Posts made in April 2023

On November 3, 2022, at 9:30 am, the State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW) will hold a public workshop on proposed revisions to the detection limits for purposes of reporting (DLR) for eight metals, and new DLRs for three constituents with secondary MCLs. The formal regulatory process to propose and finalize these changes, has not yet begun. Public comments are due by noon, November 18, 2022.

The workshop will be held via remote video software only. Link to view the November 3, 2022 workshop:
https://video.calepa.ca.gov/#/

DDW is proposing to make the changes in a two phase program. Phase I would lower the lead and nickel DLRs and establish DLRs for iron, manganese, and zinc. Phase II would lower the DLRs for antimony, arsenic, beryllium, cadmium, lead, manganese, mercury, and thallium with a three-year compliance schedule.

The DDW announcement includes the following statement about an additional change: “Revisions to the lead and copper reduced monitoring frequency and large water system corrosion control treatment study criteria such that the criteria are not dependent on the lead DLR or federal lead method detection limit.”

The table below presents the current and DDW’s proposed DLRs.

Table: Current and Proposed Metal DLRs
Proposed DLR
(mg/L)
Contaminant PHG (mg/L) MCL (mg/L) Current DLR (mg/L) Phase I Phase II
Antimony 0.001 0.006 0.006 No change 0.001
Arsenic 0.000004 0.010 0.002 No change 0.0005
Beryllium 0.001 0.004 0.001 No change 0.0005
Cadmium 0.00004 0.005 0.001 No change 0.0005
Iron None 0.3 None 0.10 No change
Lead 0.0002 0.015 0.005 0.001 0.0005
Manganese None 0.05 None 0.020 0.010
Mercury 0.0012 0.002 0.001 No change 0.0002
Nickel 0.012 0.1 0.01 0.005 No change
Thallium 0.0001 0.002 0.001 No change 0.0008
Zinc None 5.0 None 0.050 No change

There is no indication of a timeframe when the formal rulemaking would begin.

When EPA published the final Lead and Copper Rule Revisions (LCRR) in December 2021, the Federal Register announcement indicated that the Agency intended to publish a Lead and Copper Rule Improvements (LCRI) rule in the future. The intent of the LCRI is to address (change) several aspects of the LCRR (in the December 2021 Federal Register, however, EPA indicated there will be no change in the schedule and requirements for the preparation of a lead service line inventory). At the present time, EPA is engaging in several activities regarding the development of the LCRI and environmental justice considerations. These activities are described below.

Public Meeting on Lead and Copper Rule Improvements and Environmental Justice
EPA “…will host two virtual public meetings to discuss and solicit input on environmental justice considerations related to the development of the proposed Lead and Copper Rule Improvements (LCRI). These sessions will provide opportunities for EPA to share information about the upcoming LCRI rulemaking and for individuals to offer input on environmental justice considerations related to the rule. The two public meetings will be identical and will be held in an online-only format on October 25 (1:00 – 4:00 pm EDT) and November 1, 2022 (5:00 – 8:00 pm EDT).”

Link to register:
https://www.eventbrite.com/e/public-meetings-on-ej-considerations-for-the-development-of-the-lcri-tickets-427977089997

Science Advisory Board (SAB) and LCRI and Environmental Justice
EPA has requested the SAB’s input on the LCRI and environmental justice. Specifically, EPA is requesting the SAB’s input on “…tools, indicators, and measures for use in future analyses to determine Environmental Justice impacts of lead service line presence and replacement in a drinking water system.” The SAB will meet (virtually) on November 3, 2022 and November 4, 2022. There are three topics for the SAB meeting, one of the topics is specifically regarding the LCRI and environmental justice. Enclosed is the Federal Register announcement of the SAB meeting with details on time and a link to view the meeting. Also enclosed are two documents prepared by EPA for the SAB meeting: (1) the charge to the SAB for their input on environmental justice and removal of lead service lines, and (2) three case studies on environmental justice and lead service lines.

LCRI Public Docket and Environmental Justice
EPA is accepting written comments on environmental justice and the LCRI in a public docket until November 15, 2022. The following link will take you to the federal Regulations.gov website: http://www.regulations.gov/. Once there, enter EPA-HQ-OW-2022-0801 in the search bar. There are no details available as to the content of the LCRI. As of this Regulatory Update, the only document in the Docket is the announcement of the public meetings on environmental justice and the LCRI.

LCRI Current Schedule
EPA intends to propose the LCRI for public comment in 2023 and take final action by October 16, 2024.

On November 2, 2022, from 2:30 to 4:00 pm (ET) the Environmental Protection Agency (EPA) will host a webinar to “…prepare communities for how to get involved and provide EPA with their input on the upcoming proposed National Primary Drinking Water Regulation for per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act.”

EPA’s statement on what webinar will not cover: “During the webinar, EPA will not be discussing the specific requirements of the proposed PFAS drinking water regulation. That information will be available once the proposed rule is issued.”

Here is EPA’s list of topics to be covered during the November 2nd webinar:
• What are PFAS and how do they impact drinking water
• How EPA develops a drinking water regulation
• EPA’s timeline and activities associated with the proposed PFAS drinking water regulation
• What happens after the regulation is proposed and how can communities provide their input to EPA
• Where to go for more information

Registration is required to join the webinar. Link to register:
https://www.eventbrite.com/e/engaging-in-epas-upcoming-proposed-pfas-drinking-water-regulatory-process-tickets-433129149947

Background:
The Safe Drinking Water Act as amended in 1996 requires that every five years EPA is to create a list of contaminants that are currently unregulated and may require regulation in the future. These lists are referred to as the Contaminant Candidate List (CCL). Within five (5) years of a CCL being published final, EPA is to publish a formal determination (“Regulatory Determination”) whether or not to regulate at least five contaminants on the previous list. EPA has proposed and finalized four CCLs. The fourth CCL included PFOS and PFOA. In March 2021 EPA published a decision to move forward with development drinking water regulations for PFOS and PFOA. EPA’s stated intent is to publish the proposed MCLs in the fall of 2022 and publish the final enforceable standards in fall 2023. On October 6, 2022, EPA submitted the proposed MCLs for PFOS and PFOA to the Office of Management and Budget for their review. There are no details available. This would be the final step before EPA proposes the MCLs for public comment.

The Association of State Drinking Water Administrators (ASDWA) will hold a series of webinars on: “Implementation Tools and Best Practices for Lead Service Line Inventories and Replacements.” The link to the ASDWA announcement is copied below. The webinars will be held on Thursdays, from 1:00 to 2:30 ET. The first webinar will be held November 10, 2022.

https://www.asdwa.org/event/free-asdwa-webinar-series-implementation-tools-and-best-practices-for-lead-service-line-inventories-and-replacements/2022-11-10/

The list of six webinar topics below was copied from the ASDWA website, along with the date for each session and a link to register (registration is required for each session). Additional details that are available at this time are presented when you select the link to register. For example, here is the description of the first session on November 10th: “The first session in this webinar series will be on Technologies for Lead Service Line Inventories and Mapping. Listeners will hear from five companies who will outline their solutions for lead service line identification, inventories, mapping, and more. Companies presenting solutions include: Trinnex, Blue Conduit, 120Water, GEC and ESRI.”

Session 1 -Technologies for Lead Service Inventories and Mapping 11/10/2022 https://attendee.gotowebinar.com/register/9131072859629519884

Session 2 – Consultants’ Roundtable for Inventories and Mapping 12/15/2022 https://attendee.gotowebinar.com/register/8602824592692832527

Session 3 – Records Review for Inventory Development 1/12/2023 https://attendee.gotowebinar.com/register/2106296368304198923

Session 4 – Service Line Material Field Validations 2/9/2023 https://attendee.gotowebinar.com/register/3188832636059031819

Session 5 – Opportunities for Technical Assistance 3/9/2023 https://attendee.gotowebinar.com/register/8553150856373547279

Session 6 – Regulatory Roundtable 4/13/2023
https://attendee.gotowebinar.com/register/8488697484753368078

PBS Newshour posted a lengthy article on PFAS (“Why getting PFAS out of our products is so hard — and why it matters”). There are two videos on the website. About half way through the article, there is an approximately 9 minute PBS Newshour video – with a focus on firefighters exposure to PFAS and health effects. At the bottom of the article there is an approximately 7 minute Newshour video with a focus on the use of firefighting foams, but including a focus on ground water contamination.
Link to article and videos:
https://www.pbs.org/newshour/science/pfas-are-everywhere-what-can-we-do-to-change-that

EPA has announced that on October 26th and 27th, 2022 they will hold webinars on the implementation of the fifth Unregulated Contaminant Monitoring Rule (UCRM5) monitoring requirements. The final UCMR5 was published on December 27, 2021. Under the UCMR5, monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water served by public water systems will occur during 2023-2025.

The October 2022 webinars are intended to provide information on “….monitoring schedules and locations, the Safe Drinking Water Accession and Review System (SDWARS), sample collection, and reporting requirements.”

EPA is presenting separate webinars for small systems (serving a population less than 10,000) and for large systems (those systems serving a population greater than 10,000). Webinars are scheduled to last 3 hours. The same webinar is being presented once in the morning and once in the afternoon. The dates, times and links to register for each meeting are presented below.
• Small Public Water System (PWS) webinar (for those serving 10,000 or fewer people):
o October 26, 2022 from 9:00 a.m. to 12:00 p.m., eastern time
o October 27, 2022 from 1:00 to 4:00 p.m., eastern time
• Large PWS webinar (for those serving more than 10,000 people):
o October 26, 2022 from 1:00 to 4:00 p.m., eastern time
o October 27, 2022 from 9:00 a.m. to 12:00 p.m., eastern time

The Lead and Copper Rule Revisions (LCRR) requires public water systems prepare an inventory of their service lines that includes both the publicly-owned and privately-owned portions of the line.

The State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW) posted an updated FAQ document for preparation of the lead service line inventory. DDW also posted instructions and an Excel template for preparation of the service line inventory (water systems are not required to use this format).

Copies can be found here:
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/leadandcopperrule.html

The deadline for preparation of the service line inventory is October 16, 2024.

September 7, 2022, the State Water Resources Control Board (SWRCB) voted to adopt the “Policy Handbook Establishing a Standard Method of Testing and Reporting Microplastics in Drinking Water.” During the meeting, one of the Board members asked DDW staff several questions about the sources identified as “potentially subject to monitoring requirements” listed in Appendix A of the Policy Handbook. Her interest appeared to be focused on ensuring that monitoring addressed issues associated with disadvantaged communities. In response to these questions, the final Board resolution to adopt the Policy Handbook was amended to indicate that DDW may add up to five additional (representative) sources to the list of sources to be monitored. Another Board member was interested to understand how DDW was addressing “customer messaging.” While no details were presented in response, DDW indicated that work (including a Water Research Foundation project) is underway to address this issue.

The Handbook indicates that the initial monitoring would occur during “Fall 2023 – Fall 2025.” Item 6.2.1.3.12, page 19 of the Handbook, includes the following text:
“Unless stated otherwise in monitoring orders, samples shall be collected twice between October – April (rainy season) and twice during May – September (dry season) of each year to determine the relative influence of rain and stormwater influence as well as atmospheric deposition. Accordingly, for each sampling location a minimum of eight (8) samples will be analyzed over the two-year period.”

DDW plans to hold a public workshop on microplastics monitoring (anticipated to be held during fall/winter 2022).

August 25, 2022, the Environmental Protection Agency (EPA) posted a pre-publication Federal Register notice proposing to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, also known as Superfund). Once the proposal is published in the Federal Register there will be a 60-day public comment period.

“Upon designation, any person in charge of a vessel or an offshore or onshore facility, as soon as they have knowledge of any release of such substances at or above the reportable quantity (RQ) must immediately report such releases to the Federal, state, tribal and local authorities (CERCLA section 103(a), Emergency Planning and Community Right-to-Know Act (EPCRA) section 304). The RQ for these designations is 1 pound or more in a 24-hour period. Once EPA has collected more data on the size of releases and the resulting risks to human health and the environment, the Agency may consider issuing a regulation adjusting the reportable quantities for these substances. The five broad categories of entities potentially affected by this action include: (1) PFOA and/or PFOS manufacturers (including importers and importers of articles); (2) PFOA and/or PFOS processors; (3) manufacturers of products containing PFOA and/or PFOS; (4) downstream product manufacturers and users of PFOA and/or PFOS products; and (5) waste management and wastewater treatment facilities.”

Link to information on EPA website:
https://www.epa.gov/newsreleases/epa-proposes-designating-certain-pfas-chemicals-hazardous-substances-under-superfund

Link to NPR article:
https://www.pbs.org/newshour/health/two-forever-chemicals-to-be-named-hazardous-substances-says-epa-official

Link to article on CNN website:
https://www.cnn.com/2022/08/26/health/pfas-epa-forever-chemicals-hazardous-wellness/index.html

In November 2021 the State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) posted a “Microplastics in Drinking Water Handbook.” The Handbook was released for public comment and was presented at a workshop with the SWRCB on November 17, 2021.

The purpose of the Handbook is

“….to implement Health and Safety Code section 116376 by setting forth the requirements for conducting monitoring and reporting of microplastics in drinking water.”

Recently DDW posted a revised copy of the Microplastics Handbook (copy is enclosed, the revisions are shown using Microsoft’s TrackChanges). Appendix A presents a list of surface water sources “potentially subject to monitoring during Phase 1).”

Background
Senate Bill 1422 was signed into law in 2018 (added Section 116376 to California’s Health and Safety Code). This law required/requires the following DDW activities regarding microplastics:

1. On or before July 1, 2020: adopt a definition of microplastics in drinking water (California’s definition of microplastics was adopted by the SWRCB at its June 16, 2020 meeting).
2. On or before July 1, 2021:
a. Adopt a standard methodology for testing of microplastics in drinking water.
b. Adopt requirements for four years of testing and reporting of microplastics in drinking water, including public disclosure of those results.
c. Consider issuing quantitative guidelines (e.g., notification level) to aid consumer interpretations of the testing results, if appropriate.
d. Accredit qualified laboratories in California to analyze for microplastics in drinking water.