Federal Drinking Water Regulatory

and Legislative Update

Adam T. Carpenter

ABC Annual Conference

January 13, 2017

Outline

1. Legislative update / infrastructure, and what

the new administration and Congress means

for water

2. Regulations on the horizon

3. Lead in Drinking Water highlight of challenges

End of old administration

Action Date Status Implications

Drinking Water Regulations

Implementation of the

Lead and Copper Rule

Provisions

13 Oct

2016

Guidance Selection of Lead and Copper Rule compliance

monitoring sites.

Fourth Unregulated

Contaminant

Monitoring Rule

20 Dec

2016

Final Rule This rule identifies 30 chemical contaminants,

including nine cyanotoxins and one cyanotoxin

group; two metals; eight pesticides and one

pesticide manufacturing byproduct; three

brominated haloacetic acid disinfection

byproduct groups; three alcohols; and three

semivolatile organic chemicals. Monitoring

begins January 1, 2018.

Use of Lead Free Pipes,

Fittings, Fixtures, Solder

and Flux for Drinking

Water

5 Jan

2017

Proposed

Rule (pre-

publication

release)

Implementing Reduction of Lead in Drinking

Water Act of 2011 (RLDWA) and the

Community Fire Safety Act of 2013 to prohibit

the use and introduction into commerce of

plumbing products for use in potable water

systems that are not lead free.

Part 2Water Supply

Use of U.S. Army Corps of

Engineers

Reservoir Projects for Domestic,

Municipal & Industrial Water

Supply

16 Dec

2016

Proposed Rule Explain and improve Army Corps interpretations and practices

under Section 6 of the Flood Control Act of 1944 and the Water

Supply Act of 1958 for governing the use of its reservoir projects

for domestic, municipal and industrial water supply.

Best Practices for Water

Conservation and Efficiency as

an Alternative for Water Supply

Expansion

22 Dec

2016

Report Document describes water conservation and efficiency best

practices for evaluating water supply projects. Report is intended

to inform assessment of the potential for water conservation and

efficiency savings to minimize the need for new water supply

development.

SDWA Future Direction

Lead and Copper Rule Revisions

White Paper

26 Oct

2016

Report Paper highlights challenges, potential benefits, and analytical

issues present in regulatory option analysis for revision of the

Lead and Copper Rule.

Drinking Water Action Plan 30 Nov

2016

Report EPA released a plan intended to urge collaborative action by

government, utilities, and other stakeholders to increase the

safety and reliability of drinking water.

Drinking Water Contaminant

Candidate

List 4

17 Nov

2016

Notice of Final List CCL 4 includes 97 chemicals or chemical groups and 12 microbial

contaminants, which EPA has identified as warranting evaluation

for regulating.

Third Review of Existing

Drinking Water Standards

11 Jan

2017

Notice of

Proposed Action

Every six years EPA reviews existing national primary drinking

water regulations to determine which, if any, need to be revised.

Highlights revision of disinfection practice and disinfection

byproduct management as a priority work area.

Part 3Clean Water

Clean Water Act Methods

Update Rule for the Analysis of

Effluent

15 Dec

2016

Final Rule (pre-

publication

release)

Rule updates the list of approved methods for compliance

monitoring under the Clean Water Act and modifies the

procedures for determining the adequacy of methods for

approval.

Human Health Recreational

Ambient Water Criteria and/or

Swimming Advisories for

Microcystins and

Cylindrospermopsin

19 Dec

2016

Notice Draft recommended concentrations for Microcystins and

Cylindrospermopsin in recreational water protective of human

health while swimming or engaged in other activities on the

water.

EPA-USGS Technical Report:

Protecting Aquatic Life from

Effects of Hydrologic Alteration

21 Dec

2016

Notice A technical report on the potential effects of flow alteration

on aquatic life; examples of narrative criteria to support the

natural flow regime and maintain healthy aquatic biota; and a

framework to quantify targets for flow regime components

protective of aquatic life.

Draft Field-Based Methods for

Developing Aquatic Life Criteria

for Specific Conductivity

23 Dec

2016

Notice Draft report provides methods or states to use to develop

water quality criteria for specific conductivity.

Summary of Literature on the

Chemical Toxicity for Plastics

Pollution to Aquatic Life and

Aquatic-Dependent Wildlife

Dec 2016 Report EPA’s assessment of the best available science for plastics

pollution in water.

Part 4!Funding

Credit Assistance for Water

Infrastructure Projects

6 Dec

2016

Interim Final Rule Rule establishes guidelines for the Water Infrastructure

Finance and Innovation Act program and the process EPA will

use to administer credit assistance.

Fees for Water Infrastructure

Project Applications Under

WIFIA

6 Dec

2016

Proposed Rule Rule proposes to establish fees related to the provision of

federal credit assistance under WIFIA.

Notice of Funding Availability for

Applications for Credit

Assistance Under WIFIA Program

10 Jan

2017

Notice EPA announced two rounds for collecting Letters of Interest

from utilities interested in loans under WIFIA. Letters are

being accepted January 10 – April 10, 2017 and from August 1

– September 29, 2017.

All Utilities

Accidental Release Prevention

Requirements for the Risk

Management Programs

21 Dec

2016

Final Rule (pre-

publication

release)

Rule requires greater coordination between facility staff and

local emergency responders including regular exercises.

Information distribution is increased on a need to know basis.

Root cause analysis is required in investigations of

catastrophic releases and near miss events. The definition of

catastrophic release is an event that “present(s an) imminent

and substantial endangerment to public health and the

environment.”

Protecting Drinking Water

Supplies

Geologic Sequestration of

Carbon Dioxide- Underground

Injection Control Program Class

VI Well Plugging, Post-Injection

Site Care and Site Closure

Guidance

20 Dec

2017

Final Guidance Guidance for Class VI permit applicants, owners, and

operators in complying with UIC program requirements.

New Administration’s - Priorities

7

Climate change

Waters of the U.S.

Infrastructure

Managing Regulatory Burden

EPA Core Mission

State Role

National Infrastructure Funding Discussion

• Water infrastructure is now a top tier policy topic

• Recognition that a portfolio of funding tools is needed

• State Revolving Loan Funds

• Water Infrastructure Finance and Innovation Act

• Municipal bonds and private capital

• Challenges include:

• Funding communities in fiscal distress

• Supporting improvements to private property

Drinking Water

$1 Trillion

Wastewater collection and treatment

$198 billion

CSO

$48 billionStormwater

$19 billion

Recycled water

$6 billion

LSL Replacement

$30 billion+

AWWA priorities in 115th Congress

• Funding for DWSRF/CWSRF and WIFIA.

• Reauthorization/optimization of SDWA/SRF.

• Strengthening programs to protect source water in Farm Bill reauthorization.

• Defending tax-exempt muni bonds and lifting caps on PAB’s for drinking water.

Water Infrastructure Finance and Innovation Act

10

• December 6, 2016

– Interim Final Rule, Credit Assistance for Water Infrastructure Projects, Proposed Rule

– Proposed Fees for Water Infrastructure Project Applications under WIFIA

• December 9, 2016

– Water Infrastructure Improvements for the Nation Act (WIIN), passes Senate, authorized $20 Million (leverages $1 Billion)

• December 10, 2016

– Continuing Resolution (H.R. 2028) signed

– $100 million in state revolving loan funds where a water emergency has been declared

– $20 million appropriated for WIFIA

State Revolving Loan Funds

• Funded at current levels

• Drinking Water, $0.84 B

• Clean Water, $1.39 B

EPA Drinking Water Action Plan

11

…the future of water … is one of the top public health and economic challenges now facing our country. … we need urgent and sustained action at all levels of government and from all sectors of the economy."

Administrator McCarthyDecember 7, 2016

“It used to be cars were made in Flint, and you couldn’t drink the water in Mexico,” Trump stated. “Now, the cars are made in Mexico and you can’t drink the water in Flint.”

President Elect TrumpSept. 16, 2016, www.breitbart.com

New Administration - People

12

Nominee for EPA Administrator

Nominee for Sec. of Interior

Chair House Rep. Conf.Cathy McMorrisRodgers

Former Com., U.S. Southern CommandGen. John F. Kelly

Nominee for Sec. of HomelandSecurity

Key Subcabinet Positions

Additional Implications

• Expect a hard look at any upcoming regulations, could take a different approach

• Take anything issued election through inauguration as “very likely to be reviewed”

• Not enough detail yet for anything beyond guessing on specific rules

SDWA Processes

14

Six-Year Review of Existing NPDWRs

Proposed Contaminant Candidate List

Final Contaminant Candidate List

Preliminary Regulatory

Determinations

Final Regulatory Determinations

Final Rule (NPDWR)

No Regulatory Action

Proposed Rule (NPDWR)

Draft Unregulated Contaminant Monitoring Rule

Unregulated Cont. Monitoring Rule Observations

Final Unregulated Contaminant Monitoring Rule

Source: Adapted from USEPA presentation (April, 2010)

Six-Year Review

15

2nd Six Year Review Identified

• Acrylamide,• Epichlorohydrin,• Tetrachloroethylene

(PCE)• Trichloroethylene (TCE)

3rd Six Year Review Identified

• Disinfection practices• Disinfection byproducts

2010 2025

Six-YearReview

(Jan 2017?)

Includes reviewingStage 1 DBPR,Stage 2 DBPR, GWR, IESWTR,

LT1ESWTR, LT2ESWTR, etc.

Reg. Determinations

(Jan, 2016)

Fourth Contaminant Candidate List

16

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Health Reference Level (µg/L)

High ratio indicates contaminant is less likely to occur above the HRL based on available data

UCMR4UCMR3UCMR2

Source: EPA 815-R-16-003, November 2016; Pre-Publication UCMR4, December 2016.

17

Example State Actions in 2016Customer notification of Pblevels within 2 business days of receipt (new legislation).

Resubmittal of OCCT water quality parameters (administrative action).

Schools must sample for lead and remediate if >15 µg/L (new legislation).

CWSs must sample schools for lead (new legislation).

CWSs must develop inventory of lead service lines (new legislation).

Identify and map lead service lines (new rule).

Evaluate observed lead values on rolling basis (administrative action).

$2M to assist public schools test for lead (administrative action).

Revised PFC Health Advisory (cum. 20 µg/L) (administrative action).

Water quality parameters added in RTCR Tier 2 Evaluation (administrative action).

Customer notification of Pblevels within 72 hrs.; Community notice of A.L. exceedance in 72 hrs. (new legislation).

Interconnections monitor WQPs bi-weekly, and return to routine monitoring (drought administrative order).

Fourth Unregulated Contaminant Monitoring Rule

18

• Analytes track proposal

• Important changes to monitoring framework

– Monitoring occurs year-round except cyanotoxins

– No source water cyanotoxin monitoring

– No DBP monitoring if not monitoring DBPs under existing rules

Task 2017 2018 2019 2020 2021

Laboratory Approval

Represent. Sample Site Approval

Monitoring Scheduling Approval

Sampling and Reporting

Report Development

On the Regulatory Horizon

• Lead and Copper Rule Revisions

• Perchlorate

• Cyanotoxins

• Chlorate

• Strontium

• Others?

Managing Lead in Drinking WaterThe Washington Post

Little Action on Lead Warnings

Many D.C. Residents Remain Unaware of

Problem

By Monte Reel and Sarah Cohen, Washington Post Staff Writers3/14/04

1990

2000

2010

Initial Optimized Corrosion Control Treatment install. at systems >50,000 pop. Served (< 1998)

17

yea

rs

Lead and Copper Rule Published (1991)

Lead Ban takes effect

Revised lead ban takes effect (2014)

Lead and Copper Rule Revised(2007)

Stakeholder Process (2014 - 2015)

Stakeholder Process (2005 - 2006)

Proposed Rule (2017)

• Public health goal is zero exposure

• CDC lowered “Level of Concern” triggering community action, from 10 µg/dL to 5 µg/dL

• As other sources of lead decline, drinking water is an increasing fraction of environmental exposure

6ye

ars

Selected Events

21

2000

2010

Washington, DC

Chicago, IL

Providence, RI

Seattle Public Schools

Flint, MI

New York City, NY

Newark Public Schools

Raleigh, NCGreenville, NC

Montreal, Canada

Event order not verified.

National Drinking Water Advisory Council

The Board of the American Water Works Association voted unanimously to support recommendations from the NDWAC that strengthen the Lead and Copper Rule and ultimately lead to the complete removal of lead service lines.

March 8, 2016

1. Locate and replace all lead service lines completely, sharing responsibility for that replacement with customers

2. Conduct additional monitoring and analysis of water quality parameters in order to better manage corrosion control

3. Expand educational outreach to alert customers to the risks posed by lead and steps they can take to reduce those risks

4. Shift from current compliance monitoring to analyzing customer‐samples for lead upon request.

EPA Rulemaking

1. Significant political pressure to move quickly

2. States were recently uninvited to the EPA-State Workgroup

3. Public pronouncement of proposal in 2017

4. Public statements that

• LCR is broken

• Flint is providing insights beyond substance of NDWAC recommendations

“Lead service line means a service line made of lead which connects the water main to the building inlet and any lead pigtail, other fitting which is connected to such lead line.” 40 CFR 141.2

Defining Lead Service Lines

AWWA

• Strategies for Assessing Optimized Corrosion Control Treatment of Lead and Copper. Jour. AWWA, 105:62-75

• High-Velocity Household and Service Line Flushing Following LSL Replacement,” Jour. AWWA, 107:3

• Controlling Lead and Copper Rule Water Quality Parameters,” Jour. AWWA, 107:2.

• Communicating with Customers about Lead Service Lines

• Strategies to Obtain Customer Acceptance of Complete Lead Service Line Replacement

• Assisting Schools and Child Care Facilities in Addressing Lead in Drinking Water

WaterRF (most recent)

• Evaluation of Lead Sampling Strategies

Free Resources and Tools Available

Thank you for the opportunity to make this

presentation. Questions?

Contact information:Adam T. CarpenterManager – Energy and Environmental PolicyWashington, DC202.326.6126acarpenter@awwa.org

You can track development of lead issue and available resources on AWWA’s Lead Resource Pageand any other items on their respective resource pages