PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CH. 109]
Safe Drinking Water
[31 Pa.B. 5083] The Environmental Quality Board (Board) proposes to amend Chapter 109 (relating to safe drinking water). The amendments include new requirements for community water systems to prepare and provide to their customers an annual consumer confidence report (CCR), major revisions to the public notification (PN) requirements, minor revisions to the regulation of lead and copper to improve implementation and minor revisions to Chapter 109 to retain primary enforcement authority (primacy) and to clarify existing requirements.
This proposal was adopted by the Board at its meeting of July 17, 2001.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Jeffrey A. Gordon, Chief, Division of Drinking Water Management, P. O. Box 8467, Rachel Carson State Office Building, Harrisburg, PA 17105-8467, (717) 772-4018 or Pamela Bishop, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposal appears in Section I of this Preamble. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection's (Department) website (http://www.dep.state.pa.us).
C. Statutory Authority
The proposed rulemaking is being made under the authority of section 4 of the Pennsylvania Safe Drinking Water Act (35 P. S. § 721.4), which grants the Board the authority to adopt rules and regulations governing the provision of drinking water to the public, and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-7 and 510-20).
D. Background and Purpose
The purpose of the proposed rulemaking package is to amend the Department's Safe Drinking Water regulations to incorporate new primacy requirements contained in three recent Federal rulemakings. The United States Environmental Protection Agency (EPA) promulgated the following National Primary Drinking Water Regulations: CCR Final Rule as published in the August 19, 1998, Federal Register; PN Final Rule as published in the May 4, 2000, Federal Register; and Lead and Copper Rule Minor Revisions (LCRMR) as published in the January 12, 2000, Federal Register (40 CFR Parts 9, 141 and 142). The proposed amendments will address these new and revised provisions to satisfy primacy requirements.
1. New CCR requirements.
The amendments include new requirements for community water systems to prepare and provide to their customers an annual CCR on the quality of the water delivered by the public water system. These amendments will incorporate the provisions of the Federal CCR Rule that were mandated by the 1996 Amendments to the Federal Safe Drinking Water Act (SDWA). The CCR is the cornerstone of the public right-to-know provisions in the Federal SDWA.
The CCR will provide valuable information to customers of community water systems and allow them to make personal, health-based decisions regarding their drinking water consumption. The information in the report is information that the community water system already collects. Reports shall contain information on the sources of water provided, levels of detected contaminants, violations of any State regulations and health information concerning drinking water and potential risks from detected contaminants. The information contained in a CCR can raise consumers' awareness of where their water comes from, help them understand the process by which safe drinking water is delivered to their homes and educate them about the importance of preventative measures, such as source water protection, that ensure a safe drinking water supply. Water suppliers can use the CCR to promote dialogue with their consumers and to encourage consumers to become more involved in decisions which may affect their health.
The Department is requesting comment on the basic elements of the CCR, in particular the requirement for a community water system with a large proportion of non-English speaking residents (as determined by the Department) to include information in its report in the appropriate languages regarding the importance of the report or contain a telephone number or address where those residents may contact the system to obtain a translated copy of the report or assistance in the appropriate language. This proposed CCR requirement is identical to the provision contained in the PN requirements.
* How should the Department define a large proportion of non-English-speaking residents? In guidance, the EPA suggests that a threshold of 10% of the population or 1,000 people, whichever is less, be used when determining whether to provide multilingual information.
* What resources are available to community water systems that choose to provide a translated copy of the report or offer to assist in the appropriate language?
* What resources are available to residents who seek translation services for assistance in reading a CCR?
2. Major revisions to PN requirements.
The amendments include major revisions to the PN requirements and will incorporate the provisions of the Federal PN Rule. Public water suppliers use PN to alert consumers to potential health risks from violations of drinking water standards and to tell them how to avoid or minimize those risks. The EPA revised its PN requirements in April 2000 as required by the 1996 Amendments to the Federal SDWA because it was determined that the complexity of the rule hindered successful implementation. The EPA was required to amend the existing PN provisions to better target notices for serious violations posing a short-term exposure risk to health and to make the existing notification process less burdensome and more effective.
The revisions to PN modify the minimum requirements public water suppliers must meet regarding the form, manner, frequency and content of public notices. The new requirements make it easier for water suppliers to provide consumers with more accurate and timely information on violations and the seriousness of any potential adverse health effects. The revisions require faster notice in emergencies and fewer notices overall. In addition, PN of drinking water violations provides a means to protect public health, build trust with consumers through open and honest sharing of information and establishes an ongoing, positive relationship with the community.
The Department is requesting comment on the Tier 1 PN requirements, in particular the list of violations requiring such a notice, the new consultation process now proposed in lieu of more prescriptive State requirements and the revised requirements for the form and manner of the Tier 1 notices.
The Department also is requesting comment on the standard elements of the public notice, in particular the requirement for a public water system serving a large proportion of non-English speaking consumers (as determined by the Department) to include in its public notice information in the appropriate languages regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the notice or to request assistance in the appropriate language. This proposed PN requirement is identical to the provision contained in the CCR requirements.
* How should the Department define a large proportion of non-English-speaking consumers? In guidance, the EPA suggests that a threshold of 10% of the population or 1,000 people, whichever is less, be used when determining whether to provide multilingual information.
* What resources are available to public water systems that choose to provide a translated copy of the notice or offer to assist in the appropriate language?
* What resources are available to residents who seek translation services for assistance in reading a public notice?
3. Minor revisions to the LCRMR.
The amendments reflect minor revisions to the regulation of lead and copper. The lead and copper regulations apply to community and nontransient noncommunity water systems. The EPA made several minor revisions to the National Primary Drinking Water Regulations for lead and copper. The proposed changes do not affect the lead or copper maximum contaminant level goals, the action levels or the basic regulatory requirements. The intended effect of this action is to streamline and reduce regulatory burden where those changes can be made without jeopardizing the level of public health protection or protection of the environment. Other minor changes are being proposed to clarify requirements and to improve the rule's implementation. Finally, the proposed changes address two issues that were the subject of an EPA judicial remand.
4. Amendments to correct minor deficiencies and clarify existing requirements.
The amendments will correct minor deficiencies in Chapter 109 to satisfy outstanding issues with the EPA and obtain primacy approval for the LCR and the Phase II/V Rule. The amendments also include proposed changes to clarify existing requirements.
In summary, the Board proposes to incorporate the provisions of the Federal CCR, PN and LCRMR and the Federal corrective amendments into the Pennsylvania Safe Drinking Water Regulations (Chapter 109) to obtain primary enforcement authority, under the Federal SDWA. These regulations must be adopted no later than 2 years after the date on which the regulations are promulgated by the EPA (August 21, 2000) or the State must request a 2-year extension from the EPA, according to the Federal SDWA. The Department has been granted an extension. Our deadline for final adoption is prior to August 21, 2002.
The draft proposed amendments were submitted for review to the Water Resources Advisory Committee (WRAC) on March 14, 2001. Comments were received from the WRAC on April 5, 2001. The WRAC encourages the Department to consider their comments, and otherwise supports the changes to Chapter 109 as proposed. The WRAC asked the Department to request additional comment during proposed rulemaking on the Tier 1 PN requirements, in particular the new consultation process now proposed in lieu of more prescriptive State requirements and the revised requirements for the form and manner of the Tier 1 notice.
The draft proposed amendments were submitted to the Small Water Systems Technical Assistance Center Advisory Board (TAC) for review and discussion on March 21, 2001. Comments were received from TAC on April 10, 2001. TAC suggested the Department seek public comment on the multilingual requirements of the CCR and PN Rules.
E. Summary of Regulatory Requirements
The proposed amendments reflect both the new Federal CCR, PN and LCRMR requirements and the Federal corrective amendments. The amendments will correct minor deficiencies in Chapter 109 to satisfy outstanding issues with the EPA and obtain primacy approval for the LCR and the Phase II/V Rule. The amendments also include proposed changes to clarify existing requirements.
§ 109.1 Definitions.
This section was amended to add a definition for ''CCR--Consumer Confidence Report.''
§ 109.202(c)(1)(ii) Treatment technique requirements for pathogenic bacteria, viruses and protozoan cysts.
This subparagraph was amended to add the EPA's new PN requirements for an occurrence of a waterborne emergency. This amendment reflects the Federal requirement found in 40 CFR 141.202(a). In addition, this subparagraph was amended to clarify the Department's reporting requirements under § 109.701(a)(3).
§ 109.301(1)(i)(C) Performance monitoring for filtration and disinfection.
This clause was amended to clarify the Department's reporting requirements under § 109.701(a)(3).
§ 109.301(2)(i)(D) Performance monitoring for unfiltered surface water.
This clause was amended to clarify the Department's reporting requirements under § 109.701(a)(3).
§ 109.301(3) Monitoring requirements for coliforms.
This paragraph was amended to add the EPA's new PN requirements for a water supplier that fails to test for fecal coliforms or E. coli when any check sample tests positive for coliform. This amendment reflects the Federal requirement found in 40 CFR 141.21(e). In addition, this paragraph was amended to clarify the Department's reporting requirements under § 109.701(a)(3).
§ 109.301(7)(ii)(C)(V) and (VI) Repeat monitoring for systems with nitrate or nitrite levels equal to or greater than 50% of the MCL.
Subclause (V) was amended to add the EPA's new PN requirements for a water supplier that is unable to comply with the 24-hour sampling requirement. This amendment reflects the Federal requirement found in 40 CFR 141.23(f)(2). Subclause (VI) was added to relocate the Department's existing requirements for noncommunity water systems for which an alternate nitrate level has been approved by the Department. These requirements were originally located in § 109.301(7)(ii)(C)(V).
§ 109.302(f) Special monitoring requirements.
This subsection was deleted to be consistent with the EPA. The EPA reserved the special monitoring requirements as a result of the Federal Revisions to the Unregulated Contaminant Monitoring Regulation for Public Water Systems; Final Rule (September 17, 1999).
§ 109.302(g) and (h)
These subsections were renumbered as § 109.302(f) and (g), respectively.
§ 109.401 General PN requirements.
This section was reserved because the requirements are not consistent with the EPA's general PN requirements found in 40 CFR 141.201. General PN requirements are now found in § 109.407.
§ 109.402 Emergency PN.
This section was reserved because the requirements are not consistent with the EPA's Tier 1 PN requirements found in 40 CFR 141.202. Tier 1 public notice requirements are now found in § 109.408. In addition, the 1-hour reporting requirement was moved to the reporting and recordkeeping section in § 109.701.
§ 109.403 Description and content of notice.
This section was reserved because the requirements are not consistent with the EPA's PN content requirements found in 40 CFR 141.205. Public notice content requirements are now found in § 109.411.
§ 109.404 Notice by the Department.
This section was reserved. The requirements were moved to § 109.415 to be consistent with how the EPA organizes the special PN requirements.
§ 109.405 Public notice requirements for lead.
This section was reserved to be consistent with the EPA. The EPA reserved the public notice requirements in 40 CFR 141.43(a)(2) as a result of the minor revisions to the LCR (January 12, 2000).
§ 109.406 Public notice requirements for unregulated contaminants.
This section was reserved because the requirements are not consistent with the EPA's public notice requirements for unregulated contaminants found in 40 CFR 141.207. Public notice requirements for unregulated contaminants are now found in § 109.412.
§ 109.407 General PN.
This section was added to incorporate the EPA's new general PN requirements. This amendment reflects the Federal requirement found in 40 CFR 141.201.
§ 109.407(c)(3), (4) and (5) Public notice recipients.
Paragraph (3) was added to relocate the Department's existing public notice requirements for point-of-entry devices. These requirements were originally located in § 109.401(4). Paragraph (4) was added to relocate the Department's existing public notice requirements for notification of key public officials. These requirements were originally located in § 109.402(2)(i). Paragraph (5) was added to relocate the Department's existing public notice requirements for notification of a parent or guardian. These requirements were originally located in § 109.402(2)(v).
§ 109.408 Tier 1 public notice--form, manner and frequency of notice.
This section was added to incorporate the EPA's new Tier 1 public notice requirements. This amendment reflects the Federal requirement found in 40 CFR 141.202(a).
§ 109.408(b)(2) Timing for a Tier 1 public notice.
This paragraph was added to incorporate the Department's existing 1-hour notification requirement as specified in § 109.701(a)(3).
§ 109.409 Tier 2 public notice--form, manner and frequency of notice.
This section was added to incorporate EPA's new Tier 2 public notice requirements. This amendment reflects the Federal requirement found in 40 CFR § 141.203(a).
§ 109.409(b)(1) Timing for a Tier 2 public notice.
This paragraph was added to incorporate the Department's existing 1-hour notification requirement as specified in § 109.701(a)(3).
§ 109.410 Tier 3 public notice--form, manner and frequency of notice.
This section was added to incorporate the EPA's new Tier 3 public notice requirements. This amendment reflects the Federal requirement found in 40 CFR 141.204(a).
§ 109.411 Content of a public notice.
This section was added to incorporate the EPA's new content requirements. This amendment reflects the Federal requirement found in 40 CFR 141.205(a).
§ 109.412 Special notice of the availability of unregulated contaminant monitoring results.
The section was added to incorporate the EPA's new requirements for providing unregulated contaminant monitoring results. This amendment reflects the Federal requirement found in 40 CFR 141.207(a).
§ 109.413 Special notice for nitrate exceedances above MCL by noncommunity water systems, where granted permission by the Department.
This section was added to incorporate the EPA's new special notice requirements for nitrate MCL exceedances. This amendment reflects the Federal requirement found in 40 CFR 141.209.
§ 109.414 Notice to new billing units or new customers.
This section was added to incorporate the EPA's new requirements for notice to new billing units or new customers. This amendment reflects the Federal requirement found in 40 CFR 141.206(a).
§ 109.415 Notice by the Department on behalf of the public water system.
This section was added to incorporate the EPA's new requirements for notice given by the Department on behalf of the public water system. This amendment reflects the Federal requirement found in 40 CFR 141.210.
§ 109.416 Consumer confidence report requirements.
This section was added to incorporate the EPA's new requirements that community water systems provide an annual CCR to its customers. This amendment reflects the Federal requirements found in 40 CFR Part 141, Subpart O.
§ 109.503(c)(3) Permit fees.
This paragraph was deleted to provide consistency for fees required for permit applications submitted under § 109.503(c). Under this action, the permit fee submitted with an application for a permit or major permit amendment to satisfy the requirements for removal of volatile organic compounds (VOCs) and synthetic organic compounds (SOCs) (through the construction of treatment facilities designed to achieve greater removal of contaminants than would be achieved by conventional filtration) would be the same as the schedule specified for all other applications under § 109.503(c). The Department feels this decrease in fee is appropriate because the review time has decreased due to the availability of off-the-shelf, NSF-approved pieces of equipment for the removal of VOCs and SOCs.
§ 109.701(a)(3) Compliance report.
This paragraph was amended to relocate the Department's existing 1-hour reporting requirements. These requirements were originally located in § 109.402(1).
§ 109.701(a)(4) Notice.
This paragraph was amended to add the EPA's new requirements for certification that a system has fully complied with the PN requirements. This amendment reflects the Federal requirement found in 40 CFR 141.31(d).
§ 109.701(d)(8) Record maintenance.
This paragraph was added to incorporate the EPA's new record maintenance requirements. This amendment reflects the Federal requirement found in 40 CFR 141.33(e).
§ 109.702(a)(6) Operation and maintenance plan.
This paragraph was added to clarify the Department's intent to require a PN component in a community water system's operation and maintenance plan. Paragraphs (6)--(11) were renumbered accordingly as paragraphs (7)--(12).
§ 109.707(a) and (b) Emergency response plan.
Subsection (a) was deleted because it duplicated information already contained in § 109.701(a)(3). Subsection (b) was renumbered as § 109.707(a). This subsection also was amended and renumbered to clarify the Department's requirements for an emergency response plan.
§ 109.805(e)(4) Certification procedure.
This paragraph was added to clarify that a laboratory certified by the Department shall comply with § 109.810 (relating to reporting and notification requirements) to maintain certification. The Department requires that analytical data be submitted or reported in a timely manner to ensure that compliance determinations can be made and public health can be protected. A laboratory certified by the Department has an obligation to provide the data in a timely manner. The language was added to emphasize that a failure to comply with the reporting and notification requirements may jeopardize the laboratory's continued certification.
§ 109.806 Standards for certification.
This section was amended to clarify the Department's standards for certification.
§ 109.810(b) and (d) Reporting and notification requirements.
Subsection (b) was amended to clarify the Department's requirements with respect to how a certified laboratory shall contact the Department. Subsection (d) was amended to clarify the Department's requirements with respect to the circumstances under which a laboratory shall notify the public water suppliers it serves.
§ 109.1003(b) Monitoring requirements.
This subsection was deleted to be consistent with the EPA. As a result, existing subsections (c) and (d) were renumbered as (b) and (c).
§ 109.1004(a) and (b) Public notification.
Subsection (a) was amended to clarify that bulk water and vended water suppliers shall give PN in accordance with Subchapter D. Subsection (b) was amended to revise the citation for the EPA's mandatory health effects language.
§ 109.1102(b)(1) Optimal corrosion control treatment.
This paragraph was amended to clarify that water systems using optimized corrosion control treatment must operate in compliance with designated water quality parameters and continue to conduct lead and copper tap monitoring. Subparagraph (ii) was amended to provide a corrosion control compliance schedule for a new large water system. Subparagraph (iv) was added to allow a water system optimized for corrosion control treatment to go to reduced lead and copper tap monitoring under the criteria of § 109.1103(e). In addition, § 109.1102(b)(2) was amended to reflect new compliance schedule requirements for systems under the proposed rulemaking.
§ 109.1103(d)(2)(iii) Water quality parameter performance monitoring.
This subparagraph was amended to change the water quality parameter compliance determinations from a single sample to no more than 9 days of sampling during a 6-month monitoring period that are below the minimum or outside the range of values designated by the Department.
§ 109.1103(e)(1)(ii)(D) Triennial lead and copper tap monitoring.
This clause was added to allow water systems that have low lead and copper levels to go directly from initial tap water monitoring to reduced 3-year monitoring, thus bypassing annual tap water monitoring.
§ 109.1103(e)(1)(iv) Sample sites and timing.
This subparagraph was amended to allow systems on reduced lead and copper tap sampling to collect samples other than June 1 through September 30 of each monitoring period.
§ 109.1103(e)(2)(ii)(B) Reduced annual water quality parameter monitoring.
This clause was added to allow systems that maintain the range of values for water quality parameters and have tap water percentile values at low levels to reduce water quality parameter monitoring to every 3 years.
§ 109.1103(e)(2)(iii), (iv) and (v) Reduced water quality parameter monitoring revocation.
Subparagraph (iii) was amended to specify when reduced water quality parameter monitoring would be revoked. Subparagraph (iv) was added to specify when a system may resume annual water quality parameter monitoring after having reduced water quality parameter monitoring revoked. Subparagraph (v) was added to specify when a system may resume triennial water quality parameter monitoring after having reduced water quality parameter monitoring revoked.
§ 109.1103(g)(2)(i) Site selection for community water systems.
This subparagraph was amended to include the definition of representative sites for a system that has an insufficient number of Tier 1, 2 and 3 sites available for sampling. Clause (D) was amended to include the definition for a single-family structure.
§ 109.1103(g)(2)(ii) Site selection for nontransient noncommunity water systems.
Subparagraph (ii) was amended to be consistent with the EPA requirements for alternate sampling sites if an insufficient number of Tier 1 sites are available. Section 109.1103(g)(2)(ii)(B) was replaced by § 109.1103(g)(2) (ii)(C) since Tier 2 sample sites are no longer required under § 109.1103(g)(2)(ii). This clause was also amended to allow eligible water systems to substitute non-first draw samples if an insufficient number of sampling taps are available. In addition, § 109.1103(g)(2)(v) was deleted.
§ 109.1103(h)(1)(v) Lead and copper tap samples.
This subparagraph was amended to clarify that first draw lead and copper samples are allowed to remain without acidification for up to 14 days after the sample is collected.
§ 109.1103(j) Invalidation of lead or copper tap water samples.
This subsection was added to specify that the Department, under certain criteria, may invalidate lead or copper tap samples.
§ 109.1103(k) Monitoring waivers for small systems.
This subsection was added to allow reduced lead and copper tap monitoring to every 9 years for systems that have no lead or copper materials in their distribution system and have determined that their lead and copper action levels are extremely low.
§ 109.1104(a)(1) Content.
This paragraph was amended to allow water systems to delete information from their public education program pertaining to lead service line replacement if no lead service lines exist in their service area.
§ 109.1104(a)(1)(i) Mandatory language for newspapers and water bill inserts.
This subparagraph was amended to allow water suppliers to modify their public education language concerning availability and access to building permit records upon approval by the Department.
§ 109.1104(a)(1)(iv) Mandatory language for nontransient noncommunity water systems.
This subparagraph was amended to allow nontransient noncommunity water systems to use information contained in either 40 CFR 141.85(a)(1) or (2) for public education materials.
§ 109.1104(a)(1)(v) Mandatory language relating to the Pennsylvania Lead Ban.
This subparagraph was deleted since the language in 40 CFR 141.85(a)(4)(D) requiring notification of the Pennsylvania Plumbing System Lead Ban and Notification Act in the public education materials has been removed from the Federal language.
§ 109.1104(a)(2)(i) Community water system requirements.
This subparagraph was amended to clarify that community water systems are not required to repeat public education tasks within 60 days of exceeding an action level if they are already conducting public education tasks due to previously exceeding an action level. Clause (E) was added to allow facilities, which serve populations that do not have control over system improvements and do not charge for water consumption, to use public education language in 40 CFR 185(a)(2) in lieu of the language in 40 CFR 185(a)(1). These systems may also perform the public education tasks under § 109.1104(a)(2)(ii)(A) in lieu of the tasks under § 109.1104(a)(2)(i)(A)--(D). Clause (F) was added to allow small community water systems the option of direct notice of public education materials to each customer in lieu of providing public service announcements.
§ 109.1104(a)(2)(ii) Nontransient noncommunity water system requirements.
This subparagraph was amended to clarify that nontransient noncommunity water systems are not required to repeat public education tasks within 60 days of exceeding an action level if they are already conducting public education tasks due to previously exceeding an action level. Clause (A) was amended to allow nontransient noncommunity water systems to electronically send public education materials to each person served in lieu of or combined with printed materials.
§ 109.1104(b) Public notification requirements.
This subsection was amended to be consistent with the PN requirements under Subchapter D.
§ 109.1107(a)(2)(ii) Water quality parameter monitoring results.
This subparagraph was amended to require submittal of water quality parameter monitoring results to the Department as stipulated by the EPA.
§ 109.1107(a)(4) Public education reporting requirements.
This paragraph was amended to clarify when a water supplier must submit to the Department a letter demonstrating compliance with the public education requirements.
§ 109.1107(a)(5)(i) Lead service line replacement reporting.
Section 109.1107(a)(5)(i)(C) has been amended to remove the requirement that water systems provide a legal opinion when there is a rebuttal of the water system's control over lead service lines. Section 109.1107(a)(5)(i)(D) was amended to add the location of sample results as part of the reporting.
§ 109.1107(d)(4) Conditions of replacement.
This paragraph was amended to allow water systems to replace only that portion of the lead service line that the water system owns. The water system must make an offer to the owner of the privately owned line to replace the lead service line. In addition, the water supplier must inform consumers of any partial lead service line replacement and provide the results of sampling after replacement of the partial lead service line.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed regulation.
Benefits
1. New CCR requirements.
The amendments will affect all 2,201 community water systems that serve a total population of over 10.5 million Pennsylvanians. The CCR Rule, in concert with the PN Rule, will help to ensure that consumers are provided with information they need to make informed public health decisions concerning the water they are served.
2. Major revisions to the PN requirements.
The amendments will affect all 10,473 public water systems that serve a total population of over 12.9 million Pennsylvanians. The benefits resulting from the PN Rule are expected to improve the current level of public health protection as a result of the simplifications.
3. Minor revisions to the LCRMR..
The amendments will affect all 3,468 community and nontransient noncommunity water systems that serve a total population of over 11 million Pennsylvanians. The benefits resulting from the LCRMR Rule are not expected to change, and the EPA indicated that public health protection should also remain unchanged.
Compliance Costs
1. New CCR requirements.
The EPA has estimated that, Nationwide, a total annual cost of almost $23 million will be borne by the regulated ($20.3 million) and regulating communities ($2.8 million) as a result of the CCR Rule. It is estimated that water systems in this Commonwealth will bear over $950,000 of the total annual cost. The $950,000 estimate includes costs for preparing, printing and mailing the CCR. It is estimated that the Department will bear over $50,000 of the total annual cost.
2. Major revisions to the PN requirements.
The EPA has estimated that, Nationwide, the total annual cost to the regulated and regulating communities for the current PN Rule is $27 million. The EPA has estimated that, Nationwide, a total annual cost to the regulated and regulating communities for the new PN Rule is $17.9 million. This results in a net annual cost reduction of over $9 million (a 33.7% reduction) for both the regulated and regulating communities. The total annual costs for the new PN Rule are as follows:
* The EPA has estimated that, Nationwide, the total annual cost to the regulated community is almost $16.4 million. It is estimated that water systems in this Commonwealth will bear almost $930,000 of the total annual cost. Assuming an annual cost reduction of 33.7% as referenced previously, this equates to a total cost savings of over $310,000.
* The EPA has estimated that, Nationwide, the total annual cost to the regulating communities is over $1.5 million. It is estimated that the Department will bear almost $27,000 of the total annual cost. Assuming an annual cost reduction of 33.7% as referenced previously, this equates to a total cost savings of over $9,000.
3. Minor revisions to the LCRMR.
For the LCRMR Rule, the EPA estimated that, Nationwide, public water systems will realize a total cost reduction of over $2.8 million, while the regulating communities will realize a total cost increase of almost $2.2 million. It is estimated that water systems in this Commonwealth will realize a total cost reduction of almost $128,000 while the Department will bear over $39,000 of the total annual cost.
Estimated Net Annual Cost of CCR, PN and LCRMR Rules
Rule Cost to
Pennsylvania
Water Systems
Cost to
DepartmentCCR 950,000 50,000 PN -310,000 -9,000 LCRMR -128,000 39,000 Totals 512,000 80,000 Compliance Assistance Plan
The proposed revisions address monitoring and reporting requirements. As a result, financial assistance should not be necessary.
The Safe Drinking Water Program has established a network of regional and central office training staff that is responsive to identifiable training needs. The target audience in need of training may be program staff and the regulated community. In addition, information or links to the EPA information on each of the regulations is available through the Department's Internet site at www.dep.state.pa.us.
Paperwork Requirements
The proposed revisions address monitoring and reporting requirements. As a result, some changes to forms, reports and other paperwork are expected.
The CCR Rule requires community water systems to prepare and deliver a CCR. Several organizations have developed templates for systems to use when developing their CCRs (such as EPA, AWWA, PRWA). The Rule also requires water suppliers to submit a certification that all provisions have been met. The EPA has also provided a template for this certification form.
Revisions to the PN Rule should result in fewer notices overall. The EPA has provided templates for systems to use when developing public notices.
The LCRMR should result in a reduction in reporting requirements.
G. Sunset Review
This proposed rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 28, 2001, the Department submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by that portion of the proposed amendments to which an objection is made. The Regulatory Review Act specifies detailed procedures for review by the Department, the Governor and the General Assembly before final publication of the amendments.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions, or objections regarding the proposed regulation to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by November 7, 2001. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by November 7, 2001. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by November 7, 2001. A subject heading of the proposal and a return name and address must be included in each transmission.
J. Public Meeting/Hearing
The Board will hold a public meeting/hearing to explain and accept comments on this proposal. The meeting portion of the session will be 1 hour in length and will begin at 6:30 p.m. The hearing portion of the session will be held immediately following the meeting at approximately 7:30 p.m. The date and location of this event is as follows:
October 9, 2001 Sheraton Reading Hotel 1741 Papermill Road Wyomissing, PA Persons wishing to present testimony at the hearing are requested to contact Debra Failor at the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony at the hearing. Each organization is limited to designating one witness to present testimony on its behalf to the hearing.
Persons in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should contact Debra Failor at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
DAVID E. HESS,
ChairpersonFiscal Note: 7-368. (1) General Fund;
Environmental Protections
Operations
(estimate)Environmental Program
(estimate)
(2) Implementing Year 2000-01 is $5,563 $16,687 (3) 1st Succeeding Year 2001-02 is $5,563 $16,687 2nd Succeeding Year 2002-03 is $5,563 $16,687 3rd Succeeding Year 2003-04 is $5,563 $16,687 4th Succeeding Year 2004-05 is $5,563 $16,687 5th Succeeding Year 2005-06 is $5,563 $16,687 Environmental Protection
OperationsEnvironmental Program
Management
(4) 2000-01
Program--$76,598,000 $41,734,000 1999-00
Program--$71,402,000 $40,200,000 1998-99
Program--$70,083,000 $33,123,000 (8) recommends adoption. The State costs will be covered from these two appropriations. An estimated 75% ($66,750) of the costs is expected to be reimbursed by the Federal government.
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