Water News

Good morning to all,

In the January 11, 2024 Federal Register (NDWAC Meeting_LCRI_2024-01-31) EPA announced that the National Drinking Water Advisory Council (NDWAC) will meet on January 31, 2024, from 10:30 am to 5:30 pm (ET).

As stated in the enclosed Federal Register: “The primary purpose of the meeting is for EPA to consult with the NDWAC as required by the SDWA on a final National Primary Drinking Water Regulation: Lead and Copper Rule Improvements.”

This will be a virtual meeting of the NDWAC. According to the Federal Register notice, information on how to register, and the meeting agenda will be posted at the following location: https://www.epa.gov/ndwac

Background:
In the December 6, 2023, Federal Register, EPA published the proposed Lead and Copper Rule Improvements (LCRI) for a 60-day public comment period. Public comments are due by February 5, 2024. EPA will hold a virtual public hearing on January 16, 2024.

Link to the Federal Register copy of the proposed LCRI:
https://www.govinfo.gov/content/pkg/FR-2023-12-06/pdf/2023-26148.pdf?utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov

Link to register for the January 16, 2024, virtual public hearing:
https://www.eventbrite.com/e/epas-proposed-lcri-public-hearing-tickets-767835214797?aff=erelpanelorg

Here are a few highlights from the proposed LCRI:

• Eliminates the 10 ppb trigger value in the Lead and Copper Rule Revisions (LCRR), and instead proposes to lower the lead Action Level from 15 ppb to 10 ppb.
• If a public water system has lead service lines (LSLs), or galvanized requiring replacement service lines, they must all be replaced within 10 years, with some exceptions.
• For tap samples collected from a home served by an LSL, the utility must collect five one-liter samples, and test for lead in the first and fifth liter (and the highest result will be used in determining the 90th percentile lead value).

SWRCB Public Hearing on Final Cross Connection Control Policy Handbook
The State Water Resources Control Board (SWRCB) posted the enclosed revised notice (revisednotice_cccph_120523 ) of the Board’s consideration of the final Cross Connection Control Policy Handbook at tomorrow’s Board meeting. The purpose of this revised notice is to highlight the change in start time for the Board’s meeting from 9:30 am to 9:00 am.

The SWRCB’s meeting can be viewed at either of the following links:
https://www.youtube.com/user/BoardWebSupport
or
https://video.calepa.ca.gov

Reminder: the Board’s consideration of the final Direct Potable Reuse (DPR) regulations is scheduled to follow after consideration of the Cross Connection Control Policy Handbook.

EPA Submits Final MCLs to OMB for Review
On March 29, 2023, the Environmental Protection Agency (EPA) proposed individual Maximum Contaminant Levels (MCLs) for PFOA and PFOS and proposed a Hazard Index MCL for four additional PFAS for public review and comment. EPA held a public hearing on May 4, 2023, and public comments were due by May 30, 2023.

On Friday, January 15, 2023, EPA submitted the final PFAS MCLs to the Office of Management and Budget (OMB) for review. This would be the final step before EPA publishes the final MCLs. No other details are available.

EPA Publishes Progress Report on the PFAS Strategic Roadmap
In October 2021 EPA released the document: “PFAS Strategic Roadmap: EPA’s Commitments to Action, 2021-2024.” The document describes PFAS activities for several different EPA offices including: (1) Office of Chemical Safety and Pollution Prevention, (2) Office of Water, (3) Office of Land and Emergency Management, (4) Office of Air and Radiation, and (5) Office of Research and Development.

The following drinking water actions were included October 2021 Strategic Roadmap:
1. Undertake nationwide monitoring for PFAS in drinking water, final rule expected fall 2021 (this is the Unregulated Contaminant Monitoring Rule 5 (UCMR5) that is currently ongoing and includes monitoring for 29 PFAS).
2. Establish national primary drinking water regulations for PFOA and PFOS.
3. Publish health advisories for GenX and PFBS.
4. Publish updates to PFAS analytical methods to monitor drinking water, expected Fall 2024.

Last week, EPA released the Second Annual Progress Report for the PFAS Strategic Roadmap (EPA PFAS Strategic Roadmap_Second Progress Rpt_Dec 2023).

On December 19, 2023, the State Water Resources Control Board (SWRCB) will vote on a resolution to adopt the final Direct Potable Reuse (DPR) regulations. A copy of the meeting agenda, the Board agenda item and the Resolution to adopt the DPR regulations are enclosed (notice_sbddw-23-001_dpr_101923

SWRCB Agenda Item

SWRCB Agenda_2023-12-19

SWRCB Resolution to Adopt DPR Regulations ). The SWRCB meeting begins at 9:00 am.

The SWRCB meeting will be webcast and can be viewed at either of the following links:

https://www.youtube.com/user/BoardWebSupport/

https://video.calepa.ca.gov

The agenda item before the vote on adopting the final DPR regulations, will be the SWRCB’s vote on adopting the Cross Connection Control Policy Handbook as final.

Background
AB 574, signed into law in October 2017, required that the State Water Resources Control Board (SWRCB) adopt uniform criteria for Direct Potable Reuse (DPR) by December 31, 2023. “Direct potable reuse is the planned introduction of recycled water either directly into a public water system or into a raw water supply immediately upstream of a water treatment plant.” The bill required that before adopting the criteria, the SWRCB submit the criteria to an Expert Panel for review.

In June 2021, the SWRCB and the National Water Research Institute (NWRI) convened an expert review panel as required by Section 13561.2 of the Water Code to review DDW’s proposed DPR criteria. The charge of the expert panel was to review the proposed criteria (regulations) for DPR and make a finding as to whether, in its expert opinion, the proposed criteria would adequately protect public health. The Expert Panel held public meetings on August 24 and 25, 2021, December 1, 2021; January 28, 2022; and February 28, 2022. In March 2022, the DPR Expert Panel released a draft memorandum presenting their review and recommendations of the draft DPR criteria. DDW staff prepared and posted a response to the Expert Panel’s draft memo. In July 2022, the SWRCB posted the Memorandum of Findings: Expert Panel Preliminary Findings and Recommendations on Draft DPR Criteria. “The Panel’s Preliminary….Finding is that the Early Draft of Anticipated Criteria for Direct Potable Reuse dated August 17, 2021, adequately protects public health.”

On July 20, 2023, the SWRCB published the Notice of Proposed Rulemaking for the proposed DPR regulations. A public hearing was held on September 7, 2023, and the deadline to submit written comments was September 8, 2023. On October 19, 2023, the SWRCB posted a “Notice of Public Availability of Changes to Proposed Direct Potable Reuse Regulations and Addition of Material to the Rulemaking Record.” Public comments were due by November 6, 2023. A copy of the October 19, 2023 notice is also enclosed and shows the final changes to the proposed DPR regulations.

In the December 6, 2024 Federal Register, EPA published the proposed Lead and Copper Rule Improvements (LCRI) for a 60-day public comment period. Public comments are due by February 5, 2024. EPA will hold a virtual public hearing on January 16, 2024.

Link to the Federal Register proposed LCRI:
https://www.govinfo.gov/content/pkg/FR-2023-12-06/pdf/2023-26148.pdf?utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov

Link to register for the January 16, 2024 public hearing:
https://www.eventbrite.com/e/epas-proposed-lcri-public-hearing-tickets-767835214797?aff=erelpanelorg

December 6, 2023, EPA is holding a 1-hour “informational” webinar for the public on the proposed LCRI. Link to register:
https://www.eventbrite.com/e/public-webinar-on-epas-proposed-lcri-tickets-767830239917?aff=oddtdtcreator

November 30, 2024, the Environmental Protection Agency (EPA) posted a copy of the Lead and Copper Rule Improvements (LCRI) rule (this is a pre-publication version submitted for publication in the Federal Register).

Enclosed is a copy of the pre-publication LCRI and a Fact Sheet and FAQ prepared by EPA (13_lcri-states-and-systems-fact-sheet_final

proposed-lcri_pre-pub-version-11_29_23 )

There is additional information and documents (located towards the middle of the web page under the heading “Supporting Materials and Fact Sheets”) at the following website:
https://www.epa.gov/ground-water-and-drinking-water/proposed-lead-and-copper-rule-improvements

A couple of items that may be of interest.

SWRCB to Vote on Adopting Final Cross Connection Control Policy Handbook
On Tuesday, December 19, 2023, at 9:30 am, State Water Resources Control Board (SWRCB) staff will present the final draft of the Cross Connection Control Policy Handbook to the Board for adoption.

The Board will accept written public comments on the final draft (deadline for submitting written comments is December 12, 2023) and the public can provide public oral comments during the December 19th meeting. Additional information can be found in the enclosed Notice (“https://wqts.com/wp-content/uploads/2024/02/notice_cccph_112223.pdf”>notice_cccph_112223).

Enclosed please also find the following: the final CCC Policy Handbook and the final staff report for the Policy Handbook (CCC Policy Handbook_2023-12-19staffrpt-adopt )

If adopted as planned, the effective date of the Policy Handbook would be July 1, 2024.

The December 19, 2023 SWRCB meeting can be viewed at either of the following links:
https://video.calepa.ca.gov
or
https://www.youtube.com/user/BoardWebSupport

Background: AB 1671 (signed into law October 2017) required that by January 1, 2020, the State Board was to adopt updated standards for backflow protection and cross-connection control. AB 1671 required that State Board staff hold two public hearings before adopting the final requirements (referred to as a “Policy Handbook”). The first draft Cross-Connection Control Policy Handbook was released in February 2021. The first public hearing was held April 27, 2021. The revised draft Policy Handbook was released November 2, 2022. Second public hearing held December 5, 2022.

PFAS Contamination in England
Yesterday, the Guardian posted an article about PFAS contamination detected throughout England. Link to article:
https://www.theguardian.com/environment/2023/nov/28/forever-chemicals-found-in-drinking-water-sources-across-england

The week of August 28, 2023, the Environmental Protection Agency (EPA) and the Department of the Army issued “….a final rule amending the 2023 definition of “waters of the United States” [WOTUS] to conform with the recent Supreme Court decision in Sackett v. EPA. The agencies are committed to following the law and implementing the Clean Water Act to deliver the essential protections that safeguard the nation’s waters from pollution and degradation. This action provides the clarity that is needed to advance these goals, while moving forward with infrastructure projects, economic opportunities, and agricultural activities.”

“While I am disappointed by the Supreme Court’s decision in the Sackett case, EPA and Army have an obligation to apply this decision alongside our state co-regulators, Tribes, and partners,” said EPA Administrator Michael S. Regan. “We’ve moved quickly to finalize amendments to the definition of ‘waters of the United States’ to provide a clear path forward that adheres to the Supreme Court’s ruling. EPA will never waver from our responsibility to ensure clean water for all. Moving forward, we will do everything we can with our existing authorities and resources to help communities, states, and Tribes protect the clean water upon which we all depend.” [text quoted is from EPA’s Press Release]

A copy of the pre-publication Federal Register amended rule is here (Pre-publication Version of the Final Rule – Amendments to the Revised Definition of Waters of the United States). Also here is (1) an EPA/Department of the Army Fact Sheet (FINAL_WOTUSPublicFactSheet08292023) and (2) a document (Regulatory Text Changes to the Definition of Waters of the United States at 33 CFR 328.3 and 40 CFR 120.2)showing the specific changes to Code of Federal Regulations text [40 CFR 120.2 and 33 CFR 328.3]. Once published in the Federal Register, the amended rule will be in effect.

EPA and the Department of the Army will hold a public webinar on the amended rule on September 12, 2023 (registration for this webinar is already at maximum capacity and new registrations are not available). EPA and the Department of Army plan to schedule two additional public webinars in September (information on dates and times is not yet available).

EPA Press Release
https://www.epa.gov/newsreleases/conform-recent-supreme-court-decision-epa-and-army-amend-waters-united-states-rule

On July 20, 2023 the State Water Resources Control Board (SWRCB) published a Notice of Proposed Rulemaking (NPRM) for the Direct Potable Reuse (DPR) regulations.

On Friday, August 25, 2023, SWRCB posted an updated DPR NPRM (revisednotice_sbddw-23-001_dpr_082523). SWRCB will hold a public hearing on the proposed DPR regulations on September 7, 2023 (written public comments are due September 8, 2023). The updated NPRM indicates a new meeting room for the public hearing and that the public hearing on the proposed DPR regulations will start no earlier than 10:30 am (the original notice indicated a 9:30 am start time for the public hearing).

A link to watch the public hearing and information on presenting oral comments is provided in the NPRM.

The Environmental Protection Agency (EPA) posted the first release of results from the Unregulated Contaminant Monitoring Rule 5 (UCMR5). A copy of EPA’s summary of the results is here (ucmr5-data-summary_July 2023 ) Table 3 presents the summary of results to date.

Files with the individual results have also been posted on EPA’s web site at the following location:
https://www.epa.gov/dwucmr/occurrence-data-unregulated-contaminant-monitoring-rule#5

Background: The final UCMR5 was published on December 27, 2021. Under the UCMR5, monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium will occur during 2023-2025. Monitoring will be as follows: one year of quarterly monitoring for surface water systems, and two samples (5 to 7 months apart) in a 12 month period for groundwater systems. Required participation in UCMR monitoring is based on population served.

Yesterday, the Association of State Drinking Water Administrators (ASDWA), the Environmental Council of the States (ECOS) and the Association of State and Territorial Health Officials (ASTHO) sent a 2-page letter (ASDWA_ECOS_ASTHO-Request-to-White-House-to-Remove-Sources-of-PFAS ) to the Biden Administration to “…..request that the administration focus additional federal resources and support to federal agencies and the actions they are undertaking to address PFAS contamination.”

Regarding EPA’s proposed PFAS MCLs, the letter states:
“EPA’s recently proposed PFAS drinking water regulation will require the installation of advanced treatment at several thousand water systems which will reduce PFAS contamination in drinking water and increase public health protection. Water systems do not manufacture or generate PFAS and serve as the last line of defense in preventing PFAS contamination from reaching the taps of their customers. While funding from the Bipartisan Infrastructure Law (BIL) will pay for a portion of the total capital costs for advanced treatment for PFAS removal in drinking water across the country, we know additional resources and actions will be needed. The burden of addressing PFAS contamination should not fall on communities served by these water systems, and we cannot fully address PFAS in drinking water without tackling the widespread PFAS contamination throughout the environment. Federal agencies must work to reduce the use of PFAS across a broad range of consumer products and the ultimate release of the substances into our air, water, and soils.”