[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]



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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.

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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