White House Finalizes Clean Water Act Rule

clean water infographic
An infographic created by the EPA aims to clarify the rule

On May 27, 2015, the White House finalized the EPA’s “Waters of the United States” rule amid both praise and protest. According to the EPA, the rule is intended to strengthen the Clean Water Act by clarifying which bodies of water fall under the control of the Clean Water Act of 1972.

Gina McCarthy, Administrator of the U.S. EPA, praised the rule by saying, “The Clean Water Act has protected our health for more than 40 years – and helped our nation clean up hundreds of thousands of miles of polluted waterways…Using the latest science, this rule clears up the confusion, providing greater certainty for the first time in more than a decade about which waters are important to protect.”

And White House Senior Advisor Brian Deese, who announced the rule with EPA and Army Corps officials, had very strong words in favor of the rule: “There is a lot of misinformation about what this rule does and doesn’t do. But what becomes clear…is that the only people with reason to oppose the rule are polluters who knowingly threaten our clean water.”

However, the rule does have some strong opposition. Republicans and developers, along with the agricultural and oil industries, have vehemently opposed the ruling since its initial draft, saying that it is a massive power grab by Washington.

“The administration’s cavalier attitude toward expanding the federal government’s authority into our backyards is absolutely outrageous,” said Sen. David Vitter (R-La.) in a statement. “Not only were small businesses – who will be dramatically impacted by expanding of the definition of ‘waters of the United States’ – inappropriately excluded from the rule-making process, but the federal government shouldn’t be regulating puddles on private property in the first place.”

Although this is a final rule, there is legislation to block it that has passed the House and is waiting in the Senate.

We are growing!

Tata & Howard's Jack O'Connell, P.E., Senior Vice President, who is overseeing construction, speaks with Seaver Construction's Mark Pelland, Superintendent of Construction
Jack O’Connell, P.E., Senior Vice President, who is overseeing construction, speaks with Seaver Construction’s Mark Pelland, Superintendent of Construction, in the new space.

Tata & Howard continues to grow at a pace where we have now outgrown our offices! Therefore, we have begun construction on an additional 4,645 square feet of space in our Marlborough, MA corporate headquarters. The additional square footage will add workspace for 18 employees as well as an additional conference room, modeling room, and printing/plotting room. ACTWO Architects from Wayland, MA designed the space, and Seaver Construction from Woburn, MA is handling the construction. Construction is expected to be completed in June.

U.S. Government Recommends Lower Level of Fluoride in Drinking Water

The United States government has recommended a lower level of fluoride in drinking water for the first time in 50 years.

The Department of Health and Human Services (DHHS) has suggested that public water supplies contain between 0.7 and 1.2 milligrams of fluoride per liter since 1962. However, on Monday, DHHS made an announcement that they now recommend that fluoride not exceed 0.7 milligrams per liter. The new recommendation has been in the works since 2011.

fluorosis
Degrees of fluorosis

Two-thirds of American water utilities add fluoride to drinking water in an effort to reduce cavities. However, because fluoride is now found in so many other sources, including toothpastes and fluoride rinses, many people are receiving too much fluoride, which can result in fluorosis. Fluorosis causes tooth staining, from mild cases which produce white spots, to severe cases which produce brown spots and mottled teeth. Today, 41% of adolescents between the ages of 12 and 15 have some degree of fluorosis, and the number is rising. When the initial fluoride recommendation was made in 1962, fluoride was found in far fewer sources.

Fluoridation of water has come under fire recently, with experts weighing in on both sides of the argument. Deputy Surgeon General Rear Admiral Dr. Boris Lushniak supports fluoridation. “Community water fluoridation continues to reduce tooth decay in children and adults beyond that provided by using only toothpaste and other fluoride-containing products,” he commented.

Fluoride is now found in almost all toothpastes and rinses
Fluoride is now found in almost all toothpastes and rinses

But Dr. Philippe Grandjean, an environmental health researcher and physician at Harvard University, disagrees, stating that there has been insufficient research in recent years to support the benefits of widespread fluoridation. “We need to revisit those benefits to make sure that the old reports are still valid for the current fluoride exposure situation,” Grandjean stated.

Dr. Grandjean is one of a growing group who advocates only using fluoride topically, and to avoid swallowing it. He notes that fluoride produces the bulk of its benefits topically, and that ingestion exposes the internal organs to unnecessary chemical burden. Recent studies have suggested a possible link between drinking water fluoridation and ADHD, as well as hypothyroidism. Some Chinese studies have even suggested a link between high fluoride levels in drinking water and reduced IQ.

“I’d say it’s a reasonable concern that fluoride can affect brain development,” Grandjean says. “Lowering the recommended fluoridation level to 0.7 mg per liter is very well-justified. I would in fact recommend that the level be reduced even further,” stated Dr. Grandjean, adding that cavities have declined at similar rates in countries with and without public drinking water fluoridation.

AWWA submits comments on EPA’s draft CCL4

glass of waterAWWA has submitted comments to the EPA on the draft Fourth Contaminant Candidate List (CCL4). The draft CCL4, originally published in the Federal Register on February 4, 2015, listed 100 chemicals and 12 microbial contaminants. However, AWWA has recommended that the final CCL4 only include 20-50 compounds and that the EPA “use an alternative contaminant identification process to select a shorter list of compounds of greatest potential concern”.

To read the AWWA’s full comments, click here.

AWWA and EFCN partner to offer no-cost webinars for small water systems

small water utility eventsAs part of the EPA Competitive Assistance Award process, AWWA and the Environmental Finance Center Network are partnering to offer the following no-cost web trainings designed specifically to meet the needs of small water systems. You do not need to be an AWWA member to participate – but advance registration for each event is required.

April 14, 2015 | 1:30–2:30PM (eastern)

Key Financial Indicators

Is your water system financially healthy? This webinar will discuss and examine the key financial indicators that allow small systems to make informed decisions in planning and investment. The webinar will include training on how to calculate and interpret your system’s operating ratio, debt service coverage ratio, current ratio, and days of cash on hand. The webinar will also discuss how funders use these numbers in deciding whether or not to loan your system money needed for capital improvements.

Attending this webinar will help you to:

  • Better understand your system’s operating ratio, debt service, coverage ratio, current ratio, and days of cash on hand
  • Understand your costs and revenues
  • Move from “paycheck to paycheck” to longer term planning

Click here to register for this event.

April 16, 2015 | 1:00–2:00PM (eastern)

Asset Management IQ: How much do you know about AM tools and resources?

This interactive webinar will include an overview of Asset Management core principles and community/organization level of engagement with Asset Management. There are many tools and resources that communities can use as they move through the process of developing an Asset Management plan. This webinar will also provide an overview of available tools and resources.

Attending this webinar will help you to:

  • Understand the concepts and practices of Asset Management
  • Gauge system-wide level of understanding and engagement in Asset Management planning
  • Understand how to conduct asset management using simple and complex tools
  • Be presented with a breadth and depth of resources that support community asset management efforts

Click here to register for this event

Please direct any webinar-specific questions to Khris Dodson at kdodson@syracusecoe.org.

Please direct all other small system training questions to Kami Johle Butt at kbutt@awwa.org.

In-Person Workshops

These training partners are also offering several in-person training opportunities for small water systems:

  • Oregon, Financial Management Workshop, April 8, 2015
  • Louisiana, Asset Management and Water Loss Workshop, April 14, 2015
  • Rhode Island, Management and Finance Tools and Techniques, April 14, 2015
  • New Jersey, Small System Operator Training: Achieve and Maintain Compliance with SDWA, April 14 and April 21, 2015 (Two half day workshop)

Click 2015 Workshops for more information about these and other no-cost small system workshops sponsored by these training partners.

EPA Launches Water Utility Response On-The-Go Mobile Site

Water Utility Response On-The-GoThe US Environmental Protection Agency (EPA) has launched a brand new field-accessible mobile website. Water Utility Response On-The-Go is an innovative tool that consolidates information and tools that water utility operators and their response partners may need during an emergency. The tool is ideal for small systems that lack a large support network in place when natural disasters strike.

Water Utility Response On-The-Go allows users to accomplish the following:

  • identify and contact emergency response partners
  • monitor local and national severe weather conditions
  • review and complete incident-specific checklists; and populate
  • save and email both generic damage assessment forms and FEMA incident command system forms.

The Water Utility Response On-the-Go Mobile Website is available at epa.gov/responseotg.

For more information or questions about this tool, please contact Bailey Kennett at 202-566-1344 or Brian Pickard at 202-564-0827 of EPA’s Water Security Division.

Worcester DPW’s Michael F. Ferguson Receives Thomas S. Green Award

michael_f_fergusonFive City of Worcester, Massachusetts municipal employees were honored with Thomas S. Green Public Service Awards on March 25 at Assumption College, including Worcester Department of Public Works and Parks Principal Civil Engineer Michael F. Ferguson. Mr. Ferguson is the primary contact for the city’s complex water distribution system and has helped oversee the city’s Water Abatement Appeal Committee, which addresses customer concerns. Congratulations, Michael!

For more information: https://j.mp/1IDLeE1

Kenneth M. Fischer, CPA, CGMA, CEPA joins the T&H team as Chief Financial Officer/Treasurer

KenFischerSmallKenneth M. Fischer brings over 35 years of financial experience with a strong general management background to the T&H team. His previous positions as CEO/President, COO, and CFO of several mid-cap companies provided him with a successful track record as point person in numerous strategic and complex financial transactions. He has significant experience in manufacturing, engineering, distribution, healthcare, and financial services industries.

His current affiliations include Director of the Schepens Eye Research Institute (affiliate of Harvard Medical School, Boston, MA), Trustee of Massachusetts Eye and Ear Infirmary (affiliate of Harvard Medical School, Boston, MA), and Trustee and Chair of Finance Committee, Executive Service Corps New England (ESCNE), Boston, MA.

Ken holds an MS in Taxation from Bentley, an MBA from Babson, and a BA in Economics from Providence College, as well as advanced certifications from Harvard Business School, Yale School of Management, and Boston University. He works out of our Marlborough office and can be reached at 508-303-9400 x123 or kfischer@tataandhoward.com.

Summary of 2014 Draft MA Small MS4 General Permit

MarlboroughMA_Stormwater10The long awaited 2014 Draft Massachusetts Small Municipal Separate Storm Sewer Systems (MS4) General Permit was released on September 30th, 2014.  It is important to note that this permit is still in draft form and that the current 2003 MS4 Permit is still administratively effective. The public comment period is 90 days, ending on December 29, 2014. During the comment period, public meetings and hearings will be scheduled for Municipalities and the general public to ask questions and learn more about the permit. One public hearing has already been scheduled for November 19, 2014 at 1:00 p.m. at Leominster Public Library. Representatives from Tata & Howard will be at the Leominster hearing taking notes and asking necessary questions.

The draft permit and associated documents can be found here. Currently, US EPA estimates costs of compliance for the six minimum controls measures to be between $78,000 and $829,000 per year, averaged over the permit term. The application for coverage and reporting requirements are similar to the current procedures of the 2003 Massachusetts MS4 Permit, and the six minimum control measures are comparable to the most recent 2013 Draft New Hampshire MS4 Permit.

The most significant change in the new permit is for the Water Quality Based Effluent Limitations.  The permit names specific MS4 Communities and requirements to address Total Maximum Daily Loads (TMDLs) and Water Quality Limited Waters.  These requirements, listed in Appendix F and H of the new permit, are detailed and provide phased plans that extend up to 20 years past the permit’s start date.  Some of these reductions for established TMDLs require specific numerical percentage reductions.  All other approved TMDLs, including parameters for nutrients (nitrogen and phosphorus), bacteria, pathogen, and metals, require non-numeric reductions. Many MS4 Communities are on these lists.  For more information on TMDL and Water Quality Limited Water requirements for a specific community, or for assistance with questions or comments on the draft permit, please contact Tata & Howard.