1. Ground Water Rule Workshop Department of Environmental Conservation September 22-23, 2009 Dan Weber & Gloria Collins Regulations Team DEC Drinking Water Program Daniel.Weber@alaska.gov/907-269-7514 Gloria. Collins@alaska.gov/907-269-3075

2. Presentation Outline Some facts about ground water systems (GWS) The history of the Ground Water Rule (GWR) Current status of GWR in Alaska, and Alaska’s plans for adopting it Current Alaska regulations concerning ground water systems General requirements of the GWR

3. The Ground Water Universe About 85% of Alaska PWS are ground water systems (GWS). Ground water PWS supply about 50% of the state population, and about 90% of the population outside major cities. GWS tend to be smaller PWS: Serve smaller populations Less investment, infrastructure More often rural than urban

4. Distribution of GWS in Alaska

5. Systems Affected by the GWR “Public water system” (PWS) = federal definition, not state (no Class C) PWS using ground water (but not GWUDISW) Consecutive PWS receiving finished ground water from wholesale system PWS mixing untreated ground water with surface water Not PWS mixing all ground water and surface water before treatment Includes Community Water Systems (CWS) Non-community Water Systems (NCWS) Size of population served is irrelevant

6. Regulatory Framework Safe drinking water parameters in U.S. are established nationally Safe Drinking Water Act (SDWA), originally enacted in 1974 National Primary Drinking Water Regulations, 40 C.F.R. Part 141, promulgated by the United States Environmental Protection Agency (EPA) “Primacy” agencies required to adopt and enforce standards at least as stringent as federal ones Alaska Drinking Water Regulations, 18 AAC Chapter 80

7. Origins of GWR, 1986-96 1986 SDWA wanted to require disinfection of all PWSs, ground water as well as surface water First version of GWR drafted in 1987, required disinfection of all GWS “Tremendous” stakeholder input on draft Strong opposition, because: Draft rule assumed all GWSs were fecally contaminated Cost of disinfection Regulatory burden of implementing rule Development of rule slowed until 1996 SDWA amendments

8. Development of GWR, 1996-2006 1996 SDWA amendments adopted “risk-targeted” approach to ground water issues: Identify GWS at risk of fecal contamination Require corrective actions, of which disinfection would be only one possibility This put the GWR on different rule development track: Identify technically feasible risk-identifying strategies Stakeholder meetings to evaluate feasibility, costs, and state regulatory structures and capabilities Draft of proposed GWR published in 2000 Controversies over indicator organisms delayed consensus Final rule promulgated 11/22/06

9. Principal Differences Between Proposed and Final Rules Hydrogeologic Sensitivity Analyses (HSAs) and routine source water monitoring not mandatory; changed to “targeted” monitoring “Targeted” language dropped; now called “assessment water source monitoring,” “assessment source monitoring,” or “assessment monitoring”

10. Where to Find the GWR Most of it is added as Subpart S to 40 C.F.R. 141, consisting of sections 400 through 405. Other changes at: 141.21 (Total Coliform Rule) 141.153 (Consumer Confidence Report Rule, also at Subpart O, Appendix A added health effects language for fecal indicators) 141.202 and 141.203 (Public Notice, also at Appendix B to Subpart Q, added health effects language for fecal indicators and GWR TT violations) 40 CFR 142, National Primary Drinking Water Regulations Implementation (specification of primacy requirements for GWR)

11. Gaps Filled By GWR Before GWR, no federal rule existed that required Microbiological monitoring of ground water source Corrective action if fecal contamination is found in ground water source Corrective action if sanitary survey finds significant deficiency GWR protects public health by providing for all three Alaska already has provisions addressing all three

12. GWR Implementation Timeline Final rule published in Federal Register: 11/8/06 Promulgation date: 11/22/06 Compliance date: 12/1/2009 First “deadline” for state adoption: 11/22/08 Second “deadline” for state adoption: 11/22/10 Alaska’s adoption timeframe (obtain primacy) Before state primacy, GWR implementation shared between EPA and Drinking Water Program per MOU: State activities: Public education, data collection and management, compliance assistance EPA activities: NOVs and subsequent enforcement actions

13. Ground Water Rule Overview (cont’d.) Where we are: Current Drinking Water (DW) Regulations and Ground Water System Requirements 18 AAC 80.035, Disinfection of non-surface water source 18 AAC 80.400-425, Coliform bacteria requirements (TCR) 18 AAC 80.430, Sanitary Surveys (TCR) Other requirements related to GW Systems in 18 AAC 80 Where we are going: Ground Water Rule Basics—EPA Who? Applicability Why? Purpose What? How? Key provisions When? Compliance Dates What? How? (Part 2) Other Requirements Ground Water Rule and State Discretion 13

14. Current DW Regulations and Ground Water System Requirements Where are we right now? Summary of key points in relevant regulations for Ground Water Systems (GWSs) 14

15. Current DW Regulations and GW Systems (cont’d.) 18 AAC 80.035, Disinfection of non-surface water system: GW system required to install/maintain continuous disinfection when the following conditions apply: If needed to protect public health and either DW Program is aware of sanitary defect; System is in violation of Maximum Contaminant Level (MCL) for total coliforms; OR DW Program determines high potential for violating MCL for total coliforms. 15

16. Current DW Regulations and GW Systems (cont’d.) (18 AAC 80.035, cont’d.) If disinfection is required: Daily monitoring requirements for disinfectant residual Maintain a detectable residual disinfectant level in distribution system Report monitoring results to DW Program NOTE: Disinfection treatment in current DW regulations for GW systems might not meet treatment requirements of the GW Rule—Check with the DW Program 16

17. Current DW Regulations and GW Systems (cont’d.) 18 AAC 80.400-425, Coliform bacteria requirements (Total Coliform Rule): Routine monitoring Approved sampling sites in distribution system Consecutive system monitoring/reporting provisions as determined by DW Program Monitoring frequency for total coliforms depends on population served daily Waiver on sample collection times may be granted for remote PWSs under specified conditions 17

18. Current DW Regulations and GW Systems (cont’d.) (18 AAC 80.400-425, cont’d.) Site plan for sampling, approved by DW Program Repeat monitoring: If routine sample is total coliform positive, there are r epeat sample requirements 18

19. Current DW Regulations and GW Systems (cont’d.) 18 AAC 80.430, Sanitary Surveys: Required for all PWSs, including GW systems Eight components (EPA’s Enhanced Sanitary Survey) Deficiencies—3 levels Public notice requirements when lack of compliance 19

20. Current DW Regulations and GW Systems (cont’d.) Other requirements in 18 AAC 80 relevant to GW systems: Analytical Methods (laboratory analyses) Consumer Confidence Reporting (CWS) Public Notification Reporting and Recordkeeping 20

21. Ground Water Rule Basics Who? Why? What? How? When? In other words, Where are we going? 21

22. Ground Water Rule Basics (cont’d.) Who? Applicability 22

23. Ground Water Rule Basics (cont’d.) GWR applies to PWS using 100% GW source Consecutive system receiving GW System using mixed surface/GW if GW not going through same treatment process as surface water 23

24. Ground Water Rule Basics (cont’d.) Why? Purpose 24

25. Ground Water Rule Basics (cont’d.) Protecting Public Health EPA’s “Multi-Barrier Approach” for drinking water systems: A variety of protective programs including 1. Source water protection 2. Treatment and treatment redundancy 3. Monitoring using certified laboratories 4. Appropriately certified operators, and 5. Mechanisms to educate members of the public about water quality and inform them of any violations 25

26. Ground Water Rule Basics (cont’d.) Primary purpose of GWR: Protect Public Health Identify GWSs at risk of fecal contamination Monitoring of source water for GWS Requiring Sanitary Surveys and Identifying Significant Deficiencies for GWS Corrective Action requirements for GWS 26

27. Ground Water Rule Basics (cont’d.) What? How? Key Provisions 27

28. Ground Water Rule Basics (cont’d.) Key provisions of GWR 1. Source Water Monitoring (no 4-log treatment requirement)— a. Triggered—Monitoring & Reporting 1 b. Assessment—Assessment Monitoring 2. Compliance Monitoring (4-log treatment requirement)— Monitoring & Reporting 2; Treatment Techniques 3. Sanitary Surveys of all GWSs— Sanitary Surveys 4. Corrective Actions for Significant Deficiencies and Fecal Contamination— Monitoring & Reporting 1 & 2; Treatment Techniques; Sanitary Surveys; Additional Rule Requirements ** Underlying Factors —Epidemiology; Well Construction Issues 28

29. Ground Water Rule Basics (cont’d.) Overview of Corrective Action Process Activated when there is primarily 1. Evidence of source water fecal contamination; or 2. A significant deficiency (from sanitary survey) 29

30. Ground Water Rule Basics (cont’d.) When? Key Compliance Date 30

31. Ground Water Rule Basics (cont’d.) GWR Primary Compliance Date December 1, 2009: A. PWS to notify DW Program if doing 4-log treatment B. PWS to begin 1. Compliance monitoring (4-log treatment) 2. Source water monitoring (no 4-log treatment) a. Triggered b. Assessment 3. Corrective action requirement, if needed to address a. Fecal indicator-positive samples b. A deficiency (from sanitary survey) 31

32. Ground Water Rule Basics (cont’d.) What? How? ( Part 2) Other Requirements 32

33. Ground Water Rule Basics (cont’d.) Other Requirements Analytical Methods (laboratory analyses) Consumer Confidence Report (CWS) Public Notification/Special Notice Reporting and Recordkeeping 33

34. Ground Water Rule and State Discretion GWR flexibility DW Program decides discretionary items Which fecal indicator to use? Choice of 3: Enterococci Coliphage E. coli (Alaska’ s first choice of indicator) Descriptions of significant deficiencies Protocols for determining 4-log treatment technique achievement 34

35. Ground Water Rule Overview Summary Facts about Ground Water Systems History of Ground Water Rule Status of Ground Water Rule in Alaska Current Drinking Water Regulations and Ground Water System Requirements Ground Water Rule Basics—EPA Ground Water Rule and State Discretion 35

36. Ground Water Basics Check out the Ground Water Flow Model in the lobby 36