33 Miss. Code R. § 3-F
PUBLIC WATER SYSTEM MANAGEMENT PROGRAM BACKGROUND
On September 21, 2014, a legal notice will be published to request public comments on Draft Amendment No. 2 to the FFY-2014 Intended Use Plan (IUP) that will set-aside $915,900 of the state's FFY-2014 Drinking Water State Revolving Fund (DWSRF) capitalization grant for State Program Management activities to support the MSDH FFY-2014 Public Water Systems Supervision Program (FFY-2014 PWSS Program) as allowed under Section 1452(g)(2) of the SDWA Amendments of 1996. After a public comment period, an oral proceeding will be held on October 23, 2014, to receive and consider comments from the public on the draft Amendment No. 2 to the FFY 2014 IUP. After the resolution of any comments from the public, the final Amendment No. 2 to the FFY-2014 IUP will be presented to the Board for adoption during their next scheduled Board meeting. The Final Amendment No. 2 to the FFY 2014 IUP will be effective thirty days from the date of the Board's adoption.
This work plan describes how FFY-2014 DWSRF State Program Management set-aside funds will be expended to support the FFY-2014 PWSS Program which will operate from October 1, 2013 to September 30, 2014.
FUNDING AMOUNT (Standard Capitalization Grant)
The state reserves $915,900 of its FFY-2014 DWSRF capitalization grant to be set-aside for State Program Management activities to support the FFY-2014 PWSS Program. The reserved amount represents 10% of the state's FFY-2014 capitalization grant and is specified for expenditure during FFY-2015 to offset the expenses of 8.33 positions.
| Cost Breakdown | |
| Administrative/Staffing | $547,285 |
| Fringe Benefits | $186,077 |
| Travel | $20,000 |
| Contractual | $40,800 |
| Indirect Costs | $121,738 |
| Total Funding Amount | $915,900 |
NUMBER OF FTE's PROJECTED FOR IMPLEMENTING THIS SET-ASIDE
The state projects forty-four (44) FTEs will be required to implement the FFY-2014/15 PWSS Program. A total of 8.33 FTEs will be funded by this set-aside. An estimated $733,362 will be reserved from the FFY-2014 DWSRF Capitalization Grant for salaries and fringe benefits for State Program Management activities.
This amount will fund salary and fringe benefits for the following positions:
| Position | Quantity (FTE) |
| EE III | 1.0 |
| EE IV | 2.0 |
| EIT | 2.0 |
| Eng. Admin. Super I | 1.0 |
| Environmental Admin. II | 1.0 |
| SPO IV | 1.0 |
| Division Director I | 0.33 |
| Total FTEs | 8.33 |
The remaining $182,538 will be used for indirect costs, supplies, and possible contractual services for technical assistance needed to accomplish the requirements of the FFY-2014 PWSS Program.
GOALS, OBJECTIVES, OUTPUT, AND DELIVERABLES
One of the set-asides authorized under the 1996 SDWA amendments is the management of the state program, which can be funded by up to 10% of the federal allotment. These funds will support public water system supervision program activities as required to maintain state primacy and also to support the activities of the DWSIRLF. MSDH's FFY-2014 PWSS Work Plan outlines in detail the aspects of the PWSS that are supported by this set-aside. Items covered by the set-aside include:
Primacy Requirements
As required to maintain state primacy, MSDH maintains the PWSS programs on an ongoing or as-needed basis. These programs include: revising current primacy programs by adopting new Federal regulations as needed; coordinating for Mid-Year and End-of-Year review with EPA Regional Office; maintaining a sanitary survey program with discrepancy follow-up; participating in state data verification audits; ensuring public water systems (PWSs) are utilizing approved laboratories and a certification program for those laboratories is in place; participating in the EPA Regional oversight; operating in accordance with requirements of the National Primary Drinking Water Regulations; maintaining an active water system design and construction plan and specification review program; ensuring labs used by PWSs within the state are capable of the workload created by regulations; participating in PWS and PWSS training on rule requirements; informing EPA Region 4 of any special state initiatives under the rules or provisions of the SDWA; maintaining records for all rule/policies, enforcing reporting and record keeping as required; maintaining appropriate administrative penalty authority; implementing the PWS definition; attending state/EPA planning and implementation meetings; ensuring that newly permitted PWSs have design/construction capable of compliance with the present and upcoming SDWA regulations; ensuring analytical methods are being applied to demonstrate compliance with the regulations; notifying (if necessary) EPA of intent not to adopt or implement any portion of the rules; and responding to EPA requests for information or verification of state rules implementation.
Additionally, MSDH will provide annual summaries of the status of: each effective variance and exemption to EPA; community PWSs that are allowed to monitor less frequently than monthly; and non-community PWSs that are allowed to monitor less frequently than quarterly to EPA. MSDH will also oversee and enforce requirements for rules and regulations adopted with approved federal primacy. These regulations include the SDWA and all applicable rules present and future, primacy packages, and extension agreements of the SDWA.
Non-primacy Requirements
In addition to the requirements of the PWSS program, monies from this set-aside provide support to activities that are of a non-primacy nature. Those activities are not required to maintain state primacy. However, to run a highly effective, efficient program and most importantly protect the public health, these activities are vital.
Capacity Development (CD) Program
As required by the SDWA, each state is required to develop and implement a Public Water System Capacity Development Program in order to receive full funding annually under the DWSRF Program. Public water system capacity assessment is a full evaluation of the PWS's technical, managerial, and financial ability to provide safe drinking water to its customers by complying with all state and Federal regulations. In accordance with the Federal requirements, MSDH has developed and implemented a CD program for both new and existing PWSs. The MSDH CD program takes the form of a rating that each community water system (CWS) and non-transient non-community water system (NTNCWS) receives at their annual sanitary survey. The criteria used in the rating system incorporate laws, regulations, and other valuable information to evaluate the areas of technical, managerial, and financial capacity. The program is also designed to evolve from year-to-year through an annual meeting of an advisory committee that will make suggestions as to possible changes and/or additions to the rating criteria. As required by regulation, an annual report is made to the Governor on the efficacy of the strategy and progress towards improving the capacity of PWSs in the state. Additionally, annual documentation of ongoing implementation of the CD strategy is to be provided with DWSRF Capitalization Grant application.
Unregulated Contaminant Monitoring Rule
This particular aspect of the PWSS involves informing systems with populations greater than 10,000 in the state monitoring plan of their responsibilities to monitor for Unregulated Contaminant Monitoring Rule; assisting the EPA in sampling systems in the state monitoring plan as determined by the state and EPA in the UCMR Partnership Agreement; adding vulnerable systems to the plan for monitoring UCMR List 3 contaminants based on guidance; review UCMR data from public water systems to ensure that it meets quality assurance and PWS reporting requirements necessary; informing EPA of potential changes needed in the data and, with mutual agreement of the state and EPA, make changes to the data; and responding as requested by the EPA for information on verification of state UCMR implementation.
Operator Certification
As mandated by the SDWA to maintain full funding for the DWSIRLF, operator certification is an essential part of the PWSS program. Activities required to maintain the operator certification program include: providing documentation and evaluation of ongoing program implementation for all annual program submittals subsequent to the initial submittal; supply as required certification of changes and documentation of those change that are made to the regulations of statutes; perform internal and external program reviews as required by state law.
Source Water Assessment Program
On an annual basis, MSDH reports to EPA on Source Water Assessment Program implementation activities. In FFY-1997, a set-aside for DWSIRLF allowed MSDH to subcontract to the Mississippi Department of Environmental Quality to perform the source water assessment. The assessment has been completed and a report has been supplied to all of Mississippi's PWSs.
Auxiliary Services
These services include various aspects related to data management, compliance, and enforcement of the PWSS Program.
Information Management and SDWIS/Fed Reporting
These ongoing activities include: overseeing and enforcing requirements of data management and SDWIS/Fed reporting; reporting the state's PWSS inventory at least annually to SDWIS/Fed; reporting the state's violations and enforcement actions at least quarterly; participating in EPA/state data managers conference calls; identifying the data manager and alternate for the purpose of making secure transmissions of data intended for SDWIS/Fed through EPA's Central Data Exchange; establishing and following quality assurance procedures to ensure that PWS data eventually entered in SDWIS/Fed is of the highest reliability and maximum value to the public.
Inspection Strategy
This activity includes overseeing and enforcing requirements of the regulatory requirements.
Management System for Non-compliant Systems
These activities include: overseeing and enforcing requirements of management systems for non-compliant systems; provide current versions of its enforcement response guide; assurances that the EPA has up-to-date information.
Rule Task Force
This requires participation in the Rule Writing Task Force and Rule Workshops.
Enforcement and Management of Significant Non-compliers (SNC's)
Activities of this auxiliary service include: overseeing and complying with the requirements of management significant non-compliers (SNC's); and reporting the state's response to instances of significant noncompliance at public water systems.
The commitments as stated here and in the PWSS Work plan are adopted as commitments of the State Program Management set-aside.
SCHEDULE FOR COMPLETING ACTIVITIES
The schedule for completing State Program activities under this work plan will be the schedule established by dates entered in the "Date Due" column of the MSDH FFY-2014 PWSS Work plan.
AGENCY RESPONSIBILITIES
The MSDH is the agency responsible for implementing required activities under the State Program Management set-aside.
EVALUATION PROCESS TO ASSESS THE SUCCESS OF SET-ASIDE ACTIVITIES
The success of State Program Activities will be defined by the ability of the MSDH to successfully meet commitments in the FFY-2014 PWSS Work Plan. Quarterly and annual reports/submittals required by the PWSS program include documentation and evaluation of ongoing program implementation and success in meeting stated commitments.
33 Miss. Code. R. § 3-F