Contaminant Candidate List (CCL) Regulatory Determinations

1. Contaminant Candidate List (CCL) Regulatory Determinations Water Quality Training Roundtable 2000 February 7, 2000

2. SDWA History 1974: Establish basic program and National Primary Drinking Water Regulations 1986: Accelerate pace of drinking water standards; 83 by 1989 and 25 every 3 years 1996: Risk based priority setting • Target contaminants posing greatest threat • Emphasis on sound science and data collection

3. Our mandates - SDWA Statutes: Regulation Determination 1412(b)(1)(B)(ii) • Not later than 5 years after the date of enactment (by Aug 6, 2001) and every five years thereafter. • For not fewer than 5 contaminants. • After notice of the preliminary determination and opportunity for public comment. • A determination not to regulate a contaminant shall be considered final agency action and subject to judicial review.

4. Our mandates - SDWA Statutes: Regulation, Health Advisories and Other Actions 1412(b)(1)(E) • Propose MCLGs and NPDWRs no later that 24 months after the determination to regulate and may publish them concurrently. • Publish MCLGs and promulgate NPDWRs within 18 months after the proposal thereof, and may extend the deadline for such promulgation for up to 9 months. • Publish health advisories (which are not regulations) or take other appropriate actions for contaminants not subject to any NPDWRs.

5. Developing the CCL • 1996 SDWA - establish a list of contaminants to aid in priority setting for Agency’s drinking water program • Consultation with stakeholders and National Drinking Water Advisory Council • Public water utilities, environmental and public interest groups, state regulatory agencies, public health offices

6. Expert Panel Public Comment ~25 Microbes How Were Contaminants Identified? Present in water at levels of public health concern No 260 Chemical Contaminants Yes Presence likely Production Release Persistence Mobility Include on the CCL 50 Chemical 10 Microbes Yes High Relative Health Risk No Low

7. When was CCL Finalized? • Draft CCL in October 1997 for public comment • 71 contaminants: 13 microbes, 58 chemicals • 71 comments • Final CCL in March 1998 • 60 contaminants: 10 microbes, 50 chemicals

8. CCL Purpose • A list of contaminants not subject to NPDWR, known to occur, that may require regulation. • Primary source of priority contaminants for dw program. • Focus and prioritize research agenda (Research Strategy) • Source for selection of contaminants to monitor (UCMR) • Make regulatory determinations for at least 5 contaminants by August 2001 and every 5 years after

9. CCL Priorities and Actions 2001 Decision Actions CCL Regulatory Determination Priorities: 12 Regulate Further . Don't Regulate Analysis Other (guidance) Research Health, Treatment, Analytical Methods Research & Next Occurrence CCL Priorities: 48 (2003) Occurrence Data Collection

10. CCL Activities Research and Occurrence Needs Regulatory Determinations Future CCLs • CCL Research Strategy • UCMR Data Collection • Setting Priorities for Drinking Water Contaminants, NRC • NDWAC Working Group • Health Effects and Occurrence Data Analysis • Identifying Future Drinking Water Contaminants, NRC • NRC Study • AWWARF Study • NCOD Development • Emerging pathogens

11. Reg Determination Priorities Naphthalene Hexachlorobutadiene Acanthamoeba (guidance) 1,3-dichloropropene Aldrin Dieldrin Metolachlor Metribuzin Sodium (guidance) Boron Manganese Sulfate

12. SDWA Criteria to Regulate (1412(b)(1)(A)) Publish MCLG and promulgate NPDWRs if the Administrator determines that: (i) The contaminant may have an adverse effect on the health of persons; (ii) The contaminant is known to occur or there is substantial likelihood that the contaminant will occur in public water systems with a frequency and at levels of public health concern; and (iii) Regulation of the contaminant presents a meaningful opportunity for health risk reduction for persons served by public water systems.

13. What is our Approach in making Determinations? • NRC report: “Setting Priorities for Drinking Water Contaminants” • Stakeholder meetings • AWWRF and NDWAC efforts - Approaches for selecting contaminants and recommended protocols for making reg determinations

14. Timeline Finalize Determinations in FR Propose Determinations in FR Public Comment 4/2001 8/2001 1/2000 Stakeholder Input Evaluate Data Prepare Support Documents

15. 97 98 99 00 01 02 03 04 05 06 SDWA Schedule Research & Occurrence Data Collection for CCL1 contaminants CCL1 Feb 98 CCL2 Feb 03 Final Rule(s) Feb 05 Regulatory Determinations Aug 2001 RegDeterm’ns Proposed rule(s) Aug 03 Research & Occurrence Data Collection for CCL2 contaminants

16. Feedback • Which, if any, require attention? metolachlor, aldrin, dieldrin, 1,3 dichloropropene, metribuzin, acanthomeoba, sulfate, sodium, naphthalene, boron, manganese and hexachlorobutadiene • What criteria to regulate should we be looking at? • Which unregulated contaminants, if any, are you most concerned about? • Recommendations?

17. Information or Questions Dan Olson USEPA Office of Ground Water and Drinking Water 202-260-6269 olson.daniel@epa.gov