FEDERAL DEVELOPMENTS- PREPARING FOR THE REGULATORY FUTURE STEVE VIA AWWA GOVERNMENT AFFAIRS

Transcription

1 FEDERAL DEVELOPMENTS- PREPARING FOR THE REGULATORY FUTURE STEVE VIA AWWA GOVERNMENT AFFAIRS

2 FEDERAL PRIORITIES Administra tion Administra tor Office of Water Climate change EPA Core Mis s ion Wa ters of the U.S. Recent developments Scott Pruitt replaced by Andrew Wheel Office-s pecific priorities vs agency mis s ion Limit Regulatory Burden State Role Regula tory Efficiency Lea d in Drinking Wa ter PFAS Infrastructure Funding

3 STATE WATER POLICY DISCUSSION / ACTION WA Lead Cyanotoxins PFAS Legionella Asset Management Non-Revenue Water Potable Reuse Cybersecurity CA OR NV AK ID AZ UT MT WY CO NM ND SD NE KS OK TX MN IA MO AR LA MI WI IL MS MI OH IN WV KY TN AL GA SC NY PA VA NC VT NH ME MA CT RI NJ DE MD DC FL HI PR

4 INFRASTRUCTURE FUNDING AFFORDABILITY Capacity Development Integrated Planning Partnerships

5 Federalism Consultation RECENT DEVELOPMENTS -- LEAD IN DRINKING WATER War on Lead Use of Lead Free Pipes, Fittings, Fixtures, Solder and Flux for Drinking Water Long-Term LCR Revis ions Ideas EPA Added to the Discussion Revised sampling protocol Limit all partial replacement of lead s ervice lines Provis ion of pitcher filters pos t-lead service line replacement Provision of point-of-us e filter prior to lead s ervice line rem oval Including galvanized pipe + lead goos eneck in definition of lead s ervice line Ideas States Added to the Discussion Scale rule requirements to observed lead levels Do not include a lot of flexibility in rule requirem ents

6 LEAD IN DRINKING WATER SCHEDULE IN REGULATORY AGENDA Early Propos ed rule revis ions February Final rule publis hed February 2023 SDWA, 3 yea r implementation framework (+ 2 years for state-approved major capital imp.) Joel Beauvais Memorandum February 29, 2016 Insure that you are complying with letter and spirit of current LCR and can document. Be transparent about observed lead levels and s ervice line materials. Understand Your Corrosion Control Review current practice Use the data you already collect Expand beyond required monitoring Evaluate constraints

7 Population Weighted Lead Occurrence in Drinking Water TAKE AWAYS FROM SIX- YEAR DATA SET Lead levels are low Many communities have a positive experience to describe to customers Percent Less Than Value (%) 100% 95% 90% 85% 80% 75% 70% 65% 60% 55% Based on LCR 1st draw samples 6 YR Review Data Set Only National Distribution is shown > 70% of population has 1 st L lead < detection level 90 th percentile =2.7 ppb 95% of population has < 5 ppb < 1% of population > AL Dis tinguis hing effect of changes in practice will be hard 50% Lead (µg/l) Adapted from: Cornwell et al. Maintaining Compliance with LCR and Preparing for Long-Term Revisions, ACE 2018, based on compliance data from

8 WA WATERS OF THE UNITED STATES CA OR NV ID UT MT WY CO ND SD NE KS MN IA MO WI MI IL MI OH IN KY WV PA VA NY VT NH MA CT DC DE MD ME RI NJ Scope of Waters Regulated Pre-Clean Water Rule Source: State Constraints. State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the Federal Clean Water Act. Env. Law Institute (May 2013) AK AZ NM HI TX OK AR LA MS TN AL GA Do PR not regulate more broadly than Clean Water Act Regulate more broadly than Clean Water Act SC FL NC

9 Obama Administration WATERS OF THE UNITED STATES Clean Water Rule Promulgated June 2015 Stay Issued Sixth circuit October 2015 Trump Administration includes only those relatively permanent, standing or continuously flowing bodies of water forming geographic features that are described in ordinary parlance as streams, oceans, rivers, [and] lakes, J us tice Scalia, majority opinion in Rapanos Step One Return to pre-exis ting rules proposed July 2017 Change Date of Applicability Publis hed Feb 2018 Recodification of Preexisting Rule Published July 2018 Step Two Propose a new definition that would replace

10 PER- AND POLY- FLUOROALKYL SUBSTANCES Adequate basis for an MCL? Regulate PFOA, PFOS, PFAS? Next regulatory determination is due for proposal in first quarter 2019 Source: OECD/UNEP Global PFC Group, Synthesis paper (2013)

11 PER- AND POLY- FLUOROALKYL SUBSTANCES LOOK BEYOND UCMR3 DATA Both CDC and EPA have new risk assessments in development Conditions: starting serum [PFOA], 2.08 ng/ml; water [PFOA], 70 ng/l; serum PFOA contribution other sources, 2.08 ng/ml; ½-life of PFOA in serum, 2.3 y Source: Bartell, EHP, October 2017

12 PERCHLORATE Negotiated settlement October, 2018 Proposal December, Final Image courtesy of Paul Herman, Colorado River, Horseshoe Bend, Page, AZ (2012)

13 UCMR4 UCMR4 Analyte Method Reporting Level (µg/l) Reference Concentration (µg/l) Chronic Shortterm Organ System Manganese Y Y Neurological Tebuconazole Y Y Neurological Ten of thirty UCMR4 contaminants have shortterm health advis ories Health Canada considering health-based MAC for manganese (100 µg/l) and aesthetic objective (20 µg/l) Microcystins (Total, LA, LF, LR, LY, RR, YR) 0.3 / / / 0.02 / / / / 1.6 Y Y Liver Cylindrospermopsin / 3 Y Y Liver

14 UCMR4 - CYANOTOXINS Finished water monitoring with ELISA-based method 10-day health advisory EPA Management Recommendations, June 2015 Ris k Communication Toolkit, Nov 2016

15 WA LEGIONELLA CMS Memo impacts roughly 22,000 hospitals and nursing homes. CDC views Legionella as one of many biofilm as s ociated opportunis tic pathogens CA OR NV AK ID UT AZ MT WY CO NM HI ND SD NE KS OK TX MN IA MO AR LA PR MI WI IL MS MI OH IN WV KY TN AL GA SC FL NY PA VA NC VT NH ME MA CT RI NJ DE MD DC Presence does not equal ris k > < 0.92 Installing treatment creates consecutive PWSs Cases / 100,000 persons in 2015

16 LEGIONELLA Its not just about health care settings ASHRAE Standard 188: Legionellosis: Risk management for building water systems ASHRAE Guideline : Minimizing the risk of legionellosis associated with building water systems

17 FARM BILL CONSERVATION TITLE Importance of source water protection Work with State Cons ervationis t (J ack Bricker) Opportunities already exis t Available at: sumption/download?cid=nrcseprd &ex t=pdf Available at: https :/ / Portals / 0/ files / legreg/ documents/usdaswpreport.pdf

18 CLOSING REMARKS All systems Build local brand Affordable service Lead Legionella PFAS Cybersecurity Surface Water Systems Cyanotoxins Wastewater Systems Integrated planning July 31, 2018

19 THANK YOU Steve Via Director of Federal Relations American Water Works As s ociation 1300 Eye Street NW, Suite 701W Washington, DC Direct svia@awwa.org