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

The major focus of the proposed revisions to 310 CMR 22.00 is to incorporate Federal Safe Drinking Water Act amendments into the Massachusetts Drinking Water Regulations.  These amendments include one new rule, the Ground Water Rule (GWR), and minor revisions and corrections to the Lead and Copper Rule (LCR).  The GWR is intended to increase protection against potential viral contamination in public water systems (PWS).  The majority of PWSs will be required to test their source water and if necessary install or increase treatment.  LCR revisions include changes to content and delivery of public education treatment.  LCR revisions include changes to content and delivery of public education materials, compliance calculations, and monitoring and reporting requirements.  The GWR will apply to all public water systems using ground water sources (1400 PWSs) and the LCR will apply to all community and non-transient non-community systems (800 PWSs).  Estimated costs for LCR compliance are minimal.  Because the Department's Drinking Water Program has maintained a strong source water protection program through source water assessments, conducting sanitary surveys, and providing technical assistance to systems at risk, the Department estimates that approximately 50 out of 1400 PWSs will be required to install treatment facilities.  If GWR treatment is required, costs could range from $10,000 and greater depending on the system size and type.

To incorporate these federal changes into 310 CMR 22.00 the following sections of the regulations will be changed: 310 CMR 22.06B will incorporate LCR revisions and 310 CMR 22.26 will be added to incorporate the DWR.  Also, corrections to 310 CMR 22.00 have been made based on changes by the Environmental Protection Agency (EPA) to federal rules regarding analytical methods, general requirements, and technical corrections.  These revisions include corrections to 310 CMR 22.01, 22.02, 22.04, 22.07E, 22.07F, 22.16, 22.16A, 22.20A and 22.20G which must be incorporated into the Massachusetts Drinking Water Regulations to comply with state primacy requirements for these rules.  The Department is also making corrections and changes to 310 CMR 22.24, 22.22, 22.19, 22.20B, 22.20C, 22.17, 22.15, 22.11B, 22.05, 22.04, 22.03, 22.02.  These changes clarify requirements for transfer of property, cross connection control, distribution, water supply protection, record maintenance, general reporting to MassDEP, certified operator, Total Coliform Rule, operation, compliance, and general definitions.

These regulations 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 revisions are based on scientific literature and federal regulations.  The proposed changes will reduce ambiguity, clarify, and define responsibility for providing a safe drinking water in the Commonwealth.  Many of the proposed revisions are being made as a result of the Department's primacy commitment with the Federal Environmental Protection Agency.  The regulations are promulgated pursuant to the authority conferred by M.G.L. c.111, s.160 and s.160A.

The hearing will be held as follows:

Monday, August 31, 2009
10:00 a.m.
MassDEP Western Regional Office
436 Dwight Street
Springfield, MA 01103

Monday, August 31, 2009
2:00 p.m.
MassDEP Central Regional Office
627 Main Street
Worcester, MA 01608

Tuesday, September 1, 2009
10:00 a.m.
MassDEP Southeast Regional Office
20 Riverside Drive
Lakeville, MA 02347

Tuesday, September 1, 2009
2:00 p.m.
MassDEP Northeast Regional Office
205B Lowell Street
Wilmington, MA 01887

Persons planning to give oral testimony at the hearing are encouraged to provide written summary thereof.  Written comments by any person may be submitted before, during, or after the hearing, but no later than September 11, 2009, 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 the DEP's Boston and Regional offices or by accessing MassDEP's web site at: www.state.ma.us/dep/service/regulations/newregs.htm#gwrlcr.