New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-6 - Bottled And Bulk Water Standards › Section 5-6.10 - Maximum contaminant levels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The MCLs listed in section
				  5-6.11  of this
				  Subpart shall not be exceeded.
(b)
				  The owner or operator of the bottled or bulk water facility is responsible for
				  completion of the sampling and analytical requirements set forth in this
				  Subpart. At the discretion of the State, analyses performed by the State may be
				  used for monitoring purposes.
(c)
				  If the result of a monitoring sample analysis exceeds the MCL for a physical
				  contaminant, except for turbidity or an inorganic chemical contaminant, except
				  for nitrate, the owner or operator of the bottled or bulk facility shall
				  collect and analyze three more samples from the same production run, when
				  feasible, but no later than 24 hours of learning of a potential violation. An
				  MCL violation occurs when the average, rounded to the same number of
				  significant figures as the MCL in question, of the four results exceeds the
				  MCL. For nitrate, the owner or operator of the bottled or bulk water facility
				  shall collect and analyze one more sample from the production run, when
				  feasible, but no later than 24 hours of learning of a potential violation. An
				  MCL violation occurs when the average of the two results exceeds the
				  MCL.
(d) If the result of a
				  monitoring sample analysis exceeds the MCL for the general organic chemical
				  contaminants, the owner or operator of the bottled or bulk facility shall
				  collect and analyze one to three more samples from the same production run,
				  when feasible, but no later than 24 hours of learning of a potential violation.
				  An MCL violation occurs when at least one of the confirming samples is positive
				  and the average of the initial sample and all the confirming samples exceeds
				  the MCL.
(e) The commissioner may
				  exempt bottled water from the chemical and radiological MCLs based on
				  justification, submitted by the owner or operator of the bottled water
				  facility, that granting of the exemption would not result in public health
				  hazard. If an exemption is granted, an appropriate label, approved by the
				  commissioner, shall be conspicuously placed on all bottles and/or containers of
				  such exempted bottled water produced, distributed and/or sold within New York
				  State in accordance with section 56.12(b) of this Subpart.
(f) All analyses for general organic
				  chemicals must be performed in accordance with the U.S. Environmental
				  Protection Agency (EPA) Methods 502.1, 503.1, 524.1, 524.2 or 502, at a
				  detecton limit not to exceed 0.0005 milligrams per liter. If the State has
				  reason to believe that an MCL has been violated, the potenial exists for an MCL
				  violation or the contaminant may present a risk to public health, principal
				  organic contaminant analyses shall also include EPA Methods 504, 625, 604, 605,
				  608, 609, 611 or 612, as appropriate. EPA Methods 502.1, 503.1, 524.1, 524.2,
				  502.2 and 504 mean, respectively, "Volatile Halogenated Organic Compounds in
				  Water by Purge and Trap Gas Chromatography;" "Volatile Aromatic and Unsaturaed
				  Organic Compounds in Water by Purge and Trap Gas Chromatography;" "Volatile
				  Organic Compounds in Water by Purge and Trap Gas Chromatography/Mass
				  Spectrometry;" "Volatile Organic Compounds in Water by Purge and Trap Capillary
				  Column Gas Chromatography/Mass Spectrometry," "Volatile Organic Compounds in
				  Water by Purge and Trap Capillary Gas Chromatography with Photoionization and
				  Electrolytic Conductivity Detectors in Series;" and "Measurement of
				  1,2-Dibromoethance (EDB) and 1,2-Dibromo-3- chloropropane (DBCP) in Drinking
				  Water by Microextraction and Gas Chromatography." These methods are contained
				  in "Methods for Determination of Organic Compounds in Finished Drinking Water
				  and Raw Source Water," September 1986. Copies of this publication can be
				  obtained from Environmental Monitoring and Support Laboratory, EPA, Cincinnati,
				  OH 45268, and a copy is available for inspection and copying at the offices of
				  the Records Access Officer of the Department of Health, Corning Tower, Empire
				  State Plaza, Albany, NY 12237. EPA Methods 604, 605, 608, 609, 611, 612 and 625
				  mean respectively "Methods for Organic Chemical Analysis of Municipal and
				  Industrial Wastewater; Method 604 - Phemols; Method 605 - Benzidines; Method
				  608 -Organochlorine Pesticides and PCBs; Method 609 - Nitroaromatics and
				  Isophorone; Method 611 - Haloethers; Method 612 - Chlorinated Hydrocabons; and
				  Method 625 - Base/Neutrals and Acids." These methods are contained in  40 CFR
				  Part 136  as published in the Federal Register, Volume 49, page 43250, No. 209,
				  Friday, October 26, 1984. Copies of this publication are available from U.S.
				  Environmental Protection Agency, Public Information Reference Unit, 401 M
				  Street, SW, Washington, DC 20460 and a copy is available for inspection and
				  copying at the offices of the Records Access Officer of the Department of
				  Health, Corning Tower, Empire State Plaza, Albany, NY 12237.