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Safe Drinking Water Act(SDWA) Protecting Public Health

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SDWA

Ground

Water

Ground Water

used as

Drinking Water

Surface

Water

Used as

Drinking

Water

Surface Water Used for

Industrial Uses, Recreation,

Wildlife Habitat, and Fishing

CWA

Two Major Water Statutes

Wastewater Discharges

Water SystemsWastewater

Treatment Plants

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Drinking Water Issues and

Related Risks

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S Acute Health Risks – short term exposure causes immediate effects (e.g., digestive problems, death)S Bacteria (e.g., E.coli)

S Viruses (e.g., Hepatitis-B)

S Protozoa (e.g., Cryptospordium, Giardia)

S Nitrate (methemoglobinemia --Blue Baby syndrome)

S Chronic Health Risks - long term exposure often has cumulative lag in effects (e.g. cancer, organ failure)S Chemicals: inorganics (e.g., arsenic), synthetic organics (e.g., pesticides),

and volatile organics (e.g., benzene)

S Disinfectants and byproducts (e.g., chlorine, chloroform)

S Radiation (e.g., radium 226 and 228, uranium)

The Problem: A range of public health risks in

drinking water

Crypotosporidum

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Risks to Sources of Drinking Water

S Point Sources

S Publicly Owned Treatment Works (POTWs)

S Industrial Discharges

S Septic Systems

S Polluted Runoff

S Urban

S Agriculture

S Forestry

S Mining

S Air Pollutant Deposition

S Changing Landscapes

Harmful Algal Blooms (HABs)

S Harmful algal blooms are a major environmental problem in throughout the nation.

HABs cause severe impacts on human health, aquatic ecosystems and the economy.

S Communities across the country, both big and small, continue to be vulnerable to

drinking water shut downs due to harmful algal blooms

S EPA’s drinking water Health Advisories (HA) identify non-regulatory concentrations of

two cyanotoxins (Microcystin & Cylindrospermopsin) at or below which adverse human

health effects are not anticipated to occur over a 10-day exposure period.

S EPA recently published a cyanotoxin management document to assist states, tribes and

utilities to:

S Evaluate their source water vulnerability to contamination by cyanotoxins

S Provide a potential stepwise approach that public water systems could use to inform their

decisions on whether and how to monitor and treat for cyanotoxins and communicate with

stakeholders

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The Evolution of DW Quality Oversight

S Pre-SDWAS Enforceable standards for Interstate Carriers

S Unenforceable Public Health Service Guidelines

S 1974: Safe Drinking Water Act enactedS Authorized EPA to establish national enforceable standards and require

monitoring

S Established 3 programs: Public Water System Supervision (PWSS), Underground Injection Control (UIC), Sole Source Aquifer (SSA)

S 1986 AmendmentsS Accelerated pace of DW standards (83 by 1989 and 25 new every 3

years)

S Required filtration and disinfection for surface water and established wellhead protection programs for ground water

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Today: A Multiple Barrier Approach to Public

Health Protection

S 1996 SDWA Amendments emphasized comprehensive public health protection

from the source of drinking water to the tap

S Contamination prevention and source protection

S Risk-based standard setting and treatment

S Increased funding and emphasis on capacity

S Strengthened enforcement

S Public participation and right-to-know

S 2002 Public Health Security and Bioterrorism Response Act

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Roles and Responsibilities under

SDWA

EPA sets health-based drinking

water standards

States or Tribes with primacy

implement standards.

Public water systems are the

regulated entity

Costs of compliance are passed

through to consumers

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Four

Components4. Transmission,

Distribution &

Pumping Facilities

1. Source

2. Treatment

3. Storage

Characteristics of Public Water

Systems

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S Public Water Systems (PWS’s) serve

S 15 connections or

S 25 people per day

S at least 60 days per year

S EPA has defined three types of public water systems:

S Community Water System (CWS): A public water system that supplies water to the same

population year-round.

S Non-Transient Non-Community Water System (NTNCWS): A public water system that

regularly supplies water to at least 25 of the same people at least six months per year,

but not year-round. (schools, factories, office buildings, and hospitals )

S Transient Non-Community Water System (TNCWS): A public water system that provides

water in a place such as a gas station or campground where people do not remain for

long periods of time.

Public Water Systems

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Programmatic Components of

the SDWA

S Health-based Standards

S Risk-based standard setting

S Implementation Tools

S State or Tribal Implementation, Compliance and Enforcement

S DWSRF, Capacity Development, Operator Certification

S Contamination Prevention Programs

S Source Water Protection, Underground Injection Control

S Water Security

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Health-based Standards: Drinking

Water Regulatory Updates

Slides Contributed by: Phil Oshida, Deputy Director

Standards and Risk Management Division

Office of Ground Water and Drinking Water

Outline

S Provide update on the various Drinking Water Regulatory Processes Currently Underway

S Contaminant Prioritization

S Contaminant Candidate List (CCL)

S Regulatory Determinations for CCL

S Unregulated Contaminant Monitoring Regulation (UCMR)

S Review of Existing Regulations (aka - Six Year Review)

S Questions?

Contaminant Candidate List

Background

S 1996 SDWA Amendments require EPA to publish a list of unregulated

contaminants (the CCL) which may require regulation and are known or

anticipated to occur in public water supplies every 5 years.

S In developing the list, SDWA also specifies that EPA:

S Consider substances listed on CERCLA and FIFRA.

S Consult with scientific community including Science Advisory Board (SAB).

S Provide an opportunity for public comment.

Contaminant Candidate List

Background

S CCL 1 - Listed 60 contaminants; published final in FR

- March 1998.

S CCL 2 - Listed 51 contaminants; published final in FR

- Feb 2005.

S CCL 3 - Listed 116 contaminants (104 chemicals and

12 microbiological contaminants); published final in

FR - Oct 2009.

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Status of CCL 4

S Draft CCL 4 published on February 4, 2015.

S Lists 112 contaminants (100 chemical & 12 Microbial)

S Implemented NAS & NDWAC recommended process; represents significant

steps forward for improving our approach to identifying contaminants (more

comprehensive, data driven, reproducible process).

S Public comment period closed April 6, 2015. Received 177 letters, which

we are currently evaluating.

CCL Regulatory

Determinations

SDWA requires EPA to publish a Maximum Contaminant Level Goal (MCLG) and

promulgate an NPDWR for a contaminant if the Administrator determines that -

S The contaminant may have an adverse effect on the health of persons

S The contaminant is known to occur or there is substantial likelihood that the

contaminant will occur in public water systems with a frequency and at levels of

public health concern;

S In the sole judgment of the Administrator, regulation of such contaminant

presents a meaningful opportunity for health risk reduction for persons served by

public water systems

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SDWA Section 1412(b)(1)

Regulatory Determination

Outcomes

S Positive Determination

S Affirmative determination for all three criteria.

S Begin process to develop a drinking water regulation.

S Negative Determination

S Negative determination for any one the three criteria.

S No action taken to develop a drinking water regulation.

S If some occurrence is found in public water systems, we have the option

of developing and/or updating a health advisory*.

*Health Advisory (HA) - an estimate of the acceptable drinking water levels for a chemical substance based on health effects

information; an HA is not a Federal legally enforceable standard, but serves as technical guidance for Federal, State, Tribal and

local officials. EPA has HA values for > 165 chemical; ~ 70 regulated and ~ 95 unregulated chemicals have HA values.

# Outcome

1

2 x

3 x

Background and Status of

Regulatory Determinations

S Regulatory Determinations for CCL 1

S March 1998 - Published CCL 1 and listed 60 contaminants.

S July 2003 - Published final determination “not to regulate” 9 of the 60 contaminants.

S Regulatory Determinations for CCL 2

S February 2005 – carried forward 51 remaining CCL 1 contaminants onto CCL 2.

S July 2008 – Published final determination “not to regulate” 11 of the 51 contaminants (the 11 are listed in Appendix B).

S Regulatory Determinations for CCL 3

S October 2009 – 116 contaminants (104 chemicals and 12 microbiological contaminants)

S October 2014 – preliminary regulatory determinations for five contaminants listed on CCL3

S Final regulatory determinations in 2015.

What is the Unregulated Contaminant

Monitoring Regulation (UCMR) Program?

S First established under the 1986 SDWA

S Updated per 1996 SDWA amendments

S Monitoring occurs in 5-year cycle

S No more than 30 contaminants per cycle

S Sampling at all large systems and representative sample of small systems

S Storing analytical results in a National Contaminant Occurrence Database

(NCOD)

S Provides occurrence data for reg. determinations

S UCMR1 from 2001-2005

S UCMR2 from 2007-2011

S UCMR3 from 2012-2016

Background and Status of

Six Year Review

S Required to review and, if appropriate, revise existing NPDWRs every six years. Any

revision shall maintain or provide for greater protection of public health.

S Completed 1st Six Year Review in 2003; Reviewed 69 NPDWRs and made decision to

revise Total Coliform Rule (TCR).

S Completed 2nd Six Year Review in 2010 on 71 NPDWRs;

S Expect to publish 3rd Six Year Review in 2016.

Revised Total Coliform Rule

(RTCR)

S Published in February 2013

S RTCR is a revision of the 1989 Total Coliform Rule (TCR)

S Same purpose of the TCR- protect public health by:

S Ensuring the integrity of the drinking water distribution system

S Monitoring for the presence of microbial contamination

S Applies to all PWS

S All PWS must comply with the rule requirements starting on April 1,

2016

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In Brief: What are the RTCR

Requirements PWSs Need to Comply

with?

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RTCR1. Contaminant

Levels

(MCLG & MCL)

2. Monitoring

3. Find And Fix (Level 1 & Level 2 Assessments and

corrective actions)

4. Reporting and Recordkeeping

5. Violations, Public

Notification, and Consumer Confidence

Reports

NEW !!!

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Implementation Tools

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Implementation Tools: Programmatic Components of the Safe

Drinking Water Act

S State and Tribal Implementation, Compliance and Enforcement

S PWSS

S DWSRF

S Assessing Utility Needs

S Capacity Development

S Operator Certification

S Consumer Information

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Implementation and Tools

S Focus on maintaining robust state and tribal programs

S EPA works with partners to provide technical assistance and training

S Targeted enforcement and compliance measures where needed

S Make use of new tools made available through 1996 Amendments

Public Water System Supervision

(PWSS) Program (§ 1413)

S States with primacy have primary enforcement responsibility for their drinking water programs

S 49 States have primacy (Wyoming, DC do not); Navajo was 1st Tribe to receive primacy in Fall 2000

S EPA is responsible for implementing individual rules until States and Tribes receive primacy

S For each new regulation, States and Tribes must apply to receive primacy authority - must adopt standards “at least as stringent” as federal standard

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PWSS Program on tribes

S The Public Water System Supervision (PWSS) program was authorized

by Congress in the 1974 Safe Drinking Water Act (SWDA) to establish

and enforce health protection standards for the drinking water produced

by water systems that serve the public throughout the country.

S The SDWA authorized EPA to delegate "primary enforcement

responsibility" (Primacy) for the PWSS program to states as long as they

meet certain requirements.

S The SDWA amendment in 1986 allowed Indian tribes to be treated as

states (TAS) and assume PWSS primacy as long as they meet the

necessary requirements.

S In cases where tribes do not seek and assume primacy, EPA, through its

Regional offices, serves as the primacy agent and implements the PWSS

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PWSS Tribal Support Grants

S 1986 SDWA amendment allowed EPA to make grants to tribes that

wanted to develop, and carry out, PWSS programs.

S In FY1989, EPA began reserving a portion of the funds that Congress

annually makes available for state PWSS programs to carry out the

PWSS programs on tribal lands.

S The reserved funds are used for three purposes:

S Grants to tribes that have received PWSS primacy;

S Activities that will assist tribes in developing programs that will eventually lead

to primacy; and

S Assist EPA's Regional offices in directly implementing a PWSS program on

tribal lands (in the absence of a delegated tribal program).

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Tribal PWSS Program Funding

Allocations

S In FY14, the Tribal PWSS program was funded at

$6,562,000.

S In FY15, the Tribal PWSS program was funded at

$6,520,000.

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Drinking Water State Revolving

Fund

Statutory Background and Role of the

Drinking Water State Revolving Fund

S 1996 Amendments: Section 1452

S The DWSRF program is intended to integrate with SDWA programs to achieve national goals for public health protection

S Drinking Water Needs Survey required every 4 years

S National estimate of capital infrastructure needs to meet public health goals of SDWA

S Results used to create allotment formula for annual DWSRF funding to states

S Focus on compliance with federal standards and priority order

S Limits on funding reflect policy

S Growth/fire protection as primary purpose is ineligible

S No dams, reservoirs or water rights

S Focus on system performance

S Operator certification program

S Capacity development – small system support

DWSRF Tribal Set-Aside

Program

S The Safe Drinking Water Act (SDWA), as amended in 1996, authorized

EPA to set-aside up to 1½ percent, of the amount available for the

DWSRF for grants to improve the infrastructure of drinking water

systems that serve Indian tribes.

S Starting in FY2010 through appropriation law, EPA increased the

drinking water tribal infrastructure program funds to 2 percent, of the

amount available for the DWSRF grants.

S Through this authority, EPA established the Drinking Water

Infrastructure Grants Tribal Set-Aside (DWIG TSA) Program.

Drinking Water Infrastructure

Grants Tribal Set-Aside (DWIG

TSA) Program

S The DWIG TSA grant funds projects at eligible community water systems, and non-profit non-community water systems, that serve a tribal population.

S Most types of projects that improve the health of the public being served

by the drinking water system are eligible for funding. Examples are

projects that:

S rehabilitate or develop a source of drinking water, or

S install or upgrade treatment, storage, or transmission facilities.

S Funds may also be used to conduct project feasibility studies, engineering

design work, and for project administration.

Drinking Water Infrastructure

Grants Tribal Set-Aside (DWIG

TSA) Program

S Any federally recognized Indian tribe is eligible to receive a project grant through the program.

S Tribes may receive grants directly and manage and administer projects themselves,

S Tribes may request that project funds be directed to the Indian Health Service (IHS) if the tribe would like the IHS to administer the project, and IHS agrees to do so.

S The State of Alaska is also authorized to receive grants for projects that benefit Alaskan Native Villages, if the Tribe requests the that the project be administered by the State and the State is able to do so.

DWIG TSA Program Fund

Allocations

S In FY14, the DWIG-TSA program was funded at

$18,138,000.

S In FY15, the DWIG-TSA program was funded at

$18,019,000.

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Consumer Confidence Reports (CCR) (§ 1414):

Increasing Consumer Awareness

S Community water systems must report to consumers

annually on the quality of their drinking water

S Dialogue between customers and their water system

is facilitated by a better informed public

S CCRs must include:

S Information on the source of the drinking water

S For regulated contaminants, the level found and

associated MCLG & MCL

S Information on the potential health effects from

exposure to the contaminant (if there is a

violation of the MCL

Sustainability Activities

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Technical Capacity

•Source Water Adequacy

•Infrastructure adequacy

•Technical knowledge and

implementation ability

Managerial Capacity

• Ownership accountability

• Staffing and organization

• Effective external linkagesShort-and

Long-Term

Planning

The process through which water systems acquire and maintain adequate technical, managerial,

and financial capabilities to enable them to consistently provide safe drinking water.

Capacity Development

Financial Capacity

•Revenue sufficiency

•Credit worthiness

•Fiscal management and

controls

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Training and Technical

Assistance grant

S Improves water quality and enable small public water systems to provide safe

drinking water by providing training and technical assistance for;

S Small public water systems to help such systems achieve and maintain compliance

with the Safe Drinking Water Act (SDWA), and;

S Small publicly owned wastewater systems, communities served by

onsite/decentralized wastewater systems, and private well owners to improve water

quality under the Clean Water Act (CWA).

S Addresses two of the National Priority Areas in the Drinking Water Programs

S National Priority Area 1: Training and Technical Assistance for Small Public Water

Systems to Achieve and Maintain Compliance with the SDWA

S National Priority Area 2: Training and Technical Assistance to Improve Financial

and Managerial Capacity and Enable Small Public Water Systems to Provide Safe

Drinking Water

Check Up Program for Small

Systems (CUPSS)

S CUPSS is a free, easy-to-use, asset management tool for small drinking

water and wastewater utilities.

S CUPSS provides a simple, comprehensive approach based on EPA's

highly successful Simple Tools for Effective Performance (STEP) Guide

series.

S CUPSS helps to develop:

S Record of your assets

S Schedule of required tasks

S Understanding of your financial situation

S Tailored asset management plan

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Operator Certification

S EPA is required to publish operator certification and recertification

guidelines

S States must have operator certification program in order to receive

grant money.

S EPA as the primacy agency, requires Tribes to have, or agree to

obtain within the project grant budget period, a certified operator(s)

under an EPA approved program in order to secure funds from the

TSA program.

Tribal Drinking Water Operator

Certification Program

S Increase public health protection by increasing the training and

certification opportunities for personnel operating community and

nontransient noncommunity drinking water systems in Indian

country.

S The program is intended to provide water system operators in

Indian country with further training and certification

opportunities in addition to existing training or certification

programs offered by States, various federal agencies, or private

organizations.

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Questions?