Water News

On March 8th, 2023 the California Division of Drinking Water (DDW) will present to the State Board to adopt regulatory priorities for 2023.

The resolution contains a number of items, here are highlights of some items where a schedule is presented:

1. Notice of Proposed rulemaking for a Maximum Contaminant Level (MCL) for hexavalent chromium (CrVI) is scheduled for this month, March 2023. In December 2022 DDW submitted a Regulatory Impact Analysis to the Department of Finance evaluating impacts of a 10 microgram per liter (µg/L) MCL for CrVI.
2. Notice of Proposed Rulemaking for Direct Potable Reuse scheduled for spring 2023.
3. Board adoption of the Cross Connection Control Policy Handbook schedule for late 2023.
4. Notice of Proposed Rulemaking for revised Detection Limits for Purposes of Reporting (DLRs) for metals scheduled for Spring 2023. DDW anticipates conducting a survey of laboratories regarding costs and capabilities for organic compounds in summer 2023.
5. Proposal to revise regulations for electronic submittal of drinking water analytical results scheduled for Board consideration in spring 2023.
6. Proposed Notification Levels (NL) and Response Levels (RL) for anatoxin-a, microcystins and cylindrospermopsin anticipated for spring 2023.
7. DDW anticipates a draft Public Health Goal (PHG) for 1,4-dioxane will be released for public comment during 2023 by the Office of Environmental Health Hazard Assessment (OEHHA). Currently there is an NL of 1 µg/L and a RL of 35 µg/L for 1,4-dioxane.
8. Draft PHGs were issued by OEHHA in 2021 for PFOA (0.007 parts per trillion (ppt)) and PFOS (1 ppt). DDW expects the PHGs to be “finalized soon.”

Other topics included in the enclosed DDW resolution include: arsenic, cadmium, PFAS, NDMA, DBPs, Lead and Copper Rule Revision (LCRR), LCR Improvements (LCRI), mercury, manganese, and an update of regulations for non-potable uses of recycled water.

On February 27th, 2023 the Environmental Protection Agency (EPA) issued a Press Release announcing 11 virtual “listening sessions” on the Agency’s PFAS Strategic Roadmap. The listening sessions are scheduled for EPA’s ten Regions as well as a listening session for tribal communities. The first session was held February 28th, in EPA’s Region 7. Copied below is text from the EPA’s Press Release:

“In EPA’s PFAS Strategic Roadmap, we committed to transparent, equitable, and inclusive engagement with all stakeholders to inform the Agency’s work,” said Radhika Fox, Assistant Administrator for Water and co-chair of EPA’s Council on PFAS. “By hearing directly from communities, we will better understand how PFAS contamination affects individuals’ lives and livelihoods and can better ensure that communities have equitable access to solutions – especially Tribal communities and communities with environmental justice concerns.”

Link to EPA’s Press Release:
https://www.epa.gov/newsreleases/epa-announces-upcoming-virtual-regional-listening-sessions-pfas-strategic-roadmap

Dates, times and EPA Regions and Tribal Communities for the remaining ten listening sessions:
• February 28, 6-8 PM CT: Region 7
• March 2, 6-8 PM ET: Region 3
• March 8, 6-8 PM MT: Region 8
• March 15, 6-8 PM PT: Region 10
• March 21, 6-8 PM ET: Region 4
• March 30, 6-8 PM ET: Region 2
• April 6, 2-4 PM ET: Tribal Communities
• April 11, 6-8 PM ET: Region 1
• April 13, 6-8 PM PT: Region 9
• April 19, 6-8 PM CT: Region 5
• April 25, 6-8 PM CT: Region 6

Link to EPA Website to register for a listening session

Registration

(at the present time there are links to register for six of the virtual listening sessions, access to registration for the remaining listening sessions should be available soon)

Final note: On March 3, 2021, EPA made a Regulatory Determination to propose MCLs for PFOA and PFOS. That triggered a statutory deadline of 24 months (i.e., by March 3, 2023) for EPA to propose the MCLs for public comment. On October 6, 2022 EPA submitted the proposed MCLs for PFOA and PFOS to the Office of Management and Budget (OMB) for review. As of this morning the proposed MCLs are still under review at OMB.

The California Department of Financial Assistance (DFA) is holding a “listening session” on April 4th (from 1:00 pm to 4:00 pm) on options for funding assistance to prepare lead service line (LSL) inventories under the LCR Revisions. Copied below is a paragraph from the DFA announcement.

“To assist community water systems to comply with the LCRR and meet funding requirements, DFA staff are evaluating options for using set-aside funds from the LSLR grant (up to 10% of the awarded amount) to contract with third parties to complete community water system inventories of service lines owned by both water systems and their customers.”

California received $250 M from the federal Bipartisan Infrastructure Law (BIL) to support lead service line replacement (LSLR). The deadline for preparing the inventory is October 16, 2024.

The Environmental Protection Agency (EPA) has begun the process of developing the sixth Contaminant Candidate List (CCL6). In the February 17, 2023 Federal Register, EPA published a request for nomination to the CCL6.

“EPA requests that nominations include information showing the nominated contaminant is known or anticipated to occur in public
water systems and indicating the nominated contaminant may have an adverse health effect on humans.”

Nominations are due by April 18, 2023. The Federal Register notice includes information on how to submit nominations and supporting information.

Background
“The CCL is a list of contaminants that are currently not subject to any proposed or promulgated national primary drinking water regulations, that are known or anticipated to occur in public water systems, and which may require regulation under the Safe Drinking Water Act (SDWA). EPA uses this list of unregulated contaminants to prioritize research and data collection efforts to help the agency determine whether to regulate a specific contaminant. The SDWA requires that EPA publish the CCL every five years….The SDWA also requires EPA to make regulatory determinations of whether or not to regulate no fewer than five contaminants from the CCL every five years.”

The fifth Contaminant Candidate list (CCL5) was published on November 14, 2022.

February 16, 2023, the State Water Resource Control Board (SWRCB), Division of Drinking Water (DDW) announced a proposal to lower the Notification Level (NL) for manganese to 20 µg/L (current NL is 500 µg/L). DDW is proposing to lower the manganese Response Level (RL) to 200 µg/L (the current RL is 5,000 µg/L).

The DDW announcement states “These levels are based on adverse neurotoxicological effects seen in laboratory animals exposed to manganese.”

DDW indicates that an informational item on the proposed manganese NL and RL is planned for the SWRCB’s March 21, 2023 meeting (the Agenda for the SWRCB’s March 21, 2023 meeting has not yet been posted).

Link to proposed manganese NL and RL and supporting documentation (at this location, scroll down to the table for the manganese entry): https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.html.

February 13, 2023, the Environmental Protection Agency (EPA) issued a Press Release announcing the availability of $2 billion from the Bipartisan Infrastructure Law (BIL) to “….address emerging contaminants, like Per- and Polyfluoroalkyl Substances (PFAS) in drinking water across the country. This investment, which is allocated to states and territories, will be made available to communities as grants through EPA’s Emerging Contaminants in Small or Disadvantaged Communities (EC-SDC) Grant Program and will promote access to safe and clean water in small, rural, and disadvantaged communities while supporting local economies.”

“The Bipartisan Infrastructure Law invests $5 billion over five years to help communities that are on the frontlines of PFAS contamination reduce PFAS in drinking water. This initial allotment of $2 billion to states and territories can be used to prioritize infrastructure and source water treatment for pollutants, like PFAS and other emerging contaminants, and to conduct water quality testing.”

Link to EPA Press Release
https://www.epa.gov/newsreleases/biden-harris-administration-announces-2-billion-bipartisan-infrastructure-law-funding

At the bottom of the Press Release, EPA provides updates on several other regulatory actions regarding PFAS, including EPA’s efforts to propose Maximum Contaminant Levels (MCLs) for PFOA and PFOS. As indicated in the Press Release, the proposed MCLs are still undergoing review at the Office of Management and Budget. EPA states their goal continues to be to publish final MCLs by the end of 2023.

Below are a couple of items that might be of interest.

Legislation Introduced for Lead Testing at Schools
On January 18, 2023, Assemblyman Chris Holden introduced AB 249 requiring lead testing by public water systems at schools (defined as pre-K through 12th grade) built before 2010. Testing would be required for all school faucets. Testing would be required by January 1, 2027. If results exceed five parts per billion (ppb) the faucet must be immediately shut off (and addressed by the school by either replacing the faucet, installing filtration, or providing bottled water as short-term remedy). The bill addresses funding sources for the program.

On February 2, 2023 the bill was referred to the Assembly Committee on Environmental Safety and Toxic Materials, and the Committee on Education.

On Sunday, February 5, 2023 the Los Angeles Times published an editorial (“Are California school kids drinking water tainted with lead? We don’t know, and that’s the problem.”) in support of the bill. Link to editorial:
https://www.latimes.com/opinion/story/2023-02-05/la-ed-school-lead-testing

PBS News Hour Story
On February 5, 2023 PBS News Hour ran a story: “Why American Cities Are Struggling to Supply Safe Drinking Water.” Link to broadcast:
https://www.pbs.org/newshour/show/why-american-cities-are-struggling-to-supply-safe-drinking-water

In the January 31, 2023 Federal Register, the Environmental Protection Agency (EPA) is requesting nominations for the Science Advisory Board (SAB). The Federal Register notice presents a broad list of expertise EPA is seeking. That list includes the following: drinking water, drinking water engineering, water quality, public health, microbiology, water quality (the enclosed notice includes brief descriptions of the various SAB committees, including the Drinking Water Committee).

Individuals can be nominated by an organization or can self-nominate and will serve either a two-year or a three-year term. Nominations are due by March 2, 2023. Additional information is provided in the Federal Register notice

January 26, 2023, the Biden Administration announced the formation of a new “Get the Lead Out Partnership.”

The Press Release states the goal of the new partnership is to “….leverage existing efforts and funding to meet our commitment to accelerate the replacement of lead pipes by the end of the decade. The Biden-Harris Get the Lead Out Partnership is a coalition of federal government, states, Tribes, local communities, nongovernmental organizations, water utilities, labor unions, and private companies has committed to a framework of health-based justice-centered principles of lead service line replacement and has pledged to work together to identify new opportunities, resources, and actions that we can take together to help accelerate the Administration’s goal of accelerating the replacement of 100 percent of the Nation’s lead service lines in 10 years.”

No additional details are presented in the announcement.

Link to Press Release:
https://www.whitehouse.gov/build/briefing-room/2023/01/26/biden-harris-get-the-lead-out-partnership/

The initial list of partnership members is presented at the bottom of the Press Release.

This morning, the Environmental Protection Agency (EPA) posted information about a new technical assistance initiative “Lead Service Line Replacement Accelerators.” Below is the description of the initiative from EPA’s website:

“EPA is collaborating with state partners in a new water technical assistance initiative called Lead Service Line Replacement Accelerators. EPA and four state partners—Connecticut, New Jersey, Pennsylvania, and Wisconsin—will work with 40 communities in 2023 to address existing barriers and accelerate progress towards LSL identification and replacement.
“EPA is committed to creating meaningful opportunities for the participating communities through peer exchange and learning. This initiative will include the development of tools and case studies to facilitate knowledge transfer and sharing of best practices between EPA, state and tribal programs, water system managers, and community leaders.
“The Accelerators will collectively work in 40 communities across the four states to accelerate lead service line projects by supporting the development of:
• Community engagement plans that provide educational resources and meaningfully engage affected community members while identifying and replacing LSLs;
• Lead Service Line inventories that identify the location of lead lines and meet requirements in the 2021 Lead and Copper Rule Revisions (LCRR) for a complete inventory by October 2024.
• Lead Service Line replacement plans that provide communities with a roadmap for identification, prioritization, and replacement of all LSLs, including public and private portions; and/or
• SRF funding applications that help communities access DWSRF funding for LSL replacement projects.”
Link to EPA’s Press Release:
https://www.epa.gov/newsreleases/epa-launches-new-initiative-accelerate-lead-pipe-replacement-protect-underserved

Link to EPA’s website:
https://www.epa.gov/water-infrastructure/lead-service-line-replacement-accelerators