Maximum Contaminant Levels (MCLs)
NY-ADR
8/26/20 N.Y. St. Reg. HLT-30-19-00006-A
NEW YORK STATE REGISTER
VOLUME XLII, ISSUE 34
August 26, 2020
RULE MAKING ACTIVITIES
DEPARTMENT OF HEALTH
NOTICE OF ADOPTION
I.D No. HLT-30-19-00006-A
Filing No. 492
Filing Date. Aug. 13, 2020
Effective Date. Aug. 26, 2020
Maximum Contaminant Levels (MCLs)
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Subpart 5-1 of Title 10 NYCRR.
Statutory authority:
Public Health Law, section 225
Subject:
Maximum Contaminant Levels (MCLs).
Purpose:
Incorporating MCLs for perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS) and 1,4-dioxane.
Text or summary was published
in the July 24, 2019 issue of the Register, I.D. No. HLT-30-19-00006-P.
Final rule as compared with last published rule:
No changes.
Revised rule making(s) were previously published in the State Register on
January 22, 2020.
Text of rule and any required statements and analyses may be obtained from:
Katherine Ceroalo, DOH, Bureau of Program Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-7488, email: [email protected]
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2023, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The New York State Department of Health (Department) received over 2,000 comments from public water suppliers, local health departments, chemical manufacturers, local and State elected officials, environmental advocacy groups, the New York Section of the American Water Works Association (AWWA), the New York Association of State and County Health Officials (NYSACHO) and members of the public, on the revised rulemaking amending Subpart 5-1 of Title 10 of the New York State Codes, Rules and Regulations (NYCRR).
A large number of comments requested a lowering of the proposed PFOA and PFOS maximum contaminant levels (MCLs) to less than 2 parts per trillion (ppt) combined for PFOA and PFOS. In addition, these commenters requested that the MCL for 1,4-dioxane be lowered to 0.3 or 0.35 parts per billion (ppb). Additional commenters questioned the scientific understanding of the Advanced Oxidation Process, used to treat 1,4 -dioxane contamination.
Based on the comments received, the Department has made no revisions to the revised rulemaking.
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