Future Drinking Water Regulations

Transcription

1 Future Drinking Water Regulations A Presentation to the City Managers Association Brian N. Wintle, E.I. Michael D. Kyser, P.E.

2 Drinking Water Regulation 1974 Safe Drinking Water Act 1986 Amendments 18 major drinking water regulations for 91 contaminants from Amendments 14 years without a new contaminant being regulated is seen as a failure of the regulatory process. 1 1 AWWA Webcast December 2011 description of the House PW Committee comments to Administrator Jackson 2/2/11 mtg.

3 Rules, rules and more rules LT2 ESWTR Stage 2 D/DBR cvoc Distribution System LTLCR RTCR (2012)

4 History of EPA s CCL and RD s Date Regulatory Action Action 1998 Contaminant Candidate List 1 60 Contaminants 2003 Regulatory Determination 1 Did not regulate Contaminant Candidate List 2 51 Contaminants 2008 Regulatory Determination 2 Did not regulate Contaminant Candidate List Contaminants 201? Regulatory Determination? Five regulatory actions in 2011 with four Impending regulatory proposals

5 How New Rules are Made Contaminant Candidate List (CCL) Identify all known Contaminants that may be present in drinking water Evaluate each Contaminant group using risk base criteria Regulatory Determination (RD)

6 EPA s New Strategy Released in March 2010 Address contaminants as groups rather than individually Promote new technology Leverage existing statutes to protect sources of drinking water Promote easy access to Utility Monitoring Data

7 EPA s 5 Regulatory Actions in Fluoride (January) 2. Chromium VI (January) 3. Perchlorate (February) 4. Carcinogenic Volatile Organic Chemicals (February) 5. Proposed Third Unregulated Contaminant Monitoring Rule (March)

8 Contaminant Candidate List Possible Listed Contaminants 104 Chemical Groups 12 Microbiological (4 viruses*) The short list 32 contaminants Regulatory determination on 5+ contaminants Draft mid-2012 Final August 2013

9 Regulatory Determination Preliminary 3 rd RD from the 3 rd CCL to be published in 2012 with final in 2014 EPA must make decisions on at least five contaminants based on the SDWA EPA to review past CCL s and RD s 4 th CCL proposal 2013 final 2014

10 EPA s Anticipated Actions in Third Regulatory Determination 2. Long-Term Lead and Copper Rule 3. Perchlorate Rule 4. Carcinogenic Volatile Organic Chemicals 5. Revised Total Coliform Rule to be published with effective date 2015

11 Who s in charge? Designed, constructed and operated to provide protection for the public health and environment Oklahoma Water Supply Systems Act, 27A O.S et seq. Title 252: 624 Minor Public Water System Purchase water from permitted water system Do not provide treatment (excluding chlorination) Do not resell water 626 Public Water Supply Construction Standards Oversight and approval of the construction 631 Public Water Supply Operation Oversight of the operation / enforcement

12 Enforcement Activities by the WQD 1 FY- 09 Fy-10 FY-11 Violation Letters Notices of Violation Consent Orders Site Visits Data taken from a DEQ November PWS Fee Workshop 11/30/2011 From 2010 DEQ Annual Compliance Report there are 1641 PWS PWS in violation was 1122 Total number of violations was 2957

13 State Authority Federal Delegation of Monitoring/ Enforcement of the SDWA to ODEQ EXCEPT Long Term 2 Enhanced Surface Water Treatment Rule (LT2) Stage 2 Disinfectants and Disinfection Byproducts Rule (Stage 2 D/ DBP Rule) Now, both default directly to EPA Region 6 Monitoring/ Enforcement

14 LT2 Final Rule published 2006 Targeted monitoring Cryptosporidium (CRYPTO) 1st round of source water monitoring completed and establish level of treatment (bin classification) Now we are moving into the 2 nd round Comment: it appears doubtful that EPA will allow E.Coli to be used for an indicator of cryptosporidium for any system.

15 Stage 2 D/ DBP Final Rule published 2006 Includes everything from Stage 1 D/ DBP Rule Plus Locational Running Annual Average (LRAA) Consecutive Systems Regulated Increased Monitoring Requirements Operational Evaluation Level

16 Stage 2 D/ DBP Rule Compliance Strategies Water Age Management Reduction of Disinfectant Demand Chloramination* Distribution System Operation Alternative Source Blending Improve Wholesale System

17 When? Required Milestone Dates Population 2D/DBP LT2 > 100,000 4/1/12 4/1/12 99,999-50,000 10/1/12 10/1/12 49,999 10,000 10/1/13 10/1/13 < 10,000 10/1/13 10/1/14

18 Chloramination Positives TTHM levels decrease 40 to 80 % More effective at penetrating biofilm Longer lasting residual Simple installation Low Cost Approved method Large Use

19 D/DPB Strategy Not ODEQ first choice Met with public hesitation Compliance requirements with 631 Water Supply Operation Engineering Report Public Notification Testing However: EPA has not included chloramination for consecutive systems as part of the BAT for system serving fewer than 10,000 due to concerns about their ability to properly control the process (Tulsa Word Article December 15 th, 2011)

20 Chloramination The Realities Nitrification concerns in the system Higher residual requirements Corrosion and metal release Blending (free chlorine and monochloramine) Store and feed two (2) chemicals Issues with dialysis patients, fish owners and industrial users Taste and odor potential Weaker disinfectant Nitrosamines

21 On the Radar Regulated Contaminants Fluoride Chromium-VI Perchlorate Carcinogenic Volatile Organic Compounds (cvoc) 6 Year Review Process Revisions to the Total Coliform Rule* PCE TCE Long Term Lead and Copper Rule Nitrosamines AWWA Webcast 12/7/11 Nitrosamines probably will be regulated in the future

22 And finally the unknown Political Pushback Shift from ppb to ppt Media pressure can drive the science and regulatory process Will the Fluoride MCL be revised? Will the DBP standards be tightened? Will EPA regulate distribution system operators

23 General Comments and Reflection Chlorate regulation likely Chromium-VI regulation likely Current: Total Cr MCL = 0.1 mg/l Future?: Chromium-VI= mg/l (California PHG) Potentially 5000x lower Herbicides/ pesticides regulation unlikely cvoc RD likely

24 General Comments and Reflection Cryptosporidium likely to be found more frequently in next round of testing Plan for additional inactivation/ removal of cryptosporidium in future Caution in using Chloramines as Nitrosamine regulations are likely.

25 Questions?

26 Current Drinking Water Standards Primary 87 7 Microorganisms 4 Disinfection Byproducts Secondary Drinking Water Standards 15 Various Ground Water Arsenic Rule Radionuclides Rule

27 Applicable to You? Ground Waters Potential for: Perchlorate cvoc TCE PCE Chromium VI Industrial Products Solvents Gasoline Additives Explosives Inorganics Surface Waters Potential for: Perchlorate Herbicides Insecticides Precursors for DBP formation WWTP discharge -industrial products

28 Rule/ MCL Development Process EPA has an evaluative step process Toxic Substance Control Act Integrated Risk Information System (IRIS) Unregulated Contaminant Monitoring Program Review of available research information from peer reviewed articles

29 Rule/ MCL Development Process Three criteria: The contaminant may have adverse effects on health The contaminant is known to occur or there is substantial likelihood it will occur in public water systems regulation presents a meaningful opportunity for health risk reduction

30 Stage 2 D/ DBP Rule RAA vs. LRAA Example Location 1 Location 2 Location 3 Location 4 Quarterly Average Quarter Quarter Quarter Quarter Running Annual Average Location 1 (µg/l) Location 2 (µg/l) Location 3 (µg/l) Location 4 (µg/l) Quarter Quarter Quarter Quarter Locational Running Annual Average (LRAA)

31 Stage 2 D/ DBP Rule OEL Example Location 1 (µg/l) OEL (µg/l) Quarter Quarter Quarter Quarter Locational Running Annual Average (LRAA) Fail OEL then must submit report within ninety (90) days after analytical results

32 Stage 2 D/ DBP Rule EPA has not included chloramination for consecutive systems as part of the BAT for system serving fewer than 10,000 due to concerns about their ability to properly control the process Chloramination (weaker disinfectant) Ammonia + Free Chlorine = Monochloramine Disinfectant Bacteria 1 Viruses 1 Giardia lambia 1 Cryptosporidium 1 Ozone Chlorine Dioxide Free Chlorine Not Inactivated Monochloramine Not Inactivated 1 Above comparison is completed with the water temperature at 5 degrees C and ph = mg/l residual dose of free chlorine. 3 Not an approved ODEQ disinfectant. Free chlorine is anywhere between 8 and 30,000 times more effective at inactivating studied viruses* than monochloramine (EPA 1999) (WHO 2011) (Cromeans et al. 2010)

33 Treatment Associated Contaminants Disinfection By Products (DBPs) Nitrosamines 5 Total NDMA Probable Human Carcinogen Drinking water unit risk = 0.7 ng/l (1:1E6 Cancer Rate) Assessed in 1987; revised in 1991

34 Treatment Associated Contaminants Disinfection By Products (DBPs) Chlorate Most commonly associated with chlorine dioxide Can be associated with sodium hypochlorite with long term storage (outside) Produce and store only as needed Potential regulation: 0.25 to 0.5 mg/l

35 Treatment Associated Contaminants Example: TTHMs = mg/l NDMA = mg/l 8000x lower EPA : Regulating nitrosamines could constrain chloramines use

36 Treatment Associated Contaminants California Notification Level = 10 ng/l WHO Action Level= 100 ng/l Minimum sample level for EPA 521 = 2 ng/l Potential regulation between 5 and 10 ng/l

37 Treatment Associated Contaminants NDMA Occurrence Unregulated contaminant monitoring program (2008 to 2010) 1787 positive samples from 324 water systems serving approximately 94 million people 996 positive samples from water systems utilizing chloramines (max level = 630 ng/l) 295 positive samples from water systems utilizing chlorine (max level = 85 ng/l)

38 Treatment Associated Contaminants Statistics 3x more frequent in surface water than ground water 10x more frequent in water systems using chloramines than chlorine Higher detection in the distribution system than at the point of entry