By: Julie Nahrgang
Summertime, when the livin’ is… HOT. Living in Texas often feels like we’re living in extremes. These swings and extremes of course show up in Texas’ water resources. We see them play out in drought, flood, infrastructure finance conversations and policy, flood control, and regulatory issues involving water treatment. And this year, as we move through the election cycle and into the 89th Texas Legislative Session, the whiplash of water policy extremes will be on full display.
TEXAS LEGISLATIVE SESSION
The Texas House and Senate Committees are swiftly moving through the interim session. And while some House and Senate Committee interim charges are getting broader coverage, others may move through the interim without hearings and publish slim reports. That said, one of the most active and influential committees for water issues in Texas is the Senate Water Agriculture and Rural Affairs Committee. It has held one committee meeting on May 15 in Austin and will hold a second meeting on September 3, at 10AM. On deck for the 9/03 discussion includes: water system reliability and monitoring the implementation of legislation addressed by the 88th Legislature including; SB 28 - the Texas Water Fund Bill and SB 1289 - the onsite blackwater reuse bill. WEAT will provide written testimony to help inform committee members around clean water funding needs when considering water funding bills.
The House Natural Resources Committee should hold a hearing sometime this fall. Based on their interim charges;
1. Monitoring: Monitor the agencies and programs under the Committee’s jurisdiction and oversee the implementation of relevant legislation passed by the 88th Legislature.
2. Water Reuse Expansion: Examine opportunities to expand the reuse of waters in Texas as an additional water supply and identify funding deficiencies for water reuse projects and regulatory impediments that make expansion of water reuse difficult in Texas.
3. Reliability of Clean Water Access: Evaluate the causes, durations, and incidence of boil water notices issued by public water systems.
4. Groundwater Infrastructure: Examine Texas groundwater data infrastructure, data collection, and monitoring practices we are likely to see water reuse and implementation of SB 28 take center stage at the HNRC hearing. WEAT will likely provide written testimony once again pointed at informing committee members on the importance of funding for wastewater infrastructure.
Another issue that hasn’t shown up in interim charges but is on everyone’s radar is PFAS. Specifically, PFAS in land applied biosolids. The ongoing litigation and suit brought by a Johnson County Texas farmer and rancher against a Class A biosolids land applier has garnered local and even international attention. It has also caught the ear of a number of elected officials. The EPA is moving through its steps to publish rules around PFAS in biosolids, influent, and effluent. However, the EPA is still in the information gathering phase of their movement to rule writing. Workingwith NACWA, EPA has identified the top 400 largest POTWs in the country and will be requiring them to fill out Information Collection Requests (ICRs). Later down the line, 300 of the 400 POTWs will be required to take samples of influent, effluent, collection system, and biosolids and test for PFAS. 17 of those utilities tapped by the EPA are in Texas. The EPA only recently published the two methods for PFAS detection on the clean water side – method 1633 and 1621 are published but have not been adopted as rule. The EPA is also conducting its first biosolids risk assessment since 1993. The report is due out in late fall or early winter. However, this could be delayed due to the election year and staffing changes. All of this is to say that updated guidance and reporting regarding PFAS in biosolids and wastewater is coming. But it’s not here yet. And abruptly forcing our utilities to change disposal methods while rule writing is in process is an extremely costly move that puts the burden of PFAS cleanup back on the rate payer instead of the producer and will likely cause a whiplash-like change when the EPA promulgates its rules.
WEAT is developing a PFAS task force that is set to produce white papers detailing the EPA’s timelines, existing regulation, and cost and feasibility of landfilling biosolids by our utilities. This task force will represent different stakeholders and PFAS thinkers as we seek to create clarity and provide information for our elected officials and rate paying public on PFAS in biosolids.
PFAS will be one of several topics discussed at the upcoming Water Environment Horizon Conference on November 12, 2024 at the Long Center for the Performing Arts. Other topics include implementation of SB 28, the water environment horizon of the 89th Texas legislature, seawater desal, and other prevailing topics provided by a panel of utility leaders. Go here to sign up.
ON THE FEDERAL FRONT
For many in the water industry, one of the most anticipated Supreme Court rulings coming out of this summer was the Chevron ruling. The ruling is nuanced, but at its distillation, when the Supreme Court struck down the so-called “Chevron Deference” doctrine, it struck down 40 something years of regulatory agencies given the authority to interpret the laws that they were tasked with enforcing. While this is a major departure from the preceding decades of regulatory agency imbued authority and MO, many pundits do not predict an immediate gutting or tidal wave of change for the EPA or regulatory compliance. Change will likely be incremental. That said, we know change brought about by the election in November could produce immediate transformative change for the EPA and our regulatory agencies.
There is good news on the WIPPES Act front as the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act passed the US House of Representatives on June 12 with a vote of 351-56. It will hopefully enjoy a “hotlining” process in the Senate Committee on Commerce, Science, and Transportation and be added to a must pass bill in the Senate. We hope to see this bill become law in the near future. It’s important to note that the woven fabric industry, or wipes manufacturers are largely supportive of this bill and effort. Legislation, suits, and settlements have been forging on for years now as the havoc from wipes binding grease bergs and wipes at our lift stations and in our collection systems have garnered more coverage, press, and caused SSOs.
We are still closely watching the PFAS liability exemption legislation, which is still being negotiated in the Senate Environment and Public Works Committee. We have heard from some committee members that they are reluctant to provide liability coverage until lawsuits begin to fly from individuals to utilities. So, in essence, it’s not a problem until it becomes a problem. WEF and NACWA will continue to work with Senators to inform and educate them on the necessity of liability exemption as utilities are the passive receivers of PFAS that will be bearing the burden of cleanup. They are not the producers. Any liability suits should squarely rest on the shoulders of the producers.
And finally, news has not improved on the SRF front as the House version of SRFs for FY 25 appropriations is still looking more like a slush fund for earmarks than capitalization grant funding for clean water and drinking water infrastructure projects.
WEAT will continue to monitor these issues and many others as summer moves into fall and the far horizon becomes the near horizon. Take care, be well, and thank you for all you do for Texas water!