Document 3eg9nqqGdkQDzeyL51wLN7166

TO PIC: EPA SANITARY SURVEYS AND DETERMINATION OF SIGNIFICANT DEFICIENCIES OF WYOM ING PUBLIC WATEP SYSTEMS BACKGROUND As the primacy agency that regulates the safety of drinking water provided by pubiic water systems, EPA periodically inspects, or completes sanitary surveys of those systems in Wyoming. The purpose of the sanitary survey is to identify `significant deficiencies' in a system's design or operation that may pose a threat to the system's ability to provide a safe and secure supply of drinking water to the public. In 2010, EPA began issuing significant deficiencies to municipalities in Wyoming. The majority of municipalities in Wyoming need to either correct the significant deficiencies on a schedule acceptable to EPA or be faced 'with enforcement orders from EPA. Modification of drinking water systems to correct, or resolve significant deficiencies can be costly to communities. Currently, EPA and DEG coordinate and agree on many system design deficiencies thaf are determined by EPA to be `significant1. However, DEG does not agree with EPA's determination of significant deficiencies for systems that have 'water storage tanks. The majority of municipalities in Wyoming have pubiic water system storage tanks. EPA and DEG disagree on EPA's criteria that determine whether storage tank vents, hatches, overflow pipes, and protective mesh screens constitute a significant deficiency, or not. As a result, municipalities in Wyoming are faced with meeting design requirements of EPA that may be more stringent than DEG's. Municipalities in Wyoming will need to work with DEG to obtain the required permits for modifications to pubiic water systems. Design modifications to the pubiic water system have the potential to cause dam age to the system if this construction permitting process is not followed. DEG has met with the Wyoming Assoc, of Rural Water Systems (WARWSj and the Wyoming Association of Municipalities (WAM) Executive Directors to discuss the concerns that municipalities face in addressing significant deficiencies. DEG understands the predicament that many municipalities in Wyoming face in these situations and has asked for fheir patience in this matter as we continue to seek a resolution to our differences with EPA. NEXT STEPS EPA and DEG are continuing to work to resolve our differences, in a May 2017 meeting with the Governor's Small Systems Task Force, EPA offered to have a third party facilitator assist with discussions between DEG and EPA. They also indicated an openness to discuss accepting variances that could preclude requirements to address significant deficiencies. We will keep the municipalities in Wyoming informed of our progress. DEQ's SRF program staff will work with the municipalities in Wyoming to identify potential funding sources to correct significant deficiencies identified by EPA. Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00094595-00001