Rural Water - Quarter 2, 2011 - (Page 38)

Regulatory Update BY ED THOMAS, NRWA Unregulated Contaminant Monitoring Rule 3 — The Agency has released their proposed third round of unregulated contaminants for monitoring by utilities. The list contains 24 chemical contaminants, four elemental metals and two viruses. All systems serving more than 10,000 people are required to collect samples and pay for the laboratory analysis. A representative sample of 800 systems serving less than 10,000 people will be required to collect samples but EPA will pay for the laboratory analysis. The monitoring will be conducted between 2013 and 2015. MCL for Perchlorate — On February 11, 2011 EPA reversed its determination to not regulate perchlorate. The agency determined that the contaminant meets SDWA’s criteria for developing a MCL — that is, “perchlorate may have an adverse effect on the health of persons; perchlorate is known to occur or there is a substantial likelihood that perchlorate will occur in public water systems with a frequency and at levels of public health concern; and in the sole judgment of the Administrator, regulation of perchlorate in drinking water systems presents a meaningful opportunity for health risk reduction.” This is directly the opposite of the agencies fi nding in 2008 where they stated that “in 99 percent of public drinking water systems, perchlorate was not at levels of public health concern. Therefore, based on the Safe Water Drinking Act criteria, the Agency determined there is not a ‘meaningful opportunity for health risk reduction’ through a national drinking water regulation.” Chromium-6 — The Environmental Working Group (EWG) released a report regarding the occurrence of Chromium-6 in drinking water. Rural Water contacted EWG to request a copy of the data they used to develop the report and they denied our request. We are still waiting on the data to properly assess and validate the report. Three weeks after the EWG report, the EPA released guidance recommending that utilities monitor for the contaminant. The guidance recommends all utilities to collect samples at the intake, the entry point to the distribution system, and in the distribution system at a frequency of quarterly for surface water and semi-annually for ground water. Fluoride — In January, 2011 the EPA announced its intent to review the primary MCL (4 ppm) and secondary MCL (2 ppm) for fluoride. Concurrent with the agencies announcement to review the MCLs, they released a revised health risk and exposure assessment. Based on the risk assessment and the Health and Human Services findings, the agency is likely to lower the maximum allowable level to 0.7 ppm and eliminate the secondary MCL. Red Flag Rule — Congress passed updated red fl ag rule legislation in December of 2010. The revised Act changes the defi nition of “creditor” to limit the type of entities covered by the rules to fi nancial institutions and creditors who undertake credit transactions that are not related to the provision of a service incidental to the transaction. The act limits the defi nition of covered creditor to any entity that regularly and in the ordinary course of business: 1. Obtains or uses consumer reports, directly or indirectly, in connection with a credit transaction, 2. Furnishes information to consumer reporting agencies in connection with a credit transaction, or 3. Advances funds to or on behalf of a person on an obligation for the person to repay the funds, or is repayable from specific property pledged. The new definition now should provide relief and exclude the majority of drinking water and wastewater utilities because they do not use or obtain consumer credit reports in the regular or ordinary course of business and are not in the business of fi nancial services. However, if a water Continued on page 40 38 • Second Quarter 2011

Table of Contents for the Digital Edition of Rural Water - Quarter 2, 2011

Rural Water - Quarter 2, 2011
From the President
Reducing Energy Costs for Public Water Systems
Are You There Yet? Evaluating Your Portfolio
Where the Dollars Are: The Low Hanging Fruit in Money and Energy Savings
Information Technology and Water Systems
Stormwater Solution
The Next Workforce
Water University Graduates
The Voice of Rural Water: Rural Water Rally 2011
Regulatory Update
Throwing My Loop
Index to Advertisers/
From the CEO

Rural Water - Quarter 2, 2011