Everything You Wanted To Know About Environmental Regulations . . . But Were Afraid To Ask A Guide For Nebraska Communities September, 1993 tttUJ I B J.st.US ------- Everything You Wanted To Know About Environmental Regulations But Were Afraid To Ask A Guide For Nebraska Communities September, 1993 0WIRO Ntf This handbook was produced through a joint effort of the Region 7 office of the Environmental Protection Agency (EPA) and the Nebraska Department of Environmental Quality (NDEQ). The Nebraska Department of Health (NDOH) reviewed the drinking water portions of this handbook. ------- Preface This handbook was prepared for use by community officials as a quick reference to the environmental issues facing their constituencies. It is directed towards communities with populations of 10,000 and less, and to the organizations that assist these communities. If you are an official of a larger community, you will need, as a minimum, to comply with the enclosed requirements. It is likely you may need to meet additional requirements. This handbook provides only a summary of basic environmental infor- mation. It is not a definitive statement to the specific ways in which a community may assure environmental compliance; it is a quick guide to the environmental programs that typically apply to most small communities. The requirements and guidance presented in this handbook are based on federal regulations and/or guidance in place in mid-1993. It should be expected that some of these requirements/guidance will change in the future. The handbook is organized according to key program areas. After highlighting services available to you from EPA Region 7 and Nebraska, the handbook explores Cross Media, Air, Land, and Water programs. Cross media programs are those that can reach across any of the other program areas. Definitions and acronyms are provided at the end of the handbook. This document was initially prepared in 1990 by the Midwest Assistance Program (MAP) under contract to the U.S. Environmental Protection Agency, Region 8. It was expanded by the Region 8 Small Community Work Group in early 1991. ------- Everything You Wanted To Know About Environmental Regulations But Were Afraid To Ask Comments and Evaluations Please indicate which handbook, you received: Tribal Iowa Kansas Nebraska Please indicate your affiliation Assistance Provider Federal Community Other State Did you find the handbook helpful? Did you learn about any regulations you were unaware of? If so, which one(s)? Did you make any new contacts as a result of this handbook? What improvements would make the handbook more helpful to you? Thank you for your time and thoughts. Please fold this page on the dotted line, and mail (with a stamp) to the address on the other ------- Water Management Division EPA Region 7 726 Minnesota Ave. Kansas City, Kansas 66101 ------- ~ Table of Contents CROSS MEDIA PROGRAMS Pollution Prevention 1 Public - Private Partnerships 3 SARA Title HI Emergency Planning and Community Right-to 5 Know Act Asbestos 7 Indoor Radon 11 Pesticides 13 Toxics - PCB's 15 4 AIR & WASTE MANAGEMENT PROGRAM Clean Air Act Amendments 16 Refrigerant Recycling and the Prohibition on Venting 18 Superfund 20 RCRA Hazardous Waste 22 Subtitle D Municipal Solid Waste Landfill Criteria 25 4 6 WATER PROGRAMS Water and Wetlands Protection 27 Drinking Water 29 Inorganic Chemicals 31 Asbestos 34 Fluorides 36 Lead Material Ban 38 Lead and Copper 40 Synthetic Organic Chemicals (Non-Volatile) 43 Volatile Organic Chemicals 46 Coliform Monitoring 50 Surface Water Treatment Rule 52 Radionuclides 55 Disinfection and Disinfection By-Products 57 Public Notification 59 Underground Injection Control 64 Wellhead Protection 66 Underground Storage Tanks 68 Nebraska Special Protection Areas 71 Nebraska Clean Lakes 72 (Cont'd) ------- e If] o Is tl B -< >r n LJ State Revolving Fund Loan National Pollutant Discharge Elimination System Secondary Treatment of Municipal Wastewater Sewage Sludge Use and Disposal Pre treatment Requirements Storm water DEFINITIONS-ACRONYMS 73 74 75 77 79 81 83 ------- EPA REGION 7 SERVICES Toil-Free Access Residents of Iowa, Kansas, Missouri, and Nebraska can call the U.S. Environ- mental Protection Agency, Region 7 Environmental Action Line by dialing 1-800- 223-0425. During the week, operators can connect you to appropriate contact persons or programs. After hours, and on the weekend, you will be able to leave a message. Residents of Nebraska can also access the services of the Nebraska Department of Environmental Quality by calling 1-402-471-2186. EPA Regional Library A number of services are available to residents of Region 7 from EPA's regional library in Kansas City, Kansas (726 Minnesota Ave.; KC, KS 66101). The library is available for use from 9:00 a.m. to 5:00 p.m. Monday-Friday. The regional library provides inter library loans through the Online Computer Library Center (OCLC), or by using a standard American Library Association (ALA) form available through your public library. The public can also access the library via the Online Library System (OLS), a computer catalog of EPA's library network. An information handout about OLS and how to use it is available from the library. To contact the library, call 1 -913-551 -7241. or 1-913-551-7358. Speaker's Bureau A number of EPA employees have volunteered to be available to speak on environmental topics. If you are interested in having someone speak to your group on a particular environmental issue, call 913-551-7003. ------- Emergency Response Region 7 operates an Emergency Response Program to receive reports and to respond to environmental spills. The 24-hour phone line is 1-816-236-3778. The person answering the call will obtain as much information as possible about the spill, and will then arrange to have a local, State or Federal agency respond to the spill. The party responsible for the spill will be provided an opportunity to participate in the response and they usually do so to limit their liability. Over 4,000 such calls are received each year. In addition to the Emergency Response Program, Region 7 performs chemical safety inspections to help facilities reduce their chances of having a spill. During these inspections a team of experts examine all parts of the facility, the equipment and the procedures in use at the facility, and then make recommendations to minimize losses from accidental releases. Many facilities request that Region 7 perform these inspec- tions at their facility. Inspections are routinely done at facilities that experience spills. Lastly, Region 7 provides training for first response personnel. These are most often the local fire or police departments. The first responder training includes safety, communications and contacts who can provide assistance when necessary. The Nebraska DEQ's Water Quality Division includes an emergency response team to respond to spills, leaks and accidents which pose an immediate hazard to either the environment or public health. This involves training and equipping a team of five individuals to deal with the handling and disposal of harmful and potentially hazardous materials released to the environment This team is on 24-hour call and works closely with Civil Defense, State Patrol, State Fire Marshall, State Fire Service, and local agencies. ------- CROSS MEDIA PROGRAMS POLLUTION PREVENTION EPA's Pollution Prevention approach The Pollution Prevention Act of 1990 establishes pollution prevention as national policy-EPA's prefeiTed approach for protecting human health and the environment. The primary goal of pollution prevention is preventing or reducing the generation of wastes and pollutants at the source. Pollution that cannot be prevented should be recycled whenever possible. Pollution that cannot be pre- vented or recycled should be treated in an environmentally-safe manner. Disposal or other release into the environment should be used only as a last resort and should be conducted in an environmentally-safe manner. Instead of using traditional pollution treatment and control methods to stop existing pollutants from reaching the environ- ment, pollution prevention aims to anticipate and avoid the generation of pollutants in the first place. Actions for communities Rulings by courts, pronouncements by EPA, or wishing alone cannot clean up the environment or keep it from becoming more polluted. What we need is a unified effort. Community leaders can develop policies that encourage environmental awareness and provide mechanisms to help build the ethic of preventing pollution. S mall communities are in a unique position to make things happen and to win the battle against pollution. Local governments can encourage and stimulate the practice of pollution prevention at all levels: by industry and manufacturing, by private and public business (including agriculture, transportation, energy generators, hospitals and schools), by communities and individuals. Here are suggestions on how community leaders can fight pollution and preserve environmental quality, human health and natural resources: -Set pollution prevention as a major goal and integrate the concept into governmental activities. Publicly recognize pollution prevention as a priority. Practice what you preach—set an example. -Educate the public, as well as business and industry, about pollution prevention. Create an awareness of the profitability and benefits of pollution prevention through greater efficiency and stewardship of natural resources. ------- -Recycle paper, glass, plastic, aluminum, scrap metal, motor oil, and yard wastes. -Use less energy. Set back thermostats; insulate; buy energy-efficient lighting and appliances and make creative use of daylight. -Use less water. Be conservative. Use ultra-low flush toilets; install water meters; repair leaks; review maintenance schedules; use water conserving landscaping. -Buy energy efficient automobiles andother fleet vehicles and, keep them tuned. Carpool, bike, walk, or use mass transit when possible. -Encourage sustainable agriculture. Take advantage of natural methods of protection. Apply pesticides such as insecticides and herbicides carefully if they must be used. -Reduce smoke, radon, asbestos and other indoor-air pollutants. -Contol hazardous waste. Reduce toxic use, and encourage environmentally sound product substitutions and operation modifications. -Buy recycled or recyclable products. Seek out reusable, recyclable or returnable packages. Incorporate into procurement policies/practices. -Reduce risks from lead. Be careful around surfaces covered with lead-based paint, and be cautious when children are nearby during renovation or rehabilitation of old buildings. Be sure drinking water does not contain harmful levels of lead or other contaminants. -Plant trees, shrubs, and indoor plants. They replenish the earth's oxygen supply and clean the air by removing pollution. Additional Information Regional Contact: Pollution Prevention Program: Waste Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 State Contact: Integrated Waste Management Section Nebraska DEQ Suite 400,1200 N St., The Atrium Lincoln, Nebraska 68509-8922 1-913-551-7050 1-402-471-4210 ------- CROSS MEDIA PROGRAMS PUBLIC-PRIVATE PARTNERSHIPS As a community leader, you face the prospect of building or upgrading facilities to meet environmental needs. You already may be feeling the squeeze of growing environmental protection needs and expectations coupled with decreased funding for infrastructure projects. As the pressure grows to minimize rate shock for facility users, local community leaders must find new ways for their communities to hold down costs and build public support for necessary additional expenses. Public-private partnerships offer one solution. "The Self-Help Guide for Local Governments" has been written to acquaint local officials with the concept of public-private partnerships, their benefits, and the steps a community must take to build relationships with the private sector. This information will be conveyed in the following sections: Public-Private Partnerships: What and Why A public-private partnership is a contractual relationship between a public and private partner that commits both to providing an environmental service. The private sector can be involved in a variety of ways, from the initial design of a facility to its daily operation and maintenance. Although each arrangement is unique, most public-private partnerships fall into one of five categories. These types are contract services, turnkey facilities, developer financing, privatizations and merchant facilities. There are different benefits associated with each of these categories. Communities enter into partnerships for various reasons. These include: access to more sophisticated technology; cost-effective design, construction and/or operation; flexible financing; delegation of responsibility and risk; and guaranteed cost. Building a Public-Private Partnership: An Action Checklist No two communities build a partnership in exactly the same way, but all must take roughly the same steps. This document presents an action checklist of the steps that will help a community make many decisions necessary to enter into a contract with a private firm. A community initiates the public-private partnership process by evaluating its service needs, reviewing available technology, and identifying resources that may be able to assist in the development of the contract. It is also important for community ~ ~ n ------- leaders to generate public support while they are evaluating financing prospects and studying laws and regulations. Reviewing a potential private partner's track record is also an important pan of the process. Another option a municipality may consider is regionalizing services with surrounding communities. Eventually, local officials must narrow partnership options, select and conduct its procurement process and finally, develop the service agreement. Financing, Procurement and the Service Agreement Three of the most difficult steps in building a public-private partnership are financing, procurement and the service agreement. In choosing a financing method, a community should estimate the capital required and identify various financing options. These financing strategies should then be assessed against the financial condition of the municipality, the project's costs and any risks. The community must select the option which is most appropriate by comparing benefits and costs. A local government starts to implement its choice by initiating the procure- ment process. The three types of procurement most communities select are advertised procurement, competitive negotiation, and two-step advertising. While advertised procurement allows the community to dictate the terms of the solicita- tion, competitive negotiation offers greater flexibility. Two-step advertising is a mixture of the other two. Finally, a partnership arrangement must be defined in a service agreement. Each contract must include a number of elements. The contract must define: the project and performance criteria, compensation method and timing, changing situations and risk allocations and contract termination and step-in-rights. Insurance and bonding should also be considered since they may affect the terms of the contract. Additional Information Public-Private Partnership Program: Office of Policy and Management EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 ------- CROSS MEDIA PROGRAMS ~ ~ ~ ~ SARA TITLE ffl - THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT SARA Title HI has two purposes: to encourage and support emergency planning for responding to chemical incidents, and to provide local governments and the public with timely and comprehensive information about possible chemical hazards in communities. Does the Emergency Planning and Community Right-to- Know Act apply to my community? Yes, the chemicals in your community may pose a threat to citizens and to those individuals being asked to respond to emergencies involving hazardous substances. All facilities, including government facilities, in your community storing certain hazardous chemicals (exceeding specified quantities) must provide informa- tion to government agencies and local communities. Also, if there is a chemical incident which results in the release of any one of a large number of hazardous substances, immediate notification must be made to governmental agencies. The law provides stiff penalties for facilities that do not comply, and it allows citizens to file lawsuits against companies and government agencies to force them to obey the law. What are the requirements under this law? The law, passed in October 1986, had many requirements and deadlines associated with its passage. For example, governors were required to establish State Emergency Response Commissions (SERCs); facilities subject to emergency planning requirements were required to notify their state commissions; and SERCs were required to appoint Local Emergency Planning Committees (LEPCs). LEPCs were required to analyze hazards and develop a local emergency plan to respond to chemical emergencies in each local district. Additionally, the LEPC must exercise, review and update the plan annually, informing the public of these activities. The LEPC has other responsibilities besides developing an emergency response plan. It receives emergency release and hazardous chemical inventory information submitted by local facilities and must make this information available to ------- Title HI requires owners and operators of facilities storing specified hazardous substances to report to the LEPC within 60 days. When facilities provide the information required by the Act to local officials, small communities can better prepare themselves for chemical emergencies. If the Emergency Planning and Community Right-to-Know Act applies, what should I do? As a local official you should insist on complete planning and adequate preparation for an emergency. Review the membership list of your Local Emer- gency Planning Committee (LEPC). Make sure it is fully representative of the community and includes individuals from citizen groups, fire departments, public institutions (hospitals, schools, state and local governments), medical facilities, industry, business and farmers. It is important not only to participate in emergency planning, but to also communicate with the public. Become familiar with the law so that you will know what tools are being made available to the community to better assess and manage risks present within the community. Identify what needs to be done at the local level to better prepare the response community to more effectively deal with and prevent chemical emergen- cies. Additional Information Regional Contact: State Contact: Toxic Substances Control Section Air and Toxics Division EPA Region 7 726 Minnesota Ave. Title IE Program Nebraska DEQ Suite 400, 1200 N St., The Atrium Lincoln, NE 68509-8922 1-402-471-4230 Kansas City, KS 66101 1-913-551-7020 ------- CROSS MEDIA PROGRAMS ASBESTOS Schools - Public and Private Nonprofit ~ ~ ~ ~ On October 22, 1986, the President signed the Asbestos Hazard Emergency Response Act (AHERA) into law. The Act required EPA to develop regulations creating a comprehensive framework for addressing asbestos hazards in schools. The Act required EPA to construct a model accreditation program for individuals who conduct inspections for asbestos, develop management plans and perform abatement work. Asbestos is also regulated under the authority of the National Emission Standards for Hazardous Air Pollutants in the Clean Air Act. Other provisions of AHERA require all public and private elementary and secondary schools to conduct inspections for asbestos-containing building materi- als, develop management plans and implement response actions in a timely fashion. Specifically, each local education agency (or LEA, which means a public school district or private nonprofit school) must do the following: -Designate and train a person to oversee asbestos-related activities in the LEA (designated person). - Inspect every school building for both friable and nonfriable asbestos containing building materials. - Prepare a management plan for managing asbestos and controlling exposure in each school and submit that plan to the appropriate state agency. The plan should include a time frame for implementation of recommended actions. - Use only properly accredited persons to conduct inspections and develop the asbestos management plan. Accredited personnel must also conduct the required triennial reinspections. - Provide custodial staff and short-term workers with information about the location of any asbestos-containing materials. Post warning labels as re- quired. - Survey all locations of asbestos-containing materials every 6 months for any damage. Take appropriate steps to repair or replace damaged materials. - Provide custodial and maintenance staff with two hours of awareness training and an additional 14 hours of training for employees whose duties may cause them to disturb asbestos. ThiiAdditional training must include proper work practices and the use of protective equipment when disturbing asbestos containing materials. - Notify parents, teachers and other school employees about the asbestos ------- - Utilize properly accredited individuals to design and conduct asbestos abatement actions that are necessary and appropriate to protect health and the environment. These actions or methods must be documented in the management plan. - Keep records of all asbestos-related activities in the plan and make them available for public review. Management plans were submitted to State agencies on or before May 9, 1989, as mandated by the provisions of AHERA. LEAs were required to begin implementa- tion of their management plans by July 9, 1989. LEAs are required to update and maintain management plans to reflect activities with ongoing operations and mainte- nance, periodic surveillance, inspection, reinspection and response action activities. All Buildings In 1971 the Administrator of the EPA determined that asbestos presents a significant risk to human health and is therefore a hazardous air pollutant. The National Emission Standards Hazardous Air Pollutants (NESHAP) for asbestos, promulgated under section 112 of the Clean Air Act, specifies emission control requirements for the milling, manufacturing and fabricating of asbestos; for demolition and renovation activities; and for the handling and disposal of asbestos- containing waste materials. The NESHAP requires that each owner or operator of a demolition or renovation activity thoroughly inspect the affected facility or pan of the facility for the presence of asbestos including Categories I and II nonfriable asbestos before commencement of the demolition or renovation. Private residences of four units or less are exempt from the NESHAP. Under the NESHAP, all demolitions require notification to the appropriate regulatory agency, including facilities containing no asbestos. Work practice proce- dures, waste disposal requirements, and recordkeeping provisions apply to those demolition operations where the amount of regulated asbestos-containing material (RACM), as defined in Section 61.141, when measured, meets or exceeds 260 linear feet on piping, 160 square feet on other facility components, or 35 cubic feet of asbestos-containing material that has already been stripped or removed and placed in containers or left on the floor or ground. Under the NESHAP, renovation operations, including nonscheduled operations, require notification to the appropriate regulatory agency, as well as compliance with work practice procedures, waste disposal requirements, and recordkeeping provisions where the amount of RACM, when measured, Tneets or exceeds 260 linear feet on piping, 160 square feet on other facility components, or 35 cubic feet of asbestos- containing material that has already been stripped or removed and placed in containers or left on the floor or ground. ------- The NESHAP requires at least one representative trained in the provisions of this regulation be on site during any stripping, removal, or handling of RACM. The AHERA contractor/supervisor course meets the NESHAP training requirements. Persons who inspect for asbestos-containing material in public or commercial buildings, or who design or conduct response actions in these buildings, must be accredited through state or EPA-approved training under AHERA. The NESHAP requires notification be submitted at least 10 working days before any asbestos stripping, removal, or any other activity begins that would otherwise disturb the asbestos material. Public Employers Employers of public employees who are engaged in asbestos abatement projects must comply with provisions of the Asbestos Abatement Projects Worker Protection Final Rule, designed to protect their workers from friable asbestos- containing materials. Employers are required to conduct air monitoring, utilize specified engineering controls and work practices, provide medical surveillance of the employees, and submit prior notification to EPA Region VTTs Regional Asbestos Coordinator. What help is available? Schools - Public and Private Nonprofit Under the Asbestos School Hazard Abatement Act (ASHAA) program, EPA provides financial aid to eligible schools in the form of an interest-free loan, grant, or a combination of both, for the purpose of abating friable asbestos-containing building materials. How do I obtain more information? Under AHERA, LEA's afford citizens the opportunity to become familiar with asbestos activities in their respective school districts. The initial point of contact to obtain information on asbestos activities should be the LEA designee. This individual is most familiar with the asbestos situation in your school. Additionally, state AHERA designees and local, state, and national parent and teacher organizations are ------- Additional Information EPA Toxic Substances Control Act (TSCA) Hotline 1-202-554-1404 ASHHA Asbestos Hotline (Schools) 1-800-462-6706 "Managing Asbestos in Place, A Building Owner's Guide to Operations and Maintenance Programs for Asbestos-Containing Materials" "The ABC's of Asbestos in Schools" "100 Commonly Asked Questions About the New AHERA Asbestos-in- Schools Rule" For the following information, please call the EPA Region 7 office contact 40 CFR 61 National Emission Standard for Hazardous Air Pollutants; Asbestos NESHAP Revision; Final Rule "The Asbestos Informer" "Asbestos/NESHAP Adequately Wet Guidance" "Asbestos/NESHAP Regulated Asbestos-Containing Materials Guidance" "Reporting and Recordkeeping Requirements for Waste Disposal" "Common Questions on the Asbestos NESHAP" "A Guide to the Asbestos NESHAP As Revised November 1990" Regional Contact: State Contact: Asbestos Control Program Air and Toxics Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7020 Asbestos Control Program Nebraska Dept. of Health 301 Centennial Mall South - 3rd floor Lincoln, NE 68509-5007 1-402-471-0904- ------- CROSS MEDIA PROGRAMS INDOOR RADON Radon is a naturally occurring radioactive gas that comes from the natural breakdown (radioactive decay) of uranium in soil, rock and water. Radon moves up through the ground to the air above and into homes and other buildings through cracks or holes in the foundation, and other entry points. The home acts to trap radon gas, especially when the home is closed, increasing indoor radon levels. Most soils contain varying amounts of uranium, and, therefore, elevated radon levels have been found in homes, schools and buildings throughout the U.S. Exposure to high radon levels is dangerous. The health hazard from radon arises from inhaling its radioactive decay products. The Surgeon General has warned that radon is the second leading cause of lung cancer in the U.S. today. For persons who smoke, the health risk of inhaling radon is especially high. The EPA has established an action level for indoor air radon levels of 4 pCi/1 (picocuries per liter). Nearly one out of every 15 homes in the U.S. are estimated to have radon levels that exceed the action level. The EPA has established testing procedures for testing homes, schools and buildings. These procedures are described in various radon documents that are available from the EPA or the state contact. In 1988, Congress enacted the Indoor Radon Abatement Act (IRAA) with the goal of reducing indoor radon levels to radon levels found in outside air. Among other provisions, IRAA provided funds for state governments to establish radon programs and to assist local governments and communities in encouraging residents to test for radon and mitigate elevated radon levels. IRAA also required EPA to develop a national description of radon levels in homes and schools throughout the country. To date, 42 states and seven Indian Nations in conjunction with the EPA have conducted radon residential surveys to characterize statewide radon distributions. Additionally, about 1,200 schools were tested in the winter of 1991. Results of the National School Radon Survey are available from the EPA. IRAA also required the EPA to develop a program to evaluate radon mitigation contractors and radon measurement labs. In response, the EPA established four regional radon training centers to train radon professionals. The EPA also developed a national proficiency exam to test the knowledge of radon contractors. Contractors who pass the exam are listed on the Radon Contractor Proficiency (RCP) list. The EPA also established the Radon Measurement Proficiency (RMP) Program. This program tests and evaluates the accuracy of firms that supply radon test devices. Those that pass the program are included on the RMP list. ~ ~ ~ ~ ------- Does the radon program apply to my community? Local communities, in concert with state governments, play a vital role in reducing the public health risk of radon. It is very likely that there are homes, day care centers, schools or commercial buildings in your community that have elevated indoor air concentrations of radon. Currently, most radon-related policies are non-regulatory. EPA, state and local governments have focused their energies toward educating the public about the health risk of radon and encouraging voluntary testing of homes and buildings. Some states, however, have developed radon regulations, including certification of radon professionals and mandatory testing of alLpublic schools. Additionally, model building codes for new construction have been developed that may be incorporated into the building codes of local jurisdictions. Finally, Congressional attention has been directed toward required radon testing during real estate transactions that involve federal agencies, such as FHA or HUD. Local governments can act to protect their residents from radon in several ways. First, by developing radon education and outreach programs; second, by adopting radon-resistant building codes for new construction, such as the model codes; third, by encouraging voluntary testing in local communities; fourth, by ensuring that local radon contractors are RCP-listed or state-certified; and finally, by working in conjunc- tion with the state radon office and community organizations such as, the American Lung Association, to elevate local attention to this important health risk. Additional Information Regional Contact: Radon Program Air and Toxics Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913- 551-7020 State Contact: Radon Program Nebraska Dept. of Health 301 Centennial Mall South - 3rd Floor Lincoln, NE 68509-5007 1-402-471-0904 Radon Measurement Proficiency Program Research Technical Information Service Research Triangle Institute Research Triangle Park, NC 27709 1-919- 541-7131 Radon Contractor Proficiency Program Midwest University Radon Consortium 1985 Buford Ave. St. Paul, MN 55108 1-612- 624-8747 ------- MFn'A PRnaRAMS PESTICroES ~ ~ ~ ~ Few chemicals have had as much impact or been the subject of as much controversy in recent decades as pesticides. The Environmental Protection Agency has the authority to regulate pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug and Cosmetic Act. Under FIFRA, EPA has the authority and responsibility for regulating pesticide registration, production, sale, distribution, and use. No pesticide may legally be sold or used in the United States unless it has been registered by the EPA and bears an EPA registration number. EPA also has the authority to suspend or cancel the registration of a pesticide. All pesticides must have a label. The label includes instructions for use, storage and disposal of containers. The label, together with any literature to which it refers, has the force of law. The pesticide that stays in or on farm products or processed foods is called a residue. EPA regulates the safety of the food supply by setting limits for pesticide residues on food and animal feed available for sale in the United States. Issues currently being dealt with in the pesticide program include agricultural workers' and pesticide handlers' safety, applicator certification and training, state enforcement, pesticides in groundwater, and endangered species. With regards to agricultural workers' and pesticide handlers' safety, EPA proposed new Worker Protection Standards in 1988. These standards were published as final regulations on August 13, 1992. These standards, which were in response to a significant number of pesticide poisonings occurring every year, strengthened earlier protection provisions, reduced risks of exposure, and extended coverage to additional handlers. Currently there are about 100 active ingredients federally registered which are classified as restricted use. Pesticides containing these active ingredients can only be applied by, or under the direct supervision of, a certified applicator. With the exception of Nebraska, all the states in Region 7 conduct an applicator training and certification program; EPA administers the certification in Nebraska. ------- Efforts are under way to strengthen state training programs, particularly with respect to groundwater protection, worker protection and endangered species protection. EPA has prepared a Pesticides in Groundwater Strategy to address risks of groundwater contamination by pesticide chemicals. EPA is required under the Endangered Species Act, to protect listed species and their habitat from the effects of pesticides. In 1989, EPA proposed an Endangered Species Protection Program to accomplish this. Additional Information U.S. EPA, FIFRA Amendments of 1988; Schedule of Implementation. 54 Federal Register 18078 (April 26, 1989). Regional Contact: State Contacts: Pesticide Program Air and Toxics Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913- 551-7020 Nebraska Dept. of Agriculture P. O. Box 94947 Lincoln, NE 68509-4947 1-402-47 l-2yiM ------- CROSS MEDIA PROGRAMS TOXICS - PCB'S The Environmental Protection Agency was required by Congress under Section 6(e) of the Toxic Substances Control Act (TSCA) (Public Law 94-469, October 11, 1976) to promulgate rules for the marking, storage and disposal of Polychlorinated Biphenyls (PCBs). Virtually every municipality and utility in the U.S. is, or has been, in possession of regulated PCB equipment. Manufacturers inadvertendy con- taminated about twelve percent of the mineral oil filled electrical equipment in use prior to 1976 by using the same pumps and lines to fill their premium PCB equipment and their mineral oil equipment. Dielectric fluid less than 50 part per million (ppm) PCBs is considered "Non- PCB," but disposal is regulated by some states. Fluid from 50-499 ppm is "PCB contaminated" and is regulated. Fluid at 50 ppm or greater is considered "PCB" and is highly regulated. SciO EPA intends to allow use of contaminated and PCB equipment for the re- mainder of its useful life as long as the equipment is properly monitored and maintained. Additional Information PCB Regulations; 40CFR, Pan 761. Regional Contact: Toxic Substances Control Section Air and Toxics Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7020 ~ ~ n n ------- AIR & WASTE MANAGEMENT PROGRAMS Hlj CLEAN AIR ACT AMENDMENTS Will the Clean Air Act Amendments apply to my community? The goal of the Clean Air Act Amendments is to reduce pollution by 56 billion pounds a year. This reduction will generally come from cutting emissions in large urban areas, however, there may be some impacts on small communities. Implemen- tation of the Act will require the regulation of small businesses in order to attain and maintain the national air quality standards and control air toxic emissions. To be eligible for technical and environmental compliance assistance under the Clean Air Act Amendments, a small business stationary source must meet the following criteria: a. Owned or operated by a person employing 100 or fewer individuals; b. A small business under the Small Business Act; c. Not a major stationary source (emit less than 100 tons/year); d. Does not emit 50 tons per year or more of any regulated pollutant; and e. Emitting less than 75 tons per year of all regulated pollutants. These small businesses frequently lack the technical expertise and financial resources necessary to evaluate state regulations and determine the appropriate mechanisms for compliance. The Act provides for the design of a program to render technical assistance and compliance information to small businesses. Actions your community should be taking With regard to those regulations affecting small businesses, the state will designate a Small Business Ombudsman to represent small business to the appropriate governmental organizations. The state will also implement a Small Business Assistance Program. This program will collect and disseminate information on 1) determining applicable requirements under the Act and permit issuance, 2) the rights of small businesses under the Act, 3) compliance methods and acceptable control technologies, 4) pollution prevention and accidental release/prevention/detection, and 5) audit programs. In the event the State fails to appoint an Ombudsman or implement a Small Business Assistance Program, the EPA will assume those responsibilities. A small community should contact its state air pollution agency and the Re- gional EPA Small Community Coordinator prior to addressing significant air pollution issues. ------- Additional Information Regional Contact: State Contact: Air Program Air and Toxics Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7020 Public Advocate Nebraska DEQ Suite 400,1200 N St., The Atrium Lincoln, NE 68509-8922 1-404-471-0275 Small Community Coordinator: 1-913-551-7005 Clean Air Act Amendments Tide VIII- Miscellaneous Provisions Sec. 810. Impact on small communities ------- ATR PROGRAM _ Refrigerant Recycling and the Prohibition on Venting Under Section 608 of the Clean Air Act, EPA published proposed regulations on December 10,1992, that would: - Require service practices that maximbr. recycling of ozone-depleting com- pounds (chlorofluorocarbons [CFCs] and hydro-chlorofluorocarbons [HCFCs]) during the servicing and disposal of air conditioning and refrigeration equipment. - Set certification requirements for reclaimers and for recovery and recycling equipment. - Establish safe disposal requirements to ensure removal of refrigerants from goods that enter the waste stream with the charge intact (e.g., motor vehicle and room air conditioners and home refrigerators). Effective July 1,1992, section 608 of the Act prohibits individuals from knowingly venting ozone-depleting compounds used as refrigerants into the atmosphere. Only three types of releases are permitted under the prohibition: - Minute quantities of refrigerant released in the course of making good faith efforts to recapture and recycle or safely dispose of refrigerant. - Refrigerant emitted in the course of normal operation of air conditioning and refrigeration equipment such as from leaks and mechanical purging. - Mixtures of nitrogen and R-22 that are used as holding charges or as leak test gases because in these cases, the ozone-depleting compound is not used as a refrigerant Use of Approved Equipment Technicians repairing or servicing motor vehicle air conditioners must use either refrigerant recover/recycle or recover-only equipment approved by EPA. Most certified equipment will be labeled as "design-certified to SAE standards." A list of both types of approved equipment is available from EPA at the address at ------- Technician Training and Certification Technicians who repair or service motor vehicle air conditioners must be trained and certified by an EPA-approved organization. Training programs must cover the use of recycling equipment in compliance with the Society of Automotive Engineers (SAE) Standard J-1989, the regulatory requirements, the importance of refrigerant containment, and the effects of ozone depletion. A list of approved testing programs is available from EPA at the address at the end of this section. Safe Disposal Requirements Under EPA's proposal, equipment that is typically dismantled on site before disposal (e.g. retail food refrigeration) would have to have the refrigerant removed and recovered in accordance with EPA's requirements for servicing. However, equipment that typically enters the waste stream with the charge intact (e.g. motor and room air conditioners) would be subject to special safe disposal requirements. Under these requirements, the final person in the disposal chain would be respon- sible for ensuring that refrigerant is recovered from equipment before the final disposal of the equipment. Hazardous Waste Disposal If refrigerants are recycled or reclaimed, they are not considered hazardous under federal law. In addition, used oils contaminated with CFCs are not hazardous on the condition that: -They are not mixed with other waste. -They are subjected to CFC recycling or reclamation. -They are not mixed with used oils from other sources. Used oils that contain CFCs after the CFC reclamation procedure are, however, subject to specification limits for used oil fuels if these oils are destined for burning. Individuals with questions regarding the proper handling of these materials should contact EPA's RCRA Hotline at 1-800-424-9346. Additional Information: Radiation and Indoor Air Section Air and Toxics Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7020 1-800-223-0425 For information concerning regulations related to stratospheric ozone protection, please call: Stratospheric Ozone Hotline: 1- 800-296-1996 (10am-4pm EST, M-F, except federal holidays) ------- AIR^WASTEJIANAGEMENTPRQGRAM£ SUPERFUND PROGRAM As the 1970's came to a close, a series of stories gave Americans a look at the dangers of dumping industrial and urban wastes on the land. First there was New York's Love Canal. Hazardous waste buried for 25 years contaminated streams and soil, and endangered the health of nearby residents, who had to be evacuated. The dioxin-tainted land and water in Times Beach, Missouri also attracted attention. It became increasingly clear that there were large numbers of serious hazardous waste problems that were falling through the cracks of existing environmental laws. The magnitude of these emerging problems moved Congress to enact the Comprehensive Environmental Response, Compensation and Liability Act in 1980. CERCLA — commonly known as Superfund -- was established to deal with the dangers posed by the Nation's hazardous waste sites. Since the program began, hazardous waste has surfaced as a major environmental concern in every pan of the United S tates. It wasn't just the land that was contaminated by past disposal practices, chemicals in the soil were spreading into the groundwater and into streams, lakes and wetlands. Toxic vapors contaminated the air at some sites, while improperly disposed or stored wastes threatened the health or environmental resources of the surrounding community. Few realized the size of the problem until the EPA began the process of site discovery and evaluation. Thousands of potential sites existed. Congress directed EPA to set priorities and establish a list of sites to target. The sites on the National Priority List (NPL), almost 1300 in number, are the most complex and compelling cases of the entire inventory of potential hazardous waste sites. S uperfund responds immediately to sites posing imminent threats to human health and the environment at both NPL sites and sites not on the NPL. The purpose is to stabilize, prevent, or temper the effects of a release of hazardous substances, or the threat of one, into the environment. Imminent threats might include tire fires or transportation accidents involving the spill of hazardous chemicals. ------- The ultimate goal for a site on the NPL is a permanent solution; this requires a long-term effort. Nearly 1800 Superfund sites have been cleaned up, including 112 on the NPL. Superfund activities also depend upon local citizen participation. The EPA's job is to analyze the hazards and to deploy experts, but the Agency needs citizen input. Because people in the community where a site is located will be those most directly affected by the wastes and cleanup processes, EPA encourages citizens to get involved in cleanup decisions. Additional Information Regional Contact: Superfund Program Waste Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7052 State Contact: Superfund Section NEDEQ Suite 400, 1200 N St., The Atrium Lincoln, NE 68509-8922 1-402-471-3388 ------- AIR & WASTE MANAGEMENT PROGRA RCRA HAZARDOUS WASTE Hazardous waste is prevalent throughout all levels of commerce and industry. Wastes are identified as hazardous if they pose a potential danger to human health and/ or the environment when not properly treated, stored, transported, disposed, or otherwise managed. Potential dangers include explosions, fires, corrosive destruction of materials, chemical reactions, and/or health impairing exposure to toxic chemicals. The greater the quantity or concentration of chemicals exhibiting any of these dangers, the greater the need to assure their proper management In 1976, Congress enacted the Resource Conservation and Recovery Act (RCRA) as the primary regulatory vehicle to assure that hazardous waste is properly managed from the point of its generation to its ultimate disposal or destruction, i.e., "from cradle to grave." RCRA establishes a very complex and comprehensive set of requirements to define which hazardous waste is subject to regulation as well as the responsibilities of anyone who generates, transports, stores, treats, disposes or other- wise manages hazardous waste. At this time, waste generated by individual house- holds, many of which may still exhibit some of the dangers described above, are not subject to federal RCRA requirements. There are three categories of hazardous waste generators under the RCRA program requirements: -Full Generator - Facilities that generate more than 1,000 kilograms per month of any hazardous waste or more than one kilogram of any "acute" hazardous waste. A kilogram is approximately 2.2 pounds and 1,000 kilograms is approximately five, 55 gallon drums of material. A large quantity generator may accumulate waste on-site for up to 90 days. -Small Quantity Generator - Facilities that generate less than 1,000 kilo- grams per month of hazardous waste but more than 100 kilograms per month (approximately one half 55 gallon drum). Small quantity generators are given additional time for on-site accumulation of their waste, up to 180 days, or 270 days if the waste is sent more than 200 miles for off-site treatment, storage or disposal. -Conditionally Exemm Generator - Facilities that generate less than 100 kilograms a month o- any hazardous waste are conditionally exempt from the RCRA regulations. These facilities may generally dispose of their waste in accordance with state "solid waste" requirements such as those described under the Subtitle D program (Municipal Solid Waste Landfill Criteria) provided certain conditions are met. These conditions require the facility to perform hazardous determinations, limit the accumulation to a total of less than 1000 kilograms, and require the waste be handled in a manner authorized by the State. ------- Does the RCRA Program apply to my community? It is very likely that some types of hazardous waste are generated by businesses in your community or by your municipal facility operations themselves. Because hazardous waste includes things like solvents, corrosives, and materials containing heavy metals like chrome, cadmium, and lead. Even small businesses such as vehicle maintenance shops and dry cleaners often generate hazardous waste that may be subject to RCRA requirements. Any discarded material must be evaluated to determine if it has been listed by EPA as hazardous waste or if the waste exhibits any of the following characteristics: ignitablity, corrosivity, reactivity, or toxicity as determined by the Toxicity Characteristic Leaching Procedure (TCLP) test In addition to used materials which might be considered hazardous waste, you must also be careful with your management of products that no longer are wanted or needed, and you now wish to discard. Discards like leftover pesticides from grounds- keeping operations and old paint thinner, must be fully evaluated before you determine what you are going to do with the waste. EPA has identified several hundred chemical products which would also be considered "listed hazardous waste," if they are no longer used or needed for their intended purpose. Another area of possible concern for your community would be the operation of a trash collection system and/or a landfill. Normally, because household wastes are currently exempt from RCRA regulation, municipal landfills are regulated under a program referred to as the "Subtitle D Municipal Solid Waste Landfill Criteria" which is intended to insure proper management of the municipal landfill. However, the addition of commercial waste materials collected and/or co-disposed with the household materials might trigger RCRA jurisdiction over the entire facility. Timetable RCRA regulations were first published in 1980 and are constantly amended to add new wastes subject to the program. Once you determine that you are a handler of hazardous waste (i.e., either generating, storing, transporting, etc.), you must notify EPA and/or the State Hazardous Waste Office of your activity and receive an EPA RCRA identification number. Different timetables and responsibilities apply to the different activities. Generators may accumulate waste on-site for up to 90 days without triggering a requirement to obtain a storage permit. Other storage periods may apply depending on the amount of hazardous waste generated in any given month. For more information, contact the departments at the endof this section. Securing a permit authorizing the treatment, storage, or disposal of hazardous waste is a veiy expensive and lengthy process. ------- Additional Information: Regional Contact: RCRA Program Waste Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7051 RCRA Section Nebraska DEQ Suite 400, 1200 N Sl, The Atrium Lincoln, NE 68509-8922 1-402-471-4217 RCRA Regulations 40 CFR Parts 260-272 RCRA Hotline 1-800-424-9346 ------- AIR & WASTE MANAGEMENT PROGRAMS SUBTITLE D MUNICIPAL SOLED WASTE^^^ LANDFILL CRITERIA Municipal Solid Waste is a non-hazardous waste generated at residences, commercial establishments, industrial establishments and institutions. Municipal solid wastes include durable goods (appliances, furniture, etc.), nondurable goods (newspapers, clothing, etc.), containers and packaging (boxes, bottles, etc.), food and yard wastes, and miscellaneous inorganic wastes (stones, pieces of concrete, etc.). The Municipal Solid Waste Landfill Criteria (MSWLFC) were published on October 9,1991 in the Federal Register, and will go into effect October9, 1993. The purpose of the Criteria is to set minimum national performance standards which will protect human health and the environment. The MSWLFC set location restrictions, operating criteria, design criteria, groundwater monitoring and corrective action standards, closure and post closure requirements, and financial assurance require- ments. Do the MSWLFC apply to my community? The MSWLFC apply to all new, existing, and lateral expansions to municipal solid waste landfills which receive waste on or after October 9,1993. In July 1993, the U.S. EPA proposed to extend the effective date of this rule to April 9, 1994 for all landfills receiving less than 100 tons of solid waste per day (daily average). EPA also proposed to extend the effective date for all "small landfills" until October 9,1995, if the landfills are located in areas that receive less than 25 inches of rain per year. On that date, all landfill standards become applicable except the design standards. If groundwater contamination is ever discovered at the site, the design standards also ------- Action your community should be taking - For those communities with a landfill, be prepared to either not accept waste, or upgrade to meet the Criteria by the applicable deadline, either October9,1993, April 9, 1994, or October 9,1995. For those communities without a landfill, be prepared to pay more for disposal. - Develop community education programs to encourage recycling and waste reduction. - Plan and prepare solid waste management and disposal options such as composting of tree and yard waste, and establishing household hazardous waste collection sites. Additional Information Regional Contact: Solid Waste Program Waste Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7051 RCRA Hotline: 1-800-424-9346 State Contact: Integrated Waste Management Section Nebraska DEQ Suite 400, 1200 N St, The Atrium Lincoln, NE 68509-8922 1-402-471-4210 40 CFR Pan 258, regulations under RCRA Subtitle D, Criteria for Municipal Solid Waste Disposal Facilities. ------- WATER PROGRAMS WATER AND WETLANDS PROTECTION The Environmental Protection Agency (EPA), in partnership with state and local governments, is responsible for restoring and maintaining the chemical, physical and biological integrity of the nation's waters. Because of the value of wetlands as an integral part of those waters, EPA is also charged with protecting wetland resources. The major federal regulatory tool for this is Section 404 of the Clean Water Act, which is jointly administered by the U.S. Army Corps of Engineers and EPA. Section 404 establishes a permit program to regulate the discharge of dredged or fill material into waters of the U.S., including most wetlands. Failure to obtain a permit or to comply with the terms of a permit can result in civil and/or criminal penalties. The U.S. Fish and Wildlife Service has an important advisory role in the permit review process. Waters of the U.S. include lakes, streams, riven, wetlands and coastal waters. Wetlands are areas which are saturated or flooded for varying periods of time during the growing season. Because of the presence of water, there is a prevalence of aquatic or hydrophytic vegetation, such as that found in swamps, marshes, bogs and similar areas. Besides providing fish and wildlife habitat, wetlands also improve water quality by acting as filters, offer flood protection, buffer shorelines against erosion, and provide areas for recreation. 46 Additional Information: Regional Contact: Wetlands Program Office of Planning and Management EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7042 State Contact: Surface Water Section Nebraska DEQ Suite 400,1200 N St., The Atrium Lincoln, NE 68509-8922 1-402-471-4700 ------- For Missouri River and Adjacent Wetlands: Corps of Engineers, Omaha District Regulatory Branch 215 North 17th St. P.O. Box 5 Omaha, Nebraska 68101-0005 1-402-221-3059 Additional Information The Gean Water Act (33 U.S.C. 1251 to 1387) National Environmental Policy Act (42 U.S.C. 4321 to 4370c) Fish and Wildlife Coordination Act (16 U.S.C. 742a to 742m) River and Harbor Act of 1899 (33 U.S.C. 403,406,407, and 411) The Endangered Species Act (16 U.S.C. 1531 to 1544) Regulations of the U.S. Army Corps of Engineers (33 C.F.R. 320-330). Regulations of the U.S. Environmental Protection Agency (40 CF.R. 230, also known as the 404 (b) (1) guidelines). Executive Order 11990 (May 24, 1977) 3 C.F.R., 1977 Comp. pp. 121-123. The Wetlands Protection Hotline: 1-800-832-7828 9-5:30 (EST) M-F, excluding Federal holidays. ------- WATER PROGRAMS DRINKING WATER In Nebraska, the Department of Health has primary responsibility for implement- ing the Federal Safe Drinking Water Act. State rules may differ from the federal requirements. Any questions about a drinking water supply's particular situation should be addressed to the State contact. 6 Regional Contact: Drinking Water Program Water Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7032 State Contact: Division of Drinking Water and Environmental Sanitation Nebraska DOH 301 Centennial Mall South Lincoln, NE 68509 1-402-471-2541 Reporting Requirements: The Federal and State regulations require public water systems to make certain r eports and keep certain records. Please contact the State if you have any question about the reports required or their format. Helpful Terms (As defined by the National Primary Drinking Water Regulations): Public Water Supply (PWS) - A system for the provision to the public of water for human consumption, if the system has at least 15 service connections, or regularly serves an average of at least 25 individuals daily, at least 60 days out of the year. Community water system - A PWS which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Transient non-community water systems - A PWS that serves at least 25 mobile or transient consumers at locations such as highway rest stops. Non-transient, Non-community water systems - A PWS that serves at least 25 of the same persons over 6 months of a year (e.g., schools, factories,etc.). ------- Additional Information: -The Safe Drinking Water Act. -National Primary Drinking Water Regulations, 40 CFR Pan 141. -National Secondary Drinking Water Regulations, 40 CFR Part 143. The Safe Drinking Water Hotline: 1-800-426-4791, 9-5:30, (EST) M-F, excluding Federal Holidays ------- WATER PROGRAMS BS ¦ DRINKING WATER INORGANIC CHEMICALS Inorganic Chemicals OOCs) are elements or compounds found in water supplies and may be natural in the geology or caused by activities of man through mining, industry, agriculture, etc. It is common to have trace amounts of many IOCs in water supplies. Amounts above the Maximum Contaminant Levels (MCLs) may cause a variety of damaging effects to the liver, kidney, nervous system, circulatory system, blood, gastrointestinal system, bones, or skin depending upon the IOC and level of exposure. Some IOCs are more damaging to infants and pregnant women. Because of some special aspects of the rules for asbestos, lead and fluoride, separate pages are prepared for them in this booklet. Do the IOC regulations apply to my community? Yes. Prior to the 1986 Safe Drinking Water Act, there were 10 regulated IOCs. Additional IOCs have been added with the Phase II and Phase V regulations, which are described in the following paragraphs. Timetable (for revisions to regulations) New Federal regulations called Phase II were finalized January 30, 1991, and became effective on July 30,1992. They added two new IOCs, asbestos and nitrite, and changed the MCLs for four of the current IOCs. Silver is now a secondary MCL. As a result of this regulation non-transient non-community (NTNC) and community Public Water Supplies (PWSs) will be required to test for IOCs, and all PWSs (community , transient non-community and non-transient non-community) will be required to test for nitrate at least annually, and one time for nitrite. A new monitoring framework was proposed for this rule to standardize moni- toring for all the new regulations. The standardized monitoring framework (SMF) is comprised of a nine-year cycle, called a compliance cycle, and three, three-year periods called compliance periods. For example, a groundwater PWS would have to test for IOCs sometime in the first compliance period (January 1,1993 - December 31, 1995). This regulation allows PWSs to get waivers from monitoring. A waiver either eliminates or reduces monitoring. A PWS with a waiver for IOCs would need to sample once each compliance cycle, or once every nine years. ------- Additional new Federal regulations called Phase V were finalized on July 17, 1992, and added six new IOCs. These rules will become effective January 17,1994. Public water supply systems with 150 or more service connections are required to begin monitoring for the Phase V contaminants in the January 1, 1993 through December31,1995 time period. A PWS with less than 150 service connections could wait until the January 1,1996-December 31,1998 compliance period. A PWS would be allowed to appiy for a waiver after three monitoring rounds if the new IOCs were not detected. Again, a waiver for IOCs would reduce sampling to once every nine years. EPA may be expected to add an IOC to the regulated list and may change some MCLs of IOCs as new research clarifies levels of contamination considered hazardous. (Most IOCs are tested from the same sample requiring no additional work and little additional cost for the community.) New sampling requirements for nitrates will be annually for surface water and groundwater supplies (one time for nitrites). These frequencies may be reduced or increased by the State based upon the levels of nitrate/nitrite found. The new sampling requirements begin January 1, 1993. EPA does not allow waivers for nitrates. Therefore, PWSs can expect to sample at least annually. MCLs The following page lists the MCLs for IOCs. If you exceed any of the MCLs -Test quarterly. -Notify the State and complete Public Notices as required. -Work with the State and/or your engineer to determine the best way to reduce the level of the contaminate in your water supply. Consider a variety of options.. In addition to a new treatment process, you may need to consider improving your present treatment process, mix your contaminated supply with another supply that does not exceed the MCL, or obtain a new source of water. ------- Additional Information The Federal rule for IOCs is contained in 40 CFR 141.23 and 141.62. Maximum Contaminant Levels for IOC's Contaminants MCL (Pre-1986 and Phase II) Arsenic Barium Cadmium Chromium Lead Mercury Selenium Nitrate (As N) Fluoride Asbestos Nitrite (As N) Combined Nitrate & Nitrite (As N) 0.05 mg/1 (Currently under review) 2 mg/1 0.005 mg/1 0.1 mg/1 refer to section on lead and copper 0.002 mg/1 0.05 mg/1 10 mg/1 4.0 mg/1 7 million fibers/1 (> lOmicrometers in length) 1 mg/1 10 mg/1 Monitoring is required in the January 1, 1993 through December 31, 1995 dme period. MCL: Phase V Effective January 17, 1994 Antimony 0.006 mg/1 Beryllium 0.004 mg/1 Nickel 0.1 mg/1 Sulfate deferred Thallium 0.002 mg/1 Cyanide 0.2 mg/1 Monitoring is required in the January 1, 1993 through December 31, 1995 rime period for PWSs with 150 or more service connections. Monitoring is required in the January 1, 1996 through December 31, 1998 time period for PWSs with less than 150 service connections. ------- WATER PROGRAMS DRINKING WATER ASBESTOS Asbestos is an inorganic chemical that occurs naturally and has been used in the manufacture of a number of products used in the construction industry. Inhaled asbestos fibers have been identified as causing cancer. Asbestos fibers ingested through drinking water are suspected as a cancer causing agent. Asbestos occurs naturally in a few water supplies and may occur by a corrosive action on asbestos cement (AC) pipe contained in a water system. Do the Asbestos regulations apply to my community? Yes, if you are a community or non-transient non-community (NTNC) public water supply, the asbestos regulations apply to you. Since your state agency has a waiver program, a vulnerability assessment may be performed on your system. If the State determines that asbestos is not likely to occur in your water source, and you do not have asbestos cement pipe, your system may be designated as non-vulnerable and be granted a waiver. A PWS that is granted a waiver will not have to monitor for asbestos. If your system does have AC pipe and your water is non-corrosive, you also may be classified as non-vulnerable and eligible for a waiver. If a waiver is not granted, you will have to monitor for asbestos once every nine years. Timetable An MCL for asbestos was finalized as of January 30, 1991. If your PWS is vulnerable for asbestos in the water, you will have to take one sample within the first compliance period of each compliance cycle (1993-96). MCLs The MCL for asbestos is 7 million fibers/liter (longer than 10 micrometers). If your system is required to test for asbestos and it has asbestos cement pipe, the sample will be taken at a consumer's tap. If your system has asbestos in the source water only then test at the entry point to the distribution system representative of the source. If your first test exceeds the MCL, you may wish to take a confirmation sample. Compliance will be based on the average of the two. If the sample is still over the MCL, then quarterly testing is required. Actions your community should be taking -Cooperate with the State in terms of performing initial monitoring, applying for a waiver, and/or performing a vulnerability assessment. -34- ------- If your tests indicate levels of asbestos higher than the MCL, you are in violation of the MCL. You should: -Test quarterly. -Notify the State and complete Public Notices as required. -Work with the State and/or your engineer to determine if asbestos is in your source water and/or is being leached from your asbestos cement pipe. Plan a corrective action. -If asbestos is in your water source, it may be removed with coagulation/ filtration or direct and diatomite filtration. Corrosion control is used to reduce leaching of fibers from asbestos cement pipe. Other important considerations EPA proposed (in 1986) under the Toxic Substance Control Act to ban the manufacture of many asbestos products including asbestos cement pipe. There is no plan to call for the removal of existing pipe, but a water system may need to provide for corrosion control if there is asbestos cement pipe in their system. More important may be the need to plan for materials and procedures to repair existing asbestos cement pipe in the future. The greatest risk related to asbestos cement pipe is to the maintenance worker who is repairing or otherwise coming into contact with the pipe. Inhaling the dust (fibers) from cutting the pipe is particularly hazardous. The Occupational Safety and Health Administration (OSHA) of the Department of Labor has published rules concerning occupational exposure to asbestos. If you work with asbestos cement pipe in your community, contact your state Department of Labor for information on these rules. Additional Information The Federal rule for Asbestos is contained in 40 CFR 141.23 and 141.62. Federal rule of OSHA on Occupations Exposure to Asbestos is contained in 29 CFR 1910 and 1926. ------- WATER PROGRAMS DRINKING WATER FLUORIDES Fluorides are compounds that contain an ionic form of the element fluorine. Fluorides occur naturally in many water sources and are added in the treatment process by many public water systems. Fluorides in amounts between 1.0 and 1.1 mg/1 have beneficial effects in reducing tooth decay. Amounts above 4.0 mg/1 may cause bone and skeletal changes. Amounts greater than 2 mg/1 can cause discoloration of teeth. Does the Fluoride regulation apply to my community? Yes, all community PWS must test for fluoride every three years (groundwater) or every year (surface water) unless the water is fluoridated (fluoride added by the PWS owner); in which case, monthly testing is required. Timetable (for revision of regulations) Testing for fluoride was required prior to the 1986 SDW A (S afe Drinking Water Act) Amendments. The new regulations on fluorides continue the testing requirement of every three years for groundwater supplies and every year for surface water supplies. (Usually done with the routine testing for other regulated inorganic chemicals (IOCs).) Waivers from fluoride monitoring, as for other IOCs, are possible. A new MCL was set in the final rules published on April 2,1986 and became effective in October 1987. MCLs MCL = 4.0 mg/1 (secondary standard suggested level = 2.0 mg/l). If your tests show levels less than the 2.0 mg/1, your community needs to do nothing about fluoride. Plan your next routine test in one or three years. Actions your community should be taking If your tests indicate fluoride levels between 2.0 and 4.0 mg/1, you should check with the State and/or consulting engineer to see if any changes in operations can be made to lower the fluoride level. As this is not an MCL violation, immediate action is not required, but planning should be undertaken to reduce levels below 2.0 mg/1. The State may require more frequent sampling to monitor the fluoride level. Public notice is required for levels between 2.0 and 4.0 mg/1. The mandatory text of this notice is given in Section 143.5 of the National Secondary Drinking Water Regula- tions. -36- ------- If your tests indicate Fluoride levels above 4.0 mg/1, you are in violation of the MCL, and you should: -Contact the State. They will assist you to form the contents of a public notice you are required to give your customers. (See Public Notifica- tion section.) -Work with the State and/or engineer to plan for a change in your water supply and/or treatment system to lower the fluoride levels. -Continue regular testing, as suggested or required by the State to monitor fluoride levels while you are working on solutions. Notify the public periodi- cally, as required. Solutions to fluoride MCL violations for very small water systems usually involve finding and using a new water source or mixing existing sources to reduce the fluoride level. Removing fluoride through treatment can be cost prohibitive for very small systems. Additional Information The Federal rule for fluoride is contained in 40 CFR 141.23 and 141.62. "Removal of Excess Fluoride in Drinking Water," "Fluoridation Engineering Manual," EPA, available from the Safe Drinking Water Hotline: ------- WATER PROGRAMS DRINKING WATER LEAD MATERIAL BAN Lead is a metal which, in the past, has been used for water supply pipe, joints in other pipe materials, and in alloy with other metals as solder in joining copper pipe and in the manufacture of water supply fixtures. Lead has been identified as a cause of central and peripheral nervous system damage, kidney effects, and can be highly toxic to infants and the developing fetus of pregnant women. Lead in plumbing materials may be leached into drinking water by corrosive water. Does the Lead Material Ban apply to my community? Yes, the use of solder containing more than 0.2% lead in the installation of new plumbing in customers' facilities that are connected to the public water supply is banned. Also, pipes and pipe fittings may not contain more than 8.0 % lead. The law applies only to plumbing which distributes drinking water and does not require the removal of existing lead pipes or solder. Timetable On October 28, 1987, specific public notice requirements were published as a final Federal rule. MCLs There is no MCL involved in the Lead Material Ban. See the section on Lead and Copper for additional information. Actions your community should have completed -Complete a plumbing materials inventory in cooperation with the State. -Complete a set of tests (under the instructions of the State) to identify the corrosion related factors in your water supply. -Publish a notice about the lead ban and the information on corrosiveness for the information of your customers. (This was to have been completed by June 19, 1988.) -Consider adopting an ordinance or rule prohibiting the use of lead materials in any new plumbing that is connected to your water system. In Iowa, a statewide plumbing code has met this requirement in incorporated communi ties If your community has adopted one of the national plumbing codes, or are pan of a jurisdiction that has adopted a code, these codes have all been amended to include the lead materials ban. *6 ------- Actions your community should now be taking -Inform customers involved in new construction or the replacement of plumbing that the lead materials ban is in effect for your water system. (Requiring a simple permit and inspection of new plumbing is one way some communities carry out this information requirement.) -Make information available to your customers on the actions they can take to reduce lead levels in the water they consume in their own home. -If your water supply is very corrosive, contact your state agency and/or your community's engineer to plan for ways you can reduce the corrosive impact of your water on the lead that may be contained in customers' plumbing. -If you have lead pipe or fixtures in your distribution system, consider replacement with non-lead materials. Leaded joints in old cast iron or other pipe are not believed to leach significant amounts of lead into the water. Replacement is not required by the Lead Ban but may be required for systems that continue to exceed the lead or copper action levels under the Lead Copper Rule. Additional information The statute for the Lead Material Ban is contained in the Federal Safe Drinking Water Act, Section 1417(a)(1) & (2). "Lead and Your Drinking Water," EPA, available from the National Safe Drinking Water Hodine: 1-800-426-4791. "The Lead Ban: Preventing the Use of Lead in Public Water Systems and Plumbing Used for Drinking Water," EPA,~Available from the National Safe Drinking Water Hodine: 1-800-426-4791. ------- WATER PROGRAM DRINKING WATER LEAD AND COPPER Lead and copper are inorganic chemicals that are occasionally found in water supplies and are frequently leached out of plumbing in water systems that have corrosive water. Lead can cause central and peripheral nervous system damage, kidney effects and be highly toxic to infants and in the developing fetus of pregnant women. Copper causes taste problems and stains porcelain and can also cause stomach and intestinal distress. Timetable Testing and MCL compliance for lead has been in effect for a number of years prior to the 1986 SDWA Amendments for community water supplies. In June 1991, EPA published new rules that deleted the MCL for lead but required that additional sampling be done at customer taps. High levels of lead and copper at the customer taps will trigger requirements of treatment of the water supply to reduce corrosivity; public education should also be provided to help customers reduce their intake of lead and copper. Action levels per the new rule: -The treatment technique requirements are triggered by exceedances of the lead action level of 0.015 mgA or the copper action level of 1.3 mg/1 measured at the 90th percentile. -All public water systems are required to collect one sample for lead and copper analysis from the following number of sites during each six- month monitoring period. System Size No. of Sampling Sites No. of Sampling Sites (Population) (Initial Base Monitoring) (Reduced Monitoring) 501 to 3,300 20 10 101 to 500 10 5 <100 5 5 The above samples must be collected per monitoring period. For small systems, there are two monitoring periods per calendar year, July 1993 to December 1993, and January 94 to June 1994. -40- ------- ComDliance Deadlines SYSTEM SIZE ACTION <3,300 Begin monitoring July 93 If you exceed the lead or copper action level, then see below: Complete treatment study (if required by State) July 96 Recommend treatment to State -Study not required -Study required July 94 July 96 Complete treatment installation -Study not required -Study required Jan 98 Jan 99 Complete follow-up monitoring -Study not required -Study required Jan 99 Jan 2000 Sample collection methods and Locations -First flush tap water samples must stand motionless for at least six hours before the samples are collected. -One liter of water must be drawn from the cold water kitchen or bathroom tap of individual residences. -Systems may collect samples or enlist residents to collect samples. Residents fill the container supplied by the water system according to directions and leave the container for the system to pick up. -Begin tap water monitoring program by July 1993. Tap water samples must be collected at high risk locations: o homes with lead solder installed after_1982. o homes with lead pipes, o homes with lead service lines. -If a sufficient number of high risk sampling sites are not available, follow the "Lead ind Copper Guidance Manual" sent to you by the State, or contact the State. ------- Public Education Program Requirements PWSs which exceed the lead action level must deliver a public educational program to their consumers. Please note that this program is different from the public notification requirements discussed separately. The rule provides specific language for use in all printed materials, public service announcements (PSAs) and broadcast materials developed under the lead public education program. This language describes the potential health effects of excess exposure to lead and the reasons why lead in drinking water is of particular concern. It provides step-by-step instructions for water testing and follow-up actions that can be taken to reduce both short-term and long-term exposure to lead in drinking water. The rule also requires the water system to provide tap sample collection for any customers who request this service, but system is not required to pay for collecting and analyzing the sample. The program must be delivered to your entire service area, and targeted to high- risk segments of the population. The following are required: - Distribute information notices in water utility bills, along with a special alert on the water bill itself, every twelve months', - Publish informational notices in major local newspapers, every twelve months; - Deliver brochures every twelve months to specified organizations, including public schools and/or local school boards, city /county health dept., Woman, Infants, and Children (WIC) and/or Head Start programs, public/private hospitals/clinics, family planning clinics, and local welfare agencies; and -Release PSAs every six months to at least five of the radio and television stations with the largest audiences that broadcast to the community served by the water system. Water systems must perform these actions within 60 days from the time the lead action level is exceeded and repeated for as long as the action level is exceeded. You must also submit a letter to the State by 12-31 of each year demonstrating that your system has delivered the public education materials that meet the regulation's content and delivery requirements. The letter must include a list of all those entities to which you have delivered public education materials during the previous year. Additional Information The Federal regulations for lead and copper are contained in Subpart I of 40 CFR Part 141. "Fact Sheet: National Primary Drinking Water Regulations For Lead and Copper" available from EPA. "Lead and Copper Monitoring Guidance for Water Systems Serving 501-3,300 Persons" 101-500 Persons" All available from the National Drinking <100 Persons" Water Hotline 1-800-426-4791 ------- WATER PROGRAMS DRINKING WATER SYNTHETIC ORGANIC CHEMICALS (Non-Volatile) Synthetic organic chemicals (SOCs) are man-made compounds used for a variety of industrial and agricultural purposes. For monitoring purposes, the SOCs are divided into two groups - volatile synthetic organic chemicals (VOCs) and others which are usually called pesticides and PCBs. This page will discuss SOCs that are not volatile. VOCs will be discussed on a separate page. Also see the page on disinfection by-products. SOC effects include damage to the nervous system, kidneys and cancer risks. Timetable (for revisions to regulations) New FederalregulationscailedPhasellwerefinalizedJanuarySO, 1991. These regulations added 13 new SOCs and revised five SOCs. All community and non- transient, non-community PWSs will be required to test for SOCs. For a PWS that is vulnerable to SOCs, quarterly sampling is required beginning in 1993, the first compliance period (1993-1996) in the first compliance cycle (1993-2001). If there are no detects of SOCs, the required repeat sampling is: two quarterly samples beginning in the second compliance period (1996) for PWSs greater than 3,300 people, or one quarterly sample also beginning in the second compliance period for PWSs with less than 3,300 people. It is the PWS's responsibility to perform the vulnerability assessment for SOCs, although some states may be doing these for the PWSs. The vulnerability assessment is mailed to the State with a request for a waiver. If a waiver is granted by the State no monitoring is required for that compliance period. The PWS must be granted a waiver before the year testing is required. Every compliance period thereafter, the PWS must update the vulnerability assessment and be granted a waiver. Several methods are required to test for all the SOCs, which adds tremendously to the cost. The PWS should secure the waiver prior to the year monitoring is required to avoid a significant cost to the system. The Federal Phase V regulations, which were finalized on July 17,1992, added 15 non-volatile SOCs and three VOCs. The procedures and monitoring requirements are the same for these contaminants as required under the Phase II rule. The PWS will want to request a waiver toreduce or eliminate monitoring. Because EPA is required to add contaminants to the list to be regulated on a regular schedule, SOCs will probably be added to the list in the future. -43- ------- MCLs \ A separate page is included to list the MCLs for SOCs. Actions your community should be taking -Complete any sampling for currently regulated SOCs as required, if your system uses surface water. -Cooperate with the State to determine vulnerability of your water supply to SOC contamination. If it is determined that you are non-vulnerable (SOCs are not around to get in your supply) you may not have to sample for SOCs, or you may qualify for reduced monitoring. -If your system is vulnerable, cooperate with the State to get the first round of samples taken. Some states are doing this for very small systems. If SOCs are not detected, you will not have to sample until the second compliance period (1996- 99). If your tests indicate levels of a SOC higher than the MCL (year average), you are in violation of the MCL. You must: -Continue quarterly sampling (at times of highest vulnerability, i.e., after fertilizer application and a rain). -Notify the State and complete public notices as required. -Request the State to allow the community to continue to use the water supply while the solutions to the MCL violation are being explored and any needed financing is being planned. -Work with the State and/or your engineer to determine how SOCs are getting into your water supply. If possible, eliminate the source of con- tamination. If you must treat your water supply to remove the SOCs, work with your engineer to choose the best available technology for treatment. Additional Information The Federal rule for SOCs is contained in 40 CFR 141.24 and 141.61. "Pesticides in Drinking Water Wells," EPA. (Agricultural Extension Service offices also have useful pamphlets on pesticides.) ------- Phase II Contaminant MCL Alachlor 0.002 mg/1 Aldicarb* 0.003 mg/1 Aldicarb Sulfoxide * 0.004 mg/1 Aldicarb Sulfone * 0.003 mg/1 Atrazine 0.003 mg/1 Carbofuran 0.04 mg/1 Chlordane 0.002 mg/1 Dibromochloropropane (DBCP) 0.0002 mg/1 2,4-D 0.07 mg/1 Heptachlor 0.0004 mg/1 Heptachlor Epoxide 0.0002 mg/1 Lindane 0.0002 mg/1 Methoxychlor 0.04 mg/1 PCB's 0.0005 mg/1 Pentachlorophenol 0.001 mg/1 Toxaphene 0.003 mg/1 2,4,5-TP (SILVEX) 0.05 mg/1 Acrylamide Treatment Technique Epichlorohydrin Treatment Technique These have been suspended, and will not be enforceable under current regulations. ------- WATER PROGRAMS DRINKING WATER VOLATILE ORGANIC CHEMICALS Volatile Synthetic Organic Chemicals (VOCs) are man-made compounds used for a variety of industrial and manufacturing purposes. VOCs tend to be in a gaseous form under conditions that may occur in a water system and then separate from the water supply. VOCs have various effects on the liver, kidneys, nervous system and some pose a cancer risk. Do the VOC regulations apply to my community? Yes, the initial Federal Volatile Organic Chemical (VOC) rule became effective on January 9, 1989. This rule, called Phase I, set maximum contaminant levels (MCLs) for 8 VOCs and required all community and non-transient, non-community water supply systems to monitor for, and if necessary, treat their supply to remove these chemicals. VOC monitoring requirements were revised on June 30, 1991 to synchronize them with other VOC monitoring requirements in a new set of regulations called Phase II. This rule set MCLs for 10 additional VOCs. More new regulations, called Phase V, added 3 new VOCs. The Federal Phase V rule becomes effective on January 31, 1994. The VOC MCLs are listed below. Phase I il>£ MCL (me/ll Benzene 0.005 0.005 0.005 0.075 0.007 0.20 0.005 0.002 Carbon Tetrachloride 1,2-Dichloroethane Para-Dichlorobenzene 1,1 -Dichloroethylene 1,1,1 -Trichloroe thane Trichloroethylene Vinyl Chloride ------- Phase II VQ£ MCL fimfl) o-Dichlorobenzene 0.6 cis-l,2-Dichloroethylene 0.07 trans-1,2-Dichloroethylene 0.1 1,2-Dichloropropane 0.005 Ethylbenzene 0.7 Monochlorobenzene 0.1 Styrene 0.1 Tetrachloroethylene 0.005 Toluene 1 Xylenes 10 Phase V ID£ MCL (mg/n Dichloromethane 0.005 1,2,4-Trichlorbenzene 0.07 1,2,2-Trichlorethane 0.005 Monitoring Requirements A major feature introduced in Phase II is its plan for synchronizing compliance monitoring across several existing and upcoming rules. Under this Standardized Monitoring Framework, the various monitoring frequencies for most source-related contaminants will be coordinated within compliance periods of three years each. Some monitoring and related system activities, such as vulnerability assessments, will occur at intervals which may span across up to three of these three-year periods, forming a nine-year compliance cycle. The first compliance cycle and the initial compliance period both begin on January 1, 1993. Other features of Phase II monitoring requirements include: Sampling location - Groundwater systems must sample at entry points to the distribution system which are representative of each well after any application of treatment. S urface water systems must sample at points within the distribution system which are representative of each source or at entry points to the distribution system after any application of treatment. Samples must be analyzed by a state-certified lab. Initial sampling frequency - All systems must sample at a base (or minimum) frequency which is specific for a contaminant or contaminant group. The state may grant monitoring waivers (as discussed below) and may allow a system to substitute suitable previous monitoring data for this initial monitoring. In the ------- initial compliance period, the actual year in which a system samples will be 4 determined by the State. Repeat sampling frequency - In general, if a system does not detect contaminants in initial samples, then repeat sampling frequencies will be lower than initial frequencies. Repeat monitoring requirements are generally the same for all systems regardless of system size or water source. Trigger to increase monitoring - If contaminants are detected in any sample, the system must begin quarterly sampling until the state determines that subsequent results are "reliably and consistently" below the MCL. At least two to four samples must be taken before this determination may be made. Detection is defined separately for various contaminants or contaminant groups at either the MCL, 50 percent of the MCL, or at the analytical method detection limit. Monitoring waivers - Sampling frequencies may also be reduced or eliminated if the system obtains a waiver based on: previous sampling results, and/or an assessment of the system's vulnerability to each specific contaminant There are two types of waivers based on vulnerability assessments: Use waiver A system may be eligible for a waiver if it can show that a contaminant has not been used, manufactured and/or stored within a certain area around the system's water source. If use cannot be determined, a use waiver cannot be granted. Susceptibility waiver: Even if a system is not eligible for a use waiver, it may be eligible for a waiver based on its susceptibility in terms of source protection, wellhead protection program reports, previous sample results, environmental transport and fate of the contaminant, and elevated nitrate levels. If susceptibility cannot be determined, this type of waiver cannot be granted. Unregulated contaminant monitoring - Phase II also contains one-time monitoring requirements for 30 other contaminants during the initial period which begins on January 1, 1993. Systems must take one year of quarterly samples for organic contaminants, and one sample for inorganic contaminants. No MCLs have been set for these contaminants, and further monitoring is not normally required, but may be required by the State, if these chemical s are detected. Systems only need to report the results of this monitoring to the State. Systems with less than 150 service connections may request a waiver from the State. Additional Information The Federal rule for VOCs is contained in 40 CFR 141.24 and 141.61. National Safe Drinking Water Act Hodine, 1-800-426-4791. ------- Compliance Monitoring Requirements Contaminant BmRk Ground water lutomant Surface writer Trigger that InCTMMS Sampling Waivers for Base Requirements Asbestos 1 Sample every 9 yean > MCL YES Based on VA' Nitrate Annual Quarterly After 1 year < 50% of MCL SWS may reduce to an annual sample > 50% MCL NO Nitrite 1 Sample: If c 50% of MCL state discretion 2 50% MCL NO Inorganics 1 Sample every 3 yean Annual sample > MCL YES Based or. anahtical results of 3 rounds VOCs' 4 Quarterly samples every 3 years Annual after 1 year of no detects > 0.0005 mg/L YES Based on v*' 17 Pesticides md omej- bO Cs 4 Quarterly samples every 3 years After 1 round of no detects: systems >3300 reduce to 2 samples per year every 3 years; systems £ 3300 reduce to 1 sample every 3 years Method Detection Limit (MDL) ^ E5 VA Uraegulued IOCs1, SOCs 1 Sample 4 Consecutive quarterly sanptes N.A. YES Based on \ A' ' VA ¦ Vulnerability Assessment ^VOCs - Volatile Organic Chemicals IOCs - Inorganic Chemicals SOCs - Synthetic Organic Chemicals (Non-Volatile) ------- EBB WATER PROGRAMS DRINKING WATER COLIFORM MONITORING Bacteria from sewage and animal wastes have presented the most frequent and immediate health risks to public water supplies over the years. Coliform bacteria, specifically the presence of fecal and E. coli bacteria, are used as the best and most easily tested for indicators of potentially harmful bacteria in the water. Does the Coliform Monitoring rule apply to my community? Yes, all community public water systems must submit samples for coliform bacteria testing on a regular monthly basis. Failure to submit samples, meet the MCL, and report non-compliance are all violations of the rule. Timetable Your community has been required to test for coliform bacteria for many years. The 1986 Amendments to the Safe Drinking Water Act caused new rules to be published that change some of the procedures for testing, change the MCL, and require certain public notification related to coliform monitoring. The Federal rules were published in final form on June 29,1989, and became effective December 31,1990. The MCL is based on the presence or absence of total coliforms in a sample (the old MCL was based on an estimate of coliform density). The presence of total coliform bacteria indicates the possible presence of fecal and disease-causing bacteria. A small water system may have no more than one coliform-positive sample per month. Monitoring Requirements You are required to submit a minimum of one routine sample per month. (Carefully follow procedures for sampling provided by your testing laboratory or the State. ). Samples are to be from different customer taps from month to month according to a written sampling plan. If the sample tests positive for total coliforms, you must (within 24 hours of notification of the result) collect four repeat samples for each positive routine sample. These repeat samples must be collected within five service connections of the original sample with at least one being at the original location, at least one upstream and at least one downstream. If total coliforms are detected in any repeat sample, your water system is in violation of the MCL and you must notify the State no later than the end of the next business day that you learned of the violation. MCLs ------- If fecal coliforms or E. coli are identified in a repeat sample following a routine total coliform positive sample (or vice versa), it becomes an acute violation and you must notify the state agency the same day you receive the results. During the month following one or more positive coliform samples, you must collect a minimum of five routine samples. The State may require a system to collect more routine samples per month than specified in the rule. A sanitary survey of your system is required at least every five years (usually done by the state). The initial survey must be completed by June 29,1994. Without the sanitary survey, you would have to collect a minimum of five routine samples every month. Actions your community should be taking If your system is not having total coliform positive tests: -Continue to submit regular samples and review results. -Maintain a good operation and maintenance program for your water system including regular line flushing at fire hydrants and on dead ends. If your system has a coliform-positive sample result: -Immediately take and process your repeat samples. -Carefully review your sample taking procedures to be sure you are not accidentally contaminating the samples. -Call the State and ask for help to locate any possible sources of contamination. -Follow the State's direction in issuing public notices and any state emergency measures that may be required. Additional Information The Federal rule for coliform monitoringjs primarily contained in 40 CFR 141.21 & 141.63, and public notice rules in 40 CFR 141.32. National Safe Drinking Water Act Hotline 1-800-426-4791 ------- IB WATER PROGRAMS DRINKING WATER SURFACE WATER TREATMENT RULE The Federal Surface Water Treatment Rule (SWTR) was published in the Federal Register on June 29, 1989. It became effective on December 31, 1990. The State rule was adopted during 1991. This rule requires water treatment in lieu of water testing because it regulates contaminants which are difficult to detect and pose acute health risks. Under this rule, disinfection and filtration are required for surface water systems and for groundwater systems under the direct influence (LTDI) of surface water. These systems must install filtration if the microbiological, turbidity and other standards in this rule are not met. All surface water systems must disinfect. Does the Surface Water Treatment Rule apply to my community? Yes, it applies to all Public Water Supply Systems (community and non- community) using a surface water source (i.e. water open to the atmosphere and subject to surface runoff) or a groundwater source under the direct influence of surface water. Water Treatment Requirements Specific enforceable MCL standards for these microbial contaminants are not established in this rule. Instead, treatment will be required for surface water systems. Systems which filter their water must ensure that the overall filtration and disinfection process they use is performing effectively as demonstrated by turbidity and disinfection criteria. These criteria are given in the table below. As with unfihered systems, effectiveness will be demonstrated in part by the amount of disinfectant and the length of time it is in contact with the water before reaching the first customer. ------- Unfiltered System Criteria Criterion Standard Source water quality Coliforms acceptable Turbidity <5 NTU Disinfection Giardia 99.9% effective Viruses 99.99% effective Residual 0.2 mg/1 at entry Coliform Sampling 25-501 persons served 1/week 501-3300 2/week 3301-10,000 3/week 10,000-25,000 4/week Filtered System Criteria Criterion Standard Turbidity <5 NTU at all times <0.5 NTU in 95% of all samples Disinfection Giardia 99.9% effective Viruses 99.99% effective Residual 0.3 mg/1 at entry Compliance Systems arc given time to comply with the water quality standards and treatment requirements of this rule. Specific dates are given in the following table. Groundwater systems under direct influence of surface water (GW-UDI) -States will determine which community water systems are under direct influence of surface water within 5 years after the rule becomes effective. ------- Compliance Dates SvstemTvDe Reauirement Date SW-F Performance and 6/29/93 monitoring GW-UDI State must notify Community system that it is UDI 6/29/94 Non-community 6/29/99 Additional Information The Federal rule for surface water treatment is contained in Subpart H of 40 CFR 141. EPA's "Guidance Manual for Compliance with the Filtration and Disinfec- tion Requirements for Public Water Systems Using Surface Water." Call the Safe Drinking Water Act Hotline: 1-800-426-4791. ------- WATER PROGRAMS ' DRINKING WATER RADIONUCLIDES Radionuclides are radioactive particles that occur naturally in areas of uranium and radium deposits and in waste from man made processes. Radionuclides, even in very small concentrations, pose a cancer risk. Does the Radionuclides regulation apply to my community? Yes, radionuclides have been regulated since 1976 with MCLs currently set for four types. All community public water systems must test for radionuclides at least every four years. Timetable (for revision of regulation) Proposed regulations were published in July 1991 that will add MCLs for two additional radionuclides (Radon and Uranium). Final new rules may be published in late 1993. Systems will begin to monitor under the new radionuclide rules in 1996. Until then, continue to monitor under the old rules. MCLs The following are current MCLs for radionuclides and the levels that are proposed. The units of measure are peculiar to radioactivity and represent very small quantities. Current MCL MCL Likelv to be ProDosed Gross Alpha Particle Activity 15 pCi/1 15 pCi/1 Beta Particle & Photon Activity 4 mrem/yr. 4 mrem/yr* *(Only if designated by State.) Combined Radium - 226 & 228 5 pCi/1 - Radium - 226 - 20 pCi/1 Radium - 228 - 20 pCi/1 Uranium - 20 ug/1 Radon - 300 pCi/1 Actions your community should be taking Submit samples as required for—routine testing. The monitoring process initially required one sample every three months for one year (four samples in total). Unless test results indicate radionuclide values above or near the MCL, the test is repeated only every four years. -55- ------- Compliance with the MCL is based on the results of a composite of the four quarterly samples. If your tests indicate levels of radionuclides higher than the MCL, you should: -Ask the State if you should resample to confirm the test results. The State may also require you to continue quarterly sampling until the MCL level is met. -Follow your State's instructions regarding when and what type of public notice you need to give. -Request an exemption from the State to allow the community to continue to use the water supply while solutions to the MCL violation are being explored and any needed financing is being planned. -Stan working with the State and/or engineer to consider options to eliminate the radionuclides from your system. In nearly all small community water systems, finding a different source of water supply, or the installation of a sodium zeolite ion exchange treatment process, are the most economical solutions to a radionuclide problem. Additional Information The Federal rule for radionuclides is contained in 40 CFR 141.15,16 and 26. "A Study of Possible Economical Ways of Removing Radium From Drinking Water" is available from EPA by calling the Safe Drinking Water Hodine at 1-800-426-4791. ------- WATER PROGRAMS DRINKING WATER DISINFECTION AND DISINFECTION BY-PRODUCTS Disinfectants (such as chlorine) are the primary defense against diseases caused by microbiological contaminants in public water systems. In Nebraska, 100% of the surface water supply systems disinfect their water while less than 10% of the community and non-community groundwater supplies are disinfected. Although disinfection is the single most important treatment technique in use in public water supplies, the disinfectants themselves can react with organic materials in water supplies. Disinfection by-products (DBPs) may be formed which may contaminate the water with compounds that increase cancer risk. Do the Disinfection and Disinfection By-products regulations apply to my community? Currently, only community and non-transient, non-community systems which add a disinfectant must sample for disinfection by-products. In the future, all com- munity and NTNC public water systems will be required to disinfect their water, with allowance for variances if the water comes from sources that are determined not to be at risk from microbiological contamination. Monitoring for DBPs will be limited to systems that are determined vulnerable to their development Timetable Surface water supplies are now covered by final rules on filtration and disinfection that were published on June 29,1989. State rules were adopted in 1991. These rules require disinfection of all surface water supplies and become effective over the next three years as determined by state schedules. Federal rules for general disinfection of all drinking water supplies are expected to be proposed in August 1994 and will include MCLs for a number of disinfectants and disinfection by-products. At present, three disinfection by-products (trihalomethanes) are regulated but only in community supplies of 10,000 or greater population. MCLs Proposed MCLs have not yet been circulated. The current MCL for total trihalomethanes is 0.1 mg/1. Actions your community should be taking -If your water supply is surface watei, contact the State to determine your schedule for compliance with the filtration and disinfection rules. -If your water supply is groundwater and you are now adding a disinfectant, you are already required to conduct disinfectant residual tests (daily) at some consumer taps to determine how much disinfection is available at the "end-of- 46 ------- the-line"in your system. This data will help you plan for modifications in your disinfection to meet any new standards that are required. -If your water supply is groundwater and you are not adding a disinfectant now, the following steps may help in your planning: o Check your coliform bacteria tests over the past three or four years. A history with some coliform positive tests are likely to require you to disinfect. o If you have no coliform-positive tests, keep it that way by following a proper sampling procedure and through good maintenance and operation of your water supply and distribution systems. o Look at and price different equipment for disinfection. For most small systems, chlorination provided through gas, liquid solutions or granular compounds are the methods used. Costs vary and may not be out of reach for your community. The State, engineer or an equipment supply firm can help you with this information. o Visit neighboring communities that are disinfecting and see how they do it and what it costs. Additional Information The Federal authority for Disinfectants and DBPs is in Section 1412 (b) (8). of the SDWA. "Protecting Our Drinking Water From Microbes," EPA, available by calling the National Drinking Water Hodine 1-800-426-4791. ------- WATER PROGRAMS DRINKING WATER PUBLIC NOTIFICATION The Safe Drinking Water Act requires that public drinking water systems notify their customers when drinking water standards arc violated. The purpose of public notification is to inform consumers of any potential adverse health effects and to describe what steps consumers can take to minimize the impact. The notification should also educate the consumer about the needs of the public water system to assure the delivery of safe drinking water. Do the Public Notification rules apply to my community? Yes, the Safe Drinking Water Act requires owners/operators of all community public drinking water systems to notify the persons they serve if certain violations of the National Primary Drinking Water Regulations or certain other specified events occur. Timetable Public Notification rules are now in effect for all contaminants that your community is required to monitor for. As new contaminants are regulated and monitoring is required in your community, you are also required to give public notification when violations occur. This information describes the Federal Rules. Your state may add requirements for your area. Types of violations requiring Public Notification There are six violations or events that require Public Notification: 1. Failure to comply with an applicable maximum contaminant level (MCL) 2. Failure to comply with a prescribed treatment technique 3. Failure to perform water quality monitoring (testing) as required by the regulations 4. Failure to comply with testing procedures as prescribed by the regulation 5. Issuance of a variance or an exemption 6. Failure to comply with the requirements of any schedule that has been set under a variance, exemption or State operation permit A <5 ------- Notification Procedures The method, timing and frequency of notifying the public varies based on the "level" of the violation and the availability of the public communication media. There are two "levels" of violation. Tier 1 violations include numbers 1,2 and 6 listed above, namely, failure to comply with an MCL; failure to comply with a treatment technique; and failure to comply with a schedule prescribed under a variance or exemption. Tier 2 violations are less serious and have simpler notification requirements. They include numbers 3, 4 and 5 listed above, namely, failure to comply with monitoring requirements; failure to comply with testing procedures; operating under a variance or exemption. Tier 1 violations are subdivided into "acute" and "non-acute" violations. "Acute" risks are those that involve an immediate risk to human health. These are violations specified by the state agency and presently must include violations of the MCL for nitrate and/or nitrite, violations of the MCL for total coliforms when fecal coliforms or E. coli are present, and occurrences of a waterborne disease outbreak in an unfiltered surface water system. Actions your community should take If you are informed of test results that indicate you are in violation of an MCL or you are informed of another violation, immediately contact your state agency and notify them of the violation and ask their direction in proceeding with public notification. (Note: the state agency may declare a sample invalid or require a check sample before confirming a violation and thereby ask you to delay public notifica- tion.) Methods of Notification Communities with a daily (or weekly) newspaper of general circulation (received by most households) in the community: Tier 1 violations 1. Provide notice within 14 days of the violation through the newspaper, AND 2. Provide notice by direct mail or hand delivery within 45 days of the violation. Repeat this notice every three months as long as the violation continues, AND 3. For ACUTE VIOLATIONS ONLY -"Beliver notice to the principal television and radio station serving the area within 72 hours following the violation. ------- Tier 2 violations 1. Provide notice within three months of the violation through the newspaper, AND 2. Provide notice by mail or hand delivery within three months of the initial newspaper notice. Repeat this notice every three months as long as the violation continues. Methods of Notification Communities without a newspaper Tier 1 violations 1. For ACUTE VIOLATIONS ONLY - Provide notice by hand delivery or by posting within 72 hours of the violation, AND 2. For non-acute violations - Provide notice by hand delivery or by posting within 14 days of the violation, AND 3. Repeat the notice by hand delivery every three months or by continuous posting for the duration of the violation. Tier 2 violations Provide notice by hand delivery or by posting within three months of the violation. Repeat the notice by hand delivery every three months or by continuous posting for the duration of the violation. Information that must be included in the Public Notice: 1. Must provide a clear and readily understandable explanation of the violation. 2. Must include information about any potential adverse health effects. 3. Must contain information about the population at risk. 4. Must contain information about the steps being taken to correct the problem. 5. Must contain information about the necessity of seeking alternative water supplies, if any. 6. Must include any preventive measures that should be taken until the violation is corrected. ------- 7. Must be clear and conspicuous. 8. Must not contain unduly technical language. 9. Must not contain unduly small print. 10. Must not create problems that frustrate the purpose of the public notification. 11. Must include a phone number of the owner, operator, or someone to contact at the public water system as a source of additional information. 12. Where appropriate, notices must be multi-lingual. Mandatory Health Effects Language EPA has established mandatory language on the health effects of contami- nants found in drinking water. The EPA language must be included in notices given by public water systems where the system is: - In violation of an MCL or treatment technique, - Has been granted a variance or exemption, - Is operating under a variance or exemption, or - Fails to comply with a variance or exemption schedule. Currently promulgated mandatory health effects language is included in the public notification regulations. Notice to New Billing Units In addition to complying with the public notification requirements for Tier 1 violations, community water systems must provide notice to new billing units of any existing Tier 1 acute and non-acute violations. A copy of the most recent public notice must be given to all new billing units or hookups prior to or at the time service begins. Additional Information The Federal rule for Public Notification is contained in 40 CFR 141.32. "General Public Notification for Public Water Systems," EPA, available by calling the National Safe Drinking Water Hotline at 1-800-426-4791 for a free copy. ------- WATER PROGRAMS DRINKING WATER Regulatory Development Schedule An important pan of planning is knowing the specific regulations that will affect your particular community and its public water system(s), and further, knowing when these regulations will be in effect and enforced in your community. Following is the most recent schedule for the development of the new Federal regulations. Rule Status Effective Fluoride Final 10/87 Lead Ban (SDWA 1417) Final 6/86 Phase I Volatile Organics Final 1/89 Public Notification Final 4/89 Surface Water Treatment Rule Final 12/90 Total Coliform Rule Final 12/90 Phase EI IOCs and SOC Final 7/92 Lead/Copper Final 12/92 Phase V IOCs and SOCs Final 1/94 Phase IE Radionuclides Proposed 1994 Disinfection/Disinfection By-Products TBP 1996 Revised Arsenic Standard TBP 9/94 Sulfate Rule TBP 10/93 Phase VIB SOCs & IOCs TBP 1993 Repropose MCLs for aldicarb, aldicarb sulfoxide, aldicarb sulfone TBP 2/93 Additional List Contaminants TBP 1997 - TBP means To Be Proposed - IOC means Inorganic Chemicals - SOC means Synthetic Organic Chemicals - Some effective dates are phased-in by system size (see below) - EPA Rules are generally effective 18 months after being finalized -63- ------- WATER PROGRAMS DRINKING WATER UNDERGROUND INJECTION CONTROL The Underground Injection Control (UIC) program is authorized by the Safe Drinking Water Act The program is primarily preventative in nature and regulates such aspects as siting, construction, operation, monitoring, and testing of various types of wells used to inject fluids underground. Five classes of wells are recognized, including: Class I - Used to inject industrial, municipal or hazardous wastes below the lowest underground source of drinking water (USDW). Class II - Used to inject fluids associated with oil and natural gas production. Class Ell - Used to inject fluids for extraction for minerals such as salt and uranium- Class IV - Used to inject hazardous orradioactive wastes into or above a USDW. Class V - Wells not otherwise classified and generally used to inject non- hazardous fluid into or above a USDW. Class I, II, and HI wells have specific requirements regarding their construction and operation, and have been generally accounted for. Class IV wells are banned unless they are pan of an authorized groundwater cleanup. Closure is required for a well identified as Class IV. Class V well occurrence is not as well documented, since this category includes any well not covered under the first four Classes. There are a variety of constructions and uses for Class V wells, including deep cased wells, seepage pits, cesspools, and septic tanks with lateral (tile) fields. (Septic tanks handling strictly domestic wastewater and serving fewer than 20 persons a day are exempt from UIC regulation.) These factors make this type of well difficult to locate. Many Class IV wells are mis-identified as Class V wells. Class IV and V wells can serve virtually any type of industrial or commercial facility including automotive service stations, lawn services, laundries and dry cleaners, transportation and road facilities, local weed control authorities, photo processing labs, electroplating companies, printers and lithographers, chemical plants, electronics manufacturers, pharmaceutical plants, and food processors. -64- ------- All classes of injection wells are regulated by EPA through either primacy programs or direct implementation programs administered by EPA. In Region VII, Nebraska is a primary state. Additional Information: Regional Contact: UIC Program Water Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7032 State Contact: UIC Program Nebraska DEQ Suite 400,1200 N St, The Atrium Lincoln, NE 68509-8922 1-402-471-0096 ------- WATER PROGRAMS WELLHEAD PROTECTION The 1986 Amendments to the Safe Drinking Water Act (SDWA) call upon each state to develop a Wellhead Protection (WHP) Program. This legislation established a nation-wide program to encourage states to develop systematic and comprehensive programs within their jurisdictions to protect public water supply (PWS) wells and wellfields from contamination. The statute specifies that all states will participate. However, the EPA has no authority to establish a WHP Program if a state chooses to forego action on its own. There are no sanctions against states that do not participate. States are encouraged to participate and to exercise individual discretion in developing methods of protecting ground water used for drinking water. Under SDWA, Section 1428, each state must develop a WHP Program that consists of several elements. At a minimum, each state's WHP Program must: -Specify roles and duties of state agencies, local government entities, and public water suppliers, with respect to WHP Programs; -Delineate the wellhead protection area (WHPA) for each wellhead; -Identify sources of contaminants within each WHPA; -Develop management approaches to protect the water supply within WHPAs from such contaminants; -Develop contingency plans for each public water supply system to respond to well or wellfield contamination; -Site new wells properly to maximize yield and minimize potential contamination; and -Ensure public participation. Actions your community should be taking The Environmental Protection Agency has responsibility for approving WHP programs and for providing technical support to state and local governments. States shall develop and implement WHP programs that meet the requirements of the SDWA Amendments. Local governments should develop 46 ------- WHP plans that protect their public drinking water supply from contaminants. An effective local program needs participation at all levels of government and should use the state-approved WHP program as a means to accomplish this. Local governments typically implement zoning decisions, develop land-use plans, oversee building and fire codes, implement health requirements, supply water and sewer services, and enforce police powers. Each of these local powers may be used to protect the quality of local aquifers. Local cities and counties are also often the innovators in developing wellhead protection programs by applying combinations of management techniques (e.g., zoning and source prohibitions) to meet unique local conditions. Localities often protect groundwater as pan of larger projects, such as developing growth manage- ment plans or economic development efforts. In close cooperation with regional, State and Federal agencies, local governments can take positive steps to protect their wellhead areas. Additional Information Regional Contact: Wellhead Protection Program Water Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7033 State Contact: Wellhead Protection Program Nebraska DEQ Suite 400, 1200 N St., The Atrium Lincoln, NE 68509-8922 1-402-471-0096 ------- WATER PROGRAMS WO Underground Storage Tanks An Underground Storage Tank (UST) is any tank, including underground piping connected to the tank, that has at least 10 percent of its volume underground. Activities of the Nebraska Underground Storage Tanks program include re- view of tank removal assessment reports to determine whether potential ground- water contamination exists. In the event these-reports indicate a petroleum release, the Section then requires a detailed study of the affected groundwater to establish the extent of contamination, direction of flow, and potential water supplies or facilities which may be impacted. Staff reviews these reports to determine cleanup requirements and issues public notices on these plans. Staff review remedial actions throughout the project. Staff also determines when sufficient cleanup has been accomplished. In the past two years, increased release reports have caused a backlog of sites awaiting future assignment to staff. The section also has a list of many sites for which remediation is commencing through Department-originated and Fund contracts. Do the UST regulations apply to all underground storage tanks? No, some exclusions are: -Farm or residential tanks holding 1,100 gallons or less of motor fuel used for noncommercial purposes Those installed prior to July 1, 1987 are only required to register their tanks. Those installed on or after July 1,1987 are subject to all fees and requirements except showing financial responsibility. -Tanks storing heating oil which is used on site -Septic tanks and systems for collecting storm or wastewater -Wastewater treatment tanks regulated under the Clean Water Act -Tanks whose capacity is 110 gallons or less -Storage tanks on or above the floor of an underground area, such as a basement, tunnel or vault Other tanks, such as tanks for emergency spill or overfill containment (emptied immediately after use) and field constructed tanks, are deferred from the regulations. ------- If the UST regulation does apply, what must the owner/operator do? - Ensure tanks are registered with the state. -Equip the UST with devices that prevent spills and overfills (You have until December 1998 for tanks installed before December 22, 1988.). -Protect the tank and piping from corrosion or structural failure (You have until December 1998 for tanks and piping installed before December 22,1988.). -Equip the tank with leak detection. Equip the product lines with leak detection. For pressurized piping, this must include in-line leak detectors. -Verify that the stored contents are compatible with the tank's interior walls. -Be financially responsible for the cost of cleaning up a leak or compen- sating other people for bodily injury and property damage caused by the leaking UST. I own tanks to which regulations apply, but I'm not using them, what should I do? Follow closure requirements for tanks temporarily or permanently closed. Tanks not used for 3 to 12 months can be temporarily closed; beyond 12 months, permanent closure is erquired. For permanent closure, the tank will have to be emptied and cleaned, and either filled with inert material or removed. If a leak or spill should occur, what must be done? -Contact the fire department to ensure that it does not pose a hazard to human health and safety. -Any hazardous condition must be reported to the Iowa DNR within 6 hours of discovery. Nebraska Petroleum Release Reimbursement Fund (Title 200) The Nebraska LUST Section is also responsible for the Petroleum Release Remedial Action Reimbursement Fund, establisKed to assist paying remediation costs for owners/operators of facilities which have leaking petroleum tanks. The Section's activities in this area include receiving and processing applications for reimbursement from the fund and subsequently initiating reimbursements on eligible costs. Processing of applications involves: ------- -Reviewing the completeness of the applications; -Checking compliance with requirements of tank registration and removal (mandated by LB217 in 1986); -Evaluating eligible costs as defined by Department regulations (Title 200); -Determining if reasonable rates are being charged by consultants for the work; and -Determining if the work plans and actions undertaken are consistent with the Department's regulations. Additional Information "Musts for USTs: A Summary of the New Regulation for Underground Storage Tank Systems," U.S. EPA, UST Office, 7/90. "Dollars and Sense: A Summary of the Financial Responsibility Regulations for Underground Storage Tank Systems," U. S. EPA, UST Office, 12/88. Additional Information: Regional Contact: UST Program Waste Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7051 State Contact: Leaking Underground Storage Tank Unit Nebraska DEQ Suite 400, 1200 N St., The Atrium Lincoln, NE 68509-8922 1-402-471-4230 ------- WATER PROGRAMS 46 Special Protection Areas The Nebraska Special Protection Area program focuses on assessing areas where groundwater problems from nonpoint source contaminants (such as agricul- ture chemicals) exist or are likely to exist. The staff carries out detailed field studies to collect groundwater data, assesses the data, and determines whether a correlation exists between land use practices and nonpoint source contamination trends. The staffs conclusions and recommendations arc presented at public hearings during which public comments on the study are also obtained. The Director makes a determination on whether or not to designate the problem area as a Special Protection Area (SPA). The staff works closely with the Natural Resources District within whose boundary the SPA is located throughout the investigation, designation and implementation stages. The NRDs are responsible for implementation of many aspects of this program; however, if an NRD cannot or will not implement a SPA, the Department has the responsibility of implementation. State Contact: Special Protection Area Program Nebraska DEQ Suite 400, 1200 N St., The Atrium Lincoln, NE 68509-8922 ------- WATER PROGRAMS Clean Lakes Program The NDEQ's Surface Water Section coordinates the state's Clean Lakes Program. This involves coordinating agreements with Natural Resources Districts and municipalities to evaluate lake problems and develop studies for corrective actions. Additional activities include coordinating a citizen's volunteer lake monitoring program and conducting pollution modelling to identify critical areas of erosion and high priority watersheds. Additional Information State Contact: Clean Lakes Program Nebraska DEQ Suite 400,1200 N St., The Atrium Lincoln, NE 68509-8922 1-402-471-4700 46 ------- WATER PROGRAMS WASTEWATER State Revolving Fund Loan Program The 1987 Amendments to the Clean Water Act authorized the Administrator of the Environmental Protection Agency to make grants (called capitalization grants) to the states for deposit in State Water Pollution Control Revolving Funds (SRF). Using the SRF, the state of Nebraska can provide loans to communities, sanitary districts and intermunicipal agencies for the construction of publicly-owned wastewater treatment facilities. The SRF is primarily state-operated, with minimal federal requirements beyond those specified by law. In addition to federal funds, which continue to be placed in the Nebraska SRFs through 1994, Nebraka must provide a 20% match. Additional Information U. S. EPA State Revolving Fund Program Implementation Regulations, 40 CFR 35. Regional Contact: State Contact: SRF Program Water Management Division EPA Region 7 726 Minnesota Ave. Wastewater Treatment Section Nebraska DEQ Suite 400,1200 N St., The Atrium Lincoln, NE 68509-8922 1-402-471-4220 Kansas City, KS 66101 1-913-551-7031 ------- WATER PROGRAMS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) Public Law 92-500 amended the Federal Water Pollution Control Act in 1972 (later amended and renamed the Clean Water Act). It established a national policy to restore and maintain the chemical, physical and biological integrity of the nation's waters. The U.S. EPA or the state environmental control agency has responsibility for administering NPDES permits. These permits are issued to operators discharging any pollutant (including wastewater effluent) to State/U.S. waters (such as streams, lakes, wetlands, etc.) Specific terms and conditions for a NPDES permit vary from state to state, but each primacy state must administer the program to meet minimum EPA standards. In addition, permit requirements within a given state may also vary because of different geological conditions, the beneficial uses of the receiving water and other factors at the discharge site. Actions your community should be taking Maximize community awareness and education concerning wastewater col- lection and disposal, available solution alternatives, funding resources and proce- dures for implementing the most appropriate wastewater collection and treatment facility. Numerous technical and administrative resources are available at little or no cost to the community. Additional Information Federal Water Pollution Control Act of 1972 (33 U.S.C. 1342). EPA Administered Permit Programs: The National Pollutant Discharge Elimination System, 40 CFR 122. Regional Contact: State Contact: NPDES Program Water Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7034 Permits & Compliance Section Nebraska DEQ Suite 400,1200 N St., The Atrium Lincoln, NE 68509-8922 1-402-471-4239 ------- WATER PROGRAMS SECONDARY TREATMENT OF MUNICIPAL WASTEWATER 46 Secondary treatment is the minimum treatment requirement for most Publicly Owned Treatment Works (POTW). Secondary treatment, among other things, requires that effluent concentration of five-day biochemical oxygen demand (BOD j) and total suspended solids not exceed 30 mg/1 as a 30-day average. Some states allow higher total suspended solids limits if certain condi tion^are met. In general, at a minimum, the treatment process must be a stabilization pond. Does the secondary treatment regulation apply to my community? Yes, all treatment facilities that discharge to waters of the U.S. must comply. Beneficial uses of the receiving waters may necessitate higher quality effluent be discharged or possibly require no discharge. Actions your community should be taking If a wastewater treatment plant discharges to waters of the State/United States (such as streams, lakes, wetlands, etc.), it is required to have a National Pollutant Discharge Elimination System (NPDES) permit. States may have slightly different names for their permit programs. The permit will specify effluent limitations and monitoring requirements. If a POTW cannot meet the effluent limitations specified in the permit, it may be necessary to upgrade the treatment facility, review operational improvements, and/or improve the sewer collection system to correct excess inflow/infiltration problems. If you suspect a problem, notify the organization you feel appropriate, starting with the POTW itself, community officials, county sanitarians, or state officials responsible for water quality and/or wastewater discharge permits. Because Nebraska has primacy, the Nebraska DEQ must be contacted direcdy concerning administration of federal requirements. States may have more stringent effluent requirements for specific streams or watersheds in order to comply with State Water Quality Standards. ------- Additional Information: U. S. EPA Secondary Treatment regulation, 40 CFR 133. Regional Contact: State Contact: Water Compliance Program Water Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7034 Permits & Compliance Section Nebraska DEQ Suite 400, 1200 N St., The Atrium Lincoln, NE 68509-8922 1-402-471-4239 ------- WATER PROGRAMS SEWAGE SLUDGE" USE AND DISPOSAL Municipal wastewater sludge is a by-product of the wastewater treatment process. Sludge regulations ensure that sewage sludge is handled properly by diposal or used as a soil conditioner or fertilizer. Do the sewage sludge regulations apply to my community? Yes, the regulations apply if the wastewater treatment system includes any form of central treatment or mechanical plant, including a lagoon, which will need to be cleaned. The regulations do not apply if individual on-site septic systems are used. However, septage from individual on-site systems must be properly handled according to the final regulations. Timetable The final Sewage Sludge regulations were published on February 19,1993 and became effective March 22, 1993. If communities can meet the requirements of the sludge regulations without construction, it must be done by February 19, 1994. However, if construction is required, communities will have until February 19,1995. Monitoring and record keeping must commence by July 19,1993. Actions your community should be taking Be aware of restrictions covering proper use of the sewage sludge for land application (agricultural and small quantity local use) and proper disposal (incin- eration and surface disposal). Communities(except those with lagoons**) should immediately begin testing the sludge being disposed of to determine its quality. Then, the communities should evaluate which options are available based on the sludge in accordance with the 503 regulations. These regulations are "self-implementing." In other words, they are in effect and enforceable regardless of whether or not they are in your current wastewater treatment facility permit. ~The term, "Biosolids," may be used instead of "sludge" in some literature. **Lagoons are not required to comply with the Sewage Sludge regulations until the sludge is removed from the lagoon. ------- Additional Information U.S. EPA Sewage Sludge Rule, 40 CFR Part 503. Regional Contact: State Contact: Sludge Program Water Managment Division EPA Region 7 726 Minnesota Ave. Kansas Gty, KS 66101 1-913-551-7034 Permits & Compliance Section Nebraska DEQ Suite 400,1200 N St., The Atrium Lincoln, NE 68509-8922 1-402-471-4239 ------- WATER PROGRAMS PRETREATMENT REQUIREMENTS Pre treatment refers to those measures taken to prevent pollutants, from sources other than conventional domestic wastewater, entering the wastewater system. Pre- treatment is the treatment of a waste before it is discharged into the sanitary sewer. A pretreatment program includes ordinances, education, inspections, monitoring, and enforcement Pretreatment requirements control pollutants which are incompatible or will interfere with the treatment process or pass-through the publicly-owned treatment works (POTW) and cause problems in the receiving stream or lake. In addition, pretreatment requirements will improve opportunities to recycle and reclaim domestic and industrial wastewaters and sludges. Do the Pretreatment requirements apply to my community? Traditionally, the smaller POTWs with individual discharges are not required to establish local pretreatment programs. If the community has non-domestic users (such as sawmills, food processing plants, metal finishers, etc.) discharging pollutants that could pass through the POTW untreated or interfere with operations, the commu- nity may have to submit a treatment agreement to satisfy the National Pollutant Discharge Elimination System (NPDES) permit requirements. Your current NPDES permit contains a section that explains when a treatment agreement is required and may contain limits and monitoring requirements applicable to existing major contributing industries. These requirements are designed to insure that you protect your POTW and the quality of the water discharged. If the rule applies to my community, what should I do? If you are required to establish a pretreatment program, your municipality will need to establish local ordinances implementing the pretreatment requirements, and identify a person responsible for insuring the program is administered and enforced. Discharge limitations are developed and enforced by POTWs to implement prohibitions and to protect the POTW. They are site specific to ensure pretreatment standards are in place to protect the POTW, the receiving stream and municipal sludge quality. If your community wants to establish^ local pretreatment program, not required through your NPDES permit, contact the State or EPA for assistance. ------- Additional Information Pre treatment Final Rule, 40 CFR 403. Regional Contact: Pre treatment Program Water Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7034 State Contact: Permits & Compliance Section Nebraska DEQ Suite 400,1200 N St., The Atrium Lincoln, NE 68509-8922 1-402-471-4239 ------- WATER PROGRAMS STORM WATER The storm water regulations are a new part of the National Pollutant Discharge Elimination System (NPDES). As pan of the Clean Water Act amendments of 1987, Congress acted to directly address storm water by adding Section 402(p). In response to these changes, EPA issued a final application rule in November 1990. At this time, the municipal side of the program requires applications only from cities with a population of 100,000 or more, and counties having large populations in unincorporated, urbanized areas. Phase II (sometime after October 1994) may require communities less than 100,000 to obtain a permit and develop a storm water manage- ment program. It is unknown at this time if there will be exemptions for very small communities. Only three "industrial activities" owned or operated by a municipality with a population under 100,000 are covered by the storm water regulations (uncontrolled landfills, airports and power plants). Actions your community should be taking Find out if the defined industrial operations owned or operated by the community (i.e. landfill, airport, and power plant) need permits. The State contact will be able to give assistance to determine which industrial operations need permits and how to apply for the permits. Develop an information and education program for the community to increase awareness of the relation between the storm water drain system and the local lake or stream. Storm water runoff collects in street gutters and storm drains and flows directly to streams with little or no treatment. Citizens need to be educated so that they know they play arole in the quality of the streams and lakes. Dumping used motor oil, unused paint, pesticides and other household chemicals on the ground or in the street can severely impact nearby surface water. Communities should also consider establishing local ordinances controlling the improper disposal or discharge of pollutants to the municipal storm water drain system. -81- ------- -For the following facilities, if materials are exposed to storm water: facilities classified under SIC codes 20,21,22,23,2434,25,265,267,27,283,31 (except 311), 34 (except 3441), 35,36,37 (except 373), 38,39, and 4221-25 (including food; tobacco, textile; apparel; wood kitchen cabinets; furniture; paperboard containers and boxes; converted paper/paperboard products; printing; drugs; leather, fabricated metal products; industrial and commercial machin- ery and computer equipment; electronic equipment; transportation equip- ment; measuring, analyzing and controlling instruments and photographic, medical and optical goods, and watches and clocks; miscellaneous; and certain warehousing and storage manufacturers). Additional Information Regional Contact: State Contact: Stormwater Program Water Management Division EPA Region 7 726 Minnesota Ave. Kansas City, KS 66101 1-913-551-7034 Permits & Compliance Section Nebraska DEQ Suite 400,1200 N St., The Atrium Lincoln, NE 685 -8922 1-402-471-4239 ------- DEFINITIONS-ACRONYMS AHERA - Asbestos Hazard Emergency Response Act ASHAA - Asbestos School Hazard Abatement Act Bacteria - Microbiological contaminants found in drinking water samples are fecal coliforms and the bacterium E. coli. Their presence is evidence of sewage contamination. BOD5 - Measurement of oxygen required for biochemical degradation of organic matter, and the oxygen used in the degradation of inorganic matter in water (usually in reference to a wastewater or receiving stream sample). Biosolids - Sewage sludge, a byproduct of wastewater treatment. CERCLA - Comprehensive Environmental Response, Compensation and Liability Act, also known as Superfund. CFR - Code of Federal Regulations DBP - Disinfection By-product EPA - Environmental Protection Agency FIFRA - Federal Insecticide, Fungicide and Rodenncide Act Groundwater - Water below the land surface that feeds wells and springs. IOC - Inorganic Chemical IRAA - Indoor Radon Abatement Act LEA - Local Education Agency LEPC - Local Emergency Planning Committee, established under SARA MCL - Maximum Contaminant Level MSWLFC - Municipal Solid Waste Landfill Criteria NDEQ - Nebraska Department of Environmental Quality NDOH - Nebraska Department of Health NESHAP - National Emision Standards Hazardous Air Pollutants ------- NPDES - National Pollution Discharge Elimination System NPDWR - National Primary Drinking Water Regulation NTNC - Non-transient non-community OSHA - Occupational Safety and Health Administration pH-A measurement of hydrogen ion in a compound; determines whether a compound is "acidic" or "basic." POTW - Publicly Owned Treatment Works Public Water Supply - (25 or more persons or 15 or more service connections) RCP - Radon Contractor Proficiency RCRA - Resource Conservation and Recovery Act SARA - Superfund Amendments and Reauthorization Act SDWA - Safe Drinking Water Act SERC - State Emergency Response Commission, established under SARA SIC - Standard Industrial Classification SMCRA - Surface Mining Control and Reclamation Act SMF - Standardized Monitoring Framework SOC - Synthetic Organic Chemical (non-volatile) SRF - State Revolving Fund TCLP - Toxicity Characteristic Leaching Procedure TSCA - Toxic Substances Control Act UIC - Underground Injection Control UST - Underground Storage Tank VOC - Volatile Organic Chemical WHP - Wellhead Protection ------- Everything You Wanted To Know About Environmental Regulations . . . But Were Afraid To Ask uU.ujjj* Town Hall A Guide For Nebraska Communities ------- |