Department of Transportation

Drinking Water Update2013

Presentation OutlineDOW OrganizationDrinking WaterFederal LevelState LevelSystem LevelCWA Impacts on PWSs69% of Americans generally take access to clean water for grantedDOW OrganizationDIRECTORSandy GruzeskySURFACE WATERPERMITS BRANCHJory Becker

COMPLIANCE AND TECHNICAL ASSISTANCEBRANCHTom GabbardCONSTRUCTION ANDCOMPLIANCE SECTIONJeff Pratt (Acting)OPERATIONAL PERMITSSECTIONSara BeardPERMIT SUPPORTSECTIONShawn HokansonFLORENCESECTIONTodd GilesLOUISVILLESECTIONCharles RothFRANKFORTSECTIONRob DanielsHAZARDSECTION Damon WhiteLONDONSECTIONRobert MillerMADISONVILLESECTIONRandy ThomasBOWLING GREENSECTIONBill BakerCOLUMBIASECTIONBrian CrumpPADUCAHSECTIONVacantMOREHEADSECTIONDan FraleyRESOURCEPLANNING ANDPROGRAM SUPPORTJon TroutPROGRAMSUPPORTSECTIONLinda Duncan

GRANTMANAGEMENTSECTIONTammy WestWET WEATHERSECTIONElizabeth CoyleFLOODPLAIN MANAGEMENTSECTIONTodd PowersDATA ENTRY ANDMANAGEMENTSECTIONKaren CronenIT SUPPORTSECTIONMelissa Miracle (Acting)WATERINFRASTRUCTUREBRANCHShafiq AmawiWASTEWATER MUNICIPAL PLANNINGSECTIONAnshu SinghSRF AND SPAPSECTIONBuddy GriffinDRINKING WATERCAPACITY DEVELOPMENTSECTIONAnshu Sigh (Acting)ENGINEERINGSECTIONMark RascheDAM SAFETY ANDFLOODPLAIN COMPLIANCESECTIONJeff Pratt (Acting)WATERSHEDMANAGEMENTBRANCHPaulette AkersNONPOINT SOURCEAND BASIN TEAMSECTIONJames RoeGIS AND DATAANALYSISSECTIONJolene BlansetWATER QUANTITYMANAGEMENTSECTIONChris YearyGROUNDWATERSECTIONDavid JacksonWATER QUALITY BRANCHClark Dorman

MONITORINGSECTIONRodney PierceWATER QUALITYCERTIFICATIONSECTIONBarbara ScottTMDLSECTIONAmy SiewertDRINKING WATERCOMPLIANCE AND TECHNICALASSISTANCE SECTIONNatalie Bruner

ASSISTANT DIRECTORPeter GoodmannJulie RoneyDrinking Water Program CoordinatorDCADENFDEPS4DOW OrganizationNew DOW StaffJon TroutRPPS Branch ManagerDanielle CrosmanDOW Reg Writer/LegislationNew DW Staff and/or positionsNatalie BrunerDWCTA SupervisorRodney RipbergerPN/CCR ManagerEileen BurkeSWTR/MOR ManagerJason LambertCapacity DevelopmentShannon McLearyPaducah RO SupervisorLinda MettsHazard RO TA/SS Coordinator/Enforcement

Federal Drinking Water NewsFederal Drinking Water NewsEPA PrioritiesBudgetFederal levelState SRFsNutrients and nutrient reductionIntegrated planningSDWA/CWA collaborationSource water protectionInfrastructure (green)Childrens health (schools, daycares)New rules and policiesSDWIS NextGen

Small systemsResiliency and disaster responsePartnershipsClimate changeHow we look at water

Federal BudgetContinuing Resolution through September 2012 was sent to the president on March 21 for signatureSequestration has a 5% across-the-board cutAffects STAGs and SRFs and EPA staffASCE 2013 Report Card on Americas InfrastructureWater and wastewater both received a DIn KY water received a C+Roughly $325B needed in DW alone75% for main replacement/repairFederal Drinking Water NewsRevised Total Coliform RuleSigned in late December 2012 and in the Federal Register Effective date is April 1, 2013 PWS Compliance is April 1, 2016Carcinogenic VOCs by GroupProposed Rule ~October 2013Final Rule ~June 2015PerchlorateProposed Rule ~December 2013 (misses February 2013 deadline)Final Rule ~August 2014Federal Drinking Water NewsElectronic Delivery of CCRsGuidance to States on January 3, 2013There will not be a regulation changeMust be able to notify all customers of the electronic availability of the CCRExamples of electronic deliveryDirect URL to the CCR (i.e., few clicks)Example: Monthly bill with URL prominently displayedEmail with CCR attachedReact to failed emailsMust have the ability to be notified by a customer wanting a paper CCR

Federal Drinking Water NewsUnacceptable electronic delivery methodsURL that requires additional navigation Social mediaAutomated phone callsTier 3 Public Notification and the CCRHave received written documentation from EPA that Tier 3 PNs for the applicable CCR year can be included with eCCRs

More details later in presentation

Federal Drinking Water NewsLead and Copper Long Term RevisionsProposed Rule ~September 2013Final Rule ~May 2014 but EPA indicates this will be delayedInitial proposals includeSeparate lead and copper monitoring sitesRevising the lead service line replacement requirementsLead Reduction in DW ActEffective January 2014EPA to develop and distribute guidance in conjunction with the LCR revisionsNo date yet for thisIssues with maintenance/small part replacements

Federal Drinking Water NewsLead Act (No Lead Rule)Effective January 2014Amends the SDWA language on the prohibition of lead pipes/solder/fluxLead-free now defined as no more than 0.25% lead in the wetted surface material based on a weighted averageAffects both the PWS and customers (home plumbing fixtures are included)NSF website has vendors listed that meet the new criteria (www.nsf.org)Plumbing code overlapsStates are very concerned with the impacts on systems and a possible strict interpretation

Federal Drinking Water NewsUCMR 3Monitoring in 2013-2015; Round 3 includes purchasing systemsEPA Region 4 directly implementing this ruleContaminants include hormones, perfluorinated compounds (PFOA/PFOS), VOCs, metals (Cr-6), 1,4-dioxane, chlorate and pathogensLT2 SWTR ReviewReview involves improvements to the Crypto method, comments on uncovered finished water reservoirs, bins and microbial toolboxSome speculation that the review may affect the next round of source water monitoring scheduled to begin in 2015

Federal Drinking Water NewsSDWIS Next Gen 1.0EPA goal is to convert in September 2014Intermediate may be SDWIS 3.2 through 9/2015 (KY migrated to 3.2 in March)Cloud storage versus server storageDirect lab/system input??CostInitial version will be bare bones, just what is needed for inventory and to run complianceFocus on core PWS information, requirements, notification, monitoring, complianceWill not include flexibility for state rules and add-ons, operator certification, plan review, permitting, billing

Cyber-SecurityExecutive Order 13636 on Improving Critical Infrastructure CybersecurityPresidential Policy Directive #21 Critical Infrastructure Security and ResilienceIntegrated Task Force through DHSReinforces the need for holistic thinking on security and risk management

Kentucky and PWS Drinking Water News54% of Americans estimate they use 50 gallons or less of water daily when they actually use almost 2X that amountState BudgetLets just say its not looking goodCuts in general fundsStaffing capsCoupled with cuts in Federal fundingSame with less or even Less with lessPotential State Regulatory ChangesFor 2013Clean up semi-public language in 8:150Clean up bottled water regulations in 8:700For 2014Revised Total Coliform RulePerchlorate (possibly late in 2014)Under considerationWater Supply PlanningSubmeteringRTCR Assessment ImpactIn wine there is wisdom, in beer there is strength, in water there is bacteria (David Auerbach 2002)YearLevel 1Level 2Comment on Level 22008173All CWS (2 SW, 2 SWP)20091731 CWS, 1 TNC20102232 CWS (1 SW, 1 SWP), 1 TNC2011191CWS (1 SWP)2012160KY Drinking Water SystemsPublic Water Systems (as of 12/31/2012) 457144 Surface Water (31%)179 Surface Water Purchasers (40%)111 Ground Water (24%)23 Ground Water Purchasers (5%)Population Breakdown23% with population over 10KOf those 108 PWS, 11 have more than 1 plant but not more than 377% with populations less than 10K58% with populations less than 500044% purchase56% produceIn 1996713 PWSsKY is considered a small system stateKY Public Water System Violation Trends232012: Chlorine, TOC, Coliforms, CCR, MORThis slide shows the last 5 years and associated violations. You will notes that the Monitoring and reporting violations (which is primarily paperwork issues) are decreasing and health-based violations have remained relatively steady.23KY Public Water System Violation TrendsEnforcement Targeting ToolSince January 20129 PWS referred for formal enforcement due to having 11 or more points on the ETT list3 had CCR and PN violations only7 had CCR and/or PN violations along with other violations (primarily DBPs and TOC)January 2013 Watch List (5-10 points or schools)All 4 have PN and/or CCR violationsAll 4 have M&R violations PWS InventoryAny change in PWS inventory must be sent to DOWInventory means addresses, official contact, operators, treatment processes, storage, sources, new wells, etcOften the information comes internally Any change or modification of a systems sanitary features of design must be approved by DOWNew chemical feed processes, booster stations, baffling, etcPWS ApprovalsTreatment ChemicalsBoth trial and permanent use of new treatment chemical must be approved (Don DeKoster)Information now being included in the approval letter regarding possible additional approvals if the new chemical requires a new feed system, containment or other engineering review itemsEngineeringAny addition or modification must be approved

Monthly Operating ReportsDOW considering revisions to the MORReturn to 3 separate documents (surface producer, groundwater producer, purchaser)Adding in the GWR requirements (currently a separate file)Cleaning up/improving the calculations, automatic page pre-population, etcTrue eMOR cannot be developed until approval is received from EPA on how DEP accepts outside data and SDWIS NextGen is implementedKY CCRs for 2012KY will accept eCCRs for the 2012 year with the following requirements:Will still require hard-copy CCR with CCR certification and PN certification (if applicable)CCR certification will be revised to include eCCR option, URL, etc.Primary distribution shall be via a bill insert or bill with a clear, easily seen web address that takes a customer directly to the CCRShall also include a brief summary on the bill or insert as to what this URL isKY CCRs for 2012eCCR requirements (continued)Those customers that use electronic or direct bill pay shall be sent an email with the eCCR linkA checkbox on the bill pay stub for those that want a paper CCRThe eCCR and the paper CCR shall be identicalPDF formatThe eCCR shall remain on the utility website for at least 3 monthsGood Faith efforts to reach non-bill paying customer shall continueAt least 1 method to be paper with others such as social media, other websites, etc.Sign-up for such customers to receive future utility emails30KY CCRs for 2012DOW has begun its pre-reviews of 2012 CCRs as of February 15Will do 3 pre-reviews per systemWill end pre-reviews as of June 15, 2013Stage 2 DBP RuleFirst round of compliance will be run in April 2013 for Schedule 1 systemsAnticipating DBP non-compliance to begin to increaseFirst OELs received in January 2013Schedule 3 and most 4 systems begin compliance monitoring in October 2013Based on what was seen with Schedules 1 and 2, these systems will not be ready

Preparing for Stage 2Schedules 3 & 4Things to do:Locate the IDSE Report Verify the sample sites (what if the business has closed, etc) and sample scheduleDBP site codes must be 3 digits for SDWIS to accept the dataSo if your IDSE used a different naming process, you need to complete a Specific Site Information Form for DBPsYou cant change the schedule if it changes the month of warmest temperature

Preparing for Stage 2Schedules 3 & 4Things to do (continued):Contact your lab Re-educate yourself on the rule requirementsCompliance is now by siteOELs must be calculated each quarterTOC monitoring is still required if a SW producerDevelop a working relationship with your producers and/or purchasersPurchasers are going to especially challengedDistribution system operators need to request water quality data from their purchasersKnow your source water!

Dealing with Stage 2DOW LevelWorking with Engineering to review impacts of proposed projects on DBP levelsNeed to develop projects that solve todays problems without creating future onesOver 93% of Kentuckians have access to potable waterBigger distribution systems, more tanks, longer lines, less turnover == possibly higher DBPsChallenge to continue to regionalize while maintaining water qualityRe-evaluating C-T inactivations on a case by case basisIncreased technical assistanceUsing the Enforcement Targeting ToolCapacity Development/SustainabilityAfter 7 years and 2 sanitary survey cycles, the DOW may be considering a new programmatic approach to capacity developmentMay consider capacity development as planningMay incorporate critical capacity items such as budgets, asset management, water audits, emergency response, etc As a need but not necessarily a metricBroken/leaking infrastructure loses 1.7 Trillion gallons of water each yearCDAP 2013DOW and RCAP partnershipCall for projects ended December 7, 2012Small systems with sanitary survey deficiencies or recommendations that impact capacity72 projects received22 PWSs will receive assistance for 25 projects totaling ~280,000Projects include O&M manuals, mapping, leak detection/water loss, tank inspections, rate studiesLetters and the press release out the week of February 11th240,000 main breaks each year (ASCE 2013 Report Card)Emergency Response PlanningWorking with KRWA to improve emergency response planning at PWSsDOW developed a format http://water.ky.gov/DrinkingWater/Pages/CapDev.aspx KRWA working with selected PWSs on developing a good, usable ERP

Contact Anne Powell with DOW (Anne.Powell@ky.gov) or Joe Burns with KRWA (j.burns@krwa.org) for more information.

DW SRFCall for Projects ended mid-December 2012WRISIntended Use Plan Projects will be ranked and provided to KIA to create the Priority ListIUP is developed and public meeting heldUnliquidated Obligations (both capital and set-asides)Just-in-time thinking with no banking of funds Watching Congressional actionsBoth CW and DW SRFs WIFIA (proposed)DW Needs Survey in under final reviewA water main breaks every 2 minutes in AmericaSimultaneous ComplianceWhen compliance activities for one rule affects another ruleoften adverselyChlorine residual and DBPsCorrosion control and DBPs and secondariesWhen compliance activities in one Act affects another ActCWA and SDWA overlapsSDWA and CAA overlaps

We are all downstream(Ecologists Motto)2012 AWOPOnly those systems that committed to the program goals will receive certificates or be considered for awardsMicrobial51 plants (~1/3 of all SW WTPs) serving a population of approximately 2.165 million people19 of the WTPs serve combined populations of less than 10,000 (~27%)DBP16 systems met the optimized DBP goals

2012 Drought The solution to our water problems is more rain (Mark Twain)Clean Water News(Yes it does impact drinking water)Federal Clean Water NewsIntegrated PlanningPrimarily wastewater and stormwaterDOW may look at holistic planning and include DWWaters of the USNutrients StormwaterKYR00 Industrial Storm Water Discharge Permit out for public notice in February

The sewer is the conscience of the city(Victor Hugo, Les Miserables 1862)Kentucky Clean Water Regulatory ActionsWastewater Laboratory CertificationShould be sent to LRC in March 2013Clarification Nationwide Permit #12 for Utility Line Backfill and BeddingApplicants now required to submit a water quality certification application and sediment/erosion plan to quality for a general permithttp://migration.kentucky.gov/Newsroom/water/dow401.htm

Permit TypeApproximate Letter Send DateInitial NetDMR# Permits Yet to Convert to NetDMRMajors12/27/2012May 201364Quarterly: KYG50 - KTC / Municipals - M1 / Schools - M31/17/2013June 2013170Monthly: Municipals - M1 / Schools - M32/18/2013July 2013188Monthly: Subdivisions - M3 / Schools - M4 / Small Sewage - M53/19/2013August 2013191Quarterly: Subdivisions - M3 / Schools - M4 / Small Sewage - M54/19/2013September 2013168Monthly : Small Sewage - M5 / Ind. Industries & Gen. Non Coal, Ind. Coal - I25/20/2013October 2013185Monthly: Ind. Industries & Gen. Non Coal, Ind. Coal - I2 / Individual Stormwater - I106/20/2013November 2013186Quarterly: Small Sewage - M57/19/2013December 2013167Monthly: Ind. Industries & Gen. Non Coal, Ind. Coal - I2 / Landfills - I68/19/2013January 2014183Monthly: Landfills - I6 / Oil Leases - I8, Water Plants - I99/19/2013February 2014182Quarterly: Small Sewage - M5 / KIMOPs - M6 and Individual Stormwater - I1010/21/2013March 2014161NetDMR Approved--N/A245Home Units - KYG40--N/A1474Total Permits expecting DMRs per ICIS3564Total Permits still to begin using NetDMR1845Percent of Permits that will be required to use NetDMR that are currently in NetDMR11.7%Net DMR Roll Out Schedule**Dates could vary but not significantlyKentucky Clean Water Hot TopicsPotential for increasing levels of source water bromideDownstream impacts for DW systems (carcinogenic DBPs)EPA looking at hydrologic flow to protect downstream water qualityMining impacts on drinking water sources

Questions??Comments??Julie W. RoneyDrinking Water Program CoordinatorJulie.Roney@ky.gov