THE NEW SIGNIFICANT NON-COMPLIER LIST

Kelly Cobbs

Environmental Program Specialist

Drinking Water Program

1

Sustained Compliance: What It Means to Public Water System Owners and

OperatorsAnchorage, Alaska

September 23-24, 2010

2

HOW 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

Direct Link to SNC List Page

http://www.dec.state.ak.us/eh/dw/dwmain/SNC.htmIf 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.gov or Jeanine.Oakland@alaska.govCall: 907-269-7630 or 907-269-2007

Or contact your local DW Program office for a copy

3

OUTLINE 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

4

THE SIGNIFICANT NON COMPLIER LIST 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 listBe able to identify the new targeting efforts of the list

5

THE CURRENT SIGNIFICANT NON-COMPLIER LIST INFORMATION

What is the Significant Non Complier list?How is the list used?

6

WHAT IS THE SIGNIFICANT NON 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 Act’s significant non compliers.

7

WHO DECIDES THE SIGNIFICANT NON 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 DEC’s Drinking Water (DW) Program database, State Drinking Water Information System (SDWIS) /State.

8

HOW 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

DW tracks and sends data to EPA

DW verifies SNC data

SNC List

9

10

POSSIBLE RULE VIOLATIONS TO MEET SNC CRITERIA

• 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

CURRENT SNC RETURN TO COMPLIANCE (RTC) CRITERIA

• 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

HOW IS THE SNC LIST USED?

13

HOW THE PUBLIC CAN USE THE SNC LIST

Public health tool

Assess problems with their specific system

A tool to receive more funding

14

AGENCIES USING THE SNC

• Environmental Protection AgencyOffice of Ground Water and Drinking WaterOffice of Compliance and Enforcement Assurance

• Department of Environmental Conservation

Village Safe Water Program (VSW)Municipal Grants ProgramDrinking 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 UtilityEssential IndicatorsThe utility operator(s) are actively working towards necessary certification.The utility has a preventative maintenance plan developed for the existing sanitation facilities.Sustainable IndicatorsThe utility is not on the "Significant Non-Complier" (SNC) list. 

RUBA considers SNC status in community’s assessment!

16

HOW DO AGENCIES USE THIS TOOL?

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 usesthe 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 LocalCapacity Points!!!

18

YOUR SNC SCORE MATTERS!

Less Enforcement Actions.

Higher grant scores.

Funding opportunities for construction projects.

Possible funding opportunities for upgrading water utility systems.

Not on SNC list =

19

CURRENT CHANGES HAPPENING TO THE SNC LISTWhat are the changes? Timeline of changes

20

WHAT’S CHANGING?

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

TIMELINE OF CHANGES

22

THE FUTURE SIGNIFICANT NON COMPLIER (SNC) LIST

The Changes

Next Steps

23

THE CHANGES: 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

24

EPA’S ENFORCEMENT TRACKING TOOL

25

UNDERSTANDING THE NEW SNC

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

DIFFERENCE IN HOW THE SNC LISTIS 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 ENFORCEMENT TARGETING FORMULA

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)

SNC SCORE = (∑S) + n

28

FACTS 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!

29

WHAT DOES A SCORE 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 .

30

31

HOW TO READ THE NEW SNC LIST

SNC Score=(∑S) + n

Name of system, PWSID, System type, and Population

32

33

THE RULES AND POINT SYSTEM

•Total Coliform Rule• Surface Water • Nitrate• Chemical Rules (IOC, VOC, SOC, Arsenic)• Radionuclides (Rads)• Lead & Copper• CCR• Stage 1•Public Notice (PN)

34

THE POINTS

This table works like a multiplication table. Take the oldest open violation and add the

years to the total. Acute violations = more points

35

EPA’S SEVERITY VALUES

Point Values Violations

10 pointsRULES: Total Coliform/Nitrate/Surface WaterAcute violation, Nitrate Maximum Contaminant Level (MCLs), Acute Maximum Residual Disinfectant Level (MRDL), TCR Acute , Turbidity Treatment Technique (TT), Surface Water TT.

5 pointsRules: Most Rules except PN, CCROther health-based violation (MCL, MRDL, TT) Also, TCR Monitoring/Reporting Repeats and Nitrate MRs

1 pointsRules: All RulesMonitoring/reporting violation, or any other violation. i.e. PN, CCR

36

37

38

39

WHAT’S MY SCORE??? A Water System has a

SNC Score= 23

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

NEW RTC CRITERIA

• 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

CHANGES IN TOTAL COLIFORM AND SURFACE WATER RTC CRITERIA

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

CHANGES IN STAGE 1 RTC CRITERIA

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 CRITERIA FOR CHEMICAL & RADIOLOGICAL SNCS

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

CurrentRTC CRITERIA

FUTURE RTC CRITERIA

VOLATILE ORGANIC COMPOUNDS (VOC)INORGANIC COMPOUNDS (IOC)SYNTHETIC ORGANIC COMPOUNDS (SOC)

ARSENICNITRATELEAD/COPPER (Pb/Cu)RADIONUCLIDES

44

45

INFORMATION TO GATHER FROM LIST

General Status Comments: • Defines a system’s 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 1st and 2nd quarters of 2010.

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.

48

THE CHANGES: 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

49

EMPHASIS ON RETURN TO COMPLIANCE

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 Policy Future Policy

50

ON 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.

51

ON THE PATH TO COMPLIANCE

*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

THE CHANGES: 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

53

DEFINITION 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.

TWO CALENDAR

QUARTERS FOR

ENFORCEMENT

ACTIONS!

54

NEXT STEPS

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

SUMMARY

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 system’s responsibilities. Check Contact Verify Act

56

57

HOW 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

Direct Link to SNC List Page

http://www.dec.state.ak.us/eh/dw/dwmain/SNC.htmIf 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.gov or Jeanine.Oakland@alaska.govCall: 907-269-7630 or 907-269-2007

Or contact your local DW Program office for a copy