Total Coliform Rule Revisions Small Entity Outreach Meeting

1
Total Coliform Rule RevisionsSmall Entity
Outreach Meeting

• November 1, 2007

2
Agenda

• Introduction to the 1989 Total Coliform Rule
  (TCR)
• Regulatory History
• Applicable Small Entity Definitions
• Small Entities Potentially Subject to Regulation
• Drivers for the TCR Revisions
• Key Activities to Date
• Available Data Sources Under Review
• Small System Regulatory Relief in the Existing
  TCR
• Options Under Consideration
• List of Potential Small Entity Representatives

3
The 1989 Total Coliform Rule (TCR)

• Purpose (as stated in the 1987 proposed rule)
• To evaluate the effectiveness of treatment
• Determine integrity of the distribution system
• Signal the possible presence of fecal
  contamination

4
TCR Components

• Written Sample Siting Plans
• Routine and Repeat Total Coliform (TC) sampling
• Sampling frequency based on system size
• Monthly Maximum Contaminant Level (MCL) Based on
  number of TC () results
• Acute MCL Testing for Fecal Coliforms (FC)
  (Thermotolerant Coliforms) or E. coli (EC)
• Sanitary Surveys for Systems Taking Fewer Than 5
  Samples Per Month
• Public Notification

5
TCR Applies to all Public Water Systems

• Public water system means a system for the
  provision to the public of water for human
  consumption through pipes or, after August 5,
  1998, other constructed conveyances, if such
  system has at least fifteen service connections
  or regularly serves an average of at least
  twenty-five individuals daily at least 60 days
  out of the year. Such term includes any
  collection, treatment, storage, and distribution
  facilities under control of the operator of such
  system and used primarily in connection with such
  system and any collection or pretreatment
  storage facilities not under such control which
  are used primarily in connection with such
  system. Such term does not include any special
  irrigation district.'' A public water system is
  either a community water system'' or a
  noncommunity water system.''

6
Public Water Systems (PWSs) Regulated by the TCR

• Community Water System (CWS) means a public water
  system which serves at least 15 service
  connections used by year-round residents or
  regularly serves at least 25 year-round residents
• Ex towns and cities, universities, etc. with
  their own water systems for residents
• Non-community Water System (NCWS) means a public
  water system that is not a community water
  system. A non-community water system is either a
  transient non-community water system or a
  non-transient non-community water system.
• Ex schools, factories, restaurants, parks with
  their own water systems

7
TCR Routine Monitoring

• Representative sites subject to state review and
  revision
• Regular time intervals for systems gt 4,900 people
  except
• Systems using only groundwater with lt 4,900 may
  collect all samples on a single day if they are
  taken from different sites
• Sampling frequency based on population served and
  system type
• For Community Water Systems 1- 480 samples per
  month depending on size
• For noncommunity water systems using surface
  water or ground water under the direct influence
  of surface water, same as for community water
  systems
• For noncommunity water systems using ground water
  and serving gt1000 people same as for community
  water systems
• For noncommunity water systems using ground water
  and serving 1000 people or less quarterly
  sampling, can be reduced to annual

8
Minimum number of samples to be collected each
month
9
Criteria for Reduced Routine Sampling

• States can reduce community water system
  monitoring to quarterly if
• the system serves 25-1000 people and has no
  history of total coliform contamination in its
  current configuration AND
• a sanitary survey conducted in the past five
  years shows that the system is supplied solely by
  a protected ground water source and is free of
  sanitary defects
• States can reduce noncommunity water system
  monitoring to annual if
• the system uses ground water, serves 1000 people
  or fewer, and a sanitary survey shows that the
  system is free of sanitary defects

10
Criteria for Increased Routine Sampling

• Systems collecting fewer than 5 routine samples
  per month and having one or more total coliform
  positive samples in one month must collect at
  least 5 routine samples during the next month
  unless
• State performs a site visit and determines that
  additional sampling and or correction is not
  needed or
• State determines why the total coliform sample
  was positive and establishes that the system has
  corrected or will correct the problem

11
TCR Repeat Monitoring

• The original routine sample must be tested for EC
  or FC
• Within 24 hours of learning of a total
  coliform-positive ROUTINE sample, at least 3
  REPEAT samples must be collected and tested for
  TC
• One REPEAT from original tap
• One REPEAT within 5 service connections upstream
• One REPEAT within 5 service connections
  downstream
• If the total coliform-positive sample occurs at
  the end of the distribution system, the State may
  waive the /- 5 service connection requirement
  and take repeat samples from the same tap

12
TCR Repeat Monitoring (contd.)

• Systems that collect 1 ROUTINE per month must
  collect a 4th REPEAT sample
• If any REPEAT sample is total coliform-positive
• Must test the total coliform-positive sample for
  either E. coli or fecal coliforms
• Must collect another set of REPEAT samples unless
  the MCL has already been violated and the system
  has notified the state
• Systems with one service tap may collect repeat
  samples over 4 days or collect a larger repeat
  sample volume (at least 300 or 400mL, depending
  on routine monitoring frequency)

13
Compliance

• The results of all ROUTINE and REPEAT samples are
  used to calculate compliance
• Determined each month a system serves water to
  the public or each month that sampling occurs
  (for those systems on reduced monitoring)
• Special purpose samples (e.g. samples taken
  before repaired lines are put back in service)
  are not to be used in determining compliance

14
Role of Routine and Repeat Monitoring in TCR
Compliance Determination
15
Public Notification and Reporting

• Monthly MCL violation (TC samples only)
• Notify the State by end of next business day
  after the PWS learns of the violation
• Notify the public within 30 days by mail (CWS) or
  posting (NCWS)
• Acute MCL Violation a repeat sample that is
  FC/EC (), or a repeat sample is TC() following
  a FC/EC () routine sample
• Notify the State by the end of the day the PWS is
  notified of the result
• Notify the public within 24 hours (via broadcast,
  posting, and/or hand delivery)
• FC/EC () sample
• Notify the state by the end of the day when a PWS
  is notified of a FC/EC () sample
• Monitoring violations
• Notify the State within 10 days after discovering
  the violation
• Notify the public within one year (mail, posting
  or annual report)

16
Regulatory History

• 1974 SDWA
• resulted in EPA turning USPHS standards for total
  coliforms into 1975 Interim Standards
• Indicator of fecal contamination of the public
  water supply
• 1986 SDWA Amendments
• Established schedule and deadline for
  contaminants to be regulated, including total
  coliforms
• 1989 TCR
• Set MCL for coliforms
• Total coliforms, fecal coliforms, E. coli

17
SDWA Rules Related to TCR
These requirements continue to balance potential
microbial and disinfection byproduct risks
18
How the TCR Objectives are Addressed

• For small systems, sanitary surveys can replace
  some TC monitoring.
• The degree to which the objectives are met is
  uncertain.

19
Sanitary Surveys - Applicability, Frequency
Deficiency Response
20
8 Minimum Sanitary Survey Elements

• Monitoring, reporting data verification
• System management and operation
• Operator compliance with state requirements
• Source
• Treatment
• Pumps, pump facilities controls
• Finished water storage
• Distribution system

21
Depth of the Sanitary Survey Evaluation

• Varies by State
• Driven by the complexity of PWS facilities and
  components
• Often addressed by coordination of Drinking Water
  Programs
• Monitoring Plans - Including TCR Sample Siting
  Plans
• Cross Connection Control Program, if existing
• Training
• Security
• Capacity Development
• Source Protection Review (SWAP WHPP)

22
Applicable Small System Definitions

• For the context of the SBREFA impact assessment,
  a small water system is any system that serves
  less than or equal to 10,000 persons
• Community water systems (CWS)
• Transient non-community water system (TNCWS)
  means a non-community water system that does not
  regularly serve at least 25 of the same persons
  over six months per year.
• Ex restaurants, parks, etc., with their own
  water systems
• Non-Transient Non-community Water System (NTNCWS)
  means a public water system that is not a
  community water system and that regularly serves
  at least 25 of the same persons over six months
  per year.
• Ex schools, factories, etc., with their own
  water systems

23
Community Water System

• (municipality, public service authority,
  wholesale water provider)

Industrial Customers
Consecutive System
Legend
Distribution main
Transmission main
Groundwater well
Water treatment plant
Each structure contains interior plumbing for
drinking, wastewater, and fire suppression.
Individual buildings may use water for special
purposes. Some of these uses may be high risk
facilities and require backflow prevention
assemblies. Many also contain service lines
which may be outside of the utility jurisdiction.
Water storage
Pumps
Valves
Booster disinfection
Pressure zone boundary
24
Transient Noncommunity WS

• (gas station, restaurant, highway rest area)

Example Basic Highway Rest Area (A TNCWS can be
a single structure or even no structure at all
the key requirement is the number of individuals
consuming water from the source.)
Well with Hydropneumatic Tank
Restrooms
Structure(s) contain interior plumbing for
drinking, wastewater, and fire suppression.
Individual buildings may use water for special
purposes, such as cooking in a restaurant. Some
of these uses may require backflow prevention
assemblies.
Water Fountain
Decorative Water Feature
Photos courtesy of Michigan DOH.
25
Non-Transient Noncommunity WS

• (factory, church, school)

Example Simplified School Campus (A NTNCWS can
be a single structure the key requirement is
the number of individuals consuming water from
the source.)
Restrooms / Concession
Well with Hydropneumatic Tank
Athletic Field
Property Boundary
Maintenance Building
Gym
Classroom Building
Each structure contains interior plumbing for
drinking, wastewater, and fire suppression.
Individual buildings may use water for special
purposes heating, cooking, laboratories,
maintenance activities. Some of these uses may
require backflow prevention assemblies.
Administration Building
26
Small Entities Potentially Subject to Regulation
27
Drivers for the TCR Revisions

• Six-Year Review
• EPA is required to review and revise, as
  appropriate, each National Primary Drinking Water
  Regulation no less often than every 6 years
• July 2003 EPA determined that it was appropriate
  to revise the TCR
• Implementation issues concerning sampling
  locations and frequency, and response to
  violations and TC() samples, are the primary
  reasons for the decision.
• Findings also included concerns about the basis
  of the MCL.
• Will consider only those revisions that will
  assure public health protection (the net effect
  of the rule must be to maintain or improve public
  health protection).

28
Drivers for the TCR Revisions (contd.)

• M/DBP FACA Agreement in Principle (2000)
• The Advisory Committee recommended that
• as part of the 6-year review of the Total
  Coliform Rule, EPA should evaluate available data
  and research on aspects of distribution systems
  that may create risks to public health and,
  working with stakeholders, initiate a process for
  addressing cross connection control and backflow
  prevention requirements and consider additional
  distribution system requirements related to
  significant health risks.

29
Drivers for the TCR Revisions (contd.)

• Stakeholder comments suggested re-assessment of
  the public notification, monitoring, and
  potential follow-up or corrective action
  strategies
• Addressing TCR revision and DS issues together
  may result in more holistic approach to managing
  water quality

30
Key Activities to Date

• Summarized available data, research, and
  information on distribution system and TCR issues
• 9 papers summarizing DS issues
• 10 papers summarizing TCR issues
• http//www.epa.gov/safewater/disinfection/tcr/regu
  lation_revisions.html
• NAS Report - ranks risks and recommends
  strategies for reducing distribution system risks
  (2006)
• Distribution System Exposure Assessment Workshop
  to identify approaches for quantifying exposure
  to distribution system contamination (2004)
• A Federal Advisory Committee is convened from
  July 2007 to Summer 2008.

31
Scope of the TCRDS Advisory Committee

• The TCRDSAC will advise and make
  recommendations to the Agency on revisions to the
  Total Coliform Rule (TCR), and on what
  information about distribution systems is needed
  to better understand the public health impact
  from the degradation of drinking water quality in
  distribution systems. The Committees activities
  will include efforts to utilize available
  information for revisions to the TCR and to
  address public heath risks from contamination of
  distribution systems by determining what further
  information is needed to characterize and address
  those public health risks.
• The major objectives will be to provide advice
  on and recommendations on
• a. How the Agency should revise the TCR while
  maintaining or improving public health
  protection.
• b. What data should be collected, research
  conducted, and/or risk management strategies
  evaluated to better inform distribution system
  contaminant occurrence and associated public
  health risks.
• For more information about the Advisory
  Committee, see http//www.epa.gov/safewater/disin
  fection/tcr/regulation_revisions_tcrdsac.html

32
Available Data Sources Under Review

• Safe Drinking Water Information System Federal
  System (SDWIS/Fed)
• Inventory and violation data sent by States to
  EPA
• Data Verification Information (Data and Reports)
• Verification of violation data in State records
  versus that reported by States to SDWIS
• ASDWA TCR and Distribution System (DS) Survey
  regarding State DS control practices
• State TCR and DS Requirements - from State
  internet sites
• TCR and DS issue papers on EPA website
• Public Health Data (CDC)
• Community Water System Survey and distribution
  system studies

33
Small System Regulatory Relief in the Existing
TCR

• Fewer samples per month for smaller systems
• NCWSs can provide public notice via postings
• CWS MR violation PN can be in the annual
  report
• Sample frequency can be reduced by the State
• Repeat samples can be waived by the State
• Systems with one tap can take one large-volume
  repeat sample

34
Options Under Consideration

• No changes
• Assess the Monitoring Strategy and consider the
  following
• Sample frequency and timing
• Should frequency of routine and repeat monitoring
  vary according to differences between system
  types (such as for CWSs and NCWSs)
• Should the rule continue to allow reduced
  monitoring and should there be circumstances that
  require increased monitoring?
• Should additional routine sample collection
  requirements for the month after a TC () be
  amended?
• Should detailed repeat sampling requirements
  remain in the TCR or can more flexibility be
  allowed as along as the source of the
  contamination has been identified?
• To what extent is the time necessary to collect
  repeat samples an issue?

35
Options Under Consideration (contd.)

• Assess the Monitoring Strategy (contd)
• Sample location
• Should sample siting plans be reviewed and/or
  approved by the State?
• Should there be bases specified for sample
  locations selected (such as geographical
  representation, population, demand, model based,
  or other)?
• Methods
• Should there be more or less flexibility
  regarding State determination of which analytical
  methods to allow for measurement of TC and E.
  coli?
• Now that fecal coliform is now referred to as
  thermotolerant coliforms, is it still an
  appropriate indicator organism for the TCR?

36
Options Under Consideration (contd.)

• Violations, Public Notification (PN) and
  Follow-up Actions
• Should revisions to the TCR include appropriate
  follow-up requirements as a way to improve public
  health protection?
• What, if any, triggers should be used to engage
  corrective actions?
• Depending on the circumstances, what follow-up
  actions should be required (storage tank
  disinfection, flushing, increase in total
  chlorine residual, etc.)?
• Should total coliforms be retained as the basis
  for the MCLs? Should the MCL be based only on E.
  coli?
• Should states have the ability to make allowances
  for certain systems or situations based on the
  feasibility of compliance with monitoring and
  reporting requirements?
• Distribution system operation and evaluation
  requirements
• Should the distribution system components of the
  sanitary survey provisions be made more specific?
• Should cross-connection control requirements be
  added?

37
Questions for the SERsFor all questions, you
may reply based on your own experience, or on the
experience of other small water systems if you
identify which systems you are describing.
Please explain the basis for all of your
opinions, and provide the underlying data, where
appropriate.

• Sampling requirements and costs
• How often do you collect routine and repeat
  samples for the TCR?
• What is the cost of the analysis per sample
  (laboratory and labor)?
• Do you ever have problems accessing your routine
  or repeat sampling sites? How often? Under what
  circumstances?
• Should EPA allow dedicated sampling locations?
• Have you experienced problems with transporting
  samples in a timely manner?
• How would you modify the routine or repeat
  sampling requirements, or should they remain
  unchanged?

38
Questions for the SERs

• MCL Violations and Public Notification
• How often have you had monthly and/or acute MCL
  violations?
• How often have you had to provide public
  notification under the TCR requirements?
• How, specifically, did you provide notification?
• What was the cost of providing that notice (for
  example, costs for publication, media, mailings,
  labor, etc.)
• How would you modify the PN requirements, or
  should they remain unchanged?
• Have you had to issue a boil water notice in
  response to TCR sampling? What was the cost?

39
Questions for the SERs (contd.)

• Diagnostic, follow-up and corrective action
• Historically, what have been the causes of your
  TC results?
• What actions did you take to determine the
  problem (equipment checks, customer or employee
  interviews, record review, additional sampling,
  etc.)? To what extent were these actions
  required/ overseen by the State?
• What follow-up or corrective actions do you take
  when you have a TC sample (flushing, equipment
  repair, etc?) To what extent are these actions
  required/overseen by the State? Did these
  follow-up actions eliminate the problem? Please
  describe.
• What is the average time and cost that you devote
  to each response?

40
Questions for the SERs (contd.)

• Diagnostic, follow-up and corrective action
  (contd)
• Other than PN How have you responded to acute MCL
  violations (fecal or e coli positive results)?
  To what extent was response required/ overseen by
  the State? What did response cost?
• Sanitary Surveys
• How often do you or the State conduct sanitary
  surveys? Do you think this is an appropriate
  frequency?
• Who pays for the sanitary survey for your system,
  you or the state? If you pay, what is the cost?
• What significant deficiencies have been
  identified by sanitary surveys? How have they
  been addressed? What were the costs to address
  them? What are the States requirements
  regarding corrective action?
• How would you modify the sanitary survey
  requirements, or should they remain unchanged?

41
Questions for the SERs (contd.)

• Non-community water systems
• Other than TCR monitoring, what actions do you
  take to assess and manage the microbial quality
  of the water you serve?
• Is your water system evaluated by any other
  agency program, such as county food protection
  programs? Explain.
• Other
• What problems or issues have you had in
  implementing the TCR at your system?
• What improvements would you like to see in the
  rule?
• What requirements should be tailored specifically
  to small systems?

42
List of Potential Small Entity RepresentativesA
ttached