1. T HE N EW S IGNIFICANT N ON -C OMPLIER LIST Kelly Cobbs Environmental Program Specialist Drinking Water Program 1 Sustained Compliance: What It Means to Public Water System Owners and Operators Anchorage, Alaska September 23-24, 2010

2. H OW DO YOU GET A COPY OF THE SNC LIST ? Posted Quarterly on Drinking Water Website http://www.dec.state.ak.us/eh/dw/index.htm http://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 If you would like to be notified via email when list has been posted, updates have been made, or to request an electronic copy please email requests to: Kelly.Cobbs@alaska.govKelly.Cobbs@alaska.gov or Jeanine.Oakland@alaska.govJeanine.Oakland@alaska.gov Call: 907-269-7630 or 907-269-2007 Or contact your local DW Program office for a copy 2

3. O UTLINE Significant Non-Complier (SNC) list information What is the Significant Non Complier list? How is the list used? Current changes happening What are the changes? Timeline of changes The Future Significant Non Complier (SNC) list The Changes Next steps 3

4. T HE S IGNIFICANT N ON C OMPLIER L IST The Current SNC- is the current July 2010 SNC list and what is posted to the DEC website. Recognize Basic Concepts Be familiar with the history of the list The Future SNC- a new targeting tool will be used for the October 2010 SNC list. Understand the changes to the SNC list Be able to identify the new targeting efforts of the list 4

5. T HE C URRENT S IGNIFICANT NON - COMPLIER LIST INFORMATION What is the Significant Non Complier list? How is the list used? 5

6. W HAT IS THE S IGNIFICANT N ON COMPLIER (SNC) LIST ? The SNC list is a group of Public Water Systems who have met the Environmental Protection Agency s (EPA) non-complier criteria. Government agencies and the public use this list as one of many public health tools. The SNC list outlines and defines Safe Drinking Water Acts significant non compliers. 6

7. W HO DECIDES THE S IGNIFICANT N ON COMPLIER (SNC) LIST ? EPA sets the SNC criteria for each Safe Drinking Water Act (SDWA) rule based on severity of violation type and frequency of the violations. EPA also set criteria for how a system can Return to Compliance (RTC) and be removed from the SNC list. The criteria is either a sampling or time dependant event for the system to come back into compliance. Created quarterly by EPA based on information transferred from DECs Drinking Water (DW) Program database, State Drinking Water Information System (SDWIS) /State. 7

8. H OW IS THE SNC LIST IS CREATED ? Public Water Systems violate the Safe Drinking Water Act Drinking Water formats EPA data EPA Sends SNC data to Drinking Water 8 DW tracks and sends data to EPA DW verifies SNC data SNC List

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10. P OSSIBLE RULE VIOLATIONS TO MEET SNC CRITERIA 10 TCR (Total Coliform Rule) Surface Water (Enhanced and Surface Water Treatment Rules) Nitrate Chemical Rules (IOC, VOC, SOC, Arsenic) Radionuclides (Rads) Lead & Copper CCR (Consumer Confidence Report) Stage 1 (Disinfectants/Disinfection by Products Rule)

11. C URRENT SNC R ETURN TO C OMPLIANCE (RTC) C RITERIA 11 Total Coliform Rule (TCR) Surface Water (Enhanced and Surface Water Treatment Rules) Stage 1 (Disinfectants/Disinfection by Products Rule) Nitrate Chemical Rules (IOC, VOC, SOC, Arsenic) Radionuclides (Rads) Lead & Copper CCR (Consumer Confidence Report) Time Dependent Single Sampling or Reporting Event

12. H OW IS THE SNC LIST USED ? 12

13. H OW THE P UBLIC CAN U SE THE SNC LIST Public health tool Assess problems with their specific system A tool to receive more funding 13

14. A GENCIES USING THE SNC 14 Environmental Protection Agency Office of Ground Water and Drinking Water Office of Compliance and Enforcement Assurance Department of Environmental Conservation Village Safe Water Program (VSW) Municipal Grants Program Drinking Water Program (DW) Remote Maintenance Worker Program (RMW) Alaska Native Tribal Health Consortium (ANTHC) Alaska Rural Water Association (ARWA) Regional Health Corporations (SEARHC, TCC, BBAHC, YKHC) Rural Utility Business Advisor Program (RUBA)

15. RUBA – provides assistance to small rural communities statewide that are preparing to receive new or upgraded sanitation systems. RUBA supplies an assessment of the community's ability to supply management and administration of sanitation utilities. Capacity Indicator: Operation of Utility Essential Indicators The utility operator(s) are actively working towards necessary certification. The utility has a preventative maintenance plan developed for the existing sanitation facilities. Sustainable Indicators The utility is not on the "Significant Non-Complier" (SNC) list. 15 RUBA considers SNC status in communitys assessment!

16. H OW DO AGENCIES USE THIS TOOL ? 16 EPA - uses the data to analyze trends in compliance and enforcement effectiveness of ADEC. EPA has awarded the Drinking Water Program primacy of most SDWA rules and uses the list to track progress and enforcement of ADEC. ADEC- uses the SNC information, to help determine where to focus compliance assistance and/or enforcement efforts. ADEC must address significant non complier systems to receive federal grant funding and renew primacy on a yearly basis. A constant relationship between EPA and ADEC!

17. VSW- considers the SNC status to determine funding opportunities for construction projects. Your SNC status matters and accounts for 31% of Local Capacity Points!!! 17

18. YOUR SNC SCORE MATTERS ! Less Enforcement Actions. Higher grant scores. Funding opportunities for construction projects. Possible funding opportunities for upgrading water utility systems. 18 Not on SNC list =

19. C URRENT C HANGES H APPENING TO THE SNC LIST What are the changes? Timeline of changes 19

20. W HAT S CHANGING ? 20 EPA is focusing on identifying Public Water System (PWS) with health-based violations and those that have a history of violations across multiple rules. EPA has developed an Enforcement Targeting Formula based on a point system. EPA will take into account the significance of the violation and assign a point value to violations. The more health-based violation will be assigned a higher point value. Higher Point Total = Higher Enforcement Priority

21. T IMELINE OF C HANGES 21

22. T HE F UTURE S IGNIFICANT N ON C OMPLIER (SNC) LIST The Changes Next Steps 22

23. T HE C HANGES : Difference in how SNCs are calculated (Enforcement Targeting Formula) Emphasis on return to compliance instead of addressing a violation Introduces a new term on path to compliance Definition of timely and appropriate response for enforcement actions 23

24. EPA S E NFORCEMENT TRACKING TOOL 24

25. U NDERSTANDING T HE N EW SNC 25 The new Enforcement Targeting Formula. New Term: on path to Compliance. Emphasis on repeat offenders. n= # of SNCs in last 5 yrs. Health based violations are assigned higher points. Higher points = Higher priority

26. D IFFERENCE IN HOW THE SNC LIST IS CALCULATED 26 EPA set SNC criteria for each rule based on violation severity and frequency. EPA considered a PWS a SNC if the criteria was met regardless of health based violations. Systems will be given a score based on their violations across all rules. EPA has assigned a point value to each violation with a higher value placed on health- based violations (TT, MCL). Current SNC List FUTURE SNC List

27. NEW SNC E NFORCEMENT T ARGETING F ORMULA 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 and reporting or any other violation n= number of years from the oldest unaddressed violations ( 0 to 5 yr max) 27 SNC SCORE = (S) + n

28. F ACTS ABOUT ENFORCEMENT TARGETING FORMULA The formula calculates the score for each system based on open violations and violations that have occurred over past 5 years. Does not include violations that have Returned to Compliance. Does not include violations that are on the Path to Compliance. A score of 11+ meets the new SNC criteria! 28

29. W HAT DOES A S CORE OF 11+ MEAN ? A score of 11 or above meets the EPA criteria to become a significant non complier and be placed on the list. Every violation that is an open violation accrues points. A higher point value is placed on acute violations. 29

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31. H OW TO READ THE NEW SNC LIST 31 SNC Score=(S) + n Name of system, PWSID, System type, and Population

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33. T HE R ULES AND P OINT S YSTEM 33 Total Coliform Rule Surface Water Nitrate Chemical Rules (IOC, VOC, SOC, Arsenic) Radionuclides (Rads) Lead & Copper CCR Stage 1 Public Notice (PN)

34. T HE P OINTS This table works like a multiplication table. Take the oldest open violation and add the years to the total. Acute violations = more points 34

35. EPA S S EVERITY V ALUES 35 Point ValuesViolations 10 points RULES: Total Coliform/Nitrate/Surface Water Acute violation, Nitrate Maximum Contaminant Level (MCLs), Acute Maximum Residual Disinfectant Level (MRDL), TCR Acute, Turbidity Treatment Technique (TT), Surface Water TT. 5 points Rules: Most Rules except PN, CCR Other health-based violation (MCL, MRDL, TT) Also, TCR Monitoring/Reporting Repeats and Nitrate MRs 1 points Rules: All Rules Monitoring/reporting violation, or any other violation. i.e. PN, CCR

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39. W HAT S MY S CORE ??? A Water System has a SNC Score= 23 39 Violations (S) Years since first unaddressed violations (n) (S) + n 5 STAGE 1 violations (3 TT, 1 MCL, 1 MON) 2 (2008 was the oldest violation) (5 + 5 + 5 + 5 + 1) + 2= 23

40. N EW RTC C RITERIA 40 No Rule will be on a time dependent schedule for the NEW RTC Criteria! SW TCR Stage 1 Nitrate Chemical Rules Radionuclides Lead & Copper CCR PN Time Dependent Single Sampling or Report Event

41. C HANGES IN T OTAL C OLIFORM AND S URFACE W ATER RTC C RITERIA 41 Total Coliform= Submit 6 consecutive months with ZERO TCR violations OR 2 quarters for quarterly routine TCR sampling. Surface Water = Submit 6 consecutive months with ZERO SWTR violations OR install filtration as required. TCR and SW = RTC is achieved when the next full round of monitoring demonstrates that no additional MCL or M/R violations occurred. Install Surface Water filtration as required. CURRENT RTC CRITERIA FUTURE RTC CRITERIA

42. C HANGES IN S TAGE 1 RTC C RITERIA 42 Submit 12 consecutive months of ZERO Disinfectant Byproduct Rule violations RTC is achieved after one monitoring round without any additional violations. CURRENT RTC CRITERIA FUTURE RTC CRITERIA

43. SNC AND RTC C RITERIA FOR C HEMICAL & R ADIOLOGICAL SNC S 43 One set of samples below MCL (if MCL SNC) 1 sample, or 4 quarters Complete monitoring requirement One set of samples below MCL (if MCL SNC) 1 sample, or 4 quarters Complete monitoring requirement Current RTC CRITERIA FUTURE RTC CRITERIA VOLATILE ORGANIC COMPOUNDS (VOC) INORGANIC COMPOUNDS (IOC) SYNTHETIC ORGANIC COMPOUNDS (SOC) ARSENIC NITRATE LEAD/COPPER (Pb/Cu) RADIONUCLIDES

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45. I NFORMATION TO GATHER FROM LIST 45 General Status Comments: Defines a systems problem(s) areas and not all violations as the current version reflects. List overall system status and contact between the Drinking Water Program and the system. Example: TCR- System has missed 1 st and 2 nd quarters of 2010.

46. 46 How to Return to Compliance (RTC): Outlines the method and time period for the system to Return to Compliance. Example: TCR- has 0 of 2 quarters (0 of 6 months) to RTC

47. Known Hardware Problems: List hardware problems contributing to SNC status. Example: Needs water treatment plant upgrades to meet SWTRs. Treatment Plant upgrades scheduled to be completed by 2012. 47

48. T HE C HANGES : Difference in how SNCs are calculated (Enforcement Targeting Formula) Emphasis on return to compliance instead of addressing a violation Introduces a new term on path to compliance Definition of timely and appropriate response for enforcement actions 48

49. E MPHASIS ON RETURN TO COMPLIANCE 49 Two ways a system can get off the SNC List 1. Meet return to compliance criteria for specific rule 2. DW Program issuing a formal enforcement action (formal as defined by EPA) NOV, COBC, Administrative Penalties One way to get off the SNC List Return to Compliance Current PolicyFuture Policy

50. O N THE PATH TO COMPLIANCE System considered on path to compliance when issued a formal enforcement actions for the SNC violations. System will no longer be considered an enforcement priority. System will remain on list and will be tracked by the State and EPA until RTC is achieved. 50

51. O N THE PATH TO COMPLIANCE 51 *The systems that are on the path to compliance will have a score of 0 and be de-prioritized as a system needing immediate attention but will remain on the SNC list until the system has returned to compliance!

52. T HE C HANGES : Difference in how SNCs are calculated (Enforcement Targeting Formula) Emphasis on return to compliance instead of addressing a violation Introduces a new term on path to compliance Definition of timely and appropriate response for enforcement actions 52

53. D EFINITION OF TIMELY AND APPROPRIATE RESPONSE Once a PWS is identified as an enforcement priority on the targeted list, an appropriate formal action or return to compliance will be required within two calendar quarters to be considered timely. 53 TWO CALENDAR QUARTERS FOR ENFORCEMENT ACTIONS!

54. N EXT S TEPS 54

55. A SYSTEM S RESPONSIBILITIES Each quarter CHECK to see if your system is on the list. Even if you feel your system has good compliance, double check to ensure there are no data errors. CONTACT the Environmental Program Specialist (EPS) working with your system. Very important to know exactly why system is on the SNC list. The DW Program staff has the most up-to date information, and will be able to help identify what violations have put the system on the list. They can also advise what steps need to be taken to get off the list. VERIFY the accuracy of the SNC and ASK WHY. ACT. Take to appropriate steps to return the system to compliance. 55 ACT

56. S UMMARY The SNC list is changing! Focus on health based violations The SNC formula Every open violation has a score Be aware of the SNC list. Where to get a copy Who looks at the list The uses of the list Remember the systems responsibilities. Check Contact Verify Act 56

57. H OW DO YOU GET A COPY OF THE SNC LIST ? Posted Quarterly on Drinking Water Website http://www.dec.state.ak.us/eh/dw/index.htm http://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 If you would like to be notified via email when list has been posted, updates have been made, or to request an electronic copy please email requests to: Kelly.Cobbs@alaska.govKelly.Cobbs@alaska.gov or Jeanine.Oakland@alaska.govJeanine.Oakland@alaska.gov Call: 907-269-7630 or 907-269-2007 Or contact your local DW Program office for a copy 57