Cincinnati, Ohio
45268. Copies of the MMO-MUG Test as set forth in the article “National
Field Evaluation of a Defined Substrate Method for the Simultaneous
Enumeration of Total Coliforms and Escherichia coli from Drinking Water:
Comparison with the Standard Multiple Tube Fermentation Method”
(Edberg et al.) may be obtained from the American Water Works
Association Research Foundation, 6666 West Quincy Avenue, Denver, CO
80235. A description of the Colisure Test may be obtained from the
Millipore Corp., Technical Services Department, 80 Ashby Road, Bedford,
MA 01730. Copies may be inspected at EPA’s Drinking Water Docket;
401 M Street, SW.; Washington, DC 20460, or at the Office of the Federal
Register; 800 North Capitol Street, NW., Suite 700, Washington, DC.]
(Reserved)

Rationale: The proposed revision deletes the analytical method requirements for the
Total Coliform Rule because this rule was effective until March 31, 2016, and was

10
replaced by the Revised Total Coliform Rule, effective April 1, 2016. These rule
changes are mandated by the Revised Total Coliform Rule.

8. §11-20-9 Microbiological contaminant sampling and analytical


requirements.

Proposed:

(i) The provisions of subsections (b), (c), (e), (f), and (g) are applicable until all
required repeat monitoring under subsection (b) and fecal coliform or E. coli testing
under subsection (e) that was initiated by a total coliform-positive sample taken before
April 1, 2016 is completed, as well as reporting, recordkeeping, public notification, and
consumer confidence report requirements associated with that monitoring and testing.
Beginning April 1, 2016, the provisions of section 11-20-9.1 are applicable, with systems
required to begin regular monitoring at the same frequency as the system-specific
frequency required on March 31, 2016.

Rationale: These rule changes clarify that repeat sampling and fecal coliform or E. coli
testing due to samples collected prior to April 1, 2016, fall under the Total Coliform Rule
requirements. These rule changes are mandated by the Revised Total Coliform Rule.

9. §11-20-9.1 Revised Total Coliform Rule.

Proposed:

(a) General.
(1) This section includes both maximum contaminant level and treatment
technique requirements.
(2) Applicability. The provisions of this section apply to all public water
systems.
(3) Compliance date. Systems must comply with the provisions of this
section beginning April 1, 2016, unless otherwise specified in this section.
(4) Implementation with EPA as State. Systems falling under direct oversight
of EPA, where EPA acts as the State, must comply with decisions made by
EPA for implementation of 40 C.F.R. subpart Y. EPA has authority to
establish such procedures and criteria as are necessary to implement 40
C.F.R. 141 subpart Y.
(5) Violations of national primary drinking water regulations. Failure to comply
with the applicable requirements of this section, including requirements
established by the State pursuant to these provisions, is a violation of the
national primary drinking water regulations under subpart Y.

Rationale: This new subsection specifies that all public water systems must comply

11
with the Revised Total Coliform Rule and establishes compliance dates. All Rule
changes are incorporated verbatim into the new subsection HAR 11-20-9.1(a).

10. §11-20-9.1 Revised Total Coliform Rule.

Proposed:

(b) Analytical methods and laboratory certification.


(1) Analytical methodology.
(A) The standard sample volume required for analysis, regardless of
analytical method used, is 100 ml.
(B) Systems need only determine the presence or absence of total
coliforms and E. coli; a determination of density is not required.
(C) The time from sample collection to initiation of test medium
incubation may not exceed 30 hours. Systems are encouraged but
not required to hold samples below 10 degrees Celsius during
transit.
(D) If water having residual chlorine (measured as free, combined, or
total chlorine) is to be analyzed, sufficient sodium thiosulfate
(Na2S2O3) must be added to the sample bottle before sterilization to
neutralize any residual chlorine in the water sample. Dechlorination
procedures are addressed in Section 9060A.2 of Standard Methods
for the Examination of Water and Wastewater (20th and 21st
editions).
(E) Systems must conduct total coliform and E. coli analyses in
accordance with one of the analytical methods in Appendix K,
“Analytical Methods for Conducting Total Coliform and E. coli
Analyses (HAR §11-20-9.1(b)),”, dated February 13, 2013, located
at the end of this chapter and made a part of this section, or one of
the alternative methods listed in 40 C.F.R. part 141, Appendix A to
subpart C.
(2) Laboratory certification. Systems must have all compliance samples
required under this subpart analyzed by a laboratory certified by the EPA
or a primacy State to analyze drinking water samples. The laboratory
used by the system must be certified for each method (and associated
contaminant(s)) used for compliance monitoring analyses under this
section.
(3) Standards. The standards required in this section were taken verbatim
from 40 C.F.R. §141.852(c), and are specified in Appendix K, entitled
“Analytical Methods for Conducting Total Coliform and E. coli Analyses
(HAR §11-20-9.1(b)).” Appendix K is located at the end of this chapter and
made a part of this section.

Rationale: This new subsection specifies the analytical methods and laboratory
certification requirements for the Revised Total Coliform Rule. All Rule changes are

12
incorporated essentially verbatim into the new subsection HAR 11-20-9.1(b). The
standards incorporated by reference in subsection (b) are specified in Appendix K at the
end of chapter 20, and Appendix K is made a part of section 9.1.

11. §11-20-9.1 Revised Total Coliform Rule.

Proposed:

(c) General monitoring requirements for all public water systems.


(1) Sample siting plans.
A) Systems must develop a written sample siting plan that identifies
sampling sites and a sample collection schedule that are
representative of water throughout the distribution system not later
than March 31, 2016. These plans are subject to review and
revision by this State. Systems must collect total coliform samples
according to the written sample siting plan. Monitoring required by
subsections (d) and (e) may take place at a customer’s premise,
dedicated sampling station, or other designated compliance
sampling location. Routine and repeat sample sites and any
sampling points necessary to meet the requirements of section
11-20-50 must be reflected in the sampling plan.
(B) Systems must collect samples at regular time intervals throughout
the month, except that systems that use only ground water and serve
4,900 or fewer people may collect all required samples on a single
day if they are taken from different sites.
(C) Systems must take at least the minimum number of required
samples even if the system has had an E. coli MCL violation or has
exceeded the coliform treatment technique triggers in subsection
(f)(1).
(D) A system may conduct more compliance monitoring than is required
by this subpart to investigate potential problems in the distribution
system and use monitoring as a tool to assist in uncovering
problems. A system may take more than the minimum number of
required routine samples and must include the results in calculating
whether the coliform treatment technique trigger in subsections
(f)(1)(A)(i) and (ii) has been exceeded only if the samples are taken
in accordance with the existing sample siting plan and are
representative of water throughout the distribution system.
(E) Systems must identify repeat monitoring locations in the sample siting
plan. Unless the provisions of clause (i) or (ii) are met, the system
must collect at least one repeat sample from the sampling tap where
the original total coliform-positive sample was taken, and at least
one repeat sample at a tap within five service connections upstream
and at least one repeat sample at a tap within five service
connections downstream of the original sampling site. If a total

13
coliform-positive sample is at the end of the distribution system, or
one service connection away from the end of the distribution
system, the system must still take all required repeat samples.
However, the State may allow an alternative sampling location in
lieu of the requirement to collect at least one repeat sample
upstream or downstream of the original sampling site. Except as
provided for in clause (ii), systems required to conduct triggered
source water monitoring under section 11-20-50(c)(1) must take
ground water source sample(s) in addition to repeat samples
required under this section.
(i) Systems may propose repeat monitoring locations to the
State that the system believes to be representative of a
pathway for contamination of the distribution system. A
system may elect to specify either alternative fixed locations
or criteria for selecting repeat sampling sites on a situational
basis in a standard operating procedure (SOP) in its sample
siting plan. The system must design its SOP to focus the
repeat samples at locations that best verify and determine the
extent of potential contamination of the distribution system
area based on specific situations. The State may modify the
SOP or require alternative monitoring locations as needed.
(ii) Ground water systems serving 1,000 or fewer people may
propose repeat sampling locations to the State that
differentiate potential source water and distribution system
contamination (e.g., by sampling at entry points to the
distribution system). A ground water system with a single
well required to conduct triggered source water monitoring
may, with written state approval, take one of its repeat
samples at the monitoring location required for triggered
source water monitoring under section 11-20-50(c)(1) if the
system demonstrates to the State’s satisfaction that the
sample siting plan remains representative of water quality in
the distribution system. If approved by the State, the
system may use that sample result to meet the monitoring
requirements in both section 11-20-50(c)(1) and this
subsection. If a repeat sample taken at the monitoring
location required for triggered source water monitoring is E.
coli-positive, the system has violated the E. coli MCL and
must also comply with section 11-20-50(c)(1)(C). If a
system takes more than one repeat sample at the monitoring
location required for triggered source water monitoring, the
system may reduce the number of additional source water
samples required under section 11-20-50(c)(1)(C) by the
number of repeat samples taken at that location that were not
E. coli-positive. If a system takes more than one repeat
sample at the monitoring location required for triggered

14
source water monitoring under section 11-20-50(c)(1), and
more than one repeat sample is E. coli-positive, the system
has violated the E. coli MCL and must also comply with
section 11-20-50(d)(1)(A). If all repeat samples taken at the
monitoring location required for triggered source water
monitoring are E. coli-negative and a repeat sample taken at
a monitoring location other than the one required for triggered
source water monitoring is E. coli-positive, the system has
violated the E. coli MCL, but is not required to comply with
section 11-20-50(c)(1)(C).
(F) States may review, revise, and approve, as appropriate, repeat
sampling proposed by systems under subparagraphs (E)(i) and (ii).
The system must demonstrate that the sample siting plan remains
representative of the water quality in the distribution system. The
State may determine that monitoring at the entry point to the
distribution system (especially for undisinfected ground water
systems) is effective to differentiate between potential source water
and distribution system problems.
(2) Special purpose samples. Special purpose samples, such as those taken
to determine whether disinfection practices are sufficient following pipe
placement, replacement, or repair, must not be used to determine whether
the coliform treatment technique trigger has been exceeded. Repeat
samples taken pursuant to subsection (e) are not considered special
purpose samples, and must be used to determine whether the coliform
treatment technique trigger has been exceeded.
(3) Invalidation of total coliform samples. A total coliform-positive sample
invalidated under this subsection does not count toward meeting the
minimum monitoring requirements of this section.
(A) The State may invalidate a total coliform-positive sample only if the
conditions of clause (i), (ii), or (iii) are met.
(i) The laboratory establishes that improper sample analysis
caused the total coliform-positive result.
(ii) The State, on the basis of the results of repeat samples
collected as required under subsection (e)(1), determines
that the total coliform-positive sample resulted from a
domestic or other non-distribution system plumbing problem.
The State cannot invalidate a sample on the basis of repeat
sample results unless all repeat sample(s) collected at the
same tap as the original total coliform-positive sample are
also total coliform-positive, and all repeat samples collected
at a location other than the original tap are total
coliform-negative (e.g., a State cannot invalidate a total
coliform-positive sample on the basis of repeat samples if all
the repeat samples are total coliform-negative, or if the
system has only one service connection).

15
(iii) The State has substantial grounds to believe that a total
coliform-positive result is due to a circumstance or condition
that does not reflect water quality in the distribution system.
In this case, the system must still collect all repeat samples
required under subsection (e)(1), and use them to determine
whether a coliform treatment technique trigger in
subsection (f) has been exceeded. To invalidate a total
coliform-positive sample under this paragraph, the decision
and supporting rationale must be documented in writing, and
approved and signed by the supervisor of the State official
who recommended the decision. The State must make this
document available to EPA and the public. The written
documentation must state the specific cause of the total
coliform-positive sample, and what action the system has
taken, or will take, to correct this problem. The State may not
invalidate a total coliform-positive sample solely on the
grounds that all repeat samples are total coliform-negative.
(B) A laboratory must invalidate a total coliform sample (unless total
coliforms are detected) if the sample produces a turbid culture in the
absence of gas production using an analytical method where gas
formation is examined (e.g., the Multiple-Tube Fermentation
Technique), produces a turbid culture in the absence of an acid
reaction in the Presence-Absence (P-A) Coliform Test, or exhibits
confluent growth or produces colonies too numerous to count with
an analytical method using a membrane filter (e.g., Membrane Filter
Technique). If a laboratory invalidates a sample because of such
interference, the system must collect another sample from the same
location as the original sample within 24 hours of being notified of
the interference problem, and have it analyzed for the presence of
total coliforms. The system must continue to re-sample within 24
hours and have the samples analyzed until it obtains a valid result.
The State may waive the 24-hour time limit on a case-by-case basis.
Alternatively, the State may implement criteria for waiving the
24-hour sampling time limit to use in lieu of case-by-case
extensions.

Rationale: This new subsection specifies the general monitoring requirements for the
Revised Total Coliform Rule, including requirements for sample siting plans, special
purpose samples, and the invalidation of total coliform samples. All Rule changes are
incorporated verbatim into the new subsection HAR 11-20-9.1(c).

16
12. §11-20-9.1 Revised Total Coliform Rule.

Proposed:

(d) Routine monitoring requirements for public water systems.


(1) General.
(A) This subsection applies to all public water systems.
(B) Following any total coliform-positive sample taken under this
section, systems must comply with the repeat monitoring
requirements and E. coli analytical requirements in subsection (e).
(C) Once all monitoring required by this subsection and subsection (e) for
a calendar month has been completed, systems must determine
whether any coliform treatment technique triggers specified in
subsection (f) have been exceeded. If any trigger has been
exceeded, systems must complete assessments as required by
subsection (f).
(2) Monitoring frequency for total coliforms. The monitoring frequency for total
coliforms is based on the population served by the system, as follows:

TOTAL COLIFORM MONITORING FREQUENCY

Population Served Minimum Samples/Month


25 to 1,000 1
1,001 to 2,500 2
2,501 to 3,300 3
3,301 to 4,100 4
4,101 to 4,900 5
4,901 to 5,800 6
5,801 to 6,700 7
6,701 to 7,600 8
7,601 to 8,500 9
8,501 to 12,900 10
12,901 to 17,200 15
17,201 to 21,500 20
21,501 to 25,000 25
25,001 to 33,000 30
33,001 to 41,000 40
41,001 to 50,000 50
50,001 to 59,000 60
59,001 to 70,000 70
70,001 to 83,000 80
83,001 to 96,000 90
96,001 to 130,000 100
130,001 to 220,000 120
220,001 to 320,000 150
320,001 to 450,000 180
17
450,001 to 600,000 210
600,001 to 780,000 240
780,001 to 970,000 270
970,001 to 1,230,000 300
1,230,001 to 1,520,000 330
1,520,001 to 1,850,000 360
1,850,001 to 2,270,000 390
2,270,001 to 3,020,000 420
3,020,001 to 3,960,000 450
3,960,001 or more 480

Rationale: This new subsection specifies the routine monitoring requirements for the
Revised Total Coliform Rule. All Rule changes are incorporated verbatim into the new
subsection HAR 11-20-9.1(d).

13. §11-20-9.1 Revised Total Coliform Rule.

Proposed:

(e) Repeat monitoring and E. coli requirements.


(1) Repeat monitoring.
(A) If a sample taken under subsection (d) is total coliform-positive, the
system must collect a set of repeat samples within 24 hours of being
notified of the positive result. The system must collect no fewer than
three repeat samples for each total coliform-positive sample found.
The State may extend the 24-hour limit on a case-by-case basis if
the system has a logistical problem in collecting the repeat samples
within 24 hours that is beyond its control. Alternatively, the State
may implement criteria for the system to use in lieu of case-by-case
extensions. In the case of an extension, the State must specify
how much time the system has to collect the repeat samples. The
State cannot waive the requirement for a system to collect repeat
samples in subparagraphs (A) through (C).
(B) The system must collect all repeat samples on the same day, except
that the State may allow a system with a single service connection
to collect the required set of repeat samples over a three-day period
or to collect a larger volume repeat sample(s) in one or more sample
containers of any size, as long as the total volume collected is at
least 300 ml.
(C) The system must collect an additional set of repeat samples in the
manner specified in subparagraphs (A) through (C) if one or more
repeat samples in the current set of repeat samples is total
coliform-positive. The system must collect the additional set of
repeat samples within 24 hours of being notified of the positive

18
result, unless the State extends the limit as provided in
subparagraph (A). The system must continue to collect additional
sets of repeat samples until either total coliforms are not detected in
one complete set of repeat samples or the system determines that a
coliform treatment technique trigger specified in subsection (f)(1)
has been exceeded as a result of a repeat sample being total
coliform-positive and notifies the State. If a trigger identified in
subsection (f) is exceeded as a result of a routine sample being total
coliform-positive, systems are required to conduct only one round of
repeat monitoring for each total coliform-positive routine sample.
(D) After a system collects a routine sample and before it learns the
results of the analysis of that sample, if it collects another routine
sample(s) from within five adjacent service connections of the initial
sample, and the initial sample, after analysis, is found to contain
total coliforms, then the system may count the subsequent
sample(s) as a repeat sample instead of as a routine sample.
(E) Results of all routine and repeat samples taken under subsection (d)
and this subsection not invalidated by the State must be used to
determine whether a coliform treatment technique trigger specified
in subsection (f) has been exceeded.
(2) Escherichia coli (E. coli) testing.
(A) If any routine or repeat sample is total coliform-positive, the system
must analyze that total coliform-positive culture medium to
determine if E. coli are present. If total coliforms or E. coli are
present, the system must notify the State by the end of the day
when the system is notified of the test result, unless the system is
notified of the result after the State office is closed and the State
does not have either an after-hours phone line or an alternative
notification procedure, in which case the system must notify the
State before the end of the next business day.
(B) The State has the discretion to allow a system, on a case-by-case
basis, to forgo E. coli testing on a total coliform-positive sample if
that system assumes that the total coliform-positive sample is E.
coli-positive. Accordingly, the system must notify the State as
specified in subparagraph (A) and the provisions of section
11-20-6(c) apply.
(C) When a public water system has an E. coli-positive result, the
supplier shall issue a boil water notice to all affected consumers.
(i) The boil water order shall be issued no later than twenty-four
hours after the system has been notified of the positive E. coli
result. The boil water notice shall be in effect until negative
total coliform results are obtained from the affected tap and
from all other required repeat sample sites.
(ii) The boil water notice shall not be required if all repeat
samples collected are total coliform-negative, and these
results are received within twenty-four hours of the E.

19
coli-positive result.

Rationale: This new subsection specifies the repeat monitoring and E. coli
requirements for the Revised Total Coliform Rule. All Rule changes are incorporated
verbatim into the new subsection HAR 11-20-9.1(e). The boil water notice
requirements in subsection (e)(2)(C) are in addition to the federal requirements. The
boil water notice requirements have been part of the state’s Total Coliform Rule
requirements, and are carried forward into the Revised Total Coliform Rule.

14. §11-20-9.1 Revised Total Coliform Rule.

Proposed:

(f) Coliform treatment technique triggers and assessment requirements for


protection against potential fecal contamination.
(1) Treatment technique triggers. Systems must conduct assessments in
accordance with paragraph (2) after exceeding treatment technique
triggers in subparagraphs (A) and (B).
(A) Level 1 treatment technique triggers.
(i) For systems taking 40 or more samples per month, the
system exceeds 5.0% total coliform-positive samples for the
month.
(ii) For systems taking fewer than 40 samples per month, the
system has two or more total coliform-positive samples in the
same month.
(iii) The system fails to take every required repeat sample after
any single total coliform-positive sample.
(B) Level 2 treatment technique triggers.
(i) An E. coli MCL violation, as specified in subsection (g)(1).
(ii) A second Level 1 trigger as defined in subparagraph (A) ,
within a rolling 12-month period, unless the State has
determined a likely reason that the samples that caused the
first Level 1 treatment technique trigger were total
coliform-positive and has established that the system has
corrected the problem.
(2) Requirements for assessments.
(A) Systems must ensure that Level 1 and 2 assessments are
conducted in order to identify the possible presence of sanitary
defects and defects in distribution system coliform monitoring
practices. Level 2 assessments must be conducted by parties
approved by the State.
(B) When conducting assessments, systems must ensure that the
assessor evaluates minimum elements that include review and
identification of inadequacies in sample sites; sampling protocol;
sample processing; atypical events that could affect distributed

20
water quality or indicate that distributed water quality was impaired;
changes in distribution system maintenance and operation that could
affect distributed water quality (including water storage); source and
treatment considerations that bear on distributed water quality,
where appropriate (e.g., small ground water systems); and existing
water quality monitoring data. The system must conduct the
assessment consistent with any State directives that tailor specific
assessment elements with respect to the size and type of the system
and the size, type, and characteristics of the distribution system.
(C) Level 1 assessments. A system must conduct a Level 1 assessment
consistent with State requirements if the system exceeds one of the
treatment technique triggers in paragraph (1)(A).
(i) The system must complete a Level 1 assessment as soon as
practical after any trigger in paragraph (1)(A). In the
completed assessment form, the system must describe
sanitary defects detected, corrective actions completed, and
a proposed timetable for any corrective actions not already
completed. The assessment form may also note that no
sanitary defects were identified. The system must submit the
completed Level 1 assessment form to the State within 30
days after the system learns that it has exceeded a trigger.
(ii) If the State reviews the completed Level 1 assessment and
determines that the assessment is not sufficient (including
any proposed timetable for any corrective actions not already
completed), the State must consult with the system. If the
State requires revisions after consultation, the system must
submit a revised assessment form to the State on an
agreed-upon schedule not to exceed 30 days from the date of
the consultation.
(iii) Upon completion and submission of the assessment form by
the system, the State must determine if the system has
identified a likely cause for the Level 1 trigger and, if so,
establish that the system has corrected the problem, or has
included a schedule acceptable to the State for correcting the
problem.
(D) Level 2 assessments. A system must ensure that a Level 2
assessment consistent with State requirements is conducted if the
system exceeds one of the treatment technique triggers in
paragraph (1)(B). The system must comply with any expedited
actions or additional actions required by the State in the case of an E.
coli MCL violation.
(i) The system must ensure that a Level 2 assessment is
completed by the State or by a party approved by the State as
soon as practical after any trigger in paragraph (1)(B). The
system must submit a completed Level 2 assessment form to
the State within 30 days after the system learns that it has

21
exceeded a trigger. The assessment form must describe
sanitary defects detected, corrective actions completed, and
a proposed timetable for any corrective actions not already
completed. The assessment form may also note that no
sanitary defects were identified.
(ii) The system may conduct Level 2 assessments if the system
has staff or management with the certification or qualifications
specified by the State unless otherwise directed by the State.
(iii) If the State reviews the completed Level 2 assessment and
determines that the assessment is not sufficient (including
any proposed timetable for any corrective actions not already
completed), the State must consult with the system. If the
State requires revisions after consultation, the system must
submit a revised assessment form to the State on an
agreed-upon schedule not to exceed 30 days.
(iv) Upon completion and submission of the assessment form by
the system, the State must determine if the system has
identified a likely cause for the Level 2 trigger and determine
whether the system has corrected the problem, or has
included a schedule acceptable to the State for correcting the
problem.
(3) Corrective action. Systems must correct sanitary defects found through
either Level 1 or 2 assessments conducted under paragraph (2). For
corrections not completed by the time of submission of the assessment
form, the system must complete the corrective action(s) in compliance with
a timetable approved by the State in consultation with the system. The
system must notify the State when each scheduled corrective action is
completed.
(4) Consultation. At any time during the assessment or corrective action
phase, either the water system or the State may request a consultation with
the other party to determine the appropriate actions to be taken. The system
may consult with the State on all relevant information that may impact on its
ability to comply with a requirement of this subpart, including the method of
accomplishment, an appropriate timeframe, and other relevant information.

Rationale: This new subsection specifies the treatment technique triggers and
assessment requirements for the Revised Total Coliform Rule. All Rule changes are
incorporated verbatim into the new subsection HAR 11-20-9.1(f).

15. §11-20-9.1 Revised Total Coliform Rule.

Proposed:

(g) Violations.

22
(1) E. coli MCL violation. A system is in violation of the MCL for E. coli when
any of the conditions identified in subparagraphs (A) through (D) occur.
(A) The system has an E. coli-positive repeat sample following a total
coliform-positive routine sample.
(B) The system has a total coliform-positive repeat sample following an
E. coli-positive routine sample.
(C) The system fails to take all required repeat samples following an E.
coli-positive routine sample.
(D) The system fails to test for E. coli when any repeat sample tests
positive for total coliform.
(2) Treatment technique violation.
(A) A treatment technique violation occurs when a system exceeds a
treatment technique trigger specified in subsection (f)(1) and then
fails to conduct the required assessment or corrective actions within
the timeframe specified in subsections (f)(2) and (f)(3).
(3) Monitoring violations.
(A) Failure to take every required routine or additional routine sample in a
compliance period is a monitoring violation.
(B) Failure to analyze for E. coli following a total coliform-positive routine
sample is a monitoring violation.
(4) Reporting violations.
(A) Failure to submit a monitoring report or completed assessment form
after a system properly conducts monitoring or assessment in a
timely manner is a reporting violation.
(B) Failure to notify the State following an E. coli-positive sample as
required by subsection (e)(2)(A) in a timely manner is a reporting
violation.

Rationale: This new subsection specifies the violations for the Revised Total Coliform
Rule. All Rule changes are incorporated verbatim into the new subsection HAR
11-20-9.1(g).

16. §11-20-9.1 Revised Total Coliform Rule.

Proposed:

(h) Reporting and recordkeeping.


(1) Reporting.
(A) E. coli.
(i) A system must notify the State by the end of the day when the
system learns of an E. coli MCL violation, unless the system
learns of the violation after the state office is closed and the
State does not have either an after-hours phone line or an
alternative notification procedure, in which case the system

23
must notify the State before the end of the next business day,
and notify the public in accordance with section 11-20-18.
(ii) A system must notify the State by the end of the day when the
system is notified of a total coliform or an E. coli-positive
routine sample, unless the system is notified of the result
after the state office is closed and the State does not have
either an after-hours phone line or an alternative notification
procedure, in which case the system must notify the State
before the end of the next business day.
(B) A system that has violated the treatment technique for coliforms in
subsection (f) must report the violation to the State no later than the
end of the next business day after it learns of the violation, and
notify the public in accordance with section 11-20-18.
(C) A system required to conduct an assessment under subsection (f)
must submit the assessment report within 30 days. The system must
notify the State in accordance with subsection (f)(3) when each
scheduled corrective action is completed for corrections not
completed by the time of submission of the assessment form.
(D) A system that has failed to comply with a coliform monitoring
requirement must report the monitoring violation to the State within
10 days after the system discovers the violation, and notify the public
in accordance with section 11-20-18.
(2) Recordkeeping.
(A) The system must maintain any assessment form, regardless of who
conducts the assessment, and documentation of corrective actions
completed as a result of those assessments, or other available
summary documentation of the sanitary defects and corrective
actions taken under subsection (f) for state review. This record
must be maintained by the system for a period not less than five
years after completion of the assessment or corrective action.
(B) The system must maintain a record of any repeat sample taken that
meets State criteria for an extension of the 24-hour period for
collecting repeat samples as provided for under 40 C.F.R. section
141.858(a)(1).

Rationale: This new subsection specifies the reporting and recordkeeping


requirements for the Revised Total Coliform Rule. All Rule changes are incorporated
verbatim into the new subsection HAR 11-20-9.1(h).

17. §11-20-15 Certified laboratories.

Proposed:

(a) For the purpose of determining compliance with sections 11-20-9 through
[11-20-13,] 11-20-14, 11-20-34, 11-20-35, 11-20-46(d), 11-20-48, and 11-20-50,
samples may be considered only if they have been analyzed by a laboratory certified by

24
the director as specified in EPA 815-B-97-001, "Manual for the Certification of
Laboratories Analyzing Drinking Water", 4th Edition, March 1997, except that
measurements for turbidity, disinfectant residual, temperature, alkalinity, calcium,
conductivity, orthophosphate, silica, and pH may be performed by any person
acceptable to the director.

Rationale: Several sections of the rules have been added because compliance for
these sections requires that certified laboratories have been used for analyses.

18. §11-20-18 Public notice requirements.

Proposed:

(a) Public water systems shall give notice as described below.


(1) Each owner or operator of a public water system (community water
systems, non-transient non-community water systems, and transient
non-community water systems) must give notice for all violations of
national primary drinking water regulations (NPDWR) and for other
situations, as listed below to include violations of the maximum
contaminant level (MCL), maximum residual disinfection level (MRDL),
treatment technique (TT), monitoring requirements, and testing procedures
in this chapter. Appendix G [to this chapter] entitled “NPDWR Violations
and Other Situations Requiring Public Notice”, dated February 13, 2013,
located at the end of this chapter and made a part of this section, identifies
the tier assignment for each specific violation or situation requiring a public
notice;

* * * * *
Rationale: The reference to the table “NPDWR Violations and Other Situations
Requiring Public Notice” is clarified to specify that the table is found in Appendix G, and
updates the date of the table to include new language for the Revised Total Coliform
Rule.

19. §11-20-18 Public notice requirements.

Proposed:

(b) Tier 1 Public Notice - form, manner, and frequency of notice.


(1) Tier 1 public notices are required for the following violations or situations:
(A) [Violation of the MCL for total coliforms when fecal coliform or E. coli
are present in the water distribution system (as specified in section
11-20-6(b), or when the water system fails to test for fecal coliforms
or E. coli when any repeat sample tests positive for coliform (as
specified in section 11-20-9(f)(1);]. Violation of the MCL for E. coli
(as specified in section 11-20-6(a);

25
Rationale: This proposed revision specifies public notice requirements for violation of
the revised MCL for E. coli. This rule change is mandated by the Revised Total
Coliform Rule.

20. §11-20-18 Public notice requirements.

Proposed:

(c) Tier 2 Public Notice - form, manner, and frequency of notice.

* * * * *

(2) Public water systems must issue Tier 2 public notices at the following times
and under the following conditions:

* * * * *

(B) The public water system must repeat the notice every three months
as long as the violation or situation persists, unless the [state] State
determines that appropriate circumstances warrant a different
repeat notice frequency. In no circumstances may the repeat
notice be given less frequently than once per year. It is not
appropriate for the State to allow less frequent repeat notice for an
MCL violation under sections 11-20-6 or 11-20-9.1 or a treatment
technique violation under sections 11-20-46 or 11-20-46.1. It is
also not appropriate for the State to allow through its rules or
policies across-the-board reductions in the repeat notice frequency
for other ongoing violations required a Tier 2 repeat notice. State
determinations allowing repeat notices to be given less frequently
than once every three months must be in writing;

* * * * *

Rationale: The proposed revisions include the public notice requirements of the
Revised Total Coliform Rule for MCL violations and treatment technique violations.
These Rule changes are incorporated verbatim in HAR 11-20-18.

21. §11-20-18 Public notice requirements.

Proposed:

(d) Tier 3 Public Notice - form, manner, and frequency of notice.


(1) Tier 3 public notices are required for the following violations or situations:

26
* * * * *
(F) Reporting and recordkeeping violations under section 11-20-9.1.

Rationale: The proposed revisions specify that the reporting and recordkeeping
violations for the Revised Total Coliform Rule have tier 3 public notice requirements.
These Rule changes are incorporated verbatim in HAR 11-20-18.

22. §11-20-18 Public notice requirements.

Proposed:
(e) Content of public notice.

* * * * *

(4) Public water systems are required to include the following standard
language in their public notice:
(A) Standard health effects language for MCL or MRDL violations,
treatment technique violations, and violations of the condition of a
variance or exemption. Public water systems must include in each
public notice the health effects language specified in Appendix A
entitled “Standard Health Effects Language For Public Notification”,
dated [May 4, 2000,] February 13, 2013, located at the end of this
chapter and made a part of this section, corresponding to each
MCL, MRDL, and treatment technique violation listed in Appendix G
[entitled “NPDWR Violations and Other Situations Requiring Public
Notice”, dated May 4, 2000, located at the end of this chapter and
made a part of this section,], and for each violation of a condition of
a variance or exemption;

* * * *
Rationale: The proposed revisions specify that the date of the attachment Appendix A
has changed. The title of Appendix G is removed because it is referenced in a previous
section of the rules (§11-20-18(a)(1)).

23. §11-20-19.5 Variances and exemptions.

Proposed:

(a) Variances or exemptions from certain provisions of these regulations may


be granted pursuant to sections 1415 and 1416 of the Safe Drinking Water Act and
subpart K of 40 C.F.R. part 142 (for small system variances) by the director, except that
variances or exemptions from the MCLs for total coliforms and E. coli and variances
from any of the treatment technique requirements of section 11-20-46 may not be
granted. Note: As provided in 40 C.F.R. §142.304(a), small system variances are

27
not available for rules addressing microbial contaminants, which would include sections
11-20-9.1, 11-20-46, 11-20-46.1, 11-20-46.2, and 11-20-50.
(b) EPA has stayed the effective date of this section relating to the total
coliform MCL of section 11-20-6(a) for systems that demonstrate to the State that the
violation of the total coliform MCL is due to a persistent growth of total coliforms in the
distribution system rather than fecal or pathogenic contamination, a treatment lapse or
deficiency, or a problem in the operation of maintenance of the distribution system.
This is stayed until March 31, 2016, at which time the total coliform MCL is no longer
effective.

Rationale: This section is added to conform to the requirements of 40 C.F.R. 141.4,


Variances and exemptions. The note to paragraph (a) has been moved to the end of
paragraph (a).

24. §11-20-45.1 Disinfectant residuals, disinfection byproducts, and


disinfection byproduct precursors.

Proposed:

(c) Monitoring requirements.

* * * * *
(3) Monitoring requirements for disinfectant residuals.
(A) Chlorine and chloramines.
(i) Routine monitoring. [Community and nontransient
non-community water systems that use chlorine or
chloramines must measure the residual disinfectant level in
the distribution system at the same point in the distribution
system and at the same time as total coliforms are sampled,
as specified in section 11-20-9.] Beginning April 1, 2016,
community and non-transient non-community water systems
that use chlorine or chloramines must measure the residual
disinfectant level in the distribution system at the same point
in the distribution system and at the same time as total
coliforms are sampled, as specified in sections 11-20-9.1(d)
and (e). Public water systems which filter either a surface
water source or a GWUDI source may use the results of
residual disinfectant concentration sampling conducted under
section [11-20-46(d)(2)(B)(ii),] 11-20-46(d)(2)(B)((iii), in lieu
of taking separate samples.

* * * * *

Rationale: The proposed revisions specify the changes required in the Disinfectant
residuals, disinfection byproducts, and disinfection byproducts precursor monitoring

28
requirements. These Rule changes are mandated by the Revised Total Coliform Rule.

25. §11-20-46 Filtration and disinfection (Surface Water Treatment Rule).

Proposed:

(d) Analytical and monitoring requirements.

* * * * *

(2) Monitoring requirements.

* * * * *

(B) A public water system that uses a surface water source or a GWUDI
source and provides filtration treatment shall monitor in accordance
with this paragraph beginning June 29, 1993, or when filtration is
installed, whichever is later.

* * * * *

(iii) [Heterotrophic bacteria, measured as HPC as specified in


paragraph (1)(A), shall be measured at least at the same
points in the distribution system and at the same time as total
coliforms are sampled, as specified in section [11-20-6,
except that the] Beginning April 1, 2016, HPC must be
measured at least at the same points in the distribution
system and at the same time as total coliforms are sampled,
as specified in sections 11-20-9.1(d) and (e). The director
may allow a public water system which uses both a surface
water source or a GWUDI source, and a ground water source
to take HPC samples at points other than the total coliform
sampling points if the director determines that such points are
more representative of treated (disinfected) water quality
within the distribution system. Residual disinfectant
concentration should also be measured for operational
control.

Rationale: The proposed revisions specify the monitoring changes required in the
Surface Water Treatment Rule. These changes clarify that total coliform sampling is
mandated under section 11-20-9.1(d) and (e) of the Revised Total Coliform Rule.

29
26. § 11-20-50 Ground Water Rule

Proposed:

(c) Ground water source microbial monitoring and analytical methods.


(1) Triggered source water monitoring.
(A) General requirements. A ground water system must conduct
triggered source water monitoring if the following conditions are
identified and exist:
(i) The system does not provide at least 4-log treatment of viruses
(using inactivation, removal, or a [State-approved] state-approved
combination of inactivation and removal) before or at the first
customer for each ground water source; and
(ii) [The system is notified that a sample collected under section
11-20-9(a) is total coliform-positive and the sample is not invalidated
under section 11-20-9(c).] The system is notified that a sample
collected under section 11-20-9.1(d) is total coliform-positive and
the sample is not invalidated under section 11-20-9.1(c)(3)
beginning April 1, 2016.
(B) Sampling requirements. A ground water system must collect,
within 24 hours of notification of the total coliform-positive sample, at
least one ground water source sample from each ground water
source in use at the time the total coliform-positive sample was
collected under section [11-20-9(a),] 11-20-9.1(d) beginning April 1,
2016, except as provided in clause (ii).

* * * * *
(ii) If approved by the State, systems with more than one ground
water source may meet the requirements of this
subparagraph by sampling a representative ground water
source or sources. If directed by the State, systems must
submit for State approval a triggered source water monitoring
plan that identifies one or more ground water sources that
are representative of each monitoring site in the system’s
sample siting plan under section [11-20-9(a)] 11-20-9.1(c)
beginning April 1, 2016, and that the system intends to use
for representative sampling under this paragraph.
(iii) [A] Beginning April 1, 2016, a ground water system serving
1,000 people or fewer may use a repeat sample collected
from a ground water source to meet both the requirements of
section [11-20-9(b)] 11-20-9.1 and to satisfy the monitoring
requirements of this subparagraph for that ground water
source. If the repeat sample collected from the ground
water source is E. coli positive, the system must comply with
paragraph (1)(C).

30
* * * * *

(D) Consecutive and Wholesale Systems.


(i) In addition to the other requirements of this paragraph, a
consecutive ground water system that has a total
coliform-positive sample collected under section [11-20-9(a)]
11-20-9.1(d) beginning April 1, 2016, must notify the
wholesale system(s) within 24 hours of being notified of the
total coliform-positive sample.
(ii) In addition to the other requirements of this paragraph, a
wholesale ground water system that receives notice from a
consecutive system it serves that a sample collected under
section [11-20-9(a)] 11-20-9.1(d) beginning April 1, 2016, is
total coliform-positive must, within 24 hours of being notified,
collect a sample from its ground water source(s) under
subparagraph (B) and analyze it for E. coli under paragraph
(3). If the collected source water sample is E. coli-positive,
the wholesale ground water system must notify all
consecutive systems served by that ground water source of
the E. coli source water positive within 24 hours of being
notified of the ground water source sampling monitoring
result and must meet the requirements of subparagraph (C).
(E) Exceptions to the Triggered Source Water Monitoring
Requirements. A ground water system is not required to comply
with the source water monitoring requirements of paragraph (1) if
either of the following conditions exists:
(i) The State determines, and documents in writing, that the total
coliform-positive sample collected under section [11-20-9(a)]
11-20-9.1(d) beginning April 1, 2016, is caused by a
distribution system deficiency; or
(ii) The total coliform-positive sample collected under section
[11-20-9(a)] 11-20-9.1(d) beginning April 1, 2016, is collected
at a location that meets State criteria for distribution system
conditions that will cause total coliform-positive samples.

Rationale: The proposed revisions specify the changes required in the Ground Water
Rule source microbial monitoring. These Rule changes are mandated by the Revised
Total Coliform Rule.

27. § 11-20-50 Ground Water Rule

Proposed:

(f) Reporting and recordkeeping for ground water systems.

31
* * * * *
(2) Recordkeeping.

* * * * *

(D) For consecutive systems, documentation of notification to the


wholesale system(s) of total-coliform positive samples that are not
invalidated under section [11-20-9(c).] 11-20-9.1(c) beginning April
1, 2016. Documentation shall be kept for a period of not less than
five years.

Rationale: The proposed revisions specify the changes required in the Ground Water
Rule recordkeeping procedures. These Rule changes are mandated by the Revised
Total Coliform Rule..

32
28. §11-20 Appendix A Standard Health Effects Language for Public Notification

Proposed:

Contaminant MCLG1 mg/L MCL2 mg/L Standard Health Effects Language for Public
Notification

National Primary Drinking Water Regulations (NPDWR)


A. Microbiological Contaminants

1a. Total Coliform † Zero See footnote3 Coliforms are bacteria that are naturally
present in the environment and are used
as an indicator that other,
potentially-harmful, bacteria may be
present. Coliforms were found in more
samples than allowed and this was a
warning of potential problems.
1b. Fecal Coliform/E. Zero Zero Fecal coliforms and E. coli are bacteria
coli † whose presence indicates that the water
may be contaminated with human or animal
wastes. Microbes in these wastes can
cause short-term effects, such as
diarrhea, cramps, nausea, headaches, or
other symptoms. They may pose a special
health risk for infants, young children,
some of the elderly, and people with
severely compromised immune systems
1c. Fecal indicator
(GWR)
i. E. coli Zero TT Fecal indicators are microbes whose
presence indicates that the water may be
contaminated with human or animal wastes.
Microbes in these wastes can cause
short-term health effects, such as
diarrhea, cramps, nausea, headaches, or
other symptoms. They may pose a special
health risk for infants, young children,
some of the elderly, and people with
severely compromised immune systems.
1d. Ground Water Rule None TT Inadequately treated or inadequately
(GWR) TT violations protected water may contain
disease-causing organisms. These
organisms can cause symptoms such as
diarrhea, nausea, cramps, and associated
headaches.
1e. Subpart Y Coliform N/A TT Coliforms are bacteria that are naturally
Assessment and/or present in the environment and are used
Corrective Action as an indicator that other, potentially
Violations ‡ harmful, waterborne pathogens may be
present or that a potential pathway exists
through which contamination may enter the
drinking water distribution system. We
found coliforms indicating the need to
look for potential problems in water
treatment or distribution. When this
occurs, we are required to conduct
assessments to identify problems and to
correct any problems that are found.
[THE SYSTEM MUST USE THE FOLLOWING APPICABLE
SENTENCES.]
We failed to conduct the required
assessment.
We failed to correct all identified sanitary
defects that were found during the
assessment(s).
1f. Subpart Y E. coli N/A TT E. coli are bacteria whose presence
Assessment and/or indicates that the water may be contaminated
Corrective Actions with human or animal wastes. Human
Violations ‡ pathogens in these wastes can cause
short-term effects, such as diarrhea,
cramps, nausea, headaches, or other
symptoms. They may pose a greater health risk
for infants, young children, the elderly,
and people with severely compromised immune
systems. We violated the standard for E.
coli, indicating the need to look for
potential problems in water treatment or
distribution. When this occurs, we are
required to conduct a detailed assessment to
identify problems and to correct any
problems that are found.
[THE SYSTEM MUST USE THE FOLLOWING
APPLICABLE SENTENCES.]
We failed to conduct the required
assessment.
We failed to correct all identified sanitary
defects that were found during the
assessment that we conducted.
1g. E. coli ‡ Zero In compliance E. coli are bacteria whose presence
unless one of indicates that the water may be
the following contaminated with human or animal wastes.
conditions Human pathogens in these wastes can cause
occurs: short-term effects, such as diarrhea,
(1) The cramps, nausea, headaches, or other
system has an symptoms. They may pose a greater health
[Link]-positi risk for infants, young children, the
ve repeat elderly, and people with severely
sample compromised immune systems.
following a
total
coliform-posi
tive routine
sample.
(2) The
system has a
total
coliform-posi
tive repeat
sample
following an E.
coli-positive
routine
sample.
(3) The
system fails to
take all
require repeat
samples
following an E.
coli-positive
routine
sample.
(4) The
system fails to
test for E.
coli when any
repeat sample
tests positive
for total
coliform.

* * * * *
Footnotes to Appendix A
† Until March 31, 2016.
‡ Beginning April 1, 2016.
Rationale: The proposed revisions include the Standard Health Effects Language for Public Notification as required by
the Revised Total Coliform Rule total coliform and for the selected fecal indicator, E. coli, and treatment technique (TT)
violations. All Rule changes are incorporated verbatim into the new subsection HAR 11-20 Appendix A.
29. §11-20 APPENDIX G NPDWR VIOLATIONS AND OTHER SITUATIONS REQUIRING PUBLIC NOTICE
(FEBRUARY 13, 2013)1

Proposed:
Appendix G
NPDWR VIOLATIONS AND OTHER SITUATIONS REQUIRING PUBLIC NOTICE (FEBRUARY 13, 2013)1
MCL/MRDL/TT Monitoring & Testing
Violations 2 Procedure Violations
Contaminant Tier of Tier of
Public Public
Citation Citation
Notice Notice
Required Required

I. Violations of National Primary


Drinking Water Regulations
(NPDWR)3
A. Microbiological
Contaminants
1.a Total coliform 2 141.63(a) 3 141.21 (a)-(e)
bacteria †
1.b Total coliform
(Monitoring or TT
violations resulting
from failure to
perform assessments
or corrective
actions) ‡ 2 141.860(b) 3 141.860(c)
2.a Fecal coliform/
E. coli † 1 141.63(b) 41, 3 141.21(e)
2.b E. coli ‡ 1 141.860(a) 3 141.860(c)
2 141.860(d)(2)
2.c E. coli (TT violations
resulting from
failure to perform
level 2 Assessments
or corrective 2 141.860(b) ………. ……….
action)‡

* * * * *
APPENDIX G – FOOTNOTES
† Until March 31, 2016.
‡ Beginning April 1, 2016.
1. Violations and other situations not listed in this table (e.g. failure to prepare Consumer
Confidence Reports), do not require notice, unless otherwise determined by the state.
States may, at their option, also require a more stringent public notice tier (e.g. Tier
1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and situations
listed in this Appendix, as authorized under §141.202(a) and §141.203(a).
2. MCL-Maximum contaminant level, MRDL-Maximum residual disinfectant level, TT-Treatment
technique.
3. The term Violations of National Primary Drinking Water Regulations (NPDWR) is used here
to include violations of MCL, MRDL, treatment technique, monitoring, and testing
procedure requirements.
4. Failure to test for fecal coliform or E. coli is a Tier 1 violation if testing is not
done after any repeat sample tests positive for coliform. All other total coliform
monitoring and testing procedure violations are Tier 3.
5. Systems that violate the turbidity MCL of 5 NTU based on an average of measurements over
two consecutive days must consult with the state within 24 hours after learning of the
violation. Based on this consultation, the state may subsequently decide to elevate
the violation to Tier 1. If a system is unable to make contact with the state in the
24-hour period, the violation is automatically elevated to Tier 1.
6. Systems with treatment technique violations involving a single exceedance of a maximum
turbidity limit under the Surface Water Treatment Rule (SWTR), the Interim Enhanced
Surface Water Treatment rule (IESWTR) or the Long Term 1 Enhanced Surface Water Treatment
Rule (LT1ESWTR) are required to consult with the state within 24 hours after learning
of the violation. Based on this consultation, the state may subsequently decide to
elevate the violation to Tier 1. If a system is unable to make contact with the state
in the 24-hour period, the violation is automatically elevated to Tier 1.
7. Most of the requirements of the Interim Enhanced Surface Water Treatment Rule (63FR69477)
(40C.F.R. §§141.170-141.171, 141.173-141.174) become effective January 1, 2002 for
Subpart H systems (surface water systems and ground water systems under the direct
influence of surface water) serving at least 10,000 persons. However, 40C.F.R. §141.172
has some requirements that become effective as early as April 16, 1999. The Surface
Water Treatment Rule remains in effect for systems serving at least 10,000 persons even
after 2002; the Interim Enhanced Surface Water Treatment Rule adds additional
requirements and does not in many cases supercede the SWTR.
8. The arsenic MCL citations are effective January 23, 2006. Until then, the citations
are §141.11 (b) and §141.23 (n).
9. [The arsenic Tier 3 violation MCL citations are effective January 23, 2006. Until then,
the citations are §141.23 (a), (l).] The uranium MCL Tier 2 violation citations are
effective December 8, 2003 for all community water systems.
10. [Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an
initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for
nitrate are Tier 3.] The uranium Tier 3 violation citations are effective December 8,
2000 for all community water systems.
11. [The uranium MCL, Tier 2 violation citations are effective December 8, 2003 for all
community water systems.] The arsenic Tier 3 violation MCL citations are effective January
23, 2006. Until then, the citations are §141.23(a), (1).
12. [The uranium Tier 3 violation citations are effective December 8, 2000 for all community
water systems.] Failure to take a confirmation sample within 24 hours for nitrate or
nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring
violations for nitrate are Tier 3.
* * * * *

Rationale: The proposed revisions include the National Primary Drinking Water Rules Violations as required by the
Revised Total Coliform Rule. All Rule changes are incorporated verbatim into subsection HAR 11-20 Appendix G.
Footnotes 9 through 12 are revised to correct previous footnote numbering errors.

30. APPENDIX K – ANALYTICAL METHODS FOR CONDUCTING TOTAL COLIFORM AND E. COLI ANALYSES
(HAR §11-20-9.1(b))

Proposed:

Organism Methodology Method 1 Citation 1


Category

Total
Coliforms
Lactose Standard Total Coliform Standard Methods 9221 B.1, B.2 (20th
Fermentation Fermentation Technique ed.; 21st ed.) 2, 3
Methods
Standard Methods Online
9221 B.1, B.2-99 2, 3
Presence-Absence (P-A) Standard Methods 9221 D.1, D.2 (20th
Coliform Test ed.; 21st ed.) 2, 7
Standard Methods Online
9221 D.1, D.2-99 2, 7

Membrane Standard Total Coliform Standard Methods 9222 B, C (20th ed.;


Filtration Membrane Filter Procedure 21st ed.) 2, 4
Methods
Standard Methods Online 9222 B-97
2, 4,

9222 C-97 2, 4

Membrane Filtration using MI EPA Method 1604 2

medium
m-ColiBlue24® Test 2, 4
Chromocult 2, 4

Enzyme Colilert® Standard Methods 9223 B (20th ed.;


Substrate 21st ed.) 2, 5
Methods
Standard Methods Online
9223 B-97 2, 5

Colisure® Standard Methods 9223 B (20th ed.;


21st ed.) 2, 5, 6

Standard Methods Online


9223 B-97 2, 5, 6

E*Colite® Test 2
Readycult® Test 2
modified Colitag® Test 2

Escherichia
coli
Escherichia EC-MUG medium Standard Methods 9221 F.1 (20th ed.;
coli 21st ed.) 2
Procedure
(following
Lactose
Fermentation
Methods)

Escherichia EC broth with MUG (EC-MUG) Standard Methods 9222 G.1c(2) (20th
coli ed.; 21st ed.) 2, 8
Partition
Method
NA-MUG medium Standard Methods 9222 G.1c(1) (20th
ed.; 21st ed.) 2

Membrane Membrane Filtration using MI EPA Method 1604 2

Filtration medium
Methods m-ColiBlue24® Test 2, 4
Chromocult 2, 4

Enzyme Colilert® Standard Methods 9223 B (20th ed.;


Substrate 21st ed.) 2, 5
Methods
Standard Methods Online
9223 B-97 2, 5, 6

Colisure® Standard Methods 9223 B (20th ed.;


21st ed.) 2, 5, 6

Standard Methods Online


9223 B-97 2, 5, 6
E*Colite® Test 2
Readycult® Test 2
modified Colitag® Test 2

(a) Footnotes to Appendix K


1The procedures must be done in accordance with the documents listed in subsection (b) of this Appendix.
For Standard Methods, either editions, 20th (1998) or 21st (2005), may be used. For the Standard Methods
Online, the year in which each method was approved by the Standard Methods Committee is designated by
the last two digits following the hyphen in the method number. The methods listed are the only online
versions that may be used. For vendor methods, the date of the method listed in paragraph (c) of this
section is the date/version of the approved method. The methods listed are the only versions that may
be used for compliance with this rule. Laboratories should be careful to use only the approved versions
of the methods, as product package inserts may not be the same as the approved versions of the methods.
2 Incorporated by reference. See subsection (b) of this Appendix.
3Lactose broth, as commercially available, may be used in lieu of lauryl tryptose broth, if the system
conducts at least 25 parallel tests between lactose broth and lauryl tryptose broth using the water normally
tested, and if the findings from this comparison demonstrate that the false-positive rate and false-negative
rate for total coliforms, using lactose broth, is less than 10 percent.
4 All
filtration series must begin with membrane filtration equipment that has been sterilized by autoclaving.
Exposure of filtration equipment to UV light is not adequate to ensure sterilization. Subsequent to the
initial autoclaving, exposure of the filtration equipment to UV light may be used to sanitize the funnels
between filtrations within a filtration series. Alternatively, membrane filtration equipment that is
pre-sterilized by the manufacturer (i.e., disposable funnel units) may be used.
5Multiple-tube and multi-well enumerative formats for this method are approved for use in presence-absence
determination under this regulation.
6 Colisure® results may be read after an incubation time of 24 hours.
7A multiple tube enumerative format, as described in Standard Methods for the Examination of Water and
Wastewater 9221, is approved for this method for use in presence-absence determination under this regulation.
8The following changes must be made to the EC broth with MUG (EC-MUG) formulation: Potassium dihydrogen
phosphate, KH2PO4, must be 1.5g, and 4-methylumbelliferyl-Beta-D-glucuronide must be 0.05 g.
b) Incorporation by reference. The standards required in §11-20-9.1 are incorporated by reference into this
section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, EPA must publish notice of change in the
Federal Register and the material must be available to the public. All approved material is available for
inspection either electronically at [Link], in hard copy at the Water Docket, or from the sources
indicated below. The Docket ID is EPA-HQ-OW-2008-0878. Hard copies of these documents may be viewed at the
Water Docket in the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave., NW, Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is 1-202-566-1744, and the telephone number
for the Water Docket is 1-202-566-2426. Copyrighted materials are only available for viewing in hard copy.
These documents are also available for inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 1-202-741-6030 or go to:
[Link] [Link].

(1) American Public Health Association, 800 I Street, NW, Washington, DC 20001
(i) “Standard Methods for the Examination of Water and Wastewater,” 20th edition (1998):
(A) Standard Methods 9221, “Multiple-Tube Fermentation Technique for Members of the Coliform Group,”
B.1, B.2, “Standard Total Coliform Fermentation Technique.”
(B) Standard Methods 9221, “Multiple-Tube Fermentation Technique for Members of the Coliform Group,”
D.1, D.2, “Presence-Absence (P-A) Coliform Test.”
(C) Standard Methods 9222, “Membrane Filter Technique for Members of the Coliform Group,” B, “Standard
Total Coliform Membrane Filter Procedure.”
(D) Standard Methods 9222, “Membrane Filter Technique for Members of the Coliform Group,” C,
“Delayed-Incubation Total Coliform Procedure.”
(E) Standard Methods 9223, “Enzyme Substrate Coliform Test,” B, “Enzyme Substrate Test,” Colilert®
and Colisure®.
(F) Standard Methods 9221, “Multiple Tube Fermentation Technique for Members of the Coliform Group,”
F.1, “Escherichia coli Procedure: EC-MUG medium.”
(G) Standard Methods 9222, “Membrane Filter Technique for Members of the Coliform Group,” G.1.c(2),
“Escherichia coli Partition Method: EC broth with MUG (EC-MUG).”
(H) Standard Methods 9222, “Membrane Filter Technique for Members of the Coliform Group,” G.1.c(1),
“Escherichia coli Partition Method: NA-MUG medium.”
(ii) “Standard Methods for the Examination of Water and Wastewater,” 21 st edition (2005):
(A) Standard Methods 9221, “Multiple-Tube Fermentation Technique for Members of the Coliform Group,”
B.1, B.2, “Standard Total Coliform Fermentation Technique.”
(B) Standard Methods 9221, “Multiple-Tube Fermentation Technique for Members of the Coliform Group,”
D.1, D.2, “Presence-Absence (P-A) Coliform Test.”
(C) Standard Methods 9222, “Membrane Filter Technique for Members of the Coliform Group,” B, “Standard
Total Coliform Membrane Filter Procedure.”
(D) Standard Methods 9222, “Membrane Filter Technique for Members of the Coliform Group,” C,
“Delayed-Incubation Total Coliform Procedure.”
(E) Standard Methods 9223, “Enzyme Substrate Coliform Test,” B, “Enzyme Substrate Test,” Colilert®
and Colisure®.
(F) Standard Methods 9221, “Multiple Tube Fermentation Technique for Members of the Coliform Group,”
F.1, “Escherichia coli Procedure: EC-MUG medium.”
(G) Standard Methods 9222, “Membrane Filter Technique for Members of the Coliform Group,” G.1.c(2),
“Escherichia coli Partition Method: EC broth with MUG (EC-MUG).”
(H) Standard Methods 9222, “Membrane Filter Technique for Members of the Coliform Group,” G.1.c(1),
“Escherichia coli Partition Method: NA-MUG medium.”
(iii) “Standard Methods Online” available at [Link]
(A) Standard Methods Online 9221, “Multiple-Tube Fermentation Technique for Members of the Coliform
Group” (1999), B.1, B.2-99, “Standard Total Coliform Fermentation Technique.”
(B) Standard Methods Online 9221, “Multiple-Tube Fermentation Technique for Members of the Coliform
Group” (1999), D.1, D.2-99, “Presence-Absence (P-A) Coliform Test.”
(C) Standard Methods Online 9222, “Membrane Filter Technique for Members of the Coliform Group”
(1997), B-97, “Standard Total Coliform Membrane Filter Procedure.”
(D) Standard Methods Online 9222, “Membrane Filter Technique for Members of the Coliform Group”
(1997), C-97, “Delayed-Incubation Total Coliform Procedure.”
(E) Standard Methods Online 9223, “Enzyme Substrate Coliform Test” (1997), B-97, “Enzyme Substrate
Test”, Colilert® and Colisure®.
(2) Charm Sciences, Inc., 659 Andover Street, Lawrence, MA 01843-1032, telephone 1-800-343-2170:
(i) *Colite® – “Charm E*ColiteTM Presence/Absence Test for Detection and Identification of Coliform
Bacteria and Escherichia coli in Drinking Water,” January 9, 1998.
(ii) [Reserved]
(3) CPI International, Inc., 5580 Skylane Blvd., Santa Rosa, CA, 95403, telephone 1-800-878-7654:
(i) modified Colitag®, ATP D05-0035 – “Modified ColitagTM Test Method for the Simultaneous Detection of
E. coli and other Total Coliforms in Water,” August 28, 2009.
(ii) [Reserved]
(4) EMD Millipore (a division of Merck KGaA, Darmstadt Germany), 290 Concord Road, Billerica, MA 01821, telephone
1-800-645-5476:
(i) Chromocult – “Chromocult® Coliform Agar Presence/Absence Membrane Filter Test Method for Detection
and Identification of Coliform Bacteria and Escherichia coli for Finished Waters,” November 2000,
Version 1.0.
(ii) Readycult® – “Readycult® Coliforms 100 Presence/Absence Test for Detection and Identification of
Coliform Bacteria and Escherichia coli in Finished Waters,” January 2007, Version 1.1.
(5) EPA’s Water Resource Center (MC-4100T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460, telephone
1-202-566-1729:
(i) EPA Method 1604, EPA 821-R-02-024 – “EPA Method 1604: Total Coliforms and Escherichia coli in Water
by Membrane Filtration Using a Simultaneous Detection Technique (MI Medium),” September 2002,
[Link]
(ii) [Reserved]
(6) Hach Company, P.O. Box 389, Loveland, CO 80539, telephone 1-800-604-3493:
(i) m-ColiBlue24® – “Membrane Filtration Method m-ColiBlue24® Broth,” Revision 2, August 17, 1999.
(ii) [Reserved]

Rationale: This new Appendix K specifies the analytical methods which must be used for total coliform and E. coli
analyses in compliance with the Revised Total Coliform Rule. The text is verbatim from 40 C.F.R. §141.852(a)(5) and
40 C.F.R. §141.852(c), and is referenced in Chapter 11-20-9.1(b).

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