Table of Contents

  • CWSRF & Infrastructure Financing
  • Sanitary Sewer Systems Waste Discharge Requirements General Order
  • Nutrients
  • Toxicity
  • PFAS
  • Microplastics
  • Water Conservation
  • Recycled Water & Volumetric Annual Reports
  • Water Quality Fees
  • Environmental Lab Accreditation Program
  • Resource Alignment/Cost of Compliance
  • SB 1383 – Short Lived Climate Pollutant Reduction Strategy
  • Advanced Clean Fleets Regulations
  • Federal Regulatory Issues

 

CWSRF & Infrastructure Financing

The Clean Water State Revolving Fund (CWSRF) program is a federal-state partnership that provides communities low-cost financing for a wide range of water quality infrastructure projects. The CWSRF was created by the 1987 amendments to the Clean Water Act (CWA) as a financial assistance program for a wide range of water infrastructure projects. These infrastructure projects include municipal wastewater facilities, decentralized wastewater treatment systems, and green infrastructure products. CASA has been engaged with the Intended Use Plan and advancing recycled water production and beneficial reuse, generating renewable energy supplies, and producing and beneficially using biosolids and other valuable resources. CASA has advocated on behalf of the CWSRF applicants and CASA members and has expressed the importance of these vital infrastructure projects during a time of drought and the Governor’s increased need for recycled water. CASA has worked with the Federal Environmental Protection Agency, California Environmental Protection Agency, and the State Water Resource Control Board to accelerate CWSRF repayments, allow for multi-year projects to be eligible for CWSRF funds, and updating prioritization criteria.

Comment Letters:

Links:

 

Sanitary Sewer Systems Waste Discharge Requirements General Order

A sanitary sewer overflow (SSO) is any overflow, spill, release, discharge, or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs are a potential hazard that may reach surface and ground waters, potentially impacting public health and aquatic life. Due to these spills, the State Water Board has created a regulatory reporting system for these spills, and have reissued the general order which, among other things, expanded the requirements for the Sewer System Management Plan (SSMP). The order takes a proactive approach to ensure public entities that own or operate sanitary sewer systems of a certain size that collect and convey wastewater to a publicly owned treatment facility in the State have a system-wide operation, maintenance, and management plan in place to reduce the number and frequency of SSOs. CASA, alongside with other associations, has been very involved in the stakeholder workshops to ensure that the reissued general order follows the best science and does not create a system that does not work in the wastewater sector. After the adoption of the reissued general order in December of 2022, CASA has continued to engage with stakeholders and State Water Board staff to ensure compliance and understanding of the reissued order.

Comment Letters:

Links:

Nutrients

Nutrients (generally nitrogen and phosphorous) in combination with other natural environmental factors can lead to eutrophication and increased algal growth in certain types of water bodies. Wastewater entities are regulated as a point source of nutrients, though a significant amount of nutrient contributions to water bodies come from non-point sources such as agricultural runoff. The State Water Resources Control Board is developing a statewide nutrient control program focusing on wadeable streams. Efforts are also underway to address nutrients in California’s bays and estuaries.

CASA has worked with the relevant state and federal agencies, including the National Oceanic and Atmospheric Administration (NOAA) on the growing issue that harmful algal blooms (HABs) are causing to our oceans, people, marine life, and the environment. CASA has also been involved with the regulatory response to the increasing ocean acidification and the Ocean Protection Council’s Ocean Acidification and Hypoxia (OAH) Science Task Force. The State Water Board has been considering statewide water quality objectives for nutrients, other biostimulatory substances, and cyanotoxins, and a program of implementation under the Biostimulation, Cyanotoxins, and Biological Condition (B&C&B) Provisions, and CASA has been following these developments and give the feedback that the SWB has been asking for. CASA has also engaged with environmental modeling, and ROMS-BEC to ensure that the best practices are being performed and that the information we can gain from these models are of the highest scientific quality. CASA has also been preparing for the 2024 Ocean Plan Amendment, which will likely lead to nitrogen and phosphorus permit requirements, and we have been monitoring this development and are preparing to engage on this issue.

CASA has developed a holistic, watershed-based alternative to addressing nutrient issues that is more suited to address the unique problems they present and continues to be involved as a primary wastewater stakeholder in nutrient policy development efforts.

Comment Letters

Links

 

Toxicity

Toxicity, often referred to as Whole Effluent Toxicity (WET), is a term used to describe the aggregate toxic effect of a particular discharge as measured by an organism’s response to samples of that water. Wastewater discharge permits generally require wastewater plants to engage in toxicity testing as part of their water quality compliance. The State Water Resources Control Board is developing a statewide policy for toxicity assessment and control, which may alter monitoring frequencies, specify test methods and establish effluent limitations.

Despite the pending state policy, individual regional water boards have begun to issue more stringent permits including numeric effluent limitations. CASA has objected to these permitting practices as premature and inconsistent with federal regulations and has supported its members by filing several petitions for review with the State Water Resources Control Board. CASA has begun to engage on research on this topic, to help illustrate our concerns to the State Water Board.

CASA has been working closely with the Southern California Coastal Water Research Project on the Cerio Study since the kickoff in October of 2020. This three-year study has been working in collaboration with stakeholders, the State Water Board and State-accredited testing laboratories to ensure that those labs are producing the highest-quality data possible for the C. Dubia toxicity test.

Comment Letters

Links

 

PFAS

Per and polyfluoroalkyl substances (PFAS) are a group of manmade fluorinated compounds which are used for a variety of applications by both industry and residential households. These chemicals are widely used because they are resistant to heat, water, and oil. PFAS are commonly found in every American household, and in products as diverse as non-stick cookware, furniture, clothing, cosmetics, lubricants, paint, carpets, pizza boxes, popcorn bags, and many others. Although there is some evidence that exposure to PFAS at certain levels can lead to adverse health outcomes in humans, health outcomes are still largely unknown. Public wastewater treatment plants are passive recipients of harmful chemicals contained in an array of consumer products that are washed down indoor drains or flushed down toilets. Therefore, source control and other upstream actions to stop the flow of these chemicals at their source are important to support the wastewater sectors mission of protecting public health and the environment.

CASA has been engaged with the State Water Resources Control Board, the California Environmental Protection Agency, and the Department of Toxic Substances Control to address the influx of PFAS within California’s wastewater system. CASA has been advocating for regulations aiming to curtail the usage of PFAS in manufacturing and the inclusion of these chemicals in commercial products. In addition to this, CASA has been urging the regulatory bodies to continue their investigation of the health risks of PFAS and developing treatments to mitigate the impacts of PFAS in the wastewater systems.

CASA, in collaboration with CASA’s in-house federal advocates, has being working with the EPA on the proposed CERCLA designation of PFOA & PFOS. In addition to this effort, CASA has been involved with studies to produce meaningful science on these forever chemicals, talks with regulators on the EPA’s PFAS Strategic Roadmap, and the State Water Board Investigative Order for PFAS in Drinking Water Sources.

Federal

State

Comment Letters

 

Microplastics

Microplastics have continued to raise concern due to the threats that they pose to aquatic life, human life, and our environment. Plastics in the environment continue to rise, and as these plastics break down, they continue to pose unique risks as they become harder to treat. The State Water Resources Control Board has begun to evaluate new treatment and testing methods to deal with microplastics. On September 28, 2018, Senate Bill No. 1422 required the State Water Board to adopt a definition of microplastics in drinking water on or before July 1, 2020, and on or before July 1, 2021, to adopt a standard methodology to be used in the testing of drinking water for microplastics and requirements for four years of testing and reporting of microplastics in drinking water, including public disclosure of those results. In addition to this, the State Water Board has been tasked with creating a Microplastics Handbook, to provide guidance on treatment and testing strategies. The Ocean Protection Council has been in the process of drafting a Statewide Microplastics Strategy which aims to provide a roadmap for California to be on the forefront of managing microplastic pollution. In the Statewide Microplastic Strategy, the OPC calls for research to be done on means to monitor and analyze microplastics in the water supply. CASA has answered the call, and has been working with other stakeholders to organize a Microplastics Research Project.

CASA has been in discussions with the State Water Board and the Ocean Protection Council to ensure that wastewater treatment is receiving guidance on best practices to mitigate the damage to our environment caused by microplastics. We have provided comments on testing methodologies and the treatment guidance and have been a supporter of developing regulations that will decrease the amount of microplastic that ends up in our waterways.

Comment Letters

Links

 

Water Conservation

Water Conservation has always been a priority concern in California, however due to the drought and climate change, water conservation has now become a mainstay in water policy. While many temporary emergency drought measures have been put into place, the regulatory bodies in California have started to investigate adopting permanent water conservation regulations, and CASA has been supportive of this move. In addition to regulating water use standards, the State Water Boards have looked into methods to increase California’s limited water supply. CASA has advocated for the use of recycled water as a means of increasing the general water supply. CASA has advocated for water conservation with the California Natural Resources Agency with the Water Resilience Portfolio and the Department of Water Resources and their work on Indoor Residential Water Use Standards. The State Water Board has continued to advance policy on conserving water, increasing access to water treatment, and improving efficiency in water treatment and conservation systems.

Comment Letters

Links

 

Recycled Water & Volumetric Annual Reports

With the increasing need for recycled water, and California’s water conservation targets, wastewater and recycled water dischargers have been required to annually report monthly volumes of influent, wastewater produced, and effluent, including treatment level and discharge type.

CASA has been advocating for wastewater agency participation in the Volumetric Annual Report and how best to interpret the results of this survey. In 2021, over 700 facilities submitted their data by the deadline and this year’s report included analysis of recent trends in California since there now are three consecutive years of this data. The 2021 Volumetric Annual Report included a broader discussion about revising our statewide goals for recycled water in lieu of this information and the continuing drought. The implications that the Volumetric Annual Report may have on policy decisions in California is large, and CASA strives to ensure that these reports contain the most accurate information and are utilized to their fullest potential.

Comment Letters

Links

 

Water Quality Fees

Water Quality Fees have been imposed to pay services administered by the State Water Boards. While there are many cost drivers to these fees, they have been subject to many workshops and proposals and CASA has been engaged on this issue ensuring that the fees are not being increased without proper vetting. CASA has communicated concern with the raising Water Quality fees on NPDES fee payers, WDR fee payers, and the ELAP fees. Through comment letters, CASA has expressed our apprehension to the increases, to creating an open-ended fund reserve, and increasing budgets while the services rendered to fee payers remains the same.

Comment Letters

Links

 

Environmental Lab Accreditation Program

The Environmental Laboratory Accreditation Program (ELAP) provides evaluation and accreditation of environmental testing laboratories in the state, including those utilized by wastewater agencies. The ELAP program is in the process of undergoing significant changes in the wake of its transition to the State Water Resources Control Board. CASA representatives participate as part of the stakeholder group providing input related to ongoing changes to ELAP. Through comment letters, CASA has displayed apprehension against raising the ELAP fees, especially when the pool of fee-paying labs is decreasing.

Comment Letters

Links

 

Resource Alignment/Cost of Compliance

The State Water Resources Control Board resource alignment/cost of compliance effort began in 2011 as a way to assess and align State Water Board priorities, resources, and performance targets. The process has evolved since that time and now serves as a forum to consider proposals developed by CASA and other regulated stakeholders to reduce the costs of compliance for dischargers while maintaining water quality protections.

The State Water Board affirmed a checklist and supporting documents as part of the resource alignment / cost of compliance initiative that could prove valuable for wastewater agencies. Regional Water Board permit writers should already have these documents in their possession and will use them as part of current and future permit renewals. This checklist and continued support for the cost of compliance initiative should indicate the support of the State Water Board to find ways to reduce the cost of compliance for permittees while maintaining water quality protections. The purpose of the checklist and draft guide is to address rising permit fees and costs by eliminating redundancies and codifying best practices for regional boards.

If you believe that your agency’s permit contains duplicative or unnecessary monitoring and reporting requirements, or if your agency could benefit from a regional monitoring program or the use of surrogate sampling in some circumstances, we encourage you to review this checklist closely and bring these issues up with your Regional Board permit writer at permit renewal. This is an opportunity for your agency to raise cost of compliance concerns with your Regional Board and permit writing staff and potentially get these issues addressed.

Links

 

SB 1383 – Short Lived Climate Pollutant Reduction Strategy 

The Short-Lived Climate Pollutant Reduction Strategy aims to reduce to emission of greenhouse gasses such as methane. The rule requires a 75% reduction in the amount of organic materials being sent to landfill by 2025.  CASA has engaged on this issue to advocate for the role that biosolids and biogas can play in helping the state meet its 75% reduction goals.  CASA has also collaborated with the solid waste sector to promote the role that wastewater treatment infrastructure can play in receiving food waste diverted from landfills.

Comment Letters

Links

 

Advanced Clean Fleets Regulations

The proposed Advanced Clean Fleets Regulations will set new requirements on public fleets, including those of wastewater agencies. For vehicles with a gross weight over 8,500 lbs., beginning in 2024 50% of vehicle purchases would need to be zero-emission vehicles and this would increase to 100% by 2027. CASA is engaging on this issue to ensure that renewable biogas from anaerobic digestion can continue to be used as a vehicle fuel. The proposed Public Fleet Requirements should not halt projects that seek to accept diverted organic waste from landfills and investments in beneficially using the recovered non-fossil renewable wastewater-derived biogas. CASA is also working to ensure that agencies are not required to comply with this rule if there are no commercially available zero-emission vehicles available for the class of vehicle needed. 

Comment Letters

Links

Federal Regulatory Issues

The United States Environmental Protection Agency (USEPA) is develops regulations to implement the major federal environmental laws—including the Clean Water Act and Clean Air Act. CASA frequently comments on and engages in advocacy related to those rulemakings that have the potential to impact the wastewater industry, including regulations addressing water quality standards, methods, and processes.

Comment Letters

Links