Dee, Norbert

Roy, Steven P

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 5 GROUNDWATER ISSUES  WELLHEAD PROTECTION UNDER THE SAFE DRINKING WATER ACT Steven P.Roy, supervisory Environmental Specialist Office of groundwater Protection USEPA, Washington, D.C.  Norbert Dee, Director Source Assessment and Information Management Staff Office of Groundwater Protection USEPA, Washington, D.C.   Introduction  Groundwater protection and management is primarily a state responsibility in the United States. The Environmental Protection Agency has been directed by Congress through legislation to primarily focus on specific waste sources and the regulation of those sources to protect groundwater quality. For instance, the Federal Insecticide, Fungicide and Rodentice Act (FIFRA) regulates which pesticides are safe for use in the U.S. and places restrictions on its use through label requirements. Many of these label requirements take into consideration the potential for groundwater contamination.  Another federal statute, the Resource Conservation and Recovery Act (RCRA) has three major components: Subtitle C, regulation of hazardous waste; Subtitle D, regulation of solid wastes; and Subtitle I, regulation of underground storage tanks.  The list of additional federal efforts in groundwater protection is brief (Table 1). Federal-state relationships are shaped in the primary process of state assumption of the federal program requirements. Congress authorizes EPA the lead role for developing the necessary technical data, technical standards, and regulatory framework, while the states have the opportunity to establish their own programs, modeled after the federal requirements. States are usually provided with federal financial assistance to establish and implement their programs. EPA then provides an overview function.  As explained below, the Wellhead Protection Program authorized under the Safe Drinking Water Act, is an anomaly to the typical federal-state environmental regulatory relationship.  Wellhead Protection Overview  Section 1428 of the amendments to the Safe Drinking Water Act (SD WA) requires states to develop Wellhead Protection programs and prepare submissions to EPA by June 19, 1989. The purpose of the program is to protect the public water supply wells from sources of contamination. Unlike most EPA programs which are regulatory in nature and address specific sources of contamination, the WHP program is designed to assist state and local governments in focusing on the resource itself rather than on controlling a limited set of contamination sources via State or federal regulations. The program is established to provide for comprehensive analysis of geology, hydrology, land uses, and institu-tional arrangements impacting public water sup-ply wells. The focus is to target management controls to the area around the well that affects    6 Table 1. Existing Federal Ground-Water Protection Programs   Program Regulations Activities  Safe Drinking Water Act Underground Injection Control  Safe Drinking Water act UIV Class V   Safe Drinking Water Act Public Water Supply Program   Resource Conservation and Recovery Act    RCRA (Subtitle D)   Toxic Substances Control Act   Federal Insecticide, Fungicide, and Rodenticide Act  Comprehensive Environment Response, Compensation, and Liability Act 40 CFR Parts 144 —14 6  40 CFR Part 148   40 CFR Part    40 CFR Part 300     40 CFR Parts 257, 258  40 CFR Part 761      40 CFR Part 300 Control of injection to groundwater  Control over shallow well injections to aquifers  Regulation of State Public Water Supply Programs  Hazard Ranking System for Uncontrolled Hazardous Substance Releases  Regulations of Solid Waste Disposal Facilities  Regulation and permitting of Toxic Substances  Development of State Pesticide Management Strategies  National Contingency Plan  public water supply wells. All potential sources of groundwater contamination are to be addressed, whether there is a state or federal regulatory requirement for that source or not.  A comprehensive Welihead Protection program comprises several distinct and essential elements. At a minimum, each state’s WHP program must:  Specify roles and duties of state agencies, local government entities, and public water suppliers, with respect to the development and implementation of WHP programs;  Delineate the welihead protection area (WHPA) for each welihead, as defined in subsection 1428(e), based on reasonably available hydrogeologic information on groundwater flow, recharge and discharge, and other information the state deems necessary to adequately determine the WHPA;  Identify sources of contaminants within each WHPA including all potential anthropogenic sources that may have any adverse effect on health;  Develop management approaches which include, as appropriate, technical assistance, financial assistance, implementation of control measures, education, training, and demonstration projects that are used to protect the water supply within WHPAs from such contaminants;  Develop contingency plans for each public water supply system indicating the location and provision of alternate drinking water supplies in the event of well or well-field contamination;  Site new wells properly to maximize yield and minimize potential contamination; and  Ensure public participation by incorporat-ing processes for appropriate involvement in WHP program elements.  Status of State WHP Efforts  Figure 1 identifies those states that have    7  submitted a WHP program or work plan to EPA for review and approval. EPA is currently working with the states on final adjustments to the submissions prior to approval. The WHP program recognizes the many different approaches that could be employed to protect public water supply wells. Also the diverse nature of hydrogeologic settings across the county is recognized, and site specific delineation approaches and management controls of sources of contamination are encouraged.  The findings to date, based upon an initial review of the programs submitted, is very encouraging. Most states are linking existing source management programs and requiring higher levels of protection, enforcement, and compliance within Welihead Protection areas. Coordination mechanisms such as memorandum of agreements and interagency steering committees are being formed to organize and direct state WHP efforts.  A number of states are proposing or have recently adopted legislation and regulatory ac-tions for Welihead Protection. For example, Minnesota’s 1989 Groundwater Protection Act mandates the State Department of Health to develop WHP rules for public water supply wells. Massachusetts is in the process of promulgating revisions to their Drinking Water regulations to require local water suppliers to conduct groundwater monitoring, delineate WHP areas, perform land use surveys, develop local water resources management plans, and ensure that contingency measures are in effect.  The Future of Welihead Protection  EPA is very encouraged by the enthusiasm with which the states are undertaking WHP. Over the next year state and local governments will be moving forward on finalizing and implementing their WHP efforts. The protection of the public water supply resource through WHP should provide greater safety and less public health threats from sources of groundwater contamination. The flexibility to design a state WHP program to fit the specific institutional and hydrogeologic setting is producing WHP programs that will effectively manage WHP areas from sources of contamination.  FIGURE 1 

Wellhead Protection Under the Safe Drinking Water Act

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Wellhead Protection Under the Safe Drinking Water Act

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