Regulatory Update Now and Beyond 2010

1. Regulatory UpdateNow and Beyond 2010

2. Overview • CCL3 • Drinking Water Strategy • Six year Review Perchlorate Lead and Copper Revisions TCR

3. Statutory Requirements and the Drinking Water Regulatory Process (1996 SDWA Amendments*) • Contaminant Candidate List (CCL) – SDWA requires EPA to develop a list of contaminants that are known or anticipated to occur in drinking water and to publish the list every five years. • Regulatory Determination – EPA must decide whether or not to regulate at least five CCL contaminants with a national primary drinking water regulation (NPDWR) after evaluating criteria specified under the 1996 SDWA; Publish determinations on a five year cycle. • Regulation Development - If EPA decides to regulate a contaminant, the Agency has 24 months to propose and 18 months to finalize the health goal and the NPDWR. *SDWA Section 1412(b)(1)

4. Guiding Principle of CCL3 Development Occurrence in public water systems at frequency and levels of public health concern Health Effects Occurrence

5. Public review and comment Generalized Flow of Regulatory Processes Draft CCL Preliminary Regulatory Determinations Final CCL Final Regulatory Determinations Proposed Rule (NPDWR) Draft UCMR Final UCMR Final Rule (NPDWR) Six Year Review of Existing NPDWRs No further action if make decision to not to regulate (may develop health advisory). UCMR Monitoring Results At each stage, need increased specificity and confidence in the type of supporting data used (e.g. health and occurrence).

6. Status of CCL 3 Published in the FR on October 12, 2009 Lists 116 contaminants (104 chemicals & 12 microbials; Appendix C) Beginning Regulatory Determinations Process

7. Types of Contaminants on the Final CCL 3 • 11 Disinfection byproducts • i.e., NDMA, aldehydes, halogenated compounds • Perfluorinated contaminants (PFOA & PFOS) • 9 Hormones and an antibiotic • Considered occurrence in water and health reference level. • 43 Pesticides and/or degradates • Detected occurrence, modeled concentrations and application considered • 12 Pathogens • Identified 12 waterborne pathogens that have known or anticipated occurrence in PWS • 3 Cyanotoxins

8. Appendix C - CCL 3 104 Chemicals and 12 Microbes alpha-Hexachlorocyclohexane Aniline Bensulide Benzyl chloride Butylated hydroxyanisole Captan Chlorate Chloromethane (Methyl chloride) Clethodim Cobalt Cumene hydroperoxide Cyanotoxins (3) Dicrotophos Dimethipin Dimethoate Disulfoton Diuron Equilenin Equilin Erythromycin Estradiol (17-beta estradiol) Estriol Estrone Ethinyl Estradiol (17-alpha Ethynyl Estradiol) Ethoprop Ethylene glycol Ethylene oxide Ethylene thiourea Fenamiphos Formaldehyde Germanium Halon 1011 (bromochloromethane) HCFC-22 Hexane Hydrazine Mestranol Methamidophos Methyl bromide (Bromomethane) Methyl tert-butyl ether Metolachlor Metolachlor ethanesulfonic acid (ESA) 1,1,1,2-Tetrachloroethane 1,1-Dichloroethane 1,2,3-Trichloropropane 1,3-Butadiene 1,3-Dinitrobenzene 1,4-Dioxane 17 alpha-Estradiol 1-Butanol 2-Methoxyethanol 2-Propen-1-ol 3-Hydroxycarbofuran 4,4'-Methylenedianiline Acephate Acetaldehyde Acetamide Acetochlor Acetochlor ethanesulfonic acid (ESA) Acetochlor oxanilic acid (OA) Acrolein Alachlor ethanesulfonic acid (ESA) Alachlor oxanilic acid (OA)

9. Appendix D - Previous Regulatory Determinations • Regulatory Determinations for CCL 1 • March 1998 - Published CCL 1 and listed 60 contaminants • July 2003 - Published final determination “not to regulate” 9 of the 60 contaminants • Regulatory Determinations for CCL 2 • February 2005 – carried forward 51 remaining CCL 1 contaminants onto CCL 2 • July 2008 – Published final determination “not to regulate” 11 of the 51 contaminants.

10. CCL 3 Regulatory Determinations Final Regulatory Determinations for CCL 3 due mid-2013 Currently gathering available health and occurrence information

11. Drinking Water Strategy EPA will focus on four new principles: 1. Address contaminants as groups rather than one at a time so that enhancement of drinking water can be achieved cost-effectively

12. DW Strategy cont’d 2. Foster development of new drinking water technologies to address health risks posed by a broad array of contaminants.

13. DW Strategy cont’d 3. Use the authority of multiple statutes to help protect drinking water.

14. DW Strategy cont’d 4. Partner with states to develop shared access to all public water systems (PWS) monitoring data.

15. EPA Aims Provide more robust public health protection in an open and transparent manner. Assist small communities to identify cost and energy efficient treatment. Build consumer confidence by providing more efficient sustainable treatment technologies to deliver safe water at a reasonable cost.

16. National Primary Drinking Water Rule 6-year Review Required to review and, if appropriate, revise existing NPDWRs every six years. Any revision shall maintain or provide for greater protection of public health Completed 1st Review in 2003; Reviewed 69 NPDWRs and made decision to revise Total Coliform Rule (TCR) Completed 2nd Review and published in the FR on March 29, 2010; Performed a detailed review of 71 NPDWRs* and made a decision to revise four of these regulations (i.e., acrylamide, epichlorohydrin, tetrachloroethylene and trichloroethlyene).

17. Appendix A- Six Year Review 2 - 71 NPDWRs Acrylamide Alachlor Antimony Arsenic Asbestos Atrazine Barium Benzene Benzo[a]pyrene Beryllium Cadmium Carbofuran Carbon tetrachloride Chlordane Chromium (total) Cyanide 2,4-D Dalapon 1,2-Dibromo-3-chloropropane (DBCP) 1,2-Dichlorobenzene 1,4-Dichlorobenzene 1,2-Dichloroethane Gross alpha Radium 226 and 228 Combined 1,1-Dichloroethylene cis-1,2-Dichloroethylene trans-1,2-Dichloroethylene Dichloromethane 1,2-Dichloropropane Di(2-ethylhexyl)adipate (DEHA) Di(2-ethylhexyl) phthalate (DEHP) Dinoseb Diquat Endothall Endrin Epichlorohydrin Ethylbenzene Ethylene dibromide (EDB) Fluoride Glyphosate Heptachlor Heptachlor epoxide Hexachlorobenzene Hexachlorocyclopentadiene Lindane Mercury (inorganic) Beta particles and photon emitters Methoxychlor Monochlorobenzene Nitrate (as N) Nitrite (as N) Oxamyl (Vydate) Pentachlorophenol Picloram Polychlorinated biphenyls (PCBs) Selenium Simazine Styrene 2,3,7,8-TCDD (Dioxin ) Tetrachloroethylene Thallium Toluene Toxaphene 2,4,5-TP (Silvex) 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane 1,1,2-Trichloroethane Trichloroethylene Vinyl chloride Xylenes (total) Uranium

18. Key Elements of Six year Review • Health effects • Analytical Methods • Treatment technology • Occurrence • Other Regulatory Revisions

19. Regulatory Determination for Perchlorate October 2008 published FR notice seeking comment on a preliminary determination “not to regulate” perchlorate Received over 32,000 comment letters August 2009 published a FR Supplemental Request for Comment on additional ways to analyze the data Re-evaluation of perchlorate exposure to all sensitive life stages, including infants, children and the fetuses of pregnant women Received over 6,000 comment letters EPA is considering these comments and continuing our deliberations on whether to regulate perchlorate in drinking water

20. Lead and Copper Revisions

21. Lead and Copper Rule (LCR) Revisions • In 2004-2006, National Review of LCR identified issues that reduce the effectiveness of the LCR • EPA grouped those issues into short-term and long-term issues • Short Term Issues addressed in Revisions issued October 10, 2007 • Stakeholder Meeting: Oct. 2008 in Washington, DC • Presented available information on Long-Term issues and sought further stakeholder input on whether regulatory revision or further guidance is warranted

22. Long-Term LCR Workgroup • Lead and Copper Rule Long-Term Revisions • Proposed Rule anticipated Spring 2012 (???) • Issues under consideration for reg. revision or additional guidance could include: • Effectiveness of lead service line replacement particularly, partial lead service line replacement • Lead content in plumbing fixtures and materials • Obtaining Work Group input on options for revising LCR • State participation on WG includes Missouri, Indiana, North Carolina, Washington, and Massachusetts

23. Total Coilform Rule

24. History of TCR Revision • EPA is required to review and revise, as appropriate, each National Primary Drinking Water Regulation no less often than every 6 years • In 2003 EPA published its intent to revise the TCR • In July 2007, EPA convened a Total Coliform Rule Distribution System Federal Advisory Committee (TCRDSAC), representing 15 organizations 24

25. Total Coliform Rule (TCR) Revisions • Agency is developing a proposed revised TCR based on the AIP • Completion of the proposed rule expected in summer 2010 and the final rule in 2012 • Agency is planning a stakeholder meeting 5/11 - 12, 2010 • Will discuss methods and assessment/corrective action guidance

26. Core Agreement in Principle (AIP) Elements The Revised TCR would: Require systems to investigate and correct any sanitary defects found whenever monitoring results show a system may be vulnerable to contamination. Require systems to conduct a simple self assessment (Level 1) or a more detailed assessment by a qualified party (Level 2) depending on the severity and frequency of contamination. 26

27. Core AIP Elements Establish a Treatment Technique in place of MCL/MCLG for TC, with PN only for Treatment Technique violations (failure to find-and-fix) Keep E. Coli as a health indicator based on an MCL and MCLG of zero 27

28. Core AIP Elements The Revised TCR would provide criteria that well-operated small systems must meet to qualify and stay on reduced monitoring • Criteria: clean sanitary survey, clean compliance history for two years. NCWS must have an annual site visit • Additional criteria: CWS must have at least one. For NCWS, at least one from 2-6 are recommended. • Annual site visit (or Level 2 assessment) • Cross connection control program • Operator certification • Continuous disinfection • 4-log inactivation of viruses • Other enhancement as approved by primacy agency 28

29. Core AIP Elements The Revised TCR would require increasedmonitoring for high-risk small systems with unacceptable compliance history or significant non-compliance 29

30. EPA Commitments • EPA agreed to publish a proposed Revised TCR based on the AIP recommendations • EPA agreed to involve stakeholders in the rule development process 30

31. Schedule for the Revised TCR • Proposed rule published – August 2010 • Final rule- October 2012 • Effective date October 2015

32. More Information Available at: www.regulations.gov www.epa.gov/safewater/

33. Contact: Maureen McClelland 617-918-1517