# Presentation: 310561

## Overview of EPA Operator Certification Guidelines 

** **

**March 9, 2001**

## Background

## Of Interest!

**Of Interest!**

**48 States had mandatory programs before 1996 SDWA Amendments**
**Idaho had a voluntary program**
**Delaware developing mandatory program**** **
**EPA's Guidelines only specify***** minimum***** standards**
**Guidelines apply to State programs, not operators**** **

## Statutory Requirements

**Statutory Requirements**

**SDWA Section 1420**** **
**Establish partnership with States, public water systems, and the public **
**Develop and publish information for States on recommended operator certification guidelines by February 6, 1998**

## Information for States Compilation

**Information for States Compilation**

**Collection of available information**
**Summary of existing State programs**
**Association of Boards of Certification Standards**
**Excerpt from "Safe Water From Every Tap" that emphasizes the need for training operators of small systems**
**List of State Drinking Water Administrators and Certification Program Officers**

## Statutory Requirements (Con't)

**Statutory Requirements (Con't)**

**SDWA Section 1419**
**Guidelines for the certification and recertification of operators of community and nontransient noncommunity public water systems**
**Develop in cooperation with the States**
**Publish in the *****Federal Register***** by February 6, 1999 (Final guidelines published on February 5, 1999)**** **
**States have 2 years from the date of publication of the guidelines to adopt and be implementing a program that meets the guidelines or EPA must withhold 20% of a State's Drinking Water State Revolving Fund capitalization grant **** **

## Statutory Requirements (Con't)

**Statutory Requirements (Con't)**

**SDWA Section 1419**** **
**Any State that wants to enforce its existing program in lieu of the guidelines must submit its program by August 5, 2000 ("substantially equivalent" program)**** **
**Provide (through grants to States) reimbursement to operators of systems serving 3300 or fewer persons for the costs of training and certification, including per diem for unsalaried operators**
**Separate appropriation of $30 million per year for FY 1997- FY 2003**
**If funds are not appropriated, EPA must take needed funds from DWSRF appropriation**

## Guideline Development Process

**Guideline Development Process**

**Two Working Groups**
**The Partnership (a NDWAC workgroup)**
**identified potential minimum standards and reviewed output of State/EPA Workgroup**
**The State-EPA Workgroup**
**drafted issue papers for each standard**
**Groups exchanged reviews and worked toward consensus**
**Partnership presented its recommendations for draft guidelines to the full NDWAC in October 1997**

##  Guideline Development Process (Con't)

** ****Guideline Development Process (Con't)**

**EPA published Draft Guidelines in the *****Federal Register *****on March 27, 1998****  **** **
**Three public stakeholder meetings:**
**April 23, 1998 - San Francisco, CA**
**June 2, 1998 - Washington, DC**
**June 9, 1998 - Dallas, TX **

## Public Comments

**Public Comments**

**EPA received 98 sets of comments **
**Breakdown of Commenters:**
**35 State Agencies **
**30 Water Utilities **
**18 Business/Trade Groups**
**5 Water System Operators **
**2 Federal Agencies **
**1 Operator Training Provider **
**1 Tribal Representative **
**1 Congressional Representative**

## Guideline Development Process (Con't)

**Guideline Development Process (Con't)**

**Both work groups met in August 1998 to consider the comments received on the draft guidelines during the public comment period and to recommend changes **
**Partnership presented its recommendations for the final guidelines to the full NDWAC in November 1998**** **

## 

Operator Certification Guidelines

**Operator Certification Guidelines**

## Elements of the Guidelines

**Elements of the Guidelines**

**Public Health Objectives**
**Anti-backsliding Provision**
**Nine Baseline Standards**
**Program Submittal Process**
**Submittal Schedule (reserved)**
**Submittal Contents**
**Initial Submittal**
**Subsequent Years (Annual) Submittal**
**Definitions**

## Public Health Objectives

**Public Health Objectives**

**Ensure that:**
**Customers of any public water system be provided with an adequate supply of safe, potable drinking water.**
**Consumers are confident that their water is safe to drink. **
**Public water system operators are trained and certified and that they have knowledge and understanding of the public health reasons for drinking water standards.**
**Ongoing training is necessary to the public health objectives of this program.***** ***

## Anti-Backsliding Provision

**Anti-Backsliding Provision**

**Because these guidelines represent only minimum standards, it is expected that States whose current operator certification program requirements go beyond or exceed these minimum standards not lower their operator certification program requirements.  **
**EPA will not approve the operator certification program of any State that reduces its standards below the level that existed 12 months prior to the effective date of these guidelines unless the reduction can be justified by the State and is approved by EPA. **

## Nine Baseline Standards

**Nine Baseline Standards**

**Authorization - AG must certify that State has legal authority to implement and enforce an op cert program**** **
**Classification of Systems, Facilities and Operators - States must classify all CWS and NTNCWS (treatment and distribution) **** **
**Operator Qualifications - States must require all operators to take and pass an exam, and meet education and experience requirements **

## Nine Baseline Standards (Con't)

**Nine Baseline Standards (Con't)**

**Operator Qualifications – Grandparenting**
**States may allow operators who will be required to become certified for the first time (because of State law changes to meet the guidelines) to be exempt from meeting initial certification requirements, including taking and passing an exam**
**Only applies to "operators in responsible charge"; designated by system owner**
**Two year window of opportunity, which begins the day that a State's regulations are effective**
**This provision is optional for States **

## Nine Baseline Standards (Con't)

**Nine Baseline Standards (Con't)**

**Enforcement - States must be able to enforce against owners and operators**
**Certification Renewal - States must require all operators to take approved training in order to renew certificates; renewal cycle fixed at three years (special requirements for grandparented operators)**
**Resources Needed to Implement the Program - States must have the following resources as a minimum:  staff, data management, enforcement, administration, testing and training approval **

## Nine Baseline Standards (Con't) 

**Nine Baseline Standards (Con't)***** ***

**Recertification - States must evaluate an operator's qualifications if the operator's certificate has lapsed for a period exceeding two years; operator must also be re-tested **
**Stakeholder Involvement - States must include stakeholder input in the development of op cert programs**
**Program Review - States must conduct a review  (either internally or externally) of their op cert program, and should review regulations, compliance, enforcement, training, staffing**

## Implementation Guidance

**Implementation Guidance**

**Attorney General's Certification example (Final)**
**Checklist and Crosswalk (Final)**
**List of Items for Initial Submittal (Final)**
**Questions and Answers (Final)**** **

## Op Cert and OGWDW Strategic Plan

**Op Cert and OGWDW Strategic Plan**