Public Meeting On Proposed National Primary Drinking Water Regulation for Perchlorate

EPA will hold a public meeting and a webcast to share information with the public related to treatment technologies, analytical methods, and other information on the development of a proposed National Primary Drinking Water Regulation for Perchlorate. Perchlorate is a naturally occurring and man-made chemical that is used to produce rocket fuel, fireworks, flares, and explosives. It is sometimes used to produce bleach and certain fertilizers. Scientific research suggests perchlorate can have adverse health effects, including disrupting the thyroid's ability to produce hormones needed for normal growth and development.

EPA says it anticipates publishing its proposed rule for regulating perchlorate for public review and comment in 2013.

The public meeting and webcast will take place on September 20, 2012, from 10 am to 4 pm (EST), in Arlington, Virginia. Anyone wishing to participate in the in-person meeting must register in advance no later than 5 pm EST on September 17, 2012. Seating is limited and will be available on a first-come, first-served basis for those persons registered. Webcast participants must register in advance; EPA says the number of connections available of the webcast is also limited and will be available on a first-come, first-served basis.

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Implementation of the Reduction of Lead in Drinking Water Act

On August 16, 2012, the US Environmental Protection Agency (EPA) plans to host a public meeting to get input from states, manufacturers, drinking water system administrators, and other interested groups and consumers on the implementation of the Reduction of Lead in Drinking Water Act of 2011. The Act was signed on January 4, 2011, and will go into effect in January 2014. The meeting will be held at the EPA Conference Center in Arlington, VA, from 1 - 4:30 pm.

The Act amends Section 1417 of the Safe Drinking Water Act (SDWA) to prohibit the use of certain plumbing products that are not “lead free” (as defined by SDWA), and bans the introduction of products that are not “lead free.” The revision to the SDWA changed the definition of "lead-free" to a lead content with weighted average of not more than 0.25% in the wetted surface material. In addition, the Act added a specific formula for calculating lead content. Finally, the Act created two separate exemptions to the prohibitions on the use and introduction into commerce of products that are not “lead free.”

Some changes to the Act raised implementation challenges and issues that may warrant further regulatory changes. EPA says it would make any needed regulatory changes as part of the Lead and Copper Rule long-term revisions. Because the final Lead and Copper Rule revisions will be published after the effective date of SDWA revisions, the Agency intends to provide information to assist plumbing manufacturers, states, water systems, plumbing retailers, and other parties in complying with the provisions of the Act starting in 2014. Information in the public meeting will help inform these stakeholders on the regulatory revisions that will affect them.


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Finished Water Storage Facility Inspection Rule

EPA is considering proposing the addition of finished water storage facility inspection (SFI) requirements to the Revised Total Coliform Rule (RTCR). In the preamble to the July 2010 proposed RTCR (75 FR 40926), EPA requested comment on the value and cost of storage facility inspection and cleaning.

EPA received comments regarding unsanitary conditions and contamination that can be found in finished water storage facilities that are not routinely inspected and cleaned, including breaches and accumulation of sediment, animals, insects, and other contaminants. While EPA could finalize such requirements based on the comments received on proposed RTCR, the Agency is considering a proposal in order to allow interested parties to comment and provide relevant information. EPA is considering requirements for public water systems to inspect the interior and exterior of their finished water storage facilities at least once every five years and to correct any sanitary defects found. Any potential requirements would apply to all public water systems that have one or more finished water storage facilities. Like the final RTCR, the proposed storage tank inspection requirements will maintain or improve public health protection by reducing cases of illnesses, and possibly deaths, due to exposure to waterborne pathogens.

EPA current projects a Notice of Proposed Rule Making will be published in the Federal Register in August 2012.

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Chemicals Added To Monitoring Requirements For Public Water Supplies

On May 2, EPA published a list of 28 chemicals and two viruses that public water systems will monitor from 2013 to 2015. This effort is part of the Agency's unregulated contaminant monitoring program, which collects data for contaminants suspected to be present in drinking water, but do not have health-based standards set under the Safe Drinking Water Act.

EPA will spend more than $20 million to support the monitoring, the majority of which will be devoted to small drinking water systems. The data collected under the Unregulated Contaminant Monitoring Rule 3 (UCMR 3) will inform EPA about the frequency and levels at which these contaminants are found in drinking water systems across the country, and will help determine whether additional protections are needed to ensure safe drinking water for Americans. State participation in the monitoring is voluntary. EPA will fund small drinking water system costs for laboratory analyses, shipping, and quality control.

EPA has made it a priority to address hexavalent chromium in drinking water and the list of contaminants to be studied includes total chromium and hexavalent chromium. In January 2011, EPA issued guidance to all water systems on how to assess the prevalence of hexavalent chromium and in the March 2011 proposal for UCMR 3, EPA invited comments on whether the agency should include chromium in the final rule. Public comments received by EPA strongly supported adding total chromium and hexavalent chromium for monitoring.

EPA selected the contaminants by first reviewing the agency's contaminant candidate list, which highlights priority contaminants that need additional research to support future drinking water protections. The contaminants on the list are known or anticipated to occur in public water systems. However, they are not addressed by existing national drinking water standards. Additional contaminants of concern were selected based on current occurrence research and health-risk factors. EPA has standards for 91 contaminants in drinking water, and the Safe Drinking Water Act requires that EPA identify up to 30 additional unregulated contaminants for monitoring every five years.

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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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