SDWA Compliance - New Enforcement Response Policy & Enforcement Targeting Tool

EPA is proposing a new approach for enforcement targeting under the Safe Drinking Water Act (SDWA) for Public Water Systems. The new approach is designed to identify public water systems with violations that rise to a level of significant noncompliance by focusing on those systems with health-based violations and those that show a history of violations across multiple rules, This system-based methodology is intended to ensure consistency and the integrity of the PWSS national enforcement program. The new approach includes a revised Enforcement Response Policy (ERP) and new Enforcement Targeting Tool (ETT).

The Enforcement Response Policy and Enforcement Targeting Tool re-emphasize a focus on "return to compliance" (RTC) rather than simply "addressing" a violation. The policy is intended to increase EPA's effectiveness in the protection of public health. Together the ERP and ETT will prioritize and direct enforcement response to systems with the most systemic noncompliance by considering all violations incurred by a system in a comprehensive way. The policy and tool identify priority systems for enforcement response, provide a model to escalate responses to violations; define timely and appropriate actions; and clarify what constitutes a formal action.

In general, the goal of the revised ERP and new ETT is to allow States and EPA to:

• Align public water system violations of the Safe Drinking Water Act within a prioritization that is more protective of public health;
• View public water system compliance status comprehensively;
• Ensure that both EPA and the States act on and resolve drinking water Violations;
• Recognize the validity of informal enforcement response efforts while ensuring that, if these efforts have proven ineffective, enforceable and timely action is taken;
• Ensure that EPA and the States escalate enforcement efforts based on the prioritization approach;
• Increase the effectiveness of state and federal enforcement targeting efforts by providing a "tool" that calculates comprehensive noncompliance status for all systems and identifies those systems not meeting national expectations as set by EPA.

It also provides an additional resource for identifying systems possibly in need of other State/EPA assistance in the areas of Capacity Development and Sustainability.

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UST Training Requirements - New MPCA Rule 7150

On December 7, 2009, the Minnesota Pollution Control Agency (MPCA) published notification its intent to finalize amendments to State rules governing the operation of underground storage tank (UST) systems (Minnesota Rules Chapter 7150). For the most part, these amendments are being made to bring Minnesota Rules into conformance with the Federal UST requirements in Section 1524 of the Energy Policy Act of 2005.

The revised Minnesota Rules include specific training requirements for the three classes of UST system operators. Class A and B operators must pass an agency-administered examination verifying operator knowledge of the UST system with a score of 75 % or higher. Newly designated Class A and B operators must pass the agency-administered examination within 30 days after being designated by the owner or operator of the tank system.

A Class B operator must retake the examination within 30 days after a change in any of the following tank system components:
(1) tank or piping construction material;
(2) tank or piping release detection method; or
(3) type of cathodic protection system.

Current Class A and B operators must be designated and pass the initial agency-administered examination according to the following deadlines:

(1) operators at UST facilities where the facility telephone area code is 651 or 952 must pass the examination no later than August 8, 2010.
(2) operators at UST facilities where the facility telephone area code is 612 or 763 must pass the examination no later than August 8, 2011.
(3) operators at UST facilities where the facility telephone area code is 507, 218, or 320, or other area code must pass the examination no later than August 8, 2012.

Further information on environmental and EHS Training

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing compliance procedures, and preparing cost-effective compliance & training programs.

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