CA Drinking Water Program Regulatory Update

2017 SFPUC Annual Water Quality & Technology Workshop November 8, 2017

Stefan Cajina, P.E., Chief

North Coastal Section

Marco Pacheco, P.E., District Engineer San Francisco District

Northern California Field Operations Branch

SWRCB – Division of Drinking Water

1. Priority Regulations 2. 1,2,3-TCP Maximum Contaminant Level (MCL)

3. Hexavalent Chromium MCL Removal

4. Lead and Copper – Recent Developments

5. Revised Total Coliform Rule

6. Perchlorate MCL Revision

7. Potable Reuse of Recycled Water

8. Harmful Algal Blooms

9. ELAP Regulations

10. Cross-Connection Control regulations

Presentation Outline

2

1. 1,2,3-TCP MCL – Adopted by Board 7/18/2017 2. Surface Water Augmentation with Recycled Water –

Public Comment Period Ended 9/12/2017 3. Revised Total Coliform Rule 4. Lead and Copper Rule Revisions 5. Annual MCL Review – Perchlorate 6. Cross-Connection Control 7. Environmental Laboratory Accreditation Program –

Draft regulations available 8. POU/POE Permanent Regulation – 1/1/2018 (statutory

deadline) 3

Priority Regulations - Drinking Water

1,2,3-TCP Maximum Contaminant Level (1,2,3-Trichloropropane)

• Synthetic organic chemical (SOC) – Industrial solvent, degreaser – Ingredient in soil fumigants widely used for many

decades • Public Health Goal (PHG) established 2009

– 0.7 ppt (parts per trillion) – Possible carcinogen

• MCL adopted by Board on July 18, 2017 – 5 ppt (DLR also 5 ppt)

• GAC is a best available technology

4

1,2,3-TCP Maximum Contaminant Level • Expecting effective date before end of 2017 • Initial monitoring period begins January 1, 2018

– 4 quarterly samples • Compliance determination

– For PWS serving >3,300 population, compliance based on initial, confirmation sample(s), and 6 monthly samples

– For PWS serving <3,300 population, compliance based annual average of initial, confirmation sample(s), and quarterly samples

• Grandfathering of previous monitoring – Results collected within two calendar years of effective date – Substituted for same quarter of initial period

• 2nd quarter 2016 for 2nd quarter 2018 – Only substitute 3 of 4 required initial samples – Request must be in writing to DDW

5

1,2,3-TCP Maximum Contaminant Level

• 2001-2015 Occurrence Data: – 471 wells with confirmed detections above 5 parts

per trillion (ppt) – Range of Detections: 5 ppt to >10,000 ppt

• Vast majority of detections in groundwater – Most in Central Valley (Kern, Fresno, Tulare counties) – Riverside – 25 sources – San Bernardino - 31 sources – Los Angeles – 58 sources

6

Occurrence of 1,2,3-TCP

• Picture of map w/dots?

1,2,3-TCP Occurrence Data

County # of

known sources

County # of

known sources

BUTTE 1 SAN BERNARDINO 31

FRESNO 90 SAN DIEGO 6

KERN 117 SAN JOAQUIN 20

LOS ANGELES 58 SAN LUIS OBISPO 3

MADERA 2 SAN MATEO 7

MENDOCINO 1 SANTA CLARA 1

MERCED 31 SANTA CRUZ 3

MONO 1 SOLANO 1

MONTEREY 4 STANISLAUS 19

RIVERSIDE 25 TULARE 49

SACRAMENTO 1

7

Hexavalent Chromium (Cr 6)

• July 1, 2014, CA adopted a state MCL of 10 µg/L for Cr6 • May 31, 2017, the Superior Court of Sacramento

County invalidated the Cr 6 MCL stating the regulator did not adequately document the economic feasibility of complying with the MCL

• August 1, 2017 the State Board adopted a resolution to remove the current Cr 6 MCL, and filed request with the Office of Administrative Law for reg removal

• Cr6 MCL reg text was removed from Title 22 on September 11, 2017

• State Board is actively working on revised reg package

8

Lead and Copper Rule – DDW Recommendations

• March 7, 2016, DDW issued a letter to all community and nontransient noncommunity water systems

• Recommendations on improving public access to Lead and Copper Rule (LCR) information

• Reminder to provide sample results to those participating in LCR tap sampling:

– w/in 30 days of receiving the results from lab, and; – w/in 1-2 working days if lead and/or copper levels over the respective action levels are found

http://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/leadandcopperrule.shtml

9

Lead in Drinking Water

• U.S. EPA is working to issue a Revised Federal Lead & Copper Rule

• EPA Resources on its Web Site – Basic Information about Lead in Drinking Water – Lead and Copper Rule Revision White Paper October, 2016 – Lead in Drinking Water at Schools and Child Care Facilities – 3Ts for Reducing Lead in Drinking Water in Schools

• State Board priority regulation • NEW Electronic submittal of lead and copper tap

sample results using Lab to State Portal – Training for laboratories provided on June 20, 2017, check with your certified lab – August 23, 2017 webinar for water systems

10

Lead Sampling in Schools • Meetings with the Governors office and Department of

Education throughout 2016 resulted in the decision for DDW to issue amended permits to all community water systems who serve a K-12 school

• Permits require water systems to sample at school (5 sample sites) when a school official makes a request in writing to the water system for sampling assistance

• Permits issued January 17, 2017 along with a media release and resources on the DDW website (FAQs, details of sampling procedures, lab data submittals)

http://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/leadsamplinginschools.shtml

11

Lead Sampling in Schools

• Schools can request sampling assistance anytime prior to November 1, 2019.

• As of October 19, 2017, a total of 1,755 schools have provided a copy of their request letter to the Division, and 1,169 schools have submitted results

• Schools will be responsible for corrective actions (removing/replacing drinking fountains, POU devices, etc.)

• Drinking Water for Schools Grant Program – $9.5 M available, serving small DACs

12

School Requests and Results Received

13

Lead Sampling of DW in CA Schools AB 746

• AB 746 was signed on October 13, 2017 • Added Section 116277 to H&S Code (1/1/2018) • Similar requirements to DDW permit • Requires CWS to sample all “Local Educational

Agencies” defined as school district, county office of education or charter school located in a public facility

• FAQ being written and added to current webpage along with updated documents

14

Lead Sampling of DW in CA Schools AB 746

• Sampling Guidance from DDW will be the same as DDW permit

• Section (e)(4) – allows schools that have been previously sampled by DDW permit to count toward this requirement

• Section (e)(3) – Allows schools previously sampled prior to 1/1/2009 which post their results to count toward this requirement

15

Lead In Schools - AB 746 vs. Permit Amendments Requirements AB 746 (CHSC §116277) Lead In Schools Permit Amendment (Jan. 2017)

Audience

Community Water Systems (CWS) serving a schoolsite of a local education agency (LEA*)

w/ building constructed before 1/1/2010. (Includes K-12, preschools and child daycare

located on public school property)

Public Water System serving K-12 school for which sampling request is made prior to

11/1/2019

Number of Initial Samples

N/A (DDW will continue to reference DDW posted

guidance and 3Ts to CWS/LEAs)

One to five samples from regularly used sinks, faucets, fill stations

Sampling Time

Anytime, but must be completed before 7/1/2019 (DDW guidance prescribes sampling while school is in session and not immediately

following weekends or holidays)

During school year, on Tues/Wed/Thurs/Fri. when in session and in session for one day prior.

(Within 90 days after receiving request)

PWS Reporting to School

Report findings to schoolsite within 10 business days after receiving results from lab

Provide/discuss sample results with school within 10 days of receiving results from lab

PWS Reporting to State

N/A (DDW will continue to encourage submittal of

data to LIS website)

• Compile list of names/addresses K-12 by 7/1/2017, submit to DDW’s LIS website

• Require lab to submit data to DDW’s LIS website

Lead In Schools - AB 746 vs. Permit Amendments Requirements AB 746 (CHSC §116277) Lead In Schools Permit Amendment (Jan. 2017)

Action Level (AL) 15 ppb 15 ppb

AL Exceedance Response by PWS

• Report to school within 2 business days • Collect repeat sample at the service

connection between CWS and schoolsite

• Notify school within 2 school business days • Collect resample within 10 business days if

sample site remains in service • Collect third sample within 10 business days

after notification that resample is ≤ 15ppb • Following corrective action, collect

resample

AL Response by LEAs

• Notify parents and guardians of pupils where elevated levels found

• Take immediate steps to make fountains/faucets inoperable (shut down) where levels above AL found

• Additional testing (may be?) required to determine if all or just some of fountains/faucets require shut down

(Enforced by DDW & DOE; DDW will continue tracking)

N/A – School corrective actions not enforceable by DDW.

Lead In Schools - AB 746 vs. Permit Amendments Requirements AB 746 (CHSC §116277) Lead In Schools Permit Amendment (Jan. 2017)

Sampling Plan

CWS, in cooperation with LEA, shall prepare a sampling plan for each schoolsite where

sampling is required. CWS/LEA may request assistance from State Board or Local Health

Dept.

Respond in writing within 60 days of receiving the school’s sampling request, and schedule meeting with school to develop sampling plan (3Ts referenced). Finalize within 90 days of request.

Laboratory Cert. N/A

(DDW guidance prescribes USEPA’s 3Ts and ELAP-certified laboratories)

ELAP Certified

PWS Data Disclosure N/A

Not release data to public for 60 days following receipt of initial results unless complying with

PRA. Discuss results with school prior to release.

Lead Service Lines: Requirements of SB 1398 and SB 427

• All public community water systems must compile an inventory of known lead service lines by July 1, 2018

• PWS must also identify areas that may have lead service lines and identify any areas where the PWS cannot identify the service line material

• By July 1, 2020, PWS will be required to propose a schedule to replace all the known lead service and service lines constructed of unknown material

• SB-427 has been signed - the requirement only applies to community water systems

• DDW will have a web portal available in 2018 to begin receiving documents for the water system’s inventory.

• FAQs, guidance and updates available on DDW website http://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/lead_service_line_inventory_pws.shtml

19

Revised Total Coliform Rule

• Federal RTCR effective April 1, 2016 • Interim Period before state adoption

– All PWS must comply with existing CA rule and Federal RTCR

• CA regulation in development and anticipated in 2018 – Draft regulation available on DDW website

20

Revised Total Coliform Rule • Overall approach is to “Find and Fix” problems • Minor changes to routine and repeat sampling

– No changes to # of samples per week or month – 3 repeat samples for each TC+ routine

• Existing location, U/S and D/S within 5 service conn. • PWS collecting 1 routine/month, 4 repeats still needed

• Established E.coli MCL – EC+ Routine, TC+ Repeat – TC+ Routine, EC+ Repeat – EC+ Routine, no repeats collected – TC+ Routine, TC+ Repeat, fail to analyze repeat for E.coli

• Established Coliform Treatment Technique

21

Revised Total Coliform Rule

Level 1 Coliform Treatment Technique • Triggers when:

– > 5% of samples TC+, if collecting 40 or more samples/month

– 2 or more samples TC+, if collecting fewer than 40 samples/month

– Failure to collect all repeats following TC+ routine • Water system must complete Level 1 assessment

and make corrective actions within 30 days • Issue Tier 2 public notice within 30 days

– INTERIM PERIOD ONLY

22

Revised Total Coliform Rule

Level 2 Coliform Treatment Technique • Triggers when:

– E. Coli MCL violation – Second Level 1 trigger within a 12-month period

• Issue Tier 1 Public Notice by end of day • Contact DDW (or LPA) by end of day • DDW (or LPA) staff will conduct Level 2 assessment

and water system must complete and make corrective actions within 30 days

23

Revised Total Coliform Rule

• Failure to conduct the Level 1 or Level 2 assessments within 30 days or failure to complete corrective actions is a violation requiring a Tier 2 Public Notice

• New requirements for seasonal water systems to follow approved start-up protocol including sampling before serving water to the public

http://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/rtcr.shtml

24

Perchlorate MCL Revision

• Current MCL 6 ug/L is greater than revised Public Health Goal of 1 ug/L (2015).

• Current Detection Level for Reporting (DLR) is 4 ug/L.

• July 5 Board meeting decision to initiate two-step process for revising perchlorate MCL 1. Amend Title 22 regulations to lower DLR 2. Gather occurrence data below 4 ug/L for use in

considering a revised perchlorate MCL

25

Potable Reuse of Recycled Water • Groundwater Recharge is “the planned use of recycled water

for replenishment of a groundwater basin or an aquifer that has been designated as a source of water supply for a public water system”

• Surface Water Augmentation is “the planned placement of recycled water into a surface water reservoir used as a source of domestic drinking water supply”

• Direct Potable Reuse is “the planned introduction of recycled water either directly into a public water system, as defined in Section 116275 of the Health and Safety Code, or into a raw water supply immediately upstream of a water treatment plant”

26

Task Deadline Status

Adopt Groundwater Recharge Regulations Dec 31, 2013

Adopt Surface Water Augmentation Regulations Dec 31, 2016 Moving

quickly

Prepare Draft Report on Expert Panel Recommendations & Research Status June 30, 2016

Release Public Review Draft Report on Feasibility of Developing Direct Potable Reuse Criteria

Sept 1, 2016

Submit Final Report to the Legislature Dec 31, 2016

Potable Reuse - Statutory Requirements

• GW recharge regulations built over 38 years experience

• Key components – Pathogen reduction requirements – reclamation plant +

Surface Water Treatment Plant (SWTP) – Reservoir criteria, meaningful environmental buffer – Wastewater source control – Full advanced treatment (RO + advanced oxidation) – Monitoring for regulated & unregulated chemicals

• Public Hearing Sept 7, comment period closed Sept 12, 2017

• 0 approved SWA projects in CA; 3 SWA projects in planning 28

Direct Potable Reuse - Feasibility • Public health is most important • Expert Panel & Advisory Group • Research needs & knowledge gaps • Lessons learned from other projects • Crafting effective criteria • Deliberate and phased approach

Harmful Algal Blooms A Drinking Water Concern

• Cyanobacterial blooms increasing – climate change and nutrient loading are driving factors

• Recreational/environmental exposure has been the primary focus of regulatory agencies (beach closures, dog deaths, impact on tribes, businesses)

• Drinking water community has traditionally focused on taste, odor, impact on treatment processes – with background awareness of toxicity issues

• August 2014: Toledo, OH episode focuses national attention on potential drinking water risks

• US EPA accelerates schedule for addressing HABs

30

Klamath Basin

Clear Lake

San Francisco Bay area/Delta

Pinto Lake/Monterey Bay

Southern California Prymnesium “Golden algae”

Revision of Office of Environmental Health Hazard Assessment (OEHHA) Fact Sheet (2012)

Areas in California with Recurrent Toxic Algae Blooms

And…

CA State Water Project!

HABs - Drinking Water Health Advisories

• 10-day Health Advisory recommended concentrations for total microcystins are: – 0.3 μg/L for children younger than school age – 1.6 μg/L for all other age groups

• 10-day Health Advisory recommended

concentrations for cylindrospermopsin are: – 0.7 μg/L for children younger than school age – 3.0 μg/L for all other age groups

32

HABs - US EPA’s Recommendations

• Recommendations for Public Water Systems to Manage Cyanotoxins in Drinking Water

• Issued June 2015, concurrent with release of HAs • Discusses:

– Health Advisories – Cyanotoxin Management Plan Development,

addressing Monitoring, Treatment, and Communication

– Models a “stepwise process” to help water systems reduce the risk of cyanotoxins in finished water

33

34

Cyanotoxin Management Steps Figure taken from USEPA, Recommendations for Public Water Systems to Manage Cyanotoxins in Drinking Water, June 2015

HABs and Division of Drinking Water • DDW does not have specific authority to require action from PWSs

in response to the Health Advisories – but we cannot ignore the potential threat posed by cyanotoxins.

• DDW Recommends that water systems refer to USEPA’s Health Advisories and its Recommendations for Public Water Systems to Manage Cyanotoxins in Drinking Water.

• DDW offers to collaborate with water systems in developing Cyanotoxin Management Plans, monitoring plans, and communication/public messaging (if needed).

• Outreach: presentations around the state; email blast to PWSs (July 2016); DDW HABs web site.

http://www.waterboards.ca.gov/drinking_water/programs/habs/

35

HABs - Assessment and Monitoring Considerations

• Need for: – Overall assessment of vulnerability, early warning of

events – Identification of species – Chemical analysis of toxins – Speedy response to events!

• Obstacles – Lab availability, capacity, turnaround time – Limitations of analytical methods for microcystins – Cost! $$$$$$ (especially for smaller water systems)

36

HABs - Public Communication

• Not regulated – will water systems choose to notify if Health Advisory levels exceeded in finished water?

• Is a two-tiered HA realistic? • How to communicate that cyanotoxins are a

threat, but there is no MCL, no required response from water system?

• DDW has enlisted help from CDPH/EHIB in developing language for public notice template.

37

HABs - Treatment Considerations

• From what we’ve observed: there are no “one size fits all” solutions. Treatment systems must be fine-tuned based on source water, treatment train, technical ability, analytical ability.

• That said, general advice to PWSs may be feasible (e.g., optimizing pre- and post-oxidation to destroy dissolved toxins while avoiding cell lysis before filters).

• Guidance and tools available from USEPA, AWWA/WRF. • None of this advice applies to recreational or household

treatment systems. Use of camping filters, over-the-counter systems is not advised. Boiling water is not effective!

38

• Preliminary draft regulations released on 7/24/2017 and six stakeholder workshops were held statewide from 7/25/2017 to 8/3/2017

• Draft regulations will be released this winter for public comment

• Board adoption expected in 2018

Environmental Laboratory Accreditation Program (ELAP)

Cross-Connection Control Regulations

• AB 1671 signed October 6, 2017. Requires SWRCB to adopt standards for backflow protection and cross-connection control by January 1, 2020

• SWRCB may create regulations through the adoption of a policy handbook

• LHO may maintain certification program for device testers

40

• Website: http://www.swrcb.ca.gov/drinking_water/programs/index.shtml

• Subscribe to Email List: - Go to http://www.waterboards.ca.gov/resources/email_subscriptions/ - Select "State Water Resources Control Board" - Fill in contact information with your email address and full name - Select category “Drinking Water” and then select the first box

"Drinking Water Program Announcements" - You may select other categories as well - Click "subscribe“

• Drinking Water Watch: https://sdwis.waterboards.ca.gov/PDWW/

Resources

41

Questions?

42