Implementing the Arsenic Rule

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Implementing the Arsenic Rule

• May 23, 2006
• Bill Goss
• DHS Drinking Water Program

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Revised MCL

• The new MCL of 0.010 mg/L or 10 ppb became
  effective Jan. 23, 2006.
• The new MCL applies to Community and NonTransient
  NonCommunity public water systems.

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Sampling Requirements

• All Community and NTNC systems must sample during
  the 2005-2007 compliance period
• For GW systems, one sample per entry point is to
  be collected for the 2005-2007 compliance period

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Sampling and Compliance for GW systems

• If a sample was collected between Jan. 1, 2005
  and Jan. 22, 2006, samples collected in 2008-2010
  will determine compliance.
• If a sample was collected after Jan. 23, 2006 and
  is over the new MCL of 10 ppb, the PWS must
  collect a confirmation sample and start quarterly
  monitoring.

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When is a system in violation?

• After the running annual average (RAA) over four
  quarters is gt MCL, or if one sample would put the
  RAA over the new MCL (42 ppm)
• If no quarterly results are available, use the
  average of available results.
• Violations are issued by the DWP.

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Alerts

• A water quality alert will be generated if a
  sample result exceeds the new MCL.
• The system will be required to begin quarterly
  monitoring.

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Public Notice

• An MCL violation requires a Tier 2 notice
  distribute within 30 days of the violation.
• May require publication in local newspaper.
• Special language must be included in the Consumer
  Confidence Report if Arsenic is between 5 and 10
  ppb, stronger language if over 10 ppb.

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When will a system become a Significant
Non-Complier?

• A system will become an MCL SNC if the running
  annual average for Arsenic exceeds the
  unreasonable risk to health value of 2 x MCL or
  0.020 mg/L.
• SNCs may require an Administrative Order if they
  fail to take action to come into compliance.

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Investigate Systems on a Case by Case Basis

• Review historic data
• Is the source high in Arsenic still in use?
• Has a source been designated as an emergency
  source?
• Has the system changed the entry point
  configuration to blend sources?
• Has treatment been installed?

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Systems should take action sooner rather than
later!

• Begin dialogue with systems management regarding
  plans and options.
• Systems that make little or no effort to address
  the issue should receive an informal enforcement
  letter and a draft compliance schedule.

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Transient Systems

• The new MCL does not apply since long-term
  exposure is required.
• Those people who may have long-term exposure to
  drinking water above the MCL should at least be
  advised of the health risk.

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Plan Review

• Systems must go through the DWP plan review
  process before installing treatment, drilling a
  new well, or blending existing sources.
• Note that the plan review fees have increased.

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Schools are Important!
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Waivers

• Systems will be eligible to reduce monitoring to
  once every three years if three rounds have been
  collected using correct lab methods with results
  to three decimal places.
• Review eligibility when conducting sanitary
  surveys.

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Resources

• EPA Arsenic website http//www.epa.gov/safewater/a
  rsenic/index.html
• EPA Learning Portal http//www.arsenictradeshow.
  org
• EPA Simple Tool for Effective Performance (STEP)
  guide http//www.epa.gov/safewater/arsenic/pdfs/a
  rs_final_app_f.pdf

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Resources

• Consulting Engineers
• Product Vendors
• Drinking Water Program staff

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Questions?