Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending 12VAC5-590, Waterworks Regulations. The purpose of the proposed action is to comprehensively update the Waterworks Regulations to ensure they are clear, concise, and technically correct, which will facilitate the permitting, design, construction, and operation of waterworks in Virginia. The goal of the regulatory action is to establish requirements for the basic design, construction, and operation of waterworks and to set enforceable standards for water quality to ensure waterworks provide safe and reliable drinking water that protects public health.

The Virginia Department of Health-Office of Drinking Water, the Waterworks Advisory Committee to the State Health Commissioner, and a regulatory advisory panel consisting of waterworks stakeholders collectively recommended that Parts I and III of the Waterworks Regulations be updated in the areas of waterworks permitting, design, and construction, and Part II be amended to clarify operating requirements and improve readability. The amendments to Part II will not change the requirements necessary for Virginia to retain primary enforcement responsibility for waterworks. This regulatory action will follow the recommendations and incorporate (i) current water treatment processes, (ii) current monitoring and control technologies, (iii) changes to water consumption patterns resulting from shifts in consumer use and water-saving plumbing fixtures, (iv) changes to source water quality and availability due to increased water demands, and (v) new state law and regulations governing source water supply planning and withdrawal.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 32.1-12 and 32.1-170 of the Code of Virginia; 42 USC § 300f et seq.; 40 CFR Parts 141, 142, and 143.

Public Comment Deadline: November 29, 2017.

Agency Contact: Robert A. K. Payne, Compliance Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7498, or email rob.payne@vdh.virginia.gov.