NYS Conference of Environmental Health Directors NYS Conference of Environmental Health Directors Spring 2012 MeetingSpring 2012 Meeting

Bureau of Water Supply Protection

Bureau and Regulatory Updates

Roger C. Sokol, Ph.D.DirectorCraig Jackson, M.S., P.E.Assistant Director

Freakish winter leaves reservoirs thirstySpring rains needed to bring reservoir levels to normalBrian Nearin, Times Union Copyright 2012 Times Union. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. By Brian NearingUpdated 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.

BWSP Update Topics

• Funding

• Regulation Update• State• Federal

• Program Implementation

• Training

FundingDrinking 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

Regulations10 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

Regulations10 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

RegulationsRegulations

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)

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

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

RegulationsFederal 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

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

ImplementationImplementationStage 2 DBP RuleStage 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

ImplementationStage 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.

ImplementationWater Supply Emergency Plans (i.e. VA/ERPs)

Program Reminder: CWS >3300 pop served5 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 documentsRequired Content – no changes from previous cycleFocus - contact and infrastructure informationTwo 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 beforeBWSP must retain final approval and document storage roles

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 timeBDH 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

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

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

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).

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

QUESTIONS ?