JUN 2 0 1991
                    POSSIBLE REQUIREMENTS  OF THE
                   GROUND-WATER DISINFECTION RULE
      The purpose of this document is to present possible ground-
 water disinfection requirements and to solicit feedback from the
 public.
                                                  l
      The document consists of two sections:  1) Ground-Water
 Disinfection Draft Rule Criteria, and 2}  Rationale for the
 Ground-Water Disinfection Draft Rule Criteria.  The Draft Rule
 Criteria section (sometimes referred to as the Draft Rule
 Criteria document)  specifies a set of possible requirements for
 the_Ground-Water Disinfection Rule (GWDR).  In some cases,
 variations are presented as alternate requirements.  The
 Rationale section describes the purpose and structure of the
 rule,  and provides  a brief explanation of  some of the outstanding
 issues raised in the Draft Rule Criteria  section.

      EPA anticipates adhering to the following schedule in
 developing this  rule:                             i
          Agency  approval  of  intent
          and  scope  of  rule:

          Distribute  draft rule
          to interested public:

          Propose rule:

          Promulgate  rule:
December 1991


         l '
February i.992

June 1993|
         l

June 1995|
     The information contained herein has not undergone formal
Agency review.  It is meant to elicit thoughts and information
from the public to assist EPA in development of the rule.  EPA
solicits comment on all the information and criteria, described
herein.  All comments received by October 15, 1991 will be
considered in the development of the Draft Rule,  iComments
received after November 15, 1991 will be considered in the
development of the Proposed Rule.  Comments should be sent to:

Stig Regli - GWDR
OGWDW (WH-550D)
USEPA
401 M Street, SW
Washington, DC 20460

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                                                    JUN  6 1991
                     GROUND-WATER DISINFECTION
                        DRAFT  RULE CRITERIA
    Background
          The  1986  SDWA amendments mandate EPA  to promulgate
          disinfection requirements  including variance  criteria
          for  all public water supplies.  In June 1989, EPA
          promulgated disinfection requirements for surface
          supplies  and ground water  under the direct influence of
          surface water.  EPA must now propose  and promulgate
          disinfection requirements  for ground water not under
          the  direct influence of surface water to fulfill the
          statutory requirement.                 ,
                                                 i

          A "strawman rule" with regulatory options was presented
          at a public meeting on June 21, 1990.

          Proposal is planned for 1993 and promulgation is
          planned for 1995 (same schedule as Disinfectants and
          Disinfection By-Products Rule).
II.  General Requirements
          Source Water Disinfection Requirements:

          Community and Noncommunity Systems:  A public water
          system using ground water must disinfect the source
          water of each of its wells unless:      !
                                                 I
               (a)  one (or more)  of the system's wells meets
               "natural disinfection" criteria,  in which case,
               the system is  not  required to  disinfect that well
               or                                               '
               (b)  the  system qualifies  for  a variance  under
               Section  1415  (a)(l)(B)  of  the SDWA,  in which  case,
               source water  disinfection  for the  pertinent well
               is not required.

          Both  of these  conditions  are intended to  reflect those
          situations where source water is not vulnerable to
          viral contamination.

          Distribution System Disinfection Requirements:

          Community^Systems:   Each  system must disinfect the
          distribution system continuously and maintain a
          detectable disinfectant residual or  an  HPC
          concentration of <500/ral  in  the water within the
          distribution system unless the State determines that
          the distribution system is not vulnerable to external
          contamination or significant bacterial  growth.

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                     _ p —

Noncommunitv Systems:  Each system is not required to
disinfect its distribution system unless the State
determines that the distribution system is vulnerable
to external contamination or significant bacterial
growth.

 [Alternate:                                     .
 Community Systems, and Noncommunity  Systems Having at
 Least 15 Service Connections:  Each  system must
 disinfect the distribution system continuously and
 maintain a detectable disinfectant residual or an HPC
 concentration of <500/ml in  the  water within  the
 distribution system  unless the State determines that
 the distribution system is not vulnerable  to  external
 contamination or significant bacterial  growth.

 Noncommunitv Systems Having  Fewer 'Than  15  Service
 Connections:  Each system is not required  to  disinfect.
 its distribution system unless  the  State determines
 that  the distribution  system is  vulnerable to external;
 contamination or significant bacterial  growth.]

 Qualified Operators:

 All systems required to disinfect their source water
 must  be operated by  qualified  operators as determined
 by the  State.

 [Alternate:   Require all  systems,  regardless of whether
 they disinfect, to be operated by qualified operators
 as determined by the State.]

 Treatment  technique  requirements are established  in
 lieu  of MCLs  for  viruses,  heterotrophic plate count
 bacteria  (HPC), and Legionella.   [The issue of whether
 to include coverage for Legionella in this rule is
 unresolved.]
 Maximum Contaminant Level Goals:

 Contaminant
 Viruses
 HPC
 Legionella  [if included]
MCLG
0
none
0

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                               — *2 —
III.  "Natural Disinfection" Criteria and Associated
     Conditions to Be Met to Avoid Source Water Disinfection

     A)   Natural Disinfection Criteria

          A well can qualify as having "natural disinfection" if
          the Primacy Agency determines that at least one of the
          following criteria are met (in addition to all
          conditions under "B" below).   The system
          report to the State that will assist thg State in
          making this determination (see Reporting Regu-i r^moni-c^
          EPA will provide guidance for making thes.*
          determinations .
          -- _ -                        I

     *     The nearest potential  source of fecal contamination
          must be  at least "a" meters  from the well (surface
          water must be considered as  a potential contaminant
          source),  and flow through caves,  large fractures,  or
          other similar features  does  not occur.  '

     *     The travel time  of  a ground-water particle (not
          considering the  effects  of retardation, I dispersion or
          diffusion)  taking the most direct path must  be at  least
          x"  days  from the nearest potential  source of  fecal
          contamination to  the receptor well.

     *     The  travel  time of  a microbial  pathogen  (including the
          effects of  retardation,  dispersion,  and! diffusion)
          taking the  most direct path  must  be  at  least "y" days
          from  the  nearest  potential source  of  fecal
          contamination  to  the receptor well.

     *     A hydrogeologic feature  such  as a  thick  confining  layer
          or  a  thick unsaturated zone  controls  potential
          contaminant  flow  to the  well, and  the  integrity of  the
          feature is  little affected by anthropogenic activities.

    B)   Associated Conditions
                                                 j
         In addition to meeting one criterion  above r all of  the
         following conditions must be met for  a well to qualify
         as having "natural disinfection";               -

    *    The well must not have  been identified as a source of  a
         waterborne disease outbreak,  or if so identified,
         either the well must have been modified to prevent
         another such occurrence as determined by the  State, or
         source water contamination must have been ruled out as
         a cause of the outbreak.                 i
         The well must meet State-approved well
         codes.
construction

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                               -4-

          The system must not have violated the Total Coliforms
          Rule unless:

               (a)   the State determines the violation is not due
               to negligence, and

               (b)   the cause of the violation has been
               identified and alleviated.
IV.  Disinfection Requirements

     Source Water Disinfection Requirements

          If source water disinfection is required;

     *    Disinfection treatment  (or other process approved by
          the State) of each well in the system must achieve at
          least "x"% inactivation and/or removal of viruses.
          Each well must meet design and operating conditions
          specified by the State to ensure that this level of
          inactivation is achieved.  EPA will provide guidance to
          States for specifying design and operating conditions
          for each well.  Applications of the CT concept will be
          promoted.   [Level  of inactivation—unresolved.  Our
          intention is  to base the  level of  inactivation on virus
          survey data and risk analysis of contaminated supplies.
          Level will be set  to ensure high probabilities that
          most systems  will  not  exceed an acceptable risk level
          from drinking water consumption  (e.g.,  <1 infection per
          10,000 people per  year).]

           [Alternate:   Allow the State  to set  the  levels of
          inactivation  and/or removal of viruses by disinfection
           treatment (or other process approved by  the  State)  on  a
           case-by-case  basis.]

      *   Systems  not disinfecting  their well(s) with  ultraviolet
          light must, for  each well, maintain  a disinfectant
          residual concentration of at  least 0.2 mg/1  in the
          water  entering  the distribution  system.  .Systems  with
          wells  serving greater  than 3,300 people  must
           demonstrate this by continuous monitoring at those
          wells.   If  there  is a  failure  in  the continuous
          monitoring,  the  system may substitute grab  sample
           monitoring  every four  hours  for  up to five  days.
           Systems  with  wells serving 3,300  people  or  less  may
           take  grab samples  in lieu of  providing  continuous
           monitoring  at those wells on  an  ongoing basis at the
           frequency of  one sample per day  per well.   If a  system
           uses  grab sampling in lieu of continuous monitoring,
           any time the  residual falls below 0.2 mg/1,  the  system

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                           — 5 —
                •
      must conduct grab sample monitoring every four hours
      until the residual is restored.  If the disinfectant
      residual falls below 0.2 mg/1 for more than four hours
      at any well, the system must notify the State as soon
      as possible but no later than the end of the next
      business day.

 *    Systems disinfecting with ultraviolet light must use a
      sensor and recorder at each well to indicate that the
      dosage is not less than "y" mW-sec/cm2 for more than
      four hours.   If there is a failure in the monitoring
      equipment,  the system must stop the delivery of water
      from the well(s)  to the distribution system until the
      monitoring equipment is again operative.   Any time the
      ultraviolet  dosage is less than "y" mW-sec/cm2 for more
      than four hours at a well,  the system must notify the
      State as soon as  possible but no later .than the end of
      the  next business day.

Distribution  System Disinfection Requirements

      Community Systems
                                            I
*     Unless the State  determines that the  distribution
      system is not  vulnerable  to external  contamination  or
      significant  bacterial growth,  disinfection of the
      distribution  system must  be continuous, and
      disinfectant  residuals in  the  distribution system
      cannot be undetectable  [definition  of detectable
      residual  to  be determined]  or  HPC levels cannot be
      greater  than  500/ml in more  than five percent of  the
      samples  each month for any  two consecutive months
      Samples must be taken at least at the same time and at
      the same points in the distribution system as for total
      coliforms under the Total Coliforms Rule.

     Noncommunity Systems                   j
                            '
*    Unless the State determines that the disstribution
     system is vulnerable to significant bacterial growth or
     external contamination,  noncommunity systems are not
     required to disinfect their distribution 'systems.   If
     the State determines that the distribution system is
     vulnerable to such contamination, then the disinfection
     requirements  for the distribution system  are the same
     as for community systems.

      [Alternate:
     Community Systems, and Noncommunitv System* rrxvir,~ at
     Least 15 Service Connections           \	

*     Unless the State determines that the distribution

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                               -e-       ,                   ;

          system  is  not  vulnerable  to external  contamination  or
          significant  bacterial growth,  'disinfection of the
          distribution system must  be continuous,  and
          disinfectant residuals in the  distribution system
          cannot  be  undetectable [definition of detectable
          residual to  be determined] or  HPC levels cannot be
          greater than 500/ml in more than five percent of the
          samples each month for any two consecutive months.
          Samples must be taken at  least at the same time and at
          the same points in the distribution system as for total
          coliforms  under the Total Coliforms Rule.

          Noncommunitv Systems Having Fewer Than 15 Service
          Connections

          Unless the State determines that the distribution
          system is vulnerable to significant bacterial growth or
          external contamination, these systems are not required
          to disinfect their distribution systems.  If the .State
          determines that the distribution system is vulnerable
          to such contamination, then the disinfection
          requirements for the distribution system are the same
          as for community systems, and noncommunity systems
          having at least 15 service connections.]
V.  Analytical Requirements
          Testing and sampling must be conducted in accordance    :
          with Standard Methods, 17th edition, or methods
          approved by EPA, for HPC and residual disinfectant
          concentration.  Residuals of free chlorine and combined
          chlorine may also be measured by using DPD colorimetric
          test kits if approved by the State.  Ozone residuals
          may also be measured using .automated methods calibrated
          in reference to the results obtained by the standard
          method if approved by the State.  Methods for measuring ,
          UV dosage must be approved by the State  (EPA will
          provide guidelines for UV measurement).   [Guidance  for .
          UV methods being  developed.]

          Measurements for  residual disinfectant concentration
          and UV dosage must be conducted by  a party approved by
          the State.  Measurements for HPC must be  conducted  by  a
          laboratory certified by  the  State or EPA  to do  such
          analysis.   (Until laboratory certification criteria are
          developed for  the analysis  of HPC,  any laboratory
          certified by EPA  for  total  coliforms analysis  is deemed
          certified for  HPC.)

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                                -7-
 VI.  Reporting Requirements
           All parameters required in the rule must be reported
           monthly to the State.                  '

           Systems meeting criteria for variances or "natural
           disinfection" must notify the State when any of the
           criteria or associated conditions are no longer being
           met.

           Within 18 months after promulgation of the rule, all
           systems seeking avoidance of source water disinfection
           must submit a report to the State that specifies the
           process and criteria by which the system proposes to
           avoid source water disinfection.   The report must:

                (a)   propose that the system qualifies  for either
                 natural disinfection" or a  variance,  and

                (b)   include site-specific information  that
                supports the proposal  in (a).   [Which parameters
                would be required to be reported for each of the
                four "natural disinfection"  criteria is under
                development.]

           The  report  will  be used by  the  State,  along  with any
           additional  data  provided by the system,jto evaluate
           whether the  system meets  "natural disinfection"  or
           variance  criteria.   Other available  information  about
           the  site, region,  and/or aquifer may be'used by  the
           State in making  the determination.   [The* specific
           methods utilized by the State and  the  data required  to
           make these  determinations is  under development.]
VII.  Compliance
          All community systems must meet monitoring and
          performance requirements within 18 months and 36
          months, respectively, after promulgation of the rule.
          All noncommunity systems must meet monitoring and
          performance requirements within 36 months' and 72
          months, respectively, after promulgation of the rule
VIII.  Variances
          Variances from source water disinfection requirements
          are allowed for each well.  A well that does not
          qualify for "natural disinfection" may still qualify
          for a variance.  The system must submit a report to the
          State that will assist the State in making this

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                     -8-

determination (see Reporting Requirements).   The site-
specific information and analysis required for a
variance are more rigorous than that required to
qualify for "natural disinfection."

The State must provide notice and opportunity for
public hearing on each proposed variance.  A notice and
public hearing may cover the granting of more than one
variance at a time.

Variance criteria to be met to avoid source water
disinfection:

     A sanitary survey that includes a more specific
     analysis of site hydrogeology than  is required to
     meet the "natural disinfection" criteria is  ;
     conducted  (guidance to be developed) and the
     results indicate that the source water of the well
     is not vulnerable to fecal  contamination.
      [Frequency of sanitary survey—unresolved.   The
     June 21, 1990 "strawman"  variance  criteria
     specified  a sanitary survey frequency  of every
     five years, which  was consistent with  the
     frequency  of  sanitary surveys required under the
     Total  Coliforms Rule for  ground-water  systems
     collecting fewer than five  samples per month.  EPA
     is  considering amending  the Total  Coliforms Rule
      to  require a  sanitary survey frequency that is
      consistent with the 3-6-9 cycle  of the
      Standardized  Monitoring  Framework.  EPA intends  to
     require a  sanitary survey frequency that would be
      consistent with the Total Coliforms Rule.]

     The well must not  have been identified as  a source
      of  a waterborne disease  outbreak,  or if so
      identified,  either the well must have  been
     modified  to  prevent another such  occurrence as
      determined by the  State,  or source water
      contamination must have  been ruled out as  a cause
      of  the outbreak.

      The well  must meet State-approved well
      construction codes.

      The system must not have violated the Total
      Coliforms Rule unless:

           (a)   the State determines the violation is
           not due to negligence, and

           (b)   the cause of the violation has been
           identified and alleviated.

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                               	Q _
IX.  Exemptions

     *
Exemptions are allowed provided the following criteria
ave> meif- •
          are met:
               System is unable to comply with the rule due to
               compelling factors (which may include economic
               factors).
                                                i
               System is in operation on the effective date of
               the rule, or if not,  no alternative source of
               drinking water is available.
               Granting of the exemption will not result in an
               unreasonable risk to health.     '

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SOURCE WATER DISINFECTION
         REQUIREMENTS
"Natural disinfection"
criteria met?
1
Yes
No

Variance criteria
met?

I
Yes
INU
'
     Disinfection not
       required
   Disinfection required:

-minimum inactivation level

- disinfectant residual > 0.2
 mg/l or UV dosage at POE

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DISTRIBUTION SYSTEM DISINFECTION
             REQUIREMENTS
   Community
   Systems
 State determined
   distribution
   system not
   vulnerable?
  Yes
No
         Detectable
         disinfectant
       residual or HPC <
          500/ml
Ft
                   Disinfection not
                     required
Yes
                       Noncommunity
                         Systems
State determined
  distribution
   system
  vulnerable?
                                        No

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                         Rationale  for the
          Ground-Water  Disinfection Draft Rule  Criteria
 Introduction and Purpose;  The purpose of the Draft Rule Criteria
 is to present EPA's current thinking on possible ground-water
 disinfection requirements and to solicit feedback from the
 public.   The Draft Rule Criteria document is a brief description
 of the evolving criteria under consideration for publication in
 the Federal Register in June 1993 as the proposed Ground-Water
 Disinfection Rule (GWDR).

      In  developing the Draft Rule Criteria,  EPA considered public
 comments on draft regulatory options presented to the public in
 mid-1990 (the "strawman"  rule).   Since EPA continues to gather
 information and solicit public comments for  use in development of
 the GWDR,  the criteria may significantly change t;y the time the
 rule is  proposed.                                 i


 Format;   Outstanding issues considered unresolved at this  time
 have been highlighted with italics  and brackets in the Draft Rule
 Criteria document.   Several of  the  problematic issues are  briefly
 explained in this  Rationale.                      i


 Purpose  of  the  GWDR:   The purpose of the disinfection
 requirements will  be  to:                 .         I

 (1)   Fulfill the  Safe Drinking Water Act (SDWA)  requirement that
 EPA promulgate  disinfection requirements for  all public  water
 systems,  and
                                                  l

 (2)   Correct deficiencies  in water  treatment  by ptiblic water
 systems  using ground  water  not under the direct influence  of
 surface  water believed  to be responsible for  waterborne  disease
 outbreaks and waterborne  endemic  disease.  Three microorganisms
 required to  be  regulated  under the  SDWA  would be controlled:
 viruses, heterotrophic  plate count  bacteria  (HPC)> and Legionella
 (if  it is shown to occur  in the ground waters subject  to this
 rule).   Potential deficiencies in water  treatment  include  no
 disinfection treatment  when a system is  vulnerable to
 contamination,  inadequate disinfection,  interrupted disinfection
 and  distribution system defects.                  ;               '

     EPA promulgated  disinfection requirements  for public  water
 systems  using surface water or ground water under  the  direct
 influence of  surface water  on June  19, 1989.  Those requirements
 are  sometimes referred  to as the Surface Water Treatment Rule
 (SWTR).  The GWDR will  apply to public water  systems using ground
water not under the direct  influence of  surface water  and will
 complete the statutory  requirements  that all  public water  systems
be required  to disinfect.

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                               -2-                         ;


     Each component of the disinfection requirements presented is
meant to correspond to a possible treatment deficiency within a
public water system.  As explained below under "Structure of the
Rule," unless certain conditions are met, many systems using
ground water will be required to apply disinfection treatment if
they have not done so already.  The minimum level of disinfection
(not yet determined) is to ensure adequate inactivation of iany
viruses or bacteria in the source waters of systems considered
vulnerable to such contamination.  The requirement to maintain
either a certain amount of disinfectant residual or a certain
ultraviolet  (UV) dosage at the entry point to the distribution
system is to ensure continuity of disinfection (i.e., prevent
interruptions of disinfection treatment) for the water entering
the distribution system.  The requirement to maintain a
detectable disinfectant residual or a certain level of HPC in the
distribution system is to ensure continuity of disinfection
throughout the distribution system, high probability that there
are no failures in the distribution system, and to minimize
bacterial growth.


Structure of the Rule:  The disinfection requirements are divided
into source water requirements and distribution system
requirements and are independent of one another.  The main reason
for this rule structure is to allow the requirements for
disinfection to be more accurately matched to the need for
disinfection.  This rule structure should also prevent a
significant number of systems from unnecessarily going through
the variance process.  For example, a system vulnerable to-source
water contamination but not vulnerable  to distribution system
contamination could avoid distribution  system requirements based
on State discretion rather than  the variance process.

      States  consider  the formal  process  of granting variances
burdensome  and would  prefer use  of different terminology,  i.e.,
"criteria for avoiding disinfection," to circumvent  this  process;
however, the definition of "variance" criteria for  disinfection
is a  statutory  requirement.   The rule structure presented^in the
Draft Rule  Criteria document  is  meant to lessen the  State's
burden,  as  it would allow  certain  classes of systems  to avoid
disinfection without  going through the  variance process.

      Variances  would  be allowed  only  from source water
disinfection.   This is  consistent  with  the  SDWA requirements
 (Section 1415  (a)(1)(B))  that treatment technique  variances  can
be based on "the  nature of the  raw water source"  of the system.

      Obtaining  a  variance  would be one  of  two  ways  a system  could
avoid source water disinfection.  The other  possibility would be
meeting "natural  disinfection"  criteria and  associated
conditions.                                                '.

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                                -3-
      Avoidance of distribution system disinfection requirements
 would also be possible.  The Draft Rule Criteria document
 presents two possible distribution system requirements:

 (1)  All community systems would have to disinfect unless the
 State determined that the distribution system is :not vulnerable
 to external contamination or significant bacterial growth.  The
 reverse would be true for noncommunity systems:   inoncommunity
 systems would not have to disinfect unless the State found the
 distribution system to be vulnerable to such contamination.

 The alternate requirement specifies 15 service connections in
 noncommunity systems as the criterion for dividing systems into
 two categories:
                  ?                                I
 (2)   Community systems,  and noncommunity systems having at least
 15 service connections,  would have to disinfect  unless  the State
 determined the distribution system is not vulnerable to external
 contamination or significant bacterial growth.   Noncommunity
 systems,with fewer  than 15 service connections would not be
 required to disinfect unless the  State found the distribution
 system  to be vulnerable  to such  contamination.    !

 EPA believes that most noncommunity distribution systems are very
 small and are unlikely to be determined vulnerable  to external
 contamination or significant bacterial growth.   Structuring  the
 State decision making differently for noncommunity  systems versus
 community systems would  minimize  transactional costs  to States
 while also  ensuring  adequate protection in the distribution
 system.   The alternate requirement would be  more protective  of
 the  larger  noncommunity  systems.
"Natural Disinfection" Criteria;  The specific aquifer and well
characteristics that would allow a system to avoid source water
disinfection without applying for a variance have not yet been
fully developed.  The criteria given in the Draft Rule Criteria
document are preliminary and may change significantly in the
process of rule development.

     The rationale for introducing another method of estimating
vulnerability  (i.e., "natural disinfection" criteria) separate
from variance criteria is to minimize transactional costs to
States that must make decisions on whether systems can avoid
disinfection.

     One assumption underlying these criteria is that a system
determined to be not vulnerable to enteric virus contamination in
the source water will also be not vulnerable to enteric bacterial
contamination.   Survivability of enteric bacteria tends to be low
as a result of  sensitivity to environmental stress,  and bacterial

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                               -4-


transport through most aquifers is much more restricted than for
enteric viruses.

     Another assumption underlying these criteria is that the
more a system knows about its configuration and proximity to
potential contaminant sources, the more deserving the system is
of meeting the criteria.

     Many ground-water systems will have aquifer characteristics
that clearly indicate the systems are not vulnerable to virus
contamination at the wellhead.  Examples include systems located
far from contaminant sources, situations where travel times are
long for water or viruses between the nearest contamination
site(s) and the wellhead, and systems located in confined
aquifers or in aquifers having thick overlying unsaturated zones.
Other ground-water systems will have aquifer characteristics that
less clearly indicate whether the systems are vulnerable to virus
contamination.  These systems will either apply for a variance or
disinfect their source water.

     The intent of introducing "natural disinfection" criteria is
to establish conditions, which if met, would presume that the
wellhead is not vulnerable to virus contamination.  The proposed
conceptual "natural disinfection" criteria  (numerical boundaries
are now being developed) allow several different methods for
establishing nonvulnerability.  The choice  of method would depend
upon the information available to the State.

     The determination based on distance from contaminant source
to well would be the most conservative choice due to the high
uncertainty in  the information on which the vulnerability
judgment would  be made.  The determination  of nonvulnerability
based  on travel time of water between the closest contamination
site(s) and the wellhead would require more specific information
 (which should be readily available  to most  systems  and/or
States), represent a more accurate  analysis, and therefore would
be less conservative.  The determination of nonvulnerability
based  on viral  travel  time would  require still more specific
information  (which should be  available to many systems  and/or
States) than  that based  on water  travel time, represent a still
more  accurate analysis,  and  therefore would be even less
conservative.   EPA will  recommend in guidance how these
nonvulnerability determinations  could be made.

      If the  system could not qualify by meeting  any of  the
 "natural disinfection"  criteria,  the system could still apply  for
a variance.   But this  would  involve providing very  site-specif.ic
information  to  the State to  demonstrate  that  it  is  not  vulnerable
to virus contamination.  For example,  a  comprehensive  sanitary
 survey that  includes  an analysis  of the  hydrogeological
characteristics would  be required.  This might  include  monitoring

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                               -5-
of indicators for viruses such as coliphage or use of more
sophisticated ground-water models than those generally provided
by EPA.

     Guidance for determining compliance with both "natural
disinfection" criteria and variance criteria is now being
developed by EPA and will be made available for public comment.


Variance Criteria:  Since variances would apply only to source
water disinfection, the variance criteria presented in the Draft
Rule Criteria document relate only to source water
vulnerabilities to contamination.  Criteria that' States might use
to assess vulnerability of distribution systems iwould be placed
in guidance, e.g., a cross-connection control program, and system
design that would ensure a high probability that positive
pressure is maintained throughout the distribution system.

                                                I
Inclusion of Legionella:  EPA is in the process of gathering
information on the occurrence of Legionella in ground waters.
Since it has not yet been clearly established that this organism
occurs in ground water not under the direct influence of surface
water, it may not be necessary to include covera-.ge for this
organism in the rule.                           '


Level of Inactivation:  The appropriate level of inactivation, to
be specified either in the rule or in guidance, 'has not yet been
determined.  The Draft Rule Criteria document presents two
possible requirements to reflect those possibilities:   (1)
meeting a specific level of "x"% inactivation and/or removal of
viruses as determined by the State;  or,  (2) the State would
'determine what level would be adequate to ensures protection
against viral contamination.  Whether or not specific
requirements such as the level of inactivation sire given in the
rule has a direct bearing on enforceability of the requirements.
Any criteria left to State discretion would not [be federally
enforceable, but enforceable only by the State. ' If EPA decides
to allow State discretion on this requirement, it will be because
of  (1) a belief by EPA that dramatic risks to waiter systems will
not be an effect of State discretion and  (2) a concern that many
systems might otherwise be required to excessively disinfect.
The results of the virus survey now under way will influence
which option is selected.                       '


Continuity of Disinfection:  Requirements to maintain  a 0.2 mg/1
disinfectant residual or an ultraviolet  (UV) dossage of  "y" mW-
sec/cm2 at the entry point to the distribution system would be
very similar to requirements in the SWTR.  EPA believes that

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 specifying the monitoring and enforceable criteria in the  rule  as
 opposed to leaving this to State discretion has  several
 advantages:   transactional and administrative  costs to States
 would be minimized,  and federally enforceable, uniform criteria
 for  all systems considered vulnerable to  contamination could be
 applied.


 Detectable Residual  in the Distribution System:   EPA will
 probably propose the maintenance of  a detectable disinfectant
 residual in the distribution  system,  as opposed  to a certain :
 concentration of disinfectant residual, for the  same reasons
 behind the SWTR distribution  system  requirements:   (1)  the
 absence of a distribution system residual in the distribution
 system,  rather than  the presence of  a residual below some
 specific level,  can  serve as  an indicator of potential
 contamination at a site;   (2)  the relationship between a specific
 concentration of disinfectant in the  distribution system and the
 consequent level of  protection provided is not well defined at
 this  time;   and (3)  requiring systems to  meet a  specific residual
 (e.g.,  at least 0.2  mg/1)  throughout  the  distribution system
 might result in systems having to augment their  disinfection
 practices unnecessarily and,  at the  same  time, increase the
 amount of disinfection by-products.

      EPA recognizes  that  the  absence  of a disinfectant residual
 at a  distribution system  site does not  necessarily indicate
 microbiological  contamination;   such  contaminants  simply may not
 be present,  even in  the absence of a  disinfectant  residual.  In
 other words,  if  microbial  populations are low, the lack of a
 disinfectant residual  is  not  a concern.   Therefore,  sites with
 HPC populations  of 500/ml  or  less would be considered equivalent
 to sites  with detectable  disinfectant residuals  for purposes of
 determining  compliance.

      A definition of  "detectable" disinfectant residual would be
 placed either in the rule  or  in guidance  since the  term could be
 interpreted  in many  different ways.   For  the SWTR,  it was defined
 to mean  concentrations  £  the  detection limits for  each analytical
method in Standard Methods. 16th Edition.   A definition of
 "detectable"  residual  needs to  take into  account the  problem of
matrix interference  (i.e., it should  be applicable  under field
 conditions)  and  the  skill  level  of operators at water treatment
plants  conducting  the  analysis.
New Technologies:  In response to public comments, allowance is
made for emerging technologies such as UV disinfection and
membrane processes in the source water disinfection requirements.

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                               -7- .
Analytical Methods:  Analytical methods for measuring UV dosage
at the entry point to the distribution system have not yet been
developed.  No UV methods are given in Standard Methods,  17th
Edition.
Compliance:  Considering the deadlines for determination of
whether ground water is under the direct influence of surface
water for community systems (June 29, 1994) and noncommunity
systems (June 29, 1999) and the estimated date of rule
promulgation (June 1995),  EPA believes the proposed compliance
dates for community and noncommunity systems in this rule are
reasonable.

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