HomeMy WebLinkAbout09-11-2017 Legislative Committee Meeting Agenda Orange County Sanitation District , Monday, September 11, 2017
Meeting of the `u ' 12:00 P.M.
LEGISLATIVE AND PUBLIC Administration Building
AFFAIRS COMMITTEE Board Room
10844 Ellis Avenue
++ Fountain Valley, CA
(714) 593-7433
AGENDA
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to address the Committee on any item,please complete a Speaker's
Form(located at the table at the back of the room) and submit it to the Clerk of the Board or notify the Clerk of
the Board the item number on which you wish to speak. Speakers will be recognized by the Chairman and
are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous
matters of general interest to the Committee Members. These reports are for information only and require no
action by the Committee.
CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by
the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for
separate discussion will be considered in the regular order of business.
1. APPROVAL OF MINUTES (Clerk of the Board)
RECOMMENDATION: Approve minutes for the Committee meeting held on
July 10, 2017.
NON-CONSENT CALENDAR:
2. PUBLIC AFFAIRS STRATEGIC PLAN YEAR-END REVIEW
(Jennifer Cabral)
RECOMMENDATION: Recommend to the Board of Directors to: Receive and file
the Public Affairs Strategic Plan Year-End Review.
INFORMATION ITEMS:
3. ORANGE COUNTY SANITATION DISTRICT MEMBERSHIPS (Bob Ghirelli)
09;11 2017 Legislative and Public Affairs Committee Page 1 of 2
4. NEW DENTAL OFFICE RULES AND THE ORANGE COUNTY SANITATION
DISTRICT'S ROLE (Jim Colston)
5. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long)
6. PUBLIC AFFAIRS UPDATE (Jennifer Cabral)
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
ADJOURNMENT:
The next Legislative and Public Affairs Committee meeting is scheduled for Monday,
October 9, 2017 at 3:30 p.m.
Accommodations for the Disabled: Meeting Rooms am wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714)593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2, this agenda
has been posted outside the main gate ofthe Sanitation District's Administration Building located at 10844 Ellis Avenue,
Fountain Valley, California, and on the Sanitation District's website at www.ocsd.com, not less than 72 hours prior to
the meeting date and time above. All public records relating to each agenda item, including any public records
distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public
inspection in the office of the Clerk of the Board.
Agenda Description: The agenda provides a brief general description of each item of business to be considered or
discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take
any action which is deemed appropriate.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Kelly A.Lore
Clerk of the Board
(714)593-7433
Klore(docsd.com
For any questions on the agenda, Committee members may contact staff at:
General Manager James D. Herberg (714)593-7300 iherbera(docsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 mhirelliCdocsd.cem
Principal Public Affairs Specialist Jennifer Cabral (714)593-7581 icabral(docsd.com
Senior Public Affairs Specialist Rebecca Lon 714 593-7444 rlon ocsd.com
09/11/2017 Legislative and Public Affairs Committee Page 2 of 2
ITEM NO. 1
MINUTES OF THE
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE
Orange County Sanitation District
Monday, July 10, 2017 at 3:30 p.m.
A meeting of the Legislative and Public Affairs Committee was called to order by
Vice-Chair Shawver on Monday, July 10, 2017 at 3:31 p.m. in the Administration
Building of the Orange County Sanitation District. Director Wagner led the pledge of
allegiance.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
Greg Sebourn, Board Chair Jim Herberg, General Manager
David Shawver, Board Vice-Chair Bob Ghirelli, Assistant General Manager
Allan Bernstein, Member-At-Large Celia Chandler, Director of Human Resources
Peter Kim, Member-At-Large Jim Colston, Director of Environmental Services
Donald P. Wagner, Member-At-Large Rob Thompson, Director of Engineering
Chad Wanke, Member-At-Large Lorenzo Tyner, Director of Finance &
John Withers, Member-At-Large Administrative Services
Kelly Lore, Clerk of the Board
COMMITTEE MEMBERS ABSENT: Rebecca Long
None. Kelly Newell
Man Nguyen
OTHERS PRESENT:
Brad Hogin, General Counsel
Eric O'Donnell, Townsend Public Affairs
Eric Sapirstein, ENS Resources (via
teleconference)
Cori Williams, Townsend Public Affairs
Director Tim Shaw (La Habra)
PUBLIC COMMENTS:
None.
REPORTS: The Committee Chair and the General Manager may present verbal reports on
miscellaneous matters of general interest to the Committee Members. These reports are for
information only and require no action by the Committee.
• Sacramento Visit—June 27, 2017
General Manager Jim Herberg did not provide a report.
07/10/2017 Legislative and Public Affairs Committee Minutes Page 1 of 4
Vice-Chair Shawver thanked Townsend Public Affairs (TPA) for their assistance in
Sacramento and stated that the full report on the Sacramento Visit would be
deferred until the end of meeting.
CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be
enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the
Consent Calendar for separate discussion will be considered in the regular order of business.
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. and DULY CARRIED TO: Approve minutes for the
Committee meeting held on June 12, 2017.
AYES: Bernstein, Kim, Shawver, Wagner, Wanke
NOES: None
ABSTENTIONS: None
ABSENT: Sebourn and Withers
NON-CONSENT CALENDAR:
None.
Director Withers arrived at 3:41 p.m.
INFORMATION ITEMS:
2. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long)
Rebecca Long, Senior Public Affairs Specialist, introduced Eric Sapirstein,
ENS Resources, who provided a verbal update to accompany his written
report on the following: infrastructure legislation, water infrastructure
support, healthcare bill progression, tax reform, SRF programs, proposed
infrastructure privatization, US EPA projects for WIFIA program assistance
and funding, letter of support (Lowenthal) for permit terms bill, FY 2018
budget funding/cuts, Senate energy bill - water sense program, and the
status of H.R. 2510 (DeFazio) - the Water Quality Protection and Job
Creation Act of 2017. Mr. Sapirstein responded to questions regarding the
proposed privatization of infrastructure and stated the challenges and risks
involved include: the loss of control over regulatory enforcement, safety,
liability, reliability, and affordability to the public.
A press release from the office of Dianne Feinstein, dated June 28, 2017,
regarding the introduction of a bipartisan bill to encourage residential water
conservation, was distributed and made available to the public.
Vice-Chair Shawver introduced Cori Williams and Eric O'Donnell, TPA, who
provided an informative PowerPoint presentation that included information
regarding: 2017-18 Legislative Session, State Budget signed by the
07/10/2017 Legislative and Public Affairs Committee Minutes Page 2of4
Governor on June 27, budget trailer bills still outstanding (Cap and Trade
Legislation), summary and positions on bills: AB 574 (Quirk) Potable Reuse,
SB 231 (Hertzberg) Local Government Fees and Charges, and AB 967
(Gloria) Human Remains Disposal (hydrolysis facilities). Mr. Herberg
provided insight into the District's current process of permitting these types
of facilities. When asked, Director of Environmental Services Jim Colston
responded thatthere are currently no human remainsfacility permits and only
two pet remains facility permits, which discharge to the SARI line.
Chair Sebourn arrived at the meeting at 3:58 p.m.
Mr. O'Donnell provided an update on the recent Sacramento Advocacy Day
that took place on June 27, attended by Chair Sebourn, Vice-Chair Shawver,
Director Bernstein, Mr. Herberg, and TPA. Ms. Williams detailed information
delivered including design build projects and cost savings concepts for
OCSD to implement contracts. Ms. Williams also highlighted a meeting with
Steve Moore, Vice-Chair of the SWRCB.
Mr. O'Donnell reported on the meeting held with the Little Hoover
Commission in which the anticipated final report on special districts,focusing
on LAFCOs, transparency, climate change adaptation, and the
implementation of a program to mandate the inspection of sewer lines on
properties at the time of sale, were discussed.
Director Bernstein reported briefly on the trip to Sacramento, and thanked
TPA for their assistance.
3. PUBLIC AFFAIRS UPDATE (Bob Ghirelli)
Kelly Newell, Public Affairs Specialist, distributed requested information
regarding the Inside the Outdoors Program and updated the Committee on
recent community outreach, speaking engagements, social media postings,
and upcoming events.
Bob Ghirelli, Assistant General Manager, also provided a brief overview of
the current public affairs outreach efforts including: the GWRS bottled water
event, the Fountain Valley 60"' anniversary parade, Tustin Chili Cookoff,
Dana Point food festival, newly released tour video, monthly legislative
smalls, and the success of the Advocacy Day in Sacramento.
Mr. Ghirelli distributed information requested by the Committee regarding
four organizations, to which OCSD is a member, and briefly discussed each
one. He responded to questions regarding the necessity and value of
membership in OCBC. The Committee requested a more comprehensive list
of these types of memberships (excluding trade/training opportunities.)
07/10/2017 Legislative and Public Affairs Committee Minutes Page 3o`4
Directors Wanke and Withers departed the meeting at 4:33 p.m.
Chair Seboum provided an update on the Advocacy Day in Sacramento stating the
great benefit in attending. He informed the Committee that meetings held with the
Orange County Delegation were to maintain relationships and leverage OCSD as a
resource, while other, more focused meetings targeted specific topics and have a
direct impact on what we do and how we do it. Chair Sebourn further remarked that
Cori and Eric have a great rapport with the legislators.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
Chair Sebourn declared the meeting adjourned at 4:45 p.m. to the next Legislative
and Public Affairs Committee meeting, Monday, August 14, 2017 at 12:00 p.m.
Submitted by:
Kelly A. Lore, CIVIC
Clerk of the Board
07/10/2017 Legislative and Public Affairs Committee Minutes Page 4 of
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE MellingDD� To 17
ZmDir.
AGENDA REPORT I em Number Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: PUBLIC AFFAIRS STRATEGIC PLAN YEAR-END REVIEW
GENERAL MANAGER'S RECOMMENDATION
Receive and file the Public Affairs Strategic Plan Year-End Review.
BACKGROUND
Historically, wastewater agencies have been an "out of sight, out of mind" utility. At the
direction and guidance of the Legislative and Public Affairs Committee (Committee), the
Orange County Sanitation District (Sanitation District) has a two-year comprehensive
Public Affairs Strategic Plan (Plan) that was approved by the Committee in March 2016
to highlight the work that our employees do every day - work that is essential for the
protection of public health and the environment.
The Plan is prepared to support the Sanitation District's mission and implementation of
the Sanitation District's Strategic Plan. This Plan offers a vision to unify our
communication efforts and focus resources to achieve the greatest impact and the
greatest results. Through the adoption of the Plan, the Board provides direction for a
two-year period.
The adopted Plan will expire June 30, 2018.A new plan will be drafted and brought before
the Committee in 2018.
RELEVANT STANDARDS
• Unified legislative advocacy and public outreach program
• Build brand, trust, and support with policy makers and community leaders
• Maintain collaborative and cooperative relationships with neighboring agencies
• Listen to and seriously consider community input on environmental concerns
PROBLEM
The primary objective of our Public Affairs team is to deliver messages that are accurate,
transparent, and designed to foster public trust and confidence. An integrated Public
Affairs Strategic Plan is essential to deal effectively with the variety of audiences we
serve.
Page 1 of 2
PROPOSED SOLUTION
By having a comprehensive public affairs program, we can reach various audiences: our
employees, influential public, local, state and federal elected officials, facility neighbors,
residents, businesses and commuters, media (new and traditional), and our industry. We
reach the various audiences through efforts such as tours, community outreach and
education, general communication via the Sanitation District's website, social media
outlets and mainstream media, and construction outreach. This, in turn, results in a more
informed ratepayer and community base.
RAMIFICATIONS OF NOT TAKING ACTION
If we do not educate the community, local agencies, and area businesses about the
Sanitation District, we lose an opportunity to educate thousands of people about the
critical function and role that the Sanitation District plays in our community.
ADDITIONAL INFORMATION
A presentation will be provided at the Committee meeting highlighting the results of the
Sanitation District's public education and outreach efforts in FY 2016-17, including:
• OCSD/OCWD Open House
• Rebranded OCSD Website
• New Video Library (expected completion by the end of 2017)
• Completed Communications Assessment
• Participated in 11 Community Events
• Spoke to 24 Community Groups
• Hosted 195 Tours
• Received 16 Agency Awards
• Published over 300 Internal Communication pieces to OCSD's Ambassadors
• Almost 500 Social Media Posts
• Published 10 Press Releases
• OCSD referenced in over 45 articles
• 88.61K Visitors to www.ocsd.com
A presentation on legislative and grant efforts will be provided in December 2017.
ATTACHMENTS
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(1 w .ocsd.coml with the complete agenda package:
2016-2017 Public Affairs Annual Report— Presentation
Public Affairs Projects Fiscal Year 2016-2017 Portfolio (separate document for
hard copy)
Page 2 of 2
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2016- 2017 Public Affairs
Liml Rort- Update
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Public Affairs : What We Do
Legislative & Grants
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GWRS Water?
TNlk M.We„��... I Educational Outreach
SUMMER SEWER CONSTRUCTION
Internal Communications ,r
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Media Relations
Community Relations
ORANGE COUNTY SANITATION DISTRICT
minutes
Branding & Messaging 10
PER MONTH ` ?,
External Communications
2016 =2017 By the Numbers
Community Education Community Outreach
11 Community Events 44 Notifications
24 Speaking Engagements
195 Tours 2 Community Mtgs/Open Houses
Reaching over 70,000 homes & businesses
2,343 Sewer Science Participants
Reaching over 11,483 Media/Social Relations
457 Social Media posts reaching over
Industry Experts 21,000 people
16 Agency Awards Published 10 News Releases with over
Hosted State of the District 47 Articles mentioning OCSD
60 Website Posts
Grants 88.61K Visits to www.ocsd.com
2 Grants Received
Totaling $1.4 million Internal Communications
Legislative 300 Publications
39 bills Tracked and Analyzed
1 Federal Position
7 State Positions
Out in the Community
OC Eco Challenge at Angel Stadium
Elm Fountain Valley Concert in the Park
h Children's Water Festival
J
l I Los Alamitos Wings, Wheels & Rotors
Tustin Chili Cook-Off
Westminster Safety Day
OCSD and OCWD Community Open House
OC Science and Engineering Fair
OC Public Works Day
Placentia Heritage Festival & Parade
La Palma Event
La Habra Corn Festival `
Cypress Community Festival —
Fountain Valley Summer Fest - r
2016 = 17 Highlights
• Fresh Look for OCSD's Website
• New Video Library
• Internal Communications Audit
• GWRS Bottling Targeted Outreach
• Highlighted in Time Magazine
s�
What's Next
• State of the District
• Increased Legislative Advocacy
• Increased Grant Application and Coordination
• Internal Communications
• Expansion of OCSD Tours
• Huntington Beach Community Outreach
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Be Social
Connect with Us !
91 You
@ocsewers
Please visit our website www. ocsd . com
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Public Affairs Projec s .
Fiscal Year 2016-2017
table of contents
content page
special events s
internal projects 11
outreach 2s
reports 39
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SAVE THE DATE
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RECOLLECLIONS OFOUR IIONOIIF.F.S
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Employee Bi-Monthly Newsletter
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• New Employee On-boarding Program
• Online Leadership Training
• Coffee with the GM
Blast Brochure
13
internal projects [employee volunteer program]
Mai
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In recognition of your commitment to community
outreach antl etlucation by participatin9 in the
Volunteer Incentive Program
July 2016-June 2016
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Incentives for Districts
Employee Achievements AWA R D
_ As Official Recognition and Appreciation for a
Valuable Suggestion Designed for the Improvement
and Efficiency of the District's Operations
Presented to
Tony Hernandez
IDEA 17-810
Vactor-Less Grit Pit Pump-Out
June 8,2017
ORANGE COUNTY SANITATION DISTRICT
Certificate
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Calendar
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BIKE-TO-WORK DAY ON MAY 18
A LIGHT BREAKFAST WILL BE PROVIDED FOR CYCLISTS!
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and be eligible to win drawing prizes.If you want to be entered into the OCBII Bike-M-Work Week
drawing,email lblM DeVriea by frid",May 12 and let Alm know you plan on panici'uni
traditionally Me Orange Count'Transportation Authority(Ol will have a prize drawing for all
padicipards who fill outthe pledge form 1posted on the OCTA
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About OCSDFS
Vanpool Program
Ventilating is a comfortable,cost-effective,and convenient way for employees to
get to work.You save money by sharing oasts with others;it Is also a greener
choice because it decreases pollutants in the atmosphere'
Vanpool Players
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internal projects [cornerstone update]
Welcome to your
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2017 BENEFITS OPEN ENROLLMENT IS HERE!
October 3-17, 2016
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SUMMER SEWER CONSTRUCTION
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The Orange County Sanitation District's(OCSD) Red Hill Sewer
Improvements project will make its way to the intersection of Red Hill
Avenue and Mitchell Avenue Summer 2017.
With the summer season and local schools on break,work hours will be
7 a.m.—8 p.m.,Monday through Friday,and 9 a.m.—5 p.m.Saturday.
The work will be done in stages and will require traffic control set ups that
will restrict lanes and may require detours.If you are interested in more
information regarding this work,your community liaison is available to meet
with you one-on-one or in a group setting.
VISIT mvmocsd coMredhill antl sign up for"offficaffons
to keep informed of project updates.
Postcard
ORANCE COUNTY SANIToJON DISTRICT
FACT SHEET
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outreach (employment)
Careers
in Wastewater
ROLESEngineering Careers
P . in Wastewater
ROLES Learn about the many
(6 Internships
in Wastewater
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Utility Truck
32
PLEASE JOIN US FOR A
Design Consultant
OPEN HOUSE
Friday, September 30, 2016
10:00 a.m.— 12:30 p.m.
AGENDA:
10:00 a.m.-10:30 a.m.—Registration
10:30 a.m.-11:30 a.m.—Presentations
•CIP Program
•Upcoming Requests far Proposals(RFPs)
•Contract and Insurance Requirements
11:30 a.m.-12:30 p.m.—Networking
•Meet project teams for the upcoming RFPs
LOCATION:
Orange County Sanitation District
10844 Ellis Avenue,Fountain Valley,CA 92708
Seating is limited to a first-come-first serve basis
Please R.S.VP.to Monica Sanchez,by
Monday September 26,2016 at 714.593.7309 or
email at professionalservices110c5d.com
Manyou RSVP,plow.pra,d.the knowing inknnetion: ➢m�
Company Name;Namets)ofAnendee(s);Address;
Tekpbone Number;EmullAddiess
We took forward to meeting and talking with you!
Invitation
33
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► • P HOLIDAYS
i 6o the Oragge ounty Sanitation Dis on: `,yp
WISHNG YOU A SEASON OF JOY
A SEASON OF CHEER
AND TO TOP IT OFF
External Greeting card A WONDERFUL NEW YEAHI
34
outreach (social media)
Find us on
Social •
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111, OUR OFFICE S WILL BE CLOSED
`R@AY DEGEMBER 23 AND MONDAY. 26
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;I_R OFFCES WILL BE CLOSED
MONDAV,FBBRUARV 13,2017
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OUR OFFICES WILL BE CLOSED " ' """" " "" " ' LINCOLN'S BIRTHDAY
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INDEPENDENCE DAY -IN"oNORGF-
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Competition Award Poster
36
ORANGE COUNTY SANITATION DISTRICT
minutes
PER MONTH
Thank you for your interest in the Orange County Sanitation District. Five
Minutes Per Month is our opportunity to engage you,our influential public so
that you have a finger on the pulse of activities taking place here at OCSD.
Come Take a Tour With Us!
The Orange County Sanitation District(OCSD)just released our new tour
video that showcases the work we do,in a fun and educational way_Take the
journey with us through comical relief and amazing cinematography as you
learn how wastewater travels from your home or place of business to OCSD
and how we treat it to protect public health and the environment.We hope you
enjoy it as much as we dol Click here to view the video.
Questions or comments please reply to fodnfonmaionitt�orsd com or call
Jennifer Cabral, Public Affairs Office at 714.593 7581.
lKSDuepublic agerwy that providns wasfewatx cdlecnon.ftoo nt,andrecydingfor
appozimata'y 26 mllronpeoplem cenha'andnodhw tOrange County OCSDisaspeoal
dkfdcffhatmgartvnNbya25me BoarddDoredaacampr of2aafies,fourspeciaf
oistdcts,and ore mpesentative ham fhe Orange County Board of Supemsas OCSD
opeatesalargeregionalseaersystemandfaafreabnenffaalrf thatccgLd beataad
recycle"stetsaWlmnri residents,camravaaf andindusfdalaoum
10844 Ellis Avenue
Fountain Valley, CA 92708
Oran a CowN to.
District
37
reports
39
reports
•fit .
I .j
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ty of th
Futu re
who we are
The Oranlo county Sannaoon DOW(CCSD)is a pebhc agoncy that provides waaloweter
collodion.Irealment.and recycling for 2.6 million pooh in central and rort owast Orange
County.=0 is a stooped d,MW Nat a governed by a 25 member Board at Diredors
comglsed of W sties. low special datdcts, and one reprosanedw from the Orange
County Board of Supa yneors,OCSD has Mo poll facilities Hal Vest wastewater from
residential.Commercial end industnal sources.The wastewater Irom these mmnundres is
conveyed IMough W6 nales of regioaal assets to either the recWmalgn front In Fountain
Valley or Ne IreaVnwa plant,n Huntington Beach where it is needed and sent for water
,.,fog or released cob the Paid.Ocean.
Orange County Sanitation District
Blosolids Management
Compliance Report
Year 2016
EPA 41 CFR Part 503
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41
reports
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Annual Report
RESOURCE PROTECTION
Drange County Sanitation District DIVISION
PRETREATMENT PROGRAM
reports
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f acilitie s
ORANGE COUNTY SANITATION DISTRICT _
CAPITAL
improvement
program
-'4C''•'� � "��` - ��,� FISCAL YEAR 2015pfi
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Public AffairsDivision
10844 Ellis Avenue
Fountain Valley, CA 92708
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LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Data To ad.ofDir.
AGENDA REPORT17
Item Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: ORANGE COUNTY SANITATION DISTRICT MEMBERSHIPS
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
The Orange County Sanitation District(Sanitation District)has memberships with different
associations, agencies, and organizations. Some of the memberships are for the agency,
while others are for individual departments or staff members. The attached document
provides a list of the general Sanitation District memberships, several of which may offer
opportunities for Board Member involvement.
RELEVANT STANDARDS
• Maintain collaborative and cooperative relationships with neighboring agencies
• Provide professional growth & development
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following affachment(s)is included in hard copy and may also be viewed on-line at the OCSD website
(www.owd.coml with the complete agenda package:
• General Orange County Sanitation District Agency Memberships
Page 1 of 1
General ORANGE COUNTY SANITATION DISTRICT Agency Memberships
Organization Name Department
American Academy of Environmental Engineering&Science(AAEES) General Manager's Office
American Public Works Association (APWA) General Manager's Office
American Society of Civil Engineers(ASCE) Engineering
American Society of Safety Engineers(ASSE) Human Resources/Risk
American Water Works Association (AWWA) Multiple
Association of California Cities—Orange County(ACC-OC) General Manager's Office
California Association of Public Procurement Officials(CAPPO) Administrative Services
California Association of Sanitation Agencies(CASA) General Manager's Office
California Coastal Coalition Multiple
California Special Districts Association(CSDA) General Manager's Office
California Water Environment Association (CWEA) Multiple
Construction Management Association of America (CMAA) Multiple
CSUF Center for Demographic Research Engineering
Government Financial Officers Association (GFOA) Administrative Services
Information Technology Advisory Group(ITAG) Engineering
Municipal Information System Association of California (MISAC) Administrative Services
National Association of Clean Water Agencies(NACWA) General Manager's Office
National Safety Council (NSC) Human Resources/Risk
National Water Research Institute(NWRI) General Manager's Office
Orange County Business Council (OCBC) General Manager's Office
Orange County Council of Governments(OCCOG) General Manager's Office
Project Management Institute(PMI) Engineering
Santa Ana River Flood Protection Agency(SARFPA) General Manager's Office
Southern California Alliance of POTWs(SCAP) General Manager's Office
Southern California Coastal Water Research Project(SCCWRP) Environmental Services
UCI Civil&Environmental Engineering Affiliates Operations& Maintenance
Utility Branding Network(UBN) General Manager's Office
Water Emergency Response Orange County(WEROC) Human Resources/Risk
Water Environment Federation(WEF) Multiple
Water Environment&Reuse Foundation (WERF) Engineering
Water Information Sharing&Analysis Center(WaterISAC) Multiple
WateReuse Association General Manager's Office
WateReuse Foundation General Manager's Office
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Data To ad.ofDir.
09/11/17
AGENDA REPORT ItemNumber Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Jim Colston, Director of Environmental Services
SUBJECT: NEW DENTAL OFFICE RULES AND ORANGE COUNTY SANITATION
DISTRICT'S ROLE
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
The Environmental Protection Agency (EPA) estimates that across the United States
5.1 tons of mercury and an additional 5.3 tons of other metals found in dental amalgam
are discharged to Publicly Owned Treatment Works (POTWs) annually, and the mercury
eventually makes its way into the environment. After many years of evaluation and
consultation, EPA announced on June 14, 2017 a new rule called the"Effluent Limitations
Guidelines and Standards for the Dental Category," often referred to as the "Dental
Amalgam Rule." This rule requires dental offices to reduce the amount of mercury
discharged to POTWs, such as the Orange County Sanitation District(Sanitation District),
by using dental amalgam separators, implementing best management practices (BMPs),
and submitting required One-Time Compliance Reports. The Sanitation District's
Pretreatment Program will be responsible for working with the dental offices to facilitate
the compliance report submittal, and for receiving, reviewing, and retaining the reports
from those affected.
RELEVANT STANDARDS
• Clean Water Act
• National Pollutant Discharge Elimination System (NPDES) Permit
• Code of Federal Regulations, Title 40, Part 441 (40 CFR 441)
PROBLEM
In compliance with the Sanitation District's approved Pretreatment Program and federal,
state, and local regulations, the Sanitation District is now required to receive, review, and
retain the One-Time Compliance Reports from dental offices to document whether dental
offices placing or removing dental amalgam are using appropriate amalgam separators
and implementing the required two Best Management Practices (BMPs) to reduce the
discharge of mercury to the sewer.
Page 1 of 3
PROPOSED SOLUTION
In its development of the rule, EPA concluded that requiring dental offices to remove
mercury through relatively low-cost and readily available amalgam separators and BMPs
was economically achievable. Therefore, each dental office that places or removes
dental amalgam on a regular basis will be required to install, operate, and maintain at
least one dental amalgam separator, follow two BMPs, and maintain records that must
be made available upon request. A dental facility that was operating before July 14, 2017
is considered an Existing Source and must submit the compliance report by
October 12, 2020. A dental facility who opens for business on or after July 14, 2017 is
considered a New Source and must submit the compliance report to the Sanitation District
within 90 days of starting to discharge to the sewer. An Existing Source that changes
ownership is required to submit a new compliance report within 90 days after the transfer.
A dental office that removes dental amalgam only under limited emergency or unplanned,
unanticipated circumstances (e.g., no more than 5% of all procedures per office) must
certify to that effect in its One-Time Compliance Report, then the dental office will be
exempt from further requirements. To ensure consistency in the information submitted,
the Sanitation District has created a compliance report form for each type of dental office
and established a process for receiving and filing the information.
The Sanitation District has posted the following on its website (www.ocsd.com) so dental
offices can access information on the matter: The Sanitation District's One-Time
Compliance Report forms for regular and limited circumstance dental offices.
The Sanitation District is also reaching out to dental associations, including the California
Dental Association and the Orange County Dental Society, to spread the word about the
Dental Category, to direct dental offices to the Sanitation District's Dental Amalgam
Program website to facilitate the compliance report submittal, and generally to help the
dental offices achieve compliance with the new regulation.
RAMIFICATIONS OF NOT TAKING ACTION
If the Sanitation District does not receive, review, and retain the One-Time Compliance
Reports from dental offices as required, EPA and the Regional Water Quality Control
Board will initiate enforcement action against the Sanitation District for failing to carry out
its Pretreatment Program responsibilities under the federal Clean Water Act and the
Sanitation District's NPDES Permit.
ADDITIONAL INFORMATION
A presentation will be provided at the Committee meeting explaining the new rule and
what the Sanitation District is doing to comply with the rule.
Page 2 of 3
ATTACHMENTS
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
Federal Register Notice for the Dental Category (40 CFR 441)
Page 3 of 3
27154 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
and pests,Reporting and recordkeeping (b)Section 18 emergency exemptions. ADDRESSES:EPA has established a
requirements. [Reserved] docket for this action under Docket ID
Dated:May 4,2017. * * * * * No.EPA-F[Q-OW-2014-0693.All
Michael Goodie, [For Dar.2017-12346 Filed 6-13-17:8:45 aml documents in the docket are listed on
Director,Begistrim.Division,office of aiwas CODE eseo-H-P the https:llw ..mgulations.gov Web
Pesticide Programs. site.Although listed in the index,some
information is not publicly available,
Therefore,40 CFR chapter I is ENVIRONMENTAL PROTECTION e.g.,CBI or other information whose
amended as follows: AGENCY disclosure is restricted by statute.
PART 180—[AMENDED] Certain other material,such as
40 CFR Part 441 copyrighted material,is not placed on
1.The authority citation for part 180 [EPA-HQ-0W-2014-0693;FRL-9957-10- the Internet and will be publicly
continues to read as follows: OWl available only in hard copy form.This
material can be viewed at the Water
Authority:21 U.S.C.321(q),346a and 371. RIN 2040-AF26 Docket in the EPA Docket Center,EPA/
2.Section 180.681 is amended as DC,EPA West William Jefferson Clinton
follows: Effluent Limitations Guidelines and Bldg.,Room 3334,1301 Constitution
a.In the table in paragraph(a) Standards for the Dental Category Ave.NW.,Washington,DC.The Public
alphabetically add the following AGENCY:Environmental Protection Reading Room is open from 8:30 a.m.to
commodities:"Apple,wet pomace"; Agency(EPA). 4:30 p.m.,Monday through Friday,
"Bushberry subgroup 13-07B"; ACTION:Final rule. excluding legal holidays.The telephone
"Caneberry subgroup 13-07A";"Cherry number for the Public Reading room is
subgroup 12-12A "Fruit,peace,group SUMMARY:The Environmental Protection 202-566-1744,and the telephone
11-10';'Fruit,small vine climbing, Agency(EPA)is promulgating number for the Water Docket is 202-
except grape,subgroup 13-07E"; "Pea technology-based pretreatment 566-2426.Publicly available docket
and been,dried shelled,except soybean, standards under the Clean Water Act to materials are available electronically
subgroup 6C';"Pea and bean,succulent reduce discharges of mercury from through http://..regrdations.g.,A
shelled,subgroup 613 "Peach subgroup dental offices into municipal sewage detailed record index,organized by
12-12B";"Plum,Prune,Dried";"Plum treatment plants known as publicly subject,is available on EPA's Web site
subgroup 12-12C';"Vegetable,legume, owned treatment works(POTWs).This at https.11w .epa.govlegldental-
edible podded,subgroup 6A". final rule requires dental offices to use effluent-guidelines.
b.Paragraph(b)is revised. amalgam separators and two best FOR FURTHER INFORMATION CONTACT:For
The additions and revision read as management practices recommended by more information,see EPA's Web site:
follows: the American Dental Association(ADA). https.11w ..epa.govleg/dental-effluent-
This final Is includes a provision to guidelines.For technical information,
§180.681 Isofetamid;tolerances for significantly reduce and streamline the contact Ms.Karen Milam,Engineering
residues. oversight and reporting requirements in and Analysis Division(4303T),Office of
EPA's General Pretreatment Regulations Water,Environmental Protection
that would otherwise apply as a result Agency,1200 Pennsylvania Ave.NW.,
Commodity Parts per of this rulemaking.EPA expects Washington,DC 20460-0001;telephone:
million compliance with this final rule will 202-566-1915;email:milam.koren@
annually reduce the discharge of epa.gov.
mercury by 5.1 tans as well as 5.3 tone SUPPLEMENTARY INFORMATION:
Apple,wet pomace I.................. 20 of other metals found in waste dental
Bushberry subgroup 13-07B .... 5.0 amalgam to POTWs. I.Regulated Entities and Supporting
Canete rry subgroup 13-07A ... 4.0 DATES:The final rule is effective an J A.Regulated Entities
July Information
14,2017.The compliance date,meaning B.Supporting Information
Cherry subgroup 12-12A ......... 4.0 the date that existing sources subject to If.Legal Authority
the rule must comply with the standards In.Executive Summary
* * , in this rule is July 14,2020.After the IV.Background
Fmit,peace,group 11-10 ......... 0.60 effective date of the rule,new sources A.Legal Framework
subject to this rule must comply 1.Clean Water Act
' immediately with the standards in this 2.Effluent Limitations Guidelines and
Fruit,small vine climbing, ex- rule.In accordance with 40 CFR part 23, Standards
cept grape,subgroup 13-07E 10.0 this regulation shall be considered a.Best Available Technology Economically
Achievable(BAT)
issued for purposes of judicial review at b.Best Available Demonstrated Control
1 p.m.Eastern time on June 28,2017. Technology(BADCT)/New Source
Pea and been,tlried shelled, Under section 509(b)(1)of the CWA, Performance Standards(NSPS)
except soybean,subgroup
6C .......................................... 0.040 judicial review of this regulation can be c.Pretreatment Standards for Existing
Pea and been,succulent had only by filing a petition for review Sources(PSES)
shelled,subgroup 6B ............ 0.030 in the U.S.Court of Appeals within 120 d.Pretreatment Standards for New Sources
Peach subgroup 12-12B .......... 3.0 days after the regulation is considered (PSNS)
Plum, Prune, Dried ................... 1.50 issued for purposes ofjudicial review. C.Best Management Practices(BMPs)
Plum subgroup 12-12C ............ 0.80 Under section 509(b)(2),the B.Dental Sector Rulemeking History and
requirements in this regulation mments
9 gu may not Summary of Public Co Y C.Existing State and Local Program
Vegetable, legume,edible pod- be challenged later in civil or criminal Requirements
ded,subgroup 6A 1 So proceedings brought by EPA to enforce D.Roles and Responsibilities Under the
g p these requirements. National Pretreatment Program
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27155
R Mfnamats Convention on Mercury B.Costs for Larger Institutional Dental HID.Standards far Reference
V.Description of Dental industry&Dental Offices HIV.Statutory and Executive Order Reviews
Amalgam Wastewater Sources and VID.Pollutant Loads A.Executive Order 12866:Regulatory
Management A.National Estimate of Annual Pollutant Planning and Review and Executive
A.Dental Industry Reductions to POTWs Associated With Order 13563:Improving Regulation and
B.Dental Amalgam Wastewater Sources This Rule Regulatory Review
and Management 1.Mummy B.Paperwork Reduction Act
1.Amalgam Separators 2.Other Metals C.Regulatory Flexibility Act
2.Polishing To Remove Dissolved Mercury 3.Total Reductions D.Unfunded Mandates Reform Act
From Wastewater B.National Estimate of Annual Pollutant E.Executive Order 13132:Federalism
3.Wastewater Retention Tanks Reductions to Surface Waters Associated F.Executive Order 13175:Consultation
4.Beat Management Practices With This Rule and Coordination With Indian Tribal
VI.Final Rule a.Economic Impact Analysis Governments
A.Scope and General Applicability A.Social Cost Estimates G.Executive Order 13045:Protection of
B.Existing Sowce(PSES)Option Selection B.Economic Impact Children From Environmental Health
1.Coat-to-Revenue Analysis Risks and SafetyMake
C.New Souse(PSNS]Option Selection 2.Ratio of Rule's Capital Costs to Total H.Executive Orde 13211:EnergyEffects
D.Requirements Dental Office Capitol Assets
1.Performance Standard L National Technology Transfer and
2.Applicability to Dental Offices That Do 3.Comparison of the Rule's Capital Costa Advancement Act
PP tY to Annual Dental Office Capital Executive Order 12898:Federal Actions
Not Place Discharger Remove Dental Amalgam Replacement Costs J To Address Environmental Justice in
3.Dents]orkCopl ReportCompliance
Requirements
and en-s C.Economic Achi Analysis
Paperwork Compliance Requirements X.Cost Effectiveness Analysis Populations
Populations and Low-Income
4.Control Authority Osting htlReand Lo HI. .Emimm out Assessment Populations
5.Interaction With Existing State and Local A.Environmental Impacts K.Congressional Review Act
Mandatory Dental Amalgam Reduction B.Environmental Benefits I.Regulated Entities end Supporting
Programs XIL Non-Water Quality Environmental Information
6.Variances Impacts Associated With the Technology
E.Pollutants of Concaru and Pass-Through Basis of the Rule A.Regulated Entities
Analysis A.Energy Requirements
VD.Technology Costs B.Air Emissions Entities potentially regulated by this
A.Costs for Model Dental Offices C.Solid Waste Generation action include:
North Amencen
Category Example of regulated only Industry Classi-
fication System
(NAICS)Code
Industry .................................................... A general dentist?practice or large dental facility ................................................. 621210
This section is not intended to be EL Legal Authority percent of the dentists subject to this
exhaustive,but rather provides a guide EPA promulgates this regulation rule already have installed amalgam
for readers regarding entities likely to be under the authorities of sections 101 separators.Amalgam separators greatly
,
final
regulated or affected by this rule. reduce the discharge of mercury-
Other types of entities that do out..at 301 304,306,307,308,and 501 of the containing amalgam to POT Ws.
the above criteria could also be CWA,33 U.S.C. 1251,1311,1314,1316, Amalgam separators are a practical,
regulated.To determine whether your 1317,1318,1342 and 1361 and pursuant affordable and readily available
facility would be regulated by this final to the Pollution Prevention Act of 1990, technology for capturing mercury at
rule,you should carefully examine the 42 U.S.C. 13101 at seq. dental offices.The mercury collected by
applicability criteria listed in§441.10 IQ,Executive Summary these separators can be recycled.This
and the definitions in§441.20 of this rule will ensure that mercury discharges
final rule and detailed further in Section The purpose of this final rule is to set to POTWs are effectively controlled at
VI of this preamble.If you still have a uniform national standard that will dental offices that discharge wastewater
questions regarding the applicability of greatly reduce the discharge of mercury- to POTWs.
this final rule to a particular entity, containing dental amalgam to municipal Many studies have been conducted in
consult the person listed for technical sewage treatment plants,known as an attempt to identify the sources of
information in the preceding FOR POTWs,in the United States.Mercury mercury entering POTWs.According to
FURTHER INFORMATION CONTACT section. is a potent neuvotoxin that the 2002 Mercury Source Control and
bioaccumulates in fish and shellfish, Pollution Prevention Program
B.Supporting Information and mercury pollution is widespread Evaluation Final Report(DCN DA00006)
This final rule is supported by a and a global concern that originates prepared by the Association of
number of documents including the from many diverse sources such as air Metropolitan Sewerage Agencies
Technical and Economic Development deposition from municipal and (AMSA),dental offices are the main
Document for the Final Effluent industrial incinerators and combustion source of mercury discharges to POTWs.
Limitations Guidelines and Standards of fossil fuels.Across the U.S.,12 states A study funded by the ADA published
for the Dental Category(TEDD), and at least 18 localities have in 2005 estimated that dental offices
Document No.EPA-821—R—I6-005.The established mandatary programs to contributed 50 percent of mercury
TEDD and additional retards are reduce discharges of mercury to entering POTWs(DCN DA00163).
available in the public record for this POTWs.As a result of these efforts, Mercury is discharged in the farm of
final rule and on EPA's Web site at along with outreach from the ADA to waste dental amalgam when dentists
https.11w .epa.govleg/dental-effluent- promote voluntary actions to reduce remove old amalgam fillings from
guidelines. such discharges,approximately 40 cavities,and from excess amalgam
27156 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
waste when a dentist places a new waste("or scrap"),and the other which those terms and variations aze used in
amalgam filling. prohibits the use of line cleaners that the General Pretreatment Regulations,
While dental offices are not a major may lead to the dissolution of solid unless designated such by the Control
contributor of mercury to the mercury when cleaning chair-side traps Authority.While this rule establishes
environment generally,dental offices and vacuum lines. pretreatment standards that require
are the main source of mercury M addition,the rule minimizes the dental offices to reduce dental amalgam
discharges to POTWs.EPA estimates administrative burden on dental offices discharges,the rule does not require
that across the United States 5.1 tons of subject to the rule,as well as on federal, Control Authorities to implement the
mercury and an additional 5.3 tons of state,and local regulatory authorities traditional suite of oversight
other metals found in waste dental responsible for oversight and requirements in the General
amalgam are collectively discharged enforcement of the new standard. Pretreatment Regulations that become
into POTWs annually.Mercury entering Administrative burden was a concern of applicable upon the promulgation of
POTWs frequently partitions into the many of the commenters on the 2014 categorical pretreatment standards for
sludge,the solid material that remains proposed rule and EPA has greatly an industrial category.This significantly
after wastewater is treated.Mercury reduced that burden through reduces the reporting requirements for
from waste amalgam therefore can make streamlining the administrative dental dischargers that would otherwise
its way into the environment from the requirements in this final rule. apply by instead requiring them to
POTW through the incineration, When EPA establishes categorical demonstrate compliance with the
landfilling,or land application of sludge pretreatment requirements,it triggers performance standard and BMPs
or through surface water discharge. additional oversight and reporting through a one-time compliance report to
Once released into the aquatic requirements in EPA's General their Control Authority.This regulatory
environment,certain bacteria can Pretreatment Regulations.The General approach also eliminates the additional
change mercury into methylmercury,a Pretreatment Regulations specify that oversight requirements for Control
highly toxic form of mercury that Control Authorities(which are often the Authorities that are typically associated
bioaccumulates in fish and shellfish.In state or POTW)are responsible for with SrUs,such as permitting and
the U.S.,consumption offish and administering and enforcing annual inspections of individual dental
shellfish is the main source of pretreatment standards,including offices.It also eliminates additional
methylmercury exposure to humans. receiving and reviewing compliance reporting requirements for the Control
Removing mercury when it is in a reports.While other industries subject Authorities typically associated with
concentrated and easy to manage form to categorical pretreatment standards CIUs,such as identification of CIUs in
in dental amalgam,before it becomes typically consist of tens to hundreds of their annual pretreatment reports.At the
diluted and difficult and costly to facilities,the dental industry consists of same time,the final rule recognizes the
remove,is a common sense step to approximately 130,000 offices. Control Authority's discretionary
prevent mercury from being released Application of the default General authority to treat a dental discharger as
into the environment where it can Pretreatment Regulation oversight and an SIU and/or CIU if,in the Control
become a hazard to humans. reporting requirements to such a large Authority's judgement,it is necessary.
The ADA,which supported removal number of facilities would be much EPA estimated the annual costs
and recycling of mercury from more challenging.Further,dental office associated with this rule.EPA's analysis
wastewater discharged to POTWs in its discharges differ from other industries reflects that many dental offices have
comments on the 2014 proposed rule for which EPA has established already taken steps to reduce dental
(See DCN EPA—HQ—OW-2014-0693— categorical pretreatment standards.Both amalgam discharges by discontinuing
0434),developed best management the volume of wastewater discharged the use of dental amalgam,adopting the
practices(BMPs)to facilitate this goal and the quantity of pollutants in the ADA's voluntary best practices,or by
and shared its recommendations widely discharge on a per facility basis we meeting existing mandatory state or
with the dental community(DCN significantly less than other industries local requirements.On a national basis,
DA00165).The ADA's voluntary for which EPA has established EPA estimates that approximately 40
amalgam waste handling and disposal categorical pretreatment standards. percent of dental offices subject to this
practices include the use of amalgam Accordingly,this final rule exempts final rule already use amalgam
separators to reduce mercury dental offices from the General separators(DCN DA00456).Of the
discharges.In addition,some states and Pretreatment Regulations'oversight and remaining 60 percent of dental offices
localities have implemented mandatory reporting requirements associated with that do not have amalgam separators
programs to reduce dental mercury categorical pretreatment standards, and that are subject to this final rule,
discharges that include the use of reflecting EPA's recognition that the EPA estimates that 20 percent do not
amalgam separators. otherwise-applicable regulatory place or remove dental amalgam(DCN
EPA has concluded that requiring framework for categorical dischargers DA00361).These dentists that do not
dental offices to remove mercury would be unlikely to have a significant place or remove dental amalgam—
through relatively low-cast and readily positive impact on overall compliance which correspond to 12 percent of the
available amalgam separators and BMPs with the rule across the dental industry, dental offices subject to this final rule—
makes sense.Capturing mercury-laden while imposing a substantial burden on will incur little to no costs as a result
waste where it is created prevents it state and local regulating authorities. of the role.EPA estimates the remainder
from being released into the In order to simplify implementation (representing 48 percent of the dental
environment.This final rule controls and compliance for the dental offices offices subject to this final rule)will
mercury discharges to POTWs by and the regulating authorities,the final incur an approximate average annual
establishing a performance standard for rule establishes that dental dischargers cost of$800 per office.The total annual
amalgam process wastewater based on are not Significant Industrial Users cost of this final rule is projected to be
the use of amalgam separator (SIUs)as defined in 40 CFR part 403, $59—$61 million.
technology.The rule also requires and are not Categorical Industrial Users This final rule will produce human
dental dischargers to adopt two BMPs, (CRIB)or"industrial users subject to health and ecological benefits by
one which prohibits the discharge of categorical pretreatment standards"as reducing the estimated annual
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27157
nationwide POTW discharge of dental effluent guideline or new source for direct dischargers;and(2)that the
mercury to surface water from 1,003 performance standard(CWA section treatment capability and performance of
pounds to 11 pounds. Studies show that 402(a)(1)(B)and 40 CFR 125.3).The the POTWs be recognized and taken
decreased point-source discharges of effluent guidelines and new source into account in regulating the discharge
mercury to surface water have resulted performance standards established by of pollutants from indirect dischargers.
in lower methylmercury concentrations regulation for categories of industrial CWA 301(b)(1)(A)(BPT);and
in fish,and that such reductions can dischargers are based on the degree of 301(b)(1)(E).
result in quantifiable economic benefits control that can be achieved using 2,Effluent Limitations Guidelines and
from improved human health and various levels of pollution control Standards
ecological conditions(DCN DA00148), technology,as specified in the Act.
While not quantified,as noted above, EPA promulgates national effluent EPA develops Effluent Guidelines
this rule will also reduce mercury limitations guidelines and standards of Limitations and Standards(ELGs)that
releases to the environment associated performance for major industrial us technology-based regulations for
with the incineration,landfilling,or categories for three classes of pollutants: specific categories of dischargers.EPA
land application of POTW sludges. (1)Conventional pollutants(total bases these regulations on the
Instead,EPA expects all of the collected suspended solids,oil and grease, performance of control and treatment
amalgam will be recycled,rather than biochemical oxygen demand,fecal technologies.The legislative history of
released back into the environment. coliform,and pill as outlined in CWA GWA section 304(b),which is the heart
IV.Background section 304(a)(4)and 40 CFR 401.16: (2) of the effluent guidelines program,
toxic pollutants(e.g.,toxic metals such describes the need to press toward
A.Legal Framework as chromium,lead,mercury,nickel,and higher levels of control through research
1.Clean Water Act zinc)as outlined in section 307(a)of the and development of new processes,
Act,40 CFR 401.15 and 40 CFR part modifications,replacement of obsolete
Congress passed the Federal Water 423,appendix A;and(3)non- plants and processes,and other
Pollution Control Act Amendments of conventional pollutants,which we improvements in technology,taking into
1972,also known as the Clean Water those pollutants that are not categorized account the cost of controls.Congress
Act(CWA),to"restore and maintain the as conventional or toxic(e.g.,ammania- has also stated that EPA need not
chemical,physical,and biological N,formaldehyde,and phosphorus). consider water quality impacts on
integrity of the Nation's waters." (33 The CWA also authodzes EPA to individual water bodies as the
U.S.C. 1251(a)).The CWA establishes a promulgate nationally applicable guidelines are developed;see Statement
comprehensive program for protecting pretreatment standards that restrict of Senator Muskie(October 4,1972),
am nation's waters.Among its core pollutant discharges from facilities that reprinted in U.S.Senate Committee on
provisions,the GWA prohibits the discharge pollutants indirectly,by Public Works,Legislative History of the
discharge of pollutants from a point sending wastewater to POTWs,as Water Pollution Control Act
source to waters of the U.S.except as outlined in sections 307(b), (e)and Amendments of 1972,Serial No. 93-1,
authorized under the CWA.Under 304(g)of the CWA.EPA establishes at 170).
section 402 of the CWA,EPA authorizes national pretreatment standards for There me standards applicable to
discharges by a National Pollutant those pollutants that may pass through, direct dischargers(dischargers to
Discharge Elimination System(NPDES) interfere with,or may otherwise be surface waters)and standards applicable
permit.The CWA establishes a two- incompatible with POTW operations. to indirect dischargers(dischargers to
pronged approach for these permits: CWA sections 307(b)and(c)and 304(g). POTWs).The types of standards
Technology based controls that The legislative history of the 1977 CWA relevant to this rulemaking are
establish the floor of performance for all amendments explains that pretreatment summarized here.
dischargers,and water quality based standards are technology-based and a.Best Available Technology
limits where the technology-based analogous to technology-based effluent Economically Achievable(BAT)
limits are insufficient for the discharge limitations for direct dischargers for the
to meet applicable water quality removal of toxic pollutants.As further BAT represents the second level of
standards.To serve as the basis for the explained in the legislative history,the stringency for controlling direct
technology-based controls,the CWA combination of pretreatment and discharge of toxic and nonconventional
authorizes EPA to establish national treatment by the POTW is intended to pollutants.In general,BAT-based
technology-based effluent limitations achieve the level of treatment that effluent guidelines and new source
guidelines and new source performance would be required if the industrial performance standards represent the
standards for discharges from different source were making a direct discharge. best available economically achievable
categories of point sources,such as Cant Rep.No. 95-830,at 87(1977), performance of facilities in the
industrial,commercial,and public reprinted in U.S.Congress.Senate. industrial subcategory or category.
sources,that discharge directly into Committee on Public Works(1978),A Following the statutory language,EPA
waters of the U.S. Legislative History of the CWA of 1977, considers the technological availability
Direct dischargers(those discharging Serial No.95-14 at 271 (1978).As such, and the economic achievability in
directly to surface waters)must comply in establishing pretreatment standards, determining what level of control
with effluent limitations in NPDES EPA's consideration of pass through for represents BAT.CWA section
permits.Technology-based effluent national technology-based categorical 301(b)(2)(A).Other statutory factors that
limitations in NPDES permits for direct pretreatment standards differs from that EPA considers in assessing BAT are the
dischargers are derived from effluent described in EPA's General Pretreatment cost of achieving BAT effluent
limitations guidelines(CWA sections regulations at 40 CFR part 403.For reductions,the age of equipment and
301 and 304) and new source categorical pretreatment standards, facilities involved,the process
performance standards(CWA section EPA's approach for pass through employed,potential process changes,
306)promulgated by EPA,or based on satisfies two competing objectives set by and non-water quality environmental
best professional judgment where EPA Congress: (1)That standards for indirect impacts,including energy requirements
has not promulgated an applicable dischargers be equivalent to standards and such other factors as the
27158 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
Administrator deems appropriate.CWA e.Best Management Practices(EMPs) requirements. See DCN DA00516 for
section 304(b)(2)(B).The Agency retains Section 304(e)of the CWA authorizes these comments and EPA's responses.
considerable discretion in assigning the the Administrator to publish C.Existing State and Local Program
weight to be accorded these factors. regulations,in addition to effluent Requirements
Weyerhaeuser Co.v. Castle,590 F.2d limitations guidelines and standards for Currently,12 states(Connecticut,
1011, 1045(D.C.Cir. 1978). certain toxic or hazardous pollutants, Louisiana,1 Maine,Massachusetts,
b.Best Available Demonstrated Control "to control plant site runoff,spillage or Micbigan,New Hampshire,New Jersey,
Technology(BADCT)/New Source leaks,sludge or waste disposal,and New Mexico,New York,Rhode Island,
t drainage from raw material storage Performance Standards (NSPS) Vermont and Washington)have
which the Administrator determines are mandatory programs to reduce dental
NSPS reflect effluent reductions that associated with or ancillary to the mercury discharges.Additionally,at
are achievable based on the best industrial manufacturing or treatment least 18 localities(located in California,
available demonstrated control process. . .and may contribute Colorado,Ohio,and Wisconsin)
technology(BADCT).Owners of new significant amounts of such pollutants similarly have mandatory dental
facilities have the opportunity to install to navigable waters."In addition, amalgam reduction pretreatment
the best and most efficient production section 304(g),read in concert with programs.EPA analyzed readily
processes and wastewater treatment section 501(a),authorizes EPA to available information about these
technologies.As a result,NSPS should prescribe as wide a range of programs and found commonalities
represent the most stringent controls pretreatment requirements as the (DCN DA00524).For example,all
Administrator deems appropriate in
attainable through the application of theevrequire the use of amalgam separators
order to control and prevent the and most specify associated operating
BADCT for all pollutants(that is, disch a into navigable waters,either P P g
conventional,norm establishing
and g and maintenance requirements. eq
The
toxic pollutants).In establishing NSPS, directly or through POTWs,any majority of these programs also require
EPA is directed to take into pollutant which interferes with,passes some type of best management
through,or otherwise is incompatible radices,and at least acne-time
consideration the cost of achieving the with such treatment works. (see also practices,
compliance report to the regulating
effluent reduction and any non-water Citizens Coal Council v. U.S.EPA,447 P P g
quality environmental impacts and Fad 879,895-96(6th Ch. 2006) authority.
energy requirements.CWA section (upholding EPA's use of non-numeric D.Roles and Responsibilities Under the
306(b)(1)(11). effluent limitations and standards); National Pretreatment Program
c.Pretreatment Standards for Existing WaterkeeperARiance,Inc.v. U.S.EPA, The National Pretreatment Program
Sources(PSES) 399 F.3d 486,496-97,502(2d Cir. 2005) requires industrial dischargers that
(EPA use of non-numerical effluent discharge to POTWs to comply with
Pretreatment standards apply to limitations in the form of BMPs are pretreatment standards.The General
dischargers of pollutants to POTWs; effluent limitations under the CWA); Pretreatment Regulations in 40 CFR part
Pretreatment Standards for Existing and Natural Res.Def.Council,Inc.v. 403 establish roles and responsibilities
Sources are designed to prevent the EPA,673 F.2d 400,403 (D.C.Cir. 1982) for entities involved in the
discharge of pollutants to POTWs that ("section 502(11) [of the CWA)defines implementation of pretreatment
pass through,interfere with,or me 'effluent limitation'as'any restriction' standards.This section summarizes the
otherwise incompatible with the on the amounts of pollutants roles and responsibilities of Industrial
operation of POTWs,including sludge discharged,not just a numerical Users(IUs),Control Authorities,and
disposal methods of POTWs.Categorical restriction.")) Approval Authorities.For a detailed
pretreatment standards for existing B.Dental Category Effluent Guidelines description,see the preamble for the
sources are technolo based and are proposed rule(79 FR 63279-63280;
gy' Rulemakr'ng History and Summary of October 22,2014).
analogous to BAT effluent limitations Public Comments
guidelines,and thus the Agency Ao IU is a nondamestic source of
typically considers an
the same factors in EPA published the proposed rate on indirect discharge into a POTW, d in
promulgating PSES as it considers in October 22,2014,and took public this rule is the dental discharger.The
promulgating BAT.See Natural comment through February 20,2015. Control Authority may be the POTW,
Resources Defense Council v.EPA, 790 During the public comment period,EPA the stale,or EPA,depending on whether
F.2d 289,292(3rd Cir. 1986). received approximately 200 comments. the POTW or the state is approved by
EPA also held a public hearing on EPA to administer the pretreatment
it.Pretreatment Standards for New November 10,2014.Administrative program.The Control Authority is the
Sources(PSNS) burden was a concern of many of the POTW in cases where the POTW has an
commenters on the 2014 proposed rule, approved pretreatment program.The
Like PSES,PSNS are designed to particularly from regulatory authorities Control Authority is the state,where the
prevent the discharges of pollutants that responsible for oversight and POTW has not been approved to
pass through,interfere with,or are enforcement of the new standard. administer the pretreatment program,
otherwise incompatible with the Commenters also provided additional but the state has been approved.The
operation of POTWs.New indirect information on amalgam separators(e.g., Control Authority is EPA where neither
discharges have the opportunity to costs,models,and design)as well as the POTW nor the state have been
incorporate into their facilities the best information on some other approaches approved to administer the pretreatment
available demonstrated technologies.In to reduce pollutant discharges from program.The Approval Authority is the
establishing pretreatment standards for dentists.Commenters also offered ways
new sources,the Agency typically to improve and/or clarify the proposed '1,00isiane state requirements do not explidd,
considers the same factors in pretreatment standards,including the require dental offices to install amalgam separators;
dental offices must follow Bbffs recommended by
promulgating PSNS as it considers in proposed numerical efficiency and the ADA to 1999.ADA ended amalgam n,sestors
promulgating NSPS(BADCT). operation and maintenance to the list of antra in 2008.
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27159
State(Director)in an NPDES authorized measures to address dental amalgam. B.Dental Amalgam Wastewater Sources
state with an approved pretreatment This final rule contributes to the U.S.'s and Management
program;or the EPA regional efforts to at the measures called for Dental amalgam consists of
administrator in a non-NPDES in the treaty. approximately 49 percent mercury by
authorized state or NPDES state without V.Description of Dental Industry& weight.Mercury is the only metal that
an approved state pretreatment program. Dental Amalgam Wastewater Sources is in its liquid phase at room
Typically,an IU is responsible for g
demonstrating compliance with and Management temperature,and it bonds well with
powdered alloy.This contributes to its
pretreatment standards by performing A.Dental Industry durability in dental amalgam.The other
self-monitoring,submitting reports and am half of dental amalgam is usually
notifications to its Control Authority, The industry category affected by this 6 Y
and maintaining records of activities final rule is Offices of Dentists(NAILS composed of 35 percent silver,9 percent
associated with its discharge to the 621210),which comprises tin,6 percent copper,1 percent zinc and
POTW.The Control Authority is the establishments of health practitioners small amounts of indium and palladium
regulating authority responsible for primarily engaged in the independen mar t (DCN DA00131).
implementing and enforcing practice of general or specialized Sources of dental amalgam discharges
pretreatment standards.The General dentistry,or dental surgery.These generally occur in the course of two
Pretreatment RegulalionS require certain practitioners operate individual or categories of activities.The first
minimum oversight of IUs by Control group practices in their own offices or category of discharges may occur in the
Authorities.The required minimum in the offices of others,such as hospitals course of treating a patient,such as
oversight includes receipt and analysis or health maintenance organization during the placement or removal of a
of reports and notifications submitted medical centers.They can provide filling.When filling a cavity,dentists
by IUs,random sampling and analyzing either comprehensive preventive, overfill the tooth cavity so that the
effluent from Rls,and conducting cosmetic,or emergency care,or filling can be carved to the proper
surveillance activities to identify specialize in a single field of dentistry. shape.The excess amalgam is typically
occasional and continuing non- According to the 2012 Economic rinsed into a cuspidor,or suctioned out
compliance with pretreatment Census,there are 133,221 U.S.dental of the patient's mouth.In addition to
standards.The Control Authority is also offices owned or operated by 125,275 filling new cavities,dentists also
responsible for taking enforcement dental firma?Only 2 percent of all remove old restorations that are worn or
action as necessary.For IUs that are dental firms are multi-unit,the rest are damaged.Removed restorations also
designated as Significant Industrial single-unit.The growth of the number of may be rinsed into a cuspidor or
Users(SIUs),Control Authorities must dental offices remained steady over the suctioned out of the patient's mouth.
inspect and sample the SID effluent past decade with an average increase of Based on information in the record
annually,review the need for a slug 1 percent per year. (DCN DA00456),removed restorations is
control plan,and issue a permit or The industryincludes mostly small the largest contributor of mercury in
equivalent control mechanism.IUs Y dental discharges.
q businesses with as estimated over 99 The second category of dental
subject to categorical pretreatment percent of all offices falling below th
standards are referred to as Categorical P g e
g ry
amalgam discharges occurs in the
Industrial Users(CIUs).The General Small Business Administration(SBA) course of activities not directly involved
size standard($7.5 million in annual with the placement or removal of dental
Pretreatment Regulations define SR7[o revenue).Using Census Bureau data, amalgam Preparation of dental
include respolUs.nsible
The Approval Authority EPA estimates an average revenue for amalam,disposing of excess amalgam,
is responsible for ensuring that POT Ws offices at$787,190 per year with an g P g g
comply with all applicable pretreatment P y and flushing ch vacuum lines with
average of en employees per opportunities
chemicals resent
things,
gam requirements.Among other establishment. P
things,the Approval reports
Authority receives opportunities for dental amalgam to be
annual pretreatment reports from the According y 0 percent
data, discharged.
Control Authority.These reports must approximately s n gent of the dental The use steadily
dental amalgam has
identify which IUs are CIUs. industry engages in general dentistry. decreased steadily since the late 1970s
Approximately 20 percent are specialty as alternative materials such
E.Minamata Convention on Memory dentists such as periodontists, composite resins and glass ionomers
On November 6,2013,the United orthodontists,radiologists,maxillofacial have become more widely available.
States joined the Mourners Convention surgeons,endodontists,or Estimates show that placements of
on Mercury,a new multilateral prosthodomists(DCN DA00460). dental amalgam have decreased on
environmental agreement that addresses Dentistry may also be performed at average by about 2 to 3% per year(74
specific human activities that are larger institutional dental offices PR 38686;August 4,2009).Based on
contributing to widespread mercury (military clinics and dental schools). this information,EPA estimates that
pollution.The agreement identifies Since EPA does not know if these mercury in dental amalgam discharges
dental amalgam as a mercury-added offices are included in the 2012 to POTWs will decrease by about half
product for which certain measures Economic Census data,EPA within the next 25 years.While the use
should be taken. Specifically,the conservatively assumed the largest of dental amalgam continues to decline,
Convention lists nine measures for offices are not present in the data,and EPA estimates that approximately 2 tons
phasing down the use of mercury in so added an estimate of 415 larger of mercury would continue to be
dental amalgam,including promoting institutional dental offices across the discharged to POTWe in 2040.
the use of best environmental practices nation.For the final rule,EPA updated The typical plumbing configuration in
in dental offices to reduce releases of this number based on comments a dental office consists of a chair-side
mercury and mercury compounds to received on the proposed rule. trap for each chair,and a central
water and land.Nations that are parties vacuum pump with a vacuum pump
to the Convention are required to 2 A firm is a business organization,such es a sole filter.Chair-side naps and vacuum
implement at least two of the nine propriecrosmp,pmmmship,m ampore¢nn. pump filters remove approximately 78
27160 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
percent of dental amalgam particles operator to ascertain the operating status ADA posted a directory of amalgam
from the wastewater stream(DCN of the amalgam separator. recyclers on its Web site.See DCN
DA00363).EPA identified three major eased on reported removal DA00468.
technologies that capture dental efficiencies of a range of amalgam For more information about amalgam
amalgam waste,in addition to chair-side separators currently on the market that separators,see the proposed rule(79 FR
traps and vacuum pump filters,before it meet the ISO standard,separators obtain 63265;October 22,2014).
is discharged to the POT W:Separators, a median of 99 percent removal
ion exchange,and wastewater efficiency(see Chapter 7 of the TEDD) 2.Polishing To Remove Dissolved
containment systems.EPA also of total dental solids.When existing Mercury From Wastewater
identified EMPs that have a significant chair-side traps and vacuum pump Mercury from dental amalgam in
impact on dental amalgam discharges. filters are used upstream of the amalgam wastewater is present in both the
1.Amalgam Separators separators,the combined treatment particulate and dissolved farm.The vast
system can achieve total mercury majority(199.6 percent)is particulate
An amalgam separator is a device removal rates exceeding 99 percent (DCN DA00018).An additional process
designed to remove solids from dental (DCN DA00008). sometimes referred to as"polishing"
office wastewater.Amalgam separators Solids collected by the amalgam uses ion exchange to remove dissolved
remove amalgam particles from the separator may be a combination of mercury from wastewater.Dissolved
wastewater through centrifugation, dental amalgam,biological material mercury has a tendency to bind with
sedimentation,filtration,or a from patients,and any other solid other chemicals,resulting in a charged
combination of any of these methods. material sent down the vacuum line. complex.Ion exchange is the process
Practically all amalgam separators on The collected solids must be handled in that separates these charged amalgam
the market today rely on sedimentation accordance with federal,state and local particles from the wastewater.For ion
because of its effectiveness and requirements.EPA regulates the exchange to be most effective,the
operational simplicity. disposal of memury-containing incoming wastewater must first be
The vast majority of amalgam hazardous waste under the Resource treated to remove solids.Then the
separators on the market today have Conservation and Recovery Act(RCRA). wastewater needs to be oxidized
been evaluated for their ability to meet A mercury-containing waste can be (creating a charge on the amalgam
the current American National considered hazardous in two ways:(1) particles)in order for the resin or
Standards Institute's(ANSI)Standard As a listed hazardous waste;or(2)as a mercury capturing material to capture
for Amalgam Separators(ANSI/ADA characteristic hazardous waste.Unused the dissolved mercury.Therefore,ion
Standard No. 108 for Amalgam elemental mercury being discarded exchange will not be effective without
Separators).This standard incorporates would be a listed hazardous waste first being preceded by a solids collector
the International Organization for (waste code U151).Persons who and an oxidation process.The data
Standardization(ISO)Standard for generate hazardous waste,such as a available to EPA indicate that total
Dental Amalgam Separators(http:// waste that exhibits the hazardous additional mercury reductions with the
w ..iso.org/fso/Iso_catalogue/ characteristics for mercury,are subject addition of polishing are typically about
catalogue_te/cati logue_detail.htm to specific requirements for the proper 0.5 percent(DCN DA00164).This is not
?esnumher=42288).a The current ISO management and disposal of that waste. surprising since,as indicated above,
standard for amalgam separators is ISO The federal RCRA regulatory 11143.ISO established a standard for requirements differ depending upon small portion to the total amount dissolved memory contributes such a
mercury in measuring amalgam separator efficiency how much hazardous waste a site wastewater.In addition to
of
by evaluating the retention of amalgam generates per month.Most dental arc as described above,EPA is
solids using specified test procedures in practices generate less than 100 polishing
a laboratory setting. In order to meet the kilograms of non-acute hazardous waste aware that vendors are developing
ISO standard,a separator most achieve per month and less than 1 kilogram of amalgam separators with an improved
95 percent removal or greater of total acute hazardous waste per month. Such resin for removing dissolved mercury.
solids.The ISO standard also includes facilities are therefore classified as For additional discussion on polishing,
certain design requirements and "Very Small Quantity Generators" see proposal(79 FR 63266;October 22,
requirements for instructions for proper (VSQGs).VSQGs are not subject to most 2014).
use and maintenance.For example,for of the RCRA hazardous waste 3.Wastewater Retention Tanks
non-sedimentation amalgam separators, re uirements. Commenters on the ro Deed rule
the ISO 11143 standard requires a Many states have additional P P
warning system such as an auditory or requirements for the handling of identified wastewater retaining tanks as
visual sign to indicate when the mercury,including waste dental a third technology to reduce mercury
separator's efficiency is compromised to amalgam.Chapter 6 of the TEDD discharges from dental offices to
ensure that the operator is aware that provides additional details on the POT Ws.Where currently used,these
the separator is not operating optimally. handling requirements for states that systems collect and retain a114 amalgam
For sedimentation separators,the require dentists to control dental process wastewater.The wastewater
requirement can be met by providing mercury dischargers.To facilitate remains in the wastewater retention
instructions that would allow the compliance with state and local tank until it is pumped out of the tank
requirements,several amalgam and transferred to a privately owned
=ADpa is the coordinator of the its voluntary separator manufacturers offer services wastewater treatment facility.This
e standards syet ou Ao ISO dommrerrt may that facilitate the transport of waste eliminates the discharge of amalgam
be nationally adopted as an ANS as—in—or with racase wastewater and the associated
odifications to its content that reflect technical amalgam to facilities that separate P
deviations to the ISO standard that have been mercury from other metals in dental
agreed upon through a'on
senan'
process.in other amalgam and recycle the mercury, 4oental offices using wastewater retention tanks
words,a consenans of U.S.experts,in ae open and keeping it out of the environment.EPA must®sure that all amatgam process wastewater is
due process based en—orunent,agreed that ISO collected by the wastewater retention tanks.My
11143 with U.S.inndmcaticns is appropriate for recommends that dental dischargers uncollenced amalgam process wastewater that is
adoption as an ANS. take advantage of such services.In 2012, discharged to the POTW is subject to this role.
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27161
pollutants from a dental office to a bases.The final rule does not apply to amalgam separators on the market in the
POTW. wastewater discharges from dental U.S.is 99.3 percent.Moreover,ADA
4.Best Management Practices offices where the practice of dentistry recommends that dentists use the
consists exclusively of one or more of technology on which this rule is based
In addition to technologies,EPA also the following dental specialties:Oral (ISO compliant amalgam separators and
identified best management practices pathology,oral and maxillofacial BMPs).Further,as described in Section
currently used in this industry(and radiology,oral and maxillofacial III,EPA estimates that approximately 40
included in the ADA BMPs)to reduce surgery,orthodontics,periodontics,or percent of dental offices potentially
dental amalgam discharges.In prosthodontics.As described in the subject to this rule currently use
particular,EPA identified two BMP.to TEDD,these specialty practices are not amalgam separators on a voluntary basis
control dental amalgam discharges that expected to engage in the practice of or are in states or localities with laws
would not be captured by an amalgam amalgam restorations or removals,and requiring the use of amalgam separators.
separator and/or polishing unit. are not expected to have any wastewater Many dentists have used amalgam
Oxidizing line cleaners can solubilize discharges containing dental amalgam Ps. separators and BM for at least a
bound mercury.If oxidizing cleaners are The final rule also does not apply to decade.For those dental offices that
used to clean dental unit water lines, wastewater discharges to POTWs from have not yet installed an amalgam
chair side traps,or vacuum lines that mobile units.EPA proposed to apply the separator,EPA estimates this is a low-
lead to an amalgam separator,the line standards to mobile units(typically a cost technology with an approximate
cleaners may solubilize any mercury specialized mobile self-contained van, average annual cost of$800 a per office.
that the separator has captured, trailer,or equipment from which EPA's economic analysis shows that this
resulting in increased mercury dentists provide services at multiple role is economically achievable(see
discharges.One BMP ensures the locations),soliciting comments and data Section IX).Finally,EPA also examined
efficiency of amalgam separators by pertaining to them(79 FR 63261; the incremental non-water-quality
prohibiting use of oxidizing line October 22,2014).However,EPA fs not environmental impacts of the final
cleaners including but not limited to, establishing requirements for mobile pretreatment standards and found them
bleach,chlorine,iodine and peroxide, units at this time because it has to be acceptable.See Section XII.
that have a pH lower than 6 or greater insufficient data to do so.5 P EPA does not EPA did not establish PSES based on
than 8. have,nor did commenters provide,data
Flushing waste amalgam from chair- on the number,size,operation,or technologies that remove dissolved
side traps,screens,vacuum pump financial characteristics of mobile units. mercury such as polishing.EPA is not
filters, dental tools,or collection devices EPA also has minimal information on aware of any state or local regulations
into drains also presents additional wastewater discharges from mobile that require ion exchange or that require
opportunities for mercury to be units,and/or practices employed to removal of dissolved mercury.
discharged from the dental office.The minimize dental amalgam in such Commenters raised operational
second BMP prohibits flushing waste discharges.Therefore,any further concerns with ion exchange citing a
dental amalgam into any drain. evaluation of requirements for mobile pilot study for the department of Navy.
units is not possible at this time,and the EPA also lacks adequate performance
VI.Final Rule final rule requirements do not apply to data to assess the efficacy of polishing
A.Scope and General Applicability mobile units. for nationwide use.While even very
small amounts of mercury have
Consistent with the proposal,dental B.Existing Source(PSES)Option environmental effects,EPA lacks
offices that discharge to POTWs are Selection sufficient data to conclude that there is
within the scope of this final After considering all of the relevant a significant difference in the
pretreatment rule.-EPA solicited factors and dental amalgam performance between traditional
information in the proposal from the management approaches discussed in amalgam separators and polishing.
public on its preliminary finding that, this preamble and TEDD,as well as Moreover,current information suggests
with few exceptions,dental offices do public comments,EPA decided to that polishing is not available for
not discharge wastewater directly to establish PSES based on proper nationwide use because the typical
surface waters.EPA did not receive any operation and maintenance of one or dental office may not have adequate
comments containing data to contradict more ISO 11143 7 compliant amalgam space to install the treatment Gain
this finding.Therefore,EPA is not separators and two BMPs—a prohibition needed for effective polishing and
establishing any requirements for direct on the discharge of waste(or"scrap") because there are few polishing systems
wastewater discharges from dental amalgam to POTWs and a prohibition on the market today in comparison to
offices to surface waters at this time. on the use of line cleaners that are traditional amalgam separators.Lastly,
The final rule applies to wastewater oxidizing or acidic and that have a pH EPA estimates that the capital costs of
discharges to POTWs from offices where higher than 8 or lower than 6.EPA finds the polishing system,as a stand-alone
the practice of dentistry is performed, that the technology basis is"available" system,are approximately four times
including large institutions such as that term is used in the CWA because that of the amalgam separator even
dental schools and clinics;permanent or it is readily available and feasible for all though the costs for chemical use,
temporary offices,home offices,and dental offices subject to this rule.Data regenerating the resin,filter
facilities; r in the record demon an
strate that the replacement, d other operational costs
owned andd operated
di d byy dental offices federal,state,or technology basis is extremely effective were not reported(DIN DA00122).
local governments including military in reducing pollutant discharges in These factors led EPA to find that
Many alternatives use enzymatic or other dental wastewater to POTWs as the polishing is not"available"as that term
processes that do not lead to the dissolmion of median efficacy of ISO compliant is used in the CWA.
mercury when used to clean chayside,traps,and
vacuuman lines.See DM DA00215. 'ISO 11143 Standard as incorporated and This estimate is based on the average annuliz aed s The final rate does not apply to dental updated by ANSI Standard 108(ANSI 108ASO cost for dental offices mat do not currently have an
dischages to septic systems. 11143 Standard). amalgam separator See OCN DA00458.
27162 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
EPA also did not establish PSES based Agency rejected other technology bases will need to replace the amalgam
on wastewater retention tanks.Capital for PSES. separator with one that meets the
costs for wastewater retention tanks are D.Reuirements requirements of the final rule.EPA does
approximately twice that of the . q not want to penalize existing dental
amalgam separator(DCN DA00461). 1.Performance Standard offices or institutional dental offices that
EPA does not have information on the IRA finalized the performance have already installed amalgam
costs incurred by the dental office to standards based on the same technology separators voluntarily or to comply with
send the collected wastewater off-site to identified in the proposed rule, state or local requirements.EPA
a privately owned treatment facility amalgam separators. recognizes that these offices may
(may also be referred to as a centralized EPA proposed a standard that would currently have amalgam separators in
waste treatment facility or CWT). require dental dischargers to remove a place that do not meet the ANSI ADA
Furthermore,wastewater retention tanks specified percentage of total mercury specification or the criteria of the ISO
require space,and EPA determined that from amalgam process wastewater and 11143 2008 standard.EPA did not want
the typical dental office may not have to follow the BMPs.Recognizing the to establish a rule that would require
adequate space to install the tanks.In impracticality of collecting and dental offices with existing separators
addition,EPA is only aware of one analyzing wastewater samples to that still have a remaining useful life to
vendor currently offering this demonstrate compliance with the be retrofitted with new separators,both
technology and service combination standard for this industry,EPA included because of the additional costs incurred
(vendor transfers the collected a provision by which dental offices by dental offices that adopted
wastewater to a privately owned could demonstrate compliance by technology to reduce mercury
treatment facility),and the vendor's certifying they were following the discharges ahead of EPA's requirements
service area is limited to a few states. required BMPs and using an amalgam and because of the additional solid
Therefore,EPA did not find this separator that achieved the specified waste that would be generated by
technology to be available to the percentage when tested for conformance disposal of the existin In g separators.
industry as a whole. with the ISO standard.EPA received addition to installing one or more
comments regarding the proposed
amalgam separators compliant with the
C.New Source(PSNS)Option Selection g g P P requirement.Comm ISO 11143 standard(or its equivalent)
Commenters d and implementing the required BMPs,questioned
After considering all of the relevant the specified percent reduction,an the pretreatment standards specify
factors and technology options raised concerns that the proposed certain operating and maintenance
discussed in this preamble and in the standard could require dental offices to requirements for the amalgam separator.
TEDD,as well as public comments,EPA measure the percent removal being For example,the final rule requires a
decided to establish PSNS based on the achieved by their amalgam separator, documented amalgam separator
same technologies identified above as which was not the Agency's intent.In inspection to ensure the separator is
PSES.As previously noted,under response to these comments,the final performing properly.As explained in
section 307(c)of the CWA,new sources rule specifies a performance standard— Section V,malfunctioning separators or
of pollutants into POTWs must comply BMPs and the use of an amalgam separators that have reached their
with standards that reflect the greatest separwor(s)compliant with the ISO capacity are ineffective.Therefore,in
degree of effluent reduction achievable standard rather than specifying a order to ensure that mercury is not
through application of the best available numerical reduction requirement.The discharged from the facility,it is
demonstrated control technologies. final rule also includes a provision such important that dentists know the
Congress envisioned that new treatment that the performance standard can be operational status of their amalgam
systems could meet tighter controls than met with the use of an amalgam separator(see 40 CFR 441.40(c)).As
existing sources because of the removing technology other than an such,the final rule requires the
opportunity to incorporate the most amalgam separator(equivalent device). separator to be inspected per the
efficient processes and treatment EPA included this provision to manufacturer's instructions.In addition,
systems into the facility design.The incorporate future technologies that as explained in Section V,the ISO
technologies used to control pollutants achieve comparable removals of standard specifies non-sedimentation
at existing offices,amalgam separators pollutants from dental discharges as separators must have a visual or
and BMPs,are fully available to new amalgam separators but that may not fall auditory warning indicator when the
offices.In addition,data from EPA's under the amalgam separator separator is nearly full or operating in
record show that the incremental cost of classification.Because the rule does not by-pass mode.While not required for
an amalgam separator compared to the include a numerical limit,the sedimentation amalgam separators,
cost of opening a new dental office is performance standards also specify some manufacturers of sedimentation
negligible;therefore,EPA determined certain operation and maintenance amalgam separators include visual or
that the final PSNS present no barrier to requirements for the amalgam separator auditory warning indicators.Because
entry(see Section IX below). Similarly, or comparable device to ensure they are warning indicators make it easy to
because EPA projects that the operated optimally. detect when the separator is not
incremental non-water quality The final rule allows dental offices to operating optimally,EPA encourages
environmental impacts associated with continue to operate existing amalgam dental offices to select an amalgam
controls for new sources would not separators for their lifetime or ten years separator with a warning indicator
exceed those for existing sources,EPA (whichever comes first),as long as the when installing a new amalgam
concludes the non-water quality dental discharger complies with the separator.
environmental impacts are acceptable. other rule requirements including the EPA is aware that some amalgam
Therefore,this final rule establishes specified BMPs,operation and separator vendors(in addition to
PSNS that are the same as those for maintenance,reporting,and providing the needed equipment)or
PSES. recordkeeping requirements.Once the service providers offer service contracts
EPA rejected other technologies as the separator needs to be replaced or the to maintain the system.These vendors
basis for PSNS for the same reasons the ten-year period has ended,dental offices also typically provide waste
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27163
management services for the collected office that stocks amalgam capsules circumstances.For dental offices that
solids. Some vendors also provide the clearly intends to place amalgam,and place or remove dental amalgam,the
necessary documentation and reports does not represent the type of limited One-Time Compliance Report must
required by existing state and local circumstance this provision is intended include information on the dental
programs.EPA encourages but does not to address.Commenters largely facility and its operations and a
require dental offices to consider such supported this approach,and most certification that the dental discharger
services,as they may aid compliance commenters suggested EPA define meets the requirements of the applicable
with the rule. limited emergency circumstances.The performance standard.Dentists that
2.Applicability to Dental Offices That frequency recommended by these utilize a third party to maintain their
Do Not Place or Remove Dental commenters ranged from once a quarter separator must report that information
Amalgam to 96 times a year(DIN DA00467). in their One-Time Compliance Report.
EPA is including the limited Dentists that do not utilize a third party
In the final rule,dental dischargers circumstances provision in the final rule to maintain the amalgam separators)
that do not place dental amalgam,and to allow a dental office that does not must provide a description of the
do not remove dental amalgam except in reasonably expect to place or remove practices employed by the office to
limited emergency or unplanned, dental amalgam to provide immediate ensure proper operation and
unanticipated circumstances are exempt treatment,such as where unplanned, maintenance.EPA suggests dental
from any further requirements as long as unanticipated removal of the amalgam offices consider use of signs displayed
they certify such in their One-time is necessary at that facility at that time, prominently in the office or electronic
Compliance Report to their Control in the professional judgment of the calendar alerts to remind staff of dates
Authority.In this way,if,over time,the dentist.EPA's intent is to exclude to perform and document monthly
use of dental amalgam is phased out as dental offices from the rate's inspections,cartridge replacement,etc.
a restorative material,the requirements requirements,other than a one-time If a dental practice changes ownership
of this rule will no longer apply.By report,for unplanned removals.In (which is a change in the responsible
limited circumstances,EPA means, EPA's view,dental offices that remove party,as defined in 40 CFR 403.12(t)),
dental offices that remove amalgam at a amalgam at a frequency more often than the new owner must submit a One-Time
frequency less than five percent of its five percent of its procedures are not Compliance Report that contains the
procedures.As described below,based likely engaging in only limited, required information.
on the record,on average,this percent unplanned removals.EPA estimates that The One-Time Compliance Report
approximates to 9 removals per office on average,a single chair dental office must be signed by(1)a responsible
per year(DCN DA00467). would remove amalgam 183 times per corporate officer if the dental office is a
Dental amalgam traditionally has been year(DCN DA00467).An amalgam corporation;(2)a general partner or
used as a restorative material for cavities removal rate that represents less than proprietor if the dental office is a
because the malleability of newly mixed five percent of this frequency consists of partnership or sole proprietorship;or(3)
amalgam makes it easy to place into approximately nine removals per year, a duly authorized representative of the
cavities and because of its durability on average,respectively.However, responsible corporate officer,or general
over time.While still used in many because EPA does not have,nor did partner or proprietor.This does not
dental offices in the U.S.,some dental commenters provide,data on the preclude a third party from submitting
offices have elected not to use dental frequency of such unplanned and the report on behalf of a dental office as
amalgam and instead use only non- unanticipated instances nationwide,the long as the submission also includes a
mercury based filling materials,such as final rate does not include a specific proper signature as described above.
composite resins and glass ionomer definition of limited circumstances. The final rule does not require
cements(DCN DA00495).As explained Rather,EPA expects a dental office to electronic reporting nor does it prevent
I.Section IV,removed restorations are carefully consider its operation in light electronic reporting.EPA received
the largest contributor of mercury in of the information provided above and several comments requesting that EPA
dental discharges.Some dental offices only certify accordingly to their Control develop an electronic compliance
have also elected at to remove Authority if it meets the situation EPA reporting system as a part of this final
amalgam restorations. described. rule.These commenters generally
EPA recognizes some dental offices advocated for electronic reporting due
only remove dental amalgam extremely 3.Dental Discharger Reporting and On- to the size of the industry and the
infrequently,where there is an Site Paperwork Compliance proposed annual reporting requirement.
unplanned,unanticipated procedure.At Requirements During development of the final role,
the same time,for accepting new Dental dischargers subject to this Is EPA considered several variations of
patients during the normal course of must comply with a one-time reporting requirements for dental dischargers to
business,EPA would expect offices to requirement specified in the final rule report electronically(which would have
inquire as to whether the patient has in lieu of the otherwise applicable necessitated an electronic system).Most
mercury fillings and not accept patients reporting requirements in 40 CFR put commonly,electronic systems are
that have such fillings unless they 403. Submission of reports as specified preferable when reports must be
install a separator or equivalent in this ule satisfies the reporting submitted on a periodic basis.EPA
treatment in accordance with this rale. requirements in 40 CFR parts 403 and ultimately decided not to specify
EPA proposed that dental offices that 441.For dental offices that do not place electronic reporting in the final rule
certify that they do not place or remove or remove dental amalgam except in after it determined the final rule would
amalgam except in limited emergency limited circumstances,dental offices only require a one-time compliance
circumstances would be exempt from must submit a One-Time Compliance report from each affected dental
any further requirements of the rule. Report that includes information on the discharger.
EPA is clarifying in the final rate that facility and a certification statement that Still,EPA recognizes that some
the limited circumstances provision the dental discharger does not place Control Authorities may prefer to
applies to the removal,but not to the dental amalgam and does not remove receive the one-time reports
placement of dental amalgam.A dental amalgam except in limited electronically or to provide affected
27164 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
dental dischargers with the option to raised concerns about additional on Discharge Monitoring Reports from
report electronically.EPA also reporting requirements for the Control POTWs,Annual Biomlids Reports from
recognizes that electronic submittal of Authorities typically associated with POTWs,emissions data from sludge
required reports could increase the CBIs,such as identifying CIUs in their incinerators,and supplemental data
usefulness of the reports,is in keeping annual pretreatment report to the submitted to EPA under the Toxic
with current trends in compliance Approval Authority. Releases Inventory program.EPA may
reporting,and could result in less In response,EPA did not revise the utilize an approach to compliance
burden on the regulated community and General Pretreatment Standards to inspections that focuses on a
the Control Authorities.EPA may create the proposed DIU category and statistically valid sample of the
develop and make available,via its E- associated requirements.Rather,this regulated community.EPA may then
Enterprise portal,an electronic rule establishes for the purposes of part use the inspection findings from such
reporting system that Control 441,that dental dischargers are not SIUs an approach to identify common areas
Authorities could use to facilitate the or CIUs as defined in 40 CFR part 403 of noncompliance,which would inform
receipt of reports from dental unless designated as such by the Control decisions about needed outreach,
dischargers,if they choose to do so.At Authority.This regulatory structure compliance assistance,and training
some future date,EPA could decide to achieves the same goal as the proposed materials.EPA will work with state and
revise this final rule to require revisions to the General Pretreatment local Control Authorities,the ADA and
electronic reporting.If it chose to do so, Standards—simplification of oversight other partners to tailor oversight and
EPA would first propose the revisions requirements—without creating a need outreach to the issues where such
and provide an opportunity for public for updates to state and local laws.By oversight and outreach is most likely to
review and comment. establishing that dental dischargers are achieve compliance across the dental
Finally,the final role requires dental not SIUs or CRIB in the final rule,EPA sector.
offices to document certain operation eliminates the application of specific 5.Interaction With Existing State and
and maintenance requirements and oversight and reporting requirements in Local Mandatary Dental Amalgam
maintain all records of compliance,as 40 CFR part 403 such as permitting and Reduction Programs
described in the regulation,and to make annual inspections of dental dischargers
them available for inspection. for SRIs and CRls unless the Control The final role applies to both dental
4.Control Authority Oversight/ Authority chooses to apply these offices that are subject to existing
Reporting requirements to dental offices.This manreduction atory state or and tocal hose that Bream
means that Control Authorities have programs
EPA proposed to amend selected parts discretion under the final rule to not.Some proposal commenters,many
of the General Pretreatment Regulations determine the appropriate manner of of wham are in states and localities with
(40 CFR part 403)in order to simplify oversight,compliance assistance,and existing programs,questioned the
oversight requirements for the enforcemente Ftirrtber,the final rule application of this rule to dentists
approximately 117,000 dental offices reduced reporting for dental offices(and already subject to state and local
subject to the proposed rule associated oversight requirements by programs noting the duplicative
men Specifically,EPA proposed to ad 40 Control Authorities)in comparison to requirements.While EPA found that
CFR part 403 to create a new reporting requirements for other many of the existing programs
classification of categorical industrial industries subject to categorical contained at least one attribute of this
users specifically tailored to pretreatment standards,as it requires final rule(e.g.separators,reporting,
pretreatment standards for dental only a One-Time Compliance Report be BMPs,operation and maintenance),the
offices,dental industrial user(DIU ). submitted to the Control Authority.The majority did not contain all of the
EPA proposed that as long as a dental One-Time Compliance Report attributes.Generally,the additional
office complied with the requirements requirements specific to dental requirements(and associated costs)of
far DIUs,that it would not be dischargers are included in this rule this final rule are incremental over
considered an SRI.Among other things, rather than in the General Pretreatment existing mandatory state or local dental
this would have reduced the General regulations so that they maybe amalgam reduction requirements.For
Pretreatment Regulation oversight implemented directly.In summary,for example,a dentist located r a state or
requirements for Control Authorities, locality that does not require e one or
this final rule, e Control Authorities
such as the requirement to issue a di both of the BMPs specified in this rule
cantro]mechanism and annual must receive the One-tat dischargers
ha Compliance must implement both BMPs.While the
Reports from dental dischargers and p
inspection and sampling. retain that notification according to the requirements of this rule are
EPA received numerous comments incremental to existing state and local
related to the preposed change, standard records retention protocol regulatory requirements,EPA finds they
particularly from the Control contained in§403.12(0). are necessa to achieve the intended
Where EPA is the Control Authority, rY
Authorities.These commenters largely EPA expects to explore compliance environmental objectives of the rule.
supported the reduced oversight monitoring approaches that support Applying categorical pretreatment
requirements in the proposal,but sector-wide compliance evaluations,to standards to pollutant discharges from
encouraged EPA to reduce them further the extent practicable.States and dental offices irrespective of existing
so that dental offices would never be POTWs that are the Control Authority discharge requirements is consistent
SIUs,primarily due to concerns over the may elect to use the same approach but with the general approach to
associated burden given the large are not required to do sm.One approach pretreatment standards under the CWA
number of dental offices potentially may be periodic review and evaluation in that it establishes uniform
subject to the rule.In addition,Control of nationwide data on releases of dental requirements that form the floor of
Authorities raised concerns that they amalgam metals(e.g.,mercury),relying performance for all dischargers in a
would have to update state and local regulated category.
laws to take advantage of the proposed allothivg stated in den section shall be consausd In addition,requiring all dental
changes to part 403 that would reduce o m to limit EPA•s inspection and enforcement offices to meet the same requirements,
the oversight requirements.They also aumosay. regardless of the applicability of other
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27165
state or local requirements,avoids standards if it is fundamentally different the Centralized Waste Treatment(CWT)
substantial implementation challenges with respect to factors considered in Industry promulgated in December
and potential confusion associated with establishing the standards applicable to 2000,EPA developed and documented
alternative approaches.EPA considered the individual discharger. Such a a methodology,including data editing
several approaches for accommodating modification is known as a criteria,to calculate POTW percent
dentists in states and localities with "fundamentally different factors" (FDF) removals for various toxic pollutants
existing and local requirements.For variance.See 40 CFR 403.13 and the from the data collected in the study.
example,EPA considered exempting preamble to the proposed rule(79 FR EPA provided the opportunity for
dentists subject to equivalent state and 6327"3279,October 22,2014).FDF public comment on the percent removal
local requirements from the scope of variances traditionally have been methodology and the resulting percent
this rule.EPA rejected this approach,in available to industrial users subject to removals in the CWT proposal.EPA
part,due to the complexities and categorical pretreatment standards. similarly used and presented this
potential confusion associated with Whether or not a dental discharger is an methodology and data in subsequent
evaluating and communicating the Still or CID,it is subject to categorical ELG proposals and final rules.Using its
equivalency of state and local pretreatment standards and therefore long-standing approach,for this final
requirements to this rule,particularly as eligible to apply for an FDF variance. rule,EPA determined the median
they may change over time. E.Pollutants of Concern and Pass percent removal by POTWs achieving
The rate establishes clear Through secondary treatment is 90.2 percent for
rough Analysis requirements for all parties and total mercury,and 42.6 percent to 88.3
compliance with the final rule is simple CWA section 301(b) directs EPA to percent for the other pollutants of
and straightforward for dental offices eliminate the discharge of all pollutants concern
and the regulating authorities.It where it is technologically available and As described above,the 50 POTW
requires dental offices to install and economically achievable(after a Study measured pollutant reductions on
operate a separator,to implement two consideration of the factors specified in the basis of total metals.Total metals
BMPs,and to submit a One-time section 304(b)of the Act).The first step include particulate(suspended)and
Compliance Report to the Control in such an analysis is typically to dissolved(soluble)forms of the metal.
Authority.Thereafter,the dental office identify Pollutants of Concern(POCs)— As discussed above,while mercury is
will be required to conduct ongoing or the pollutants potentially regulated in present in dental amalgam in both the
operation and maintenance and the effluent guideline.For this rule,EPA particulate and dissolved form,the vast
maintain associated records.These identifies the primary metals in dental majority(>99.6 percent)is particulate.
activities can be facilitated by third amalgam as pollutants of concern: While EPA does not have information
parties such as dental office suppliers Mercury,silver,tin,copper,and zinc. on the distribution of the other metals,
and amalgam separator manufacturers. Generally,in determining whether EPA reasonably assumes the sours
EPA does not expect the federal pollutants pass through a POTW when distribution for the other metals.
requirements to conflict with existing considering the establishment of Because secondary treatment
state or local mandatory amalgam categorical pretreatment standards,EPA technologies are not designed to remove
reduction requirements.Rather,EPA compares the median percentage of the dissolved metals,EPA assumes
concludes this final rule imposes only pollutant removed by POTWs achieving dissolved metals are not removed by
incremental additional requirements secondary treatment with the median POTWs and that the percent reductions
(e.g.,one-time compliance report)to percentage of the pollutant removed by for POTWs represent particulate
their Control Authority,if any, on facilities meeting BAT effluent reductions.
dental offices already subject to state or limitations.EPA deems a pollutant to To determine the median percent
local amalgam reduction requirements. pass through a POTW when the removal of the pollutants of concern by
For Control Authorities,because EPA percentage removed by POTWs is less amalgam separators,EPA collected
significantly reduced the oversight than the percentage removed by direct information on the efficacy of existing
requirements associated with this rule, dischargers complying with BPT/BAT separators.EPA excluded those
the incremental costs and burden to effluent limitations.In this manner,EPA separators that did not meet the 2008
apply the final rule's requirements to can ensure that the combined treatment ISO standards.At proposal,EPA
dental facilities subject to some existing at indirect discharging facilities and determined the median percent removal
mandatory dental amalgam reduction POTWs is at least equivalent to that of total mercury to be 99.0 percent,
requirements are minimal.The only obtained through treatment by a direct which is the reported removal when
incremental requirement associated discharger,while also considering the testing each of the amalgam separators
with this rule is for the Control treatment capability of the POTW.In the marketed in the U.S.as conforming to
Authority to receive,review,and retain case of this final rulemaking,where EPA the ISO standard(DCN DA00233).
a One-time Compliance Report from is only developing pretreatment Commenters noted that existing data on
dentists subject to this rule. standards,EPA compares the POTW the effectiveness of separators is
removals with removals achieved by measured as a percent reduction in
6.Variances indirect dischargers using the mass,reflecting the dental amalgam
The provision of this rule establishing technology that otherwise satisfies the particulates(rather than total mercury)
that dental dischargers are not SIUs or BAT factors. collected by the device.EPA agrees the
CRIB unless designated as such by the Historically,EPA's primary source of ISO standard evaluates particulates from
Cannot Authority does not change the POTW removal data is its 1982"Fate of dental amalgam rather than total
otherwise applicable variances and Priority Pollutants in Publicly Owned mercury,and has adjusted its
modifications provided by the statute. Treatment Works" (also known as the terminology accordingly.Based on
For example,EPA can develop 50 POTW Study).This well documented updated information in the record,EPA
pretreatment standards different from study presents data on the performance determined the median percent removal
the otherwise applicable requirements of 50 POTWs achieving secondary of particulates by amalgam separators
for an individual existing discharger treatment in removing toxic pollutants. that meet the 2008 ISO standards is 99.3
subject to categorical pretreatment As part of the development of ELGs for percent.As such,because the median
27166 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
percent removal of amalgam separators that even if EPA were to accept these including full consideration of
exceeds the median percent removal of data and analyses as presented by comments,EPA appropriately
well-operated POTWs employing NACWA without further review,it concludes that the median percent
secondary treatment for mercury and would confirm EPA's conclusion that removal of amalgam separators is higher
the other POCs,EPA determines that pass through of POCs occurs because than the median percent removal of
mercury and the other POCs pass this percentage is less than the median POTWs for mercury and the other
through. efficiency of 2008 ISO compliant pollutants of concern.As such,EPA
In addition to comments relating to amalgam separators of 99.3 percent. concludes mercury and the other POCs
dissolved mercury,EPA received other EPA,however,gave full consideration pass through.
comments and data pertaining to the to the NACWA survey and subjected the
P 8 VII.Technology Costs
proposed median percent removal of mercury influent and effluent data from
ISO compliant amalgam separators. the 41 POTWs from that survey to This section summarizes EPA's
Some commenters supported the similar review and data editing criteria approach for estimating incremental
percentage identified in the proposal, as influent and effluent data collected compliance costs to implement changes
noting that certain states require the for the 50 POTW Study.In this way, associated with this rate,while the
same level of performance,or EPA attempted to give the NACWA data TEDD provides detailed information on
identifying separators documented as full and equal consideration as the the methodology.The costing
achieving or exceeding that removal historical data from the 50 POTW methodology for the final rule is the
efficiency. Other commenters Study.EPA created a database of the same as that described in the proposal
questioned EPA's use of the data ran'data in order to conduct its (79 FR 63269;October 22,2014);
collected when laboratories certify analysis.(DCN DA00463).When EPA however,EPA updated some of the
amalgam separators to meet the ISO calculated the median percent removal specific data elements.EPA estimated
standard.More specifically,they of the non-edited raw data as submitted compliance costs using data collected
asserted that the 2008 ISO standard by NACWA,the median plant through EPA's Health Services Industry
requires the removal efficiency of the Performance was 93.8 percent,With a Detailed Study(August 2008)[EPA—
amalgam separator to be at least 95 range of 57.2 percent to 99.1 percent.In 821—R-08-0141,a review of the
percent on a mass fraction basis and as reviewing the data used in that literature,information supplied by
such,the ISO standard is not a validated calculation,EPA identified numerous vendors,and data submitted with
test for aISOstandard
higher efficiencies. data points that would not satisfy the comments on the proposed rule.In
measuring 8 data editing criteria applied in the 50 estimating the total cost of the
These commenters offered no data to POTW Stud
demonstrate that the reported removals Y.including data points regulatory options,EPA estimated costa
representing data rather than for the following components:Capital
in excess of 95 percent were inaccurate, raw data,orderer o of f magnitude outlier costa and other one-time costs;
nor did commenters provide other concentrations,and incorrectly reported installation costs;annual operation and
efficiency data for amalgam separators. units of measure.Other discrepancies maintenance casts;and recordkeeping
As it represents the best data available between data and analyses from the 50 and reporting costs.EPA incorporated
for the final rule,EPA appropriately POTW Study and NACWA survey information received in comments
used the data as reported to estimate the include upward bias of using data from pertaining to specific elements of the
efficacy of amalgam separators for these voluntary respondents,representing cost analysis,resulting in an increase in
proposes.EPA notes that even if non-detect influent concentrations as the initial installation cost and a minor
commenters correctly characterized the zero,,,inclusion of several POTWs increase in the average costs of dental
minimum percent removal efficiency of using BNR(biological nutrient removal) amalgam separators that meet the 2008
amalgam separators meeting the 2008 and other advanced treatment expected ISO standard.In addition,EPA adjusted
ISO standard as 95 percent,this is a to perform better than secondary the reporting and recordkeeping costs to
higher removal rate than the median treatment,overrepresentation of areas reflect the final rule re ufrements.
percent removal by POTWS for all POCS. with existing dental amalgam reduction The cost estimates reflect the
Therefore,While EPA based its analysis programs,and underrepresentation of incremental costs attributed only to this
in the final rule on the percent removals certain geographical areas.Sensitivity final rule.For example,offices required
as reported,under either case,EPA analyses around these data are found in by a state or local program to have an
determines that mercury and the other the record. (DCN DA00464). amalgam separator compliant With the
POCs pass through. Consequently,for all of the reasons 2008 ISO 11143 standard Will not incur
Other commenters stated the 50 identified above,for this final rule,EPA costs to retrofit a separator as a result of
POTW Study data were old,and that finds that data from the 50 POTW Study this rule. Others may certify that they do
current POTW removals are higher than continues to represent the best data not place or remove amalgam. Such
90 percent.Some provided case studies, available to determine the percent offices may still have costs under this
many of which reflected POTWs with removed nationwide by well operated final rule such as those associated with
advanced treatment capabilities rather POTWs employing secondary treatment. the one-time reporting requirement to
than secondary treatment.In particular, Based on the information in its record certify that they do not place or remove
the National Association of Clean Water amalgam.EPA's cost methodology
Agencies(NACWA)submitted data from percent removals rather than average percent assumes dental offices would use the
a nationwide voluntary survey of its "novels. required BMPs in combination with
members ar re din mercury EPA generally handles non-detect values in the 2008 ISO 11143 amalgam separators to
regarding Y reductions rcponed data by replacing them with a value of 1 with the rule.All final cast
at POTWs.Based on its analysis of the one-half of fire comply detection level for the observation PY
data collected in this survey,NACWA that yielded the non-detect.This medus ology is estimates are expressed in terms of 2016
calculated a t nee-year average removal standard procedure for the E1,3 program se well as dollars.
efficiencyof 94 ercentlo EPA notes Clean water act assessent and permuing,t safe EPA used a model office approach to
P recessional
Water Act monitoring,and Resource
C—oia6ou and Recovery Act and Superfund calculate coats of this rule.Under this
ra EPA notes that in conducting its pass through progress;and this approach is consistent with approach,EPA developed a series of
analysia,EPA calculates and compares median previous SEE.. model dental offices that exhibited the
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27167
typical characteristics of the regulated the 15 chairs model specifically to repairs and One-Time Compliance
dental offices,and than calculated costs represent large institutional offices.This Reports for new offices,which are
for each type of model office.EPA then is discussed separately below in Section included in the total of recordkeeping
determined how many of each model VII.B.EPA developed two sets of costs costs.Annual costs also include a cost
office accurately represented the full for each model:One for offices that do offset,reflecting a cost savings as a
universe of affected offices.While this not use an amalgam separator and one result of changes that occur in the
part of the methodology remains for offices that do use an amalgam dental office due to the final rule
unchanged from the proposal,EPA separator. requirements.More specifically,EPA
updated the number of offices in each For those offices that currently do not received data in comments that an
model to reflect current existing state use an amalgam separator,EPA amalgam separator would protect the
and local programs and,in the case of estimated one-time and annual costs. vacuum system filter and impeller blade
very large offices,to reflect new data One-time costs include purchase of the from small particles,resulting in less
obtained in public comments on the separator and installation,and frequent replacement and servicing of
number of clinics and schools subject to preparation of the One-time Compliance these elements when an amalgam
this rule. Report.Annual costs,for those offices separator has been installed.In the final
A.Costs for Model Dental Offices that do use an amalgam separator, rule cost analysis,EPA accordingly
include visual inspection,replacement reduced the overall operation and
EPA used the model approach to of the amalgam-retaining unit(e.g., maintenance costs for those dental
estimate costs for offices that place or cartridge or filter),separator offices that do not already have an
remove amalgam for this final rule.EPA maintenance and repair,recycling amalgam separator.This cost offset
developed compliance casts for seven (preparation and services),and reflects the reduced cost to dental
models,where each model is based on recordkeeping.Recordkccping costs offices of servicing the vacuum system
the number of chairs in an office.The include documentation of inspection, filter and impeller blade.A summary of
ranges for each model are as follows: 1 separator maintenance and repair,and costs for dental offices that do not
to 2 chairs,3 chairs,4 chairs,5 chairs, recycling(preparation and services). currently use amalgam separators may
6 chairs, 7-14 chairs(average of 10 EPA also estimated periodic be found in Tables VII-1 and VII-2,see
chairs),and 15 chairs.EPA developed recordkeeping casts associated with the TEDD for more details.
TABLE VII-1—SUMMARY OF ONE TIME MODEL FACILITY COSTS ($2016) FOR DENTAL OFFICES THAT DO NOT
CURRENTLY USE AMALGAM SEPARATORS
Number of cl alm In the model dental office
Cost element
1 or 3,4,or 5+- 6 ]to 14 15
Separator Purchase $437 $697 $1,058 $1,291 $2,424
Installation 235 2]6 27fi 358 942
One-Time Compliance Report ............................................. 23 23 23 23 23
TABLE VII-2-SUMMARY OF ANNUAL MODEL FACILITY COSTS ($2016) FOR DENTAL OFFICES THAT DO NOT CURRENTLY
USE AMALGAM SEPARATORS
Number of chairs in the model rental once
Cost element
1 or 3,4,or 51n 6 7to 14 15
Replacement Parts .............................................................. $275 $386 $559 $732 $1,078
Separator Maintenance........................................................ 115 115 115 115 115
Maintenance Cost Off-set . —75 —75 —75 —75 —75
Recycling 91 91 91 91 91
Visual Inspection .................................................................. 18 18 18 18 18
Recordkeepin9 ..................................................................... 62 62 62 62 62
For those offices that already have an and repair,recycling(preparation and offices without technology in place.
amalgam separator,EPA calculated services),and recordkeeping.Because Rcordkeeping costs include
casts for certain incremental annual these offices have amalgam separators in documentation of inspection,separator
costs associated with the amalgam place,they are already incurring the maintenance and repair,and recycling
separator required for this rule.Because majority of these costs irrespective of (preparation and services).EPA also
these offices have separators,EPA only this final rule.As such,for those estimated periodic recordkeeping casts
included a one-time cast for a One-Time components(e.g.,replacement of the associated with repairs and One-Time
Compliance Report($23/office).Annual cartridge and operation and Compliance Reports for new offices,
costs for such offices include visual maintenance),EPA calculated their which are included in the total of
inspection,replacement of the amalgam- incremental casts as a portion recordkeeping costs.EPA did not
retaining unit,separator maintenance (percentage)of annual costs for dental include the cost offset in this model,as
"EPA essamed the smember can be sized far 3, evaluates different revenues for each of these steed shose distinct because the economic enalysia
4.or 5 chairs,but has kept these three model office offices. evaluates different revenues for each of these sized
sans distinct because the economic analysis "EPA assumed the sepazater can be sized far 3, offices.
4,an 5 chairs,but has kept these three model office
27168 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
described above.A summary of these annual costs may be found in Table VfI-
3,see the TEDD far more details.
TABLE VII-3—SUMMARY OF ANNUAL MODEL FACILITY COSTS ($2016) FOR DENTAL OFFICES THAT CURRENTLY USE
AMALGAM SEPARATORS
Number of chairs in the model dental office
Cost element
1 or 2 3,4,or 514 6 7 to 14 15
Replacement Parts .............................................................. $138 $193 $280 $366 $539
Separator Maintenance 58 58 58 58 58
Recycling 45 45 45 45 45
Inspection ............................................................................. 18 18 18 18 18
Recordkeeping ..................................................................... 62 62 62 62 62
In assessing the long term costs of rule institutional dental offices,EPA by the total number of dentists
compliance for these model offices developed a costing methodology based performing the procedure.Ir The
(those with and without existing on the methodology for offices technology basis used to estimate the
separators),EPA assumed that amalgam described above.For purposes of casts, compliance costs of this rule includes
separators would have a service life of consistent with the proposal,EPA 20081SO 11143 amalgam separators
10 years,at which time the amalgam assumed the average institutional office available on the market today,and
separators would need to be replaced has 15 chairs.'=As shown in Chapter 9 certain BMPs.The median performance
(DCN DAoD163).Furthermore,the cast of the TEDD,EPA has cost information of these separators is 99.3 percent.EPA
model assumes all dental amalgam for five amalgam separators that have a assumes all offices have chair-side traps
separators installed prior to this rule maximum design ranging from 17-22 or a combination of chair-side traps and
would need to be replaced within 10 chairs.EPA also has costs for a unit that vacuum filters that result in 68 percent
years of the effective date of this rule. can be custom sized for chair sizes of 16 and 78 percent collection of dental
Therefore,for the purposes of estimating or greater.EPA used the information for
compliance costs,EPA assumed that all these six separators to estimate costs for amalgam,respectively(DCN DA00163).
offices subject to this rule would incur institutional facilities.See DCN After accounting for mercury reductions
the cost of installing a new amalgam DA00454.These costs are likely achieved through existing chair-side
separator 10 years after the effective overstated as they do net refect traps and vacuum pump filters,EPA's
date of this rule.However,because opportunities the largest offices may analysis reduces remaining mercury
various modifications needed by the have to share costs 16 and they do not loads to reflect the combination of chair-
office for initial amalgam separator assume any economies of scale.In side traps,vacuum filters,and amalgam
installation would have already been addition,it is possible that the largest separators.Therefore,EPA assumed a
completed,EPA has projected the offices have multiple plumbing lines, post-rule reduction in mercury loads to
installation costs for amalgam separators allowing the installation of dental POTWs based on a 99.8 percent removal
would be one-half of the cost of the amalgam separators(or equivalent rate.This is the same approach and data
original installation.EPA assumed that devices)only for those chairs used for that EPA presented in the proposal(79
all dental offices would continue to placing or removing amalgam.See the FR 623275;October 22,2014).
incur recurring expenses such as O&M proposed preamble and the TEDD for Amalgam is comprised of roughly 49
beyond year 10 in the same way as additional details on the casting percent mercury,35 percent silver,9
described for the initial installation.To methodology for institutional offices.
the extent dental offices either close or percent On,6 percent copper and 1
VE3.Pollutant Loads percent zinc(DCN DA00131).As
certify they not longer remove or place As was the case for casting,EPA does explained earlier in Section VI,EPA
amalgam,the costs are likely overstated. at have office-specific discharge data concludes that the technology basis
EPA projects that there will be no for the approximately 117,000 dental would be equally effective in reducing
incremental costs associated with the offices potentially subject to this rule. discharges of silver,tin,co
required BMPs be o
cause(1)costs for Pcopper,and
Instead,EPA modeled the baseline,pre- zinc as it is in reducing mercury.EPA
non-oxidizing,pH neutral line cleaners rule discharges of mere based on
are roughly equivalent to other line g f a therefore applied the same approach to
nationwide estimates of amalgam estimate reductions of other metals
cleaners;and(2)dental offices will not restorations and removals,and did not �
incur additional costs by changing the found in dental amalgam.In other
calculate the pollutant reductions an a s
words,EPA assumes chair-side traps
location for Bushing waste amalgam. per office basis.Rather,EPA calculated P
P and the combination of chair-side traps
B.Costs for Larger Institutional Dental average mercury loadings by dividing and vacuum filters will result in 68
Offices the total number of annual procedures percent and 78 percent collection of
Institutional dental offices(e.g., +.Ties represside dre number of chairs Chet can these metals,respectively.Remaining
military clinics or dental schools)have be used for the placement and/or..I of amalgam metals are further reduced by
a larger number of chairs than the amalgam at a remember location.UA received an amalgam separator,as discussed
typical dental office.For these comments for instimtlorml facilities indicating they above.
had 7.15,or 25 chmetu EPA selected the m an edi
of these values for purposes of this analysts.
+4 EPA essemed the=plumber can be ahead for 3, ,e For example,multiple offices located in
4,or 5 chairs,but has kept these three model office single building or complex may be able to share zea distinct because the economic analysis plumbing,vacuum system v because this s,and may be able to approach is based on the number
yesesm,different rescue.for each of these sized install a larger separator rather then each office of den5sts,it includes those dentists both at offices
offices. having its own separamr, and institutional offices.
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27169
A.National Estimate of Annual removals of each metal.As explained IX.Economic Impact Analysis
Pollutant Reductions to POTWs above,at baseline and prior to This section summarizes EPA's
Associated With This Rule IF implementation of this rule,EPA assessment of the total annual costs and
1.Mercury estimates 5.1 tons of dental mercury impacts of the final pretreatment
EPA estimates the approximately
particulates are collectively discharged standards on the regulated industry.
annually to POTWs.Based on the 50
55,000 offices that instal]separators POTW Study,EPA estimates POTWs A.Social Cost Estimates
would obtain 99.3 percent removal of
particulate mercury through the use of remove wa percent of dental memory is described earlier a Section VI of
amalgam separators(median removal from the wastewater.Thus, pound this preamble,EPA based the
efficiency of amalgam separators;see collectively discharge malt pounds fa technology standard for the final rule on
m
Chapter 7 of the TEDD).This would mercury from dental amalgam to surface a widely available technology,amalgam
result in reduction of particulate waters annually. Under this final rule, separators,and employment of readily
mercury discharges to POTWs by 99.8 percent of mercury particulates available BMPs.Section VII provides a
approximately 5.1 tons.Amalgam currently discharged annually to detailed explanation of how EPA
separators are not effective in removing POTWs will be removed prior to the estimated compliance costs for model
dissolved mercury.However,dissolved POTW.The POTWs then further remove dental offices.As applicable,EPA
mercury accounts for much less than 1 90.2 percent of the remaining annualized the capital costs over a 20-
percent of the total mercury,so the form particulate mercury from the year period at a discount rate of 7
of mercury removed from discharges to wastewater.This reduces the total percent and 3 percent 20 and summed
POTWs is assumed to consist of amount of dental mercury particulates these costs with the O&M and reporting/
particulate(solids)only. discharged from POTWs nationwide to recordkeeping costs to determine an
surface water to 11 pounds of mercury annual compliancy cost estimate for
2.Other Metals each model facility.See the TEDD for
annually.In other words,discharges of more details.
As explained earlier in Section VI, dental mercury to waters of the U.S. In order to develop a national
EPA concludes that the technology basis from POTWs are expected to be reduced estimate of social costa as based on these
for this final rule would be equally by 992 pounds per yew."Similarly, model offices,EPA estimated the
effective in reducing discharges of EPA's 50 POTW Study data shows 42.6 number of dental offices at resented b
silver, tin,copper,and zinc as it is in P y
reducing mercury.Accordingly,EPA Percent to 88.3 percent of other metals each model office.EPA categorized
estimates a reduction of these metal in the wastewater are removed by dental offices based On the number of
discharges to POTWs of approximately POTWs.As explained above,EPA chairs in each office.2z The 2012
5.3 tons. estimates 5.3 tons of other metals are Economic Census does not provide
also collectively discharged annually information on the distribution of dental
3.Total Reductions from dental offices to POTWs.Thus, offices by the number of chairs in each
EPA estimates this final rule would POTWs collectively discharge office.However,two studies,the ADA
annually reduce particulate mercury approximately 2,178 pounds of other National Study and a Colorado Study,
and other metal particulate discharges dental metals to surface waters estimate distribution of dcntist offices
by a total of 10.3 tons. annually.Following compliance with by number of chairs(DCN DA00141 and
R.National Estimate of Annual this rule,the total amount of other DCN DA00149).EPA used these two
Pollutant Reductions to Surface Waters dental metal discharges from POTWs data sources to correlate the number of
nationwide to surface waters will be chairs per office to the revenue range of
Associated With This Rule approximately 24 pounds or a reduction dental offices.EPA averaged the
In order to evaluate final discharges of of 21153.See Chapter 11 of the TEDD for correlation of these two studies to
mercury(and other metals)to waters of more details. estimate the number of dental offices by
the U.S.by the POTW,EPA used its 5o the number of chairs.The results are
POTW Study to calculate POTW reported in table IX-1:
TABLE IX—I—NUMBER OF DENTAL OFFICES By NUMBER OF CHAIRS
Number of ofirzs by chair size
Number of chairs Colorado
ADA survey survey Average
1-2 chalrs .................................................................................................................................... 16,606 12,976 14,791
3 chairs 57,Ml 33,7W 31,329
4 chairs ........................................................................................................................................ ........................ 38,928 33,924
5 chairs 35,638 19,032 18,425
6 chairs 7,786 12,802
7-chains ...................................................................................................................................... 23,136 20,762 21,949
rs EPA's approach is not dynamic,as it does not e,Costs of the rule,firma the Asudpoim of coat dental services,therefore aio observable chains to
aunt for declining use of dental amalgam.See to society,include compliance osts said arrourat of visits(quantity demanded).Therefore
additlorml discussion in V.B. admhdstranve costs to Control Authorities.Social EPA makes no adjustment to social costs based on
re Dissolved mercury accounts for a portion of was would also incorporate any adjustment based a cheap in recently.
surface water discharges,because amalgam on a quantity demand response to a change in price
separators do not rem d merc remove dissolveury. driven by a price change due to cast pass-theaugh Amalgam sepmatme are typically desigoad
See the TEDD for the reported analyses using to consnmem.For this analysis,EPA is at able to based on the number of chairs.
both a 7 pemmt and 3 pmceut discount rate. demonstrate an observable court,in price for
27170 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
TABLE IX-1—NUMBER OF DENTAL OFFICES By NUMBER OF CHAIRS—Continued
Number of offices by chair size
Number of chairs Coloado
ADA survey survey Average
Total 133,221 133,221 133,221
To estimate nationwide social costs, them costs for a baseline-compliance V.Lastly,EPA estimated costs for
EPA multiplied the estimated total report.EPA then summed the values for Control Authorities to administer the
annualized costs of rule compliance for each chair range over the number of final rule.Details of this cost analysis
each model office by the estimated chair ranges to yield the total estimated can be found in the TEDD. See Table
number of dental offices represented by compliance cost. Similarly,EPA IX-2 for EPA's estimate of total
that model(i.e.with the indicated calculated costs for institutional offices nationwide annualized social costs for
number of chairs and with/without by multiplying the compliance cost for this final rule using a 3 percent discount
existing amalgam separators).In EPA's its model institutional offices(15-chair rate.23
analysis,for dental offices that do not model)by the number of estimated
place or remove amalgam,EPA assigned institutional offices indicated in Section
TABLE IX-2—TOTAL ANNUALIZED SOCIAL COSTS By NUMBER OF CHAIRS
[Millions of 2016 dollars)
Total annualized costs by chair
size
Number of chairs
Colorado ADA survey
survey
1-2 chairs ................................................................................................................................................................ $4.2 $5A
3 chairs .................................................................................................................................................................... 13.6 23.3
4 chairs .................................................................................................................................................................... 15.7 ........................
5 chairs .................................................................................................................................................................... T7 16A
6 chairs .................................................................................................................................................................... 4.0 ........................
7-14 chairs .............................................................................................................................................................. 13.1 14.6
15 chairs .................................................................................................................................................................. 0.3 0.3
Costto Control Authorities ...................................................................................................................................... 0.8 0.8
Total Annualized Social Costs ......................................................................................................................... 59.4 80.8
t These costs reflect estimated costs discounted to the year of promulgation. EPA assumed that initial capital outlays and initial incurrence of
ongoing compliance expenses would occur in the third year following rule promulgation. EPA assumed that the amalgam separator technology
would have a service life of 10 years, and used a 20-year analysis period to allow for one-time replacement of capital equipment 10 years fol-
lowing the initial installation.A 3 percent discount ate was used for the analysis reported in this table; we the TEDD for the analysis reported
with a 7%discount rate.
B.Economic Impact because EPA does not have detailed impact analysis for effluent guidelines
EPA devised a set of tests for data on baseline financial conditions of rulemakings.Using the Economic
analyzing economic achievabili As is dental offices.Also,closure analyses Census,EPA estimated that to be
y g Ty' typically rely on accounting measures approximately 531 offices. Still,because
often EPA's practice,the Agency such as present value of after-tax crib of the uncertainty here,EPA analyzed
conducted a cost-to-revenue analysis to floe,,and such accounting measures are the impacts twice:(1)Excluding dental
examine the relationship between the difficult to implement for businesses offices that could represent baseline
costs of the rule to current(or pre-rule) that are organized as sole closures and(2)including all offices in
dental office revenues as a screeni ng proprietorships or partnerships,as the analysis.For each of the three
analysis.In addition,EPA chose to typically is the case in the dental ana( ses conducted below,EPA used
examine the financial impacts of the industry.EPA considered whether it y
rule using two measures that utilize the should exclude these offices from the the same methodology for the final
data EPA has on dental office baseline analyses,which is described further in ride's impact analysis as described in
assets and estimated replacement EPA's proposal(79 FR 63272;October the proposal because EPA did not
capital costs:(1)Ratio of the Final 22,2014).Because EPA did not receive receive any comments to suggest a
Rule's Capital Costs to Total Dental any comments to the contrary,EPA used different approach for each impact
Office Capital Assets and(2)Ratio of the the same assumptions for this final rule analysis.Lastly,EPA used a 7 percent
Final Rule's Capital Costs to Annual as it did at proposal with regard to low- discount rate for the costs used in these
Dental Office Capital Replacement revenue offices.EPA concluded that three analyses described below.See the
Costs. offices making less than$25,400 were proposed rule for further description of
EPA did not conduct a traditional baseline closures as traditionally the analyses below(79 FR 63272;
closure analysis for this final rule accounted for in cost and economic October 22,2014).
23As a point of clarification,social costs equal the Also,EPA used a 3 percent discount rate for the
sum of compliance carts and edmiwetrative costs. armed as.analysis.
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27171
1.Cast-to-Revenue Analysis EPA estimated the occurrence of analysis,808 offices(0.7 percent of
annualized compliance costs exceeding offices using dental amalgam and
To provide an assessment of the the 1 percent and 3 percent of revenue exceeding the set-aside revenue
impact of the rule on dental offices,EPA thresholds for the final rule twice: (1) threshold)are estimated to incur costs
used a cost-to-revenue analysis as is Excluding dental offices that could exceeding 1 percent of revenue:no
standard practice when looking at represent baseline closures(excluding offices are estimated to incur costs
impacts to.11 businesses under the baseline set-aside offices),and(2) exceeding 3 percent of revenue.With
Regulatory Flexibility Act(RFA)to including all offices in the analysis baseline set-asides included in the
determine if a rule has the potential to (including baseline set-aside offices). analysis,1,217 offices (1 percent of
have a significant impact on a Table IX-3 summarizes the results offices using dental amalgam)are
substantial number of small entities. from this analysis.As shown there, estimated to incur costs exceeding 1
The cost-to-revenue analysis compares under either scenario,over 99 percent of estimated
of revenue; 174 offices 0.1
the total annualized compliance cost of dental offices subject to this rule would percent of offices using dental amalgam)
each regulatory option with the revenue incur annualized compliance costs of P g g )
of the entities. less than 1 percent of revenue.With we estimated to incur costs exceeding 3
baseline set-asides excluded from the percent of revenue.
TABLE IX-3-COST-TO-REVENUE ANALYSIS IMPACT SUMMARY
Total offices Costs>1%revenue Costs >3%revenue
Number of chairs by chair see
Number Percent Number Percent
Excluding Baseline Set-Aside Offices from Analysis
1-2 chalm ............................................................................ 12,914 808 6.3 0 0.0
3 chairs ................................................................................ 27,353 0 0.0 0 0.0
4 chairs 29.619 0 0.0 0 0.0
5 chairs 16,087 0 0.0 0 0.0
6 chairs ................................................................................ 11,177 0 0.0 0 0.0
7-14 chairs .......................................................................... 19,163 0 0.0 0 0.0
Total .............................................................................. 116,313 808 0.7 0 0.0
Including Baseline Set-Aside Offices in Analysis
1-2 chairs ............................................................................ 12,914 1,217 9.4 174 1A
3 chairs 27,353 0 0.0 0 0.0
4 chairs 29,619 0 0.0 0 0.0
5 chairs 16,087 0 0.0 0 0.0
6 chairs ................................................................................ 11,177 0 0.0 0 0.0
7-14 chairs . 19,163 0 0.0 0 0.0
Total 116,313 1,217 1.0 174 0.1
2.Ratio of the Rule's Capital Costs to but could imply a need to change capital assets values are low,with an
Total Dental Office Capital Assets capital planning and budgeting. average value 0.4 percent to 0.7 percent
This ratio examines the initial Table IX-4 reports the findings from for the no technology in-place case and
spending on capital costs of compliance this analysis,specifically the weighted zero percent for the technology in-place
in relation to the baseline value of assets average of the initial spending on the case.With baseline closures included in
on the balance about of dental office proposed ride's capital costs divided by the analysis,the resulting initial capital
businesses.EPA assumes a low ratio total assets of dental office across the costs to total capital assets values are
implies limited impact on dental offices' revenue range/number-of-chairs low,with an average value 0.4 percent
ability to finance the initial spending on analysis combinations.With baseline to 0.7 percent for the no technology in.
capital costs of the final rule.A high set-asides excluded from the analysis, place case and 0 percent for the
ratio may still allow costs to be financed the resulting initial capital costs to total technology in-place case.
TABLE IX-4-INITIAL SPENDING AS PERCENTAGE OF PRE-RULE TOTAL DENTAL OFFICE CAPITAL ASSETS'
Technology in place No technology in place
Number of chairs
Low High Law High
Excluding Baseline Set-Aside Offices from Analysis
1-2 chairs ........................................................................................................ 0.1 0.0 2A 1.2
3 chairs ............................................................................................................ o.0 on 0.9 0.5
4 chairs ............................................................................................................ 0.0 0.0 0.6 0.4
5 chairs ............................................................................................................ 0.0 0.0 0.3 0.2
6 chairs ............................................................................................................ 0.0 0.0 0.3 0.2
7-14 chairs ...................................................................................................... 0.0 0.0 0.2 0.1
27172 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
TABLE IX--4-INITIAL SPENDING AS PERCENTAGE OF PRE-RULE TOTAL DENTAL OFFICE CAPITAL ASSETS'-Continued
Technology in place No technology In place
Number of theirs
Low I High Low F High
Weighted Average ........................................................................................... no 1 0.0 0.7 0.4
Including Baseline Set-Aside Offices in Analysis
1-2 chairs ........................................................................................................ 0A 0.0 3.0 1.5
3 chairs ............................................................................................................ 0.0 0.0 0.9 0.5
4 chairs ............................................................................................................ 0.0 0.0 0.6 0.4
5 chairs ............................................................................................................ 0.0 0.0 0.3 0.2
6 chairs ............................................................................................................ 0.0 0.0 0.3 0.2
7-14 Chaim ...................................................................................................... 0.0 0.0 0.2 0.1
Weighted Average ........................................................................................... 0.0 0.0 0.7 0.4
r EPA used the baseline asset value for the minimum imported as low)and maximum (re orted as high)revenue values by number-of-chairs
category as the denominator for the ratio.Total final rule compliance costs,as described in Section IX above,were assigned to each number-of-
Chaim category as the numerator for the ratio.
3.Comparison of the Rule's Capital TABLE IX-5-INITIAL SPENDING AS achievable,EPA finds the rule would
Costs to Annual Dental Office Capital PERCENTAGE OF ESTIMATED AN- similarly be achievable for large
Replacement Costs NUAL DENTAL OFFICE CAPITAL RE- institutional offices.
EPA also compared the initial PLACEMENT COSTS'I---Continued EPA determined that the final
P pretreatment standard for new sources
spending on capital costs of compliance will not be a barrier to entry.EPA relied
associated with this rule to the Number of chairs Percent on data describing the equipment needs
estimated capital replacement Costs for 8 chairs ......................................... 2.3 and costs for starting a dental practice
a dental office business(e.g.,computer 9 chairs ....._._......_........._......_._. 2.1 as compiled in Safety Net Dental Clinic
systems,chairs,x-ray machines,etc.) Weighted Average ........................ 2.4 Manual,prepared by the National
across all chair sizes.The capital Maternal @ Child Oral Health Resource
re lacement costs represent a value that 'EPA estimated capital replacement costs,
p P accounting for the total value of equipment Center at Georgetown University(see
dental offices may reasonably expect to purchases for different numbers of chairs, and DUN DA00143).Information from the
spend in any year to replace and/or the Composition of purchases by equipment Georgetown Manual demonstrates that
upgrade dental office capital equipment. life category by number-of-chairs as the de- the amalgam separator capital costs
EPA assumes a law ratio implies limited nominator for the ono. EPA assigned total (based on costs for existing model
impact on dental offices'ability final rule compliance costs, as described
g
P tY to above in Section IX, to each number-of-chairs offices as described in Section VII)
finance the initial spending on capital as the numerator for the mfio. comprised 0.2 percent to 0.3 percent of
costs of the final rule.A high ratio may the cost of starting a dental practice as
still allow costs to be financed but could C.Economic Achievabiliry
imply a need to chan a ca iml planning shown t Table LX-6 and,therefore,
P Y g P e g The analyses performed above inform does not pose a barrier to entry.
and budgeting.As expected,the results the potential economic impact of this
for this ratio are higher than the final rule on the dental office sector.In TABLE IX$INITIAL SPENDING AS
previous ratio in the test above,given the cast-to-revenue analysis,EPA found PERCENTAGE OF ESTIMATED DENTAL
that EPA expects replacement costs that no more than 0.1 percent of offices, OFFICE START-UP COSTS
would be smaller than total capital mostly in the lower revenue ranges,
assets.EPA performed this test because would potentially incur casts in excess Number of chairs Percent
this ratio is based on a different data of 3 percent of revenue.The two
source,and so it provides an financial ratios reported in Tables IX-3 1-2 chairs ..................................... 0.3
independent check that abstracts from and IX-4 show that the final rule will 3 Chairs ......................................... 0.3
the limitations of the data used in the not cause dental offices to encounter 4 chairs ......................................... 0.3
test above.The resulting values for the 5 Chairs ......................................... 0.2
final rule range from 2.0 percent to the difficulty in financing initial spending 6 Chairs ......................................... 0.3
ercent,with a wei ted aver a of 2.4 on capital costs of the final rule.Hosed 7 chairs ......................................... 0.3
P on the combined results of the three 8 chairs .._._.................................. 0.3
percent across all chair size ranges. analyses and that EPA had no data since 9 Chairs ......................................... 0.3
proposal to suggest otherwise,EPA Weighted Average ........................ 0.3
TABLE INITIAL SPENDING AS determined that the final rule is
PERCENTTAGEAGS OF ESTIMATED AN- economically achievable.Regarding X.Cost-Effectiveness Analysis
NUAL DENTAL OFFICE CAPITAL RE- large offices,EPA notes that,due to a EPA often uses cost-effectiveness
PLACEMENT COSTS' lack of data,the economic impact analysis in the development and
analyses did not include large revision of ELGs to evaluate the relative
Number of Chaim Percent institutional offices.EPA did not receive efficiency of alternative regulatory
1-2 chairs ........... comments indicating large offices would options in removing toxic pollutants
"............... 2.8 be impacted more or less than other from effluent discharges to our nation's
3 chairs ......................................... 2.3 dental offices subject to this rule.Given waters.Although not required b the
4 chairs ......................................... 2. 1 9 Y
5 Chairs .................... 2.0 the results of the economic analysis CWA,and not a determining factor for
6 chairs ........-................................. 2.3 performed on a range of office sizes establishing PSES or PSNS,cost-
7 chairs ......................................... 2.5 indicating that the rule is economically effectiveness analysis can be a useful
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27173
tool for describing regulatory options toxic weights allows EPA to express the The costs used in the cost-
that address toxic pollutants. removals of different pollutants on a effectiveness analyses are the estimated
EPA defines the cost-effectiveness of constant toxicity basis as toxic-pound- annual pre-tax costs described in
a regulatory option as the incremental equivalents(lb-eq).In the case of Section IS,restated in 1981 dollars as a
annual cost(in 1981 constant dollars to indirect dischargers,the removal also convention to allow comparisons with
facilitate comparison to ELGs for other accounts for the effectiveness of the reported cost effectiveness of other
industrial categories promulgated over treatment at POTWs and reflects the effluent guidelines.Collectively,the
different years)per incremental toxic- toxic-weighted pounds after POTW final PSES requirements have a cost-
weighted pollutant removals for that treatment.The TWFs for the pollutants effectiveness ratio of$19o-$195/lb-
option.For more information about the of concern are shown in Table X-1. equivalent as shown in Table X-2
methodology,data,and results,see below.This cost-effectiveness ratio falls
Chapter 12 of the TEDD.EPA TABLE X-1—TOXIC WEIGHTING FAC- within the range of cost-effectiveness
determines toxic-weighted pollutant TORS FOR POLLUTANTS IN DENTAL ratios for PSES requirements in other
removals for a particular pollutant by AMALGAM industries.A review of approximately
multiplying the number of pounds of a 25 of the most recently promulgated or
pollutant removed by an option by a Mercury110 revised categorical pretreatment
toxic weighting factor(TWF).The toxic 47 standards shows PSES cost-effectiveness
weighting factor for each pollutant Silver..................................... 0 301 ranges from less than$1/lb-equivalent
measures its toxicity relative to Tin ..er .................................. 0.301 (Inorganic Chemicals)to$380/lb-
copper 24 with more toxic pollutants Copper .................................. 0.623 equivalent(Transportation Equipment
having higher toxic weights.The use of Zinc ....................................... 0.047 Cleaning)in 1981 dollars.
TABLE X-2-PSES COST EFFECTIVENESS ANALYSIS
Pre-tax total
Final option annualized Removals Average cost
casts (Ibs-eq) effectiveness
($1981 M)
Colorado Survey .......................................................................................................................... $23.5 123,552 $190
ADA National Survey ................................................................................................................... 24.1 123,552 195
XI.Environmental Assessment the land application,surface disposal, generated annually by POTWs is
A.Environmental Impacts and incineration of sewage sludge disposed of through incineration.
generated by POTWs.Of the 11.2 billion Approximately 2,000 pounds per year of
EPA conducted a literature review dry pounds of sewage sludge generated dental mercury are contained in
concerning potential environmental annually,about 60 percent,or 6.7 incinerated sewage sludge.40 CFR part
impacts associated with mercury in billion pounds,are treated to produce 503,subpart E sets requirements for the
dental amalgam discharged to surface biosolids for beneficial use as a soil incineration of mercury and other toxic
water by POTWs(DCN DA00148).As amendment and applied to about 0.1 metals in sludge.For mercury,subpart
discussed above,studies indicate that percent of agricultural lands in the E provides that incineration of sludge
dental offices are the largest source of United States(DCN DA00257). must meet the requirements of the
mercury entering POTWs.The total Approximately 5,500 pounds per year of National Emissions Standards for
annual baseline discharge of dental dental mercury are contained in land- Mercury in subpart E of 40 CFR part 61.
mercury to POTWs is approximately applied biosolids.
10,239 pounds(5.1 tons):10,198 pounds Approximately 18 percent,or 2 Environmental assessment of impacts
are in the form of solid particles(99.6 billion pounds,of the sewage sludge associated with POTW discharges of
percent)and 41 pounds(0.4 percent)are generated annually by POTWs are dental mercury is complicated by
dissolved in the wastewater(DCN surface disposed in sewage sludge uncertainties about the fate and
DA00018).Through POTW treatment, mono-fills or municipal landfills. transport of mercury in aquatic
approximately 90 percent of dental Approximately 1,700 pounds per year of environments.The elemental form of
mercury is removed from the dental mercury are contained in surface mercury used in dentistry has low water
wastewater and transferred to sewage disposed sewage sludge.Pollutant limits solubility and is not readily absorbed
sludge.The 10 percent of dental and monitoring requirements for surface when ingested by humans,fish,or
mercury not removed by POTW disposed sewage sludge mono-fills are wildlife.However,elemental mercury
treatment is discharged to surface water. set by 40 CFR part 503 and by 40 CFR may be converted into highly toxic
EPA estimates that POTWs annually par[258 for municipal landfills.There methylmercury in aquatic environments
discharge approximately 1,003 pounds may be additional state or local by certain farms of anaerobic sulfate-
of dental mercury nationwide. regulations that are more stringent than reducing bacteria.Methylmercury has
The CWA regulations known as the federal bleaches regulations. high potential to became increasingly
Standards for Use and Disposal of The remaining 22 percent,or 2.5 concentrated up through aquatic food
Sewage Sludge,40 CFR part 503,control billion pounds,of sewage sludge chains as larger fish eat smaller fish.
.When EPA first developed TWFe in 1981,it AWL/Aquatic Life Value(µg/L)♦5a µ cjHuman freshwater aquatic life copper criterion of 9a µg/L
chose the copper freshwater chronic aquatic life Health Value(µg/L).The chronic freshwater remin to the original 1980 copper criterion of 5.6 pg/L by
ritelon of 5.6 gg/L as the benchmark scaling factor life criterion far copper,however,has b—revised dividing 56µ o,by 9.0 µg/L and adding the
for deriving TWF,because copper was a..on three times since it was for published in 198p due quuncnt to 3.6 µg/L divided by Ore copper human
end well-studied toxic chemical in industrial waste to advareve in dre ecientiEc understanding of as f 4444 µg/L,which resoles in a copper
o value l health va
strea ran Cm eequenry,the beat.equation for toxic erects.Thus,when calculating the TWF for healt of ue
deriving the TWF for any chemical is:1M1NF=5.6 copper,EPA normalizes the 1998.bionic
27174 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
Fish commonly eaten by humans may methylmercury(DEN DA00148).The B.Air Emissions
have methylerarcury levels 100,000 final pretreatment standards will
times that of ambient water.The produce human health and ecological Unbound mercury is highly volatile
neurological effects of consumption of benefits by reducing the estimated and can easily evaporate into the
methylmercury-contaminated fish are annual nationwide POTW discharge of atmosphere.An estimated 99.6 percent
well documented.Developmental dental mercury to surface water from of dental mercury discharges are in
effects to fetuses,infants,children,and 1,003 pounds to 11 pounds. solid bound form;i.e.elemental
fish consumption by women of mercury bound to amalgam particles
childbearing age are of special concern. XII.Non-Water Quality Environmental (DIN DA00018).Because the majority of
Neurological effects from predation of Impacts Associated With the dental mercury is bound to solid
methylmercmy-contaminated fish have Technology Basis of the Rule particles,it likely will not volative to
been documented to occur in wild the atmosphere.Therefore,EPA expects
populations offish,birds,and mammals Eliminating or reducing one form of the final PSES and PSNS will not pose
in many areas of the United States(DCN pollution may cause other any increases in air pollution.
DA00202).A plausible link has been environmental problems. Sections
identified between anthropogenic 304(b)and 306 of the Clean Water Act C. Solid Waste Generation
sources of mercury in the United States require EPA to consider non-water the absence of amalgam separators,
and methylmercury in fish.However, quality environmental impacts a n the of the amalgamal rinsed into
fish methylmercury concentrations also (including energy requirements) chair-side drains is collected b into
result from existingbackground associated with effluent limitations Y
concentrations of ercury which may guidelines and standards.To comply side t POTW wheraps.The w the vast inder is discharged
consist of mercury from natural sources with these requirements,EPA ] Y
is
and atmospheric deposition of mercury considered the potential impact of the removed from the wastewater and
in the United States from sources in technology basis on energy becomes part of the POTW sludge that
other countries.Given the current consumption,air pollution,and solid may be land applied,disposed of in
scientific understanding of the waste generation.As shown below,EPA landfills or mono-fills,or incinerated.
environmental fate and transport of anticipates that the rule would produce EPA expect the final rule to increase the
mercury,it is not possible to quantify minimal non-water quality use of amalgam separators nationwide
how much of the methylmercury in fish environmental impacts and as such by one and a half times with a
consumed by the U.S.population is determined they we acceptable. corresponding increase in collection
contributed by U.S. emissions relative to Additional information about the and recycling of used amalgam from the
international mercury sources or natural analysis of these non-water qua]iTy spent separator canisters.EPA expects
mercury sources. impacts is contained in the TEDD. the operation and maintenance
EPA was unable to assess the specific requirements associated with the
environmental impacts of dental A.Energy Requirements amalgam separator compliance option
mercury discharged by POTWs due to Net energy consumption lion considers the included in the final rule will further
insufficient data needed to evaluate rgy P promote recycling as the primary means
several fundamental factors about the Net
electrical requirements of amalgam waste management,because
associated with operating and man amalgam separator manufactures
discharge,fate,and transport of dental maintainingdental amalgam separators Y g P
mercury in aquatic environments, g P and dental office suppliers have begun
including:the degree andgeographic used in combination with HMPs that offering waste handling services that
g ger form the technology basis for the send dental amalgam waste to ally,retorting
extent of dental mercury methyletion in standards.As described in Section V,
aquatic environments,the amount of and recycling facilities.Nationally,EPA
methylated dental mercury that is taken most amalgam separators use expects less dental amalgam will be
sedimentation,either alone or in discharged to POTWs leading to
co su fish and wildlife,the human conjunction with filtration to remove g g
consumption rotes offish contaminated ] reductions in the amount mercury
with methylated dental mercury,and solids in the waste stream.Most discharged to surface waters and land-
the extent and magnitude of naturally- separators rely on gravity or the suction applied,landfilled,or released to the air
occurring mercury in aquatic of the existing vacuum system to during incineration of sludge.Instead,
environments. operate,and do not require an EPA expects that the waste will be
additional electrical power source.As collected in separator canisters and
B.Environmental Benefits noted in Section V,some separators recycled.After the amalgam containing
While EPA did not perform a have warning indicators that require a waste has been recycled,the canisters
quantitative environmental benefits battery or power source.EPA does not are either recycled or landfilled.For
analysis of the final role,due to anticipate this would pose any purposes of assessing the incremental
insufficient data about the aquatic fate considerable energy requirements. solid waste generation,EPA
and transport of dental mercury Moreover,the addition of an amalgam conservatively assumes all of the
discharged by POTWs,EPA was able to separator is likely to reduce energy canisters are landfilled.EPA finds that
assess the qualitative environmental consumption at dental offices that do if each dental office generated an
benefits based on existing information. not currently employ an amalgam average of 2 pounds of spent canisters
For example,EPA identified studies that separator as it will prevent small per year,the total mass of solid waste
show that decreased point-source particles from impeding the vacuum generated would still comprise less than
discharges of mercury to surface water pump impeller.A clean impeller is 0.0001 percent of the 254 million tons
result in lower methylmercury more efficient than a dirty impeller,and of solid waste generated by Americans
concentrations in fish.Moreover, thus will draw less energy(DIN annually(DIN DA00496).Based on this
several studies quantify economic DA00465).Upon consideration of all of evaluation of incremental solid waste
benefits from improved human health these factors,EPA concludes there will generation,EPA concludes there will
and ecological conditions resulting from be no significant energy requirements not be a significant incremental non-
lower fish concentrations of associated with this final rule, water quality impact associated with
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27175
solid waste generation as a result of this B.Paperwork Reduction Act The Agency has determined that
final rule. Tho information collection 116,014 dental offices out of 116,720
XIII.Standards for Reference requirements in this final rule have been dental offices potentially subject to this
submitted for approval to the OMB final into meet the small business
This Is references standards from under the Paperwork Reduction Act,44 definition.EPA's analysis of projected
the American National Standards U.S.C.3501 at seq.The Information impacts on small dental offices is
Institute/American Dental Association Collection Request(ICR)document described in detail in Section IX.EPA
and the International Organization for prepared by EPA has been assigned EPA Projects less than 1 percent of 116,720
Standardization,and in compliance ICR number 2514.02.You can find a affected dental offices would mcm
with the National Technology Transfer copy of the ICR in the docket for this compliance costs exceeding 1 percent of
and Advancement Act(see Section rule,and it is briefly summarized here. revenue and no more than 0.2 percent
wou
XM.They are available either at EPA's The information collection requirements exec d incur compliance casts
Water Docket(see ADDRESSES section are nat enforceable until OMB approves %CeBding 3gment of revenue.
above)for inspection, or on their them. Although this final rule will not have
respective Web sites to everyone at a EPA estimates it would take a totals significant economic impact on a
cast determined by the respective Web annual average of 402,000 hours and substantial number of small entitles,
EPA nonetheless has tried to reduce the
site,generally from$100 to$150.The $7.2 million for affected dental offices to
cost of obtaining these standards is not collect and report the information impact of this final rule on small
a significant financial burden for a required in the final rule.This estimate entities.First,dental offices
this final le will allow
ru
ffices
discharger or environmental laboratory, includes effort for each dental office with existing separators to
satisfy the requirements for a period of
making the standards reasonably associated with completing a one-time
available.The individual standards are compliance re ort.EPA based this up to ca years. Second,EPA
P P reporting
requirements
entf rulla
discussed in greater detail below. estimate on average labor rates from the reporting requirements for all affected
The installation,operation,and Bureau of Labor Statistics for the dental dental offices as compared to the
maintenance of one or more amalgam office personnel involved in collecting reporting requirements for other
separators compliant with either the and reporting the information required. industries with categorical pretreatment
ADA 2009 standard with the 2011 EPA estimates it would take a total standards.
addendum,or the ISO standard when annual average of 34,000 hours and
removing dental amalgam solids from $2.02 million for Control Authorities to D. Unfunded Mandates Reform Act
all amalgam process wastewater: review the information submitted by (UMRA)
• ANSUADA Specification No. dental offices.EPA estimates that there This action does not contain an
P would be no start-up or capital costs unfunded mandate of$100 million or
108:2009,American National Standard/ associated with the information more as described in UMRA,2 U.S.C.
Amerman Dental Association described above.Borden is defined at 5 1531-1538,and does not significantly or
Specification No. 108 Amalgam CFR 1320
Separators. �)' uniquely affect small governments.The
P on agency may not conductor annual coat of the final rule is a is to
n
• ANSI/ADA Specification No. sponsor,and a person is not required to $61 million;thus,this final rule is not
108:2009 Addendum,American respond to,a collection of information subject to the requirements of sections
National Standard/American Dental unless it displays a currently valid OMB 202 or 205 of UMRA.
Association Specification No. 108 control number.The OMB control This final rule is also not subject to
Amalgam Separators,Addendum. numbers for EPA's regulations are listed the requirements of section 203 of
• International Standard ISO in 40 CFR part 9.When ONM approves UMRA,because it contains na
1114 3 2 00 8,Dentistry—Amalgam this ICR,the Agency will announce the regulatory requirements that may
Separators. approval in the Federal Register and significantly or uniquely affect small
publish a technical amendment to 40 governments.EPA has not identified
XIV.Statutory and Executive Order CFR part 9 to display the OMB control any dental offices that are owned by
Reviews number for the approved information small govemments.While this final rule
Additional information about these collection activities in this final rule, impacts government entities required to
statutes and Executive Orders can be C.Regulatory Flexibility Act administer pretreatment standards,
small governments will generally not be
found at https://www.epa.gov/laws- I certify that this action will not have affected.By statute,a small government
regulations/laws-and-executive-orders. a significant economic impact on a jurisdiction is defined as a government
A.Executive Order 12866;Regulatory substantial number of small entities of a city,county,town,school district
Planning and Review and Executive under the BEA.The small entities or special district with a population of
Order 13.563:Improving Regulation and subject to the requirements of this less than 50,000 (5 U.S.0 601).Control
Regulatory Review action are defined as:(I)A small authorities are responsible for oversight
business in the Dental Office sector and administration associated with this
This action is a significant regulatory (NAICS 621210)with annual receipts of final rule.A POTW is required to
action that was submitted to the Office 7.5 million dollars or less(based on become a Control Authority when it(or
of Management and Budget(OMB)for SBA size standards);(2)a small a combination of POTWs operated by
review because it raises novel legal or governmental jurisdiction that is a the same authority)has a design flow of
policy issues.Any changes made in government of a city,county,town, at least 5 million gallons per day and
response to OMB recommendations school district or special district with a receives pollutants from industrial users
have been documented in the docket. population of less than 50,00D;and(3) that would pass through or interfere
The economic analysis is available in a small organization that is any not-for- with the operations and cause a
the docket(DIN DA00458)and is profit enterprise which is independently violation of the POTW's NPDES permit.
briefly summarized in Section IX.The owned and operated and is not The average water use per person is 100
benefits are summarized in Section XI. dominant in its field. gallons per day so a POTW with a
27176 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
population less than 50,000 would EPA determined that any additional Comptroller General of the United
likely have a flow less than 5 MGD. energy usage would be insignificant to States.This action is not a"major rule"
Therefore,EPA does not expect small the total energy usage of Dental Offices as defined by 5 U.S.C.804(2).
government owned POTWs to be and total annual U.S.energy List of Subjects in 40 CFR Part 441
required to become a Control Authority. consumption. Environmental protection,Dental,
EPA is aware that some small POTWs I.National Technology Transfer and Dental office,Dentist,Memory,
so theyhave prove as a Control
Authority.
Advancement Act
so they serve as a Control Authority.To Pretreatment,Waste treatment and
the extent small POTWs with pre- This final rule involves technical disposal,Water pollution control.
existing approved pretreatment standards.The Agency decided to use Dated:June s,2017.
programs receive dental discharges the American National Standards Michael H.Shapiro,
subject to this rule,the would incur Institute(ANSI)American National
I Y Acting Assistant Administrator.
some incremental oversight Standard/American Dental Association
(ADA)Specification 108 far Amalgam ad Therefore, CFR part 441
is
requirements as described in Section VI. amended by adding part 441 to read as
However,EPA expects such cases to be Separators (2 09)with Technical follows:
limited. Addendum( for S or the International
Organization Stan a for Standardization(ISO) PART 441—DENTAL OFFICE POINT
E.Executive Order 13132:Federalism 11143 Standard(2008)or the
This action does not have federalism International Organization for SOURCE CATEGORY
implications.It will not have substantial Standardization(ISO)efficiency Sec.
direct effects on the states,on the standards for amalgam separators(ISO 441.10 Applicability.
relationship between the national 11143)developed in 1999 and updated 441.20 General definitions.
government and the states,or on the in 2008. One approach to meet the 441.30 Pretreatment standards for existing
distribution of power and standards in this rule is to install and 941.40mces(PStment standards For
P 8 new
responsibilities among the various operate an amalgam separators)
compliant with one of these standards sources(PSNS).
levels aF government. P 941.50 Reporting and recordkeeping
or their equivalent.These voluntary requirements.
F.Executive Order With
In ian Tribal standard setting organizations Authority:33 U.S.C.1251,1311,1314,
and rnmeCoordinatlon With Indian Tribal established a standard for measuring 1316,1317,1318,1342,and 1361.42 U.S.C.
Governments amalgam separator efficiency by 13101-
3103.
This final Is does not have tribal evaluating the retention of amalgam
implications,as specified in Executive mercury using specified test procedures 4M1.10 Applicability.
Order 13175.It does not have in a laboratory setting.They also (a)Except as provided in paragraphs
substantial direct effects on Tribal include requirements for instructions (c),(d),and(a) of this section,this part
governments,on the relationship for use and operation and maintenance. applies to dental dischargers.
between the Federal government and f,Executive Order 12898:Federal M Unless otherwise designated by
Indian Tribes,or on the distribution of the Control Authority,dental
power and responsibilities between the Actions To Address Environmental dischargers subject to this part are not
Federal government and Indian Tribes. justice in Minority Populations and Significant Industrial Users as defined
This final rule contains no Federal Low-Income Populations in 40 CFR part 403,and are not
mandates for Tribal governments and EPA determined that this action does "Categorical Industrial Users"or
does not impose any enforceable duties not have disproportionately high and "industrial users subject to categorical
on Tribal governments.Thus,Executive adverse human health or environmental pretreatment standards"as those terms
Order 13175 does not apply to this final effects on minority populations,low- and variations are used in 40 CFR part
rule. income populations,and/or indigenous 403,as a result of applicability of this
peoples,as specified in Executive Order role.
G.Executive Order 13045:Protection of 12898(59 FR 7629,February 16,1994). (c)This part does not apply to dental
Children From Environmental Health While EPA was unable to perform a dischargers that exclusively practice one
and Safetylb'sks detailed environmental justice analysis or more of the following dental
This action is not subject to Executive because it lacks data on the location of specialties:Oral pathology,oral and
Order 13045 because it is not POTWs to which dental discharges maxillofacial radiology,oral and
economically significant as defined in currently occur,this final rule will maxillofacial surgery,orthodontics,
Executive Order 12866,and because increase the level of environmental periodontics,or prostbodontics.
EPA does not project the environmental protection for all affected populations (d)This part does not apply to
health or safety risks addressed by this without having any disproportionately wastewater discharges from a mobile
action present a disproportionate risk to high and adverse human health or unit operated by a dental discharger.
children.This final rule will reduce the environmental effects on any (e)This part does not apply to dental
amount of mercury from dental population,including any minority or dischargers that do not discharge any
amalgam entering POTW's and low-income population.This final rule amalgam process wastewater to a
eventually the nation's waters,which will reduce the amount of mercury from POTW,such as dental dischargers that
will reduce impacts to the neurological dental amalgam entering POTW's and collect all dental amalgam process
development of children. eventually the nation's waters,to benefit wastewater for transfer to a Centralized
H.Executive Order 13211:Energy all of society,including minority Waste Treatment facility as defined in
Effects communities. 40 CFR part 437.
K.Congressional Review Act(CRAJ (f)Dental Dischargers that do not
This action is not a"significant !n' place dental amalgam,and do not
energy action"because it is not likely to This action is subject to the CRA,and remove amalgam except in limited
have a significant adverse effect on the EPA will submit a rule report to each emergency or unplanned,unanticipated
supply,distribution or use of energy. House of the Congress and to the circumstances,and that certify such to
Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations 27177
the Control Authority as required in must be assessed by an accredited device as established by the device
§441.50 are exempt from any further testing laboratory under ANSI's manufacturer's instructions for use.
requirements of this par[ accreditation program for product Jul The removal efficiency must be
§44f.20 General definitions. is
or a testing laboratory that determined using the average
is a signatory to the International performance of three samples.The
For purposes of this part: Laboratory Accreditation Cooperation's removal efficiency must be
(a)Amalgam process wastewater Mutual Recognition Arrangement.The demonstrated using a lest sample of
means any wastewater generated and testing laboratory's scope of dental amalgam that meets the following
discharged by a dental discharger accreditation must include ANSI/ADA particle size distribution specifications:
through the practice of dentistry that 108-2009 or ISO 11143. 80 percent by mass of particles that pass
may contain dental amalgam. (ii)The amalgam sepmator(s)most be through a 3150 µm sieve but which do
@)Amalgam separator means a sized to accommodate the maximum not pass through a 500 µm sieve,10
collection device designed to capture discharge rate of amalgam process percent by mass of particles that pass
and remove dental amalgam from the wastewater. through a 500 µm sieve but which do
amalgam process wastewater of a dental (iii)A dental discharger subject to this not pass through a 100 µm sieve,and 30
facility. part that operates an amalgam separator percent by mass of particles that pass
(c)Control Authority is defined in 40 that was installed at a dental facility through a 100 µm sieve.Each of these
CFR 403.3(f). prior to June 14, 2017,satisfies the three specified particle size
(it)Dental amalgam means an alloy of requirements of paragraphs (a)(1)(i)and distributions most contain a
elemental mercury and other metal(s) (if)of this section until the existing representative distribution of particle
that is used in the practice of dentistry. separator is replaced as described in sizes.
(a)Dental Discharger means a facility paragraph(a)(1)(v)of this section or (iii)The device(s)must be sized to
where the practice of dentistry is until June 14,2017,whichever is accommodate the maximum discharge
performed,including,but not limited to, sooner. rate of amalgam process wastewater.
institutions,permanent or temporary (iv)The amalgam separators)must be (iv)The devices(s)must be
offices,clinics,home offices,and inspected in accordance with the accompanied by the manufacturer's
facilities owned and operated by manufacturer's operating manual to manual providing instructions for use
Federal,state or local governments,that ensure proper operation and including the frequency for inspection
discharges wastewater to a publicly maintenance of the separator(s)and to and collecting container replacement
owned treatment works(POTW). confirm that all amalgam process such that the unit is replaced once it has
(f)Duly Authorized Representative is wastewater is flowing through the reached the maximum filling level at
defined in 40 CFR 403.12(l)(3), amalgam retaining portion of the which the device can perform to the
(g)Existing Sources means a dental amalgam separat.ds). specified efficiency.
discharger that is not a new source. (v)hi the event that an amalgam (v)The deviceW must be inspected in
(h)Mobile unit means a specialized separator is not functioning properly, accordance with the manufacturer's
mobile self-contained van,trailer,or the amalgam separator must be repaired operation manual to ensure proper
equipment used in providing dentistry consistent with manufacturer operation and maintenance,including
services at multiple locations. instructions or replaced with a unit that confirmation that amalgam process
(I)New Sources means a dental meets the requirements of paragraphs wastewater is flowing through the
discharger whose first discharge to a (a)(i)and Jul of this section as soon as amalgam separating portion of the
POTW occurs after July 14,2017. possible,but no later than 10 business clericals).
(j)Publicly Owned Treatment Works days after the malfunction is discovered (vi)In the event that a device is not
is defined in 40 CFR 403.3(q). by the dental discharger,or an agent or functioning properly,it must be
representative of the dental discharger. repaired consistent with manufacturer
§441.30 Pretreatment standards for (vi)The amalgam retaining units must instructions or replaced with a unit that
existing sources(PSES). be replaced in accordance with the meets the requirements of paragraphs
No later than July 14,2020,any manufacturer's schedule as specified in (a)(2)(i)through(iii)of this section as
existing source subject to this part most the manufacturer's operating manual or soon as possible,but no later than 10
achieve the fallowing pretreatment when the amalgam retaining unit has business days after the malfunction is
standards: reached the maximum level,as discovered by the dental discharger,or
(a)Removal of dental amalgam solids specified by the manufacturer in the an agent or representative of the dental
from all amalgam process wastewater by operating manual,at which the discharger.
one of the following methods: amalgam separator can perform to the (vii)The amalgam retaining units)of
(1)Installation,operation,and specified efficiency,whichever comes the device(s)must be replaced as
maintenance of one or mare amalgam first. specified in the manufacturer's
separators that meet the fallowing (2)Installation,operation,and operating manual,or when the
requirements: maintenance of one or more amalgam collecting container has reached the
(1)Compliant with either the removal device(s)other than an maximum filling level,as specified by
American National Standards Institute amalgam separator.The amalgam the manufacturer in the operating
(ANSI)American National Standard/ removal device must meet the following manual,at which the amalgam separator
American Dental Association(ADA) requirements: can perform to the specified efficiency,
Specification 108 for Amalgam lit Removal efficiency of at least 95 whichever comes first.
Separators(2009)with Technical percent of the mass of solids from all (viii)The demonstration of the
Addendum(2011)or the International amalgam process wastewater.The devices)under paragraphs(a)(2)(i)
Organization for Standardization(ISO) removal efficiency must be calculated in through(iii)of this section must be
11143 Standard(2008)or subsequent grams recorded to three decimal places, documented in the One-Time
versions so long as that version requires on a dry weight basis.The removal Compliance Report.
amalgam separators to achieve at least a efficiency must be demonstrated at the (b)Implementation of the following
95%removal efficiency.Compliance maximum water flow rate through the best management practices(BMPs):
27178 Federal Register/Vol. 82, No. 113/Wednesday, June 14, 2017/Rules and Regulations
(1)Waste amalgam including,but not sources,a One-Time Compliance Report (5)Retention period.As long as a
limited to,dental amalgam from chair- must be submitted to the Control Dental Discharger subject to this part is
side traps,screens,vacuum pump Authority no later than 90 days in operation,or until ownership is
filters,dental tools,cuspidors,or following the introduction of transferred,the Dental Discharger or an
collection devices,must not be wastewater into a POTW. agent or representative of the dental
discharged to a POTW. (2)Signature and certification.The discharger must maintain the One-Time
(2)Dental unit water lines,chair-side One-Time Compliance Report must be Compliance Report required at
traps,and vacuum lines that discharge signed and certified by a responsible paragraph(a)of this section and make
amalgam process wastewater to a POTW corporate officer,a general partner or it available for inspection in either
must not be cleaned with oxidizing or proprietor if the dental discharger is a physical or electronic form.
acidic cleaners,including but not partnership or sole proprietorship,or a (b)Dental Dischargers or an agent or
limited to bleach,chlorine,iodine and duly authorized representative in representative of the dental discharger
peroxide that have a pit lower than 6 or accordance with the requirements of 40 ..at maintain and make available for
greater than 8. CFR 403.12(l). inspection in either physical or
(c)All material is available for (3)Contents.fi)The One-Time electronic form,for a minimum of three
inspection at EPA's Water Docket,EPA Compliance Report for dental years:
West, 1301 Constitution Avenue NW., dischargers subject to this part that do (1)Documentation of the date,
Room 3334,Washington,DC 20004, not place or remove dental amalgam as persons)conducting the inspection,
Telephone:202-566-2426,and is described at§441.10(f)must include and results of each inspection of the
available from the sources listed below. the:facility name,physical address, amalgam separator(s)or equivalent
(1)The following standards are mailing address,contact information, device(s),and a summary of follow-up
available from the American Dental name of the operators)and owner(s); actions,if needed.
Association(ADA),211 East Chicago and a certification statement that the (2)Documentation of amalgam
Ave.,Chicago IL 60611-2678, dental discharger does not place dental retaining container or equivalent
Telephone 312-440-2500,htfp:// amalgam and does not remove amalgam container replacement(including the
www.ada.org. except in limited circumstances. date,as applicable).
(I)ANSI7ADA Specification No. (if)The One-Time Compliance Report (3)Documentation of all dates that
108:2009,American National Standard/ for dental dischargers subject to the collected dental amalgam is picked up
American Dental Association standards of this part must include: or shipped for proper disposal in
Specification No. 1D8 Amalgam (A)The facility name,physical accordance with 40 CFR 261.5(g)(3),and
Separators.February 2009. address,mailing address,and contact the name of the permitted or licensed
(fi)ANSI/ADA Specification No. information. treatment,storage or disposal facility
108:2009 Addendum,American (B)Name(s)of the operator(s)and receiving the amalgam retaining
National Standard/American Dental owner(s). containers.
Association Specification No. 108 (C)A description of the operation at (4)Documentation of any repair or
Amalgam Separators,Addendum. the dental facility including:The total replacement of an amalgam separator or
November 2011. number of cbafrs,the total number of equivalent device,including the date,
(2)The following standards are chairs at which dental amalgam may be persons)making the repair or
available from the American National present in the resulting wastewater,and replacement,and a description of the
Standards Institute(ANSI), 25 West a description of any existing amalgam repair or replacement(including make
43rd Street,4th Floor,New York,NY separator(s)or equivalent device(s) and model).
10036,Telephone 212-642-49oo,http:// currently operated to include,at a (5)Dischargers or an agent or
webstors.onsi.org. minimum,the make,model,year of representative of the dental discharger
(1)International Standard ISO installation.
(D)Certification that the amalgam most maintainiand make available fax
1114raton.SecoDentnd
inspection in either physical or
Separators.Second edition,July 1,2008. separators)or equivalent device is
electronic farm the manufacturers
designed and will be operated and
(ii) [Reserved] maintained to meet the requirements operating manual for the current device.
§441.40 Pretreatment standards for new specified in§441.30 or§441.40. IFR ncc.2017-12338 Filed 6-12-17;1]]5 Ml
sources(PSNS). (E)Certification that the dental eauuO CODE eMo-eos
As of July 14, 2017,any new source discharger is implementing BMPs
subject to this part must comply with specified in§441.30(b)or§441.40(b)
the requirements of§441.30(a)and(b) and will continue to do so. FEDERAL COMMUNICATIONS
and the reporting and recordkeeping (F)The name of the third-party COMMISSION
requirements of§441,50, service provider that maintains the
amalgam separator(s)or equivalent 47 CFR Parts 2, 15,80,90,97,and 101
§441.50 Reporting and recordkeeping device(s)operated at the dental office,if
requirements. applicable.Otherwise,a brief JET Docket No.15-99;FCC 17-33]
(a)Dental Dischargers subject to this description of the practices employed WRC-12 Implementation Report and
part must comply with the fallowing by the facility to ensure proper Order
reporting requirements in lieu of the operation and maintenance in
otherwise applicable requirements in 40 accordance with§441.30 or§441.40. AGENCY:Federal Communications
CFR 403.12(b), (d),(e),and(g). (4) Transfer of ownership notification. Commission.
(1)One-Time Compliance Report If a dental discharger transfers ACTION:Final rule.
deadlines.For existing sources,a One- ownership of the facility,the new owner
Time Compliance Report most be must submit a new One-Time suMMARY:In this document,the
submitted to the Control Authority no Compliance Report to the Control Commission implemented allocation
later than October 12,2020,or 90 days Authority no later than 90 days after the changes from the World
after a transfer of ownership.For new transfer. Radiocommunication Conference
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Data To ad.ofDir.
09/11/17
AGENDA REPORT ItemNumber Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: LEGISLATIVE AFFAIRS UPDATE
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
The Orange County Sanitation District's (Sanitation District) legislative affairs program
includes advocating Sanitation District legislative interests, Sanitation District sponsored
legislation (where appropriate), and seeking Federal/State funding for projects.
Staff will provide an update on recent legislative activities.
RELEVANT STANDARDS
• Unified legislative advocacy and public outreach program
• Build brand, trust, and support with policy makers and community leaders
• Maintain collaborative and cooperative relationships with neighboring agencies
• Listen to and seriously consider community input on environmental concerns
PROBLEM
Without a strong advocacy program, elected officials may not be aware that the Sanitation
District is more than a wastewater treatment plant — treating and sending water to the
ocean.
The Sanitation District is an environmentally engaged organization which recycles more
than 50 percent of its wastewater. Additionally, to help meet the goal of 100% recycling,
the Sanitation District uses the byproducts from the wastewater treatment process to
produce biosolids and energy used to help run the two plants in Fountain Valley and
Huntington Beach.
PROPOSED SOLUTION
Work with Local, State, and Federal officials to advocate the Sanitation District's
legislative interests. Help to create/monitor legislation and grants that would benefit the
Sanitation District, the wastewater industry, and the community as a whole. To assist in
Page 1 of 2
our relationship building activities, we will continue to reach out to our elected officials
providing facility tours, one-on-one meetings, and trips to D.C. and Sacramento.
RAMIFICATIONS OF NOT TAKING ACTION
If we do not work with Local, State, and Federal elected officials, legislation could be
passed that negatively affects the Sanitation District and the wastewater industry as a
whole. Additionally, this could affect our chances of receiving grant funding.
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.coml with the complete agenda package:
• Federal Update & Legislative Matrix - ENS Resources
• State Update & Legislative Matrix - Townsend Public Affairs
• Grant Matrix
Page 2 of 2
LL �V
RESOURCES
MEMORANDUM
TO: Rebecca Long
FROM: Eric Sapirstein
DATE: August 28, 2017
SUBJECT: Washington Update
Both Congress and the Administration went into the August break leaving a host of
must-do items for the return to work after Labor Day. Just forty-five legislative days
will remain until Congress is scheduled to adjourn for the year in December. Among
the many matters that must be acted upon are: 1) budgets, 2) Flood insurance, 3)
debt limit increase,and 4) agency officials' confirmations. The following
summarizes these matters and other issues of interest to OCSD.
OCSD Letters on NPDES Permit Terms Brings Results
Because of OCSD's proactive stance on the need to revise clean water permit terms
from five to ten years,the House Committee on Transportation and Infrastructure
has scheduled a hearing to examine the issue in addition to clean water funding
needs. OCSD's communications to its congressional delegation on the importance of
updating permit terms means that the permit term issue is now being seriously
considered for incorporation into water legislation pending before the committee.
11Page
Fiscal Year 201E Budget
As has been the situation over the past several years,Congress and the
Administration continue to work toward finalizing a fiscal year budget for the
federal government before the new fiscal year begins on October 1. At this point, it
seems increasingly likely that finalizing spending for USEPA and other
environment/natural resources agencies will require additional time to reach a
consensus budget. The House is expected to vote on passage of its USEPA budget in
September,and refer it to the Senate. The Senate's consideration of the agency's
budget remains up in the air. This is the case because the Committee on
Appropriations has yet to approve a spending bill. Nonetheless,we expect that any
final spending agreement for USEPA will maintain spending for the clean water
State Revolving Loan Fund at or near$1.3 billion. Additionally,we anticipate that
the WIFIA program will receive an incremental increase to$30 million,allowing for
up to $2 billion in new water infrastructure assistance to be made available in FY
2018. Even with this outlook,we expect,barring a shut-down,that a short-term
stopgap spending bill will be required while Congress and the White House
negotiate a final agreement.
The other key water infrastructure program,water recycling,is likely to be fully
funded with approximately$40-50 million in support of water recycling project
assistance,including projects authorized through the WIIN law.
Infrastructure Policymaking
Congressional and Administration efforts to move infrastructure policy through
Congress has been stymied by the ongoing budget and tax debate. Infrastructure
committee leadership in both chambers have indicated that the absence of a
detailed proposal from the Administration on how to proceed in developing a new
national policy and funding program. This means it will be increasingly likely that
proposals from Congress will be unveiled later this fall to jump start the effort that
is expected to continue into next year when formal decisions on a policy are
anticipated. As of this writing,it appears that the House and Senate infrastructure
committees will maintain a commitment to support existing core infrastructure
programs. At the same time,these committees seem to be open to providing limited
support to demonstrate the effectiveness of public private partnerships. One area of
importance to OCSD involves the availability of clean water SRF assistance to both
public and private water quality agencies. Currently,only public agencies are
authorized to receive clean water SRF assistance.
Water Recycling Project Assistance and OCSD
OCSD's decision to conduct a feasibility study to review the value and efficiency of
utilizing the remaining wastewater supply to enhance GWRS resulted in an
important decision by U.S. Bureau of Reclamation (USBR). USBR advised Congress
that OCSD's project is eligible to receive federal assistance under the WIIN
21Page
assistance program. As a result, OCSD was invited to submit a proposal for federal
assistance and a proposal was submitted to USBR. While the total funding available
is limited in this first year of program funding,the decision to approve the OCSD
project means that in successive years, OCSD can pursue federal assistance.
Program and Regulatory Reform
While congressional activity surrounding regulatory reform has slowed with the
completion of legislation to overturn a number of rules,the next month should see
significant action from the Administration. Specifically,each federal agency is slated
to submit its review to the Department of Commerce and Office of Management and
Budget on how to reorganize programs. This includes the value of program
terminations,transfer of programs to other agencies and combining existing
programs within an agency to deliver operating efficiencies. The reports are a
follow-up to a Presidential Executive Order and the recommendations are expected
to shape the development of the fiscal year 2019 budget request that will be
submitted to Congress in February. This would,in turn,allow the Administration to
implement a massive reorganization if approved by congressional spending
committees.
On the regulatory reform front, federal departments and agencies are in the process
of receiving directives from the Office of Management and Budget on the scope of
rulemakings each organization can initiate. In addition, this rulemaking effort will
hinge on compliance with an Administration mandate that any new major rule must
be accompanied by the elimination of two existing rules. This new standard is
expected to trigger litigation from organizations opposed to rule rollbacks and it is
unclear precisely how timely this new rulemaking process will be implemented.
Finally,the all-important rulemaking to establish a new clean water rule (WOTUS) is
moving forward. In the past month, USEPA noticed its intent to accept public
comments on a proposed rule defining which waters are subject to regulation under
the Clean Water Act. Once the draft proposal is released, OCSD will need to review
the proposal and,if appropriate, submit comments.
31Page
OCSD
Federal
Bills of Interest
Proposed Federal Legislation 2017-2018
H.R.1071 Paul Tonko (D-NY) Assistance, Quality, and Affordability Act of 2017 Amends the Safe Introduced 2/13/17 Referred to the House Committee on Energy and Watch No supporters of
Drinking Water Act to increase assistance for States, water systems, and Commerce 2/15/17 note for OCSD
disadvantaged communities; to encourage good financial and
environmental management of water systems; to strengthen the
Environmental Protection Agency's ability to enforce the requirements of
the Act; and for other purposes.
H.R. 465 Bob Gibbs (R-OH) Water Quality Improvement Act Amends the Clean Water Act to Introduced 1/12/2017 Referred to House Committee on Transportation Watch NACWA
allow for integreated plan permits for CSO's and related wet weather & Infrastructure Mark-up likely in July Supports/Could
compliance needs in association with traditional discharge become vehicle for
mandates to allow for priority setting permit term
extensions to ten
years from five years
H.R.1068 Frank Pallone (D-NJ) Safe Drinking Water Act Amendments of 2017 To enable needed Introduced in House 2/15/17, Referred to Subcommittee on Watch No supporters of
drinking water standards, reduce lead in drinking water, plan for and Environment 2/17/17 note for OCSD
address threats from climate change, terrorism, and source water
contamination, invest in drinking water infrastructure, increase compliance
with drinking water standards, foster greater community right to know
about drinking water quality, and promote technological solutions for
drinking water challenges.
H.R. 1663 Robert Wittman (R-VA) Water Resources Research Amendments Act Amends the Water Introduced 3/21/17 Referred to Committee on Natural Resources- Watch No supporters of
Resources Research Act of 1984 to reauthorize grants for and require 3/21/17 note for OCSD
applied water supply research regarding the water resources research and
technology institutes established under that Act.
H.R. 1579 Scott H. Peters (D-CA) Secure and Resilient Water Systems Act To require drinking water Introduced in House 3/16/17, referred to Committee on Energy and Watch No supporters of
systems to assess and address their vulnerabilities to climate change, Commerce note for OCSD
source water degradation, and intentional acts to ensure secuity and
resiliency.
H.R. 1647 Earl Blumenauer(D- Water Infrastructure Trust Fund Act of 2017 To establish a Water Introduced 3/21/2017 Referred to Subcommittee on Water Resources Watch No supporters of
OR) Infrastructure Trust Fund, and for other purposes and Environment note for OCSD
H.R. 434 Jeff Denham (R-CA) New WATER Act Authorizes the Department of the Interior, for 15 years Introduced 1/11/17 Referred to Subcommittee on Water, Power, and Watch No supporters of
after this bill's enactment, to provide financial assistance, such as secured Oceans -217/17 note for OCSD
loans or loan guarantees, to entities that contract under federal
reclamation law to carry out water projects within the 17 western states
served by the Bureau of Reclamation, other states where the Bureau is
authorized to provide project assistance, Alaska, and Hawaii.
H.R. 448 Jared Huffman (D-CA) Water Conservation Rebate Tax Parity Act amends the Internal Introduced 1/11/2017 Referred to Committee on Ways and Means - Support ACWA and CASA
Revenue Code to expand the tax exclusion for energy conservation 1/11/17 Support
subsidies provided by public utilities to exclude from gross income
subsidies provided: (1) by a public utility to a customer, or by a state or
local government to a resident of such state or locality, for the purchase or
installation of any water conservation or efficiency measure; and (2) by a
storm water management provider to a customer, or by a state or local
government to a resident of such state or locality, for the purchase or
installation of any storm water management measure.
S. 692 Deb Fischer (R-NE) Water infrastructure Flexibility Act provides for integrated plan permits, Introduced 3/21/17 Referred to Committee on Environment and Public Support NACWA Supports
to establish an Office of the Municipal Ombudsman, to promote green Works, Order to be Reported with an amendment-4/05/2017
infrastructure, and to require the revision of financial capability guidance.
OCSD
Federal
Bills of Interest
H.R. 1654 Tom McClintock (R- Water Supply Permitting Coordination Act To authorize the Secretary Introduced 3/21/17 Referred to Committee on Natural Resources, Watch No supporters of
CA) of the Interior to coordinate Federal and permitting processes related to Ordered to be Reported (Amended) -4/27/2017 note for OCSD
the construction of new surface water storage projects on lands under the
jurisdiction of the Secretary of the Interior and the Secretary of Agriculture
and to designate the Bureau of Reclamation as the lead agency for permit
processing, and for other purposes.
H.R.998 Jason Smith (R-MO) SCRUB Act SCRUB would institutionalize a process to identify those Passed House 3/1/17 240-185, Received in Senate - referred to Support No supporters of
regulations that are eligible to be repealed. Under the measure, a Committee on Homeland Security and Governmental Affairs note for OCSD
bipartisan review commission would examine rules fifteen years or older
that are determined to be not necessary and should be repealed
immediately, or given to the appropriate agency for the purposes of
prioritizing the rule for repeal.
H.R. 1653 Robert E. Latta (R-OH) Drinking Water Affordability Act amends certain provisions of the Safe Introduced 3/21/2017 Referred to Subcommittee on Environment Watch No supporters of
Drinking Water Act, and for other purposes. note for OCSD
H.R. 1269 Doug LaMalfa (R-CA) Sacramento Valley Water Storage and Restoration Act directs the Introduced 3/10/2017 Referred to Subcommittee on Water, Power and Watch No supporters of
Secretary of the Interior to take actions to support non-Federal Oceans 3/10/2017 note for OCSD
investments in water infrastructure improvements in the Sacramento
Valley, and for other purposes
H.R. 1807 Louie Gohmert (R-TX) Public Water Supply Invasive Species Compliance Act of 2017 Introduced 3/30/2017 Ordered to be Reported (Amended)4/27/2017 Watch No supporters of
amends the Lacey Act and the Lacey Act Amendments of 1981 by note for OCSD
exempting certain water transfers between public water supplies located
on, along, or across the boundaries of Texas, Arkansas, and Louisiana
from prohibitions on illegal trade of plants and wildlife. Specifically, the
prohibitions do not apply to covered water transfers containing a prohibited
species if: (1)the species are present in both public water supplies before
the transfer and the water is transferred directly between them; or(2)the
water is transferred in a closed conveyance system (a closed system that
collects, contains, and transports the flow of water, such as pipe systems)
and sent directly to treatment facilities where the species will be
destroyed.
H.R. 1579 Scott H. Peters (D-CA) Secure and Resilient Water Systems Act requires drinking water Introduced 3/16/2017 Referred to Subcommittee on Environment Watch No supporters of
systems to assess and address their vulnerabilities to climate change, note for OCSD
source water degradation, red intentional acts to ensure security and
resiliency.
H.R. 1769 David G. Valadao (R- San Luis Unit Drainage Resolution Act to affirm an agreement between Introduced 3/28/2017 Orded to be Reported (Amended)4/27/2017 Watch No supporters of
CA) the United States and Westlands Water District dated September 15, note for OCSD
2015, and for other purposes.
S. 896 Richard Burr (R-NC) A bill to permanently reauthorize the Land and Water Conservation Introduced and referred to Committee on Energy and Natural Watch No supporters of
Fund Resources 4/07/2017 note for OCSD
H.R. 1971 Lloyd Smucker(R-PA) Water Infrastructure Flexibility Act to provide for integrated plan Introduced and referred to Subcommittee on Water Resources and Support NACWA Supports
permits, to establish an Office of the Municipal Ombudsman, to promote Environment-4/07/2017
green infrastructure, and to require the revision of financial capability
guidance.
S. 880 Tammy Baldwin (D-WI) Made In America Water Infrastructure Act to ensure the use of Introduced and referred to the Committee on Environment and Public Watch No supporters of
American iron and steel in public waters stems, and for other purposes Works 4/07/2017 note for OCSD
H.R. 2001 Grace Napolitano (D- FRESHER ACT of 2017 Amends the Federal Water Pollution Control Act Introduced 4/06/2017 Referred to Subcommittee on Water Resources Watch No supporters of
CA) and direct the Secretary of the Interior to conduct a study with respect to and Environment 4/07/2017 note for OCSD
stormwater runoff from oil and gas operations, and for other purposes.
H.R. 2116 Stephen Knight (R-CA) Perchlorate Reclamation and Water Replenishment Act amends the Introduced 4/25/2017 Referred to Committee on Natural Resources Watch NACWA Supports
Reclamation Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate in a series of water
reclamation projects to provide a new water supply to communities
previously impacted by perchlorate contamination plumes.
OCSD
Federal
Bills of Interest
H.R. 1647 Earl Blumenauer(D- Water Infrastructure Trust Fund Act of 2017 to establish a Water Introduced 3/21/2017 Referred to Subcommittee on Environment Watch No supporters of
OR) Infrastructure Trust Fund, and for other purposes note for OCSD
H.R. 2510 Peter DeFazio (D-OR) Clean Water and Jobs Creation Act of 2017 to renew the Clean Water Introduced 5/19/2017 Support CASA Supports
SRF Program and to provide grants to support resiliency needs
S. 1137 Ben Cardin (D-MD) Clean Safe Reliable Water Infrastructure Act to provide for a robust Introduced 5/16/2017 Referred to Committee on Environment and Watch No supporters of
funding of SRF programs and to establish a WaterSense Program to Public Works note for OCSD
promote water efficient
S. 21 Paul Rand (R-KY) Regulations from the Executive in Need of Scrutiny Act of 2017 to Reported to Senate from Committee on Homeland Security and Watch No supporters of
provide for congressional approval of regulations with impacts of Governmental Affairs note for OCSD
$100 million or greater
H.R. XXX XXXXX Fiscal Year 2018 Budget Budget to be Referred to Committee on Appropriations (House/Senate) Watch Presidential Budget
Transmitted to
Congress 5/23/2017
S. 1696 Tom Udall (D-NM) Smart Energy and Water Efficiency Act provides for language Introduced 8/1/17 and referred to Senate Committee on Energy and Watch No supporters of
protecting against certification of technologies that migh impair Natural Resources note for OCSD but
water treatment or increase costs anticipate CASA and
WateReuse will
support
H.R. 3275 Jerry McNerney (D-CA) Water and Energy Sustainability through Technology Act Introduced and referred to Committees on Energy and Commerce, Watch No supporters of
Natural Resources, Transportation and Infrastructure, Science Space note for OCSD
and Technology, Agriculture 8/8/17 providing for assistance to support
innovation in water treatment and water use efficiency
Legend:
ACC-OC-Association of California Cities, Orange County
LOCC-League of California Cities
NYC-Not Yet Considered
CASA-California Association of Sanitation Agencies
NACWA- National Association of Clean Water Agencies
ACWA-Association of California Water Agencies
CSDA-California Special Districts Association
TOW NSEND
TPA
To: Orange County Sanitation District
From: Townsend Public Affairs, Inc.
Date: August 28, 2017
Subject: Legislative and Public Affairs Agenda Report
State Political Update
The Legislature returned to Sacramento on August 21 to finish the final four weeks of the
legislative session before they adjourn on September 15. Despite only having four weeks left, the
Legislature still needs to take up approximately 1500 bills that are still alive and moving through
the process. Any bills that are not passed before the September 15 deadline will become two-
year bills and will be eligible for consideration when the Legislature returns in January 2018 for
the second year of the current two-year session.
All attention in the Legislature has been focused on passing bills out of their appropriations
committees before the deadline on September 1. All bills that pass out of the appropriations
committees will have two weeks to be heard and debated on the Floor before the September 15
deadline.
In the final four weeks of the legislative session, the Legislature is expected to focus a
considerable amount of time on a variety of topics including an affordable housing funding
package and a Cap and Trade expenditure plan. With regards to the affordable housing funding
package, legislative leadership is expected to introduce a series of bills in the next week that will
likely include a combination of fees attached to property purchases, bond funding, and a
streamlining effort for housing construction.
The affordable housing package will likely include specific language or concepts that are currently
identified in the following legislation:
• SB 2 (Atkins) - would impose a fee of $75 on every real estate instrument, paper, or
notice required or permitted by law. The maximum fee per single parcel will not exceed
$225.
• SB 3(Beall)—would authorize$3 billion in general obligation bonds for affordable housing
construction. If passed by the Legislature, SB 3 would need to be passed by the voters on
the November 6, 2018 ballot.
• SB 35 (Wiener) — would create a streamlined, ministerial approval process for the
development of multi-family housing if the development meets specified requirements.
So far, it is unclear if there are enough votes in the Legislature to pass a funding package that will
be based on the above bills. Moderate Democrats in both the Assembly and the Senate have
been asked by legislative leadership and the Administration to support several controversial bills
already this legislative session, including the SB 1 transportation tax increases and the extension
of the Cap and Trade program. It is likely that many legislators will be hesitant to pass any
affordable housing package that can be construed as another tax increase without additional
incentives.
Southern California Office•1401 Dove Street•Suite 330•Newport Beach,CA 92660•Phone(949)399-9050•Fax(949)476-8215
State Capitol Office•925 L Street•Suite 1404-Sacramento,CA 95814•Phone(916)4474086•Fax(916)444-0383
Federal Office•600 Pennsylvania BE•Suite 207•Washington,DC 20003•Phone(202)54"696•Fax(202)5464555
Northern California Office•300 Fmnk Ogawe Plaza•Suite 204•Oakland,CA 94612•Phone(510)835-9050•Fax(510)835-9030
Below is a list of key upcoming dates in the Legislature:
September 1 —Last day for fiscal bills to pass their appropriations committees
September 15—Last day for any bill to be passed
October 15—Last day for the Governor to sign or veto bills
Tax on Water
When legislators returned to Sacramento on August 21, Senator Bill Monning (D-Carmel)
amended his SB 623 to include a safe and affordable drinking water fee. This proposed fee will
be levied on each customer of a public water system, and the proceeds will be deposited into a
Safe and Affordable Drinking Water Fund to be used as a stable source of funding to secure
access to safe drinking water for all Californians.
The bill also adds additional funding sources besides the charge on public water systems,
including a dairy safe drinking water fee charged on milk as well as a fee on all fertilizer materials
sold in bulk. Currently, the bill proposes to charge $0.95 per month for customers with water
meters up to one inch or customers without water meters, with the fee increasing as water meter
sizes increase. It is anticipated that these fees will amount to approximately$100 million per year
for the newly established Safe and Affordable Drinking Water Fund. Prior to the amendments on
August 21, the bill only contained an agricultural related fee.
The bill was heard on August 23 and was placed in the Assembly Appropriation Committee's
Suspense File to be voted upon on September 1.
Cap and Trade
Last month, the Governor signed a Cap and Trade extension package, moving the program's
sunset date from 2020 to 2030. This extension, coupled with a key court decision in June 2017,
alleviated concerns for Cap and Trade permit purchasers as evidenced in the latest permit auction
on August 15.
At the auction, businesses from around the State and purchased every available emissions credit,
totaling $935 million. Due to the way Cap and Trade revenues are allocated, approximately$640
million was deposited into the State's Greenhouse Gas Reduction Fund. Prior to this auction the
Cap and Trade revenues for the past several months have been dismal due to stakeholder's
concerns of the program's future. Cap and Trade experts are optimistic that the program will
continue to produce strong revenues for the Greenhouse Gas Reduction Fund.
After the August 15 auction, the Greenhouse Gas Reduction Fund currently has approximately
$1.4 billion that is available to implement projects or programs that reduce the State's greenhouse
gas emissions. It is likely that legislators and the Administration will attempt to develop an
expenditure plan for a portion of this $1.4 billion before the Legislature adjourns on September
15.
Priority Legislation
AB 574 (Quirk) -Potable reuse—OCSD Support
0 August 2017 Report 2
AS 574 would require the State Water Resources Control Board (SWRCB), on or before June 1,
2018, to establish a framework for the regulation of potable reuse projects that includes specified
elements. The bill would require the SWRCB, on or before December 31, 2021, to adopt uniform
water recycling criteria for potable reuse through raw water augmentation and would allow the
board to extend this date if certain criteria is met. AB 574 was placed on the Assembly
Appropriations Committee's Suspense File and will be taken up on September 1.
AB 967(Gloria)—Human remains disposal.,alkaline hydrolysis:licensure and regulation—OCSD
Watch
AB 967 establishes a regulatory process for hydrolysis facilities under the Cemetery and Funeral
Bureau beginning July 1, 2020. AB 967 allows for the disposal of hydrolysate into a sewer or
collection system with the consent of the publicly owned treatment works to which the sanitary
sewer system or collection system is tributary. The bill would require an applicant for a hydrolysis
facility license to present to the Bureau any state or locally required permits for business
operations, prove that it has the appropriate permits and contracts for the disposal of hydrolysate,
and employ a hydrolysis chamber certified by the State Department of Public Health. AB 967 Is
currently on the Senate Floor.
SB 5 (De Leon) - California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor
Access For All Act of 2018— OCSD Support
SB 5 would enact the California Drought,Water, Parks, Climate, Coastal Protection, and Outdoor
Access For All Act of 2018, which, if approved by the voters, would authorize the issuance of
bonds in an amount of $3,832,000,000 pursuant to the State General Obligation Bond Law to
finance a drought, water, parks, climate, coastal protection, and outdoor access for all program.
SB 5 was recently amended on July 18 to slightly increase the total funding amount for water
programs. Currently, SB 5 contains $550 million in water funding for integrated regional water
management, groundwater sustainability, water recycling, and drinking water programs. The
Assembly version of this bill, AS 18, has passed the Assembly Floor and has been assigned to
Senate policy committees. AB 1 is focused on park and recreation funding and does not include
specific money for water projects. SB 5 is currently in the Assembly Water, Parks, and Wildlife
Committee and has not been scheduled for a hearing.
0 August 2017 Report 3
OCSD
State
Bills of Interest
BILL AUTHOR sum ION r LEGISLATIVE
4MMM11M"1MMCT POSITION PLAN
Proposed State Legislation 2017-2018
High Priority
AB 18 Garcia[D] California Clean Water, Climate, and Coastal Protection and Referred to the Senate Natural Support if Guiding
Outdoor Access For All Act of 2018.Would enact the California Clean Resources and Water Amended Priorities: Funding
Water, Climate, Coastal Protection, and Outdoor Access For All Act of Committee and the Senate assistance for
2018, which, if approved by the voters,would authorize the issuance of Governance and Finance OCSD projects
bonds in an amount of$3,105,000,000 pursuant to the State General Committee through grants,
Obligation Bond Law to finance a clean water, climate, coastal appropriations, or
protection, and outdoor access for all program. other means
AB 574 Quirk[D] Potable reuse The bill would require the state board, on or before June Referred to the Senate Support Legislative and
1, 2018, to establish a framework for the regulation of potable reuse Appropriations Committee's Regulatory
projects that includes specified elements. The bill would require the state Suspense File Policies: Support
board, on or before December 31, 2021,to adopt uniform water recycling measures that
criteria for potable reuse through raw water augmentation, as specified, promote and
and would allow the board to extend this date if certain criteria is met. provide for the use
This bill would specify that"direct potable reuse"includes"raw water of reclaimed water
augmentation"and "treated drinking water augmentation."
AS 851 Caballero(D) Local agency contracts Current law authorizes a county, until January Currently on the Senate Floor Watch State Tactics:
1, 2018, with approval of the board of supervisors,to utilize construction Development and
manager at-risk construction contracts for the erection, construction, advocacy for
alteration, repair, or improvement of any building owned or leased by the design-build
county.This bill would extend that authorization described above until legislation targeted
January 1, 2023.AS 851 also allows the Santa Clara Valley Water at OCSD projects
District to use the design-build process for various types of projects.
AS 869 Rubio [D] Sustainable water use and demand reduction: recycled water. Amended on August 24. Watch Legislative and
Current law imposes various water use reduction requirements that apply Referred to the Senate Natural Regulatory
to urban retail water suppliers, including a requirement that the state Resources and Water Policies: Support
achieve a 20% reduction in urban per capita water use by December 31, Committee measures that
2020. This bill would require long-term standards for urban water promote and
conservation and water use to include a credit for recycled water, as provide for the use
specified. of reclaimed water
OCSD
State
Bills of Interest
AS 967 Gloria [D] Human remains disposal: alkaline hydrolysis: licensure and Currently on the Senate Floor Watch Legislative and
regulation Would, commencing July 1, 2020, require the Cemetery and Regulatory
Funeral Bureau to license and regulate hydrolysis facilities, as defined, Policies: Support
and hydrolysis facility managers, and would enact requirements (generally)
applicable to hydrolysis facilities substantially similar to those applicable measures that
to crematoria.AB 967 would require the Hydrolysis facilities to transport provide for
the end product known as hydrolysate to an anaerobic water treatment improved public
facility where the hydrolysate will be utilized for the cogeneration of health through
bioenergy. Hydrolysis facilities may dispose of this hydroylate in the regulation
municipal sewer system ONLY with a permit from the local permitting
agency.
AB 979 Lackey[R] Local agency formation commissions: district representation The Passed the Legislature and Watch State Priorities:
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 has been presented to the Support the State's
provides for the selection of representatives of independent special Governor. efforts to increase
districts on each local agency formation commission by an independent the effectiveness
special district selection committee pursuant to a nomination and election and efficiencies of
process.This bill would additionally require the executive officer to call Local Agency
and hold a meeting of the special district selection committee upon the Formation
adoption of a resolution of intention by the committee relating to Commissions.
proceedings for representation of independent special districts upon the
commission pursuant to specified law.
AB 1250 Jones-Sawyer[D] Counties and cities: contracts for personal services Would establish Referred to the Senate Oppose Legislative and
specific standards for the use of personal services contracts by counties. Appropriations Committee's Regulatory
Beginning January 1, 2018, the bill would allow a county or county Suspense File Policies: Support
agency to contract for personal services currently or customarily legislation and
performed by employees, as applicable,when specified conditions are regulation that
met. Among other things, the bill would require the county to clearly allow public
demonstrate that the proposed contract will result in actual overall costs agencies to
savings to the county and also to show that the contract does not cause procure goods and
the displacement of county workers. The bill would require a contract services in
entered into under these provisions to specify that it may be terminated manners similar to
upon material breach, if notice is provided, as specified.This bill was private industry,
recently amended to exclude cities, and does NOT apply to special thereby reducing
districts. overall costs of
delivery
OCSD
State
Bills of Interest
AB 1479 Bonta [D] Public records: custodian of records: civil penalties Would, until Referred to the Senate Oppose Legislative and
January 1, 2023, require public agencies to designate a person or Appropriations Committee's Regulatory
persons, or office or offices to act as the agency's custodian of records Suspense File Policies: Oppose
who is responsible for responding to any request made pursuant to the the imposition of
California Public Records Act and any inquiry from the public about a unfunded,
decision by the agency to deny a request for records.The bill also would mandated
make other conforming changes. Because the bill would require local programs on local
agencies to perform additional duties,the bill would impose a state- governments
mandated local program.
SB 5 De Leon [D] California Drought,Water, Parks, Climate, Coastal Protection, and Currently in the Assembly Support Guiding
Outdoor Access For All Act of 2018.Would enact the California Water, Parks, and Wildlife Priorities: Funding
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access Committee assistance for
For All Act of 2018,which, if approved by the voters,would authorize the OCSD projects
issuance of bonds in an amount of$3,832,000,000 pursuant to the State through grants,
General Obligation Bond Law to finance a drought,water, parks, climate, appropriations, or
coastal protection, and outdoor access for all program. SB 5 contains other means
$550 million for water recycling, drinking water, groundwater cleanup,
and integrated regional water management programs.
SB 229 Wieckowski [D] Accessory dwelling units. The Planning and Zoning Law authorizes the Currently in the Assembly Watch Legislative and
legislative body of a city or county to regulate the intensity of land use, Appropriations Committee Regulatory
and also authorizes a local agency to provide by ordinance for the Policies:Track
creation of accessory dwelling units in single-family and multifamily pending legislation
residential zones, as specified. Current law requires the ordinance to to ensure OCSD
designate areas within the jurisdiction of the local agency where these remains in
units may be permitted and impose specified standards on these units. compliance with
Clarifies that a local agency, special district, or water corporation may the government
require a new or separate utility connection directly between an ADU and code as it pertains
the utility for those who do not qualify for ministerial approval of a building to wastewater
permit, as specified. The connection fee or capacity charge must be system user fees
proportionate to the burden of the proposed ADU. Clarifies that a local
agency, special district, or water corporation shall not consider an ADU
to be a new residential use for the purposes of calculating connection
fees or capacity charges for utilities, including water and sewer service.
OCSD
State
Bills of Interest
SB 231 Hertzberg [D] Local government: fees and charges.Articles XIIIC and AID of the Currently on the Senate Floor Watch Legislative and
California Constitution generally require that assessments,fees, and Regulatory
charges be submitted to property owners for approval or rejection after Policies: Track
the provision of written notice and the holding of a public hearing. Current pending legislation
law,the Proposition 218 Omnibus Implementation Act, prescribes to ensure OCSD
specific procedures and parameters for local jurisdictions to comply with remains in
Articles XIIIC and XIIID of the California Constitution and defines terms compliance with
for these purposes. This bill would define the term "sewer'for these the government
purposes. The bill would also make findings and declarations relating to code as it pertains
the definition of the term "sewer for these purposes. to wastewater
system user fees
and property tax
revenues and the
investment of
public funds.
SB 623 Morning [D] Safe and Affordable Drinking Water Fund Would establish the Safe Referred to the Assembly Watch State and Federal
and Affordable Drinking Water Fund in the State Treasury and would Appropriations Committee's Tactics:Work with
provide that moneys in the fund are continuously appropriated to the Suspense File CASA in support of
State Water Resources Control Board. The bill would require the board continued use of
to administer the fund to secure access to safe drinking water for all tax-exempt
Californians, while also ensuring the long-term sustainability of drinking financing and
water service and infrastructure. The bill would authorize the state board feasibile innovating
to provide for the deposit into the fund of federal contributions,voluntary financing
contributions, gifts, grants, bequests, and settlements from parties approaches.
responsible for contamination of drinking water supplies. The bill was
amended on August 21 to include a public goods charge on water,
identified as$0.95 per month fee for customers with water meters up to
one inch or customers without water meters. The feees increase
depending on the size of the water meter, up to$10 per month for
customers with water meters greater than four inches.
SCA 4 Hertzberg [D] Water conservation.The California Constitution requires that the water Currently in the Senate Rules Watch Legislative and
resources of the state be put to beneficial use to the fullest extent of Committee Regulatory
which they are capable and that the waste or unreasonable use or Policies: Support
unreasonable method of use of water be prevenled.This measure would legislation and
declare the intent of the Legislature to amend the California Constitution regulation that
to provide a program that would ensure that affordable water is available necessitate the
to all Californians and to ensure that water conservation is given a responsible use of
permanent role in California's future. water in residential,
commercial, and
industrial areas.
OCSD
State
Bills of Interest
AB 168 Eggman [D] Employers: salary information Would prohibit an employer from Currently on the Senate Floor Watch Legislative and
seeking salary history information about an applicant for employment and Regulatory
would require an employer, upon reasonable request,to provide the pay Policies: OCSD is
scale for a position to an applicant for employment.The bill would apply committed to the
to all employers, including state and local government employers and the exercise of and
Legislature. The bill would specify that a violation of its provisions would provision of orderly
not be subject to the misdemeanor provision. procedures for the
administration of
employer-
employee relations,
including, but not
limited to, meeting
and conferring in
good faith with
recognized
employee
organizations
regarding the
wages, hours of
work, and other
terms and
conditions of
employment.
AB 277 Mathis [R] Water and Wastewater Loan and Grant Program This bill would,to the Currently in the Senate Watch Legislative and
extent funding is made available, authorize the State Water Resources Appropriations Committee's Regulatory
Control Board to establish the Water and Wastewater Loan and Grant Suspense File Policies:Support
Program to provide funding to eligible applicants for specified purposes the protection of
relating to drinking water and wastewater treatment. This bill would public health
authorize a county to apply to the board for a grant to award loans or through the
grants, or both, and a qualified nonprofit organization to apply to the construction and
board for a grant to award grants to residents and to small water systems implementation of
advanced
wastewater
treatment
technology.
OCSD
State
Bills of Interest
AB 355 Chu [D] Water pollution: enforcement. Current law permits the State Water Currently in the Senate Watch Legislative and
Resources Control Board or regional board, in lieu of assessing all or a Appropriations Committee's Regulatory
portion of the mandatory minimum penalties against a publicly owned Suspense File Policies: Support
treatment works serving a small community, as defined, to elect to measures that
require the publicly owned treatment works to spend an equivalent provide funding
amount towards completion of a compliance project proposed by the and support to
publicly owned treatment works if the slate board or regional board publicly owned
makes certain findings. Current law,for these purposes, defines"a treatment works
publicly owned treatment works serving a small community."This bill,for and sewage
purposes of the exception,would instead define publicly owned treatment collection systems
works serving a small community as a publicly owned treatment works
serving a population of 20,000 persons or fewer or a rural county,with a
financial hardship.
As 1654 Rubio[D] Water shortage: urban water management planning.AB 1654 would Two-year Bill Watch Legislative and
have required each urban retail water supplier to report annually by June Regulatory
15 to the Department of Water Resources the status of its water supplies Policies: Support
for that year and whether the supplies will be adequate to meet projected legislation and
customer demand. The Senate Natural Resources and Water Committee regulation that
amended all language out of this bill all other related bills.The promote improved
Committee intends to pass a comprehensive, agreed-upon long term water use
water conservation package before the session ends. efficiency through
state and federal
assistance
As 1668 Friedman [D] Water management planning. Current law requires the state to achieve Amended on August 21. Watch Legislative and
a 20% reduction in urban per capita water use in California by December Referred to the Senate Natural Regulatory
31, 2020. Current law requires each urban retail water supplier to Resources and Water Policies: Support
develop urban water use targets and an interim urban water use target, Committee legislation and
as specified.This bill would require the State Water Resources Control regulation that
Board, in coordination with the Department of Water Resources, to adopt promote improved
long-term standards for the efficient use of water, as provided, and water use
performance measures for commercial, industrial, and institutional water efficiency through
use on or before June 30, 2021. state and federal
SB 80 Wieckowski [D] California Environmental Quality Act: notices The California Currently on the Assembly Watch State Priorities: "
Environmental Quality Act requires the lead agency to mail certain Floor Support efforts to
notices to persons who have fled a written request for notices.The act reform the
provides that if the agencys offer to provide the notices by email, upon California
fling a written request for notices, a person may request that the notices Environmental
be provided to him or her by email. This bill would require the lead Quality Act(CEQA)
agency to post those notices on the agency's Internet Web site. The bill to streamline
would require the agency to offer to provide those notices by email. current procedures
and regulations
OCSD
State
Bills of Interest
SB 189 Bradford [D] Workers' compensation: definition of employee. Current law defines Currently in the Assembly Watch Legislative and
an employee,for purposes of the laws governing workers compensation, Appropriations Committee Regulatory
to include, among other persons, officers and members of boards of Policies: OCSD is
directors of quasi-public or private corporations while rendering actual committed to the
service for the corporations for pay. Current law excludes from that exercise of and
definition an officer or member of the board of directors of a quasi-public provision of orderly
or private corporation who owns at least 15%of the issued and procedures for the
outstanding stock and executes a written waiver of his or her rights under administration of
the laws governing workers' compensation, stating under penalty of employer-
perjury that he or she is a qualifying officer or director.This bill would employee relations,
expand the scope of the exception from the definition of an employee to including, but not
apply to an officer or member of the board of directors of a quasi-public limited to, meeting
or private corporation, except as specified,who owns at least 10%of the and conferring in
issued and outstanding stock, or 1% of the issued and outstanding stock good faith with
of the corporation if that officer's or member's parent, grandparent, recognized
sibling, spouse, or child owns at least 10%of the issued and outstanding employee
stock of the corporation and that officer or member is covered by a organizations
health care service plan or a health insurance policy, and executes a regarding the
written waiver, as described above. wages, hours of
work, and other
terms and
conditions of
employment.
SB 212 Jackson [D] Medical waste. Current law, the Medical Waste Management Act, Two-year Bill Support State Priorities:
administered by the State Department of Public Health, regulates the Support legislation
management and handling of medical waste, as defined.This bill add to or regulations that
the act a definition of"home-generated pharmaceutical waste"as a would prevent the
prescription or over-the-counter human or veterinary home-generated disposing of drugs
pharmaceutical that is waste and is derived from a household, including, down the drain
but not limited to, a multifamily residence or household.This bill is a
follow-up/cleanup bill for Senator Jackson's SB 1229 (2016),which
provides that certain collectors who are authorized under federal law to
engage in drug take-back collection with limited protection from civil and
criminal liability.
SB 302 Mendoza [D] Joint powers agencies: fire protection: funds—Would require, with Currently on the Assembly Watch State Priorities:
regard to transfers of structural fire fund property tax revenues allocated Floor. Continue to
by the County of Orange to a joint powers agency and required by monitor the state
existing law to be used to provide fire protection,that the transfer be budget and actively
approved by the county, a majority of member cities, and the agency protect local
currently receiving the funds.This bill contains other related provisions. property taxes
OCSD's Grant and Loan Funding Tracker 2016-2017
Name of Grant/Loan Synopsis of Grant/Loan Amount of GranVLoan Amount Applying V/N Project/Program ram Reason Match Deadline Category Rcvd Grind/
Applying for j g g ry Financing YIN
NONE L STATE
Administered by the Department of Water Resources Proposition 84:Yes Proposition 84:OCSD was eligible
Integrated Regional Water and managed by Santa Ana Watershed!Project Authority Under Proposition 84,OCSD applied for$1 and applied.
million. Proportion 1:The projects found
Management(IRWM)Grant (SAWPA) in OCSD's CIP do not match up Proportion l:The projects found in
Newhope-Placentia Trunk Proposition 84:26%
Program In Proposition 1,$63 million was allocated to with IRWM funding priorities and Me Districts CIP do not match up
Proportion 84: In 2016,OCSD was awaked funding in ql million Sewer Replacement Project 7/1/2015 Water Yes
the Santa Ana be funding
to region.Approximately preparedto advocate for
wiMIRWMfuples. PAis es prepared
Me fM1ik and final round of Proposition 84 funding. $43 million will be used to fund prepared b advocate for funding 2-02 guiding principles.TPA is re aretl to Proposition 1:TBD
Proposition 84 and Proposition 1 Pr Pa 9 9 9 efo P P P
Proposition l:Atldifionalfunding for this program was implementation projects.Footling will be guidelines to be updated to advocate for footling guidelines to be
included in Proportion 1,which will be available in 2017. braked up Into two rounds. Include alone that would match updated to Include cuisine Mat would
OCSD priority projects. match OCSD priority projects.
The purpose of Mir competitive grant program is to lower
overall greenhouse gas emissions by expanding existing
capacity or establishing new facilities In California to
reduce the amount of California-generated green
materials,food materials,or alternative daily cover being 2016-17. An aavailablenrequ far lt up ar
V)
sent to landfills.Eligible projects include:Construction, $2,400,0 Anapplicantcon requestup to
Cal Recycle Organics Grant gi proles $3,200,000 for compost projects and No. Did not meet
renovation,eror the d expansion
estion rcomp Increase
of In-state $5 million Yes-ApPlled Digesters Applied for grant None 3/g/2017 Energy/Solids
Program into compost, orl a digestion ,Icempostingofori or expenses and
eonbleexpensesfects be ot all qualifications.
intocompostsoilamendments,bwhens,oriding my or expensesand othereligibleexpenses for the
for the preprocessing of organics when providing Infrastructure portion of the project
preprocessed materials to an instate digestion or
composting facility Mat is using the waste to make
compost soil amendments,binfuele or bioenergy.
The CPUC's Self-Generation Incentive Program(SGIP)
provides incentives to support existing,new,and
emerging distributed enemy resources.The SGIP
provides rebates for qualifying distributed enemy Protect was not an eligible expense
Self-Generation Incentive systems installed on the customer's side of the utility NIA,Incentive
Program meter. Qualifying technologies include wind turbines, Up W$1.4 million N/A No Aquacrimx to receive funding under tie pram Ongoing Energy WA
waste heat to pow giee er technole pressure reduction program'
turbines,internal combustion engines,microfurbines,gas
turbines,fuel cells,and advanced energy storage
systems.
OCSD was eligible to receive a
planning grant,however,the$75,000
Proposition 1 authorixed$7.12 billion in maximum award was determined to
general obligation bonds for some water not be an effective use of died
Approved through Proposition 1 in November 2014,Me supply infrastructure projects. resiounces,nor a sufficient amount of
Water Recycling Funding SWM Water Resources Control Board provides funding funding($75,000). In mid-2016,the
Program for the planning,design and construction of water $625 million is available for water recycling program became heavily
recycling projects that offset or augment state fresh and advanced water treatrsent technology N/A No SP-173 oversubscribed Based on the Ongoing Water N/A
wafer supplies. projects. Sanitation District's Capital Project Grant:50%
Proposition 1 Improvement Program(CIP),the
Program has project and planning grants avaialble. Planning Grant Maximum:$75,000 Sanitation District does not have
projects that fit the current
Project Grant Maximum:$15 million guidelines.As funds begin to
replenish,this will continue to be a
funding opportunity.
The purpose of Mis program is to provide accessible low-
Callfomialnfrastructureand cost financing to eligible bonowers for a wide range of Program funding is available in amounts
infrastructure and economic expansion projects.Eligible
Economic Development Bank ranging from$50,000 to$25 million,with loan Multiple(possible projects). Water/Energy/fcture
CA0272 Infrastructure State planting generally include designing,sting imp terms for the useful life of the project up toe TBD Evaluating Evaluating the program. Might be for smeller projects. WA,loan program Rolling TBD
Revolving Fund ISRF Program Planning,permitting,entitling,constructing,Improving, maximum of 30 years. Infrastructure
9 ( ) exgible facilities
fithe state
and generally developing
eligible facilities within Me state of California.
UptlrtM 08/38Ro17
OCSD's Grant and Loan Funding Tracker 2016-2017
Name of Grant/Loan Synopsis of Grant/Loan Amount of GranVLoan Amount Applying V/N Pro'ecVPro ram Reason Match Deadline CategoryRcvd Grant)
Applying for j g Financing YIN
STATE Continued 11
OCSD would not be eligible to apply
for the vast majority of this money.
While most of the Cap and Trade
$900 million from the Cap and Trade program spending plan is not connected to the Unknown at this
Cap and Trade Funding (Greenhouse Gas Reduction Fund)was appropriated in $900 million TBD TBD TOO services OCSD provides,the funding TBD Energy TBD
Me last legislative session. did include$40 million for waste time
diversion projects.Staff and TPA will
closely monitor the development of
this Program.
$1.5 billion in overell walerfunding. If SB 5 passes Me legislature TPA and OCSD will advocate far the
SB 5(De Leon)includes$Reg75 ional
for each of emthe follow and is signed by the Governor,It Inclusion of this funding in Me final
2018 Proposed Park Bond categories:Integrated Regional Water Management $3T5 million er Water Recycling and$3]5 TBD will be laced on Me statewide NIA version of the parks bond
p (IRWM)Clean,RecyclingReliable
Groundwater Water
ability millionManagement
ntt jIRWetl Regional Water P If palegislation.e TP TBD TBD Water NO
Clean,Sate,Reliable Drinking Water Managemegrams. tobefunneled into Me ballot in2018.Funds will likely and
becomes available,the oppoPA
existing programs. not be available until entl staff will evaluate the opportunity.
FEDERAL
The Office of Energy Efficiency and
Project Definition for Pilot and Renewable Energy envisions awarding
Demonstration Scale This funding opportunity supports tachnology multiple financial assistance awards in to OCSD Staff applied however,we
development plans for the manufacture of drop-in Energy/
Manufacturing of BiofuelS, hydrocarbon blofuels,bloproducts,or intermediates ins lots of cooperative agreements.The $15 million yes Aquacrtox were notified Mal we did not receive 10/31/2016 Biosolids NO
Bioproducts,and Biopower pilot-or demonstration-scare fuems,integ rIntered mediateme, estimated period of performance for the Me grant.
(PD2B3) design phase of each award will be
approximately 1-2 years.
We tla not fit within their guidelines:
bea
The watershed
g of this program is to support established To be eligible,applicants must rs a
watershed groups in implementing oriedle mundshould grassroots,normeguladdresses
tiorysat watershed
watershed management projects.Projects should be group that atltlresaea water
WaterSMART Cooperative collaboratively developed by members ofthe watershed Award Ceiling: $100,000 N/A No SARI/Santa Ana River availability and quality issues within 2/16/2017 Water N/A
Watershed Management group,and address altical water supply needs,water Me relevantwatershed,represents
quality,and ecological resilience.Plans should ultimately diverse group of stakeholders,and
help water users meet competing demands and avoid can .more Me sustainable use of
conflicts over water. water resources within Me
watershed.
The Energy Department(DOE)and the Department of OCSD will not currently pursue this Concept papers
Energy Department Fanners with Agdcultare's National Institute of Food and Agriculture grant.Grant focuses on biorefineres are due Feb
Department of Agriculture for (USDA-NIFA)jointly announced$22.]million to support (liquid products).The first topic area
$22.]mlllion N/A No AquacritowHlosolids and full Energy/Solids WA
Integrated Biorennery Me optimization o indi gwit up ton$19. gBR).DOE is mentions !handlin systems,
tems,topicis
Optimization providing Is pr providing
up
2.9$19.B million about feeelfids handling systems,not applications are
USDA-NIFA Is provitling up to$2.9 million In footling. about biosolitls. due April 3.
Senator Feinstein induced$50 million to
support construction of projects that have a
final and deemed feasible study of a recycling
The enactment of Me Water Infrastructure Improvements project In secutlng this new competitive The Sanitation District Is applying for
The Water Infrastructure Final Expansion of GWRS Title 18 will pay up to Applied and
Ad(5.612IPublic Lew#110.322NJIIN)contained grants program at the U.S.Bureau of HeatlwoAS Segregation project Met water/
Improvements -322f 612/Public $1.85 Million yes (planning,design and 25 peroent of Me 8/15/2017 waiting an
dominimportano assistance for water recycling and Me
Senator Feinsteinwater
and
construction Headworks sell helpGWRS. to bring more water to the available mina Infrastructure
Law it114-322ANIIN) desalination. Me identification of several water and ) GWRS. y response.
wastewater agencies Mat would benefit from
Me assistance. OCSD is one of these
agencies.
The LUST program receives approximately
The USEPA Leaking $100 million annually to prevent,dated,and
Underground Storage Tank The fund addresses petroleum releases from regulated clean up releases. Assistance is provided TBD Evaluating Cleanup ofcontamimmad soils Wewillreviewthegmnttodetermine TBD Infrastructure TBD
(LUST)Thal Fund underground storage tanks. throughgrants. Eligible activities include at Plant No if it is a fit for the project.
removal of tanks and cleanup of
contaminated areas.
Updater 08/38R017
OCSD's Grant and Loan Funding Tracker 2016-2017
Name of Grant/Loan Synopsis of Grant/Loan Amount of GranVLoan Amount Applying V/N Project/Program ram Reason Match Deadline CategoryRcvd Grant/
Applying for j g Financing YIN
FEDERAL Continued
The U.S.Department of AgnculNre through he health
watershed spmgramomen;public-maned wastewater Atotal of$100 million is funded annually and Reviewing the funding
agencies funding through collaboatlon with agricultural the opportunity to design a watershed We will review the possible funding
US Department of Agriculture interests where funding would be provided to the program might offer OCSD with the chance to TBD TBD opportunity to see H there is a opportunity to determine if it is a fit for TBD Water TBD
agricultural entity that would conbibute to efforts to advance its pnomy to reduce regulatory the Bergeron District.
protect fire watershed and minimize regulatory humans burtlens. beaches and estuaries)
on the Point source.
Project Funding Opportunity:
A minimum of$20 million W as much as$100 Energy production to reduce
million based upon prior years'budgets. costs of recyGad water
USBR could receive as much as$130 million through Innovative
The DOE's Office of Energy Efficiency is likely to in support of the WaterSmart(due to technologies like Aquaatox, We will review the possible funding
The Department of Energy TBD.we will monitor for possible
continue t the lbiom,bic by Congress to support such increased tlfus.USBR will
WIINUsue during next TBD Innovative water that ca pitoring opportunity to tlettrict. HRisafit for TBD Energy TBD
(DOE), USSR and USEPA affords as biogea,biosolida and green enemy. several yea re.USBRwill issue solicilagona funding opportunities technology that can protluce the BentagOn District.
for Innovative approaches to managing water efficient real time monitoring
and water treatment through(ethnology and and data analysis,Siegal
processes. Management and Use
Improvements.
It Is unclear how the Incoming administration may revise
existing programs that address energy and water
eficlency needs. However,the effort to support
communities develop approaches that improve the Project Funding Opportunity:
TBD. Based on the funding SCADAU,md Seismic
and Networtc
quality of life In communities might continue to receive If funding becomes available we will Unknown at this
Smart Cities end Security funding. OCSD might be able to leverage such program TBD TBD opporWnitiesandds. Evaradas,(FEM cHazati evaluate the opportunity. time Energy/yyater TBD
assistance to support Innovative approaches to security. projectslneeds. Evaluation(FEMA Mitigation
Funding may also be available through Department of Assistance)
Homeland Security to assist communities to protect
against cyber-threats.
Possible projects: GWRS
The W IFIA program accelerates investment in our Final Expansion,District 6
nation's water Infrastructure by providing long-term,low- Trunk Sewer Relief Project,
coal supplemental loans for regionally and nationally Headeseft The SanbsfiOn District does not plan
significant projects.To quality for funding assistance a Rehabilitation/Expansion to borrow funds to complete projects. Water/
WIFIA project must cost at least$20 million.The USEPA has $2 billion N/A No Headquarters Complex,Site The Water District might quality for 4/10/2017 Infrastructure N/A
looseed an interest in prejecla that deliver multiple and Security/Entrance these loans and OCSD will support
benefits that might capture water recycling as well as Realignment,Western Iham if May choose to do an.
projects that address stonmvater and otber'large Regional Sewere—Planning
project'needs. and design and construction
COUNTY
Fourth Cycle of the Reopened Recycling and Waste
Reduction Gant.This competitive grant provides This is a$3 million competitive grant $001 par This was in conjunction with Waste
potential partners with grant funding to develop Food waste digestion.
OC Waste and Recyclingnablethattal opportunity.Up to$500,000 per Supervisodal Supervisodal No. Management and they have decided None 5/19/2017 Energy/Solids No
mataial waste
support mpfiancewithased! Dmi Is available. District Digestere. to not submit for this grant.
regio a l r waste and diversion
goads and promote increasetl
regional recycling and diverelon efforts.
Upda.08/2WO17
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Data To ad.ofDir.
09/11/17
AGENDA REPORT Item Item Number
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: PUBLIC AFFAIRS UPDATE
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
Staff will provide an update on recent public affairs activities.
RELEVANT STANDARDS
• Unified legislative advocacy and public outreach program
• Build brand, trust, and support with policy makers and community leaders
• Use all practical and effective means for recovering wastewater for reuse
• Maintain collaborative and cooperative relationships with neighboring agencies
• Listen to and seriously consider community input on environmental concerns
PROBLEM
Many Californians are not aware of the Orange County Sanitation District (Sanitation
District) and the important work we do to keep the environment clean by using the
wastewater byproducts to create energy, water recycling, and the use of biosolids.
Additionally, they are not aware that more than 50 percent of the wastewater is recycled
and used to replenish the Orange County Groundwater Basin.
In general, the community and businesses do not realize that when they improperly
dispose of waste into the sanitation system, it can negatively affect the work we do and
the quality of water we supply for the Groundwater Replenishment System.
PROPOSED SOLUTION
By providing tours, community outreach education and general communication via the
Sanitation District's website, social media outlets and mainstream media, we have the
ability to educate the community, local agencies, and businesses on the What2Flush
program, energy production, water recycling, biosolids and our source control program.
This, in turn, results in a better quality of wastewater.
Page 1 of 2
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
If we do not educate the community, local agencies, and area businesses about the
Sanitation District, we lose an opportunity to educate thousands of people about our
plants, source control and the wastewater industry as a whole.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
August2017
Activity # # of Guests
OCSD/OCWD Tours 4 63
OCSD Tours 12 189
Events 1 _200
CEQA
N/A
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENTS
The following attachments are attached in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.coml with the complete agenda package:
• Outreach Calendar August2017
• Media Clips August 2017
Page 2 of 2
OCSD Outreach Report 812 412 01 7
Date Time Or anization/Event Location Purpose Attendee Contact
8/1/2017 900- 1030 Plant Tour A& B APU Nursing class to tour Belen Carrillo Tour Guide Cheryl Scott
P1. 20 guests
8/2/2017 900- 1030 Plant Tour Boardroom CSUF Nursing tour. 15 Gina Tetsch Tour Guide Cheryl Scott
students
8/4/2017 1300- 1500 Plant Tour P2 Operations HB Fire to tour P2.Approx. Randy Kleinman Tour Cheryl Scott
12 guests Guide
8/4/2017 1330- 1500 Plant Tour Boardroom Assemblyman Chen Tour. Jim Herberg Tour Guide Cheryl Scott
8/4/2017 900- 1030 Plant Tour Boardroom West Coast University Belen Carrillo Tour Guide Edna and Belen Tour
Tour. Guides
8/5/2017 1730-2000 La Palma Civic Expo& La Palma Central OCSD to Host Information Belen Carrillo and Edna Cheryl Scott
National Night Out Park Booth. Aguilar Booth Hosts
8/7/2017 1000- 1130 Plant Tour Boardroom Wu family tour.Approx. 10 Sterling Harris Tour Guide Cheryl Scott
guests
8/8/2017 915- 1145 Plant Tour Boardroom Maintenance Dickie Fernandez Tour Cheryl Scott
Superintendent Association Guide
Tours. 30 guests
8/8/2017 1345- 1515 Plant Tour Boardroom Maintenance Chris Cervellone Tour Cheryl Scott
Superintendent Association Guide
Tours. 30 guests
8/24/2017 10:11:22 AM
OCSD Outreach Report 812 412 01 7
Date Time Or anization/Event Location Purpose Attendee Contact
8/11/2017 900- 1030 Plant Tour Boardroom Girl Scout Troop to tour Belen Carrillo Tour Guide Cheryl Scott
P7. Approx. 20 guests
8/15/2017 900- 1030 Plant Tour Room A Energy& Resource Brian Bingman Tour Guide Cheryl Swtt
Management Team Tour.
10 guests
8/18/2017 1130- 1300 Plant Tour Boardroom Boy Scout Troop Tour. 13 Belen Carrillo Tour Guide Cheryl Swtt
guests.
8/22/2017 900- 1030 Plant Tour Boardroom Lee & Ro Engineering Brian Bingman Tour Guide
to tour P1. 10
guests.
8/23/2017 1130- 1230 Plant Tour Control Center Operator class Tour. Dickie Fernandez Tour Cheryl Scott
Approx. 25 guests Guide
8/24/2017 1000- 1130 Plant Tour Boardroom HBCSD Gate Tour. 13 Edna Aguilar Tour Guide Cheryl Swtt
guests.
8/28/2017 1130- 1230 Plant Tour Control Center Operator Class Tour. 30 Paula Zeller Tour Guide Cheryl Scott
guests.
8/30/2017 900- 1030 Plant Tour Boardroom Chinese Delegation Tour Paula Zeller Tour Guide Cheryl Swtt
15 guests
9/5/2017 900- 1030 Plant Tour Boardroom Vanguard University to tour Gina Tetsch Tour Guide Cheryl Scott
P1. Approx. 15 guests
8/24/2017 10:11:22 AM
OCSD Outreach Report 812 412 01 7
Date Time Or anization/Event Location Purpose Attendee Contact
9/9/2017 1100- 1500 Newport Beach Green Newport Beach OCSD to host information Various OCSD Volunteers Cheryl Scott
Expo Civic Center booth at event.
9/13/2017 900- 1030 Speaking Engagement Tustin Speaking Engagement for Jennifer Cabral Speaker Cheryl Scott
CA Assoc. of Realtors. In
Tustin. 30 guests
9/15/2017 830- 1030 Plant Tour Plant 2 OCWD to tour Plant 2 Rob Thompson Tour Guide Cheryl Scott
9/15/2017 1500- 1600 Plant Tour GM Conf. Room SW RCB Vice Chair Steven Jim Herberg Tour Guide Cheryl Scott
Moore to tour P1
9/20/2017 900- 1030 Plant Tour A& B CSULB Nursing Tour. 25 Gina Tetsch Tour Guide Cheryl Scott
guests
9/21/2017 1200- 1300 Speaking Engagement Center Club Orange ASCE Presentation- Rob Thompson Presenter Cheryl Scott
County, Costa Mesa Newport Force Main
9/22/2017 1330-300 Plant Tour P2 Plant 2 neighborhood tour. Chris Cervellone Tour Cheryl Scott
Guide
9/26/2017 900- 1030 Plant Tour A& B New Employee/Open Tour. Ann Crafton Tour Guide Cheryl Scott
9/29/2017 1400- 1530 Plant Tour Boardroom SCAPW Assoc. Engineers Shabbir Basrai Tour Guide Cheryl Scott
Tour. 25 guests.
8/24/2017 10:11:22 AM
Monthly News Clippings
G�JN�V S A N I TgT�Oy
= 9
Q
2 c�
o �
FCTi� �E
September 2017
OCSD Public Affairs Office
Table of Contents
BIOSOLIDS..............................................................................PAGE 1
August 24, 2017
Kern County agrees to top challenging L.A. over dumping of treated
human waste
By: Alene Tehekmedyian
Los Angeles Times
GWRS...................................................................................PAGE 3
July 2, 2017
Recycled Water: Better for business, better for the long haul
By: Denis Bilodeau and Gregory Sebourn
Opinion - The Hill
July 3, 2017
Magic in a Bottle
By: Matt Weiser
Water Deeply
July 19, 2017
Water District receiver$124 million to expand water replenishment
system
By: Lauren Williams
Orange County Register
July 19, 2017
EPA selects Orange County project to apply for Water Infrastructure
Loan
Advisor News
July 20, 2017
Rep. Mimi Walters says EPA Water Infrastructure Loan could help
millions in Orange County
Mimi Walters Press Release
August 4, 2017
Agencies develop plan to take advantage of snow levels and refill
OC Basin
By: Municipal Water District of Orange County
Orange County Breeze
TWITTER POSTINGS ................................................... .............PAGE 18
FACEBOOK POSTINGS ............................................................PAGE 23
Los Angeles Times
August 24, 2017
5:0S Anglelles �Gime�
Kern County agrees to stop challenging L.A. over dumping of treated human waste—
August 24, 2017,4:00 AM
kene Tchekmedyian Contact Reporter
Kern County has agreed to stop challenging the City of Los Angeles over its practice of dumping
treated human waste on Korn County farmland, capping a bitter legal battle that has spanned more than
a decade.
The Los Angeles City Council voted unanimously Wednesday, with one member absent,to approve
the settlement"to avoid further litigation or controversy"regarding the dumping of biosolids,
according to the agreement.
"We are pleased that this settlement is beneficial in both protecting the environment and providing a
way for the city to safely dispose of biosolids through recycling rather than landfill disposal,"Rob
Wilcox, a spokesman for the L.A. city attorney's office, said Wednesday via email.
The Kern County Board of Supervisors signed off on the settlement earlier this month.
"The bottom line is we have fought this as far as we think it was worthwhile to fight it,"said Mark
Nations, an attorney representing Kem County. "Anything beyond this would be futile."
1
Under the settlement, each party will cover its own legal fees. Kern County agreed to cover the city's
court costs, which totaled about$54,000.
The saga stretches back to 2006, when Kern County voters overwhelmingly approved Measure E, an
initiative that banned the dumping of sewage sludge onto Green Acres, a 4,700-acre farm the city of
Los Angeles bought from Kern County in 1999 for$15 million. The sludge is tilled into the farm's soil
to fertilize crops, including corn and wheat.
The initiative set off a protracted legal case in which Los Angeles sued to block the ban and Kem
County fought to uphold it, saying it sought to protect underground water and the local environment
from possible contamination and emissions from diesel trucks.
Los Angeles argued that the shipments were a legal form of interstate commerce and therefore beyond
the reach of county legislation or ballot initiatives.
The city maintained that the shipments were necessary because federal and state environmental laws
have stopped cities and counties from dumping sludge in the ocean and severely limited sanitation
districts' ability to dispose of the waste in landfills.
After a trial,a Tulare County Superior Court judge in December struck down the ban,ruling that it
"exceeds Kem's police power and is preempted by state law."The judge also ruled that"there is no
evidence of risk to human health"posed by the shipments.
As part of the settlement,Kern County agreed not to appeal the ruling.
"The better approach from our standpoint now, given what the scientific evidence was at the trial, is to
regulate the operation that's currently in place,"Nations said. "Measure E is done. It's over."
Moving forward,Kem County will study the impact the dumping has on air,water and soil,Nations
said. The county spent$7.6 million fighting the case.
Dean Florez, a former state senator who championed the ban in 2006, said he was disappointed with
the settlement.
"It's been a David and Goliath battle from Day One,"Florez said. "We probably won't know the
effects of this for many years. We do know one thing: If it was healthy and OK,L.A. would do it in
L.A. County."
2
The Hill
July 2, 2017
Recycled water: Better for business, better for the long haul
By Denis R.Bilodeau and Gregory Sebourn,opinion contributors-08/02/17 06:20 PM EDT
During a live streamed video conference between the White House and the
International Space Station, President Donald Trump asked astronaut Peggy Whitson
what the country is learning in space. She gave a timely response, revealing the secret
to solving water shortages across the country.
"Water is such a precious resource up here that we also are cleaning up our urine and
making it drinkable," she said. "And it's really not as bad as it sounds."
"I'm glad to hear that" Trump responded, "Better you than me."
But highly-purified recycled water is not just better for the International Space Station
and its astronauts. Here on Earth in Orange County, Calif., the Groundwater
Replenishment System (GWRS) just began bottling highly-purified recycled water for
educational purposes — and it's better for business.
The GWRS is the world's largest advanced water purification project for potable reuse
and its advanced purified water is the first to be bottled in the Western Hemisphere.
The facility, a collaboration between the Orange County Water District (OCWD) and
the Orange County Sanitation District (OCSD), recycles wastewater that would
otherwise be released into the Pacific Ocean. Instead,the water is channeled through
a three-step advanced purification process.
The product? Near-distilled-quality water superior to current drinking water
standards in all 50 states. And it's all going into an underground reservoir of water in
Southern California, stored and pumped at our fingertips whenever we need it. In the
future, such water recycling programs can be expanded to drought affected regions
across the country ensuring robust local economies, sustainable recreation and a high
quality of life for all.
Highly purified recycled water offers an innovative solution to an urgent problem.
According to the National Integrated Drought Information System (NIDIS), 40.2
million people in the United States are impacted by drought right now.And they're
not just in California. NIDIS has declared primary drought disaster regions across the
Southeast, including counties in Oklahoma, Mississippi,Alabama, Georgia and
Tennessee.
For Americans who rely on agriculture,the impact of water shortage is especially
hard. In 2012, an intense period of drought cost an estimated $31.8 billion due to
widespread crop failure and disaster relief funds, according to the National Climatic
Data Center. Crop failures are passed down to consumers,too, as fewer crops lead to
higher prices at the grocery store register.And in 2014, California alone lost 17,100
jobs to drought conditions, says the Brookings Institute.
There is no single challenge to our localities that touches on every facet of our lives
more than a safe and reliable water supply. With innovative thinking and forward-
looking commitments from all levels of government, we can fix the water shortage.
The expansion of the GWRS and our highly-purified recycled water facility will
increase our water production by approximately 30 million gallons every day (mgd)
to a total capacity of 130 mgd of scientifically tested, clean, pure water. This is the
equivalent of one year's water supply for more than one million people.
The GWRS Final Expansion will continue to produce reliable, clean water at the lowest
cost per drop for Southern California. Helping to create a more cost-effective project,
the United States Environmental Protection Agency (EPA) recently invited OCWD to
apply for $124 million-dollar Water Infrastructure Finance and Innovation Act
(WIFIA) loan to help fund this critical water project.
In addition,the United States Bureau of Reclamation invited OCSD to apply for a
Water Infrastructure for Improvements to the Nation (WIIN) Act to maximize
wastewater flows to be recycled, which will help OCSD meet its goal of 100 percent
recycling. Federal support of recycled water projects is critical and we look forward to
the continued support of the administration to move these projects forward.
4
Ultimately, increased water supplies better prepare our country for future water
shortage, protecting all Americans from higher prices and job loss.
Denis R. Bilodeau, P.E., is the president of the board of directors of the Orange County
Water District and Gregory Sebourn, PLS, is the chair of the board of directors of the
Orange County Sanitation District.
5
Water Deeply
July 3, 2017
WATER
DEEPLY
Magic in a Bottle : Orange County Launches
Recycled Water Giveaway
JUL 3,2017
WRITTEN avMATT WEISER
Califomia's Orange County Water District is the world's largest producer of drinking water recycled from treated
sewage. It recently began bottling this water to inform members of the public about this new supply right under
their noses.
IN 2008, ORANGE County Water District in southern California began a bold effort to
transform sewage into drinking water.
In partnership with the Orange County Sanitation District, it uses micro-filtration, reverse osmosis and
ultraviolet light to purify locally generated treated wastewater. The finished water then gets pumped
into local groundwater aquifers,where it becomes part of the municipal drinking supply.
Today, after an investment of some $600 million, the district's Groundwater Reolenishment
System is the world's largest producer of purified wastewater. And it has just launched a new
program to spread the gospel.
Through special legislation, the district obtained state approval to bottle its recycled drinking
water. It claims this is the first time recycled wastewater has been available in bottled form in
North America. It plans a series of tour dates around California to give this bottled product
free to the public.
6
Why did a local water agency go to such lengths? More importantly, what does the wider public think
of its special water? To find out,Water Deeply recently spoke with Denis Bilodeau,who has served on
the Orange County Water District board of directors for 17 years and is its current president.
Water Deeply: Why is Orange County Water District bottling its recycled wastewater?
Denis Bilodeau: We wanted to take it to the public to educate them that this technology exists, and
we're using it on the largest scale in the world here in Orange County.
In the United States we were the first ones to do this, so we wanted to get it out there to the public—
because facilities like ours will a built all over the U.S., eventually, as the need for new water
continues to exist in and climates.
San Diego and Los Angeles are in the advanced planning process to build facilities like this. They sort
of had some launch failures in those areas in the past. But we didn't,because before we built our plant
we went to the streets and educated the public about what we needed to do and why. We spoke to
everybody who would listen to us. We ran ads on cable TV. So at the end of the day, we received no
opposition to construction of our plant; it was quite an investment,but it definitely was necessary.
We've been at this for nine years now, but we want to re-engage the public and perhaps
reach a larger audience. Hopefully, our message will resonate and facilities similar to ours will
be built throughout southern California.
Water Deeply: And how are people reacting?
Bilodeau: Most recently, we set up a kiosk in Hollywood—right on Hollywood Boulevard—to hand
[the water] out to tourists and educate them about what we're doing down here.
We're getting mixed reactions. Some people are extraordinarily supportive of what we're doing. They
get that it's something that's necessary, and that technology exists to purify water to a standard that's
drinkable like this.
For some people,there's more of a psychological "yuck factor"they can't get over, and they decline to
try it.
We plan on taking our show on the road to college campuses, food festivals,athletics events—places
where crowds congregate.
Water Deeply: You've always been very candid about this'yuck factor."Why?
Bilodeau: I think people focus on the source of the water and when they think,"Oh boy,the source is
sewage,"they have a natural aversion to that. They don't want to consume that water.
That's understandable.
We conducted focus groups, 15 years ago, and decided early on that the best way to gain acceptance of
our recycled water is to go to the public early and often, and educate them about what we're doing. We
me a government agency, we're not a for-profit entity. We think it's very important to be very candid
7
with the public about how we make this water and why it's necessary for our survival and our
economy in Orange County. You can't get much done in your economy if you don't have any water.
Water Deeply: How would you compare the quality of your water to the bottled water people buy
in stores?
Bilodeau: I would say our water is comparable to distilled water. Distilled water has very low mineral
content, whereas if you buy bottled drinking water, there are minerals added for taste.
We do add some calcium carbonate back into the water. Something you may not realize is that pure
water is very aggressive in that it tries to draw the minerals out of pipes. Water like ours that goes
through reverse osmosis will actually eat away at the metal. So to stabilize the water and prevent that
reaction, you have to add some minerals back in.
I would say our water, if you tasted it, is similar to bottled water. Ironically,here in Orange County
there are bottled-water companies that take up their water through wells, and that's what I replenish.
So that bottled water is essentially water that went through my purification facility. They're essentially
bottling our water.
Water Deeply: This water supply also makes financial sense, doesn't It?
Bilodeau: It's the cheapest new source of water we have. It's cheaper than ocean desalination. And it's
cheaper than importing water from the Sacramento Bay-Delta and the Colorado River,because it's so
energy-intensive to move that water across the state. It's about two-thirds of the price of importing
water. And I would say the water is more pure than the imported sources.
Water Deeply: Isn't it true that all the water we drink is already recycled in some form?
Bilodeau: There's no new water in the world. It's all the same water that just keeps getting recycled
over and over again.
When water is taken up from a river or stream, that water has already been discharged from a sewage
treatment plant upstream. It was cleaned to a federal drinking water standard and discharged to a river
and then taken up again and served to the people. It's used over and over again.
Through the natural distillation process,water becomes vapor in clouds.Then you get
precipitation as snow or rain that goes into streams and rivers.That water is then taken up
and put through a filtration plant, and then it goes into domestic water system.All water
is recycled.
Something the public probably doesn't realize is they have a similar water purification process
on the International Space Station, and all their water is recycled— even the humidity in the
air, as well as urine and everything.All the water on the space station is recycled and they
drink it over and over again. If you want to be an astronaut,you gotta get used to that. Water
is,like, 81b (3.6kg)per gallon. So to ferry water up there,it gets expensive.They'd have to
send a new rocket up there every month just to bring water. Not quite economical.
8
Water Deeply:And this water also gives your customers some self-sufficiency,right?
Bilodeau:Yeah, it's virtually drought-proof,because there's always going to be wastewater
created. It's a local, new source of water that's created.
It's about one-third of our water now.And it wasn't a cheap undertaking on our part.There
was a lot of hand-wringing that occurred when we made this investment.And we've invested
now, I think, $60o million into our recycling program and that's the public's money.
But I will tell you,these past six years have proven it was very much needed. It substantially
buffered the effects of the drought in Orange County. Had we not had our recycling plant
online,the water restrictions would have been much more draconian. Like,you cannot water
your lawn — at all. We would have been in a huge crisis had we not constructed this plant.
Water Deeply:Do you have plans to expand production?
Bilodeau: Currently we manufacture about too million gallons per day.And we want to
undertake the final expansion of the project,which would bring it up to 130 million gallons
per day.
We have to raise the money to do that, and we need about $28o million total.We have a
couple of potential sources. One is a federal government program administered by EPA called
the Water Infrastructure Finance and Innovation Act.We're in the queue to seek funding
from them.They'll loan, I think, 49 percent of your need at a low interest rate.
The other half we're seeking from something called the State Revolving Fund. Right now that
fund is somewhat oversubscribed. But the Trump administration are touting that they want to
get infrastructure built, and we believe they're going to pump more money into this program
so we can go build things that are important to society.
We hope to start the expansion in late 2018. We will be awarding a contract to an engineering
firm in the next 3o days to design the blueprints and everything for the actual final expansion.
So we're going to get this shovel-ready and get our design complete while we're out seeking
the financing.
9
OC Register
ORANGE COUNTY
Water district receives $124 million to expand water
replenishment system
RMOM
lip
10
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_• _ ��� - � � ,°L .tom . - _�
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By Lauren Williams I lawilliams@scng.com I Orange County Register
PUBLISHED: July 19, 2017 at 5:16 pm I UPDATED: July 19, 2017 at 8:49 pm
An internationally recognized purification system credited with turning wastewater into
drinkable water in Orange County will begin the final stage of expansion with a $124
million investment from the U.S. Environmental Protection Agency, officials announced
Wednesday,July 19.
The expansion of Orange County's Groundwater Replenishment System will allow it to
grow by 30 million gallons per day,to a total of 130 million gallons that will provide nearly
half of Orange County communities with 85 percent of their water. People living in
communities of north and central Orange County currently get about 70 percent of their
water from the purification system.
Through the system,wastewater that otherwise would be discharged into the Pacific Ocean
is treated through a series of filtration methods including micro filtration, reverse osmosis
and ultraviolet light that kills viruses — a process that has served as a blueprint for and
regions such as Singapore.
The result is ultra-purified water that is injected into an underground aquifer in Anaheim.
"When we started all this 15 years ago we set our eyes on the final, final expansion which
brings us to 130 million gallons a day," said Denis Bilodeau,board president of the Orange
County Water District. `This will take all the wastewater we can get from the sanitation
that's practical to recycle."
Water purified through the system is more affordable than imported water from the Bay
Delta in Northern California and the Colorado River to the east.The locally cleaned water is
also considered to be more environmentally friendly because it requires about a third of the
energy that imported water needs to get pumped to Southern California and less
wastewater is being pumped into the ocean.
"Environmentally it's superior. It's taking an enormous amount of wastewater that would
go out to the ocean, so for the aquatic environment it's superior as well," Bilodeau said.
The purification system is also more affordable than other sources including imported and
desalted water, and is more dependable in times of drought,said Garry Brown,the founder
of the environmental nonprofit Orange County Coastkeeper who also served on an advisory
panel for the Groundwater Replenishment System.
"It's the only plant like it in the world," said Brown,whose Coastkeeper group has vocally
opposed the building of a desalination plant in Huntington Beach. "The great thing is that
GWRS has been a greater success than anyone anticipated. ... GWRS is the future for
California. It's not lining our coast with desal plants.That's why I'm very passionate for
what we've accomplished here in Orange County. It's shown throughout the world."
11
In 2oo8,the county's water and sanitation districts received the Stockholm Industry Water
Award for innovating the system.
The expansion could keep water rates low because it insulates ratepayers from imported
water costs that have steadily increased by about 6 percent each year, Bilodeau said.
Orange County Water District was among 12 projects chosen by the EPA for$2.3 billion of
investments nationwide.A quarter of the projects granted an EPA loan are in California.
The $124 million loan the water district received will cover about half of the construction
cost to expand the system.The remaining $129 million could come from the state's
revolving fund, Bilodeau said.
12
Advisor News
July 19,2017
AdvisorNEWS
Serving financial growth.
EPA Selects Orange County Project to Apply
for Water Infrastructure Loan
Targeted News Service (Press Releases)
LOS ANGELES,July 19--The Environmental Protection Agency issued the following news
release:
The U.S. Environmental Protection Agency(EPA)has invited the Orange County Water
District to apply for a $124 Million Water Infrastructure Finance and Innovation Act(WIFIA)
loan.The Water District submitted a letter of interest to EPA in April 2017 and was selected
from a group of projects that represent large and small communities from across the United
States.
"Rebuilding America's infrastructure is a critical pillar of the President's agenda," said EPA
Administrator Scott Pruitt. "These large-scale projects will improve water quality for 20
million Americans, especially those communities that need it the most-such as rural and
urban communities."
EPA received a letter of interest from the O.C. Water District about enhancements to the
district's groundwater replenishment system.The project will expand the existing water
recycling plant from loo million gallons a day to 130 million gallons a day by using treated
wastewater from the Orange County Sanitation District Plant#2.The project will add another
31,000 acre-feet of water supply each year, enough water to supply more than 75,000
households, and reduce the amount of imported water needed from Northern California and
the Colorado River.
"The Orange County Water District's (OCWD)favorable financial standing has allowed us to
provide greater water reliability for the region by financing and securing low-cost funding for
critical capital projects like the Groundwater Replenishment System(GWRS)," stated Denis
Bilodeau,president of OCWD. "We are grateful to the EPA for preapproving OCWD to access
WIFIA funding for the final expansion of the GWRS,which is the world's largest advanced
13
water purification facility of its kind.WIFIA will help us increase GWRS production to 130
million gallons per day,which is enough drought-proof water for 1 million people, at a
significant cost savings compared to traditional market loan programs."
"The Orange County Water District's new project could help Orange County to become more
self-sustainable," said Michelle Steel, Chairwoman of the Orange County Board of
Supervisors. "It would create a greater water supply for residents and reduce the need for
imported water."
Other entities selected to apply for WIFIA loans in California, and their respective project
types, are:
*San Francisco Public Utility Commission-wastewater treatment
*City of San Diego-water recycling
*City of Morro Bay-water recycling
EPA received 43letters of interest from both public and private entities in response to the
2017 WIFIA Notice of Funding Availability(NOFA).After a robust, statutorily required
review process,the WIFIA Selection Committee chose 12 prospective projects to submit
applications for loans.
In FY2017,the WIFIA program received $25 million,including an additional $8 million in
the Consolidated Appropriations Act of 2017 which was signed into law by President Donald
Trump on May 5, 2017.This year's projects will also leverage more than a billion dollars in
private capital and other funding sources including EPA's State Revolving Fund(SRF)loans,
to help finance a total of$5.1 billion in water infrastructure investments. The selected
projects demonstrate the broad range of project types that the WIFIA program can finance
including wastewater, drinking water, stormwater, and water recycling projects.
The Water Infrastructure Finance and Innovation Act established by Congress in 2014
requires EPA to follow a selection framework that includes an assessment of letters of interest
by performing an eligibility screening, a preliminary creditworthiness assessment, and an
evaluation of the selection criteria.The WIFIA program selection criteria and respective
weights are available in the WIFIA Handbook(Appendix C,page 53)•
Established by the Water Infrastructure Finance and Innovation Act of 2014,the WIFIA
program is a new federal loan and guarantee program at EPA that aims to accelerate
investment in our nation's water infrastructure by providing long-term,low-cost
supplemental credit assistance for regionally and nationally significant projects. The WIFIA
program's funding in President Trump's FY18 budget is $20 million, an amount that should
fund approximately$1 billion in loans.
EPA fact sheets on the 12 prospective projects can be found at: www.epa.,kov_/wifia/wifia-fv-
2o17-selected-projects-summary-factsheets
For more information about the WIFIA program,visit: htt0s://www.epa.gov/wifia.
14
Mimi Walters Press Release
July 20, 2017
CONGRESSWOMAN
MIMI WALTER W- O#
CALIFORNINS
For Immediate Release Contact: T.W. Arriehi
July 20,2017 (202) 591-5949
Rep. Mimi Walters Says EPA Water Infrastructure Loan Could Help
Millions in Orange County
Washington,D.C.—Rep. Mimi Walters released the following statement regarding the Environmental
Protection Agency(EPA)inviting the Orange County Water District(OCWD)to apply for a Water
Infrastmeture Finance and Innovation Act(WIFIA)loan.
Enacted in 2014,the WIFIA loan program supports investment in critical water infrastructure projects
by providing long-term loans for projects that will have a significant impact in their communities.
If awarded, OCWD would use the WIFIA loan to increase its wastewater recycling capacity from 100
million gallons per day to 130 million gallons per day. This expansion would allow OCWD to serve
2.4 million Orange County residents.
Said Rep.Walters, '7'm pleased OCWD was selected as one of twelve prospective water
infrastructure projects to apply for a WIFIA loan. The announcement comes after my recent letter of
support for OCWD's selection to the EPA's WIFIA Program Director.
"This low-cost loan would allow OCWD to complete the final expansion phase of its Groundwater
Replenishment System, which reduces groundwater imports, while serving millions of Orange County
residents.
'7 am proud to support this fiscally responsible infrastructure project that has the potential to make
Orange County's water supply self=sustaining. I urge the EPA to give full consideration to OCWD's
WIFIA loan application."
15
Orange County Breeze
August4, 2017
V
Agencies develop plan to take advantage of
snow levels and refill OC Basin
August 4th, 2017 This article was released by the Municipal Water District of Orange County.
Municipal
od OAaW
u� Coin
Orange County is working on a plan to refill OC Basin will bring snowmelt and storm runoff from Northern
California.
The Municipal Water District of Orange County (MWDOC) is facilitating a water agreement that will bring
surplus snowmelt and storm runoff from Northern Califomia to Orange County and give the Groundwater
Basin a chance to rebound from historic lows after the drought.
Known as a cyclic storage agreement, the arrangement between MWDOC, the Metropolitan Water District
of Southern California (MWD)and Orange County Water District(OCWD)will recharge the Basin to its
highest level since 2007 and ensure the Orange County Basin is healthy enough to stave off another
drought. Up to 100,000 acre-feet of imported water is available for purchase by OCWD customers in lieu of
pumping water out of the Basin, which is managed by OCWD. Metropolitan is
providing financial credits to cover the extraordinary efforts needed by local agencies to take the additional
treated imported water.
Traditionally, a cyclic agreement is a temporary storage arrangement where water placed into a
groundwater basin is sold and paid for over a period of years. The MWDOC/MWD/OCWD cyclic
agreement differs from a traditional arrangement, in that it allows customers to use treated drinking water
from MWD instead of groundwater at approximately the same cost to the customer.
16
The Basin holds up to 500,000 acre-feet of water, and today serves as a major water supply for 2.4 million
residents.Although the Basin serves north and central county well, natural recharge alone cannot keep the
Basin full; to rectify this, OCWD refills the Basin with advanced treated wastewater via the Orange County
Sanitation District and imported water from MWD via MWDOC. Even with these supplemental sources, the
Basin experienced high levels of drawdown during the 2012-2017 drought.
OCWD's policy is to balance the demand of its member agencies, which want to take as much of less
expensive basin water as possible, while keeping water levels in the basin high enough to provide
reserves. At the height of the historic drought, the Basin was drawn down by 404,000 acre-feet—
considered 82 percent empty.
Record rainfall in northern California refilled surface storage to levels not seen since before the historic
drought. In a short time, reservoirs across the state were full but reduced water consumption, driven down
by conservation mandates, meant a significant portion of northern California water was running out to the
ocean even though it could be diverted to southern California. MWD, seeing groundwater overdraft across
their service area, began working with their member agencies—including MWDOC—to draft cyclic
agreements to refill aquifers with the surplus northern California water.The MWDOC Board of Directors
moved quickly to approve entering the agreement, the results of which may see the groundwater basin
recover to 60 percent. OCWD and its 19 producers overwhelming support the
Board's action, as noted in a July 14 letter signed by the chief executive of each agency.
The Basin serves only about half of Orange County, however a full basin is a great insurance plan for
droughts of the future. Collaboration and leadership are the keys to weathering the next historic drought.
Philosophers can debate whether the glass is half-empty; OC water managers agree that the Basin is best
for everyone when it's full.
17
Twitter Posts
August 2017
Twitter Posts for August 2017
Tweeted 13 times and Retweeted 2 times
60C Sewers @OCSewers 20h20 hours ago
Congrats @CityofSantaRosa for winning Award of Excellence for Public Outreach & Education Campaign
which included OCSD's message of#W2F.
ERoberta Larson @CleanWaterED Aug 22
Jim Colston leads @CASA CleanWater Federal Legislative Com discussion on extending NPDES permit
terms#CASACon2017
18
OC Sewers @OCSewers Aug 22
Tomorrow at 8:30am in Onewportbeachgovv emergency repairs to southbound Dover Dr.will be taking
place. Learn more-atwww.ocsd.com/clover
60C Sewers @OCSewers Aug 22
Great industry discussions on current topics facing special districts.#CASACon2017
OC Sewers @OCSewers Aug 22
Are you a full-time Engineering student? Intern w/OCSD!! Visit .ocsd.com/jobs for more details.
eOC Sewers @OCSewers Aug 18
We recently applied for a USBR grant for the#GWRS a joint effort with our partners (a)OCWDWaterNews
_ocsd.com/Home/ShowDocum._..
OC Sewers @OCSewers Aug 14
"The future belongs to those who believe in the beauty of their dreams." - Eleanor Roosevelt
#MotivationMondav
OOC Sewers @OCSewers Aug 11
OCSD & (o)OCWDWaterNews partnership with#GWRS bottled water was highlighted in Source Magazine!
httos://www.thesou rcemagazine.org/bottles-purified-recycled-water-hit-streets-los-angeles/
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t$OC Sewers @OCSewers Aug 11
Cool picture of what OCSD's maintenance shop buildings looked like in the 1940's. #Flashbackfriday
60C Sewers @OCSewers Aug 9
Do you care about the#environment and #nublichealth?Want to advance your#career?Apply for a !job
with @OCSewers! _ocsd.com/about-us/jobs/_..
MEOW
OC Sewers @OCSewers Aug 8
Check out this funny and informative video from our friends at the Orange County Water District.
httos://www.youtube.com/watch?v=HV11 ooio2Vs
OC Sewers @OCSewers Aug 4
Thank you Assm.Chen for visiting our FV Plant with OCSD's Chair @GreciSebourn Vice Chair Shawver and
Boardmember Tim Shaw.
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60CSewers @OCSewers Aug 4
OCSD wins the Gold for excellence in permit compliance! Thank you (@NACWA.Way to go!
.nacwa.org/about-us/award..._...
60C Sewers @OCSewers Aug 3
Great piece originally published in the Hill! #GWRS.
http://thehill.com/bloas/pundits-bloci/enerciy-envi ron ment/344970-recycl ed-water-better-for-busi ness-
better-for-the-Iona
OC Sewers @OCSewers Aug 2
OC Sewers Retweeted Orange County Water
Operations bottled water continues.#partnership #GWRS
OC Sewers added,
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Orange County Water @OCWDWaterNews
#GWRS water continues its tour, appearing in Santa Cruz County at the @SoquelCreekH2O open house.
#waterreuse
22
Facebook Posts
August 2017
Facebook Posts for August 2017
Posted 23 times
O
Oranee County Sanitation District
Published by Kelly Newell 19 hrs
Today,we had a great session on the real experiences in Public Private Partnerships from City of LA,and Selma
Kingsburg Fowler Sanitation District.#CASACon2017
Oranee County Sanitation District
Published by Kelly Newell 20 hrs
Congratulations to the City of Santa Rosa on their AWESOME Sewerman Campaign that won the Award of
Excellence for Public Outreach and Education Campaign which included OCSD's message.What2Flush-3Ps;Pee,
Poop,and(toilet)Paper.#CASACon2017 Santa Rosa Water
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- �.
- . �
a-
0 �' Q
Oranee County Sanitation District is at City of Newport Beach-City Hall.
Published by Tanya Chun e'August 22 at 4:13pra Newport Beach
CONSTRUCTION ALERT: City of Newport Beach-City Hall,there will be emergency repairs to southbound
Dover Drive north of Westcliff Drive starting tomorrow,August 23 at 8:30 a.m. A depression in the roadway,or a
shallow sinkhole,was identified and will be addressed immediately for repairs to ensure the safety of the public.
Drivers beware-southbound Dover Drive will be closed to thrn traffic while this necessary work takes place.Please
use alternate routes.
Questions?Call the Construction Hotline at(714)378-2965.
www.ocsd.com/dover
Oran¢e County Sanitation District
Published by Jennifer Cabral August 22 at 2:12pm
Great industry discussions on current topics facing special districts.#CASACon2017
24
n..P
Orange Countv Sanitation District
Published by Kelly Newell August 22 at 9:00am
Are you a full time Engineering student?Intend at the Orange County Sanitation Districtll
Gain valuable hands on experience as an Engineering and Construction Intend all while also becoming a part of the
OCSD family.
Visit ocsd.com/iobs for more details.
Jobs I Orange County Sanitation District
OCSD.COM
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Orange County Sanitation District
Published by Jennifer Cabral August 21 at 12:20pm
Thinking of a career in wastewater or water?Santiago Canyon College announces their Water Utility Science Classes
for Fall 2017. Sign up this week as classes start on August 28.
hays://www.secollege.edu/.../Car.../W aterSci/Pages/default.asox
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Orange County Sanitation District
Published by Kelly Newell August 21 at 9:00am
"There will be obstacles.There will be doubters.There will be mistakes.But with hard work,there are no limits."-
Michael Phelps#MotivationMonday
6ty
Sanitation District
Published by Kelly Newell August 19 at 12:00pm
Want to know more about the work that we do?Come take a tour.You'll be glad that you
did!http://www.ocsd.com/residents/tours
Come join us on a tour! Orange County Sanitation District
OCSD is committed to providing a valuable educational experience that focuses on learning the importance of wastewater treatrnent in
protecting the public health and...
OCSD.COM
6
Orange County Sanitation District
Published by Rebecca Gorelick Lone August 18 at2:I8pm
We are hoping to receive a grant from the United States Bureau of Reclamation for our water recycling project which
will increase the amount of water sent to the#GWRS,ajoint effort of OCSD and the Orange County Water District.
httos://www.ocsd.com/Home/ShowDocument?id=20799
www.ocsd.com
OCSD.COM
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Orange Countv Sanitation District
Published by Kelly Newell -August 18 at 9:00=
Happy#FlashbackFriday! This photo is from the 1960's and shows then OCSD employee Glen Harris in the Control
Center at Plant No.I which was built over the old headworks.The structure is still around,but it's hidden behind our
Centeral Generation building. *Side note-the old control center had multiple levels and still does to this day.
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Oran_e County Sanitation District
u
Your future might be with the Orange County Sanitation District!
We are currently looking for a Full-Time Data Management Technician.
If you are fluent in Maximo and AutoCAD check out thejob listing onocsd.com/iobs
Jobs I Orange County Sanitation District
OCSD.COM
6
Orange County Sanitation District
Published by Kelly Newell-August 16 at 9:00am
It's Wastewater Word of the Week Wednesday!
This week,we have a speacial freak instead of sharing just one word,we have a word search activity you can print
out and complete!
The first five(5)people who post their completed word search on their Facebook page and tag OCSewers will win a
free OCSD What2Flush swag bag!
...See More
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Oranee County Sanitation District
Published by Kelly Newell August 14 at 9:OOam
"The fixture belongs to those who believe in the beauty of their dreams."-Eleanor Roosevelt#MotivationMonday
Oranee County Sanitation District
Published by Kelly Newell August 12 at 9:00am
In 1954,#OCSD treated 30 million gallons of wastewater a day.Today,we treat nearly 185 million
gallons! #funfact#trivia
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Oranee County Sanitation District
Published by Kelly Newell August 1 I at 2:OOpm
OCSD and OCWD's partnership with#GWRS bottled water was highlighted in Source Magazine!
rehttps://www.thesourcemagazine.org/bottles-purified-recycled-water-hit-streets-los-angelesi
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Bottles of purified recycled water hit the streets of Los Angeles - The Source
Around 2,000 bottles of purified wastewater have been handed out along Hollywood Boulevard in Los Angeles,by Orange County
utilities to demonstrate the safety...
THESOURCEMAGAZINE.ORG
Oran¢e Countv Sanitation District
Published by Kelly Newell August 11 at 9:Inam
Cool picture of what OCSD's maintenance shop buildings looked like in the 1940's.#Flashbackfriday
Oranee County Sanitation District added 5 new photos.
Published by Tanya Chone'August 10 at 11:24am
CONSTRUCTION ALERT: City of Tustin, summer construction work at the intersection of Red Hill Ave and
Mitchell Ave is almost complete! Paving will take place this weekend so please use alternative mutes to avoid all the
activity.Northbound Red Hill Ave will be closed to thin traffic There will only remain a few miscellaneous items to
wrap up after paving before we are completely out of the intersection!
This Friday night, suthbound Red Hill Ave will be closed to thru traffic at Edinger Ave.with work continuing
through Saturday. But the good news is construction at this intersection is nearing completion as well.
Visitwwwricsil.com/redhill for more information.
Here are some photos of construction work at the Red Hill-Mitchell intersection from last weekend:
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I +
Orange County Sanitation District
Published by Kelly Newell August 8 at 12:00pm
Do you care about the#environment and#publichealth?Want to advance year#career?
If you're interested,apply for a#job with the Orange County Sanitation District!
hav://www.ocsd.coni/about-us/iobs/iob-openings
Job Openings I Orange County Sanitation District
OCSD.COM
I@
Orange County Sanitation District
Published by Kelly Newell August 7 at 9 00am
"Press forward. Do not stop,do not linger in yourjoumey,but strive for the mark set before you."-George
Wbitefield#MotivationMonday
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Orange Countv Sanitation District
Published by Rebecca Gorelick Lone-August 4 at 12:17pm
OCSD wins the Gold! This is the 4th year that OCSD has been recognized on behalf of National Association of Clean
Water Agencies(NACWA)for our excellence in permit compliance.Way to go!htm://www.nacwa.org/about-
us/awards/oeak-nerfonnance-awards
Peak Past Honorees
Louisville and Jefferson County Metropolitan Sewer District,KY Cedar Creek Water Quality Treatment Center Staryiew Estates Water
Quality Treatment Plant
NACWA.ORG
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Orange County Sanitation District
Published by Kelly Newell August 4 at 9:00.
Every Friday,we're sharing photos of OCSD employees hard at work and we're calling it#OCSDatWork.
Here is Luc Tang of Plant 2 clearing a plugged polymer distribution line in a Dissolved Air Flotation Thickener
(DAFT)center column.A DAFT is a big,open topped tank that pulls thickened sludge from the bottom and skims
lighter sludge from the top.The middle of the tank produces a little cleaner water which further moves through the
reclamation process.According to Senior M...
See More
6
Orange Cou try Sanitation District
Published by Rebecca Gorelick Lone August 3 at 2:43pm
Take a look at the opinion piece originally published in The Hill by OCSD Chair Greg Seboum and Orange County
Water District Board President Denis Bilodeau highlighting the#GWRS.http://thehill.conV.../344970-recveled-
water-better-for-busin....
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r
Recycled water: Better for business, better for the lone haul
OPINION I with innovative thinking and forward-looking commihnents from all levels of government,we can fix the water shortage.
THEHILL.COM
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Orange County Sanitation District
Published by Kelly Newell-August 2 at 9:00am
It's Wednesday,which means it's time for OCSD's Wastewater Word of the Week!
This week's word is:Multiple Tube Fermentation Technique
Continuing on with the types of ways water samples can be analyzed,the second method is the Multiple Tube
Fermentation Technique.This uses test tubes containing nutrient-rich broth or food(media)specific to the indicator
bacteria.These tubes are inoculated with several dilutions of the original water sample.
...See More
Multiple tube fermentation
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ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology
Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARS California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CIP Capital Improvement Program
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA US Environmental Protection Agency
FOG Fats, Oils, and Grease
gpd gallons per day
GWRS Groundwater Replenishment System
ICS Incident Command System
IERP Integrated Emergency Response Plan
LOS Level Of Service
MGD Million Gallons Per Day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O & M Operations & Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
OOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
PCSA Professional Consultant/Construction Services Agreement
PDSA Professional Design Services Agreement
POTW Publicly Owned Treatment Works
ppm parts per million
PSA Professional Services Agreement
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
Glossary of Terms and Abbreviations
SARFPA Santa Ana River Flood Protection Agency
SARI Santa Ana River Interceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAW PA Santa Ana Watershed Project Authority
SCADA Supervisory Control And Data Acquisition
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SRF Clean Water State Revolving Fund
SSMP Sewer System Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
W ERF Water Environment & Reuse Foundation
WIFIA Water Infrastructure Finance and Innovation Act
WIIN Water Infrastructure Improvements for the Nation Act
W RDA Water Resources Development Act
Activated sludge process — A secondary biological wastewater treatment process where
bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume
dissolved nutrients in the wastewater.
Benthos —The community of organisms, such as sea stars, worms, and shrimp, which live on,
in, or near the seabed, also known as the benthic zone.
Biochemical Oxygen Demand (BOD) — The amount of oxygen used when organic matter
undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of
organic matter in water.
Biogas—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a
digester tank that can be used as a fuel.
Biosolids—Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farmland or further processed as an earth-like product for commercial and home gardens to
improve and maintain fertile soil and stimulate plant growth.
Glossary of Terms and Abbreviations
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of
assets. Also includes treatment improvements, additional capacity, and projects for the support
facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but
also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most
common bacteria in wastewater.
Collections system— In wastewater, it is the system of typically underground pipes that receive
and convey sanitary wastewater or storm water.
Certificate of Participation (COP)—A type of financing where an investor purchases a share of
the lease revenues of a program rather than the bond being secured by those revenues.
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (DIT) — The dilution at which the majority of people detect the odor
becomes the D/T for that air sample.
Greenhouse Gases (GHG) — In the order of relative abundance water vapor, carbon dioxide,
methane, nitrous oxide, and ozone gases that are considered the cause of global warming
("greenhouse effect').
Groundwater Replenishment System (GWRS) — A joint water reclamation project that
proactively responds to Southern California's current and future water needs. This joint project
between the Orange County Water District and the Orange County Sanitation District provides 70
million gallons per day of drinking quality water to replenish the local groundwater supply.
Levels Of Service (LOS) — Goals to support environmental and public expectations for
performance.
N-Nitrosodimethylamine (NDMA) — A N-nitrosamine suspected cancer-causing agent. It has
been found in the Groundwater Replenishment System process and is eliminated using hydrogen
peroxide with extra ultra-violet treatment.
National Biosolids Partnership (NBP)—An alliance of the National Association of Clean Water
Agencies and Water Environment Federation, with advisory support from the US Environmental
Protection Agency. NBP is committed to developing and advancing environmentally sound and
sustainable biosolids management practices that go beyond regulatory compliance and promote
public participation to enhance the credibility of local agency biosolids programs and improved
communications that lead to public acceptance.
Plume — A visible or measurable concentration of discharge from a stationary source or fixed
facility.
Glossary of Terms and Abbreviations
Publicly Owned Treatment Works (POTW) —A municipal wastewater treatment plant.
Santa Ana River Interceptor(SARI) Line —A regional brine line designed to convey 30 million
gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean
for disposal, after treatment.
Sanitary sewer—Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban runoff.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing
emissions from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated sludge
process, where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total Suspended Solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Urban runoff—Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed—A land area from which water drains to a particular water body. The Orange County
Sanitation District's service area is in the Santa Ana River Watershed.