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1 EPA s Regulatory Policies: Clean Water Act & Safe Drinking Water Act Octavia Conerly, MSPH Office of Water U.S. Environmental Protection Agency Washington, DC Working Group on Pesticides in the Chesapeake Waterways May 14, 2007 to protect human health and the environment

2 Overview Office of Water organization EPA regulatory framework Office of Water regulatory framework Clean Water Act Safe Drinking Water Act to protect human health and the environment

3 Management & Operations Staff Water Policy Staff Office of Water Office of the Assistant Administrator Communications Team American Indian Environmental Office Assistant Administrator, Benjamin Grumbles Resources Management Staff Office of Ground Water & Drinking Water Water Security Division Senior Policy Advisor Office of Science & Technology Director, Ephraim S. King Engineering & Analysis Division Director, Mary T. Smith Drinking Water Protection Division Health & Ecological Criteria Division Director, Edward Ohanian Standards & Risk Management Division Standards & Health Protection Division Director, Denise Keehner Office of Wastewater Management Municipal Support Division Water Permits Division Office of Wetlands, Oceans & Watersheds Assessment & Watershed Protection Division Oceans & Coastal Protection Division Wetlands Division

4 EPA Regulatory Framework Clean Air Act (CAA) National Environmental Policy Act (NEPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Food Quality Protection Act (FQPA) Toxic Substances Control Act (TSCA) Resource Conservation and Recovery Act (RCRA) Clean Water Act (CWA) Safe Drinking Water Act (SDWA) Others

5 Example Reports of intersex fish What is EPA doing? to protect human health and the environment

6 Compounds of Emerging Concern in Water* PFOA Nanomateria ls Pharmaceutic als and Personal Care Products Pesticides Prion s Endocrine Disrupting Compounds PBDEs *Not an exhaustive list.

7 Legislative Authorities for Water Clean Water Act (1977) Sets water quality criteria and guidelines and technology-based standards for ambient water Objective is to restore and maintain the chemical, physical and biological integrity of the Nation s waters Safe Drinking Water Act (1974), amended 1986, 1996 Requires EPA to set maximum levels for contaminants in water delivered to users of public water systems.

8 Legislative Authorities for Water CWA SDWA Wastewater Treatment Plants Water Systems 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 Wastewater Discharges

9 OW Statutory Framework (Cont d) A. Safe Drinking Water Act Contaminant Candidate List (CCL) List published every 5 years Prioritizes contaminants for possible regulation and/or future research Regulatory determinations for 5 contaminants from list every 5 years Six Year Review National Primary Drinking Water Standards are reviewed every 6 years Any revisions to standards are based on new data

10 Regulation under SDWA Does the contaminant adversely affect public health? Regulate with NPDWR Is the contaminant known or likely to occur in PWSs with a frequency and at levels posing a threat to public health? Will regulation of the contaminant present a meaningful opportunity for health risk reduction?

11 Research Assessment Management EPA Scientific Research/ Data Collection Animal Toxicology Clinical Studies Epidemiology Cell/Tissue Experiments Computational Methods Monitoring/ Surveillance Collaboration Other Federal Agencies Risk Assessment Dose-Response Assessment Treatment Technology Research Needs Risk Management Decisions Risk Hazard Identification Characterization Co lla States/Local Academia Industry Public Interest/Environmental Groups External Input into Research/ Assessment Risk Management bo ra tio n Exposure Assessment Costs/ Benefits

12 OW Statutory Framework (Cont d) Safe Drinking Water Act cont Health Advisories Guidance values based on non-cancer health effects for different durations of exposure Provide technical guidance for Regions, States and other public health officials Unregulated Contaminant Monitoring Rule Monitors for unregulated contaminants

13 OW Statutory Framework (Cont d) B. Clean Water Act Water Quality Standards States designate use for water Water Quality Criteria (conditions supporting designated uses); EPA publishes national criteria (risk assessments) Chemical criteria Biological Criteria (apply to aquatic life designated uses) States set standards; EPA approves Antidegradation (keeping good-quality waters in good condition)

14 OW Statutory Framework (Cont d) Effluent Guidelines for the regulation of point sources Pharmaceutical Manufacturing Industry (1998) Aquaculture Rule for large CAAP facilities (2004) Combined Animal Feeding Operations Rule Rule deals with nutrients but results in less overall contamination of surface waters Discharge permits required for large CAFOs Fish Advisory program Guidance, voluntary programs

15 Effluent Guidelines Pharmaceutical Manufacturing Industry (1998) Includes Mfg of pharmaceutically active ingredients as defined by FDA Only cosmetics containing pharmaceutically active ingredients are included Regulation is based on performance of treatment / control technologies (rather than risk) Limits on Biochemical Oxygen Demand, Chemical Oxygen Demand, Volatile Organic Contaminants, Total Suspended Solids, ph

16 Effluent Guidelines Aquaculture (June 2004) Covers large facilities Flow through, re-circulating or net pens Directly discharge waste water Produce 100,000 lbs fish/year Requirements include Best Management Plans Prevent discharge of spilled drugs and pesticides; minimize discharge of feed Limit discharge of wastewater from harvest or transport

17 Various Stewardship Efforts Federal efforts Do not flush guidelines (2/20/07) EPA/ONDCP/DHHS Drug Take-Back Pilot Studies EPA/OCHP Universal Waste Rule EPA/OSW to protect human health and the environment

18 White House OSTP Toxics and Risks Subcommittee (Interagency Workgroups) Pharmaceuticals in the Environment (PiE) Workgroup Participating Agencies EPA/FDA/USGS (Co-leads), CDC, NIEHS, NOAA, USDA, FWS Goals Develop 2 strategies delineating data gaps/priorities/areas of collaboration Research strategy for human and veterinary pharmaceuticals in the environment (12/2007) Research strategy for antibiotics in the environment; focusing on the question of antibiotic resistance (12/2008) Endocrine Disruption in the Environment Workgroup Participating Agencies EPA (Lead), NIEHS, DOI, NOAA, FDA, CDC, NSF, ATSDR, NCI, DOE, DOD, USDA, The Smithsonian Institution Goals Develop a planning framework for Federal research related to human health and ecological effects of endocrine disrupting compounds Identify research gaps and develop a coordinated plan to address priority research needs

19 EPA Research and Studies Office of Research and Development NCER: STAR Grants Program Research targeted at development of new chemical analysis methods, improved waste treatment, aquatic effects and new approaches for prioritizing chemicals for monitoring Endocrine Disruptors Research Program

20 EPA Research and Studies cont Office of Water National Pilot Study of PPCPs in Fish Tissue Principle Goals The purpose of the study is to investigate the occurrence of PPCP chemicals in fish tissue from effluent-dominated streams at five locations in various parts of the U.S. Study Design Collecting fish samples from 5 effluent dominated streams from various locations across the country Collecting 18 to 24 fish in the vicinity of wastewater treatment plant discharges Validated analytical methods available for 37 PPCP compounds (24 pharmaceuticals, 13 personal care products)

21 EPA Research and Studies cont Office of Water cont Publicly Owned Treatment Works Study Principal Goals Establish baseline for POTW raw wastewater characteristics and characterize performance of an expanded list of pollutants for various treatment technologies Priority (toxic), conventional and non-conventional pollutants Study Design Sample 9 POTWs with secondary treatment or better Sample influent and effluent Collect available information and identify data gaps Identify emerging pollutants of interest Develop/refine analytical methods

22 EPA Research and Studies cont. Office of Water cont National Targeted Biosolids Survey Purpose Gather information to update assessment of risks from pollutants in sewage sludge Study Design Random selection of 75 POTWs Sampling for presence and concentration of metals, 9 chemicals, and up to 59 PPCPs and flame retardants Currently developing methods for identification and quantitation of three classes of PPCPs and estrogen-related compounds that persist in biosolids.

23 Opportunities for Collaboration Data sharing with various agencies (e.g.usgs, CDC, FDA, USDA) Occurrence and health effects data To develop water quality standards/criteria To develop drinking water regulations To assess increasing antibiotic resistance To develop effluent guidelines Technology sharing Methods development Treatment External input into EPA assessments

24 Next Steps Collaborate Collaborate Collaborate Collaborate with Federal/non-Federal partners in targeting research and testing to fill data gaps to support criteria development and regulatory actions Broaden collaboration with USGS on methods development and monitoring

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