Cultivating effective utility-regulator relationships around innovation: Lessons from four case studies in the U.S. municipal wastewater sector

PLOS | August 26th, 2022

Regulation is critical for protecting public and environmental health but is often perceived as a barrier to innovation in the U.S. municipal wastewater sector. Before a

Regulation is critical for protecting public and environmental health but is often perceived as a barrier to innovation in the U.S. municipal wastewater sector. Before a wastewater utility can implement a new technology, it must navigate applicable regulatory processes and obtain necessary approvals, often including obtaining an updated wastewater discharge permit. While all regulatory processes involve interactions between regulators and regulated entities, innovative projects may require them to engage in new ways, heightening the importance of the relationships between them. We investigated four case studies to examine how regulatory relationships affect municipal wastewater utilities’ efforts to adopt new technologies. Through cross-case analysis, we identified five interconnected characteristics of regulatory relationships that appear to facilitate innovation, and whose absence could impede it: clarity, capacity building, continuity, trust, and bounded flexibility. Appropriately applied bounded flexibility—such as using regulatory discretion to tailor permits to reflect the particular risks, benefits, and information needs of the technology at issue—may be key for enabling socially and environmentally beneficial innovation. Yet all five characteristics play important and mutually reinforcing roles in supporting innovation. By cultivating these characteristics in their relationships, both utilities and regulators can take responsibility for enabling appropriate implementation of innovative technologies. However, some parties, particularly small and under-resourced utilities, may find cultivating these characteristics difficult. Therefore, sector-wide support for effective utility-regulator relationships, including coordinated regulatory and funding programs targeted to meet small utilities’ needs, may be needed to bring beneficial innovation within reach for many wastewater utilities and the communities they serve.

Current Knowledge and Data Needs for Dioxins in San Francisco Bay

San Francisco Estuary Institute (SFEI) | January 2nd, 2019

San Francisco Bay was placed on the State of California’s 303(d) list of impaired waters in 1998 as a result of elevated concentrations of dioxins in fish. In 2008 the

San Francisco Bay was placed on the State of California’s 303(d) list of impaired waters in 1998 as a result of elevated concentrations of dioxins in fish. In 2008 the Regional Monitoring Program for Water Quality in San Francisco Bay (RMP) Dioxins Workgroup developed a workplan for reducing information gaps that were identified in a 2004 Conceptual Model/Impairment Assessment (CMIA) report on dioxins. Special studies in that workplan were largely completed by 2012, but continued monitoring of biota provided evidence of impairment and an opportunity for evaluating trends. Fish tissue concentrations indicate that the beneficial use of commercial and sport fishing is impaired by dioxins. Although there are dioxin-like PCBs also contributing to impairment, this report only directly addresses polychlorinated dibenzodioxins and furans (here collectively called “dioxins”). 

Current-Use Pesticides, Fragrance Ingredients, and Other Emerging Contaminants in San Francisco Bay Margin Sediment and Water

San Francisco Estuary Institute (SFEI) | February 28th, 2020

The Regional Monitoring Program for Water Quality in San Francisco Bay (RMP) has recently focused attention on better characterization of contaminants in nearshore “ma

The Regional Monitoring Program for Water Quality in San Francisco Bay (RMP) has recently focused attention on better characterization of contaminants in nearshore “margin” areas of San Francisco Bay. The margins of the Lower South Bay are mudflats and shallow regions that receive direct discharges of stormwater and wastewater; as a result, they may have higher levels of urban contaminants than the open Bay. In the summer of 2017, the RMP collected samples of margin sediment in the South and Lower South Bay for analysis of legacy contaminants. The studydescribed here leveraged that sampling effort by adding monitoring of sediment and water for two additional sets of emerging contaminants: 1) current-use pesticides; and 2) fragrance ingredients including the polycyclic musk galaxolide, as well as a range of other commonly detected emerging contaminants linked to toxicity concerns such as endocrine disruption. A number of current-use pesticides were observed in margin samples. Bifenthrin, a current-use pesticide commonly detected in freshwater sediments at concentrations associated with aquatic invertebrate toxicity, was present in 3 of 12 sites at concentrations ranging from 1.3 to 1.7 μg/kg dry weight (dw). Eighteen pesticides were detected in filtered water samples, and none were detected in suspended sediment. Three of these pesticides—carbendazim, fipronil, and imidacloprid—were detected in some samples at concentrations greater than U.S. Environmental Protection Agency (USEPA) aquatic life benchmarks for freshwater settings. Among fragrance ingredients and other emerging contaminants, a total of 16 compounds were detected in bed sediment, with five compounds detected in at least half of the samples. Four compounds were detected at concentrations comparable to or greater than available ecotoxicology thresholds, including the fragrance ingredients indole and camphor, as well as 4-methylphenol and 4-n-nonylphenol. A total of 18 distinct compounds were detected in water samples, with one, an organophosphate ester (OPE) known as tris(1,3-dichloroisopropyl) phosphate or TDCPP, exceeding a protective ecotoxicity threshold. Evaluation of the results for individual contaminants relative to available toxicity thresholds generally supported existing classifications within the RMP’s Tiered Risk-based Framework for emerging contaminants. Among pesticides, findings were consistent with fipronil and imidacloprid as Moderate Concerns for the Bay, pyrethroids as Low Concern for the Bay (this class is considered a High Concern in tributaries), and other current-use pesticides as Possible Concerns for the Bay. Fragrance ingredients were generally found at levels indicative of minimal or Low Concern. One exception, indole, a fragrance ingredient that is also produced naturally and used as a fecal indicator, is considered a Possible Concern for the Bay. Another emerging contaminant with natural and anthropogenic sources, 4-methylphenol, may also be considered a Possible Concern. Detections of TDCPP and other OPEs, used as flame retardants and plastic additives, were consistent with classification of this class as a Moderate Concern for the Bay. Likewise, detections of 4-n-nonylphenol were consistent with the current designation of alkylphenols and alkylphenol ethoxylates as a Moderate Concern for the Bay.

CV SALTS Prioritization & Optimization Study Year 1 Progress Report

Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS) | March 24th, 2023

CV-SALTS Central Valley Region Salt & Nitrate Control Program Surveillance and Monitoring Program

Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS) | February 3rd, 2023

The prioritized Nitrate Control Program and phased Salt Control Program are designed to address both legacy and ongoing salt and nitrate accumulation issues in groundwate

The prioritized Nitrate Control Program and phased Salt Control Program are designed to address both legacy and ongoing salt and nitrate accumulation issues in groundwater and salinity concerns in surface waters. However, the primary focus of early actions being implemented under the Nitrate Control Program (i.e., the first ten years) is on groundwater quality and in particular nitrate impacts to drinking water supplies. The overarching management goals and priorities of the SNCP are to: Ensure safe drinking water supply; Reduce salt and nitrate loading so that ongoing discharges neither threaten to degrade high quality waters absent appropriate findings by the Central Valley Board, nor cause or contribute to exceedances of water quality objectives; and Implement long-term, managed restoration of impaired waterbodies.

CV-SALTS Groundwater Sustainability Plan Data Collection - Pilot Study Results

Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS) | February 1st, 2024

The purpose of Prioritization & Optimization (P&O) Study Task 5.3 (Information Extraction from Groundwater Sustainability Plans [GSP]) is to extract and organize relevan

The purpose of Prioritization & Optimization (P&O) Study Task 5.3 (Information Extraction from Groundwater Sustainability Plans [GSP]) is to extract and organize relevant GSP data and information that can be used to (1) validate or refine information contained in the P&O Study’s CV-SWAT watershed model (developed to support ongoing baseline characterization work); (2) support the eventual development of salinity management alternatives within specified planning areas; and (3) help ensure that long-term Central Valley salt planning considers ongoing Groundwater Sustainability Agency (GSA) planning efforts, which is of particular interest to the State Water Resources Control Board.

CV-SALTS Groundwater Sustainability Plan Data Integration Report Integrated Scope of Work - Task 5.3 (Draft)

Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS) | June 20th, 2024

The purpose of Prioritization & Optimization (P&O) Study Task 5.3 (Information Extraction from Groundwater Sustainability Plans [GSP]) is to extract and organize

The purpose of Prioritization & Optimization (P&O) Study Task 5.3 (Information Extraction from Groundwater Sustainability Plans [GSP]) is to extract and organize relevant GSP data and information that can be used to: Validate or refine information contained in the P&O Study’s Central Valley Soil and Water Assessment Tool (CV-SWAT) watershed model and other models (developed to support ongoing baseline characterization work and future salinity-related analyses); Support the eventual development of salinity management alternatives within specified Central Valley planning areas; and Help ensure that long-term Central Valley salt planning understands and considers ongoing Groundwater Sustainability Agency (GSA) planning efforts, efforts and potential future conditions of the water in the Central Valley region and benefits from the local investment in these plans. It is also expected that this report will be a foundation for enhanced coordination with GSAs as planning occurs in their regions. Click below for document appendices.  Appendix A: Selected GSP Information Summaries by Hydrologic Region Appendix B: Appendix B 1 - Sac Valley Hydrologic Region - GSP Hydrogeologic Conceptual Model Excerpts and Near AEM Profiles Appendix B 2 - San Joaquin Valley Hydrologic Region - GSP Hydrologic Conceptual Model Excerpts and Near AEM Profiles Appendix B 3 - Tulare Lake Hydrologic Region - GSP Hydrogeologic Conceptual Model Excerpts and Near AEM Profiles

CV-SALTS Preliminary Management Zone Proposal for Priority 2 Management Zones

Valley Water Collaborative | December 30th, 2024

The Nitrate Control Program is designed to achieve the following three management goals in the Central Valley Region: Goal 1 – Ensure a safe drinking water

The Nitrate Control Program is designed to achieve the following three management goals in the Central Valley Region: Goal 1 – Ensure a safe drinking water supply; Goal 2 – Reduce salt and nitrate loading so that ongoing discharges neither threaten to degrade high quality waters absent appropriate findings by the Central Valley Water Board nor cause or contribute to exceedances of water quality objectives; and, Goal 3 – Implement long-term, managed restoration of impaired water bodies.

CV-SALTS Prioritization & Optimization Study: Final Baseline Characterization Report

Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS) | March 9th, 2024

The Central Valley Regional Water Quality Control Board (Central Valley Water Board) first adopted a three-phased Salt Control Program into the water quality regulations

The Central Valley Regional Water Quality Control Board (Central Valley Water Board) first adopted a three-phased Salt Control Program into the water quality regulations applicable to the Central Valley Region of California in 2018; these regulations were subsequently amended in 2020. Phase I of the Salt Control Program requires implementation of the Prioritization and Optimization (P&O) Study. The primary purposes of this Study are to characterize existing salinity conditions in surface water and groundwater in the Central Valley Region, establish appropriate salinity targets for the protection of beneficial uses, and facilitate the development of long-term salt management alternatives for implementation in Phases II and III of the Salt Control Program.

Daily stream samples reveal highly complex pesticide occurrence and potential toxicity to aquatic life

Science of the Total Environment (Elsevier) | May 1st, 2020

Transient, acutely toxic concentrations of pesticides in streams can go undetected by fixed-interval sampling programs. Here we compare temporal patterns in occurrence of

Transient, acutely toxic concentrations of pesticides in streams can go undetected by fixed-interval sampling programs. Here we compare temporal patterns in occurrence of current-use pesticides in daily composite samples to those in weekly composite and weekly discrete samples of surface water from 14 small stream sites. Samples were collected over 10–14 weeks at 7 stream sites in each of the Midwestern and Southeastern United States. Samples were analyzed for over 200 pesticides and degradates by direct aqueous injection liquid chromatography with tandem mass spectrometry. Nearly 2 and 3 times as many unique pesticides were detected in daily samples as in weekly composite and weekly discrete samples, respectively. Based on exceedances of acute-invertebrate benchmarks (AIB) and(or) a Pesticide Toxicity Index (PTI) >1, potential acute-invertebrate toxicity was predicted at 11 of 14 sites from the results for daily composite samples, but was predicted for only 3 sites from weekly composites and for no sites from weekly discrete samples. Insecticides were responsible for most of the potential invertebrate toxicity, occurred transiently, and frequently were missed by the weekly discrete and composite samples. The number of days with benthic-invertebrate PTI ≥0.1 in daily composite samples was inversely related to Ephemeroptera, Plecoptera, and Trichoptera (EPT) richness at the sites. The results of the study indicate that short-term, potentially toxic peaks in pesticides frequently are missed by weekly discrete sampling, and that such peaks may contribute to degradation of invertebrate community condition in small streams. Weekly composite samples underestimated maximum concentrations and potential acute-invertebrate toxicity, but to a lesser degree than weekly discrete samples, and provided a reasonable approximation of the 90th percentile total concentrations of herbicides, insecticides, and fungicides, suggesting that weekly composite sampling may be a compromise between assessment needs and cost.