STATE OF NEW MEXICOENVIRONMENTAL IMPROVEMENT BOARD

IN THE MATTER OF PROPOSED REVISIONS TO: 20.7.10 NMAC Drinking Water No. EIB 11-18 (R)

NEW MEXICO ENVIRONMENT DEPARTMENTEXHIBIT 14a

The following document is a revision to Exhibit 14, which was submitted on April 23, 2012. In this revision, all new additions to rule language are shown in highlight and double-underline. All new deletions are shown are shown in highlighted strikethrough.

With respect to the annotations, new comments are labeled as such and appear in highlighted text. Revisions to existing comments are shown in the same manner as revisions to rule language, except that some minor grammatical and capitalization changes, and formatting changes such as breaking text into bullet items, have been done without the use of strikeout or highlight.

Any deviation from this methodology is not intentional.

20.7.10 NMAC 1

TITLE 20 ENVIRONMENTAL PROTECTIONCHAPTER 7 WASTEWATER AND WATER SUPPLY FACILITIESPART 10 DRINKING WATER

20.7.10.1 ISSUING AGENCY: Environmental Improvement Board.[20.7.10.1 NMAC - Rp 20 NMAC 7.1.I.1, 12/04/2002]

20.7.10.2 SCOPE: All persons who own or operate a public water system or for sections 200 and 201, any persons constructing a public water system project. This part shall apply to each public water system, unless the public water system meets all of the following conditions: (a) it consists of only distribution and storage facilities (and does not have any collection and treatment facilities); (b) it obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply; (c) it does not sell water to any person; and (d) it is not a carrier which conveys passengers in interstate commerce.[20.7.10.2 NMAC - Rp 20 NMAC 7.1.I.2, 12/04/2002; A, xx/xx/2012]

20.7.10.3 STATUTORY AUTHORITY: NMSA 1978, Sections [74-1-8]74-1-6, 74-1-8, 74-1-10, 74-1-13 and 74-1-13.1.[20.7.10.3 NMAC - Rp 20 NMAC 7.1.I.3, 12/04/2002; A, 04/16/2007; A, xx/xx/2012]

20.7.10.4 DURATION: Permanent.[20.7.10.4 NMAC - Rp 20 NMAC 7.1.I.4, 12/04/2002]

20.7.10.5 EFFECTIVE DATE: December 4, 2002, except where a later effective date is indicated in the history note at the end of a section.[20.7.10.5 NMAC - Rp 20 NMAC 7.1.I.5, 12/04/2002; A, 04/16/2007]

20.7.10.6 OBJECTIVE: The objective of Part 10 of Chapter 7 is to establish regulations for public water systems.[20.7.10.6 NMAC - Rp 20 NMAC 7.1.I.6, 12/04/2002]

20.7.10.7 DEFINITIONS: In addition to the any other terms defined in 40 CFR Parts 141 and 143, the following terms, as used in this part shall have the following meanings.

A. [“As-built drawings” means construction drawings that show details of work as originally planned plus modifications and deviations to reflect actual construction]"Definitions that begin with the letter "A." "Appurtenances" include machinery, appliances, structures and other parts of the main structure necessary to allow the main structure to operate as intended, but not considered part of the main structure.

B. "Definitions that begin with the letter "B." "Bag filters" has the meaning defined in 40 CFR Part 141."Best available technology or BAT" has the meaning defined in 40 CFR Part 141.

20.7.10 NMAC

Comment on 20.7.10.2: The proposed new language is already incorporated by reference at 20.7.10.100 (incorporating 40 C.F.R. § 141.3). The Department proposes to repeat this federal regulatory language within 20.7.10.2 so that the applicability of Part 10 is apparent on its face (i.e., the reader does not have to refer to the CFR to determine whether the rules apply to him or her). See Exh. 15 Item 1.

The additional proposed language in the first sentence is to clarify that constructing a public water system project as described in 200 and 201 is an activity covered by these regulations.

Comment on 20.7.10.3-- the proposed new language further identifies the Department’s existing responsibility and authority.

New comment on 20.7.10.7 – in response to questions from the Board, the Department proposes adding the definitions shown in highlight below, including terms that are defined in the referenced CFR parts.

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"Bureau" means the drinking water bureau of the New Mexico environment department. C. "Definitions that begin with the letter "C." "Cartridge filters" has the meaning defined in 40 CFR Part 141.

"CFR" means the code of federal regulations."Challenge test" means a study conducted to determine the removal efficiency (i.e., log removal

value (LRV)) of a membrane material for a particular organism, particulate, or surrogate.

"Community water system" has the meaning defined in 40 CFR Part 141. "Consecutive system" has the meaning defined in 40 CFR Part 141. "Contaminant" has the meaning defined in 40 CFR Part 141.

"Cross-connection" means any unprotected actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the public water system any contaminant or non-potable substance.

"CT or CTcalc" has the meaning defined in 40 CFR Part 141.D. "Definitions that begin with the letter "D."

"Department" means the New Mexico environment department. "Disinfectant" has the meaning defined in 40 CFR Part 141. "Disinfectant contact time ("T" in CT calculations) " has the meaning defined in 40 CFR Part 141. "Disinfection" has the meaning defined in 40 CFR Part 141.

E. "Definitions that begin with the letter "E." F. "Definitions that begin with the letter "F." " Filtration" has the meaning defined in 40 CFR Part 141. "Finished water" has the meaning defined in 40 CFR Part 141. G. "Definitions that begin with the letter "G." "Ground water under the direct influence of surface water (GWUDI)" has the meaning defined in 40 CFR Part 141.

"Guidance document" means any manual or other document developed or adopted by thedepartment for official use to provide general direction, instruction or advice to department employees indeterminations regarding application of or compliance with regulations.determining generally acceptable standards for construction and operation of public water systems.

H. "Definitions that begin with the letter "H." "Haloacetic acids (five) (HAA5)" has the meaning defined in 40 CFR Part 141. "Human consumption" includes drinking, bathing, showering, cooking, dishwashing, and maintaining oral hygiene. The term "bathing" means use of the water for personal hygiene purposes. The term "bathing" does not refer to situations such as (1) swimming in an open canal or (2) incidental, casual contact with water from an open canal in connection with outdoor activities such as agricultural work, canal maintenance, or lawn and garden care.

20.7.10 NMAC

Comment on 20.7.10.7.C “Challenge test:” - this definition is proposed at the request of NMMEQA. It is based on the definition in USEPA membrane filtration guidance manual, Ref. #21.

Comment on 20.7.10.7.H “Human consumption” – this term has been interpreted by the U.S. Environmental Protection Agency, in the Federal Register (see 63 Fed. Reg. 41940, 41941 (Aug. 5, 1998), but not in the Code of Federal Regulations. The Department proposes to utilize the federal interpretation for the purposes of implementing Part 10. The federal register is Ref. #7. See Exh. 15, Item 2.

New comment on the definition of “guidance document” – based on discussions during the May 7th hearing, the definition of the term "guidance documents" was changed to reflect how it is now used in the regulations. Documents used to “provide general direction, instruction or advice … in determinations regarding application of or compliance with regulations” are listed as references in the new Section 104.

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I. "Definitions that begin with the letter "I." "Inactivation ratio” with respect to viruses, is the ratio that quantifies inactivation of viruses. The sum of the virus inactivation ratios, or total virus inactivation ratio shown as Σ(CT calc))/(CT99.99). "CT or CTcalc" is the product of "residual disinfectant concentration" (C) in mg/1 determined before or at the first customer, and the corresponding "disinfectant contact time" (T) in minutes, i.e., "C" x "T". If a public water system applies disinfectants at more than one point prior to the first customer, it must determine the CT of each disinfectant sequence before or at the first customer to determine the total percent inactivation or "total inactivation ratio." In determining the total inactivation ratio, the public water system must determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s). "CT99.99" is the CT value required for 99.99 percent (4–log) inactivation of viruses. CT99.99 for a variety of disinfectants and conditions appears in Tables D-7, D-9, D-11, D-13 and D-14 in the EPA Handbook for Optimizing Water Treatment Plant Performance Using the Composite Correction Program. J. "Definitions that begin with the letter "J." K. "Definitions that begin with the letter "K."

L. "Definitions that begin with the letter "L." M. "Definitions that begin with the letter "M." "Maximum contaminant level" has the meaning defined in 40 CFR Part 141. "Membrane filtration" has the meaning defined in 40 CFR Part 141.

["Modification" means the replacing, changing, installing, adding to, or construction of a component of an existing public water system to increase or decrease the system's capacity to draw or supply water or to improve its performance or service life. Neither routine maintenance nor the replacement of electrical or mechanical equipment is a modification for purposes of this part.]"Modification" means a change, installation, addition, rehabilitation, or construction of a component of an existing public water system to increase or decrease the system's capability to draw or supply water. For the purposes of this part, "modification" does not include routine maintenance.

N. "Definitions that begin with the letter "N." "Non-community water system" has the meaning defined in 40 CFR Part 141. "Non-public water source" means a water source that is not regulated as a public water source.

[G. "Non-public water system" means a system for the provision of water for human consumption for domestic purposes, if such system does not have at least fifteen service connections and does not regularly serve an average of twenty-five individuals at least sixty days out of the year.] "Non-public water system" means a water system that does not meet the definition of a public water system as defined in 40 CFR Part 141.

20.7.10 NMAC

Comment on 20.7.10.7.M "Modification" – this definition is restructured to increase readability. Also, the phrase “to improve its performance or service life” was deleted at the request of NMMEQA to limit the type of project required to be reviewed by NMED DWB.

New comment on 20.7.10.7.N "Non-Public water system" – in response to questions from the Board, the Department proposes inserting the word "water" before "system as indicated in highlight to clarify that only water systems (as opposed to systems of any other nature) may fall under the definition of "non-public water systems. "

Comment on 20.7.10.7.N "Non-Public water system" – the federal regulations contain only a definition of a public water system. This definition of non-public water system is proposed for convenience in referring to systems that become public water systems when existing facilities in a non-public water system are incorporated into a system that will serve the public. The term is used in Subsections, 7.P, 201.E 201.G,201.T .

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"Non-transient non-community water system or NTNCWS" has the meaning defined in 40 CFR Part 141. O. "Definitions that begin with the letter "O." P. "Definitions that begin with the letter "P."

"Performance demonstration" means documentation that proves the efficacy of a treatment technology. "Person" has the meaning defined in 40 CFR Part 141. "Pilot study" is a specific type of performance demonstration in which the efficiency of a treatment system is tested by using a full scale model of the treatment system. "Plans and specifications" means the technical design drawings and precise standards of performance for construction work, materials and manufactured products certified by a registered professional engineer on behalf of the owner or operator of a public water system. "Point-of-entry treatment device (POE)" has the meaning defined in 40 CFR Part 141. "Point-of-use treatment device (POU)" has the meaning defined in 40 CFR Part 141. "Pressure decay direct integrity test" means a physical test applied to a membrane where the response to a breach is measured as pressure loss over time. The measured response must be converted to a log removal value. Equation 4.9 of the USEPA membrane filtration guidance manual shall be used to make this conversion. This equation is a specialized form of the general equation in 40 CFR 141.719(b)(3)(iii)(A).

"Public water system" has the meaning defined in 40 CFR Part 141."Public water system project" or "project" means the construction of a new public water system,

modification to an existing public water system, or conversion of a non-public water system to a public water system. Q. "Definitions that begin with the letter "Q." R. "Definitions that begin with the letter "R."

[I. "Record drawings" means as-built drawings certified by a registered professional engineer on behalf of a public water system.]"Record drawings" means drawings that show detail or work as originally planned plus modifications and deviations to reflect actual construction, certified by a registered professional engineer on behalf of the owner or operator of a public water system.

"Regulated contaminant" means a contaminant for which an action level, maximum contaminant level or treatment technique is provided in 40 CFR Part 141. "Residual disinfectant concentration ("C" in CT calculations) " has the meaning defined in 40 CFR Part 141. "Routine maintenance" includes activities associated with regularly scheduled and general upkeep of a building, equipment, machine, plant, or system against normal wear and tear. S. "Definitions that begin with the letter "S."

20.7.10 NMAC

Comment on 20.7.10.7.P “Pressure decay direct integrity test” – this definition is proposed at the request of NMMEQA in order to describe an element of a membrane filtration performance demonstration. The membrane filtration guidance manual referenced in this provision is at Ref. #21.

Comment on 20.7.10.7.R "Record drawings – revisions to this definition are proposed in order to incorporate the meaning of the deleted term "as-built drawings, " as the term "as-built drawings" is no longer an industry used term. "

New comment on 20.7.10.7.R "Record drawings" – in response to questions from the Board, the Department proposes inserting "owner or operator" before "a public water system" as shown in highlight in recognition of the fact that engineers perform their services on behalf of the owners or operators, not on behalf of the physical water system.

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"Sample tap" means a device where access, pressure, and volume can be controlled to the extent that the sample collected is representative of the water quality, i.e. e.g. sillcocks, storage tank hatches, sampling stations.

"Sanitary survey" means an onsite review of the water source, facilities, equipment, operation and maintenance of a public water system for the purpose of evaluating the adequacy of such source, facilities, equipment, operation and maintenance for producing and distributing safe drinking water. Pursuant to 40 C.F.R. 141.401(c), A a sanitary survey evaluates at least nine eight components: source; treatment; distribution system; finished water storage; pumps, pump facilities and controls; monitoring and reporting and data verification; system management and operation; and operator compliance with state requirements.

" Secondary contaminant" means a contaminant listed in 40 CFR Part 143."Secretary" means the secretary of the environment department, or an authorized representative."Service connection," in addition to the meaning given in 40 CFR Part 141, means, regardless of

whether in use, a pipe, hose, appurtenance, constructed conveyance or any other temporary or permanent connection between a public water system and a user. Service connection, as used in the definition of public water system, does not include a connection to a system that delivers water by constructed conveyance other than a pipe if: (1) the water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses); (2) the department determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or (3) the department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations.

"State" means the New Mexico environment department when used in 40 CFR Part 141 and 40 CFR Part 143 in lieu of the meaning set forth in 40 CFR Part 141 and 40 CFR 143.

"State act" means the [Environment]Environmental Improvement Act, NMSA 1978, Section 74-1-1 et seq.

20.7.10 NMAC

Comment on 20.7.10.7.S "Sample tap" –this term is defined to identify sites that are acceptable for monitoring for contaminants.

New comment on the definition of “sanitary survey” – prior to the May 7 hearing, the Department had not proposed any changes to this existing definition. In response to questions from the Board, a pinpoint citation to the relevant section within 40 C.F.R. 141 has now been added, and the word "nine" has been replaced with "eight." The list of components of a sanitary survey is the same as in the cited CFR section. The discrepancy between "eight" and "nine" appears to have been due to the fact that "pumps" were counted independently from "pump facilities and controls, " based on the insertion of a semicolon after "pumps. " That semicolon is deleted in this revised draft.

New comment on the definition of “service connection – as the Department testified, the Department proposed adding the clause "regardless of whether in use" to the federal definition in order to address situations where active connections become inactive but retain the ability to become readily reactivated, such as when houses are vacated.

New comment on the definition of “state” – in 40 CFR Part 141.2 the following definition is given for the term "State" -State means the agency of the State or Tribal government which has jurisdiction over public water systems. During any period when a State or Tribal government does not have primary enforcement responsibility pursuant to section 1413 of the Act, the term "State" means the Regional Administrator, U.S. Environmental Protection Agency.

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"Storage facility" means a compartment used to accumulate the product water from a water treatment unit so that sufficient quantity, pressure, or both are available for intermittent periods of higher flow-rate water use. A storage tank is also called a clearwell. "Subpart H systems" has the meaning defined in 40 CFR Part 141. "Supplier of water" has the meaning defined in 40 CFR Part 141. "Surface water" has the meaning defined in 40 CFR Part 141.

T. "Definitions that begin with the letter "T." "Total trihalomethanes (TTHM)" has the meaning defined in 40 CFR Part 141. "Transient non-community water system or TWS" has the meaning defined in 40 CFR Part 141. U. "Definitions that begin with the letter "U."

[N.] "USEPA" means the United States environmental protection agency. V. "Definitions that begin with the letter "V." W. "Definitions that begin with the letter "W." "Water hauler" means a person in the business of transporting by vehicle water intended for human consumption. that delivers water, from a source it owns, or through a contract to purchase water from another legal entity, in batch lots to people who do not otherwise have access to water for human consumption.

X. "Definitions that begin with the letter "X." Y. "Definitions that begin with the letter "Y." Z. "Definitions that begin with the letter "Z." [20.7.10.7 NMAC - Rp 20 NMAC 7.1.I.103, 12/04/2002; A, 04/16/2007; A, xx/xx/2012]

20.7.10.8 SUBMITTALS TO THE DEPARTMENT:

A. The submittal to the department of any application, notification, or other information required in this Part shall be accomplished by submitting the required documents to the drinking water bureau within the department, unless otherwise specified.

[20.7.10.8 NMAC – N, xx/xx/2012]

20.7.10. 8 9 DOCUMENTATION REQUIRED FOR POPULATION DETERMINATION: A. Owners or operators of community water systems shall document, and make available to the department (via the bureau) upon request, the population served by the water system. The residential portion of the population shall be calculated by determining multiplying the number of service connections (or in the case of water haulers, the number of residential accounts using water for human consumption) by . T the average household size

20.7.10 NMAC

New comment on 20.7.10.7.W – in response to questions from the Board, the Department proposes to simplify the definition of a water hauler. The threshold factors to determine whether the activity of hauling water in a truck is subject to the drinking water regulations is whether the water is intended to be used for human consumption. Thus, for example, a person hauling water to be used as a dust suppressant for unpaved roads would not be a water hauler under the regulations.

It must be emphasized that not all water haulers – as defined here in 20.7.10.W NMAC – would be subject to regulation. Under Sections 202 and 401, a water hauler must also: (1) meet the definition of a public water system and (2) not be owned or operated by another public water system, in order for those sections to apply.

New comment on Section 8 – the Department previously proposed adding the phrase “via the bureau” after “the department” whenever a submittal was required in this Part (20.7.10 NMAC), in response to comments from stakeholders that there was some uncertainty as to which bureau (Drinking Water or Construction Programs) was the appropriate recipient in some cases. In response to Board questions, the Department now proposes adding this new Section 8 as a cleaner way to achieve that purpose. This would allow the deletion of the phrase “via the bureau” throughout the remainder of the regulations.

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in the county where the service connections are located. shall be multiplied by the number of service connections (or residential accounts) to determine the population served by the water system. The most recent census conducted by the U.S. census bureau shall be the source of the average household size data.

B. In order to determine the population the water system serves, owners or operators of nontransient noncommunity water systems and transient noncommunity water systems shall document, and make available to the department (via the bureau) upon request, the population served (e.g., number of employees, number of students, restaurant seating capacity, number of patrons, etc.) C. Owners and operators of water systems may present written documentation to the department (via the bureau) for consideration of a population that differs from that determined described in Subsection s A of and or B of this section. D. The department will document, in writing, approval or disapproval of any determination of a population that differs from the population determination outlined described in Subsections A and B of this subsection. E. Owners or operators of public water systems shall make the information required in this section available to the department (via the bureau) upon request within 45 days of the request. [20.7.10.89 NMAC – N, xx/xx/2012]

20.7.10.910 - 20.7.10.99 [RESERVED]

20.7.10 NMAC

New comment on 20.7.10.8 – in response to questions from the Board, the word “determined” is replaced by “described” as indicated in Subsection C. The purpose of this revision is to clarify that owners or operators are not required to make a determination pursuant to Subsection A or B as a prerequisite to providing an alternative determination under Subsection C. In addition, the typographical error reading “of and” has been corrected to read “or”. Finally, similar clarification of language is proposed in Subsection D; specifically the addition of “determination” after “population” to reflect the fact that Subsections A and B describe methods of determining populations rather than populations per se, and the replacement of “outlined” with “described” for the sake of consistency and accuracy.

Comment on 20.7.10.8 – the Department proposes this section in order to provide certainty and transparency with respect to the methodology to be used by water systems to determine the population served.

The National Primary Drinking Water Standards contains numerous provisions under which requirements vary according to the population served. For example, the number of samples and the frequency at which total coliform samples are to be collected is based on population. A transient noncommunity water system that serves 1,000 people collects one sample quarterly. A transient noncommunity water system that serves 1,005 people collects two samples every month. However, the federal regulations do not specify how the population served is to be calculated – that is, what data should be used and what assumptions should be made to derive the population served from the known values of service connections or water hauler accounts. The proposed language would clarify this methodology for water systems.

Note – the federal regulations do provide, for limited purposes, a definition of “population served’’ as “the sum of the retail population served directly by the PWS plus the population served by any consecutive system(s) receiving all or part of its finished water from that PWS.” See 40 C.F.R. 141.35(a) (excerpted at Exh. NMED 6, p.8-9). However, this definition does not provide the water system with guidance on how to determine the “retail population” or the population served by consecutive systems. The Department’s proposed 20.7.10.8 NMAC would prescribe the method to be use to obtain this federally necessary parameter.

New comment on 20.7.10.8.A - the sentence structure was changed for clarity. Each community water system must determine its population. It must use a protocol prescribed by the Department to determine the residential portion of its population.

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20.7.10.100 ADOPTION OF 40 CFR PART 141:A. Except as otherwise provided in this section, the regulations of the USEPA set forth at 40 CFR

Part 141 [through June 4, 2010 ]are hereby incorporated by reference into this part.B. The term "state" means the New Mexico environment department when used in 40 CFR Part 141,

in lieu of the meaning set forth in 40 CFR section 141.2Part 141.C. The term "service connection" has the meaning set forth in [Subsection L of ]20.7.10.7 NMAC, in

addition to the meaning set forth in 40 CFR section 141.2 Part 141.[20.7.10.100 NMAC - N, 12/04/2002; A, 04/16/2007; A, 10/15/2008; A, 10/28/2010; A, xx/xx/2012]

20.7.10.101 ADOPTION OF 40 CFR PART 143:A. Except as otherwise provided, the regulations of the USEPA set forth at 40 CFR Part 143 [through

July 1, 2007 ]are hereby incorporated by reference into this part.B. The term "state" means the New Mexico environment department when used in 40 CFR Part 143,

in lieu of the meaning set forth in 40 CFR section 143.2Part 143.[20.7.10.101 NMAC - N, 12/04/2002; A, 04/16/2007; A, 10/15/2008; A, xx/xx/2012]

20.7.10.102 GUIDANCE DOCUMENTS: The current editions of the following materials, including all future editions and amendments are used by the department as guidance documents [for determining generally acceptable standards for construction and operation of public water systems.] A. Standards for disinfecting water mains, wells, water-storage facilities, and water treatment plants, American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235. B. [Manual for the certification of laboratories analyzing drinking water for microbiological parameters]Drinking water laboratory certification program guidance manual, New Mexico Environment Department, Drinking Water Bureau, 525 Camino de Los Marquez, Santa Fe, Suite 4, New Mexico 87501. C. [Laboratory certification manual for chemistry and radiochemistry parameter, drinking water analysis] Drinking water laboratory certification program guidance manual appendix A – certification application, New Mexico Environment Department, Drinking Water Bureau, 525 Camino de Los Marquez, Santa Fe, Suite 4, New Mexico 87501.

DA. Recommended standards for water works(“10 States Standards”), Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, P.O. Box 7126, Albany, New York 12224. E. Recommended standards for water facilities, Construction Programs Bureau, New Mexico Environment Department, 1190 St. Francis Drive, Santa Fe, New Mexico 87503. F. NSF listings - drinking water treatment chemicals - health effects, American National Standards Institute, NSF/ANSI 60, 25 West 43rd Street, New York, NY 10036. G. NSF listings - drinking water system components - health effects, American National Standards Institute, NSF/ANSI 61, 25 West 43rd Street, New York, NY 10036. H. NSF listings - drinking water treatment units - health effects, American National Standards Institute, NSF/ANSI 42, 44, 53, 58, 67, 177, 25 West 43rd Street, New York, NY 10036. I. NSF listings - plumbing system components - health effects, American National Standards Institute, NSF/ANSI 14, 24, 25 West 43rd Street, New York, NY 10036. J. [List of approved backflow prevention assemblies, University of Southern California Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, Kaprielian Hall 200, Los Angeles, CA 90089-2531.]B. Devices listed in the American Society of Sanitary Engineering Seal Authorization Booklet , American Society of Sanitary Engineering, 901 Cantebury Road, Suite A, Westlake, OH 44145. K. UL listings - drinking water treatment additives, Underwriters Laboratory, 333 Pfingston Road, Northbrook, IL 60062-2096. L. UL listings - drinking water treatment/filtration units, Underwriters Laboratory, 333 Pfingston Road, Northbrook, IL 60062-2096. M. UL listings - drinking water system components and additives, Underwriters Laboratory, 333 Pfingston Road, Northbrook, IL 60062-2096. N. UL listings - distribution and plumbing products, Underwriters Laboratory, 333 Pfingston Road, Northbrook, IL 60062-2096.

C. Cross connection control manual, USEPA, Washington D.C., 20460, EPA 816-R-03-002. P. USEPA membrane filtration guidance manual, EPA 815-R-06-009 November 2005, 26 West Martin Luther King Dr., Cincinnati, OH 45268.

20.7.10 NMAC 9

Q. Environmental technology verification (ETV) program information and guidance for vendors, Drinking Water Systems (DWS) center February 2004, NSF International, 789 N. Dixboro Road, Ann Arbor Michigan 48105. R. Source water assessment and protection program report of a New Mexico water utility, New Mexico Environment Department, Drinking Water Bureau, 525 Camino de los Marquez, Santa Fe, Suite 4, New Mexico 87501.[20.7.10.102 NMAC - N, 12/04/2002; A, 04/16/2007; A, xx/xx/2012]

20.7.10.103 AVAILABILITY OF REGULATIONS AND MATERIALS INCORPORATED BY REFERENCE: Regulations, materials incorporated by reference into this part and guidance documents are available for inspection at the New Mexico Environment Department Drinking Water Bureau, 525 Camino de Los Marquez, Suite 4, Santa Fe, New Mexico 87501.[20.7.10.103 NMAC - Rp 20 NMAC 7.1.XIII.1306, 12/04/2002; A, 04/16/2007]

20.7. 10 .104 REFERENCES: The current editions of the following materials, including all future editions and amendments form a part of this rule to the extent referenced. A. Standards for disinfecting water mains (AWWA C651), American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235. B. standards for disinfection of water-storage facilities (AWWA C652), American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235. C. Standards for disinfection of water treatment plants (AWWA C653), American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235. D. Standards for disinfection of wells (AWWA C654), American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235. E. Drinking water laboratory certification program guidance manual , New Mexico Environment Department, Drinking Water Bureau, 525 Camino de los Marquez, Santa Fe, Suite 4, New Mexico 87501. F. Drinking water laboratory certification program guidance manual appendix A – certification application , New Mexico Environment Department, Drinking Water Bureau, 525 Camino de Los Marquez, Santa Fe, Suite 4, New Mexico 87501. G. Recommended standards for water facilities , Construction Programs Bureau, New Mexico Environment Department, 1190 St. Francis Drive, Santa Fe, New Mexico 87503. H. NSF/ANSI Standard 60 - drinking water treatment chemicals - health effects , American National Standards Institute, NSF/ANSI 60, 25 West 43rd Street, New York, NY 10036. I. NSF/ANSI Standard 61 - drinking water system components - health effects , American National Standards Institute, NSF/ANSI 61, 25 West 43rd Street, New York, NY 10036. J. NSF listings - drinking water treatment chemicals - health effects , American National Standards Institute, NSF/ANSI 60, 25 West 43rd Street, New York, NY 10036. K. NSF listings - drinking water system components - health effects , American National Standards Institute, NSF/ANSI 61, 25 West 43rd Street, New York, NY 10036. L. NSF listings - drinking water treatment units - health effects , American National Standards Institute, NSF/ANSI 44 cation exchange water softeners, 53 health effects, 58 reverse osmosis, 62 distillation, 25 West 43rd Street, New York, NY 10036.

20.7.10 NMAC

New comment on 20.7.10.102 - as described in Department testimony, the deletion of the phrase “for determining generally acceptable standards for construction and operation of public water systems” was proposed as a result of discussions with NMMEQA.

In addition, in response to Board questions, the Department now proposes deleting from this list the documents indicated by highlighted strikeout because those documents are already, or are now proposed to be, incorporated by reference elsewhere in Part 10 and are therefore more than just guidance documents. One example is the American Society of Sanitary Engineering Seal Authorization Booklet. This document is required to determine compliance with the general operating requirements outlined in 20.7.10.400.P.

10

M. NSF listings - plumbing system components - health effects , American National Standards Institute, NSF/ANSI 14, 24, 25 West 43rd Street, New York, NY 10036. N. Devices listed in the American society of sanitary engineering seal authorization booklet, American society of sanitary engineering, 901 Canterbury Road, Suite A, Westlake, OH 44145. O. Handbook for optimizing water treatment plant performance using the composite correction program , EPA/625/6-91/027, U.S. EPA/NSCEP, P.O. Box 42419, Cincinnati, OH 45242-041. P. USEPA membrane filtration guidance manual, EPA 815-R-06-009 November 2005, 26 West Martin Luther King Dr., Cincinnati, OH 45268. Q. Environmental technology verification (ETV) program information and guidance for vendors, Drinking Water Systems (DWS) center February 2004, NSF International, 789 N. Dixboro Road, Ann Arbor, Michigan 48105. R. Source water assessment and protection program report of a New Mexico water utility, July 2004 (ground water) , New Mexico environment department drinking water bureau, 525 Camino de los Marquez, suite 4, Santa Fe, NM 87501. S. Source water assessment and protection program report of a New Mexico water utility, February 2004 (surface water template) , New Mexico environment department drinking water bureau, 525 Camino de los Marquez, suite 4, Santa Fe, NM 87501. T. New Mexico Environment Department Drinking Water Bureau Application for Ground Water Rule 4-log Certification, New Mexico environment department drinking water bureau, 525 Camino de los Marquez, suite 4, Santa Fe, NM 87501.[20.7.10.104 NMAC - N, xx/xx/2012]

20.7.l0.1045 - 20.7.10.199 [RESERVED]

20.7.10.200 PUBLIC WATER SYSTEM PROJECTS – DEPARTMENT NOTIFICATION AND APPROVAL:

[ A. Except as provided in Subsections B and C of this section, no person shall undertake a public water system project without first obtaining written approval from the department. B. The following public water system projects do not require approval from the department: (1) a modification that involves the replacement or construction of less than 1,000 feet of distribution piping and appurtenances during any sixty calendar day period; or (2) a modification that involves the replacement or construction of only distribution lines and appurtenances, pump stations, or pressure regulating facilities for which the public water system employs a water utility staff that includes, either by contract or direct employment, a professional engineer registered in New Mexico who is responsible for the project; (3) on-going operation and maintenance procedures; the following activities are considered to be on-going operation and maintenance procedures: (a) pipeline leak repair; (b) replacement of existing deteriorated pipeline where the new pipeline segment is the same size and alignment as the pipeline to be replaced; (c) distribution pipeline additions where the pipeline size is the same as the main supplying the addition, the length is less than 500 feet and contiguous segments of new pipe total less than 1,000 feet in any sixty calendar day period; (d) entry into a drinking water storage facility for the purposes of cleaning and maintenance; (e) the replacement of chemical feed pumps and associated appurtenances;

20.7.10 NMAC

Comment on new Section 20.7.10.104 – This section has been added to list documents that are used to determine how to comply with certain provisions of the rule. The documents in this section are cited elsewhere in the rule.

New comment on the title of Section 200 – in response to Board questions, the Department proposes the additional language in the title of this section shown in highlight, as well as revisions to the title of Section 201, to help clarify the relationship between these sections.

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(f) the replacement of electrical or mechanical equipment in an existing public water supply system; and (g) the replacement of equipment or pipeline appurtenances with the same type, size and rated capacity (fire hydrants, valves, pressure regulators, meters, service laterals, chemical feeders and booster pumps including deep well pumps). C. The plan approval requirement in this section may be waived for transmission, storage, and distribution projects proposed for implementation that are certified to be in conformance with a “master design plan” previously approved by the department. Such master design plans may be approved upon submission to the department and must at a minimum contain: (1) identification of existing system components and service area; (2) a complete set of standard plans, details, and specifications for any component or facility to be eligible for a waiver under this section; and (3) written verification that the standard plans, details, and specifications have been adopted by ordinance or resolution in such a manner as to require their use in all associated projects. D. All changes to the standard plans, details, or specifications must be approved by the department prior to being eligible for a waiver under this section. E. To obtain a waiver, the owner of the system must submit, in lieu of the application materials in 20.7.10.201 NMAC, a written summary of the project and certification that the project will be installed in accordance with the approved drawings and specifications, signed by a registered professional engineer who is responsible for the design, development, or maintenance of the public water system. All waiver requests shall be properly documented prior to receiving the department’s approval.]

A. Any person undertaking a public water system project shall submit an application to the Department and shall not use the new or modified facility to produce, treat, store or distribute water for human consumption until the department has approved the application in writing, except that:

(1) a person conducting the activities under Subsection B of this section need not submit an application or obtain department approval; and

(2) a person undertaking the water projects under Subsection C of this section must submit an application but may undertake the project without written approval from the department.The department will respond to each application within the period specified in subsection K of Section 201of this part.

20.7.10 NMAC

Comment on 20.7.10.200 – this section has been re-organized to more clearly explain when a water system project: (a) may be completed without notifying the department, (b) is subject to the requirement to notify the department by filing of an application, but does not require department approval, or (c) is subject to department approval.

Comment on newly proposed 200.A – in response to questions from the Board, the Department proposes relocating the provision at Subsection 200.C (in the April 23, 2012 draft) to Subsection 200.A, with revisions, as shown above. The purpose of this relocation is to state the general rule (that applications are necessary) before providing the exceptions.

The Department also proposes to include in this subsection a provision that, except for the specified exceptions, a person “shall not use the new or modified facility to produce, treat, store or distribute water for human consumption until the Department has approved the application in writing.” This is consistent with the current requirement in subsection 200.A that, subject to the same specified exceptions, no person shall “undertake a public water system project without first obtaining written approval from the department.” That language was proposed for deletion as a result of discussions with the NMMEQA, to be replaced by the provision that the “department will respond to the application within the period specified.” Upon further consideration, the Department believes it is necessary and appropriate to retain a provision expressly prohibiting the use of facilities prior to Department approval, unless an exception applies.

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A B. The following activities are considered on-going operation and maintenance procedures. These activities are not considered public water system projects. There is no requirement to notify or seek approval of the department for these activities.

(1) pipeline leak repair; (2) replacement of existing deteriorated pipeline , or addition of distribution pipeline, additions of if such replacements or additions, or both, total less than 1,000 feet in any 60 calendar day period;

(3) entry into a drinking water storage facility for the purposes of cleaning and maintenance; (4) the replacement of chemical feed pumps and associated appurtenances; (5) the replacement of electrical or mechanical equipment in an existing public water supply system; and (6) the replacement of equipment or pipeline appurtenances with the same type, size and rated capacity (fire hydrants, valves, pressure regulators, meters, service laterals, chemical feeders and booster pumps including deep well pumps).

B C . Any person proposing to undertake the following public water system projects must give the department written notice by submitting an application. Department approval is not required.

(1) a modification that involves only the replacement or construction of only more than 1,000 feet of distribution lines, or of and appurtenances, pump stations, or pressure regulating facilities for which the public water system employs a water utility staff that includes , either by contract or direct employment, a professional engineer registered in New Mexico who is responsible for the project;

(2) installation of a hypochlorination system, excluding on-site hypochlorination generation systems, in a public water system under the following conditions: (a) water is supplied by ground water that is not under the direct influence of surface water;

20.7.10 NMAC

Comment on 20.7.10.200.AB - the on-going operation and maintenance procedures that were formerly listed under 200.B.3 have been moved to proposed 200.AB. Under the existing regulation, approval is not required for these procedures but the regulation is silent on whether an application is necessary. Proposed 200.A would expressly provide that no application is required for these procedures.

Comment on 20.7.10.200.AB(2) - the two provisions addressing pipeline additions of less than 1000 feet, currently at 200.B(1) and 200.B(3)(c), are proposed to be replaced with simplified language at 200.B (2).

Comment on 20.7.10.200.BC - Amendment to 200.BC is proposed to clarify that although department approval is not required for the activities listed under that subsection, notice must be provided via submittal of an application.

New comment on 20.7.10.200.B (2) – in response to questions from the Board, the Department proposes the revisions shown in highlight above to clarify that the 1000 foot limitation applies to either pipeline replacements or additions (or both if applicable) and proposes to re-insert the 60 calendar day limitation presently contained in 20.7.10.200.B(3)(c), which the Department had previously proposed for deletion.

New comment on 20.7.10.200.C (1) – in response to questions from the Board, the revisions shown in highlight are proposed to clarify that with respect to pipeline replacement or construction, the notification requirements of this subsection B apply only where more than 1,000 feet of line are involved. This harmonizes subsection B C with subsection AB, which applies when less than 1,000 feet of line is constructed or replaced. The Department also proposes deleting the reference to “water utility staff.” The Department believes that the operative requirement is that the water system utilize an engineer, whether or not it employs other staff.

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(b) the owner or operator of the system employs, by contract or direct employment, a water operator certified in New Mexico at the level required in the Utility Operator Certification Regulations, 20.7.4 NMAC; and (c) the certified operator is responsible for the project and certifies the inactivation level ratio achieved by the hypochlorination system and the chemical and mechanical operating parameters at the minimum and maximum residual disinfectant levels. The water system operator shall calculate the inactivation ratio and document the calculation in the department application for groundwater rule 4-log certification .

C. Except for the procedures described in Subsection A and Subsection B of this section, any person undertaking a public water system project shall submit an application and the department will respond to the application within the period specified in Section 201 .

D. The approval requirement in Subsection A of Section 201 of this part is satisfied when transmission, storage, and distribution projects are proposed for implementation that are certified to be in conformance with a "master design plan" previously approved by the department. In order to expedite future public water system projects, a public water system with the legal authority to adopt construction plans, details, and specifications by ordinance or resolution may submit Such a master design plan s may be approved upon submission to the department (via the bureau) for approval. and Such plan must at a minimum contain: (1) identification of any existing system components and service area; (2) a complete set of standard plans, details, and specifications for any component or facility to be eligible for consideration under this section; and (3) written verification that the standard plans, details, and specifications have been adopted by ordinance or resolution in such a manner as to require their use in all associated projects. E. The approval requirement in Subsection A of Section 201 of this part is satisfied when transmission, storage, and distribution projects are proposed for implementation that are certified to be in conformance with a master design plan previously approved by the department. For a project to be considered under this subsection D , the owner or operator of the system must submit, in lieu of the application materials in Section 201 of this part, a written summary of the project and certification that the project will be installed in accordance with the approved drawings and specifications, signed by a registered professional engineer who is responsible for the design, development, or maintenance of the public water system. Project requests under Subsection D shall include all of the documentation listed in this subsection.[20.7.10.200 NMAC - Rp 20 NMAC 7.1.V.501 and 502, 12/04/2002; A, 04/16/2007; A, xx/xx/2012]

20.7.10 NMAC

Comment on 20.7.10.200.BC(2) - The installation of a hypochlorination system, subject to certain conditions, is proposed to be added as an activity that necessitates notice but not Department approval, under proposed 200.B.(2).

Comment on 20.7.10.200.D and 20.7.10.200.E - the provisions addressing the use of a “master design plan” are proposed for revision to clarify that the use of such a plan is an alternative means of satisfying Section 200, rather than a waiver from it. The provision currently at 200.D (requiring prior department approval of changes to plans, details, and specifications) is proposed for deletion because it is ambiguous and superfluous as it does not appear to add any substantive requirement because a plan that has been changed is not a plan approved by the Department and does not qualify to serve as a master design plan for subsequent changes.

New comment on 20.7.10.200.BC(2) – in response to Board questions, the Department proposes changing the word “level” to “ratio” in 200.BC(2)(c) as indicated, for consistency with the terminology of the CFR. The Department also proposes specifying the form to be used to document the required calculation.

Comment on deleted Subsection 200.C – the Department proposes relocating this provision to 200.A. See comment under that section above for further explanation.

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20.7.10.201 APPLICATIONS FOR PUBLIC WATER SYSTEM PROJECTS – APPLICATIONS APPROVAL:

A. Any person proposing to undertake a public water system project that requires the review and approval of the department shall complete, sign and submit an application to the department as described in this section. B. The applicant shall submit an application to the department no less than thirty days prior to advertising the public water system project for bid or, if the project is not advertised for bid, not less than thirty days prior to the commencement of construction, except that the department may permit an applicant to advertise for bids or commence construction of a public water system project prior to the submission of a written application if, in the judgment of the department, exigent circumstances warrant a waiver of the thirty-day notice requirement. Permission to advertise for bids or commence construction without first submitting an application shall expire if the applicant does not submit a written application to the department that meets the requirements of this section within fifteen days of the date of permission.

C. The application shall be made on forms furnished by the department and shall include: (1) one set of complete plans and specifications for the project; the plans and specifications must be prepared under the direct supervision of and sealed by a professional engineer registered in New Mexico; (2) an engineering design summary which shall include engineering information that sets forth the basis of the project design; (3) a plan to disinfect the system and sample for the presence of bacterial contamination following completion of the project and prior to providing water to the public; the criteria used by the department to review the adequacy of the plan shall include the current standards of the American water works association for disinfecting water mains, wells, water-storage facilities and water treatment plants;

20.7.10 NMAC

Comment on existing 20.7.10.201.B – currently, this subsection contains provisions governing the submittal of applications with respect to the timing of solicitation of bids, which apply to applications for all types of public water system projects. The Department proposes replacing this subsection with multiple subsections containing timing and other requirements specific to different types of projects, which provide review times better tailored to the level of complexity presented by different projects. See proposed subsections 201 D, F, G, H, & I below. In addition, the Department proposes separating out the provision regarding waivers for exigent circumstances into new subsection L below, which is applicable to any type of project approval. This approach was agreed to in discussions with NMMEQA.

New comment on the title of Section 201 – in response to Board questions, the Department proposes the revisions to the title of Section 201 shown in highlight, for consistency in form with the title of Section 200 and to help clarify the relationship between these sections.

New comment on Subsections 200.D and E – In response to questions from the Board, the Department proposes relocating the first sentence of Subsection D to the first sentence of Subsection E. The purpose of this relocation is to structure Subsection 200.D to provide the purpose and contents of master design plans, before the use of such plans to comply with Section 200 is discussed in Subsection 200.E.

Within Section 200.D, the explanatory phrase “In order to expedite future public water system projects” is proposed for inclusion, followed by the clause “a water system with the legal authority to adopt standard construction plans, detail, and specifications by ordinance or resolution may submit,” in order to clarify that the use of master design plans is limited to such systems.

Also, the Department proposes deleting the word “standard” from 200.D (2) &(3), as shown by strikethrough, because the term is confusing and unnecessary.

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(4) an inventory of existing and planned sources of actual and potential contamination located within one thousand (1,000) feet of a water source proposed to be utilized by the public water system; and (5) all other relevant information as needed by the department to determine compliance with this part.

D. The department shall require an applicant proposing to undertake a public water system project to submit, in addition to the materials set forth in Subsection C of this section: (1) for projects involving the construction of a new public water system, documents demonstrating that the public water system has sufficient technical, managerial and financial capacity, such as a certified operator, testing equipment required to meet regulatory treatment techniques, ownership accountability, staffing and organization, revenue sufficiency, credit worthiness and fiscal management; and (2) for projects involving the construction of a new water source, analytical results of nitrate sampling conducted during exploratory drilling or aquifer testing and prior to commencement of construction; (3) for projects involving the construction of distribution facilities, provision shall be made to include sufficient hydrants or blow-offs to provide for complete flushing of the newly constructed facilities; this may include reference to existing flushing appurtenances.

E. The department shall either approve an application, approve an application subject to conditions or deny an application, and shall notify the applicant by mail of such determination within thirty days after filing of a complete application pursuant to this section. The department shall not condition or in any manner require as part of an approval that the applicant use a specific process or type of equipment.

F. The department may deny an application for a public water system project, in whole or in part, if the department determines that: (1) any maximum contaminant level (MCL) or treatment technique set forth at 40 CFR Part 141 will not be met after completion of the project; (2) any other requirement of 20.7.10 NMAC will not be met after completion of the project; (3) the design of the project is inconsistent with generally acceptable standards for construction of public water systems and their components including, but not limited to, the recommended standards for water facilities, Construction Programs Bureau, New Mexico Environment Department, 1190 St. Francis Drive, Santa Fe, New Mexico 87502; (4) the design of the project will not meet project goals; (5) the public water system does not demonstrate sufficient technical, managerial or financial capacity; or (6) an existing or planned source of actual or potential contamination may adversely impact a water source proposed to be utilized by the system. To make this determination, the department may require the applicant to submit analyses relating to hydrogeological, soil or ground water conditions at the site, and/or information

20.7.10 NMAC

Comment on existing 20.7.10.201.C – the Department proposes retaining this subsection, to be renumbered as 201.B, with the exception that paragraph (4) of current 201.C. is not included in proposed subsection 201.B. Instead, the provision requiring an inventory of existing and planned sources of contamination would be included in the requirements for only those types of projects where it is appropriate, specifically subsections F and G of section 201.

Comment on existing 20.7.10.201.D – the Department proposes the following: The provisions of paragraph (1) of existing 201.D would be relocated to a new 201.C, and

made applicable to the conversion of an existing water system to a public water system. The provisions of paragraph (2) of existing 201.D would be deleted. The provisions of paragraph (3) of existing 201.D would be revised and relocated to new

201.D (2).

Comment on existing 20.7.10.201.E – the Department proposes relocating and revising this subsection to 201.K (due to the insertion of new subsections addressing different application requirements for different project types). In addition, a provision has been added specifying that the applicant will be notified within 15 days of the need to submit a complete application.

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regarding proposed technology or installation methods that may be employed to prevent or mitigate the impact of the contaminant source on the water source.

G. The department’s approval of an application is limited to the sanitary features of design and other features of public health significance. The department's approval of an application does not imply a guarantee of any type for the constructed project nor does it relieve the applicant from the responsibility for the overall integrity of the project, the adequacy of the project's design, or from the responsibility of complying with any of the provisions of this part or other applicable state and federal laws or regulations. H. The department is not responsible for increased costs resulting from defects in the plans, design drawings and specifications or any other contract documents. I. The applicant shall notify the department in writing when work on the public water system project is initiated. The department may inspect the project during construction and at completion to ensure compliance with the approved plans and specifications. J. If a public water system project receives approval from the department but does not commence construction within one year after the date of department approval, the supplier of water must submit a new application to the department. K. Any deviations from approved plans or specifications affecting capacity, operating units, the functioning of water treatment processes, or the quality of water to be delivered, shall be reported to the department in writing. If deemed appropriate, the department may require that revised plans and specifications be submitted for review. Revised plans or specifications shall be submitted to the department in time to permit the review and approval of such plans or specifications before any construction work, which will be affected by such changes, is begun. In the event that this requirement would result in construction delays, verbal approval by the department may be given followed by written approval within 30 days. The applicant must submit a copy of the completed change order to the department as soon as possible for review, final approval and filing. L. Staff from the department, after reasonable notice and presentation of credentials, may make visits to the work site to assure compliance with these rules. In the event deficiencies are noted, the engineer will be notified in writing of any deficiency. All deficiencies must be resolved prior to the start-up of the system or component of the system. M. The department shall be informed when a public water supply system project, or well-defined phase therof, is at or near completion. The new or modified facility shall not be used to produce, store, distribute, or treat potable water for public consumption until the department has been notified in writing. This notification shall consist of: (1) a written statement from a registered professional engineer or representative of the water system that all conditions of project approval were accomplished; (2) evidence of proper flushing and disinfection in accordance with the appropriate ANSI/AWWA Standard, including bacteriological sampling results; (3) other water quality data where appropriate; (4) all other documentation which may have been required during the plan review process; and (5) confirmation that the water system owner has been provided with an operation and maintenance manual for the new facility, where appropriate. N. The supplier of water shall submit record or as-built plans and certification of project completion to the department within ninety days after completion of the project.]

20.7.10 NMAC

Comment on existing 20.7.10.201.G through 201.N- the Department proposes relocating these subsections to 20.7.10.201.N through 201.T, respectively. Some of these new sections include minor modifications, as described in the comment boxes under the new sections.

Comment on existing 20.7.10.201.F – the Department proposes the following: Relocation of this subsection to subsection 201.M. Deletion of a street address for the bureau. No other changes are proposed to the language of this subsection.

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A. Any person proposing to undertake a public water system project for which an application is required under Section 200 of this Part shall complete, sign and submit an application to the department (via the bureau) as described in this section.

B. The application shall be made on forms furnished by the department and shall include: (1) one set of complete plans and specifications for the project; the plans and specifications must be prepared under the direct supervision of and sealed by a professional engineer registered in New Mexico; (2) an engineering design summary which shall include engineering information that sets forth the basis of the project design; (3) a plan to disinfect the system and sample for the presence of bacterial contamination following completion of the project and prior to providing water to the public; the criteria used by the department to review the adequacy of the plan shall include the current standards of the American water works association for disinfecting water mains, wells, water-storage facilities and water treatment plants; (4) any other relevant information requested by the department in order to determine compliance with this part.

C. For projects involving the construction of a new public water system or conversion of an existing water system to a public water system, an applicant proposing to undertake a public water system project shall submit, in addition to the materials set forth in Subsection B of this section documents demonstrating that the public water system has sufficient technical, managerial and financial capacity, such as a certified operator, testing equipment required to meet regulatory treatment techniques, ownership accountability, staffing and organization, revenue sufficiency, credit worthiness and fiscal management.

D. For projects involving storage facilities or distribution facilities, the applicant shall submit an application to the department (via the bureau) no less than 30 days prior to advertising the public water system project for bid or, . I f the project is not advertised for bid, the applicant shall submit an application to the department (via the bureau) not less than 30 days prior to commencement of construction. In addition to the materials set forth in Subsection B and Subsection C of this section the application shall include: (1) a geotechnical report for storage facilities

20.7.10 NMAC

Comment on proposed 20.7.10.201.C – this is not a new provision. The Department proposes relocating this provision from existing paragraph (1) of subsection 201.D. This section was restructured so that general requirements of all water systems are listed first. Requirements that apply only to specific groups of water systems or specific types of public water system projects are listed after general requirements applicable to all water systems. The requirements in Subsection 201.DC apply only to new water systems or conversion of existing non-public water systems to public water systems.

Comment on proposed 20.7.10.201.B - the Department proposes the following: Renumbering existing subsection 201.C to 201.B. Deleting paragraph (4) of existing 201.C, requiring an inventory of existing and planned

sources of contamination. Including the requirement for the inventory of existing and planned sources of contamination

in the subsection applicable to only those types of projects where an inventory is appropriate, specifically subsections F and G of Section 201.

New comment on proposed 201.A – the Department proposes the changes above to harmonize this provision with proposed Subsection 200.A. Specifically, the proposed change reflects the fact that under section 200, some types of projects necessitate an application but do not require Department approval. (Section 200 specifies which type of projects necessitate applications; Section 201 provides the requirements for application contents).

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(2) plans and specifications showing sufficient hydrants or blow-offs to provide for complete flushing or cleaning of the newly constructed facilities for distribution facilities ; this may include reference to existing flushing appurtenances.

E. For projects that involve construction of a new water source or conversion of an existing non- public source to a public source, in addition to the materials set forth in Subsection B and Subsection C of this section the application shall include:

(1) analytical results of nitrate sampling conducted prior to commencement of construction; ( 2 1) the appropriate state engineer office permit;

( 3 2) analytical results for regulated and secondary contaminants sampling prior to commencement of construction; this section requires sampling for those regulated and secondary contaminants that are monitored at the source or at the entry point(s).

F. For projects involving ground water sources that are not under the direct influence of surface water, the applicant shall submit an application to the department (via the bureau) no less than 30 days prior to advertising the public water system project for bid or, if the project is not advertised for bid, not less than 30 days prior to commencement of construction. (1) In addition to the requirements in Subsection E of this section, projects involving a new ground water source that is not under the direct influence of surface water or conversion of an existing ground water source that is not under the direct influence of surface water must include an inventory of existing and planned facilities and land uses that are sources of actual and or potential sources of contaminants of concern contamination located within 1,000 feet of a water source proposed to be utilized by the public water system . (2) At a minimum, potential sources of contamination and land uses in Appendix K of the NMED source water assessment and protection program report, July 2004 (ground water) template must be considered.

20.7.10 NMAC

Comment on proposed 20.7.10.201.D – the Department proposes this new subsection in order to provide an application deadline and application contents appropriate for projects involving storage facilities and distribution facilities. Distribution facilities were covered in the paragraph previously numbered 201.D(3).

Comment on proposed 20.7.10.201.E – the Department proposes this new subsection in order to provide an application deadline and application contents appropriate for projects involving construction of a new water source or conversion of an existing non-public source to a public source. The provision with the requirement to sample for nitrate was previously numbered 201.D(2).

Comment on proposed 20.7.10.201.F – the Department proposes this new subsection in order to provide an application deadline and application contents appropriate for projects involving ground water sources that are not under the direct influence of surface water.

New comment on proposed 20.7.10.201.D – in response to Board questions, the Department proposes the revisions shown in highlight to clarify the application requirements with respect to hydrants and remove duplicative wording with respect to facilities.

New comment on proposed 20.7.10.201.E – nitrate is a regulated contaminant and will be sampled as required in 20.7.10.201.E(2). The Department proposes deleting 20.7.10.201.E(1) .

New comment on proposed 20.7.10.201.F – Considering comments from the Board during the May 7th

hearing, the Department proposes the following: Use the phrase “facilities and land uses that are actual or potential sources of contaminants

of concern” instead of the phrase “sources of actual and or potential contamination.” The new terminology reflects the method used by the Department to document the vulnerability of a ground water source to contamination.

Incorporation of the reference in the provision in addition to citing the reference in Section 104. 19

G. For projects involving 40 CFR Part 141 Subpart H sources, including existing non-public surface water sources and non-public ground water sources x under the direct influence of surface water sources that are converted to public 40 CFR Part 141 Subpart H sources, the applicant shall submit: (1) an application to the department (via the bureau) no less than 60 days prior to advertising the public water system project for bid or, if the project is not advertised for bid, not less than 60 days prior to commencement of construction. In addition to the requirements in Subsection E of this section, projects involving 40 CFR Part 141 Subpart H sources, including existing non-public surface water sources and non-public ground water sources under the direct influence of surface water sources that are converted to public 40 CFR Part 141 Subpart H sources, the application shall include (2) an inventory of existing and planned facilities and land uses that are sources of actual and or potential sources of contaminants of concern contamination , located within the delineation required in Subsection R of Section 102 of this part. specified in source water assessment and protection program report of a New Mexico water utility, February 2004 (surface water template) New Mexico Environment Department, Drinking Water Bureau.

H. For projects using best available technologies identified in 40 CFR Part 141 for treatment of chemical, radiological or microbiological contaminants, except for Cryptosporidium , the application shall be submitted to the department (via the bureau) no less than 45 days prior to advertising the public water system project for bid or, if the project is not advertised for bid, not less than 45 days prior to commencement of construction. Treatment using a point-of-entry treatment device (POE) or a point-of-use treatment device (POU) will be considered only for treatment of chemical contaminants, except nitrate, nitrite and chlorine dioxide, within systems serving not more than 100 service connections.

I. For projects involving treatment of Cryptosporidium and projects involving treatment of chemical, radiological or microbiological contaminants that use technologies other than those identified in 40 CFR Part 141 as best available technologies, the applicant shall submit an application to the department (via the bureau) no less than 120 days prior to advertising the public water system project for bid or, if the . If the project is not advertised for bid, the applicant shall submit an application to the department ( via the bureau) not less than 120 days prior to commencement of construction. The application shall include a performance demonstration. Pilot studies submitted as performance demonstrations shall have been conducted by a field testing organization in accordance with Subsection J of this section. (1) Test protocols to demonstrate the performance of Cryptosporidium treatment shall meet the requirements of the Long Term 2 Enhanced Surface Water Treatment Rule, 40 CFR Part 141 Section 715 (microbial toolbox options for meeting Cryptosporidium treatment requirements).

20.7.10 NMAC

Comment on proposed 20.7.10.201.G – the Department proposes this new subsection in order to provide an application deadline and application contents appropriate for projects for projects involving 40 CFR Part 141 Subpart H sources.

Comment on proposed 20.7.10.201.H– the Department proposes this new subsection in order to provide an application deadline and application contents appropriate for projects using best available technologies identified in 40 CFR Part 141 for treatment of chemical, radiological or microbiological contaminants, except for Cryptosporidium.

New comment on proposed 20.7.10.201.G – in response to questions from the Board, the Department proposes the revisions shown in highlight to:

Delete duplicative wording. Clarify the intended requirements for an inventory of actual and potential sources of

contaminants. Incorporate the relevant document into this subsection in addition to the listing in Section

104.

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(2) For projects involving treatment of Cryptosporidium using bag , or cartridge filters or membrane filtration, the application shall also include a challenge test demonstrating performance, pursuant to 40 CFR § 141.719 (a)(2) through (a)(10) or (b)(2) as applicable . (3) For projects involving treatment of Cryptosporidium using membrane filtration, pursuant to 40 CFR § 141.719 (b)(3) the application shall include documentation of the log removal that can be verified by direct integrity testing in addition to the challenge test required in Paragraph 2 of Subsection I of Section 201 of this part. (4) For projects described in Paragraphs I (2) and I (3) of this subsection submitted by public water systems that serve at least 10,000 people : (a) turbidity shall be measured; (b) a surface water microscopic particulate analysis (MPA) shall be conducted; and (c) removal efficiencies for E. coli (analyzed by an enumeration method) and Cryptosporidium shall be determined. (5) For the requirements of Paragraph I (4) of this subsection plant detention time should be factored into the sample collection so that raw and finished water monitoring is representative of the same water . (6) For projects described in Paragraphs I (2) and I (3) of this subsection, public water systems that serve fewer than 10,000 people shall: (a) determine the removal efficiencies for E. coli (analyzed by an enumeration method); and (b) factor plant detention time into the sample collection. (7) Test protocols for demonstrating performance for treatment of chemical, radiological and microbiological contaminants developed by the “USEPA environmental technology verification program” will be accepted by the department for all contaminants except Cryptosporidium . The department will also consider other test protocols.

J. A performance demonstration pilot study submitted pursuant to Subsection I of Section 201 of this part must be conducted by a field testing organization with the following qualifications: (1) professional engineer with experience in conducting a minimum of three drinking water pilot studies who will oversee field testing operations; (2) experience in conducting drinking water pilot studies for a state or an organization conforming to the requirements of the that state. The studies must have been satisfactorily performed, as indicated by the governing state agency. Examples of the studies or project's report(s) shall be submitted to demonstrate the organization's capability to prepare acceptable documentation of conducted studies . ; (3) experience in preparing and executing a project-specific QA/QC plan (i.e., a quality assurance project plan (QAPP)) for a package drinking water treatment project or pilot study under the direction of the USEPA, water research foundation, national water research institute or other relevant organization; (4) demonstrated timeliness in delivery of documents and testing activities; (5) demonstrated responsiveness in following schedules and addressing review comments; and (6) proven adherence to protocols provided in Subsection I of Section 201 of this part.

20.7.10 NMAC

Comment on proposed 20.7.10.201.I– the Department proposes this new subsection in order to provide an application deadline and application contents appropriate for projects involving treatment of Cryptosporidium and projects involving treatment of chemical, radiological or microbiological contaminants that use technologies other than those identified in 40 CFR Part 141 as best available technologies.

Comment on proposed 20.7.10.201.J – the Department proposes this new subsection to establish qualifications for field testing organizations that may be utilized to conduct the performance demonstration pilot study provided for in Subsection 201.I. The Department proposed less extensive qualification criteria in the version of proposed 20.7.10 NMAC that was initially submitted to the Board with the Department’s petition, specifically at then-proposed 20.7.10.E NMAC. NMMEQA commented that the criteria needed clarification. The revised criteria have been developed with NMEAQA’s concurrence. See Reference # 15 (EPADWCTR Feb. 2004) for EPA criteria on selecting a field testing organization.

New comment on proposed 20.7.10.201.I – in response to questions from the Board, the Department proposes the following:

Adding the more specific references within 40 CFR Part 141, as indicated in highlight. Specifying the sampling requirements based on population as in 40 CFR §141.701(f).

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K. Incomplete applications will not be reviewed. The applicant will be notified within 15 days of the need to submit a complete application. The department shall either approve the application, approve the application subject to conditions or deny the application, and shall notify the application applicant of such determination. within time periods in the applicable subsection D, F, G, H or I . The department shall not condition or in any manner require as part of an approval that the applicant use a specific process or type of equipment. (1) For projects involving storage facilities, or for projects involving distribution facilities, the department shall notify the applicant of the determination within 30 days after receipt of the complete application. (2) For projects involving ground water sources that are not under the direct influence of surface water, the department shall notify the applicant of the determination within 30 days after receipt of the complete application. (3) For projects involving a surface water source or a ground water source that is under the direct influence of surface water, the department shall notify the applicant of the determination within 60 days after receipt of the complete application. (4) For projects using best available technologies identified in 40 CFR Part 141 for treatment of chemical, radiological or microbiological contaminants, except for Cryptosporidium, the department shall notify the applicant of the determination within 45 days after receipt of the complete application. (5) For projects involving treatment of Cryptosporidium and projects involving treatment of chemical, radiological or microbiological contaminants that use technologies other than those identified in 40 CFR Part 141 as best available technologies, the department shall notify the applicant of the determination within 120 days after receipt of the complete application.

L. If in the judgment of the department, exigent circumstances warrant a waiver of the requirement for prior approval of an application prior to construction, the department may permit an a prospective applicant to commence construction of a public water system project upon receipt of written notification permission from the department. The applicant owner or operator of the public water system must submit an application within 30 days of receipt of the notification permission.

20.7.10 NMAC

Comment on proposed 20.7.10.201.K – this proposed subsection is similar to existing 201.E. The first sentence, stating that incomplete applications will not be reviewed, is new, as is the provision for notification to the applicant within 15 days of the need to submit a complete application.

New comment on proposed 20.7.10.201.K – in response to questions from the Board, the Department proposes the highlighted revisions shown to clarify its intent that Department’s review period for the application be the same number of days as the applicant is required to submit the application prior to advertisement or commencement of construction.

New comment on proposed 20.7.10.201.L – in response to Board questions, the Department proposes the revisions shown in highlight to avoid the use of the term “applicant” in reference to a person who has not yet submitted an application, and to clarify the nature of the “notification” referred to.

Comment on proposed 20.7.10.201.L – this proposed provision contains language currently contained in 201.B, addressing exigent circumstances.

The Department proposes placing this language into a separate subsection in order to make it applicable to all applications requiring prior approval (i.e., new proposed subsections 201.D, 201.F, 201.G, 201.H and 201.I).

The Department also proposes changing the deadline for submission of an application, from 15 days of the date of permission being granted by the department, to 30 days from the Department’s receipt of notification granting permission.

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M. The department may deny an application for a public water system project, in whole or in part, if the department determines that: (1) any maximum contaminant level (MCL) or treatment technique set forth at 40 CFR Part 141 will not be met after completion of the project; (2) any other requirement of 20.7.10 NMAC will not be met after completion of the project; (3) the design of the project is inconsistent with generally acceptable standards for construction of public water systems and their components including, but not limited to, the recommended standards for water facilities, construction programs bureau , New Mexico environment department; (4) the design of the project will not meet project goals; (5) the public water system does not demonstrate sufficient technical, managerial or financial capacity; (6) an existing or planned source of actual or potential contamination may adversely impact a water source proposed to be utilized by the system. To make this determination, the department may require the applicant to submit to the department ( via the bureau) analyses relating to hydrogeological, soil or ground water conditions at the site, and /or information regarding proposed technology or installation methods that may be employed to prevent or mitigate the impact of the contaminant source on the water source; and or (7) a regulated contaminant will be injected into the source (e.g., chlorine pellet drop system).

N. The department's approval of an application is limited to the sanitary features of design and other features of public health significance. The department's approval of an application does not imply a guarantee of any type for the constructed project nor does it relieve the applicant from the responsibility for the overall integrity of the project, the adequacy of the project's design, or from the responsibility of complying with any of the provisions of this part or other applicable state and federal laws or regulations.

O. The department is not responsible for increased costs resulting from defects in the plans, design drawings and specifications or any other contract documents.

P. The applicant shall notify the department in writing when work on the public water system project is initiated. The department may inspect the project during construction and at completion to ensure compliance with the approved plans and specifications.

20.7.10 NMAC

Comment on proposed 20.7.10.201.O –the language in this proposed subsection is identical to existing 201.H.

Comment on proposed 20.7.10.201.P –the language in this proposed subsection is identical to existing 201.I.

New comment on proposed 20.7.10.201.N –the language in this proposed subsection is identical to existing 201.G.

Comment on proposed 20.7.10.201.M – this proposed provision is the same as existing subsection 201.F, except for the following:

The addition of new paragraph (7);and The deletion of a street address from paragraph (3).

New comment on proposed 20.7.10.201.M – The Department considered comments from the Board, and proposes that the Board retain the existing language “The department may deny an application” rather than adopt the language “The department shall deny an application.” This allows the department flexibility for unforeseen circumstances where the effect of denying the application would be more detrimental to public health than approving it.

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Q. If a public water system project receives approval from the department but does not commence construction within one year after the date of department approval, the supplier of water must submit a new application to the department (via the bureau) .

R. Any deviations from approved plans or specifications affecting capacity, operating units, the functioning of water treatment processes, or the quality of water to be delivered, shall be reported to the department (via the bureau) in writing. If deemed appropriate, the department may require that revised plans and specifications be submitted for review. Revised plans or specifications shall be submitted to the department (via the bureau) in time to permit the review and approval of such plans or specifications before any construction work, which will be affected by such changes, is begun. In the event that this requirement would result in construction delays, verbal approval by the department may be given followed by written [ approval ] review within 30 days. The applicant must submit a copy of the completed change order to the department as soon as possible for review, final approval and filing.

S. Staff from the department, after reasonable notice and presentation of credentials, may make visits to the work site to assure compliance with these rules. In the event deficiencies are noted, the engineer applicant will be notified in writing of any deficiency. All deficiencies must be resolved prior to the start-up of the system or component of the system.

T. The department (via the bureau) shall be informed notified when a public water supply system project, or well-defined phase thereof, is at or near completion. The new or modified facility shall not be used to produce, treat, store, or distribute water for human consumption until the department (via the bureau) has been notified in writing. A project to construct a new water system or convert a non-public water system to a public water system is complete when the system has the treatment, storage and distribution (main) capacity required to supply water for human consumption to 15 or more service connections, regardless of whether the service connections are installed or providing water. This notification shall consist of: (1) a written statement from a registered professional engineer representing the water system that all conditions of project approval were accomplished; (2) evidence of proper flushing and disinfection in accordance with the appropriate ANSI/AWWA standard, including bacteriological sampling results; (3) other water quality data where appropriate; (4) all other documentation which may have been required during the plan review process; (5) confirmation that the water system owner has been provided with an operation and maintenance manual for the new facility, where appropriate; and (6) documents filed with the state engineer office, including the well log and proof of completion of well for ground water sources, and a proof of completion of works for surface water sources. These documents are required when the project includes construction of a new source or incorporation of an existing source into a public water supply system.

20.7.10 NMAC

Comment on proposed 20.7.10.201.Q –the language in this proposed subsection is identical to existing 201.J,

Comment on proposed 20.7.10.201.R –this provision substitutes the word “review for “approval” as indicated above. Otherwise the language in this proposed subsection is identical to existing 201.K.

Comment on proposed 20.7.10.201.S –the language in this proposed subsection is identical to existing 201.L.

New comment on proposed 20.7.10.201.S – in response to questions from the Board, the Department proposes substituting the word “applicant” for “engineer,” as indicated by highlight, because the applicant is the person ultimately responsible for compliance with the regulations.

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U. For projects requiring department approval, the supplier of water shall submit record drawings and certification of project completion in an electronic format acceptable to the department within 120 days after completion of the project.[20.7.10.201 NMAC - Rp 20 NMAC 7.1.I.109 and 20 NMAC 7.1.V.502, 12/04/2002; A, 04/16/2007; A, xx/xx/2012]

20.7.10.202 APPLICATION FOR WATER HAULERS THAT ARE NOT OWNED OR OPERATED BY ANOTHER PUBLIC WATER SYSTEM: A. This section applies to each water hauler meeting the definition of a public water system, as defined in 40 CFR Part 141, that is not owned or operated by a system meeting that definition based on operations other than water hauling. This section does not apply to the transport of bottled water regulated pursuant to 21 C.F.R. Part 165. B. Any person proposing to commence a water hauling operation under this section shall complete, sign and submit an application to the department (via the bureau) no later than 30 days prior to entering a service contract for delivering water for human consumption. The water hauler shall not produce, withdraw, store, transport or deliver water for human consumption until the department (via the bureau) has approved the application in writing. C. The application shall be made on forms furnished by the department and shall include; (1) evidence that the system has an operator, who meets or exceeds the appropriate level of certification required to operate the system under 20.7.4 NMAC, Utility Operator Certification; (2) shop drawings and specifications from the tank manufacturer describing the water tank portion and other water delivery components of the vehicle; (3) certification that the water tank and other water delivery components are approved for water for human consumption; (4) verification that the water tank and other water delivery components have never come into contact with a non-potable or non-food grade product; (5) contracts with active public water systems in New Mexico authorizing receipt of water or documentation of ownership of a public water system; (6) a description of water hauling operation including the procedures for obtaining, storing, treatment of and delivery of water; and (7) a disinfection plan for routine and seasonal disinfection of each tank.[20.7.10.202 NMAC – N, xx/xx/2012]

20.7.10 NMAC

Comment on proposed 20.7.10.201.T – the language in this proposed subsection is similar to existing 201.M. Changes include:

Addition of the third sentence in 201.T, beginning “A project to construct a new water system . . . ” in order to specify when a system is considered complete.

Addition of paragraph (6) requiring documents that assist staff in determining the sensitivity of the source of contamination.

Comment on proposed 20.7.10.201.U – the Department proposes this new subsection in order to provide for submission of documents in an electronic format and to extend the timeframe for submission from 90 days to 120 days.

New Comment on proposed 20.7.10.201.T – the Department proposes deleting the sentences indicated within 201.T (beginning “The new or modified facility shall not be used to produce . . .”) because the substance of that provision is covered by similar language now proposed in Section 200.A.

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20.7.10.300 COMPLIANCE; EMERGENCY POWERS:A. No public water system shall supply drinking water to the public unless the system is operated and

maintained in compliance with this part.B. Powers of the secretary.

(1) The secretary may take any action necessary to protect the health of persons who are or may be served by a public water system, including but not limited to issuing orders, assessing penalties or commencing a civil action for appropriate relief: (a) if the public water system fails to meet any requirement of this part; (b) upon receiving information that a contaminant, whether or not listed in 40 CFR Part 141, Subparts B and G, is present in or likely to enter the public water system, that the presence of such contaminant may present an imminent and substantial endangerment to the health of persons served by the system, and that appropriate local authorities have not acted to protect the health of such persons; or (c) in response to a civil emergency involving public drinking water; the secretary's response shall be coordinated, when appropriate, with other state emergency response and relief efforts. (2) If the secretary determines that treatment of water is necessary for a public water system to meet the maximum contaminant levels set forth at 40 CFR Part 141, Subparts B and G, such treatment shall be continuously maintained until the public water system can demonstrate to the secretary that such treatment is no longer necessary.[20.7.10.300 NMAC - Rp 20 NMAC 7.1.II.201, 12/04/2002; A, 04/16/2007]

20.7.l0.301 - 20.7.10.399 [RESERVED]

20.7.10.400 GENERAL OPERATING REQUIREMENTS:A. Protection of public water systems during routine maintenance or replacement of electrical or

mechanical equipment. The owner or operator of a public water system shall prevent contamination of the water in the system while undergoing routine maintenance or replacement of electrical or mechanical equipment.

B. Security and protection of a public water system. All devices with lines or openings to the atmosphere without an approved backflow prevention device shall vent above the flood level and be fitted with a fine corrosion-resistant screen (24 mesh or smaller). Any part or component of a public water system including but not limited to spring junction boxes, well houses, storage reservoirs, collection devices, pump facilities, and treatment facilities shall be constructed, operated and maintained to prevent: (1) unauthorized entry to the water supply; (2) flooding of the water supply; and (3) contamination of, the water supply.

20.7.10 NMAC

Comment on proposed revisions to Subsection 400.B –the Department proposes changes to this section in order to protect lines pipes vented to the atmosphere from backflow, flooding and insects. The existing provision to protect all components from flooding, unauthorized entry and other sources of contamination has been reformatted to provide clarity.

Comment on proposed 20.7.10.202 – the Department proposes this section, along with section 401, to clarify the requirements for entities that are water systems due solely to water hauling activities. Under long-standing EPA policy, water haulers that meet the criteria of 15 households served or 25 people served 60 days orof the year are included in the definition of public water systems. (See Ref. #8). However, the current regulations (in this Part 10) do not contain provisions expressly tailored for water haulers, making it difficult for water haulers who are public water systems to determine what requirements are applicable to them. This proposed provision attempts to remedy that situation.

Proposed Subsection 202.A provides that the section applies only to water haulers not owned or operated by a system meeting that definition based on operations other than water hauling. This is intended to ensure that public water systems that are already regulated as such, due to delivery of water through pipes, are not subject to additional requirements in the event they conduct supplemental water hauling. Trucks operated by such systems would be regulated as facilities of the public water system. These facilities would be inspected during a regularly scheduled sanitary survey. Any deficiencies noted would be corrected according to ana corrective action plan developed by the public water system and approved by the Department. The corrective action plan would include a schedule for achieving milestones established by the public water system.

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C. Protection of a public water system well. A ground water supply well serving a public water system shall have a sanitary seal installed at the wellhead to protect against entry of storm water and other non-potable fluids or foreign materials and against access by insects, rodents, birds or other vermin. [Well vents shall be screened with a fine corrosion-resistant screen (24 mesh or smaller).]All vents installed in the well casing shall be protected against entrance of foreign material. Well vents shall be above the flood level. If the well is completed in a subsurface vault, the casing shall extend above the flood level. All cracks, joints or other openings at the wellhead and all penetrations to the casing at or near the ground surface shall be tightly sealed with an impermeable material. The well seal will include a concrete pad with a minimum surface area of four (4) square feet. The pad shall be centered around the well, be at least four (4) inches thick and slope away from the well. When surface casing is used, the surface pad should seal the top of the annular space between the production casing and the surface casing.

D. Finished water storage facilities. A finished water storage facility shall be protected from flooding or infiltration of raw or non-potable water and from entry by birds, insects, rodents or other vermin. Overflow pipes and vents shall be screened with a corrosion-resistant material or be fitted with an acceptable flap valve. Access hatches or openings that are below the maximum operating water level shall be fitted with a watertight cover or appropriate seal or gasket. Roof hatches or other openings above the maximum operating water level shall be fitted with a watertight cover, appropriate seal or gasket, or framed above the surface of the tank at the opening. Framed hatches must be fitted with a solid cover that overlaps the framed opening and extends down around the frame. All framed hatches must restrict the entry of vermin or water.

E. Notice to the department. If the safety precautions or preventive measures required to be employed under this section fail to protect the public water system from unauthorized entry or contamination, or if the water supply is endangered for any reason, the supplier of water shall immediately notify the department and take appropriate action to protect the supply.

F. Disinfection following the completion of a public water system project requiring department approval. Any part or component of a public water system that has undergone construction or modification requiring department approval shall be flushed, disinfected and sampled for the presence of bacterial contaminants upon completion of the project and prior to providing water to the public. Disinfection and sampling shall be conducted in accordance with a plan submitted to and approved by the department pursuant to Paragraph (3) of Subsection [C]B of 20.7.10.201 NMAC.

G. Disinfection following construction, modification or repair not requiring department approval. Any part or component of a public water system that has undergone repair, construction or modification not requiring department approval shall be flushed, disinfected and sampled in accordance with the current editions of the standards for disinfecting water mains, American water works association; standards for disinfection of wells, American water works association; standards for disinfection of water-storage facilities, American water works association; and standards for disinfection of water treatment plants, American water works association.

H. Disinfection of seasonally operated facilities. A public water system that operates on a seasonal basis shall be flushed and disinfected following the non-use period and shall conduct special sampling to demonstrate the absence of bacterial contaminants in the system prior to providing drinking water to the public.

20.7.10 NMAC

Comment on proposed revisions to Subsection 400.C – the Department proposes revisions to this subsection to replace the requirement for a 24 mesh screen on well vents with a more general requirement to protect against entry of foreign material, and to provide minimum requirements for well seal construction. The proposed amendments to this subsection were agreed to in discussions with the NMMEQA prior to the May 7 hearing.

Comment on Subsection 400.D– After discussions with NMMEQA, the Department no longer proposes any changes to this subsection.

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During the public water system's non-use period, the public water system shall be maintained to prevent unauthorized entry to, and contamination of, the water supply.

I. Maintenance and disinfection of storage structures. All materials used to re-coat or repair the interior of water storage structures must be suitable for potable water contact. After the interior of a storage structure has undergone maintenance or re-coating, the storage structure must be flushed and disinfected pursuant to Subsection G of this section.

J. Prohibition of iodine as a disinfectant. No public water system shall use iodine as a disinfectant.K. [Direct and indirect additives. A component, material, treatment chemical or other substance that

may come into contact with drinking water shall be certified by an independent, third-party certifier accredited by ANSI as meeting at a minimum the most recent version of NSF/ANSI standard 60: drinking water treatment chemical-health effects, or NSF/ANSI standard 61: drinking water system components-health effects.]Standards for additives, materials and equipment – Direct additives. Each product added directly to water during production or treatment, including treatment in storage and distribution, shall conform to American national standards institute (ANSI) or national sanitation foundation international (NSF) Standard 60. Products covered by this subsection include but are not limited to: (1) coagulation and flocculation chemicals; (2) chemicals for corrosion and scale control; (3) chemicals for softening, precipitation, sequestering, and pH adjustment; (4) disinfection and oxidation chemicals; (5) chemicals for fluoridation, defluoridation, algae control, and dechlorination; (6) dyes and tracers; (7) antifreezes, antifoamers, regenerants, and separation process scale inhibitors and cleaners; (8) water well drilling and rehabilitation aids; and (9) well pump lubricants and well sealants.

L. Standards for additives, materials and equipment – Indirect Additives. Except as identified in Subsections N and O, a material or product that comes into contact with water or water treatment chemical shall conform to ANSI/NSF Standard 61. Products and materials covered by this subsection include but are not limited to: (1) process media, such as carbon and sand; (2) joining and sealing materials, such as solvents, cements, welding materials, and gaskets; (3) mechanical plumbing devices such as lubricants; (4) pipes and related products, such as pipe and fittings; (5) mechanical devices used in treatment, transmission, or distribution systems such as tanks, valves, chlorinators, and separation membranes; and (6) protective (barrier) materials such as coatings.

M. Standards for additives, materials and equipment – Certification. The appearance on the product or product package of a seal of a certifying entity that is accredited by the ANSI/NSF to provide the certification or inclusion of the product in the NSF product and service listings shall be considered as evidence that a product conforms to the requirement of this section.

20.7.10 NMAC

Comment on proposed revisions to Subsection 400.K – the Department proposes creating separate subsections for direct additives (subject to NSF Standard 60 under new 400.K) and indirect additives (subject to NSF Standard 61 under new 400.L). Both are currently grouped together in existing 200.K. Proposed 200.K(1) –(9) list common products subject to this subsection.

Comment on proposed revisions to Subsection 400.L– the Department proposes creating separate subsections for direct additives (subject to NSF Standard 60 under new 400.K) and indirect additives (subject to NSF Standard 61 under new 400.L). Both are currently grouped together in existing 200.K. Proposed 200.KL(1) –(6) list common products subject to this subsection.

Comment on proposed revisions to Subsection 400.M – the Department proposes adding this subsection to provide that compliance with certification requirements may be demonstrated by product labeling.

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N. Standards for additives, materials and equipment – Alternative Certification. In those instances where chemicals, additives and drinking water system components that come into contact with drinking water are essential to the design, construction or operation of the drinking water systems and have not been certified by the NSF, the operator may utilize the alternatives given in this subsection. (1) A water system owner or operator may submit evidence that chemicals not included in NSF Standard 60 such as EPI-DMA polyamines, anhydrous monosodium phosphate, permanganates other than potassium permanganate and sodium fluorosilicate meets standards consistent with NSF Standard 60. This provision does not apply to any chemical name covered by NSF Standard 60, i.e. acetic acid, bentonite, chlorine, ferric chloride, hydrofluosilicic acid, sulfuric acid, zinc orthophosphate, etc. must be NSF certified.; (2) A water system owner or operator may submit evidence that a component is made entirely of components certified under NSF Standard 61; and (3) A water system owner or operator may submit evidence that a component meets standards consistent with NSF Standard 61.

O. Standards for additives, materials and equipment – Exemptions. The following materials and products are exempt from the requirement to conform to ANSI/NSI Standard 61. (1) a concrete structure, tank or treatment basin that is constructed onsite if the structure, tank, or basin is not normally coated or sealed and the construction materials used in the concrete are consistent with Subsection N; if a coating or sealant is specified by the design engineer, the coating or sealant shall comply with ANSI/NSF Standard 61; (2) an earthen reservoir or canal located upstream of water treatment; and (3) a water treatment plant that is comprised of components that comply with Subsections L and or N.

[L.]P. Cross-connections. Cross-connections to a public water system or within a public water system shall be prohibited, unless the public water system is protected by a method acceptable to the department using either a device listed in the American Society of Sanitary Engineering seal authorization booklet or a device acceptable to the department to prevent the back flow of water.

20.7.10 NMAC

Comment on proposed revisions to Subsection 400.N– the Department proposes this subsection to provide alternatives methods of certifying compliance of system components, chemicals, and additives. Existing regulations provide no such alternatives.

Comment on proposed revisions to Subsection 400.O – the Department proposes this section to provide express exemptions from the requirements of ANSI/NSI Standard 61. Such exemptions are not provided in the current regulations.

Comment on 400.P – the Department proposes language to clarify how the Department will determine whether devices used to protect water systems against cross-connection are acceptable. The American Society of Sanitary Engineering seal authorization booklet is listed in the drinking water regulations at Subsection 102.N the newly added Subsection 104.N as a reference.

New comment on Subsection 400.M – the Department proposes another option for demonstrating compliance with certification requirements. Specifically, the listing of the product in NSF listings or the appearance of a seal of certification on the product.

New comment on Subsection 400.O – the Department proposes replacing “and” with “or” as indicated in paragraph 3, because Subsection N is an alternative means of complying with the requirements of Subsection L. Therefore, to qualify for the exemption under Subsection O, components need only comply with Subsection L or N, not both.

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[M.]Q. Operator certification. Public water systems shall comply with the utility operator certification requirements in the Utility Operator Certification Act, NMSA 1978, 61-33-1 et seq. as amended, and in regulations and program requirements adopted pursuant to the Safe Drinking Water Act.[20.7.10.400 NMAC - Rp 20 NMAC 7.1.II.208, 12/04/2002; A, 04/16/2007; A, xx/xx/2012]

20.7.10.401 GENERAL OPERATING REQUIREMENTS FOR WATER HAULERS THAT ARE NOT OWNED OR OPERATED BY ANOTHER PUBLIC WATER SYSTEM: A. This section applies to each water hauler meeting the definition of a public water system, as defined in 40 CFR Part 141, that is not owned or operated by a system meeting that definition based on operations other than water hauling. B. A water hauler subject to this section shall obtain for delivery disinfected water only from public water systems that are part of the department safe drinking water information system (SDWIS) inventory and do not pose an acute health threat based on violation of a maximum contaminant level or treatment technique. C. A water hauler subject to this section shall: (1) disinfect each tank, before filling the tank for delivery, if it that has not been used for more than eight (8) consecutive days; (2) disinfect each tank after every three (3) months of continuous operation; (3) inspect each truck used to haul water on the same schedule that sanitary surveys are conducted, 3 years for community systems and 5 years for noncommunity systems; ( 4 3) measure and record the disinfectant residual at the same time and place water is obtained from the wholesaler and when the water is delivered to the customer; ( 5 4) maintain a record of the date and time that each water hauling truck is disinfected; ( 6 5) comply with the sampling requirements applicable to consecutive systems in accordance with Subsection E of Section 500 of this part; and ( 76 ) make each vehicle used for water hauling tank available for inspection by the department. At the time of the inspection the tank shall be clean and empty and have a hatch or other opening to facilitate internal inspection. D. A water hauler subject to this section shall use only water tanks with the following features: (1) Hatches or openings must have water tight covers. (2) The tank drain must allow for complete draining of the tank. (3) All hoses and other dispensing units must be equipped with water tight caps.[20.7.10.401 NMAC – N, xx/xx/2012]

20.7.l0.402 - 20.7.10.499 [RESERVED]

20.7.10 NMAC

Comment on proposed 20.7.10.401 – the Department proposes this section, along with Section 202, to clarify the requirements for entities that are water systems due solely to water hauling activities. Under long-standing EPA policy, water haulers that meet the criteria of 15 households served or 25 people served 60 days or the year are included in the definition of public water systems. (See Ref. #8). However, the current regulations (in this Part 10) do not contain provisions expressly tailored for water haulers, making it difficult for water haulers who are public water systems to determine what requirements are applicable to them. This proposed provision attempts to remedy that situation.

New comment on proposed 20.7.10.401 – the Department proposes the following: Additional language in Paragraph C(1) to make it clear that the disinfection is required only if

the tank will be used to deliver water. Deleting (C)(3). Upon further consideration, the Department believes this provision is not

necessary in light of the requirement of (C)(7) (now (C)(6)). Deleting language from from Paragraph C(7) (now (C)(6)). The Department will inspect the

tank under normal operating conditions rather than artificially favorable conditions.

30

20.7.10.500 [SAMPLING]MONITORING REQUIREMENTS:A. Pursuant to NMSA 1978, 74-1-13.1, the department shall test non-transient non-community water

systems for arsenic, fluoride and radionuclides. The reporting and public notification requirements for non-community water systems for these contaminants shall be identical to those for community water systems as set forth in 40 CFR Subpart Q. This section applies when the system has the treatment, storage and distribution (main) capacity required to supply water for human consumption to 15 or more service connections, regardless of whether the service connections are complete.

B. [A supplier of water shall begin routine sampling in accordance with 40 CFR Part 141 within ninety days after commencing operation of a public water system]Each supplier of water shall begin routine sampling in accordance with 40 CFR Part 141 within 90 days after providing water for human consumption.

C. All public water systems shall conduct sampling at the rates set forth in 40 CFR Part 141, Subpart C, except that non-transient non-community systems shall conduct coliform sampling at the same rates as like-sized community water systems in 40 CFR 141.21(a)(2) and consecutive systems (including water haulers) shall sample as required in Subsection E of Section 500 of this part. The department may order a supplier of water, when necessary, to conduct more frequent sampling than is required under 40 CFR Part 141.

D. The department may order a public water system that uses two or more water sources to collect special purpose samples directly from the water sources, in addition to routine samples from sampling points as required under 40 CFR Part 141. E. Consecutive systems shall collect samples for those contaminants for which monitoring is required in the distribution system. This includes measurement of disinfectant residuals and collection of samples for total coliform, lead and copper, and disinfection byproducts.

F. All public water systems must have sampling taps to collect water representative of each applicable facility: source, treatment, storage and entry point. Sample taps shall be: (1) located outside of confined spaces; and (2) labeled with the sampling point number identified in the safe drinking water information system (SDWIS) database; the labels shall be permanent and legible.

20.7.10 NMAC

Comment on proposed revisions to 20.7.10.500.A – this requirement is consistent with the EPA discussion on the topic of intermittent and incremental service connections in Ref. #14.

Comment on proposed revisions to 20.7.10.500.E - federal regulations give states discretion to reduce sampling requirements for consecutive systems. Consecutive systems receive treated water from a wholesaler. Concentrations of most contaminants are not affected by transmission of water from the wholesale water system to the connection that serves the consecutive system. For these contaminants, the federal regulations allow, and the Department accepts, results from the wholesale system as being representative of the water quality in the consecutive system. The proposed provision clarifies the requirement for consecutive systems to sample only those parameters that are measured in the distribution system. Pertinent references are Exh. NMED 6 and Ref. #1 at 40CFR§141.29.

Comment on proposed revisions to 20.7.10.500.F– the Department proposes adding this provision to expressly require public water systems to have sampling taps. The necessity of sampling taps is implicit in that some sampling methods required under the regulations are dependent on the existence of sampling taps. However, the Department believes it would be preferable to expressly require taps so that systems are aware of the requirement.

Comment on proposed revisions to 20.7.10.500.C - federal regulations give states discretion to reduce sampling requirements for consecutive systems. The Department proposes to exercise this discretion. Pertinent references are Exh. NMED 6 and Ref. #1 at 40CFR§141.29.

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G. For systems subject to triggered monitoring under 40 CFR Part 141 ground water rule, at least oneground water source sample from each ground water source in use at the time a total coliform-positive sample was collected must be collected for each total coliform positive sample from the distribution system.[20.7.10.500 NMAC - Rp 20 NMAC 7.1.III.301, 12/04/2002; A, 04/16/2007; A, xx/xx/2012]

20.7.10.501 [RESERVED] [20.7.10.501 NMAC - Rp 20 NMAC 7.1.III.309, 12/04/2002; Repealed, xx/xx/2012]

20.7.10.502 VALIDATION OF ANALYTICAL DATA OR CONDITIONS: The department may take anyaction it deems necessary to validate the results of a sample taken pursuant to this part. Data that the departmentdetermines to be invalid shall not be used to determine compliance with this part.

20.7.10.503 DEPARTMENT MONITORING AND SAMPLING: Nothing in this part shall be construed to preclude the department from taking samples or from using the results from such samples to determine compliance with this Part or in an enforcement proceeding for violation of this part. MONITORING AND SAMPLING: All public water systems are required to have sample taps where samples representative of water quality at the source, treatment, storage and entry point can be collected. Nothing in this part shall be construed to preclude the department from taking samples or from using the results from such samples to determine compliance with this part or in an enforcement proceeding for violation of this part.[20.7.10.503 NMAC - Rp 20 NMAC 7.1.III.312, 12/04/2002]

20.7.10.504 INSPECTIONS, INVESTIGATIONS AND SANITARY SURVEYS:A. The secretary may, upon the presentation of proper credentials and after receiving consent from

the supplier of water, enter at reasonable times upon or through the premises of any public water system to conduct a sanitary survey, inspection or investigation and during such survey, inspection or investigation: (1) have access to and copy, at reasonable times, any records required to be kept pursuant to this part; (2) inspect or review any monitoring equipment or methods required under this part; (3) sample or otherwise test the water supplied by such system; and (4) have access to public water system facilities for visual inspection.

B. If permission to enter a public water system to conduct a sanitary survey, inspection or investigation in accordance with Subsection A of this section is denied, the secretary may apply to a court of competent jurisdiction for an order allowing for such entry.

C. To aid the secretary in conducting sanitary surveys, inspections or investigations pursuant to this part, the supplier of water or his duly authorized representative shall, prior to the commencement of such inspection or investigation, be given the opportunity to accompany the inspector upon or through the premises of the public water system.[20.7.10.504 NMAC - Rp 20 NMAC 7.1.I.108, 12/04/2002; A, xx/xx/2012]

20.7.10.505 REPORTING: In addition to complying with any other the reporting requirements in 40 CFR Part 141, operators of public water systems shall submit the following reports electronically on forms furnished by the department: A. monthly operating reports required of 40 CFR 141 Subpart H systems; B. pressure decay direct integrity testing required of 40 CFR Part 141 Subpart H systems that use membrane filtration.[20.7.10.505 NMAC – N, xx/xx/2012]

20.7.10 NMAC

Comment on 20.7.10.504 – This provision gives water systems advance notice that the Department needs to visually inspect water system facilities during sanitary survey inspections.

New comment on 20.7.10.503 – The original language of this provision describes the Department’s intent. The proposed revision addressed the need for sample taps, which is addressed in Subsection

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20.7.l0.506 - 20.7.10.599 [RESERVED]

20.7.10.600 PUBLIC NOTIFICATION:A. Non-transient non-community water systems that exceed the MCL for arsenic or radionuclides set

forth at 40 CFR sections 141.11, 141.62 and 141.66 or exceed one-half the MCL for fluoride set forth at 40 CFR section 141.62 shall comply with the public notification requirements set forth at 40 CFR Subpart Q.

B. A supplier of water shall notify persons served by the public water system to boil water used for drinking or culinary purposes if routine coliform samples indicate the presence of bacterial contamination which would not otherwise trigger the public notice requirements set forth at 40 CFR Subpart Q but which, in the judgment of the department, poses a threat to public health and safety. If the supplier of water fails to provide notice on its own, or at the direction of the department, the department may directly notify the persons served by the system.

C. If the safety of a water supply is endangered for any reason, the supplier of water shall notify persons served by the public water system of appropriate action to protect themselves against any waterborne hazards. If the supplier of water fails to take such action on its own, or at the direction of the department, the department may directly notify the persons served by the system.[20.7.10.600 NMAC - Rp 20 NMAC 7.1.IV.402, 12/04/2002; A, 04/16/2007]

20.7.l0.601 - 20.7.10.699 [RESERVED]

20.7.10.700 SEVERABILITY: The provisions of this part shall be severable, and if any section, subsection, paragraph, subparagraph, sentence, clause, subclause or item of this part, or the applicability thereof to any person or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, and the application thereof, but shall be confined in its operation to the section, subsection, paragraph, subparagraph, sentence, clause, subclause or item thereof, or to the person or circumstance directly involved in the controversy in which such judgment shall have been rendered.[20.7.10.700 NMAC - Rp 20 NMAC 7.1.XIII.1301, 12/04/2002]

20.7.10.701 SAVING CLAUSE: Repeal of 20 NMAC 7.10 shall not affect any administrative or judicial enforcement action pending on the effective date of this part.[20.7.10.701 NMAC - Rp 20 NMAC 7.1.XIII.1305, 12/04/2002]

20.7.10.702 CONSTRUCTION: This part shall be liberally construed to effectuate the purpose of the state act.[20.7.10.702 NMAC - Rp 20 NMAC 7.1.XIII.1303, 12/04/2002]

20.7.10.703 COMPLIANCE WITH OTHER REGULATIONS: Compliance with this part does not relieve a person from the obligation to comply with other applicable state and federal regulations.[20.7.10.703 NMAC - Rp 20 NMAC .1.XIII.1302, 12/04/2002]

20.7.10.704 EFFECT OF STAY OR INVALIDATION OF INCORPORATED FEDERAL STANDARDS: If any federal standard or regulation incorporated by reference in this part is stayed, invalidated or otherwise rendered unenforceable, in whole or in part, by action of a federal court or USEPA, such incorporated federal standard or regulation shall be enforceable by the department only to the extent it is enforceable by USEPA.[20.7.10.704 NMAC - N, 12/04/2002; A, xx/xx/2012]

HISTORY OF 20.7.10 NMAC:Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:EIB 77-1, Regulations Governing Water Supplies, filed 12-12-77;WSR 1, Regulations Governing Water Supplies, filed 3-11-85;EIB/WSR 1, Regulations Governing Water Supplies, filed 7-16-86;EIB/WSR 2, Regulations Governing Water Supplies, filed 9-12-88;EIB/WSR 3, Water Supply Regulations, filed 4-16-91.

20.7.10 NMAC

Comment on 20.7.10.505 – this provision is added to require electronic reporting. The electronic reporting helps the Department fulfill its reporting requirements. One reporting requirement made by the Department is given in Ref. 2 at 40CFR§142.14(a)(3).

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History of Repealed Material:20 NMAC 7.1, Wastewater and Water Supply Facilities - Drinking Water, 1-1-95.

Other History:EIB/WSR 3, Water Supply Regulations, filed 4-16-91 was renumbered, amended, and replaced by 20 NMAC 7.1, Wastewater And Water Supply Facilities - Drinking Water, filed 12-01-94.20 NMAC 7.1, Wastewater And Water Supply Facilities - Drinking Water, filed 12-01-94, replaced by 20.7.10 NMAC, Wastewater And Water Supply Facilities - Drinking Water, effective 12/04/2002.

20.7.10 NMAC 34