May 2, 2018
Virginia Department of Environmental Quality
State Water Control Board
629 E Main Street
Richmond, VA 23219
Subject: Virginia Water Reclamation and Reuse Regulation (9VAC25-740)
Triennial Review Comments
To Whom It May Concern:
Loudoun Water provides public water and wastewater services for the unincorporated portions of Loudoun County, Virginia. The mission of Loudoun Water is to sustainably manage water resources in advocacy of health, environment, and quality of life. Loudoun Water is committed to the values of Integrity, Innovation, Leadership, and Stewardship. Our reclaimed water program is an expression of these values. Established in 2011, our reclaimed water program now serves more than 1.5 MGD to 30 customers in our service area. We capture value from these reclaimed water demands through nutrient management, potable water demand management, and increased total water supply capacity.
Loudoun Water has gathered customer, staff, and utility stakeholder perspectives to generate the following comments regarding 9VAC25-740, the Virginia Water Reclamation and Reuse Regulation. These comments are grounded in the experiences of these stakeholders, our knowledge of successful regulatory frameworks used in other states, and our desire to promote and encourage the use of reclaimed water as outlined in 9VAC25-740-20. Comments are intended to align Virginia’s Reuse Regulations with successful frameworks implemented in other states as well as to capture existing and emerging reuse opportunities that have proven to be protective of the environment and public health.
Retitling Reclaimed Water: Stakeholders support retitling Reclaimed Water under 9VAC25-740-10 as “Recycled Water” to demystify and improve initial product perception. The benefit of renaming to Recycled Water is enhanced public awareness and acceptance. Other states (Arizona and California) have experienced positive results re-titling to this more familiar nomenclature for the general public.
Access Control and Advisory Signs: Stakeholders strongly encourage amending the signage and labeling requirements provided in 9VAC25-740-160 to better align with other states (Florida and California), including removal of “Caution” as a preceding word to “Do Not Drink.” For example, Florida Administrative Code 610.468 for Access Control and Advisory Signs is preferable to the existing requirements of 9VAC25-740-160. Loudoun Water has been rejected by potential reclaimed water customers because they feel this signage requirement envokes a negative public perception. Requiring the use of the word “caution” is inconsistent with the long record of safe use across the country and inadvertantly creates the appearance that the state’s disinfection requirements do not, in fact, safegaurd workers or the general public. Perceptions of risk and safety are distorted by the “caution requirement,” which should be eliminated. Additionally, requiring indoor reclaimed water piping to be labeled with the caution notification every 3 feet is burdensome and unnecessary. Stakeholders believe that the “purple pipe” color requirement is a reasonable alternative to the existing indoor piping requirements.
De Minimus Provision: Stakeholders encourage the Board to adopt a universal “De Minimus” provision applicable to all reclaimed water permit holders which would hold harmless those providers and users of reclaimed water with unplanned releases of less than 5,000 gallons. Such a provision would establish a minimum volumetric threshold for reporting unplanned releases of reclaimed water and lessen the burdensome reporting of inconsequential releases to ground. Potential reclaimed water customers often forgo potential connections to reclaimed water service because of their uncertainty regarding the possible negative consequences of minor system leakage.
Humidification: Stakeholders request that that Virginia State Water Control Board acknowledge and enroll Industrial Humidification as an approved use for Level 1 reclaimed water. Doing so would allow reclaimed water to serve air cooled facilities and broaden the use potential of reclaimed water across the Commonwealth. Loudoun Water’s independent research on the use of reclaimed water in this application has concluded health risks are similar to potable water applications.
Funding to Support Reclaimed Water: Stakeholders encourage the Commonwealth to modify the eligibility criteria of existing state-supported grants and tax-incentives related to recycling and environmental protection to be inclusive of reclaimed water projects. Doing so will better enable the state to achieve the sustainability and stewardship goals underpinning 9VAC25-740.
Develop a Comprehensive Potable Reuse Framework: Potable Reuse opportunities are emerging in the Commonwealth at a rapid pace. Stakeholders encourage the Virginia State Water Control Board to develop a comprehensive potable reuse framework inclusive of both indirect and direct potable projects. HRSD’s SWIFT project as well as California’s Assembly Bill No. 574 directing California’s State Board to develop Direct Potable Reuse regulations are strong indicators for the need for Virginia to develop a framework aligned with emerging water resource management opportunities. Indeed, USEPA’s April 2018 report “Mainstreaming Potable Water Reuse in the United States” provides an evidence-based template for planning, regulating, and managing potable reuse systems. Loudoun Water echoes the American Water Works Association (AWWA) in recognizing the value of high quality reclaimed wastewater—treated to appropriate standards—as a sustainable supplement to a region’s water supply portfolio.
Thank you for considering these comments. We look forward to partnering with the Virginia State Water Control Board to develop reasonable, evidence-based, and effective policies to benefit communities across the Commonwealth. Please feel free to contact me to discuss these comments or other related matters at 571-291-6513 or JAngiel@loudounwater.org .
Sincerely,
Jeffrey D. Angiel
Director of Water Reclamation
Loudoun Water