Loading...
HomeMy WebLinkAboutDDW-2024-011568 Annual Review of the Division of Drinking Water for the State of Utah FY2023 State Drinking Water Annual Program Evaluation (§142.17) Page | 2 Summary of Utah’s State Drinking Water Program The U.S. Environmental Protection Agency Region 8 (EPA) conducted a federal Fiscal Year (FY) 2023 end-of-year evaluation of the Public Water System Supervision (PWSS) program administered by the Utah Division of Drinking Water (UDDW). The UDDW operates under the Utah Department of Environmental Quality (UT DEQ). UDDW works with all public water systems in Utah to ensure that they provide safe drinking water and are meeting the requirements of the Safe Drinking Water Act. This is accomplished by monitoring contaminants, providing operator certification and training, conducting inspections, and providing technical assistance. Based on this review, the UDDW continues to implement an effective drinking water program. UDDW oversees 1,060 public water systems (PWS). In FY2023, this included 506 community systems, 85 non-transient non-community systems, and 469 transient non-community systems. Inventory of Utah Public Water Systems in Federal Fiscal Year 2023 by classification and source Classification Population Served Source Type GU GUP GW GWP SW SWP Total Community 3,533,758 6 1 359 24 38 78 506 Non-Transient Non-Community 61,396 1 NA 66 7 1 10 85 Transient 102,669 7 1 417 35 4 5 469 Total 3,697,823 14 2 842 66 43 93 1,060 GW= Ground Water GWP= Ground Water Purchased GU= Ground Water Under Direct Influence GUP= Ground Water Under Direct Influence Purchased SW= Surface Water SWP= Surface Water Purchase UDDW met their commitments in their Performance Partnership Agreement (PPA) for FY2023. These commitments assist EPA Region 8 in reaching their commitments for the National Program Measures (NPM) for drinking water. The State succeeded in meeting all three Region 8 NPMs for FY2023. Page | 3 Fiscal Year 2023 Annual Commitments to Region 8 Drinking Water Measure EPA National Water Program Measures Description State Results National Target Region 8 Target 2.1.1 Percent of the population served by community water systems that receive drinking water that meets all applicable health-based drinking water standards through approaches including effective treatment and source water protection. 96.6% 92% 90% SP-1 Percent of community water systems that meet all applicable health- based standards through approaches that include effective treatment and source water protection. 91.7% 90% 85% SP-2 Percent of "person months" (i.e., all persons served by community water systems times 12 months) during which community water systems provide drinking water that meets all applicable health- based drinking water standards. 96.4% 95% 92% Utah’s State Resources FY2023 EPA PWSS Bases Grant Award $1,090,450 FY2023 EPA PWSS Emerging Contaminants Grant Award $0 FY2023 EPA PWSS Grant Award Total Allotment $1,090,450 FY2023 General Fund $3,257,400 FY2023 State Match $3,200,800 FY2023 DWSRF Set Aside Utilized $3,864,820 •PWSS $1,045,837 •Capacity Development $24,000 •Operator Certification $0 FY2023 Operator Certification Reimbursement Program $160,750 Once funding resources are listed into a Partnership Program Grant (PPG), Region 8 EPA does not track the individual drawdowns. EPA Region 8 does play a key role in the planning stage of states applying for additional or match funding. An itemized description of the expected Page | 4 amount awarded is evaluated by the Programs at Region 8 EPA and is placed in the PPG application. The Partnership Performance Agreements (PPA) are workplans created and agreed upon between the States and the EPA. The workplans detail commitments and objectives that at minimal must be met to ensure the PPG funding. To ensure PPG commitments and objectives are implemented into the PWSS program, Region 8 annually reviews the State’s End of Year report (EOY). The EOY report is utilized as a tool to determine compliance of Federal Regulations. The state program had 53 Full Time Employees (FTE) in FY2023 to support the PWSS program. Status of Rule Adoption The State has primary enforcement authority (primacy) for all the SDWA’s National Primary Drinking Water Regulations (NPDWRs). The Lead and Copper Rule Revisions (LCRR) Extension Agreement (EA) was signed by EPA Regional Administrator KC Becker on February 26, 2024. UDDW has agreed to implement the LCRR sections established in the EA, and EPA will implement formal enforcement if it becomes necessary. Sanitary Surveys UDDW provides EPA Region 8 with a list of all 40 CFR Part 142 Subpart H systems that have had a sanitary survey meeting all 8 elements, and an evaluation of its program on conducting Subpart H sanitary surveys in accordance with 40 CFR 142.16(b)(3) as required by 40 CFR 142.15(a)(5). Based on data for the 3 year time period ending September 30, 2023, the total number of sanitary surveys completed by the UDDW in this period of review was 506 out of 506 community water systems. During FY2023, UDDW, with the assistance of UDEQ District Engineers and local health departments, completed a total of 330 sanitary surveys of all system types. UDDW has all water systems on a 3-year inspection schedule and does not classify systems as Outstanding Performers. The 2023 national drinking water program commitment for percent of community systems that have undergone a sanitary survey within the past three years is 75%. UDDW met this commitment with 100% completion. UDDW identifies Significant Deficiencies (SD) during sanitary surveys and has a list of at least one significant deficiency for each of the 8 sanitary survey elements. New types of deficiencies can be identified, or those that are no longer pertinent can be removed. The UDDW list includes requirements from other programs such as discharge permits and engineering requirements. System owners/operators can go online to view the identified SDs at any time which helps systems identify which deficiencies are a higher priority and the date each deficiency is due to be resolved. UDDW provides Corrective Action Plans (CAPs), which are a written agreement between UDDW and the system that contain a timeline, milestones that must be completed, Page | 5 and proof of financial ability. CAPs have proven to be effective to identify and assist systems that are not compliant. UDDW has an email address specifically delegated to receive corrections for deficiencies to ensure tracking for each one is accurate and documented. UDDW reaches out by email and phone prior to the issuance of any related violations to ensure water systems have the opportunity to submit their proof of correction as soon as possible. UDDW coordinates internally with other their sections, and when pertinent, UDEQ District Engineers and Utah’s local health departments. If a system remains noncompliant, UDDW issues a formal enforcement action. One such enforcement action is to issue a Compliance Agreement/Enforcement Order (CA/EO). The CA/EO is a collaborative approach to enforcement wherein UDDW and the water system work to determine reasonable timeframes for the water system to make corrections, while UDDW maintains its primacy obligations and protects public health. Other formal enforcement actions are an Administrative Order (AO) and a Not Approved Order (NAO). A NAO changes the rating of the water system as defined in UAC 309-400-5 and requires enhanced public notice and timelines to make corrections set by UDDW without consultation with the water system. An AO is an escalation of enforcement used when a water system fails to comply with the previously issued NAO. The NAO and AO are issued when a water system isn’t willing or able to cooperate with the State and UDDW must take unilateral actions to ensure the health and safety of the water system’s users. Enforcement/ Enforcement Targeting Tool (ETT) For FY2023, the EPA reviewed DEQ’s compliance with the Performance Partnership Agreement (PPA) commitments and conducted baseline oversight activities, which consisted of quarterly discussions of priority (≥11 points) water systems on the Enforcement Targeting Tool (ETT) lists. The EPA did not perform target oversight or conduct an on-site file review for FY2023, as a complete evaluation of the Uniform Enforcement Oversight System (UEOS) was completed in FY2017. The next enforcement file review is planned to be conducted in FY2025 utilizing the new national pilot Enforcement Review process. DEQ manages a very effective drinking water program. The program continues to have successful compliance assistance while also issuing several enforcement orders. The State provides copies of its enforcement actions as requested and is helpful in answering any questions. On a quarterly basis, EPA and DEQ discuss priority water systems on the Enforcement Targeting Tool list to ensure the EPA Drinking Water Enforcement Response Policy (ERP) requirements are met. The Improvement Priority System (IPS) program is used by DEQ to evaluate public water system compliance with Title R309 of the Utah Administrative Code, and to prioritize noncompliance for enforcement action. Under IPS, DEQ assesses points for noncompliance or public health risk and assigns ratings to public water systems. Page | 6 DEQ met the PPA commitments in FY2023, including submitting State annotations to the EPA for each ETT priority system within 30 days after receiving the quarterly ETT list from the EPA, providing the EPA with copies of enforcement actions, and uploading required violation and enforcement data into SDWIS-Fed on a quarterly basis. The ERP requires all priority ETT systems be addressed timely within two calendar quarters of the systems being identified as a priority, with a goal of returning the systems to compliance or taking a formal action before the systems reach 11 points on the ETT. Due to a data lag associated with the ETT, the EPA evaluated if a system has been in priority status for more than three consecutive quarters. In FY2023, of the approximately 1,060 total public water systems, DEQ had a total of 3 priority systems on the October 2022 through July 2023 ETT lists for one or more quarters. All 3 systems were returned to compliance or issued enforcement orders within three consecutive quarters of the system being identified as a priority system. The EPA commends DEQ for addressing all priority systems in FY2023 timely. Priority System Status progress for FY2023 State Current ETT Score ≥ 11 Current ETT Score 1-10 Current ETT Score 0 New ≥ 11 Previously ≥ 11 Not on Path Has Never Been ≥ 11 On Path RTC UT 6 175 151 5 215 The above table presents systems that are in different phases of compliance with the national ERP. Each quarter the EPA and state-counterparts meet to discuss the systems. For systems with scores greater than 11, priority systems, there are two categories: new priority systems that did not appear on the previous list and priority systems that appeared previously but have violations that are still not addressed. For systems with scores between 1 and 10, there are two general categories: systems previously not on the path to compliance indicating there were violations from the last quarter that are still not addressed, and systems that never had a score greater than 11 indicates that system has violation but has never become a priority system. For systems with scores of 0, the majority have never been priority systems, a portion have been returned to compliance, and a small group are on the path to compliance by being addressed. Drinking Water State Revolving Funds (DWSRF) Unliquidated Obligations DWSRF Unliquidated Obligations (ULO) are unspent funds from grants provided to states by the EPA to assist drinking water systems in financing needed infrastructure improvements. The DWSRF ULO reduction strategy is directed to the timely expenditure of federal funds for Page | 7 approved activities and supports the broader collective commitments of maximizing the use of all DWSRF resources to advance investment in the reliable delivery of safe drinking water to the American people. DWSRF Unliquidated Obligations FY 2023 Project/Loan Fund ULO $24,529,300 Set Aside ULO $3,330,130 Total $27,859,430 This represents 5% of the total $58 million Utah has been awarded for set asides and 11% of the total $251 million Utah was awarded for the loan fund. The ULO had an increase this year due to the BIL awards that occurred at the end of the fiscal year and the time it takes to develop Lead Service Line Replacement (LSLR) and Emerging Contaminant (EC) projects. Utah applied for and was awarded the FY23 Base, the BIL General Supplemental, the BIL LSR and the BIL EC grants in October 2023, shortly after FY23. Set aside designations are outlined below. Breakdown of DWSRF Base Grant (FS-99878423) Set Asides in FY23 4% Administration and Technical Assistance $197,520 2% Small System Technical Assistance $98,760 10% State Program Management $493,800 15% Local Assistance $658,800 Total $1,448,880 Breakdown of DWSRF BIL Supplemental Grant (4D-96886623) Set-Asides FY23 4% Administration and Technical Assistance $525,000 2% Small System Technical Assistance $55,000 10% State Program Management $495,000 15% Local Assistance (Capacity Development, Well Head Protection) $950,000 Total $2,025,000 Breakdown of DWSRF BIL LSLR grant (4L-96886823) Set-Asides FY23 4% Administration and Technical Assistance $142,000 2% Small System Technical Assistance $48,500 10% State Program Management $150,000 15% Local Assistance (Capacity Development, Well Head Protection) $2,865,000 Total $3,205,500 Page | 8 Breakdown of DWSRF BIL EC Grant (4L-96886823) Set-Asides FY23 4% Administration and Technical Assistance $150,000 2% Small System Technical Assistance $0 10% State Program Management $100,000 15% Local Assistance (Capacity Development, Well Head Protection) $0 Total $250,000 Drinking Water State Revolving Funds (DWSRF) Program Integration: Capacity Development and Small System Support EPA Region 8 received UDDW’s 2023 Annual Capacity Development Report on September 29, 2023, and received the Report to the Governor on October 3, 2023. The details of UDDW’s Capacity Development Program are enclosed in their annual report and their capacity development tracker. According to 40 CFR 35.3515, Allotment and Withholdings of Funds, the EPA is required to withhold 20% of a State’s Drinking Water State Revolving Fund (DWSRF) allotment if a State is not implementing a Capacity Development strategy in accordance with SDWA Sections 1420(c) and 1452(a)(1)(G)(i). EPA Region 8 has reviewed the state’s Drinking Water Capacity Development program using EPA HQ’s review template CD Tracker. The review was completed by April 4, 2024. EPA Region 8 has determined that documentation shows Utah DDW has fully implemented an acceptable new systems capacity development program and an existing systems capacity development strategy for the state from July 1, 2022 to June 30, 2023. Region 8 sent an approval letter in April 2024, informing UDDW that they have met the capacity development requirements and will be receiving the full allotment of their 2024 Drinking Water State Revolving Fund (DWSRF) Capitalization Grant. UDDW submitted the final updated Capacity Development Strategy in accordance with America’s Water Infrastructure Act (AWIA) to EPA Region 8 on January 9, 2024. Upon review of their strategy, EPA Region 8 has determined that the updated strategy meets the requirements of the SDWA as amended by AWIA. EPA Region 8 approved the updated strategy on January 19, 2024. DWSRF Program Integration: Operator Certification As referenced in the Federal Register, 64 FR 5916, for the Final Guidelines, state Operator Certification (OpCert) programs are approved by EPA for the initial submittals of the program, as well as, each subsequent year’s submittals. The 9 baseline standards for the annual OpCert reports constitute the minimum required elements that state OpCert programs must meet. The OpCert report is intended to be a standalone document and include enough information for EPA to determine whether the state OpCert program meets the requirements in the Final Guidelines. This may include but is not limited to: copies of the State Rules; State Policies; State Codes; and explanation of the operator certification program Page | 9 (classification, training, exams, fees, etc.). The report assists in determining whether the agency must withhold 20% of the capitalization grant, as required in SDWA 1419(b). Utah DEQ and EPA have an ongoing workplan to address deficiencies identified during the FY2021 review. The EPA has determined that 20% of the State of Utah’s DWSRF allotment will not be withheld in Federal Fiscal Year 2025, subject to the state’s commitment to continue to implement the approved workplan. The EPA meets quarterly with UT DEQ to ensure progress and overall compliance with the workplan commitments. Utah is in compliance with the workplan as of July 2024. It is projected the workplan will remain in place through FY2025 to accommodate eventual rule adoption. UDDW has been delegated responsibility for the oversight of public water systems in Utah to ensure compliance and enforcement of regulations. Utah classifies their treatment systems based on a point system. Water distributions are classified by population served, with Class 1 serving the smallest population and Class 4 serving the largest population. Utah requires all systems that utilize treatment or filtration to have a properly certified operator, therefore, a transient system that has treatment or filtration will be required to have a properly certified operator. System Compliance Rate System Classification Number of Facilities In-Compliance Compliance Rate Community Distribution 494 469 94.9% Community Treatment 58 53 91.4% Non-Transient Non-Community Distribution 80 79 98.7% Non-Transient Non-Community Treatment 17 14 82.4% Transient Non-Community Treatment 23 14 61% Operator Certification Exam Pass Rate Water Treatment Water Distribution Level Number of Exams Pass Percentage Level Number of Exams Pass Percentage SS 53 81% T1 16 69% D1 52 77% T2 20 95% D2 106 46% T3 1 0% D3 24 58% T4 79 70% D4 259 57% Page | 10 Income to support the OpCert Program originates from fees charged to applicants and operators as authorized by state statute, as well as DWSRF set-aside and PWSS funds. These revenue sources cover the costs of program operations, including monitoring compliance with the requirements of R309-300, tracking, and entering CEU data, preparing, proctoring and grading certification examinations, and providing operator training. General drinking water rule compliance is monitored by Division rules compliance and enforcement staff and compliance is checked on-site by division staff during sanitary surveys. Facility classification is assigned during the plan review and approval stage and is periodically reviewed as facility modifications are reported to the Division as well as during sanitary surveys. The Division’s data system and database development are managed and maintained by staff from both the Division of Drinking Water and the Division of Technology Services. Under the current organization, Utah has sufficient resources to implement its operator certification program now and into the future. The Utah Operator Certification Commission is made up of seven members appointed by the Division Director. The seven members represent various stakeholders in Utah’s water industry, one representative from each of the following: municipal water systems serving a population less than 10,000, Grade III certified distribution operators, Grade III certified treatment system operators, municipal water system management, academia, a professor from the civil or environmental engineering department of a Utah College or University, Utah-based Water Supply Technical Assistance and Training Providers, and the Division of Drinking Water. The Commission meets as required to review proposed program and rule changes, perform examination and examination question verification, and conduct other business to promote and expand the OpCert program. Commission meetings are open to the public. The Commission did not meet during FY2023. Rule Implementation / Reduction of Health-Based Violations In the FY2022-2026 EPA Strategic Plan, one of the Long-Term Performance Goals under Objective 5.1 is to reduce the total number of community water systems (CWS) still in noncompliance with health-based standards since March 31, 2021 from 752 to 500. A health- based violation is a Maximum Contaminant Level (MCL), Maximum Residual Disinfectant Level (MRDL), or treatment technique (TT) violation. EPA Region 8 has developed an action plan to reach these goals. It primarily consists of four priorities: 1. Generate consistent, reliable and accurate data 2. Support states in addressing violations and developing state action plans 3. Evaluate funding for infrastructure needs 4. Prevent health-based violations through Capacity Development EPA Region 8 generates quarterly data reports for each state primacy agency. The reports include the most recent data for health-based violations, both continuous and new. Region 8 meets with each primacy agency to discuss this dataset. The discussions are centered around finding out the cause of each violation and what corrective action the system must perform to Page | 11 return them to compliance. The following chart includes data from 2017 Q3 to 2024 Q2. The previous baseline set for these metrics was 2017 Q3 as part of the FY2018-2022 EPA Strategic Plan, and updating it to 2021 is still in process. A new system is any community water system with health-based violations that was not in violation at baseline (2017 Q3). An intermittent system is a community water system that was on the baseline list and was off the list in at least one subsequent quarter and then came back on the list. A continuous system is a community water system that has remained on the list of communities with heath-based violations since baseline and continues into the current quarter. Data Management and Reliability UDDW currently uses SDWIS State Version 3.5 for managing PWSS program information and uses FedRep Version 3.6 for reporting data to EPA HQ. In 2023, Utah Department of Technology Services migrated hosting SDWIS from State-owned and managed servers to Amazon Web Services. UDDW has seen little to no interruption of service with this migration. Use of the most current version of FedRep ensures reporting on all drinking water rules. UDDW determines rule compliance using the SDWIS State Compliance Decision Support (CDS) tool. Use of CDS improves data quality and provides for a consistent interpretation of drinking water regulations compliance. The Compliance Monitoring Data Portal (CMDP) and SDWIS-State are in the process of working towards SDWIS modernization. Released in September 2016, CMDP allows water laboratories and public drinking water systems to electronically share drinking water data with their states and tribal agencies. By reducing the hours previously spent manually entering data, identifying data-entry errors, and issuing data resubmittal requests, states and tribes can free up more time to focus on preventing and responding to public health issues in their communities. Utah was the first state to adopt the CMDP and currently has sixteen labs using it to transfer data to UDDW’s SDWIS. Additionally, Utah has begun accepting LT2, PFAS and PFOA data through CMDP to improve data quality and drinking water.