Rule 391-3-5-.52 - Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR)(1)Purpose. The purpose of the Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) is to reduce illness linked with the contaminant Cryptosporidium and other disease-causing microorganisms in drinking water. The rule supplements existing regulations by targeting additional Cryptosporidium treatment requirements to higher risk systems. This rule also contains provisions to reduce risks from uncovered finished water reservoirs and to ensure that systems maintain microbial protection when they take steps to decrease the formation of disinfection byproducts that result from chemical water treatment.(2)Applicability. This regulation applies to all public water systems that use surface water or ground water under the direct influence (GWUDI) of surface water.(3)Enhanced Treatment for Cryptosporidium.(a) General requirements. The requirements of 40 CFR Part 141 Subpart W are national primary drinking water regulations. The regulations in this subpart establish or extend treatment technique requirements in lieu of maximum contaminant levels for Cryptosporidium. These requirements are in addition to requirements for filtration and disinfection in Subparts H, P, and T of 40 CFR Part 141.(b) Applicability. The requirements of 40 CFR Part 141 SubpartW apply to all public water systems supplied by a surface water source and public water systems supplied by a ground water source under the direct influence of surface water. 1. Wholesale systems, as defined in 40 CFR § 141.2, must comply with the requirements of 40 CFR Part 141 Subpart W based on the population of the largest system in the combined distribution system.2. The requirements of 40 CFR Part 141 Subpart W for filtered systems apply to systems required by National Primary Drinking Water Regulations to provide filtration treatment, whether or not the system is currently operating a filtration system.3. The requirements of 40 CFR Part 141 Subpart W for unfiltered systems apply only to unfiltered systems that timely met and continue to meet the filtration avoidance criteria in Subparts H, P, and T of 40 CFR Part 141, as applicable.(c) Requirements. Systems subject to 40 CFR Part 141 Subpart W must comply with the following requirements: 1. Systems must conduct an initial and a second round of source water monitoring for each plant that treats a surface water or GWUDI source. This monitoring may include sampling for Cryptosporidium, E. coli, and turbidity as described in 40 CFR § 141.701 through 141.706, to determine what level, if any, of additional Cryptosporidium treatment they must provide.2. Systems that plan to make a significant change to their disinfection practice must develop disinfection profiles and calculate disinfection benchmarks, as described in 40 CFR §§ 141.708 through 141.709.3. Filtered systems must determine their Cryptosporidium treatment bin classification as described in 40 CFR § 141.710 and provide additional treatment for Cryptosporidium, if required, as described in 40 CFR § 141.711. All unfiltered systems must provide treatment for Cryptosporidium as described in 40 CFR § 141.712. Filtered and unfiltered systems must implement Cryptosporidium treatment according to the schedule in 40 CFR § 141.713.4. Systems with uncovered finished water storage facilities must comply with the requirements to cover the facility or treat the discharge from the facility as described in 40 CFR § 141.714.5. Systems required to provide additional treatment for Cryptosporidium must implement microbial toolbox options that are designed and operated as described in 40 CFR § 141.715 through 141.720.6. Systems must comply with the applicable recordkeeping and reporting requirements described in 40 CFR § 141.721 through 141.722.7. Systems must address significant deficiencies identified in sanitary surveys performed by EPA or Division as described in 40 CFR § 141.723.(4)Source Water Monitoring.40 CFR, Subpart W § 141.701(a) through (h), in its entirety, is hereby incorporated by reference. Systems are required to conduct source water monitoring for Cryptosporidium, E. coli, and turbidity in accordance with the monitoring schedule specified in this section.(5)Sampling Schedules.40 CFR, Subpart W § 141.702(a) through (c), in its entirety, is hereby incorporated by reference. Systems required to conduct source water monitoring under 40 CFR § 141.701 must submit a sampling schedule that specifies the calendar dates when the system will collect each required sample.(6)Sampling Locations.40 CFR, Subpart W § 141.703(a) through (f), in its entirety, is hereby incorporated by reference. Systems required to conduct source water monitoring under 40 CFR § 141.701 must collect samples for each plant that treats a surface water or GWUDI source. Where multiple plants draw water from the same influent, such as the same pipe or intake, the Division may approve one set of monitoring results to be used to satisfy the requirements of 40 CFR § 141.701 for all plants. Systems must collect source water samples prior to chemical treatment, such as coagulants, oxidants and disinfectants, unless the Division determines that collecting a sample prior to chemical treatment is not feasible for the system and that the chemical treatment is unlikely to have a significant adverse effect on the analysis of the sample.(7)Analytical Methods.40 CFR, Subpart W § 141.704(a) through (c), in its entirety, is hereby incorporated by reference.(8)Approved Laboratories.40 CFR, Subpart W § 141.705(a) through (c), in its entirety, is hereby incorporated by reference.(9)Reporting Source Water Monitoring Results.40 CFR, Subpart W § 141.706(a) through (e), in its entirety, is hereby incorporated by reference.(10)Grandfathering Previously Collected Data.40 CFR, Subpart W § 141.707(a) through (h), in its entirety, is hereby incorporated by reference. Systems may comply with the initial source water monitoring requirements of 40 CFR § 141.701(a) by grandfathering sample results collected before the system is required to begin monitoring (i.e., previously collected data). To be grandfathered, the sample results and analysis must meet the criteria in this section and the Division must approve.(11)Requirements when Making a Significant Change in Disinfection Practice.40 CFR, Subpart W § 141.708(a) through (b), in its entirety, is hereby incorporated by reference. Following the completion of initial source water monitoring under 40 CFR § 141.701(a), a system that plans to make a significant change to its disinfection practice, as defined in this section, must calculate disinfection benchmarks for Giardia lamblia and viruses as described in 40 CFR § 141.709. Prior to changing the disinfection practice, the system must notify the Division and must include in this notice the information outlined in this section. Significant changes to disinfection practice are defined as follows:(a) Changes to the point of disinfection;(b) Changes to the disinfectant(s) used in the treatment plant;(c) Changes to the disinfection process; or(d) Any other modification identified by the State as a significant change to disinfection practice.(12)Developing the Disinfection Profile and Benchmark.40 CFR, Subpart W § 141.709(a) through (e), in its entirety, is hereby incorporated by reference. Systems required to develop disinfection profiles under 40 CFR § 141.708 must follow the requirements of this section. Systems must monitor at least weekly for a period of 12 consecutive months to determine the total log inactivation for Giardia lamblia and viruses. The disinfection benchmark is the lowest monthly mean value (for systems with one year of profiling data) or the mean of the lowest monthly mean values (for systems with more than one year of profiling data) of Giardia lamblia and virus log inactivation in each year of profiling data.(13)Bin Classification for Filtered Systems.40 CFR, Subpart W § 141.710(a) through (f), in its entirety, is hereby incorporated by reference. Following completion of the initial round of source water monitoring required under 40 CFR § 141.701(a), filtered systems must calculate an initial Cryptosporidium bin concentration for each plant for which monitoring was required. Calculation of the bin concentration must use the Cryptosporidium results reported under 40 CFR § 141.701(a) and must follow the procedures outlined in this section. (a) Filtered systems must determine their initial bin classification from the table in 40 CFR 141.710(c) and using the Cryptosporidium bin concentration calculated under paragraphs (a)-(b) of this section (40 CFR, Subpart W § 141.710).(b) Following completion of the second round of source water monitoring required under 40 CFR § 141.701(b), filtered systems must recalculate their Cryptosporidium bin concentration using the Cryptosporidium results reported under 40 CFR § 141.701(b) and following the procedures in paragraphs (b)(1) through (4) of 40 CFR § 141.710. Systems must then redetermine their bin classification using this bin concentration and the table in paragraph (c) of 40 CFR § 141.710.(14)Filtered System Additional Cryptosporidium Treatment Requirements.40 CFR, Subpart W § 141.711(a) through (d), in its entirety, is hereby incorporated by reference. Filtered systems must provide the level of additional treatment for Cryptosporidium specified in paragraph (a) of 40 CFR § 141.711 based on their bin classification as determined under 40 CFR § 141.710 and according to the schedule in 40 CFR § 141.713. (a) Filtered systems must use one or more of the treatment and management options listed in 40 CFR § 141.715, termed the microbial toolbox, to comply with the additional Cryptosporidium treatment required in paragraph (a) of 40 CFR § 141.711.(b) Systems classified in Bin 3 and Bin 4 must achieve at least 1-log of the additional Cryptosporidium treatment required under paragraph (a) of 40 CFR § 141.711 using either one or a combination of the following: bag filters, bank filtration, cartridge filters, chlorine dioxide, membranes, ozone, or UV, as described in 40 CFR §§ 141.716 through 141.720.(c) Failure by a system in any month to achieve treatment credit by meeting criteria in §§ 141.716 through 141.720 for microbial toolbox options that is at least equal to the level of treatment required in paragraph (a) of 40 CFR § 141.711 is a violation of the treatment technique requirement.(15)Unfiltered System Cryptosporidium Treatment Requirements. All systems that are using surface water sources or groundwater sources that are determined to be under the direct influence of surface water supplies are required to provide filtration and disinfection treatments, in addition to that other treatments that are required by the Division, in order to comply with the drinking water standards, regulations and operating permit conditions, required by the Rules for Safe Drinking Water, Chapter 391-3-5. In order to provide regulatory information on the Cryptosporidium treatment requirements for unfiltered water systems, 40 CFR, Subpart W § 141.712(a) through (d) is hereby incorporated by reference.(16)Schedule for Compliance with Cryptosporidium Treatment Requirements.(a) Following initial bin classification under 40 CFR § 141.710(c), filtered systems must provide the level of treatment for Cryptosporidium required under 40 CFR § 141.711 according to the schedule in paragraph (16)(c).(b) Following initial determination of the mean Cryptosporidium level under 40 CFR § 141.712(a)(1), unfiltered systems must provide the level of treatment for Cryptosporidium required under 40 CFR § 141.712 according to the schedule in paragraph (16)(c).(c) Cryptosporidium treatment compliance dates. CRYPTOSPORIDIUM TREATMENT COMPLIANCE DATES TABLE |
Systems that serve ... | Must comply with Cryptosporidium treatment requirements no later than ...(1) |
At least 100,000 people. | April 1, 2012 |
From 50,000 to 99,999 people. | October 1, 2012 |
From 10,000 to 49,999 people. | October 1, 2013 |
Fewer than 10,000 people. | October 1, 2014 |
Note: (1) States may allow up to an additional two years for complying with the treatment requirement for systems making capital improvements. |
(d) If the bin classification for a filtered system changes following the second round of source water monitoring, as determined under 40 CFR § 141.710(d), the system must provide the level of treatment for Cryptosporidium required under 40 CFR § 141.711 on a schedule the Division approves.(e) If the mean Cryptosporidium level for an unfiltered system changes following the second round of monitoring, as determined under 40 CFR § 141.712(a)(2), and if the system must provide a different level of Cryptosporidium treatment under 40 CFR § 141.712 due to this change, the system must meet this treatment requirement on a schedule the Division approves.(17)Requirements for Uncovered Finished Water Storage Facilities. All finished water storage facilities must be provided with a permanent cover, in accordance with Rule 391-3-5-.11. In order to provide regulatory information on the requirements for uncovered finished water storage facilities, 40 CFR, Subpart W § 141.714(a) through (d) is hereby incorporated by reference.(18)Microbial Toolbox Options for Meeting Cryptosporidium Treatment Requirements.40 CFR, Subpart W § 141.715(a) through (b) is hereby incorporated by reference. (a) Source toolbox components. 40 CFR, Subpart W § 141.716(a) through (b) is hereby incorporated by reference.(b) Pre-filtration treatment toolbox components. 40 CFR, Subpart W § 141.717(a) through (c) is hereby incorporated by reference.(c) Treatment performance toolbox components. 40 CFR, Subpart W § 141.718(a) through (c) is hereby incorporated by reference.(d) Additional filtration toolbox components. 40 CFR, Subpart W § 141.719(a) through (d) is hereby incorporated by reference.(e) Inactivation toolbox components. 40 CFR, Subpart W § 141.720(a) through (d) is hereby incorporated by reference.(19)Reporting Requirements.40 CFR, Subpart W § 141.721(a) through (f) is hereby incorporated by reference.(20)Recordkeeping Requirements.40 CFR, Subpart W § 141.722(a) through (c) is hereby incorporated by reference.(21)Requirements to Respond to Significant Deficiencies Identified in Sanitary Surveys Performed by EPA or Division.40 CFR, Subpart W § 141.723(a) through (d) is hereby incorporated by reference. Systems must respond in writing to significant deficiencies identified in sanitary survey reports no later than forty-five (45) days after receipt of the report, indicating how and on what schedule the system will address significant deficiencies noted in the survey. Systems must correct significant deficiencies identified in sanitary survey reports according to the approved schedule, or if there is no approved schedule, according to the schedule submitted by the system if such deficiencies are within the control of the system.(22)Division Recordkeeping. The records kept by the Division shall be in accordance with 40 CFR § 142.14.(23)Division Reporting. The reporting by the Division shall be performed as required by 40 CFR § 142.15.Ga. Comp. R. & Regs. R. 391-3-5-.52
O.C.G.A. § 12-5-170 et seq.
Original Rule entitled "Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR)" adopted. F. May 27, 2009; eff. June 16, 2009.Amended: F. Jan. 8, 2014; eff. Jan. 28, 2014.Amended: F. Feb. 29, 2016; eff. Mar. 20, 2016.Amended: F. Apr. 22, 2021; eff. May 12, 2021.