Last week on Thursday, February 16, 2017, the New York State Department of Health held a webinar to discuss the revisions of 10 NYCRR 5-1. This was also published in the State Register for public comment. If you wish to view the webinar you can do so by clicking the link below to play it:
Revisions to 10 NYCRR Subpart 5-1, Drinking Water Supplies (Subpart 5-1) Summary of Revisions- Subpart 5-1 is being revised to incorporate all requirements in order for the New York State Department of Health (NSDOH) can get primacy from EPA for enforcement of the rules, and to ensure that the regulations are consistent with the NYS Public Health Law. • Federal Regulations- incorporating current EPA rules – Lead and Copper Rule – Minor and Short Term Revisions only – Long Term 2 Enhanced Surface Water Treatment Rule (LT2 ESWTR) – Stage 2 Disinfectants and Disinfection Byproducts Rule (Stage 2) – Variances and Exemptions • State Regulations- making regulations consistent with revised Public Health Law – Cross Connection Control – Water Supply Emergency Plans • General Revisions – Appendix 5-C and Miscellaneous Revisions to update references and correct errors. Analytical Methods will no longer be in Part 5 but are available from the NYSDOH Environmental Laboratory Approval Program (ELAP). Estimated Time Line for Adoption of Revisions to Subpart 5-1 Step in Rulemaking Process Target Date for Completion Submitted to Department of State (DOS) for publication in State Register 01/31/2017, Completed (for publication on 2/15/2017) Notice for Public Comment published in State Register 02/15/2017. Final date for submission of written comments to Department of Health (6 weeks needed for public comment period) 04/01/2017 Approval by Commissioner and Public Health & Health Planning Council 06/08/20171 Notice of Adoption to DOS 06/13/20171 (for 06/28/2017 publication) Notice of Adoption published in State Register 06/28/2017 Submission of Primacy Package for these Rules to EPA Region 2 7/28/2017 EPA Primacy Estimated December 2017 Enforcement No changes to the current enforcement protocol will be made until EPA formally grants primacy for enforcement. The field will be notified when primacy is granted and NYSDOH is responsible for enforcement. Revised Total Coliform Rule (RTCR) Changes to Subpart 5-1 will be made in a separate regulatory and primacy package.