U.S. EPA Regulatory Update. IPWSOA Conference September 16, 2015

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1 IPWSOA Conference September 16, 2015 Miguel A. Del Toral Updates Strontium Perchlorate Fluoride Carcinogenic VOCs Cyanotoxins Reduction of Lead in Drinking Water Act Lead and Copper RTCR Addendum (Finished Water Storage) Six-year Review 3 (Nitrosamines/Chlorate) Sept

2 Regulatory Determinations 3 (RD 3) Strontium As part of RD 3, EPA made preliminary regulatory determinations on five contaminants (Oct 20, 2014): Dimethoate (do not regulate) 1,3-dinitrobenzene (do not regulate) Strontium (regulate) Terbufos (do not regulate) Terbufos sulfone (do not regulate) Strontium Status: Pre-proposal stage For more information: Regulatory Determinations 3 (RD 3) Strontium On December 9, 2014, EPA held a public meeting/webinar to solicit input on: The process to identify, and the information used to evaluate CCL 3 contaminants to make preliminary determinations; and The 5 preliminary determinations Public comment period closed on Dec 19, Expect to publish the final RD 3 in late Sept

3 Regulatory Determinations 3 (RD 3) Strontium Next steps EPA will Compile, consider, and analyze public comments Revise RD 3, as appropriate Publish Final RD 3 in late 2015 If the agency makes a final determination to regulate strontium, then EPA will: 1. Propose the regulation 24 months after making a final regulatory determination 2. Promulgate the final regulation 18 months after proposal Perchlorate On February 11, 2011, EPA published its decision to regulate perchlorate. Science Advisory Board convened panel to review perchlorate and held a public meeting on perchlorate in December 2012 and submitted its report to EPA in May Status: Pre-proposal Proposed rule in 2017 (projected) For more information: Sept

4 Perchlorate EPA is developing a proposed perchlorate standard Evaluating available data on perchlorate occurrence Evaluating the feasibility of treatment technologies to remove perchlorate Examining the costs and benefits of potential standards Following up on SAB recommendations (made in May 2013) for methodologies to derive an MCLG Expect to develop a perchlorate MCLG using Physiologically Based Pharmacokinetic (PBPK) modeling Working with FDA scientists to develop a PBPK model consistent with SAB recommendations to derive a perchlorate MCLG Fluoride (EPA) 2003: EPA requests NRC review of risk and exposure assessments for fluoride 2006: National Research Council recommends that EPA update its fluoride risk assessment. 2011: EPA releases new fluoride risk and exposure assessments 2011: EPA announces intent to review the national primary and secondary drinking water regulations for fluoride Status: Under review For more EPA information: Sept

5 Fluoride (DHSS) Final Public Health Service (PHS) Recommendation on Fluoride For community water systems that add fluoride to their water, PHS recommends a fluoride concentration of 0.7 mg/l to maintain caries prevention benefits and reduce the risk of dental fluorosis. For more PHS information: Carcinogenic VOCs (cvocs) In March 2010, EPA announced the Agency's new Drinking Water Strategy (DWS) which is aimed at finding ways to strengthen public health protection from contaminants in drinking water. One goal in the DWS is to address contaminants as groups rather than one at a time so that enhancement of drinking water protection can be achieved cost-effectively. For more information: Sept

6 Carcinogenic VOCs (cvocs) EPA is developing a proposed group standard for cvocs In 2010 EPA decided to re-evaluate TCE and PCE under the 6-year review process. In 2011, the EPA Administrator asked OGWDW to look into regulating contaminants as a group. EPA began with Carcinogenic VOCs (including TCE and PCE in that group). The cvoc group may include up to six additional regulated VOCs and up to eight unregulated VOCs from the EPA's Contaminant Candidate List 3. Carcinogenic VOCs (cvocs) EPA is considering both regulated (tetrachloroethylene (PCE), trichloroethylene (TCE), and others) and unregulated carcinogenic VOCs (cvocs) Assessing potential cvocs for the group based upon similar health effect endpoints; common analytical method(s); common treatment or control processes; and occurrence/co-occurrence in drinking water Occurrence data are being collected for 3 unregulated cvocs currently under UCMR 3 which concludes in Dec EPA plans to wait until UCMR 3 monitoring is complete to proceed with rule development to consider new occurrence data. Sept

7 Carcinogenic VOCs (cvocs) EPA is evaluating options for setting a cvoc MCL and examining the feasibility of analytical methods and treatment technologies Evaluating costs/benefits for the group Any revision for currently regulated cvocs will improve or maintain public health protection Prior to issuing a proposed rule, EPA plans to seek input from the Science Advisory Board, National Drinking Water Advisory Council, Department of Health and Human Services and State and tribal drinking water programs Proposed rule in 2018 (projected) Cyanotoxins EPA held a public meeting/webinar on Cyanotoxins on May 11, 2015 Purpose: To obtain additional information the Agency can provide to states and public water systems to help them prepare for and respond to potential cyanotoxin health concerns in drinking water Approximately 500 attendees (online and in person) For more information: Sept

8 Cyanotoxins On June 17, 2015 EPA published two Health Advisories Microcystins Cylindrospermopsin EPA also posted the Health Effects Support Documents for Microcystins, Cylindrospermopsin and Anatoxin-a EPA proposes to include Cyanotoxins in UCMR 4 On August 7, 2015, the President signs the Drinking Water Protection Act specifying required EPA action Cyanotoxins On June 17, EPA also published a supporting document to assist in managing risks from cyanotoxins: Recommendations for Public Water Systems to Manage Cyanotoxins in Drinking Water Provides information to public water systems (PWSs), state and local authorities, and other stakeholders to assist with the management of cyanotoxins that occur in drinking water Encourages PWSs and primacy agencies to coordinate and prepare for harmful algal blooms, and develop a response focusing on communication, monitoring, and treatment Sept

9 Reduction of Lead in Drinking Water Act In 2013, EPA published a summary of the RLDWA requirements and some answers to frequently asked questions related to the amendments to assist manufacturers, retailers, plumbers and consumers in understanding the changes to the law EPA initiated an action to codify the lead free requirements in the RLDWA. EPA plans to propose Lead-free regulations in mid-2016 For more information on RLDWA: Lead & Copper Rule Long-Term Revisions Original Lead and Copper Rule was promulgated in 1991 Many studies have been conducted since 1991 on LCR-related topics, including corrosion and corrosion control Lessons learned from systems attempting to simultaneously comply with multiple NPDWRs Several revisions have been made to the rule since 1991 LCR Minor Revisions in 2000 LCR Short-term Revisions in 2007 Significant issues left for LCR Long-term revisions Additional LCR Information: Sept

10 Lead & Copper Rule Long-Term Revisions Goal: Improve public health protection by making substantive changes and to streamline the rule requirements. Example categories of potential changes to the rule include: Sample site collection criteria and sampling procedures for lead and copper tap monitoring Corrosion control treatment and monitoring requirements Lead service line replacement requirements Consecutive system requirements Potentially outdated requirements, rule relevancy and simplicity for systems Status: Pre-proposal Proposed rule in 2016 (projected) Lead & Copper Rule Long-Term Revisions EPA requested the NDWAC to form a working group to provide stakeholder input on several key rule revision issues The working group is comprised of two NDWAC members and representatives from key stakeholder groups: utility organizations, states, environmental groups, public health officials, consumer advocates. Key issues for discussion: o Sampling site selection criteria o Lead sampling protocol o Public education for copper o Optimal corrosion control treatment o Lead service line replacement The working group will provide input to the NDWAC and NDWAC will provide a report with recommendations to EPA. Additional NDWAC Information: Sept

11 RTCR Addendum Finished Water Storage EPA is planning to propose an addendum to the Revised Total Coliform Rule (RTCR) to include finished water storage facility inspection (SFI) requirements. EPA request for comment in preamble to the July 2010 proposed RTCR (75 FR 40926) Proposed rule in 2018 (projected) For more information: RTCR Addendum Finished Water Storage Requirements would apply to all public water systems that have one or more finished water storage facilities. Requirements would be for public water systems to periodically inspect the interior and exterior of their finished water storage facilities and correct any sanitary defects found. Sept

12 RTCR Addendum Finished Water Storage EPA request for comment and information included: The value and cost of periodic storage tank inspection and cleaning. The state and condition of tanks that have been cleaned and inspected. How public health can be better protected. Whether there are States that recommend or require periodic inspection and cleaning of storage tanks. Existing State requirements, frequency of inspection and cleaning, and how successful are they. Are inspections and cleaning done by individual PWSs or by contractors? Six-Year Review Nitrosamines and Chlorate EPA must review existing National Primary Drinking Water Regulations (NPDWRs) every six years and, if appropriate, revise the NPDWRs. EPA Completed the 1st Six Year Review of 69 NPDWRs (2003); made decision to revise TCR EPA Completed the 2nd Six Year Review of 71 NPDWRs (2010) and identified PCE, TCE, acrylamide and epichlorohydrin as candidates for revision EPA will complete the 3rd Six Year Review (SYR 3) in this will be the first time a Six Year Review addresses the microbial and disinfection byproduct regulations For more information: Sept

13 Six-Year Review Nitrosamines and Chlorate Chlorate and nitrosamines are being evaluated in the context of SYR 3 because they are disinfection byproducts that can be introduced or formed in PWSs partly because of disinfection practices and EPA is reviewing the existing microbial and disinfection byproduct (MDBP) regulations as part of the Six Year 3 (SY3). EPA believes it is important to evaluate these unregulated DBPs in the context of the review of the existing DBP regulations. DBPs need to be evaluated collectively because the potential exists that the chemical disinfection used to control a specific DBP could affect the concentrations of other DBPs. The agency expects to complete the review of these DBPs by the end of Status: Under review Questions Contact: Miguel A. Del Toral U.S. EPA Region 5 deltoral.miguel@epa.gov (312) Sept