Home\News\WateReuse Review\WateReuse Review – September 23, 2019

Washington Update

Draft National Water Reuse Action Plan Posted for Public Comment

The U.S. Environmental Protection Agency (EPA) published the draft national Water Reuse Action Plan in the Federal Register on September 16 and has requested public comment by December 16. For the past seven months, EPA has been developing a draft plan based on feedback from water sector partners, other federal agencies, state agencies, industry, and other stakeholders. WateReuse engaged significantly throughout this process, including by hosting two national convenings and jointly submitting comprehensive recommendations with other national water associations.

On September 10, EPA’s Assistant Administrator for Water, David Ross, announced the roll out of the draft Action Plan at the 34th^h Annual WateReuse Symposium in San Diego, California. He was joined onstage by his Senate-appointed counterparts from the White House Council on Environmental Quality, U.S. Army Corps of Engineers, Bureau of Reclamation, and U.S. Departments of Energy, Agriculture, and Interior.

WateReuse will be working with our members and partners over the next three months to develop comments on how to prioritize and implement the actions contained in the draft Action Plan. In addition to mapping out implementation steps for key actions, we will help support and facilitate commitments from lead actors and collaborators, including both governmental and non-governmental entities.

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EPA Discusses Water Reuse with House Infrastructure Committee

On Wednesday, September 18, the House Transportation and Infrastructure Committee heard testimony from Dave Ross, Assistant Administrator of Water for the U.S. Environmental Protection Agency (EPA). The hearing, entitled “The Administration’s Priorities and Policy Initiatives Under the Clean Water Act,” touched on a variety of issues, including the Administration’s withdrawal of the Obama Administration’s 2015 Clean Water Rule, regulation of Per- and Poly-fluoroalkyl Substances (PFAS), and water reuse.

In his opening testimony, Assistant Administrator Ross referred to the 34th Annual WateReuse Symposium and the roll out of the draft National Water Reuse Action Plan. He noted that “there is innovative work happening throughout the water sector to advance water reuse” and that “the draft Action Plan is intended to help accelerate adoption of water reuse as a critical component of an integrated water resources management approach that can support improved water resiliency, sustainability, and security.” He talked with Water Subcommittee Chairwoman Grace Napolitano (D-CA) and Representatives Salud Carbajal (D-CA) and Bob Gibbs (R-OH) about multiple aspects of reuse, including reuse of produced water and stormwater.

Meanwhile, on the other side of the Hill, the Senate Environment and Public Works Committee held a hearing on the next Water Resource Development Act (WRDA), which the Committee hopes to complete in 2020. The Committee discussed a multitude of issues, including water storage.

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Senate Committee Advances Funding for Water Recycling

Earlier this month, the Senate Appropriations Committee passed its version of the FY 2020 Energy and Water Appropriations bill, which includes funding for key water recycling programs. The bill provides $20 million for competitive grants through the Title XVI Water Reclamation and Reuse Program, administered by the Bureau of Reclamation. It also provides slightly more than $45 million for Title XVI “legacy” projects, which have been individually authorized by Congress through previous acts. Of the $65 million total for the Title XVI program, at least $20 million must be used for aquifer storage and recovery projects. The bill also provides $30 million for the Desalination and Water Purification Program.

In contrast to the Senate bill, the House version, which the full House passed in June, provides only $13,333,000 for Title XVI competitive grants and just $14,125,000 for the desalination program, though it does provide increased funding for Title XVI legacy projects.

Senate leadership is currently negotiating how to move spending bills to the floor for full Senate consideration. Much of the conversation revolves around if and how to fund further construction of the southern border wall. Senate Democrats have significant concerns about current funding allocations, as decided by the Majority, which provide a significant funding increase for the border wall at the expense of other domestic spending bills, primarily the Labor, Health and Human Services, and Education Appropriations bill.

Last week, the House of Representatives passed a short-term continuing resolution (CR) to keep the government open beyond the end of the fiscal year on September 30. The CR runs through November 21, and will be taken up by the Senate in the coming days. Upon passage of the CR, top appropriators and House and Senate leadership will work to negotiate final allocations and funding numbers for FY 2020.

The WateReuse Association will continue to strongly urge congressional negotiators to include at least $20 million for Title XVI competitive grants and robust funding levels for the desalination and Title XVI legacy programs.

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Trump Administration Withdraws 2015 Clean Water Rule

The scope of EPA’s authority to regulate waterways and wetlands has long been debated, largely due to varying interpretations of the definition of “Waters of the United States.” Since the passage of the Clean Water Act in the 1970s, rulemakings and court decisions have attempted to clarify what constitutes a water of the U.S.

In 2015, the Obama Administration issued a rulemaking aimed at clarifying the definition and the scope of EPA’s regulatory authority. Earlier this month, the Trump Administration withdrew the 2015 rule, temporarily reverting back to prior definitions. EPA proposed a new definition in February 2019, and is currently in the process of finalizing that document.

WateReuse submitted comments in April 2019 urging EPA to ensure that the revised definition does not unintentionally place new regulatory burdens on water recycling projects. It is not yet clear when the Administration intends to finalize the new definition.

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State Updates and Member Profiles

Welcome New Member!

The WateReuse Association welcomes the following new member:

Protec-Arisawa

Arizona: Scottsdale Receives State’s First DPR Permit, Sponsors Craft Beer Brewing Event

WateReuse Association member Scottsdale Water received Arizona’s first direct potable reuse (DPR) permit, making its advanced water treatment plant one of only three permanent facilities in the nation permitted for DPR. Scottsdale Water has performed indirect potable reuse via aquifer recharge for more than 20 years. While Scottsdale Water does not plan to make immediate changes in how it manages water, the utility will use its DPR permit for educational purposes, including providing water for a craft beer brewing event in November. Read More.

California: Legislature Directs State Water Board to Update Non-Potable Reuse Rules

Earlier this month, the California Legislature unanimously passed a bill, AB 1180, which requires (based on available funding) the State Water Board to update its non-potable reuse regulations by 2023. It also requires the Water Board to include the use of swivel ell connections for its update to cross connections regulations. WateReuse California has been requesting this update for more than 10 years to address a number of outdated provisions for non-potable regulations involving dual plumbing, outdoor eating facilities, and more. The bill now goes to the Governor for his signature.

California: Metropolitan to Assess Supply Potential of Stormwater Reuse

WateReuse Association member the Metropolitan Water District of Southern California is launching a new three year, $5 million pilot program to learn the most efficient and cost effective methods to capture and use rainfall and stormwater runoff. The program will help fund the construction of new direct-use stormwater capture projects and the installation of monitoring equipment on existing projects. The pilot program is aimed at direct-use projects, like cisterns and permeable pavement with underground collection systems, that capture rainfall and stormwater and use it onsite for nonpotable needs such as irrigation. Read More.

Texas: Report Forecasts Increased Water Recycling in Oil and Gas Industry

The Texas Alliance of Energy Producers released a report September 16 that forecasts that the reuse and recycling of water produced during oil and gas extraction is poised to expand as the amount of water produced during these processes is expected to nearly double by 2023. The study, titled Sustainable Produced Water Policy, Regulatory Framework, and Management in the Texas Oil and Gas Industry: 2019 and Beyond, predicts that Texas oil and gas producers will be forced to continue sourcing water for fracking from an area in West Texas where water is scarce and freshwater sources are depleting. The report also finds that current and emerging treatment technologies can support cost-effective recycle and reuse in the oil and gas industry. Read More.

Research Update

RFPs for Six New Water Reuse Research Projects Open

The Water Research Foundation announced six new water reuse research projects that will be funded under a grant from the California State Water Resources Control Board. Requests for Proposals (RFPs) are open for research that addresses log removal credits, real-time monitoring, advanced oxidation processes, antibiotic resistance, and more. View RFPs.

Research Consortium to Study Scientific Gaps in Produced Water Recycling

New Mexico Environment Department and New Mexico State University have entered into a memorandum of understanding, which will create a produced water research consortium. The consortium will develop a framework to fill scientific and technical knowledge gaps necessary to establish regulations and policies for the treatment of produced water that protect public health and the environment while encouraging the oil and natural gas industry to rely less on fresh water and more on the reuse of produced water. Read More.

Conferences and Events

Call for Abstracts: 2020 WateReuse California Annual Conference

The California Section of the WateReuse Association is accepting abstracts for presentations at the 2020 WateReuse California Annual Conference to be held March 15-17, 2020 at the Hyatt Regency, San Francisco, California. The conference is designed for individuals, organizations, and agencies that are associated with or interested in the design, management, operation, and use of water recycling facilities and projects in California. Abstracts are due October 18. Learn More.

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