[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Notices]
[Pages 9836-9837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4300]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5157-9]
Public Water System Supervision Program Revision for the State of
New York
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the State of New York is revising
its approved Public Water System Supervision Primary Program. The State
of New York has adopted drinking water regulations that satisfy the
National Primacy Drinking Water Regulations for the Lead and Copper
Rule (LCR). USEPA regulations were promulgated on June 7, 1991 (56 FR
26460). The USEPA has determined that New York's Lead and Copper
regulations are no less stringent than the corresponding Federal
regulations and that New York continues to meet all requirements for
primary enforcement responsibility as specified in 40 CFR 142.10. EPA's
determination to approve the State of New York's revision to its Public
Water Supervision Program for compliance with EPA's Lead and Copper
Rule is conditional upon New York's State making certain minor changes,
no later than January 1, 1996, to the State Sanitary Code and
Environmental Health Manual. The changes required, which New York State
has agreed to make, include the following:
1. The State must either delete the word ``economics'' in Sections
5-1.46 and 5-1.47 of the State Sanitary Code or clarify, in the Code,
that economics will only be considered in selecting corrosion control
treatment when two methods are equally effective.
2. The State must change Section 5-1.43 of the code to read as
follows:
(e) Distribution Monitoring. All large water systems shall monitor
for water quality parameters in Section 5-1.45 (c) in each initial six
month monitoring period they monitor for the first draw lead and copper
tap samples. All small and medium water systems shall monitor for water
quality parameters in Section 5-1.45 (c) during the six month
monitoring period which the water system exceeds the copper or lead
action level. After a water system installs optimal corrosion control
treatment the water system shall monitor for water quality parameters
for two consecutive six month monitoring periods. After the State
specifies water quality parameters samples for optimal corrosion
control treatment, all water systems shall monitor for water quality
parameters at the frequencies stated in 5-1.43 (a) for two consecutive
six month monitoring periods.
A new paragraph Subpart 5-1.43 (d) must be added as follows:
(d) After State specification of minimum values or ranges for water
quality parameters for optimal corrosion control treatment, water
systems shall maintain water quality parameter values at or above
specified minimum values or within ranges specified by the State. If
the water quality parameters value of any sample is below the minimum
value or outside the range specified by the State, the water system is
out of compliance with the State Sanitary Code.
The italic words are revisions to the Code.
3. The State must change their definition of ``action level'' in
Section 5-1.41(a) of the State Sanitary Code to be consistent with the
language of the Federal definition of ``action level'' in 40 CFR 141.2.
4. Section (G)(1) of PWS Item No. 51 of the New York State
Environmental Health Manual, dated March 31, 1993, which contains
procedures for making corrosion control treatment determinations must
be changed to ensure the State establishes a range of values for pH at
entry points to the distribution system and ``at taps throughout the
distribution system''.
5. Section (E)(5) of PWS Item No. 52 of the Environmental Health
Manual, which contains procedures for making lead service line
replacement decisions, must be amended by striking the phrase ``less
than 16 ug/L'' and replacing it with the requirement in 40 CFR
141.84(c), which reads, ``less than or equal to 0.015 mg/L.''
6. Section 5-1.40 (a)(1) of the State Sanitary Code must be changed
by replacing the phrase ``3,300 people or less'' with the phrase
``50,000 people or less''.
7. The State must adopt as part of the State Sanitary Code the
analytical methods contained in 40 CFR 141.89 of the federal rule.
8. The State must amend the first paragraph in Section 5-1.47 of
the State Sanitary Code to include the phrase ``within 6 months of
exceeding the lead or copper action level''.
All interested parties, other than Federal Agencies, may request a
public hearing. A request for a public hearing must be submitted to the
USEPA Regional Administrator at the address shown below within thirty
(30) days after the date of this Federal Register Notice. If a
substantial request for a public hearing is made within the required
thirty-day period, a public hearing will be held and a notice will be
given in the Federal Register and a newspaper of general circulation.
Frivolous or insubstantial requests for a hearing may be denied by the
Regional Administrator. If no timely and appropriate request for a
hearing is received and the Regional Administrator does not choose to
hold a hearing on his/her motion, this determination shall become final
and effective thirty (30) days after publication of this Federal
Register Notice.
Any request for a public hearing shall include the following
information:
(1) The name, address and telephone number of the individual
organization or other entity requesting a hearing;
(2) A brief statement of the requesting person's interest in the
Regional Administrator's determination and a brief statement on
information that the requesting person intends to submit at such
hearing;
(3) The signature of the individual making the requests or, if the
request is made on behalf of an organization or other entity, the
signature of a [[Page 9837]] responsible official of the organization
or other entity.
ADDRESSES: Requests for Public Hearing shall be addressed to: Regional
Administrator, U.S. Environmental Protection Agency--Region II, Jacob
K. Javits Federal Building, 26 Federal Plaza, New York, New York 10278.
All documents relating to this determination are available for
inspection between the hours of 9:00 a.m. and 4:30 pm, Monday through
Friday, at the following offices:
New York State Department of Health, Bureau of Public Water Supply
Protection, 2 University Plaza/Western Avenue, Albany, New York 12203-
3399, (518) 458-6731
U.S. Environmental Protection Agency--Region II, Public Water System
Supervision Section Room 853, Jacob K. Javits Federal Building, 26
Federal Plaza, New York, New York 10278
For further information, you may contact: Walter E. Andrews, Chief,
Drinking and Groundwater Protection Branch, U.S. Environmental
Protection Agency--Region II, (212) 264-1800.
(Section 1413 of the Safe Drinking Water Act, as amended, and 40 CFR
142.10 of the NPDWR)
Dated: January 30, 1995.
William J. Muszynski,
Acting Regional Administrator, EPA, Region II.
[FR Doc. 95-4300 Filed 2-21-95; 8:45 am]
BILLING CODE 6560-50-M
