Statutes, codes, and regulations
Delaware Administrative Code
Title 16 - Health and SafetyDepartment of Health and Social ServicesDivision of Public HealthHealth Systems Protection (HSP)
Public Drinking Water Systems
Section 4462-13.0 - Initial Distribution System Evaluations

16 Del. Admin. Code § 4462-13.0

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Current through Register Vol. 28, No. 7, January 1, 2025
Section 4462-13.0 - Initial Distribution System Evaluations
13.1 General requirements.
13.1.1 The requirements of Section 13.0 constitute national primary drinking water regulations. The regulations in this subpart establish monitoring and other requirements for identifying Section 14.0 compliance monitoring locations for determining compliance with maximum contaminant levels for total trihalomethanes (TTHM) and haloacetic acids (five)(HAA5). You must use an Initial Distribution System Evaluation (IDSE) to determine locations with representative high TTHM and HAA5 concentrations throughout your distribution system. IDSEs are used in conjunction with, but separate from, Section 12.0 compliance monitoring, to identify and select Section 14.0 compliance monitoring locations.
13.1.2 Applicability. You are subject to these requirements if your system is a community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light; or if your system is a non-transient non-community water system that serves at least 10,000 people and uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light.
13.1.3 Schedule.
13.1.3.1 You must comply with the requirements of this section on the schedule in the table in this paragraph.

If you serve this population You must submit your standard monitoring plan or system specific study plan1 or 40/30 certification2 to the Division by or receive very small system waiver from the Division You must complete your standard monitoring or system specific study by You must submit your IDSE report to the Division by3
Systems that are not part of a combined distribution system and systems that serve the largest population in the combined distribution system
(i) >100,000 October 1, 2006 September 30, 2008 January 1, 2009
(ii) 50,000-99,999 April 1, 2007 March 31, 2009 July 1, 2009
(iii) 10,000-49,999 October 1, 2007 September 30, 2009 January 1, 2010
(iv) <10,000 (CWS only) April 1, 2008 March 31, 2010 July 1, 2010
Other systems that are part of a combined distribution system
(v) Wholesale system or consecutive system At the same time as the system with the earliest compliance date in the combined distribution system. At the same time as the system with the earliest compliance date in the combined distribution system. At the same time as the system with the earliest compliance date in the combined distribution system.

1 If, within 12 months after the date identified in this column, the Division does not approve your plan or notify you that it has not yet completed its review, you may consider the plan that you submitted as approved. You must implement that plan and you must complete standard monitoring or a system specific study no later than the date identified in the third column.

2 You must submit your 40/30 certification under subsection 13.4 by the date indicated.

3 If, within three months after the date identified in this column (nine months after the date identified in this column if you must comply on the schedule in section iii of the table), the Division does not approve your IDSE report or notify you that it has not yet completed its review, you may consider the report that you submitted as approved and you must implement the recommended monitoring as required in Section 14.0.

13.1.3.2 For the purpose of the schedule in subsection 13.1.3.1, the Division may determine that the combined distribution system does not include certain consecutive systems based on factors such as receiving water from a wholesale system only on an emergency basis or receiving only a small percentage and small volume of water from a wholesale system. The Division may also determine that the combined distribution system does not include certain wholesale systems based on factors such as delivering water to a consecutive system only on an emergency basis or delivering only a small percentage and small volume of water to a consecutive system.
13.1.4 You must conduct standard monitoring that meets the requirements in subsection 13.2, or a system specific study that meets the requirements in subsection 13.3, or certify to the Division that you meet 40/30 certification criteria under subsection 13.4, or qualify for a very small system waiver under subsection 13.5.
13.1.4.1 You must have taken the full complement of routine TTHM and HAA5 compliance samples required of a system with your population and source water under Section 12.0 of this part (or you must have taken the full complement of reduced TTHM and HAA5 compliance samples required of a system with your population and source water under subsection 12.7.1.1 if you meet reduced monitoring criteria under subsection 12.7.1.2 of this part) during the period specified in subsection 13.4.1 to meet the 40/30 certification criteria in subsection 13.4. You must have taken TTHM and HAA5 samples under subsections 12.6 to be eligible for the very small system waiver in subsection 13.5.
13.1.4.2 If you have not taken the required samples, you must conduct standard monitoring that meets the requirements in subsection 13.2, or a system specific study that meets the requirements in subsection 13.3.
13.1.5 You must use only the analytical methods specified in subsection 12.5.1, or otherwise approved by EPA for monitoring under this section, to demonstrate compliance with the requirements of this section.
13.1.6 IDSE results will not be used for the purpose of determining compliance with MCLs in subsection 9.2.1.2.
13.2 Standard monitoring.
13.2.1 Standard monitoring plan. Your standard monitoring plan must comply with subsections 13.2.1 through 13.2.1.4. You must prepare and submit your standard monitoring plan to the Division according to the schedule in subsection 13.1.3.
13.2.1.1 Your standard monitoring plan must include a schematic of your distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating locations and dates of all projected standard monitoring, and all projected compliance monitoring in subsection 12.6.
13.2.1.2 Your standard monitoring plan must include justification of standard monitoring location selection and a summary of data you relied on to justify standard monitoring location selection.
13.2.1.3 Your standard monitoring plan must specify the population served and system type (surface water or ground water under the direct influence of surface water or ground water).
13.2.1.4 You must retain a complete copy of your standard monitoring plan submitted under subsection 13.2.1, including any Division modification of your standard monitoring plan, for as long as you are required to retain your IDSE report under subsection 13.2.3.4.
13.2.2 Standard monitoring.
13.2.2.1 You must monitor as indicated in the table in this subsection 13.2.2.1. You must collect dual sample sets at each monitoring location. One sample in the dual sample set must be analyzed for TTHM. The other sample in the dual sample set must be analyzed for HAA5. You must conduct one monitoring period during the peak historical month for TTHM levels or HAA5 levels or the month of warmest water temperature. You must review available compliance, study, or operational data to determine the peak historical month for TTHM or HAA5 levels or warmest water temperature.

Source Water Type Population Size Category Monitoring periods and frequency of sampling Distribution system monitoring locations1
Total per monitoring period Near entry points Average residence time High TTHM locations High HAA5 locations
Surface water or ground water under the direct influence of surface water <500 consecutive systems One (during peak historical month)2 2 1 ............ 1
<500 non-consecutive systems ............... 2 ............ ............ 1 1
500-3,300 consecutive systems Four (every 90 days) 2 1 ............... 1
500-3,300 non-consecutive systems ............ 2 ............ ............ 1 1
3,301-9,999 ............ 4 ............ 1 2 1
10,000-49,999 Six (every 60 days) 8 1 2 3 2
50,000-249,999 ............ 16 3 4 5 4
250,000-999,999 ............ 24 4 6 8 6
1,000,000-4,999,999 ............ 32 6 8 10 8
[GREATER THEN OR EQUAL TO]5,000,000 ............ 40 8 10 12 10
-
Ground Water <500 consecutive systems One (during peak historical month)2 2 1 ............ 1
<500 non-consecutive systems ............... 2 ............ ............ 1 1
500-9,999 Four (every 90 days) 2 ............ ............. 1 1
10,000-99,999 ............ 6 1 1 2 2
100,000-499,999 ............ 8 1 1 3 3
[GREATER THEN OR EQUAL TO]500,000 ............ 12 2 2 4 4

1 A dual sample set (i.e., a TTHM and an HAA5 sample) must be taken at each monitoring location during each monitoring period.

2 The peak historical month is the month with the highest TTHM or HAA5 levels or the warmest water temperature.

13.2.2.2 You must take samples at locations other than the existing monitoring locations in subsection 12.4. Monitoring locations must be distributed throughout the distribution system.
13.2.2.3 If the number of entry points to the distribution system is fewer than the specified number of entry point monitoring locations, excess entry point samples must be replaced equally at high TTHM and HAA5 locations. If there is an odd extra location number, you must take a sample at a high TTHM location. If the number of entry points to the distribution system is more than the specified number of entry point monitoring locations, you must take samples at entry points to the distribution system having the highest annual water flows.
13.2.2.4 Your monitoring under this subsection 13.2.2 may not be reduced under the provisions of subsection 1.16.2.
13.2.3 IDSE report. Your IDSE report must include the elements required in subsections 13.2.3.1 through 13.2.3.4. You must submit your IDSE report to the Division according to the schedule in subsection 13.1.3.
13.2.3.1 Your IDSE report must include all TTHM and HAA5 analytical results from compliance monitoring under subsection 12.6 and all standard monitoring conducted during the period of the IDSE as individual analytical results and LRAAs presented in a tabular or spreadsheet format acceptable to the Division. If changed from your standard monitoring plan submitted under subsection 13.1, your report must also include a schematic of your distribution system, the population served, and system type (Surface water or ground water under the direct influence of surface water or ground water).
13.2.3.2 Your IDSE report must include an explanation of any deviations from your approved standard monitoring plan.
13.2.3.3 You must recommend and justify compliance monitoring locations and timing under Section 14.0 based on the protocol in subsection 13.6.
13.2.3.4 You must retain a complete copy of your IDSE report submitted under this section for 10 years after the date that you submitted your report. If the Division modifies the monitoring requirements under Section 14.0 that you recommended in your IDSE report or if the Division approves alternative monitoring locations, you must keep a copy of the Division's notification on file for 10 years after the date of the Division's notification. You must make the IDSE report and any Division notification available for review by the Division or the public.
13.3 System specific studies.
13.3.1 System specific study plan. Your system specific study plan must be based on either existing monitoring results as required under subsection 13.1.1 or modeling as required under subsection 13.1.2. You must prepare and submit your system specific study plan to the Division according to the schedule in subsection 13.1.3.
13.3.1.1 Existing monitoring results. You may comply by submitting monitoring results collected before you are required to begin monitoring under subsection 13.1.3. The monitoring results and analysis must meet the criteria in subsections 13.3.1.1.1 and 13.3.1.1.2.
13.3.1.1.1 Minimum requirements.
13.3.1.1.1.1 TTHM and HAA5 results must be based on samples collected and analyzed in accordance with subsection 12.5.1. Samples must be collected no earlier than five years prior to the study plan submission date.
13.3.1.1.1.2 The monitoring locations and frequency must meet the conditions identified in this subsection 13.3.1.1.1.2. Each location must be sampled once during the peak historical month for TTHM levels or HAA5 levels or the month of warmest water temperature for every 12 months of data submitted for that location. Monitoring results must include all compliance monitoring results under subsection 12.6 plus additional monitoring results as necessary to meet minimum sample requirements.

System Type Population size category Number of monitoring locations Number of samples
TTHM HAA5
Surface water or ground water under the direct influence of surface water <500 3 3 3
500-3,300 3 9 9
3,301-9,999 6 36 36
10,000-49,999 12 72 72
50,000-249,999 24 144 144
250,000-999,999 36 216 216
1,000,000-4,999,999 48 288 288
[GREATER THEN OR EQUAL TO]5,000,000 60 360 360
Ground Water <500 3 3 3
500-9,999 3 9 9
10,000-99,999 12 48 48
100,000-499,999 18 72 72
[GREATER THEN OR EQUAL TO]500,000 24 96 96

13.3.1.1.2 Reporting monitoring results. You must report the information in this subsection 13.3.1.1.2.
13.3.1.1.2.1 You must report previously collected monitoring results and certify that the reported monitoring results include all compliance and non-compliance results generated during the time period beginning with the first reported result and ending with the most recent results collected under subsection 12.6.
13.3.1.1.2.2 You must certify that the samples were representative of the entire distribution system and that the treatment and distribution system have not changed significantly since the samples were collected.
13.3.1.1.2.3 Your study monitoring plan must include a schematic of your distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating the locations and dates of all completed or planned system specific study monitoring.
13.3.1.1.2.4 Your system specific study plan must specify the population served and system type (Surface water or ground water under the direct influence of surface water or ground water).
13.3.1.1.2.5 You must retain a complete copy of your system specific study plan submitted under this subsection 13.3.1.1, including any Division modification of your system specific study plan, for as long as you are required to retain your IDSE report under subsection 13.3.2.5.
13.3.1.1.2.6 If you submit previously collected data that fully meet the number of samples required under subsection 13.3.1.1.1.2 and the Division rejects some of the data, you must either conduct additional monitoring to replace rejected data on a schedule the Division approves or conduct standard monitoring under subsection 13.2.
13.3.1.2 Modeling. You may comply through analysis of an extended period simulation hydraulic model. The extended period simulation hydraulic model and analysis must meet the criteria in this subsection 13.3.1.2.
13.3.1.2.1 Minimum requirements.
13.3.1.2.1.1 The model must simulate 24 hour variation in demand and show a consistently repeating 24 hour pattern of residence time.
13.3.1.2.1.2 The model must represent the criteria listed in subsections 13.3.1.2.1.2.1 through 13.3.1.2.1.2.9.
13.3.1.2.1.2.1 75% of pipe volume;
13.3.1.2.1.2.2 50% of pipe length;
13.3.1.2.1.2.3 All pressure zones;
13.3.1.2.1.2.4 All 12-inch diameter and larger pipes;
13.3.1.2.1.2.5 All 8-inch and larger pipes that connect pressure zones, influence zones from different sources, storage facilities, major demand areas, pumps, and control valves, or are known or expected to be significant conveyors of water;
13.3.1.2.1.2.6 All 6-inch and larger pipes that connect remote areas of a distribution system to the main portion of the system;
13.3.1.2.1.2.7 All storage facilities with standard operations represented in the model; and
13.3.1.2.1.2.8 All active pump stations with controls represented in the model; and
13.3.1.2.1.2.9 All active control valves.
13.3.1.2.1.3 The model must be calibrated, or have calibration plans, for the current configuration of the distribution system during the period of high TTHM formation potential. All storage facilities must be evaluated as part of the calibration process. All required calibration must be completed no later than 12 months after plan submission.
13.3.1.2.2 Reporting modeling. Your system specific study plan must include the information in this subsection 13.3.1.2.2.
13.3.1.2.2.1 Tabular or spreadsheet data demonstrating that the model meets requirements in subsection 13.3.1.2.1.2.
13.3.1.2.2.2 A description of all calibration activities undertaken, and if calibration is complete, a graph of predicted tank levels versus measured tank levels for the storage facility with the highest residence time in each pressure zone, and a time series graph of the residence time at the longest residence time storage facility in the distribution system showing the predictions for the entire simulation period (i.e., from time zero until the time it takes to for the model to reach a consistently repeating pattern of residence time).
13.3.1.2.2.3 Model output showing preliminary 24 hour average residence time predictions throughout the distribution system.
13.3.1.2.2.4 Timing and number of samples representative of the distribution system planned for at least one monitoring period of TTHM and HAA5 dual sample monitoring at a number of locations no less than would be required for the system under standard monitoring in subsection 13.2 during the historical month of high TTHM. These samples must be taken at locations other than existing compliance monitoring locations in subsection 12.6.
13.3.1.2.2.5 Description of how all requirements will be completed no later than 12 months after you submit your system specific study plan.
13.3.1.2.2.6 Schematic of your distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating the locations and dates of all completed system specific study monitoring (if calibration is complete) and all compliance monitoring under subsection 12.6.
13.3.1.2.2.7 Population served and system type (Surface water or ground water under the direct influence of surface water or ground water).
13.3.1.2.2.8 You must retain a complete copy of your system specific study plan submitted under this subsection 13.3.1.2, including any Division modification of your system specific study plan, for as long as you are required to retain your IDSE report under subsection 13.3.1.2.7.
13.3.1.2.3 If you submit a model that does not fully meet the requirements under subsection 13.3.1.2, you must correct the deficiencies and respond to Division inquiries concerning the model. If you fail to correct deficiencies or respond to inquiries to the Division's satisfaction, you must conduct standard monitoring under subsection 13.2.
13.3.2 IDSE report. Your IDSE report must include the elements required in subsections 13.3.2.1 through 13.3.2.6. You must submit your IDSE report according to the schedule in subsection 13.1.3.
13.3.2.1 Your IDSE report must include all TTHM and HAA5 analytical results from compliance monitoring under subsection 12.6 and all system specific study monitoring conducted during the period of the system specific study presented in a tabular or spreadsheet format acceptable to the Division. If changed from your system specific study plan submitted under subsection 13.3, your IDSE report must also include a schematic of your distribution system, the population served, and system type (Surface water or ground water under the direct influence of surface water or ground water).
13.3.2.2 If you used the modeling provision under subsection 13.3.1.2, you must include final information for the elements described in subsection 13.3.1.2.2, and a 24-hour time series graph of residence time for each compliance monitoring location selected under Section 14.0.
13.3.2.3 You must recommend and justify compliance monitoring locations under Section 14.0 and timing based on the protocol in subsection 13.6.
13.3.2.4 Your IDSE report must include an explanation of any deviations from your approved system specific study plan.
13.3.2.5 Your IDSE report must include the basis (analytical and modeling results) and justification you used to select the recommended monitoring locations under section 14.0.
13.3.2.6 You may submit your IDSE report in lieu of your system specific study plan on the schedule identified in subsection 13.1.3 for submission of the system specific study plan if you believe that you have the necessary information by the time that the system specific study plan is due. If you elect this approach, your IDSE report must also include all information required under subsection 13.3.1.
13.3.2.7 You must retain a complete copy of your IDSE report submitted under this section for 10 years after the date that you submitted your IDSE report. If the Division modifies the monitoring requirements under section 14.0 that you recommended in your IDSE report or if the Division approves alternative monitoring locations, you must keep a copy of the Division's notification on file for 10 years after the date of the Division's notification. You must make the IDSE report and any Division notification available for review by the Division or the public.
13.4 40/30 certification.
13.4.1 Eligibility. You are eligible for 40/30 certification if you had no TTHM or HAA5 monitoring violations under subsection 12.7 of this part and no individual sample exceeded 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 during an eight consecutive calendar quarter period beginning no earlier than the date specified in this subsection (13.4.1).

If your 40/30 certification is due Then your eligibility for 40/30 certification is based on eight consecutive calendar quarters of compliance monitoring results under subsection 12.7 beginning no earlier than1
(1) October 1, 2006 January 2004
(2) April 1, 2007 January 2004
(3) October 1, 2007 January 2005
(4) April 1, 2008 January 2005

1 Unless you are on reduced monitoring under subsection 12.7.1.2 of this part and were not required to monitor during the specified period. If you did not monitor during the specified period, you must base your eligibility on compliance samples taken during the 12 months preceding the specified period.

13.4.2 40/30 certification.
13.4.2.1 You must certify to your Division that every individual compliance sample taken under subsection 12.7.1 of this part during the periods specified in subsection 13.4.1 were [LESS THEN OR EQUAL TO]0.040 mg/L for TTHM and [LESS THEN OR EQUAL TO]0.030 mg/L for HAA5, and that you have not had any TTHM or HAA5 monitoring violations during the period specified in subsection 13.4.1.
13.4.2.2 The Division may require you to submit compliance monitoring results, distribution system schematics, and/or recommended compliance monitoring under Section 14.0 locations in addition to your certification. If you fail to submit the requested information, the Division may require standard monitoring under subsection 13.2 or a system specific study under subsection 13.3.
13.4.2.3 The Division may still require standard monitoring under subsection 13.2 or a system specific study under subsection 13.3 even if you meet the criteria in subsection 13.4.1.
13.4.2.4 You must retain a complete copy of your certification submitted under this section for 10 years after the date that you submitted your certification. You must make the certification, all data upon which the certification is based, and any Division notification available for review by the Division or the public.
13.5 Very small system waivers.
13.5.1 If you serve fewer than 500 people and you have taken TTHM and HAA5 samples under subsection 12.7 of this part, you are not required to comply with this section unless the Division notifies you that you must conduct standard monitoring under subsection 13.2 or a system specific study under subsection 13.3.
13.5.2 If you have not taken TTHM and HAA5 samples under subsection 12.7.1 of this part or if the Division notifies you that you must comply with this section, you must conduct standard monitoring under subsection 13.2 or a system specific study under subsection 13.3.
13.6 Compliance monitoring location recommendations.
13.6.1 Your IDSE report must include your recommendations and justification for where and during what month(s) TTHM and HAA5 monitoring for Section 14.0 of this part should be conducted. You must base your recommendations on the criteria in subsections 13.6.2 through 13.6.5.
13.6.2 You must select the number of monitoring locations specified in the table in this subsection 13.6.2. You will use these recommended locations as routine compliance monitoring locations for Section 14.0, unless the Division requires different or additional locations. You should distribute locations throughout the distribution system to the extent possible.

Source water type Population size category Monitoring frequency1 Distribution system monitoring location
Total per monitoring period2 Highest TTHM locations Highest HAA5 locations Existing subsection 12.6 compliance locations
Surface water or ground water under the direct influence of surface water <500 Per year 2 1 1 ............
500-3,300 Per quarter 2 1 1
3,301-9,999 Per quarter 2 1 1 ............
10,000-49,999 Per quarter 4 2 1 1
50,000-249,999 Per quarter 8 3 3 2
250,000- 999,999 Per quarter 12 5 4 3
1,000,000- 4,999,999 Per quarter 16 6 6 4
[GREATER THEN OR EQUAL TO]5,000,000 Per quarter 20 8 7 5
Ground water
<500 Per year 2 1 1
500-9,999 Per year 2 1 1
10,000-99,999 Per quarter 4 2 1 1
100,000-499,999 Per quarter 6 3 2 1
[GREATER THEN OR EQUAL TO]500,000 Per quarter 8 3 3 2

1 All systems must monitor during month of highest DBP concentrations.

2 Systems on quarterly monitoring must take dual sample sets every 90 days at each monitoring location, except for surface water or ground water under the direct influence of surface water systems serving 500-3,300. Ground water systems serving 500-9,999 on annual monitoring must take dual sample sets at each monitoring location. All other systems on annual monitoring and surface water or ground water under the direct influence of surface water systems serving 500-3,300 are required to take individual TTHM and HAA5 samples (instead of a dual sample set) at the locations with the highest TTHM and HAA5 concentrations, respectively. [For systems serving fewer than 500 people, only one location with a dual sample set per monitoring period is needed if highest TTHM and HAA5 concentrations occur at the same location, and month.

13.6.3 You must recommend compliance monitoring locations under Section 14.0 based on standard monitoring results, system specific study results, and compliance monitoring results under subsection 12.4. You must follow the protocol in subsections 13.6.3.1 through 13.6.3.7. If required to monitor at more than eight locations, you must repeat the protocol as necessary. If you do not have existing compliance monitoring results from subsection 12.6 or if you do not have enough existing compliance monitoring results from subsection 12.7, you must repeat the protocol, skipping the provisions of subsections 13.6.3.3 and 13.6.3.7 as necessary, until you have identified the required total number of monitoring locations.
13.6.3.1 Location with the highest TTHM LRAA not previously selected as a monitoring location under Section 14.0.
13.6.3.2 Location with the highest HAA5 LRAA not previously selected as a monitoring location under Section 14.0.
13.6.3.3 Existing average residence time compliance monitoring location under subsection 12.7.1 (maximum residence time compliance monitoring location for ground water systems) with the highest HAA5 LRAA not previously selected as a monitoring location under Section 14.0.
13.6.3.4 Location with the highest TTHM LRAA not previously selected as a monitoring location under Section 14.0.
13.6.3.5 Location with the highest TTHM LRAA not previously selected as a monitoring location under Section 14.0.
13.6.3.6 Location with the highest HAA5 LRAA not previously selected as a monitoring location under Section 14.0.
13.6.3.7 Existing average residence time compliance monitoring location under subsection 12.7.1 (maximum residence time compliance monitoring location for ground water systems) with the highest TTHM LRAA not previously selected as a monitoring location under Section 14.0.
13.6.3.8 Location with the highest HAA5 LRAA not previously selected as a monitoring location under Section 14.0.
13.6.4 You may recommend locations other than those specified in subsection 13.6.3 if you include a rationale for selecting other locations. If the Division approves the alternate locations, you must monitor at these locations to determine compliance under Section 14.0 of this part.
13.6.5 Your recommended schedule must include monitoring under Section 14.0 during the peak historical month for TTHM and HAA5 concentration, unless the Division approves another month. Once you have identified the peak historical month, and if you are required to conduct routine monitoring at least quarterly, you must schedule compliance monitoring under Section 14.0 at a regular frequency of every 90 days or fewer.

16 Del. Admin. Code § 4462-13.0

24 DE Reg. 794(2/1/2021)
25 DE Reg. 713( 1/1/2022) (Final)