Safe Drinking Water Act. (SDWA) Protecting Public Health S 1

Transcription

1 afe Drinking Water Act (DWA) Protecting Public Health 1

2 Two Major Water tatutes Water ystems Ground Water used as Drinking Water DWA Ground Water urface Water Used as Drinking Water 2 CWA Wastewater Treatment Plants urface Water Used for Industrial Uses, Recreation, Wildlife Habitat, and Fishing Wastewater Discharges

3 Drinking Water Issues and Related Risks 3

4 The Problem: A range of public health risks in drinking water Acute Health Risks short term exposure causes immediate effects (e.g., digestive problems, death) Bacteria (e.g., E.coli) Viruses (e.g., Hepatitis-B) Protozoa (e.g., Cryptospordium, Giardia) Nitrate (methemoglobinemia --Blue Baby syndrome) Chronic Health Risks - long term exposure often has cumulative lag in effects (e.g. cancer, organ failure) Chemicals: inorganics (e.g., arsenic), synthetic organics (e.g., pesticides), and volatile organics (e.g., benzene) Disinfectants and byproducts (e.g., chlorine, chloroform) Radiation (e.g., radium 226 and 228, uranium) 4 Crypotosporidum

5 Risks to ources of Drinking Water Point ources Publicly Owned Treatment Works (POTWs) Industrial Discharges eptic ystems Polluted Runoff Urban Agriculture Forestry Mining Air Pollutant Deposition Changing Landscapes 5

6 Harmful Algal Blooms (HABs) Harmful algal blooms are a major environmental problem in throughout the nation. HABs cause severe impacts on human health, aquatic ecosystems and the economy. Communities across the country, both big and small, continue to be vulnerable to drinking water shut downs due to harmful algal blooms 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. EPA recently published a cyanotoxin management document to assist states, tribes and utilities to: Evaluate their source water vulnerability to contamination by cyanotoxins 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 6

7 The Evolution of DW Quality Oversight Pre-DWA Enforceable standards for Interstate Carriers Unenforceable Public Health ervice Guidelines 1974: afe Drinking Water Act enacted Authorized EPA to establish national enforceable standards and require monitoring Established 3 programs: Public Water ystem upervision (PW), Underground Injection Control (UIC), ole ource Aquifer (A) 1986 Amendments Accelerated pace of DW standards (83 by 1989 and 25 new every 3 years) Required filtration and disinfection for surface water and established wellhead protection programs for ground water 7

8 Today: A Multiple Barrier Approach to Public Health Protection 1996 DWA Amendments emphasized comprehensive public health protection from the source of drinking water to the tap Contamination prevention and source protection Risk-based standard setting and treatment Increased funding and emphasis on capacity trengthened enforcement Public participation and right-to-know 2002 Public Health ecurity and Bioterrorism Response Act 8

9 Roles and Responsibilities under DWA EPA sets health-based drinking water standards tates or Tribes with primacy implement standards. Public water systems are the regulated entity Costs of compliance are passed through to consumers 9

10 Characteristics of Public Water ystems Four Components 1. ource 2. Treatment 3. torage 4. Transmission, Distribution & Pumping Facilities 10

11 Public Water ystems Public Water ystems (PW s) serve 15 connections or 25 people per day at least 60 days per year EPA has defined three types of public water systems: Community Water ystem (CW): A public water system that supplies water to the same population year-round. Non-Transient Non-Community Water ystem (NTNCW): 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 ) Transient Non-Community Water ystem (TNCW): 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. 11

12 Programmatic Components of the DWA Health-based tandards Risk-based standard setting Implementation Tools tate or Tribal Implementation, Compliance and Enforcement DWRF, Capacity Development, Operator Certification Contamination Prevention Programs ource Water Protection, Underground Injection Control Water ecurity 12

13 Health-based tandards: Drinking Water Regulatory Updates lides Contributed by: Phil Oshida, Deputy Director tandards and Risk Management Division Office of Ground Water and Drinking Water 13

14 Outline Provide update on the various Drinking Water Regulatory Processes Currently Underway Contaminant Prioritization Contaminant Candidate List (CCL) Regulatory Determinations for CCL Unregulated Contaminant Monitoring Regulation (UCMR) Review of Existing Regulations (aka - ix Year Review) Questions?

15 Contaminant Candidate List Background 1996 DWA 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. In developing the list, DWA also specifies that EPA: Consider substances listed on CERCLA and FIFRA. Consult with scientific community including cience Advisory Board (AB). Provide an opportunity for public comment.

16 Contaminant Candidate List Background CCL 1 - Listed 60 contaminants; published final in FR - March CCL 2 - Listed 51 contaminants; published final in FR - Feb CCL 3 - Listed 116 contaminants (104 chemicals and 12 microbiological contaminants); published final in FR - Oct

17 tatus of CCL 4 Draft CCL 4 published on February 4, Lists 112 contaminants (100 chemical & 12 Microbial) Implemented NA & NDWAC recommended process; represents significant steps forward for improving our approach to identifying contaminants (more comprehensive, data driven, reproducible process). Public comment period closed April 6, Received 177 letters, which we are currently evaluating.

18 CCL Regulatory Determinations DWA requires EPA to publish a Maximum Contaminant Level Goal (MCLG) and promulgate an NPDWR for a contaminant if the Administrator determines that - The contaminant may have an adverse effect on the health of persons 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; 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 DWA ection 1412(b)(1) 18

19 Regulatory Determination Outcomes Positive Determination Affirmative determination for all three criteria. Begin process to develop a drinking water regulation. Negative Determination Negative determination for any one the three criteria. No action taken to develop a drinking water regulation. If some occurrence is found in public water systems, we have the option of developing and/or updating a health advisory*. # Outcome 1 2 x 3 x *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, tate, Tribal and local officials. EPA has HA values for > 165 chemical; ~ 70 regulated and ~ 95 unregulated chemicals have HA values.

20 Background and tatus of Regulatory Determinations Regulatory Determinations for CCL 1 March Published CCL 1 and listed 60 contaminants. July Published final determination not to regulate 9 of the 60 contaminants. Regulatory Determinations for CCL 2 February 2005 carried forward 51 remaining CCL 1 contaminants onto CCL 2. July 2008 Published final determination not to regulate 11 of the 51 contaminants (the 11 are listed in Appendix B). Regulatory Determinations for CCL 3 October contaminants (104 chemicals and 12 microbiological contaminants) October 2014 preliminary regulatory determinations for five contaminants listed on CCL3 Final regulatory determinations in 2015.

21 What is the Unregulated Contaminant Monitoring Regulation (UCMR) Program? First established under the 1986 DWA Updated per 1996 DWA amendments Monitoring occurs in 5-year cycle No more than 30 contaminants per cycle ampling at all large systems and representative sample of small systems toring analytical results in a National Contaminant Occurrence Database (NCOD) Provides occurrence data for reg. determinations UCMR1 from UCMR2 from UCMR3 from

22 Background and tatus of ix Year Review Required to review and, if appropriate, revise existing NPDWRs every six years. Any revision shall maintain or provide for greater protection of public health. Completed 1st ix Year Review in 2003; Reviewed 69 NPDWRs and made decision to revise Total Coliform Rule (TCR). Completed 2nd ix Year Review in 2010 on 71 NPDWRs; Expect to publish 3rd ix Year Review in 2016.

23 Revised Total Coliform Rule (RTCR) Published in February 2013 RTCR is a revision of the 1989 Total Coliform Rule (TCR) ame purpose of the TCR- protect public health by: Ensuring the integrity of the drinking water distribution system Monitoring for the presence of microbial contamination Applies to all PW All PW must comply with the rule requirements starting on April 1,

24 In Brief: What are the RTCR Requirements PWs Need to Comply with? NEW!!! 3. Find And Fix (Level 1 & Level 2 Assessments and corrective actions) 2. Monitoring 4. Reporting and Recordkeeping 1. Contaminant Levels (MCLG & MCL) RTCR Violations, Public Notification, and Consumer Confidence Reports

25 Implementation Tools 25

26 Implementation Tools: Programmatic Components of the afe Drinking Water Act tate and Tribal Implementation, Compliance and Enforcement PW DWRF Assessing Utility Needs Capacity Development Operator Certification Consumer Information 26

27 Implementation and Tools Focus on maintaining robust state and tribal programs EPA works with partners to provide technical assistance and training Targeted enforcement and compliance measures where needed Make use of new tools made available through 1996 Amendments 27

28 Public Water ystem upervision (PW) Program ( 1413) tates with primacy have primary enforcement responsibility for their drinking water programs 49 tates have primacy (Wyoming, DC do not); Navajo was 1st Tribe to receive primacy in Fall 2000 EPA is responsible for implementing individual rules until tates and Tribes receive primacy For each new regulation, tates and Tribes must apply to receive primacy authority - must adopt standards at least as stringent as federal standard 28

29 PW Program on tribes The Public Water ystem upervision (PW) program was authorized by Congress in the 1974 afe Drinking Water Act (WDA) to establish and enforce health protection standards for the drinking water produced by water systems that serve the public throughout the country. The DWA authorized EPA to delegate "primary enforcement responsibility" (Primacy) for the PW program to states as long as they meet certain requirements. The DWA amendment in 1986 allowed Indian tribes to be treated as states (TA) and assume PW primacy as long as they meet the necessary requirements. In cases where tribes do not seek and assume primacy, EPA, through its Regional offices, serves as the primacy agent and implements the PW program. 29

30 PW Tribal upport Grants 1986 DWA amendment allowed EPA to make grants to tribes that wanted to develop, and carry out, PW programs. In FY1989, EPA began reserving a portion of the funds that Congress annually makes available for state PW programs to carry out the PW programs on tribal lands. The reserved funds are used for three purposes: Grants to tribes that have received PW primacy; Activities that will assist tribes in developing programs that will eventually lead to primacy; and Assist EPA's Regional offices in directly implementing a PW program on tribal lands (in the absence of a delegated tribal program). 30

31 Tribal PW Program Funding Allocations In FY14, the Tribal PW program was funded at $6,562,000. In FY15, the Tribal PW program was funded at $6,520,

32 Drinking Water tate Revolving Fund

33 tatutory Background and Role of the Drinking Water tate Revolving Fund 1996 Amendments: ection 1452 The DWRF program is intended to integrate with DWA programs to achieve national goals for public health protection Drinking Water Needs urvey required every 4 years National estimate of capital infrastructure needs to meet public health goals of DWA Results used to create allotment formula for annual DWRF funding to states Focus on compliance with federal standards and priority order Limits on funding reflect policy Growth/fire protection as primary purpose is ineligible No dams, reservoirs or water rights Focus on system performance Operator certification program Capacity development small system support

34 DWRF Tribal et-aside Program The afe Drinking Water Act (DWA), as amended in 1996, authorized EPA to set-aside up to 1½ percent, of the amount available for the DWRF for grants to improve the infrastructure of drinking water systems that serve Indian tribes. tarting in FY2010 through appropriation law, EPA increased the drinking water tribal infrastructure program funds to 2 percent, of the amount available for the DWRF grants. Through this authority, EPA established the Drinking Water Infrastructure Grants Tribal et-aside (DWIG TA) Program.

35 Drinking Water Infrastructure Grants Tribal et-aside (DWIG TA) Program The DWIG TA grant funds projects at eligible community water systems, and non-profit non-community water systems, that serve a tribal population. 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: rehabilitate or develop a source of drinking water, or install or upgrade treatment, storage, or transmission facilities. Funds may also be used to conduct project feasibility studies, engineering design work, and for project administration.

36 Drinking Water Infrastructure Grants Tribal et-aside (DWIG TA) Program Any federally recognized Indian tribe is eligible to receive a project grant through the program. Tribes may receive grants directly and manage and administer projects themselves, Tribes may request that project funds be directed to the Indian Health ervice (IH) if the tribe would like the IH to administer the project, and IH agrees to do so. The tate 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 tate and the tate is able to do so.

37 DWIG TA Program Fund Allocations In FY14, the DWIG-TA program was funded at $18,138,000. In FY15, the DWIG-TA program was funded at $18,019,

38 Consumer Confidence Reports (CCR) ( 1414): Increasing Consumer Awareness Community water systems must report to consumers annually on the quality of their drinking water Dialogue between customers and their water system is facilitated by a better informed public CCRs must include: Information on the source of the drinking water For regulated contaminants, the level found and associated MCLG & MCL Information on the potential health effects from exposure to the contaminant (if there is a violation of the MCL 38

39 ustainability Activities

40 Capacity Development The process through which water systems acquire and maintain adequate technical, managerial, and financial capabilities to enable them to consistently provide safe drinking water. Technical Capacity ource Water Adequacy Infrastructure adequacy Technical knowledge and implementation ability hort-and Long-Term Planning Managerial Capacity Ownership accountability taffing and organization Effective external linkages Financial Capacity Revenue sufficiency Credit worthiness Fiscal management and controls 40

41 Training and Technical Assistance grant Improves water quality and enable small public water systems to provide safe drinking water by providing training and technical assistance for; mall public water systems to help such systems achieve and maintain compliance with the afe Drinking Water Act (DWA), and; mall 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). Addresses two of the National Priority Areas in the Drinking Water Programs National Priority Area 1: Training and Technical Assistance for mall Public Water ystems to Achieve and Maintain Compliance with the DWA National Priority Area 2: Training and Technical Assistance to Improve Financial and Managerial Capacity and Enable mall Public Water ystems to Provide afe Drinking Water 41

42 Check Up Program for mall ystems (CUP) CUP is a free, easy-to-use, asset management tool for small drinking water and wastewater utilities. CUP provides a simple, comprehensive approach based on EPA's highly successful imple Tools for Effective Performance (TEP) Guide series. CUP helps to develop: Record of your assets chedule of required tasks Understanding of your financial situation Tailored asset management plan 42

43 Operator Certification EPA is required to publish operator certification and recertification guidelines tates must have operator certification program in order to receive grant money. 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 TA program. 43

44 Tribal Drinking Water Operator Certification Program Increase public health protection by increasing the training and certification opportunities for personnel operating community and nontransient noncommunity drinking water systems in Indian country. 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 tates, various federal agencies, or private organizations. 44

45 Questions?