U.S. EPA Regulatory Update October 2013 1 U.S. EPA Regulatory Update U.S. EPA Regulatory Update Miguel A. Del Toral October 3, 2013 U.S. EPA Regulatory Update Outline • Regulatory Development Process • Revisions to Existing Law/Regulations Revised Total Coliform Rule Reduction of Lead in Drinking Water Act Lead and Copper Rule Long-Term Revisions • Other Regulatory Development Activities
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U.S. EPA Regulatory Update · U.S. EPA Regulatory Update October 2013 2 U.S. EPA Regulatory Update Generalized Flow of Regulatory Processes At each stage, need increased specificity
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U.S. EPA Regulatory Update October 2013 1
U.S. EPA Regulatory Update
U.S. EPA Regulatory Update
Miguel A. Del ToralOctober 3, 2013
U.S. EPA Regulatory Update
Outline
• Regulatory Development Process
• Revisions to Existing Law/Regulations
� Revised Total Coliform Rule
� Reduction of Lead in Drinking Water Act
� Lead and Copper Rule Long-Term Revisions
• Other Regulatory Development Activities
U.S. EPA Regulatory Update October 2013 2
U.S. EPA Regulatory Update
Generalized Flow of Regulatory Processes
At each stage, need increased specificity and confidence in the type
of supporting data used (e.g. health and occurrence).
Draft CCL
Final CCL
Final Rule
(NPDWR)Six Year Review of
Existing NPDWRs
No further action if
make decision to not to
regulate (may develop
health advisory).
Preliminary
Regulatory
Determinations
Final Regulatory
Determinations
Proposed Rule
(NPDWR)
Public review and comment
Draft UCMR
Final UCMR
UCMR Monitoring
Results
U.S. EPA Regulatory Update
Revisions to Existing Regulations
• Original Total Coliform Rule and Lead and Copper Rule promulgated in 1989 & 1991
• Revised Total Coliform Rule (RTCR)
� Proposed July 2010
� Final Rule: February 13, 2013
• Lead and Copper Rule Long-Term Revisions (LCR-LTR)
� Proposed Rule: TBD - 2015?
� Final Rule: TBD
U.S. EPA Regulatory Update October 2013 3
U.S. EPA Regulatory Update
Revised Total Coliform Rule(RTCR)
Additional Information (U.S. EPA Website):http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr
U.S. EPA Regulatory Update
RTCR Major General ProvisionsMCLs
• Total Coliform MCL replaced with Assessment &
Corrective Action (A/CA) Requirement
• Acute MCL based on TC/E. coli monitoring results
� Fecal coliform is no longer used
• Acute (E. coli) MCL is assessed as follows:
� The system has an E. coli (+) repeat sample following a TC
(+) routine sample.
� The system has a TC (+) repeat sample following an E. coli
(+) routine sample.
� The system fails to take all required repeat samples following
an E. coli (+) routine sample.
� The system fails to test for E. coli when any repeat sample
tests (+) for TC.
U.S. EPA Regulatory Update October 2013 4
U.S. EPA Regulatory Update
RTCR Major General ProvisionsAssessments
• Level 1 (L1) Assessment triggers
� For a system collecting at least 40 samples per
month, more than 5.0% of samples collected are
TC(+)
� For a system collecting fewer than 40 samples per
month, no more than one sample is TC(+)
� Failure to collect all repeat samples
U.S. EPA Regulatory Update
RTCR Major General ProvisionsAssessments
• Level 2 (L2) Assessment triggers
� E. coli MCL violation
� Two L1 triggers in a rolling 12 month period
� A L1 trigger in each of 2 consecutive years
(NCWSs on annual monitoring)
U.S. EPA Regulatory Update October 2013 5
U.S. EPA Regulatory Update
RTCR Major General ProvisionsAssessments
• Basic Elements of Assessments
• Look at atypical events that may affect distributed water quality or
indicate that distributed water quality was impaired
• Review changes in distribution system maintenance and
operation that may affect distributed water quality, including water
storage
• Evaluate source and treatment considerations that bear on
distributed water quality
• Review/evaluate Existing water quality monitoring data
• Determine if there are inadequacies in sample sites, sampling
protocol, and sample processing
U.S. EPA Regulatory Update
RTCR Major General ProvisionsCorrective Action
• Systems must correct all sanitary defects found during
assessments
• “Sanitary defects” and Corrective Actions must be
described in the Assessment form
� PWS must submit assessment to the State within 30 days
� State may require more immediate action by PWS
• A timetable for any Corrective Actions not already
completed must also be in the form.
� The State will determine a schedule after consulting with the
PWS
• The State determines if the Assessment is sufficient
U.S. EPA Regulatory Update October 2013 6
U.S. EPA Regulatory Update
RTCR Major General ProvisionsMonitoring Requirements
• Sampling plans required for all systems
• Systems taking at least 1 routine sample per
month
� Requirement for five additional routine samples
following TC(+) result has been eliminated
• Systems sampling less frequently than monthly
� Number of additional routine samples required
reduced from 5 to 3
• Reduced repeat monitoring from 4 samples to 3
samples per TC(+) result for PWS ≤ 1,000
U.S. EPA Regulatory Update
RTCR Provisions(specific requirements)
• Seasonal systems
� Implement a State-approved start-up procedure
� Monitor monthly or during most vulnerable time period.
• New requirements for community and non-community systems to reduce monitoring or remain on reduced monitoring
• Many different State approaches to implementing the RTCR� Anticipate that States RTCR programs will vary
U.S. EPA Regulatory Update October 2013 7
U.S. EPA Regulatory Update
RTCR Guidance/Training(under development)
• A Small Systems Guide to the Revised Total Coliform
Rule
• Revised Total Coliform Rule: A Quick Reference Guide
• RTCR laboratory quick reference guide
• Fact sheets, placards
• Assessments and Corrective Actions Guidance
• Webcasts for States and PWSs (beginning in Fall 2013)
U.S. EPA Regulatory Update
Questions
U.S. EPA Regulatory Update October 2013 8
U.S. EPA Regulatory Update
Reduction of Lead in Drinking Water Act(Effective January 2014)
U.S. EPA Regulatory Update
Reduction of Lead in Drinking Water Act
• SDWA Amendment (signed Jan 5, 2011)
� Prohibits any pipe or plumbing fixture that is not
lead-free to be introduced into commerce after
Jan 4, 2014.
� Revises the definition of ‘Lead-Free’ to: “not more
than a weighted average of 0.25 percent lead
when used with respect to the wetted surfaces of
pipes, pipe fittings, plumbing fittings, and fixtures.”
U.S. EPA Regulatory Update October 2013 9
U.S. EPA Regulatory Update
Reduction of Lead in Drinking Water Act
• EPA-ORD Brochure on Lead-Free Certification Marks
� Assist general public and public water systems to identify lead-free plumbing materials using certification marks
U.S. EPA Regulatory Update
Reduction of Lead in Drinking Water Act
• EPA published draft ‘frequently asked questions’ on website:
� Comments received from 150+ organizations and individuals
� Final FAQs anticipated before end of the calendar year, if not sooner
Additional Information (U.S. EPA Website):http://water.epa.gov/lawsregs/rulesregs/sdwa/lcr
U.S. EPA Regulatory Update
Lead & Copper RuleLong-Term Revisions
• Original rule was promulgated in 1991
� Many studies have been conducted since 1991 on
corrosion and corrosion control
� Lessons learned from systems attempting to
simultaneously comply with multiple NPDWRs
• Several relatively minor revisions have been
made to the rule since 1991
• Significant issues left for LCR ‘Long-Term’
revisions
U.S. EPA Regulatory Update October 2013 12
U.S. EPA Regulatory Update
Lead & Copper RuleLong-Term Revisions
The goal for the LCR Long-Term Revisions is to improve public health protection provided by the LCR by making substantive changes based on topics that were identified in the 2004 National Review, and to streamline the rule requirements.
U.S. EPA Regulatory Update
Lead & Copper RuleLong-Term Revisions
•Challenges� LCR is the most complex rule� Simultaneous compliance has resulted in unintended consequences for some systems
� Not all problems affect all systems•Systems with and without lead service lines•Infrastructure work can affect lead levels•Water quality differences •Ground water and surface water systems can have different issues
� Current rule provisions are outdated, and rule requirements are prescriptive/inflexible
U.S. EPA Regulatory Update October 2013 13
U.S. EPA Regulatory Update
Lead & Copper RuleLong-Term Revisions
• Potential Changes
� Sample site selection criteria (lead and copper)
� Sampling procedures for lead and copper tap monitoring
� Public education for lead and copper
� Corrosion control treatment & process control
� Lead service line replacement requirements
� Remove/revise outdated requirements
� Streamline rule requirements for systems
� Other Issues
U.S. EPA Regulatory Update
Sampling ProtocolJust to Highlight One Area
• EPA Region 5 and Chicago DWM partnered to conduct a sampling study
� Evaluate the current sampling used by public water systems to monitor lead levels.
� Three rounds of comparative stagnation sampling by volunteers in 32 single-family homes in Chicago.
� To inform EPA during Lead and Copper Rule revisions.
U.S. EPA Regulatory Update October 2013 14
U.S. EPA Regulatory Update
All samples � Volume = 1 liter; Stagnation time >= 6 hours
Three rounds of monitoring:1) Mar/Apr 2011
� first-draw
� flushed: 45 sec
2) June 2011� 12 sequential
3) Sept/Oct 2011� 11+ sequential
� first-draw
� flushed: 3, 5, 7 minute
• “First-draw” included normal household use or pre-flushing