Public Water Systems–Revised Total Coliform Rule
NY-ADR
5/16/18 N.Y. St. Reg. HLT-06-18-00005-A
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 20
May 16, 2018
RULE MAKING ACTIVITIES
DEPARTMENT OF HEALTH
NOTICE OF ADOPTION
I.D No. HLT-06-18-00005-A
Filing No. 393
Filing Date. Apr. 26, 2018
Effective Date. May. 16, 2018
Public Water Systems–Revised Total Coliform Rule
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:
Public Water Systems–Revised Total Coliform Rule.
Purpose:
To increase public health protection by reducing exposure to contaminants in drinking water.
Substance of final rule:
These amendments are necessary for the Department to maintain primacy for delivery, oversight and management of New York State’s public drinking water supply program and to ensure consistency with the Revised Total Coliform Rule (RTCR) promulgated by the United States Environmental Protection Agency (EPA).
The RTCR builds on the Total Coliform Rule (TCR) by requiring all public water systems (PWS) to assess indicators of coliform contamination, and to take corrective action when necessary. Under these amendments, there is no longer a Maximum Contaminant Level (MCL) for total coliform, and follow up sampling requirements for total coliform-positive (TC+) samples have been reduced. Three repeat samples following a routine TC+ sample are now required, instead of four. These amendments also require a PWS that is vulnerable to microbial contamination to conduct an assessment to determine why it is vulnerable, and to take corrective action. There are two levels of assessments (designated Level 1 and Level 2) relating to the severity or frequency of the vulnerability to contamination. These assessments must be conducted within 30 days by the PWS or by the Local Health Department (LHD), depending on the level of assessment.
A technical change is also being made to Subpart 7-5 of the State Sanitary Code to make Subpart 7-5 consistent with the changes regarding the RTCR.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 5-1.1(j), 5-1.52 Table 6, Footnote 2, 5-1.52 Table 11, Footnote 7.
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]
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Changes made to the last published rules do not necessitate revision to the previously published Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The agency received no public comment.
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