Sustained Compliance for Public Water Systems, Chapter 2 Workshop

1. Sustained Compliance for Public Water Systems, Chapter 2 Workshop The Significant Non-Complier List Jeanine Oakland Environmental Program Specialist IVDrinking Water Program Alaska Department of Environmental Conservation

2. Presentation Goals • General Understanding of the SNC List • Definition of SNC • How to access the List • How the SNC List is created • How to read the SNC List • Working with the List • How to use the information • What questions to ask • Who uses the SNC List and for what purposes • SNC List Trends - what can we learn from the list?

3. What Systems Have the Potential to End up on the SNC List? Any public water system… • Community, Non-Transient Non-Community, and Transient Non-Community systems ….that has validated violations that have not been returned to compliance (RTCd) RTC = Return To Compliance: Took action to resolve the violation issued to the system. For example: took a sample, turned in a report, sample results now below Maximum Contaminant Level (MCL), etc.

4. SNC List Definition A list of Public Water Systems (PWS) that have accumulated 11 or more violation points to meet the Environmental Protection Agency ’s (EPA) significant non-complier threshold.

5. From Violations to the SNC List State staff reviews and makes comments on SNC List Violations are created in State Database when requirements are not met Information transferred quarterly SNC LIST ON WEB EPA sends SNC Information back to State EPA PWS Data run though EPA SNC Database

6. At the beginning of the year, annual Monitoring Summaries are sent out. These outline the sampling requirements for your system. Monitoring Summaries can be accessed online at Drinking Water Watch http://146.63.9.103:8080/DWW/

7. From Violations to the SNC List State staff reviews and makes comments on SNC List Violations are created in State Database when requirements are not met Information transferred quarterly SNC LIST ON WEB EPA sends SNC Information back to State EPA PWS Data run though EPA SNC Database

8. Where to 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 Are you on the SNC Listserv? If you would like to be notified via email when the list has been posted, when 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

9. http://dec.alaska.gov/eh/dw/dwmain/SNC.htm

10. How Are Scores Calculated?

11. EPA’s SNC Enforcement Targeting Formula (∑S) + n=SNC SCORE • S= Violation Severity Factor • 10 pointsfor acute health-based violation • 5 pointsfor each other health-based violation and TCR repeat monitoring and for Nitrate monitoring/reporting violations • 1 pointfor each monitoring or reporting violation, or any other violation • n= number of years from the oldest unaddressed violations(5 yr max)

12. Things to Keep in Mind about the Enforcement Targeting Formula Formula calculates score for each system based on open violations that have occurred over past 5 years. Does not include violations that have Returned to Compliance. A score of 11 or higher meets the new SNC criteria!

13. Violation Severity Factor Time out of compliance What Is EPA Trying to Accomplish with this Formula? (∑S) + n=SNC SCORE Focus on high priority (acute-health based) violations first Long term non-compliance Balanced approach to prioritizing the systems on the SNC List

14. Example of SNC Score Calculation (∑S) + n=SNC SCORE (10+10+1+1) +2=24 System X received 2 chlorine TT violations (EP too low), one in July 2011 and one in August 2011. The also have 2 M/R violations for not turning in their 2009 and 2010 consumer confidence report. (S) Treatment Technique Violation (chlorine) = 10 points each (S) CCR Monitoring/Reporting Violation = 1 point each (n) = Oldest Violation (2009) = 2

15. How Does System X, Score of 24, Get off the SNC List? System X – They turn in complete operator report with no violations for month of Septemberbut they do not turn in their overdue CCRs.They RTCd 20 points (2 TT violations) but they still have two open M/R violations, so their score is now (1+1) + 2 = 4 Good news! It’s much easier than it used to be: • Return the violation(s) to compliance by … • Taking a sample • Turning in a complete (violation-free) Operator Report • Turning in sample below MCL

16. Original Score vs. Estimated New Score DW Program staff reviews SNC systems and makes status comments on the SNC List before it’s posted on web • Research for data errors • Research what violations have returned to compliance Take original score that EPA sends us and subtract the violations that have been returned to compliance for a more accurate SNC score (if nothing has RTCd, score remains the same)

17. How to Read the SNC List

18. http://dec.alaska.gov/eh/dw/dwmain/SNC.htm

20. How to Read the SNC List

21. How to Read the SNC List System Information - System Name, Public Water System Number (PWSID), Federal Type, and Population Served RMW Service Area - Name of organization providing RMW services to water system Estimated New SNC Score – After the DW Program staff reviews what violations the PWS has RTCd, this number reflects the score of the remaining open violations Office -Lists state office location Staff - Name of DW Program Environmental Program Specialist (EPS) and Engineer working with system CONTACT INFO AT BOTTOM OF LIST

22. How to Read the SNC List

23. How to Read the SNC List, cont’d Point Group of Violation Indicates the Number of Violations the system has received in that point group. IT IS NOT THE SCORE Rule the system was issued violation for

24. How to Read the SNC List, cont’d

25. How to read the SNC List, cont’d

26. Examples of Comments

27. SNC Resources http://dec.alaska.gov/eh/dw/dwmain/SNC.htm

29. NEW Resource on SNC Website • “The Almost a SNC List” – A list of systems that have a score of 10, meaning they are one violation away from being a SNC. This is intended to be used as an informational tool to prevent systems from getting on the SNC List.

30. The Next Steps: How to Use the List

31. 3 Steps for Using the SNC List • Each quarter CHECK to see if your system is on the list. Even if you feel your system has good compliance, check to ensure there are no data errors. • If your system is on the list, review comments or contact DW Program staff to UNDERSTAND WHY system is on the SNC List. Spend some time looking into why system is getting violations. • ACT. Take the appropriate steps to return the system to compliance.

32. Why is PWS getting violations? • Does Operator understand monitoring requirements? • Is there a need for further training? • Is sample being taken in correct location? • Does PWS have appropriate equipment to meet the regulations? • Is the SNC due to lack of monitoring because sampling costs haven’t been appropriately budgeted? • What are the barriers to complying with this rule? • If getting treatment technique violations, does the operator need assistance with meter calibrations, reading the meter (wrong decimal place)? • If getting Stage 1 MCL violations, is system over-chlorinating, causing disinfection byproducts?

33. Agencies Using This Tool….. • Environmental Protection Agency • Office of Ground Water and Drinking Water • Office of Enforcement and Compliance Assurance • Department of Environmental Conservation • Village Safe Water Program (VSW) • Municipal Grants & Loans (MGL) Program • Drinking Water Program • Remote Maintenance Worker (RMW) Program • Alaska Native Tribal Health Consortium (ANTHC) • Regional Health Corporations (e.g., SEARHC, TCC, BBAHC, YKHC) • Rural Utility Business Advisor Program (RUBA)

34. How Do DEC and EPA Use the SNC List? DEC- • Village Safe Water (VSW) and Municipal Grants & Loans (MG&L) • Grant application tie-in to SNC status • Loan application tie-in to SNC status • DW Program • Targeted educational outreach • Track violation trends • Targeted enforcement actions EPA- • Evaluation tool to track State of Alaska’s progress in compliance and enforcement of the DW regulations

35. State Overview Data from October 2010 through July 2011

39. 36% of all SNC violations are for not meeting the monitoring requirements of surface water treatment rules (SWTR, IESWTR, LT1, LT2)

40. Summary of Findings • Overall trend of fewer PWS on the SNC List • Information suggests that systems are more likely to be on the list for just 1 quarter before RTCing • Most systems on the SNC List have a score between 11-19 • Surface Water Treatment Rules (SWTR, LT1, etc.) monitoring violations are the most common violation on the SNC list

41. Summary • General Understanding of the SNC List • Definition of SNC • How to access the List • How the SNC List is created • How to read the SNC List • Working with the List • How to use the information • What questions to ask • Who uses the SNC List and for what purposes • SNC List Trends - what can we learn from the list?

42. Questions?