1. Revised Total Coliform Rule (RTCR): State Primacy Requirements February 2014

2. 2 Primacy RTCR 12:30 – 2:00 pm ET: Presentation/Q&A* 2:00 – 2:30 pm ET: Break 2:30 – 3:30 pm ET: Presentation/Q&A* 3:30 – 3:45 pm ET: Break 3:45 – 4:30 pm ET: Presentation/Q&A* * Live on-air Q&A (as time permits ) Reminder: Training over the 2 day period is cumulative Daily Agenda 2

3. RTCR 3 Primacy RTCR Training Overview 1.Introduction 2.Overview of RTCR Primacy Primacy Process and Timeline Primacy Package Extensions Primacy Package Details 3.Special Primacy Requirements 4.Other Rule Considerations 5.Transition from TCR to RTCR 6.Technical Corrections 7.Reference Materials

4. 4 Primacy RTCR About RTCR Training Series Training Goals Introduction

5. RTCR 5 Primacy About RTCR Training Series Sept. 24-25, 2013 SW System Req. Dec. 11-12, 2013 GW System Req. March 18-20, 2014 GW System Req. [repeat] April 22-24, 2014 Expanding Upon Level 1 and Level 2 Assessments and Corrective Actions State Primacy Req. Feb. 25-26, 2014

6. 6 RTCR Primacy Training Icons Important Speaker NOTE Customize Same as TCR Animation Regulators Only

7. RTCR 7 Primacy State Primacy Req. Training Goals Understand RTCR Special Primacy requirements and concepts Understand logistics of gaining State primacy Consider questions a State may wrestle with to gain primacy

8. 8 RTCR Primacy RTCR Timeline 2013201420152016 RTCR Final Rule (Feb. 13, 2013) RTCR Primacy Application Due (Feb. 13, 2015) RTCR Implementation Effective (April 1, 2016)

9. 9 Primacy RTCR Overview of RTCR Primacy

10. RTCR 10 Primacy Basis of Primacy 40 CFR Part 142 1996 SDWA Amendments updated process 1998 Primacy Rule promulgated 40 CFR 142

11. 11 RTCR Primacy Primacy Basics States are anticipated to have primacy for all existing regulations before receiving primacy for the RTCR

12. RTCR 12 Primacy Primacy Basics (cont.) Requests for primacy due to EPA Administrator no later than 2 years after regulatory revision EPA may grant up to a 2-year extension for State submission of primacy application – During extension, duties set according to extension agreement 40 CFR 142.12

13. RTCR 13 Primacy Interim Primacy Pursuant to 40 CFR 142.12(e) Eligibility: – States with primacy for all existing NPDWRs – Primacy application is deemed complete by EPA Eligible State has full implementation and enforcement authority 40 CFR 142.12(e)

14. 14 Primacy RTCR Primacy Process and Timeline

15. RTCR 15 Primacy Primacy Process: Overview EPA confirms State can implement and enforce regulations at least as stringent as federal RTCR requirements Confirm State requirements and authorities are as stringent as federal requirements – Primacy package must include documentation 40 CFR 142.16(q)

16. 16 RTCR Primacy Standard Primacy Application Timeline 40 CFR 142.12(b) Milestone RECOMMENDED Dates RTCR signedFebruary 13, 2013* State submits draft to EPA RegionAugust 2014 EPA Region reviews draftWithin 90 days State and EPA Region agree upon a schedule for final application submission based on findings from DRAFT program revision package December 2014 State submits final and complete packageFebruary 13, 2015* EPA final review and determination of packageWithin 90 days Rule compliance beginsApril 1, 2016* * Indicates this is a regulatory timeframe.

17. RTCR 17 Primacy Primacy Package Timeline EPA Region and State should agree to a plan and timetable for primacy package processing ASAP!

18. RTCR 18 Primacy EPA’s 2-Step Review Process Step 1: Review of draft (recommended) – All required primacy application materials (except Attorney General’s Statement) – EPA reviews and provides tentative determination – Submit as soon as practicable 40 CFR 142.12(c)(1) & (2)

19. RTCR 19 Primacy EPA’s 2-Step Review Process (cont.) Step 2: Review of complete and final package – Must include an Attorney General’s Statement – Include any responses to deficiencies identified during draft review 40 CFR 142.12(c)(1) & (2)

20. RTCR 20 Primacy EPA Final Review and Determination Headquarters review by Office of Ground Water and Drinking Water (OGWDW) & Office of General Counsel (OGC) review delegated to Office of Regional Counsel (ORC) – Concurrent review of one package per Region – Concurrent review optional for subsequent packages EPA Regional review – Program Office and ORC – Proposal to approve a State program revision

21. RTCR 21 Primacy EPA Final Review and Determination (cont.) Within 90 days of COMPLETE SUBMISSION Notice for public comment issued by EPA Region Opportunity for hearing EPA Region makes final determination 40 CFR 142.11(b)

22. RTCR 22 Primacy Extension Timeline Submit extension request to Region before February 13, 2015 – Regional Administrator has authority to approve request Region can provide up to 2 additional years from original deadline (February 13, 2017) 40 CFR 142.12(b)

23. 23 Primacy RTCR Primacy Package Details

24. RTCR 24 Primacy Elements of Primacy Revision Application Comparison of any significant differences between Federal and State requirements : – State primacy revision checklist – Primacy revision crosswalk Text of State’s regulations State reporting and recordkeeping requirements 40 CFR 142.12(c); & 142.16(q)(2) Tools

25. RTCR 25 Primacy Elements of Primacy Revision Application (cont.) Attorney General’s Statement of enforceability Special primacy requirements Documentation of activities and program changes needed 40 CFR 142.12(c); & 142.16(q)(2)

26. RTCR 26 Primacy Comparison of Significant Differences: State Primacy Revision Checklist State must identify all revised program elements – Submit appropriate documentation Must also list State citation and date of adoption for elements that were not revised Checklist provided in Implementation Guidance 40 CFR 142.12(c) Required Program Elements Revision to State Program under RTCR EPA Findings/ Comments 40 CFR 142.10 Primary Enforcement 40 CFR 142.10(a) Regulations No Less Stringent

27. RTCR 27 Primacy Comparison of Significant Differences: Primacy Revision Crosswalk Identify State statutory or regulatory provisions that correspond to each federal requirement If provisions differ, State must explain how its requirements are “no less stringent” Supporting documentation required, if requested by EPA 40 CFR 142.12(c) Summary of Federal Requirement Federal Citation State Citation Different from Fed. requirement? Part 141 National Primary Drinking Water Regulations Subpart A – General 40 CFR 141.2 Definitions. Clean compliance history is, for the purposes of subpart Y, a record of no MCL violations... 40 CFR 141.2 Not as stringent. Missing TT exceedances.

28. RTCR 28 Primacy Attorney General’s Statement Certifies that State regulations were duly adopted and are enforceable Certifies that the State does not have any audit privilege and/or immunity laws affecting its ability to meet the SDWA’s enforcement and information gathering requirements 40 CFR 142.12(c)(2) CERTIFIED REMINDER

29. 29 Primacy RTCR Special Primacy Requirements

30. RTCR 30 Primacy Overview of RTCR Special Primacy Provisions 1.Baseline and reduced monitoring [142.16(q)(1), (q)(2)(ii), & (q)(2)(viii)] 2.Sample siting plans [142.16(q)(2)(i)] 3.Special monitoring evaluation [142.16(q)(2)(vi)] 4.Seasonal systems [142.16(q)(2)(vii)] 5.Assessment and corrective actions [142.16(q)(2)(iii)] 6.Approval of individuals allowed to conduct Level 2 assessments [142.16(q)(2)(v)] 7.Invalidation of routine and repeat samples [142.16(q)(2)(iv)] 8.Criteria for extending the 24-hour period for collecting repeat samples [142.16(q)(2)(ix)]

31. RTCR 31 Primacy Baseline & Reduced Monitoring Description of baseline monitoring provisions Description of reduced monitoring provisions, if adopting – Specific types/categories of PWSs – Whether State will use all or a reduced set of the additional criteria Specified in 40 CFR 141.854(h)(2) & 141.855(d)(1)(iii) – Evaluation of each reduced monitoring criteria (mandatory and additional) to determine PWS eligibility – How PWSs on reduced monitoring will be required to demonstrate that they are meeting the additional criteria 40 CFR 142.16(q)(1), (q)(2)(ii), & (q)(2)(viii)] 1

32. RTCR 32 Primacy Baseline & Reduced Monitoring (cont.) State must describe baseline monitoring criteria Tips for Primacy Agency: – Describe routine monitoring frequency and # of samples required for PWS categories Example: All PWS must monitor monthly according to the # of samples required in table in 40 CFR 141.857 based on its population category 40 CFR 142.16(q)(1) 1

33. RTCR 33 Primacy Reduced Monitoring: Evaluation of Mandatory Criteria Describe how all of the following will be evaluated by the State to ensure reduced monitoring eligibility & compliance with: Clean compliance history [CWS & NCWS] Approved construction standards [CWS & NCWS] Protected Source [CWS & NCWS] Compliance with State-approved operator certifications [CWS] 40 CFR 142.16(q)(2)(ii) 1 Clarification slide

34. RTCR 34 Primacy Reduced Monitoring: Evaluation of Mandatory Criteria (cont.) State must describe how all of the following will be evaluated by the State to ensure reduced monitoring eligibility & compliance with: No sanitary defects from most recent sanitary survey [CWS & NCWS] o Sanitary survey completed at appropriate frequency covering 8 elements PWS is well-operated and has barriers in place to protect public health [CWS & NCWS] Annual site visit equivalent to Level 2 [NCWS] 40 CFR 142.16(q)(2)(ii) 1 Clarification slide

35. RTCR 35 Primacy Baseline & Reduced Monitoring (cont.) Description of reduced monitoring provisions, if adopting – Specific types/categories of PWSs that will be covered Ground water CWSs serving ≤ 1,000 people Ground water NCWSs serving ≤ 1,000 people Both PWS types Subset of either type 40 CFR 142.16(q)(1), (q)(2)(ii), & (q)(2)(viii); 141.854(e); & 141.855(d) 1

36. RTCR 36 Primacy Baseline & Reduced Monitoring (cont.) Description of reduced monitoring provisions, if adopting – Whether State will use all or a reduced set of the additional criteria specified in 40 CFR 141.854(h)(2) [for NCWS] and 141.855(d)(1)(iii) [for CWS] of the RTCR 40 CFR 142.16(q)(1), (q)(2)(ii), & (q)(2)(viii)] 1 Updated Final

37. RTCR 37 Primacy Baseline & Reduced Monitoring (cont.) Whether State will use all or a reduced set of the additional criteria for NCWSs serving ≤ 1,000 people [40CFR 141.854(h)(2)] Cross connection control Certified operator Continuous disinfection and maintenance of disinfection residual Maintenance of 4-log removal or inactivation of viruses Other equivalent enhancements 1 Updated Final

38. RTCR 38 Primacy Baseline & Reduced Monitoring (cont.) Whether State will use all or a reduced set of the additional criteria for CWSs serving < 1000 [40 CFR 141.855(d)(1)(iii)] Annual site visit by the State that is equivalent to a Level 2 assessment Cross-connection control Continuous disinfection and maintenance of disinfection residual Maintenance of 4-log removal or inactivation of viruses Other equivalent enhancements 1 Updated Final

39. RTCR 39 Primacy Baseline & Reduced Monitoring (cont.) Description of reduced monitoring provisions, if adopting – How each reduced monitoring criterion (mandatory and additional) will be evaluated to determine eligibility Should ensure that PWS is well-operated and has barriers in place to protect public health 40 CFR 142.16(q)(2)(ii) 1

40. RTCR 40 Primacy Baseline & Reduced Monitoring (cont.) How PWSs on reduced monitoring will be required to demonstrate that they are meeting the additional criteria – Continuous disinfection and distribution system residual – Cross-connection control – Other equivalent enhancements can include: Storage facility maintenance program Water main flushing program Water main replacement program 40 CFR 142.16(q)(2)(viii); & 141.854(h)(2) 1

41. RTCR 41 Primacy Overview of RTCR Special Primacy Requirements 1.Baseline and reduced monitoring [142.16(q)(1), (2)(ii), (2)(viii)] 2.Sample siting plans [142.16(q)(2)(i)] 3.Special monitoring evaluation [142.16(q)(2)(vi)] 4.Seasonal systems [142.16(q)(2)(vii)] 5.Assessment and corrective actions [142.16(q)(2)(iii)] 6.Approval of individuals allowed to conduct Level 2 assessments [142.16(q)(2)(v)] 7.Invalidation of routine and repeat samples [142.16(q)(2)(iv)] 8.Criteria for extending the 24-hour period for collecting repeat samples [142.16(q)(2)(ix)] REMINDER

42. RTCR 42 Primacy Sample Siting Plans State must: – Describe frequency of plan reviews – Demonstrate how it will review and evaluate plans – Address how it will ensure the adequacy of plans – Describe the process for obtaining any necessary plan revisions 40 CFR 142.16(q)(2)(i); & 141.853 2

43. RTCR 43 Primacy Sample Siting Plans (cont.) Review process should consider: – Sampling locations – Sampling schedule – Routine, repeat, additional routine, and triggered source monitoring under the GWR – Whether the PWS is taking the correct number of compliance samples 40 CFR 142.16(q)(2)(i) 2

44. RTCR 44 Primacy Sample Siting Plans (cont.) Tips for States – Ensure sample locations are specific (identified by address, cross streets, etc.) – Include sampling requirements/criteria related to assessments and/or corrective actions – Include criteria for other special purpose sampling – Determine if State will allow PWS to select alternative repeat monitoring sites on situational basis 2

45. RTCR 45 Primacy Sample Siting Plans (cont.) Review process should also consider: – Rationale for any alternative site selections – Whether GW systems serving < 1,000 people intending to use dual purpose sampling sites have clearly identified these sites and the associated rationale in their plans – Evaluation of the most critical months for monitoring for PWSs monitoring less than monthly 40 CFR 142.16(q)(2)(i) 2

46. RTCR 46 Primacy Sample Siting Plan Review: PWS on Quarterly or Annual Monitoring Tips for States – Consider including narrative that PWS will be required to conduct monthly monitoring if: E. coli MCL violation Failure to conduct assessments or corrective action Combination of monitoring violations and treatment technique exceedances 2

47. RTCR 47 Primacy Sample Siting Plans (cont.) State should: – Communicate deadlines for updating sample siting plans – Address how it will communicate input to the PWS – Identify alternatives if the plan will not be reviewed on-site 40 CFR 142.16(q)(2)(i); & 141.853 2

48. RTCR 48 Primacy Sample Siting Plans (cont.) Tips for States – Establish legislative or policy deadlines For PWS to update/revise sample siting plans when State determines it to be inadequate or outdated – Establish responsibilities of who will review the sample siting plan – Identify alternatives if the plan will not be reviewed on-site 2

49. RTCR 49 Primacy Overview of RTCR Special Primacy Requirements 1.Baseline and reduced monitoring [142.16(q)(1), (2)(ii), (2)(viii)] 2.Sample siting plans [142.16(q)(2)(i)] 3.Special monitoring evaluation [142.16(q)(2)(vi)] 4.Seasonal systems [142.16(q)(2)(vii)] 5.Assessment and corrective actions [142.16(q)(2)(iii)] 6.Approval of individuals allowed to conduct Level 2 assessments [142.16(q)(2)(v)] 7.Invalidation of routine and repeat samples [142.16(q)(2)(iv)] 8.Criteria for extending the 24-hour period for collecting repeat samples [142.16(q)(2)(ix)] REMINDER

50. RTCR 50 Primacy Special Monitoring Evaluations State must identify procedures to evaluate the monitoring schedules of ground water PWSs serving < 1,000 people Required even if PWS is not on reduced monitoring Done during EACH sanitary survey 40 CFR 142.16(q)(2)(vi); 40 CFR 141.854(c)(2); & 141.855(c)(2) 3 Updated Final

51. RTCR 51 Primacy Special Monitoring Evaluations (cont.) State should consider: – PWS performance under current schedule – Water quality and compliance history Criteria used to determine current schedule Establishment and maintenance of contamination barriers State may modify PWS’ monitoring schedule to increase/reduce monitoring based on this evaluation State may reduce sampling frequency if PWS has already met the criteria for reduced monitoring 40 CFR 142.16(q)(2)(vi); 141.854(c)(2); & 141.855(c)(2) 3

52. RTCR 52 Primacy Special Monitoring Evaluations (cont.) Tips for States – Consider criteria used to determine current monitoring frequency and sample # – PWS performance under current monitoring schedule – Modifying a PWS’ monitoring sites (location of sites or # of sites) and monitoring frequency based on the evaluation – Review of PWS status (PWS type and population) 3

53. RTCR 53 Primacy Overview of RTCR Special Primacy Requirements 1.Baseline and reduced monitoring [142.16(q)(1), (2)(ii), (2)(viii)] 2.Sample siting plans [142.16(q)(2)(i)] 3.Special monitoring evaluation [142.16(q)(2)(vi)] 4.Seasonal systems [142.16(q)(2)(vii)] 5.Assessment and corrective actions [142.16(q)(2)(iii)] 6.Approval of individuals allowed to conduct Level 2 assessments [142.16(q)(2)(v)] 7.Invalidation of routine and repeat samples [142.16(q)(2)(iv)] 8.Criteria for extending the 24-hour period for collecting repeat samples [142.16(q)(2)(ix)] REMINDER

54. RTCR 54 Primacy Seasonal Systems State must describe: – How they will identify seasonal systems – How they will determine monitoring schedules for seasonal systems on less than monthly routine coliform monitoring, AND – Seasonal system start-up procedures 142.16(q)(2)(vii); 141.854(i); 141.856(a)(4); & 141.857(a)(4) 4

55. RTCR 55 Primacy Seasonal Systems (cont.): Identifying State must describe how seasonal systems will be identified in the State’s PWS inventory State can consider: – Using the State’s or EPA’s database – Using an outreach program or questionnaire – Referring to sanitary surveys or other site visit information 40 CFR 142.16(q)(2)(vii); & 141.2 4

56. RTCR 56 Primacy Seasonal Systems (cont.): Identifying Tips for States – Identify and track seasonal system inventory information including: Operational periods Whether PWS is pressurized year-round 4

57. RTCR 57 Primacy Seasonal Systems (cont.): Monitoring Frequency State must describe how it will determine reduced monitoring schedules for seasonal GW systems serving < 1,000 PWSs must meet certain criteria to be eligible for reduced monitoring – §§141.854(g) and 141.854(i)(2)(ii) for quarterly monitoring – §§141.854(h) and 141.854(i)(2)(iii) for annual monitoring 40 CFR 142.16(q)(2)(vii); & 141.854(g)-(i)(2) 4

58. RTCR 58 Primacy Seasonal Systems (cont.): # of Samples and Monitoring Frequency Tips for States – Monthly monitoring required for months where seasonal systems serve >1,000 persons – Consider how to identify and track seasonal systems with fluctuating populations around this threshold 4

59. RTCR 59 Primacy Seasonal Systems (cont.): Determining Monitoring Timeframe State must identify when seasonal systems will monitor if PWS is monitoring less than monthly To designate the months when seasonal systems must monitor, State should consider: – Period of highest demand – Period when the source is most vulnerable to contamination (e.g., wet season) – Period of highest water age and most stagnant water in distribution system – Whether potential sources of contamination are introduced to a well’s zone of influence 40 CFR 142.16(q)(2)(vii) 4

60. RTCR 60 Primacy Seasonal Systems (cont.): Start-up Provisions State must describe: – Approved start-up procedures 40 CFR 142.16(q)(2)(vii); 141.854(i)(1); 141.856(a)(4)(i); 141.857(a)(4)(i) & 141.861(a)(5) 4 Updated Final

61. RTCR 61 Primacy Seasonal Systems (cont.): Start-up Provisions Tips for States – State should consider requiring seasonal systems to: Inspect PWS components and address any issues Open hydrants and/or faucets and drain all storage facilities Activate source(s) and flush water through the distribution system Chlorinate the PWS 4

62. RTCR 62 Primacy Seasonal Systems (cont.): Start-up Provisions Tips for States – States should consider requiring seasonal systems to: Collect coliform samples at key locations in the distribution system Participate in a site visit conducted by the State or State-approved third party Verify that any historical or current sanitary defects have been corrected 4

63. RTCR 63 Primacy Seasonal Systems (cont.): Start-up Provisions Tips for States: Additional items to consider – Develop SOPs for: Scheduling assessments – Include contact information – List approved/certified assessors Seasonal system start-up procedures – With specific timelines for seasonal systems to follow prior to serving water to the public 4

64. 64 RTCR Primacy Seasonal Systems (cont.): Example Factsheet on Start-up Provisions 4

65. RTCR 65 Primacy Seasonal Systems (cont.): Logistics During the Non-operational Timeframes Tips for States – Consider developing State SOPs to address activities that are required, but not conducted, because the PWS shutdown for the season Schedule assessments Schedule the 3 routine samples (required the month following a TC+) Ensure completion of corrective actions from previous assessments 4

66. RTCR 66 Primacy Overview of RTCR Special Primacy Requirements 1.Baseline and reduced monitoring [142.16(q)(1), (2)(ii), (2)(viii)] 2.Sample siting plans [142.16(q)(2)(i)] 3.Special monitoring evaluation [142.16(q)(2)(vi)] 4.Seasonal systems [142.16(q)(2)(vii)] 5.Assessment and corrective actions [142.16(q)(2)(iii)] 6.Approval of individuals allowed to conduct Level 2 assessments [142.16(q)(2)(v)] 7.Invalidation of routine and repeat samples [142.16(q)(2)(iv)] 8.Criteria for extending the 24-hour period for collecting repeat samples [142.16(q)(2)(ix)] REMINDER

67. RTCR 67 Primacy Assessments & Corrective States must include the following: – Process for implementing the assessment and corrective action requirements (including legal and administrative authorities) – Description of how Level 2 assessments will be more comprehensive than Level 1 assessments for each assessment element – Examples of sanitary defects – Examples of assessment forms or formats – Methods that PWSs may use to consult with the State on appropriate corrective actions 40 CFR 142.16(q)(2)(iii) 5 Updated Final

68. RTCR 68 Primacy Assessments & Corrective Actions (cont.) States must include the following: – Process for implementing the assessment and corrective action requirements (including legal and administrative authorities) 40 CFR 142.16(q)(2)(iii) 5

69. RTCR 69 Primacy Assessments & Corrective Actions (cont.) States must include the following: – For each assessment element, a description of how Level 2 assessments will be more comprehensive and provide a more detailed examination than Level 1 assessments – Elements of an assessment 40 CFR 142.16(q)(2)(iii)(A) 5 Updated Final

70. RTCR 70 Primacy Assessments & Corrective Actions (cont.) States must include the following: – Review and identification of the following: Atypical events that may have affected distributed water quality or indicate that distributed water quality was impaired Changes in distribution system maintenance and operation that may have affected or are affecting An evaluation of the source water quality and treatment system changes or conditions that may affect distributed water quality, where appropriate Existing water quality monitoring data Inadequacies in sample sites, sampling protocol, and sample processing – Examples of sanitary defects 40 CFR 142.16(q)(2)(iii)(B) 5 Updated Final

71. RTCR 71 Primacy Assessments & Corrective Actions (cont.): Example Sanitary Defects Source issues – Shallow/inadequate well construction (including unscreened well vents or covers with no sanitary seals) – Activity in wellhead areas, which could result in contamination Treatment issues – Lack of redundancy – History of failures in treatment – History of power outages that interrupt treatment 40 CFR 142.16(q)(2)(iii)(B) 5

72. RTCR 72 Primacy Assessments & Corrective Actions (cont.): Example Sanitary Defects Water mains of inadequate construction or material Inadequate distribution system pressures Potential cross connection Inadequate tank controls resulting in poor turnover Improperly screened storage tank vents 40 CFR 142.16(q)(2)(iii)(B) 5

73. RTCR 73 Primacy Assessments & Corrective Actions (cont.) States must include the following: – Examples of sanitary defects (cont.) – State should consider: Identifying sanitary defects during the rulemaking process Addressing the differences between a sanitary defect and a significant deficiency 40 CFR 142.16(q)(2)(iii)(B) 5

74. RTCR 74 Primacy Assessments & Corrective Actions (cont.) States must include the following: – Examples of assessment forms or formats 40 CFR 142.16(q)(2)(iii)(C); 141.859((b)(3)(i); & 141.859(b)(4)(i) 5

75. RTCR 75 Primacy Assessments & Corrective Actions (cont.) States must include the following: – Methods that PWSs may use to consult with the State on appropriate corrective actions 40 CFR 142.16(q)(2)(iii)(D); & 141.859(d) 5

76. RTCR 76 Primacy Assessments & Corrective Actions (cont.): Level 1 Assessments Tips for States – Create State regulations to specify qualifications and experience of Level 1 assessors – Update Operator Certification requirements as part of Level 1 assessor’s criteria 5

77. RTCR 77 Primacy Assessments & Corrective Actions (cont.): Confirmation of Completion Things to consider when confirming completion of corrective actions: – Pictures to verify – Follow-up sampling after corrective actions have been completed – Use State-approved third party to track and follow-up on corrective actions 5

78. RTCR 78 Primacy Overview of RTCR Special Primacy Requirements 1.Baseline and reduced monitoring [142.16(q)(1), (2)(ii), (2)(viii)] 2.Sample siting plans [142.16(q)(2)(i)] 3.Special monitoring evaluation [142.16(q)(2)(vi)] 4.Seasonal systems [142.16(q)(2)(vii)] 5.Assessment and corrective actions [142.16(q)(2)(iii)] 6.Approval of individuals allowed to conduct Level 2 assessments [142.16(q)(2)(v)] 7.Invalidation of routine and repeat samples [142.16(q)(2)(iv)] 8.Criteria for extending the 24-hour period for collecting repeat samples [142.16(q)(2)(ix)] REMINDER

79. RTCR 79 Primacy Level 2 Assessors State must describe: – Qualification criteria for Level 2 assessors – Process used for approval State should consider: – Both the qualifications of the assessor as well as PWS specifics – Whether PWSs can perform Level 2 assessments Conflicts of interest (real or perceived) Legal ramifications Cultural norms – Process used for approval certification process, listing by name, qualifications, etc. 40 CFR 142.16(q)(2)(v) 6

80. RTCR 80 Primacy Assessors: Tips for States Level 1 assessors: – Consider updating State regulations to specify qualifications and experience of Level 1 assessors – Consider updating Operator Certification requirements as part of Level 1 assessor’s criteria – Update operator certification training courses to include assessments and corrective actions curriculum Level 2 assessors: – Consider training program and frequency of training for State and State-approved entities due to staff turnover 6

81. RTCR 81 Primacy Assessors (cont.): Coordination between Labs & Assessors Tips for States – Consider updating laboratory certification requirements Require electronic delivery of TC+ or EC+ results within 24 hour timeframe – Develop SOP for lab notification to State- approved assessors of TC+ / EC+ results – Include contact information – List approved/certified assessors – Provide training to laboratory staff about Level 1 and Level 2 assessment triggers 6

82. RTCR 82 Primacy Overview of RTCR Special Primacy Requirements 1.Baseline and reduced monitoring [142.16(q)(1), (2)(ii), (2)(viii)] 2.Sample siting plans [142.16(q)(2)(i)] 3.Special monitoring evaluation [142.16(q)(2)(vi)] 4.Seasonal systems [142.16(q)(2)(vii)] 5.Assessment and corrective actions [142.16(q)(2)(iii)] 6.Approval of individuals allowed to conduct Level 2 assessments [142.16(q)(2)(v)] 7.Invalidation of routine and repeat samples [142.16(q)(2)(iv)] 8.Criteria for extending the 24-hour period for collecting repeat samples [142.16(q)(2)(ix)] REMINDER

83. RTCR 83 Primacy Invalidation of Routine or Repeat Samples State has discretionary authority to invalidate under 3 specific conditions – Discussed on next slide State must describe criteria it will use to invalidate a TC+ sample under 3 conditions NOTE: The state can not invalidate a TC+ sample solely on the grounds that all repeats were TC-. 40 CFR 142.16(q)(2)(iv); & 141.853(c)(1) 7 Updated Final

84. RTCR 84 Primacy Reasons for Invalidation of TC+ Samples State determines: – That laboratory establishes that improper sample analysis caused the TC+ result NOTE: STATE APPROVAL [40 CFR 141.853.(c)(1)(i)] – That the TC+ sample resulted from a domestic or other non-distribution system plumbing problem based on the results of repeat samples – That there are substantial grounds to believe that the TC+ sample is due to a circumstance or condition that does not reflect water quality in distribution system 40 CFR 142.16(q)(2)(iv); & 141.853(c)(1) 7

85. RTCR 85 Primacy Overview of RTCR Special Primacy Requirements 1.Baseline and reduced monitoring [142.16(q)(1), (2)(ii), (2)(viii)] 2.Sample siting plans [142.16(q)(2)(i)] 3.Special monitoring evaluation [142.16(q)(2)(vi)] 4.Seasonal systems [142.16(q)(2)(vii)] 5.Assessment and corrective actions [142.16(q)(2)(iii)] 6.Approval of individuals allowed to conduct Level 2 assessments [142.16(q)(2)(v)] 7.Invalidation of routine and repeat samples [142.16(q)(2)(iv)] 8.Criteria for extending the 24-hour period for collecting repeat samples [142.16(q)(2)(ix)] REMINDER

86. RTCR 86 Primacy Extending 24-Hour Period for Collecting Repeat Samples State must describe the criteria it will use to: – Waive the 24-hour time limit for a PWS to collect repeat samples after a TC+ routine sample – Extend the 24-hour time limit for a PWS to collect samples following invalidation 40 CFR 142.16(q)(2)(ix); & 141.858(a)(1) Explain if the State elects to use only case- by-case waivers 8

87. RTCR 87 Primacy Extending 24-Hour Period for Collecting Repeat Samples (cont.) Tips for States – Lab availability – Limitations on delivery service to the lab from the PWS – Availability of sample bottles at small and very small PWSs – Extreme conditions or circumstances would put the sample collector in danger – Delay cannot be avoided 8

88. 88 Primacy RTCR Other Rule Considerations

89. RTCR 89 Primacy RTCR State Reporting Requirements Under the RTCR [40 CFR 142.15(c)(3)], the State must report: – List of PWSs that the State is allowing to monitor less frequently than once per month for CWSs, or less frequently than once per quarter for NCWSs, including the applicable date of the reduced monitoring requirement for each PWS All records must be auditable and accessible to EPA 40 CFR 142.15(c)(3)

90. RTCR 90 Primacy Integrating Different Rule Provisions for Public Health Protection When PWS fails to conduct GWR triggered source water monitoring – Consider RTCR assessment/corrective actions process to get PWS to collect source water samples When assessments are triggered by failure to conduct repeat monitoring – Consider requiring operator certification as part of corrective action

91. RTCR 91 Primacy Integrating Different Rule Provisions for Public Health Protection (cont.) When PWS fails to identify sanitary defects during assessment: – Review Stage 1 / Stage 2 disinfectant residual data to verify appropriate treatment was provided, if disinfection required – Review site visit and sanitary survey report and past GWR significant deficiencies to ensure previous defects were addressed – Ensure PWS is compliant with other drinking water rules

92. RTCR 92 Primacy Integrating Different Rule Provisions for Public Health Protection (cont.) When PWS fails to submit required operational reports/data: – Evaluate PWS’ eligibility for RTCR reduced monitoring All PWSs on reduced monitoring must be able to demonstrate they are well-operated and have barriers in place to protect public health

93. 93 Primacy RTCR Transition from TCR to RTCR

94. RTCR 94 Primacy TCR to RTCR Transition: Technical Assistance and Training Help prepare/identify RTCR training curricula that are eligible for operator certification credits Provide training to PWSs, State staff, labs, and technical assistance providers – PWS-specific requirements for the RTCR – Identifying sanitary defects and taking corrective actions – Public notification procedures – TC+ and EC+ notification timelines/procedures – Start-up procedures Provide on-site technical assistance

95. RTCR 95 Primacy TCR to RTCR Transition: Sample Siting Plans Ensure ALL PWSs have an updated sample siting plan – Seasonal systems must have an approved sample siting plan before reducing monitoring – Ensure all RTCR compliance sampling locations are specified clearly – Review/specify SOP a PWS will use if it is allowed to select its own repeat monitoring locations

96. RTCR 96 Primacy TCR to RTCR Transition: Reduced Monitoring Identify PWSs on reduced monitoring: – Annual – Quarterly Conduct annual site visits to PWSs on reduced monitoring or that want to reduce monitoring Conduct special monitoring evaluations Use information from special monitoring evaluations to update sample siting plans

97. RTCR 97 Primacy TCR to RTCR Transition: Special Monitoring Evaluations Perform during sanitary surveys of all NCWSs and CWSs using GW and serving < 1,000 people – Evaluate appropriateness of monitoring frequency – Confirm number of samples per monitoring period – Identify vulnerable or critical timeframes for monitoring – Confirm that critical, representative sites are being monitored 40 CFR 141.854(c)(2); & 141.855(c)(2)

98. RTCR 98 Primacy TCR to RTCR Transition: Seasonal System Monitoring Identify seasonal systems Identify seasonal systems eligible for quarterly/annual monitoring (if State allows) For seasonal systems with reduced monitoring, carry out annual site visits Track monitoring requirements for seasonal systems with fluctuating populations at the 1,000 persons threshold Train operators if monitoring frequency and number of samples can fluctuate during their seasonal operating period

99. RTCR 99 Primacy TCR to RTCR Transition: Seasonal System Start-Up Procedures Train seasonal system operators about start-up procedures Provide technical assistance to ensure start-up procedures are carried out, and sanitary defects are addressed Educate seasonal systems about deadlines and notification/certification requirements for completion of start-up procedures Train seasonal systems on procedures for updating State on start-up and shutdown dates if they change from year to year Establish/update certified operator provisions for seasonal systems as needed

100. RTCR 100 Primacy TCR to RTCR Transition: Level 1 and Level 2 Assessments Level 1 assessments – Develop assessment form and associated corrective actions to sanitary defects Level 2 assessments – Determine assessor qualifications and criteria – Develop lists of qualified assessors in the State – Develop assessment form and corrective actions for sanitary defects

101. RTCR 101 Primacy TCR to RTCR Transition: Data Management and Recordkeeping Create SOPs for timelines/frequency to conduct compliance determinations often enough to ensure deadlines are met for completing assessments and corrective actions from the 30 days from trigger Track compliance frequently enough for State to conduct Level 2 assessments within 30 days of trigger If sanitary surveys or site visits equivalent to Level 2 assessments are used to meet Level 2 assessment criteria, develop data management approach that makes clear Level 2 trigger is being addressed

102. RTCR 102 Primacy TCR to RTCR Transition: Notification Procedures (between State and PWSs) When PWS has EC+ or TC+ result, develop SOP for PWSs to implement best practices to address potential sanitary defects – Especially when Level 1 or Level 2 assessment cannot be conducted immediately, or – When corresponding corrective actions to sanitary defect cannot be immediately identified Develop PWS notification procedures to State for treatment technique violations, completion of corrective actions, submission of assessment forms, certification of start-up

103. RTCR 103 Primacy TCR to RTCR Transition: PWS and Laboratory Communication Educate PWS about benefits of arranging with laboratory to send 3 repeat sample kits automatically for every routine TC+ – To minimize assessments triggered by failure to conduct repeat monitoring

104. RTCR 104 Primacy TCR to RTCR Transition: Public Notification Procedures (from PWS to its Customers) Provide PWSs with new health language for public notification under the RTCR

105. RTCR 105 Primacy Primacy Application Considerations States may need to consider: – Monitoring Tracking TC repeat samples with associated TC+ routine samples Repeat sampling locations for 2+ rounds of repeat sampling Performing special monitoring evaluations or technical assistance for PWSs with ongoing repeat TC+ samples Compliance determinations for multiple TC+ samples at different sampling locations

106. RTCR 106 Primacy Primacy Application Considerations (cont.) States may need to consider: – Triggers and assessments Timing of assessments Tracking TT triggers across multiple months

107. RTCR 107 Primacy Primacy Application Considerations (cont.) States may need to consider: – Who, what, and how of annual site visits for PWSs with reduced monitoring – Reporting of special purpose samples

108. 108 Primacy RTCR CONCLUSION

109. 109 Primacy RTCR Feb. 2014: RTCR Technical Corrections submitted for publication in Federal Register (i.e., Proposed and Final Direct)

110. RTCR 110 Primacy Questions Regarding the RTCR? US EPA Headquarters  Cindy Mack, RTCR Rule Manager Email: mack.cindy-y@epa.gov; 202-564-6280mack.cindy-y@epa.gov  Nancy Ho, Environmental Scientist Email: ho.nancy@epa.gov; 202-564-3896ho.nancy@epa.gov  TCR Website: http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/index.cfm  RTCR Website: http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation _revisions.cfm The Feb. 2013 Final RTCR can be found at this website, along with the RTCR Quick Reference Guide (QRG).

111. 111 RTCR Primacy US EPA Regions: RTCR Regional Technical Contacts RegionStaffEmail 1Denise SpringborgSpringborg.Denise@epa.gov 1Kevin ReillyReilly.Kevin@epa.gov 2Michael LowyLowy.Michael@epa.gov 3Kelly MoranMoran.Kelly@epa.gov 3Patti-Kay WisniewskiWisniewski.Patti-Kay@epa.gov 4Pamela RileyRiley.Pamela@epa.gov 4Brian SmithSmith.Brian@epa.gov 4Dale FronebergerFroneberger.Dale@epa.gov 5Miguel Del ToralDeltoral.Miguel@epa.gov

112. 112 RTCR Primacy US EPA Regions: RTCR Regional Technical Contacts (cont.) RegionStaffEmail 6Andrew WaiteWaite.Andrew@epa.gov 7Robert DunlevyDunlevy.Robert@epa.gov 7Stan CalowCalow.Stan@epa.gov 8Breann BockstahlerBockstahler.Breann@epa.gov 8Robert ClementClement.Robert@epa.gov 9Andrew SallachSallach.Andrew@epa.gov 9Bruce MaclerMacler.Bruce@epa.gov 10Cyndi GrafeGrafe.Cyndi@epa.gov 10Wendy MarshallMarshall.Wendy@epa.gov

113. RTCR 113 Primacy Reference Materials (The following slides are not presented during training session.) Applicability RTCR Purpose Guidance Materials and Resources Key Provisions Acronyms & Definitions

114. RTCR 114 Primacy RTCR Applicability RTCR applies to all PWSs – Any size PWS population – PWS using GW and SW sources – TNCWSs, NTNCWSs, CWSs 40 CFR 141.851(b)

115. RTCR 115 Primacy RTCR Purpose Improve public health protection by reducing the pathways through which fecal contamination and pathogens can enter the distribution system RTCR objectives: – Evaluate effectiveness of treatment – Determine integrity of distribution system – Signal possible presence of microbial contamination Cost-effective way to enhance multi-barrier approach to public health protection

116. RTCR 116 Primacy Why Total Coliform & E. coli ? RTCR uses total coliforms and E. coli as indicators of potential risk – Total coliforms are a group of closely related bacteria that, with a few exceptions, are not harmful to humans – E. coli bacteria are a more accurate indicator of fecal contamination than total coliforms, though not a measure of waterborne pathogen occurrence The presence of total coliforms is a good indicator of a potential pathway of microbial contamination into the distribution system Contaminants could include: – Bacteria – Viruses – Parasitic protozoa

117. RTCR 117 Primacy Types of RTCR Compliance Samples Routine samples – Required each monitoring period NOTE: PWSs must use all RTCR compliance samples when determining if a Level 1 or Level 2 assessment has been triggered

118. RTCR 118 Primacy Types of RTCR Compliance Samples (cont.) Repeat samples: – Required for when a routine or repeat sample is TC+ – ALL PWSs (of any size) take 3 repeat samples for each routine TC+ – For each routine TC+ sample, when there are multiple TC+ repeat samples in a set: Collect one set of 3 repeat samples until either: – TC are not detected in one complete set of repeats; OR – PWS determines that a TT trigger has been exceeded and notifies the State 40 CFR 141.858(a)(1) & (3)

119. RTCR 119 Primacy Special Purpose Samples Special purpose samples are operations-focused investigative samples that are not classified as routine or repeat compliance samples – Ex: samples taken to determine if disinfection, flushing, storage tank cleaning, etc. is working properly Special purpose samples ARE NOT : – Additional routine samples; or – Additional repeat samples NOTE: These samples are NOT used in calculating a TT trigger exceedance or E. coli MCL violation 40 CFR 141.853(a)(4) & (b)

120. RTCR 120 Primacy Guidance Documents and Available Resources Released Implementation Material RTCR QRG (September 2013) Materials Planned for Release in 2014 RTCR Assessments and Corrective Actions Manual – Interim Final RTCR State Implementation Guidance – Interim Draft; Interim Final Draft Small Systems Guidance (Systems ≤ 1,000) Guide/Tool for Small Non-Community Water Systems Serving 1,000 or Less People SDWIS Prime (formerly NextGen): List of RTCR Violations and Return to Compliance; and Data Entry Instructions (DEI)

121. RTCR 121 Primacy Guidance Documents and Available Resources (cont.) Materials Planned for Release in 2015-2016 Factsheets (e.g., seasonal systems, repeat monitoring, Level 1& Level 2 assessments and corrective actions) Transition memo (explain transition of TCR non- compliance to RTCR) Update Public Notice (PN) handbook: templates for TNCWSs and other PWSs’ handbook Update PN I-Writer for small systems Update PN Matrix Tool Update Consumer Confidence Report (CCR) State Implementation Guide Manual for NPDWRs Update Guidance for preparing CCR Update CCR I-Writer

122. 122 RTCR Primacy 141 Subpart Y - Revised Total Coliform Rule 40 CFR 141 Subpart Y 141.851General 141.852Analytical methods and laboratory certification 141.853 General monitoring requirements for all public water systems 141.854 Routine monitoring requirements for non- community water systems serving 1,000 or fewer people using only ground water 141.855 Routine monitoring requirements for community water systems serving 1,000 or fewer people using only ground water

123. 123 RTCR Primacy 141 Subpart Y - Revised Total Coliform Rule 40 CFR 141 Subpart Y 141.856 Routine monitoring requirements for subpart H public water systems of this part serving 1,000 or fewer people 141.857 Routine monitoring requirements for public water systems serving more than 1,000 people 141.858Repeat monitoring and E. coli requirements 141.859 Coliform treatment technique triggers and assessment requirements for protection against potential fecal contamination 141.860Violations 141.861Reporting and recordkeeping

124. 124 RTCR Primacy 142 Subpart B – Primary Enforcement Responsibility 40 CFR 142 Subpart B 142.14Recordkeeping requirements of the RTCR 142.15Reporting requirements of the RTCR 142.16Nine special primacy requirements of the RTCR

125. RTCR 125 Primacy Acronyms CWSCommunity Water System EC+E. coli-Positive GWRGround Water Rule MCLMaximum Contaminant Level NCWSNon-Community Water System PNPublic Notification PWSPublic Water System RTCRRevised Total Coliform Rule TCTotal Coliform TC+Total Coliform-Positive TCRTotal Coliform Rule TTTreatment Technique

126. RTCR 126 Primacy Definitions Public Water System (PWS) Any entity that provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections or serves an average of at least 25 people for at least 60 days a year. Community Water System (CWS) A PWS which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. 40 CFR 141.2

127. RTCR 127 Primacy Definitions (cont.) Non-community water system (NCWS) A PWS that is not a CWS. A NCWS is either a “transient non-community water system (TNCWS)” or a “non-transient non-community water system (NTNCWS).” Non-transient non-community water system (NTNCWS) A PWS that is not a CWS and that regularly serves at least 25 of the same persons over 6 months per year. Transient non- community water system (TNCWS) A NCWS that does not regularly serve at least 25 of the same persons over 6 months per year. 40 CFR 141.2

128. RTCR 128 Primacy Definitions (cont.) Consecutive System A PWS that buys or otherwise receives some or all of its finished water from one or more wholesale systems. Routine Monitoring Normal TC sampling that must be conducted. Repeat Monitoring Follow-up sampling required when a compliance sample is TC+ (beyond routine monitoring). Must be used to determine if PWS triggered a Level 1 or Level 2 assessment. 40 CFR 141.2

129. 129 RTCR Primacy New Definitions 40 CFR 141.2 Clean Compliance History A record of no TCR or RTCR MCL violations, no TCR or RTCR monitoring violations, and no coliform TT trigger exceedances or TT violations. Level 1 Assessment An evaluation conducted by the system (can be either operator or owner) to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. Level 2 Assessment A more detailed evaluation of a system conducted by an individual approved by the State with the same goals as a Level 1 assessment.

130. 130 RTCR Primacy More New Definitions 40 CFR 141.2 Sanitary Defect A defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place. Seasonal System A NCWS that is not operated as a PWS on a year-round basis and starts up and shuts down at the beginning and end of each operating season.