2015 Fly-in Regulatory Update for SEFLUC Meeting Lisa M. Wilson-Davis City of Boca Raton Shamelessly “borrowed” from and with gratitude to J. Alan Roberson, P.E. Director of Federal Relations AWWA – Washington, DC

Presentation Outline Quick summary of SDWA legislative and regulatory history 1996 SDWA regulatory processes Regulatory Action for 2015 –12 regulatory actions expected in 2015

Three Iterations of the SDWA 1.Initial 1974 SDWA set up the federal standard-setting process –Not enough regulations were developed SDWA – prescriptive reg schedule SDWA refined contaminant identification and risk management –Also included new state programs for DWSRF, capacity development, operator certification, and source water assessments

Regulatory History Between 1975 – 2013 there have been 19 regulations for 91 contaminants Nine regulations prior to 1996 SDWA Amendments –Primarily numerical MCLs based on annual average of quarterly samples Ten more after 1996 SDWA Amendments –Harder to treat contaminants and/or more complex regulations

Reg. History (cont.) Number of Regulated Contaminants

The First Main Regulatory Process In the 1996 SDWA 1.New contaminants that might be of concern Contaminant Candidate List (CCL) –In CCL1 with a 5 year cycle thereafter –Regulatory Determinations (RDs) for at least 5 First in 2003 and then every 5 years Determinations: regulate, not regulate, issue health advisory, needs more research –If a determination is made to regulate, then proposal 24 months after and final 36 months after determination

The Second Main Regulatory Process In the 1996 SDWA 2.Six-Year Review of all existing drinking water regulations –Takes into account new health effects, occurrence, treatment, and/or analytical methods data Is it worthwhile to revise the regulation? No SDWA deadlines for proposal/final after the decision is made to revise

Six Year Review of Existing NPDWRs Proposed CCL Final CCL Preliminary Regulatory Determinations Final Regulatory Determinations Final Rule (NPDWR) No Regulatory Action Proposed Rule (NPDWR) Draft UCMR UCMR Observations Final UCMR Source: Adapted from EPA presentation (April, 2010) SDWA Standard Setting Process

Regulatory Action for Draft Fourth Contaminant Candidate List –Published in Feb. 4 th – Comments due April 6 th –“Remainders” from CCL3 Minus prior regulatory determinations –Positives for perchlorate (2011) and strontium (prelim. in 2014) –Four negative preliminary regulatory determinations in 2014 –110 chemicals or groups Two worth mentioning –Cyanotoxins and manganese –12 microbial contaminants

Regulatory Action in 2015 (cont.) 2.Proposed Fourth Unregulated Contaminant Monitoring Rule (UCMR4) 3.Final recommended fluoride level for drinking water from HHS 4.Start of second round of LT2ESWTR monitoring 5.Something on storage tanks … 6.Guidance on Legionella treatment

7.Health advisories for cyanotoxins 8.Water Sector Cybersecurity Report 9.Final Waters of the U.S. Rule 10.Final Clean Power Plan 11.Final Third Regulatory Determinations 12.Report from NDWAC Lead and Copper Rule Working Group Regulatory Action in 2015 (cont.)

Health Advisories for Cyanotoxins EPA released health advisories on 5/6/15 –Microcystin – 0.3 µg/L (younger than school age) and 1.6 µg/L (all others) –Cylindrospermospin – 0.7 µg/L (younger than school age) and 3.0 µg/L (all others) Standards would take at least 10 years to develop What will states use these numbers for? –What will systems be required to do??

J. Alan Roberson, P.E. Director for Federal Relations Direct: (202) American Water Works Association Government Affairs Office 1300 Eye Street, NW, Suite 701W Washington DC Gen. Office: (202) Alan’s Contact Information