1. NYS Conference of Environmental Health Directors Spring 2012 Meeting Bureau of Water Supply Protection Bureau and Regulatory Updates Roger C. Sokol, Ph.D. Director Craig Jackson, M.S., P.E. Assistant Director

2. Freakish winter leaves reservoirs thirsty Spring rains needed to bring reservoir levels to normal Brian Nearin, Times Union Copyright 2012 Times Union. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. By Brian Nearing Updated 07:11 a.m., Tuesday, March 27, 2012 ALBANY — Last spring, there was so much water from melting snow in the Adirondacks and elsewhere that reservoirs were full and spilling, the Hudson overflowed its banks and Lake Champlain was flooded for more than two months. What a difference a year makes. The winter's paltry snow is gone even from the highest mountain redoubts, about a month earlier than normal, resulting in billions fewer gallons of water than usual flowing into reservoirs in the Adirondacks and Catskills.

3. BWSP Update Topics Funding Regulation Update State Federal Program Implementation Training

4. Funding Drinking Water Enhancement Grant Executive Budget for FY 12 includes $5.3 Million Sending contract documents based on this budget Will not wait for final enacted budget If enacted budget doesn’t change...we and you save time. Legislature proposal has same $$ amount EHD’s to get contract documents Packages should be returned to Regions for approval Packages to be mailed first week of April

5. Regulations 10 NYCRR 5-1 Revisions Purpose for this round: Obtain primacy for 5 remaining federal rules Lead and Copper Minor Revisions Lead and Copper Short Term Revisions Long Term Enhanced Surface Water Treatment Rule, Phase 2 Disinfectants and Disinfection Byproducts Rule, Stage 2 Variances and Exemptions Rule

6. Regulations 10 NYCRR 5-1 Revisions Catch up with Public Health Law (PHL) amendments PHL § 1125 - Water Supply Emergency Plans PHL § 225 - Backflow tester certification Update & simplify Appendix 5-C - analytical methods This involves a major amount of revision General Part 5 “clean up” will not be included Very few areas where State discretion is available

7. Regulations Proposed Rulemaking: 75 and 75-C Amendments to Part 75 and New Appendix 75-C “Individual Onsite Water Supply Systems – Water Quality Standards”: Still with Governor’s office Unknown when it will be promulgated Decided to revert back to “Individual” (instead of “Residential”) in both 75 and 75-C (consistent technically and w/other regs)

8. Guidance OWTS Design Handbook – Revisions Finalized version to be released any day Will distribute electronically; will send complimentary paper copy to each LHD Plan to update more frequently in future Thanks to all who commented! DEC – 1988 Design Standards - Revisions Proposed revisions noticed 2/29/12 in ENB; comments due to DEC by 3/30/12 DEC hopes to finalize and release in 2012

9. Regulations Federal EPA Anticipated activities in 2012 Revisions to the Total Coliform Rule (rTCR) Eliminates monthly MCL Shift to a “find-and-fix” regulatory framework Water system assessments Final Rule summer (June?) 2012 Lead & Copper Rule Long-Term Revisions Revisions to address: Partial lead service line replacements, sample site selection, tap sampling, ensuring optimal corrosion control, education about copper Proposed Rule fall (October?) 2012

10. Regulations Federal EPA Unregulated Contaminant Monitoring Rule - UCMR3 – – 2011 proposed 28 chemicals for monitoring – – All systems >10,000 monitoring 2013 - 15 – – Proposal asked for comments on potential inclusion of Hexavalent Chromium (Cr-6) – – Final Action – any day now Upcoming - 2013 and beyond – – Regulation of Perchlorate – proposed rule early 2013 / final 2015 – – Group regulation of VOCs Proposed rule fall 2013 / final 2015

11. Federal Regulation Review EPA Retrospective Review of Regulations Consumer Confidence Reports – – a.k.a. Annual Water Quality Reports – – Options to enhance/streamline delivery of reports Electronic delivery – – Webinar held in February – stakeholder meeting fall 2012 Long-Term 2 Enhanced Surface Water Treatment Rule – – Improvements in Crypto analytical methods – – Uncovered finished water reservoirs health risks; strategies to control or remove contaminants; and potential assessment approaches

12. Implementation Stage 2 DBP Rule Schedule 1 systems must begin their Stage 2 Compliance Monitoring in the quarter starting April 1,2012. Systems with population >100,000 Schedule 2 systems must begin their Stage 2 Compliance Monitoring in the quarter starting October 1, 2012. Systems with population of 50,000 – 99,000

13. Implementation Stage 2 DBP Rule Once the system has collected four quarters of data they will calculate a LRAA at each sampling location to compare with the MCLs. Stage 2 also requires calculations for “Operational Evaluation Levels” (OELs) to project if a system will exceed the MCLs in the next quarter and enable a system to make operational changes to avoid violations. These calculations begin after the system has collected three quarters of data.

14. Implementation Water Supply Emergency Plans (i.e. VA/ERPs) Program Reminder: CWS >3300 pop served 5 year cycle frequency set by State Public Health Law (PHL) Previous cycle triggered by PHL amendment (due date Jan 2008) Next cycle of submittals due by January 2013 Update Info: Format – retain security protections for confidential documents Required Content – no changes from previous cycle Focus - contact and infrastructure information Two VA templates are being simplified and consolidated Reminder letter will be sent to affected CWS in June 2012 Review Process: LHDs to review and endorse, as before BWSP must retain final approval and document storage roles

15. Upcoming Fluoridation Activities DOH Bureau of Dental Health (BDH) initiative Promotional efforts tied to Medicaid Redesign Premised on fluoridation funding from MRT Details are limited at this time BDH contracted with NYRWA to assess candidate systems Site visits at PWS to estimate feasibility and costs BDH has asked for help to arrange contractor access Voluntary, but presumably funds will go to participating systems

16. Assessment Details Limited details at this time BDH has targeted 9 upstate systems for contractor visits, as a first phase – –Selection on multiple criteria: dental decay statistics, community size, location, % fluoridated in that county, etc. – –First nine visits are expected to occur by July 31, 2012

17. Training 2012 Small Water System Operator Training – – Water operators at small systems pop. <3,300 – – Last year for the EPA funded Operator Certification Expense Reimbursement Grant – – Topic “Small Water Systems Operations & Maintenance – – 14 locations throughout the State – – Posting of schedule by end of April SDWIS Groundwater “Bridge” Training – – Webinars to be announced

18. Small Water System Scoring Tool Environmental Health Specialist – network (EHS-Net) Water Cooperative Agreement with CDC Study of small groundwater systems serving less than 25 people and between 5 and 14 service connections (State-only regulated systems) Many LHD participated by providing information Tool was developed to assign a vulnerability score to small groundwater systems: Purpose of the tool is to: evaluate microbiological contamination in small groundwater systems; rank the systems based on this risk; establish priorities for field visits and sanitary surveys conducted in these systems in areas with very limited resources (time, personnel).

19. Small Water System Scoring Tool EHS-Net Water looking for volunteer county health departments that would be willing to participate for further testing and refinement of the scoring tool. The work would involve filling out a form and sending it to the BWSP Benefits and expectations: refine a tool that could help prioritize existing resources closer collaboration with BWSP Field memo requesting volunteer participation forthcoming

20. QUESTIONS ?