1951 Notice of comments issued

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[33 Pa.B. 4985]

   Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Commission may issue comments within 30 days of the close of the Committee comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

   The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Reg. No.	Agency/Title	Close of the Public Comment Period	IRRC Comments Issued
7-384	Environmental Quality Board    Safe Drinking Water;       Long Term 1       Enhanced Surface Water       Treatment Rule	8/25/03	9/24/03
	(33 Pa.B. 3609 (July 26, 2003))

____

Environmental Quality Board Regulation No. 7-384

Safe Drinking Water; Long Term 1 Enhanced Surface Water Treatment Rule

September 24, 2003

   We submit for consideration the following comments that include references to the criteria in the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The Environmental Quality Board (EQB) must respond to these comments when it submits the final-form regulation. The public comment period for this regulation closed on August 25, 2003. If the final-form regulation is not delivered within 2 years of the close of the public comment period, the regulation will be deemed withdrawn.

1.  General.--Consistency with Federal regulations; Clarity.

   The Environmental Protection Agency (EPA) Region 3 submitted comments dated August 21, 2003, suggesting five areas where language should be added to the proposed rulemaking. These changes are intended to bring the regulation into greater consistency with the Federal regulations. Comments and concerns raised by EPA Region 3 are included by reference in the Commission's comments.

2.  Section 109.301(1). Performance monitoring for filtration and disinfection.--Clarity.

   The existing language in subparagraph (iv) applies only to water suppliers serving 10,000 or more people. The proposed rulemaking adds new language that applies to suppliers serving fewer than 10,000 people. We have questions in two areas.

   First, at the end of the second sentence in subparagraph (iv)(C), EPA Region 3 suggested adding the phrase: ''before a violation is incurred.'' This is consistent with Federal regulations for public water suppliers serving fewer than 10,000 people. However, suppliers serving fewer than 10,000 people have a maximum of 14 days following failure of monitoring equipment to repair or replace it before a violation is incurred. The first sentence in this subparagraph states that suppliers serving 10,000 or more people have a maximum of 5 working days to repair or replace equipment after a failure. It is unclear whether the phrase ''before a violation is incurred'' would apply to suppliers serving 10,000 or more people. If it does, the EQB should add this phrase to the end of the first sentence in the final-form rulemaking.

   Second, each provision in subparagraph (iv) will now apply to both larger and smaller suppliers under the amendments in this proposed rulemaking. The only exception is found in subparagraph (iv)(C). As previously noted, the existing language applies one standard to larger suppliers and the proposed rulemaking adds new language that applies only to the smaller suppliers. The EQB should consider creating a subparagraph (iv)(D) and placing the separate and distinct requirement for suppliers serving fewer than 10,000 people in subparagraph (iv)(D).

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 03-1951. Filed for public inspection October 3, 2003, 9:00 a.m.]