Department of public Health and Environment
Water Quality Control Commission
Colorado Primary Drinking Water Regulations
5 CCR 1003-1
Article 1	General Requirements
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1.5.2	Definitions
As used in the Colorado Primary Drinking Water Regulations:
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(18)	Compliance Monitoring as referenced in Article 13 is required by all groundwater systems (GWSs) that provide at least 4-log treatment of viruses using chemical disinfection, membrane filtration, or a State-approved alternate treatment technology.  Disinfectant residual and total coliform monitoring is required to demonstrate treatment effectiveness.
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(141)	Triggered Source Water Monitoring means the monitoring requirements for a groundwater system (GWS) when a distribution system total coliform sample tests positive.
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1.6	Common Provisions
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1.6.4	Reporting Requirements
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(e)	In addition to the requirements of section 1.6.4(a) – (d), groundwater systems regulated under Article 13 must provide the following information to the Department:
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(3)	If a groundwater system subject to the requirements of section 13.3(a) does not conduct source water monitoring under section 13.3(a)(5)(ii), the system must provide documentation to the Department within 30 days of the total coliform positive sample that it met the Department’s criteria for distribution system conditions that will cause total coliform-positive samples.
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Article 7	Filtration, Disinfection, and Disinfection Byproducts
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7.4.17	Additional Filtration Toolbox Components
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(b)	Membrane filtration. 
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 (2)	Challenge Testing.  The membrane used by the system must undergo challenge testing to evaluate removal efficiency, and the system must report the results of challenge testing to the Department.  Challenge testing must be conducted according to the criteria in paragraphs (b)(2)(i) through (vii) of this section.  Systems may use data from challenge testing conducted prior to January 5, 2006 if the prior testing was consistent with the criteria in paragraphs (b)(2)(i) through (vii) of this section.
(i)	Challenge testing must be conducted on either a full-scale membrane module, identical in material and construction to the membrane modules used in the system's treatment facility, or a smaller-scale membrane module, identical in material and similar in construction to the full-scale module.  A module is defined as the smallest component of a membrane unit in which a specific membrane surface area is housed in a device with a filtrate outlet structure.
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7.7.2	Standard monitoring
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(c)	IDSE report.  Your IDSE report must include the elements required in paragraphs (c)(1) through (c)(3) of this section.  You must submit your IDSE report to the Department according to the schedule in Section 7.7.1(c).
(1)	Your IDSE report must include all TTHM and HAA5 analytical results from Section 7.6 compliance monitoring and all standard monitoring conducted during the period of the IDSE as individual analytical results and LRAAs presented in a tabular or spreadsheet format acceptable to the Department.  If changed from your standard monitoring plan submitted under paragraph (a) of this section, your report must also include a schematic of your distribution system, the population served, and system type (Surface Water and GWUDI or ground water).
(2)	Your IDSE report must include an explanation of any deviations from your approved standard monitoring plan.
(3)	You must recommend and justify section 7.8 compliance monitoring locations and timing based on the protocol in Section 7.7.6.
(4)	You must retain a complete copy of your IDSE report submitted under this section for 10 years after the date that you submitted your report.  If the Department modifies the Section 7.8 monitoring requirements that you recommended in your IDSE report or if the Department approves alternative monitoring locations, you must keep a copy of the Department’s notification on file for 10 years after the date of the Department’s notification.  You must make the IDSE  report and any Department notification available for review by the Department or the public.
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Article 9	Consumer Notification
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9.2.11	Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification.
(a)	When is the special notice for repeated failure to monitor to be given?  The owner or operator of a community or non-community water system that is required to monitor source water under section 7.4.2 must notify persons served by the water system that monitoring has not been completed as specified no later than 30 days after the system has failed to collect any 3 months of monitoring as specified in section 7.4.2(c).  The notice must be repeated as specified in section 9.2.3.
(b)	When is the special notice for failure to determine bin classification to be given?  The owner or operator of a community or non-community water system that is required to determine a bin classification under section 7.4.9 must notify persons served by the water system that the determination has not been made as required no later than 30 days after the system has failed report the determination as specified in section 7.4.9(e).  The notice must be repeated as specified in section 9.2.3.  The notice is not required if the system is complying with a Department-approved schedule to address the violation.
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Table 9-7	Table of CPDWR Violations and Other Situations Requiring Public Notice 1
Contaminant	MCL/MRDL/TT violations 2	Monitoring & testing procedure violations	
	Tier of public notice required	Citation	Tier of public notice required	Citation	
I.  Violations of Colorado Primary Drinking Water Regulations (CPDWR): 3	
A.  Microbiological Contaminants	
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10. LT2 ESWTR Violations	2	7.4	2, 3 22	7.4	
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H. Other Treatment Techniques	
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IV. Other Situations Requiring Public Notification:	
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E.	Other waterborne emergency 20	1	N/A	N/A	N/A	
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Endnotes to Table 9-7 - Table of CPDWR Violations and Other Situations Requiring Public Notice
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18	This citation refers to §§1415 and 1416 of the Safe Drinking Water Act.  §§1415 and 1416 require that “a schedule prescribed. . . for a public water system granted a variance [or exemption] shall require compliance by the system. . .”
19	In addition to §§1415 and 1416 of the Safe Drinking Water Act, Section 4.3 specifies the items and schedule milestones that must be included in a variance for small systems.
20	Other waterborne emergencies require a Tier 1 public notice under section 9.2.2(a) for situations that do not meet the definition of a waterborne disease outbreak given in section 1.5.2, but that still have the potential to have serious adverse effects on health as a result of short-term exposure.  These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water supply or distribution system, chemical spills, or unexpected loading of possible pathogens into the source water.
21	The Department may place other situations in any tier believed appropriate, based on threat to public health.
22	Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in section 9.2.11.  All other monitoring and testing procedure violations are Tier 3.
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Article 10	Analytical Requirements and Laboratory Certification
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10.1.3	Escherichia coli Testing Requirements
(a)	Public water systems must conduct analysis of Escherichia coli in accordance with one of the following analytical methods: 
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(b)	As an option to section 10.1.3(a)(3), a system with a total coliform-positive, MUG-negative, MMO-MUG test may further analyze the culture for the presence of E. coli by transferring a 0.1 ml, 28-hour MMO-MUG culture to EC Medium + MUG with a pipet.  The formulation and incubation conditions of EC Medium + MUG, and observation of the results are described in section 10.1.3(a)(1).
(c)	E. coli in Source Water.  Systems must use methods for enumeration of E. coli in source water approved in 40 CFR 136.3 (a).
(1)	The time from sample collection to initiation of analysis may not exceed 30 hours.
(2)	Systems must maintain samples between 0°C and 10°C during storage and transit to the laboratory.
(d)	The Department may approve on a case by-case basis the holding of an E. coli sample for up to 48 hours between sample collection and initiation of analysis if the Department determines that analyzing an E. coli sample within 30 hours is not feasible.  E. coli samples held between 30 to 48 hours must be analyzed by the Colilert reagent version of Standard Method 9223B as listed in 40 CFR 136.3 (a).
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10.7.4	Additional Analytical Methods
Systems required to analyze parameters not included in Tables 10-22 and 10-23 must use the following methods.  A party approved by the Department must measure these parameters.
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(c)	Total Organic Carbon (TOC).  The following analytical methods shall be used for measuring TOC.  Standard Method 5310 B or 5310 B–00 (High-Temperature Combustion Method) or Standard Method 5310 C or 5310 C–00 (Persulfate-Ultraviolet or Heated-Persulfate Oxidation Method) or Standard Method 5310 D or 5310 D–00 (Wet-Oxidation Method) or EPA Method 415.3, Revision 1.1. Inorganic carbon must be removed from the samples prior to analysis. TOC samples may not be filtered prior to analysis. TOC samples must be acidified at the time of sample collection to achieve pH less than or equal to 2 with minimal addition of the acid specified in the method or by the instrument manufacturer. Acidified TOC samples must be analyzed within 28 days. 
(d)	Specific Ultraviolet Absorbance (SUVA). SUVA is equal to the UV absorption at 254nm (UV254) (measured in m-1 divided by the dissolved organic carbon (DOC) concentration (measured as mg/L).  In order to determine SUVA, it is necessary to separately measure UV254 and DOC.  When determining SUVA, systems must use the methods stipulated in section 10.7.4 (d)(1) to measure DOC and the method stipulated in section 10.7.4 (d)(2) to measure UV254.  SUVA must be determined on water prior to the addition of disinfectants/oxidants by the system.  DOC and UV254 samples used to determine a SUVA value must be taken at the same time and at the same location.
(1)	Dissolved Organic Carbon (DOC).  The following analytical methods shall be used for measuring DOC.  Standard Method 5310 B or 5310 B–00 (High-Temperature Combustion Method) or Standard Method 5310 C or 5310 C–00 (Persulfate-Ultraviolet or Heated-Persulfate Oxidation Method) or Standard Method 5310 D or 5310 D–00 (Wet-Oxidation Method) or EPA Method 415.3, Revision 1.1. DOC samples must be filtered through the 0.45 μm pore-diameter filter as soon as practical after sampling, not to exceed 48 hours. After filtration, DOC samples must be acidified to achieve pH less than or equal to 2 with minimal addition of the acid specified in the method or by the instrument manufacturer. Acidified DOC samples must be analyzed within 28 days of sample collection. Inorganic carbon must be removed from the samples prior to analysis. Water passed through the filter prior to filtration of the sample must serve as the filtered blank. This filtered blank must be analyzed using procedures identical to those used for analysis of the samples and must meet the following criteria: DOC < 0.5 mg/L.
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Article 11	Sanitary Surveys and Composite Correction Program
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11.4	Response to Significant Deficiencies or Violations of Colorado Primary Drinking Water Regulations in a Sanitary Survey Written Notice
Prior to December 1, 2009, public water systems must comply with section 11.4(e).  Beginning on December 1, 2009, public water systems must comply with sections 11.4(a) though 11.4(d).
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(d)	Within 120 days (or earlier if directed by the department) of receiving notification from the Department of significant deficiencies or violations, a public water system must either:
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Article 13	Groundwater Rule
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13.2	Disinfection of Groundwater
(a)	In addition to complying with the requirements under sections 7.6, 7.7 and 7.8, public water systems that use groundwater must comply with section 13.2.
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13.4	Treatment technique requirements for groundwater systems.
(a)	Groundwater systems with a fecal indicator positive source water sample collected under section 13.3(a)(3) must comply with the requirements of this section.  Groundwater systems with a fecal indicator positive source water sample collected under 13.3(a)(2), 13.3(a)(4), or 13.3(b) must comply with the requirements of this section if directed by the Department.
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 (4)	Within 120 days (or earlier if directed by the Department) of receiving written notice from a laboratory or direction from the Department the groundwater system must either:
(i)	Have completed corrective action in accordance with applicable Department plan review processes, including section 1.11, or other Department guidance or direction, if any, including Department-specified interim measures; or
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Articles 14-19	Reserved
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Article 22	STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE:  October 14, 2008 Written Comment Only Rulemaking Hearing; Effective Date November 30, 2008
Adoption of amendments to Articles 1, 7, 9, 10, 11 and 13 of the Colorado Primary Drinking Water Regulations.
The Colorado Revised Statutes (CRS), §25-1.5-202, provide specific authority for adoption of these regulatory amendments.  The Commission also adopted, in compliance with §24-4-103(4), CRS, the following statement of basis and purpose.
BASIS AND PURPOSE
All suppliers of drinking water in Colorado are subject to regulations adopted by the U.S. Environmental Protection Agency (EPA) under the Safe Drinking Water Act, (42 U.S.C. 300f et seq.) as well as by the Colorado Primary Drinking Water Regulations under the direction of the Water Quality Control Division (Division).  Colorado has been granted primary enforcement responsibility (primacy) for the public water system supervision program under the federal Safe Drinking Water Act.  However, in order to maintain primacy, states must also promulgate new regulations that are no less stringent than those adopted by the federal government.  As required by 40 CFR 142.12, the Division submitted a drinking water program primacy revision application for the Long Term 2 Enhanced Surface Water Treatment Rule (LT2) and the Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2).  This application included the Colorado Primary Drinking Water Regulations effective 09/30/2007.  EPA reviewed the Division’s application and found instances where the Colorado Primary Drinking Water Regulations are less stringent than the federal language.
Additionally, Section 1.6.4(e) is a Colorado-specific requirement, not a provision of the federal regulation, nor is it a primacy requirement.  1.6.4(e) requires an original signature on all documents submitted to the Division and applies to paper documents as well as to information received electronically over the Internet.  Eliminating this Colorado-specific provision will facilitate Colorado’s implementation of Electronic Data Interchange (EDI) - the submission of laboratory results, required reports and other data from private laboratories and public water systems via the Internet.  Among other benefits, the implementation of EDI will improve the accuracy of compliance data entered into the Division’s compliance database, offer regulated entities a streamlined reporting tool, and reduce the management of paper-based reports for the Division, laboratories and public water systems.
The Commission amends Articles 1, 7, 9, 10, 11 and 13 of the Colorado Primary Drinking Water Regulations to include:
	Items identified by EPA during review of the Division’s primacy application for LT2 and Stage 2.
	Removal of 1.6.4(e).
	Numerous minor changes to correct spelling, typographical errors and provide clarity.
These amendments present no significant controversy and are either required by EPA, assistive to public water systems, or are minor changes.
The Colorado Primary Drinking Water Regulations are amended as follows:
Article 1
1.	Section 1.5.2 is amended to adjust the definitions of Compliance Monitoring and Triggered Source Water Monitoring to provide clarity.
2.	Section 1.6.4(e) is struck from the Colorado Primary Drinking Water Regulations.
Article 7
1.	Section 7.4.17 is amended to include the definition of “module” from the federal language.
2.	Section 7.7.2 is amended to include record keeping requirements from the federal language.
Article 9
1.	Section 9.2.11 is amended to strike “mean cryptosporidium”.  This provision applies only to unfiltered surface water systems which are not allowed in Colorado.
2.	Table 9-7 Table of CPDWR Violations and Other Situations Requiring Public Notice is amended to correct public notice requirements regarding LT2 and include and adjust numbering of end notes from the federal language.
Article 10
1.	Section 10.1.3 is amended to include requirements from the federal language for extended holding time for E. coli samples.
2.	Section 10.7.4 is amended to correct a typographical error.
Article 11
1.	Section 11.4 is amended for clarity.
Article 13
1.	Section 13.2 is amended for clarity.
2.	Section 13.4 is amended for clarity.