DDW-2024-013561

EPA Region 8 Enforcement and Compliance Assurance Division Utah Department of Environmental Quality (DEQ) Drinking Water Program FY2023 Enforcement End of Year Report Oversight Level 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. Program Highlights 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. Annual PPA Commitments 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 1,052 total public water systems, DEQ had a total of 22 priority systems on the October 2022 through July 2023 ETT lists for one or more quarters. All 22 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.