## [Central Utah Water Conservancy District]{.smallcaps}

######## Response to EPA Requests for Comment on the Proposed LT2ESWTR

######## January 9, 2004

Water System Name: Central Utah Water Conservancy District

Contact Name: D. Gerard Yates

Treatment Operations Manager

Phone Number: 801-226-7189

Email address: [gerard@cuwcd.com](mailto:brianh@jvwcd.org)

Docket ID No. OW-2002-0039

+---------+-----------------+-----------------------------------------+
| **Se    | **Request for   | **Comments**                            |
| ction** | Comment**       |                                         |
|         |                 |                                         |
|         | **Or Issue**    |                                         |
+=========+=================+=========================================+
| **IV.   | EPA requests    | CUWCD recommends that additional        |
| Dis     | comment on all  | clarification be added regarding the    |
| cussion | aspects of the  | sample collection dates for             |
| of      | monitoring and  | *Cryptosporidium* samples. It is not    |
| P       | treatment       | clear whether a system must select a    |
| roposed | requirements    | numeric date or a consistent time       |
| L       | proposed in     | interval (4 week of the month) to meet  |
| T2ESWTR | this section.   | the sampling requirements.              |
| Require |                 |                                         |
| ments** | (page 47678)    | CUWCD recommends that instructions on   |
|         |                 | calculating the RAA for bin             |
| **A. 3. |                 | classification be included in the rule  |
| Request |                 | as well as the guidance manual. This    |
| for     |                 | should include how to handle results    |
| Co      |                 | that are below the detection limits,    |
| mment** |                 | and non-continuous data due to plants   |
|         |                 | that operate seasonally. Because the    |
| *       |                 | calculation of RAA for bin              |
| *(pages |                 | classification is so critical, this     |
| 47678-4 |                 | data handling issue needs to be in the  |
| 7679)** |                 | regulation not just in the guidance     |
|         |                 | manual.                                 |
+---------+-----------------+-----------------------------------------+
|         | EPA requests    | This wording is vague and lacks         |
|         | comment on the  | clarification for unexpected situations |
|         | requirement for | such as shutdowns due to                |
|         | systems that    | maintenance/repairs or low water        |
|         | use surface     | demand. Provisions need to be added to  |
|         | water for only  | the regulation to allow for short       |
|         | part of the     | periods of time that a plant has to go  |
|         | year.           | off-line and cannot collect samples.    |
|         |                 | Extending the monitoring period to      |
|         | (page 47678)    | allow for a set number of samples, or   |
|         |                 | allowing systems to collect as many     |
|         |                 | samples as possible during a specified  |
|         |                 | monitoring period would help to         |
|         |                 | eliminate this problem.                 |
+---------+-----------------+-----------------------------------------+
|         | EPA requests    | CUWCD supports allowing water systems   |
|         | comment on      | to submit grandfathered                 |
|         | previously      | *Cryptosporidium* results as long as    |
|         | collected data  | the samples collected are               |
|         | that do not     | representative of seasonal variations   |
|         | meet QC         | and meet the requirements of the        |
|         | requirements    | analytical method. Provisions should    |
|         |                 | also be made to address treatment       |
|         | (page 47678)    | plants that do not operate year-round.  |
|         |                 |                                         |
|         |                 | Utilities will not be able to           |
|         |                 | grandfather data if the current QA/QC   |
|         |                 | are as rigid as they are now. Many of   |
|         |                 | these requirements where not developed  |
|         |                 | until Spring 2003. Many plants have     |
|         |                 | been monitoring since 1999 with Method  |
|         |                 | 1622/1623 in order to have a better     |
|         |                 | data set. Because of the newly          |
|         |                 | implemented requirements this data      |
|         |                 | would not be allowed for                |
|         |                 | grandfathering.                         |
+---------+-----------------+-----------------------------------------+
|         | EPA requests    | This issue was dealt with sufficiently  |
|         | comment on      | in the Filter Backwash Recycle Rule and |
|         | monitoring for  | should not be included in the LT2ESWTR. |
|         | systems that    |                                         |
|         | recycle filter  |                                         |
|         | backwash        |                                         |
|         |                 |                                         |
|         | (page 47678)    |                                         |
+---------+-----------------+-----------------------------------------+
|         | EPA requests    | If a water system fails to meet source  |
|         | comment on Bin  | water monitoring provisions this should |
|         | assignments for | not be an automatic trigger for         |
|         | systems that    | placement into Bin 4. States should be  |
|         | fail to         | given flexibility to address systems    |
|         | complete        | that may have specific challenges in    |
|         | required        | meeting the monitoring requirements of  |
|         | monitoring      | the rule, as long as the system is      |
|         |                 | making a good faith effort. Adjustments |
|         | (page 47678)    | should be made to reflect more          |
|         |                 | realistic data quality and scheduling   |
|         |                 | expectations. As seen in the ICR, many  |
|         |                 | unexpected events interfered with       |
|         |                 | sampling on a set schedule, including,  |
|         |                 | shipment issues, weather conditions,    |
|         |                 | plant disruptions, etc.                 |
+---------+-----------------+-----------------------------------------+
|         | EPA requests    | CUWCD strongly encourages EPA to allow  |
|         | comment on      | States to review and assign bin         |
|         | determination   | classifications as state regulators are |
|         | of LT2ESWTR Bin | the most familiar with the particular   |
|         | classification  | treatment plant operations within their |
|         |                 | respective State. In addition, it is an |
|         | (page           | additional burden on water systems to   |
|         | 47678-47679)    | first submit data to EPA then have to   |
|         |                 | make the transition to reporting to the |
|         |                 | States when they achieve primacy.       |
|         |                 |                                         |
|         |                 | Also, a provision should be included in |
|         |                 | the proposed rule to allow a water      |
|         |                 | system to request consideration for bin |
|         |                 | reclassification by the State if        |
|         |                 | significant improvements in water       |
|         |                 | quality can be demonstrated.            |
+---------+-----------------+-----------------------------------------+
|         | EPA requests    | For small system *E. coli* monitoring   |
|         | comment on how  | levels (10/50) should not be changed    |
|         | to apply the    | based upon the large systems            |
|         | *E. coil*       | *Cryptosporidium* and *E. coli*         |
|         | criteria for    | monitoring results. This could          |
|         | triggering      | potentially results in new regulatory   |
|         | *C              | limits. This constitutes a change in    |
|         | ryptosporidium* | the LT2ESWTR regulation that should be  |
|         | monitoring to   | subject to the entire rule making       |
|         | systems using   | process.                                |
|         | multiple types  |                                         |
|         | of sources and  |                                         |
|         | GWUDI sources.  |                                         |
|         |                 |                                         |
|         | (page 47679)    |                                         |
+---------+-----------------+-----------------------------------------+
| **IV.   | For each        | CUWCD supports the use of microbial     |
| Dis     | microbial       | toolbox.                                |
| cussion | toolbox         |                                         |
| of      | component, EPA  | See below for specific comments of      |
| P       | requests        | proposed toolbox options:               |
| roposed | comment on: (1) |                                         |
| L       | Whether         |                                         |
| T2ESWTR | available data  |                                         |
| Require | support the     |                                         |
| ments** | proposed        |                                         |
|         | presumptive     |                                         |
| **C. 1. | credits,        |                                         |
| Mi      | including the   |                                         |
| crobial | design and      |                                         |
| Toolbox | implementation  |                                         |
| Ove     | conditions      |                                         |
| rview** | under which the |                                         |
|         | credit would be |                                         |
| *       | awarded, (2)    |                                         |
| *(pages | whether         |                                         |
| 47681-4 | available data  |                                         |
| 7715)** | are consistent  |                                         |
|         |                 |                                         |
|         | with the        |                                         |
|         | decision not to |                                         |
|         | award           |                                         |
|         | presumptive     |                                         |
|         | credit for      |                                         |
|         | roughing        |                                         |
|         | filters and raw |                                         |
|         | water           |                                         |
|         | off-stream      |                                         |
|         | storage, and    |                                         |
|         | (3) whether     |                                         |
|         | additional data |                                         |
|         | are available   |                                         |
|         | on treatment    |                                         |
|         | effectiveness   |                                         |
|         | of toolbox      |                                         |
|         | components for  |                                         |
|         | reducing        |                                         |
|         |                 |                                         |
|         | Cryptosporidium |                                         |
|         | levels. EPA     |                                         |
|         | will consider   |                                         |
|         | modifying       |                                         |
|         | today\'s        |                                         |
|         | proposal for    |                                         |
|         | microbial       |                                         |
|         | toolbox         |                                         |
|         | components      |                                         |
|         | based on new    |                                         |
|         | information     |                                         |
|         | that may be     |                                         |
|         | provided. EPA   |                                         |
|         | particularly    |                                         |
|         | solicits        |                                         |
|         | comment on the  |                                         |
|         | performance of  |                                         |
|         | alternative     |                                         |
|         |                 |                                         |
|         | filtration      |                                         |
|         | technologies    |                                         |
|         | that are        |                                         |
|         | currently being |                                         |
|         | used, as well   |                                         |
|         | as ones that    |                                         |
|         | systems are     |                                         |
|         | considering for |                                         |
|         | use in the      |                                         |
|         | future.         |                                         |
+---------+-----------------+-----------------------------------------+
|         | Watershed       | If a utility is currently active in a   |
|         | Control Program | source water protection program, they   |
|         |                 | are penalized rather than rewarded for  |
|         |                 | their proactive approach under          |
|         |                 | LT2ESWTR. Credit should be given to an  |
|         |                 | existing watershed protection program,  |
|         |                 | which address the issues of microbial   |
|         |                 | contaminants.                           |
+---------+-----------------+-----------------------------------------+
|         | Combined Filter | CUWCD strongly supports filter          |
|         | Performance and | performance as a criteria.              |
|         | Individual      |                                         |
|         | Filter          | CUWCD does support giving additional    |
|         | Performance     | credit for completion of the Phase IV   |
|         |                 | Partnership for Safe Water Program.     |
+---------+-----------------+-----------------------------------------+
|         | UV              | The dosages between the regulatory      |
|         |                 | language and the guidance manual are    |
|         |                 | too different. The safety factors       |
|         |                 | applied in the guidance manual are too  |
|         |                 | high.                                   |
+---------+-----------------+-----------------------------------------+
| **IV.   | Compliance      | The requirement that large systems must |
| Dis     | Schedule        | submit a sampling schedule to EPA       |
| cussion |                 | within three months after promulgation  |
| of      |                 | of the LT2ESWTR seems rushed. Because   |
| P       |                 | of potential problems with              |
| roposed |                 | *Cryptosporidium* laboratory capacity,  |
| L       |                 | it may take much longer than three      |
| T2ESWTR |                 | months for a utility to get a contract  |
| Require |                 | with a laboratory. Consideration should |
| ments** |                 | be given to extending the deadline for  |
|         |                 | sampling and reporting. Compliance for  |
| **F.    |                 | all systems should be delayed until the |
| Com     |                 | States achieve primacy (with the        |
| pliance |                 | exception of those not meeting a        |
| Sche    |                 | reasonable deadline). This reduces the  |
| dules** |                 | burden on water systems to make the     |
|         |                 | transition from reporting to EPA, and   |
| *       |                 | then to States at a later date.         |
| *(pages |                 |                                         |
| 47719-4 |                 |                                         |
| 7722)** |                 |                                         |
+---------+-----------------+-----------------------------------------+
| **IV.   | EPA requests    | CUWCD recommends that an additional     |
| Dis     | comment on the  | time of 12 to 18 months be granted for  |
| cussion | reporting and   | implementation of the rule. This would  |
| of      | recordkeeping   | allow water systems sufficient time to  |
| P       | requirements    | assess current levels of treatment as   |
| roposed | proposed for    | well as time to evaluate toolbox        |
| L       | LT2ESWTR.       | options.                                |
| T2ESWTR |                 |                                         |
| Require |                 |                                         |
| ments** |                 |                                         |
|         |                 |                                         |
| **J.    |                 |                                         |
| System  |                 |                                         |
| Re      |                 |                                         |
| porting |                 |                                         |
| and     |                 |                                         |
| Record  |                 |                                         |
| keeping |                 |                                         |
| Require |                 |                                         |
| ments** |                 |                                         |
|         |                 |                                         |
| *       |                 |                                         |
| *(pages |                 |                                         |
| 47724-4 |                 |                                         |
| 7731)** |                 |                                         |
+---------+-----------------+-----------------------------------------+
| **IV.   | EPA requests    | CUWCD supports that *E. coli* samples   |
| Dis     | comment on the  | can be held for up to 24 hours prior to |
| cussion | proposal to     | analysis without compromising the data  |
| of      | extend the      | quality objectives of LT2ESWTR *E.      |
| P       | holding time    | coli* monitoring.                       |
| roposed | for *E. coli*   |                                         |
| L       | source water    |                                         |
| T2ESWTR | sample analyses |                                         |
| Require | to 24 hours.    |                                         |
| ments** |                 |                                         |
|         |                 |                                         |
| **K. 2. |                 |                                         |
| *E.     |                 |                                         |
| coli*** |                 |                                         |
|         |                 |                                         |
| **(page |                 |                                         |
| 47733-4 |                 |                                         |
| 7734)** |                 |                                         |
+---------+-----------------+-----------------------------------------+
| **VII.  | Executive Order | The requirements for the LT2ESWTR were  |
| St      | 12866           | provided in the Federal Register Notice |
| atutory | encourages      | dated August 11, 2003 totaling 135      |
| and     | Federal         | pages. The EPA subsequently issued the  |
| Ex      | agencies to     | following guidance manuals:             |
| ecutive | write rules in  |                                         |
| Order   | plain language. | 1.  [Source Water Monitoring Guidance   |
| Re      | EPA invites     |     Manual for Public Water Systems for |
| views** | comments on how |     the Long-Term 2 Enhanced Surface    |
|         | to make this    |     Water Treatment Rule (LT2           |
| L.      | proposed rule   |     Rule)](http://w                     |
| Plain   | easier to       | ww.epa.gov/safewater/lt2/pwsguide.html) |
| L       | understand.     |                                         |
| anguage |                 | 2.  [Microbial Laboratory Manual for    |
|         | For example:    |     the Long-Term 2 Enhanced Surface    |
| (page   | Has EPA         |     Water Treatment Rule (LT2           |
| 47770   | organized the   |     Rule)](http://w                     |
|         | material to     | ww.epa.gov/safewater/lt2/mlmanual.html) |
|         | suit            |                                         |
|         | commenters'     | 3.  [Ultraviolet Disinfection Guidance  |
|         | needs?          |                                         |
|         |                 |  Manual](http://www.epa.gov/safewater/l |
|         | Are the         | t2/pdfs/guide_lt2_uvguidance_draft.pdf) |
|         | requirements in |                                         |
|         | the rule        | 4.  [Ultraviolet Disinfection Guidance  |
|         | clearly stated? |     Manual                              |
|         |                 |     Workb                               |
|         |                 | ook](http://www.epa.gov/safewater/lt2/p |
|         |                 | dfs/guide_lt2_uvprotocoltool_draft.xls) |
|         |                 |                                         |
|         |                 | 5.  [Membrane Filtration Guidance       |
|         |                 |     Manual]                             |
|         |                 | (http://www.epa.gov/safewater/lt2/pdfs/ |
|         |                 | guide_lt2_membranefiltration_draft.pdf) |
|         |                 |                                         |
|         |                 | 6.  [Long Term 2 Enhanced Surface Water |
|         |                 |     Treatment Rule Toolbox Guidance     |
|         |                 |     Manual](http://www.epa.gov/sa       |
|         |                 | fewater/lt2/pdfs/guide_lt2_toolbox.pdf) |
|         |                 |                                         |
|         |                 | 7.  [Guidance on Generation and         |
|         |                 |     Submission of Grandfathered         |
|         |                 |     Cryptosporidium Data for Bin        |
|         |                 |     Classification Under the Long Term  |
|         |                 |     2 Enhanced Surface Water Treatment  |
|         |                 |                                         |
|         |                 |    Rule](http://www.epa.gov/safewater/l |
|         |                 | t2/pdfs/guide_lt2_grandfatherguide.pdf) |
|         |                 |                                         |
|         |                 | 8.  Guidance on Grandfathering          |
|         |                 |     *Cryptosporidium* Data For the Long |
|         |                 |     Term 2 Enhanced Surface Water       |
|         |                 |     Treatment Rule                      |
|         |                 |                                         |
|         |                 | This massive volume of new regulations  |
|         |                 | with accompanying guidance manuals is   |
|         |                 | too complex to be clearly understood.   |
|         |                 | In addition, the Stage 2 D/DBPR is      |
|         |                 | being developed simultaneously with the |
|         |                 | LT2ESTWR. Between the two rules, the    |
|         |                 | EPA issued a combined total of over     |
|         |                 | 2,400 pages of proposed rules and       |
|         |                 | guidance documents that has placed a    |
|         |                 | significant burden on the resources of  |
|         |                 | water systems and State agencies to     |
|         |                 | interpret and plan for compliance with  |
|         |                 | this regulation.                        |
+---------+-----------------+-----------------------------------------+