1. J. Alan Roberson, P.E. ASDWA Executive Director
Regulatory Implementation and Infrastructure Financing The States’ Perspective
J. Alan Roberson, P.E.
ASDWA Executive Director
Association of State Drinking Water Administrators
1401 Wilson Blvd. - Suite Arlington, VA (703)

2. Association of State Drinking Water Administrators
Presentation Outline
Short SDWA & regulatory history
The good news about the regulations
National compliance costs of past regulations
What regulations you may see from EPA soon(?)
Financing
Infrastructure
States’ drinking water program
Conclusions
Association of State Drinking Water Administrators
1401 Wilson Blvd. - Suite Arlington, VA (703)

3. Three Iterations of the SDWA
Initial 1974 SDWA set up the federal standard setting process
Only a few regulations developed
Congress grew frustrated & acted
1986 SDWA – prescriptive regulatory schedule
EPA couldn’t meet deadlines
1996 SDWA - refined contaminant identification and risk management processes

4. Regulatory History 19 regulations for 91 contaminants from 1975-2013
Costs - $4.2 Billion/yr. (2013 $)
Nine prior to 1996 Amendments
Primarily numerical MCLs based on annual average of quarterly samples
Some Treatment Techniques (TTs)
Ten after 1996 Amendments
Harder to treat contaminants and/or more complex regulations

5. Regulatory History (cont.)
AWWA Webcast Program:
5/19/04
Regulatory History (cont.)
Number of Regulated Contaminants
EPA finalized 18 drinking water regulations between
Nine prior to 1996 SDWA Amendments
NIPDWRs, Fluoride, TTHMs, VOCs, TCR, SWTR, Phase II & V Rules, and LCR
Most regulations based on numerical MCLs using annual average of quarterly samples
Nine after 1996 SDWA Amendments
Arsenic,
Radionuclides,
SFBR,
M/DBP Cluster - M/DBP Cluster – Stage 1 and 2 DBPRs, IESWTR, LT1 and LT2ESWTRs, and GWR
Generally more complex regulations
No new “contaminants” but significant burden
Courtesy of Steve Via, AWWA

6. The Good News about the Regs
Most of the major risks that we know about in drinking water have already been addressed
91 contaminants are regulated
Initial disinfection requirements in 1989 to address bacteria, viruses, and Giardia
Strengthened in 2006 to address Cryptosporidium
Arsenic standard lowered from 50 ppb to 10 ppb in 2001
1991 Lead and Copper Rule lowered lead levels in water
Disinfection by-products (DBPs) regulations are tighter and apply to all system sizes
Lot of other common chemicals are already regulated
National compliance is 92%-93%

7. Cost of Past SDWA Regulations
Annualized Capital and O&M Cost
($ M/yr., 2013$, 3% discount rate)
Surface Water Treatment Rule
1,007
Lead and Copper Rule
937
Stage 1 Disinfection By-Products Rule
872
Interim Enhanced Surface Water Treatment Rule
388
Arsenic
251
(Skip to #18 and #19)
Filter Backwash 8
Fluoride 7
Total Compliance Costs for 19 Regulations - $4.62 Billion/yr. in 2013$, 3% discount rate

8. EPA’s Two Regulatory Priorities
Lead
Fallout from Flint is still ongoing
Perchlorate
Consent decree for proposal and final rule

9. Challenges with Lead Lead is #1 regulatory issue for EPA
Fallout from Flint is still ongoing
Ongoing sampling and public perception issues
Sampling at schools is an ongoing issue
Division of work between PWS, state, and school district
2016 – EPA Sampling Guidance
Clarified some ambiguities
EPA Guidance on Material Inventory
Different from “representative sites” in 1991 LCR
Some pushback from water systems

10. Lead (cont.)
NDWAC Workgroup on Long-Term Revisions to the Lead and Copper Rule (LCR)
EPA is working to incorporate recommendations into a proposal for 2017
What should systems & states do in the meantime?
Some states moving forward with their own revisions now
Are we going to see any more EPA guidance?
Lead Service Line Collaborative
More details in second presentation

11. Perchlorate
Perchlorate has been on EPA’s “radar screen” since the 1996 SDWA Amendments
Included in UCMR1
EPA worked with FDA to develop BBDR model
Ongoing peer review
EPA’s court deadlines
Proposal in October 2018
Final in December 2019

12. Infrastructure Financing
DWSRF looks to be OK in 3/16 “skinny budget” proposal
DWSRF set-asides have become “core $” for state drinking water programs
Any increase in DWSRF should carry over the set-asides
DWSRF & CWSRF can point to job creation
Will help in the budget battle in Congress

13. $ for State Programs
Challenging to determine impacts from 3/16 “skinny budget” proposal
Categorical grants proposed to be reduced
But PWSS grants may be part of “Sophie’s Choice”
Will have to see how the budget battle plays out in Congress
Preserving PWSS grants & set-asides are ASDWA’s top two priorities

14. Conclusions
Potential budget cuts to EPA Office of Water are problematic for all in the water sector
Continuing to manage both SRFs
Continuing to stand up WIFIA
Developing regulations based on sound science
The budget battle in Congress is going to get ugly
“We live in interesting times”

15. Association of State Drinking Water Administrators
Questions?
Contact information
Direct line: (703)
Association of State Drinking Water Administrators
1401 Wilson Blvd. - Suite Arlington, VA (703)