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\.. | WATER SERVICES
: ha .
Asgeciation
Nov. 20, 2015
Welcome to the latest issue of the Water Services Insider. In this issue:
+ ‘Good Samaritan’ legislation would address abandoned mine issues i
+ EPA delivers cyanotoxins plan to Congress
+ Advisory council considers recommendations on. Lead and Copper Rule
+ EPA seeks input on Legionelfa control
%, +« House-Senate panel takes up transportation bill, WIFIA
+ EPA funding-could get bogged down in policy disputes
_ ¢House committee réauthorizes bill to assist small water utilities
‘Good Samaritan’ legisiation would address abandoned
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Group report.
mine issues
AWWA government affairs staff has been studying concepts for "Good Samaritan”
’ legislation that would allow entities to clean up mine sites without assuming liability risks.
With more than 400,000 abandoned hard rock mines throughout the, United States, several
members of Congress have expressed interest in introducing such legislation. Under
_. current Clean. Water Act and Superfund laws, parties that might act as Good Samaritans
lack incentives to get involved with these sites. We are gathering input from water utilities
and other experts to produce principles that will protect drinking water in the creation of
proposed remediation plans. :
4
EPA delivers cyanotoxins plan to Congress
The U.S. Environmental Protection Agency delivered its “Algal Toxin Risk Assessment and
Management Strategic Plan for Drinking Water” to Congress on Tuesday, as required by
the “Drinking Water Protection Act” (P.L. 114-45). The plan outlines EPA’s actions to-date,
as well as anticipated work to evaluate the risks posed by cyanotoxins in drinking water.
While not explicit, it appears that cyanotoxins will be included in.the next round of the
Unregulated Contaminant Monitoring Rule as part of the agency's continued work to ©
determine if a SDWA standard is appropriate.. EPA outlines how it is evaluating the
comparability of available ELISA analytical methods with LC/MS/MS methods, as well as
collecting information that will inform future recommendations to water utilities and states
on management.of cyanotoxins. While much of current efforts are focused on microcystin
and cylindrospermopsin, the plan recognizes the need for research on a larger universe of
cyanotoxins. The UCMR is scheduled for proposal in early 2016 and Is to be finalized in
2017. :
Advisory council considers recommendations on Lead
and Copper Rule
The majority of this week’s National Drinking Water Advisory Council meeting focused on
drafting recommendations for revising the Lead and Copper Rule. In August, a NDWAG
workgroup completed its report for the council's consideration. After evaluating the report
and public comments, the NDWAC decided to. forward the workgroup’s recommendations
to EPA Administrator Gina McCarthy. A transmittal package is now in development. The
central element of the recommendations is that all systems would develop and implement a
strategic plan to remove all lead service lines from water mains to building wails: In public
comments to NDWAG, Flint community advocate Lee Walters challenged water systems to
do more sooner, including posting their current LCR monitoting instructions to homeowners
on their websites and revising those instructions to remove elements that reduce apparent
lead levels (e.g., advising pre-stagnation flushing, capping the length of stagnation period,
removing aerators). Yanna Lambrinidou, a member of the NDWAC Working Group with a
dissenting opinion, called for utilities to make lead monitoring data more readily available to
the public as well as other additional measures beyond those reflected inthe Working ~
>
EPA seeks input on Legionella control
EPA held a public meeting last week to garner input on “Technologies for Legionella
. 2 A
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Control: Scientific Literature Review." The agency is providing this literature review —
primarily focused on disinfection technologies — to assist building owners contemplating
adding treatment for Legionella control. The literature review is not SDWA “guidance,” and
EPA is explicitly leaving to state primacy agencies decisions on when a building must
comply with SDWA requirements. Participants in the meeting were concerned that the
literature review might be perceived as guidance, that there were technologies that were”
not included and that review did not summarize the literature in terms of controlling
proliferation of Legionella in building systems. The document will be reviewed by subject
matter experts in early 2016 and finalized in -2016.. : .
House-Senate panel takes up transportation bill, WIFIA -
A House-Senate conference committee began meeting this week. to produce a single long-
term surface transportation bill, and one that hopefully will contain the long-sought-after
technical correction to the Water Infrastructure Finance and Innovation Act. One heartening
development occurred during opening statements when U.S. Rep. Bob Gibbs of Ohio, chair
of the House Subcommittee on Water Resources and Environment, said fixing WIFIA was
one of his three priorities in producing the transportation bill. Rep. Bill Shuster, chair of the
House Committee on Transportation and Infrastructure, said his goal was to file the final
legislation Nov. 30 and have it on President Obama's desk by Dec. 4. However, he also
admitted this would be a difficult task. AWWA ramped up its grassroots and direct —
advocacy efforts this week. While we have heard considerable support for the fix on the
Hill, anything can happen in a political environment. Other water associations have ram ped
’ up their efforts as well. The Senate version of the transportation bill already contains the
WIFIA correction.
EPA funding ‘could get bogged down in policy disputes _
While Congress and President Obama did produce a two-year budget deal earlier this fall,
funding for EPA and its programs, including the state revolving loan. fund, could still face a
complicated road. Bills funding EPA and related agencies in both the House and Senate
contain policy riders that could attract a veto or blocking maneuvers in the Senate. Those
bills have apparently died. The two highest-profile riders would kill the Clean Power Plan
and the rule. defining “Waters of the U.S.” Right now, the federal government is operating.
under a continuing resolution until Dec. 11. Expect to see an omnibus spending bill fund the
government after that. Debates are still going on in the Capitol on whether the omnibus bill
will contain the riders. If it does, the threat of a presidential veto or tough congressional
battles will loom. oof
House committee reauthorizes bill tc assist small water
utilities - ,
The House Committee on Energy and Commerce.has approved and sent to the full House
§. 611, a bill that would reauthorize technical assistance for small public water utilities. By
passing the Senate bill without amendment, members hoped to speed final passage. It
would let EPA make grants or initiate cooperative agreements with non-profit organizations
to provide such assistance to small systems. Authorized funding would remain: $15 million
annually. Congréss has provided more than $12 million a year for the program even after
authorization expired in 2003. . '
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