national multiple family submetering and allocation billing program ...

Mississippi, Missouri, Pennsylvania, South Carolina, Tennessee, and Texas responded that
owners or managers were required to inform public agencies. Alabama, Alaska, Mississippi,
Missouri, and South Carolina reported that owners or managers report submetering to the state
environmental protection and/or health agencies, the Alabama Department of Environmental
Management, the Alaska Department of Environmental Conservation, the Mississippi
Department of Health, Missouri Department of Water Quality, and the South Carolina
Department of Health and Environmental Conservation, respectively. Alaska further reported
that the Regulatory Commission of Alaska be informed. Pennsylvania, Tennessee, and Texas
reported that a state agency must be informed, but did not report a specific agency. Further
research indicated that in Texas, the Commission on Environmental Quality must be informed
(TAC 291.122).
The variety of state responses regarding how submetering systems are regulated under the
state drinking water program reflects the differing interpretations of US EPA regulations.
Sixteen states reported that submetering and RUBS systems are regulated under the State
Drinking Water Offices as public water systems. Twenty-four states report that submetering is
not regulated under the program, and therefore has no status. Three of those states, Delaware,
Oklahoma, and Washington, reported that other state drinking water agency guidelines regulated
submetering. Delaware reported that submetering systems are only regulated by the agency if
water treatment is installed on the water line. North Carolina reported that such systems are
regulated as consecutive systems, and New Jersey regulators make a case-by-case determination
on submetering and RUBS systems to decide how they are regulated.
Oklahoma and Washington reported that systems are regulated under other water quality
regulations, not the state drinking water program. (OAC 252.631 in Oklahoma and WAC
246.290 in Washington) Two states, Texas and Wisconsin, report that submetered systems are
regulated in some way other than those reported above. Wisconsin did not report how the
systems are regulated. Texas reported regulations located in the Texas Administrative Code at
291.121.
Regarding implementation of new regulations or guidelines, only Mississippi and South
Carolina reported considering new guidelines for the regulation of submetering and RUBS.
However, both states reported that the process was in the very early stages and follow-up
research found no progress reaching the public comment stage.
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