Hello everyone,
The 2020s promise to be a decade of substantial changes to the federal Safe Drinking Water Act. I believe that these will be the most significant and intense set of regulatory changes we have experienced since the 2000s. At the federal level, the changes in the 2010s were primarily related to the Revised Total Coliform Rule. Colorado was well-positioned for this rule due to our disinfection practices that predated the Safe Drinking Water Act, and then were further updated by 2016. So, look for an upcoming article summarizing the Upcoming Regulatory Changes in the 2020s, one of which - the Lead and Copper Rule Revisions is already in process. In the meantime, I hope you enjoy reminiscing about how much progress we have made since this article ran more than 20 years ago. For me, it is difficult to conceive of the Safe Drinking Water Act without the revised Public Notification Rule in particular. What’s your favorite? Can you tell how these planned changes actually transpired or did not happen at all? Thank you.
➽ Ron Falco, P.E. Safe Drinking Water Program Manager
Upcoming Regulatory Changes - Originally published December 2000
Sandra McDonald Compliance Monitoring and Data Management Unit Manager
EPA is promulgating new drinking water rules in response to the statutory requirements of the Safe Drinking Water Amendments of 1996. The breadth of these rules will change the way the drinking water community does business and the sheer number of new rules make it difficult to stay informed. The Colorado Water Quality Control Division (WQCD) is working hard to be able to provide you with information regarding these rules. This newsletter is one avenue. However, the summaries here are very brief. Some new products being developed by the WQCD will help keep you informed. Additional information will be forthcoming as these initiatives are developed.
As rules are finalized, the department will provide you with additional notification, either through a web site or through the mail. A general summary of upcoming regulatory changes that can be anticipated for the new drinking water rules is provided below. Call (303) 692-3500 with specific questions. In addition, the Safe Drinking Water Hotline is a good source of information at (800) 426-4791.
Arsenic Rule:
The Proposed Rule for Arsenic was published on June 22, 2000. The EPA has proposed that the current arsenic maximum contaminant level (MCL) be reduced from 50 µg/1 (parts per billion - ppb) to 5 µg/1. In Colorado approximately 85 to 100 systems may be affected by this proposed reduction in the MCL. EPA's deadline for promulgation of the final rule was extended to June 22, 2001. It is not certain whether the new MCL will be relaxed once the final rule is promulgated. However, there has been a vast outcry from the western U.S. based upon the cost of treating to the 5 µg/1 level.
Public Notification Rule:
On May 4, 2000, the Public Notification Rule became final. This rule changes the language that is used to notify the public of violations of the Safe Drinking Water Act. The rule also allows monitoring violations to be recorded in the annual Consumer Confidence Report rather than the normal delayed notification currently required. Colorado anticipates delegation of this rule within the next year.
Radionuclide Rule:
The Radionuclide Regulation is being revised to set a MCL for uranium as required by the 1986 amendments to the Safe Drinking Water Act. The current MCL's are combined radium 226/228 of 5 pCI/1; a combined standard of 4 millirems for beta emitters; and a gross alpha standard for all alphas of 15 pCi/1, not including radon and uranium. The Radionuclide Rule adds uranium to the list of radioactive parameters being monitored. The uranium MCL is 30 pCi/1 and monitoring will begin in 2002.
Sulfate Rule:
A decision on whether to regulate sulfate is expected in August 2001, with a proposed rule not expected until August 2003.
Ground Water Rule:
On May 10, 2000, the proposed Ground Water Rule was published. As proposed, the Ground Water Rule will specify when corrective action (including disinfection) is required to protect consumers from bacteria and viruses. Some of the major elements of this rule would include the requirement that groundwater systems certify that the water is disinfected to a level resulting in 4-log (99.99%) removal of viruses. If the system cannot provide this certification, then all sources must be sampled on a regular basis for coliform and viruses. All systems would be required to conduct and report their daily chlorine residuals on a monthly basis. Any sample results indicating the presence of total coliform would trigger a variety of sampling requirements, including monitoring of a source or additional studies to assure that sources are not contaminated. The final rule is expected in June 2001.
Disinfection/Disinfection By-Products Rule:
On December 16, 1998, the final Disinfection/Disinfection By-Products Rule was published. Colorado is working to receive delegation of this rule, and is developing Implementation Guides for water systems. Essentially, this rule requires large and small systems to sample for total trihalomethanes (TTHMs), five haloacetic acids (HAA5s), and total organic compounds. The MCL for TTHMs was reduced from 100 µg/1 to 80 µg/1. In addition, a 60 µg/1 MCL is established for HAA5s. Large systems serving surface water to more than 10,000 people will begin monitoring in January 2002. All other community systems, both surface and groundwater, will begin monitoring in January 2004. It is suggested that systems conduct this analysis prior to the regulatory requirement being imposed so that any potential operational changes might be made prior to the regulatory monitoring being required.
Enhanced Surface Water Treatment Rule:
The Long-Term Enhanced Surface Water Treatment Rule affects water systems serving less than 10,000 people, but requires the same level of compliance. The Long-Term Rule was proposed on April 10, 2000.
According to the proposed rule, all surface water systems serving less than 10,000 people will be required to monitor for TTHM and HAAS in the warmest month of the year sometime prior to January 7, 2003, and meet levels less than 80% of the proposed standard, or conduct disinfection profiling for giardia. Once this rule is finalized, more information will be provided.
Radon Rule:
Radon is a radionuclide that was not included in the previously mentioned Radionuclide Rule, but instead has its own rule. The rule is still not final. Much of the delay has been a result of attempts to find the most inexpensive method to reduce the health risks associated with the presence of radon in public water systems. It turns out that most of the health risk associated with the presence of radon in drinking water results from the vaporization of the radon when water is being used for general purposes such as washing and showering, and its subsequent inhalation by consumers. However, radon is also present in the air of certain homes at levels considerably above the levels that result from the presence of radon in drinking water alone. It also turns out that it is generally much less expensive to treat the air in a home to reduce the concentration of radon than it is to treat the water. Accordingly, the regulatory scheme allows a state to have a higher allowable concentration of radon in the drinking water (i.e., 4,000 pCi/1) if the state has an approved indoor air radon program than if it does not have an approved indoor air radon program. In the event that the EPA does not approve Colorado's program, the MCL for radon could be 300 pCi/1, which would place approximately 85% of the drinking water systems in Colorado in noncompliance. The final rule is expected in December 2000.
Unregulated Contaminant Monitoring Rule:
The Unregulated Contaminant Monitoring Rule has become final and is to be directly implemented by EPA. Several systems have been notified that they are required to participate in the unregulated contaminant monitoring. All systems that serve water to more than 10,000 people will be monitoring for the unregulated contaminants. Ten of Colorado's small and medium-sized systems have also been selected for this monitoring. For these small and medium-sized systems, the state will conduct the sampling and EPA will pay for the sample bottles, shipment, and analysis costs. The state will receive the sample results of the unregulated contaminants, especially with chemicals such as methyl tertiary-butyl ether (MTBE).
