Posts made in April 2023

The Lead and Copper Rule Revisions (LCRR) published final in December 2021 requires that by October 16, 2024 public water systems are to prepare an inventory of service line materials that includes both the publicly owned and privately owned portion of the service line. As indicated in the December 2021 Federal Register publication of the final LCRR, EPA’s intent was to prepare and release Guidance on preparation of the inventory.

The Environmental Protection Agency (EPA) intends to release the Guidance on Thursday, August 4, 2022.

EPA describes the Guidance as including the following:
• Best practices for inventory development and communicating information to the public.
• Template for water systems, states, and Tribes to use or adapt to create their own inventory.
• Case studies on developing, reviewing, and communicating about inventories.
• Highlighting the importance of prioritizing inventory development in disadvantaged communities and where children live and play.

EPA plans to hold a webinar on the service line inventory Guidance as well as service line replacement eligibilities for funding under Drinking Water State Revolving Funds and the Bipartisan Infrastructure Law. The webinar is currently planned for August 10th (details about the webinar should be available tomorrow as well).

A couple of upcoming PFAS webinars that may be of interest.

On August 4, 2022, at 9:00 – 10:30 am (PT), the Water Research Foundation will present a free webinar on “…the latest developments in per- and polyfluoroalkyl substances (PFAS) research.”

Link to Register (and information on the topics and speakers):
https://www.eventbrite.com/e/epa-meets-the-world-a-research-webinar-registration-196650365537?aff=erelpanelorg

On August 17, 2022, from 3:00 to 4:00 pm, (ET), the Environmental Protection Agency (EPA) will present a webinar on the PFAS Strategic Roadmap. EPA’s Announcement is enclosed.

Link to Register:
https://usepa.zoomgov.com/webinar/register/WN_5eRXR6WuSQCEp0JkuYPBzA

EPA’s description of webinar:
“This webinar will provide a brief overview of EPA’s PFAS Strategic Roadmap and ongoing efforts by EPA’s Office of Research and Development (ORD) to address key PFAS research needs for environmental decision-making. ORD scientists will highlight two recently released data sources: EPA’s PFAS Thermal Treatment Database, which contains information on the treatability of PFAS via various thermal processes, and Systematic Evidence Maps for PFAS, which summarize available toxicity evidence for approximately 150 different PFAS. Recent updates to other PFAS resources will also be shared.”

NASEM PFAS Webinar
On July 28, 2022, from 1:00 to 2:30 pm (ET) the National Academies of Science, Engineering and Medicine (NASEM) will present a webinar “Guidance on PFAS Exposure, Testing, and Clinical Follow-up Report Public Briefing.”

Link to register:
https://www.nationalacademies.org/event/07-28-2022/guidance-on-pfas-exposure-testing-and-clinical-follow-up-report-public-briefing

NASEM’s posted description of the webinar:
“Per- and polyfluoroalkyl substances (PFAS) are chemicals with almost ubiquitous exposure in the United States—leading to concerns about who should be tested for exposure to PFAS and then if testing occurs, how those results should inform clinical care. The Agency for Toxic Substances and Disease Registry and the National Institute of Environmental Health Sciences have sponsored a study that will provide advice for clinicians about PFAS testing, such as when to test, whom to test, how to test, what to test for, and the risks of testing.
“This briefing will allow the public to share their thoughts on our report and ask questions of the committee. “

NPR Story on Lead Pipes
This week National Public Radio (NPR) posted a story “Time bomb lead pipes will be removed. But first water utilities have to find them.” Link to the article:
https://www.npr.org/sections/health-shots/2022/07/20/1112049811/lead-pipe-removal

In March 2022, the California Office of Environmental Health Hazard Assessment (OEHHA) published a recommended Notification Level (NL) and Response Level (RL) for perfluorohexane sulfonic acid (PFHxS).

July 7, 2022, the State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) released the enclosed notice that they are proposing OEHHA’s recommended NL and RL, presented below:

Proposed NL: 2 parts per trillion (ppt)
Proposed RL: 20 ppt

The enclosed notice includes a link to the supporting documentation for the proposed NL and RL. The enclosed notice indicates that DDW will present the proposed PFHxS NL and RL as an informational item at the August 16, 2022 meeting of the SWRCB. At the present time, the Agenda for that meeting has not yet been posted.

(Note: when DDW establishes an (or revises an existing) NL and RL, California Health and Safety Code, Section 116456 requires that (1) DDW publicly propose that the NL and RL are available, (2) provide the supporting documentation, and (3) before the NL and RL are finalized, present the proposed NL and RL at a meeting of the SWRCB).

The National Drinking Water Advisory Council (NDWAC) Microbial/Disinfection Byproduct (M/DBP) Rule Revisions Working Group will hold its second meeting (first meeting was held on May 23, 2022) on August 17, 2022 from 11:00 am to 6:00 pm (ET). According to EPA’s announcement the August 17th meeting is “….intended to include a discussion of the current regulatory landscape for the Surface Water Treatment Rules (SWTRs); an inventory of public water systems subject to the SWTRs; and a characterization of problems related to opportunistic pathogens.”

Registration to listen to the virtual meeting of the M/DBP Rule Revisions Working Group is at the link below:
https://www.eventbrite.com/e/ndwac-mdbp-rules-revision-working-group-meeting-2-tickets-368412270017?aff=ebdssbonlinesearch

Future meetings of the M/DBP Rule Revisions Working Group are tentatively planned for September 20, November 3, and December 13, 2022.

Background
Under the SDWA as amended in 1996, EPA is required to conduct a review of drinking water regulations every six years, and if appropriate, revise specific regulations. Previous six-year reviews were concluded in 2003 and in 2010. In December 2016, EPA announced the completion of its third review of existing drinking water regulations. EPA determined that eight regulations are candidates for regulatory revision. The eight regulations are chlorite, Cryptosporidium, Giardia lamblia, haloacetic acids (HAA5), heterotrophic bacteria, Legionella, TTHM, and viruses. These constituents are currently regulated under the Long-term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfection Byproduct Rule and are referred to as M/DBP regulations.

In October 2020, and during 2021 EPA held a series of public meetings to obtain input on possible revisions to the eight M/DBP regulations.

In November 2021 EPA published a request that the National Drinking Water Advisory County (NDWAC) “….provide advice and recommendations on key issues related to potential revisions to the following Microbial and Disinfection Byproducts (MDBP) rules: Stage 1 and Stage 2 Disinfectants and Disinfection Byproducts Rules, Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, and Long-Term 1 Enhanced Surface Water Treatment Rule.” At the same time, EPA requested nominations for an M/DBP Rule Revisions Working Group. The M/DBP Rule Revisions Working Group would make recommendations to the full NDWAC. After reviewing the Working Group’s recommendations, the NDWAC would then submit recommendations of possible M/DBP Rule Revisions to EPA.

EPA intends to propose revised M/DBP regulations by July 2024 and publish the final revised regulations by September 2027.

June 26, 2022 Federal Register, EPA announced that the Science Advisory Board (SAB) will meet Monday, July 18th (1:00 pm to 6:00 pm, ET) and Wednesday, July 20, 2022 (1:00 pm to 6:00 pm, ET). The SAB will be meeting “…..to conduct quality reviews of two draft SAB reports: Review of EPA’s Analyses to Support EPA’s National Primary Drinking Water Rulemaking for PFAS, and Review of the EPA’s Draft Fifth Contaminant Candidate List (CCL5).”

The meeting will be webcast. The link to view the meeting will be posted at the location below (webcast link not yet posted):
https://sab.epa.gov/ords/sab/f?p=114:19:15559077840610:::19:P19_ID:975

At the above web page, EPA posted a number of documents regarding the CCL5 and PFAS health effects, including the draft SAB reports that are the subject of the July meeting (the links to the draft SAB reports are located at the bottom of the page).

Background
CCL5 – the draft CCL5 was published for public comment in July 2021 and included 66 chemicals, three chemical groups (PFAS, cyanotoxins and disinfection byproducts) and 12 microbial constituents (including virus, bacteria and protozoa). The final CCL5 is expected to be published during 2022. Once the final CCL5 has been published, EPA has five years to make a determination whether to regulate at least five constituents from the list.

PFAS – EPA plans to publish proposed Maximum Contaminant Levels (MCLs) for PFOA and PFOS during fall 2022 and publish final MCLs during fall 2023.

The American Water Works Association (AWWA) and the International Association of Plumbing and Mechanical Officials (IAMPO) have published for public comment, a draft Manual of Recommended Practice for: The Safe Closure and Reopening of Building Water Systems.

You can obtain a copy of the draft Manual at the following location:

Click to access recommended-practice-manual-review-draft-5-20-22-public-input.pdf

Public comments are due by July 15, 2022.

The links below are to the IAPMO website where the draft Manual is posted. Information is provided about submitting public comments:
https://www.iapmo.org/standards-development/iapmo-industry-standards/20-day-public-review

https://www.iapmo.org/group/update/manual-of-recommended-practices-safe-closure-reopening-building-water-systems

The text below is copied from the IAMPO website:
“The manual covers risk management practices for all potable and non-potable water supply systems, water-supplied mechanical systems (cooling towers), wet fire suppression systems, and decorative water feature systems post-construction, during normal operation, when closing, during interruption to normal operation (system shutdown), and reopening all building occupancy types except for single- and two-family residential buildings. It is intended to provide expert guidance on building water system safety and provides sound and effective risk management practices for preparing water systems when buildings must be shut down or put into low use modes, “exercising” building water systems during periods of no or low use and evaluating and preparing water systems for reopening.”
“As the world emerges from the COVID-19 pandemic, there will be countless studies that will consider where proactive efforts could have reduced the health-, safety- and economic-related impacts that resulted,” said Christoph Lohr, IAPMO vice president of Strategic Initiatives. “The pandemic also pushed the plumbing and water-related industries to rethink some common practices. In the manual’s case this meant evaluating construction practices. Indeed, society has learned a great deal and we will be better prepared for the next time we need to respond to a similar threat on a global or regional scale, but only if we take the time to capture the recommended practices that are identified and put them into practice.”

June 14, 2022, today the Environmental Protection Agency (EPA) announced the release of “interim updated Health Advisories” (HAs) for PFOA and PFOS. EPA also announced that they are issuing final HAs for PFBS and GenX chemicals.

The interim HAs for PFOA and PFOS are
PFOA – 0.004 parts per trillion (ppt)
PFOS – 0.02 ppt

The final HAs for PFBS and GenX are:
PFBS – 2000 ppt
GenX – 10 ppt

Text Below is Copied from the Enclosed Federal Register Announcement:
“EPA is releasing interim updated health advisories for PFOA and PFOS based on data and draft analyses that indicate that the levels at which negative health effects could occur are much lower than previously understood when the agency issued its 2016 health advisories for PFOA and PFOS (70 parts per trillion or ppt). Human studies have found associations between PFOA and/or PFOS exposure and effects on the immune system, the cardiovascular system, development (e.g., decreased birth weight), and cancer. These data and draft analyses, which were released publicly in November 2021, are currently undergoing EPA Science Advisory Board (SAB) review. EPA is concerned about the public health implications of these preliminary findings and is therefore issuing interim updated health advisories for PFOA and PFOS.”

Link to a website presenting EPA’s Question and Answers Regarding PFAS
https://www.epa.gov/sdwa/questions-and-answers-drinking-water-health-advisories-pfoa-pfos-genx-chemicals-and-pfbs

Link below is to EPA’s web page on HAs. Scroll down to the middle of the page to find links for the four new PFAS HAs (links will take you to the supporting documents).
https://www.epa.gov/sdwa/drinking-water-health-advisories-has

Text Below is Copied from EPA’s Press Release:
“These advisories indicate the level of drinking water contamination below which adverse health effects are not expected to occur. Health advisories provide technical information that federal, state, and local officials can use to inform the development of monitoring plans, investments in treatment solutions, and future policies to protect the public from PFAS exposure.
EPA’s lifetime health advisories identify levels to protect all people, including sensitive populations and life stages, from adverse health effects resulting from a lifetime of exposure to these PFAS in drinking water. EPA’s lifetime health advisories also take into account other potential sources of exposure to these PFAS beyond drinking water (for example, food, air, consumer products, etc.), which provides an additional layer of protection.
EPA is issuing interim, updated drinking water health advisories for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that replace those EPA issued in 2016. The updated advisory levels, which are based on new science and consider lifetime exposure, indicate that some negative health effects may occur with concentrations of PFOA or PFOS in water that are near zero and below EPA’s ability to detect at this time. The lower the level of PFOA and PFOS, the lower the risk to public health. EPA recommends states, Tribes, territories, and drinking water utilities that detect PFOA and PFOS take steps to reduce exposure. Most uses of PFOA and PFOS were voluntarily phased out by U.S. manufacturers, although there are a limited number of ongoing uses, and these chemicals remain in the environment due to their lack of degradation.
For the first time, EPA is issuing final health advisories for perfluorobutane sulfonic acid and its potassium salt (PFBS) and for hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt (“GenX” chemicals). In chemical and product manufacturing, GenX chemicals are considered a replacement for PFOA, and PFBS is considered a replacement for PFOS. The GenX chemicals and PFBS health advisory levels are well above the level of detection, based on risk analyses in recent scientific studies.”

In November 2021 EPA published a request that the National Drinking Water Advisory County (NDWAC) “….provide advice and recommendations on key issues related to potential revisions to the following Microbial and Disinfection Byproducts (MDBP) rules: Stage 1 and Stage 2 Disinfectants and Disinfection Byproducts Rules, Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, and Long-Term 1 Enhanced Surface Water Treatment Rule.” At the same time, EPA requested nominations for an M/DBP Rule Revisions Working Group. The M/DBP Rule Revisions Working Group would make recommendations to the full NDWAC. After reviewing the Working Group’s recommendations, the NDWAC would then submit recommendations of possible M/DBP Rule Revisions to EPA.

The first meeting of the M/DBP Working Group will be May 23, 2022 from 11:00 am until 4:00 pm (ET) and will be hosted virtually through Zoom for Government. The meeting is “intended to make introductions among Working Group members; review previous public engagements and Working Group member interview findings; describe the approach to sequencing meeting topics for the meeting series and supporting discussions with technical information; and share goals for Working Group outcomes/impacts.”

Link to register to listen to the May 23, 2022 meeting:
https://www.eventbrite.com/e/ndwac-mdbp-rules-revision-working-group-meeting-1-tickets-329787602597

EPA intends to propose revised regulations by July 2024 and publish the final revised regulations by September 2027.

Background
Under the SDWA as amended in 1996, EPA is required to conduct a review of drinking water regulations every six years, and if appropriate, revise specific regulations. Previous six-year reviews were concluded in 2003 and in 2010. In December 2016, EPA announced the completion of its third review of existing drinking water regulations. EPA determined that eight regulations are candidates for regulatory revision. The eight regulations are chlorite, Cryptosporidium, Giardia lamblia, haloacetic acids (HAA5), heterotrophic bacteria, Legionella, TTHM, and viruses. These constituents are currently regulated under the Long-term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfection Byproduct Rule and are referred to as M/DBP regulations.

In October 2020, and during 2021 EPA held a series of public meetings to obtain input on possible revisions to the eight M/DBP regulations.

Yesterday, the Environmental Protection Agency (EPA) issued a press release “EPA Delivers on Three Water Commitments in the Agency’s PFAS Strategic Roadmap.”

The press release addresses (1) Clean Water Act analytical method for measuring PFAS, (2) EPA memo on PFAS discharges in EPA-issued NPDES permits, and (3) EPA is developing national recommended ambient water quality criteria for PFAS to protect aquatic life.

Link to EPA’s press release:
https://www.epa.gov/newsreleases/epa-delivers-three-water-commitments-agencys-pfas-strategic-roadmap

The press release contains links to EPA’s PFAS Strategic Roadmap, draft analytical Method 1621, EPA’s NPDES memo and draft aquatic life criteria for PFOA and PFOS.