Notice is hereby given pursuant to the requirements of MGL Chapter 30A, that the Massachusetts Department of Environmental Protection will hold public hearings on proposed revisions to 310 CMR 22.00: Drinking Water.

The major focus of the proposed revisions to 310 CMR 22.00 addresses the amendment to the Safe Drinking Water Act in 2006 to include two new rules, the Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) and the Stage 2 Disinfection Byproducts Rule (Stage 2DBPR). These rules address more stringent disinfection byproducts standards and will supplement existing regulations by targeting additional Cryptosporidium treatment requirements to higher risk systems. The LT2ESWTR will apply to all systems that use surface water or ground water under the direct influence of surface water. Stage 2DBPR will apply to all public water systems that disinfect. To incorporate these two federal rules into 310 CMR 22.00 the following sections of the regulations will be changed: 310 CMR 22.07F will incorporate Stage 2 DBPR and 310 CMR 22.20G will be added to incorporate the LT2ESWTR. Also, corrections have been made based on changes by the Environmental Protection Agency (EPA) to their rules and requirements arising out changes to analytical methods, changes to their rules made by EPA, and technical corrections made by EPA. These revisions include corrections to 310 CMR 22.01, 22.02, 22.05, 22.06, 22.06A, 22.06B, 22.07A, 22.07B, 22.07D, 22.07E, 22.08, 22.09A, 22.16, 22.16A, 22.17, and 22.20A which must be incorporated into the Massachusetts Drinking Water Regulations to comply with state primacy for these rules. The Department is also making corrections to 310 CMR 22.01, 22.02, 22.04, and 310 CMR 22.15. These changes incorporate emergency response requirements, a date for perchlorate sampling, definitions for terms used in the regulations, and past guidance/policy requirements that are the same as other national drinking water programs.

These proposed revisions are intended to promote the public health and general welfare by ensuring that public water systems in Massachusetts provide to the user water that is safe and fit to drink. The LT2ESWTR will reduce illness linked with Cryptosporidium and other disease-causing microorganisms in drinking water. These pathogens can cause gastrointestinal illness, which may be severe and sometimes fatal for people with weakened immune systems (which may include infants, the elderly, and people who have AIDS). The Stage 2DBPR limits exposure to disinfection byproducts, which are formed when disinfectants react with naturally occurring materials in water (e.g. decomposing plant material). These byproducts, if consumed in excess of the standard over many years, may lead to increased health risks potentially associated with cancer, particularly bladder cancer.

The hearings will be held as follows:

Wednesday, November 28, 2007
10:00 a.m.
MassDEP Western Regional Office
436 Dwight Street
Springfield, MA

Wednesday, November 28, 2007
2:00 p.m.
MassDEP Central Regional Office
627 Main Street
Worcester, MA

Thursday, November 29, 2007
10:00 a.m.
MassDEP Southeast Regional Office
20 Riverside Drive
Lakeville, MA

Thursday, November 29, 2007
2:00 p.m.
MassDEP Northeast Regional Office
205B Lowell Street
Wilmington, MA

Persons planning to give oral testimony at the hearing are encouraged to provide a written summary thereof.  Written comments by any person may be submitted before, during, or after the hearing, but no later than December 10, 2007, when the hearing record will close.  Questions about the hearing and public comments on the proposed regulations should be directed to David Terry, Program Director, Drinking Water Program, One Winter Street, 5th Floor, Boston, MA 02108, 617-292-5529. The proposed revised regulations will be made available for review at MassDEP's Boston and Regional offices and on the MassDEP Website at http://www.mass.gov/dep/service/regulations/newregs.htm.

Date: October 19, 2007

BY ORDER OF: Laurie Burt, Commissioner
Department of Environmental Protection