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MISSOURI DEPARTMENT OF NATURAL RESOURCES DRAFT MINUTES OF THE SAFE DRINKING WATER COMMISSION Water Protection Program Public Drinking Water Branch Roaring River Conference Room 1730 East Elm Street Jefferson City, Missouri 65101 July 19,2017 10:00 a.m. Commissioners Present: Ms. Elizabeth Grove, Chair Ms. Susan Hazelwood, Vice-Chair Mr. Rodger Owens Mr. Curt Skouby Mr. Scott Bockenkamp - via conference call Mr. Bruce Manning - via conference call Legal Counsel: Ms. Jennifer Hernandez, AGO Staff Present: Mr. David Lamb, WPP/PDWB Ms. Sheri Fry, WPP/PDWB Ms. Darken Groner, WPP/FAC Ms. Tammy Wilson, WPP/FMS Ms. Diane Vitello, WPP/PDWB Mr. Todd Eichholz, WPP/PDWB Mr. Chris Fisher, WPP/PDWB Mr. Ken Tomlin, WPP/PDWB Mr. Ed Galbraith, DNR/DEQ Ms. Darlene Helmig, WPP/PDWB Guests Present: Mr. Don Summers, American Society of Sanitary Engineers (ASSE) Mr. Phil Walsack, Missouri Public Utility Alliance (MPUA) Ms. Traci Lichtenberg, Missouri American Water (MAW) 1 Commissioners Absent: Ms. Susan Armstrong Ms. Charli Jo Ledgerwood Ms. Kimberly Potter, WPP/PDWB Ms. Danielle West, WPP/PDWB Ms. Aidan Humphrey, WPP/FAC Mr. Patrick Vavra, WPP/PDWB Mr. Eric Medlock, WPP/PDWB Mr. Jeff Pinson, WPP/PDWB Ms. Jennifer Lee, WPP/PDWB Ms. Hannah Humphrey, DNR/DEQ Ms. Carol Comer, DNR/DEQ

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Page 1: DEPARTMENT OF NATURAL RESOURCES · DEPARTMENT OF NATURAL RESOURCES DRAFT MINUTES OF THE SAFE DRINKINGWATER COMMISSION Water Protection Program Public DrinkingWater Branch Roaring

MISSOURIDEPARTMENT OFNATURAL RESOURCES

DRAFT MINUTES OF THE

SAFE DRINKING WATER COMMISSION

Water Protection ProgramPublic Drinking Water Branch

Roaring River Conference Room1730 East Elm Street

Jefferson City, Missouri 65101

July 19,201710:00 a.m.

Commissioners Present:

Ms. Elizabeth Grove, ChairMs. Susan Hazelwood, Vice-ChairMr. Rodger OwensMr. Curt SkoubyMr. Scott Bockenkamp - via conference callMr. Bruce Manning - via conference call

Legal Counsel:

Ms. Jennifer Hernandez, AGO

Staff Present:

Mr. David Lamb, WPP/PDWBMs. Sheri Fry, WPP/PDWBMs. Darken Groner, WPP/FACMs. Tammy Wilson, WPP/FMSMs. Diane Vitello, WPP/PDWBMr. Todd Eichholz, WPP/PDWBMr. Chris Fisher, WPP/PDWBMr. Ken Tomlin, WPP/PDWBMr. Ed Galbraith, DNR/DEQMs. Darlene Helmig, WPP/PDWB

Guests Present:

Mr. Don Summers, American Society of Sanitary Engineers (ASSE)Mr. Phil Walsack, Missouri Public Utility Alliance (MPUA)Ms. Traci Lichtenberg, Missouri American Water (MAW)

1

Commissioners Absent:

Ms. Susan ArmstrongMs. Charli Jo Ledgerwood

Ms. Kimberly Potter, WPP/PDWBMs. Danielle West, WPP/PDWB

Ms. Aidan Humphrey, WPP/FACMr. Patrick Vavra, WPP/PDWBMr. Eric Medlock, WPP/PDWBMr. Jeff Pinson, WPP/PDWBMs. Jennifer Lee, WPP/PDWBMs. Hannah Humphrey, DNR/DEQMs. Carol Comer, DNR/DEQ

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Mr. Tom Simmons, Missouri American WaterMs. LaDawn Owens, Wappapello, MOMr. Martin Hummel, Missouri Public Service Commission (PSC)

Call to Order and Introductions

The regular meeting of the Safe Drinking Water Commission was held on July 19, 2017 inJefferson City, Missouri. A quorum being present, Chair Grove called the meeting to order at10:28 am.

Introductions were made by all in attendance.

Director Carol S. Comer introduced herself to the Commission. She announced several staffingchanges such as Ed Galbraith being named the new Director of the Division of EnvironmentalQuality, Dru Buntin named as the new Deputy Director for the Department, and Ben Ellis beingnamed as the new Director of State Parks. She also noted that the Division of AdministrativeSupport Director position would be filled in August and that would complete the Department'smanagement team.

Mr. Ed Galbraith, Director of Division of Environmental Quality, introduced himself to theCommission and gave a brief overview of his career. He also announced that Chris Wieberg,Section Chief of the Permit Section of the Water Pollution Control Branch, has accepted theposition of Water Protection Program Director.

Minutes of the January 17,2017 Meeting

The Chair asked if there were any corrections to the minutes from the January 17,2017, meetingas circulated. Vice-Chair Hazelwood requested that page numbers be added to the document.

Vice-Chair Hazelwood offered a motion to accept the minutes with corrections. CommissionerOwens seconded the motion. Motion carried.

Drinking Water State Revolving Fund Intended Use Plan (IUP) Fiscal Year 2017

Comprehensive List and Fundable Projects List Revisions

Darlene Groner, P.E., Financial Assistance Center

Ms. Groner presented the Commission with proposed revisions to the IUP. These revisionsincluded a request to approve moving Buchanan CountyPublic WaterSupplyDistrictNo. 1 tothe Very Small Community 20% Reserve Fundable List from the Planning List in the amountrequested of $5,000,000 with the full amountallocated as loan funding and 57 priority points,reducing the city of Campbell's total funding allocationon the Very Small Community 20%Reserve Fundable List in the amount of $500,000 due to the recent funding approval in the sameamount from Community Development Block Grant. The revised funding allocation is $523,153in loan and $1,569,460 in grant funds, and moving PierceCity to the Very Small Community

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20% Reserve Fundable List from the Planning List as a disadvantaged system in the amountrequested of $4,715,363 with the full amount allocated as loan funding and 71 priority points.Ms. Groner recommended the Commission approve the revisions to the 2017 IUP as presented.Commissioner Owens made a motion to approve the recommended changes to the Intended UsePlan as outlined by staff. Vice Chair Hazelwood seconded the motion. A roll call vote was takenas follows:

Commissioner Bockenkamp: YesCommissioner Armstrong Not in attendanceCommissioner Ledgerwood Not in attendanceCommissioner Manning YesCommissioner Owens Yes

Commissioner Skouby AbstainVice-Chair Hazelwood Yes

Chair Grove Yes

Motion carried.

Gateway for Community Assistance

Hannah Humphrey, Division of Environmental Quality

Ms. Humphrey spoke to the Commission and provided a presentation about a new web applicationreleased by the Missouri Department of Natural Resources called the Gateway for CommunityAssistance. This application provides Missouri communities with customized online access totools and resources that can help address their environmental compliance and infrastructureplanning needs. The gateway includes a comprehensive catalog of tools, resources and servicesavailable for wastewater, drinking water, stormwater, solid waste, air quality, parks andrecreation and more. The Department designed the system to enable local governments to makeinformed decisions, save staff time and money, and provide improved service to their citizens.Chair Grove asked if the application had been launched as of yet to which Ms. Humphrey repliedthat it would be in the next week or two after testing and feedback from the testers. Vice ChairHazelwood asked when the public drinking water wizard portion would be completed. Ms.Humphrey stated that she is very close to finishing that and it should be completed within amonth.

Unregulated Contaminant Monitoring Rule (UCMR4)

Eric Medlock, Public Drinking Water Branch

Mr. Medlock presented information to the Commission on the Unregulated ContaminantMonitoring Rule number 4 (UCMR4). The UCMR4 collects nationwide occurrence data forsuspected contaminants in all water systems with a population that is greater than or equal to10,000 and a randomly selected subset of 800 smaller systems. This data helps theEnvironmental Protection Agency (EPA) determine what contaminants may have health-basedstandards set under the Safe Drinking Water Act.

UCMR4 is scheduled for nationwide sampling between the years of 2018-2020. The MissouriDepartment of Natural Resources is required to provide testing for large water systems greater

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than or equal to 10,000 in population while EPA will coordinate testing for the randomlyselected smaller systems. Due to the certification needed for specialized EPA testing methods,the Department will contract with a certified lab for testing to be completed in calendar year2019. Mr. Martin Hummel asked Mr. Medlock about the cost involved for the small systems. Mr.Medlock said that the majority of the costs would be covered by EPA. Mr. Phil Walsackrequested a full list of systems. Mr. Medlock stated that the list is still being finalize but wouldbe able to make it available soon.

Long Term Two Surface Water Treatment Rule (LT2)

Todd Eichholz, Public Drinking Water Branch

Mr. Eichholz provided the Commission with an update to the LT2 Rule. He informed them that asecond round of monitoring for the LT2 Rule has ended for large systems greater than 50,000population and will begin in October of 2017 for small surface water systems less than 10,000population. He also stressed the importance of implementing this rule which seeks to add moreprotection for source waters proven to contain Cryptosporidium.

Unmanned Aerial Vehicle (UAV) Project

Jeff Pinson, Public Drinking Water Branch

Mr. Pinson made a presentation to the Commission regarding the use of UAVs to inspectelevated water storage facilities. The UAV pilot project was started in the fall of 2016 and isnearing completion. Vice Chair Hazelwood commented that there was an article in the Columbianewspaper about the project and she thought it was done well. Commissioner Skouby asked howmuch the drone and camera cost. Mr. Pinson stated that the drone was approximately $4,800, thehigh definition camera was $3,200 and the infrared camera was $5,200.

Legislation/Regulatory Update

Sheri Fry, Public Drinking Water Branch

Ms. Fry gave the Commission an update to the Five Year Rule Review. Findings included threerules that may need to be amended to ensure the Branch meets the statutory requirements onincorporated material by reference.

Ms. Fry also spoke about the most recent legislative session.

Attorney General's Office Legal Update

Jennifer Hernandez, Assistant Attorney General

Ms. Hernandez stated that she did not have any updates for the Commission.

Branch Chiefs Update

David Lamb, Chief, Public Drinking Water Branch

Mr. Lamb discussed recent staff changes within the Branch. He introduced Mr. Chris Fisher andMs. Jennifer Lee, who are Environmental Specialists in the Compliance and Enforcement

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Section. He spoke about Ms. Brandy Gelber, the new Research Analyst in the MonitoringSection and Mr. Russell Gerling, the new Water Quality Specialist in the Operator CertificationSection. Departures from the Branch were Rabahka Murphy, Senior Office Support Assistant inthe Operator Certification Section and Deborah Arant, Office Support Assistant from the Permitsand Engineering Section.

Mr. Lamb discussed the EPA audit of the Lab Certification Program completed in March 2017and all it encompassed. He stated that the findings were overall positive with a couple ofrecommendations that may involve some rulemaking. He touched on the Annual ComplianceReport, stating the raw data was submitted to EPA but the final report was still in development.He also discussed the status of any future Fee Stakeholder Meetings noting that there were nointentions to conduct stakeholder meetings at this time. Mr. Lamb mentioned the upcoming solareclipse occurring on August 21, 2017. He stated that the Department has been communicatingwith water and wastewater systems to make them aware of the high possibility of a large numberof visitors during the "Eclipse Weekend" and that preparedness is key. Mr. Lamb thenintroduced Mr. Ed Galbraith, Director of Division of Environmental Quality to give a shortpresentation on Red Tape Reduction.

Mr. Galbraith introduced the Commission to an initiative from the Governor's office which

affects all government agencies called Red Tape Reduction. He noted the initiative's goal is tomake Missouri the showcase state for business and entrepreneurial activity as well as economicgrowth opportunities. The Governor is asking all state agencies to review their regulations andlook at every use of words such as shall, must, etc. and determine the necessity of thoseregulations.

He explained that the metrics for this exercise will be the elimination of one-third of Missouri'sregulatory restrictions, having a robust public comment period (goal of 100 comments for theDepartment), and improving the Department's compliance assistance and regulatory presence.He noted the Department would like to put this item on the agenda for the next Commissionmeeting to allow the public to come forward and comment on anything that needs to be reviewedor that should not be changed. Mr. Galbraith discussed the different ways to comment (websiteset up by Department, email, and forums at Commission meetings).

Chair Grove asked Mr. Galbraith about the timeframe for this initiative and he stated the end ofthe calendar year.

Ms. Jennifer Hernandez asked Mr. Galbraith how this initiative differed from the regular rulereview that was just completed by the Department. Mr. Galbraith responded that the normal rulereview is an ongoing review that is generated by statute whereas the red tape initiative sets goalsand was initiated by the Governor.

Chair Grove stated that this was looking specifically at regulations not statutory changes andMr. Galbraith agreed.

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Other Business

Vice-Chair Hazelwood asked if the current Governor was planning on reappointing or renamingmembers to the commission. She stated that currently, all members are serving under expiredterms. Mr. Galbraith addressed the inquiry, but could not provide a definitive answer on theGovernor's intentions.

Commissioner Bockenkamp stated a concern regarding the red tape reduction and having theopportunity to vote on each individual change from the review. Chair Grove and Mr. Galbraithexplained that if there are changes each rule would have to go through the normal rule makingprocess and then brought to the Commission for public comment and approval.

No other business to be reported.

Public Comment

Mr. Don Summers of the American Society of Sanitary Engineers (ASSE) addressed thecommission in regards to amending a rule that allows ASSE approved backflow assemblies to beinstalled in Missouri. ASSE International is a standard developer and product certification bodythat is accredited by the American National Standards Institute. Currently, the MissouriDepartment of Natural Resources only accepts devices which appear on the list of approveddevices generated by the University of Southern California Foundation for Cross ConnectionControl and Hydraulic Research. Mr. Summers stated that his organization strongly encouragesthe state to include ASSE's listing of backflow assembly devices as an alternate pathway forproducts that have been proven to be of equal quality and reliability. Only products that havebeen tested in an independent ASSE accredited testing laboratory have been reviewed by theASSE seal control board, and have been found to be in compliance with the appropriate productstandard.

ASSE would like to request an agenda item for the next Commission meeting to review wordingfor a new rule to include ASSE International backflow assembly product certification program.

Chair Grove stated that this will be added as an agenda item to the October 18, 2017 meeting.Mr. Lamb noted that the Branch may be able to present a concept for the rule, but clarified thatwith executive order 17-03 in place that the rulemaking process has not been initiated so noformal action would be taken on the rule at the October meeting.

Future Meeting Dates

The next meeting of the Safe Drinking Water Commission is scheduled for October 18, 2017 inJefferson City. The location of the meeting is subject to change.

Adjournment

Commissioner Skouby made a motion to adjourn the meeting. Commissioner Owens secondedthe motion. Motion carried.

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Meeting adjourned at 12:15 pm.

Respectfully Submitted,

£~&David J. Mmb, Staff Director

APPROVED

Minutes taken at the SafeDrinking Water Commission meetings are notverbatim records ofthe meeting. Consequently, the minutes are not intended to be andare nota word-for-wordtranscription.