20060809-IR-327060280FNA The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rule 327 IAC 2-11-6 concerning the numeric criteria for arsenic in the ground water quality sta...

TITLE 327 WATER POLLUTION CONTROL BOARD

FIRST NOTICE OF COMMENT PERIOD

LSA Document #06-280(WPCB)

DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING GROUND WATER QUALITY STANDARDS FOR ARSENIC

PURPOSE OF NOTICE

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rule 327 IAC 2-11-6 concerning the numeric criteria for arsenic in the ground water quality standards. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

CITATIONS AFFECTED: 327 IAC 2-11-6.

AUTHORITY: IC 13-18-3-1; IC 13-18-4-1; IC 13-18-4-3; IC 13-18-4-4; IC 13-18-4-5; IC 13-18-17-5.

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING

Basic Purpose and Background

IC 13-18-17-5(a)(3) requires the Water Pollution Control Board to adopt rules concerning ground water quality standards to establish health protection goals for untreated water in water supply wells. The federal maximum contaminant level (MCL) for arsenic in drinking water was reduced from 0.05 mg/L to 0.010 mg/L in January 2006. Since the federal MCL has been reduced, IDEM is reducing the numeric criteria for arsenic as a health protective goal for untreated ground water used as drinking water, which is also the maximum permissible level of a contaminant in drinking water class ground water.

Alternatives To Be Considered Within the Rulemaking

Since the federal MCL for arsenic in drinking water has been reduced from 0.05 mg/L to 0.010 mg/L, in order to meet the requirement specified in statute, the numeric criteria for arsenic as a health protective goal in the ground water quality standards should also be reduced from 0.05 mg/L to 0.010 mg/L. If the statutory requirement in IC 13-18-17-5(a) to establish health protection goals for untreated water in water supply wells is to be met, no alternatives to doing the rulemaking exist.

Applicable Federal Law

40 CFR 141.23 sets the federal MCL for arsenic at 0.010 mg/L.

Potential Fiscal Impact

It is anticipated that there will be little to no economic effect. The main impact will be to sites undergoing remediation. All sites currently testing their monitoring wells for arsenic will have to test to the 0.010 mg/L standard. Some sites may have to change their laboratories if their current laboratory cannot test to the new limit. Facilities currently in remediation may need to conduct additional testing to show background levels of arsenic if existing tests are not to the new limit. There may be a charge to those facilities to explain deviations to the Office of Land Quality program area overseeing their remediation.

Small Business Assistance Information

IDEM established a compliance and technical assistance program (CTAP) under IC 13-28-3. The program provides assistance to small businesses and information regarding compliance with environmental regulations. In accordance with IC 13-28-3 and IC 13-28-5, there is a Small Business Assistance Program Ombudsman to provide a point of contact for small businesses affected by environmental regulations. Information on the CTAP program, the monthly CTAP newsletter, and other resources available can be found at www.in.gov/idem/compliance/ctap.

Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

Sandra El-Yusuf

IDEM Compliance and Technical Assistance Program

OPPTA - MC60-04

100 N. Senate Avenue

W-041

Indianapolis, IN 46204-2251

[phone]

[e-mail]

The Small Business Assistance Program Ombudsman is:

Eric Levenhagen

IDEM Small Business Assistance Program Ombudsman

External Affairs - MC50-01

100 N. Senate Avenue

IGCN 1301

Indianapolis, IN 46204-2251

[phone]

[e-mail]

Public Participation and Workgroup Information

At this time, no workgroup is planned for the rulemaking. If you feel that a workgroup or other informal discussion on the rule is appropriate, please contact Rebecca Schmitt, Rules Development Section, Office of Water Quality, at [phone] or [phone] (in Indiana).

STATUTORY AND REGULATORY REQUIREMENTS

IC 13-14-8-4 requires the board to consider the following factors in promulgating rules:

(1) All existing physical conditions and the character of the area affected.

(2) Past, present, and probable future uses of the area, including the character of the uses of surrounding areas.

(3) Zoning classifications.

(4) The nature of the existing air quality or existing water quality, as the case may be.

(5) Technical feasibility, including the quality conditions that could reasonably be achieved through coordinated control of all factors affecting the quality.

(6) Economic reasonableness of measuring or reducing any particular type of pollution.

(7) The right of all persons to an environment sufficiently uncontaminated as not to be injurious to human, plant, animal, or aquatic life or to the reasonable enjoyment of life and property.

REQUEST FOR PUBLIC COMMENTS

At this time, IDEM solicits the following:

(1) The submission of alternative ways to achieve the purpose of the rule.

(2) The submission of suggestions for the development of draft rule language.

Mailed comments should be addressed to:

#06-96 (WPCB) [Ground Water Quality Standards Revisions]

Rebecca Schmitt

Rules Development Section

Office of Water Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, Indiana 46204.

Hand delivered comments will be accepted by the IDEM receptionist on duty at the twelfth floor reception desk, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Indianapolis, Indiana.

Comments may also be submitted by facsimile at the IDEM fax number: [phone], Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rules Development Section at [phone].

COMMENT PERIOD DEADLINE

Comments must be postmarked, faxed, or hand delivered by September 8, 2006.

Additional information regarding this action may be obtained from Rebecca Schmitt, Rules Development Section, Office of Water Quality, [phone] or [phone] (in Indiana).

Bruno Pigott

Assistant Commissioner

Office of Water Quality

Posted: 08/09/2006 by Legislative Services Agency

DIN: 20060809-IR-327060280FNA

Composed: Oct 31,2016 11:28:17PM EDT

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