Sustained Compliance for Public Water Systems, Chapter 2 Workshop The Significant Non-Complier List

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? 2

Any public water system… Community, Non-Transient Non-Community, and Transient Non-Community systems ….that has v alidated 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. 3 What Systems Have the Potential to End up on the SNC List?

SNC List Definition 4 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.

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

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

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

Posted Quarterly on Drinking Water Website Direct Link to SNC List Page Are you on the SNC Listserv? If you would like to be notified via when the list has been posted, when updates have been made, or to request an electronic copy, please requests to: or Call: or Or contact your local DW Program office for a copy 8 Where to Get a Copy of the SNC List

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10 How Are Scores Calculated?

EPA’s 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 or reporting violation, or any other violation n= number of years from the oldest unaddressed violations (5 yr max) (∑ S ) + n = SNC SCORE 11

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! 12 Things to Keep in Mind about the Enforcement Targeting Formula

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

Example of SNC Score Calculation System X received 2 chlorine TT violations (EP too low), one in July 2011 and one in August 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 (∑S) + n = SNC SCORE ( ) + 2 = 24 14

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 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 September but 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

Original Score vs. Estimated New Score 16 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)

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20 How to Read the SNC List

RMW Service Area - Name of organization providing RMW services to water system System Information - System Name, Public Water System Number (PWSID), Federal Type, and Population Served 21 How to Read the SNC List 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 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

22 How to Read the SNC List

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 23 How to Read the SNC List, cont’d

24 How to Read the SNC List, cont’d

How to read the SNC List, cont’d 25

Examples of Comments 26

SNC Resources 27

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“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. 29 NEW R ESOURCE ON SNC W EBSITE

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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 Steps for Using the SNC List

Why is PWS getting violations? 32 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)

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 34 How Do DEC and EPA Use the SNC List?

Data from October 2010 through July

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39 36% of all SNC violations are for not meeting the monitoring requirements of surface water treatment rules (SWTR, IESWTR, LT 1, LT 2 )

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 Surface Water Treatment Rules (SWTR, LT 1, etc.) monitoring violations are the most common violation on the SNC list 40

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? 41 Summary

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