Information_Notice_DRB Information Notice Notice Of Final Rulemaking
1/2/13 N.Y. St. Reg. Information Notice DRB
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 1
January 02, 2013
INFORMATION NOTICE
Information Notice Notice Of Final Rulemaking
Delaware River Basin Commission Amendments to the Water Code and Comprehensive Plan to Implement a Revised Water Audit Approach to Identify and Control Water Loss
I.D. No.: Not applicable.
Filing Date: December 18, 2012
Effective Date: Upon filing with each of the signatory parties in accordance with Section 14.2 of the Delaware River Basin Compact and publication in the Federal Register. The rule was published in the Federal Register and incorporated by reference into the Code of Federal Regulations effective November 20, 2009.
The amendments to the Comprehensive Plan and Article 2 of the Water Code finalized by the Delaware River Basin Commission on March 11, 2009 phase in a program requiring water purveyors to perform a water audit and report their findings in accordance with a new audit structure established by the American Water Works Association (AWWA) and the International Water Association (IWA). Effective January 1, 2012, the owners of water supply systems serving the public with sources or service areas located in the Delaware River Basin must implement an annual calendar year water audit program conforming to the IWA/AWWA Water Audit Methodology and corresponding AWWA guidance. Effective January 1, 2013, reported "non-revenue water" must be computed in accordance with the new methodology and guidance. During the period between publication of the Final Rule in the Federal Register on November 20, 2009, and December 31, 2011 water purveyors were encouraged to implement the new methodology and guidance on a voluntary basis.
Action Taken: On March 11, 2009, the Delaware River Basin Commission (DRBC or Commission) adopted amendments to its Water Code and Comprehensive Plan.
Statutory Authority: Delaware River Basin Compact, New York Laws of 1961, Chapter 148, Approved March 17, 1961.
Subject: Implement a requirement for water purveyors to follow an updated water audit approach to identify and control water loss in the Delaware River Basin.
Purpose: To phase in a program requiring water purveyors to perform a water audit and report their findings in accordance with a new audit structure established by the AWWA and the IWA. These new methods are widely regarded as superior to the existing approach, which entails tracking "unaccounted for water."
Supplemental Information: The DRBC is a federal-interstate regional agency charged with managing the water resources of the Delaware River Basin without regard to political boundaries. Its members are the governors of the four basin states - Delaware, New Jersey, New York, and Pennsylvania - and the North Atlantic Division Commander of the U.S. Army Corps of Engineers, representing the federal government.
An estimated 150 million gallons of treated and pressurized water is physically lost from public water supply distribution systems in the Delaware River Basin per day and current methods to account for, track and reduce this loss are inadequate. Water suppliers are experiencing real water losses due to physical infrastructure failures and apparent losses resulting from inaccurate meter readings and erroneous billing practices. As demand for water increases, it is essential to ensure that water supplies and the infrastructure delivering water are dependable and efficiently move water from source to customer.
The new water audit methodology provides a rational approach that will facilitate more consistent tracking and reporting than the existing approach allows. It will help water managers and regulators, including the Commission, state agencies, and utility managers, target their efforts to improve water supply efficiency, thereby reducing water withdrawals. Improving water accountability will contribute to achieving objective 1.3.C of the Water Resources Plan for the Delaware River Basin, which calls for ensuring maximum feasible efficiency of water use across all sectors.
The Commission's Water Management Advisory Committee (WMAC), which has taken primary responsibility for reviewing the proposed audit methodology and developing these amendments, is composed of representatives from a wide range of public and private sector organizations. Six water purveyors from the Delaware River Basin were identified to participate in the nationwide pilot study. The comments and feedback provided to AWWA led to improvements in the software. The software was approved by the AWWA Water Loss Control Committee and is available on the AWWA website to all users at no charge.
The WMAC and its subcommittee determined that the IWA/AWWA water audit methodology represents an improvement to the Commission's current practices and can lead to multiple benefits for water utilities and other stakeholders. It is anticipated that adoption of the IWA/AWWA approach will:
• Improve upon the traditional approach for identifying "unaccounted for water," which lacks standardized terminology and a clearly defined water audit structure.
• Provide a rational water audit structure to help identify water losses and improve water supply system efficiency.
• Provide meaningful performance indicators to help identify systems with the greatest losses. These indicators allow water utility managers to make reliable comparisons of performance and to identify best practices to control water loss in an economical way.
• Identify ways to improve water supply efficiency and thereby reduce water withdrawals that have no beneficial end use.
• Help to target efforts to reduce the estimated 150 million gallons per day that is physically lost from public water supply distribution systems in the Delaware River Basin.
• Enhance utility revenues by enabling utility managers to recover the significant revenue that is otherwise lost due to apparent losses such as theft of service, unbilled connections, meter discrepancies and data errors.
• Help utility managers and regulators identify real losses (such as leakage) that waste treated and pressurized water and increase operating costs. Significant real losses indicate opportunities for improved asset management that can reduce the vulnerability of utilities to disruptive water main breaks, other service disruptions and water quality upsets.
Because the water audit approach is relatively new in a regulatory context, the amendments called for phased implementation. Information was gathered from within the Delaware River Basin and nationwide to assist in the establishment of performance indicators for water loss, which ultimately will replace the "unaccounted for water" targets. The amendments require water purveyors to perform an annual water audit conforming to the IWA/AWWA methodology and require changes in the way data pertaining to water loss are collected by the state agencies and shared with DRBC.
Assessment of public comment: Notice of the proposed amendments appeared in the New York State Register (p. 2) on August 20, 2008, as well as in the Federal Register (73 FR 44945) on August 1, 2008, the Delaware Register of Regulations (12 DE Reg. 275-278 (09/01/2008)) on September 1, 2008, the New Jersey Register (40 N.J.R. 4499) on August 4, 2008, and the Pennsylvania Bulletin (38 Pa. B. 4373) on August 9, 2008. A public hearing was held on September 25, 2008 and written comments were accepted through October 3, 2008. The Commission received one written submission and no oral testimony on the proposed amendment. The Commission made revisions to the proposed on its own initiative for clarification. A comment and response document summarizing the comments on the proposed rule and setting forth the Commission's responses and revisions in detail was approved by the Commission simultaneously with adoption of the final rule.
The final form of the rule differs from the proposed rule in the following respects: For purposes of clarity, a definition of "non-revenue water" consistent with the AWWA definition was added to Section 2.1.6.A. of the rule. The definition of "unaccounted-for-water" in the same section was amended to include a definition of "unaccounted-for water percent." This change was made because the computation must return a percentage value so that it can be measured against the performance target of less than 15% unaccounted-for water.
The Commission also added language to establish that until January 1, 2012, DRBC's regulatory standards for leak detection and repair (i.e., measurement and control of unaccounted-for-water), set forth in Section 2.1.6 of the Water Code, remained in force. System operators who voluntarily submitted audits in a form consistent with the new methodology prior to January 1, 2012, were advised in the Commission's comment and response document that non-revenue water volume expressed as a percentage of input volume will be treated as the equivalent of unaccounted-for-water, the measure applicable under the existing rule. The comment and response document explains that once the Water Audit method is introduced through the Delaware River Basin and a body of data is available for analysis, a more meaningful measure of system performance will be established.
A copy of the rulemaking comment and response document is available on the Commission's web site, at http://drbc.net. Commission Resolution No. 2009-1 adopting the rule includes versions of the amendments as proposed in August 2008, and as finally approved by the Commission on March 11, 2009 and incorporated by reference into the Code of Federal Regulations effective November 20, 2009.
Substance of final rule: By Resolution No. 2009-01 on March 11, 2009, the DRBC approved amendments to its Water Code and Comprehensive Plan to implement a requirement for water purveyors to follow an updated water audit approach to identify and control water loss in the Delaware River Basin.
Rule Text:
DRBC RESOLUTION NO. 2009-01 AMENDS THE COMPREHENSIVE PLAN AND ARTICLE 2 OF THE WATER CODE AS SET FORTH BELOW. ADDITIONS APPEAR IN BOLD FACE TYPE. DELETIONS APPEAR IN [BOLD FACE TYPE WITHIN BRACKETS]. CHANGES NOT INCLUDED IN THE PROPOSED RULEMAKING APPEAR IN BOLD FACE TYPE WITH UNDERSCORE, EXCEPT THAT RESTORED TEXT (EXISTING RULE TEXT ORIGINALLY PROPOSED TO BE DELETED) APPEARS IN NORMAL TYPE WITH UNDERSCORE. ITALICS DENOTE EDITOR'S NOTES.
2.1.2 New and Existing Users (Resolution Nos. 76-17 and 92-2).
C. Owners of water supply systems serving the public (purveyors) seeking approval under Section 3.8 of the Compact for a new or an expanded water withdrawal shall include as part of the application a water conservation plan. The plan shall describe the various programs adopted by the purveyor to achieve maximum feasible efficiency in the use of water.
1. The water conservation plan shall, at a minimum, describe the implementation of the following programs as required by the Commission:
a. Source metering (Resolution No. 86-12);
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e. An ongoing water auditing program in accordance with section 2.1.8.
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2.1.6 Leak detection and repair (Resolution No. 87-6 Revised).
A. Owners of water supply systems serving the public (purveyors) in the Delaware River Basin that distribute water supplies in excess of an average of 100,000 gallons per day (gpd) during any 30-day period shall develop and undertake a systematic program to monitor and control leakage within their water supply system. Such a program shall at a minimum include: periodic surveys to monitor leakage, enumeratenon-revenue water (or in instances where AWWA methodology as set forth in Section 2.1.8 below has not yet been adopted, enumerateunaccounted-for water), and determine the current status of system infrastructure; recommendations to monitor and control leakage; and a schedule for the implementation of such recommendations. Each purveyor's program shall be subject to review and approval by the designated agency in the state where the system is located.
"Non-revenue water" is defined by AWWA as the sum of unbilled authorized consumption, apparent losses and real losses. "Non-revenue water percent" is defined as non-revenue water divided by the amount of water entering the distribution system times 100 percent.
"Unaccounted-for water" is defined as theamount of water entering the distribution system minus the amount of water delivered through service meters.[difference between the "metered ratio" and 100 percent. The metered ratio is the amount of water delivered through service meters]"Unaccounted-for water percent" is defined as unaccounted-for waterdivided by the amount of water entering the distribution systemtimes 100 percent.
The designated state agencies are: Delaware Department of Natural Resources and Environmental Control; New Jersey Department of Environmental Protection; New York Department of Health, and Pennsylvania Department of Environmental Protection.
B. Each purveyor shall strive to minimize system leakage to levels as guided by IWA/AWWA Water Audit Methodology (AWWA Water Loss Control Committee (WLCC) Water Audit Software) and corresponding AWWA guidance.
[Each purveyor that distributes in excess of one million gallons per day (mgd) shall submit its initial program to monitor and control leakage to the appropriate designated agency, within two years and each purveyor that distributes between 100,000 gpd and 1 mgd shall submit its initial program to monitor and control leakage to the appropriate designated agency within five years of the effective date of this regulation or at such earlier date as shall be fixed by the designated state agency. Each] After a purveyor has submitted to the appropriate designated agency its initial program to monitor and control leakage, thepurveyor shall prepare and submit a revised and updated program[to monitor and control leakage] everythree years thereafter or at suchgreater frequency[earlier date] as[may][shall] be required by the designated state agency. The designated state agency may require more frequent program submission from purveyors with unaccounted-foror non-revenuewater that is in excess of 15 percent.
C. Any project approvals hereafter granted pursuant to Section 3.8 of the DRBC Compact or any renewal of a project approval shall be subject to the provisions of this regulation.
[D. To avoid duplication of effort and to insure proper enforcement of this regulation, the Executive Director shall enter into administrative agreements with each of the designated agencies. . . ]
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2.1.8 Water Auditing (Resolution No. 2009-1).
A.Policy Statement.It shall be the policy of the Commission toestablish [encourage owners of water supply systems serving the public to implement]a standardized water audit methodologyfor owners of water supply systems serving the publicto ensure accountability in the management of water resources.
B.Voluntary Water Audit.[For the period beginning EFFECTIVE DATE and ending]ThroughDecember 31, 2011, owners of water supply systems serving the public[,]with sources or service areaslocated in the Delaware River Basin[,]are encouraged to implement an annual calendar year water audit program conforming totheIWA/AWWA Water Audit Methodology (AWWA Water Loss Control Committee (WLCC) Water Audit Software) and corresponding AWWA guidance.
C.Mandatory Water Audit.Effective January 1, 2012, the owners of each water supply system serving the public[,]with sources or service areaslocated in the Delaware River Basin[,]shall implement an annual calendar year water audit program conforming to IWA/AWWA Water Audit Methodology (AWWA Water Loss Control Committee (WLCC) Water Audit Software) and corresponding AWWA guidance.
D.Mandatory Reporting.Effective January 1, 2013,"Non-revenue water"reported under section 2.50.3.(Reporting Requirements), subsectionB.1.b.ii. of thisWater Codeshall be computed in accordance with IWA/AWWA Water Audit Methodology (AWWA Water Loss Control Committee (WLCC) Water Audit Software) and corresponding AWWA guidance.
2.50.3 Reporting Requirements (Resolutions Nos. 2001-8 and 2009-1)
Existing subsection 2.50.3 A. (Year 2000 Reporting Requirements) in its entirety is deleted.
1. Water Supply Systems Serving the Public. [Commencing with reporting year 2001, t] The owner(s) of each water supply system serving the public and subject to requirements under subsection 2.50.1, subsection 2.50.2, and the Ground water Protected Area for Southeastern Pennsylvania[,] shall report the following data on an annual basis to the designated agency. [Changes to any other information required under Section A above shall also be reported. All information required under Section A above shall be completed for new withdrawals for the first year of operation.]
a. Source Data
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b. Service Area Data. The following data shall be reported separately for each county served.
i. Service Area Name(s)
ii. Total Annual Water Use by Category (MG).[(]All usage shall be reported according to the following categories:[)]
- Non-revenue water, including unbilled authorized consumption, apparent losses, and real losses computed in accordance with Section 2.1.8 D.of thisWater Code
- Unaccounted forwater(defined as the amount of water entering the distribution system minus the amount of water delivered through service meters)**
- Total
2. Other Withdrawals. [Commencing with reporting year 2001, e] Each person, firm, corporation or other entity, except water supply systems serving the public[,] subject to requirements under subsection 2.50.2 and the Ground Water Protected Area Regulations for Southeastern Pennsylvania[,] shall report the following data on an annual basis to the designated agency. . . . .
B[C]. To avoid duplication of effort and to insure proper enforcement of this regulation, the Executive Director is hereby authorized to enter into administrative agreements with the following designated agencies: . . . .
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December 18, 2012
Pamela M. Bush
Commission Secretary and Assistant General Counsel
