The New Significant Non-Complier list

1. Sustained Compliance: What It Means to Public Water System Owners and Operators Anchorage, Alaska September 23-24, 2010 The New Significant Non-Complier list Kelly Cobbs Environmental Program Specialist Drinking Water Program

2. How do you get a copy of the SNC list? Posted Quarterly on Drinking Water Websitehttp://www.dec.state.ak.us/eh/dw/index.htm Direct Link to SNC List Page http://www.dec.state.ak.us/eh/dw/dwmain/SNC.htm If you would like to be notified via email when list has been posted, updates have been made, or to request an electronic copy please email requests to: Kelly.Cobbs@alaska.gov or Jeanine.Oakland@alaska.gov Call: 907-269-7630 or 907-269-2007 Or contact your local DW Program office for a copy

3. Outline • Significant Non-Complier (SNC) list information • What is the Significant Non Complier list? • How is the list used? • Current changes happening • What are the changes? • Timeline of changes • The Future Significant Non Complier (SNC) list • The Changes • Next steps

4. The Significant Non Complier List • The Current SNC-is the current July 2010 SNC list and what is posted to the DEC website. • Recognize Basic Concepts • Be familiar with the history of the list • The Future SNC- a new targeting tool will be used for the October 2010 SNC list. • Understand the changes to the SNC list • Be able to identify the new targeting efforts of the list

5. The Current Significant non-complier list information What is the Significant Non Complier list? How is the list used?

6. What is the Significant Non complier (SNC) list? • The SNC list is a group of Public Water Systems who have met the Environmental Protection Agency ’s (EPA) non-complier criteria. • Government agencies and the public use this list as one of many public health tools. The SNC list outlines and defines Safe Drinking Water Act’s significant non compliers.

7. Who decides the Significant Non complier (SNC) list? • EPA sets the SNC criteria for each Safe Drinking Water Act (SDWA) rule based on severity of violation type and frequency of the violations. • EPA also set criteria for how a system can Return to Compliance (RTC) and be removed from the SNC list. The criteria is either a sampling or time dependant event for the system to come back into compliance . • Created quarterly by EPA based on information transferred from DEC’s Drinking Water (DW) Program database, State Drinking Water Information System (SDWIS) /State.

8. How is the SNC list is created? DW tracks and sends data to EPA DW verifies SNC data SNC List

10. Possible rule violations to meet SNC criteria • TCR (Total Coliform Rule) • Surface Water • (Enhanced and Surface Water Treatment Rules) • Nitrate • Chemical Rules • (IOC, VOC, SOC, Arsenic) • Radionuclides (Rads) • Lead & Copper • CCR (Consumer Confidence Report) • Stage 1 • (Disinfectants/Disinfection by Products Rule)

11. Current SNC Return to Compliance (RTC) Criteria Time Dependent Single Sampling or Reporting Event • Total Coliform Rule (TCR) • Surface Water (Enhanced and Surface Water Treatment Rules) • Stage 1 (Disinfectants/Disinfection by Products Rule) • Nitrate • Chemical Rules (IOC, VOC, SOC, Arsenic) • Radionuclides (Rads) • Lead & Copper • CCR (Consumer Confidence Report)

12. How is the snc list used?

13. How the Public can Use the SNC list • Public health tool • Assess problems with their specific system • A tool to receive more funding

14. Agencies using the snc • Environmental Protection Agency • Office of Ground Water and Drinking Water • Office of Compliance and Enforcement Assurance • Department of Environmental Conservation • Village Safe Water Program (VSW) • Municipal Grants Program • Drinking Water Program (DW) • Remote Maintenance Worker Program (RMW) • Alaska Native Tribal Health Consortium(ANTHC) • Alaska Rural Water Association (ARWA) • Regional Health Corporations • (SEARHC, TCC, BBAHC, YKHC) • Rural Utility Business Advisor Program (RUBA)

15. RUBA – providesassistance to small rural communities statewide that are preparing to receive new or upgraded sanitation systems. RUBA supplies an assessment of the community's ability to supply management and administration of sanitation utilities. RUBA considers SNC status in community’s assessment! Capacity Indicator: Operation of Utility Essential Indicators The utility operator(s) are actively working towards necessary certification. The utility has a preventative maintenance plan developed for the existing sanitation facilities. Sustainable Indicators The utility is not on the "Significant Non-Complier" (SNC) list.

16. How do agencies use this tool? EPA- uses the data to analyze trends in compliance and enforcement effectiveness of ADEC. EPA has awarded the Drinking Water Program primacy of most SDWA rules and uses the list to track progress and enforcement of ADEC. ADEC- uses the SNC information, to help determine where to focus compliance assistance and/or enforcement efforts. ADEC must address significant non complier systems to receive federal grant funding and renew primacy on a yearly basis. A constant relationship between EPA and ADEC!

17. VSW- considers the SNC status to determine funding opportunities for construction projects. Your SNC status matters and accounts for 31% of Local Capacity Points!!!

18. YOUR SNC SCORE MATTERS! • Less Enforcement Actions. • Higher grant scores. • Funding opportunities for construction projects. • Possible funding opportunities for upgrading water utility systems. Not on SNC list =

19. Current Changes Happening to the SNC list What are the changes? Timeline of changes

20. What’s changing? • EPA is focusing on identifying Public Water System (PWS) • with health-based violations and those that have a history of • violations across multiple rules. • EPA has developed an Enforcement Targeting Formula based • on a point system. • EPA will take into account the significance of the violation • and assign a point value to violations. The more health-based • violation will be assigned a higher point value. • Higher Point Total = Higher Enforcement Priority

21. Timeline of Changes

22. The Future Significant Non Complier (SNC) list The Changes Next Steps

23. The Changes: • Difference in how SNCs are calculated (Enforcement Targeting Formula) • Emphasis on return to compliance instead of addressing a violation • Introduces a new term on path to compliance • Definition of timely and appropriate response for enforcement actions

24. EPA’s Enforcement tracking tool

25. Understanding The New SNC Emphasis on repeat offenders. n= # of SNCs in last 5 yrs. Health based violations are assigned higher points. Higher points = Higher priority The new Enforcement Targeting Formula. New Term: on path to Compliance.

26. Difference in how the SNC listis calculated Current SNC List FUTURE SNC List • EPA set SNC criteria for each rule based on violation severity and frequency. • EPA considered a PWS a SNC if the criteria was met regardless of health based violations. • Systems will be given a score based on their violations across all rules. • EPA has assigned a point value to each violation with a higher value placed on health-based violations (TT, MCL).

27. NEW SNC Enforcement Targeting Formula • S= Violation Severity Factor • 10 points for acute health-based violation • 5 points for each other health-based violation and TCR repeat monitoring and for Nitrate monitoring/reporting violations • 1 point for each monitoring and reporting or any other violation • n= number of years from the oldest unaddressed violations ( 0 to 5 yr max) SNC SCORE = (∑S) + n

28. Facts about enforcement targeting formula • The formula calculates the score for each system based on open violations and violations that have occurred over past 5 years. • Does not include violations that have Returned to Compliance. • Does not include violations that are on the Path to Compliance. • A score of 11+ meets the new SNC criteria!

29. What does a Score of 11+ mean? • A score of 11 or above meets the EPA criteria to become a significant non complier and be placed on the list. • Every violation that is an open violation accrues points. • A higher point value is placed on acute violations .

31. How to read the new SNC list SNC Score=(∑S) + n Name of system, PWSID, System type, and Population

33. The Rules and Point System • Total Coliform Rule • Surface Water • Nitrate • Chemical Rules • (IOC, VOC, SOC, Arsenic) • Radionuclides (Rads) • Lead & Copper • CCR • Stage 1 • Public Notice (PN)

34. The Points • This table works like a multiplication table. • Take the oldest open violation and add the years to the total. • Acute violations = more points

35. EPA’s Severity Values

39. What’s my Score??? • A Water System has a SNCScore= 23

40. New RTC Criteria Time Dependent Single Sampling or Report Event • No Rule will be on a time dependent schedule for the NEW RTC Criteria! • SW • TCR • Stage 1 • Nitrate • Chemical Rules • Radionuclides • Lead & Copper • CCR • PN

41. Changes in Total Coliform and Surface Water RTC Criteria CURRENT RTC CRITERIA FUTURE RTC CRITERIA • Total Coliform= Submit 6 consecutive months with ZERO TCR violations OR 2 quarters for quarterly routine TCR sampling. • Surface Water =Submit 6 consecutive months with ZERO SWTR violations OR install filtration as required. • TCR and SW = RTC is achieved when the next full round of monitoring demonstrates that no additional MCL or M/R violations occurred. • Install Surface Water filtration as required.

42. Changes in Stage 1 RTC Criteria CURRENT RTC CRITERIA FUTURE RTC CRITERIA • Submit 12 consecutive months of ZERO Disinfectant Byproduct Rule violations • RTC is achieved after one monitoring round without any additional violations.

43. SNC and RTC Criteria for Chemical & Radiological SNCs ARSENIC NITRATE LEAD/COPPER (Pb/Cu) RADIONUCLIDES VOLATILE ORGANIC COMPOUNDS (VOC) INORGANIC COMPOUNDS (IOC) SYNTHETIC ORGANIC COMPOUNDS (SOC) Current RTC CRITERIA FUTURE RTC CRITERIA • One set of samples below MCL (if MCL SNC) 1 sample, or 4 quarters • Complete monitoring requirement • One set of samples below MCL (if MCL SNC) 1 sample, or 4 quarters • Complete monitoring requirement

45. Information to gather from list • General Status Comments: • Defines a system’s problem(s) areas and not all violations as the current version • reflects. • List overall system status and contact between the Drinking Water Program • and the system. Example: TCR- System has missed 1st and 2nd quarters of 2010.

46. How to Return to Compliance (RTC): • Outlines the method and time period for the system to Return to • Compliance. Example: TCR- has 0 of 2 quarters (0 of 6 months) to RTC

47. Known Hardware Problems: • List hardware problems contributing to SNC status. Example: Needs water treatment plant upgrades to meet SWTRs. Treatment Plant upgrades scheduled to be completed by 2012.

48. The Changes: • Difference in how SNCs are calculated (Enforcement Targeting Formula) • Emphasis on return to compliance instead of addressing a violation • Introduces a new term on path to compliance • Definition of timely and appropriate response for enforcement actions

49. Emphasis on return to compliance CurrentPolicy Future Policy • Two ways a system can get off the SNC List • Meet return to compliance criteria for specific rule • DW Program issuing a “formal” enforcement action (formal as defined by EPA) • NOV, COBC, Administrative Penalties • One way to get off the SNC List • Return to Compliance

50. On the path to compliance • System considered on path to compliance when issued a formal enforcement actions for the SNC violations. • System will no longer be considered an enforcement priority. • System will remain on list and will be tracked by the State and EPA until RTC is achieved.