Drinking Water Regulations, Emerging Issues, and Interaction with Environmental Health Officials in NYS

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1 Drinking Water Regulations, Emerging Issues, and Interaction with Environmental Health Officials in NYS NYS Conference of Environmental Health Directors FALL 2015 TECHNICAL SESSION October 14, 2015 Douglas Pabst, Chief EPA Region 2 Drinking Water and Municipal Infrastructure Branch

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8 Revised Total Coliform Rule EPA Administrator Jackson signed the Final RTCR on December 20, 2012; Rule published in the Federal Register on February 13, 2013 Compliance effective date April 1, 2016 Affects all Public Water Systems - Eliminates monthly Total Coliform (TC) - Maximum Contaminant Level replaced with TC treatment technique - Shift to a find and fix regulatory framework.

9 RTCR Key Provisions vs TCR 1989 TCR 2013 RTCR Maximum Contaminant Level (MCL) for Total Coliform (TC) including E. coli and fecal coliform; NO assessment or corrective action required Acute violation based on E. coli AND fecal coliform Routine monitoring required based on system size and type PN required for monthly and acute E. coli violations Treatment Technique based on TC and E. coli and MCL for E. coli; Assessment and corrective Action required based on monitoring results Acute violation based on E. coli only Routine monitoring required based on system size and type PN required for failure to assess/correct and for acute E. coli violations

10 Reduction of Lead in Drinking Water: Since 1986, the SDWA prohibited the use of any pipe or plumbing fitting, fixture, solder or flux in the installation or repair of any public water system; or any plumbing in a residential or non-residential facility providing water for human consumption that is not lead free. Only exemption is for leaded joints necessary for repair of cast iron pipes. January 4, 2011 Reduction of Lead in Drinking Water Act enacted. January 4, 2014 Effective Date, with a three year transition period provided for affected parties.

11 Reduction of Lead - Old vs. New: NEW: Max lead 0.25% for products by weighted average Max lead 0.20% for solder/flux Established a statutory method for calculation of lead content Eliminates requirement that lead-free products be in compliance with voluntary standards Created exemptions for products used for non-potable services/products such as manufacturing; industrial, irrigation; toilets; bidets, hydrants; urinals OLD: Max lead content 8% for pipes and fittings Max lead 0.20% for solder/flux (same) Fittings/fixtures must comply with voluntary standard (NSF/ANSI 61) NSF/ANSI Standard 61 determines compliance by leaching test No exemptions for plumbing fittings

12 In March 2010, EPA Administrator Lisa Jackson announced the agency is reviewing how it sets drinking water standards, moving away from one chemical at a time to a group basis. Why? 80,000+ toxic release inventory (TRI) chemicals listed Standards for only 90+ contaminants Improved measurement capabilities have led to the finding of more contaminants (pharmaceuticals) Not feasible to keep with status quo

13 Group Regulation of Carcinogenic Volatile Organic Compounds (cvocs) In February 2011, EPA designated cvocs as the first group to be regulated as part of its new strategy to regulate groups as opposed to regulating contaminants one at a time. This strategy will provide public health protection more quickly and also allow water systems to more effectively and efficiently plan for improvements. Proposed Rule: TBA

14 Perchlorate EPA has decided to regulate perchlorate under the SDWA because: Perchlorate may cause adverse health effects More than 4% of PWSs have detected perchlorate Opportunity for health risk reduction for million people Proposed Rule: TBA Final Regulation expected within 18 months of the proposal

15 Flouride Summer 2015 US Health & Human Service recommends the optimal fluoride level in drinking water should be a single number of 0.7 mg/l, versus the range of 0.7 to 1.2. A schedule for EPA to potentially revise the fluoride MCL is unknown at this time.

16 Hexavalent Chromium EPA waiting on the health assessment on hexavalent chromium before making a decision to regulate it. EPA is still evaluating the revised Cr-6 risk assessment. EPA would then decide if the current total chromium regulation needs to be revised to address Cr-6. A potential regulatory schedule is unclear at this time.

17 Safe Drinking Water Act (SDWA) Regulatory Processes Contaminant Candidate List (CCL) List of unregulated contaminants that are known to occur or may occur in drinking water and may require regulation; publish every five years. Unregulated Contaminant Monitoring Process to monitor up to 30 different unregulated contaminants every 5 years; data used to support CCL, Regulatory Determinations, and Regulation Development (if EPA decides to regulate) Regulatory Determinations Decisions on whether to regulate CCL contaminants with a drinking water standard; make decisions on at least five every five years; Must consider three SDWA criteria. If EPA decides to regulate, SDWA requires EPA to propose a rule in 24 months and finalize in 18 months. 17

18 SDWA Regulatory Processes (cont d) Regulation Development - If EPA makes a determination to regulate a contaminant(s), SDWA requires that we evaluate/consider a number of factors in the standard setting process (health, analytical/treatment feasibility, costs/benefits, etc). Six Year Review Every six years, EPA is to review and (if appropriate) revise the standard. Any revision must maintain or improve public health protection. 18

19 General Flow of SDWA Regulatory Processes Draft CCL Public review and comment Final CCL Preliminary Regulatory Determinations Draft UCMR Final Regulatory Determinations Proposed Rule (NPDWR) Final UCMR UCMR Monitoring Results No further action if make decision to not to regulate (may develop health advisory). Final Rule (NPDWR) Six Year Review of Existing NPDWRs At each stage, need increased specificity and confidence in the type of supporting data used (e.g. health, occurrence, treatment). 19

20 CCL 4 February 4, 2015 EPA published Draft CCL 4 for review and 60 day comment period. For more information, visit:

21 Unregulated Contaminant Monitoring UCMR 3 The 1996 amendments to the SDWA require that once every five years, the EPA issue a new list of 30 unregulated contaminants to be monitored by public water systems. This monitoring provides a basis for future regulatory actions to protect public health. EPA published the first group of contaminants in 1999 (UCMR 1) and the second in 2007 (UCMR 2). UCMR 3 was published May 2, 2012.

22 UCMR 3 Final rule published May 2, index.cfm Monitoring from ; reporting through ~mid chemicals and 2 virusesseven VOCs, 1,4-dioxane, six metals, chlorate, six perfluorinated compounds, seven hormones, enteroviruses, and noroviruses. Chemical contaminants include hormones, perfluorinated compounds (e.g., PFOS/PFOA), VOCs, metals (including Cr-6 and total Cr), 1,4-dioxane, chlorate 22

23 UCMR 3 Preliminary Results: Chemicals 7 sets of results posted to web (Nov 2013; Feb/May/July/Nov 2014; Feb 2015; June 2015) data.cfm Data represent most samples collected between Jan Nov 2014 plus some thereafter Results being updated ~quarterly UCMR 3 minimum reporting levels (MRLs) are based on analytical method quantitation limits comparably lower than UCMR 1 and UCMR 2 MRLs; more frequent detection of UCMR 3 contaminants 23

24 UCMR 3 Preliminary Results: Chemicals UCMR 3 reference concentrations based on published health-effects information, where available, from CCL3 Contaminant Information Sheets EPA Health Advisory Table Human Health Benchmarks for Pesticides Purpose is to aid in the interpretation of the UCMR 3 results (i.e., so that detections may be judged relative to health-based concentrations rather than method-based reporting limits) Reference concentrations currently available for 20 of 28 UCMR 3 chemicals 24

25 UCMR 3 Preliminary Results: Chemicals ~9000 sample results from ~1000 PWSs for each of the hormones ~49,000 sample results from ~4,400 PWSs for each of the metals, chlorate ~29,000 sample results from 4,400 PWSs for each of the other chemicals ~75% of data that will ultimately be collected 25

26 UCMR 3 Preliminary Results: Chemicals Metals Many PWSs had detections of metals (i.e., above the MRL) Between 0-3% of sample results were above the Ref Conc Sr above the Ref Conc at ~6% of PWSs; V above the Ref Conc at ~3%; other metals measured above the Ref Conc by less than 1% of PWSs Chlorate Many of the PWSs (~3,000 of ~4,400) had detections of chlorate 36% of the PWSs had chlorate measurements above the Ref Conc 26

27 UCMR 3 Preliminary Results: Chemicals 1,4-Dioxane ~940 of ~4,400 PWSs had detections of 1,4-dioxane ~7% above the 10-6 Ref Conc of 0.35 ug/l; none above the 10-4 Ref Conc of 35 ug/l VOCs One or more VOCs detected by ~260 of the ~4,400 PWSs that reported data Relatively few VOC measurements above the Ref Conc 1,2,3 trichloropropane measured by ~1.1% of PWSs above the 10-4 Ref Conc; detected above MRL by ~1.3% (MRL > 10-6 Ref Conc) 27

28 UCMR 3 Preliminary Results: Chemicals Perfluorinated Compounds (PFCs) 94 of the ~4,400 PWSs detected one or more PFCs 17 PWSs (0.4%) measured PFOS above the Ref Conc Ref Conc currently only available for PFOA and PFOS Hormones 55 of the ~1000 PWSs detected one or more hormones Ref Conc available for the 5 estrogenic hormones, not the 2 androgenic hormones One PWS measurement of one hormone was above the Ref Conc 28

29 UCMR 3 Preliminary Results: Viruses Pre-Screen Testing at 800 small GW systems for norovirus, enterovirus, and indicator organisms ~500 sample/pws results 232 indicator detections 33 enterococci 12 bacteriophage 155 aerobic spores 3 E. coli 29 total coliform 5 norovirus detections 8 enterovirus detections 29

30 UCMR 3 Web Pages: Links to: More Information Basic Information Methods & Contaminants Data Laboratories Reporting 30

31 UCMR 4 May stakeholder meeting focused on methods for unregulated contaminants Early initiated workgroup process for UCMR 4 June stakeholder meeting described potential approach, contaminants of interest Anticipated timeline: Late-2015: publish proposed rule, invite public comment Late-2016: publish final rule, continue monitoring preparation January 2018: begin monitoring 31

32 UCMR 4 Contaminants being evaluated for UCMR 4 include: Cyanotoxins (e.g., microcystins, anatoxin-a, cylindrospermopsin) Semivolatile Organic Chemicals (pesticides, others) Alcohols Brominated HAAs Metals (e.g., Mn, Ge) Microbes (e.g., Legionella) Other 32

33 LT2: Cryptosporiduim 33

34 EPA Legionella Guidance Document status Purpose: characterize the current body of knowledge regarding the use and effectiveness of currently available technologies for the treatment and control provide an overview of the regulatory implications related to the technologies. Public outreach Will under go peer view 34

35 HABs NEED A SLIDE 35

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37 EPA HAB Guidance Document Recommendations for Public Water Systems to Manage Cyanotoxins in Drinking Water June 2015

38 HAB Health Advisories Health Advisory Value (µg/l) Short-term Health Effects Age Group School-aged children and adults (six years and older) MCs CYL MCs CYL Liver Kidney Children pre-school age and younger Liver Kidney 38

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40 HABS REPORT TO CONGRESS On August 7 th, 2015, the Drinking Water Protection Act amended the SDWA adding Section 1459 for Algal Toxin Risk Assessment and Management Requires EPA to submit to Congress, no later than 90 days after the date of enactment, a strategic plan for assessing and managing risks associated with algal toxins in drinking water provided by public water systems. Will identify information gaps and needs 40

41 Questions?

42 Additional Resiliency Concerns: Population and land and water use changes since Source Water Assessments were completed Growth of rail transport of oil; pipeline safety concerns Awareness of contaminants of emerging concern Algal Blooms Extreme weather and weather events floods, droughts, temperature changes, sea level rise Water Security

43 How can we work together? File Reviews Sanitary surveys CREAT and other resiliency activities DWSRF Needs Survey Input PWSS & DWSRF funding and Use of Inkind whereby EPA uses state funds via contracting to provide desired work Workshops and Trainings Ongoing Workgroups on Premise Plumbing and NDWAC Long-Term Lead and Copper Rule Considerations 43

44 Questions?