Small Water Systems TAC-Meeting Minutes 12/7/2017

Transcription

1 Minutes f the Dec 7, 2017 Meeting Small Water Systems Technical Assistance Center (TAC) Advisry Bard A regular meeting f the TAC Bard was called t rder by Chairpersn Serena DiMagn at 9:10 AM in Rm 105 f the Rachel Carsn State Office Building. The purpse f the meeting was t discuss the draft final-frm General Update and Fees regulatin language (Annex A) and finalize TAC s cmments. The fllwing Bard members were present: Amy Batdrf, Pennsylvania Municipal Authrities Assciatin (PMAA) Dug Crawshaw, American Water Wrks Assciatin (AWWA) Serena DiMagn, Water Wrks Operatrs Assciatin f Pennsylvania (WWOAP) Lauren Grss, Pennsylvania Assciatin f Realtrs (PAR) Christine Malni Hver, Office f Cnsumer Advcate (OCA) Penny McCy, Pennsylvania Rural Water Assciatin (PRWA) Mary Rland, State Bard fr Certificatin f Sewage Treatment Plant & Waterwrks Operatrs (SBCSTPWWO) Mike Sienkiewicz, Pennsylvania Manufactured Husing Assciatin (PMHA) Sukhwindar Singh, RCAP Slutins James Steele, Pennsylvania Builders Assciatin (PBA) The fllwing Alternate members were present: Chip Bilger, Water Wrks Operatrs Assciatin f Pennsylvania (WWOAP) Christine Caldara Piats, Center fr Rural Pennsylvania (CRP) Jennifer Case, Pennsylvania Municipal Authrities Assciatin (PMAA) Lisa Daniels, Pennsylvania Department f Envirnmental Prtectin (DEP) Sharn Fillmann, American Water Wrks Assciatin (AWWA) Mary Gaiski, Pennsylvania Manufactured Husing Assciatin (PMHA) Mike Kelly, Pennsylvania Department f Cmmunity & Ecnmic Develpment (DCED) mrning nly Larry Miller, Pennsylvania Builders Assciatin (PBA) Curt Steffy, State Bard fr Certificatin f Sewage Treatment Plant and Waterwrks Operatrs (SBCSTPWWO) James Wheeler, Pennsylvania State Assciatin f Twnship Supervisrs (PSATS) afternn nly The fllwing Organizatins were nt represented: Cunty Cmmissiners Assciatin f Pennsylvania (CCAP) League f Wmen Vters, Pennsylvania Pennsylvania. Assciatin f Cnservatin Districts, Inc. (PACD) Pennsylvania Infrastructure Investment Authrity (PIIA) Pennsylvania Public Utility Cmmissin (PUC) Rural Utilities Services (RUS) (unable t cnnect t webinar) Members/alternates frm 13 rganizatins were present; therefre, a qurum was present. 1

2 The fllwing DEP staff were present: Jeff Allgyer, Bureau f Safe Drinking Water Kevin Andersn, Bureau f Safe Drinking Water Ed Chescattie, Bureau f Safe Drinking Water Sabrina Haydt, Bureau f Safe Drinking Water Dawn Hissner, Bureau f Safe Drinking Water Nn-Members present at the meeting: Frank Medra, Aqua Pennsylvania Kristine Kevismar, Lehigh Cunty Authrity Gretchen Schleppy, Lehigh Cunty Authrity Rita Kpansky, Philadelphia Water Department Dennis O Cnnr, Philadelphia Water Department Hayley Jeffrds, DEP Plicy Office Bill McNamara, Bureau f Safe Drinking Water Nichle McDannell, Bureau f Safe Drinking Water David Mittner, Bureau f Safe Drinking Water Bill Murray, Reading Area Water Authrity Matt Walbrn, Western Berks Water Aut hrity Leda Liptn, PA Huse f Representatives Erik Rss, Millirn & Gdman General Advisry Bard business: Tw items f general business were intrduced prir t new business: Sukhwindar Singh and Seth Lht are acknwledged as the new member and alternate, respectively fr RCAP Slutins, Inc. The draft minutes frm the August 24, 2017 TAC Bard meeting were presented fr discussin. One edit was nted (Chip Bilger attended in persn). Mary Rland (SBCSTPWWO) made a mtin t apprve the August 24, 2017 minutes with the edit as nted; Dug Crawshaw (AWWA) secnded the mtin. The mtin passed by a unanimus vte. Remarks by Secretary McDnnell Secretary McDnnell thanked the TAC Bard members fr their participatin n this Advisry Cmmittee, expressed DEP s cntinued cmmitment t transparency and wrking with regulated facilities and the general public n regulatin and guidance develpment. Several TAC members ffered cmments n SDW prgram implementatin: The bttled water industry cntinues t exprt water ut f Pennsylvania with few restrictins. There is cncern abut fees and whether DEP has been and is actively pursuing ecnmies within the agency t minimize the need fr and cst f annual fees. (NOTE: DEP has abslutely undertaken ecnmies where pssible, such as e-inspectins and new technlgy, but years f budget cuts have taken a tll.) Advisry cmmittees shuld be prvided the draft Cmment & Respnse dcument fr a prpsed regulatin fr review because the e-cmment site des nt include the Department s respnses t cmments. DEP des wrk well with this Advisry Cmmittee, but there cntinues t be a lack f cnsistency acrss the state in implementing the regulatins. Requiring the 6-mnth Surface Water Identificatin Prtcl t be cmpleted befre a facility is apprved t perate is very expensive. 2

3 TAC Bard Discussin n draft Final-Frm Annex A General Update and Fees DEP reviewed the changes made t the prpsed regulatin. Discussin ccurred n the draft final-frm Annex A language and the cmments received during the public cmment perid fr the prpsed rule. Mst f the turbidity revisins were deleted. The perfrmance level and IFE trigger levels fr membrane plants were retained. Under the alarm & shutdwn prvisins, it was nted that nt all water systems use the clearwell as a disinfectin segment fr Giardia CT (lg inactivatin). TAC requested clarificatin n wh must submit the minr amendment fr changing a surce designatin t/frm the reserve status and wh must/may submit the dcumentatin. Nt all equipment and physical pieces f a PWS have NSFD apprved cmpnents (e.g. gaskets in chemical feed pumps that cme int cntact with the chemical but d nt cme int direct cntact with the water). Additinally, there is incnsistent implementatin between district ffices. The General Permit fee in the regulatin is the maximum fee fr each General Permit; each General Permit will have its wn fee. It is expected that a many f the minr permit amendments will be evaluated as ptential General Permits. DEP was questined n whether all the cmments relating t the assessment f fees were cnsidered and that the fees fr bttled water facilities shuld be higher; DEP s respnse was that yes, all cmments were cnsidered but the ver-riding issue is the requirement t ensure the fee assessment is fair and equitable based n the level f service prvided. Feasibility (r pilt) study and permit fees shuld be based n prject cmplexity nt ppulatin (NOTE: larger water systems are autmatically mre cmplex, especially when cnsidering the permit histry and simultaneus cmpliance issues.) Replace-in-kind fr equipment shuld nt require a permit amendment. (NOTE: Generally, replace-inkind, r like-fr-like, des nt require a permit, but there are sme exceptins that d require a minr permit amendment; DEP will discuss with reginal permitting staff.) DEP needs t develp guidance & training n what cnstitutes a minr permit amendment. (NOTE: After the meeting, DEP ed the link t the existing permit guidance that prvides these details t the TAC members.) The fee payment schedule and due dates shuld be recnsidered because mst water systems have already finalized their budgets fr 2018 and an annual fee shuld be based n the calendar year (i.e. Jan 1-Dec 31). DEP shuld cnsider ffering a discunt fr early payment (similar t water & sewer bills) and the cap fr allwing quarterly payments shuld be lwered r eliminated. 3

4 TAC Bard Cmments n draft Final-Frm General Update and Fees NOTE: Mike Kelly (DCED) left befre the frmal cmments were presented and apprved. Hwever, James Wheeler (PSATS) arrived in time t participate in the frmal cmments and vting. Therefre, there are 13 rganizatins cunted in the vting n the fllwing cmments. Serena DiMagn made a mtin that TAC wuld like t express appreciatin t DEP fr taking their cmments regarding the turbidity prvisins int cnsideratin. The mtin was secnded by Penny McCy. The mtin passed by a unanimus vte. Dug Crawshaw made a mtin that Sectin CCR requirements: Subparagraph (4)(ii) shuld be revised t include an additinal sentence, When e-reprting is available, electrnic submissin shall suffice in lieu f mailing a paper cpy. This is envirnmentally prudent and resurce cnservative. The mtin was secnded by Mary Gaiski. The mtin passed by a unanimus vte. Mary Rland made a mtin that language similar t what is included in the Disinfectin Requirements Rule fr an alternative cmpliance schedule be added t the alarm and shut-dwn prvisins in Sectin (f) & (g) (i.e. The department may apprve in writing an alternate cmpliance schedule if the water supplier submits a written request with supprting dcumentatin befre the effective cmpliance date. ). The mtin was secnded by Amy Batdrf. The mtin passed by a unanimus vte. Mary Rland made a mtin that Subparagraph (iii) in Sectin (i)(2) shuld be revised t replace the term clearwell water levels with water levels t maintain adequate CT fr Giardia inactivatin because nt all water systems use the clearwell as a disinfectin segment fr CT. The mtin was secnded by Dug Crawshaw. The mtin passed by a unanimus vte. Dug Crawshaw made a mtin that changes t Sectin be deferred (except fr subparagraph (e)(3)(v)) until further infrmatin is available frm NSF r anther certificatin rganizatin because the requirement that all equipment be certified as cmpliant with NSF standard 61 is nt pssible. The mtin was secnded by Serena DiMagn. The vte was recrded as fllws: Organizatin Vte Organizatin Vte Organizatin Vte DEP N PMHA Yes PBA Yes PRWA Yes PSATS Yes PAR Yes PMAA Yes RCAP N SBCSTPWWO Yes AWWA Yes OCA N CRP N WWOAP Yes The mtin passed by a vte f 9 t 4. Dug Crawshaw made a mtin that if DEP is unable t defer the changes t Sectin , then the phrase which may cme int cntact with r affect the quality f the water in Subsectins (c) & (d) shuld be revised s that they state, which directly cmes int cntact with r directly affects the quality f the water. The mtin was secnded by Lauren Grss. The vte was recrded as fllws: 4

5 Organizatin Vte Organizatin Vte Organizatin Vte DEP N PMHA Yes PBA Yes PRWA Yes PSATS Yes PAR Yes PMAA Yes RCAP Yes SBCSTPWWO Yes AWWA Yes OCA N CRP Yes WWOAP Yes The mtin passed by a vte f 11 t 2. Sharn Fillmann made a mtin t adpt IRRC Cmment #7. Philadelphia Water Department (PWD) cmments that the term equipment and the expanded certificatin requirements in this prvisin are unclear. PWD states that ptentially requiring every pump r piece f equipment in a treatment facility t be certified will be very cstly, and it is uncertain what public health risk this prpsed change is designed t address. NAWC cmments similarly that the current wrding in the regulatin is verly brad. The Bard shuld define equipment, clarify its intent regarding certificatin, and explain the reasnableness f the expanded certificatin, including addressing ecnmic impacts. The mtin was secnded by Mary Gaiski. The mtin passed by a vte f 12 t 1 (DEP vted N). Jim Steele made a mtin that the phrase r the cmpnents f a POE device shuld be added t the language in Sectin (b), s that it states, POE devices r the cmpnents f a POE device used by a public water supplier shall be tested and certified by the NSF r ther certificatin rganizatin acceptable t the Department. The mtin was secnded by Mary Rland. The mtin passed by a vte f 11 t 1 with 1 abstentin (OCA vted N; DEP abstained). Chip Bilger made a mtin that the $10,000 annual fee cap fr quarterly payments shuld be eliminated and the ptin t submit the annual fee ver 4 quarters shuld be allwed fr all water systems. The mtin was secnded by Dug Crawshaw. The mtin passed by a vte f 11 t 1 with 1 abstentin (PRWA vted N; DEP abstained). NOTE: Lauren Grss (PAR) was nt present fr the remainder f the meeting. Therefre, there are 12 rganizatins cunted in the vting n the fllwing cmments. Mary Rland made a mtin that the fees in Sectin shuld be reevaluated t bear a reasnable relatinship t the cst f the service. The mtin was secnded Chip Bilger. During the discussin f the mtin DEP asked whether this evaluatin is different than what was presented in the preamble t the prpsed rule and what is in Sectin the respnse was Yes. The vte was recrded as fllws: Organizatin Vte Organizatin Vte Organizatin Vte DEP N WWOAP Yes OCA N PRWA N PMHA Yes PBA Yes PMAA Yes PSATS Yes SBCSTPWWO Yes AWWA Yes RCAP Yes CRP N The mtin passed by a vte f 8 t 4. 5

6 Penny McCy made a mtin that Subchapter N be eliminated and DEP shuld request adequate funding frm the legislature. The mtin was secnded Larry Miller. The vte was recrded as fllws: Organizatin Vte Organizatin Vte Organizatin Vte DEP N WWOAP Yes OCA N PRWA Yes PMHA Yes PBA Yes PMAA Yes PSATS N SBCSTPWWO Yes AWWA Yes RCAP N CRP N The mtin passed by a vte f 7 t 5. Serena DiMagn made a mtin that Sectin (c)(1) be revised s that the payment schedule begins n January 1 f the calendar year fllwing the publicatin date f the final regulatin (the language shuld be revised t what was presented t TAC n 11/14/2016 fr the prpsed rule). This is an annual fee that shuld be based n the calendar year beginning January 1 because f budget cycles set by water systems. Mst water systems have already finalized their 2018 budgets. The mtin was secnded Mary Gaiski. The mtin passed by a vte f 11 t 1 (PRWA vte N). Adjurn Penny McCy made a mtin t adjurn. The mtin passed by a unanimus vte; the meeting adjurned at 3:30 PM. 6